[Congressional Record Volume 155, Number 21 (Tuesday, February 3, 2009)]
[Senate]
[Pages S1441-S1472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 106. Mr. ISAKSON (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and

[[Page S1442]]

local fiscal stabilization, for fiscal year ending September 30, 2009, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 1006 of title I of Division B and insert the 
     following:

     SEC. 1006. CREDIT FOR CERTAIN HOME PURCHASES.

       (a) Allowance of Credit.--Subpart A of part IV of 
     subchapter A of chapter 1 is amended by inserting after 
     section 25D the following new section:

     ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.

       ``(a) Allowance of Credit.--
       ``(1) In general.--In the case of an individual who is a 
     purchaser of a qualified principal residence during the 
     taxable year, there shall be allowed as a credit against the 
     tax imposed by this chapter an amount equal to 10 percent of 
     the purchase price of the residence.
       ``(2) Dollar limitation.--The amount of the credit allowed 
     under paragraph (1) shall not exceed $15,000.
       ``(3) Allocation of credit amount.--At the election of the 
     taxpayer, the amount of the credit allowed under paragraph 
     (1) (after application of paragraph (2)) may be equally 
     divided among the 2 taxable years beginning with the taxable 
     year in which the purchase of the qualified principal 
     residence is made.
       ``(b) Limitations.--
       ``(1) Date of purchase.--The credit allowed under 
     subsection (a) shall be allowed only with respect to 
     purchases made--
       ``(A) after December 31, 2008, and
       ``(B) before January 1, 2010.
       ``(2) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) for the taxable year.
       ``(3) One-time only.--
       ``(A) In general.--If a credit is allowed under this 
     section in the case of any individual (and such individual's 
     spouse, if married) with respect to the purchase of any 
     qualified principal residence, no credit shall be allowed 
     under this section in any taxable year with respect to the 
     purchase of any other qualified principal residence by such 
     individual or a spouse of such individual.
       ``(B) Joint purchase.--In the case of a purchase of a 
     qualified principal residence by 2 or more unmarried 
     individuals or by 2 married individuals filing separately, no 
     credit shall be allowed under this section if a credit under 
     this section has been allowed to any of such individuals in 
     any taxable year with respect to the purchase of any other 
     qualified principal residence.
       ``(c) Qualified Principal Residence.--For purposes of this 
     section, the term `qualified principal residence' means a 
     single-family residence that is purchased to be the principal 
     residence of the purchaser.
       ``(d) Denial of Double Benefit.--No credit shall be allowed 
     under this section for any purchase for which a credit is 
     allowed under section 36 or section 1400C.
       ``(e) Special Rules.--
       ``(1) Joint purchase.--
       ``(A) Married individuals filing separately.--In the case 
     of 2 married individuals filing separately, subsection (a) 
     shall be applied to each such individual by substituting 
     `$7,500' for `$15,000' in subsection (a)(1).
       ``(B) Unmarried individuals.--If 2 or more individuals who 
     are not married purchase a qualified principal residence, the 
     amount of the credit allowed under subsection (a) shall be 
     allocated among such individuals in such manner as the 
     Secretary may prescribe, except that the total amount of the 
     credits allowed to all such individuals shall not exceed 
     $15,000.
       ``(2) Purchase.--In defining the purchase of a qualified 
     principal residence, rules similar to the rules of paragraphs 
     (2) and (3) of section 1400C(e) (as in effect on the date of 
     the enactment of this section) shall apply.
       ``(3) Reporting requirement.--Rules similar to the rules of 
     section 1400C(f) (as so in effect) shall apply.
       ``(f) Recapture of Credit in the Case of Certain 
     Dispositions.--
       ``(1) In general.--In the event that a taxpayer--
       ``(A) disposes of the principal residence with respect to 
     which a credit was allowed under subsection (a), or
       ``(B) fails to occupy such residence as the taxpayer's 
     principal residence,

     at any time within 24 months after the date on which the 
     taxpayer purchased such residence, then the tax imposed by 
     this chapter for the taxable year during which such 
     disposition occurred or in which the taxpayer failed to 
     occupy the residence as a principal residence shall be 
     increased by the amount of such credit.
       ``(2) Exceptions.--
       ``(A) Death of taxpayer.--Paragraph (1) shall not apply to 
     any taxable year ending after the date of the taxpayer's 
     death.
       ``(B) Involuntary conversion.--Paragraph (1) shall not 
     apply in the case of a residence which is compulsorily or 
     involuntarily converted (within the meaning of section 
     1033(a)) if the taxpayer acquires a new principal residence 
     within the 2-year period beginning on the date of the 
     disposition or cessation referred to in such paragraph. 
     Paragraph (1) shall apply to such new principal residence 
     during the remainder of the 24-month period described in such 
     paragraph as if such new principal residence were the 
     converted residence.
       ``(C) Transfers between spouses or incident to divorce.--In 
     the case of a transfer of a residence to which section 
     1041(a) applies--
       ``(i) paragraph (1) shall not apply to such transfer, and
       ``(ii) in the case of taxable years ending after such 
     transfer, paragraph (1) shall apply to the transferee in the 
     same manner as if such transferee were the transferor (and 
     shall not apply to the transferor).
       ``(D) Relocation of members of the armed forces.--Paragraph 
     (1) shall not apply in the case of a member of the Armed 
     Forces of the United States on active duty who moves pursuant 
     to a military order and incident to a permanent change of 
     station.
       ``(3) Joint returns.--In the case of a credit allowed under 
     subsection (a) with respect to a joint return, half of such 
     credit shall be treated as having been allowed to each 
     individual filing such return for purposes of this 
     subsection.
       ``(4) Return requirement.--If the tax imposed by this 
     chapter for the taxable year is increased under this 
     subsection, the taxpayer shall, notwithstanding section 6012, 
     be required to file a return with respect to the taxes 
     imposed under this subtitle.
       ``(g) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section with respect to the 
     purchase of any residence, the basis of such residence shall 
     be reduced by the amount of the credit so allowed.
       ``(h) Election to Treat Purchase in Prior Year.--In the 
     case of a purchase of a principal residence during the period 
     described in subsection (b)(1), a taxpayer may elect to treat 
     such purchase as made on December 31, 2008, for purposes of 
     this section.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     A of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item relating to section 25D the 
     following new item:

``Sec. 25E. Credit for certain home purchases.''.

       (c) Sunset of Current First-Time Homebuyer Credit.--
       (1) In general.--Subsection (h) of section 36 is amended by 
     striking ``July 1, 2009'' and inserting ``the date of the 
     enactment of the American Recovery and Reinvestment Tax Act 
     of 2009''.
       (2) Election to treat purchase in prior year.--Subsection 
     (g) of section 36 is amended by striking ``July 1, 2009'' and 
     inserting ``the date of the enactment of the American 
     Recovery and Reinvestment Tax Act of 2009''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 107. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:

     SEC. __. PROHIBITION ON USE OF FUNDS BY OR FOR ACORN.

       None of the funds appropriated or otherwise made available 
     by this Act may be used directly or indirectly to fund the 
     Association of Community Organizations for Reform Now 
     (ACORN).
                                 ______
                                 
  SA 108. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 74, beginning on line 12, strike ``$4,600,000,000'' 
     and all that follows through ``powerplant(s): Provided 
     further'' on line 15, and insert ``$2,600,000,000: 
     Provided''.
                                 ______
                                 
  SA 109. Mr. COBURN (for himself, Mr. Enzi, Mr. McCain, and Mr. 
DeMint) submitted an amendment intended to be proposed to amendment SA 
98 proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 
1, making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; as 
follows:

       On page 475, beginning on line 1, strike through page 477, 
     line 17.
                                 ______
                                 
  SA 110. Mrs. MURRAY (for herself, Mrs. Feinstein, Mr. Specter, Mr. 
Reid,

[[Page S1443]]

Mr. Durbin, Mr. Dodd, Mrs. Boxer, Mr. Leahy, Ms. Mikulski, Mr. 
Lautenberg, Ms. Stabenow, Mr. Levin, Mr. Brown, Mr. Cardin, Mr. 
Sanders, Mr. Lieberman, Ms. Cantwell, Mr. Udall of Colorado, Mr. 
Whitehouse, Mr. Begich, Mr. Schumer, Mr. Byrd, Mr. Menendez, Mr. 
Carper, and Mr. Tester) proposed an amendment to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; as follows:

       Beginning on page 118, line 4, strike ``$6,400,000,000, to 
     remain available'' and all that follows through 
     ``$2,000,000,000 shall be for'' and insert in-lieu thereof 
     ``$13,400,000,000, to remain available until September 30, 
     2010, of which $10,000,000,000 shall be for making 
     capitalization grants for the Clean Water State Revolving 
     Funds under title VI of the Federal Water Pollution Control 
     Act, as amended; of which $3,000,000,000 shall be for''.
       On page 232, line 16, insert ``and other surface 
     transportation'' prior to the word ``investment'', ``
       On page 232, line 20, strike ``$27,060,000,000'' and insert 
     ``$40,060,000,000''.
       On page 239, line 24, strike ``$8,400,000,000'' and insert 
     $10,400,000,000''.
       On page 242, after line 10, insert the following:


          Supplemental Grants for Fixed Guideway Modernization

       For an additional amount for capital expenditures 
     authorized under section 5309(b)(2), $2,000,000,000, to 
     remain available through September 30, 2010: Provided, That 
     the Secretary of Transportation shall apportion the funding 
     provided under this heading using the formula set forth in 
     subsection 5337(a)(7) of title 49, United States Code: 
     Provided further, That the federal share of the costs for 
     which a grant is made under this heading shall be at the 
     option of the recipient, and may be up to 100 percent: 
     provided further, That the funds appropriated under this 
     heading shall not be commingled with funds available under 
     the Formula and Bus Grants account.


            Supplemental Funds for Capital Investment Grants

       For an additional amount for ``Capital Investment Grants'' 
     as authorized under section 5338(c)(4) of title 49, United 
     States Code, and allocated under section 5309(m)(2)(A) of 
     such title, to enable the Secretary of Transportation to make 
     discretionary grants as authorized by section 5309(d) and (e) 
     of such title, $1,000,000,000, to remain available through 
     September 30, 2011: Provided, That in awarding grants with 
     funding provided under this heading, the Secretary shall give 
     priority to projects that the grant funding can expedite 
     their completion and their entry into revenue service: 
     Provided further, That such funding shall be allocated 
     without regard to the requirements of section 
     5309(m)(2)(A)(i) of title 49, United States Code: Provided 
     further, That the federal share of the costs for which a 
     grant is made under this heading shall be at the option of 
     the recipient, and may be up to 100 percent: Provided 
     further, That the funds appropriated under this heading shall 
     not be commingled with funds available under the Capital 
     Investment Grants account.
       Each amount provided in this amendment is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009.
                                 ______
                                 
  SA 111. Mrs. MURRAY submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:

     SEC. 1607. FHA LOAN LIMITS FOR 2009.

       (a) Loan Limit Floor Based on 2008 Levels.--For mortgages 
     for which the mortgagee issues credit approval for the 
     borrower during calendar year 2009, if the dollar amount 
     limitation on the principal obligation of a mortgage 
     determined under section 203(b)(2) of the National Housing 
     Act (12 U.S.C. 1709(b)(2)) for any size residence for any 
     area is less than such dollar amount limitation that was in 
     effect for such size residence for such area for 2008 
     pursuant to section 202 of the Economic Stimulus Act of 2008 
     (Public Law 110-185; 122 Stat. 620), notwithstanding any 
     other provision of law, the maximum dollar amount limitation 
     on the principal obligation of a mortgage for such size 
     residence for such area for purposes of such section 
     203(b)(2) shall be considered (except for purposes of section 
     255(g) of such Act (12 U.S.C. 1715z-20(g))) to be such dollar 
     amount limitation in effect for such size residence for such 
     area for 2008.
       (b) Discretionary Authority for Sub-Areas.--Notwithstanding 
     any other provision of law, if the Secretary of Housing and 
     Urban Development determines, for any geographic area that is 
     smaller than an area for which dollar amount limitations on 
     the principal obligation of a mortgage are determined under 
     section 203(b)(2) of the National Housing Act, that a higher 
     such maximum dollar amount limitation is warranted for any 
     particular size or sizes of residences in such sub-area by 
     higher median home prices in such sub-area, the Secretary 
     may, for mortgages for which the mortgagee issues credit 
     approval for the borrower during calendar year 2009, increase 
     the maximum dollar amount limitation for such size or sizes 
     of residences for such sub-area that is otherwise in effect 
     (including pursuant to subsection (a) of this section), but 
     in no case to an amount that exceeds the amount specified in 
     section 202(a)(2) of the Economic Stimulus Act of 2008.

     SEC. 1608. GSE CONFORMING LOAN LIMITS FOR 2009.

       (a) Loan Limit Floor Based on 2008 Levels.--For mortgages 
     originated during calendar year 2009, if the limitation on 
     the maximum original principal obligation of a mortgage that 
     may purchased by the Federal National Mortgage Association or 
     the Federal Home Loan Mortgage Corporation determined under 
     section 302(b)(2) of the Federal National Mortgage 
     Association Charter Act (12 U.S.C. 1717(b)(2)) or section 
     305(a)(2) of the Federal Home Loan Mortgage Corporation Act 
     (12 U.S.C. 1754(a)(2)), respectively, for any size residence 
     for any area is less than such maximum original principal 
     obligation limitation that was in effect for such size 
     residence for such area for 2008 pursuant to section 201 of 
     the Economic Stimulus Act of 2008 (Public Law 110-185; 122 
     Stat. 619), notwithstanding any other provision of law, the 
     limitation on the maximum original principal obligation of a 
     mortgage for such Association and Corporation for such size 
     residence for such area shall be such maximum limitation in 
     effect for such size residence for such area for 2008.
       (b) Discretionary Authority for Sub-Areas.--Notwithstanding 
     any other provision of law, if the Director of the Federal 
     Housing Finance Agency determines, for any geographic area 
     that is smaller than an area for which limitations on the 
     maximum original principal obligation of a mortgage are 
     determined for the Federal National Mortgage Association or 
     the Federal Home Loan Mortgage Corporation, that a higher 
     such maximum original principal obligation limitation is 
     warranted for any particular size or sizes of residences in 
     such sub-area by higher median home prices in such sub-area, 
     the Director may, for mortgages originated during 2009, 
     increase the maximum original principal obligation limitation 
     for such size or sizes of residences for such sub-area that 
     is otherwise in effect (including pursuant to subsection (a) 
     of this section) for such Association and Corporation, but in 
     no case to an amount that exceeds the amount specified in the 
     matter following the comma in section 201(a)(1)(B) of the 
     Economic Stimulus Act of 2008.

     SEC. 1609. FHA REVERSE MORTGAGE LOAN LIMITS FOR 2009.

       For mortgages for which the mortgagee issues credit 
     approval for the borrower during calendar year 2009, the 
     second sentence of section 255(g) of the National Housing Act 
     (12 U.S.C. 1715z-20(g)) shall be considered to require that 
     in no case may the benefits of insurance under such section 
     255 exceed 150 percent of the maximum dollar amount in effect 
     under the sixth sentence of section 305(a)(2) of the Federal 
     Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
                                 ______
                                 
  SA 112. Mrs. BOXER (for herself, Mr. Ensign, Mr. Bayh, and Mr. 
Specter) submitted an amendment intended to be proposed to amendment SA 
98 proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 
1, making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; 
which was order to lie on the table; as follows:

       On page 514, between lines 16 and 17, insert the following:

                       PART X--INVEST IN THE USA

     SEC. 1291. ALLOWANCE OF DEDUCTION FOR DIVIDENDS RECEIVED FROM 
                   CONTROLLED FOREIGN CORPORATIONS FOR ADDITIONAL 
                   YEAR.

       (a) In General.--Section 965 (relating to temporary 
     dividends received deduction) is amended by adding at the end 
     the following new subsection:
       ``(g) Allowance for Deduction for an Additional Year.--
       ``(1) In general.--In the case of an election under this 
     subsection, subsection (f)(1) shall be applied by 
     substituting `January 1, 2010,' for `the date of the 
     enactment of this section'.
       ``(2) Special rules.--For purposes of paragraph (1)--
       ``(A) Extraordinary dividends.--Subsection (b)(2) shall be 
     applied by substituting `June 30, 2009' for `June 30, 2003'.

[[Page S1444]]

       ``(B) Determinations relating to related party 
     indebtedness.--Subsection (b)(3)(B) shall be applied by 
     substituting `October 3, 2009' for `October 3, 2004'.
       ``(C) Applicable financial statement.--Subsection (c)(1) 
     shall be applied by substituting `June 30, 2009' for `June 
     30, 2003' each place it occurs.
       ``(D) Determinations relating to base period.--Subsection 
     (c)(2) shall be applied by substituting `June 30, 2009' for 
     `June 30, 2003'.
       ``(E) Requirements for investment in united states.--
     Subsection (b)(4) shall be applied--
       ``(i) by inserting `deposited in 1 or more United States 
     financial institutions and' after `amount of the dividend', 
     and
       ``(ii) by striking subparagraph (B) thereof and inserting 
     the following:
       `` `(B) provides for the reinvestment of such dividend in 
     the United States (other than as payment for executive 
     compensation) as a source of funding for only 1 or more of 
     the following purposes:
       `` `(i) worker hiring and training,
       `` `(ii) research and development,
       `` `(iii) capital improvements,
       `` `(iv) acquisitions of business entities for the purpose 
     of retaining or creating jobs in the United States, and
       `` `(v) clean energy initiatives (such as clean energy 
     research and development, energy efficiency, clean energy 
     start ups, and clean energy jobs).
     For any purpose described in clause (i), (ii), or (iii), 
     funding shall qualify for purposes of this paragraph only if 
     such funding supplements but does not supplant otherwise 
     scheduled funding for either taxable year described in 
     subsection (f) by the taxpayer for such purpose. Such 
     scheduled funding shall be certified by the individual and 
     entity approving the domestic reinvestment plan.'.
       ``(3) Audit.--Not later than 2 years after the date of the 
     election under this subsection, the Internal Revenue Service 
     shall conduct an audit of the taxpayer with respect to any 
     reinvestment transaction arising from such election.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years ending on or after January 1, 
     2010.
                                 ______
                                 
  SA 113. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. ___. Additional Amount for Competitive Grant Program 
     for Construction of Research Science Buildings.-- (a) In 
     General.--The amount appropriated or otherwise made available 
     by this title under the heading ``construction of research 
     facilities'' is increased by $100,000,000.
       (b) Availability.--Of the amount appropriated or otherwise 
     made available by this title under the heading ``construction 
     of research facilities'', as increased by subsection (a), 
     $100,000,000 shall be available for the competitive grant 
     program for construction of research science buildings that 
     is authorized by sections 13 through 15 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278c-
     278e).
       (c) Requirement of Timely Award of Grants.--Competitive 
     grants using amounts appropriated or otherwise made available 
     by this title under the heading ``construction of research 
     facilities'' shall be awarded not later than 120 days after 
     the date of the enactment of this Act (or, in the case of 
     appropriations not available upon such date of enactment, not 
     later than 120 days after the appropriation becomes available 
     for obligation).
                                 ______
                                 
  SA 114. Mr. KERRY (for himself, Mr. Kennedy, Mr. Bingaman, Mr. 
Menendez, and Mr. Whitehouse) submitted an amendment intended to be 
proposed by him to the bill H.R. 1, making supplemental appropriations 
for job preservation and creation, infrastructure investment, energy 
efficiency and science, assistance to the unemployed, and State and 
local fiscal stabilization, for fiscal year ending September 30, 2009, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 71, line 22, before the period at the end, insert 
     the following: ``: Provided further, That the Secretary of 
     Energy shall increase the ceiling on energy savings 
     performance contacts entered into under section 801 of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287) 
     prior to December 1, 2008, to ensure that projects for which 
     a contractor has been selected under the contracts are 
     concluded in a timely manner''.
                                 ______
                                 
  SA 115. Mr. INHOFE (for himself and Mr. Bennet of Colorado) submitted 
an amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 77, line 14, before the period, insert the 
     following: ``: Provided further, That a small business 
     concern (within the meaning of section 3 of the Small 
     Business Act (15 U.S.C. 632)) shall be eligible to obtain a 
     loan guarantee under section 1702(b)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(b)(2)) with funds made available 
     under this heading for capital expenditures necessary to 
     comply during the 3-year period beginning on the date of 
     enactment of this Act with environmental requirements imposed 
     by a Federal agency''.
                                 ______
                                 
  SA 116. Mr. CARDIN (for himself, Mr. Ensign, and Mr. Udall of 
Colorado) submitted an amendment intended to be proposed to amendment 
SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill 
H.R. 1, making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike subsections (a) and (b) of section 1006 of division 
     B and insert the following:
       (a) Extension.--
       (1) In general.--Section 36(h) is amended by striking 
     ``July 1, 2009'' and inserting ``January 1, 2010''.
       (2) Conforming amendment.--Section 36(g) is amended by 
     striking ``July 1, 2009'' and inserting ``January 1, 2010''.
       (b) Waiver of Recapture.--
       (1) In general.--Paragraph (4) of section 36(f) is amended 
     by adding at the end the following new subparagraph:
       ``(D) Waiver of recapture for purchases in 2009.--In the 
     case of any credit allowed with respect to the purchase of a 
     principal residence after December 31, 2008, and before 
     January 1, 2010--
       ``(i) paragraph (1) shall not apply, and
       ``(ii) paragraph (2) shall apply only if the disposition or 
     cessation described in paragraph (2) with respect to such 
     residence occurs during the 36-month period beginning on the 
     date of the purchase of such residence by the taxpayer.''.
       (2) Conforming amendment.--Subsection (g) of section 36 is 
     amended by striking ``subsection (c)'' and inserting 
     ``subsections (c) and (f)(4)(D)''.
                                 ______
                                 
  SA 117. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Each amount appropriated or otherwise made 
     available in the matter under the heading entitled 
     ``DEPARTMENT OF DEFENSE--CIVIL'' of title IV is increased by 
     100 percent.
       (b) Notwithstanding any other provision of this Act, each 
     amount provided by each matter under the headings entitled 
     ``energy efficiency and renewable energy'' and ``fossil 
     energy research and development'' under the heading entitled 
     ``Energy Programs'' under the heading entitled ``DEPARTMENT 
     OF ENERGY'' of title IV is reduced by the pro rata percentage 
     required to carry out subsection (a).
                                 ______
                                 
  SA 118. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Each amount appropriated or otherwise made 
     available in the matter under the heading entitled 
     ``DEPARTMENT OF DEFENSE--CIVIL'' of title IV is increased by 
     100 percent.
       (b) Notwithstanding any other provision of this Act, the 
     amount provided by the matter under the heading entitled 
     ``defense environmental cleanup'' under the heading entitled 
     ``Environmental and Other Defense Activities'' under the 
     heading entitled ``ATOMIC ENERGY DEFENSE ACTIVITIES'' of 
     title IV is reduced by $4,890,000,000.
                                 ______
                                 
  SA 119. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment,

[[Page S1445]]

energy efficiency and science, assistance to the unemployed, and State 
and local fiscal stabilization, for fiscal year ending September 30, 
2009, and for the purposes; which was ordered to lie on the table; as 
follows:

       On page 122, after line 23, add the following:

                   Subtitle B--Expedited Lease Sales

     SEC. 711. SHORT TITLE.

       This subtitle may be cited as the ``Drill Now Act of 
     2009''.

     SEC. 712. DEFINITIONS.

       In this subtitle:
       (1) Opened area.--The term ``opened area'' means any area 
     of the outer Continental shelf that--
       (A) before the date of enactment of this Act, was closed to 
     oil or gas leasing; and
       (B) as of the date of enactment of this Act, is made 
     available for leasing pursuant to section 713(a) and the 
     amendments made by that section.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 713. LEASING ON OUTER CONTINENTAL SHELF.

       (a) Opening New Offshore Areas to Oil and Gas 
     Development.--
       (1) In general.--Sections 104 and 105 of the Department of 
     the Interior, Environment, and Related Agencies 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2118) 
     are repealed.
       (2) Eastern gulf of mexico.--Section 104 of the Gulf of 
     Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432) is amended to read as follows:

     ``SEC. 104. DESIGNATION OF NATIONAL DEFENSE AREAS.

       ``The United States reserves the right to designate by and 
     through the Secretary of Defense, with the approval of the 
     President, national defense areas on the outer Continental 
     Shelf pursuant to section 12(d) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1341(d)).''.
       (b) Expedited Leasing.--The Secretary may conduct leasing, 
     preleasing, and related activities for any opened area before 
     June 30, 2012, notwithstanding the omission of the opened 
     area from the Outer Continental Shelf leasing program 
     developed pursuant to section 18 of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1344) for the period ending June 
     30, 2012.
       (c) No Surface Occupancy.--Any lease issued by the 
     Secretary pursuant to section 8 of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1337) for any submerged land of 
     the outer Continental Shelf in any opened area lying within 
     25 miles of the coastline of any State shall include a 
     provision prohibiting permanent surface occupancy under that 
     lease within that 25-mile area.
       (d) Disposition of Revenues From Outer Continental Shelf 
     Areas Opened Under This Section.--
       (1) In general.--Notwithstanding section 9 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1338) and subject to 
     the other provisions of this section, the Secretary of the 
     Treasury shall deposit rentals, royalties, bonus bids, and 
     other sums due and payable from any leased tract within an 
     opened area, and from all other leased tracts in any other 
     area for which leases are entered into after the date of 
     enactment of this Act, as follows:
       (A) 50 percent in the general fund of the Treasury.
       (B) 50 in a special account in the Treasury, for allocation 
     by the Secretary among the States in accordance with 
     paragraph (2).
       (2) Allocation.--
       (A) In general.--For fiscal year 2009 and each fiscal year 
     thereafter, the amount made available under paragraph (1)(B) 
     shall be allocated among States in amounts (based on a 
     formula established by the Secretary by regulation) that are 
     inversely proportional to the respective distances between--
       (i) the point on the coastline of each State that is 
     closest to the geographical center of the applicable leased 
     tract; and
       (ii) the geographical center of the leased tract.
       (B) Prohibition on receipt of amounts.--No State shall 
     receive any amount under this paragraph from a leased tract 
     if the geographical center of that leased tract is more than 
     200 nautical miles from the coastline of that State.
       (3) Administration.--Amounts made available under paragraph 
     (1)(B) shall--
       (A) be made available, without further appropriation, in 
     accordance with this section;
       (B) remain available until expended; and
       (C) be in addition to any amounts appropriated under--
       (i) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
     et seq.);
       (ii) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.); or
       (iii) any other provision of law.
       (e) Judicial Review.--
       (1) Filing of complaint.--
       (A) Deadline.--Subject to subparagraph (B), any complaint 
     seeking judicial review of any provision of this section or 
     any action of the Secretary under this section or relating to 
     areas opened under the amendments made by subsection (a) 
     shall be filed in any appropriate United States district 
     court--
       (i) except as provided in clause (ii), not later than the 
     end of the 90-day period beginning on the date of the action 
     being challenged; or
       (ii) in the case of a complaint based solely on grounds 
     arising after that period, not later than 90 days after the 
     date on which the complainant knew or reasonably should have 
     known of the grounds for the complaint.
       (B) Venue.--Any complaint seeking judicial review of an 
     action of the Secretary under this section or relating to 
     areas opened under subsection (a) may be filed only in the 
     United States Court of Appeals for the District of Columbia.
       (C) Limitation on scope of certain review.--
       (i) In general.--Judicial review of a decision of the 
     Secretary to conduct a lease sale for areas opened under the 
     amendments made by subsection (a), including the 
     environmental analysis relating to such a decision, shall 
     be--

       (I) limited to whether the Secretary has complied with the 
     terms of this section and the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et seq.); and
       (II) based upon the administrative record of that decision.

       (ii) Presumption.--In any judicial review described in 
     clause (i), the identification by the Secretary of a 
     preferred course of action to enable leasing to proceed, and 
     the analysis of the Secretary of any environmental effects of 
     that course of action, shall be presumed to be correct unless 
     shown otherwise by clear and convincing evidence to the 
     contrary.
       (2) Limitation on other review.--Actions of the Secretary 
     with respect to which review could have been obtained under 
     this section shall not be subject to judicial review in any 
     civil or criminal proceeding for enforcement.
       (f) Repeal of Restriction on Oil Shale Leasing.--Section 
     433 of the Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2008 (Public Law 110-
     161; 121 Stat. 2152) is repealed.
                                 ______
                                 
  SA 120. Mr. Brown submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for the 
purposes; which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:

     SEC. 1607. ADDITIONAL AMOUNT FOR ECONOMIC ADJUSTMENT 
                   ASSISTANCE.

       (a) In General.--The amount appropriated or otherwise made 
     available under title II of this division under the heading 
     ``economic development assistance programs'' is hereby 
     increased by $50,000,000.
       (b) Availability.--Of the amount appropriated or otherwise 
     made available under title II of this division under the 
     heading ``economic development assistance programs'', as 
     increased by subsection (a), $50,000,000 shall be available 
     for economic adjustment assistance pursuant to section 209 of 
     the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3149). The amount available for economic adjustment 
     assistance under this subsection shall be in addition to any 
     other amounts available for such assistance under title II of 
     this division.
                                 ______
                                 
  SA 121. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 452, between lines 18 and 19, insert the following:

             PART III--RIGHT START CHILD CARE AND EDUCATION

     SEC. 1021. INCREASE IN EMPLOYER-PROVIDED CHILD CARE CREDIT.

       (a) Increase in Creditable Percentage of Child Care 
     Expenditures.--Paragraph (1) of section 45F(a) is amended by 
     striking ``25 percent'' and inserting ``35 percent''.
       (b) Increase in Creditable Percentage of Resource and 
     Referral Expenditures.--Paragraph (2) of section 45F(a) is 
     amended by striking ``10 percent'' and inserting ``20 
     percent''.
       (c) Increase in Maximum Credit.--Subsection (b) of section 
     45F is amended by striking ``$150,000'' and inserting 
     ``$225,000''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1022. INCREASE IN DEPENDENT CARE CREDIT.

       (a) Increase in Incomes Eligible for Full Credit.--
     Paragraph (2) of section 21(a) is amended by striking 
     ``$30,000'' and inserting ``$20,000''.
       (b) Increase in Percentage of Expenses Allowable.--
     Paragraph (2) of section 21(a) is amended--
       (1) by striking ``35 percent'' and inserting ``50 
     percent'', and
       (2) by striking ``20 percent'' and inserting ``35 
     percent''.

[[Page S1446]]

       (c) Increase in Dollar Limit on Amount Creditable.--
     Subsection (c) of section 21 is amended--
       (1) by striking ``$3,000'' in paragraph (1) and inserting 
     ``$6,000'', and
       (2) by striking ``$6,000'' in paragraph (2) and inserting 
     ``$12,000''.
       (d) Credit to Be Refundable.--
       (1) In general.--Section 21 is hereby moved to subpart C of 
     part IV of subchapter A of chapter 1 (relating to refundable 
     credits) and inserted after section 36A.
       (2) Technical amendments.--
       (A) Section 21, as so moved, is redesignated as section 
     36B.
       (B) Paragraph (1) of section 36B(a) (as redesignated by 
     paragraph (2)) is amended by striking ``this chapter'' and 
     inserting ``this subtitle''.
       (C) Paragraph (1) of section 23(f) is amended by striking 
     ``21(e)'' and inserting ``36B(e)''.
       (D) Paragraph (6) of section 35(g) is amended by striking 
     ``21(e)'' and inserting ``36B(e)''.
       (E) Subparagraph (C) of section 129(a)(2) is amended by 
     striking ``section 21(e)'' and inserting ``section 36B(e)''.
       (F) Paragraph (2) of section 129(b) is amended by striking 
     ``section 21(d)(2)'' and inserting ``section 36B(d)(2)''.
       (G) Paragraph (1) of section 129(e) is amended by striking 
     ``section 21(b)(2)'' and inserting ``section 36B(b)(2)''.
       (H) Subsection (e) of section 213 is amended by striking 
     ``section 21'' and inserting ``section 36B''.
       (I) Subparagraph (H) of section 6213(g)(2) is amended by 
     striking ``section 21'' and inserting ``section 36B''.
       (J) Subparagraph (L) of section 6213(g)(2) is amended by 
     striking ``section 21,'' and inserting ``section 36B,''.
       (K) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``36B,'' after ``36A,''.
       (L) The table of sections for subpart C of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 36A and inserting the following:

``Sec. 36B. Expenses for household and dependent care services 
              necessary for gainful employment.''

       (M) The table of sections for subpart A of such part IV is 
     amended by striking the item relating to section 21.
       (e) Certain Prior Amendments to Credit Made Permanent.--
     Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 shall not apply to the amendments 
     made by section 204 of such Act.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1023. 3-YEAR CREDIT FOR INDIVIDUALS HOLDING CHILD CARE-
                   RELATED DEGREES WHO WORK IN LICENSED CHILD CARE 
                   FACILITIES.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 (relating to nonrefundable personal credits) is 
     amended by inserting after section 25D the following new 
     section:

     ``SEC. 25E. RIGHT START CHILD CARE AND EDUCATION CREDIT.

       ``(a) Allowance of Credit.--In the case of an individual 
     who is an eligible child care provider for the taxable year, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year the amount of $2,000.
       ``(b) 3-Year Credit.--
       ``(1) In general.--The credit allowable by subsection (a) 
     for any taxable year to an individual shall be allowed for 
     such year only if the individual elects the application of 
     this section for such year.
       ``(2) Election.--An election to have this section apply may 
     not be made by an individual for any taxable year if such an 
     election by such individual is in effect for any 3 prior 
     taxable years.
       ``(c) Eligible Child Care Provider.--For purposes of this 
     section--
       ``(1) In general.--The term `eligible child care provider' 
     means, for any taxable year, any individual if--
       ``(A) as of the close of such taxable year, such individual 
     holds a bachelor's degree in early childhood education, child 
     care, or a related degree and such degree was awarded by an 
     eligible educational institution (as defined in section 
     25A(f)(2)), and
       ``(B) during such taxable year, such individual performs at 
     least 1,200 hours of child care services at a facility if--
       ``(i) the principal use of the facility is to provide child 
     care services,
       ``(ii) no more than 25 percent of the children receiving 
     child care services at the facility are children (as defined 
     in section 152(f)) of the individual or such individual's 
     spouse, and
       ``(iii) the facility meets the requirements of all 
     applicable laws and regulations of the State or local 
     government in which it is located, including the licensing of 
     the facility as a child care facility.

     Subparagraph (B)(i) shall not apply to a facility which is 
     the principal residence (within the meaning of section 121) 
     of the operator of the facility.
       ``(2) Child care services.--The term `child care services' 
     means child care and early childhood education.''.
       (b) Clerical Amendment.--The table of sections for such 
     subpart A is amended by inserting after the item relating to 
     section 25D the following new item:

``Sec. 25E. Right Start Child Care and Education Credit.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1024. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED 
                   DEPENDENT CARE ASSISTANCE.

       (a) In General.--Subparagraph (A) of section 129(a)(2) 
     (relating to dependent care assistance programs) is amended 
     by striking ``$5,000 ($2,500'' and inserting ``$7,500 
     ($3,750''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 122. Mr. BUNNING submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 451, between lines 13 and 14, insert the following:

     SEC. ___. INCREASE IN LIMITATIONS ON OFFSETTING ORDINARY 
                   INCOME WITH CAPITAL LOSSES.

       (a) In General.--Section 1211(b)(1) is amended by striking 
     ``$3,000 ($1,500'' and inserting ``$15,000 (one-half of such 
     amount''.
       (b) Inflation Adjustment.--Section 1211 is amended by 
     adding at the end the following new subsection:
       ``(c) Inflation Adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2009, the dollar 
     amount contained in subsection (b) shall be increased by an 
     amount equal to--
       ``(1) such dollar amount, multiplied by
       ``(2) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2008' 
     for `calendar year 1992' in subparagraph (B) thereof.

     Any increase determined under the preceding sentence shall be 
     rounded to the nearest multiple of $100.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 123. Mr. BUNNING submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, between lines 8 and 9, insert the following:

     SEC. __. TEMPORARY REPEAL OF 1993 INCOME TAX INCREASE ON 
                   SOCIAL SECURITY BENEFITS.

       (a) In General.--Paragraph (2) of section 86(a) (relating 
     to social security and tier 1 railroad retirement benefits) 
     is amended by adding at the end the following new flush 
     sentence:
     ``This paragraph shall not apply to any taxable year 
     beginning in 2009.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
       (c) Maintenance of Transfers to Hospital Insurance Trust 
     Fund.--There are hereby appropriated to the Federal Hospital 
     Insurance Trust Fund established under section 1817 of the 
     Social Security Act (42 U.S.C. 1395i) amounts equal to the 
     reduction in revenues to the Treasury by reason of the 
     amendment made by subsection (a). Amounts appropriated by the 
     preceding sentence shall be transferred from the general fund 
     at such times and in such manner as to replicate to the 
     extent possible the transfers which would have occurred to 
     such Trust Fund had such amendment not been enacted.
                                 ______
                                 
  SA 124. Mr. BUNNING submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 484, after line 24, add the following:
     The preceding sentence shall not apply to any taxpayer with 
     respect to losses attributable to the modification of any 
     personal residence indebtedness.
                                 ______
                                 
  SA 125. Mrs. McCASKILL (for herself, Mr. Sanders, Mrs. Hogan, Mr. 
Harkin, Ms. Mikulski, Ms. Klobuchar, Mr. Nelson of Florida, Mr. Begich, 
and Mrs. Boxer) submitted an amendment intended to be proposed to 
amendment

[[Page S1447]]

SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill 
H.R. 1, making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 428, between lines 11 and 12, insert the following:

              Subtitle D--Limits on Executive Compensation

     SEC. 1551. SHORT TITLE.

       This subtitle may be cited as the ``Cap Executive Officer 
     Pay Act of 2009''.

     SEC. 1552. LIMIT ON EXECUTIVE COMPENSATION.

       (a) In General.--Notwithstanding any other provision of law 
     or agreement to the contrary, no person who is an officer, 
     director, executive, or other employee of a financial 
     institution or other entity that receives or has received 
     funds under the Troubled Asset Relief Program (or ``TARP''), 
     established under section 101 of the Emergency Economic 
     Stabilization Act of 2008, may receive annual compensation in 
     excess of the amount of compensation paid to the President of 
     the United States.
       (b) Duration.--The limitation in subsection (a) shall be a 
     condition of the receipt of assistance under the TARP, and of 
     any modification to such assistance that was received on or 
     before the date of enactment of this Act, and shall remain in 
     effect with respect to each financial institution or other 
     entity that receives such assistance or modification for the 
     duration of the assistance or obligation provided under the 
     TARP.

     SEC. 1553. RULEMAKING AUTHORITY.

       The Secretary shall expeditiously issue such rules as are 
     necessary to carry out this subtitle, including with respect 
     to reimbursement of compensation amounts, as appropriate.

     SEC. 1554. COMPENSATION.

       As used in this subtitle, the term ``compensation'' 
     includes wages, salary, deferred compensation, retirement 
     contributions, options, bonuses, property, and any other form 
     of compensation or bonus that the Secretary of the Treasury 
     determines is appropriate.
                                 ______
                                 
  SA 126. Mrs. McCASKILL (for herself, Mr. Bond, Mr. Bingaman, and Mr. 
Udall of New Mexico) submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       The third provisio under the matter under the heading 
     ``(including transfers of funds)'' under the heading ``State 
     and Tribal Assistance Grants'' under the heading 
     ``ENVIRONMENTAL PROTECTION AGENCY'' in title VII is amended 
     by striking ``principal and negative interest loans'' and 
     inserting ``principal, negative interest loans, and grants''.
                                 ______
                                 
  SA 127. Mrs. McCASKILL submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1518 and insert the following:

     SEC. 1518. PROTECTING STATE AND LOCAL GOVERNMENT AND 
                   CONTRACTOR WHISTLEBLOWERS.

       (a) Prohibition of Reprisals.--An employee of any non-
     Federal employer receiving covered funds may not be 
     discharged, demoted, or otherwise discriminated against as a 
     reprisal for disclosing, including a disclosure made in the 
     ordinary course of an employee's duties, to the Board, an 
     inspector general, the Comptroller General, a member of 
     Congress, a State or Federal regulatory or law enforcement 
     agency, a person with supervisory authority over the employee 
     (or such other person working for the employer who has the 
     authority to investigate, discover, or terminate misconduct), 
     a court or grand jury, the head of a Federal agency, or their 
     representatives information that the employee reasonably 
     believes is evidence of--
       (1) gross mismanagement of an agency contract or grant 
     relating to covered funds;
       (2) a gross waste of covered funds;
       (3) a substantial and specific danger to public health or 
     safety;
       (4) an abuse of authority related to the implementation or 
     use of covered funds; or
       (5) a violation of law, rule, or regulation related to an 
     agency contract (including the competition for or negotiation 
     of a contract) or grant, awarded or issued relating to 
     covered funds.
       (b) Investigation of Complaints.--
       (1) In general.--A person who believes that the person has 
     been subjected to a reprisal prohibited by subsection (a) may 
     submit a complaint regarding the reprisal to the appropriate 
     inspector general. Unless the inspector general determines 
     that the complaint is frivolous, does not relate to covered 
     funds, or another Federal or State judicial or administrative 
     proceeding has previously been invoked to resolve such 
     complaint, the inspector general shall investigate the 
     complaint and, upon completion of such investigation, submit 
     a report of the findings of the investigation to the person, 
     the person's employer, the head of the appropriate agency, 
     and the Board.
       (2) Time limitations for actions.--
       (A) In general.--Except as provided under subparagraph (B), 
     the inspector general shall, not later than 180 days after 
     receiving a complaint under paragraph (1)--
       (i) make a determination that the complaint is frivolous, 
     does not relate to covered funds, or another Federal or State 
     judicial or administrative proceeding has previously been 
     invoked to resolve such complaint; or
       (ii) submit a report under paragraph (1).
       (B) Extension.--If the inspector general is unable to 
     complete an investigation in time to submit a report within 
     the 180-day period specified under subparagraph (A) and the 
     person submitting the complaint agrees to an extension of 
     time, the inspector general shall submit a report under 
     paragraph (1) within such additional period of time as shall 
     be agreed upon between the inspector general and the person 
     submitting the complaint.
       (3) Burden of proof.--
       (A) Disclosure as contributing factor in reprisal.--
       (i) In general.--A person alleging a reprisal under this 
     section shall be deemed to have affirmatively established the 
     occurrence of the reprisal if the person demonstrates that a 
     disclosure described in subsection (a) was a contributing 
     factor in the reprisal.
       (ii) Use of circumstantial evidence.--A disclosure may be 
     demonstrated as a contributing factor in a reprisal for 
     purposes of this paragraph by circumstantial evidence, 
     including--

       (I) evidence that the official undertaking the reprisal 
     knew of the disclosure; or
       (II) evidence that the reprisal occurred within a period of 
     time after the disclosure such that a reasonable person could 
     conclude that the disclosure was a contributing factor in the 
     reprisal.

       (B) Presumption that reprisal warrants corrective action.--
     Except as provided in subparagraph (C), if a reprisal is 
     affirmatively established under subparagraph (A), the 
     appropriate inspector general shall recommend in the report 
     under paragraph (1) that corrective action be taken under 
     subsection (c).
       (C) Opportunity for rebuttal.--The inspector general may 
     not recommend corrective action under subparagraph (B) with 
     respect to a reprisal that is affirmatively established under 
     subparagraph (A) if the employer demonstrates by clear and 
     convincing evidence that the employer would have taken the 
     action constituting the reprisal in the absence of the 
     disclosure.
       (4) Access to investigative file of inspector general.--
       (A) In general.--The person alleging a reprisal under this 
     section shall have access to the complete investigation file 
     of the appropriate inspector general in accordance with 
     section 552a of title 5, United States Code (commonly 
     referred to as the ``Privacy Act''). The investigation of the 
     inspector general shall be deemed closed for purposes of 
     disclosure under such section when an employee files an 
     appeal to an agency head or a court of competent 
     jurisdiction.
       (B) Civil action.--In the event the person alleging the 
     reprisal brings suit under subsection (c)(2)(a), the person 
     alleging the reprisal and the contractor shall have access to 
     the complete investigative file of the Inspector General in 
     accordance with the Privacy Act.
       (5) Privacy of information.--An inspector general 
     investigating an alleged reprisal under this section may not 
     respond to any inquiry or disclose any information from or 
     about any person alleging such reprisal, except in accordance 
     with the provisions of section 552a of title 5, United States 
     Code, or as required by any other applicable Federal law.
       (c) Remedy and Enforcement Authority.--
       (1) Agency action.--Not later than 30 days after receiving 
     an inspector general report under subsection (b), the head of 
     the agency concerned shall determine whether there is 
     sufficient basis to conclude that the non-Federal employer 
     has subjected the complainant to a reprisal prohibited by 
     subsection (a) and shall either issue an order denying relief 
     or shall take 1 or more of the following actions:
       (A) Order the employer to take affirmative action to abate 
     the reprisal.
       (B) Order the employer to reinstate the person to the 
     position that the person held before the reprisal, together 
     with the compensation (including back pay), compensatory 
     damages, employment benefits, and other terms and conditions 
     of employment that would apply to the person in that position 
     if the reprisal had not been taken.

[[Page S1448]]

       (C) Order the employer to pay the complainant an amount 
     equal to the aggregate amount of all costs and expenses 
     (including attorneys' fees and expert witnesses' fees) that 
     were reasonably incurred by the complainant for, or in 
     connection with, bringing the complaint regarding the 
     reprisal, as determined by the head of the agency or a court 
     of competent jurisdiction.
       (2) Civil action.--
       (A) In general.--If the head of an agency issues an order 
     denying relief under paragraph (1) or has not issued an order 
     within 210 days after the submission of a complaint under 
     subsection (b), or in the case of an extension of time under 
     subsection (b)(2)(B), not later than 30 days after the 
     expiration of the extension of time, and there is no showing 
     that such delay is due to the bad faith of the complainant, 
     the complainant shall be deemed to have exhausted all 
     administrative remedies with respect to the complaint, and 
     the complainant may bring a de novo action at law or equity 
     against the employer to seek compensatory damages and other 
     relief available under this section in the appropriate 
     district court of the United States, which shall have 
     jurisdiction over such an action without regard to the amount 
     in controversy. Such an action shall, at the request of 
     either party to the action, be tried by the court with a 
     jury.
       (B) Burdens of proof.--In any action under subparagraph 
     (A), the establishment of the occurrence of a reprisal shall 
     be governed by the provisions of subsection (b)(3)(A), 
     including with respect to burden of proof, and the 
     establishment that an action alleged to constitute a reprisal 
     did not constitute a reprisal shall be subject to the burden 
     of proof specified in subsection (b)(3)(C).
       (3) Judicial enforcement of order.--Whenever a person fails 
     to comply with an order issued under paragraph (1), the head 
     of the agency shall file an action for enforcement of such 
     order in the United States district court for a district in 
     which the reprisal was found to have occurred. In any action 
     brought under this paragraph, the court may grant appropriate 
     relief, including injunctive relief, compensatory and 
     exemplary damages, and attorneys fees and costs.
       (4) Judicial review.--Any person adversely affected or 
     aggrieved by an order issued under paragraph (1) may obtain 
     review of the order's conformance with this subsection, and 
     any regulations issued to carry out this section, in the 
     United States court of appeals for a circuit in which the 
     reprisal is alleged in the order to have occurred. No 
     petition seeking such review may be filed more than 60 days 
     after issuance of the order by the head of the agency. Review 
     shall conform to chapter 7 of title 5, United States Code.
       (d) Rules of Construction.--
       (1) No implied authority to retaliate for non-protected 
     disclosures.--Nothing in this section may be construed to 
     authorize the discharge of, demotion of, or discrimination 
     against an employee for a disclosure other than a disclosure 
     protected by subsection (a) or to modify or derogate from a 
     right or remedy otherwise available to the employee.
       (2) Waiver of sovereign immunity as condition for receipt 
     of funds.--State and local governments, as a condition for 
     receipt of covered funds, may not raise sovereign immunity as 
     an affirmative defense to an action under this section.
       (e) Nonenforceability of Certain Provisions Waiving Rights 
     and Remedies or Requiring Arbitration of Disputes.--
       (1) Waiver of rights and remedies.--Notwithstanding any 
     other provision of law and except as provided under paragraph 
     (3), the rights and remedies provided for in this section may 
     not be waived by any agreement, policy, form, or condition of 
     employment, including by any predispute arbitration 
     agreement.
       (2) Predispute arbitration agreements.--Notwithstanding any 
     other provision of law and except as provided under paragraph 
     (3), no predispute arbitration agreement shall be valid or 
     enforceable if it requires arbitration of a dispute arising 
     under this section.
       (3) Exception for collective bargaining agreements.--
     Notwithstanding paragraphs (1) and (2), an arbitration 
     provision in a collective bargaining agreement shall be 
     enforceable as to disputes arising under the collective 
     bargaining agreement.
       (f) Requirement to Post Notice of Rights and Remedies.--Any 
     employer receiving covered funds shall post notice of the 
     rights and remedies provided under this section.
       (g) Definitions.--In this Act:
       (1) Abuse of authority.--The term ``abuse of authority'' 
     means an arbitrary and capricious exercise of authority by a 
     contracting official or employee that adversely affects the 
     rights of any person, or that results in personal gain or 
     advantage to the official or employee or to preferred other 
     persons.
       (2) Covered funds.--The term ``covered funds'' means any 
     contract, grant, or other payment received by any non-Federal 
     employer if--
       (A) the Federal Government provides any portion of the 
     money or property that is provided, requested, or demanded; 
     and
       (B) at least some of the funds are appropriated or 
     otherwise made available by this Act.
       (3) Employee.--The term ``employee'' means an individual 
     performing services on behalf of an employer.
       (4) Non-federal employer.--The term ``non-Federal 
     employer'' means any employer--
       (A) with respect to any contract, grant, or direct payment 
     issued by the Federal Government--
       (i) the contractor, subcontractor, grantee, or recipient, 
     as the case may be, if the contractor, grantee, or recipient 
     is an employer;
       (ii) any professional membership organization, 
     certification or other professional body, any agency or 
     licensee of the Federal government, or any person acting 
     directly or indirectly in the interest of an employer 
     receiving Federal funds; or
       (B) with respect to covered funds received by a State or 
     local government, the State or local government receiving the 
     funds and any contractor or subcontractor of the State or 
     local government.
       (5) State or local government.--The term ``State or local 
     government'' means--
       (A) the government of each of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Northern Mariana Is 
     Lands, or any other territory or possession of the United 
     States; or
       (B) the government of any political subdivision of a 
     government listed in subparagraph (A).
                                 ______
                                 
  SA 128. Mr. BAYH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 158, line 16, insert ``, which may include 
     constructing new facilities,'' after ``education 
     facilities''.
       On page 162, line 19, insert ``, which may include 
     constructing new facilities,'' after ``or repair 
     facilities''.
       On page 164, line 11, insert ``, including construction of 
     new facilities,'' after ``projects''.
       On page 164, line 23, insert ``or'' after the semicolon.
       On page 165, line 6, strike ``; or'' and insert a period.
       On page 165, strike line 7.
                                 ______
                                 
  SA 129. Mr. CARPER (for himself, Mr. Voinovich, and Mr. Johnson) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 276, strike lines 15 through 24, and insert the 
     following:
       (E) Resource requirements.--The National Coordinator shall 
     estimate and publish resources required annually to reach the 
     goal of utilization of an electronic health record for each 
     person in the United States by 2014, including--
       (i) the required level of Federal funding;
       (ii) expectations for regional, State, and private 
     investment;
       (iii) the expected contributions by volunteers to 
     activities for the utilization of such records; and
       (iv) the resources needed to establish or expand education 
     programs in medical and health informatics and health 
     information management to train health care and information 
     technology students and provide a health information 
     technology workforce sufficient to ensure the rapid and 
     effective deployment and utilization of health information 
     technologies.
                                 ______
                                 
  SA 130. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 93, lines 11 through 15, strike ``and not less than 
     $6,000,000,000 shall be available for measures necessary to 
     convert GSA facilities to High-Performance Green Buildings, 
     as defined in section 401 of Public Law 110-140:'' and insert 
     ``of which not less than $6,000,000,000 shall be used for 
     construction, repair, and alteration of Federal buildings for 
     projects that will create the greatest impact on energy 
     efficiency and conservation:''.

                                 ______
                                 
  SA 131. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and

[[Page S1449]]

creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:

     SEC. 1607. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       Notwithstanding any other provision of this division, any 
     funds made available under this division to carry out a 
     program or service under the title I of Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or 
     under the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.) shall be available to provide for the 
     equitable participation in the program or service of children 
     enrolled in private schools in the same manner as such 
     participation is provided under section 1120 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6320) or under the Individuals with Disabilities Education 
     Act, respectively.
                                 ______
                                 
  SA 132. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of part I of subtitle A of title I of division 
     B, insert the following:

     SEC. __. REDUCTION IN 10-PERCENT RATE BRACKET FOR 2009 AND 
                   2010.

       (a) In General.--Paragraph (1) of section 1(i) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(D) Reduced rate for 2009 and 2010.--In the case of any 
     taxable year beginning in 2009 or 2010--
       ``(i) In general.--Subparagraph (A)(i) shall be applied by 
     substituting `5 percent' for `10 percent'.
       ``(ii) Rules for applying certain other provisions.--

       ``(I) Subsection (g)(7)(B)(ii)(II) shall be applied by 
     substituting `5 percent' for `10 percent'.
       ``(II) Section 3402(p)(2) shall be applied by substituting 
     `5 percent' for `10 percent'.''.

       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2008.
       (2) Withholding provisions.--Subclause (II) of section 
     1(i)(1)(D)(ii) of the Internal Revenue Code of 1986, as added 
     by subsection (a), shall apply to amounts paid after the 60th 
     day after the date of the enactment of this Act.
                                 ______
                                 
  SA 133. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of part I of subtitle A of title I of division 
     B, insert the following:

     SEC. __. REDUCTION IN 10-PERCENT AND 15-PERCENT RATE BRACKETS 
                   FOR 2009 AND 2010.

       (a) In General.--Section 1(i) of the Internal Revenue Code 
     of 1986 is amended by redesignating paragraph (3) as 
     paragraph (4) and by inserting after paragraph (2) the 
     following new subparagraph:
       ``(3) Reductions for 2009 and 2010.--In the case of any 
     taxable year beginning in 2009 or 2010--
       ``(A) In general.--Each of the tables under subsections 
     (a), (b), (c), (d), and (e) (as in effect after the 
     application of paragraphs (1) and (2)) shall be applied --
       ``(i) by substituting `5 percent' for `10 percent', and
       ``(ii) by substituting `10 percent' for `15 percent'.
       ``(B) Rules for applying certain other provisions.--
       ``(i) Subsection (g)(7)(B)(ii)(II) shall be applied by 
     substituting `5 percent' for `10 percent'.
       ``(ii) Section 3402(p)(2) shall be applied by substituting 
     `5 percent' for `10 percent'.''.
       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2008.
       (2) Withholding provisions.--Clause (ii) of section 
     1(i)(3)(B) of the Internal Revenue Code of 1986, as added by 
     subsection (a), shall apply to amounts paid after the 60th 
     day after the date of the enactment of this Act.
                                 ______
                                 
  SA 134. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of part I of subtitle A of title I of division 
     B, insert the following:

     SEC. __. ELIMINATION OF TAX ON CAPITAL GAINS AND DIVIDENDS 
                   PAID TO MIDDLE CLASS TAXPAYERS IN 2009 AND 
                   2010.

       (a) In General.--Section 1(h) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     paragraph:
       ``(12) Special rule for 2009 and 2010.--In the case of any 
     taxpayer with an adjusted gross income which does not exceed 
     $75,000 ($150,000 in the case of a joint return) in any 
     taxable year beginning in 2009 or 2010, paragraph (1)(C) 
     shall be applied by substituting `0 percent' for `15 
     percent'.''.
       (b) Alternative Minimum Tax.--Section 55(b) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new paragraph:
       ``(5) Special rule for 2009 and 2010.--In the case of any 
     taxpayer with an adjusted gross income which does not exceed 
     $75,000 ($150,000 in the case of a joint return) in any 
     taxable year beginning in 2009 or 2010, paragraph (3)(C) 
     shall be applied by substituting `0 percent' for `15 
     percent'.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 135. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of part I of subtitle A of title I of division 
     B, insert the following:

     SEC. __. REDUCTION IN 15-PERCENT RATE BRACKET FOR 2009 AND 
                   2010.

       (a) In General.--Section 1(i) of the Internal Revenue Code 
     of 1986 is amended by redesignating paragraph (3) as 
     paragraph (4) and by inserting after paragraph (2) the 
     following new subparagraph:
       ``(3) Reductions for 2009 and 2010.--In the case of any 
     taxable year beginning in 2009 or 2010, each of the tables 
     under subsections (a), (b), (c), (d), and (e) (as in effect 
     after the application of paragraphs (1) and (2)) shall be 
     applied by substituting `10 percent' for `15 percent'.''.
       (b) Effective Dates.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 136. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:

     SEC. ___. RESCISSION OF UNSPENT FUNDS.

       Amounts made available by this Act for fiscal year 2010 
     that remain unobligated after September 30, 2010, are 
     rescinded.
                                 ______
                                 
  SA 137. Mr. REID (for Mr. Kennedy (for himself, Ms. Snowe, Mr. Kerry, 
Ms. Collins, Mr. Reed, Mr. Whitehouse, and Mrs. Shaheen)) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 57, between lines 5 and 6, insert the following:
       Sec. 203. (a)(1) Notwithstanding any existing or proposed 
     regulation and subject to paragraph (2), the Secretary of 
     Commerce--
       (A) shall adopt a final interim rule that will carry out 
     the recommendations described in section 9g of the summary of 
     motions for the meeting of the New England Fishery Management 
     Council held on September 4, 2008, in Providence, Rhode 
     Island; and
       (B) may not implement any provision of the proposed rule 
     published on January 16,

[[Page S1450]]

     2009 (74 Fed. Reg. 2959; relating to the Northeast 
     Multispecies Fishery) that is inconsistent with the 
     recommendations referred to in paragraph (1).
       (2) The final interim rule required by paragraph (1)(A) 
     shall require that if the total allowable catch for any stock 
     described in such section 9g is exceeded during the effective 
     period described in subsection (b), the amount of the excess 
     shall be deducted from the total allowable catch for that 
     stock during the period beginning May 1, 2010 and ending 
     April 30, 2011.
       (b) The final interim rule described in subsection (a) 
     shall be in effect for the period beginning on May 1, 2009 
     and ending on April 30, 2010.
       (c) The Secretary of Commerce shall publish the final 
     interim rule required by subsection (a)(1)(A) in the Federal 
     Register.
                                 ______
                                 
  SA 138. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike subtitle C of title XV of division A, and insert the 
     following:

        Subtitle C--Reports of the Council of Economic Advisers

     SEC. 1541. REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS.

       (a) In General.--In consultation with the Director of the 
     Office of Management and Budget and the Secretary of the 
     Treasury, the Chairperson of the Council of Economic Advisers 
     shall submit to the Committees on Appropriations of the 
     Senate and House of Representatives quarterly reports based 
     on the reports required under section 1551 that detail the 
     impact of programs funded through covered funds on 
     employment, estimated economic growth, and other key economic 
     indicators.
       (b) Submission of Reports.--
       (1) First report.--The first report submitted under 
     subsection (a) shall be submitted not later than 45 days 
     after the end of the first full quarter following the date of 
     enactment of this Act.
       (2) Last report.--The last report required to be submitted 
     under subsection (a) shall apply to the quarter in which the 
     Board terminates under section 1521.

                  Subtitle D--Reports on Use of Funds

     SEC. 1551. REPORTS ON USE OF FUNDS.

       (a) Short Title.--This section may be cited as the ``Jobs 
     Accountability Act''.
       (b) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given 
     under section 551 of title 5, United States Code.
       (2) Recipient.--The term ``recipient''--
       (A) means any entity that receives recovery funds 
     (including recovery funds received through grant, loan, or 
     contract) other than an individual; and
       (B) includes a State that receives recovery funds.
       (3) Recovery funds.--The term ``recovery funds'' means any 
     funds that are made available--
       (A) from appropriations made under this Act; and
       (B) under any other authorities provided under this Act.
       (c) Recipient Reports.--Not later than 10 days after the 
     end of each calendar quarter, each recipient that received 
     recovery funds from an agency shall submit a report to that 
     agency that contains--
       (1) the total amount of recovery funds received from that 
     agency;
       (2) the amount of recovery funds received that were 
     expended or obligated to projects or activities; and
       (3) a detailed list of all projects or activities for which 
     recovery funds were expended or obligated, including--
       (A) the name of the project or activity;
       (B) a description of the project or activity;
       (C) an evaluation of the completion status of the project 
     or activity; and
       (D) an analysis of the number of jobs created and the 
     number of jobs retained by the project or activity.
       (d) Agency Reports.--Not later than 30 days after the end 
     of each calendar quarter, each agency that made recovery 
     funds available to any recipient shall make the information 
     in reports submitted under subsection (c) publicly available 
     by posting the information on a website.
                                 ______
                                 
  SA 139. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORTING BONUSES TO PROTECT TAXPAYERS.

       (a) Reports Required.--Any person that receives emergency 
     economic assistance from any Federal financial entity shall 
     report to such Federal financial agency, all bonuses paid to 
     any officer, director, or other employee of that person, 
     including the name of such officer, director, or employee and 
     the amount of the bonus paid.
       (b) Timing.--The reports required under subsection (a) 
     shall be submitted to the Federal financial entity--
       (1) not later than 30 days after the date of enactment of 
     this Act, in the case of any person receiving emergency 
     economic assistance from the Federal financial entity before 
     the date of enactment of this Act, with respect to all 
     bonuses paid during 2008;
       (2) not later than 30 days after the date on which a person 
     applies for emergency economic assistance from the Federal 
     financial entity on and after the date of enactment of this 
     Act, with respect to all bonuses paid during 2008 and the 
     calendar year during which the application is made; and
       (3) monthly in updated form while any obligation arising 
     from such assistance remains outstanding.
       (c) Transmission to Congress; Public Availability.--Each 
     Federal financial entity that provides emergency economic 
     assistance shall promptly compile and transmit all reports 
     received under this section to Congress, and shall make such 
     reports publicly available via the Internet.
       (d) Definition.--As used in this section, the term 
     ``Federal financial entity'' means--
       (1) the Secretary of the Treasury;
       (2) each member of the Financial Institutions Examination 
     Council established under section 1004 of the Federal 
     Financial Institutions Examination Council Act of 1978 (12 
     U.S.C. 3303); and
       (3) the Federal Housing Finance Agency.
                                 ______
                                 
  SA 140. Mr. FEINGOLD (for himself, Mr. McCain, Mrs. McCaskill, Mr. 
Graham, Mr. Lieberman, Mr. Burr, and Mr. Coburn) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CURTAILING CONGRESSIONAL EARMARKS AND LOBBYING 
                   DISCLOSURE.

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


                        ``congressional earmarks

       ``Sec. 316.  (a) In General.--On a point of order made by 
     any Senator:
       ``(1) No unauthorized appropriation may be included in any 
     general appropriation bill.
       ``(2) No amendment may be received to any general 
     appropriation bill the effect of which will be to add an 
     unauthorized appropriation to the bill.
       ``(3) No unauthorized appropriation may be included in any 
     amendment between the Houses, or any amendment thereto, in 
     relation to a general appropriation bill.
       ``(b) Point of Order New Legislation.--
       ``(1) Senate measure.--If a point of order under subsection 
     (a)(1) against a Senate bill or amendment is sustained--
       ``(A) the unauthorized appropriation shall be struck from 
     the bill or amendment; and
       ``(B) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the bill or amendment shall be made.
       ``(2) House measure.--If a point of order under subsection 
     (a)(1) against an Act of the House of Representatives is 
     sustained when the Senate is not considering an amendment in 
     the nature of a substitute, an amendment to the House bill is 
     deemed to have been adopted that--
       ``(A) strikes unauthorized appropriation from the bill; and
       ``(B) modifies, if necessary, the total amounts 
     appropriated by the bill to reflect the deletion of the 
     matter struck from the bill;
       ``(c) Point of Order Unauthorized Appropriations in 
     Amendment.--If the point of order against an amendment under 
     subsection (a)(2) is sustained, the amendment shall be out of 
     order and may not be considered.
       ``(d) Point of Order Unauthorized Appropriations in 
     Amendment Between the Houses.--
       ``(1) Senate.--If a point of order under subsection (a)(3) 
     against a Senate amendment is sustained--
       ``(A) the unauthorized appropriation shall be struck from 
     the amendment;
       ``(B) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck from 
     the amendment shall be made; and
       ``(C) after all other points of order under this section 
     have been disposed of, the Senate shall proceed to consider 
     the amendment as so modified.
       ``(2) House.--If a point of order under subsection (a)(3) 
     against a House of Representatives amendment is sustained--
       ``(A) an amendment to the House amendment is deemed to have 
     been adopted that--

[[Page S1451]]

       ``(i) strikes the unauthorized appropriation from the House 
     amendment; and
       ``(ii) modifies, if necessary, the total amounts 
     appropriated by the bill to reflect the deletion of the 
     matter struck from the House amendment; and
       ``(B) after all other points of order under this section 
     have been disposed of, the Senate shall proceed to consider 
     the question of whether to concur with further amendment.
       ``(e) Other Points of Order.--The disposition of a point of 
     order made under any other rule of the Senate, that is not 
     sustained, or is waived, does not preclude, or affect, a 
     point of order made under subsection (a) with respect to the 
     same matter.
       ``(f) Supermajority.--A point of order under subsection (a) 
     may be waived only by a motion agreed to by the affirmative 
     vote of three-fifths of the Senators duly chosen and sworn. 
     If an appeal is taken from the ruling of the Presiding 
     Officer with respect to such a point of order, the ruling of 
     the Presiding Officer shall be sustained absent an 
     affirmative vote of three-fifths of the Senators duly chosen 
     and sworn.
       ``(g) Form of Point of Order, Multiple Provisions.--
       ``(1) In general.--Notwithstanding any other rule of the 
     Senate, it shall be in order for a Senator to raise a single 
     point of order that several provisions of a general 
     appropriation bill or an amendment between the Houses on a 
     general appropriation bill violate subsection (a). The 
     Presiding Officer may sustain the point of order as to some 
     or all of the provisions against which the Senator raised the 
     point of order.
       ``(2) Sustained point of order.--If the Presiding Officer 
     sustains the point of order under paragraph (1) as to some or 
     all of the provisions against which the Senator raised the 
     point of order, then only those provisions against which the 
     Presiding Officer sustains the point of order shall be deemed 
     stricken pursuant to this paragraph.
       ``(3) Motion to waive.--Before the Presiding Officer rules 
     on such a point of order, any Senator may move to waive such 
     a point of order, in accordance with subsection (f), as it 
     applies to some or all of the provisions against which the 
     point of order was raised. Such a motion to waive is 
     amendable in accordance with the rules and precedents of the 
     Senate.
       ``(4) Appeal.--After the Presiding Officer rules on such a 
     point of order, any Senator may appeal the ruling of the 
     Presiding Officer on such a point of order as it applies to 
     some or all of the provisions on which the Presiding Officer 
     ruled.
       ``(h) Definition.--For purposes of this section, the term 
     `unauthorized appropriation' means a `congressionally 
     directed spending item' as defined in rule XLIV of the 
     Standing Rule of the Senator--
       ``(1) that is not specifically authorized by law or Treaty 
     stipulation (unless the appropriation has been specifically 
     authorized by an Act or resolution previously passed by the 
     Senate during the same session or proposed in pursuance of an 
     estimate submitted in accordance with law); or
       ``(2) the amount of which exceeds the amount specifically 
     authorized by law or Treaty stipulation (or specifically 
     authorized by an Act or resolution previously passed by the 
     Senate during the same session or proposed in pursuance of an 
     estimate submitted in accordance with law) to be 
     appropriated.
       ``(i) Conference Reports.--
       ``(1) In general.--On a point of order made by any Senator, 
     no unauthorized appropriation may be included in any 
     conference report on a general appropriation bill.
       ``(2) Point of order sustained.--If the point of order 
     against a conference report under paragraph (1) is 
     sustained--
       ``(A) the unauthorized appropriation in such conference 
     report shall be deemed to have been struck;
       ``(B) any modification of total amounts appropriated 
     necessary to reflect the deletion of the matter struck shall 
     be deemed to have been made;
       ``(C) when all other points of order under this subsection 
     have been disposed of--
       ``(i) the Senate shall proceed to consider the question of 
     whether the Senate should recede from its amendment to the 
     House bill, or its disagreement to the amendment of the 
     House, and concur with a further amendment, which further 
     amendment shall consist of only that portion of the 
     conference report not deemed to have been struck (together 
     with any modification of total amounts appropriated);
       ``(ii) the question shall be debatable; and
       ``(iii) no further amendment shall be in order; and
       ``(D) if the Senate agrees to the amendment, then the bill 
     and the Senate amendment thereto shall be returned to the 
     House for its concurrence in the amendment of the Senate.
       ``(3) Further points of order.--The disposition of a point 
     of order made under any other provision of this section, or 
     under any other Standing Rule of the Senate, that is not 
     sustained, or is waived, does not preclude, or affect, a 
     point of order made under paragraph (1) with respect to the 
     same matter.
       ``(4) Supermajority.--A point of order under paragraph (1) 
     may be waived only by a motion agreed to by the affirmative 
     vote of three-fifths of the Senators duly chosen and sworn. 
     If an appeal is taken from the ruling of the Presiding 
     Officer with respect to such a point of order, the ruling of 
     the Presiding Officer shall be sustained absent an 
     affirmative vote of three-fifths of the Senators duly chosen 
     and sworn.
       ``(5) Single point of order.--Notwithstanding any other 
     rule of the Senate, it shall be in order for a Senator to 
     raise a single point of order that several provisions of a 
     conference report on a general appropriation bill violate 
     paragraph (1). The Presiding Officer may sustain the point of 
     order as to some or all of the provisions against which the 
     Senator raised the point of order. If the Presiding Officer 
     so sustains the point of order as to some or all of the 
     provisions against which the Senator raised the point of 
     order, then only those provisions against which the Presiding 
     Officer sustains the point of order shall be deemed stricken 
     pursuant to this subsection. Before the Presiding Officer 
     rules on such a point of order, any Senator may move to waive 
     such a point of order, in accordance with paragraph (4), as 
     it applies to some or all of the provisions against which the 
     point of order was raised. Such a motion to waive is 
     amendable in accordance with the rules and precedents of the 
     Senate. After the Presiding Officer rules on such a point of 
     order, any Senator may appeal the ruling of the Presiding 
     Officer on such a point of order as it applies to some or all 
     of the provisions on which the Presiding Officer ruled.''.
       (b) Lobbying on Behalf of Recipients of Federal Funds.--The 
     Lobbying Disclosure Act of 1995 is amended by adding after 
     section 5 the following:

     ``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.

       ``(a) In General.--A recipient of Federal funds shall file 
     a report as required by section 5(a) containing--
       ``(1) the name of any lobbyist registered under this Act to 
     whom the recipient paid money to lobby on behalf of the 
     Federal funding received by the recipient; and
       ``(2) the amount of money paid as described in paragraph 
     (1).
       ``(b) Definition.--In this section, the term `recipient of 
     Federal funds' means the recipient of Federal funds 
     constituting an award, grant, or loan.''.
                                 ______
                                 
  SA 141. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RESCISSION OF UNSPENT FUNDS.

       Amounts made available by this Act for fiscal year 2009 
     that remain unobligated after September 30, 2010 are 
     rescinded.
                                 ______
                                 
  SA 142. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 223, beginning on line 19, strike ``$180,500,000'' 
     and all that follows through ``facility in the United 
     States'' on line 23 and insert ``$105,500,000, to remain 
     available until September 30, 2010, of which up to 
     $45,000,000 shall be available for passport and visa 
     facilities and systems''.

                                 ______
                                 
  SA 143. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:

     SEC. 1607. BIPARTISAN SUPPORT FOR THE PLAN BY THE PRESIDENT 
                   TO CHANGE THE WASTEFUL SPENDING HABITS OF THE 
                   FEDERAL GOVERNMENT.

       (a) Findings.--Congress finds the following:
       (1) The national debt now exceeds $10,600,000,000,000.
       (2) The share of each United States citizen of the national 
     debt is more than $34,800.
       (3) Each cent that the United States Government borrows and 
     adds to such debt is money stolen from future generations of 
     United States citizens and from senior citizens who depend on 
     Social Security.
       (4) Congress has repeatedly demonstrated its inability to 
     prioritize spending.
       (5) In the first month of 2009, the Senate authorized 
     nearly $50,000,000,000 in new Government spending.

[[Page S1452]]

       (6) 59 percent of people in the United States worry that 
     Congress and President Barack Obama will increase spending 
     too much, according to a poll conducted by Rasmussen Reports 
     on January 21 and 22, 2009.
       (7) As a candidate, President Obama pledged to restore 
     fiscal discipline to Washington.
       (8) As part of the ``Plan for Restoring Fiscal Discipline'' 
     by President Obama, the President pledged to ``require new 
     spending commitments or tax changes to be paid for by cuts to 
     other programs or new revenue''.
       (9) This Act contains tax changes that would reduce Federal 
     revenue by $252,500,000,000 and increase spending by 
     $632,000,000,000, without any corresponding new revenue or 
     spending cuts.
       (10) The ``Plan for Restoring Fiscal Discipline'' by 
     President Obama vowed an ``end to wasteful government 
     spending''.
       (11) This Act spends billions of dollars on programs that 
     are riddled with significant amounts of waste, fraud, abuse, 
     and mismanagement.
       (12) The ``Plan for Restoring Fiscal Discipline'' by 
     President Obama promised to ``cut pork barrel spending''.
       (13) This Act contains a number of congressional earmarks, 
     including the most expensive ``pork'' project in history, 
     $2,000,000,000 for a near-zero emissions power plant for 
     FutureGen Industrial Alliance.
       (14) To limit the abuse of no-bid Federal contracts, the 
     ``Plan for Restoring Fiscal Discipline'' by President Obama 
     pledged ``that federal contracts over $25,000'' will be 
     awarded by competitive bidding.
       (15) This Act steers billions of dollars to pre-selected 
     entities that will not have to compete for such Federal 
     contracts.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) because the power of the purse belongs to Congress, it 
     is irresponsible for Congress to increase spending without 
     first reducing lower-priority spending elsewhere within the 
     Federal budget; and
       (2) in the spirit of bipartisanship and common sense, 
     Congress should adopt those aspects of the ``Plan for 
     Restoring Fiscal Discipline'' by President Barack Obama that 
     require that all new spending be paid for with reductions in 
     lower-priority spending elsewhere within the Government.
                                 ______
                                 
  SA 144. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 115, between lines 17 and 18, insert the following:


                       limitation on use of funds

        Notwithstanding any other provision of this Act, none of 
     the funds made available under this heading shall be expended 
     unless the expenditure of funds directly reduces the deferred 
     maintenance backlog of the National Park Service, as 
     determined by the Secretary of the Interior.
                                 ______
                                 
  SA 145. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

         On page 263, between lines 10 and 11, insert the 
     following:


           general provisions--hope for homeowners amendments

         Sec. 1201.  Section 257 of the National Housing Act (12 
     U.S.C. 1715z-23), as amended by the Emergency Economic 
     Stabilization Act of 2008 (Public Law 110-343), is amended--
         (1) in subsection (e)(1)(B), by inserting after ``being 
     reset,'' the following: ``or has, due to a decrease in 
     income,'';
         (2) in subsection (k)(2), by striking ``and the 
     mortgagor'' and all that follows through the end and 
     inserting ``shall, upon any sale or disposition of the 
     property to which the mortgage relates, be entitled to 25 
     percent of appreciation, up to the appraised value of the 
     home at the time when the mortgage being refinanced under 
     this section was originally made. The Secretary may share any 
     amounts received under this paragraph with the holder of the 
     eligible mortgage refinanced under this section.'';
         (3) in subsection (i)--
         (A) by inserting ``, after weighing maximization of 
     participation with consideration for the solvency of the 
     program,'' after ``Secretary shall'';
         (B) in paragraph (1), by striking ``equal to 3 percent'' 
     and inserting ``not more than 2 percent''; and
         (C) in paragraph (2), by striking ``equal to 1.5 
     percent'' and inserting ``not more than 1 percent''; and
         (4) by adding at the end the following:
         ``(x) Auctions.--The Board shall, if feasible, establish 
     a structure and organize procedures for an auction to 
     refinance eligible mortgages on a wholesale or bulk basis.
         ``(y) Compensation of Servicers.--To provide incentive 
     for participation in the program under this section, each 
     servicer of an eligible mortgage insured under this section 
     shall be paid $1,000 for performing services associated with 
     refinancing such mortgage, or such other amount as the Board 
     determines is warranted. Funding for such compensation shall 
     be provided by funds realized through the HOPE bond under 
     subsection (w).''.
         At the end of division B, add the following:
                    TITLE VI--FORECLOSURE PREVENTION

     SEC. 6001. MANDATORY LOAN MODIFICATIONS.

         Section 109(a) of the Emergency Economic Stabilization 
     Act of 2008 (12 U.S.C. 5219) is amended--
         (1) by striking the last sentence;
         (2) by striking ``To the extent'' and inserting the 
     following:
         ``(1) In general.--To the extent''; and
         (3) by adding at the end the following:
         ``(2) Loan modifications required.--
         ``(A) In general.--In addition to actions required under 
     paragraph (1), the Secretary shall, not later than 15 days 
     after the date of enactment of this paragraph, develop and 
     implement a plan to facilitate loan modifications to prevent 
     avoidable mortgage loan foreclosures.
         ``(B) Funding.--Of amounts made available under section 
     115 and not otherwise obligated, not less than 
     $50,000,000,000, shall be made available to the Secretary for 
     purposes of carrying out the mortgage loan modification plan 
     required to be developed and implemented under this 
     paragraph.
         ``(C) Criteria.--The loan modification plan required by 
     this paragraph may incorporate the use of--
         ``(i) loan guarantees and credit enhancements;
         ``(ii) the reduction of loan principal amounts and 
     interest rates;
         ``(iii) extension of mortgage loan terms; and
         ``(iv) any other similar mechanisms or combinations 
     thereof, as determined appropriate by the Secretary.
         ``(D) Designation authority.--
         ``(i) FDIC.--The Secretary may designate the Corporation, 
     on a reimbursable basis, to carry out the loan modification 
     plan developed under this paragraph.
         ``(ii) Contracting authority.--If designated under clause 
     (i), the Corporation may use its contracting authority under 
     section 9 of the Federal Deposit Insurance Act.
         ``(E) Consultation required.--In developing the loan 
     modification plan under this paragraph, the Secretary shall 
     consult with the Chairperson of the Board of Directors of the 
     Corporation, the Board, and the Secretary of Housing and 
     Urban Development.
         ``(F) Reports to congress.--The Secretary shall provide 
     to the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Committee on Financial Services of the 
     House of Representatives--
         ``(i) upon development of the plan required by this 
     paragraph, a report describing such plan; and
         ``(ii) a monthly report on the number and types of loan 
     modifications occurring during the reporting period, and the 
     performance of the loan modification plan overall.''.
                                 ______
                                 
  SA 146. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:
       At the end of division A, add the following:

           TITLE XVII--POSTAL SERVICE RETIREE HEALTH BENEFITS

     SEC. 1701. POSTAL SERVICE RETIREE HEALTH BENEFITS.

       (a) In General.--Section 8906(g)(2)(A) of title 5, United 
     States Code, is amended by striking ``shall through September 
     30, 2016, be paid by the United States Postal Service, and 
     thereafter shall be paid first from the Postal Service 
     Retiree Health Benefits Fund up to the amount contained in 
     the Fund, with any remaining amount paid by the United States 
     Postal Service.'' and inserting ``shall through September 30, 
     2008, be paid by the United States Postal Service, shall 
     through September 30, 2010, be paid from the Postal Service 
     Retiree Health Benefits Fund, shall through September 30, 
     2016, be paid by the United States Postal Service, and 
     thereafter shall be paid first from the Postal Service 
     Retiree Health Benefits Fund up to the amount contained in 
     the Fund, with any remaining amount paid by the United States 
     Postal Service.''.
       (b) Monthly Reporting to Postal Oversight Committees.--
       (1) In general.--The United States Postal Service shall 
     submit a monthly report summarizing its financial condition 
     and outlook to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives. Each report under this subsection shall 
     provide sufficiently detailed data and narrative

[[Page S1453]]

     information for the committees to understand the Postal 
     Service's current and projected financial condition, 
     including how its financial outlook and budget targets for 
     the fiscal year has changed since the previous report, and 
     the Postal Service's progress toward achieving its budget 
     targets for the current fiscal year.
       (2) Submission dates.--Monthly reports under this 
     subsection shall be submitted within 30 days after the end of 
     each month, for each fiscal year in which retiree health 
     benefit premiums are paid by the Postal Service Retiree 
     Health Benefits Fund.
                                 ______
                                 
  SA 147. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE RELATING TO THE USE OF CERTAIN 
                   EXCESS FEDERAL FUNDING FOR TAX REBATES.

       It is the sense of the Senate that any Federal funds 
     provided to States under this Act in excess of the amount 
     needed to balance a State's budget should be used to provide 
     a tax rebate to citizens of the State.
                                 ______
                                 
  SA 148. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. ELIGIBILITY FOR CDBG FUNDS.

       Notwithstanding any other provision of law or this Act, any 
     unit of general local government that was eligible for 
     community development block grant assistance under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.) as of January 1, 2009, shall remain eligible 
     for any such additional community development block grant 
     assistance made available under this Act or any other Act for 
     fiscal year 2009.
                                 ______
                                 
  SA 149. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 604, between lines 10 and 11, insert the following:
       (D) Increased flexibility.--Notwithstanding any COBRA 
     continuation provision, an assistance eligible individual 
     may, not later than 30 days after the date on which the 
     individual makes the election under paragraph (3), elect to 
     enroll in any health insurance coverage offered by the 
     employer (or employee organization) involved, in any health 
     insurance coverage offered in the individual market in the 
     State involved, in a high deductible plan, or in coverage 
     offered through a high risk pool administered by the State 
     involved, and such coverage (or plan) shall be treated as 
     COBRA continuation coverage for purposes of the applicable 
     COBRA continuation coverage provision and this section.
                                 ______
                                 
  SA 150. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, after line 8, insert the following:

     SEC. --. PROHIBITION ON CONSIDERATION OF REVENUE PROVISIONS 
                   WITHOUT CERTIFICATION OF TAX BURDEN EFFECTS.

       (a) In General.--It shall not be in order to consider a 
     bill, resolution, amendment, or conference report that 
     proposes any provision amending the Internal Revenue Code of 
     1986 or affecting the application of such Code unless the 
     Joint Committee on Taxation provides a written certification 
     that such provision does not increase the net yearly tax 
     burden for any family whose taxable income for any taxable 
     year to which such provision applies is less than $250,000.
       (b) Supermajority Waiver and Appeal.--
       (1) Waiver.--A point of order raised under subsection (a) 
     may be waived or suspended in the Senate only by an 
     affirmative vote of two-thirds of the Members, duly chosen 
     and sworn.
       (2) Appeal.--An affirmative vote of two-thirds of the 
     Members of the Senate, duly chosen and sworn, shall be 
     required in the Senate to sustain an appeal of the ruling of 
     the Chair on a point of order raised under subsection (a).
       (c) Definition.--For purposes of this section, the term 
     ``family'' means a married couple filing jointly or an 
     individual filing as a head of household.
                                 ______
                                 
  SA 151. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, after line 8, insert the following:

     SEC. --. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF 
                   DETERMINING GAIN OR LOSS.

       (a) In General.--Part II of subchapter O of chapter 1 is 
     amended by redesignating section 1023 as section 1024 and by 
     inserting after section 1022 the following new section:

     ``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF 
                   DETERMINING GAIN OR LOSS.

       ``(a) General Rule.--
       ``(1) Indexed basis substituted for adjusted basis.--Solely 
     for purposes of determining gain or loss on the sale or other 
     disposition by a taxpayer (other than a corporation) of an 
     indexed asset which has been held for more than 3 years, the 
     indexed basis of the asset shall be substituted for its 
     adjusted basis.
       ``(2) Exception for depreciation, etc.--The deductions for 
     depreciation, depletion, and amortization shall be determined 
     without regard to the application of paragraph (1) to the 
     taxpayer or any other person.
       ``(3) Written documentation requirement.--Paragraph (1) 
     shall apply only with respect to indexed assets for which the 
     taxpayer has written documentation of the original purchase 
     price paid or incurred by the taxpayer to acquire such asset.
       ``(b) Indexed Asset.--
       ``(1) In general.--For purposes of this section, the term 
     `indexed asset' means--
       ``(A) common stock in a C corporation (other than a foreign 
     corporation), or
       ``(B) tangible property,
     which is a capital asset or property used in the trade or 
     business (as defined in section 1231(b)).
       ``(2) Stock in certain foreign corporations included.--For 
     purposes of this section--
       ``(A) In general.--The term `indexed asset' includes common 
     stock in a foreign corporation which is regularly traded on 
     an established securities market.
       ``(B) Exception.--Subparagraph (A) shall not apply to--
       ``(i) stock of a foreign investment company,
       ``(ii) stock in a passive foreign investment company (as 
     defined in section 1296),
       ``(iii) stock in a foreign corporation held by a United 
     States person who meets the requirements of section 
     1248(a)(2), and
       ``(iv) stock in a foreign personal holding company.
       ``(C) Treatment of american depository receipts.--An 
     American depository receipt for common stock in a foreign 
     corporation shall be treated as common stock in such 
     corporation.
       ``(c) Indexed Basis.--For purposes of this section--
       ``(1) General rule.--The indexed basis for any asset is--
       ``(A) the adjusted basis of the asset, increased by
       ``(B) the applicable inflation adjustment.
       ``(2) Applicable inflation adjustment.--The applicable 
     inflation adjustment for any asset is an amount equal to--
       ``(A) the adjusted basis of the asset, multiplied by
       ``(B) the percentage (if any) by which--
       ``(i) the gross domestic product deflator for the last 
     calendar quarter ending before the asset is disposed of, 
     exceeds
       ``(ii) the gross domestic product deflator for the last 
     calendar quarter ending before the asset was acquired by the 
     taxpayer.
     The percentage under subparagraph (B) shall be rounded to the 
     nearest \1/10\ of 1 percentage point.
       ``(3) Gross domestic product deflator.--The gross domestic 
     product deflator for any calendar quarter is the implicit 
     price deflator for the gross domestic product for such 
     quarter (as shown in the last revision thereof released by 
     the Secretary of Commerce before the close of the following 
     calendar quarter).
       ``(d) Suspension of Holding Period Where Diminished Risk of 
     Loss; Treatment of Short Sales.--
       ``(1) In general.--If the taxpayer (or a related person) 
     enters into any transaction which substantially reduces the 
     risk of loss from holding any asset, such asset shall not

[[Page S1454]]

     be treated as an indexed asset for the period of such reduced 
     risk.
       ``(2) Short sales.--
       ``(A) In general.--In the case of a short sale of an 
     indexed asset with a short sale period in excess of 3 years, 
     for purposes of this title, the amount realized shall be an 
     amount equal to the amount realized (determined without 
     regard to this paragraph) increased by the applicable 
     inflation adjustment. In applying subsection (c)(2) for 
     purposes of the preceding sentence, the date on which the 
     property is sold short shall be treated as the date of 
     acquisition and the closing date for the sale shall be 
     treated as the date of disposition.
       ``(B) Short sale period.--For purposes of subparagraph (A), 
     the short sale period begins on the day that the property is 
     sold and ends on the closing date for the sale.
       ``(e) Treatment of Regulated Investment Companies and Real 
     Estate Investment Trusts.--
       ``(1) Adjustments at entity level.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the adjustment under subsection (a) shall be 
     allowed to any qualified investment entity (including for 
     purposes of determining the earnings and profits of such 
     entity).
       ``(B) Exception for corporate shareholders.--Under 
     regulations--
       ``(i) in the case of a distribution by a qualified 
     investment entity (directly or indirectly) to a corporation--

       ``(I) the determination of whether such distribution is a 
     dividend shall be made without regard to this section, and
       ``(II) the amount treated as gain by reason of the receipt 
     of any capital gain dividend shall be increased by the 
     percentage by which the entity's net capital gain for the 
     taxable year (determined without regard to this section) 
     exceeds the entity's net capital gain for such year 
     determined with regard to this section, and

       ``(ii) there shall be other appropriate adjustments 
     (including deemed distributions) so as to ensure that the 
     benefits of this section are not allowed (directly or 
     indirectly) to corporate shareholders of qualified investment 
     entities.

     For purposes of the preceding sentence, any amount includible 
     in gross income under section 852(b)(3)(D) shall be treated 
     as a capital gain dividend and an S corporation shall not be 
     treated as a corporation.
       ``(C) Exception for qualification purposes.--This section 
     shall not apply for purposes of sections 851(b) and 856(c).
       ``(D) Exception for certain taxes imposed at entity 
     level.--
       ``(i) Tax on failure to distribute entire gain.--If any 
     amount is subject to tax under section 852(b)(3)(A) for any 
     taxable year, the amount on which tax is imposed under such 
     section shall be increased by the percentage determined under 
     subparagraph (B)(i)(II). A similar rule shall apply in the 
     case of any amount subject to tax under paragraph (2) or (3) 
     of section 857(b) to the extent attributable to the excess of 
     the net capital gain over the deduction for dividends paid 
     determined with reference to capital gain dividends only. The 
     first sentence of this clause shall not apply to so much of 
     the amount subject to tax under section 852(b)(3)(A) as is 
     designated by the company under section 852(b)(3)(D).
       ``(ii) Other taxes.--This section shall not apply for 
     purposes of determining the amount of any tax imposed by 
     paragraph (4), (5), or (6) of section 857(b).
       ``(2) Adjustments to interests held in entity.--
       ``(A) Regulated investment companies.--Stock in a regulated 
     investment company (within the meaning of section 851) shall 
     be an indexed asset for any calendar quarter in the same 
     ratio as--
       ``(i) the average of the fair market values of the indexed 
     assets held by such company at the close of each month during 
     such quarter, bears to
       ``(ii) the average of the fair market values of all assets 
     held by such company at the close of each such month.
       ``(B) Real estate investment trusts.--Stock in a real 
     estate investment trust (within the meaning of section 856) 
     shall be an indexed asset for any calendar quarter in the 
     same ratio as--
       ``(i) the fair market value of the indexed assets held by 
     such trust at the close of such quarter, bears to
       ``(ii) the fair market value of all assets held by such 
     trust at the close of such quarter.
       ``(C) Ratio of 80 percent or more.--If the ratio for any 
     calendar quarter determined under subparagraph (A) or (B) 
     would (but for this subparagraph) be 80 percent or more, such 
     ratio for such quarter shall be 100 percent.
       ``(D) Ratio of 20 percent or less.--If the ratio for any 
     calendar quarter determined under subparagraph (A) or (B) 
     would (but for this subparagraph) be 20 percent or less, such 
     ratio for such quarter shall be zero.
       ``(E) Look-thru of partnerships.--For purposes of this 
     paragraph, a qualified investment entity which holds a 
     partnership interest shall be treated (in lieu of holding a 
     partnership interest) as holding its proportionate share of 
     the assets held by the partnership.
       ``(3) Treatment of return of capital distributions.--Except 
     as otherwise provided by the Secretary, a distribution with 
     respect to stock in a qualified investment entity which is 
     not a dividend and which results in a reduction in the 
     adjusted basis of such stock shall be treated as allocable to 
     stock acquired by the taxpayer in the order in which such 
     stock was acquired.
       ``(4) Qualified investment entity.--For purposes of this 
     subsection, the term `qualified investment entity' means--
       ``(A) a regulated investment company (within the meaning of 
     section 851), and
       ``(B) a real estate investment trust (within the meaning of 
     section 856).
       ``(f) Other Pass-Thru Entities.--
       ``(1) Partnerships.--
       ``(A) In general.--In the case of a partnership, the 
     adjustment made under subsection (a) at the partnership level 
     shall be passed through to the partners.
       ``(B) Special rule in the case of section 754 elections.--
     In the case of a transfer of an interest in a partnership 
     with respect to which the election provided in section 754 is 
     in effect--
       ``(i) the adjustment under section 743(b)(1) shall, with 
     respect to the transferor partner, be treated as a sale of 
     the partnership assets for purposes of applying this section, 
     and
       ``(ii) with respect to the transferee partner, the 
     partnership's holding period for purposes of this section in 
     such assets shall be treated as beginning on the date of such 
     adjustment.
       ``(2) S corporations.--In the case of an S corporation, the 
     adjustment made under subsection (a) at the corporate level 
     shall be passed through to the shareholders. This section 
     shall not apply for purposes of determining the amount of any 
     tax imposed by section 1374 or 1375.
       ``(3) Common trust funds.--In the case of a common trust 
     fund, the adjustment made under subsection (a) at the trust 
     level shall be passed through to the participants.
       ``(4) Indexing adjustment disregarded in determining loss 
     on sale of interest in entity.--Notwithstanding the preceding 
     provisions of this subsection, for purposes of determining 
     the amount of any loss on a sale or exchange of an interest 
     in a partnership, S corporation, or common trust fund, the 
     adjustment made under subsection (a) shall not be taken into 
     account in determining the adjusted basis of such interest.
       ``(g) Dispositions Between Related Persons.--
       ``(1) In general.--This section shall not apply to any sale 
     or other disposition of property between related persons 
     except to the extent that the basis of such property in the 
     hands of the transferee is a substituted basis.
       ``(2) Related persons defined.--For purposes of this 
     section, the term `related persons' means--
       ``(A) persons bearing a relationship set forth in section 
     267(b), and
       ``(B) persons treated as single employer under subsection 
     (b) or (c) of section 414.
       ``(h) Transfers To Increase Indexing Adjustment.--If any 
     person transfers cash, debt, or any other property to another 
     person and the principal purpose of such transfer is to 
     secure or increase an adjustment under subsection (a), the 
     Secretary may disallow part or all of such adjustment or 
     increase.
       ``(i) Special Rules.--For purposes of this section--
       ``(1) Treatment of improvements, etc.--If there is an 
     addition to the adjusted basis of any tangible property or of 
     any stock in a corporation during the taxable year by reason 
     of an improvement to such property or a contribution to 
     capital of such corporation--
       ``(A) such addition shall never be taken into account under 
     subsection (c)(1)(A) if the aggregate amount thereof during 
     the taxable year with respect to such property or stock is 
     less than $1,000, and
       ``(B) such addition shall be treated as a separate asset 
     acquired at the close of such taxable year if the aggregate 
     amount thereof during the taxable year with respect to such 
     property or stock is $1,000 or more.

     A rule similar to the rule of the preceding sentence shall 
     apply to any other portion of an asset to the extent that 
     separate treatment of such portion is appropriate to carry 
     out the purposes of this section.
       ``(2) Assets which are not indexed assets throughout 
     holding period.--The applicable inflation adjustment shall be 
     appropriately reduced for periods during which the asset was 
     not an indexed asset.
       ``(3) Treatment of certain distributions.--A distribution 
     with respect to stock in a corporation which is not a 
     dividend shall be treated as a disposition.
       ``(4) Section cannot increase ordinary loss.--To the extent 
     that (but for this paragraph) this section would create or 
     increase a net ordinary loss to which section 1231(a)(2) 
     applies or an ordinary loss to which any other provision of 
     this title applies, such provision shall not apply. The 
     taxpayer shall be treated as having a long-term capital loss 
     in an amount equal to the amount of the ordinary loss to 
     which the preceding sentence applies.
       ``(5) Acquisition date where there has been prior 
     application of subsection (a)(1) with respect to the 
     taxpayer.--If there has been a prior application of 
     subsection (a)(1) to an asset while such asset was held by 
     the taxpayer, the date of acquisition of such asset by the 
     taxpayer shall be treated as not earlier than the date of the 
     most recent such prior application.
       ``(j) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.

[[Page S1455]]

       (b) Clerical Amendment.--The table of sections for part II 
     of subchapter O of chapter 1 is amended by striking the item 
     relating to section 1023 and by inserting after the item 
     relating to section 1022 the following new item:

``Sec. 1022. Indexing of certain assets for purposes of determining 
              gain or loss.
``Sec. 1023. Cross references.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to indexed assets acquired by the taxpayer after 
     December 31, 2008, in taxable years ending after such date.
                                 ______
                                 
  SA 152. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 451, after line 22, add the following:

     SEC. ___. REPEAL OF SUNSETS FOR 2001 AND 2003 TAX RELIEF 
                   PROVISIONS.

       (a) Economic Growth and Tax Relief Reconciliation Act of 
     2001.--The Economic Growth and Tax Relief Reconciliation Act 
     of 2001 is amended by striking title IX.
       (b) Jobs and Growth Tax Relief Reconciliation Act of 
     2003.--The Jobs and Growth Tax Relief Reconciliation Act of 
     2003 is amended by striking section 303.
                                 ______
                                 
  SA 153. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 477, strike line 18 and insert the following:
       (d) 100 Percent Expensing for Property Acquired in 2009.--
     Section 168(k) is amended by adding at the end the following 
     new paragraph:
       ``(5) Expensing of property acquired in 2009.--
       ``(A) In general.--The cost of any qualified expensing 
     property shall be treated as an expense which is not 
     chargeable to a capital account and shall be allowed as a 
     deduction in the taxable year in which such property is 
     placed in service.
       ``(B) Qualified expensing property.--For purposes of this 
     paragraph, the term `qualified expensing property' means 
     qualified property, as defined in paragraph (2), determined 
     by substituting `December 31, 2008' for `December 31, 2007' 
     each place it appears therein.''.
       (e) Effective Dates.--
                                 ______
                                 
  SA 154. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 450, after line 18, strike the quotation marks and 
     the last period and insert the following:
       ``(8) Application to elementary and secondary expenses.--In 
     applying this section with respect to the Hope Scholarship 
     Credit--
       ``(A) term `qualified tuition and related expenses' shall 
     include expenses for tuition incurred in connection with the 
     enrollment or attendance of the taxpayer, the taxpayer's 
     spouse, or any dependent of the taxpayer with respect to whom 
     the taxpayer is allowed a deduction under section 151, as an 
     elementary or secondary school student at a public, private 
     or religious school (within the meaning of section 
     530(b)(3)), and
       ``(B) in the case of an individual who is enrolled in a 
     public, private, or religious school (within the meaning of 
     section 530(b)(3)), subsection (b)(1) shall be applied 
     without regard to whether such individual is an eligible 
     student and subsection (b)(2)(B) shall not apply.''.
                                 ______
                                 
  SA 155. Ms. KLOBUCHAR (for herself and Mr. Udall of Colorado) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 456, after line 24, insert the following:

     SEC. 1104. RENEWABLE ELECTRICITY INTEGRATION CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 45R. RENEWABLE ELECTRICITY INTEGRATION CREDIT.

       ``(a) General Rule.--For purposes of section 38, the 
     renewable electricity integration credit for any taxable year 
     is an amount equal to the product of--
       ``(1) the intermittent renewable portfolio factor of an 
     eligible taxpayer, multiplied by
       ``(2) the number of kilowatt hours of renewable electricity 
     purchased or produced by such taxpayer and sold by such 
     taxpayer to an unrelated person during the taxable year.
       ``(b) Intermittent Renewable Portfolio Factor.--The 
     intermittent renewable portfolio factor for an eligible 
     taxpayer shall be determined as follows:

``In the case of an eligible taxpayer whose intermittent renewable 
  electricity percentageThe intermittent renewable portfolio factor is:
  less than 4 percent...........................................0 cents
  at least 4 percent but less than 12 percent................0.10 cents
  at least 12 percent but less than 19 percent...............0.30 cents
  at least 19 percent........................................0.50 cents
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible taxpayer.--The term `eligible taxpayer' 
     means an electric utility company (as defined in section 
     1262(5) of the Public Utility Holding Company Act of 2005).
       ``(2) Renewable electricity.--The term `renewable 
     electricity' means electricity generated by--
       ``(A) a facility using wind to produce such electricity, 
     and
       ``(B) a facility using solar energy to generate such 
     electricity.
       ``(3) Intermittent renewable electricity percentage.--The 
     term `intermittent renewable electricity percentage' means 
     the percentage of an electric utility's total sales to native 
     load customers that is derived from renewable electricity, 
     whether purchased or produced by the taxpayer.''.
       (b) Credit Made Part of General Business Credit.--
     Subsection (b) of section 38 is amended--
       (1) by striking ``plus'' at the end of paragraph (34),
       (2) by striking the period at the end of paragraph (35) and 
     inserting ``, plus'', and
       (3) by adding at the end the following new paragraph:
       ``(36) the renewable electricity integration credit 
     determined under section 45R(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following new item:

Sec. 45R. Renewable electricity integration credit.

       (d) Effective Date.--The amendments made by this section 
     shall apply to electricity produced or purchased after 
     December 31, 2008.
                                 ______
                                 
  SA 156. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 123, line 9, insert ``(and an additional amount of 
     $25,000,000)'' before ``, which''.
       On page 124, line 24, strike ``and''.
       On page 125, strike line 7 and insert the following:

     sequential service strategy; and
       (7) $25,000,000 for programs of veterans' workforce 
     investment activities under section 168 of WIA:
                                 ______
                                 
  SA 157. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to

[[Page S1456]]

the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 123, strike lines 15 and 16 and insert the 
     following:

     134(e)(2) and (3) of the WIA, and for the programs of 
     veterans' workforce investment activities carried out under 
     section 168 of the WIA: Provided, That not less than 
     $25,000,000 of the funds made available under this paragraph 
     shall be used for such programs under section 168 of the WIA: 
     Provided further, That a priority use of the remaining funds 
     made available under this paragraph shall be services to 
     individ-
                                 ______
                                 
  SA 158. Mr. MARTINEZ (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:

     SEC. 1607. TEMPORARY EXTENSION OF LOAN LIMIT INCREASE.

       (a) Fannie Mae and Freddie Mac.--Section 201(a) of the 
     Economic Stimulus Act of 2008 (Public Law 110-185, 122 Stat. 
     619) is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2010''.
       (b) FHA Loans.--Section 202(a) of the Economic Stimulus Act 
     of 2008 (Public Law 110-185, 122 Stat. 620) is amended by 
     striking ``December 31, 2008'' and inserting ``December 31, 
     2010''.
                                 ______
                                 
  SA 159. Mr. MARTINEZ submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of division B, add the following:

                    TITLE VI--FORECLOSURE MITIGATION

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Keep Families in Their 
     Homes Act of 2009''.

     SEC. 6002. DEFINITIONS.

       For purposes of this title--
       (1) the term ``securitized mortgages'' means residential 
     mortgages that have been pooled by a securitization vehicle;
       (2) the term ``securitization vehicle'' means a trust, 
     corporation, partnership, limited liability entity, special 
     purpose entity, or other structure that--
       (A) is the issuer, or is created by the issuer, of mortgage 
     pass-through certificates, participation certificates, 
     mortgage-backed securities, or other similar securities 
     backed by a pool of assets that includes residential mortgage 
     loans;
       (B) holds all of the mortgage loans which are the basis for 
     any vehicle described in subparagraph (A); and
       (C) has not issued securities that are guaranteed by the 
     Federal National Mortgage Association, the Federal Home Loan 
     Mortgage Corporation, or the Government National Mortgage 
     Association;
       (3) the term ``servicer'' means a servicer of securitized 
     mortgages;
       (4) the term ``eligible servicer'' means a servicer of 
     pooled and securitized residential mortgages, all of which 
     are eligible mortgages;
       (5) the term ``eligible mortgage'' means a residential 
     mortgage, the principal amount of which did not exceed the 
     conforming loan size limit that was in existence at the time 
     of origination for a comparable dwelling, as established by 
     the Federal National Mortgage Association;
       (6) the term ``Secretary'' means the Secretary of the 
     Treasury;
       (7) the term ``effective term of the Act'' means the period 
     beginning on the effective date of this title and ending on 
     December 31, 2011;
       (8) the term ``incentive fee'' means the monthly payment to 
     eligible servicers, as determined under section 6003;
       (9) the term ``Office'' means the Office of Aggrieved 
     Investor Claims established under section 6004(a); and
       (10) the term ``prepayment fee'' means the payment to 
     eligible servicers, as determined under section 6003(b).

     SEC. 6003. PAYMENTS TO ELIGIBLE SERVICERS AUTHORIZED.

       (a) Authority.--The Secretary is authorized during the 
     effective term of the Act, to make payments to eligible 
     servicers in an amount not to exceed an aggregate of 
     $10,000,000,000, subject to the terms and conditions 
     established under this title.
       (b) Fees Paid to Eligible Servicers.--
       (1) In general.--During the effective term of the Act, 
     eligible servicers may collect monthly fee payments, 
     consistent with the limitation in paragraph (2).
       (2) Conditions.--For every mortgage that was--
       (A) not prepaid during a month, an eligible servicer may 
     collect an incentive fee equal to 10 percent of mortgage 
     payments received during that month, not to exceed $60 per 
     loan; and
       (B) prepaid during a month, an eligible servicer may 
     collect a one-time prepayment fee equal to 12 times the 
     amount of the incentive fee for the preceding month.
       (c) Safe Harbor.--Notwithstanding any other provision of 
     law, and notwithstanding any investment contract between a 
     servicer and a securitization vehicle, a servicer--
       (1) owes any duty to maximize the net present value of the 
     pooled mortgages in the securitization vehicle to all 
     investors and parties having a direct or indirect interest in 
     such vehicle, and not to any individual party or group of 
     parties; and
       (2) shall be deemed to act in the best interests of all 
     such investors and parties if the servicer agrees to or 
     implements a modification, workout, or other loss mitigation 
     plan for a residential mortgage or a class of residential 
     mortgages that constitutes a part or all of the pooled 
     mortgages in such securitization vehicle, if--
       (A) default on the payment of such mortgage has occurred or 
     is reasonably foreseeable;
       (B) the property securing such mortgage is occupied by the 
     mortgagor of such mortgage; and
       (C) the servicer reasonably and in good faith believes that 
     the anticipated recovery on the principal outstanding 
     obligation of the mortgage under the modification or workout 
     plan exceeds, on a net present value basis, the anticipated 
     recovery on the principal outstanding obligation of the 
     mortgage through foreclosure;
       (3) shall not be obligated to repurchase loans from, or 
     otherwise make payments to, the securitization vehicle on 
     account of a modification, workout, or other loss mitigation 
     plan that satisfies the conditions of paragraph (2); and
       (4) if it acts in a manner consistent with the duties set 
     forth in paragraphs (1) and (2), shall not be liable for 
     entering into a modification or workout plan to any person--
       (A) based on ownership by that person of a residential 
     mortgage loan or any interest in a pool of residential 
     mortgage loans, or in securities that distribute payments out 
     of the principal, interest, and other payments in loans in 
     the pool;
       (B) who is obligated to make payments determined in 
     reference to any loan or any interest referred to in 
     subparagraph (A); or
       (C) that insures any loan or any interest referred to in 
     subparagraph (A) under any provision of law or regulation of 
     the United States or any State or political subdivision 
     thereof.
       (d) Legal Costs.--If an unsuccessful suit is brought by a 
     person described in subsection (d)(4), that person shall bear 
     the actual legal costs of the servicer, including reasonable 
     attorney fees and expert witness fees, incurred in good 
     faith.
       (e) Reporting Requirements.--
       (1) In general.--Each servicer shall report regularly, not 
     less frequently than monthly, to the Secretary on the extent 
     and scope of the loss mitigation activities of the mortgage 
     owner.
       (2) Content.--Each report required by this subsection shall 
     include--
       (A) the number of residential mortgage loans receiving loss 
     mitigation that have become performing loans;
       (B) the number of residential mortgage loans receiving loss 
     mitigation that have proceeded to foreclosure;
       (C) the total number of foreclosures initiated during the 
     reporting period;
       (D) data on loss mitigation activities, disaggregated to 
     reflect whether the loss mitigation was in the form of--
       (i) a waiver of any late payment charge, penalty interest, 
     or any other fees or charges, or any combination thereof;
       (ii) the establishment of a repayment plan under which the 
     homeowner resumes regularly scheduled payments and pays 
     additional amounts at scheduled intervals to cure the 
     delinquency;
       (iii) forbearance under the loan that provides for a 
     temporary reduction in or cessation of monthly payments, 
     followed by a reamortization of the amounts due under the 
     loan, including arrearage, and a new schedule of repayment 
     amounts;
       (iv) waiver, modification, or variation of any material 
     term of the loan, including short-term, long-term, or life-
     of-loan modifications that change the interest rate, forgive 
     the payment of principal or interest, or extend the final 
     maturity date of the loan;
       (v) short refinancing of the loan consisting of acceptance 
     of payment from or on behalf of the homeowner of an amount 
     less than the amount alleged to be due and owing under the 
     loan, including principal, interest, and fees, in full 
     satisfaction of the obligation under such loan and as part of 
     a refinance transaction in which the property is intended to 
     remain the principal residence of the homeowner;

[[Page S1457]]

       (vi) acquisition of the property by the owner or servicer 
     by deed in lieu of foreclosure;
       (vii) short sale of the principal residence that is subject 
     to the lien securing the loan;
       (viii) assumption of the obligation of the homeowner under 
     the loan by a third party;
       (ix) cancellation or postponement of a foreclosure sale to 
     allow the homeowner additional time to sell the property; or
       (x) any other loss mitigation activity not covered; and
       (E) such other information as the Secretary determines to 
     be relevant.
       (3) Public availability of reports.--After removing 
     information that would compromise the privacy interests of 
     mortgagors, the Secretary shall make public the reports 
     required by this subsection.

     SEC. 6004. COMPENSATION FOR AGGRIEVED INVESTORS.

       (a) In General.--
       (1) Compensation.--Each injured person shall be entitled to 
     receive from the United States--
       (A) compensation for injury suffered by the injured person 
     as a result of loan modifications made pursuant to this 
     title; and
       (B) damages described in subsection (d)(4), as determined 
     by the Secretary of the Treasury.
       (2) Office of aggrieved investor claims.--
       (A) In general.--There is established within the Department 
     of the Treasury an Office of Aggrieved Investor Claims.
       (B) Purpose.--The Office shall receive, process, and pay 
     claims in accordance with this section.
       (C) Funding.--The Office--
       (i) shall be funded from funds made available to the 
     Secretary under this section;
       (ii) may reimburse other Federal agencies for claims 
     processing support and assistance;
       (iii) may appoint and fix the compensation of such 
     temporary personnel as may be necessary, without regard to 
     the provisions of title 5, United States Code, governing 
     appointments in competitive service; and
       (iv) upon the request of the Secretary, the head of any 
     Federal department or agency may detail, on a reimbursable 
     basis, any of the personnel of that department or agency to 
     the Department of Treasury to assist it in carrying out its 
     duties under this section.
       (3) Option to appoint independent claims manager.--The 
     Secretary may appoint an Independent Claims Manager--
       (A) to head the Office; and
       (B) to assume the duties of the Secretary under this 
     section.
       (b) Submission of Claims.--Not later than 2 years after the 
     date on which regulations are first promulgated under 
     subsection (f), an injured person may submit to the Secretary 
     a written claim for one or more injuries suffered by the 
     injured person in accordance with such requirements as the 
     Secretary determines to be appropriate.
       (c) Investigation of Claims.--
       (1) In general.--The Secretary shall, on behalf of the 
     United States, investigate, consider, ascertain, adjust, 
     determine, grant, deny, or settle any claim for money damages 
     asserted under subsection (b).
       (2) Extent of damages.--Any payment under this section--
       (A) shall be limited to actual compensatory damages 
     measured by injuries suffered; and
       (B) shall not include--
       (i) interest before settlement or payment of a claim; or
       (ii) punitive damages.
       (d) Payment of Claims.--
       (1) Determination and payment of amount.--
       (A) In general.--Not later than 180 days after the date on 
     which a claim is submitted under this section, the Secretary 
     shall determine and fix the amount, if any, to be paid for 
     the claim.
       (B) Parameters of determination.--In determining and 
     settling a claim under this section, the Secretary shall 
     determine only--
       (i) whether the claimant is an injured person;
       (ii) whether the injury that is the subject of the claim 
     resulted from a loan modification made pursuant to this 
     title;
       (iii) the amount, if any, to be allowed and paid under this 
     section; and
       (iv) the person or persons entitled to receive the amount.
       (2) Partial payment.--
       (A) In general.--At the request of a claimant, the 
     Secretary may make one or more advance or partial payments 
     before the final settlement of a claim, including final 
     settlement on any portion or aspect of a claim that is 
     determined to be severable.
       (B) Judicial decision.--If a claimant receives a partial 
     payment on a claim under this section, but further payment on 
     the claim is subsequently denied by the Secretary, the 
     claimant may--
       (i) seek judicial review under subsection (i); and
       (ii) keep any partial payment that the claimant received, 
     unless the Secretary determines that the claimant--

       (I) was not eligible to receive the compensation; or
       (II) fraudulently procured the compensation.

       (3) Allowable damages for financial loss.--A claim that is 
     paid for injury under this section may include damages 
     resulting from a loan modification pursuant to this title for 
     the following types of otherwise uncompensated financial 
     loss:
       (A) Lost personal income.
       (B) Any other loss that the Secretary determines to be 
     appropriate for inclusion as financial loss.
       (e) Acceptance of Award.--The acceptance by a claimant of 
     any payment under this section, except an advance or partial 
     payment made under subsection (d)(2), shall--
       (1) be final and conclusive on the claimant with respect to 
     all claims arising out of or relating to the same subject 
     matter;
       (2) constitute a complete release of all claims against the 
     United States (including any agency or employee of the United 
     States) under chapter 171 of title 28, United States Code 
     (commonly known as the ``Federal Tort Claims Act''), or any 
     other Federal or State law, arising out of or relating to the 
     same subject matter;
       (3) constitute a complete release of all claims against the 
     eligible servicer of the securitization in which the injured 
     person was an investor under any Federal or State law, 
     arising out of or relating to the same subject matter; and
       (4) shall include a certification by the claimant, made 
     under penalty of perjury and subject to the provisions of 
     section 1001 of title 18, United States Code, that such claim 
     is true and correct.
       (f) Regulations.--Notwithstanding any other provision of 
     law, not later than 45 days after the date of enactment of 
     this Act, the Secretary shall promulgate and publish in the 
     Federal Register interim final regulations for the processing 
     and payment of claims under this section.
       (g) Consultation.--In administering this section, the 
     Secretary shall consult with other Federal agencies, as 
     determined to be necessary by the Secretary, to ensure the 
     efficient administration of the claims process.
       (h) Election of Remedy.--
       (1) In general.--An injured person may elect to seek 
     compensation from the United States for one or more injuries 
     resulting from a loan modification made pursuant to this 
     title by--
       (A) submitting a claim under this section;
       (B) filing a claim or bringing a civil action under chapter 
     171 of title 28, United States Code; or
       (C) bringing an authorized civil action under any other 
     provision of law.
       (2) Effect of election.--An election by an injured person 
     to seek compensation in any manner described in paragraph (1) 
     shall be final and conclusive on the claimant with respect to 
     all injuries resulting from a loan modification made pursuant 
     to this title that are suffered by the claimant.
       (3) Arbitration.--
       (A) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary shall establish by 
     regulation procedures under which a dispute regarding a claim 
     submitted under this section may be settled by arbitration.
       (B) Arbitration as remedy.--On establishment of arbitration 
     procedures under subparagraph (A), an injured person that 
     submits a disputed claim under this section may elect to 
     settle the claim through arbitration.
       (C) Binding effect.--An election by an injured person to 
     settle a claim through arbitration under this paragraph 
     shall--
       (i) be binding; and
       (ii) preclude any exercise by the injured person of the 
     right to judicial review of a claim described in subsection 
     (i).
       (i) Judicial Review.--
       (1) In general.--Any claimant aggrieved by a final decision 
     of the Secretary under this section may, not later than 60 
     days after the date on which the decision is issued, bring a 
     civil action in the United States District Court for the 
     District of Columbia, to modify or set aside the decision, in 
     whole or in part.
       (2) Record.--The court shall hear a civil action under 
     paragraph (1) on the record made before the Secretary.
       (3) Standard.--The decision of the Secretary incorporating 
     the findings of the Secretary shall be upheld if the decision 
     is supported by substantial evidence on the record considered 
     as a whole.
       (j) Attorney's and Agent's Fees.--
       (1) In general.--No attorney or agent, acting alone or in 
     combination with any other attorney or agent, shall charge, 
     demand, receive, or collect, for services rendered in 
     connection with a claim submitted under this section, fees in 
     excess of 10 percent of the amount of any payment on the 
     claim.
       (2) Violation.--An attorney or agent who violates paragraph 
     (1) shall be fined not more than $10,000.
       (k) Applicability of Debt Collection Requirements.--Section 
     3716 of title 31, United States Code, shall not apply to any 
     payment under this section.
       (l) Report.--Not later than 1 year after the date of 
     promulgation of regulations under subsection (f), and 
     annually thereafter, the Secretary shall submit to Congress a 
     report that describes the claims submitted under this section 
     during the year preceding the date of submission of the 
     report, including, for each claim--
       (1) the amount claimed;
       (2) a brief description of the nature of the claim; and
       (3) the status or disposition of the claim, including the 
     amount of any payment under this section.
       (m) GAO Audit.--The Comptroller General of the United 
     States shall conduct an annual audit on the payment of all 
     claims made under this section and shall report to the

[[Page S1458]]

     Congress on the results of this audit beginning not later 
     than the expiration of the 1-year period beginning on the 
     date of the enactment of this Act.
       (n) Authorization of Appropriations.--There are authorized 
     to be appropriated for the payment of claims in accordance 
     with this section up to $1,700,000,000, to remain available 
     until expended.

     SEC. 6005. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary, 
     such sums as may be necessary to carry out this title.

     SEC. 6006. SUNSET OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title shall terminate on December 31, 2011.
                                 ______
                                 
  SA 160. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       For an appropriations report:
       On page 251, strike beginning from ``Provided'' on line 19 
     through ``funding:'' on line 22.
       Insert on page 252, after line 21 the following:


                   ``CHILDHOOD DEVELOPMENT CENTERS''

       ``For an amount for ``Childhood Development Centers'', 
     $400,000,000, to remain available until September 30, 2001: 
     Provided, Further, That these funds shall be made available 
     competitively from the Secretary of Housing and Urban 
     Development for the construction or rehabilitation of early 
     childhood development centers serving households that qualify 
     as low-income: Provided further, That all funds shall be 
     obligated with 120 days and expended no later than 12 months 
     after the date of enactment of this Act: Provided further, 
     That the Secretary shall allocate funds on a geographic basis 
     with an appropriate balance based on the needs of rural and 
     urban areas: Provided further, That there is no required 
     federal match: Provided further, That failure to expend funds 
     as provided under heading shall result in the redistribution 
     of such funds by the Secretary.''.
                                 ______
                                 
  SA 161. Mr. BOND (for himself, Mr. Dodd, Mr. Kohl, Mrs. Murray, and 
Mr. Reed) submitted an amendment intended to be proposed by him to the 
bill H.R. 1, making supplemental appropriations for job preservation 
and creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:


             GAP FUNDING FOR LOW INCOME TAX CREDIT PROJECT

       On page 253, line 1, strike ``$2,250,000,000'' and insert 
     in lieu thereof ``$250,000,000'', and insert the following 
     account after line 13 on page 257:
       ``For an additional amount for capital investments in low 
     income housing tax credit projects, $2,000,000,000, to remain 
     available until September 30, 2011: Provided, That the funds 
     shall be allocated to States under the HOME program under 
     this Heading shall be made available to State housing finance 
     agencies in an amount totaling $2,000,000,000, subject to any 
     changes made to a State allocation for the benefit of a State 
     by the Secretary of Housing and Urban Development for areas 
     that have suffered from disproportionate job loss and 
     foreclosure: Provided further, That the Secretary, in 
     consultation with the States, shall determine the amount of 
     funds each State shall have available under HOME: Provided 
     further, That the State housing finance agencies (including 
     for purposes throughout this heading any entity that is 
     responsible for distributing low income housing tax credits) 
     or as appropriate as an entity as a gap financer, shall 
     distribute these funds competitively under this heading to 
     housing developers for projects eligible for funding (such 
     terms including those who may have received funding) under 
     the low income housing tax credit program as provided under 
     section 42 of the I.R.C. of 1986, with a review of both the 
     decisionmaking and process for the award by the Secretary of 
     Housing and Urban Development: Provided further, That funds 
     under this heading must be awarded by State housing finance 
     agencies within 120 days of enactment of the Act and 
     obligated by the developer of the low income housing tax 
     credit project within one year of the date of enactment of 
     this Act, shall expend 75 percent of the funds within two 
     years of the date on which the funds become available, and 
     shall expend 100 percent of the funds within 3 years of such 
     date: Provided further, That failure by a developer to expend 
     funds within the parameters required within the previous 
     proviso shall result in a redistribution of these funds by a 
     State housing finance agency or by the Secretary if there is 
     a more deserving project in another jurisdiction: Provided 
     further, That projects awarded tax credits within 3 years 
     prior to the date of enactment of this Act shall be eligible 
     for funding under this heading: Provided further, That, as 
     part of the review, the Secretary shall ensure equitable 
     distribution of funds and an appropriate balance in 
     addressing the needs of urban and rural communities with a 
     special priority on areas that have suffered from excessive 
     job loss and foreclosures: Provided further, That State 
     housing finance agencies shall give priority to projects that 
     require an additional share of Federal funds in order to 
     complete an overall funding package, and to projects that are 
     expected to be completed within 3 years of enactment: 
     Provided further, That any assistance provided to an eligible 
     low income housing tax credit project under this heading 
     shall be made in the same manner and be subject to the same 
     limitations (including rent, income, and use restrictions) as 
     an allocation of the housing credit amount allocated by the 
     State housing finance agency under section 42 of the I.R.C. 
     of 1986, except that such assistance shall not be limited by, 
     or otherwise affect (except as provided in subsection 
     (h)(3)(J) of such section), the State housing finance agency 
     applicable to such agency: Provided further, That the State 
     housing finance agency shall perform asset management 
     functions to ensure compliance with section 42 of the I.R.C. 
     of 1986, and the long term viability of buildings funded by 
     assistance under this heading: Provided further, That the 
     term basis (as such term is defined in such section 42) of a 
     qualified low-income housing tax credit building receiving 
     assistance under this heading shall not be reduced by the 
     amount of any grant described under this heading: Provided 
     further, That the Secretary shall collect all information 
     related to the award of Federal funds from state housing 
     finance agencies and establish an internet site that shall 
     identify all projects selected for an award, including the 
     amount of the award as well as the process and all 
     information that was used to make the award decision.''.
                                 ______
                                 
  SA 162. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 241, strike ``HIGH-SPEED'' on line 7 and all that 
     follows through ``paragraph'' on line 19.
                                 ______
                                 
  SA 163. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 57, between lines 5 and 6, insert the following:
       Sec. 203.  None of the funds appropriated or otherwise made 
     available to any department or agency of the United States 
     Government by this Act or any other Act may be obligated or 
     expended for a purpose as follows
       (1) To transfer any detainee of the United States housed at 
     Naval Station, Guantanamo Bay, Cuba, to any facility in the 
     United States or its territories.
       (2) To construct, improve, modify, or otherwise enhance any 
     facility in the United States or its territories for the 
     purpose of housing any detainee described in paragraph (1).
       (3) To house or otherwise incarcerate any detainee 
     described in paragraph (1) in the United States or its 
     territories.
                                 ______
                                 
  SA 164. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 114, between lines 4 and 5, insert the following:


  extension of pilot programs for employment eligibility confirmation

       Sec. 603.  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 ``11-year period'' and inserting ``16-year period''.
                                 ______
                                 
  SA 165. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for

[[Page S1459]]

other purposes; which was ordered to lie on the table; as follows:

       On page 114, between lines 4 and 5, insert the following:


                      restriction on use of funds

       Sec. 603.  None of the funds made available in this Act may 
     be used to enter into a contract with a person that does not 
     participate in the pilot program described in section 404 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a 
     note).
                                 ______
                                 
  SA 166. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 114, between lines 4 and 5, insert the following:

  Extension of Pilot Programs for Employment Eligibility Confirmation

       Sec. 603.  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 ``11-year period'' and inserting ``16-year period''.

Protection of Social Security Administration Programs Related to Pilot 
            Programs for Employment Eligibility Confirmation

       Sec. 604. (a) Definitions.--In this section:
       (1) Appropriate committees of congress defined.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Appropriations, the Committee on 
     Finance, and the Committee on the Judiciary of the Senate; 
     and
       (B) the Committee on Appropriations, the Committee on the 
     Judiciary, and the Committee on Ways and Means of the House 
     of Representatives.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Social Security.
       (3) Pilot program.--The term ``pilot program'' means the 
     pilot program carried out under section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Funding Under Agreement.--For each fiscal year after 
     fiscal year 2008, the Commissioner and the Secretary shall 
     enter into an agreement that--
       (1) provides funds to the Commissioner for the full costs 
     of carrying out the responsibilities of the Commissioner 
     under the pilot program, including the costs of--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems to carry out such responsibilities, but 
     only the portion of such costs that are attributable 
     exclusively to such responsibilities; and
       (B) responding to individuals who contest tentative 
     nonconfirmations provided by the confirmation system 
     established pursuant to the pilot program;
       (2) provides such funds to the Commissioner quarterly, in 
     advance of the applicable quarter, based on estimating 
     methodology agreed to by the Commissioner and the Secretary; 
     and
       (3) requires an annual accounting and reconciliation of the 
     actual costs incurred by the Commissioner to carry out such 
     responsibilities and the funds provided under the agreement 
     that shall be reviewed by the Office of the Inspector General 
     in the Social Security Administration and in the Department 
     of Homeland Security.
       (c) Continuation of Employment Verification in Absence of 
     Timely Agreement.--
       (1) Continuation of previous agreement.--
       (A) In general.--Subject to subparagraph (B), if the 
     agreement required under subsection (b) for a fiscal year is 
     not reached as of the first day of such fiscal year, the most 
     recent previous agreement between the Commissioner and the 
     Secretary to provide funds to the Commissioner for carrying 
     out the responsibilities of the Commissioner under the pilot 
     program shall be deemed to remain in effect until the date 
     that the agreement required under subsection (b) for such 
     fiscal year becomes effective.
       (B) Annual adjustment.--If the most recent previous 
     agreement is deemed to remain in effect for a fiscal year 
     under subparagraph (A), the Director of the Office of 
     Management and Budget is authorized to modify the amount 
     provided under such agreement for such fiscal year to account 
     for--
       (i) inflation; or
       (ii) any increase or decrease in the number of individuals 
     who require services from the Commissioner under the pilot 
     program.
       (2) Notification of congress.--If the most recent previous 
     agreement is deemed to remain in effect under paragraph 
     (1)(A) for a fiscal year, the Commissioner and the Secretary 
     shall--
       (A) not later than the first day of such fiscal year, 
     submit to the appropriate committees of Congress a 
     notification of the failure to reach the agreement required 
     under subsection (b) for such fiscal year; and
       (B) once during each 90-day period until the date that the 
     agreement required under subsection (b) has been reached for 
     such fiscal year, submit to the appropriate committees of 
     Congress a notification of the status of negotiations between 
     the Commissioner and the Secretary to reach such an 
     agreement.

 Study and Report of Erroneous Responses Sent Under the Pilot Program 
                for Employment Eligibility Confirmation

       Sec. 605. (a) Study.--As soon as practicable after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study of the erroneous 
     tentative nonconfirmations sent to individuals seeking 
     confirmation of employment eligibility under the pilot 
     program established under section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note).
       (b) Matters To Be Studied.--The study required by 
     subsection (a) shall include an analysis of--
       (1) the causes of erroneous tentative nonconfirmations sent 
     to individuals under the pilot program referred to in 
     subsection (a);
       (2) the processes by which such erroneous tentative 
     nonconfirmations are remedied; and
       (3) the effect of such erroneous tentative nonconfirmations 
     on individuals, employers, and agencies and departments of 
     the United States.
       (c) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Finance and the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary and the Committee on Ways and Means of the 
     House of Representatives a report on the results of the study 
     required by this section.

  Study and Report of the Effects of the Pilot Program for Employment 
               Eligibility Confirmation on Small Entities

       Sec. 606. (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate; and
       (B) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Comptroller general.--The term ``Comptroller General'' 
     means the Comptroller General of the United States.
       (3) Pilot program.--The term ``pilot program'' means the 
     pilot program described in section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1324a note).
       (4) Small entity.--The term ``small entity'' has the 
     meaning given that term in section 601 of title 5, United 
     States Code.
       (b) Study.--As soon as practicable after the date of the 
     enactment of this Act, the Comptroller General shall conduct 
     a study of the effects of the pilot on small entities.
       (c) Matters To Be Studied.--
       (1) In general.--The study required by subsection (b) shall 
     include an analysis of--
       (A) the costs of complying with the pilot program incurred 
     by small entities;
       (B)(i) the description and estimated number of small 
     entities enrolled in and participating in the pilot program; 
     or
       (ii) why no such estimated number is available;
       (C) the projected reporting, recordkeeping, and other 
     compliance requirements of the pilot program that apply to 
     small entities;
       (D) the factors that impact enrollment and participation of 
     small entities in the pilot program, including access to 
     appropriate technology, geography, and entity size and class; 
     and
       (E) the actions, if any, carried out by the Secretary of 
     Homeland Security to minimize the economic impact of 
     participation in the pilot program on small entities.
       (2) Direct and indirect effects.--The study required by 
     subsection (b) shall analyze, and treat separately, with 
     respect to small entities--
       (A) any direct effects of compliance with the pilot 
     program, including effects on wages and time used and fees 
     spent on such compliance; and
       (B) any indirect effects of such compliance, including 
     effects on cash flow, sales, and competitiveness of such 
     compliance.
       (3) Disaggregation by entity size.--The study required by 
     subsection (b) shall analyze separately data with respect 
     to--
       (A) small entities with fewer than 50 employees; and
       (B) small entities that operate in States that require 
     small entities to participate in the pilot program.
       (d) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     study required by subsection (b).
                                 ______
                                 
  SA 167. Mr. DeMint submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization,

[[Page S1460]]

for fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DAVIS-BACON ACT NOT APPLICABLE.

       Notwithstanding any other provision of law, the provisions 
     of subchapter IV of chapter 31 of title 40, United States 
     Code (commonly referred to as the Davis-Bacon Act) shall not 
     apply to any construction projects carried out using amounts 
     made available under this Act or the amendments made by this 
     Act).
                                 ______
                                 
  SA 168. Mr. DeMint submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, 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. REDUCTION IN CORPORATE MARGINAL INCOME TAX RATES.

       (a) General Rule.--Paragraph (1) of section 11(b) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by inserting ``and'' at the end of subparagraph (A),
       (2) by striking ``but does not exceed $75,000,'' in 
     subparagraph (B) and inserting a period,
       (3) by striking subparagraphs (C) and (D), and
       (4) by striking the last 2 sentences.
       (b) Personal Service Corporations.--Paragraph (2) of 
     section 11(b) of such Code is amended by striking ``35 
     percent'' and inserting ``25 percent''.
       (c) Conforming Amendments.--Paragraphs (1) and (2) of 
     section 1445(e) of such Code are each amended by striking 
     ``35 percent'' and inserting ``25 percent''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 2. REDUCTION IN INDIVIDUAL MARGINAL INCOME TAX RATES.

       (a) In General.--Paragraph (2) of section 1(i) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(2) Reduction in rates after 2008.--In the case of 
     taxable years beginning after 2008, the tables under 
     subsections (a), (b), (c), (d), and (e) shall be applied--
       ``(A) by substituting `25%' for `28%' each place it 
     appears, and
       ``(B) without regard to--
       ``(i) the rates on taxable income in excess of the amount 
     with respect to which the 25 percent rate (determined after 
     the application of subparagraph (A)) applies, and
       ``(ii) any limitation on the amount of taxable income to 
     which the 25 percent rate (determined after the application 
     of subparagraph (A)) applies.''.
       (b) Repeal of EGTRRA Sunset.--Title IX of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 (relating to 
     sunset of provisions of such Act) shall not apply to section 
     101 of such Act (relating to reduction in income tax rates 
     for individuals).
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 3. REPEAL OF ALTERNATIVE MINIMUM TAX.

       (a) In General.--Section 55(a) of the Internal Revenue Code 
     of 1986 (relating to alternative minimum tax imposed) is 
     amended by adding at the end the following new flush 
     sentence:
     ``No tax shall be imposed by this section for any taxable 
     year beginning after December 31, 2008, and the tentative 
     minimum tax for any such taxable year of any taxpayer which 
     is a corporation shall be zero for purposes of this title.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 4. PERMANENT REDUCTIONS IN INDIVIDUAL CAPITAL GAINS AND 
                   DIVIDENDS TAX RATES.

       Section 303 of the Jobs and Growth Tax Relief 
     Reconciliation Act of 2003 (relating to sunset of title) is 
     repealed.

     SEC. 5. ESTATE TAX RELIEF AND REFORM AFTER 2009.

       (a) Restoration of Unified Credit Against Gift Tax.--
     Paragraph (1) of section 2505(a) of the Internal Revenue Code 
     of 1986 (relating to general rule for unified credit against 
     gift tax), after the application of subsection (f), is 
     amended by striking ``(determined as if the applicable 
     exclusion amount were $1,000,000)''.
       (b) Exclusion Equivalent of Unified Credit Equal to 
     $5,000,000.--Subsection (c) of section 2010 of the Internal 
     Revenue Code of 1986 (relating to unified credit against 
     estate tax) is amended to read as follows:
       ``(c) Applicable Credit Amount.--
       ``(1) In general.--For purposes of this section, the 
     applicable credit amount is the amount of the tentative tax 
     which would be determined under section 2001(c) if the amount 
     with respect to which such tentative tax is to be computed 
     were equal to the applicable exclusion amount.
       ``(2) Applicable exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable exclusion amount is $5,000,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2009, the $5,000,000 amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2008' for `calendar year 1992' in subparagraph 
     (B) thereof.
     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.''.
       (c) Flat Estate and Gift Tax Rates.--
       (1) In general.--Subsection (c) of section 2001 of the 
     Internal Revenue Code of 1986 (relating to imposition and 
     rate of tax) is amended to read as follows:
       ``(c) Tentative Tax.--The tentative tax is 15 percent of 
     the amount with respect to which the tentative tax is to be 
     computed.''.
       (2) Conforming amendments.--
       (A) Paragraphs (1) and (2) of section 2102(b) of such Code 
     are amended to read as follows:
       ``(1) In general.--A credit in an amount that would be 
     determined under section 2010 as the applicable credit amount 
     if the applicable exclusion amount were $60,000 shall be 
     allowed against the tax imposed by section 2101.
       ``(2) Residents of possessions of the united states.--In 
     the case of a decedent who is considered to be a `nonresident 
     not a citizen of the United States' under section 2209, the 
     credit allowed under this subsection shall not be less than 
     the proportion of the amount that would be determined under 
     section 2010 as the applicable credit amount if the 
     applicable exclusion amount were $175,000 which the value of 
     that part of the decedent's gross estate which at the time of 
     the decedent's death is situated in the United States bears 
     to the value of the decedent's entire gross estate, wherever 
     situated.''.
       (B) Section 2502(a) of such Code (relating to computation 
     of tax), after the application of subsection (f), is amended 
     by adding at the end the following flush sentence:
     ``In computing the tentative tax under section 2001(c) for 
     purposes of this subsection, `the last day of the calendar 
     year in which the gift was made' shall be substituted for 
     `the date of the decedent's death' each place it appears in 
     such section.''.
       (d) Modifications of Estate and Gift Taxes to Reflect 
     Differences in Unified Credit Resulting From Different Tax 
     Rates.--
       (1) Estate tax.--
       (A) In general.--Section 2001(b)(2) of the Internal Revenue 
     Code of 1986 (relating to computation of tax) is amended by 
     striking ``if the provisions of subsection (c) (as in effect 
     at the decedent's death)'' and inserting ``if the 
     modifications described in subsection (g)''.
       (B) Modifications.--Section 2001 of such Code is amended by 
     adding at the end the following new subsection:
       ``(g) Modifications to Gift Tax Payable to Reflect 
     Different Tax Rates.--For purposes of applying subsection 
     (b)(2) with respect to 1 or more gifts, the rates of tax 
     under subsection (c) in effect at the decedent's death shall, 
     in lieu of the rates of tax in effect at the time of such 
     gifts, be used both to compute--
       ``(1) the tax imposed by chapter 12 with respect to such 
     gifts, and
       ``(2) the credit allowed against such tax under section 
     2505, including in computing--
       ``(A) the applicable credit amount under section 
     2505(a)(1), and
       ``(B) the sum of the amounts allowed as a credit for all 
     preceding periods under section 2505(a)(2).
     For purposes of paragraph (2)(A), the applicable credit 
     amount for any calendar year before 1998 is the amount which 
     would be determined under section 2010(c) if the applicable 
     exclusion amount were the dollar amount under section 
     6018(a)(1) for such year.''.
       (2) Gift tax.--Section 2505(a) of such Code (relating to 
     unified credit against gift tax) is amended by adding at the 
     end the following new flush sentence:
     ``For purposes of applying paragraph (2) for any calendar 
     year, the rates of tax in effect under section 2502(a)(2) for 
     such calendar year shall, in lieu of the rates of tax in 
     effect for preceding calendar periods, be used in determining 
     the amounts allowable as a credit under this section for all 
     preceding calendar periods.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying, generation-
     skipping transfers, and gifts made, after December 31, 2009.
       (f) Additional Modifications to Estate Tax.--
       (1) In general.--The following provisions of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001, and the 
     amendments made by such provisions, are hereby repealed:
       (A) Subtitles A and E of title V.
       (B) Subsection (d), and so much of subsection (f)(3) as 
     relates to subsection (d), of section 511.
       (C) Paragraph (2) of subsection (b), and paragraph (2) of 
     subsection (e), of section 521.
     The Internal Revenue Code of 1986 shall be applied as if such 
     provisions and amendments had never been enacted.
       (2) Sunset not to apply to title v of egtrra.--Section 901 
     of the Economic Growth and Tax Relief Reconciliation Act of 
     2001 shall not apply to title V of such Act.
       (3) Repeal of deadwood.--

[[Page S1461]]

       (A) Sections 2011, 2057, and 2604 of the Internal Revenue 
     Code of 1986 are hereby repealed.
       (B) The table of sections for part II of subchapter A of 
     chapter 11 of such Code is amended by striking the item 
     relating to section 2011.
       (C) The table of sections for part IV of subchapter A of 
     chapter 11 of such Code is amended by striking the item 
     relating to section 2057.
       (D) The table of sections for subchapter A of chapter 13 of 
     such Code is amended by striking the item relating to section 
     2604.

     SEC. 6. INCREASE IN CHILD TAX CREDIT MADE PERMANENT.

       Title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 (relating to sunset of provisions 
     of such Act) shall not apply to sections 201 (relating to 
     modifications to child tax credit) and 203 (relating to 
     refunds disregarded in the administration of federal programs 
     and federally assisted programs) of such Act.

     SEC. 7. BASE BROADENING.

       (a) In General.--Section 63 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subsection:
       ``(h) Restriction of Itemized Deductions After 2008.--In 
     the case of any taxable year beginning after 2008, no 
     itemized deductions shall be allowed under this chapter other 
     than--
       ``(1) the deduction for qualified residence interest (as 
     defined in section 163(h)(3)), and
       ``(2) the deduction allowed under section 170.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 169. Mr. BOND (for himself, Mrs. Boxer, Mr. Inhofe, Mr. Baucus, 
Mr. Cochran, Mr. Voinovich, Mr. Crapo, Mr. Bayh, and Mr. Brownback) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1, making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:

       In Title XII, on page 227 line 5, strike ``OFFICE OF THE 
     SECRETARY'' and all that follows through page 230, line 3.
       On page 232, line 20, strike ``$27,060,000,000'' and insert 
     ``$32,560,000,000''.
       On page 233, line 5, after ``Public Law 110-161:'', strike 
     ``Provided'' and all that follows in this and the following 2 
     related provisos through ``extension:'' on page 233, line 20.
       On page 240, line 15, strike ``Provided further,'' and all 
     that follows in this and the following 2 provisos through 
     ``extension:'' on page 241 line 3.
                                 ______
                                 
  SA 170. Mr. CARPER (for himself and Mr. Crapo) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 517, beginning on line 3, strike through page 523, 
     line 9, and insert the following:

     ``SEC. 48C. QUALIFYING ADVANCED ENERGY PROJECT CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     qualifying advanced energy project credit for any taxable 
     year is an amount equal to 30 percent of the qualified 
     investment for such taxable year with respect to any 
     qualifying advanced energy project of the taxpayer.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying advanced 
     energy project--
       ``(A)(i) the construction, reconstruction, or erection of 
     which is completed by the taxpayer after October 31, 2008, or
       ``(ii) which is acquired by the taxpayer if the original 
     use of such eligible property commences with the taxpayer 
     after October 31, 2008, and
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(2) Special rule for certain subsidized property.--Rules 
     similar to section 48(a)(4) (without regard to subparagraph 
     (D) thereof) shall apply for purposes of this section.
       ``(3) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(4) Limitation.--The amount which is treated for all 
     taxable years with respect to any qualifying advanced energy 
     project shall not exceed the amount designated by the 
     Secretary as eligible for the credit under this section.
       ``(c) Definitions.--
       ``(1) Qualifying advanced energy project.--
       ``(A) In general.--The term `qualifying advanced energy 
     project' means a project--
       ``(i) which re-equips, expands, or establishes a 
     manufacturing facility for the production of property which 
     is--

       ``(I) designed to be used to produce energy from the sun, 
     wind, geothermal deposits (within the meaning of section 
     613(e)(2)), or other renewable resources,
       ``(II) designed to manufacture fuel cells, microturbines, 
     or an energy storage system for use with electric or hybrid-
     electric motor vehicles,
       ``(III) designed to manufacture electric grids to support 
     the transmission of intermittent sources of renewable energy,
       ``(IV) designed to capture and sequester carbon dioxide 
     emissions,
       ``(V) designed to refine or blend renewable fuels or to 
     produce energy conservation technologies (including energy-
     conserving lighting technologies and smart grid 
     technologies), or
       ``(VI) otherwise determined by the Secretary, after 
     consultation with the Secretary of Energy, to be new or 
     significantly improved advanced energy technology as compared 
     to commercial technologies in service in the United States at 
     the time of the certification of the project under subsection 
     (d), and

       ``(ii) any portion of the qualified investment of which is 
     certified by the Secretary under subsection (d) as eligible 
     for a credit under this section.
       ``(B) Exception.--Such term shall not include any portion 
     of a project for the production of any property which is used 
     in the refining or blending of any transportation fuel (other 
     than renewable fuels).
       ``(2) Eligible property.--The term `eligible property' 
     means any property which is part of a qualifying advanced 
     energy project and is necessary for the production of 
     property described in paragraph (1)(A)(i).
       ``(d) Qualifying Advanced Energy Project Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary, in consultation 
     with the Secretary of Energy, shall establish a qualifying 
     advanced energy project program to consider and award 
     certifications for qualified investments eligible for credits 
     under this section to qualifying advanced energy project 
     sponsors.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program shall not exceed $2,000,000,000.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require during the 3-
     year period beginning on the date the Secretary establishes 
     the program under paragraph (1).
       ``(B) Time to meet criteria for certification.--Each 
     applicant for certification shall have 2 years from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the 
     requirements of the certification have been met.
       ``(C) Period of issuance.--An applicant which receives a 
     certification shall have 5 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period then the certification shall no longer be valid.
       ``(3) Selection criteria.--
       ``(A) In general.--In determining which qualifying advanced 
     energy projects to certify under this section, the Secretary 
     shall consult with the Secretary of Energy and shall take 
     into consideration only those projects where there is a 
     reasonable expectation of commercial viability.
       ``(B) Priority.--The Secretary shall give priority under 
     this section to projects that--
       ``(i) can create the greatest number of jobs in the United 
     States, and
       ``(ii) can begin before January 1, 2011.
       ``(4) Review and redistribution.--
       ``(A) Review.--Not later than 6 years after the date of 
     enactment of this section, the Secretary shall review the 
     credits allocated under this section as of the date which is 
     6 years after the date of enactment of this section.
       ``(B) Redistribution.--The Secretary may reallocate credits 
     awarded under this section if the Secretary determines that--
       ``(i) there is an insufficient quantity of qualifying 
     applications for certification pending at the time of the 
     review, or
       ``(ii) any certification made pursuant to paragraph (2) has 
     been revoked pursuant to paragraph (2)(B) because the project 
     subject to the certification has been delayed as a result of 
     third party opposition or litigation to the proposed project.
       ``(C) Reallocation.--If the Secretary determines that 
     credits under this section are available for reallocation 
     pursuant to the requirements set forth in paragraph (2), the 
     Secretary is authorized to conduct an additional program for 
     applications for certification.
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant and the amount of the 
     credit with respect to such applicant.

[[Page S1462]]

       ``(e) Denial of Double Benefit.--A credit shall not be 
     allowed under this section for any qualified investment for 
     which a credit is allowed under section 48, 48A, or 48B.''.
                                 ______
                                 
  SA 171. Mr. CARPER (for himself, Mrs. Boxer, Mr. Schumer, Mr. 
Lautenberg, Ms. Stabenow, Mrs. Gillibrand, Mr. Kerry, and Mr. 
Whitehouse) submitted an amendment intended to be proposed by him to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 118, line 16, strike ``$300,000,000'' and insert 
     ``$550,000,000''.
                                 ______
                                 
  SA 172. Mr. UDALL of Colorado (for himself and Mr. Begich) submitted 
an amendment intended to be proposed by him to the bill H.R. 1, making 
supplemental appropriations for job preservation creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 430, strike lines 14 through 23 and insert the 
     following:
       Sec. 1605.  With respect to funds in titles I though XVI of 
     this division made available to State, or local government 
     agencies, the Governor, mayor, or other chief executive, as 
     appropriate, shall certify that the investment of such funds 
     has received the full review and vetting required by law and 
     that the chief executive accepts responsibility that the 
     investment is an appropriate use of taxpayer dollars and 
     results in the creation of jobs or economic improvement. A 
     State or local agency may not receive funds made available in 
     this Act unless the certification required by this section is 
     made.
                                 ______
                                 
  SA 173. Mr. LEVIN (for himself, Ms. Stabenow, and Mr. Cardin) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 114, lines 24 and 25, strike ``$190,000,000, to 
     remain available until September 30, 2010'' and insert 
     ``$215,000,000, to remain available until September 30, 2010, 
     of which not less than $50,000,000 shall be used for habitat 
     restoration''.
       On page 120, between lines 10 and 11, insert the following:

                 environmental programs and management

        For an additional amount for ``Environmental Programs and 
     Management'' $300,000,000, to remain available until 
     September 30, 2010, to be used for environmental clean-up 
     programs, including ecosystem restoration and remediation 
     activities, funded under this heading during the 3 fiscal 
     years preceding the date of enactment of this Act: Provided, 
     That the Administrator of the Environmental Protection Agency 
     may waive any cost-sharing requirements for the use of funds 
     provided under this heading.
                                 ______
                                 
  SA 174. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation creation, infrastructure investment, energy efficiency and 
science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 121, strike lines 17 through 21 and insert the 
     following:
     through the ``Indian Health Facilities'' account.
                                 ______
                                 
  SA 175. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMIT ON FUNDS.

       None of the amounts appropriated or otherwise made 
     available by this Act may be used for any casino or other 
     gambling establishment, aquarium, zoo, golf course, swimming 
     pool, stadium, community park, museum, theater, arts center, 
     or highway beautification project, including renovation, 
     remodeling, construction, salaries, furniture, zero-gravity 
     chairs, big screen televisions, beautification, rotating 
     pastel lights, and dry heat saunas.
                                 ______
                                 
  SA 176. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:


              prohibition on no-bid Contracts and earmarks

       Sec. 1607.  (a) Notwithstanding any other provision of this 
     Act, none of the funds appropriated or otherwise made 
     available by this Act may be used to make any payment in 
     connection with a contract unless the contract is awarded 
     using competitive procedures in accordance with the 
     requirements of section 303 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253), section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation.
       (b) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be awarded by grant or cooperative agreement unless 
     the process used to award such grant or cooperative agreement 
     uses competitive procedures to select the grantee or award 
     recipient.
                                 ______
                                 
  SA 177. Mr. SPECTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 110, line 23, insert before the colon ``, including 
     construction to upgrade Level I Trauma Centers in target 
     areas to mitigate health consequences related to potential 
     damage from all hazards''.

                                 ______
                                 
  SA 178. Mr. HARKIN proposed an amendment to amendment SA 98 proposed 
by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; as follows:

       On page 2, line 5, strike the following: ``: Provided, 
     further,'' through and including ``shall be decreased by 
     $6,500,000,000''.
                                 ______
                                 
  SA 179. Mr. VITTER proposed an amendment to amendment SA 98 proposed 
by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. ELIMINATE SPENDING AND PRIORITIZE INVESTMENTS.

       (a) Eliminate Spending.--
       (1) Fish barriers.--None of the funds appropriated or 
     otherwise made available in title VII of division A for 
     United States Fish and Wildlife Management under the heading 
     ``Resource Management'', and the amount made available under 
     such heading is reduced by $20,000,000.
       (2) Census bureau.--None of the funds appropriated or 
     otherwise made available in title II of division A for Bureau 
     of the Census under the heading ``Periodic Censuses and 
     Programs'', and the amount made available under such heading 
     is reduced by $1,000,000,000.
       (3) Federal vehicles.--None of the funds appropriated or 
     otherwise made available in title V of division A for General 
     Services Administration under the heading ``Energy-Efficient 
     Federal Motor Vehicle Fleet Procurement'', and the amount 
     made available under such heading is reduced by $600,000,000.
       (4) FBI construction.--None of the funds appropriated or 
     otherwise made available in title II of division A 
     construction for Federal Bureau of Investigation under the 
     heading ``Construction'', and the amount made available under 
     such heading is reduced by $400,000,000.

[[Page S1463]]

       (5) NIST construction.--None of the funds appropriated or 
     otherwise made available in title II of division A for 
     National Institute of Standards and Technology under the 
     heading ``Construction of Research Facilities'', and the 
     amount made available under such heading is reduced by 
     $357,000,000.
       (6) Commerce headquarters.--None of the funds appropriated 
     or otherwise made available in title II of division A for 
     National Oceanic and Atmospheric Administration under the 
     heading ``Departmental Management'', and the amount made 
     available under such heading is reduced by $34,000,000.
       (7) DHS consolidation.--None of the funds appropriated or 
     otherwise made available in title VI of division A for 
     Department of Homeland Security under the heading ``Office of 
     the Undersecretary of Management'', and the amount made 
     available under such heading is reduced by $248,000,000.
       (8) USDA modernization.--None of the funds appropriated or 
     otherwise made available in title I of division A for 
     Department of Agriculture under the heading ``Office of the 
     Secretary'', and the amount made available under such heading 
     is reduced by $300,000,000.
       (9) State department training facility.--None of the funds 
     appropriated or otherwise made available in title XI of 
     division A for Administration of Foreign Affairs under the 
     heading ``Diplomatic and Consular program'', and the amount 
     made available under such heading is reduced by $75,000,000.
       (10) State department capital investment fund.--None of the 
     funds appropriated or otherwise made available in title XI of 
     division A for Administration of Foreign Affairs under the 
     heading ``Capital Investment Fund'', and the amount made 
     available under such heading is reduced by $524,000,000.
       (11)  DC sewer system.--None of the funds appropriated or 
     otherwise made available in title V of division A for 
     District of Columbia under the heading ``Federal Payment to 
     the District of Columbia Water and Sewer Authority'' and the 
     amount made available under such heading is reduced by 
     $125,000,000.
       (12) Economic development assistance program.--None of the 
     funds appropriated or otherwise made available in title II of 
     division A for Economic Development Administration under the 
     heading ``Economic Development Assistance Programs'' , and 
     the amount made available under such heading is reduced by 
     $150,000,000.
       (13) Amtrak.--None of the funds appropriated or otherwise 
     made available in title XII of division A for Federal 
     Railroad Administration under the heading ``Supplemental 
     Grants to the National Passenger Railroad Corporations'', and 
     the amount made available under such heading is reduced by 
     $850,000,000.
       (14) DoD hybrid vehicles.--None of the funds appropriated 
     or otherwise made available in title III of division A for 
     Procurement under the heading ``Defense Production Act 
     Purchases'', and the amount made available under such heading 
     is reduced by $100,000,000.
       (15) NASA climate change.--None of the funds appropriated 
     or otherwise made available in title II of division A for 
     National Aeronautics and Space Administration under the 
     heading ``Science'', and the amount made available under such 
     heading is reduced by $500,000,000.
       (16) Neighborhood stabilization.--None of the funds 
     appropriated or otherwise made available in title XII of 
     division A for Public Housing Capital Fund under the heading 
     ``Neighborhood Stabilization Program'', and the amount made 
     available under such heading is reduced by $2,250,000,000.
       (17) Historic preservation fund.--None of the funds 
     appropriated or otherwise made available in title VII of 
     division A for National Park Service under the heading 
     ``Historic Preservation Fund'', and the amount made available 
     under such heading is reduced by $55,000,000.
       (18) Fish and wildlife resource construction.--None of the 
     funds appropriated or otherwise made available in title VII 
     of division A for United States Fish and Wildlife Service 
     under the heading ``Construction'', and the amount made 
     available under such heading is reduced by $60,000,000.
       (b) Under Prioritized Spending That Should Be Budgeted 
     for.--
       (1) Comparative research.--None of the funds appropriated 
     or otherwise made available in title VIII of division A for 
     Healthcare Research and Quality under the heading ``Agency 
     for Healthcare Research and Quality'' may be available for 
     comparative research, and the amount made available under 
     such heading is reduced by $700,000,000.
       (2) Health it.--Title XIII for Health Information 
     Technology shall be null and void and none of the funds 
     appropriated or otherwise made available in title VII of 
     division A for Information Technology under the heading 
     ``Office of the National Coordinator for Health Information 
     Technology'' may be available for health information 
     technology, and the amount made available under such heading 
     is reduced by $5,000,000,000.
       (3) Pandemic flu.--None of the funds appropriated or 
     otherwise made available in title VIII of division A for 
     pandemic influenza under the heading ``Public Health and 
     Social Services Emergency Fund'' may be available for 
     pandemic flu and the amount made available under such heading 
     is reduced by $870,000,000.
       (4) Smart grid.--None of the funds made available in this 
     Act for Smart Grid shall be made available.
       (5) Broadband.--None of the funds appropriated or other 
     made available in title II of division A for Broadband 
     Technology Opportunities under the heading ``National 
     Technology Opportunities Program'' may be available for 
     broadband and the amount made available under such heading is 
     reduced by $9,000,000,000.
       (6) High-speed rail corridor program.--None of the funds 
     appropriated or made available in title XII of division A for 
     the High-Speed Rail Corridor projects under the heading High-
     Speed Rail Corridor Program may be available for the high-
     speed rail corridor and the amount made available under such 
     heading is reduced by $2,000,000,000. Section 201 of title II 
     of division A shall be null and void.
       (7) Prison system and courthouses.--None of the funds 
     appropriated or made available in title II of division A for 
     prison buildings and facilities under the heading Federal 
     Prison System may be available for buildings and facilities 
     and the amount made available under such heading is reduced 
     by $1,000,000,000.
       (c) Under General Provisions.--
       (1) Davis-bacon act not applicable.--Notwithstanding any 
     other provision of law, the provisions of subchapter IV of 
     chapter 31 of title 40, United States Code (commonly referred 
     to as the Davis-Bacon Act) shall not apply to any 
     construction projects carried out using amounts made 
     available under this Act or the amendments made by this Act.
       (2) Prohibited uses.--None of the funds appropriated or 
     otherwise made available in this Act may be used for any 
     casino or other gambling establishment, aquarium, zoo, golf 
     course, swimming pool, or Mob Museum.
                                 ______
                                 
  SA 180. Ms. STABENOW (for herself, Mr. Rockefeller, Mr. Begich, Mr. 
Levin, and Mr. Brown) submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 57, between lines 5 and 6, insert the following:
       Sec. 2__.  Section 136(b) of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013(b)) is amended by 
     striking ``30 percent'' and inserting ``90 percent''.
                                 ______
                                 
  SA 181. Ms. STABENOW (for herself and Mr. Levin) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 57, between lines 5 and 6, insert the following:
       Sec. 2__.  Section 136(d)(1) of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013(d)(1)) is amended by 
     striking ``$25,000,000,000'' and inserting 
     ``$50,000,000,000''.
                                 ______
                                 
  SA 182. Mr. ROCKEFELLER (for himself, Mr. Dorgan, Mr. Schumer, and 
Mr. Lautenberg) submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:


                    FEDERAL AVIATION ADMINISTRATION

                          NEXTGEN ACCELERATION

       For grants or other agreements to accelerate the transition 
     to the Next Generation Air Transportation System by 
     accelerating deployment of ground infrastructure for 
     Automatic Dependent Surveillance--Broadcast, by accelerating 
     development of procedures and routes that support 
     performance-based air navigation, to incentivize aircraft 
     equipage to use such infrastructure and procedures and 
     routes, and for additional agency administrative costs 
     associated with the certification and oversight of the 
     deployment of these systems, $550,000,000, to remain 
     available until September 30, 2010: Provided, That the 
     Administrator of the Federal Aviation Administration shall 
     use the authority under section 106(l)(6) of title 49, United 
     States Code, to make such grants or agreements: and Provided 
     further, That, with respect to any incentives for equipage, 
     the Federal share of the costs shall be no more than 50 
     percent.

[[Page S1464]]

                                 ______
                                 
  SA 183. Mr. ROCKEFELLER (for himself, Mrs. Hutchison, and Mr. Dorgan) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. ------. AVIATION PROGRAMS.

       (a) Short Title.--This section may be cited as the 
     ``Federal Aviation Administration Extension Act of 2009''.
       (b) Extension of Aviation Programs for FY 2009.--
       (1) Extension of Aviation Taxes.--The Internal Revenue Code 
     of 1986 is amended by striking ``March 31, 2009'' and 
     inserting ``September 30, 2009'' each place it appears in 
     each of the following sections:
       (A) Section 4081(d)(2)(B).
       (B) Section 4261(j)(1)(A)(ii).
       (C) Section 4271(d)(1)(A)(ii).
       (2) Extension of Expenditure Authority.--
       (A) Such Code is amended by striking ``April 1, 2009'' each 
     place it appears in each of the following sections:
       (i) Section 9502(d)(1).
       (ii) Section 9502(e)(2).
       (B) Paragraph (1) of section 9502(d) of such Code is 
     amended by inserting ``or the Federal Aviation Administration 
     Extension Act of 2009'' before the semicolon at the end of 
     subparagraph (A).
       (3) Extension of Airport Improvement Program.--
       (A) Paragraph (6) of section 48103 of such title is amended 
     to read as follows:
       ``(6) $3,900,000,000 for fiscal year 2009.''.
       (B) Section 47104(c) of such title is amended by striking 
     ``March 31, 2009,'' and inserting ``September 30, 2009,''.
       (4) Extension of Expiring Authorities.--
       (A) Title 49, United States Code, is amended by striking 
     the date specified in each of the following sections and 
     inserting ``September 30, 2009'':
       (i) Section 40117(l)(7).
       (ii) Section 44303(b).
       (iii) Section 47107(s)(3).
       (iv) Section 47141(f).
       (v) Section 49108.
       (B) Section 44302(f)(1) of such title is amended--
       (i) by striking ``March 31, 2009'' and inserting 
     ``September 30, 2009''; and
       (ii) by striking ``May 31, 2009'' and inserting ``December 
     31, 2009''.
       (C) Section 47115(j) of such title is amended by striking 
     ``2008, and the portion of fiscal year 2009 ending before 
     April 1, 2009,'' and inserting ``2009,''.
       (D) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     striking ``before April 1, 2009,''.
       (E) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by striking ``2008, and for the portion of fiscal year 2009 
     ending before April 1, 2009,'' and inserting ``2009,''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2009.
                                 ______
                                 
  SA 184. Mr. LEAHY (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed by him to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. WAIVER OF MATCHING REQUIREMENT UNDER COPS 
                   PROGRAM.

       Section 1701(g) of the Omnibus Crime Control and Safe 
     Street Act of 1968 (42 U.S.C. 3796dd(g)) shall not apply with 
     respect to funds appropriated in this Act or any other Act 
     making appropriations for fiscal year 2009 or 2010 for 
     Community Oriented Policing Services authorized under part Q 
     of such Act of 1968.
                                 ______
                                 
  SA 185. Mr. SCHUMER (for himself, Mr. Specter, Mr. Lautenberg, Mr. 
Menendez, and Mrs. Gillibrand) submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 239, line 24, strike ``$8,400,000,000'' and insert 
     ``$10,400,000,000''.
       On page 240, line 15, after ``promptly:'' insert ``Provided 
     further, That the Secretary of Transportation shall make such 
     funds available to pay for operating expenses to the extent 
     that a transit authority demonstrates to his or her 
     satisfaction that such funds are necessary to continue 
     current services or expand such services to meet increased 
     ridership:''.
       On page 242, after line 10, insert the following:

                       capital investment grants

       For an additional amount for ``Capital Investment Grants'', 
     as authorized under section 5338(c)(4) of title 49, United 
     States Code, and allocated under section 5309(m)(2)(A) of 
     such title, to enable the Secretary of Transportation to make 
     discretionary grants as authorized by section 5309 (d) and 
     (e) of such title, $2,500,000,000: Provided, That such amount 
     shall be allocated without regard to the limitation under 
     section 5309(m)(2)(A)(i): Provided further, That in selecting 
     projects to be funded, priority shall be given to projects 
     that are able to obligate 50 percent of the appropriated 
     funds within 180 days of enactment of this Act: Provided 
     further, That the provisions of section 1101(b) of Public Law 
     109-59 shall apply to funds made available under this 
     heading: Provided further, That applicable chapter 53 
     requirements shall apply, except that notwithstanding any 
     other provision of law, up to 1 percent of the funds under 
     this heading shall remain available for administrative 
     expenses and program management oversight and shall remain 
     available for obligation until September 30, 2012: Provided 
     further, That the preceding proviso shall apply in lieu of 
     the provisions in section 1106 of this Act.

                fixed guideway infrastructure investment

       For an additional amount for capital expenditures 
     authorized under section 5309(b)(2) of title 49, United 
     States Code, $2,000,000,000 to remain available through 
     September 30, 2010: Provided, That the Secretary of 
     Transportation shall apportion the funding provided under 
     this heading using the formula set forth in subsection 5337 
     of such Act: Provided further, That the Federal share of the 
     costs for which a grant is made under this heading shall be 
     at the option of the recipient, and may be up to 100 percent: 
     Provided further, That the funds appropriated under this 
     heading shall not be commingled with funds available under 
     the Formula and Bus Grants account.
                                 ______
                                 
  SA 186. Mr. UDALL of Colorado (for himself and Mr. Bennet of 
Colorado) submitted an amendment intended to be proposed to amendment 
SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill 
H.R. 1, making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 121, line 4, before the period, insert the 
     following: ``: Provided further, That no State matching funds 
     are required: Provided further, That funding priority shall 
     be given to areas that are experiencing high levels of insect 
     and disease infestations''.
                                 ______
                                 
  SA 187. Mr. UDALL of Colorado (for himself, Mr. Kerry, Mr. Bingaman, 
Mr. Whitehouse, Mrs. Gillibrand, and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 70, lines 14 through 16, strike ``$14,398,000,000, 
     for necessary expenses, to remain available until September 
     30, 2010: Provided,'' and insert ``$17,298,000,000, for 
     necessary expenses, to remain available until September 30, 
     2010: Provided, That $3,400,000,000 shall be for additional 
     grants for State Energy Programs under part D of title III of 
     the Energy Policy and Conservation Act (42 U.S.C. 6321 et 
     seq.) with the States prioritizing the grants, to the maximum 
     extent practicable, toward funding energy efficiency and 
     renewable energy programs, especially for the purpose of 
     retrofitting residential and commercial buildings to reduce 
     energy consumption: Provided further,''.

                                 ______
                                 
  SA 188. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page S1465]]


       On page 570, after line 8, insert the following:

     SEC. --. ACCELERATION OF PHASEIN OF DOMESTIC PRODUCTION 
                   ACTIVITIES DEDUCTION.

       (a) In General.--Subsection (a) of section 199 is amended 
     to read as follows:
       ``(a) Allowance of Deduction.--There shall be allowed as a 
     deduction an amount equal to 9 percent of the lesser of--
       ``(1) the qualified production activities income of the 
     taxpayer for the taxable year, or
       ``(2) taxable income (determined without regard to this 
     section) for the taxable year.''.
       (b) Conforming Amendment.--Paragraph (2) of section 199(d) 
     is amended by striking ``subsection (a)(1)(B)'' and inserting 
     ``subsection (a)(2)''
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. --. RESTORATION OF FULL DOMESTIC PRODUCTION ACTIVITIES 
                   DEDUCTION FOR OIL RELATED PRODUCTION 
                   ACTIVITIES.

       (a) In General.--Section 401 of the Energy Improvement and 
     Extension Act of 2008 is repealed.
       (b) Effective Date; Administration of Code.--
       (1) Effective date.--The repeal made by this section shall 
     apply to taxable years beginning after December 31, 2008.
       (2) Administration of code.--The Internal Revenue Code of 
     1986 shall be applied and administered as if section 401 of 
     the Energy Improvement and Extension Act of 2008, and the 
     amendments made by such section, had not been enacted.
                                 ______
                                 
  SA 189. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 192, after line 21 insert the following:
       Sec. 807.  elimination of funding prohibition. 
     Notwithstanding section 803(d)(2)(C), section 803(d)(2)(C) 
     shall have no effect.
                                 ______
                                 
  SA 190. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 535, after line 17, add the following:

     SEC. ____. EXTENSION OF LOW-INCOME HOUSING CREDIT RULES FOR 
                   BUILDINGS IN GO ZONES.

       (a) Time for Making Low-Income Housing Credit 
     Allocations.--Section 1400N(c)(5) is amended by striking 
     ``January 1, 2011'' and inserting ``January 1, 2013''.
       (b) Period for Treating GO Zones as Difficult Development 
     Areas.--Section 1400N(c)(3)(A) is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2012''.
                                 ______
                                 
  SA 191. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 122, after line 23, add the following:

     SEC. __. ENVIRONMENTAL CERTIFICATION REQUIREMENT.

       Before any funds made available under this Act to carry out 
     a project may be obligated for the project, the head of the 
     Federal agency responsible for the project shall certify that 
     all reviews and consultations required by law that are 
     intended to protect human health or the health of the natural 
     environment have been completed, including those required 
     by--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.) (including all required consultations under that Act); 
     and
       (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.).
                                 ______
                                 
  SA 192. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 70, line 16, insert ``renewable energy construction 
     grants under section 803 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17282), geothermal energy 
     programs and grants under sections 613, 614, 615, and 625 of 
     the Energy Independence and Security Act of 2007 (42 U.S.C. 
     17192, 17193, 17194, 17204) and the marine and hydrokinetic 
     renewable energy technologies program established under 
     section 633 of that Act (42 U.S.C. 17212), and for'' after 
     ``available for''.
       On page 70, line 22, strike ``That the remaining 
     $2,100,000,000'' and insert ``That, of the remaining 
     $2,100,000,000, $180,000,000 shall be available for renewable 
     energy construction grants under section 803 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17282), 
     geothermal energy programs and grants under sections 613, 
     614, 615, and 625 of that Act (42 U.S.C. 17192, 17193, 17194, 
     17204), and the marine and hydrokinetic renewable energy 
     technologies program established under section 633 of that 
     Act (42 U.S.C. 17212) and $1,920,000,000''.
                                 ______
                                 
  SA 193. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 70, line 22, insert ``, to remain available for 
     expenditure only until September 30, 2010,'' after 
     ``$2,100,000,000''.
                                 ______
                                 
  SA 194. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 73, line 1, insert ``for expenditure only'' after 
     ``remain available''.
                                 ______
                                 
  SA 195. Mr. BINGAMAN (for himself, Mrs. Boxer, Mr. Wyden, Mr. Kerry, 
Mr. Tester, Mr. Udall, of New Mexico, and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 122, after line 23, add the following:
       Sec. 70_. (a) In addition to amounts made available by this 
     title, there shall be made available--
       (1) for ``Operation of the National Park System'', 
     $142,000,000;
       (2) for ``National Park Service Construction'', 
     $811,000,000;
       (3) for ``Historic Preservation Fund'', $45,000,000;
       (4) for ``Land Acquisition and State Assistance'', 
     $100,000,000 to be derived from the land and water 
     conservation fund established under section 2 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) to 
     provide financial assistance to States in accordance with 
     section 6 of that Act (16 U.S.C. 460l-8), subject to 
     subsection (b);
       (5) for ``United States Fish and Wildlife Service Resource 
     Management'', $110,000,000;
       (6) for ``United States Fish and Wildlife Service 
     Construction'', $15,000,000;
       (7) for ``State and Tribal Wildlife Grants'', $50,000,000 
     for wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally recognized Indian tribes under the Fish and 
     Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and the Fish 
     and Wildlife Coordination Act (16 U.S.C. 661 et seq.) for the 
     development and implementation of programs for the benefit of 
     wildlife and wildlife habitat, including species that are not 
     hunted or fished;
       (8) for ``Bureau of Land Management Management of Lands and 
     Resources'', $350,000,000;
       (9) for ``Bureau of Land Management Wildland Fire 
     Management'', $20,000,000;

[[Page S1466]]

       (10) for ``Forest Service Capital Improvement and 
     Maintenance'', $50,000,000;
       (11) for ``Forest Service Wildland Fire Management'', 
     $850,000,000, of which $250,000,000 shall be available for 
     work on State and private land; and
       (12) for ``Bureau of Indian Affairs Operations'', 
     $15,000,000.
       (b) Amounts made available under subsection (a)(4) shall 
     not be used for land acquisition.
       (c) Amounts made available under subsection (a)--
       (1) shall remain available until September 30, 2010; and
       (2) are designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to section 204(a) 
     of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of 
     S. Con. Res. 70 (110th Congress), the concurrent resolutions 
     on the budget for fiscal years 2008 and 2009.
       (d) Amounts made available by this title for ``Forest 
     Service Capital Improvement and Maintenance'' may be--
       (1) used for reconstruction, improvement, decommissioning, 
     and maintenance of roads, trails, bridges, and dams; and
       (2) transferred to the ``National Forest System'' account 
     and other appropriate accounts of the Forest Service.
       (e) Amounts made available by this title for ``Forest 
     Service Wildland Fire Management'' may be--
       (1) used for forest, rangeland, and watershed 
     rehabilitation and restoration activities; and
       (2) transferred to the ``National Forest System'' account, 
     the ``State and Private Forestry'' account, and other 
     appropriate accounts of the Forest Service.
                                 ______
                                 
  SA 196. Mrs. McCASKILL submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 91, after line 23, insert the following:

                    Office of Management and Budget

                         salaries and expenses

       For an additional amount for the Recovery, Accountability, 
     and Transparency Website established under section 1551, 
     $30,000,000: Provided, That this amount is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009.

       On page 422, strike lines 4 through 14, and insert the 
     following:
       (4) The website shall include a link to the website 
     established and maintained by the Office of Management and 
     Budget under section 1551.

       On page 422, line 15, strike ``(6)'' and insert ``(5)''.

       On page 422, line 18, strike ``(7)'' and insert ``(6)''.

       On page 428, between lines 11 and 12, insert the following:

     Subtitle D--Recovery, Accountability, and Transparency Website

     SEC. 1551. ESTABLISHMENT OF THE RECOVERY, ACCOUNTABILITY, AND 
                   TRANSPARENCY WEBSITE.

       (a) In General.--The Director of the Office of Management 
     and Budget shall establish and maintain the Recovery, 
     Accountability, and Transparency Website to foster greater 
     accountability and transparency in the use of covered funds.
       (b) Date of Establishment.--The Director shall establish 
     the website required under this section not later than 30 
     days after the date of enactment of this Act.

     SEC. 1552. WEBSITE.

       (a) Purpose.--The website established and maintained under 
     section 1551 shall be a publicly available portal or gateway 
     to provide the public full transparency and accountability of 
     covered funds with timely availability of information and 
     accounting of covered funds expended at the Federal, State, 
     and local level.
       (b) Content and Function.--In establishing the website 
     established and maintained under section 1551, the Director 
     of the Office of Management and Budget shall ensure the 
     following:
       (1) The website shall include information on relevant, 
     economic, financial, grant, and contract information in user-
     friendly visual presentations.
       (2) At a minimum, the website shall include detailed 
     information on government contracts and grants, including 
     Federal, State, and local contracts and grants and any 
     subsequent subcontracts, including those made by 1 private 
     entity to another, that expend covered funds to include--
       (A) information about the competitiveness of the 
     contracting process;
       (B) notification of solicitations for contracts to be 
     awarded;
       (C) information about the process that was used for the 
     award of contracts;
       (D) information about the recipient of the contract to 
     include the scope and statement of work under the contract;
       (E) the dollar value of the contract;
       (F) an estimate of the jobs sustained or created through 
     execution of the contract including an explanation of the 
     estimate;
       (G) an estimate of the start date for any project using 
     covered funds and a corresponding end date for the project;
       (H) information confirming the certification required under 
     section 1605 for the receipt of any covered funds; and
       (I) any other information as the Director determines 
     necessary.
       (3) The website shall be fully available to the public.
       (4) Information included on the website shall be available 
     in printable formats, to include information on covered funds 
     obligated in each State and each congressional district.
       (5) The website shall provide the information required 
     under paragraph (2) not later than 30 days after the 
     obligation or award of funds.
       (6) The website shall be searchable by project type, 
     geographic region, level of government executions and as 
     otherwise determined necessary by the Director.
       (7) The website shall include appropriate links to other 
     Government websites with information concerning covered funds 
     including, at a minimum, the Board website established under 
     section 1519.
       (c) Compliance.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, as a condition of receipt of funds 
     under this Act, each agency shall require any recipient of 
     such funds, whether from a Federal, State, or local contract 
     or grant or otherwise, to provide the information required 
     under subsection (b)(2).
       (2) Information provided by recipients.--All information 
     required to be made by recipients of covered funds under 
     paragraph (1) shall be--
       (A) provided not later than 30 days after the receipt of 
     such funds; and
       (B) updated not later than 30 days after any material 
     changes in the execution of such funds.
       (3) User-friendly means for compliance.--In coordination 
     with agencies and State and local governments, the Director 
     of the Office of Management and Budget shall provide for 
     user-friendly means for recipients of covered funds to meet 
     the requirements of this subsection.
       (d) Waiver.--The Board may exclude posting contractual or 
     other information on the website on a case-by-case basis when 
     necessary to protect national security.

     SEC. 1553. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $30,000,000 to 
     carry out this subtitle.
                                 ______
                                 
  SA 197. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE, ETC.

       (a) Short Title.--This Act may be cited as the ``Economic 
     Recovery Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title, etc.

                        TITLE I--TAX PROVISIONS

Sec. 100. References.

    Subtitle A--Reduction in Individual Tax Rates For 2009 and 2010

Sec. 101. 10 percent rate bracket for individuals reduced to 5 percent 
              for 2009 and 2010.
Sec. 102. 15 percent rate bracket for individuals reduced to 10 percent 
              for 2009 and 2010.

       Subtitle B--Alternative Minimum Tax Relief For Individuals

Sec. 111. Extension of alternative minimum tax relief for nonrefundable 
              personal credits.
Sec. 112. Increase in alternative minimum tax exemption amounts for 
              2009 and 2010.

                Subtitle C--First-Time Homebuyer Credit

Sec. 121. Extension and modification of first-time homebuyer credit.

                Subtitle D--Tax Incentives For Business

                Part 1--Temporary Investment Incentives

Sec. 131. Special allowance for certain property acquired during 2009.
Sec. 132. Temporary increase in limitations on expensing of certain 
              depreciable business assets.

              Part 2--5-Year Carryback of Operating Losses

Sec. 136. 5-year carryback of operating losses.
Sec. 137. Exception for TARP recipients.

[[Page S1467]]

         Part 3--Deduction For Qualified Small Business Income

Sec. 141. Deduction for qualified small business income.

      Part 4--Repeal of Withholding Tax on Government Contractors

Sec. 146. Repeal of withholding tax on government contractors.

     Subtitle E--Deduction For Qualified Health Insurance Costs of 
                              Individuals

Sec. 151. Above-the-line deduction for qualified health insurance costs 
              of individuals.

Subtitle F--Temporary Exclusion of Unemployment Compensation From Gross 
                                 Income

Sec. 161. Temporary exclusion of unemployment compensation from gross 
              income.

          Subtitle G--No Impact on Social Security Trust Funds

Sec. 171. No impact on social security trust funds.

              TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS

Sec. 200. Short title.
Sec. 201. Extension of emergency unemployment compensation program.
Sec. 202. Additional eligibility requirements for emergency 
              unemployment compensation.
Sec. 203. Special transfers.

            TITLE III--NO TAX INCREASES TO PAY FOR SPENDING

Sec. 301. No Tax Increases to Pay for Spending.

                        TITLE I--TAX PROVISIONS

     SEC. 100. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

    Subtitle A--Reduction in Individual Tax Rates For 2009 and 2010

     SEC. 101. 10 PERCENT RATE BRACKET FOR INDIVIDUALS REDUCED TO 
                   5 PERCENT FOR 2009 AND 2010.

       (a) In General.--Clause (i) of section 1(i)(1)(A) is 
     amended by inserting ``(5 percent in the case of any taxable 
     year beginning in 2009 or 2010)'' after ``10 percent''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 102. 15 PERCENT RATE BRACKET FOR INDIVIDUALS REDUCED TO 
                   10 PERCENT FOR 2009 AND 2010.

       (a) In General.--Subsection (i) of section 1 is amended by 
     redesignating paragraph (3) as paragraph (4) and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) Reduction in 15 percent rate for 2009 and 2010.--In 
     the case of any taxable year beginning in 2009 or 2010, `10 
     percent' shall be substituted for `15 percent' in the tables 
     under subsections (a), (b), (c), (d), and (e). The preceding 
     sentence shall be applied after application of paragraph 
     (1).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

       Subtitle B--Alternative Minimum Tax Relief For Individuals

     SEC. 111. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR 
                   NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) (relating 
     to special rule for taxable years 2000 through 2008) is 
     amended--
       (1) by striking ``or 2008'' and inserting ``2008, 2009, or 
     2010'', and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2010''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 112. INCREASE IN ALTERNATIVE MINIMUM TAX EXEMPTION 
                   AMOUNTS FOR 2009 AND 2010.

       (a) In General.--Paragraph (1) of section 55(d) (relating 
     to exemption amount) is amended--
       (1) by striking ``($69,950 in the case of taxable years 
     beginning in 2008)'' in subparagraph (A) and inserting 
     ``($55,000 in the case of taxable years beginning in 2009 or 
     2010)'', and
       (2) by striking ``($46,200 in the case of taxable years 
     beginning in 2008)'' in subparagraph (B) and inserting 
     ``($38,750 in the case of taxable years beginning in 2009 or 
     2010)''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

                Subtitle C--First-Time Homebuyer Credit

     SEC. 121. EXTENSION AND MODIFICATION OF FIRST-TIME HOMEBUYER 
                   CREDIT.

       (a) Extension of Credit.--Subsection (i) of section 36 (as 
     redesignated by subsection (d)) is amended by striking ``July 
     1, 2009'' and inserting ``January 1, 2010''.
       (b) Repeal of First-Time Homebuyer Requirement.--
       (1) In general.--Subsection (a) of section 36 is amended by 
     striking ``an individual who is a first-time homebuyer of a 
     principal residence'' and inserting ``an individual who 
     purchases a principal residence''.
       (2) Conforming amendments.--
       (A) Section 36(b)(1)(A) is amended by inserting ``with 
     respect to any taxpayer for any taxable year'' after 
     ``subsection (a)''.
       (B) Section 36(c) is amended by striking paragraph (1) and 
     by redesignating paragraphs (2) through (5) as paragraphs (1) 
     through (4), respectively.
       (C) The heading of section 36 (and the item relating to 
     such section in the table of sections for subpart C of part 
     IV of subchapter A of chapter 1) are amended by striking 
     ``first-time homebuyer'' and inserting ``homebuyer''.
       (c) Repeal of Recapture Rules.--
       (1) In general.--Paragraph (4) of section 36(f) is amended 
     by adding at the end the following new subparagraph:
       ``(D) Waiver of recapture for purchases in 2009.--In the 
     case of any credit allowed with respect to the purchase of a 
     principal residence after December 31, 2008--
       ``(i) paragraph (1) shall not apply, and
       ``(ii) paragraph (2) shall apply only if the disposition or 
     cessation described in paragraph (2) with respect to such 
     residence occurs during the 36-month period beginning on the 
     date of the purchase of such residence by the taxpayer.''.
       (2) Conforming amendment.--Subsection (g) of section 36 is 
     amended by striking ``subsection (c)'' and inserting 
     ``subsections (c) and (f)(4)(D)''.
       (d) Downpayment Requirement.--Section 36 is amended by 
     redesignating subsection (h) as subsection (i) and by 
     inserting after subsection (g) the following new subsection:
       ``(h) Downpayment Requirement.--No credit shall be allowed 
     under subsection (a) to any taxpayer with respect to the 
     purchase of any residence unless such taxpayer makes a 
     downpayment of not less 5 percent of the purchase price of 
     such residence. For purposes of the preceding sentence, an 
     amount shall not be treated as a downpayment if such amount 
     is repayable by the taxpayer to any other person.''.
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to residences 
     purchased after December 31, 2008.
       (2) Downpayment requirement.--The amendment made by 
     subsection (d) shall apply to residences purchased after the 
     date of the enactment of this Act.

                Subtitle D--Tax Incentives For Business

                PART 1--TEMPORARY INVESTMENT INCENTIVES

     SEC. 131. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED 
                   DURING 2009.

       (a) In General.--Paragraph (2) of section 168(k) is 
     amended--
       (1) by striking ``January 1, 2010'' and inserting ``January 
     1, 2011'', and
       (2) by striking ``January 1, 2009'' each place it appears 
     and inserting ``January 1, 2010''.
       (b) Conforming Amendments.--
       (1) The heading for subsection (k) of section 168 is 
     amended by striking ``January 1, 2009'' and inserting 
     ``January 1, 2010''.
       (2) The heading for clause (ii) of section 168(k)(2)(B) is 
     amended by striking ``pre-january 1, 2009'' and inserting 
     ``pre-january 1, 2010''.
       (3) Subparagraph (D) of section 168(k)(4) is amended--
       (A) by striking ``and'' at the end of clause (i),
       (B) by redesignating clause (ii) as clause (v), and
       (C) by inserting after clause (i) the following new 
     clauses:
       ``(ii) `April 1, 2008' shall be substituted for `January 1, 
     2008' in subparagraph (A)(iii)(I) thereof,
       ``(iii) `January 1, 2009' shall be substituted for `January 
     1, 2010' each place it appears,
       ``(iv) `January 1, 2010' shall be substituted for `January 
     1, 2011' in subparagraph (A)(iv) thereof, and''.
       (4) Subparagraph (B) of section 168(l)(5) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2010''.
       (5) Subparagraph (B) of section 1400N(d)(3) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2010''.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to property 
     placed in service after December 31, 2008, in taxable years 
     ending after such date.
       (2) Technical amendment.--Section 168(k)(4)(D)(ii) of the 
     Internal Revenue Code of 1986, as added by subsection 
     (b)(3)(C), shall apply to taxable years ending after March 
     31, 2008.

     SEC. 132. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF 
                   CERTAIN DEPRECIABLE BUSINESS ASSETS.

       (a) In General.--Paragraph (7) of section 179(b) is 
     amended--
       (1) by striking ``2008'' and inserting ``2008, or 2009'', 
     and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2008, and 2009''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

              PART 2--5-YEAR CARRYBACK OF OPERATING LOSSES

     SEC. 136. 5-YEAR CARRYBACK OF OPERATING LOSSES.

       (a) In General.--Subparagraph (H) of section 172(b)(1) is 
     amended to read as follows:
       ``(H) Carryback for 2008 and 2009 net operating losses.--
       ``(i) In general.--In the case of an applicable 2008 or 
     2009 net operating loss with respect to which the taxpayer 
     has elected the application of this subparagraph--

       ``(I) subparagraph (A)(i) shall be applied by substituting 
     any whole number elected by the taxpayer which is more than 2 
     and less than 6 for `2',
       ``(II) subparagraph (E)(ii) shall be applied by 
     substituting the whole number which is

[[Page S1468]]

     one less than the whole number substituted under subclause 
     (II) for `2', and
       ``(III) subparagraph (F) shall not apply.

       ``(ii) Applicable 2008 or 2009 net operating loss.--For 
     purposes of this subparagraph, the term `applicable 2008 or 
     2009 net operating loss' means--

       ``(I) the taxpayer's net operating loss for any taxable 
     year ending in 2008 or 2009, or
       ``(II) if the taxpayer elects to have this subclause apply 
     in lieu of subclause (I), the taxpayer's net operating loss 
     for any taxable year beginning in 2008 or 2009.

       ``(iii) Election.--Any election under this subparagraph 
     shall be made in such manner as may be prescribed by the 
     Secretary, and shall be made by the due date (including 
     extension of time) for filing the taxpayer's return for the 
     taxable year of the net operating loss. Any such election, 
     once made, shall be irrevocable.
       ``(iv) Coordination with alternative tax net operating loss 
     deduction.--In the case of a taxpayer who elects to have 
     clause (ii)(II) apply, section 56(d)(1)(A)(ii) shall be 
     applied by substituting `ending during 2001 or 2002 or 
     beginning during 2008 or 2009' for `ending during 2001, 2002, 
     2008, or 2009'.''.
       (b) Alternative Tax Net Operating Loss Deduction.--
     Subclause (I) of section 56(d)(1)(A)(ii) is amended to read 
     as follows:

       ``(I) the amount of such deduction attributable to the sum 
     of carrybacks of net operating losses from taxable years 
     ending during 2001, 2002, 2008, or 2009 and carryovers of net 
     operating losses to such taxable years, or''.

       (c) Loss From Operations of Life Insurance Companies.--
     Subsection (b) of section 810 is amended by adding at the end 
     the following new paragraph:
       ``(4) Carryback for 2008 and 2009 losses.--
       ``(A) In general.--In the case of an applicable 2008 or 
     2009 loss from operations with respect to which the taxpayer 
     has elected the application of this paragraph, paragraph 
     (1)(A) shall be applied, at the election of the taxpayer, by 
     substituting `5' or `4' for `3'.
       ``(B) Applicable 2008 or 2009 loss from operations.--For 
     purposes of this paragraph, the term `applicable 2008 or 2009 
     loss from operations' means--
       ``(i) the taxpayer's loss from operations for any taxable 
     year ending in 2008 or 2009, or
       ``(ii) if the taxpayer elects to have this clause apply in 
     lieu of clause (i), the taxpayer's loss from operations for 
     any taxable year beginning in 2008 or 2009.
       ``(C) Election.--Any election under this paragraph shall be 
     made in such manner as may be prescribed by the Secretary, 
     and shall be made by the due date (including extension of 
     time) for filing the taxpayer's return for the taxable year 
     of the loss from operations. Any such election, once made, 
     shall be irrevocable.
       ``(D) Coordination with alternative tax net operating loss 
     deduction.--In the case of a taxpayer who elects to have 
     subparagraph (B)(ii) apply, section 56(d)(1)(A)(ii) shall be 
     applied by substituting `ending during 2001 or 2002 or 
     beginning during 2008 or 2009' for `ending during 2001, 2002, 
     2008, or 2009'.''.
       (d) Conforming Amendment.--Section 172 is amended by 
     striking subsection (k).
       (e) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to net operating losses arising in taxable years ending after 
     December 31, 2007.
       (2) Alternative tax net operating loss deduction.--The 
     amendment made by subsection (b) shall apply to taxable years 
     ending after 1997.
       (3) Loss from operations of life insurance companies.--The 
     amendment made by subsection (d) shall apply to losses from 
     operations arising in taxable years ending after December 31, 
     2007.
       (4) Transitional rule.--In the case of a net operating loss 
     (or, in the case of a life insurance company, a loss from 
     operations) for a taxable year ending before the date of the 
     enactment of this Act--
       (A) any election made under section 172(b)(3) or 810(b)(3) 
     of the Internal Revenue Code of 1986 with respect to such 
     loss may (notwithstanding such section) be revoked before the 
     applicable date,
       (B) any election made under section 172(b)(1)(H) or 
     810(b)(4) of such Code with respect to such loss shall 
     (notwithstanding such section) be treated as timely made if 
     made before the applicable date, and
       (C) any application under section 6411(a) of such Code with 
     respect to such loss shall be treated as timely filed if 
     filed before the applicable date.
     For purposes of this paragraph, the term ``applicable date'' 
     means the date which is 60 days after the date of the 
     enactment of this Act.

     SEC. 137. EXCEPTION FOR TARP RECIPIENTS.

       The amendments made by this part shall not apply to--
       (1) any taxpayer if--
       (A) the Federal Government acquires, at any time, an equity 
     interest in the taxpayer pursuant to the Emergency Economic 
     Stabilization Act of 2008, or
       (B) the Federal Government acquires, at any time, any 
     warrant (or other right) to acquire any equity interest with 
     respect to the taxpayer pursuant to such Act,
       (2) the Federal National Mortgage Association and the 
     Federal Home Loan Mortgage Corporation, and
       (3) any taxpayer which at any time in 2008 or 2009 is a 
     member of the same affiliated group (as defined in section 
     1504 of the Internal Revenue Code of 1986, determined without 
     regard to subsection (b) thereof) as a taxpayer described in 
     paragraph (1) or (2).

         PART 3--DEDUCTION FOR QUALIFIED SMALL BUSINESS INCOME

     SEC. 141. DEDUCTION FOR QUALIFIED SMALL BUSINESS INCOME.

       (a) In General.--Paragraph (1) of section 199(a) is amended 
     to read as follows:
       ``(1) In general.--There shall be allowed as a deduction an 
     amount equal to the sum of--
       ``(A) 9 percent of the lesser of--
       ``(i) the qualified production activities income of the 
     taxpayer for the taxable year, or
       ``(ii) taxable income (determined without regard to this 
     section) for the taxable year, and
       ``(B) in the case of a qualified small business for a 
     taxable year beginning in 2009 or 2010, 20 percent of the 
     lesser of--
       ``(i) the qualified small business income of the taxpayer 
     for the taxable year, or
       ``(ii) taxable income (determined without regard to this 
     section) for the taxable year.''.
       (b) Qualified Small Business; Qualified Small Business 
     Income.--Section 199 is amended by adding at the end the 
     following new subsection:
       ``(e) Qualified Small Business; Qualified Small Business 
     Income.--
       ``(1) Qualified small business.--
       ``(A) In general.--For purposes of this section, the term 
     `qualified small business' means any taxpayer for any taxable 
     year if the annual average number of employees employed by 
     such taxpayer during such taxable year was 500 or fewer.
       ``(B) Aggregation rule.--For purposes of subparagraph (A), 
     any person treated as a single employer under subsection (a) 
     or (b) of section 52 (applied without regard to section 
     1563(b)) or subsection (m) or (o) of section 414 shall be 
     treated as 1 taxpayer for purposes of this subsection.
       ``(C) Special rule.--If a taxpayer is treated as a 
     qualified small business for any taxable year, the taxpayer 
     shall not fail to be treated as a qualified small business 
     for any subsequent taxable year solely because the number of 
     employees employed by such taxpayer during such subsequent 
     taxable year exceeds 500. The preceding sentence shall cease 
     to apply to such taxpayer in the first taxable year in which 
     there is an ownership change (as defined by section 382(g) in 
     respect of a corporation, or by applying principles analogous 
     to such ownership change in the case of a taxpayer that is a 
     partnership) with respect to the stock (or partnership 
     interests) of the taxpayer.
       ``(2) Qualified small business income.--
       ``(A) In general.--For purposes of this section, the term 
     `qualified small business income' means the excess of--
       ``(i) the income of the qualified small business which--

       ``(I) is attributable to the actual conduct of a trade or 
     business,
       ``(II) is income from sources within the United States 
     (within the meaning of section 861), and
       ``(III) is not passive income (as defined in section 
     904(d)(2)(B)), over

       ``(ii) the sum of--

       ``(I) the cost of goods sold that are allocable to such 
     income, and
       ``(II) other expenses, losses, or deductions (other than 
     the deduction allowed under this section), which are properly 
     allocable to such income.

       ``(B) Exceptions.--The following shall not be treated as 
     income of a qualified small business for purposes of 
     subparagraph (A):
       ``(i) Any income which is attributable to any property 
     described in section 1400N(p)(3).
       ``(ii) Any income which is attributable to the ownership or 
     management of any professional sports team.
       ``(iii) Any income which is attributable to a trade or 
     business described in subparagraph (B) of section 1202(e)(3).
       ``(iv) Any income which is attributable to any property 
     with respect to which records are required to be maintained 
     under section 2257 of title 18, United States Code.
       ``(C) Allocation rules, etc.--Rules similar to the rules of 
     paragraphs (2), (3), (4)(D), and (7) of subsection (c) shall 
     apply for purposes of this paragraph.
       ``(3) Special rules.--Except as otherwise provided by the 
     Secretary, rules similar to the rules of subsection (d) shall 
     apply for purposes of this subsection.''.
       (c) Conforming Amendment.--Section 199(a)(2) is amended by 
     striking ``paragraph (1)'' and inserting ``paragraph 
     (1)(A)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

      PART 4--REPEAL OF WITHHOLDING TAX ON GOVERNMENT CONTRACTORS

     SEC. 146. REPEAL OF WITHHOLDING TAX ON GOVERNMENT 
                   CONTRACTORS.

       Section 3402 is amended by striking subsection (t).

     Subtitle E--Deduction For Qualified Health Insurance Costs of 
                              Individuals

     SEC. 151. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED HEALTH 
                   INSURANCE COSTS OF INDIVIDUALS.

       (a) In General.--Part VII of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to additional 
     itemized deductions) is amended by redesignating section 224 
     as section 225 and by inserting after section 223 the 
     following new section:

     ``SEC. 224. COSTS OF QUALIFIED HEALTH INSURANCE.

       ``(a) In General.--In the case of an individual, there 
     shall be allowed as a deduction an amount equal to the amount 
     paid during

[[Page S1469]]

     the taxable year for coverage for the taxpayer, his spouse, 
     and dependents under qualified health insurance.
       ``(b) Qualified Health Insurance.--For purposes of this 
     section, the term `qualified health insurance' means 
     insurance which constitutes medical care; except that such 
     term shall not include any insurance if substantially all of 
     its coverage is of excepted benefits described in section 
     9832(c).
       ``(c) Special Rules.--
       ``(1) Coordination with medical deduction, etc.--Any amount 
     paid by a taxpayer for insurance to which subsection (a) 
     applies shall not be taken into account in computing the 
     amount allowable to the taxpayer as a deduction under section 
     162(l) or 213(a). Any amount taken into account in 
     determining the credit allowed under section 35 shall not be 
     taken into account for purposes of this section.
       ``(2) Deduction not allowed for self-employment tax 
     purposes.--The deduction allowable by reason of this section 
     shall not be taken into account in determining an 
     individual's net earnings from self-employment (within the 
     meaning of section 1402(a)) for purposes of chapter 2.''.
       (b) Deduction Allowed in Computing Adjusted Gross Income.--
     Subsection (a) of section 62 of such Code is amended by 
     inserting before the last sentence the following new 
     paragraph:
       ``(22) Costs of qualified health insurance.--The deduction 
     allowed by section 224.''.
       (c) Clerical Amendment.--The table of sections for part VII 
     of subchapter B of chapter 1 of such Code is amended by 
     redesignating the item relating to section 224 as an item 
     relating to section 225 and inserting before such item the 
     following new item:

``Sec. 224. Costs of qualified health insurance.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

Subtitle F--Temporary Exclusion of Unemployment Compensation From Gross 
                                 Income

     SEC. 161. TEMPORARY EXCLUSION OF UNEMPLOYMENT COMPENSATION 
                   FROM GROSS INCOME.

       (a) In General.--Section 85 is amended by adding at the end 
     the following new subsection:
       ``(c) Exclusion of Amounts Received in 2008 and 2009.--
     Subsection (a) shall not apply to any unemployment 
     compensation received in 2008 or 2009.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to amounts received after December 31, 2007.

          Subtitle G--No Impact on Social Security Trust Funds

     SEC. 171. NO IMPACT ON SOCIAL SECURITY TRUST FUNDS.

       (a) Estimate by Secretary of the Treasury.--The Secretary 
     of the Treasury shall annually estimate the impact that the 
     enactment of this Act has on the income and balances of the 
     trust funds established under section 201 or 1817 of the 
     Social Security Act (42 U.S.C. 401, 1395i).
       (b) Transfer of Funds.--If, under subsection (a), the 
     Secretary of the Treasury estimates that the enactment of 
     this Act has a negative impact on the income and balances of 
     the trust funds established under section 201 or 1817 of the 
     Social Security Act (42 U.S.C. 401, 1395i), the Secretary 
     shall transfer, not less frequently than quarterly, from the 
     general revenues of the Federal Government an amount 
     sufficient so as to ensure that the income and balances of 
     such trust funds are not reduced as a result of the enactment 
     of this Act.

              TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS

     SEC. 200. SHORT TITLE.

       This title may be cited as the ``Assistance for Unemployed 
     Workers Act''.

     SEC. 201. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION 
                   PROGRAM.

       (a) In General.--Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note), as amended by section 4 of the Unemployment 
     Compensation Extension Act of 2008 (Public Law 110-449; 122 
     Stat. 5015), is amended--
       (1) by striking ``March 31, 2009'' each place it appears 
     and inserting ``December 31, 2009'';
       (2) in the heading for subsection (b)(2), by striking 
     ``march 31, 2009'' and inserting ``december 31, 2009''; and
       (3) in subsection (b)(3), by striking ``August 27, 2009'' 
     and inserting ``May 31, 2010''.
       (b) Financing Provisions.--Section 4004 of such Act is 
     amended by adding at the end the following:
       ``(e) Transfer of Funds.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall 
     transfer from the general fund of the Treasury (from funds 
     not otherwise appropriated)--
       ``(1) to the extended unemployment compensation account (as 
     established by section 905 of the Social Security Act) such 
     sums as the Secretary of Labor estimates to be necessary to 
     make payments to States under this title by reason of the 
     amendments made by section 201(a) of the Assistance for 
     Unemployed Workers Act; and
       ``(2) to the employment security administration account (as 
     established by section 901 of the Social Security Act) such 
     sums as the Secretary of Labor estimates to be necessary for 
     purposes of assisting States in meeting administrative costs 
     by reason of the amendments referred to in paragraph (1).
     There are appropriated from the general fund of the Treasury, 
     without fiscal year limitation, the sums referred to in the 
     preceding sentence and such sums shall not be required to be 
     repaid.''.

     SEC. 202. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR EMERGENCY 
                   UNEMPLOYMENT COMPENSATION.

       Section 4001 of the Supplemental Appropriations Act, 2008 
     (Public Law 110-252; 26 U.S.C. 3304 note) is amended by 
     adding at the end the following:

                 ``Additional Eligibility Requirements

       ``(g)(1) In General.--A State shall require as a condition 
     of eligibility for emergency unemployment compensation under 
     this Act for any week--
       ``(A) in the case of any individual described in paragraph 
     (2), that such individual--
       ``(i) have a secondary school diploma or its recognized 
     equivalent; or
       ``(ii) be making satisfactory progress in a program that 
     leads to a secondary school diploma or its recognized 
     equivalent; and
       ``(B) in the case of any individual described in paragraph 
     (3), that such individual participate in reemployment 
     services or in similar services (or, if such services were 
     ongoing as of when such individual most recently exhausted 
     regular compensation before seeking emergency unemployment 
     compensation, that such individual continue to participate in 
     such services), unless the State agency charged with the 
     administration of the State law determines that--
       ``(i) such individual has completed such services as of a 
     date subsequent to the commencement of emergency unemployment 
     compensation; or
       ``(ii) there is justifiable cause for such individual's 
     failure to participate in such services.
       ``(2) Individuals to Whom Paragraph (1)(A) Applies.--The 
     requirements of paragraph (1)(A) shall apply in the case of 
     any individual who was under age 30 at the time of filing an 
     initial claim for the regular compensation that such 
     individual most recently exhausted before seeking emergency 
     unemployment compensation.
       ``(3) Individuals to Whom Paragraph (1)(B) Applies.--The 
     requirements of paragraph (1)(B) shall apply in the case of 
     any individual who, as of the time of filing an initial claim 
     for the regular compensation that such individual most 
     recently exhausted before seeking emergency unemployment 
     compensation, was identified under the State profiling system 
     (described in section 303(j) of the Social Security Act) as 
     being a claimant who--
       ``(A) was likely to exhaust regular compensation; and
       ``(B) would need job search assistance services to make a 
     successful transition to new employment.
       ``(4) Effective Date.--This subsection shall apply in the 
     case of any individual filing an initial application for 
     emergency unemployment compensation after the end of the 3-
     month period beginning on the date of the enactment of this 
     subsection.''.

     SEC. 203. SPECIAL TRANSFERS.

       (a) In General.--Section 903 of the Social Security Act (42 
     U.S.C. 1103) is amended by adding at the end the following:

          ``Special Transfer in Fiscal Year 2009 for Benefits

       ``(f)(1) In addition to any other amounts, the Secretary of 
     the Treasury shall transfer from the Federal unemployment 
     account to the account of each State in the Unemployment 
     Trust Fund, within 30 days after the date of the enactment of 
     this subsection, the amount determined with respect to such 
     State under paragraph (2).
       ``(2) The amount to be transferred under this subsection to 
     a State account shall (as determined by the Secretary of 
     Labor and certified by such Secretary to the Secretary of the 
     Treasury) be equal to the amount obtained by multiplying 
     $7,000,000,000 by the same ratio as would apply under 
     subsection (a)(2)(B) for purposes of determining such State's 
     share of any excess amount (as described in subsection 
     (a)(1)) that would have been subject to transfer to State 
     accounts, as of October 1, 2008, under the provisions of 
     subsection (a).
       ``(3) Any amount transferred to the account of a State as a 
     result of the enactment of this subsection may be used by the 
     State agency of such State only in the payment of cash 
     benefits to individuals with respect to their unemployment, 
     exclusive of expenses of administration.

       ``Special Transfer in Fiscal Year 2009 for Administration

       ``(g)(1) In addition to any other amounts, the Secretary of 
     the Treasury shall transfer from the employment security 
     administration account to the account of each State in the 
     Unemployment Trust Fund, within 30 days after the date of the 
     enactment of this subsection, the amount determined with 
     respect to such State under paragraph (2).
       ``(2) The amount to be transferred under this subsection to 
     a State account shall (as determined by the Secretary of 
     Labor and certified by such Secretary to the Secretary of the 
     Treasury) be equal to the amount obtained by multiplying 
     $500,000,000 by the same ratio as determined under subsection 
     (f)(2) with respect to such State.
       ``(3) Any amount transferred to the account of a State as a 
     result of the enactment of this subsection may be used by the 
     State agency of such State only in the payment of expenses 
     incurred by it for--
       ``(A) the improvement of unemployment benefit and 
     unemployment tax operations,

[[Page S1470]]

     including responding to increased demand for unemployment 
     compensation; and
       ``(B) staff-assisted reemployment services for unemployment 
     compensation claimants.''.
       (b) Regulations.--The Secretary of Labor may prescribe any 
     regulations, operating instructions, or other guidance 
     necessary to carry out the amendment made by subsection (a).

            TITLE III--NO TAX INCREASES TO PAY FOR SPENDING

     SEC. 301. NO TAX INCREASES TO PAY FOR SPENDING.

       (a) Findings.--The Congress finds that--
       (1) according to the economic forecast released by the non-
     partisan Congressional Budget Office on January 7, 2009, 
     unemployment in the United States is expected to be above the 
     level estimated for calendar year 2008 until the year 2015, 
     and
       (2) raising taxes on families and employers during times of 
     high unemployment delays economic recovery and the creation 
     of new jobs.
       (b) Declaration of Policy.--It is the policy of the United 
     States that--
       (1) outlays from the Treasury of the United States that 
     occur as a result of any provision of this Act shall not be 
     offset through the enactment of new legislation that results 
     in increases in revenues to the Treasury of the United 
     States, but, if such outlays are offset, such offsets shall 
     be through the enactment of legislation that results in a 
     reduction in other outlays, and
       (2) the effective rate of tax imposed on individuals or 
     businesses shall not be increased, whether by operation of a 
     provision of existing law or the enactment of new 
     legislation, during any year in which unemployment is 
     projected to exceed the level of unemployment for calendar 
     year 2008.
                                 ______
                                 
  SA 198. Mr. INHOFE (for himself and Mr. Thune) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 57, between lines 5 and 6, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available to any department or agency of the United States 
     Government by this Act or any other Act may be obligated or 
     expended for any of the following purposes:
       (1) To transfer any detainee of the United States housed at 
     Naval Station, Guantanamo Bay, Cuba, to any facility in the 
     United States or its territories.
       (2) To construct, improve, modify, or otherwise enhance any 
     facility in the United States or its territories for the 
     purpose of housing any detainee described in paragraph (1).
       (3) To house or otherwise incarcerate any detainee 
     described in paragraph (1) in the United States or its 
     territories.
                                 ______
                                 
  SA 199. Mr. LINCOLN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, after line 8, insert the following:

     SEC. --. EXTENSION OF REDUCTION IN RATE OF TAX ON QUALIFIED 
                   TIMBER GAIN OF CORPORATIONS.

       (a) In General.--Section 1201(b)(1) is amended by striking 
     ``1 year after such date'' and inserting ``3 years after such 
     date''.
       (b) Conforming Amendment.--Subparagraph (B) of section 
     1201(b)(3) is amended by striking ``1 year after such date'' 
     and inserting ``3 years after such date''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. --. EXTENSION OF TIMBER REIT MODERNIZATION AND 
                   MODIFCATION OF PROHIBITED TRANSACTION RULES FOR 
                   TIMBER PROPERTY.

       (a) In General.--Paragraph (8) of section 856(c) is 
     amended--
       (1) by striking ``the taxpayer's first taxable year'' and 
     inserting ``the taxpayer's third taxable year'', and
       (2) by striking ``1 year after such date'' and inserting 
     ``3 years after such date''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. --. EXTENSION OF QUALIFICATION OF MINERAL ROYALTY INCOME 
                   FOR TIMBER REITS.

       (a) In General.--Section 856(c)(2)(I) is amended by 
     inserting ``, second, or third'' after ``the first''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 200. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, between lines 8 and 9, insert the following:

     SEC. ___. TAXATION OF INCOME OF CONTROLLED FOREIGN 
                   CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY.

       (a) General Rule.--Subsection (a) of section 954 (defining 
     foreign base company income) is amended by striking the 
     period at the end of paragraph (5) and inserting ``, and'', 
     by redesignating paragraph (5) as paragraph (4), and by 
     adding at the end the following new paragraph:
       ``(5) imported property income for the taxable year 
     (determined under subsection (j) and reduced as provided in 
     subsection (b)(5)).''.
       (b) Definition of Imported Property Income.--Section 954 is 
     amended by adding at the end the following new subsection:
       ``(j) Imported Property Income.--
       ``(1) In general.--For purposes of subsection (a)(5), the 
     term `imported property income' means income (whether in the 
     form of profits, commissions, fees, or otherwise) derived in 
     connection with--
       ``(A) manufacturing, producing, growing, or extracting 
     imported property;
       ``(B) the sale, exchange, or other disposition of imported 
     property; or
       ``(C) the lease, rental, or licensing of imported property.

     Such term shall not include any foreign oil and gas 
     extraction income (within the meaning of section 907(c)) or 
     any foreign oil related income (within the meaning of section 
     907(c)).
       ``(2) Imported property.--For purposes of this subsection--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the term `imported property' means property which 
     is imported into the United States by the controlled foreign 
     corporation or a related person.
       ``(B) Imported property includes certain property imported 
     by unrelated persons.--The term `imported property' includes 
     any property imported into the United States by an unrelated 
     person if, when such property was sold to the unrelated 
     person by the controlled foreign corporation (or a related 
     person), it was reasonable to expect that--
       ``(i) such property would be imported into the United 
     States; or
       ``(ii) such property would be used as a component in other 
     property which would be imported into the United States.
       ``(C) Exception for property subsequently exported.--The 
     term `imported property' does not include any property which 
     is imported into the United States and which--
       ``(i) before substantial use in the United States, is sold, 
     leased, or rented by the controlled foreign corporation or a 
     related person for direct use, consumption, or disposition 
     outside the United States; or
       ``(ii) is used by the controlled foreign corporation or a 
     related person as a component in other property which is so 
     sold, leased, or rented.
       ``(D) Exception for certain agricultural commodities.--The 
     term `imported property' does not include any agricultural 
     commodity which is not grown in the United States in 
     commercially marketable quantities.
       ``(3) Definitions and special rules.--
       ``(A) Import.--For purposes of this subsection, the term 
     `import' means entering, or withdrawal from warehouse, for 
     consumption or use. Such term includes any grant of the right 
     to use intangible property (as defined in section 
     936(h)(3)(B)) in the United States.
       ``(B) United states.--For purposes of this subsection, the 
     term `United States' includes the Commonwealth of Puerto 
     Rico, the Virgin Islands of the United States, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.
       ``(C) Unrelated person.--For purposes of this subsection, 
     the term `unrelated person' means any person who is not a 
     related person with respect to the controlled foreign 
     corporation.
       ``(D) Coordination with foreign base company sales 
     income.--For purposes of this section, the term `foreign base 
     company sales income' shall not include any imported property 
     income.''.
       (c) Separate Application of Limitations on Foreign Tax 
     Credit for Imported Property Income.--
       (1) In general.--Paragraph (1) of section 904(d) (relating 
     to separate application of section with respect to certain 
     categories of income) is amended by striking ``and'' at the 
     end of subparagraph (A), by redesignating subparagraph (B) as 
     subparagraph (C), and by inserting after subparagraph (A) the 
     following new subparagraph:

[[Page S1471]]

       ``(B) imported property income, and''.
       (2) Imported property income defined.--Paragraph (2) of 
     section 904(d) is amended by redesignating subparagraphs (I), 
     (J), and (K) as subparagraphs (J), (K), and (L), 
     respectively, and by inserting after subparagraph (H) the 
     following new subparagraph:
       ``(I) Imported property income.--The term `imported 
     property income' means any income received or accrued by any 
     person which is of a kind which would be imported property 
     income (as defined in section 954(j)).''.
       (3) Conforming amendment.--Clause (ii) of section 
     904(d)(2)(A) is amended by inserting ``or imported property 
     income'' after ``passive category income''.
       (d) Technical Amendments.--
       (1) Clause (iii) of section 952(c)(1)(B) (relating to 
     certain prior year deficits may be taken into account) is 
     amended--
       (A) by redesignating subclauses (II), (III), (IV), and (V) 
     as subclauses (III), (IV), (V), and (VI), and
       (B) by inserting after subclause (I) the following new 
     subclause:

       ``(II) imported property income,''.

       (2) The last sentence of paragraph (4) of section 954(b) 
     (relating to exception for certain income subject to high 
     foreign taxes) is amended by striking ``subsection (a)(5)'' 
     and inserting ``subsection (a)(4)''.
       (3) Paragraph (5) of section 954(b) (relating to deductions 
     to be taken into account) is amended by striking ``and the 
     foreign base company oil related income'' and inserting ``the 
     foreign base company oil related income, and the imported 
     property income''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after the date of the enactment of this Act, and to 
     taxable years of United States shareholders within which or 
     with which such taxable years of such foreign corporations 
     end.
                                 ______
                                 
  SA 201. Mrs. KLOBUCHAR (for herself, Mr. Hatch, Mr. Bennett, and Mr. 
Kohl) submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 359, line 22, insert ``In promulgating such 
     regulations, the Secretary shall not require that data be de-
     identified or require valid authorization for use or 
     disclosure for activities described in paragraph (1) of the 
     definition of health care operations under such section 
     164.501.'' after ``disclosure.''.
       On page 360, line 6, insert at the end the following: 
     ``Nothing in this subsection may be construed to supersede 
     any provision under subsection (e) or section 13406(a).''.
                                 ______
                                 
  SA 202. Mr. SANDERS submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 244, between lines 2 and 3, insert the following:
       Sec. 12__.  Amounts made available under this title for 
     distribution by the Federal Highway Administration for 
     surface transportation projects shall not be subject to 
     section 133(c) of title 23, United States Code, or any other 
     provision of law that restricts the use of those funds for 
     projects relating to local or rural roads or bridges.
                                 ______
                                 
  SA 203. Mr. SANDERS (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 228, line 19, strike ``$20,000,000'' and insert 
     $1,000,000''.
                                 ______
                                 
  SA 204. Ms. LANDRIEU (for herself, Mr. Vitter, and Mr. Specter) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 61, line 22, strike ``$2,000,000,000'' and insert 
     ``$4,000,000,000''.
       On page 63, line 21, strike ``$500,000,000'' and insert 
     ``$1,000,000,000''.
       On page 65, line 4, strike ``$1,900,000,000'' and insert 
     ``$3,800,000,000''.
       On page 65, line 23, insert ``Provided further, That in any 
     case in which restoration or storm protection benefits are 
     available through the beneficial use of dredged material 
     produced by an operation and maintenance activity, that use, 
     up to an additional 15 percent of least-cost disposal, may be 
     required as part of the operation and maintenance activity 
     and budget:'' after ``complete:''.
       On page 67, line 15, strike ``$50,000,000'' and insert 
     ``$250,000,000''.
                                 ______
                                 
  SA 205. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 40, line 16, strike ``$427,000,000'' and insert 
     ``$627,000,000''.
       On page 61, line 22, strike ``$2,000,000,000'' and insert 
     ``$4,000,000,000''.
       On page 62, line 3, insert ``Provided further, That not 
     less than $1,000,000,000 of the funds provided shall be 
     provided for large-scale aquatic ecosystem restoration:'' 
     after ``assistance:''.
       On page 63, line 21, strike ``$500,000,000'' and insert 
     ``$1,000,000,000''.
       On page 65, line 4, strike ``$1,900,000,000'' and insert 
     ``$3,800,000,000''.
       On page 65, line 23, insert ``Provided further, That in any 
     case in which restoration or storm protection benefits are 
     available through the beneficial use of dredged material 
     produced by an operation and maintenance activity, that use, 
     up to an additional 15 percent of least-cost disposal, shall 
     be required as part of the operation and maintenance activity 
     and budget:'' after ``complete:''.
       On page 67, line 15, strike ``$50,000,000'' and insert 
     ``$250,000,000''.
       On page 114, line 24, strike ``$190,000,000'' and insert 
     ``$215,000,000''.
       On page 115, line 4, insert before the period at the end 
     the following: ``, of which not less than $50,000,000 shall 
     be used for habitat restoration projects (including grant 
     programs for wetlands restoration)''.
       On page 120, between lines 10 and 11, insert the following:

                 environmental programs and management

       For an additional amount for ``Environmental Programs and 
     Management,'' $1,000,000,000, for existing large-scale 
     aquatic ecosystem programs and related activities: Provided, 
     That funds provided under this heading shall be used only for 
     programs, projects, or activities that, as of the date of 
     enactment of this Act, receive funds provided in Acts making 
     appropriations available for the Department of the Interior, 
     the Environmental Protection Agency, and related agencies: 
     Provided further, That the Administrator of the Environmental 
     Protection Agency may waive cost-sharing requirements for the 
     use of funds made available under this heading.
                                 ______
                                 
  SA 206. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 61, line 22, strike ``$2,000,000,000'' and insert 
     ``$4,000,000,000''.
       On page 62, line 3, insert ``Provided further, That not 
     less than $1,000,000,000 of the funds provided shall be 
     provided for large-scale aquatic ecosystem restoration:'' 
     after ``assistance:''.
       On page 63, line 21, strike ``$500,000,000'' and insert 
     ``$1,000,000,000''.
       On page 65, line 4, strike ``$1,900,000,000'' and insert 
     ``$3,800,000,000''.
       On page 65, line 23, insert ``Provided further, That in any 
     case in which restoration or storm protection benefits are 
     available through the beneficial use of dredged material 
     produced by an operation and maintenance activity, that use, 
     up to an additional 15 percent of least-cost disposal, shall 
     be required as part of the operation and maintenance activity 
     and budget:'' after ``complete:''.
       On page 67, line 15, strike ``$50,000,000'' and insert 
     ``$250,000,000''.

[[Page S1472]]



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