[Congressional Record Volume 155, Number 22 (Wednesday, February 4, 2009)]
[Senate]
[Pages S1554-S1612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 207. 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 22, add the following:

     SEC. ___. CREDIT FOR DONATIONS FOR SCHOLARSHIPS FOR 
                   ELEMENTARY AND SECONDARY SCHOOL STUDENTS.

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

     ``SEC. 25E. DONATIONS FOR SCHOLARSHIPS FOR ELEMENTARY AND 
                   SECONDARY SCHOOL STUDENTS.

       ``(a) In General.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the qualified elementary and secondary 
     school student scholarship donations made by the taxpayer 
     during such taxable year.
       ``(b) Limitation.--The amount of the credit allowed under 
     this section for any taxable year shall not exceed $500.
       ``(c) Qualified Elementary and Secondary School Student 
     Scholarship Donations.--For purposes of this section, the 
     term `qualified elementary and secondary school student 
     scholarship donation' means any donation to a an organization 
     which--
       ``(1) is described in section 170(b)(1)(A)(ii) or 
     170(c)(2), and
       ``(2) provides scholarships to elementary or secondary 
     school students for tuition incurred in connection with the 
     enrollment or attendance of such student at public, private 
     or religious school (within the meaning of section 
     530(b)(3)).
       ``(d) No Double Benefit.--No deduction shall be allowed 
     under section 170 or any other provision of this chapter with 
     respect to any expense which is taken into account under 
     subsection (a).''.
       (b) Clerical Amendment.--The table of contents for subpart 
     A of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item related to section 25D the following 
     new item:

``Sec. 25E. Donations for scholarships for elementary and secondary 
              school students.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 208. Mr. GRASSLEY 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 489, strike lines 2 through 15 and insert the 
     following:

     SEC. 1241. SPECIAL RULES APPLICABLE TO QUALIFIED SMALL 
                   BUSINESS STOCK ACQUIRED IN 2009 AND 2010.

       (a) In General.--Section 1202 is amended by redesignating 
     subsection (k) as subsection (l) and by inserting after 
     subsection (j) the following new subsection:
       ``(k) Special Rules for Stock Acquired in 2009 and 2010.--
     In the case of qualified small business stock acquired after 
     the date of the enactment of the American Recovery and 
     Reinvestment Tax Act of 2009 and before January 1, 2011, the 
     following rules shall apply:
       ``(1) Increase exclusion.--Subsection (a)(1) shall be 
     applied by substituting `100 percent' for `50 percent'.
       ``(2) Increase aggregate asset limitation for qualified 
     small businesses.--Subsection (d) shall be applied by 
     substituting `$75,000,000' for `$50,000,000' each place it 
     appears.
       ``(3) Exclusion not treated as a tax preference.--Paragraph 
     (7) of section 57(a) shall not apply and section 
     53(d)(1)(B)(ii)(II) shall be applied by disregarding any item 
     of tax preference described in paragraph (7) of section 
     57(a).
       ``(4) Income not subject to 28 percent capital gains 
     rate.--Section 1(h)(4) shall be applied without regard to 
     subparagraph (A)(ii).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to stock acquired after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 209. Mr. GRASSLEY (for himself, Mr. Schumer, and 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,

[[Page S1555]]

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 subsection (a) of section 1004 of division B and 
     insert the following:
       (a) In General.--Section 25A (relating to Hope scholarship 
     credit) is amended by redesignating subsection (i) as 
     subsection (j) and by inserting after subsection (h) the 
     following new subsection:
       ``(i) American Opportunity Tax Credit.--In the case of any 
     taxable year beginning in 2009 or 2010--
       ``(1) Increase in credit.--The Hope Scholarship Credit 
     shall be an amount equal to the sum of--
       ``(A) 100 percent of so much of the qualified tuition and 
     related expenses paid by the taxpayer during the taxable year 
     (for education furnished to the eligible student during any 
     academic period beginning in such taxable year) as does not 
     exceed $1,500,
       ``(B) 50 percent of such expenses so paid as exceeds $1,500 
     but does not exceed $3,000, plus
       ``(C) 25 percent of such expenses so paid as exceeds $3,000 
     but does not exceed $6,000.
       ``(2) Credit allowed for first 4 years of post-secondary 
     education.--Subparagraphs (A) and (C) of subsection (b)(2) 
     shall be applied by substituting `4' for `2'.
       ``(3) Qualified tuition and related expenses to include 
     required course materials.--Subsection (f)(1)(A) shall be 
     applied by substituting `tuition, fees, and course materials' 
     for `tuition and fees'.
       ``(4) Increase in agi limits for hope scholarship credit.--
     In lieu of applying subsection (d) with respect to the Hope 
     Scholarship Credit, such credit (determined without regard to 
     this paragraph) shall be reduced (but not below zero) by the 
     amount which bears the same ratio to such credit (as so 
     determined) as--
       ``(A) the excess of--
       ``(i) the taxpayer's modified adjusted gross income (as 
     defined in subsection (d)(3)) for such taxable year, over
       ``(ii) $80,000 ($160,000 in the case of a joint return), 
     bears to
       ``(B) $10,000 ($20,000 in the case of a joint return).
       ``(5) Credit allowed against alternative minimum tax.--In 
     the case of a taxable year to which section 26(a)(2) does not 
     apply, so much of the credit allowed under subsection (a) as 
     is attributable to the Hope Scholarship Credit 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 subsection and sections 23, 25D, and 30D) 
     and section 27 for the taxable year.

     Any reference in this section or section 24, 25, 26, 25B, 
     904, or 1400C to a credit allowable under this subsection 
     shall be treated as a reference to so much of the credit 
     allowable under subsection (a) as is attributable to the Hope 
     Scholarship Credit.
       ``(6) Portion of credit made refundable.--25 percent of so 
     much of the credit allowed under subsection (a) as is 
     attributable to the Hope Scholarship Credit (determined after 
     application of paragraph (4) and without regard to this 
     paragraph and section 26(a)(2) or paragraph (5), as the case 
     may be) shall be treated as a credit allowable under subpart 
     C (and not allowed under subsection (a)). The preceding 
     sentence shall not apply to any taxpayer for any taxable year 
     if such taxpayer is a child to whom subsection (g) of section 
     1 applies for such taxable year.
       ``(7) Coordination with midwestern disaster area 
     benefits.--In the case of a taxpayer with respect to whom 
     section 702(a)(1)(B) of the Heartland Disaster Tax Relief Act 
     of 2008 applies for any taxable year, such taxpayer may elect 
     to waive the application of this subsection to such taxpayer 
     for such taxable year.''.
                                 ______
                                 
  SA 210. Mr. CORNYN (for himself, Mr. Grassley, Mr. Coburn, and 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:

       On page 723, between lines 7 and 8, insert the following:
       (3) Anti-fraud implementation plan; gao reports.--
       (A) Requirement to submit plan for approval.--
       (i) In general.--A State is not eligible for an increase in 
     its FMAP under subsection (a), (b), or (c), or an increase in 
     a cap amount under subsection (d), for any fiscal year 
     quarter occurring during the recessionary adjustment period 
     that begins on or after October 1, 2009, unless, not later 
     than 6 months after the first date on which the State 
     receives additional Federal funds under this section, the 
     State submits a report to the Secretary that contains a plan 
     for implementation of at least 4 of the anti-fraud measures 
     described in subparagraph (B) with respect to the State 
     Medicaid program under title XIX of the Social Security Act.
       (ii) Approval and implementation.--The Secretary shall 
     approve or disapprove a plan submitted by a State under 
     clause (i) not later than 30 days after the date on which the 
     Secretary receives the plan. A State shall implement an 
     approved plan not later than 180 days after the date on which 
     the plan is approved.
       (B) Anti-fraud measures described.--The anti-fraud measures 
     described in this subparagraph are the following:
       (i) Implementation, in consultation with the Secretary and 
     in coordination and consistent with activities carried out 
     under contracts entered into under section 1893(h) of the 
     Social Security Act (42 U.S.C. 1395ddd), of a recovery audit 
     program under Medicaid.
       (ii) Implementation of a Medicare-Medicaid data match 
     program under section 1893(g) of the Social Security Act (42 
     U.S.C. 1395ddd).
       (iii) Implementation of enhanced third party liability 
     identification programs under section 1902(a)(25) of the 
     Social Security Act to carry out the amendments made by 
     section 6035 of the Deficit Reduction Act of 2005.
       (iv) An increase in the amount of State expenditures 
     attributable to the operation of the State medicaid fraud 
     control unit described in section 1903(q) of the Social 
     Security Act (42 U.S.C. 1396b(q)) by at least 50 percent more 
     than the amount of such expenditures for the most recent 
     fiscal year.
       (v) Operation, beginning on October 1, 2009, of an 
     eligibility determination system which provides for data 
     matching through the Public Assistance Reporting Information 
     System (PARIS), in accordance with the requirements of 
     section 1903(r)(3) of the Social Security Act (42 U.S.C. 
     1396b(r)(3)).
       (vi) Full implementation of the requirements of section 
     1923(j) of the Social Security Act (42 U.S.C. 1396r-4(j)), 
     including the requirement for an annual, independent 
     certified audit of DSH payment adjustments made to hospitals.
       (vii) Full implementation, beginning on October 1, 2009, of 
     an asset verification program that satisfies the requirements 
     of section 1940 of the Social Security Act (42 U.S.C. 1396w).
       (viii) Online, public access, posting of all Medicaid 
     claims and patient encounter data (with such data patient de-
     identified and otherwise made available in a manner that 
     protects the privacy of patients).
       (ix) Electronic eligibility verification of Medicaid 
     beneficiaries to confirm client identification, eligibility, 
     and to reduce administrative costs.
       (x) Any other policy proposed by a State that the Secretary 
     certifies is likely to reduce fraud in the State's Medicaid 
     program.
       (C) GAO reports.--The Comptroller General of the United 
     States shall submit the following reports to Congress on the 
     plans submitted by States under subparagraph (A)(i):
       (i) Initial report.--Not later than March 31, 2010, a 
     report specifying the details of the plans submitted by 
     States under subparagraph (A).
       (ii) Update and implementation.--Not later than December 
     31, 2010, a report specifying the details of any updates made 
     to such plans and of the implementation of such plans.
                                 ______
                                 
  SA 211. Mr. CORNYN (for himself, Mr. Hatch, Mr. Grassley, Mr. Coburn, 
and 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:

       On page 723, between lines 7 and 8, insert the following:
       (3) Long-term medicaid fiscal outlook and sustainability 
     plan; annual gao report.--
       (A) In general.--A State is not eligible for an increase in 
     its FMAP under subsection (a), (b), or (c), or an increase in 
     a cap amount under subsection (d), for any fiscal year 
     quarter occurring during the recessionary adjustment period 
     that begins on or after October 1, 2009, and before the date 
     on which the State submits a report to the Secretary 
     detailing the State's fiscal situation with respect to the 
     State Medicaid program and the State's plan to ensure the 
     long-term sustainability of its State Medicaid program that 
     contains the information described in subparagraph (B). The 
     Secretary shall make the reports submitted under this 
     subparagraph publicly available.
       (B) Required information.--
       (i) Fiscal outlook requirements.--The report required under 
     subparagraph (A), shall include the following with respect to 
     the fiscal outlook for the State:

       (I) A 10 year and 25 year expenditure forecast.
       (II) A 10 year and 25 year forecast as a percentage of the 
     State's budget.
       (III) Recommendations for State actions in the next 5 years 
     to ensure adequate State funding over the 10 and 25 year 
     periods.

[[Page S1556]]

       (ii) Long-term sustainability plan.--The report required 
     under subparagraph (A), shall include plans for reforms 
     specified by the State with respect to each of the following:

       (I) Program integrity.
       (II) Payment reform.
       (III) Capacity reform.
       (IV) Market reform.

       (C) GAO report.--Beginning with fiscal year 2012, and every 
     third fiscal year thereafter, the Comptroller General of the 
     United States shall submit a report to Congress regarding the 
     fiscal situation with respect to each State Medicaid program 
     relative to the fiscal situation of such each such program on 
     October 1, 2009. Subsection (i) of this section shall not 
     apply to this subparagraph.
                                 ______
                                 
  SA 212. 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:

       On page 399, between lines 6 and 7, insert the following:

     SEC. 1405A. SPECIAL RULES FOR STATES WITH HIGH 2006 EDUCATION 
                   SUPPORT LEVELS.

       (a) Definitions.--In this section:
       (1) High 2006 education support level.--The term ``high 
     2006 education support level'', when used with respect to a 
     State, means a State for which the level of State support for 
     elementary and secondary education or State support for 
     higher education in fiscal year 2008 is less than the level 
     of State support for elementary and secondary education, or 
     State support for higher education, respectively, in fiscal 
     year 2006.
       (2) State support for elementary and secondary education.--
     The term ``State support for elementary and secondary 
     education'' means the support provided by the State for 
     elementary and secondary education, but not including capital 
     projects.
       (3) State support for higher education.--The term ``State 
     support for higher education'' means the support provided by 
     a State for public institutions of higher education in the 
     State, but not including support provided for capital 
     projects or for research and development.
       (b) Maintenance of Effort.--Notwithstanding section 1405, a 
     State with a high 2006 education support level that meets all 
     requirements for a grant under this title except for section 
     1405(d)(1) shall receive such grant if, for each of fiscal 
     years 2009 and 2010, such State does not reduce the 
     percentage of State general funds that are to be used for 
     State support for elementary and secondary education, and the 
     percentage of State general funds that are to be used for 
     State support for higher education, by more than one percent, 
     as compared to the percentage of State general funds that are 
     to be used for State support for elementary and secondary 
     education, and the percentage of State general funds that are 
     to be used for State support for higher education, 
     respectively, for the fiscal year preceding the fiscal year 
     for which the determination is being made.
       (c) Use of Funds.--
       (1) Restoring state support for elementary and secondary 
     education.--Notwithstanding section 1402, the Governor of a 
     State with a high 2006 education support level shall, for 
     each of fiscal years 2009 and 2010, use at least 61 percent 
     of the State's allocation under section 1401(d) for the 
     support of elementary, secondary, and postsecondary education 
     by--
       (A)(i) providing the amount of funds, through such State's 
     principal elementary and secondary funding formula, that is 
     needed to restore State support for elementary and secondary 
     education to the level of such State support in fiscal year 
     2006 or fiscal year 2008, whichever level is greater; and
       (ii) providing the amount of funds that is needed to 
     restore State support for higher education to the level of 
     such State support in fiscal year 2006 or fiscal year 2008, 
     whichever level is greater; and
       (B) using any remaining funds to provide subgrants 
     described in section 1402(a)(3).
       (2) Shortfall.--Notwithstanding section 1402, if the 
     Governor of a State with a high 2006 education support level 
     determines that the amount of funds available under paragraph 
     (1) for a fiscal year is insufficient to restore State 
     support for education to the levels described in clauses (i) 
     and (ii) of paragraph (1)(A), the Governor shall--
       (A) allocate those funds between those clauses in 
     proportion to the relative shortfall in State support for the 
     education sectors described in such clauses; and
       (B) after making the allocation under subparagraph (A), use 
     the amounts remaining from the State's allocation under 
     section 1401(d) to restore State support for each such 
     education sector that has a high 2006 education support 
     level, to the fiscal year 2006 level.
       (3) Other government services.--Notwithstanding section 
     1402, for each of fiscal years 2009 and 2010, the Governor of 
     a State with a high 2006 education support level shall use 
     the amount of the State's allocation under section 1401(d) 
     that remains after the application of paragraphs (1) and (2) 
     for public safety and other government services, which may 
     include assistance for elementary and secondary education and 
     public institutions of higher education.
       (d) Waivers.--The Secretary of Education may waive, on a 
     case-by-case basis, any requirement of this section for a 
     State on the basis of financial hardship.
                                 ______
                                 
  SA 213. Mr. REID (for Mr. Kennedy (for himself, Mr. Kerry, Mrs. 
Shaheen, and Mr. Voinovich)) 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 section 404, add the following:
       (c) Sense of Congress.--It is the sense of Congress that to 
     fulfill the goal of expedited issuance of loan guarantees to 
     maximize the rapid stimulus effect of provided funds, the 
     Secretary of Energy should immediately issue loan guarantees 
     under section 1705 of the Energy Policy Act of 2005 (as added 
     by subsection (a)) using funds provided to carry out that 
     section for the subsidy cost for existing final round 
     applicants under the loan guarantee program under section 
     1703 of that Act (42 U.S.C. 16513) that fall within the 
     categories described in section 1705(b) of that Act (as added 
     by subsection (a)).
                                 ______
                                 
  SA 214. Mr. KOHL (for himself, Ms. Snowe, Ms. Stabenow, Mr. Brown, 
Mr. Whitehouse, Mr. Levin, and 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 57, between lines 5 and 6, insert the following:

     SEC. 203. HOLLINGS MANUFACTURING PARTNERSHIP PROGRAM.

       (a) Appropriation of Additional Amount.--There is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2009, 
     for an additional amount for ``Industrial Technology 
     Services'', $30,000,000, to remain available until September 
     30, 2010.
       (b) Availability.--Of the amount appropriated or otherwise 
     made available by subsection (a), $30,000,000 shall be 
     available for the necessary expenses of the Hollings 
     Manufacturing Partnership Program. Such amount shall be in 
     addition to any other amounts made available for the Hollings 
     Manufacturing Partnership Program under title II of this 
     division.
       (c) Offset.--The amount appropriated or otherwise made 
     available by this title under the heading ``scientific and 
     technical research and services'' is hereby decreased by 
     $30,000,000.
       (d) Exemption From Cost Sharing Requirements.--The cost 
     sharing requirements contained in the second sentence of 
     paragraph (1), subparagraphs (B) and (C) of paragraph (3), 
     and paragraph (4)(D) of section 25(c) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278k(c)) 
     shall not apply to a Hollings Manufacturing Extension Center 
     with respect to receipt of financial support from funds made 
     available under subsection (b).
                                 ______
                                 
  SA 215. 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 216. Mr. SANDERS (for himself, 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

[[Page S1557]]

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 217. Mr. BROWN (for himself 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 89, after line 24, add the following:
       (d) Effective Use of Funds.--In providing funds made 
     available by this Act and the amendments made by this Act for 
     the weatherization assistance program, the Secretary of 
     Energy may encourage States to give priority to using the 
     funds for the most cost-effective efficiency activities, 
     which may include insulation of attics, if the Secretary 
     determines that the use of the funds would increase the 
     effectiveness of the program.
                                 ______
                                 
  SA 218. Mrs. MURRAY (for herself, Mr. Kennedy, Mr. Brown, Ms. 
Stabenow, Mr. Sanders, and Mr. Reed) 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 
     $1,675,000,000)'' before ``, which''.
       On page 123, line 12, insert ``(and an additional amount of 
     $300,000,000)'' before ``for adult''.
       On page 123, line 19, insert ``and year-round'' after 
     ``summer''.
       On page 124, line 10, insert ``(and an additional amount of 
     $500,000,000)'' before ``for grants''.
       On page 124, line 13, insert ``(and an additional amount of 
     $300,000,000)'' before ``for national''.
       On page 124, line 15, insert ``(and an additional amount of 
     $375,000,000)'' before ``under''.
       On page 125, line 1, insert ``(and an additional amount of 
     $200,000,000)'' before ``for YouthBuild''.
       On page 126, line 8, insert ``(and an additional amount of 
     $300,000,000)'' before ``, which''.
       On page 126, line 13, insert ``(and an additional amount of 
     $150,000,000)'' before ``of such''.
       On page 126, line 26, insert ``(and an additional amount of 
     $340,000,000)'' before ``, which''.
       On page 127, line 2, strike ``may transfer up to 15 
     percent'' and insert ``may transfer up to 20 percent''.
       On page 127, line 4, strike ``training for careers'' and 
     insert ``training, and work experience to improve such 
     Centers, to prepare participants for careers''.
                                 ______
                                 
  SA 219. Mr. MENENDEZ 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 589, after line 14, insert the following:
       (c) Increased Funding.--
       (1) In general.--Section 903(f) of the Social Security Act, 
     as added by subsection (a), is amended--
       (A) in paragraph (1)(B), by striking ``$7,000,000,000'' and 
     inserting ``$14,000,000,000''; and
       (B) in paragraph (6), by striking ``$7,000,000,000'' and 
     inserting ``$14,000,000,000''.
       (2) Emergency designation.--Each amount provided as a 
     result of the amendments made by paragraph (1) 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 220. Mr. MENENDEZ (for himself, Mr. Durbin, Mr. Dodd, 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 111, line 14, before the period, insert the 
     following:
       ``, and for an additional amount for the fire grant program 
     under section 34 of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2229a), $500,000,000, to remain 
     available until expended: 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.''
                                 ______
                                 
  SA 221. Mr. LEAHY (for himself and 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__. NON-FEDERAL SHARE OF TRANSPORTATION PROGRAMS AND 
                   ACTIVITIES.

       (a) Definition of Covered Transportation Program or 
     Activity.--In this section, the term ``covered transportation 
     program or activity'' means a program or activity for which 
     funds are authorized under the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59) or an amendment made by that Act.
       (b) Non-Federal Share.--Amounts made available by this Act 
     may be used by States and municipalities to pay the non-
     Federal share of the cost of any covered transportation 
     program or activity.
       (c) Effect of Section.--Nothing in this section prohibits a 
     State or local government from contributing non-Federal funds 
     toward the cost of a covered transportation program or 
     activity.
                                 ______
                                 
  SA 222. 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 461, after line 10, insert the following:

     SEC. 1124. CREDIT FOR BATTERY POWERED LAWN MOWERS.

       (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 BATTERY POWERED LAWN MOWERS.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter an amount equal to so much of the qualified 
     battery powered lawn mower expenses for the taxable year as 
     does not exceed $100.
       ``(b) Qualified Battery Powered Lawn Mower Expenses.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified battery powered lawn 
     mower expenses' means the cost of any battery powered lawn 
     mower the original use of which commences with the taxpayer 
     and which is placed in service by the taxpayer during the 
     taxable year.
       ``(2) Battery powered lawn mower.--The term `battery 
     powered lawn mower' means a machine primarily for cutting 
     grass which is powered by a motor drawing current only from 
     rechargeable or replaceable batteries.''.
       (b) Conforming Amendments.--
       (1) Section 24(b)(3)(B) is amended by striking ``and 25B'' 
     and inserting ``, 25B, and 25E''.
       (2) Section 25(e)(1)(C)(ii) is amended by inserting 
     ``25E,'' after ``25D,''.
       (3) Section 25B(g)(2) is amended by striking ``section 23'' 
     and inserting ``sections 23 and 25E''.
       (4) Section 904(i) is amended by striking ``and 25B'' and 
     inserting ``25B, and 25E''.
       (5) Section 1400C(d)(2) is amended by striking ``and 25D'' 
     and inserting ``25D, and 25E''.

[[Page S1558]]

       (c) 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 battery powered lawn mowers.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to purchases made after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 223. Mr. MENENDEZ 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 583, line 14, insert ``, without regard to State 
     restrictions on such compensation to individuals receiving 
     stipends or other training allowances that can be used for 
     non-training costs'' after ``1998''.
                                 ______
                                 
  SA 224. Ms. SNOWE (for herself, Ms. Landrieu, Mr. Cardin, and Mr. 
Wicker) 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 105, between lines 3 and 4, insert the following:

     SEC. 505. SMALL BUSINESS PROCUREMENT.

       (a) Existing Law.--Part 19 of the Federal Acquisition 
     Regulation, section 15 of the Small Business Act (15 U.S.C. 
     644), and any other applicable procurement laws and 
     regulations may not be waived with respect to contracts 
     awarded with funds made available under this Act.
       (b) Contracts for Small Business Concerns.--To the maximum 
     extent practicable, Federal agencies and State and local 
     governments that receive funds under this Act shall award 
     prime contracts to small business concerns.

     SEC. 506. REPORT ON SMALL BUSINESS CONTRACTING.

       (a) In General.--The Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate, the Committee on Small Business of the House of 
     Representatives, and the President, a report on the prime 
     contracts and subcontracts made with funds appropriated to 
     any Federal agency under this Act and awarded to small 
     business concerns.
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) the number of prime contracts and subcontracts awarded 
     to small business concerns by such Federal agency; and
       (2) the percentage of the total number of prime contracts 
     and subcontracts awarded by such Federal agency that are 
     awarded to small business concerns.
       (c) Timing.--The report under subsection (a) shall be 
     submitted not later than 180 days after the date of enactment 
     of this Act, and once every 180 days thereafter during the 3 
     years following the date of enactment of this Act.
                                 ______
                                 
  SA 225. Ms. SNOWE (for herself and Mrs. 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:

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

     SEC. __. EXTENSION OF WAIVER OF REQUIRED MINIMUM DISTRIBUTION 
                   RULES FROM CERTAIN RETIREMENT PLANS AND 
                   ACCOUNTS.

       (a) In General.--Subparagraph (H) of section 401(a)(9), as 
     added by the Worker, Retiree, and Employer Recovery Act of 
     2008, is amended--
       (1) by striking ``for calendar year 2009'' in clause (i) 
     and inserting ``in calendar years 2009 or 2010'',
       (2) by striking ``2009'' in clause (ii)(I) and inserting 
     ``2010'', and
       (3) by striking ``to calendar year 2009'' in clause 
     (ii)(II) and inserting ``to calendar years 2009 or 2010''.
       (b) Eligible Rollover Distributions.--The last sentence of 
     section 402(c)(4), as added by the Worker, Retiree, and 
     Employer Recovery Act of 2008, is amended by inserting ``or 
     2010'' after ``2009''.
       (c) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to calendar years beginning after December 31, 2009.
       (2) Provisions relating to plan or contract amendments.--
       (A) In general.--If this paragraph applies to any pension 
     plan or contract amendment, such pension plan or contract 
     shall be treated as being operated in accordance with the 
     terms of the plan during the period described in subparagraph 
     (B)(ii)(I).
       (B) Amendments to which paragraph applies.--
       (i) In general.--This paragraph shall apply to any 
     amendment to any pension plan or annuity contract which--

       (I) is made by pursuant to the amendments made by this 
     section, and
       (II) is made on or before the last day of the first plan 
     year beginning on or after January 1, 2011.

     In the case of a governmental plan, subclause (II) shall be 
     applied by substituting ``2012'' for ``2011''.
       (ii) Conditions.--This paragraph shall not apply to any 
     amendment unless during the period beginning on January 1, 
     2009, and ending on December 31, 2010 (or, if earlier, the 
     date the plan or contract amendment is adopted), the plan or 
     contract is operated as if such plan or contract amendment 
     were in effect.
                                 ______
                                 
  SA 226. Mr. ENSIGN (for himself, Mr. Schumer, and Mr. Crapo) 
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 part I of subtitle A of title I of division 
     B, insert the following:

     SEC. __. REPEAL OF EXCISE TAX ON TELEPHONE AND OTHER 
                   COMMUNICATIONS SERVICES.

       (a) In General.--Chapter 33 (relating to facilities and 
     services) is amended by striking subchapter B.
       (b) Conforming Amendments.--
       (1) Section 4293 is amended by striking ``chapter 32 (other 
     than the taxes imposed by sections 4064 and 4121) and 
     subchapter B of chapter 33,'' and inserting ``and chapter 32 
     (other than the taxes imposed by sections 4064 and 4121),''.
       (2)(A) Paragraph (1) of section 6302(e) is amended by 
     striking ``section 4251 or''.
       (B) Paragraph (2) of section 6302(e) is amended--
       (i) by striking ``imposed by--'' and all that follows 
     through ``with respect to'' and inserting ``imposed by 
     section 4261 or 4271 with respect to'', and
       (ii) by striking ``bills rendered or''.
       (C) The heading for subsection (e) of section 6302 is 
     amended by striking ``Communications Services and''.
       (3) Section 6415 is amended by striking ``4251, 4261, or 
     4271'' each place it appears and inserting ``4261 or 4271''.
       (4) Paragraph (2) of section 7871(a) is amended by 
     inserting ``or'' at the end of subparagraph (B), by striking 
     subparagraph (C), and by redesignating subparagraph (D) as 
     subparagraph (C).
       (5) The table of subchapters for chapter 33 is amended by 
     striking the item relating to subchapter B.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid pursuant to bills first rendered 
     more than 90 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 227. Mr. ENSIGN 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 subtitle C of title I of division B, insert 
     the following:

            PART IX--REDUCTION IN CORPORATE INCOME TAX RATES

     SEC. __. PERMANENT REDUCTION IN CORPORATE INCOME TAX RATES.

       (a) General Rule.--Section 11(b) (relating to amount of 
     tax) is amended to read as follows:
       ``(b) Amount of Tax.--The amount of tax imposed by 
     subsection (a) shall be equal to 15 percent of taxable 
     income.''.
       (b) Conforming Amendments.--
       (1) Section 1201 is amended--
       (A) in subsection (a)--
       (i) by striking ``35 percent'' each place it appears and 
     inserting ``15 percent'', and
       (ii) by striking ``(determined without regard to the last 2 
     sentences of section 11(b)(1))'', and
       (B) by striking subsection (b) and redesignating subsection 
     (c) as subsection (b).
       (2) Section 1445(e) is amended by striking ``35 percent'' 
     each place it appears and inserting ``15 percent''.
       (c) Clerical Amendments.--
       (1) Sections 280(c)(3)(B)(ii)(II), 860E(2)(B), and 
     860E(6)(A)(ii) are each amended by striking ``11(b)(1)'' and 
     inserting ``11(b)''.

[[Page S1559]]

       (2) Section 904(b)(3)(D)(ii) is amended by striking 
     ``(determined without regard to the last sentence of section 
     11(b)(1))''.
       (3) Section 962 is amended by striking subsection (c) and 
     by redesignating subsection (d) as subsection (c).
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 228. Mr. KERRY (for himself and Mr. Kennedy) 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 252, line 7, after ``activities:'', insert the 
     following: ``Provided further, That in the case of any 
     foreclosure on any dwelling or residential real property 
     acquired with any amounts made available under this heading, 
     any successor in interest in such property pursuant to the 
     foreclosure shall assume such interest subject to: (1) the 
     provision by such successor in interest of a notice to vacate 
     to any bona fide tenant at least 90 days before the effective 
     date of such notice; and (2) the rights of any bona fide 
     tenant, as of the date of such notice of foreclosure: (A) 
     under any bona fide lease entered into before the notice of 
     foreclosure to occupy the premises until the end of the 
     remaining term of the lease, except that a successor in 
     interest may terminate a lease effective on the date of sale 
     of the unit to a purchaser who will occupy the unit as a 
     primary residence, subject to the receipt by the tenant of 
     the 90-day notice under this paragraph; or (B) without a 
     lease or with a lease terminable at will under State law, 
     subject to the receipt by the tenant of the 90-day notice 
     under this paragraph, except that nothing in this paragraph 
     shall affect the requirements for termination of any Federal- 
     or State-subsidized tenancy or of any State or local law that 
     provides longer time periods or other additional protections 
     for tenants: Provided further, That, for purposes of this 
     paragraph, a lease or tenancy shall be considered bona fide 
     only if: (1) the mortgagor under the contract is not the 
     tenant; (2) the lease or tenancy was the result of an arms-
     length transaction; and (3) the lease or tenancy requires the 
     receipt of rent that is not substantially less than fair 
     market rent for the property: Provided further, That the 
     recipient of any grant or loan from amounts made available 
     under this heading may not refuse to lease a dwelling unit in 
     housing assisted with such loan or grant to a holder of a 
     voucher or certificate of eligibility under section 8 of the 
     United States Housing Act of 1937 (42 U.S.C. 1437f) because 
     of the status of the prospective tenant as such a holder: 
     Provided further, That in the case of any qualified 
     foreclosed housing for which funds made available under this 
     heading are used and in which a recipient of assistance under 
     section 8(o) of the U.S. Housing Act of 1937 resides at the 
     time of acquisition or financing, the owner and any successor 
     in interest shall be subject to the lease and to the housing 
     assistance payments contract for the occupied unit: Provided 
     further, That vacating the property prior to sale shall not 
     constitute good cause for termination of the tenancy unless 
     the property is unmarketable while occupied or unless the 
     owner or subsequent purchaser desires the unit for personal 
     or family use: Provided further, That this paragraph shall 
     not preempt any State or local law that provides more 
     protection for tenants: Provided further, That amounts made 
     available under this heading may be used for the costs of 
     demolishing foreclosed housing that is deteriorated or 
     unsafe: Provided further, That no amounts from a grant made 
     under this paragraph may be used to demolish any public 
     housing (as such term is defined in section 3 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437a)): Provided 
     further, That section 2301(d)(4) of the Housing and Economic 
     Recovery Act of 2008 (Public Law 110-289) is repealed:''
                                 ______
                                 
  SA 229. 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 570, between lines 8 and 9, insert the following:

     SEC. ____. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON 
                   INVESTMENT INCOME OF PRIVATE FOUNDATIONS.

       (a) In General.--Subsection (a) of section 4940 is amended 
     by striking ``2 percent'' and inserting ``1.33 percent''.
       (b) Elimination of Reduced Tax Where Foundation Meets 
     Certain Distribution Requirements.--Section 4940 is amended 
     by striking subsection (e).
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 230. 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 570, between lines 8 and 9, insert the following:

     SEC. ____. TEMPORARY MINIMUM CREDIT RATE FOR CERTAIN 
                   FEDERALLY SUBSIDIZED NEW BUILDINGS.

       (a) In General.--Section 42(b) is amended by redesignating 
     paragraph (3) as paragraph (4) and by inserting after 
     paragraph (2) the following new paragraph:
       ``(3) Temporary minimum credit rate for certain federally 
     subsidized new buildings.--In the case of any new building--
       ``(A) which is placed in service by the taxpayer after the 
     date of the enactment of this paragraph and before December 
     31, 2013, and
       ``(B) which is federally subsidized for the taxable year,

     the applicable percentage shall not be less than 4 
     percent.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to buildings placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 231. 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 570, between lines 8 and 9, insert the following:

     SEC. __. TEMPORARY INCREASE IN TIME PERIOD FOR RECYCLING OF 
                   TAX-EXEMPT DEBT FOR RESIDENTIAL RENTAL 
                   PROJECTS.

       (a) In General.--Section 146(i)(6)(A) is amended by 
     inserting ``(12-month period in the case of repayments made 
     before January 1, 2011)'' after ``6-month period''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to repayments of loans received before, on, or 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 232. 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 570, between lines 8 and 9, insert the following:

     SEC. __. INCREASE IN TIME PERIOD FOR RECYCLING OF TAX-EXEMPT 
                   DEBT FOR RESIDENTIAL RENTAL PROJECTS.

       (a) In General.--Section 146(i)(6)(A) is amended by 
     striking ``6-month period'' and inserting ``12-month 
     period''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to repayments of loans received before, on, or 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 233. Mr. SCHUMER (for himself, Mr. Grassley, and Ms. Snowe) 
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. --. DETERMINATION OF STANDARD MILEAGE RATE FOR 
                   CHARITABLE CONTRIBUTIONS DEDUCTION.

       (a) In General.--Subsection (i) of section 170 is amended 
     to read as follows:
       ``(i) Standard Mileage Rate for Use of Passenger 
     Automobile.--
       ``(1) In general.--For purposes of computing the deduction 
     under this section for use of a passenger automobile, the 
     standard mileage rate shall be 14 cents per mile.

[[Page S1560]]

       ``(2) Special rule for 2009 and 2010.--For miles traveled 
     after the date of the enactment of the American Recovery and 
     Reinvestment Tax Act of 2009 and before January 1, 2011, the 
     standard mileage rate shall be the rate determined by the 
     Secretary, which rate shall not be less than the standard 
     mileage rate used for purposes of section 213.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to miles traveled after the date of the enactment 
     of this Act.

     SEC. --. EXCLUSION FROM GROSS INCOME FOR CHARITABLE MILEAGE 
                   REIMBURSEMENTS.

       (a) In General.--Part III of subchapter B of chapter 1 is 
     amended by adding at the end the following new section:

     ``SEC. 139C. CHARITABLE MILEAGE REIMBURSEMENT.

       ``(a) In General.--In the case of an individual, gross 
     income shall not include amounts received from an 
     organization described in section 170(c)(2) as reimbursement 
     of operating expenses with respect to the use of a passenger 
     automobile for the benefit of such organization.
       ``(b) Limitation.--The amount excluded from gross income 
     under subsection (a) shall not exceed the product of the 
     standard mileage rate used for purposes of section 162 
     multiplied by the number of miles traveled for which such 
     reimbursement is made.
       ``(c) Application to Volunteer Services Only.--Subsection 
     (a) shall not apply with respect to any expenses relating to 
     the performance of services for compensation.
       ``(d) No Double Benefit.--A taxpayer may not claim a 
     deduction or credit under any other provision of this title 
     with respect to reimbursements excluded from income under 
     subsection (a).
       ``(e) Exemption From Reporting Requirements.--Section 6041 
     shall not apply with respect to reimbursements excluded from 
     income under subsection (a).
       ``(f) Maintenance of Records.--For purposes of this 
     section, no exclusion shall be allowed under subsection (a) 
     for any reimbursement unless with respect to such 
     reimbursement the taxpayer meets substantiation requirements 
     similar to the requirements of section 274(d).
       ``(g) Termination.--This section shall not apply to any 
     miles traveled after December 31, 2010.''.
       (b) Conforming Amendment.--The table of sections for part 
     III of subchapter B of chapter 1 is amended by adding at the 
     end the following new item:

``Sec. 139C. Charitable mileage reimbursement.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to miles traveled after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 234. Mr. SCHUMER (for himself and Mr. Grassley) 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. --. DETERMINATION OF STANDARD MILEAGE RATE FOR 
                   CHARITABLE CONTRIBUTIONS DEDUCTION.

       (a) In General.--Subsection (i) of section 170 is amended 
     to read as follows:
       ``(i) Standard Mileage Rate for Use of Passenger 
     Automobile.--For purposes of computing the deduction under 
     this section for use of a passenger automobile, the standard 
     mileage rate shall be the rate determined by the Secretary, 
     which rate shall not be less than the standard mileage rate 
     used for purposes of section 213.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to miles traveled after the date of the enactment 
     of this Act.

     SEC. --. EXCLUSION FROM GROSS INCOME FOR CHARITABLE MILEAGE 
                   REIMBURSEMENTS.

       (a) In General.--Part III of subchapter B of chapter 1 is 
     amended by adding at the end the following new section:

     ``SEC. 139C. CHARITABLE MILEAGE REIMBURSEMENT.

       ``(a) In General.--In the case of an individual, gross 
     income shall not include amounts received from an 
     organization described in section 170(c)(2) as reimbursement 
     of operating expenses with respect to the use of a passenger 
     automobile for the benefit of such organization.
       ``(b) Limitation.--The amount excluded from gross income 
     under subsection (a) shall not exceed the product of the 
     standard mileage rate used for purposes of section 162 
     multiplied by the number of miles traveled for which such 
     reimbursement is made.
       ``(c) Application to Volunteer Services Only.--Subsection 
     (a) shall not apply with respect to any expenses relating to 
     the performance of services for compensation.
       ``(d) No Double Benefit.--A taxpayer may not claim a 
     deduction or credit under any other provision of this title 
     with respect to reimbursements excluded from income under 
     subsection (a).
       ``(e) Exemption From Reporting Requirements.--Section 6041 
     shall not apply with respect to reimbursements excluded from 
     income under subsection (a).
       ``(f) Maintenance of Records.--For purposes of this 
     section, no exclusion shall be allowed under subsection (a) 
     for any reimbursement unless with respect to such 
     reimbursement the taxpayer meets substantiation requirements 
     similar to the requirements of section 274(d).''.
       (b) Conforming Amendment.--The table of sections for part 
     III of subchapter B of chapter 1 is amended by adding at the 
     end the following new item:

``Sec. 139C. Charitable mileage reimbursement.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to miles traveled after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 235. 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 409, strike lines 16 through 19, and insert the 
     following:
       (C) auditing or reviewing covered funds to determine 
     whether wasteful spending, poor contract or grant management, 
     or other abuses are occurring and referring matters the Board 
     considers appropriate for investigation to the inspector 
     general for the agency that disbursed the covered funds;
       On page 410, line 3, insert before the period ``, including 
     coordinating and collaborating to the extent practicable with 
     the Inspectors General Council on Integrity and Efficiency 
     established by the Inspector General Reform Act of 2008 
     (Public Law 110-409)''.
       On page 411, strike lines 1 through 3, and insert ``subject 
     to disclosure under sections 552 and 552a of title 5, United 
     States Code, (commonly referred to as the Freedom of 
     Information Act and the Privacy Act).''
       On page 411, line 20, strike all after ``conduct'' through 
     line 22, and insert ``audits and reviews of spending of 
     covered funds and coordinate on such activities with the 
     inspectors general of the relevant agencies to avoid 
     duplication of work.''.
       On page 411, line 23, strike ``Investigations'' and insert 
     ``Reviews''.
       On page 412, lines 1 and 2, strike ``investigations'' and 
     insert ``reviews''.
       On page 412, line 3, strike ``investigations'' and insert 
     ``reviews''.
       On page 412, line 7, strike ``investigations'' and insert 
     ``reviews''.
       On page 412, line 10, insert ``Additionally, the Board may 
     issue subpoenas to compel the testimony of persons who are 
     not Federal officers or employees and may enforce such 
     subpoenas in the same manner as provided for inspector 
     general subpoenas under section 6 of the Inspector General 
     Act of 1978 (5 U.S.C. App.).'' at the end.
       On page 412, lines 16 and 17, strike ``investigative 
     depositions'' and insert ``necessary inquiries''.
       On page 412, strike lines 21 through 23 and insert ``are 
     not Federal officers or employees at such public hearings. 
     Any such subpoenas may be enforced in the same manner as 
     provided for inspector general subpoenas under section 6 of 
     the Inspector General Act of 1978 (5 U.S.C. App.).''.
       On page 413, line 8, strike all after ``audits'' through 
     line 11 and insert ``, reviews, or other activities relating 
     to oversight by the Board of covered funds to any office of 
     inspector general (including for the purpose of a related 
     investigation of an inspector general), the Office of 
     Management and Budget, the General Services Administration, 
     and the Panel.''.
       On page 415, line 20, strike ``a report''.
       On page 415, line 23, strike the period through line 25 and 
     insert ``, a brief statement or notification. The statement 
     or notification shall state the reasons that the inspector 
     general has rejected the request in whole or in part. The 
     decision of the inspector general to reject the request shall 
     be final.''.
                                 ______
                                 
  SA 236. 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 3, line 22, strike ``2010'' and insert ``2011''.
       On page 3, line 23, insert before the period ``and an 
     additional $17,500,000 for such purposes, to remain available 
     until September 30, 2011''.
       On page 41, line 4, strike ``2010.'' and insert ``2011, and 
     an additional $4,000,000 for such purposes, to remain 
     available until September 30, 2011.''.
       On page 41, line 21, strike ``2010'' and insert ``2011''.

[[Page S1561]]

       On page 47, line 8, strike ``2010'' and insert ``2011''.
       On page 47, line 26, strike ``2010'' and insert ``2011''.
       On page 60, line 4, strike ``2010.'' and insert ``2011, and 
     an additional $3,000,000 for such purposes, to remain 
     available until September 30, 2011.''.
       On page 77, line 19, strike ``expended.'' and insert 
     ``September 30, 2012, and an additional $10,000,000 for such 
     purposes, to remain available until September 30, 2012.''.
       On page 95, line 12, insert before the period ``and an 
     additional $13,000,000 for such purposes, to remain available 
     until September 30, 2011''.
       On page 105, line 9, strike ``$248,000,000'' and insert 
     ``$142,600,000''.
       On page 105, line 24, strike ``2010'' and insert ``2011''.
       On page 116, line 21, strike ``2010.'' and insert ``2011, 
     and an additional $7,400,000 for such purposes, to remain 
     available until September 30, 2011.''.
       On page 127, line 14, strike ``2010'' and insert ``2011''.
       On page 137, line 8, strike ``2011.'' and insert ``2012, 
     and an additional $15,000,000 for such purposes, to remain 
     available until September 30, 2011.''.
       On page 146, line 12, insert before the period ``and an 
     additional $10,000,000 for such purposes, to remain available 
     until September 30, 2012''.
       On page 149, between lines 5 and 6, insert the following:

                    Office of the Inspector General

       For an additional amount for the Office of the Inspector 
     General, $1,000,000, which shall remain available until 
     September 30, 2011.
       On page 214, line 19, strike ``2010'' and insert ``2011''.
       On page 225, line 6, strike ``2010'' and insert ``2011''.
       On page 226, line 23, strike ``2010'' and insert ``2011''.
       On page 243, line 6 insert ``, and an additional 
     $12,250,000 for such purposes, to remain available until 
     September 30, 2011'' before the colon.
       On page 263, line 7, insert ``, and an additional 
     $12,250,000 for such purposes, to remain available until 
     September 30, 2011'' before the colon.
       On page 733, line 2, strike ``expended'' and insert 
     ``September 30, 2012,''.
                                 ______
                                 
  SA 237. Mr. CARDIN (for himself, Ms. Landrieu, and Ms. Snowe) 
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 105, between lines 3 and 4, insert the following:

     SEC. 505. SURETY BONDS.

       (a) Maximum Bond Amount.--Section 411(a)(1) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is 
     amended--
       (1) by inserting ``(A)'' after ``(1)'';
       (2) by striking ``$2,000,000'' and inserting 
     ``$5,000,000''; and
       (3) by adding at the end the following:
       ``(B) The Administrator may guarantee a surety under 
     subparagraph (A) for a total work order or contract amount 
     that does not exceed $10,000,000, if a contracting officer of 
     a Federal agency certifies that such a guarantee is 
     necessary.''.
       (b) Size Standards.--Section 410 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694a) is amended by adding 
     at the end the following:
       ``(9) Notwithstanding any other provision of law or any 
     rule, regulation, or order of the Administration, for 
     purposes of sections 410, 411, and 412 the term `small 
     business concern' means a business concern that meets the 
     size standard for the primary industry in which such business 
     concern, and the affiliates of such business concern, is 
     engaged, as determined by the Administrator in accordance 
     with the North American Industry Classification System.''.
       (c) Sunset.--The amendments made by this section shall 
     remain in effect until September 30, 2010.
                                 ______
                                 
  SA 238. Mr. GRASSLEY (for Mr. Thune) 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:
       In General.--Notwithstanding any other provision of this 
     Act, for each amount in each account as appropriated or 
     otherwise authorized to be made available in this Act, the 
     Office of Management and Budget shall make a determination 
     about whether an authorization for that specific program had 
     been enacted prior to February 1, 2009, and if no such 
     authorization existed by that date, then the Office of 
     Management and Budget shall reduce to zero the amount 
     appropriated or otherwise made available for each program in 
     each account where no authorization existed.
                                 ______
                                 
  SA 239. 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

[[Page S1562]]

     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).

                      Restriction on Use of Funds

       Sec. 607.  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 240. Mr. CRAPO (for himself, Ms. Landrieu, Mr. Graham, Mr. Risch, 
and Mr. McCain) 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 519, beginning on line 12, strike through line 19 
     and insert the following:

       ``(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) designed to manufacture components for the 
     production of nuclear energy, and

                                 ______
                                 
  SA 241. 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:

       On page 735, after line 7, add the following:

     SEC. 5006. MEDICAID INTERNET-BASED TRANSPARENCY PROGRAM.

       (a) In General.--Title XIX of the Social Security Act is 
     amended by adding at the end the following new section:

     ``SEC. 1942. INTERNET-BASED TRANSPARENCY PROGRAM.

       ``(a) In General.--Not later than one year after the date 
     of the enactment of this section, the Secretary shall 
     implement a program under which the Secretary shall make 
     available through the public Internet website of the 
     Department of Health and Human Services non-aggregated 
     information on individuals collected under the Medicaid 
     Statistical Information System described in section 
     1903(r)(1)(F) insofar as such information has been de-
     identified in accordance with regulations promulgated 
     pursuant to section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996. In implementing 
     such program, the Secretary shall ensure that--
       ``(1) the information made so available is in a format that 
     is easily accessible, useable, and understandable to the 
     public, including individuals interested in improving the 
     quality of care provided to individuals eligible for items 
     and services under this title, researchers, health care 
     providers, and individuals interested in reducing the 
     prevalence of waste and fraud under this title;
       ``(2) the information made so available is as current as 
     deemed practical by the Secretary and shall be updated at 
     least once per calendar quarter;
       ``(3) to the extent feasible--
       ``(A) all hospitals, nursing homes, clinics, and large 
     physician practices included in such information that are 
     identifiable by name to individuals who access the 
     information through such program;
       ``(B) all individual health care providers not described in 
     subparagraph (A), including physicians and dentists, are 
     identifiable by unique identifier numbers that are disclosed 
     only to appropriate officials within the Department of Health 
     and Human Services and the State involved; and
       ``(C) the information made so available shall include non-
     aggregated information with respect to the provision of 
     medical assistance under State plans under this title of 
     Puerto Rico, the United States Virgin Islands, Guam, the 
     Northern Mariana Islands, and American Samoa; and
       ``(4) the Secretary periodically solicits comments from a 
     sampling of individuals who access the information through 
     such program on how to best improve the utility of the 
     program.
       ``(b) Use of Contractor.--For purposes of implementing the 
     program under subsection (a) and ensuring the information 
     made available through such program is periodically updated, 
     the Secretary may select and enter into a contract with a 
     public or private entity meeting such criteria and 
     qualifications as the Secretary determines appropriate.
       ``(c) Annual Reports.--Not later than 2 years after the 
     date of the enactment of this section and annually 
     thereafter, the Secretary shall submit to the Committee on 
     Energy and Commerce of the House of Representatives and the 
     Committee on Finance of the Senate a report on the progress 
     of the program under subsection (a), including on the extent 
     to which information made available through the program is 
     accessed and the extent to which comments received under 
     subsection (a)(4) were used during the year involved to 
     improve the utility of the program.
       ``(d) Incentives for Compliance With Existing State 
     Requirements.--If the Secretary determines that a State has 
     not fully and properly complied with section 1903(r)(1)(F), 
     including any encounter data requirements, for any period 
     beginning after the date that is 1 year after the date of the 
     enactment of this section, the Secretary shall reduce the 
     amount paid to the State under section 1903(a) by $25,000 for 
     each such day. Such reduction shall be made unless--
       ``(1) the State demonstrates to the Secretary's 
     satisfaction that the State made a good faith effort to 
     comply;

[[Page S1563]]

       ``(2) not later than 60 days after the date of a finding 
     that the State has not fully and properly complied with 
     section 1903(r)(1)(F), the State submits to the Secretary 
     (and the Secretary approves) a corrective action plan to 
     implement such a program; and
       ``(3) not later than 12 months after the date of such 
     submission (and approval), the State fulfills the terms of 
     such corrective action plan.

     The Secretary shall transfer the amount of any reduction 
     under this subsection to the fund established under 
     subsection (e).
       ``(e) Funding.--
       ``(1) Medicaid internet-based transparency fund.--The 
     Secretary shall establish a fund to be known as the `Medicaid 
     Internet-based Transparency Fund', consisting of such amounts 
     as may be transferred to such Fund under subsection (d) and 
     such amounts as may be appropriated to such Fund under 
     paragraph (3).
       ``(2) Expenditures from fund.--Amounts in the Medicaid 
     Internet-based Transparency Fund shall be available to the 
     Secretary only for purposes of carrying out this section.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Medicaid Internet-based 
     Transparency Fund $10,000,000 for fiscal year 2009, to remain 
     available until expended.''.
       (b) Feasibility Report on Including SCHIP Information in 
     Internet-Based Transparency Program.--Not later than 2 years 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall submit to the Committee on 
     Energy and Commerce of the House of Representative and the 
     Committee on Finance of the Senate a report on the 
     feasibility, potential costs, and potential benefits of 
     making publicly available through an Internet-based program 
     de-identified payment and patient encounter information for 
     items and services furnished under title XXI of the Social 
     Security Act which would not otherwise be included in the 
     information collected under the Medicaid Statistical 
     Information System described in section 1903(r)(1)(F) of such 
     Act and made available under section 1942 of such Act, as 
     added by subsection (a).
                                 ______
                                 
  SA 242. 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;

       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.
       (d) Offset.--Notwithstanding any other provision of 
     division A, the amounts appropriated or made available in 
     division A (other than any such amount under the heading 
     ``Department of Veterans Affairs'' in title X of division A) 
     shall be reduced by a percentage necessary to offset the 
     aggregate amount appropriated under subsection (c).
                                 ______
                                 
  SA 243. 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. Notwithstanding any other 
     provision of division A, each amount appropriated or made 
     available in division A (other than any such amount under the 
     heading ``Department of Veterans Affairs'' in title X of 
     division A) shall be reduced by 0.05 percent.
                                 ______
                                 
  SA 244. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 89 submitted by Ms. Stabenow (for herself and Mr. Levin) 
and intended to be proposed to the bill H.R. 2, to amend title XXI of 
the Social Security Act to extend and improve the Children's Health 
Insurance Program, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 435, strike line 4 and all that follows 
     through page 441, line 15, and insert the following:

     SEC. 1001. REDUCTION IN 10-PERCENT RATE BRACKET FOR 2009 AND 
                   2010.

       (a) In General.--Paragraph (1) of section 1(i) 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.
       Beginning on page 554, line 6, strike all through page 565, 
     line 3.
                                 ______
                                 
  SA 245. 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 159, line 11, after the period at the end, add the 
     following: ``No State higher education agency in any of the 
     several States, the District of Columbia, or the Commonwealth 
     of Puerto Rico shall receive less than \1/2\ of 1 percent of 
     the amount allocated under this paragraph.''.

                                 ______
                                 
  SA 246. Mrs. SHAHEEN (for herself, 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 168, between lines 12 and 13, insert the following:

     SEC. 803A. ADDITIONAL FUNDS FOR HIGHER EDUCATION 
                   MODERNIZATION, RENOVATION, AND REPAIR.

       (a) In General.--In addition to amounts otherwise 
     appropriated under this Act, there are appropriated, out of 
     any money in the Treasury not otherwise appropriated, 
     $2,500,000,000 for carrying out activities authorized under 
     section 803 of this Act, which funds shall remain available 
     through September 30, 2010.
       (b) Emergency Designation.--The amount provided in 
     subsection (a) 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 247. 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 118, strike lines 3 through 5 and insert the 
     following:
       For an additional amount for ``State and Tribal Assistance 
     Grants'', $8,400,000,000, to remain available until September 
     10, 2010, of which $6,000,000,000 shall
                                 ______
                                 
  SA 248. Mr. UDALL of Colorado submitted an amendment intended to be

[[Page S1564]]

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 68, line 2, strike ``$1,400,000,000'' and insert 
     ``$1,425,000,000''.
       On page 70, line 9, before the period, insert the 
     following: ``: Provided further, That not less than 
     $25,000,000 of the funds provided under this heading shall be 
     used for programs, projects, and activities for and relating 
     to the Armel Unit of the Pick-Sloan Missouri River Basin 
     Program as authorized by section 9 of the Act of December 22, 
     1944 (commonly known as the `Flood Control Act of 1944') (58 
     Stat. 891, chapter 665)), and other law''.

                                 ______
                                 
  SA 249. Mrs. LINCOLN (for herself, Ms. Stabenow, and Mr. Wyden) 
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, insert the following:

                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 6001. APPLYING MEDICARE RURAL HOME HEALTH ADD-ON POLICY 
                   FOR REMAINING PORTION OF 2009 AND ALL OF 2010.

       Section 421(a) of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (Public Law 108-
     173; 117 Stat. 2283), as amended by section 5201(b) of the 
     Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 
     46), is amended--
       (1) by striking ``, and episodes'' and inserting ``, 
     episodes''; and
       (2) by inserting ``and episodes and visits ending on or 
     after the date of enactment of the American Recovery and 
     Reinvestment Act of 2009 and before January 1, 2011,'' after 
     ``January 1, 2007,''.
                                 ______
                                 
  SA 250. Mrs. LINCOLN (for herself, Mr. Crapo, Mr. Wyden, Mr. Roberts, 
and Mr. Pryor) 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, insert the following:

                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 6001. NO APPLICATION OF REVISED AVERAGE HOURLY WAGE 
                   COMPARISON RECLASSIFICATION CRITERIA.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services (in this 
     section referred to as the ``Secretary'') shall not apply, 
     during the period described in subsection (b), the changes to 
     the average hourly wage comparison reclassification criteria 
     described in sections 412.230(d)(1)(iv), 412.232(c), and 
     412.234(b) of title 42, Code of Federal Regulations (as in 
     effect on October 1, 2008), or any similar provision, to a 
     subsection (d) hospital (as defined for purposes of section 
     1886 of the Social Security Act (42 U.S.C. 1395ww)) seeking 
     reclassification of its wage index for purposes of such 
     section during such period.
       (b) Suspension Period.--The period described in this 
     subsection begins on October 1, 2008, and ends on the first 
     day of the first fiscal year that begins 1 year after the 
     Secretary has published in the Federal Register a proposal 
     (or proposals) that considers the matters described in 
     subparagraphs (A) through (I) of section 106(b)(2) of 
     division B of the Tax Relief and Health Care Act of 2006 
     (Public Law 109-432).
       (c) Effect on Reclassification Decisions.--Notwithstanding 
     any other provision of law, in the case of a decision made by 
     the Medicare Geographic Classification Review Board under 
     section 1886(d)(10) of the Social Security Act (42 U.S.C. 
     1395ww(d)(10)), during the period described in subsection 
     (b), denying an application by a subsection (d) hospital (as 
     so defined) for reclassification of its wage index for 
     purposes of such section during such period on the basis of 
     the changes to the average hourly wage comparison 
     reclassification criteria described in sections 
     412.230(d)(1)(iv), 412.232(c) and 412.234(b) of title 42, 
     Code of Federal Regulations (as in effect on October 1, 
     2008), or any similar provision, the Board shall reissue the 
     decision as if such changes were not in effect.
       (d) Implementation.--The Secretary shall make a 
     proportional adjustment in the standardized amounts 
     determined under section 1886(d)(3) of the Social Security 
     Act (42 U.S.C. 1395ww(d)(3)) for a fiscal year to assure that 
     the provisions of this section do not result in aggregate 
     payments under section 1886(d) (42 U.S.C. 1395ww(d)) that are 
     greater or less than those that would otherwise be made 
     during the fiscal year.
                                 ______
                                 
  SA 251. Mrs. LINCOLN (for herself 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 735, after line 7, add the following:

     SEC. 5006. DELAY IN APPLICATION OF NEW PAYMENT LIMIT FOR 
                   MULTIPLE SOURCE DRUGS UNDER MEDICAID.

       Section 203 of the Medicare Improvements for Patients and 
     Providers Act of 2008 (42 U.S.C. 1396r-8 note) is amended--
       (1) in subsection (a)(1), by striking ``September 30, 
     2009'' and inserting ``June 30, 2010''; and
       (2) in subsections (a)(2) and (b), by striking ``October 1, 
     2009'' each place it appears and inserting ``July 1, 2010''.
                                 ______
                                 
  SA 252. Mr. COBURN (for himself, Mr. Grassley, and 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:

       On page 723, between lines 7 and 8, insert the following:
       (3) Plan to establish a medical home program to coordinate 
     care for eligible medicaid beneficiaries.--
       (A) In general.--
       (i) Submission.--A State is not eligible for an increase in 
     its FMAP under subsection (a), (b), or (c), or an increase in 
     a cap amount under subsection (d), for any fiscal year 
     quarter occurring during the recessionary adjustment period 
     that begins on or after October 1, 2009, and before the date 
     (not later than 6 months after the date of enactment of this 
     Act) on which the State submits to the Secretary a plan to 
     establish a medical home program to coordinate care for 
     eligible Medicaid beneficiaries.
       (ii) Implementation.--Each State that is paid additional 
     Federal funds as a result of this section shall, not later 
     than 18 months after such date of enactment, implement such a 
     plan that has been approved by the Secretary.
       (B) Details.--Such plan shall include the following:
       (i) Subject to clause (ii), provide primary care physicians 
     and other participating providers of services a management 
     fee that reflects the amount of time spent with an eligible 
     Medicaid beneficiary, and the family of such eligible 
     Medicaid beneficiary, providing primary care services, 
     chronic care disease management services, and other services 
     for purposes of coordinating care of the eligible Medicaid 
     beneficiary.
       (ii) Such management fee shall not be provided to a primary 
     care physician with respect to an eligible Medicaid 
     beneficiary unless such eligible Medicaid beneficiary has 
     designated the primary care physician (under procedures 
     established by the State) as the health home of the eligible 
     Medicaid beneficiary.
       (C) Definition of eligible medicaid beneficiary.--In this 
     paragraph, the term ``eligible Medicaid beneficiary'' means 
     an individual who--
       (i) is enrolled in the State Medicaid plan under title XIX 
     of the Social Security Act; and
       (ii) is determined to have 1 or more chronic diseases.
                                 ______
                                 
  SA 253. Mr. COBURN (for himself, Mr. Grassley, and 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:

       On page 723, between lines 7 and 8, insert the following:
       (3) Plan to establish chronic care disease management 
     programs.--
       (A) In general.--
       (i) Submission.--A State is not eligible for an increase in 
     its FMAP under subsection

[[Page S1565]]

     (a), (b), or (c), or an increase in a cap amount under 
     subsection (d), for any fiscal year quarter occurring during 
     the recessionary adjustment period that begins on or after 
     October 1, 2009, and before the date (not later than 6 months 
     after the date of enactment of this Act) on which the State 
     submits to the Secretary a plan to establish chronic care 
     disease management programs with respect to at least the 5 
     most prevalent diseases within the population of Medicaid 
     beneficiaries in the State.
       (ii) Implementation.--Each State that is paid additional 
     Federal funds as a result of this section shall, not later 
     than 18 months after such date of enactment, implement such a 
     plan that has been approved by the Secretary.
       (B) Details.--Such plan shall include the following:
       (i) Provide primary care physicians chronic care disease 
     management payments for assuring that an eligible Medicaid 
     beneficiary receives appropriate and comprehensive care, 
     including referral of the eligible Medicaid beneficiary to 
     specialists, and that the eligible Medicaid beneficiary 
     receives preventive services.
       (ii) The amount of such chronic care disease management 
     payment shall reflect the amount of time spent with the 
     eligible Medicaid beneficiary, and the family of the eligible 
     Medicaid beneficiary, providing chronic care disease 
     management services to the eligible Medicaid beneficiary.
       (C) Definition of eligible medicaid beneficiary.--In this 
     paragraph, the term ``eligible Medicaid beneficiary'' means 
     an individual who--
       (i) is enrolled in the State Medicaid plan under title XIX 
     of the Social Security Act; and
       (ii) is determined to have 1 or more of the diseases with 
     respect to which such chronic care disease management 
     programs are established in the State.
                                 ______
                                 
  SA 254. Mr. ENZI 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:

       Beginning on page 263, strike line 11 and all that follows 
     through line 21 on page 390, and insert the following:

               TITLE XIII--HEALTH INFORMATION TECHNOLOGY

     SEC. 13001. SHORT TITLE.

       This title may be cited as the ``Wired for Health Care 
     Quality Act''.

   Subtitle A--Improving the Interoperability of Health Information 
                               Technology

     SEC. 13101. IMPROVING HEALTH CARE QUALITY, SAFETY, AND 
                   EFFICIENCY.

       (a) In General.--The Public Health Service Act (42 U.S.C. 
     201 et seq.) is amended by adding at the end the following:

         ``TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITY

     ``SEC. 3001. DEFINITIONS; REFERENCE.

       ``(a) In General.--In this title:
       ``(1) Entity.--The term `Entity' means the Health IT 
     Standards Entity established under section 3003.
       ``(2) Health care provider.--The term `health care 
     provider' means a hospital, skilled nursing facility, home 
     health entity, nursing facility, licensed assisted-living 
     facility, health care clinic, federally qualified health 
     center, group practice (as defined in section 1877(h)(4) of 
     the Social Security Act), a pharmacist, a pharmacy, a 
     laboratory, a physician (as defined in section 1861(r) of the 
     Social Security Act), a practitioner (as defined in section 
     1842(b)(18)(CC) of the Social Security Act), a health 
     facility operated by or pursuant to a contract with the 
     Indian Health Service, a rural health clinic, and any other 
     category of facility or clinician determined appropriate by 
     the Secretary.
       ``(3) Health information.--The term `health information' 
     has the meaning given such term in section 1171(4) of the 
     Social Security Act.
       ``(4) Health insurance plan.--
       ``(A) In general.--The term `health insurance plan' means--
       ``(i) a health insurance issuer (as defined in section 
     2791(b)(2));
       ``(ii) a group health plan (as defined in section 
     2791(a)(1)); and
       ``(iii) a health maintenance organization (as defined in 
     section 2791(b)(3)); or
       ``(iv) a safety net health plan.
       ``(B) Safety net health plan.--The term `safety net health 
     plan' means a managed care organization, as defined in 
     section 1932(a)(1)(B)(i) of the Social Security Act--
       ``(i) that is exempt from or not subject to Federal income 
     tax, or that is owned by an entity or entities exempt from or 
     not subject to Federal income tax; and
       ``(ii) for which not less than 75 percent of the enrolled 
     population receives benefits under a Federal health care 
     program (as defined in section 1128B(f)(1) of the Social 
     Security Act) or a health care plan or program which is 
     funded, in whole or in part, by a State (other than a program 
     for government employees).
       ``(C) References.--All references in this title to `health 
     plan' shall be deemed to be references to `health insurance 
     plan'.
       ``(5) Individually identifiable health information.--The 
     term `individually identifiable health information' has the 
     meaning given such term in section 1171 of the Social 
     Security Act.
       ``(6) Laboratory.--The term `laboratory' has the meaning 
     given such term in section 353.
       ``(7) National coordinator.--The term `National 
     Coordinator' means the National Coordinator of Health 
     Information Technology appointed pursuant to section 3002.
       ``(8) Policy committee.--The term `Policy Committee' means 
     the Health Information Technology Policy Committee 
     established under section 3004.
       ``(9) Qualified health information technology.--The term 
     `qualified health information technology' means a 
     computerized system (including hardware and software) that--
       ``(A) protects the privacy and security of health 
     information;
       ``(B) maintains and provides permitted access to health 
     information in an electronic format;
       ``(C) with respect to individually identifiable health 
     information maintained in a designated record set, preserves 
     an audit trail of each individual that has gained access to 
     such record set;
       ``(D) incorporates decision support to reduce medical 
     errors and enhance health care quality;
       ``(E) complies with the standards and implementation 
     specifications and certification criteria adopted by the 
     Federal Government under section 3003;
       ``(F) has the ability to transmit and exchange information 
     to other health information technology systems and, to the 
     extent feasible, public health information technology 
     systems; and
       ``(G) allows for the reporting of quality measures adopted 
     under section 3010.
       ``(10) State.--The term `State' means each of the several 
     States, the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Northern Mariana 
     Islands.
       ``(b) References to Social Security Act.--Any reference in 
     this section to the Social Security Act shall be deemed to be 
     a reference to such Act as in effect on the date of enactment 
     of this title.

     ``SEC. 3002. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
                   INFORMATION TECHNOLOGY.

       ``(a) Establishment.--There is established within the 
     office of the Secretary, the Office of the National 
     Coordinator for Health Information Technology. The National 
     Coordinator shall be appointed by the Secretary in 
     consultation with the President, and shall report directly to 
     the Secretary.
       ``(b) Purpose.--The Office of the National Coordinator 
     shall be responsible for--
       ``(1) ensuring that key health information technology 
     initiatives are coordinated across programs of the Department 
     of Health and Human Services;
       ``(2) ensuring that health information technology policies 
     and programs of the Department of Health and Human Services 
     are coordinated with such policies and programs of other 
     relevant Federal agencies (including Federal commissions and 
     advisory committees) with a goal of avoiding duplication of 
     efforts and of helping to ensure that each agency undertakes 
     activities primarily within the areas of its greatest 
     expertise and technical capability;
       ``(3) reviewing Federal health information technology 
     investments to ensure that Federal health information 
     technology programs are meeting the objectives of the 
     strategic plan published by the Office of the National 
     Coordinator for Health Information Technology to establish a 
     nationwide interoperable health information technology 
     infrastructure;
       ``(4) providing comments and advice regarding specific 
     Federal health information technology programs, at the 
     request of Office of Management and Budget; and
       ``(5) enhancing the use of health information technology to 
     improve the quality of health care in the prevention and 
     management of chronic disease and to address population 
     health.
       ``(c) Role With Policy Committee and Entity.--The Office of 
     the National Coordinator shall--
       ``(1) serve as an ex officio member of the Policy 
     Committee, and act as a liaison between the Federal 
     Government and the Policy Committee;
       ``(2) serve as an ex officio member of the Entity and act 
     as a liaison between the Federal Government and the Entity; 
     and
       ``(3) serve as a liaison between the Entity and the Policy 
     Committee.
       ``(d) Reports and Website.--The Office of the National 
     Coordinator shall--
       ``(1) develop, publish, and update as necessary a strategic 
     plan for implementing a nationwide interoperable health 
     information technology infrastructure;
       ``(2) maintain and frequently update an Internet website 
     that--
       ``(A) publishes the schedule for the assessment of 
     standards and implementation specifications;
       ``(B) publishes the recommendations of the Policy 
     Committee;
       ``(C) publishes the recommendations of the Entity;
       ``(D) publishes quality measures adopted pursuant to this 
     title and the Wired for Health Care Quality Act;

[[Page S1566]]

       ``(E) identifies sources of funds that will be made 
     available to facilitate the purchase of, or enhance the 
     utilization of, qualified health information technology 
     systems, either through grants or technical assistance; and
       ``(F) publishes a plan for a transition of any functions of 
     the Office of the National Coordinator that should be 
     continued after September 30, 2014;
       ``(3) prepare a report on the lessons learned from major 
     public and private health care systems that have implemented 
     health information technology systems, including an 
     explanation of whether the systems and practices developed by 
     such systems may be applicable to and usable in whole or in 
     part by other health care providers; and
       ``(4) assess the impact of health information technology in 
     communities with health disparities and identify practices to 
     increase the adoption of such technology by health care 
     providers in such communities.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed as requiring the duplication of Federal efforts 
     with respect to the establishment of the Office of the 
     National Coordinator for Health Information Technology, 
     regardless of whether such efforts are carried out before or 
     after the date of the enactment of this title.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $5,000,000 for 
     each of fiscal years 2009 and 2010.
       ``(g) Sunset.--The provisions of this section shall not 
     apply after September 30, 2014.

     ``SEC. 3003. HEALTH INFORMATION TECHNOLOGY STANDARDS ENTITY.

       ``(a) Establishment.--The Secretary, through a grant, 
     contract, or cooperative agreement, shall provide for the 
     establishment of a public-private entity to be known as the 
     `Health IT Standards Entity' (referred to in this title as 
     the `Entity') to--
       ``(1) set priorities and support the development, 
     harmonization, and recognition of standards, implementation 
     specifications, and certification criteria for the electronic 
     exchange of health information (including for the reporting 
     of quality data under section 3010); and
       ``(2) serve as a forum for the participation of a broad 
     range of stakeholders with specific technical expertise in 
     the development of standards, implementation specifications, 
     and certification criteria to provide input on the effective 
     implementation of health information technology systems.
       ``(b) Structure.--In providing for the establishment of the 
     Entity pursuant to subsection (a), the Secretary shall ensure 
     the following:
       ``(1) Diverse composition.--The Entity is initially 
     composed of members representing the Federal Government, 
     consumers and patient organizations, organizations with 
     expertise in privacy, organizations with expertise in 
     security, health care providers, health plans and other third 
     party payers, information technology vendors, purchasers and 
     employers, health informatics and entities engaged in 
     research and academia, health information exchanges, 
     organizations with expertise in infrastructure and technical 
     standards, organizations with expertise in quality 
     improvement, and other appropriate health entities.
       ``(2) Broad participation.--There is broad participation in 
     the Entity by a variety of public and private stakeholders, 
     either through membership in the Entity or through another 
     means.
       ``(3) Published business plan; governance rules.--The 
     Entity has a business plan and a published set of governance 
     rules that will enable it to be self-sustaining and to 
     fulfill the purposes stated in this section, and the Entity 
     publishes such plan and such rules on an Internet website 
     that it develops and maintains.
       ``(4) Chairperson; vice chairperson.--The Entity may 
     designate one member to serve as the chairperson and one 
     member to serve as the vice chairperson of the Entity.
       ``(5) Department membership.--The Secretary shall be a 
     member of the Entity, and the National Coordinator shall act 
     as a liaison among the Entity, the Community, and the Federal 
     Government.
       ``(6) Balance among sectors.--In developing the procedures 
     for conducting the activities of the Entity, the Entity shall 
     act to ensure a balance among various sectors of the health 
     care system so that no single sector unduly influences the 
     actions of the Entity.
       ``(c) Standards and Implementation Specifications.--
       ``(1) Activities of the entity.--In providing for the 
     establishment of the Entity pursuant to subsection (a), the 
     Secretary shall ensure the following:
       ``(A) Publication of schedule.--Not later than 90 days 
     after the date on which the Entity is established, the Entity 
     shall develop and publish a schedule for the assessment of 
     standards and implementation specifications under this 
     section, and update such schedule annually.
       ``(B) First year standards activity.--Consistent with the 
     initial schedule published under subparagraph (A) and not 
     later than 1 year after date on which the Entity is 
     established, the Entity shall develop, harmonize, or 
     recognize such standards and implementation specifications.
       ``(C) Subsequent standards activity.--The Entity shall 
     review at least annually, and modify as appropriate, 
     standards and implementation specifications that the Entity 
     has previously developed, harmonized, or recognized, and 
     continue to develop, harmonize, or recognize additional 
     standards and implementation specifications, consistent with 
     the updated schedule published pursuant to subparagraph (A).
       ``(D) Recognition of entity to make recommendations.--The 
     Entity, in consultation with the Secretary, may recognize a 
     private entity or entities for the purpose of developing, 
     harmonizing, or updating standards and implementation 
     specifications, consistent with this section, and making 
     recommendations on such subjects to the Entity, in order to 
     achieve uniform and consistent implementation of the 
     standards and implementation specifications.
       ``(E) Standard testing pilot project.--The Entity may 
     conduct, or, in consultation with the Secretary, may 
     recognize a private entity or entities to conduct, a pilot 
     project to test the standards and implementation 
     specifications developed, harmonized, or recognized under 
     this section in order to provide for the efficient 
     implementation of such standards and implementation 
     specifications.
       ``(2) Review.--The Secretary shall review the standards and 
     implementation specifications described in paragraphs (1)(A) 
     and (1)(B).
       ``(3) Publication.--
       ``(A) Schedule.--The Secretary shall publish the schedules 
     developed under paragraph (1)(A) in the Federal Register and 
     on the Internet website of the Department of Health and Human 
     Services.
       ``(B) Standards and implementation specifications.--All 
     standards and implementation specifications developed, 
     harmonized, or recognized by the Entity pursuant to this 
     section shall be published in the Federal Register and on the 
     Internet website of the Office of the National Coordinator.
       ``(4) Federal action.--Not later than 6 months after the 
     issuance of a standard or implementation specification by the 
     Entity under this subsection, the Secretary, the Secretary of 
     Veterans Affairs, and the Secretary of Defense, in 
     collaboration with representatives of other relevant Federal 
     agencies as determined appropriate by the President, shall 
     jointly review such standard or implementation specification. 
     If appropriate, the President shall provide for the adoption 
     by the Federal Government of any such standard or 
     implementation specification. Such determination shall be 
     published in the Federal Register and on the Internet website 
     of the Office of the National Coordinator within 30 days 
     after the date on which such determination is made.
       ``(d) Open and Public Process.--In providing for the 
     establishment of the Entity pursuant to subsection (a), the 
     Secretary shall ensure the following:
       ``(1) Consensus approach; open process.--The Entity shall 
     use a consensus approach and a fair and open process to 
     support the development, harmonization, and recognition of 
     standards described in subsection (a)(1).
       ``(2) Participation of outside advisers.--The Entity shall 
     ensure an adequate opportunity for the participation of 
     outside advisors, including individuals with expertise in--
       ``(A) health information privacy;
       ``(B) health information security;
       ``(C) health care quality and patient safety, including 
     individuals with expertise in utilizing health information 
     technology to improve healthcare quality and patient safety;
       ``(D) long-term care and aging services; and
       ``(E) data exchange and developing health information 
     technology standards and new health information technology.
       ``(3) Open meetings.--Plenary and other regularly scheduled 
     formal meetings of the Entity (or established subgroups 
     thereof) shall be open to the public.
       ``(4) Publication of meeting notices and materials prior to 
     meetings.--The Entity shall develop and maintains an Internet 
     website on which it publishes, prior to each meeting, a 
     meeting notice, a meeting agenda, and meeting materials.
       ``(5) Opportunity for public comment.--The Entity shall 
     develop a process that allows for public comment during the 
     process by which the Entity develops, harmonizes, or 
     recognizes standards and implementation specifications.
       ``(6) Report.--Not later than 12 months after the date of 
     enactment of this title, the Entity publishes a report on 
     progress made in developing, harmonizing, and recognizing 
     standards, implementation specifications, and certification 
     criteria, and in achieving broad participation of 
     stakeholders in its processes.
       ``(e) Certification.--In providing for the establishment of 
     the Entity pursuant to subsection (a), the Secretary shall 
     ensure that--
       ``(1) the Entity, in consultation with the Secretary, may 
     recognize a private entity or entities for the purpose of 
     developing, updating, and recommending to the Entity criteria 
     to certify that appropriate categories of health information 
     technology products that claim to be in compliance with 
     applicable standards and implementation specifications 
     developed, harmonized, or recognized under this title have 
     established such compliance;
       ``(2) the Entity, in consultation with the Secretary, 
     reviews, and if appropriate, adopts such criteria; and
       ``(3) the Entity, in consultation with the Secretary, may 
     recognize a private entity or

[[Page S1567]]

     entities to conduct the certifications described under 
     paragraph (1) using the criteria adopted under this 
     subsection.
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed as requiring the duplication of Federal efforts 
     with respect to activities described in this section that are 
     existing on the date of enactment of this title, including 
     the establishment of an entity to support the development, 
     harmonization, or recognition of standards, implementation 
     specifications, and certification criteria, regardless of 
     whether such efforts are carried out prior to or after such 
     date of the enactment.
       ``(g) Flexibility.--The provisions of Public Law 92-463 (as 
     amended) shall not apply to the Entity.
       ``(h) Requirement to Consider Recommendations.--In carrying 
     out the activities described in this section, the Entity 
     shall integrate the recommendations of the Policy Committee 
     that are adopted by the Secretary under section 3004(c).
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $2,000,000 for each of the fiscal years 2009 and 2010 to be 
     available until expended.

     ``SEC. 3004. HEALTH INFORMATION TECHNOLOGY POLICY COMMITTEE.

       ``(a) Establishment.--There is established a committee to 
     be known as the Health Information Technology Policy 
     Committee to provide advice to the Secretary and the heads of 
     any relevant Federal agencies concerning the policy 
     considerations related to health information technology.
       ``(b) Purpose.--The Policy Committee shall--
       ``(1) not later than 1 year after the date of enactment of 
     this title, and semiannually thereafter, make recommendations 
     concerning a policy framework for the development and 
     adoption of a nationwide interoperable health information 
     technology infrastructure;
       ``(2) not later than 1 year after the date of enactment of 
     this title, and annually thereafter, make recommendations 
     concerning national policies for adoption by the Federal 
     Government, and voluntary adoption by private entities, to 
     support the widespread adoption of health information 
     technology, including--
       ``(A) the protection of individually identifiable health 
     information, including policies concerning the individual's 
     ability to control the acquisition, uses, and disclosures of 
     individually identifiable health information;
       ``(B) methods to protect individually identifiable health 
     information from improper use and disclosures and methods to 
     notify patients if their individually identifiable health 
     information is wrongfully disclosed;
       ``(C) methods to facilitate secure access to such 
     individual's individually identifiable health information;
       ``(D) methods, guidelines, and safeguards to facilitate 
     secure access to patient information by a family member, 
     caregiver, or guardian acting on behalf of a patient due to 
     age-related and other disability, cognitive impairment, or 
     dementia that prevents a patient from accessing the patient's 
     individually identifiable health information;
       ``(E) the appropriate uses of a nationwide health 
     information network including--
       ``(i) the collection of quality data and public reporting;
       ``(ii) biosurveillance and public health;
       ``(iii) medical and clinical research; and
       ``(iv) drug safety;
       ``(F) fostering the public understanding of health 
     information technology;
       ``(G) strategies to enhance the use of health information 
     technology in preventing and managing chronic disease;
       ``(H) policies to take into account the input of employees 
     and staff who are directly involved in patient care of such 
     health care providers in the design, implementation, and use 
     of health information technology systems;
       ``(I) other policies determined to be necessary by the 
     Policy Committee; and
       ``(J) best practices in the communication of privacy 
     protections and procedures to ensure comprehension by 
     individuals with limited English proficiency and limited 
     health literacy; and
       ``(3) serve as a forum for the participation of a broad 
     range of stakeholders to provide input on improving the 
     effective implementation of health information technology 
     systems.
       ``(c) Publication.--All recommendations made by the Policy 
     Committee pursuant to this section shall be published in the 
     Federal Register and on the Internet website of the National 
     Coordinator. The Secretary shall review all recommendations 
     and determine which recommendations shall be adopted by the 
     Federal Government and such determination shall be published 
     on the Internet website of the Office of the National 
     Coordinator within 30 days after the date of such adoption.
       ``(d) Membership.--
       ``(1) In general.--The Policy Committee shall be composed 
     of members to be appointed as follows:
       ``(A) 1 member shall be appointed by the Secretary.
       ``(B) 1 member shall be appointed by the Secretary of 
     Veterans Affairs who shall represent the Department of 
     Veterans Affairs.
       ``(C) 1 member shall be appointed by the Secretary of 
     Defense who shall represent the Department of Defense.
       ``(D) 1 member shall be appointed by the majority leader of 
     the Senate.
       ``(E) 1 member shall be appointed by the minority leader of 
     the Senate.
       ``(F) 1 member shall be appointed by the Speaker of the 
     House of Representatives.
       ``(G) 1 member shall be appointed by the minority leader of 
     the House of Representatives.
       ``(H) Eleven members shall be appointed by the Comptroller 
     General of whom--
       ``(i) three members shall represent patients or consumers;
       ``(ii) one member shall represent health care providers;
       ``(iii) one member shall be from a labor organization 
     representing health care workers;
       ``(iv) one member shall have expertise in privacy and 
     security;
       ``(v) one member shall have expertise in improving the 
     health of vulnerable populations;
       ``(vi) one member shall represent health plans or other 
     third party payers;
       ``(vii) one member shall represent information technology 
     vendors;
       ``(viii) one member shall represent purchasers or 
     employers; and
       ``(ix) one member shall have expertise in health care 
     quality measurement and reporting.
       ``(2) Chairperson and vice chairperson.--The Policy 
     Committee shall designate one member to serve as the 
     chairperson and one member to serve as the vice chairperson 
     of the Policy Committee.
       ``(3) National coordinator.--The National Coordinator shall 
     be a member of the Policy Committee and act as a liaison 
     among the Policy Committee, the Entity, and the Federal 
     Government.
       ``(4) Participation.--The members of the Policy Committee 
     appointed under paragraph (1) shall represent a balance among 
     various sectors of the health care system so that no single 
     sector unduly influences the recommendations of the Policy 
     Committee.
       ``(5) Terms.--
       ``(A) In general.--The terms of members of the Policy 
     Committee shall be for 3 years except that the Comptroller 
     General shall designate staggered terms for the members first 
     appointed.
       ``(B) Vacancies.--Any member appointed to fill a vacancy in 
     the membership of the Policy Committee that occurs prior to 
     the expiration of the term for which the member's predecessor 
     was appointed shall be appointed only for the remainder of 
     that term. A member may serve after the expiration of that 
     member's term until a successor has been appointed. A vacancy 
     in the Policy Committee shall be filled in the manner in 
     which the original appointment was made.
       ``(6) Outside involvement.--The Policy Committee shall 
     ensure an adequate opportunity for the participation of 
     outside advisors, including individuals with expertise in--
       ``(A) health information privacy and security;
       ``(B) improving the health of vulnerable populations;
       ``(C) health care quality and patient safety, including 
     individuals with expertise in measurement and the use of 
     health information technology to capture data to improve 
     health care quality and patient safety;
       ``(D) long-term care and aging services;
       ``(E) medical and clinical research; and
       ``(F) data exchange and developing health information 
     technology standards and new health information technology.
       ``(7) Quorum.--Ten members of the Policy Committee shall 
     constitute a quorum for purposes of voting, but a lesser 
     number of members may meet and hold hearings.
       ``(8) Failure of initial appointment.--
       ``(A) Forfeiture of authority to appoint.--If, on the date 
     that is 120 days after the date of enactment of this title, 
     an official authorized under paragraph (1) to appoint one or 
     more members of the Policy Committee has not appointed the 
     full number of members that such paragraph authorizes such 
     official to appoint--
       ``(i) the number of members that such official is 
     authorized to appoint shall be reduced to the number that 
     such official has appointed as of that date; and
       ``(ii) the number prescribed in paragraph (7) as the quorum 
     shall be reduced to the smallest whole number that is greater 
     than one-half of the total number of members who have been 
     appointed as of that date.
       ``(B) Transition rule.--With respect to an official 
     authorized under paragraph (1) to appoint one or more members 
     of the Policy Committee and who has not appointed the full 
     number of members that such paragraph authorizes such 
     official to appoint within the 120-day period described in 
     subparagraph (A), upon a change in such official (resulting 
     from the convening of a new Congress or the swearing in of a 
     new President), a new 120-day period shall begin to run under 
     such subparagraph with respect to the remaining members to be 
     appointed by such official.
       ``(e) Federal Agencies.--
       ``(1) Staff of other federal agencies.--Upon the request of 
     the Policy Committee, the head of any Federal agency may 
     detail, without reimbursement, any of the personnel of such 
     agency to the Policy Committee to assist in carrying out the 
     duties of the Policy Committee. Any such detail shall not 
     interrupt or otherwise affect the civil service status or 
     privileges of the Federal employee involved.
       ``(2) Technical assistance.--Upon the request of the Policy 
     Committee, the head of a Federal agency shall provide such 
     technical assistance to the Policy Committee as the

[[Page S1568]]

     Policy Committee determines to be necessary to carry out its 
     duties.
       ``(3) Other resources.--The Policy Committee shall have 
     reasonable access to materials, resources, statistical data, 
     and other information from the Library of Congress and 
     agencies and elected representatives of the executive and 
     legislative branches of the Federal Government. The 
     chairperson or vice chairperson of the Policy Committee shall 
     make requests for such access in writing when necessary.
       ``(f) Administrative Provisions.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Policy Committee, except that the 
     term provided for under section 14(a)(2) of such Act shall be 
     not longer than 7 years.
       ``(2) Charter.--
       ``(A) In general.--The Secretary shall file the Policy 
     Committee charter prescribed by section 9(c) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) not later than 120 
     days after the date of enactment of this title.
       ``(B) Failure to file.--If the charter described in 
     subparagraph (A) has not been filed by the date specified in 
     such subparagraph, then the requirement under section 9(c) of 
     the Federal Advisory Committee Act (5 U.S.C. App.) shall be 
     deemed to have been met as of the day following the date 
     specified in such subparagraph.
       ``(g) Sunset.--The provisions of this section shall not 
     apply after September 30, 2014.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $2,000,000 for 
     each of fiscal years 2009 and 2010.

     ``SEC. 3005. FEDERAL PURCHASING AND DATA COLLECTION.

       ``(a) Coordination of Federal Spending.--
       ``(1) In general.--Except as provided in paragraph (2), not 
     later than 2 years after the adoption by the President of a 
     recommendation under section 3003(c)(8), a Federal agency 
     shall not expend Federal funds for the purchase of any new 
     health information technology or health information 
     technology system for clinical care or for the electronic 
     retrieval, storage, or exchange of health information if such 
     technology or system is not consistent with applicable 
     standards and implementation specifications adopted by the 
     Federal Government under section 3003.
       ``(2) Exceptions.--The President may authorize an exception 
     to the requirement in paragraph (1) as determined necessary 
     by the Secretary for the efficient administration of the 
     Federal agency involved or for economic reasons, including a 
     case in which--
       ``(A) the purchasing cycles involved preclude modifying 
     specifications without significant costs; and
       ``(B) a new technology or system must interact with a 
     separate older technology or system whose replacement or 
     modification would impose significant costs.
       ``(3) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to restrict the purchase of minor (as determined 
     by the Secretary) hardware or software components in order to 
     modify, correct a deficiency in, or extend the life of 
     existing hardware or software.
       ``(b) Voluntary Adoption.--Any standards and implementation 
     specifications adopted by the Federal Government under 
     section 3003(c)(8) shall be voluntary with respect to private 
     entities.
       ``(c) Coordination of Federal Data Collection.--Not later 
     than 3 years after the adoption by the Federal Government of 
     a recommendation as provided for in section 3003(c)(8), all 
     Federal agencies collecting health data in an electronic 
     format for the purposes of quality reporting, surveillance, 
     epidemiology, adverse event reporting, research, or for other 
     purposes determined appropriate by the Secretary, shall 
     comply with applicable standards and implementation 
     specifications adopted under such subsection. The 
     requirements of this subsection shall apply to the collection 
     of health data pursuant to programs authorized or required by 
     the Social Security Act only as authorized or required by 
     such Act.
       ``(d) Electronic Submission.--The Secretary shall implement 
     procedures to enable the Department of Health and Human 
     Services to accept the electronic submission of data for 
     activities described in this title and the Federal Food, 
     Drug, and Cosmetic Act.

     ``SEC. 3006. QUALITY AND EFFICIENCY REPORTS.

       ``(a) Purpose.--The purpose of this section is to provide 
     for the development of reports based on Federal health care 
     data and private data that is publicly available or is 
     provided by the entity making the request for the report in 
     order to--
       ``(1) improve the quality and efficiency of health care and 
     advance health care research;
       ``(2) enhance the education and awareness of consumers for 
     evaluating health care services; and
       ``(3) provide the public with reports on national, 
     regional, and provider- and supplier-specific performance, 
     which may be in a provider- or supplier-identifiable format.
       ``(b) Procedures for the Development of Reports.--
       ``(1) In general.--Notwithstanding section 552(b)(6) or 
     552a(b) of title 5, United States Code, subject to paragraph 
     (2)(A)(ii), not later than 12 months after the date of 
     enactment of this section, the Secretary, in accordance with 
     the purpose described in subsection (a), shall establish and 
     implement procedures under which an entity may submit a 
     request to a Quality Reporting Organization for the 
     Organization to develop a report based on--
       ``(A) Federal health care data disclosed to the 
     Organization under subsection (c);
       ``(B) private data that is publicly available or is 
     provided to the Organization by the entity making the request 
     for the report; and
       ``(C) clinical data, when available, used to improve the 
     quality of care, monitor chronic diseases and medical 
     procedures, and includes the following characteristics:
       ``(i) Has multi-institutional data sources.
       ``(ii) Is national in scope.
       ``(iii) Has publicly available protocols that encompass 
     common definitions, data collection, sampling size, 
     methodology, and standardized reporting format.
       ``(iv) Has an external audit process to ensure adequacy and 
     quality of data.
       ``(v) Is risk-adjusted to ensure appropriate data 
     comparison.
       ``(2) Definitions.--In this section:
       ``(A) Federal health care data.--
       ``(i) In general.--Subject to clause (ii), the term 
     `Federal health care data' means--

       ``(I) deidentified enrollment data and deidentified claims 
     data maintained by the Secretary or entities under programs, 
     contracts, grants, or memoranda of understanding administered 
     by the Secretary; and
       ``(II) where feasible, other deidentified enrollment data 
     and deidentified claims data maintained by the Federal 
     Government or entities under contract with the Federal 
     Government.

       ``(ii) Exception.--The term `Federal health care data' 
     includes data relating to programs administered by the 
     Secretary under the Social Security Act only to the extent 
     that the disclosure of such data is authorized or required 
     under such Act.
       ``(B) Quality reporting organization.--The term `Quality 
     Reporting Organization' means an entity with a contract under 
     subsection (d).
       ``(c) Access to Federal Health Care Data.--
       ``(1) In general.--The procedures established under 
     subsection (b)(1) shall provide for the secure disclosure of 
     Federal health care data to each Quality Reporting 
     Organization.
       ``(2) Update of information.--Not less than every 6 months, 
     the Secretary shall update the information disclosed under 
     paragraph (1) to Quality Reporting Organizations.
       ``(d) Quality Reporting Organizations.--
       ``(1) In general.--
       ``(A) Contracts.--Subject to subparagraph (B), the 
     Secretary shall enter into a contract with up to 3 private 
     entities to serve as Quality Reporting Organizations under 
     which an entity shall--
       ``(i) store the Federal health care data that is to be 
     disclosed under subsection (c); and
       ``(ii) develop and release reports pursuant to subsection 
     (e).
       ``(B) Additional contracts.--If the Secretary determines 
     that reports are not being developed and released within 6 
     months of the receipt of the request for the report, the 
     Secretary shall enter into contracts with additional private 
     entities in order to ensure that such reports are developed 
     and released in a timely manner.
       ``(2) Qualifications.--The Secretary shall enter into a 
     contract with an entity under paragraph (1) only if the 
     Secretary determines that the entity--
       ``(A) has the research capability to conduct and complete 
     reports under this section;
       ``(B) has in place--
       ``(i) an information technology infrastructure to support 
     the database of Federal health care data that is to be 
     disclosed to the entity; and
       ``(ii) operational standards to provide security for such 
     database;
       ``(C) has experience with, and expertise on, the 
     development of reports on health care quality and efficiency; 
     and
       ``(D) has a significant business presence in the United 
     States.
       ``(3) Contract requirements.--Each contract with an entity 
     under paragraph (1) shall contain the following requirements:
       ``(A) Ensuring beneficiary privacy.--
       ``(i) HIPAA.--The entity shall meet the requirements 
     imposed on a covered entity for purposes of applying part C 
     of title XI and all regulatory provisions promulgated 
     thereunder, including regulations (relating to privacy) 
     adopted pursuant to the authority of the Secretary under 
     section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
       ``(ii) Other statutory protections.--The entity shall be 
     required to refrain from disclosing data that could be 
     withheld by the Secretary under section 552 of title 5, 
     United States Code, or whose disclosure by the Secretary 
     would violate section 552a of such title.
       ``(B) Proprietary information.--The entity shall provide 
     assurances that the entity will not disclose any negotiated 
     price concessions, such as discounts, direct or indirect 
     subsidies, rebates, and direct or indirect remunerations, 
     obtained by health care providers or suppliers or health care 
     plans, or any other proprietary cost information.
       ``(C) Disclosure.--The entity shall disclose--
       ``(i) any financial, reporting, or contractual relationship 
     between the entity and any health care provider or supplier 
     or health care plan; and
       ``(ii) if applicable, the fact that the entity is managed, 
     controlled, or operated by any

[[Page S1569]]

     health care provider or supplier or health care plan.
       ``(D) Component of another organization.--If the entity is 
     a component of another organization--
       ``(i) the entity shall maintain Federal health care data 
     and reports separately from the rest of the organization and 
     establish appropriate security measures to maintain the 
     confidentiality and privacy of the Federal health care data 
     and reports; and
       ``(ii) the entity shall not make an unauthorized disclosure 
     to the rest of the organization of Federal health care data 
     or reports in breach of such confidentiality and privacy 
     requirement.
       ``(E) Termination or nonrenewal.--If a contract under this 
     section is terminated or not renewed, the following 
     requirements shall apply:
       ``(i) Confidentiality and privacy protections.--The entity 
     shall continue to comply with the confidentiality and privacy 
     requirements under this section with respect to all Federal 
     health care data disclosed to the entity and each report 
     developed by the entity.
       ``(ii) Disposition of data and reports.--The entity shall--

       ``(I) return to the Secretary all Federal health care data 
     disclosed to the entity and each report developed by the 
     entity; or
       ``(II) if returning the Federal health care data and 
     reports is not practicable, destroy the reports and Federal 
     health care data.

       ``(4) Competitive procedures.--Competitive procedures (as 
     defined in section 4(5) of the Federal Procurement Policy 
     Act) shall be used to enter into contracts under paragraph 
     (1).
       ``(5) Review of contract in the event of a merger or 
     acquisition.--The Secretary shall review the contract with a 
     Quality Reporting Organization under this section in the 
     event of a merger or acquisition of the Organization in order 
     to ensure that the requirements under this section will 
     continue to be met.
       ``(e) Development and Release of Reports Based on 
     Requests.--
       ``(1) Request for a report.--
       ``(A) Request.--
       ``(i) In general.--The procedures established under 
     subsection (b)(1) shall include a process for an entity to 
     submit a request to a Quality Reporting Organization for a 
     report based on Federal health care data and private data 
     that is publicly available or is provided by the entity 
     making the request for the report. Such request shall comply 
     with the purpose described in subsection (a).
       ``(ii) Request for specific methodology.--The process 
     described in clause (i) shall permit an entity making a 
     request for a report to request that a specific methodology, 
     including appropriate risk adjustment, be used by the Quality 
     Reporting Organization in developing the report. The 
     Organization shall work with the entity making the request to 
     finalize the methodology to be used.
       ``(iii) Request for a specific qro.--The process described 
     in clause (i) shall permit an entity to submit the request 
     for a report to any Quality Reporting Organization.
       ``(B) Release to public.--The procedures established under 
     subsection (b)(1) shall provide that at the time a request 
     for a report is finalized under subparagraph (A) by a Quality 
     Reporting Organization, the Organization shall make available 
     to the public, through the Internet website of the Department 
     of Health and Human Services and other appropriate means, a 
     brief description of both the requested report and the 
     methodology to be used to develop such report.
       ``(2) Development and release of report.--
       ``(A) Development.--
       ``(i) In general.--If the request for a report complies 
     with the purpose described in subsection (a), the Quality 
     Reporting Organization may develop the report based on the 
     request.
       ``(ii) Requirement.--A report developed under clause (i) 
     shall include a detailed description of the standards, 
     methodologies, and measures of quality used in developing the 
     report.
       ``(iii) Risk adjustment.--A Quality Reporting Organization 
     shall ensure that the methodology used to develop a report 
     under clause (i) shall include acceptable risk adjustment and 
     case-mix adjustment developed in consultation with providers 
     as described in clause (iv).
       ``(iv) Provider consultation.--During the development of 
     the report under clause (i), the Quality Reporting 
     Organization shall consult with a group of not more than 5 
     providers of the relevant specialty who are appointed by the 
     providers' respective national associations, as to compliance 
     with clauses (ii) and (iii). The comments of the consulted 
     providers shall be included in the public release of the 
     report.
       ``(B) Review of report by secretary.--Prior to a Quality 
     Reporting Organization releasing a report under subparagraph 
     (C), and within 30 days of receiving a request for such a 
     release, the Secretary shall review the report to ensure that 
     the report was delivered using a scientifically valid 
     methodology including appropriate risk adjustment and case-
     mix adjustment, and determine that the report does not 
     disclose--
       ``(i) information whose disclosure by a covered entity, as 
     such term is defined for purposes of the regulations issued 
     under section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996, would violate such regulations; 
     or
       ``(ii) information that could be withheld by the Department 
     of Health and Human Services under section 552 of title 5, 
     United States Code, or whose disclosure by the Department 
     would violate section 552(a) of such title.
       ``(C) Release of report.--
       ``(i) Release to entity making request.--If the Secretary 
     finds that the report complies with the provisions described 
     in subparagraph (B), the Quality Reporting Organization shall 
     release the report to the entity that made the request for 
     the report.
       ``(ii) Release to public.--The procedures established under 
     subsection (b)(1) shall provide for the following:

       ``(I) Updated description.--At the time of the release of a 
     report by a Quality Reporting Organization under clause (i), 
     the entity shall make available to the public, through the 
     Internet website of the Department of Health and Human 
     Services and other appropriate means, an updated brief 
     description of both the requested report and the methodology 
     used to develop such report.
       ``(II) Complete report.--Not later than 1 year after the 
     date of the release of a report under clause (i), the report 
     shall be made available to the public through the Internet 
     website of the Department of Health and Human Services and 
     other appropriate means.

       ``(f) Annual Review of Reports and Termination of 
     Contracts.--
       ``(1) Annual review of reports.--The Comptroller General of 
     the United States shall review reports released under 
     subsection (e)(2)(C) to ensure that such reports comply with 
     the purpose described in subsection (a) and annually submit a 
     report to the Secretary on such review.
       ``(2) Termination of contracts.--The Secretary may 
     terminate a contract with a Quality Reporting Organization if 
     the Secretary determines that there is a pattern of reports 
     being released by the Organization that do not comply with 
     the purpose described in subsection (a).
       ``(g) Fees.--
       ``(1) Fees for secretary.--The Secretary shall charge a 
     Quality Reporting Organization a fee for--
       ``(A) disclosing the data under subsection (c); and
       ``(B) conducting the review under subsection (e)(2)(B).
     The Secretary shall ensure that such fees are sufficient to 
     cover the costs of the activities described in subparagraph 
     (A) and (B).
       ``(2) Fees for qro.--
       ``(A) In general.--Subject to subparagraphs (A) and (B), a 
     Quality Reporting Organization may charge an entity making a 
     request for a report a reasonable fee for the development and 
     release of the report.
       ``(B) Discount for small entities.--In the case of an 
     entity making a request for a report (including a not-for-
     profit) that has annual revenue that does not exceed 
     $10,000,000, the Quality Reporting Organization shall reduce 
     the reasonable fee charged to such entity under subparagraph 
     (A) by an amount equal to 10 percent of such fee.
       ``(C) Increase for large entities that do not agree to 
     release reports within 6 months.--In the case of an entity 
     making a request for a report that is not described in 
     subparagraph (B) and that does not agree to the report being 
     released to the public under clause (ii)(II) of subsection 
     (e)(2)(C) within 6 months of the date of the release of the 
     report to the entity under clause (i) of such subsection, the 
     Quality Reporting Organization shall increase the reasonable 
     fee charged to such entity under subparagraph (A) by an 
     amount equal to 10 percent of such fee.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall be construed to effect the requirement that a report be 
     released to the public under clause (ii)(II) of subsection 
     (e)(2)(C)(ii)(II) by not later than 1 year after the date of 
     the release of the report to the requesting entity under 
     clause (i) of such subsection.
       ``(h) Regulations.--Not later than 6 months after the date 
     of enactment of this section, the Secretary shall prescribe 
     regulations to carry out this section.

     ``SEC. 3007. RESEARCH ACCESS TO HEALTH CARE DATA AND 
                   REPORTING ON PERFORMANCE.

       ``The Secretary shall permit researchers that meet criteria 
     used to evaluate the appropriateness of the release data for 
     research purpose (as established by the Secretary) to--
       ``(1) have access to Federal health care data (as defined 
     in section 3006(b)(2)(A)); and
       ``(2) report on the performance of health care providers 
     and suppliers, including reporting in a provider- or 
     supplier-identifiable format.''.
       (b) Coordination.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit a report (including recommendations) to 
     the appropriate committees of Congress concerning the 
     coordination of existing Federal health care quality 
     initiatives.

   Subtitle B--Facilitating the Widespread Adoption of Interoperable 
                     Health Information Technology

     SEC. 13201. FACILITATING THE WIDESPREAD ADOPTION OF 
                   INTEROPERABLE HEALTH INFORMATION TECHNOLOGY.

       Title XXX of the Public Health Service Act, as added by 
     section 13101, is amended by adding at the end the following:

[[Page S1570]]

     ``SEC. 3008. FACILITATING THE WIDESPREAD ADOPTION OF 
                   INTEROPERABLE HEALTH INFORMATION TECHNOLOGY.

       ``(a) Competitive Grants for Adoption of Technology.--
       ``(1) In general.--The Secretary may award competitive 
     grants to eligible entities to facilitate the purchase and 
     enhance the utilization of qualified health information 
     technology systems to improve the quality and efficiency of 
     health care.
       ``(2) Eligibility.--To be eligible to receive a grant under 
     paragraph (1) an entity shall--
       ``(A) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require;
       ``(B) submit to the Secretary a strategic plan for the 
     implementation of data sharing and interoperability standards 
     and implementation specifications;
       ``(C) adopt the standards and implementation specifications 
     adopted by the Federal Government under section 3003;
       ``(D) implement the measures adopted under section 3010 and 
     report to the Secretary on such measures;
       ``(E) agree to notify individuals if their individually 
     identifiable health information is wrongfully disclosed;
       ``(F) take into account the input of employees and staff 
     who are directly involved in patient care of such health care 
     providers in the design, implementation, and use of qualified 
     health information technology systems;
       ``(G) demonstrate significant financial need;
       ``(H) provide matching funds in accordance with paragraph 
     (4); and
       ``(I) be a--
       ``(i) public or not for profit hospital;
       ``(ii) federally qualified health center (as defined in 
     section 1861(aa)(4) of the Social Security Act);
       ``(iii) individual or group practice (or a consortium 
     thereof); or
       ``(iv) another health care provider not described in clause 
     (i) or (ii);
     that serves medically underserved communities.
       ``(3) Use of funds.--Amounts received under a grant under 
     this subsection shall be used to--
       ``(A) facilitate the purchase of qualified health 
     information technology systems;
       ``(B) train personnel in the use of such systems;
       ``(C) enhance the utilization of qualified health 
     information technology systems (which may include activities 
     to increase the awareness among consumers of health care 
     privacy protections); or
       ``(D) improve the prevention and management of chronic 
     disease.
       ``(4) Matching requirement.--To be eligible for a grant 
     under this subsection an entity shall contribute non-Federal 
     contributions to the costs of carrying out the activities for 
     which the grant is awarded in an amount equal to $1 for each 
     $3 of Federal funds provided under the grant.
       ``(5) Preference in awarding grants.--In awarding grants 
     under this subsection the Secretary shall give preference 
     to--
       ``(A) eligible entities that will improve the degree to 
     which such entity will link the qualified health information 
     system to local or regional health information plan or plans; 
     and
       ``(B) with respect to awards made for the purpose of 
     providing care in an outpatient medical setting, entities 
     that organize their practices as a patient-centered medical 
     home.
       ``(b) Competitive Grants for the Development of State Loan 
     Programs to Facilitate the Widespread Adoption of Health 
     Information Technology.--
       ``(1) In general.--The Secretary may award competitive 
     grants to States for the establishment of State programs for 
     loans to health care providers to facilitate the purchase and 
     enhance the utilization of qualified health information 
     technology.
       ``(2) Establishment of fund.--To be eligible to receive a 
     competitive grant under this subsection, a State shall 
     establish a qualified health information technology loan fund 
     (referred to in this subsection as a `State loan fund') and 
     comply with the other requirements contained in this 
     subsection. Amounts received under a grant under this 
     subsection shall be deposited in the State loan fund 
     established by the State. No funds authorized by other 
     provisions of this title to be used for other purposes 
     specified in this title shall be deposited in any such State 
     loan fund.
       ``(3) Eligibility.--To be eligible to receive a grant under 
     paragraph (1) a State shall--
       ``(A) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require;
       ``(B) submit to the Secretary a strategic plan in 
     accordance with paragraph (4);
       ``(C) establish a qualified health information technology 
     loan fund in accordance with paragraph (2);
       ``(D) require that health care providers receiving loans 
     under the grant--
       ``(i) link, to the extent practicable, the qualified health 
     information system to a local or regional health information 
     network;
       ``(ii) consult, as needed, with the Health Information 
     Technology Resource Center established in section 914(d) to 
     access the knowledge and experience of existing initiatives 
     regarding the successful implementation and effective use of 
     health information technology;
       ``(iii) agree to notify individuals if their individually 
     identifiable health information is wrongfully disclosed; and
       ``(iv) take into account the input of employees and staff 
     who are directly involved in patient care of such health care 
     providers in the design and implementation and use of 
     qualified health information technology systems;
       ``(E) require that health care providers receiving loans 
     under the grant adopt the standards adopted by the Federal 
     Government under section 3003;
       ``(F) require that health care providers receiving loans 
     under the grant implement the measures adopted under section 
     3010 and report to the Secretary on such measures; and
       ``(G) provide matching funds in accordance with paragraph 
     (8).
       ``(4) Strategic plan.--
       ``(A) In general.--A State that receives a grant under this 
     subsection shall annually prepare a strategic plan that 
     identifies the intended uses of amounts available to the 
     State loan fund of the State.
       ``(B) Contents.--A strategic plan under subparagraph (A) 
     shall include--
       ``(i) a list of the projects to be assisted through the 
     State loan fund in the first fiscal year that begins after 
     the date on which the plan is submitted;
       ``(ii) a description of the criteria and methods 
     established for the distribution of funds from the State loan 
     fund;
       ``(iii) a description of the financial status of the State 
     loan fund and the short-term and long-term goals of the State 
     loan fund; and
       ``(iv) a description of the strategies the State will use 
     to address challenges in the adoption of health information 
     technology due to limited broadband access.
       ``(5) Use of funds.--
       ``(A) In general.--Amounts deposited in a State loan fund, 
     including loan repayments and interest earned on such 
     amounts, shall be used only for awarding loans or loan 
     guarantees, or as a source of reserve and security for 
     leveraged loans, the proceeds of which are deposited in the 
     State loan fund established under paragraph (1). Loans under 
     this section may be used by a health care provider to--
       ``(i) facilitate the purchase of qualified health 
     information technology systems;
       ``(ii) enhance the utilization of qualified health 
     information technology systems (which may include activities 
     to increase the awareness among consumers of health care of 
     privacy protections and privacy rights); or
       ``(iii) train personnel in the use of such systems.
       ``(B) Limitation.--Amounts received by a State under this 
     subsection may not be used--
       ``(i) for the purchase or other acquisition of any health 
     information technology system that is not a qualified health 
     information technology system;
       ``(ii) to conduct activities for which Federal funds are 
     expended under this title, or the amendments made by the 
     Wired for Health Care Quality Act; or
       ``(iii) for any purpose other than making loans to eligible 
     entities under this section.
       ``(6) Types of assistance.--Except as otherwise limited by 
     applicable State law, amounts deposited into a State loan 
     fund under this subsection may only be used for the 
     following:
       ``(A) To award loans that comply with the following:
       ``(i) The interest rate for each loan shall be less than or 
     equal to the market interest rate.
       ``(ii) The principal and interest payments on each loan 
     shall commence not later than 1 year after the date on which 
     the loan was awarded, and each loan shall be fully amortized 
     not later than 10 years after such date.
       ``(iii) The State loan fund shall be credited with all 
     payments of principal and interest on each loan awarded from 
     the fund.
       ``(B) To guarantee, or purchase insurance for, a local 
     obligation (all of the proceeds of which finance a project 
     eligible for assistance under this subsection) if the 
     guarantee or purchase would improve credit market access or 
     reduce the interest rate applicable to the obligation 
     involved.
       ``(C) As a source of revenue or security for the payment of 
     principal and interest on revenue or general obligation bonds 
     issued by the State if the proceeds of the sale of the bonds 
     will be deposited into the State loan fund.
       ``(D) To earn interest on the amounts deposited into the 
     State loan fund.
       ``(7) Administration of state loan funds.--
       ``(A) Combined financial administration.--A State may (as a 
     convenience and to avoid unnecessary administrative costs) 
     combine, in accordance with State law, the financial 
     administration of a State loan fund established under this 
     subsection with the financial administration of any other 
     revolving fund established by the State if not otherwise 
     prohibited by the law under which the State loan fund was 
     established.
       ``(B) Cost of administering fund.--Each State may annually 
     use not to exceed 4 percent of the funds provided to the 
     State under a grant under this subsection to pay the 
     reasonable costs of the administration of the programs under 
     this section, including the recovery of reasonable costs 
     expended to establish a State loan fund which are incurred 
     after the date of enactment of this title.

[[Page S1571]]

       ``(C) Guidance and regulations.--The Secretary shall 
     publish guidance and promulgate regulations as may be 
     necessary to carry out the provisions of this subsection, 
     including--
       ``(i) provisions to ensure that each State commits and 
     expends funds allotted to the State under this subsection as 
     efficiently as possible in accordance with this title and 
     applicable State laws; and
       ``(ii) guidance to prevent waste, fraud, and abuse.
       ``(D) Private sector contributions.--
       ``(i) In general.--A State loan fund established under this 
     subsection may accept contributions from private sector 
     entities, except that such entities may not specify the 
     recipient or recipients of any loan issued under this 
     subsection.
       ``(ii) Availability of information.--A State shall make 
     publicly available the identity of, and amount contributed 
     by, any private sector entity under clause (i) and may issue 
     letters of commendation or make other awards (that have no 
     financial value) to any such entity.
       ``(8) Matching requirements.--
       ``(A) In general.--The Secretary may not make a grant under 
     paragraph (1) to a State unless the State agrees to make 
     available (directly or through donations from public or 
     private entities) non-Federal contributions in cash toward 
     the costs of the State program to be implemented under the 
     grant in an amount equal to not less than $1 for each $1 of 
     Federal funds provided under the grant.
       ``(B) Determination of amount of non-federal 
     contribution.--In determining the amount of non-Federal 
     contributions that a State has provided pursuant to 
     subparagraph (A), the Secretary may not include any amounts 
     provided to the State by the Federal Government.
       ``(9) Preference in awarding grants.--The Secretary may 
     give a preference in awarding grants under this subsection to 
     States that adopt value-based purchasing programs to improve 
     health care quality.
       ``(10) Reports.--The Secretary shall annually submit to the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Finance of the Senate, and the Committee on 
     Energy and Commerce and the Committee on Ways and Means of 
     the House of Representatives, a report summarizing the 
     reports received by the Secretary from each State that 
     receives a grant under this subsection.
       ``(c) Competitive Grants for the Implementation of Regional 
     or Local Health Information Technology Plans.--
       ``(1) In general.--The Secretary may award competitive 
     grants to eligible entities to implement regional or local 
     health information plans to improve health care quality and 
     efficiency through the electronic exchange of health 
     information pursuant to the standards, implementation 
     specifications and certification criteria, and other 
     requirements adopted by the Secretary under section 3010.
       ``(2) Eligibility.--To be eligible to receive a grant under 
     paragraph (1) an entity shall--
       ``(A) demonstrate financial need to the Secretary;
       ``(B) demonstrate that one of its principal missions or 
     purposes is to use information technology to improve health 
     care quality and efficiency;
       ``(C) adopt bylaws, memoranda of understanding, or other 
     charter documents that demonstrate that the governance 
     structure and decisionmaking processes of such entity allow 
     for participation on an ongoing basis by multiple 
     stakeholders within a community, including--
       ``(i) health care providers (including health care 
     providers that provide services to low income and underserved 
     populations);
       ``(ii) pharmacists or pharmacies;
       ``(iii) health plans;
       ``(iv) health centers (as defined in section 330(b)) and 
     federally qualified health centers (as defined in section 
     1861(aa)(4) of the Social Security Act) and rural health 
     clinics (as defined in section 1861(aa) of the Social 
     Security Act), if such centers or clinics are present in the 
     community served by the entity;
       ``(v) patient or consumer organizations;
       ``(vi) organizations dedicated to improving the health of 
     vulnerable populations;
       ``(vii) employers;
       ``(viii) State or local health departments; and
       ``(ix) any other health care providers or other entities, 
     as determined appropriate by the Secretary;
       ``(D) demonstrate the participation, to the extent 
     practicable, of stakeholders in the electronic exchange of 
     health information within the local or regional plan pursuant 
     to subparagraph (C);
       ``(E) adopt nondiscrimination and conflict of interest 
     policies that demonstrate a commitment to open, fair, and 
     nondiscriminatory participation in the health information 
     plan by all stakeholders;
       ``(F) adopt the standards and implementation specifications 
     adopted by the Secretary under section 3003;
       ``(G) require that health care providers receiving such 
     grants--
       ``(i) implement the measures adopted under section 3010 and 
     report to the Secretary on such measures; and
       ``(ii) take into account the input of employees and staff 
     who are directly involved in patient care of such health care 
     providers in the design, implementation, and use of health 
     information technology systems;
       ``(H) agree to notify individuals if their individually 
     identifiable health information is wrongfully disclosed;
       ``(I) facilitate the electronic exchange of health 
     information within the local or regional area and among local 
     and regional areas;
       ``(J) prepare and submit to the Secretary an application in 
     accordance with paragraph (3);
       ``(K) agree to provide matching funds in accordance with 
     paragraph (5); and
       ``(L) reduce barriers to the implementation of health 
     information technology by providers.
       ``(3) Application.--
       ``(A) In general.--To be eligible to receive a grant under 
     paragraph (1), an entity shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(B) Required information.--At a minimum, an application 
     submitted under this paragraph shall include--
       ``(i) clearly identified short-term and long-term 
     objectives of the regional or local health information plan;
       ``(ii) a technology plan that complies with the standards, 
     implementation specifications, and certification criteria 
     adopted under section 3003(c)(8) and that includes a 
     descriptive and reasoned estimate of costs of the hardware, 
     software, training, and consulting services necessary to 
     implement the regional or local health information plan;
       ``(iii) a strategy that includes initiatives to improve 
     health care quality and efficiency, including the use and 
     reporting of health care quality measures adopted under 
     section 3010;
       ``(iv) a plan that describes provisions to encourage the 
     implementation of the electronic exchange of health 
     information by all health care providers participating in the 
     health information plan;
       ``(v) a plan to ensure the privacy and security of 
     individually identifiable health information that is 
     consistent with Federal and State law;
       ``(vi) a governance plan that defines the manner in which 
     the stakeholders shall jointly make policy and operational 
     decisions on an ongoing basis;
       ``(vii) a financial or business plan that describes--

       ``(I) the sustainability of the plan;
       ``(II) the financial costs and benefits of the plan; and
       ``(III) the entities to which such costs and benefits will 
     accrue;

       ``(viii) a description of whether the State in which the 
     entity resides has received a grant under section 319D, alone 
     or as a part of a consortium, and if the State has received 
     such a grant, how the entity will coordinate the activities 
     funded under such section 319D with the system under this 
     section; and
       ``(ix) in the case of an applicant entity that is unable to 
     demonstrate the participation of all stakeholders pursuant to 
     paragraph (2)(C), the justification from the entity for any 
     such nonparticipation.
       ``(4) Use of funds.--Amounts received under a grant under 
     paragraph (1) shall be used to establish and implement a 
     regional or local health information plan in accordance with 
     this subsection.
       ``(5) Matching requirement.--
       ``(A) In general.--The Secretary may not make a grant under 
     this subsection to an entity unless the entity agrees that, 
     with respect to the costs to be incurred by the entity in 
     carrying out the infrastructure program for which the grant 
     was awarded, the entity will make available (directly or 
     through donations from public or private entities) non-
     Federal contributions toward such costs in an amount equal to 
     not less than $1 for each $2 of Federal funds provided under 
     the grant.
       ``(B) Determination of amount contributed.--Non-Federal 
     contributions required under subparagraph (A) may be in cash 
     or in kind, fairly evaluated, including equipment, 
     technology, or services. Amounts provided by the Federal 
     Government, or services assisted or subsidized to any 
     significant extent by the Federal Government, may not be 
     included in determining the amount of such non-Federal 
     contributions.
       ``(d) Reports.--Not later than 1 year after the date on 
     which the first grant is awarded under this section, and 
     annually thereafter during the grant period, an entity that 
     receives a grant under this section shall submit to the 
     Secretary a report on the activities carried out under the 
     grant involved. Each such report shall include--
       ``(1) a description of the financial costs and benefits of 
     the project involved and of the entities to which such costs 
     and benefits accrue;
       ``(2) an analysis of the impact of the project on health 
     care quality and safety;
       ``(3) a description of any reduction in duplicative or 
     unnecessary care as a result of the project involved; and
       ``(4) other information as required by the Secretary.
       ``(e) Requirement To Achieve Quality Improvement.--The 
     Secretary shall annually evaluate the activities conducted 
     under this section and shall, in awarding grants, implement 
     the lessons learned from such evaluations in a manner so that 
     awards made subsequent to each such evaluation are made in a 
     manner that, in the determination of the Secretary, will 
     result in the greatest improvement in quality measures under 
     section

[[Page S1572]]

     3010. The Secretary shall ensure that such evaluation take 
     into account differences in patient health status, patient 
     characteristics, and geographic location, as appropriate.
       ``(f) Limitations.--
       ``(1) Eligible entities.--An eligible entity may only 
     receive 1 non-renewable grant under subsection (a) and one 
     non-renewable grant under subsection (c).
       ``(2) Loan recipients.--A health care provider may only 
     receive 1 non-renewable loan awarded or guaranteed with funds 
     provided under subsection (b),
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--For the purpose of carrying out this 
     section, there is authorized to be appropriated $139,000,000 
     for fiscal year 2009 and $139,000,000 for fiscal year 2010.
       ``(2) Availability.--Amounts appropriated under paragraph 
     (1) shall remain available through fiscal year 2012.

     ``SEC. 3009. DEMONSTRATION PROGRAM TO INTEGRATE INFORMATION 
                   TECHNOLOGY INTO CLINICAL EDUCATION.

       ``(a) In General.--The Secretary may award grants to 
     eligible entities or consortia under this section to carry 
     out demonstration projects to develop academic curricula 
     integrating qualified health information technology systems 
     in the clinical education of health professionals or analyze 
     clinical data sets from electronic health records to discover 
     quality measures. Such awards shall be made on a competitive 
     basis and pursuant to peer review.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity or consortium shall--
       ``(1) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require;
       ``(2) be or include--
       ``(A) a health professions school;
       ``(B) a school of public health;
       ``(C) a school of nursing; or
       ``(D) an institution with a graduate medical education 
     program;
       ``(3) provide for the collection of data regarding the 
     effectiveness of the demonstration project to be funded under 
     the grant in improving the safety of patients and the 
     efficiency of health care delivery; and
       ``(4) provide matching funds in accordance with subsection 
     (d).
       ``(c) Use of Funds.--
       ``(1) In general.--With respect to a grant under subsection 
     (a), an eligible entity or consortium shall use amounts 
     received under the grant in collaboration with 2 or more 
     disciplines.
       ``(2) Limitation.--An eligible entity or consortium shall 
     not award a grant under subsection (a) to purchase hardware, 
     software, or services.
       ``(d) Matching Funds.--
       ``(1) In general.--The Secretary may award a grant to an 
     entity or consortium under this section only if the entity or 
     consortium agrees to make available non-Federal contributions 
     toward the costs of the program to be funded under the grant 
     in an amount that is not less than $1 for each $2 of Federal 
     funds provided under the grant.
       ``(2) Determination of amount contributed.--Non-Federal 
     contributions under paragraph (1) may be in cash or in kind, 
     fairly evaluated, including equipment or services. Amounts 
     provided by the Federal Government, or services assisted or 
     subsidized to any significant extent by the Federal 
     Government, may not be included in determining the amount of 
     such contributions.
       ``(e) Evaluation.--The Secretary shall take such action as 
     may be necessary to evaluate the projects funded under this 
     section and publish, make available, and disseminate the 
     results of such evaluations on as wide a basis as is 
     practicable.
       ``(f) Reports.--Not later than 1 year after the date of 
     enactment of this title, and annually thereafter, the 
     Secretary shall submit to the Committee on Health, Education, 
     Labor, and Pensions and the Committee on Finance of the 
     Senate, and the Committee on Energy and Commerce and the 
     Committee on Ways and Means of the House of Representatives a 
     report that--
       ``(1) describes the specific projects established under 
     this section; and
       ``(2) contains recommendations for Congress based on the 
     evaluation conducted under subsection (e).
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $2,000,000 for 
     each of fiscal years 2009 and 2010.
       ``(h) Sunset.--This provisions of this section shall not 
     apply after September 30, 2012.''.

            Subtitle C--Improving the Quality of Health Care

     SEC. 13301. CONSENSUS PROCESS FOR THE ADOPTION OF QUALITY 
                   MEASURES FOR USE IN THE NATIONWIDE 
                   INTEROPERABLE HEALTH INFORMATION TECHNOLOGY 
                   INFRASTRUCTURE.

       Title XXX of the Public Health Service Act, as amended by 
     section 13201, is further amended by adding at the end the 
     following:

     ``SEC. 3010. FOSTERING DEVELOPMENT AND USE OF HEALTH CARE 
                   QUALITY MEASURES.

       ``(a) In General.--Only for purposes of activities 
     conducted under this title, and excluding all programs 
     authorized under the Social Security Act, the Secretary shall 
     provide for the endorsement and use of health care quality 
     measures (referred to in this title as `quality measures') 
     for the purpose of measuring the quality and efficiency of 
     health care that patients receive pursuant to programs 
     authorized under this title.
       ``(b) Designation of, and Arrangement With, Organization.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this title, the Secretary shall designate, and 
     have in effect an arrangement with, a single organization 
     that meets the requirements of subsection (c) under which 
     such organization shall promote the development of quality 
     measures by a variety of quality measurement development 
     organizations, including the Physician Consortium for 
     Performance Improvement, the National Committee for Quality 
     Assurance, and others, only for purposes of activities 
     conducted under this title and provide the Secretary with 
     advice and recommendations on the key elements and priorities 
     of a national system for health care quality measurement for 
     purposes of activities conducted under this title.
       ``(2) Responsibilities.--The responsibilities to be 
     performed by the organization designated under paragraph (1) 
     (in this title referred to as the `designated organization') 
     shall include--
       ``(A) establishing and managing an integrated strategy and 
     process for setting priorities and goals in establishing 
     quality measures only for purposes of activities conducted 
     under this title;
       ``(B) coordinating and harmonizing the development and 
     testing of such measures;
       ``(C) establishing standards for the development and 
     testing of such measures;
       ``(D) endorsing national consensus quality measures;
       ``(E) recommending, in collaboration with multi-stakeholder 
     groups, quality measures to the Secretary for adoption and 
     use only for purposes of activities conducted under this 
     title;
       ``(F) promoting the development and use of electronic 
     health records that contain the functionality for automated 
     collection, aggregation, and transmission of performance 
     measurement information; and
       ``(G) providing recommendations and advice to the Entity 
     regarding the integration of quality measures into the 
     standards, implementation specification, and certification 
     criteria adoption process outlined under section 3003 and the 
     Policy Committee regarding national policies outlined under 
     section 3004.
       ``(c) Requirements Described.--The requirements described 
     in this subsection are the following:
       ``(1) Private entity.--The organization shall be a private 
     nonprofit entity that is governed by a board of directors and 
     an individual who is designated as president and chief 
     executive officer.
       ``(2) Board membership.--The members of the board of 
     directors of the entity shall include representatives of--
       ``(A) health care providers or groups representing 
     providers;
       ``(B) health plans or groups representing health plans;
       ``(C) patients or consumers enrolled in such plans or 
     groups representing individuals enrolled in such plans;
       ``(D) health care purchasers and employers or groups 
     representing purchasers or employers; and
       ``(E) organizations that develop health information 
     technology standards and new health information technology.
       ``(3) Other membership requirements.--The membership of the 
     board of directors of the entity shall be representative of 
     individuals with experience with--
       ``(A) urban health care issues;
       ``(B) safety net health care issues;
       ``(C) rural or frontier health care issues;
       ``(D) quality and safety issues;
       ``(E) State or local health programs;
       ``(F) individuals or entities skilled in the conduct and 
     interpretation of biomedical, health services, and health 
     economics research and with expertise in outcomes and 
     effectiveness research and technology assessment; and
       ``(G) individuals or entities involved in the development 
     and establishment of standards and certification for health 
     information technology systems and clinical data.
       ``(4) Open and transparent.--With respect to matters 
     related to the arrangement with the Secretary under 
     subsection (a)(1), the organization shall conduct its 
     business in an open and transparent manner, and provide the 
     opportunity for public comment and ensure a balance among 
     disparate stakeholders, so that no member organization unduly 
     influences the work of the organization.
       ``(5) Voluntary consensus standards setting 
     organizations.--The organization shall operate as a voluntary 
     consensus standards setting organization as defined for 
     purposes of section 12(d) of the National Technology Transfer 
     and Advancement Act of 1995 (Public Law 104-113) and Office 
     of Management and Budget Revised Circular A-119 (published in 
     the Federal Register on February 10, 1998).
       ``(6) Participation.--If the organization requires a fee 
     for membership, the organization shall ensure that such fee 
     is not a substantial barrier to participation in the entity's 
     activities related to the arrangement with the Secretary.
       ``(d) Requirements for Measures.--The quality measures 
     developed under this title only for purposes of activities 
     conducted under this title shall comply with the following:
       ``(1) Measures.--The designated organization, in promoting 
     the development of quality measures under this title, shall 
     ensure that such measures--
       ``(A) are evidence-based, reliable, and valid;

[[Page S1573]]

       ``(B) include--
       ``(i) measures of clinical processes and outcomes, patient 
     experience, efficiency, and equity; and
       ``(ii) measures to assess effectiveness, timeliness, 
     patient self-management, patient centeredness, and safety; 
     and
       ``(C) include measures of underuse and overuse.
       ``(2) Priorities.--In carrying out its responsibilities 
     under this section, the designated organization shall ensure 
     that priority is given to--
       ``(A) measures with the greatest potential impact for 
     improving the performance and efficiency of care;
       ``(B) measures that may be rapidly implemented by group 
     health plans, health insurance issuers, physicians, 
     hospitals, nursing homes, long-term care providers, and other 
     providers;
       ``(C) measures which may inform health care decisions made 
     by consumers and patients;
       ``(D) measures that apply to multiple services furnished by 
     different providers during an episode of care;
       ``(E) measures that can be integrated into the standards, 
     implementation specifications, and the certification criteria 
     adoption process described in section 3003; and
       ``(F) measures that may be integrated into the decision 
     support function of qualified health information technology 
     as defined by this title.
       ``(3) Risk adjustment.--The designated organization, in 
     consultation with performance measure developers and other 
     stakeholders, shall establish procedures to ensure that 
     quality measures take into account differences in patient 
     health status, patient characteristics, and geographic 
     location, as appropriate.
       ``(4) Maintenance.--The designated organization, in 
     consultation with owners and developers of quality measures, 
     shall have in place protocols designed to ensure that such 
     measures are current and reflect the most recent available 
     evidence and clinical guidelines.
       ``(e) Grants for Performance Measure Development.--The 
     Secretary, acting through the Agency for Healthcare Research 
     and Quality, may award grants, in amounts not to exceed 
     $50,000 each, to organizations to support the development and 
     testing of quality measures that meet the standards 
     established by the designated organization.
       ``(f) Adoption and Use of Quality Measures.--For purposes 
     of carrying out activities authorized or required under this 
     title to ensure the use of quality measures and to foster 
     uniformity between health care quality measures utilized by 
     private entities, the Secretary shall--
       ``(1) select quality measures for adoption and use, from 
     quality measures recommended by multi-stakeholder groups and 
     endorsed by the designated organization; and
       ``(2) ensure that the standards and implementation 
     specifications adopted under section 3003 integrate the 
     quality measures endorsed, adopted, and utilized under this 
     section.

     ``SEC. 3011. RELATIONSHIP WITH PROGRAMS UNDER THE SOCIAL 
                   SECURITY ACT.

       ``(a) In General.--For purposes of carrying out activities 
     authorized or required under this title, the Secretary shall 
     ensure that the quality measures not described in subsection 
     (b) and adopted under this title--
       ``(1) complement quality measures developed by the 
     Secretary under programs administered by the Secretary under 
     the Social Security Act, including programs under titles 
     XVIII, XIX, and XXI of such Act; and
       ``(2) do not conflict with the needs, priorities, and 
     activities of programs authorized or required under titles 
     XVIII, XIX, and XXI of such Act, as set forth by the 
     Administrator of the Centers for Medicare & Medicaid 
     Services.
       ``(b) Adoption of Medicare, Medicaid, and SCHIP Measures.--
     Where quality measures developed and endorsed through a 
     multi-stakeholder consensus process under title XVIII, XIX, 
     or XXI of the Social Security Act are available and 
     appropriate, the Secretary shall adopt such measures for 
     activities under this title.
       ``(c) Nonduplication of Social Security Act Reporting 
     Requirements.--If a grantee under section 3008 reports on 
     quality measures to the Secretary under title XVII, XIX, or 
     XXI of the Social Security Act, such grantee is deemed to 
     have met the quality reporting requirement under such section 
     3008, provided that such reporting is conducted utilizing a 
     qualified health information technology system.''.

                    Subtitle D--Privacy and Security

     SEC. 13401. PRIVACY AND SECURITY.

       Title XXX of the Public Health Service Act, as amended by 
     section 13301, is further amended by adding at the end the 
     following:

     ``SEC. 3012. PRIVACY AND SECURITY.

       ``(a) Privacy and Security of Personal Health Records.--Not 
     later than 180 days after the date of enactment of this 
     title, the Secretary shall submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate, the Committee 
     on the Judiciary of the Senate, the Committee on the 
     Judiciary of the House of Representatives, and the Committee 
     on Energy and Commerce of the House of Representatives, a 
     report containing recommendations for privacy and security 
     protections for personal health records, including whether it 
     is appropriate to apply any provisions of subpart E of part 
     164 of title 45, Code of Federal Regulations, to such records 
     and the extent to which the implementation of separate 
     privacy and security measures is necessary. In making such 
     recommendations, the Secretary shall to the maximum extent 
     practicable avoid the application of new regulations that 
     would be inconsistent, or conflict, with privacy regulations 
     that are in effect on the date of enactment of this title.
       ``(b) Definition.--In this section, the term `personal 
     health record' means an electronic, cumulative record of 
     health-related information concerning an individual that is 
     often drawn from multiple sources, that is offered by an 
     entity that is not a covered entity or a business associate 
     acting pursuant to a business associate agreement under the 
     Health Insurance Portability and Accountability Act of 1996 
     (and the regulations promulgated under such Act) and that is 
     primarily intended to be used and managed by the individual.
       ``(c) Marketing.--For purposes of the regulations 
     promulgated pursuant to part C of title XI of the Social 
     Security Act and section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
     note), referred to in this title as the `HIPAA Privacy Rule', 
     the term `marketing' means, in addition to the activities 
     described in section 164.501 of the HIPAA Privacy Rule (45 
     C.F.R. 164.501) and any comparable provision in any amended 
     or superseding rule, an arrangement whereby a covered entity, 
     in exchange for remuneration, makes a communication described 
     in clause (i), (ii), or (iii) of paragraph (1) of the 
     definition of marketing in section 164.501 of the HIPAA 
     Privacy Rule (45 C.F.R. 164.501) as in effect on the date of 
     enactment of this title, except that the Secretary shall 
     promulgate regulations establishing the terms and conditions 
     under which covered entities may charge an appropriate fee 
     for making such communications. This subsection shall become 
     effective on the date that is 90 days after the date on which 
     the Secretary has promulgated such regulations.
       ``(d) Right of Individuals to Electronic Access.--With 
     respect to the right of access to inspect and obtain a copy 
     of health information under the HIPAA Privacy Rule, effective 
     not later than 180 days after the later of the date of 
     enactment of this title or the issuance of guidance by the 
     Secretary, any entity that maintains health information in an 
     electronic form shall, to the extent readily producible, 
     provide an individual access to that information in the form 
     or format requested, and upon request, an electronic copy of 
     such records. The Secretary shall issue such guidance as is 
     necessary to implement this subsection.
       ``(e) Rights of Individuals Who Are Victims of Medical 
     Fraud.--To the extent provided for under the HIPAA privacy 
     regulations and under the conditions specified in such 
     regulations, with respect to protected health information, an 
     individual who is a victim of medical fraud or who believes 
     that there is an error in their protected health information 
     stored in an electronic format shall have the right--
       ``(1) to have access to inspect and obtain a copy of 
     protected health information about the individual, including 
     the information fraudulently entered, in a designated record 
     set; and
       ``(2) to have a covered entity amend protected health 
     information or a record about the individual, including 
     information fraudulently entered, in a designated electronic 
     record set for as long as the protected health information is 
     maintained in the designated electronic record set to ensure 
     that fraudulent and inaccurate health information is not 
     shared or re-reported.
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed to supercede or otherwise limit the provisions 
     of any contract that provides for the application of privacy 
     protections that are greater than the privacy protections 
     provided for under the regulations promulgated under section 
     264 of the Health Insurance Portability and Accountability 
     Act of 1996.

     ``SEC. 3013. NOTICE OF PRIVACY PRACTICES.

       ``Not later than 1 year after the date of enactment of this 
     title, and after notice and comment, the Secretary shall 
     develop and disseminate a model summary notice of privacy 
     practices for use with the privacy notice required under the 
     HIPAA Privacy Rule. Such summary notice shall be suitable for 
     printing on one page and shall include separate statements on 
     any marketing uses for which authorization is sought, shall 
     describe the right to object to such uses in an way that is 
     easily understood, and shall otherwise describe the elements 
     of the right to privacy and security in a clear and concise 
     manner. Such summary notice shall be provided in a form 
     separate from any other notice or consent requests.

     ``SEC. 3014. REPORTING.

       ``Not later than 180 days after the date of enactment of 
     this title, and every year thereafter for the next 5 years, 
     the Secretary shall submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate, the Committee 
     on the Judiciary of the Senate, the Committee on the 
     Judiciary of the House of Representatives, and the Committee 
     on Energy and Commerce of the House of Representatives, a 
     report on compliance and enforcement under the HIPAA Privacy 
     Rule. Such report shall include--
       ``(1) the number of complaints filed;
       ``(2) the resolution or disposition of each complaint;
       ``(3) the amount of civil money penalties imposed;

[[Page S1574]]

       ``(4) the number of compliance reviews conducted and the 
     outcome of each such review;
       ``(5) the number of subpoenas or closed cases; and
       ``(6) the Secretary's plan for improving compliance and 
     enforcement in the coming year.

     ``SEC. 3015. NOTIFICATION OF PRIVACY BREACH.

       ``Not later than 1 year after the date of enactment of this 
     title, and after notice and comment, the Secretary shall 
     provide for the development of standards and protections and 
     determine appropriate protocols regarding the notification 
     trigger, methods, and contents of the notification by the 
     entity responsible for the protected health information to an 
     individual whose protected health information has been lost, 
     stolen, or otherwise disclosed for an unauthorized purpose. 
     Such notification shall be made within 60 days of the 
     discovery that such information has been lost, stolen, or 
     otherwise disclosed. The Secretary shall include exemptions 
     to such standards and protection for law enforcement and 
     national security purposes. The Secretary shall determine 
     penalties to be imposed on entities that fail to comply with 
     this section in accordance with sections 1176 and 1177 of the 
     Social Security Act.

     ``SEC. 3016. ACCOUNTABILITY.

       ``(a) Subcontracting and Outsourcing Overseas.--In the 
     event an entity subject to this title contracts with service 
     providers that are not subject to this title, including 
     service providers operating in a foreign country, such entity 
     shall--
       ``(1) take reasonable steps to select and retain third 
     party service providers capable of maintaining appropriate 
     safeguards for the security, privacy, and integrity of 
     protected health information; and
       ``(2) require by contract that such service providers 
     implement and maintain appropriate measures designed to meet 
     the requirements of entities subject to this title.
       ``(b) Compliance Assistance.--The Secretary shall ensure 
     there is a capacity to assist covered entities to determine 
     the appropriate elements to be considered in arranging 
     contracts with service providers who are not subject to this 
     title.
       ``(c) Effective Date.--This section shall take effect on 
     the date that is 30 days after the date on which the 
     Secretary transmits to the Committee on Health, Education, 
     Labor, and Pension of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a statement that 
     the Secretary has complied with the requirements of 
     subsection (b).''.

                  Subtitle E--Miscellaneous Provisions

     SEC. 13501. GAO STUDY.

       Not later than 18 months after the date of enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate, the Committee on the Judiciary of the 
     Senate, the Committee on the Judiciary of the House of 
     Representatives, and the Committee on Energy and Commerce of 
     the House of Representatives, a report on the overall 
     effectiveness and compliance of the efforts of the Secretary 
     of Health and Human Services to implement health privacy 
     safeguards provided for in this title, and any 
     recommendations on how to improve effectiveness and 
     compliance, if any.

     SEC. 13502. HEALTH INFORMATION TECHNOLOGY RESOURCE CENTER.

       Section 914 of the Public Health Service Act (42 U.S.C. 
     299b-3) is amended by adding at the end the following:
       ``(d) Health Information Technology Resource Center.--
       ``(1) In general.--The Secretary, acting through the 
     Director, shall develop a Health Information Technology 
     Resource Center (referred to in this subsection as the 
     `Center') to provide technical assistance and develop best 
     practices to support and accelerate efforts to adopt, 
     implement, and effectively use interoperable health 
     information technology in compliance with sections 3003 and 
     3010.
       ``(2) Purposes.--The purposes of the Center are to--
       ``(A) provide a forum for the exchange of knowledge and 
     experience;
       ``(B) accelerate the transfer of lessons learned from 
     existing public and private sector initiatives, including 
     those currently receiving Federal financial support;
       ``(C) assemble, analyze, and widely disseminate evidence 
     and experience related to the adoption, implementation, and 
     effective use of interoperable health information technology;
       ``(D) provide for the establishment of regional and local 
     health information networks to facilitate the development of 
     interoperability across health care settings and improve the 
     quality of health care;
       ``(E) provide for the development of solutions to barriers 
     to the exchange of electronic health information; and
       ``(F) conduct other activities identified by the States, 
     local, or regional health information networks, or health 
     care stakeholders as a focus for developing and sharing best 
     practices.
       ``(3) Support for activities.--To provide support for the 
     activities of the Center, the Director shall modify the 
     requirements, if necessary, that apply to the National 
     Resource Center for Health Information Technology to provide 
     the necessary infrastructure to support the duties and 
     activities of the Center and facilitate information exchange 
     across the public and private sectors.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to require the duplication of Federal 
     efforts with respect to the establishment of the Center, 
     regardless of whether such efforts were carried out prior to 
     or after the enactment of this subsection.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated, such sums as may be necessary for each of 
     fiscal years 2009 and 2010 to carry out this section.''.

     SEC. 13503. FACILITATING THE PROVISION OF TELEHEALTH SERVICES 
                   ACROSS STATE LINES.

       Section 330L of the Public Health Service Act (42 U.S.C. 
     254c-18) is amended to read as follows:

     ``SEC. 330L. TELEMEDICINE; INCENTIVE GRANTS REGARDING 
                   COORDINATION AMONG STATES.

       ``(a) Facilitating the Provision of Telehealth Services 
     Across State Lines.--The Secretary may make grants to States 
     that have adopted regional State reciprocity agreements for 
     practitioner licensure, in order to expedite the provision of 
     telehealth services across State lines.
       ``(b) Authorization of Appropriations.--For the purpose of 
     carrying out subsection (a), there are authorized to be 
     appropriated such sums as may be necessary for each of the 
     fiscal years 2009 and 2010.''.
       Beginning on page 648, strike line 1 and all that follows 
     through line 9 on page 713.
                                 ______
                                 
  SA 255. Mr. ENZI 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) Exemption for certain employers.--
       (i) In general.--The provisions of this subsection shall 
     not apply with respect to an otherwise assistance eligible 
     individual if the employer that involuntarily terminated the 
     individual (as described in paragraph (3)(C)) is an employer 
     described in clause (ii).
       (ii) Employer described.--An employer is described in this 
     clause if--

       (I) the employer's liability for payroll taxes (as defined 
     in section 6432(b) of the Internal Revenue Code of 1986) for 
     any quarter does not exceed the amount of the credit that the 
     employer would be entitled to receive under section 6432 of 
     such Code to compensate the employer for the costs of 
     providing the subsidy under this subsection for such quarter; 
     or
       (II) the cost of the employer's group health insurance 
     premiums would increase by more than 5 percent (as certified 
     under clause (iii)) as a result of the receipt by the 
     unemployed employees of the employer of the subsidy under 
     this subsection.

       (iii) Certification.--To qualify for the exemption 
     described in clause (ii)(II), an employer shall obtain a 
     certification from an independent actuary that, based on the 
     employer's historical group health insurance enrollment 
     patterns and actuarial assumptions about the likely 
     characteristics of new assistance eligible individuals, the 
     average annual premium for all employees of the employer 
     would increase by more than 5 percent above the growth rate 
     in premiums that would occur except for the application of 
     this subparagraph.
       (iv) Criteria.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall publish 
     appropriate criteria for the application of this 
     subparagraph, including the appropriate standards for the 
     conduct of the actuarial analyses described in clause (iii).
                                 ______
                                 
  SA 256. Mr. ENZI 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. 160_. NONAPPLICABILITY OF CERTAIN LABOR REQUIREMENTS TO 
                   SMALL BUSINESS GRANTS AND CONTRACTS.

       (a) Role of Agency Issuing Grant or Contract.--
     Notwithstanding any other provision of law, the head of any 
     entity that awards a grant or contract described in 
     subsection (c) shall ensure that the entity, and any 
     construction manager acting on behalf of the entity with 
     respect to such grant or contract, does not--
       (1) require a bidder, offeror, recipient, contractor, or 
     subcontractor for a grant or contract described in subsection 
     (c) that is for less than $1,000,000 to comply with the 
     provisions of subchapter IV of chapter 31 of title 40, United 
     States Code (commonly referred to as the Davis-Bacon Act) or 
     other Federal

[[Page S1575]]

     or State law that similarly requires the payment of a 
     prevailing wage to various classes of employees with respect 
     to such grant or contract or other related construction 
     project (not including any minimum wage requirements under 
     applicable Federal or State law); or
       (2) require such bidder, offeror, recipient, contractor, or 
     subcontractor to enter into, or adhere to, any agreement with 
     1 or more labor organizations, with respect to such grant or 
     contract or another related construction project.
       (b) Nonapplicability of Labor Requirements.--
     Notwithstanding any other provision of law, a recipient of a 
     grant or contract described in subsection (c) that is for 
     less than $1,000,000 shall not be subject to--
       (1) the provisions of subchapter IV of chapter 31 of title 
     40, United States Code (commonly referred to as the Davis-
     Bacon Act), or any other Federal or State law that similarly 
     requires the payment of a prevailing wage to various classes 
     of employees (not including any minimum wage requirements 
     under applicable Federal or State law) with respect to such 
     grant or contract or other related construction project; and
       (2) any requirement under Federal or State law that the 
     recipient enter into or adhere to any agreement with 1 or 
     more labor organizations with respect to such grant or 
     contract or other related construction project.
       (c) Applicable Grant or Contract.--A grant or contract 
     described in this subsection is a grant, subgrant, contract, 
     or subcontract that is funded from amounts appropriated under 
     this Act, or is for a project financed with the proceeds of a 
     bond described in section 1901.
                                 ______
                                 
  SA 257. Mr. ENZI 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--HOME OWNERSHIP PRESERVATION

     SEC. 6001. DEFINITIONS.

       As used in this title--
       (1) the term ``Secretary'' means the Secretary of the 
     Treasury;
       (2) the term ``qualifying homeowner'' means any homeowner 
     with an existing mortgage on their principal residence;
       (3) the term ``Office'' means the Office of Home Ownership 
     Preservation and Foreclosure Prevention established under 
     this title; and
       (4) the term ``Program'' means the Home Ownership 
     Preservation and Foreclosure Prevention Program established 
     under this title.

     SEC. 6002. ESTABLISHMENT OF OFFICE.

       There is established in the Department of the Treasury the 
     Office of Home Ownership Preservation and Foreclosure 
     Prevention.

     SEC. 6003. FUNCTIONS.

       (a) In General.--The Office shall be responsible for 
     operating and supervising the Home Ownership Preservation and 
     Foreclosure Prevention Program for the purpose of making 
     loans, subject to sections 6004 and 6005, with respect to any 
     qualifying homeowner.
       (b) Funding.--The Secretary may issue $100,000,000,000 in 
     public debt for the purposes of funding the Program, 
     including administrative costs associated with the Program.
       (c) Loan Terms.--With respect to loans made under the 
     Program--
       (1) the interest rate applicable to such loans shall be 
     fixed to the interest rate of the debt issued by the 
     Secretary to finance the Program; and
       (2) the duration of such loans shall be subject to a 30-
     year amortization schedule.

     SEC. 6004. LIMITATIONS.

       (a) In General.--Loans originated under the Program--
       (1) may not be extended to homeowners who would have a 
     monthly debt-to-income ratio of greater than 35 percent for 
     all mortgage-related after such loan is made;
       (2) shall be applied to the primary residence of the 
     borrower only;
       (3) may not exceed the lesser of 20 percent of the 
     principal amount of the mortgage or $80,000;
       (4) may only be applied to mortgages below the conforming 
     loan limit used by the Federal Housing Administration; and
       (5) may be used only for loans originated between January 
     1, 2003 and January 1, 2008.
       (b) No Prepayment Penalties.--There shall be no prepayment 
     penalty for the early payment of a loan originated under this 
     title.

     SEC. 6005. PROTECTIONS AGAINST TAXPAYER LIABILITY.

       (a) Full Recourse.--All loans made under the Program shall 
     provide full recourse against the borrower for repayment on 
     behalf of the Department of the Treasury and the taxpayer.
       (b) Priority of Obligation.--The Department of the Treasury 
     shall have priority repayment over all liens or interests in 
     the assets of the borrower during any bankruptcy or 
     foreclosure proceeding.
       (c) No Ongoing Liability.--The United States shall have no 
     additional obligations to the borrower or mortgage investor 
     after a loan under the Program has been repaid.
                                 ______
                                 
  SA 258. Mr. GRASSLEY 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 723, between lines 7 and 8, insert the following:
       (3) Quarterly certification of no state tuition 
     increases.--For each fiscal year quarter during the recession 
     adjustment period, a State eligible for an increased FMAP 
     under this section shall certify to the Secretary, as a 
     condition of receiving the additional Federal funds resulting 
     from the application of this section to the State for the 
     quarter, that the State will not take any action to increase 
     tuition at State two and four-year colleges and universities 
     during the quarter. Any State that fails to make such a 
     certification shall not be eligible for such additional 
     Federal funds and any State that makes such a certification 
     and is determined by the Secretary to have taken an action 
     that results in an increase in tuition at State two and four-
     year colleges and universities during the quarter shall pay 
     the Secretary an amount equal to the additional Federal funds 
     paid to the State under this section during the period of 
     noncompliance and shall cease to be eligible for an increased 
     FMAP under this section for the remainder of the recession 
     adjustment period.
                                 ______
                                 
  SA 259. Mr. GRASSLEY 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 723, between lines 7 and 8, insert the following:
       (3) Quarterly certification of timely payments to certain 
     nonprofit organizations.--For each fiscal year quarter during 
     the recession adjustment period, a State eligible for an 
     increased FMAP under this section shall certify to the 
     Secretary, as a condition of receiving the additional Federal 
     funds resulting from the application of this section to the 
     State for the quarter, that the State is current on its 
     contractual obligations with nonprofit organizations that 
     deliver human services on behalf of the State. Any State that 
     fails to make such a certification shall not be eligible for 
     such additional Federal funds and any State that makes such a 
     certification and is determined by the Secretary to not be in 
     compliance with the certification shall pay the Secretary an 
     amount equal to the additional Federal funds paid to the 
     State under this section during the period of noncompliance 
     and shall cease to be eligible for an increased FMAP under 
     this section for the remainder of the recession adjustment 
     period.
                                 ______
                                 
  SA 260. Mr. GRASSLEY 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:

       Beginning on page 732, strike line 15 and all that follows 
     through page 733, line 4, and insert the following:

     SEC. 5004. INCREASED RESOURCES TO COMBAT MEDICAID FRAUD.

       (a) Funding for the HHS Inspector General.--For purposes of 
     ensuring the proper expenditure of Federal funds under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
     there is appropriated to the Office of the Inspector General 
     of the Department of Health and Human Services, out of any 
     money in the Treasury not otherwise appropriated and without 
     further appropriation, $100,000,000 for each of fiscal years 
     2009 through 2013. Amounts appropriated under this section 
     shall remain available for expenditure until expended and 
     shall be in addition to any other amounts appropriated or 
     made available to such Office for such purposes.
       (b) State Medicaid Fraud Control Units.--
       (1) In general.--No State may elect to provide medical 
     assistance under the State plan under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) (or under any waiver of 
     such plan) to individuals described

[[Page S1576]]

     in paragraph (2) unless the Secretary determines that the 
     State has increased the amount of State expenditures 
     attributable to the operation of the State medicaid fraud 
     control unit described in section 1903(q) of the such Act (42 
     U.S.C. 1396b(q)) by at least 50 percent more than the amount 
     of such expenditures for the most recent fiscal year.
       (2) Individuals described.--
       (A) In general.--The individuals described in this 
     paragraph are--
       (i) individuals who--

       (I) are within one or more of the categories described in 
     subparagraph (B); and
       (II) meet the applicable requirements of subparagraph (C); 
     and

       (ii) individuals who--

       (I) are the spouse, or dependent child under 19 years of 
     age, of an individual described in clause (i); and
       (II) meet the requirement of subparagraph (C)(ii).

       (B) Categories described.--The categories of individuals 
     described in this paragraph are each of the following:
       (i)(I) Individuals who are receiving unemployment 
     compensation benefits; and
       (II) individuals who were receiving, but have exhausted, 
     unemployment compensation benefits on or after July 1, 2008.
       (ii) Individuals who are involuntarily unemployed and were 
     involuntarily separated from employment on or after September 
     1, 2008, and before January 1, 2011, whose family gross 
     income does not exceed a percentage specified by the State 
     (not to exceed 200 percent) of the income official poverty 
     line (as defined by the Office of Management and Budget, and 
     revised annually in accordance with section 673(2) of the 
     Omnibus Budget Reconciliation Act of 1981) applicable to a 
     family of the size involved, and who, but for such an 
     election by the State, are not eligible for medical 
     assistance under the State plan under title XIX of the Social 
     Security Act or health assistance under a State plan under 
     title XXI of such Act.
       (iii) Such categories of individuals do not include 
     individuals who are involuntarily unemployed and were 
     involuntarily separated from employment on or after September 
     1, 2008, and before January 1, 2011, who are members of 
     households participating in the supplemental nutrition 
     assistance program established under the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.), and who, but for 
     subsection (a)(10)(A)(ii)(XX), are not eligible for medical 
     assistance under this title or health assistance under title 
     XXI.
       (C) Requirements.--The requirements of this subparagraph 
     with respect to an individual are the following:
       (i) In the case of individuals within a category described 
     in clause (i)(I) of subparagraph (B), the individual was 
     involuntarily separated from employment on or after September 
     1, 2008, and before January 1, 2011, or meets such comparable 
     requirement as the Secretary specifies through rule, 
     guidance, or otherwise in the case of an individual who was 
     an independent contractor.
       (ii) The individual is not otherwise covered under 
     creditable coverage, as defined in section 2701(c) of the 
     Public Health Service Act (42 U.S.C. 300gg(c)), but applied 
     without regard to paragraph (1)(F) of such section and 
     without regard to coverage provided by reason of such an 
     election by the State.
                                 ______
                                 
  SA 261. Mr. GRASSLEY 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 723, between lines 7 and 8, insert the following:
       (3) Dedication of enhanced funds for coverage of low-income 
     americans.--The increases in the FMAP for a State under this 
     section shall not apply with respect to any expenditures for 
     a fiscal year quarter occurring during the recession 
     adjustment period for medical assistance provided to 
     individuals under a State plan under title XIX of the Social 
     Security Act (including under any waiver under such title or 
     under section 1115 of such Act (42 U.S.C. 1315) and including 
     such expenditures that would be paid from a State allotment 
     under title XXI of such Act) whose family income exceeds the 
     State median income, as determined by the American Community 
     Survey and as updated as necessary by the Secretary for the 
     fiscal year. The limitation under the preceding sentence 
     shall not apply with respect to any expenditures for such a 
     fiscal year quarter for providing medical assistance under 
     such a State plan for individuals described in section 
     1937(a)(2)(B) of such Act (42 U.S.C. 1396u-7(a)(2)(B)).
                                 ______
                                 
  SA 262. 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; as follows:

       On page 60, between lines 4 and 5, insert the following:

                     GENERAL PROVISIONS--THIS TITLE


additional amounts for procurement for reconstitution of military units 
    and restocking of prepositioned assets and war reserve material

       Sec. 301.  (a) Additional Amount for Procurement.--
       (1) In general.--For an additional amount for 
     ``Procurement'' for the Department of Defense, 
     $5,232,000,000, to remain available until expended, to 
     manufacture or acquire vehicles, equipment, ammunition, and 
     materials required to reconstitute military units to an 
     acceptable readiness rating and to restock prepositioned 
     assets and war reserve material.
       (2) Availability.--The items for which the amount available 
     under paragraph (1) shall be available shall include fixed 
     and rotary wing aircraft, tracked and non-tracked combat 
     vehicles, missiles, weapons, ammunition, communications 
     equipment, maintenance equipment, naval coastal warfare 
     boats, salvage equipment, riverine equipment, expeditionary 
     material handling equipment, and other expeditionary items.
       (3) Allocation among procurement accounts.--The amount 
     available under paragraph (1) shall be allocated among the 
     accounts of the Department of Defense for procurement in such 
     manner as the President considers appropriate. The President 
     shall submit to the congressional defense committees a report 
     setting for the manner of the allocation of such amount among 
     such accounts and a description of the items procured 
     utilizing such amount.
       (4) Congressional defense committees defined.--In this 
     subsection, the term ``congressional defense committees'' has 
     the meaning given that term in section 101(a)(16) of title 
     10, United States Code.
       (b) Offset.--
       (1) Periodic censuses and programs.--The amount 
     appropriated by title II under the heading ``Bureau of the 
     Census'' under the heading ``periodic censuses and programs'' 
     is hereby reduced by $1,000,000,000.
       (2) Digital-to-analog computer box program.--The amount 
     appropriated by title II under the heading ``National 
     Telecommunications and Information Administration'' under the 
     heading ``digital-to-analog converter box program'' is hereby 
     reduced by $650,000,000.
       (3) Procurement, acquisition, and construction for noaa.--
     The amount appropriated by title II under the heading 
     ``National Oceanic and Atmospheric Administration'' under the 
     heading ``procurement, acquisition, and construction'' is 
     hereby reduced by $70,000,000, with the amount of the 
     reduction allocated to amounts available for supercomputing 
     activities relating to climate change research.
       (4) Departmental management for department of commerce.--
     The amount appropriated by title II under the heading 
     ``DEPARTMENT OF COMMERCE'' under the heading ``Departmental 
     Management'' is hereby reduced by $34,000,000.
       (5) Federal buildings fund for gsa.--The amount 
     appropriated by title V under the heading ``GENERAL SERVICES 
     ADMINISTRATION'' under the heading ``Real Property 
     Activities'' under the heading ``federal buildings fund'' is 
     hereby reduced by $2,000,000,000, with the amount of the 
     reduction allocated to amounts available for measures 
     necessary to convert GSA facilities to High-Performance Green 
     Buildings.
       (6) Energy-efficient federal motor vehicle fleet 
     procurement for gsa.--The amount appropriated by title V 
     under the heading ``GENERAL SERVICES ADMINISTRATION'' under 
     the heading ``Energy-Efficient Federal Motor Vehicle Fleet 
     Procurement'' is hereby reduced by $600,000,000.
       (7) Resource management for us fish and wildlife service.--
     The amount appropriated by title VII under the heading 
     ``United States Fish and Wildlife Service'' under the heading 
     ``Resource Management'' is hereby reduced by $65,000,000, 
     with the amount of the reduction allocated as follows:
       (A) $20,000,000 for trail improvements.
       (B) $25,000,000 for habitat restoration.
       (C) $20,000,000 for fish passage barrier removal.
       (8) Operating expenses for corporation for national and 
     community service.--The amount appropriated by title VIII 
     under the heading ``CORPORATION FOR NATIONAL AND COMMUNITY 
     SERVICE'' under the heading ``Operating Expenses'' is hereby 
     reduced by $13,000,000, with the amount of reduction 
     allocated to amounts available for research activities 
     authorized under subtitle H of title I of the 1990 Act.
       (9) Supplemental capital grants to the national railroad 
     passenger corporation.--The amount appropriated by title XII 
     under the heading ``Federal Railroad Administration'' under 
     the heading ``supplemental capital grants to the national 
     railroad passenger corporation'' is hereby reduced by 
     $850,000,000.
                                 ______
                                 
  SA 263. Ms. STABENOW (for herself, Ms. Cantwell, and 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

[[Page S1577]]

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. --. FORMERLY HOMELESS YOUTH WHO ARE STUDENTS QUALIFIED 
                   FOR PURPOSES OF LOW INCOME HOUSING TAX CREDIT.

       (a) In General.--Clause (i) of section 42(i)(3)(D) is 
     amended by redesignating subclauses (II) and (III) as 
     subclauses (III) and (IV), respectively, and by inserting 
     after subclause (I) the following new subclause:

       ``(II) a student who previously was a homeless child or 
     youth (as defined by section 725 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11434a)),''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to determinations made before, on, or after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 264. Ms. STABENOW (for herself, Mr. Rockefeller, Mr. Begich, Mr. 
Levin, Mr. Brown, and 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 90, between lines 14 and 15, insert the following:
       Sec. 4__. Advanced Technology Vehicles Manufacturing 
     Incentive Program.-- 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 265. 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 422, between lines 4 and 5, insert the following:
       (4) The website shall provide--
       (A) information, organized by the location of the job 
     opportunities involved, consisting of links to and 
     information on how to access descriptions of and related 
     information for job opportunities created by or with entities 
     receiving funding under this Act;
       (B) Internet links to the job banks operated by State 
     workforce agencies and to the Department of Labor's 
     CareerOneStop website that connects jobseekers to the one-
     stop career centers established under section 134(c) of the 
     Workforce Investment Act of 1998; and
       (C) to the extent practicable, links to other information 
     about--
       (i) other State, local, and public agencies receiving 
     funding under this Act; and
       (ii) nonprofit and other private organizations that enter 
     into contracts to perform work funded by this Act for the 
     purpose of increasing employment opportunities under this Act 
     for individuals in the United States.
       On page 422, line 5, strike ``(4)'' and insert ``(5)''.
       On page 422, line 12, strike ``(5)'' and insert ``(6)''.
       On page 422, line 15, strike ``(6)'' and insert ``(7)''.
       On page 422, line 18, strike ``(7)'' and insert ``(8)''.
                                 ______
                                 
  SA 266. 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 48, strike line 21 and all that follows through 
     page 56, line 23, and insert the following:
       (C) provide wireless voice service to unserved or 
     underserved areas;
       (D) provide broadband education, awareness, training, 
     access, equipment, and support to--
       (i) schools, libraries, medical and healthcare providers, 
     community colleges and other institutions of higher 
     education, and other community support organizations and 
     entities to facilitate greater use of broadband service by or 
     through these organizations;
       (ii) organizations and agencies that provide outreach, 
     access, equipment, and support services to facilitate greater 
     use of broadband service by low-income, unemployed, aged, and 
     otherwise vulnerable populations; and
       (iii) job-creating strategic facilities located within a 
     State-designated economic zone, Economic Development District 
     designated by the Department of Commerce, Renewal Community 
     or Empowerment Zone designated by the Department of Housing 
     and Urban Development, or Enterprise Community designated by 
     the Department of Agriculture.
       (E) improve access to, and use of, broadband service by 
     public safety agencies; and
       (F) stimulate the demand for broadband, economic growth, 
     and job creation.
       (2) The Assistant Secretary may consult with the chief 
     executive officer of any State with respect to--
       (A) the identification of areas described in subsection 
     (1)(A) or (B) located in that State; and
       (B) the allocation of grant funds within that State for 
     projects in or affecting the State.
       (3) The Assistant Secretary shall--
       (A) establish and implement the grant program as 
     expeditiously as practicable;
       (B) ensure that all awards are made before the end of 
     fiscal year 2010;
       (C) seek such assurances as may be necessary or appropriate 
     from grantees under the program that they will substantially 
     complete projects supported by the program in accordance with 
     project timelines, not to exceed 2 years following an award; 
     and
       (D) report on the status of the program to the Committees 
     on Appropriations of the House and the Senate, the Committee 
     on Energy and Commerce of the House, and the Committee on 
     Commerce, Science, and Transportation of the Senate, every 90 
     days.
       (4) To be eligible for a grant under the program an 
     applicant shall--
       (A) be a State or political subdivision thereof, a 
     nonprofit foundation, corporation, institution or 
     association, Indian tribe, Native Hawaiian organization, or 
     other non-governmental entity in partnership with a State or 
     political subdivision thereof, Indian tribe, or Native 
     Hawaiian organization if the Assistant Secretary determines 
     the partnership consistent with the purposes this section;
       (B) submit an application, at such time, in such form, and 
     containing such information as the Assistant Secretary may 
     require;
       (C) provide a detailed explanation of how any amount 
     received under the program will be used to carry out the 
     purposes of this section in an efficient and expeditious 
     manner, including a demonstration that the project would not 
     have been implemented during the grant period without Federal 
     grant assistance;
       (D) demonstrate, to the satisfaction of the Assistant 
     Secretary, that it is capable of carrying out the project or 
     function to which the application relates in a competent 
     manner in compliance with all applicable Federal, State, and 
     local laws;
       (E) demonstrate, to the satisfaction of the Assistant 
     Secretary, that it will appropriate (if the applicant is a 
     State or local government agency) or otherwise 
     unconditionally obligate, from non-Federal sources, funds 
     required to meet the requirements of paragraph (5);
       (F) disclose to the Assistant Secretary the source and 
     amount of other Federal or State funding sources from which 
     the applicant receives, or has applied for, funding for 
     activities or projects to which the application relates; and
       (G) provide such assurances and procedures as the Assistant 
     Secretary may require to ensure that grant funds are used and 
     accounted for in an appropriate manner.
       (5) The Federal share of any project may not exceed 80 
     percent, except that the Assistant Secretary may increase the 
     Federal share of a project above 80 percent if--
       (A) the applicant petitions the Assistant Secretary for a 
     waiver; and
       (B) the Assistant Secretary determines that the petition 
     demonstrates financial need.
       (6) The Assistant Secretary may make competitive grants 
     under the program to--
       (A) acquire equipment, instrumentation, networking 
     capability, hardware and software, digital network 
     technology, and infrastructure for broadband services;
       (B) construct and deploy broadband service related 
     infrastructure;
       (C) deploy necessary infrastructure for the provision of 
     wireless voice service;
       (D) ensure access to broadband service by community anchor 
     institutions;
       (E) facilitate access to broadband service by low-income, 
     unemployed, aged, and otherwise vulnerable populations in 
     order to provide educational and employment opportunities to 
     members of such populations;
       (F) construct and deploy broadband facilities that improve 
     public safety broadband communications services; and
       (G) undertake such other projects and activities as the 
     Assistant Secretary finds to be consistent with the purposes 
     for which the program is established.
       (7) The Assistant Secretary--
       (A) shall require any entity receiving a grant pursuant to 
     this section to report quarterly, in a format specified by 
     the Assistant Secretary, on such entity's use of the 
     assistance and progress fulfilling the objectives for which 
     such funds were granted, and

[[Page S1578]]

     the Assistant Secretary shall make these reports available to 
     the public;
       (B) may establish additional reporting and information 
     requirements for any recipient of any assistance made 
     available pursuant to this section;
       (C) shall establish appropriate mechanisms to ensure 
     appropriate use and compliance with all terms of any use of 
     funds made available pursuant to this section;
       (D) may, in addition to other authority under applicable 
     law, deobligate awards to grantees that demonstrate an 
     insufficient level of performance, or wasteful or fraudulent 
     spending, as defined in advance by the Assistant Secretary, 
     and award these funds competitively to new or existing 
     applicants consistent with this section; and
       (E) shall create and maintain a fully searchable database, 
     accessible on the Internet at no cost to the public, that 
     contains at least the name of each entity receiving funds 
     made available pursuant to this section, the purpose for 
     which such entity is receiving such funds, each quarterly 
     report submitted by the entity pursuant to this section, and 
     such other information sufficient to allow the public to 
     understand and monitor grants awarded under the program.
       (8) Concurrent with the issuance of the Request for 
     Proposal for grant applications pursuant to this section, the 
     Assistant Secretary shall, in coordination with the Federal 
     Communications Commission, publish the non-discrimination and 
     network interconnection obligations that shall be contractual 
     conditions of grants awarded under this section.
       (9) Within 1 year after the date of enactment of this Act, 
     the Commission shall complete a rulemaking to develop a 
     national broadband plan. In developing the plan, the 
     Commission shall--
       (A) consider the most effective and efficient national 
     strategy for ensuring that all Americans have access to, and 
     take advantage of, advanced broadband services;
       (B) have access to data provided to other Government 
     agencies under the Broadband Data Improvement Act (47 U.S.C. 
     1301 note);
       (C) evaluate the status of deployments of broadband 
     service, including the progress of projects supported by the 
     grants made pursuant to this section; and
       (D) develop recommendations for achieving the goal of 
     nationally available broadband service for the United States 
     and for promoting broadband adoption nationwide.
       (10) The Assistant Secretary shall develop and maintain a 
     comprehensive nationwide inventory map of existing broadband 
     service capability and availability in the United States that 
     entities and depicts the geographic extent to which broadband 
     service capability is deployed and available from a 
     commercial provider or public provider throughout each State: 
     Provided, That not later than 2 years after the date of the 
     enactment of the Act, the Assistant Secretary shall make the 
     broadband inventory map developed and maintained pursuant to 
     this section accessible to the public.
       (11) For purposes of this section, the term ``wireless 
     voice service'' means the provision of two-way, real-time, 
     voice communications using a mobile service.
                                 ______
                                 
  SA 267. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 98 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 60, between lines 4 and 5, insert the following:

                     GENERAL PROVISIONS--THIS TITLE


additional amounts for procurement for reconstitution of military units 
    and restocking of prepositioned assets and war reserve material

       Sec. 301.  (a) Additional Amount for Procurement.--
       (1) In general.--For an additional amount for 
     ``Procurement'' for the Department of Defense, 
     $5,232,000,000, to remain available until expended, to 
     manufacture or acquire vehicles, equipment, ammunition, and 
     materials required to reconstitute military units to an 
     acceptable readiness rating and to restock prepositioned 
     assets and war reserve material.
       (2) Availability.--The items for which the amount available 
     under paragraph (1) shall be available shall include fixed 
     and rotary wing aircraft, tracked and non-tracked combat 
     vehicles, missiles, weapons, ammunition, communications 
     equipment, maintenance equipment, naval coastal warfare 
     boats, salvage equipment, riverine equipment, expeditionary 
     material handling equipment, and other expeditionary items.
       (3) Allocation among procurement accounts.--The amount 
     available under paragraph (1) shall be allocated among the 
     accounts of the Department of Defense for procurement in such 
     manner as the President considers appropriate. The President 
     shall submit to the congressional defense committees a report 
     setting for the manner of the allocation of such amount among 
     such accounts and a description of the items procured 
     utilizing such amount.
       (4) Congressional defense committees defined.--In this 
     subsection, the term ``congressional defense committees'' has 
     the meaning given that term in section 101(a)(16) of title 
     10, United States Code.
       (b) Offset.--
       (1) Periodic censuses and programs.--The amount 
     appropriated by title II under the heading ``Bureau of the 
     Census'' under the heading ``periodic censuses and programs'' 
     is hereby reduced by $1,000,000,000.
       (2) Digital-to-analog computer box program.--The amount 
     appropriated by title II under the heading ``National 
     Telecommunications and Information Administration'' under the 
     heading ``digital-to-analog converter box program'' is hereby 
     reduced by $650,000,000.
       (3) Procurement, acquisition, and construction for noaa.--
     The amount appropriated by title II under the heading 
     ``National Oceanic and Atmospheric Administration'' under the 
     heading ``procurement, acquisition, and construction'' is 
     hereby reduced by $70,000,000, with the amount of the 
     reduction allocated to amounts available for supercomputing 
     activities relating to climate change research.
       (4) Departmental management for department of commerce.--
     The amount appropriated by title II under the heading 
     ``DEPARTMENT OF COMMERCE'' under the heading ``Departmental 
     Management'' is hereby reduced by $34,000,000.
       (5) Federal buildings fund for gsa.--The amount 
     appropriated by title V under the heading ``GENERAL SERVICES 
     ADMINISTRATION'' under the heading ``Real Property 
     Activities'' under the heading ``federal buildings fund'' is 
     hereby reduced by $2,000,000,000, with the amount of the 
     reduction allocated to amounts available for measures 
     necessary to convert GSA facilities to High-Performance Green 
     Buildings.
       (6) Energy-efficient federal motor vehicle fleet 
     procurement for gsa.--The amount appropriated by title V 
     under the heading ``GENERAL SERVICES ADMINISTRATION'' under 
     the heading ``Energy-Efficient Federal Motor Vehicle Fleet 
     Procurement'' is hereby reduced by $600,000,000.
       (7) Resource management for us fish and wildlife service.--
     The amount appropriated by title VII under the heading 
     ``United States Fish and Wildlife Service'' under the heading 
     ``Resource Management'' is hereby reduced by $65,000,000, 
     with the amount of the reduction allocated as follows:
       (A) $20,000,000 for trail improvements.
       (B) $25,000,000 for habitat restoration.
       (C) $20,000,000 for fish passage barrier removal.
       (8) Operating expenses for corporation for national and 
     community service.--The amount appropriated by title VIII 
     under the heading ``CORPORATION FOR NATIONAL AND COMMUNITY 
     SERVICE'' under the heading ``Operating Expenses'' is hereby 
     reduced by $13,000,000, with the amount of reduction 
     allocated to amounts available for research activities 
     authorized under subtitle H of title I of the 1990 Act.
       (9) Supplemental capital grants to the national railroad 
     passenger corporation.--The amount appropriated by title XII 
     under the heading ``Federal Railroad Administration'' under 
     the heading ``supplemental capital grants to the national 
     railroad passenger corporation'' is hereby reduced by 
     $850,000,000.
                                 ______
                                 
  SA 268. 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:

       On page 37, strike lines 1 through 5.
       On page 59, between lines 9 and 10, insert the following:

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, 
     $2,000,000,000, to remain available for obligation until 
     September 30, 2010: Provided, That the Chiefs of the Reserve 
     and National Guard components shall, not later than 30 days 
     after the date of the enactment of this Act, individually 
     submit to the Committee on Armed Services and the Committee 
     on Appropriations of the Senate and the Committee on Armed 
     Services and the Committee on Appropriations of the House of 
     Representatives the modernization priority assessment for 
     their respective Reserve and National Guard components.
       On page 95, strike lines 1 through 8.
       On page 137, line 17, strike ``$5,800,000,000'' and insert 
     ``$5,400,000,000''.
                                 ______
                                 
  SA 269. Mrs. HUTCHISON (for herself and 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

[[Page S1579]]

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: Provided 
     further, That, with respect to any incentives for equipage, 
     the Federal share of the costs shall be no more than 50 
     percent: and Provided further, That each amount otherwise 
     appropriated by this division for administrative costs or 
     programmatic overhead shall be reduced by a percentage that 
     will reduce the aggregate amount otherwise appropriated for 
     such purposes by $550,000,000.
                                 ______
                                 
  SA 270. Mr. DeMINT (for himself, Mr. Vitter, Mr. Wicker, and Mr. 
Chambliss) 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:

  TITLE     --REGULATORY RELIEF FOR SMALL AND FAMILY-OWNED BUSINESSES 
         UNDER CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008.

     SEC. --001. CERTAIN REQUIREMENTS INAPPLICABLE TO SECOND-HAND 
                   SELLERS.

       Section 19 of the Consumer Product Safety Act (15 U.S.C. 
     2068) is amended by adding at the end thereof the following:
       ``(c) Exceptions for Second-hand Sellers.--
       ``(1) In general.--It is not a violation of subsection 
     (a)(1) or (a)(2) of this section for a second-hand seller to 
     sell, offer for sale, or distribute in commerce--
       ``(A) a consumer product for resale that is treated as a 
     banned hazardous substance under the Federal Hazardous 
     Substances Act (15 U.S.C. 1261 et seq.) because of the 
     application of section 101(a) of the Consumer Product Safety 
     Improvement Act of 2008 (15 U.S.C. 1278a); or
       ``(B) a children's product without the label required by 
     section 14(c) of this Act.
       ``(2) Second-hand seller defined.--In this subsection, the 
     term `second-hand seller' means--
       ``(A) a consignment shop, thrift shop, or similar 
     enterprise that sells, offers for sale, or distributes in 
     commerce a product after the first retail sale of that 
     product;
       ``(B) an individual who utilizes the Internet, a yard sale, 
     or other casual means of selling, or offering for sale, such 
     a product; or
       ``(C) a person who sells, or offers for sale, such a 
     product at an auction for the benefit of a nonprofit 
     organization.''.

     SEC. --002. PROSPECTIVE APPLICATION OF LEAD CONTENT AND THIRD 
                   PARTY TESTING RULES.

       (a) Lead Content.--Section 101(a) of the Consumer Product 
     Safety Improvement Act of 2008 (15 U.S.C. 1278a(a)) is 
     amended--
       (1) by striking ``(b) beginning on the dates provided in 
     paragraph (2),'' in paragraph (1) and inserting ``(b),'';
       (2) by striking ``(15 U.S.C. 1261 et seq.).'' in paragraph 
     (1) and inserting ``(15 U.S.C. 1261 et seq.) if it is 
     manufactured after the date on which such limit takes 
     effect.'';
       (3) by striking ``180 days'' in paragraph (2)(A) and 
     inserting ``360 days'';
       (4) by striking ``1 year'' in paragraph (2)(B) and 
     inserting ``18 months'';
       (5) by striking ``3 years'' in paragraph (2)(C) and 
     inserting ``3\1/2\ years''; and
       (6) by striking ``3 years'' in paragraph (2)(D) and 
     inserting ``3\1/2\ years''.
       (b) Third Party Testing.--Section 14(a)(3)(A) of the 
     Consumer Product Safety Act (15 U.S.C. 2063(a)(3)(A)) is 
     amended by inserting ``after August 9, 2009, and'' after 
     ``manufactured''.
       (c) Application.--The amendments made by subsections (a) 
     and (b) shall be treated as having taken effect on August 15, 
     2008.

     SEC. --003. LEAD CONTENT CERTIFICATION; WAIVER OF THIRD PARTY 
                   TESTING REQUIREMENT.

       Section 14(g) of the Consumer Product Safety Act (15 U.S.C. 
     2063(g)) is amended by adding at the end thereof the 
     following:
       ``(5) Special rule for lead content testing and 
     certification.--Subsection (a) shall not require the 
     manufacturer or private labeler of a product to test a 
     product for, or certify it with respect to, lead content if--
       ``(A) each component of the product has been tested for 
     lead content by the manufacturer or private labeler of the 
     component; and
       ``(B) the manufacturer or private labeler of each such 
     component certifies that the component (including paint, 
     electroplating, and other coatings) does not contain more 
     lead than the limit established by section 101(a)(2) of the 
     Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 
     1278a(a)(2)).''.

     SEC. --004. SUSPENSION OF ENFORCEMENT PENDING FINAL 
                   REGULATIONS.

       Notwithstanding any provision of law to the contrary, 
     neither the Consumer Product Safety Commission nor the 
     Attorney General of any State may initiate an enforcement 
     proceeding under the Consumer Product Safety Act or the 
     Federal Hazardous Substances Act for failure to comply with 
     the requirements of, or for violation of, the following 
     provisions of law until 30 days after the date on which the 
     Commission issues the referenced rule, regulation, or 
     guidance:
       (1) Section 101(a) of the Consumer Product Safety 
     Improvement Act of 2008 (15 U.S.C. 1278a) with respect to 
     materials, products, or parts described in subsection (b)(1), 
     until the date on which the Commission promulgates a final 
     rule providing the guidance required by section 101(b)(2)(B) 
     of that Act.
       (2) Section 101(a) of that Act with respect to certain 
     electronic devices described in section 101(b)(4) of that 
     Act, until the date on which the Commission, by final 
     regulation, issues the requirements described in subparagraph 
     (A) of section 101(b)(4) and establishes the schedule 
     described in subparagraph (A) of section 101(b)(4).
       (3) Section 14(a)(1) or (2) of the Consumer Product Safety 
     Act (15 U.S.C. 2063(a)(1) or (2)), until the date on which--
       (A) the Commission has established and published final 
     notice of the requirements for accreditation of third party 
     conformity assessment bodies under section 14(a)(3)(B)(vi) of 
     that Act for products to which children's product safety 
     rules established or revised before August 14, 2008, apply,
       (B) the Commission has established by final regulation 
     requirements for the periodic audit of third party conformity 
     assessment bodies under section 14(d)(1) of that Act (15 
     U.S.C. 2063(d)(1)), or
       (C) the Commission has by final regulation initiated the 
     program required by section 14(d)(2)(A) of that Act (15 
     U.S.C. 2063(d)(2)(A)) and established protocols and standards 
     under section 14(d)(2)(B) of that Act (15 U.S.C. 
     2063(d)(2)(B)),
     whichever is last.

     SEC. --005. WAIVER OF CIVIL PENALTY FOR INITIAL GOOD FAITH 
                   VIOLATION.

       Section 20(c) of the Consumer Product Safety Act (15 U.S.C. 
     2069(c)) is amended by adding at the end thereof the 
     following: ``The Commission shall waive any civil penalty 
     under this section if the Commission determines that--
       ``(1) the violation is the first violation of section 19(a) 
     by that person; and
       ``(2) the person was acting in good faith with respect to 
     the act or omission that constitutes the violation.''.

     SEC. --006. SMALL ENTERPRISE COMPLIANCE ASSISTANCE.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, or as soon thereafter as is 
     practicable, the Consumer Product Safety Commission, in 
     consultation with the Small Business Administration and State 
     small business agencies, shall develop a compliance guide for 
     small enterprises to assist them in complying with the 
     requirements of the Consumer Product Safety Act (15 U.S.C. 
     2051 et seq.) and other Acts enforced by the Commission.
       (b) Contents.--The guide--
       (1) shall be designed to assist small enterprises to 
     determine--
       (A) whether the Consumer Product Safety Act (or any other 
     Act enforced by the Commission) applies to their business 
     activities;
       (B) whether they are considered distributors, 
     manufacturers, private labelers, or retailers under the Act; 
     and
       (C) which rules, standards, regulations, or statutory 
     requirements apply to their business activities;
       (2) shall provide guidance on how to comply with any such 
     applicable rule, standard, regulation, or requirement, 
     including--
       (A) what actions they should take to ensure that they meet 
     the requirements; and
       (B) how to determine whether they have met the 
     requirements; and
       (3) may contain such additional information as the 
     Commission deems appropriate, including telephone, e-mail, 
     and Internet contacts for compliance support and information.
       (c) Publication and Distribution.--The Commission shall--
       (1) publish a sufficient number of copies of the guide to 
     satisfy both individual requests for copies and mass requests 
     to accommodate distribution by chambers of commerce, trade 
     associations and other organizations the membership of which 
     includes small enterprises whose business activities are 
     affected by the requirements of the Consumer Product Safety 
     Act and other Acts enforced by the Commission;
       (2) make the guide available, without charge, by mail; and
       (3) provide easy access to the guide on the Commission's 
     public website.

[[Page S1580]]

                                 ______
                                 
  SA 271. Mr. REID (for Mr. Kennedy) 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. COMMUNITY ASSISTANCE.

       For an additional amount for the Office of Refugee 
     Resettlement of the Department of Health and Human Services, 
     $112,000,000, and for the Bureau of Population Refugees and 
     Migration of the Department of State, $48,000,000, to assist 
     communities resettling individuals who have been granted 
     status pursuant to section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
     or section 1244 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181), or who have been 
     provided status as refugees under Federal law.
                                 ______
                                 
  SA 272. Mr. ROCKEFELLER (for Mr. Kerry) 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, between lines 11 and 12, insert the following:


                     INDUSTRIAL TECHNOLOGY SERVICES

       For an additional amount for Industrial Technology 
     Services, $70,000,000 shall be available for the necessary 
     expenses of the Technology Innovation Program, to remain 
     available until September 30, 2010.
                                 ______
                                 
  SA 273. Mr. CASEY (for himself, Ms. Snowe, and Mr. Voinovich) 
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 10, line 26, before the period at the end insert 
     ``, including all Federally provided commodities''.
                                 ______
                                 
  SA 274. Ms. CANTWELL (for herself, Mr. Hatch, Ms. Stabenow, and Mr. 
Kerry) 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 461, strike lines 8 to 10 and insert the following:
       (b) Ensuring Consumer Accessibility to Alternative Fuel 
     Vehicle Refueling Property in the Case of Electricity.--
     Section 179(d)(3) is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) for the recharging of motor vehicles propelled by 
     electricity, but only if--
       ``(i) the property complies with the Society of Automotive 
     Engineers' connection standards,
       ``(ii) the property provides for non-restrictive access for 
     charging and for payment interoperability with other systems, 
     and
       ``(iii) the property--

       ``(I) is located on property owned by the taxpayer, or
       ``(II) is located on property owned by another person, is 
     placed in service with the permission of such other person, 
     and is fully maintained by the taxpayer.''.

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

     SEC. 1124. RECOVERY PERIOD FOR DEPRECIATION OF SMART METERS 
                   AND SMART GRID SYSTEMS.

       (a) 5-Year Recovery Period.--
       (1) In general.--Subparagraph (B) of section 168(e)(3) is 
     amended by striking ``and'' at the end of clause (vi), by 
     striking the period at the end of clause (vii) and inserting 
     ``, and'', and by adding at the end the following new 
     clauses:
       ``(viii) any qualified smart electric meter, and
       ``(ix) any qualified smart electric grid system.''.
       (2) Conforming amendments.--Subparagraph (D) of section 
     168(e)(3) is amended by inserting ``and'' at the end of 
     clause (i), by striking the comma at the end of clause (ii) 
     and inserting a period, and by striking clauses (iii) and 
     (iv).
       (b) Technical Amendments.--Paragraphs (18)(A)(ii) and 
     (19)(A)(ii) of section 168(i) are each amended by striking 
     ``16 years'' and inserting ``10 years''.
       (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 the date of the enactment of this 
     Act.
       (2) Technical amendment.--The amendments made by subsection 
     (b) shall take effect as if included in section 306 of the 
     Energy Improvement and Extension Act of 2008.
       Beginning on page 467, strike line 21 and all that follows 
     through page 470, line 23, and insert the following:

     SEC. 1161. MODIFICATION OF CREDIT FOR QUALIFIED PLUG-IN 
                   ELECTRIC MOTOR VEHICLES.

       (a) Increase in Vehicles Eligible for Credit.--Section 
     30D(b)(2)(B) is amended by striking ``250,000'' and inserting 
     ``500,000''.
       (b) Exclusion of Neighborhood Electric Vehicles From 
     Existing Credit.--Section 30D(e)(1) is amended to read as 
     follows:
       ``(1) Motor vehicle.--The term `motor vehicle' means a 
     motor vehicle (as defined in section 30(c)(2)), which is 
     treated as a motor vehicle for purposes of title II of the 
     Clean Air Act.''.
       (c) Credit for Certain Other Vehicles.--Section 30D is 
     amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively, and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Credit for Certain Other Vehicles.--For purposes of 
     this section--
       ``(1) In general.--In the case of a specified vehicle, this 
     section shall be applied with the following modifications:
       ``(A) For purposes of subsection (a)(1), in lieu of the 
     applicable amount determined under subsection (a)(2), the 
     applicable amount shall be 10 percent of so much of the cost 
     of the specified vehicle as does not exceed $40,000.
       ``(B) Subsection (b) shall not apply and no specified 
     vehicle shall be taken into account under subsection (b)(2).
       ``(C) In the case of a specified vehicle which is a 2-or 3-
     wheeled motor vehicle, subsection (c)(1) shall be applied by 
     substituting `2.5 kilowatt hours' for `4 kilowatt hours'.
       ``(D) In the case of a specified vehicle which is a low-
     speed motor vehicle, subsection (c)(3) shall not apply.
       ``(2) Specified vehicle.--For purposes of this subsection--
       ``(A) In general.--The term `specified vehicle' means--
       ``(i) any 2- or 3- wheeled motor vehicle, or
       ``(ii) any low-speed motor vehicle,
     which is placed in service after December 31, 2009, and 
     before January 1, 2012.
       ``(B) 2- or 3-wheeled motor vehicle.--The term `2- or 3-
     wheeled motor vehicle' means any vehicle--
       ``(i) which would be described in section 30(c)(2) except 
     that it has 2 or 3 wheels,
       ``(ii) with motive power having a seat or saddle for the 
     use of the rider and designed to travel on not more than 3 
     wheels in contact with the ground,
       ``(iii) which has an electric motor that produces in excess 
     of 5-brake horsepower,
       ``(iv) which draws propulsion from 1 or more traction 
     batteries, and
       ``(v) which has been certified to the Department of 
     Transportation pursuant to section 567 of title 49, Code of 
     Federal Regulations, as conforming to all applicable Federal 
     motor vehicle safety standards in effect on the date of the 
     manufacture of the vehicle.
       ``(C) Low-speed motor vehicle.--The term `low-speed motor 
     vehicle' means a motor vehicle (as defined in section 
     30(c)(2)) which--
       ``(i) is placed in service after December 31, 2009, and
       ``(ii) meets the requirements of section 571.500 of title 
     49, Code of Federal Regulations.''.
       (d) Effective Dates.--
       (1) In general.--The amendment made by subsections (a) and 
     (c) shall take effect on the date of the enactment of this 
     Act.
       (2) Other modifications.--The amendments made by subsection 
     (b) shall apply to property placed in service after December 
     31, 2009, in taxable years beginning after such date.

     SEC. 1162. CONVERSION KITS.

       (a) In General.--Section 30B (relating to alternative motor 
     vehicle credit) is amended by redesignating subsections (i) 
     and (j) as subsections (j) and (k), respectively, and by 
     inserting after subsection (h) the following new subsection:
       ``(i) Plug-In Conversion Credit.--
       ``(1) In general.--For purposes of subsection (a), the 
     plug-in conversion credit determined under this subsection 
     with respect to any motor vehicle which is converted to a 
     qualified plug-in electric drive motor vehicle is 10 percent 
     of so much of the cost of the converting such vehicle as does 
     not exceed $40,000.
       ``(2) Definitions and special rules.--For purposes of this 
     subsection--
       ``(A) Qualified plug-in electric drive motor vehicle.--The 
     term `qualified plug-in

[[Page S1581]]

     electric drive motor vehicle' means any new qualified plug-in 
     electric drive motor vehicle (as defined in section 30D(c), 
     determined without regard to paragraphs (4) and (6) thereof).
       ``(B) Plug-in traction battery module.--The term `plug-in 
     traction battery module' means an electro-chemical energy 
     storage device which--
       ``(i) which has a traction battery capacity of not less 
     than 2.5 kilowatt hours,
       ``(ii) which is equipped with an electrical plug by means 
     of which it can be energized and recharged when plugged into 
     an external source of electric power,
       ``(iii) which consists of a standardized configuration and 
     is mass produced,
       ``(iv) which has been tested and approved by the National 
     Highway Transportation Safety Administration as compliant 
     with applicable motor vehicle and motor vehicle equipment 
     safety standards when installed by a mechanic with 
     standardized training in protocols established by the battery 
     manufacturer as part of a nationwide distribution program,
       ``(v) which complies with the requirements of section 32918 
     of title 49, United States Code, and
       ``(vi) which is certified by a battery manufacturer as 
     meeting the requirements of clauses (i) through (v).
       ``(C) Credit allowed to lessor of battery module.--In the 
     case of a plug-in traction battery module which is leased to 
     the taxpayer, the credit allowed under this subsection shall 
     be allowed to the lessor of the plug-in traction battery 
     module.
       ``(D) Credit allowed in addition to other credits.--The 
     credit allowed under this subsection shall be allowed with 
     respect to a motor vehicle notwithstanding whether a credit 
     has been allowed with respect to such motor vehicle under 
     this section (other than this subsection) in any preceding 
     taxable year.
       ``(3) Termination.--This subsection shall not apply to 
     conversions made after December 31, 2012.''.
       (b) Credit Treated as Part of Alternative Motor Vehicle 
     Credit.--Section 30B(a) is amended by striking ``and'' at the 
     end of paragraph (3), by striking the period at the end of 
     paragraph (4) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(5) the plug-in conversion credit determined under 
     subsection (i).''.
       (c) No Recapture for Vehicles Converted to Qualified Plug-
     in Electric Drive Motor Vehicles.--Paragraph (8) of section 
     30B(h) is amended by adding at the end the following: ``, 
     except that no benefit shall be recaptured if such property 
     ceases to be eligible for such credit by reason of conversion 
     to a qualified plug-in electric drive motor vehicle.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2008, in taxable years beginning after such date.
       On page 524, after line 3, insert the following:

     SEC. ___. INCENTIVES FOR MANUFACTURING FACILITIES PRODUCING 
                   PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES AND 
                   COMPONENTS.

       (a) Deduction for Manufacturing Facilities.--Part VI of 
     subchapter B of chapter 1 (relating to itemized deductions 
     for individuals and corporations) is amended by inserting 
     after section 179E the following new section:

     ``SEC. 179F. ELECTION TO EXPENSE MANUFACTURING FACILITIES 
                   PRODUCING PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES 
                   AND COMPONENTS.

       ``(a) Treatment as Expenses.--A taxpayer may elect to treat 
     the applicable percentage of the cost of any qualified plug-
     in electric drive motor vehicle manufacturing facility 
     property as an expense which is not chargeable to a capital 
     account. Any cost so treated shall be allowed as a deduction 
     for the taxable year in which the qualified manufacturing 
     facility property is placed in service.
       ``(b) Applicable Percentage.--For purposes of subsection 
     (a), the applicable percentage is--
       ``(1) 100 percent, in the case of qualified plug-in 
     electric drive motor vehicle manufacturing facility property 
     which is placed in service before January 1, 2012, and
       ``(2) 50 percent, in the case of qualified plug-in electric 
     drive motor vehicle manufacturing facility property which is 
     placed in service after December 31, 2011, and before January 
     1, 2015.
       ``(c) Election.--
       ``(1) In general.--An election under this section for any 
     taxable year shall be made on the taxpayer's return of the 
     tax imposed by this chapter for the taxable year. Such 
     election shall be made in such manner as the Secretary may by 
     regulations prescribe.
       ``(2) Election irrevocable.--Any election made under this 
     section may not be revoked except with the consent of the 
     Secretary.
       ``(d) Qualified Plug-In Electric Drive Motor Vehicle 
     Manufacturing Facility Property.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified plug-in electric 
     drive motor vehicle manufacturing facility property' means 
     any qualified property--
       ``(A) the original use of which commences with the 
     taxpayer,
       ``(B) which is placed in service by the taxpayer after the 
     date of the enactment of this section and before January 1, 
     2015, and
       ``(C) no written binding contract for the construction of 
     which was in effect on or before the date of the enactment of 
     this section.
       ``(2) Qualified property.--
       ``(A) In general.--The term `qualified property' means any 
     property which is a facility or a portion of a facility used 
     for the production of--
       ``(i) any new qualified plug-in electric drive motor 
     vehicle (as defined by section 30D(c)), or
       ``(ii) any eligible component.
       ``(B) Eligible component.--The term `eligible component' 
     means any battery, any electric motor or generator, or any 
     power control unit which is designed specifically for use 
     with a new qualified plug-in electric drive motor vehicle (as 
     so defined).
       ``(e) Special Rule for Dual Use Property.--In the case of 
     any qualified plug-in electric drive motor vehicle 
     manufacturing facility property which is used to produce both 
     qualified property and other property which is not qualified 
     property, the amount of costs taken into account under 
     subsection (a) shall be reduced by an amount equal to--
       ``(1) the total amount of such costs (determined before the 
     application of this subsection), multiplied by
       ``(2) the percentage of property expected to be produced 
     which is not qualified property.
       ``(f) Election to Accelerate the AMT and Research Credit in 
     Lieu of Deduction.--
       ``(1) In general.--If a taxpayer elects to have this 
     subsection apply for any taxable year--
       ``(A) subsection (a) shall not apply to any qualified plug-
     in electric drive motor vehicle manufacturing facility 
     property placed in service by the taxpayer, and
       ``(B) each of the limitations described in paragraph (2) 
     for any such taxable year shall be increased by the qualified 
     plug-in electric drive motor vehicle manufacturing facility 
     amount which is--
       ``(i) determined for such taxable year under paragraph (3), 
     and
       ``(ii) allocated to such limitation under paragraph (4).
       ``(2) Limitations to be increased.--The limitations 
     described in this paragraph are--
       ``(A) the limitation imposed by section 38(c), and
       ``(B) the limitation imposed by section 53(c).
       ``(3) Qualified plug-in electric drive motor vehicle 
     manufacturing facility amount.--For purposes of this 
     paragraph--
       ``(A) In general.--The qualified plug-in electric drive 
     motor vehicle manufacturing facility amount is an amount 
     equal to the applicable percentage of any qualified plug-in 
     electric drive motor vehicle manufacturing facility which is 
     placed in service during the taxable year.
       ``(B) Applicable percentage.--For purposes of subparagraph 
     (A), the applicable percentage is--
       ``(i) 35 percent, in the case of qualified plug-in electric 
     drive motor vehicle manufacturing facility property which is 
     placed in service before January 1, 2012, and
       ``(ii) 17.5 percent, in the case of qualified plug-in 
     electric drive motor vehicle manufacturing facility property 
     which is placed in service after December 31, 2011, and 
     before January 1, 2015.
       ``(C) Special rule for dual use property.--In the case of 
     any qualified plug-in electric drive motor vehicle 
     manufacturing facility property which is used to produce both 
     qualified property and other property which is not qualified 
     property, the amount of costs taken into account under 
     subparagraph (A) shall be reduced by an amount equal to--
       ``(i) the total amount of such costs (determined before the 
     application of this subparagraph), multiplied by
       ``(ii) the percentage of property expected to be produced 
     which is not qualified property.
       ``(4) Allocation of qualified plug-in electric drive motor 
     vehicle manufacturing facility amount.--The taxpayer shall, 
     at such time and in such manner as the Secretary may 
     prescribe, specify the portion (if any) of the qualified 
     plug-in electric drive motor vehicle manufacturing facility 
     amount for the taxable year which is to be allocated to each 
     of the limitations described in paragraph (2) for such 
     taxable year.
       ``(5) Election.--
       ``(A) In general.--An election under this subsection for 
     any taxable year shall be made on the taxpayer's return of 
     the tax imposed by this chapter for the taxable year. Such 
     election shall be made in such manner as the Secretary may by 
     regulations prescribe.
       ``(B) Election irrevocable.--Any election made under this 
     subsection may not be revoked except with the consent of the 
     Secretary.
       ``(6) Credit refundable.--For purposes of section 6401(b), 
     the aggregate increase in the credits allowable under part IV 
     of subchapter A for any taxable year resulting from the 
     application of this subsection shall be treated as allowed 
     under subpart C of such part (and not any other subpart).''.
       (b) Technical Amendment.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting ``179F(f),'' 
     after ``168(k)(4)(F),''.
       (c) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1 is amended by adding at the end 
     the following new item:

``Sec. 179F. Election to expense manufacturing facilities producing 
              plug-in electric drive motor vehicle and components.''.


[[Page S1582]]


       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 275. Ms. STABENOW (for herself, Mr. Rockefeller, Mr. Kerry, Mr. 
Menendez, 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 267, line 7, insert before the semicolon the 
     following: ``, including the use of electronic technology to 
     collect and report patient demographic data, including, at a 
     minimum, race, ethnicity, and gender data''.

       On page 282, between lines 3 and 4, insert the following:
       ``(vi) The use of electronic systems to ensure the 
     comprehensive collection of patient demographic data, 
     including, at a minimum, race, ethnicity, and gender 
     information.''.

       On page 283, between lines 21 and 22, insert the following:
       ``(4) Consistency with evaluation conducted under mippa.--
       ``(A) Requirement for consistency.--The HIT Policy 
     Committee shall ensure that recommendations made under 
     paragraph (2)(B)(vi) are consistent with the evaluation 
     conducted under section 1809(a) of the Social Security Act.
       ``(B) Scope.--Nothing in subparagraph (A) shall be 
     construed to limit the recommendations under paragraph 
     (2)(B)(vi) to the elements described in section 1809(a)(3) of 
     the Social Security Act.
       ``(C) Timing.--The requirement under subparagraph (A) shall 
     be applicable to the extent that evaluations have been 
     conducted under section 1809(a) of the Social Security Act, 
     regardless of whether the report described in subsection (b) 
     of such section has been submitted.''.
                                 ______
                                 
  SA 276. Ms. CANTWELL (for herself, Mr. Kerry, Ms. Snowe, Mr. Schumer, 
Ms. Stabenow, Mr. Bingaman, Mr. Ensign, Mr. Carper, Mr. Hatch, Mr. 
Wyden, Mr. Cardin, Mr. Nelson of Florida, Mr. Reed, and Mr. Kennedy) 
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 subtitle J of title I of division B, add the 
     following:

     SEC. ___. ELECTION TO ACCELERATE THE LOW-INCOME HOUSING TAX 
                   CREDIT.

       (a) In General.--At the election of the taxpayer, the 
     credit determined under section 42 of the Internal Revenue 
     Code of 1986 for the taxpayer's first three taxable years 
     beginning after December 31, 2008, in which credits are 
     allowable for any low-income housing project with respect to 
     initial investments made pursuant to a binding agreement by 
     such taxpayer after December 31, 2008, and before January 1, 
     2011, shall be 200 percent of the amount which would (but for 
     this subsection) be so allowable.
       (b) Eligibility for Election.--The election under 
     subsection (a) shall take effect with respect to the first 
     taxable year referred to in such subsection only when all 
     rental requirements pursuant to section 42(g)(1) of the 
     Internal Revenue Code of 1986 have been met with respect to 
     the low-income housing project.
       (c) Reduction in Aggregate Credit to Reflect Accelerated 
     Credit.--The aggregate credit allowable to any taxpayer under 
     section 42 of the Internal Revenue Code of 1986 with respect 
     to any investment for taxable years after the first three 
     taxable years referred to in subsection (a) shall be reduced 
     on a pro rata basis by the amount of the increased credit 
     allowable by reason of subsection (a) with respect to such 
     first three taxable years. The preceding sentence shall not 
     be construed to affect whether any taxable year is part of 
     the credit, compliance, or extended use periods under such 
     section 42.
       (d) Election.--The election under subsection (a) shall be 
     made at the time and in the manner prescribed by the 
     Secretary of the Treasury or the Secretary's delegate, and, 
     once made, shall be irrevocable. In the case of a 
     partnership, such election shall be made by the partnership.
                                 ______
                                 
  SA 277. 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:

       Beginning on page 435, strike line 4 and all that follows 
     through page 441, line 15, and insert the following:

     SEC. 1001. REDUCTION IN 10-PERCENT RATE BRACKET FOR 2009 AND 
                   2010.

       (a) In General.--Paragraph (1) of section 1(i) 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 278. Mr. McCAIN 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 431, after line 8, insert the following:

     SEC. __. REDUCING SPENDING UPON ECONOMIC GROWTH TO RELIEVE 
                   FUTURE GENERATIONS' DEBT OBLIGATIONS.

       (a) Enforcement.--Section 275 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended by inserting 
     at the end thereof the following:
       ``(d) Reducing Spending Upon Economic Growth to Relieve 
     Future Generations Debt Obligations.--
       ``(1) Sequester.--Section 251 shall be implemented in 
     accordance with this subsection in any fiscal year following 
     a fiscal year in which there are 2 consecutive quarters of 
     economic growth greater than 2% of inflation adjusted GDP.
       ``(2) Amounts provided in the american recovery and 
     reinvestment act of 2009.--Appropriated amounts provided in 
     the American Recovery and Reinvestment Act of 2009 for a 
     fiscal year to which paragraph (1) applies that have not been 
     otherwise obligated are rescinded.
       ``(3) Reductions.--The reduction of sequestered amounts 
     required by paragraph (1) shall be 2% from the baseline for 
     the first year, minus any discretionary spending provided in 
     the American recovery and Reinvestment act of 2009, and each 
     of the 4 fiscal years following the first year in order to 
     balance the Federal budget.
       ``(e) Deficit Reduction Through a Sequester.--
       ``(1) Sequester.--Section 253 shall be implemented in 
     accordance with this subsection.
       ``(2) Maximum deficit amounts.--
       ``(A) In general.--When the President submits the budget 
     for the first fiscal year following a fiscal year in which 
     there are 2 consecutive quarters of economic growth greater 
     than 2% of inflation adjusted GDP, the President shall set 
     and submit maximum deficit amounts for the budget year and 
     each of the following 4 fiscal years. The President shall set 
     each of the maximum deficit amounts in a manner to ensure a 
     gradual and proportional decline that balances the federal 
     budget in not later than 5 fiscal years.
       ``(B) MDA.--The maximum deficit amounts determined pursuant 
     to subparagraph (A) shall be deemed the maximum deficit 
     amounts for purposes of section 601 of the Congressional 
     Budget Act of 1974, as in effect prior to the enactment of 
     Public Law 105-33.
       ``(C) Deficit.--For purposes of this paragraph, the term 
     `deficit' shall have the meaning given such term in Public 
     Law 99-177.''.
       (b) Procedures Reestablished.--Section 275(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended to read as follows:
       ``(b) Procedures Reestablished.--Subject to subsection (d), 
     sections 251 and 252 of this Act and any procedure with 
     respect to such sections in this Act shall be effective 
     beginning on the date of enactment of this subsection.''.
       (c) Baseline.--The Congressional Budget Office shall not 
     include any amounts, including discretionary, mandatory, and 
     revenues, provided in this Act in the baseline for fiscal 
     year 2010 and fiscal years thereafter.
                                 ______
                                 
  SA 279. Mr. McCAIN (for himself and Mr. Shelby) proposed an amendment 
to amendment SA 98 proposed by Mr.

[[Page S1583]]

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 429, strike line 6 and all that follows through 
     page 430, line 12, and insert the following:
       Sec. 1604. (a) Inapplicability of Buy American 
     Requirements.--Notwithstanding any other provision of this 
     Act, the utilization of funds appropriated or otherwise made 
     available by this Act shall not be subject to any Buy 
     American requirement in a provision of this Act.
       (b) Buy American Requirement Defined.--In this section, the 
     term ``Buy American requirement'' means a requirement in a 
     provision of this Act that an item may be procured only if 
     the item is grown, processed, reused, or produced in the 
     United States.
                                 ______
                                 
  SA 280. Mr. BAYH (for himself, Mr. Bingaman, Ms. Stabenow, Mr. 
Rockefeller, and Mr. Begich) 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 72, line 22, before the period, insert the 
     following: ``: Provided further, That $200,000,000 shall be 
     available for waste energy recovery grants to owners or 
     operators of waste energy recovery projects and utilities as 
     authorized under section 373 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6343)''.
       On page 90, between lines 14 and 15, insert the following:

     SEC. 4__. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.

       Section 373 of the Energy Policy and Conservation Act (42 
     U.S.C. 6343) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``and'' after the 
     semicolon at the end;
       (B) in paragraph (2), by striking ``; and'' and inserting a 
     period; and
       (C) by striking paragraph (3);
       (2) in subsection (b)--
       (A) in paragraph (3)(A)--
       (i) by inserting ``not more than'' after ``rate of''; and
       (ii) by striking ``Energy Independence and Security Act of 
     2007'' and inserting ``American Recovery and Reinvestment Act 
     of 2009''; and
       (B) in paragraph (4), by inserting ``not more than'' after 
     ``rate of'';
       (3) by striking subsection (c);
       (4) by redesignating subsections (d), (e), and (f) as 
     subsections (c), (d), and (e), respectively; and
       (5) by striking subsection (e) (as so redesignated) and 
     inserting the following:
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $200,000,000 for each of fiscal years 2009 and 2010.''.
                                 ______
                                 
  SA 281. Mr. BAYH (for himself, Ms. Stabenow, and Mr. Begich) 
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, after ``That'' insert the following: 
     ``$200,000,000 shall be available for grants under section 
     131 of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17011) to plan, develop, and demonstrate electrical 
     infrastructure projects that encourage the use of electric 
     drive vehicles, including plug-in electric drive vehicles, 
     and for near-term, large-scale electrification projects aimed 
     at the transportation section: Provided further, That 
     $590,000,000 shall be available under section 641 of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 
     17231) to carry out a research, development, and 
     demonstration program to support the ability of the United 
     States to remain globally competitive in energy storage 
     systems for electric drive vehicles, stationary application, 
     and electricity transmission and distribution: Provided 
     further, That''.
                                 ______
                                 
  SA 282. Mr. WARNER 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. PROGRAM OF STATE GRANTS TO ATTRACT AND RETAIN JOBS 
                   IN INFORMATION TECHNOLOGY AND MANUFACTURING 
                   SECTORS.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means an 
     entity that--
       (A) employs not fewer than 20 full-time equivalent 
     employees in eligible jobs; and
       (B) such jobs are located--
       (i) in a foreign country; or
       (ii) in the United States but would be relocated by such 
     entity to a foreign country without the assistance of a grant 
     awarded under the Program.
       (2) Eligible job.--The term ``eligible job'' means, with 
     respect to an entity, a job in the information technology 
     sector or manufacturing sector in which the entity employs a 
     full-time equivalent employee.
       (3) Eligible state.--The term ``eligible State'' means a 
     State that--
       (A) submits an application in accordance with subsection 
     (d)(1);
       (B) includes in such application a certification as 
     required by subsection (d)(2);
       (C) agrees to make contributions pursuant to subsection 
     (d)(3); and
       (D) any part of which is located within a labor surplus 
     area.
       (4) Labor surplus area.--The term ``labor surplus area'' 
     means an area in the United States included in the most 
     recent classification of labor surplus areas by the Secretary 
     of Labor.
       (5) Program.--The term ``Program'' means the program 
     established under subsection (b).
       (6) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Commerce.
       (b) Establishment of Program.--
       (1) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary shall, acting 
     through the Assistant Secretary of Commerce for Economic 
     Development, establish a program to provide funds to States 
     to award grants to eligible entities for the purposes 
     described in paragraph (2).
       (2) Purposes.--A grant awarded under the Program shall be 
     used by an eligible entity--
       (A) to relocate an eligible job located in a foreign 
     country to a labor surplus area; or
       (B) to retain an eligible job located in a labor surplus 
     area that the eligible entity would otherwise relocate to a 
     foreign country without the assistance of such grant.
       (c) Allotment to States.--
       (1) In general.--During the 2-year period beginning on the 
     date that is 90 days after the date of the enactment of this 
     Act, the Secretary shall provide $2,000,000,000 to eligible 
     States to enable such States to award grants under the 
     Program.
       (2) Allotment among states.--From the amount provided 
     pursuant to paragraph (1), the Secretary shall allot to each 
     eligible State an amount which bears the same relationship to 
     the amount provided under paragraph (1) as the total number 
     of individuals in the State bears to the total number of 
     individuals in all eligible States.
       (d) Requirements of States.--
       (1) Application.--A State seeking funds under the Program 
     shall submit an application to the Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (2) Certification.--An application submitted under 
     paragraph (1) shall include a certification made by the 
     appropriate official of an eligible State that the State will 
     use any amount provided to the State under the Program in 
     accordance with the requirements of subsection (e).
       (3) State matching requirement.--A State seeking funds 
     under the Program shall agree to make available non-Federal 
     funds to carry out the purposes of the Program in an amount 
     equal to not less than 30 percent of the amount allotted to 
     such State under subsection (c)(2).
       (e) Grants to Eligible Entities.--
       (1) In general.--Subject to subsection (g), not later than 
     1 year after the date that a State receives an amount under 
     subsection (c), the State shall use such amount to award 
     grants to eligible entities in that State to enable such 
     entities to relocate or retain eligible jobs as described in 
     subparagraph (A) or (B) of subsection (b)(2). A State may not 
     award a grant to any entity under the Program for the purpose 
     of relocating a job from one State to another State.
       (2) Application.--
       (A) In general.--An eligible entity seeking a grant from a 
     State under the program shall submit an application to the 
     Governor of that State at such time, in such manner, and 
     containing such information as the Governor may require.
       (B) Certification.--An application submitted under 
     subparagraph (A) by an eligible entity shall include a 
     certification made by the entity that the entity will 
     relocate or retain eligible jobs as described in subparagraph 
     (A) or (B) of subsection (b)(2).
       (3) Amounts.--A grant awarded by a State to an eligible 
     entity under the Program shall be disbursed by the State to 
     the entity in 2 installments as follows:

[[Page S1584]]

       (A) Initial installment.--The initial installment of the 
     grant shall be disbursed to the entity as soon as practicable 
     after the grant is awarded in an amount equal to $5,000 per 
     eligible job that the entity--
       (i) relocates from a foreign country to a labor surplus 
     area; or
       (ii) retains in a labor surplus area that the entity would 
     otherwise relocate to a foreign country without the 
     assistance of such grant.
       (B) Second installment.--Subject to paragraph (4), the 
     second installment of the grant shall be disbursed to the 
     entity as soon as practicable after the 366th day after the 
     grant is awarded in an amount equal to $4,000 per eligible 
     job that the entity--
       (i) relocates as described in subparagraph (A)(i); or
       (ii) retains as described in subparagraph (A)(ii).
       (4) Certification of increase in employment.--
       (A) In general.--To be eligible for the second installment 
     of a grant under paragraph (3)(B), an eligible entity awarded 
     a grant under the Program shall certify to the satisfaction 
     of the Governor of the State that awarded the grant that the 
     entity increased during the first year of the grant the 
     number of full-time equivalent employees employed by the 
     entity in an eligible job in a labor surplus area.
       (B) Failure to certify.--If an eligible entity awarded a 
     grant under the Program fails to make the certification 
     required by subparagraph (A)--
       (i) the entity shall not receive the second installment of 
     the grant under paragraph (3)(B); and
       (ii) the grant awarded to such recipient shall be 
     terminated.
       (f) Publication of Grant Awards.--
       (1) Notice to secretary.--Not later than 30 days after the 
     date on which a State awards a grant under the Program, the 
     State shall submit to the Secretary such information 
     regarding the grant as the Secretary may require, including 
     the following:
       (A) The name of the grant recipient.
       (B) The number of eligible jobs to be relocated or 
     retained, as described in clause (i) or (ii) of subsection 
     (e)(3)(A), by the grant recipient.
       (C) The labor surplus area concerned.
       (2) In general.--Not later than 30 days after the date on 
     which the Secretary receives information under paragraph (1), 
     the Secretary shall publish such information on the Internet 
     web site of the Department of Commerce.
       (g) State Administrative Costs.--Of the amount provided to 
     a State by the Secretary under the Program, an amount not to 
     exceed 5 percent may be used by such State for the costs of 
     administering the Program.
       (h) Audits.--A State shall audit each eligible entity 
     awarded a grant under the Program to ensure that the entity 
     relocates or retains eligible jobs as described in 
     subparagraph (A) or (B) of subsection (b)(2).
       (i) Report.--Not later than 410 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the Program.
       (j) Direct Spending Authority and Offset.--
       (1) Direct spending authority.--There is authorized to be 
     appropriated and is appropriated to the Secretary 
     $2,000,000,000 to carry out the Program.
       (2) Availability.--The amounts appropriated under paragraph 
     (1) shall remain available for the purpose described in such 
     paragraph until September 30, 2010.
       (3) Offset.--The amount appropriated or otherwise made 
     available by title XIV of this division under the heading 
     ``State Fiscal Stabilization Fund'' and the amount described 
     in section 1401(c) of such title are each reduced by 
     $2,000,000,000.
                                 ______
                                 
  SA 283. 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. ___. TEMPORARY INCREASE IN PERSONAL CAPITAL LOSS 
                   DEDUCTION LIMITATION.

       (a) In General.--Section 1211 is amended by adding at the 
     end the following new subsection:
       ``(c) Special Rule for Taxable Years Beginning in 2009.--In 
     the case of a taxable year beginning after December 31, 2008, 
     and before January 1, 2010, subsection (b)(1) shall be 
     applied--
       ``(1) by substituting `$15,000' for `$3,000', and
       ``(2) by substituting `$7,500' for `$1,500'.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
       (c) Offset.--Notwithstanding any other provision of 
     division A, the amounts appropriated or made available in 
     division A (other than any such amount under the heading 
     ``Department of Veterans Affairs'' in title X of division A) 
     shall be reduced by a percentage necessary to offset the 
     aggregate reduction in revenues resulting from the enactment 
     of the amendment made by subsection (a).
                                 ______
                                 
  SA 284. Mr. VITTER (for himself, Mr. Cochran, Mr. Shelby, Mrs. 
Hutchison, Mr. Wicker, and 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:

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

     SEC. __. COASTAL RESTORATION AND GULF STATE RECOVERY.

       (a) Seaward Boundaries of States.--
       (1) In general.--Section 4 of the Submerged Lands Act (43 
     U.S.C. 1312) is amended by striking ``three geographical 
     miles'' each place it appears and inserting ``12 nautical 
     miles''.
       (2) Conforming amendments.--Section 2 of the Submerged 
     Lands Act (43 U.S.C. 1301) is amended by striking ``three 
     geographical miles'' each place it appears in subsections 
     (a)(2) and (b) and inserting ``12 nautical miles''.
       (3) Effect of amendments.--
       (A) In general.--Subject to subparagraphs (B) through (D), 
     the amendments made by this subsection shall not effect 
     Federal oil and gas mineral rights.
       (B) Submerged land.--Submerged land within the seaward 
     boundaries of States shall be--
       (i) subject to Federal oil and gas mineral rights to the 
     extent provided by law;
       (ii) considered to be part of the Federal outer Continental 
     Shelf for purposes of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1331 et seq.); and
       (iii) subject to leasing under the authority of that Act 
     and to laws applicable to the leasing of the oil and gas 
     resources of the Federal outer Continental Shelf.
       (C) Existing leases.--The amendments made by this 
     subsection shall not affect any Federal oil and gas lease in 
     effect on the date of enactment of this Act.
       (D) Taxation.--A State may exercise all of the sovereign 
     powers of taxation of the State within the entire extent of 
     the seaward boundaries of the State (as extended by the 
     amendments made by this subsection).
       (b) Coastal Impact Assistance Program Amendments.--
       (1) In general.--Section 31 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1356a) is amended--
       (A) in subsection (c), by adding at the end the following:
       ``(5) Application requirements; availability of funding.--
     On approval of a plan by the Secretary under this section, 
     the producing State shall--
       ``(A) not be subject to any additional application or other 
     requirements (other than notifying the Secretary of which 
     projects are being carried out under the plan) to receive the 
     payments; and
       ``(B) be immediately eligible to receive payments under 
     this section.''; and
       (B) by adding at the end the following:
       ``(e) Funding.--
       ``(1) Streamlining.--
       ``(A) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Secretary of the Interior 
     (acting through the Director of the Minerals Management 
     Service) (referred to in this subsection as the `Secretary') 
     shall develop a plan that addresses streamlining the process 
     by which payments are made under this section, including 
     recommendations for--
       ``(i) decreasing the time required to approve plans 
     submitted under subsection (c)(1);
       ``(ii) ensuring that allocations to producing States under 
     subsection (b) are adequately funded; and
       ``(iii) any modifications to the authorized uses for 
     payments under subsection (d).
       ``(B) Clean water.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary and the 
     Administrator of the Environmental Protection Agency shall 
     jointly develop procedures for streamlining the permit 
     process required under the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.) and State laws for restoration 
     projects that are included in an approved plan under 
     subsection (c).
       ``(C) Environmental requirements.--In the case of any 
     project covered by this subsection that is not carried out on 
     wetland (as defined in section 1201 of the Food Security Act 
     of 1985 (16 U.S.C. 3801)), there shall be no requirement for 
     a review, statement, or analysis under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Dredged materials.--Not later than 180 days after the 
     date of enactment of this subsection, the Secretary of the 
     Army shall develop and implement guidelines requiring the use 
     of dredged material, at full Federal expense, for ecological 
     restoration, or port or other coastal infrastructure, in 
     producing States.
       ``(3) Cost-sharing requirements.--Any amounts made 
     available to producing States under this section may be used 
     to meet the cost-sharing requirements of other Federal grant 
     programs, including grant programs

[[Page S1585]]

     that support coastal protection and restoration.
       ``(4) Expedited funding.--Not later than 180 days after the 
     date of enactment of this subsection, the Secretary shall 
     develop a procedure to provide expedited funding to projects 
     under this section based on estimated revenues to ensure that 
     the projects may--
       ``(A) secure additional funds from other sources; and
       ``(B) use the amounts made available under this section on 
     receipt.''.
       (2) Application.--The amendments made by paragraph (1) 
     apply to an application for payments under section 31 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1356a) that is 
     pending on, or filed on or after, the date of enactment of 
     this Act.
                                 ______
                                 
  SA 285. Mr. BAUCUS (for himself, Mr. Leahy, and Mr. Tester) 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 159, between lines 11 and 12, insert the following:
       (2) Minimum amount.--Notwithstanding paragraph (1), no 
     State higher education agency shall receive less than 0.5 
     percent of the amount allocated under paragraph (1).
                                 ______
                                 
  SA 286. Ms. LANDRIEU (for herself, Mr. Kohl, 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 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 179, between lines 3 and 4, insert the following:
       (D) Charter schools.--
       (i) In general.--An eligible local educational agency 
     receiving funds under this paragraph shall use an equitable 
     portion of the funds, as determined under clause (ii), to 
     carry out school renovation, repair, and construction 
     (consistent with subsection (c)) for charter schools that are 
     served by the eligible local educational agency.
       (ii) Equitable portion.--An eligible local educational 
     agency receiving funds under this paragraph shall determine 
     the amount of the equitable portion described in clause (i) 
     on the basis of--

       (I) the percentage of poor children who are enrolled in the 
     charter schools served by the eligible local educational 
     agency; and
       (II) the needs of the charter schools as determined by the 
     eligible local educational agency.

                                 ______
                                 
  SA 287. 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 end of division B, add the following:

          TITLE VI--TAXPAYER PROTECTION PROSECUTION TASK FORCE

     SEC. 6001. CREATION OF A TAXPAYER PROTECTION PROSECUTION TASK 
                   FORCE.

       The Attorney General of the United States shall immediately 
     establish a Taxpayer Protection Prosecution Task Force 
     (referred to in this title as the ``Task Force'') .

     SEC. 6002. DUTIES OF THE TASK FORCE.

       The Task Force shall--
       (1) investigate and prosecute financial fraud cases or any 
     other violation of law that contributed to the collapse of 
     our financial markets; and
       (2) seek to claw back any ill-gotten gains, particularly by 
     those who received billions of dollars in compensation 
     creating the real estate and financial bubble.

     SEC. 6003. MEMBERSHIP.

       The membership of the Task Force shall include--
       (1) Department of Justice attorneys acting as a team of 
     Federal prosecutors;
       (2) special agents from the Federal Bureau of 
     Investigation, the Internal Revenue Service, and United 
     States Postal Service; and
       (3) additional assistance from the Board of Governors of 
     the Federal Reserve System, the Securities and Exchange 
     Commission, and other Federal banking regulators or 
     investigators.

     SEC. 6004. STAFFING.

       The Task Force shall be staffed by Department of Justice 
     career attorneys, enforcement attorneys, and other private 
     and public sector legal professionals and experts in the 
     violations of law under investigation.

     SEC. 6005. DIRECTOR.

       The Director of the Task Force shall be appointed by the 
     President, subject to the advice and consent of the Senate.

     SEC. 6006. OUTSIDE EMPLOYMENT.

       The Director of the Task Force and all professional members 
     of the staff shall for a period of 2 years after their 
     employment with the Task Force be prohibited from directly or 
     indirectly representing any client in or in connection with 
     any investigation relating to any of the work of the Task 
     Force.

     SEC. 6007. REPORTS TO CONGRESS.

       The Task Force shall file--
       (1) a public report directly with Congress every 6 months 
     on its activities; and
       (2) if necessary, a classified annex to protect the 
     confidentiality of ongoing investigations or attorney-client 
     privilege or other non-public information.

     SEC. 6008. STATUTE OF LIMITATIONS RECOMMENDATION.

       The Task Force shall make recommendations to Congress not 
     later than 60 days after the date of the establishment of the 
     Task Force regarding extension of the statute of limitation 
     for complex financial fraud and other similar cases.
                                 ______
                                 
  SA 288. 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 478, between lines 15 and 16, insert the following:

     SEC. ___. TEMPORARY REINSTATEMENT OF REGULAR INVESTMENT TAX 
                   CREDIT.

       The current year business credit under section 38 of 
     Internal Revenue Code of 1986 shall include the amount that 
     would be determined under section 46(a) of such Code (without 
     regard to paragraphs (2) and (3) of such subsection) (as such 
     Code was in effect before the amendments made by the Revenue 
     Reconciliation Act of 1990 (Public Law 101-508)) with respect 
     to property placed in service after 2008 and before July 1, 
     2010, if the regular percentage were 15 percent.
                                 ______
                                 
  SA 289. 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 162, between lines 6 and 7, insert the following:
       (E) Prohibition.--Notwithstanding any other provision of 
     this section, a State higher education agency shall not award 
     a subgrant under this section to an institution of higher 
     education that--
       (i) has an endowment exempt from taxation under subtitle A 
     of the Internal Revenue Code of 1986 that is more than 
     $15,000,000,000; or
       (ii) has paid more than $1,000,000 for lobbying activities, 
     as such term is defined in section 3 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602), in the preceding 
     fiscal year.
                                 ______
                                 
  SA 290. Mr. BROWNBACK (for himself, and Mr. Wyden) 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 320, between lines 3 and 4, insert the following:
       ``(10) establishing and supporting health record banking 
     models to further consumer-based consent models that promote 
     lifetime access to qualified health records, if such 
     activities are included in the plan described in subsection 
     (e), and may contain smart card functionality; and''.
                                 ______
                                 
  SA 291. Mr. BROWNBACK (for himself, and Mr. Wyden) 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 S1586]]

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 320, between lines 3 and 4, insert the following:
       ``(10) establishing and supporting health record banking 
     models to further consumer-based consent models that promote 
     lifetime access to qualified health records, if such 
     activities are included in the plan described in subsection 
     (e), and may contain smart card functionality; and''.
                                 ______
                                 
  SA 292. Mr. BROWNBACK (for himself, and Mr. Wyden) 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 320, between lines 3 and 4, insert the following:
       ``(10) establishing and supporting health record banking 
     models to further consumer-based consent models that promote 
     lifetime access to qualified health records, if such 
     activities are included in the plan described in subsection 
     (e), and may contain smart card functionality; and''.
                                 ______
                                 
  SA 293. Mr. ENZI 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 270, strike lines 1 through 11, and insert the 
     following:
       ``(1) Standards.--The National Coordinator shall--
       ``(A) review and determine whether to endorse each 
     standard, implementation specification, and certification 
     criterion for the electronic exchange and use of health 
     information that is recommended by the HIT Standards 
     Committee under section 3003 for purposes of adoption under 
     section 3004;
       ``(B) make such determinations under subparagraph (A), and 
     report to the Secretary such determinations, not later than 
     45 days after the date the recommendation is received by the 
     Coordinator;
       ``(C) review Federal health information technology 
     investments to ensure that Federal health information 
     technology programs are meeting the objectives of the 
     strategic plan published under paragraph (3); and
       ``(D) provide comments and advice regarding specific 
     Federal health information technology programs, at the 
     request of Office of Management and Budget.''.
       Beginning on page 273, strike line 21, and all that follows 
     through line 8 on page 274, and insert the following:
       ``(5) Harmonization.--The Secretary may recognize an entity 
     or entities for the purpose of harmonizing or updating 
     standards and implementation specifications in order to 
     achieve uniform and consistent implementation of the 
     standards and implementation specifications.
       ``(6) Certification.--
       ``(A) In general.--The National Coordinator, in 
     consultation with the Director of the National Institute of 
     Standards and Technology, shall recognize a program or 
     programs for the voluntary certification of health 
     information technology as being in compliance with applicable 
     certification criteria adopted under this subtitle. Such 
     program shall include, as appropriate, testing of the 
     technology in accordance with section 14201(b) of the Health 
     Information Technology for Economic and Clinical Health 
     Act.''.
       On page 277, strike lines 8 through 11, and insert the 
     following:
       ``(8) Governance for nationwide health information 
     network.--The National Coordinator shall implement the 
     recommendations made by the HIT Policy Committee regarding 
     the governance of the nationwide health information 
     network.''.
       On page 283, between lines 12 and 13, insert the following:
       ``(ix) Methods to facilitate secure access by an individual 
     to such individual's protected health information.
       ``(x) Methods, guidelines, and safeguards to facilitate 
     secure access to patient information by a family member, 
     caregiver, or guardian acting on behalf of a patient due to 
     age-related and other disability, cognitive impairment, or 
     dementia that prevents a patient from accessing the patient's 
     individually identifiable health information.''.
       On page 284, strike lines 1 through 13, and insert the 
     following:
       ``(2) Membership.--The HIT Policy Committee shall be 
     composed of members to be appointed as follows:
       ``(A) One member shall be appointed by the Secretary.
       ``(B) One member shall be appointed by the Secretary of 
     Veterans Affairs who shall represent the Department of 
     Veterans Affairs.
       ``(C) One member shall be appointed by the Secretary of 
     Defense who shall represent the Department of Defense.
       ``(D) One member shall be appointed by the Majority Leader 
     of the Senate.
       ``(E) One member shall be appointed by the Minority Leader 
     of the Senate.
       ``(F) One member shall be appointed by the Speaker of the 
     House of Representatives.
       ``(G) One member shall be appointed by the Minority Leader 
     of the House of Representatives.
       ``(H) Eleven members shall be appointed by the Comptroller 
     General of the United States, of whom--
       ``(i) three members shall represent patients or consumers;
       ``(ii) one member shall represent health care providers;
       ``(iii) one member shall be from a labor organization 
     representing health care workers;
       ``(iv) one member shall have expertise in privacy and 
     security;
       ``(v) one member shall have expertise in improving the 
     health of vulnerable populations;
       ``(vi) one member shall represent health plans or other 
     third party payers;
       ``(vii) one member shall represent information technology 
     vendors;
       ``(viii) one member shall represent purchasers or 
     employers; and
       ``(ix) one member shall have expertise in health care 
     quality measurement and reporting.
       ``(3) Chairperson and vice chairperson.--The HIT Policy 
     Committee shall designate one member to serve as the 
     chairperson and one member to serve as the vice chairperson 
     of the Policy Committee.
       ``(4) National coordinator.--The National Coordinator shall 
     serve as a member of the HIT Policy Committee and act as a 
     liaison among the HIT Policy Committee, the HIT Standards 
     Committee, and the Federal Government.
       ``(5) Participation.--The members of the HIT Policy 
     Committee appointed under paragraph (2) shall represent a 
     balance among various sectors of the health care system so 
     that no single sector unduly influences the recommendations 
     of the Policy Committee.
       ``(6) Terms.--
       ``(A) In general.--The terms of the members of the HIT 
     Policy Committee shall be for 3 years, except that the 
     Comptroller General shall designate staggered terms for the 
     members first appointed.
       ``(B) Vacancies.--Any member appointed to fill a vacancy in 
     the membership of the HIT Policy Committee that occurs prior 
     to the expiration of the term for which the member's 
     predecessor was appointed shall be appointed only for the 
     remainder of that term. A member may serve after the 
     expiration of that member's term until a successor has been 
     appointed. A vacancy in the HIT Policy Committee shall be 
     filled in the manner in which the original appointment was 
     made.
       ``(7) Outside involvement.--The HIT Policy Committee shall 
     ensure an adequate opportunity for the participation of 
     outside advisors, including individuals with expertise in--
       ``(A) health information privacy and security;
       ``(B) improving the health of vulnerable populations;
       ``(C) health care quality and patient safety, including 
     individuals with expertise in the measurement and use of 
     health information technology to capture data to improve 
     health care quality and patient safety;
       ``(D) long-term care and aging services;
       ``(E) medical and clinical research; and
       ``(F) data exchange and developing health information 
     technology standards and new health information technology.
       ``(8) Quorum.--Ten members of the HIT Policy Committee 
     shall constitute a quorum for purposes of voting, but a 
     lesser number of members may meet and hold hearings.
       ``(9) Failure of initial appointment.--If, on the date that 
     is 120 days after the date of enactment of this title, an 
     official authorized under paragraph (2) to appoint one or 
     more members of the HIT Policy Committee has not appointed 
     the full number of members that such paragraph authorizes 
     such official to appoint--
       ``(A) the number of members that such official is 
     authorized to appoint shall be reduced to the number that 
     such official has appointed as of that date; and
       ``(B) the number prescribed in paragraph (8) as the quorum 
     shall be reduced to the smallest whole number that is greater 
     than one-half of the total number of members who have been 
     appointed as of that date.
       ``(10) Consideration.--The National Coordinator shall 
     ensure that the relevant recommendations and comments from 
     the National Committee on Vital and Health Statistics are 
     considered in the development of policies.''.
       On page 287, between lines 16 and 17, insert the following:
       ``(5) Consideration.--The National Coordinator shall ensure 
     that the relevant recommendations and comments from the 
     National Committee on Vital and Health Statistics are 
     considered in the development of standards.''.
       On page 288, strike lines 4 through 19 and insert the 
     following:

[[Page S1587]]

       ``(3) Broad participation.--There is broad participation in 
     the HIT Standards Committee by a variety of public and 
     private stakeholders, either through membership in the 
     Committee or through another means.
       ``(4) Chairperson; vice chairperson.--The HIT Standards 
     Committee may designate one member to serve as the 
     chairperson and one member to serve as the vice chairperson.
       ``(5) Department membership.--The Secretary shall be a 
     member of the HIT Standards Committee. The National 
     Coordinator shall act as a liaison among the HIT Standards 
     Committee, the HIT Policy Committee, and the Federal 
     Government.
       ``(6) Balance among sectors.--In developing the procedures 
     for conducting the activities of the HIT Standards Committee, 
     the HIT Standards Committee shall act to ensure a balance 
     among various sectors of the health care system so that no 
     single sector unduly influences the actions of the HIT 
     Standards Committee.
       ``(7) Assistance.--For the purposes of carrying out this 
     section, the Secretary may provide or ensure that financial 
     assistance is provided by the HIT Standards Committee to 
     defray in whole or in part any membership fees or dues 
     charged by such Committee to those consumer advocacy groups 
     and not for profit entities that work in the public interest 
     as a part of their mission.
       ``(d) Open and Public Process.--In providing for the 
     establishment of the HIT Standards Committee pursuant to 
     subsection (a), the Secretary shall ensure the following:
       ``(1) Consensus approach; open process.--The HIT Standards 
     Committee shall use a consensus approach and a fair and open 
     process to support the development, harmonization, and 
     recognition of standards described in subsection (a)(1).
       ``(2) Participation of outside advisers.--The HIT Standards 
     Committee shall ensure an adequate opportunity for the 
     participation of outside advisors, including individuals with 
     expertise in--
       ``(A) health information privacy;
       ``(B) health information security;
       ``(C) health care quality and patient safety, including 
     individuals with expertise in utilizing health information 
     technology to improve healthcare quality and patient safety;
       ``(D) long-term care and aging services; and
       ``(E) data exchange and developing health information 
     technology standards and new health information technology.
       ``(3) Open meetings.--Plenary and other regularly scheduled 
     formal meetings of the HIT Standards Committee (or 
     established subgroups thereof) shall be open to the public.
       ``(4) Publication of meeting notices and materials prior to 
     meetings.--The HIT Standards Committee shall develop and 
     maintain an Internet website on which it publishes, prior to 
     each meeting, a meeting notice, a meeting agenda, and meeting 
     materials.
       ``(5) Opportunity for public comment.--The HIT Standards 
     Committee shall develop a process that allows for public 
     comment during the process by which the Entity develops, 
     harmonizes, or recognizes standards and implementation 
     specifications.
       ``(e) Voluntary Consensus Standard Body.--The provisions of 
     section 12(d) of the National Technology Transfer and 
     Advancement Act of 1995 (15 U.S.C. 272 note) and Office of 
     Management and Budget circular 119 shall apply to the HIT 
     Standards Committee.''.
       On page 290, line 14, strike ``Initial Set of''.
       On page 291, between lines 6 and 7, insert the following:
       ``(3) Subsequent standards activity.--The Secretary shall 
     adopt additional standards, implementation specifications, 
     and certification criteria as necessary and consistent with 
     the schedule published under section 3003(b)(2).''.
       Beginning on page 293, strike line 7 and all that follows 
     through line 2 on page 295, and insert the following:

     SEC. 3008. TRANSITIONS.

       ``(a) ONCHIT.--Nothing in section 3001 shall be construed 
     as requiring the creation of a new entity to the extent that 
     the Office of the National Coordinator for Health Information 
     Technology established pursuant to Executive Order 13335 is 
     consistent with the provisions of section 3001.
       ``(b) National EHealth Collaborative.--Nothing in sections 
     3002 or 3003 or this subsection shall be construed as 
     prohibiting the National eHealth Collaborative from modifying 
     its charter, duties, membership, and any other structure or 
     function required to be consistent with the requirements of a 
     voluntary consensus standards body so as to allow the 
     Secretary to recognize the National eHealth Collaborative as 
     the HIT Standards Committee.
       ``(c) Consistency of Recommendations.--In carrying out 
     section 3003(b)(1)(A), until recommendations are made by the 
     HIT Policy Committee, recommendations of the HIT Standards 
     Committee shall be consistent with the most recent 
     recommendations made by such AHIC Successor, Inc.''.
       On page 294, strike lines 10 through 16.
       305, line 5, strike ``shall coordinate'' and insert ``may 
     review''.
                                 ______
                                 
  SA 294. Mr. GRASSLEY (for himself and Mr. Bingaman) 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 678, line 24, strike ``0.'' and insert ``0. In 
     implementing this subparagraph with respect to charity care, 
     the Secretary shall coordinate with the Secretary of the 
     Treasury and the Medicare Payment Advisory Commission to 
     ensure uniform definitions of charity care and uncompensated 
     care.''
                                 ______
                                 
  SA 295. Mr. GRASSLEY (for himself and Mr. Bingaman) 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.--. STUDY OF TAX-EXEMPT AND NON-TAX-EXEMPT HOSPITALS.

       (a) Study.--The Secretary of the Treasury shall undertake a 
     study of the differences in operation between hospitals that 
     are described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and are exempt from tax under section 501(a) of 
     such Code, and hospitals that are not so exempt. The study 
     conducted under this section shall include, in addition to 
     any other information deemed relevant by the Secretary of the 
     Treasury, a comprehensive review of the amount of 
     uncompensated care, non-patient services and other benefits, 
     and executive compensation provided by each type of hospital.
       (b) Report.--Not later than 15 months after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report containing the results of the study conducted under 
     this section.
                                 ______
                                 
  SA 296. Mr. GRASSLEY 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:

       Beginning on page 720, strike line 18 and all that follows 
     through page 723, line 11, and insert the following:
       (f) State Ineligibility.--
       (1) Maintenance of effort requirements.--No State shall be 
     eligible for an increased FMAP rate under this section for 
     any fiscal year quarter during the recession adjustment 
     period if the Secretary determines, with respect to the State 
     plan under title XIX of the Social Security Act (including 
     any waiver under such title or under section 1115 of such Act 
     (42 U.S.C. 1315)) and any fiscal year quarter during such 
     period, any of the following:
       (A) Eligibility.--Any reduction in eligibility standards, 
     methodologies, or procedures under such State plan or waiver.
       (B) Benefits.--Any reduction in the type, amount, duration, 
     or scope of benefits provided under such State plan or 
     waiver.
       (C) Provider payments.--Any reduction in provider payments 
     under such State plan or waiver, including the aggregate or 
     per service amount paid to any provider and the amount and 
     extent of beneficiary cost-sharing imposed.
       (2) Exception for reduction made for purposes of preventing 
     fraud.--A State shall not be ineligible under paragraph (1) 
     if the Secretary determines, with respect to the State plan 
     under title XIX of the Social Security Act (including any 
     waiver under such title or under section 1115 of such Act (42 
     U.S.C. 1315)) and any fiscal year quarter during such period, 
     that any reductions described in paragraph (1) that are made 
     by the State for any such quarter are for purposes of 
     preventing fraud under the State plan or waiver.
                                 ______
                                 
  SA 297. Mr. GRASSLEY 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 S1588]]


       Beginning on page 714, strike line 1 and all that follows 
     through page 725, line 14, and insert the following:

     SEC. 5001. TEMPORARY INCREASE OF MEDICAID FMAP.

       (a) Permitting Maintenance of Fmap.--Subject to subsections 
     (d), (e), (f), and (g) if the FMAP determined without regard 
     to this section for a State for--
       (1) fiscal year 2009 is less than the FMAP as so determined 
     for fiscal year 2008, the FMAP for the State for fiscal year 
     2008 shall be substituted for the State's FMAP for fiscal 
     year 2009, before the application of this section;
       (2) fiscal year 2010 is less than the FMAP as so determined 
     for fiscal year 2008 or fiscal year 2009 (after the 
     application of paragraph (1)), the greater of such FMAP for 
     the State for fiscal year 2008 or fiscal year 2009 shall be 
     substituted for the State's FMAP for fiscal year 2010, before 
     the application of this section; and
       (3) fiscal year 2011 is less than the FMAP as so determined 
     for fiscal year 2008, fiscal year 2009 (after the application 
     of paragraph (1)), or fiscal year 2010 (after the application 
     of paragraph (2)), the greatest of such FMAP for the State 
     for fiscal year 2008, fiscal year 2009, or fiscal year 2010 
     shall be substituted for the State's FMAP for fiscal year 
     2011, before the application of this section, but only for 
     the first, second, and third calendar quarters in fiscal year 
     2011.
       (b) General 9.5 Percentage Point Increase.--Subject to 
     subsections (d), (e), (f), and (g), for each State for 
     calendar quarters during the recession adjustment period (as 
     defined in subsection (h)(2)), the FMAP (after the 
     application of subsection (a)) shall be increased (without 
     regard to any limitation otherwise specified in section 
     1905(b) of the Social Security Act) by 9.5 percentage points.
       (c) Increase in Cap on Medicaid Payments to Territories.--
     Subject to subsections (e), (f), and (g), with respect to 
     entire fiscal years occurring during the recession adjustment 
     period and with respect to fiscal years only a portion of 
     which occurs during such period (and in proportion to the 
     portion of the fiscal year that occurs during such period), 
     the amounts otherwise determined for Puerto Rico, the Virgin 
     Islands, Guam, the Northern Mariana Islands, and American 
     Samoa under subsections (f) and (g) of section 1108 of the 
     Social Security Act (42 6 U.S.C. 1308) shall each be 
     increased by 9.5 percent.
       (d) Scope of Application.--The increases in the FMAP for a 
     State under this section shall apply for purposes of title 
     XIX of the Social Security Act and shall not apply with 
     respect to--
       (1) disproportionate share hospital payments described in 
     section 1923 of such Act (42 U.S.C. 1396r-4);
       (2) payments under title IV of such Act (42 U.S.C. 601 et 
     seq.) (except that the increases under subsections (a) and 
     (b) shall apply to payments under part E of title IV of such 
     Act (42 U.S.C. 670 et seq.));
       (3) payments under title XXI of such Act (42 U.S.C. 1397aa 
     et seq.);
       (4) any payments under title XIX of such Act that are based 
     on the enhanced FMAP described in section 2105(b) of such Act 
     (42 U.S.C. 1397ee(b)); or
       (5) any payments under title XIX of such Act that are 
     attributable to expenditures for medical assistance provided 
     to individuals made eligible under a State plan under title 
     XIX of the Social Security Act (including under any waiver 
     under such title or under section 1115 of such Act (42 U.S.C. 
     1315)) because of income standards (expressed as a percentage 
     of the poverty line) for eligibility for medical assistance 
     that are higher than the income standards (as so expressed) 
     for such eligibility as in effect on July 1, 2008.
       (e) State Ineligibility.--
       (1) Maintenance of eligibility requirements.--
       (A) In general.--Subject to subparagraphs (B) and (C), a 
     State is not eligible for an increase in its FMAP under 
     subsection (a) or (b), or an increase in a cap amount under 
     subsection (c), if eligibility standards, methodologies, or 
     procedures under its State plan under title XIX of the Social 
     Security Act (including any waiver under such title or under 
     section 1115 of such Act (42 U.S.C. 1315)) are more 
     restrictive than the eligibility standards, methodologies, or 
     procedures, respectively, under such plan (or waiver) as in 
     effect on July 1, 2008.
       (B) State reinstatement of eligibility permitted.--Subject 
     to subparagraph (C), a State that has restricted eligibility 
     standards, methodologies, or procedures under its State plan 
     under title XIX of the Social Security Act (including any 
     waiver under such title or under section 1115 of such Act (42 
     U.S.C. 1315)) after July 1, 2008, is no longer ineligible 
     under subparagraph (A) beginning with the first calendar 
     quarter in which the State has reinstated eligibility 
     standards, methodologies, or procedures that are no more 
     restrictive than the eligibility standards, methodologies, or 
     procedures, respectively, under such plan (or waiver) as in 
     effect on July 1, 2008.
       (C) Special rules.--A State shall not be ineligible under 
     subparagraph (A)--
       (i) for the calendar quarters before July 1, 2009, on the 
     basis of a restriction that was applied after July 1, 2008, 
     and before the date of the enactment of this Act, if the 
     State prior to July 1, 2009, has reinstated eligibility 
     standards, methodologies, or procedures that are no more 
     restrictive than the eligibility standards, methodologies, or 
     procedures, respectively, under such plan (or waiver) as in 
     effect on July 1, 2008; or
       (ii) on the basis of a restriction that was directed to be 
     made under State law as of July 1, 2008, and would have been 
     in effect as of such date, but for a delay in the request 
     for, and approval of, a waiver under section 1115 of such Act 
     with respect to such restriction.
       (2) Compliance with prompt pay requirements.--No State 
     shall be eligible for an increased FMAP rate as provided 
     under this section for any claim submitted by a provider 
     subject to the terms of section 1902(a)(37)(A) of the Social 
     Security Act (42 U.S.C. 1396a(a)(37)(A)) during any period in 
     which that State has failed to pay claims in accordance with 
     section 1902(a)(37)(A) of such Act. Each State shall report 
     to the Secretary, no later than 30 days following the 1st day 
     of the month, its compliance with the requirements of section 
     1902(a)(37)(A) of the Social Security Act as they pertain to 
     claims made for covered services during the preceding month.
       (3) No waiver authority.--The Secretary may not waive the 
     application of this subsection or subsection (f) under 
     section 1115 of the Social Security Act or otherwise.
       (f) Requirements.--
       (1) In general.--A State may not deposit or credit the 
     additional Federal funds paid to the State as a result of 
     this section to any reserve or rainy day fund maintained by 
     the State.
       (2) State reports.--Each State that is paid additional 
     Federal funds as a result of this section shall, not later 
     than September 30, 2011, submit a report to the Secretary, in 
     such form and such manner as the Secretary shall determine, 
     regarding how the additional Federal funds were expended.
       (3) Additional requirement for certain states.--In the case 
     of a State that requires political subdivisions within the 
     State to contribute toward the non-Federal share of 
     expenditures under the State Medicaid plan required under 
     section 1902(a)(2) of the Social Security Act (42 U.S.C. 
     1396a(a)(2)), the State is not eligible for an increase in 
     its FMAP under subsection (b), or an increase in a cap amount 
     under subsection (c), if it requires that such political 
     subdivisions pay for quarters during the recession adjustment 
     period a greater percentage of the non-Federal share of such 
     expenditures, or a greater percentage of the non-Federal 
     share of payments under section 1923, than the respective 
     percentage that would have been required by the State under 
     such plan on September 30, 2008, prior to application of this 
     section.
       (g) State Selection of Recession Adjustment Relief 
     Period.--The increase in a State's FMAP under subsection (a) 
     or (b), or an increase in a State's cap amount under 
     subsection (c), shall only apply to the State for 9 
     consecutive calendar quarters during the recession adjustment 
     period. Each State shall notify the Secretary of the 9-
     calendar quarter period for which the State elects to receive 
     such increase.
       (h) Definitions.--In this section, except as otherwise 
     provided:
       (1) FMAP.--The term ``FMAP'' means the Federal medical 
     assistance percentage, as defined in section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b)), as determined 
     without regard to this section except as otherwise specified.
       (2) Poverty line.--The term ``poverty line'' has the 
     meaning given such term in section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)), including any 
     revision required by such section.
       (3) Recession adjustment period.--The term ``recession 
     adjustment period'' means the period beginning on October 1, 
     2008, and ending on June 20, 2011.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' has the meaning given such 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).
       (i) Sunset.--This section shall not apply to items and 
     services furnished after the end of the recession adjustment 
     period.
                                 ______
                                 
  SA 298. Mr. GRASSLEY 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 723, between lines 7 and 8, insert the following:
       (3) Quarterly certification of no new taxes.--
       (A) In general.--For each fiscal year quarter during the 
     recession adjustment period, a State eligible for an 
     increased FMAP under this section shall certify to the 
     Secretary, as a condition of receiving the additional Federal 
     funds resulting from the application of this section to the 
     State for the quarter, that the State will not take any 
     action to raise State income, property, or sales taxes during 
     the quarter. Any State that fails to make such a 
     certification shall not be eligible for such additional 
     Federal funds and any State that makes such a certification 
     and is determined by the Secretary to have taken an action 
     that results in an increase in the State income, property, or 
     sales taxes during

[[Page S1589]]

     the quarter shall pay the Secretary an amount equal to the 
     additional Federal funds paid to the State under this section 
     during the period of noncompliance and shall cease to be 
     eligible for an increased FMAP under this section for the 
     remainder of the recession adjustment period.
       (B) Nonapplication to state action taken prior to date of 
     enactment.--In the case of a State that enacted a law or took 
     other action before the date of enactment of this Act that 
     will result in an increase in State income, property, or 
     sales taxes during any quarter of the recession adjustment 
     period, the State shall not be ineligible for an increased 
     FMAP under this section for any such quarter if the State 
     certifies that it will not enact any new such law or take any 
     new such action after the date of enactment of this Act and 
     for the remainder of the recession adjustment period and the 
     State submits the quarterly certifications required under 
     subparagraph (A).
                                 ______
                                 
  SA 299. Mr. REID (for himself and 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:

       Beginning on page 540, line 1, strike all through page 541, 
     line 11, and insert the following:

     SEC. 1503. TEMPORARY MODIFICATION OF ALTERNATIVE MINIMUM TAX 
                   LIMITATIONS ON TAX-EXEMPT BONDS.

       (a) Interest on Private Activity Bonds Issued During 2009 
     and 2010 Not Treated as Tax Preference Item.--Subparagraph 
     (C) of section 57(a)(5) is amended by adding at the end a new 
     clause:
       ``(vi) Exception for bonds issued in 2009 and 2010.--For 
     purposes of clause (i), the term `private activity bond' 
     shall not include--

       ``(I) any bond issued after December 31, 2008, and before 
     January 1, 2011, or
       ``(II) any interim financing refunding bond issued after 
     December 31, 2008, and before January 1, 2011.

     For purposes of clause (I), a refunding bond (whether a 
     current or advance refunding), other than an interim 
     financing refunding bond, shall be treated as issued on the 
     date of the issuance of the refunded bond (or in the case of 
     a series of refundings, the original bond). For purposes of 
     this clause, the term `interim financing refunding bond' 
     means any refunding bond which is issued to refund another 
     bond which had a maturity date that was less than 5 years 
     after the date such other bond was issued.''.
       (b) No Adjustment to Adjusted Current Earnings for Interest 
     on Tax-Exempt Bonds Issued During 2009 and 2010.--
     Subparagraph (B) of section 56(g)(4) is amended by adding at 
     the end the following new clause:
       ``(iv) Tax exempt interest on bonds issued in 2009 and 
     2010.--Clause (i) shall not apply in the case of any interest 
     on--

       ``(I) a bond issued after December 31, 2008, and before 
     January 1, 2011, or
       ``(II) an interim financing refunding bond issued after 
     December 31, 2008, and before January 1, 2011.

     For purposes of clause (I), a refunding bond (whether a 
     current or advance refunding), other than an interim 
     financing refunding bond, shall be treated as issued on the 
     date of the issuance of the refunded bond (or in the case of 
     a series of refundings, the original bond). For purposes of 
     this clause, the term `interim financing refunding bond' 
     means any refunding bond which is issued to refund another 
     bond which had a maturity date that was less than 5 years 
     after the date such other bond was issued.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2008.
                                 ______
                                 
  SA 300. Mr. DORGAN (for himself, Mr. Baucus, Mr. Brown, Mr. Inouye, 
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; as follows:

       On page 430, strike lines 7 through 12 and insert the 
     following:
       (d) This section shall be applied in a manner consistent 
     with United States obligations under international 
     agreements.
                                 ______
                                 
  SA 301. 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 39, line 15, after ``transition'' insert the 
     following: ``, including the potential need for indoor or 
     outdoor, or both, antenna to facilitate the reception and 
     display of signals of channels broadcast in digital 
     television service and the potential for the loss of channels 
     due to the transition to digital television service''.
                                 ______
                                 
  SA 302. 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 39, line 8, strike ``2005,'' and all that follows 
     through ``Provided, That'' on line 9, and insert the 
     following: ``2005, as well as to assist consumers with the 
     purchase or installation, or both, of an indoor or outdoor 
     antenna to facilitate the reception and display of signals of 
     channels broadcast in digital television service, to remain 
     available until September 30, 2010: Provided, That the 
     Assistant Secretary for Communications and Information of the 
     Department of Commerce may only use amounts provided under 
     this heading to assist consumers with the purchase or 
     installation, or both, of an indoor or outdoor antenna, if 
     upon the determination of the Assistant Secretary, in 
     consultation with the Federal Communications Commission and 
     the Secretary of Commerce, such funds are no longer necessary 
     to provide additional coupons under section 3005 of the 
     Digital Television Transition and Public Safety Act of 2005: 
     Provided further, That''.
                                 ______
                                 
  SA 303. Mrs. LINCOLN (for herself and Mr. Kerry) 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. ___. MODIFICATIONS TO REHABILITATION CREDIT.

       (a) Recapture Exemption for Foreclosure Transactions With 
     Respect to Investment Credit Property Placed in Service 
     Within 24 Months of Enactment.--Subsection (a) of section 50 
     is amended by adding at the end the following new paragraph:
       ``(6) Temporary special rule for certain foreclosure 
     transactions.--Paragraphs (1) and (2) shall not apply to any 
     transfer or deemed sale of any investment credit property 
     that arises from a foreclosure or instrument in lieu of 
     foreclosure or any similar transaction if--
       ``(A) such property is placed in service during the 24-
     month period beginning on the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009, and
       ``(B) the transferee in such transfer or deemed sale is not 
     a related person (within the meaning of section 267(b)) of 
     the taxpayer.''.
       (b) Use for Lodging Not to Disqualify Certain Buildings for 
     Rehabilitation Credit.--Paragraph (2) of section 50(b) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (C),
       (2) by redesignating subparagraph (D) as subparagraph (E), 
     and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) a building other than a certified historic structure 
     which is--
       ``(i) located within a qualified census tract (within the 
     meaning of section 42(d)(5)(B)(ii)) or a difficult 
     development area (within the meaning of section 
     42(d)(5)(B)(iii)); and
       ``(ii) placed in service during the 24-month period 
     beginning on the date of the enactment of the American 
     Recovery and Reinvestment Tax Act of 2009; and''.
       (c) Date by Which Buildings Must Be First Placed in 
     Service.--Paragraph (1) of section 47(c) is amended by adding 
     at the end the following new subparagraph:
       ``(E) Special rule for certain buildings placed in service 
     in 2009 and 2010.--In the case of a building other than a 
     certified historic structure which is--
       ``(i) located within a qualified census tract (within the 
     meaning of section 42(d)(5)(B)(ii)) or a difficult 
     development area (within the meaning of section 
     42(d)(5)(B)(iii)), and
       ``(ii) placed in service during the 24-month period 
     beginning on the date of the enactment of the American 
     Recovery and Reinvestment Tax Act of 2009,

[[Page S1590]]

     subparagraph (B) shall be applied by substituting `not less 
     than 50 years before the year in which qualified 
     rehabilitation expenditures are first taken into account 
     under subsection (b)(1)' for `before 1936'.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 304. Mr. WYDEN (for himself, Mr. Reed, and Mr. Merkley) 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 590, between lines 8 and 9, insert the following:

     SEC. 2105. EXTENSION OF TEMPORARY FEDERAL MATCHING FOR THE 
                   FIRST WEEK OF EXTENDED BENEFITS FOR STATES WITH 
                   NO WAITING WEEK.

       (a) In General.--Section 5 of the Unemployment Compensation 
     Extension Act of 2008 (Public Law 110-449) is amended by 
     striking ``December 8, 2009'' and inserting ``September 30, 
     2010''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Unemployment Compensation Extension Act of 2008 (Public Law 
     110-449).
                                 ______
                                 
  SA 305. Mr. COBURN (for himself, Mr. Burr, Mr. DeMint, Mr. Chambliss, 
and Mr. Kyl) 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 431, after line 8, insert the following:

     SEC. ___. SENATE COMMITTEE OVERSIGHT OF WASTE, FRAUD, AND 
                   ABUSE.

       Rule XXVI of the Standing Rules of the Senate is amended by 
     adding at the end the following:
       ``14. (a)(1) Each standing committee, or a subcommittee 
     thereof, shall hold at least one hearing during each 120-day 
     period following the beginning of a Congress on the topic of 
     waste, fraud, abuse, or mismanagement in Government programs 
     which that committee may authorize.
       ``(2) A hearing described in clause (1) shall include a 
     focus on the most egregious instances of waste, fraud, abuse, 
     or mismanagement as documented by any report the committee 
     has received from a Federal Office of the Inspector General 
     or the Comptroller General of the United States.
       ``(b) Each committee, or a subcommittee thereof, shall hold 
     at least one hearing in any session in which the committee 
     has received disclaimers of agency financial statements from 
     auditors of any Federal agency that the committee may 
     authorize to hear testimony on such disclaimers from 
     representatives of any such agency.
       ``(c) Each standing committee, or a subcommittee thereof, 
     shall hold at least one hearing on issues raised by reports 
     issued by the Comptroller General of the United States 
     indicating that Federal programs or operations that the 
     committee may authorize are at high risk for waste, fraud, 
     and mismanagement, known as the `high-risk list' or the 
     `high-risk series'.''.
                                 ______
                                 
  SA 306. Mr. SANDERS (for himself and Mr. Grassley) 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. __. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP 
                   FUNDING.

       (a) Short Title.--This section may be cited as the ``Employ 
     American Workers Act''.
       (b) Prohibition.--
       (1) In general.--Notwithstanding any other provision of 
     law, it shall be unlawful for any recipient of funding under 
     title I of the Emergency Economic Stabilization Act of 2008 
     (Public Law 110-343) or section 13 of the Federal Reserve Act 
     (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in 
     section 101(a)(15)(h)(i)(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)).
       (2) Defined term.--In this subsection, the term ``hire'' 
     means to permit a new employee to commence a period of 
     employment.
       (c) Sunset Provision.--This section shall be effective 
     during the 1-year period beginning on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 307. Mr. BURR 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:


 fix america first: prohibition on funding of foreign governments and 
                                persons

       Sec. 1607.  Notwithstanding any other provision of this 
     Act, none of the amounts authorized or appropriated by this 
     Act may be made available to foreign governments or citizens 
     or nationals of a foreign country residing outside the United 
     States or its territories.
                                 ______
                                 
  SA 308. Mr. BOND (for himself 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; which was ordered to 
lie on the table; as follows:

       On page 36, between lines 3 and 4, insert the following:

     SEC. __. NUTRITION ENHANCEMENT FOR SUPPLEMENTAL NUTRITION 
                   ASSISTANCE PROGRAM.

       Not later than 18 months after the date of enactment of 
     this Act, of the funds made available by this Act for the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 
     the Secretary of Agriculture shall use not more than 
     $5,000,000 to develop, after notice and opportunity for 
     public comment, guidelines to ensure, to the maximum extent 
     practicable, that Federal expenditures under the program are 
     used to purchase food that is nutritious consistent with the 
     most recent Dietary Guidelines for Americans published under 
     section 301 of the National Nutrition Monitoring and Related 
     Research Act of 1990 (7 U.S.C. 5341), by establishing an 
     approved list of Universal Product Codes for products that 
     can be purchased under the program.
                                 ______
                                 
  SA 309. 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, art center, 
     and highway beautification project.
                                 ______
                                 
  SA 310. 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:

       On page 37, strike lines 1 through 5.
       On page 59, between lines 9 and 10, insert the following:

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, 
     $2,000,000,000, to remain available for obligation until 
     September 30, 2010: Provided, That the Chiefs of the Reserve 
     and National Guard components shall, not later than 30 days 
     after the date of the enactment of this Act, individually 
     submit to the Committee on Armed Services and the Committee 
     on Appropriations of the Senate and the Committee on Armed 
     Services and the Committee on Appropriations of the House of 
     Representatives the modernization priority assessment for 
     their respective Reserve and National Guard components.

[[Page S1591]]

       On page 93, line 7, strike ``$9,048,000,000'' and insert 
     ``$8,648,000,000''.
       On page 93, line 12, strike ``$6,000,000,000'' and insert 
     ``$5,600,000,000''.
       On page 95, strike lines 1 through 8.
                                 ______
                                 
  SA 311. Ms. SNOWE (for herself and Ms. Landrieu) 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 96, on lines 10 and 11, strike ``funds provided 
     under the heading `Small Business Administration' in this 
     Act.'' and insert the following: ``the $84,000,000 amount 
     appropriated under this heading, and for an additional 
     amount, to remain available until expended, $19,500,000, of 
     which $12,000,000 is for the Administrator of the Small 
     Business Administration to make grants under the Small 
     Business Development Center program established by section 21 
     of the Small Business Act (15 U.S.C. 648), $3,000,000 is for 
     the Administrator of the Small Business Administration to 
     make grants under the Women's Business Center program 
     established by section 29 of the Small Business Act (15 
     U.S.C. 656), $2,000,000 is for the Administrator of the Small 
     Business Administration to make grants under the Service 
     Corps of Retired Executives program established by section 
     8(b)(1)(B) of the Small Business Act, $1,000,000 is for 
     PRIME, the program for investment in microentreprenuers, 
     $1,000,000 is for technical and management assistance under 
     section 7(j) of the Small Business Act (15 U.S.C. 636), and 
     $500,000 is for Veteran Business Outreach Centers under 
     section 32 of the Small Business Act (15 U.S.C. 657b): 
     Provided, That the $19,500,000 amount appropriated under this 
     heading 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: Provided 
     further, That, notwithstanding section 21(a)(4) or section 
     29(c) of the Small Business Act (15 U.S.C. 648(a)(4) and 
     656(c)), no non-Federal contribution shall be required as a 
     condition of participation in the Small Business Development 
     Center program or the Women's Business Center program using 
     funds provided under this heading: Provided further, That the 
     $19,500,000 amount appropriated under this heading shall be 
     used only for programs of the Small Business Administration 
     in existence on the date of enactment of this Act: Provided 
     further, That, to the extent practicable, not later than 30 
     days after the Administrator receives the $19,500,000 amount 
     appropriated under this heading, the Administrator shall 
     expend all such funds, and if such funds are not expended 
     within 30 days, the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report on the proposed use of such 
     funds.''.
                                 ______
                                 
  SA 312. Mr. UDALL of Colorado (for himself, Mr. Bennet of Colorado, 
and Mr. Merkley) 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 shall be 
     distributed to areas demonstrating highest priority needs, as 
     determined by the Chief of the Forest Service''.
                                 ______
                                 
  SA 313. Mr. LEAHY (for himself, 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:

       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 for Community 
     Oriented Policing Services authorized under part Q of such 
     Act of 1968.
                                 ______
                                 
  SA 314. Ms. LANDRIEU 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 22, line 2, strike ``70'' and insert ``55''.
       On page 24, line 20, strike ``may'' and insert ``shall''.
       On page 27, line 3, strike ``70'' and insert ``55''.
       On page 29, line 22, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 315. Mr. LEAHY (for himself Mr. Carper, Mr. Sanders, Mrs. Lincoln, 
and Mr. Nelson of Nebraska) 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 250, line 11, strike ``2011: Provided, That'' and 
     insert the following: ``2011: Provided, That each State shall 
     receive not less than 0.5 percent of funds made available 
     under this heading: Provided further, That notwithstanding 
     the previous proviso''.
                                 ______
                                 
  SA 316. Mr. LEAHY (for himself, Mr. Kerry, and 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 394, line 17, strike ``education and'' and insert 
     ``education, adult education and literacy, and''.
                                 ______
                                 
  SA 317. Mr. KERRY 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:

       Beginning on page 437, between lines 10 and 11, insert the 
     following:
       ``(3) Special rule for certain eligible individuals.--In 
     the case of any taxable year beginning in 2009, if an 
     eligible individual receives any amount as a pension or 
     annuity for service performed in the employ of the United 
     States or any State, or any instrumentality thereof, which is 
     not considered employment for purposes of chapter 21, the 
     amount of the credit allowed under subsection (a) (determined 
     without regard to subsection (c)) with respect to such 
     eligible individual shall be equal to the greater of--
       ``(A) the amount of the credit determined without regard to 
     this paragraph or subsection (c), or
       ``(B) $300 ($600 in the case of a joint return where both 
     spouses are eligible individuals described in this 
     paragraph).

     If the amount of the credit is determined under subparagraph 
     (B) with respect to any eligible individual, the modified 
     adjusted gross income limitation under subsection (b) shall 
     not apply to such credit.
                                 ______
                                 
  SA 318. Mr. MENENDEZ 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 453, beginning on line 12, strike through line 16 
     and insert the following:
       (c) Credit Allowed for Energy Storage.--

[[Page S1592]]

       (1) In general.--Subparagraph (B) of section 45(a)(1) is 
     amended by inserting ``, or delivered by the taxpayer to an 
     unrelated person from a qualified renewable energy bulk 
     storage facility,'' before ``during the taxable year''.
       (2) Storage facility.--Subsection (e) of section 45 is 
     amended by adding at the end the following new paragraph:
       ``(12) Qualified renewable energy bulk storage facility.--
     For purposes of subsection (a), the term `qualified renewable 
     energy bulk storage facility' means a facility owned by the 
     taxpayer which is designed to store energy produced from 
     qualified energy resources and to convert such energy to 
     electricity and deliver such electricity for sale.''.
       (d) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
       (2) Energy storage.--The amendment made by subsection (c) 
     shall apply to electricity produced and stored after the date 
     of the enactment of this Act.
       (3) Technical amendment.--The amendment * * *
                                 ______
                                 
  SA 319. Mr. MENENDEZ 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. WORKER EMPLOYMENT PLAN.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Labor shall implement a plan to 
     encourage employers that carry out projects funded under this 
     Act (or an amendment made by this Act) to employ individuals 
     from low-income and high unemployment areas to carry out 
     activities under such projects.
                                 ______
                                 
  SA 320. Mr. MENENDEZ 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, add the following:

     SEC. ___. QUALIFIED ENERGY EFFICIENCY PROPERTY TREATED AS 
                   ENERGY PROPERTY.

       (a) In General.--Subparagraph (A) of section 48(a)(3) is 
     amended by striking ``or'' at the end of clause (vi), by 
     inserting ``or'' at the end of clause (vii), and by inserting 
     after clause (vii) the following new clause:
       ``(viii) qualified energy efficiency property,''.
       (b) Qualified Energy Efficiency Property.--Section 48(c) is 
     amended by adding at the end the following new paragraph:
       ``(5) Qualified energy efficiency property.--
       ``(A) In general.--The term `qualified energy efficiency 
     property' means any property which--
       ``(i) is residential rental property or nonresidential real 
     property,
       ``(ii) is a qualified building, and
       ``(iii) achieves a minimum energy savings of 50 percent or 
     more in comparison to a reference building which meets the 
     minimum requirements of Standard 90.1-2001 (as defined by 
     section 179D(c)(2)), determined under rules similar to the 
     rules of section 179D(d)(2).
       ``(B) Qualified building.--The term `qualified building' 
     means any building--
       ``(i) which is more than 250,000 square feet,
       ``(ii) which is located not more than one-half mile from a 
     location in which there is direct access to public bus, rail, 
     light rail, street car, or ferry system,
       ``(iii) which meets the requirements of subchapter IV of 
     chapter 31 of title 40, United States Code, and
       ``(iv) for which the site work and construction is 
     commenced not later than 120 days after the date of the 
     enactment of this paragraph.
       ``(C) Special rule for residential rental property.--In the 
     case of a qualified building in which the majority of the 
     building is devoted to residential use--
       ``(i) subparagraph (A)(iii) shall be applied by 
     substituting `25percent' for `50 percent', and
       ``(ii) any mechanical systems which meet the requirements 
     of Standard 90.1-2001 may be used in lieu of appendix G to 
     such Standard in modeling energy use of a reference 
     building.''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
                                 ______
                                 
  SA 321. Mr. MENENDEZ 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) Inclusion of Satellite Property at 6-Year Extension.--
     Clause (iv) of section 168(k)(2)(A) is amended by inserting 
     ``, or, in the case of property described in subparagraph (H) 
     or (L) of subsection (g)(4), before January 1, 2015'' before 
     the period.
       (e) Effective Dates.--
                                 ______
                                 
  SA 322. Mr. MENENDEZ (for himself and Mr. Begich) 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 54, between lines 14 and 15, insert the following:
       (D) shall, when making grants under the program, consider 
     whether the entity seeking such grant is a socially and 
     economically disadvantaged small business concern as defined 
     under section 8(a) of the Small Business Act (15 U.S.C. 637);
       On page 54, line 15, strike ``(D)'' and insert ``(E)''.
       On page 54, line 23, strike ``(E)'' and insert ``(F)''.
                                 ______
                                 
  SA 323. Mr. MENENDEZ 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. MINORITY OWNED ENTERPRISES.

       (a) In General.--In awarding contracts or subcontracts for 
     construction projects funded using amounts made available 
     under this Act (or an amendment made by this Act), additional 
     consideration shall be given to entities that voluntarily 
     include in their bids for such contracts or subcontracts 
     minority business enterprise participation that exceeds the 
     minimum participation required under the Federal guidelines 
     utilized for purposes of section 8(a) of the Small Business 
     Act (15 U.S.C. 637(a)).
       (b) Monitoring by DOL.--The Secretary of Labor shall 
     monitor the construction projects carried out with amounts 
     made available under this Act (or an amendment made by this 
     Act) to ensure that the contracting practices with respect to 
     such projects are carried out without entry barriers, and 
     that minority business enterprise and disadvantaged business 
     enterprise participation targets are achieved with integrity 
     and accountability.
                                 ______
                                 
  SA 324. Mr. KOHL (for himself, Ms. Stabenow, 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 168, strike lines 4 through 7, and insert the 
     following:
       (5) State higher education agency.--The term ``State higher 
     education agency''--
       (A) has the meaning given such term in section 103 of the 
     Higher Education Act of 1965 (20 U.S.C. 1003), except that if 
     the application of this subparagraph to a State would result 
     in the State legislature being designated the State higher 
     education agency, then the term shall mean the Governor of 
     the State; or
       (B) means a State entity designated by a State higher 
     education agency (as defined in such section 103) to carry 
     out the State higher education agency's functions under this 
     section.

[[Page S1593]]

                                 ______
                                 
  SA 325. Mr. GRAHAM 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. ___. RESTORATION OF DEDUCTION FOR TRAVEL EXPENSES OF 
                   SPOUSE, ETC. ACCOMPANYING TAXPAYER ON BUSINESS 
                   TRAVEL.

       (a) In General.--Subsection (m) of section 274 is amended 
     by striking paragraph (3).
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 326. Mr. BARRASSO (for himself, Mr. Crapo, Mr. Roberts, Mr. 
Vitter, Mr. Enzi, Mr. Risch, and Mr. Bennett) 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. 16__. (a)(1) Notwithstanding any other provision of 
     law, all reviews carried out pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to any actions taken under this Act or for which 
     funds are made available under this Act shall be completed by 
     the date that is 270 days after the date of enactment of this 
     Act.
       (2) If a review described in paragraph (1) has not been 
     completed for an action subject to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the date 
     specified in paragraph (1)--
       (A) the action shall be considered to have no significant 
     impact to the human environment for the purpose of that Act; 
     and
       (B) that classification shall be considered to be a final 
     agency action.
       (b) The lead agency for a review of an action carried out 
     pursuant to this section shall be the Federal agency to which 
     funds are made available for the action.
       (c)(1) There shall be a single administrative appeal for 
     all reviews carried out pursuant to this section.
       (2) Upon resolution of the administrative appeal, judicial 
     review of the final agency decision after exhaustion of 
     administrative remedies shall lie with the United States 
     Court of Appeals for the District of Columbia Circuit.
       (3) An appeal to the court described in paragraph (2) shall 
     be based only on the administrative record.
       (4) After an agency has made a final decision with respect 
     to a review carried out under this section, that decision 
     shall be effective during the course of any subsequent appeal 
     to a court described in paragraph (2).
       (5) All civil actions arising under this section shall be 
     considered to arise under the laws of the United States.
                                 ______
                                 
  SA 327. 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:

       On page 380, strike line 22 and insert the following: 
     ``State, provided that an attorney general of a State may not 
     enter into a contingency fee agreement for legal or expert 
     witness services relating to a civil action under this 
     section. For purposes of this paragraph, the term 
     'contingency fee agreement' means a contract or other 
     agreement to provide services under which the amount or the 
     payment of the fee for the services is contingent in whole or 
     in part on the outcome of the matter for which the services 
     were obtained.''.
                                 ______
                                 
  SA 328. Mr. VITTER (for himself 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; which was 
ordered to lie on the table; as follows:

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

     SEC. ______. PUBLIC, PRIVATE, AND AGRICULTURAL PROJECTS AND 
                   ACTIVITIES.

       (a) Exemption From Review.--During the 3-year period 
     beginning on the date of enactment of this Act, no public or 
     private development project that is to be carried out during 
     that period (other than such a project for which a permit is 
     required under section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344) or that is to be carried out on 
     wetland (as that term is defined in section 1201 of the Food 
     Security Act of 1985 (16 U.S.C. 3801)) shall be subject to 
     any requirement for a review, statement, or analysis under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       (b) Emergencies.--Section 10 of the Endangered Species Act 
     of 1973 (16 U.S.C. 1539) is amended by adding at the end the 
     following:
       ``(k) Emergencies.--On the declaration of an emergency by 
     the Governor of a State, the Secretary shall, for the 
     duration of the emergency, temporarily exempt from the 
     prohibition against taking, and the prohibition against the 
     adverse modification of critical habitat, under this Act any 
     action that is reasonably necessary to avoid or ameliorate 
     the impact of the emergency, including the operation of any 
     water supply or flood control project by a Federal agency.''.
       (c) Jurisdiction Over Covered Energy Projects.--
       (1) Definition of covered energy project.--In this 
     subsection, the term ``covered energy project'' means any 
     action or decision by a Federal official regarding--
       (A) the leasing of Federal land (including submerged land) 
     for the exploration, development, production, processing, or 
     transmission of oil, natural gas, or any other source or form 
     of energy, including actions and decisions regarding the 
     selection or offering of Federal land for such leasing; or
       (B) any action under such a lease.
       (2) Exclusive jurisdiction over causes and claims relating 
     to covered energy projects.--Notwithstanding any other 
     provision of law, the United States District Court for the 
     District of Columbia shall have exclusive jurisdiction to 
     hear all causes and claims under this subsection or any other 
     Act that arise from any covered energy project.
       (3) Time for filing complaint.--
       (A) In general.--Each case or claim described in paragraph 
     (2) shall be filed not later than the end of the 60-day 
     period beginning on the date of the action or decision by a 
     Federal official that constitutes the covered energy project 
     concerned.
       (B) Prohibition.--Any cause or claim described in paragraph 
     (2) that is not filed within the time period described in 
     subparagraph (A) shall be barred.
       (4) District court for the district of columbia deadline.--
       (A) In general.--Each proceeding that is subject to 
     paragraph (2)--
       (i) shall be resolved as expeditiously as practicable and 
     in any event not more than 180 days after the cause or claim 
     is filed; and
       (ii) shall take precedence over all other pending matters 
     before the district court.
       (B) Failure to comply with deadline.--If an interlocutory 
     or final judgment, decree, or order has not been issued by 
     the district court by the deadline required under this 
     subsection, the cause or claim shall be dismissed with 
     prejudice and all rights relating to the cause or claim shall 
     be terminated.
       (5) Ability to seek appellate review.--An interlocutory or 
     final judgment, decree, or order of the district court under 
     this subsection may be reviewed by no other court except the 
     Supreme Court.
       (6) Deadline for appeal to the supreme court.--If a writ of 
     certiorari has been granted by the Supreme Court pursuant to 
     paragraph (5)--
       (A) the interlocutory or final judgment, decree, or order 
     of the district court shall be resolved as expeditiously as 
     practicable and in any event not more than 180 days after the 
     interlocutory or final judgment, decree, order of the 
     district court is issued; and
       (B) all such proceedings shall take precedence over all 
     other matters then before the Supreme Court.
                                 ______
                                 
  SA 329. Mr. REED (for himself, Mr. Brown, Mr. Leahy, Mr. Kerry, Mr. 
Whitehouse, Mr. Menendez, Mr. Merkley, Mr. Rockefeller, Mr. Sanders, 
Ms. Stabenow, Mr. Wyden, Mr. Kennedy, 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 ``$20,598,000,000, for 
     necessary expenses, to remain available until September 30, 
     2010: Provided, That $6,200,000,000 shall be available to 
     carry out the Weatherization Assistance Program for Low-
     Income Persons established under part

[[Page S1594]]

     A of title IV of the Energy Conservation and Production Act 
     (42 U.S.C. 6861 et seq.): Provided further, That 
     $3,400,000,000 shall be for the State Energy Program 
     authorized under part D of title III of the Energy Policy and 
     Conservation Act (42 U.S.C. 6321 et seq.): Provided 
     further,''.
       On page 133, between lines 18 and 19, insert the following:

                   low-income home energy assistance

       For an additional amount for making payments under section 
     2604(e) of the Low-Income Home Energy Assistance Act of 1981 
     (42 U.S.C. 8623(e)), $1,000,000,000, which shall become 
     available on the date of enactment of this Act, and shall be 
     distributed to States not later than September 30, 2009.
                                 ______
                                 
  SA 330. Ms. LANDRIEU 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:

       Beginning on page 194, line 22, strike ``$637,875,000'' and 
     all that follows through ``equipment): Provided'' on page 
     195, line 2, and insert: ``$757,875,000, to remain available 
     until September 30, 2013, of which $84,100,000 shall be for 
     child development centers; $481,000,000 shall be for warrior 
     transition complexes; $42,400,000 shall be for health and 
     dental clinics (including acquisition, construction, 
     installation, and equipment); and $120,000,000 shall be for 
     the Secretary of the Army to carry out at least three pilot 
     projects to use the private sector for the acquisition or 
     construction of military unaccompanied housing for all ranks 
     and locations in the United States: Provided, That the amount 
     made available under this heading for a pilot program to use 
     the private sector for the acquisition or construction of 
     military unaccompanied housing 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: Provided further''.
                                 ______
                                 
  SA 331. 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:

       At the end of division A, add the following:

                    TITLE XVII--IMMIGRATION MATTERS

     SEC. 1701. EXTENSION OF EB-5 REGIONAL CENTER PILOT PROGRAM.

       Section 610(b) of the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 1993 (Public Law 102-395; 8 U.S.C. 1153 note) is amended 
     by striking ``annually for 15 years'' and inserting ``for 
     each fiscal year through fiscal year 2016''.

     SEC. 1702. DEFINITIONS.

       In this title:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Social Security.
       (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 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.

     SEC. 1703. EXTENSION OF PILOT PROGRAMS.

       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 ``at 
     the end of the 11-year period beginning on the first day the 
     pilot program is in effect.'' and inserting ``on September 
     30, 2016.''.

     SEC. 1704. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS RELATED TO THE EMPLOYMENT ELIGIBILITY 
                   CONFIRMATION SYSTEM.

       (a) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Appropriations, the Committee on 
     Finance, and the Committee on the Judiciary of the Senate; 
     and
       (2) the Committee on Appropriations, the Committee on the 
     Judiciary, and the Committee on Ways and Means of the House 
     of Representatives.
       (b) Requirement for 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, 
     unless the delayed enactment of an annual appropriation Act 
     prevents funds from being available to make such a quarterly 
     payment; 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; and
       (ii) any increase or decrease in the estimated number of 
     individuals who will require services from the Commissioner 
     under the pilot program during such fiscal year.
       (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.

     SEC. 1705. STUDY AND REPORT OF ERRONEOUS RESPONSES SENT UNDER 
                   THE PILOT PROGRAM FOR EMPLOYMENT ELIGIBILITY 
                   CONFIRMATION.

       (a) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Finance and the Committee on the 
     Judiciary of the Senate; and
       (2) the Committee on the Judiciary and the Committee on 
     Ways and Means of the House of Representatives.
       (b) Study.--As soon as practicable after the date of the 
     enactment of this Act, the Comptroller General shall conduct 
     a study of the erroneous tentative nonconfirmations sent to 
     individuals seeking confirmation of employment eligibility 
     under the pilot program.
       (c) Matters To Be Studied.--The study required by 
     subsection (b) shall include an analysis of--
       (1) the causes of erroneous tentative nonconfirmations sent 
     to individuals under the pilot program;
       (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.
       (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 
     results of the study required by subsection (b).

     SEC. 1706. STUDY AND REPORT OF THE EFFECTS OF THE PILOT 
                   PROGRAM FOR EMPLOYMENT ELIGIBILITY CONFIRMATION 
                   ON SMALL ENTITIES.

       (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) 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.

[[Page S1595]]

       (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 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 332. 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 37, line 23, after ``expended:'' insert the 
     following: ``Provided further, that not less than 
     $100,000,000 of the funds made available under this heading 
     shall be available to cover the cost of loan guarantees 
     pursuant to section 201(4) of this Act: Provided further, 
     That the principal amount of loan guarantees made pursuant to 
     such section 201(4) shall not exceed $2,000,000,000:''.

       On page 50, after line 25, insert the following:
       (4) The Assistant Secretary--
       (A) shall establish and administer a broadband 
     telecommunications loan guarantee program as expeditiously as 
     practicable;
       (B) shall provide broadband telecommunications loan 
     guarantees for any project which meets the following 
     criteria:
       (i) The total amount financed by the loan guarantee does 
     not exceed $100,000,000.
       (ii) The loan guarantee does not exceed 80 percent of the 
     principal losses of the project, provided that the maximum 
     amount of any loan guarantee does not exceed 60 percent of 
     the total amount financed for the project.
       (iii) The project raises its financing not later than 120 
     days after the date that the project receives approval for 
     the loan guarantee from the Assistant Secretary.
       (iv) The project design provides broadband connectivity to 
     every business location and every residence within the 
     project territory not later than the date that 2 years after 
     the date that the project received its financing.
       (v) The service territory covered by the project--

       (I) is, in the discretion of the Assistant Secretary, 
     reasonably coherent; and
       (II) does not include unoccupied areas for the sole purpose 
     of artificially adjusting the average density of the covered 
     connectivity area of the project;

       (C) shall, not later than 90 days after the date of 
     enactment of this Act, and quarterly thereafter until all 
     funds reserved for broadband telecommunications loan 
     guarantees under this paragraph are obligated, submit a 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Energy and 
     Commerce of the House, and the Committee on Commerce, Science 
     and Transportation of the Senate, on the planned spending and 
     actual obligations of such reserved funds; and
       (D) may use not more than 3 percent of the funds reserved 
     for broadband telecommunications loan guarantees under this 
     paragraph for administrative costs to carry out the broadband 
     telecommunications loan guarantee program established under 
     this paragraph.

       On page 51, line 1, strike ``(4)'' and insert ``(5)''.
       On page 52, line 8, strike ``(5)'' and insert ``(6)''.
       On page 52, line 18, strike ``(5)'' and insert ``(6)''.
       On page 53, line 1, strike ``(6)'' and insert ``(7)''.
       On page 53, line 23, strike ``(7)'' and insert ``(8)''.
       On page 55, line 9, strike ``(8)'' and insert ``(9)''.
       On page 55, line 16, strike ``(9)'' and insert ``(10)''.
       On page 56, line 12, strike ``(10)'' and insert ``(11)''.
                                 ______
                                 
  SA 333. Mr. COCHRAN (for himself, and Mr. Wicker) 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 90, between lines 14 and 15, insert the following:

     SEC. 4__. TENNESSEE VALLEY AUTHORITY BORROWING AUTHORITY.

       (a) Borrowing Authority.--For the purposes of providing 
     funds to assist in financing the construction, acquisition, 
     and replacement of the transmission system of the Tennessee 
     Valley Authority, an additional $3,250,000,000 in borrowing 
     authority is made available under section 15d of the 
     Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-4), to 
     remain outstanding at any time.
       (b) Offset.--The aggregate amount appropriated or otherwise 
     made available to carry out title XXX of the Public Health 
     Service Act (as added by section 13101) is reduced by 
     $3,250,000,000.
                                 ______
                                 
  SA 334. Mr. SCHUMER (for himself, Mr. Roberts, Mr. Rockefeller, Mr. 
Specter, Mr. Harkin, Mr. Wyden, Ms. Stabenow, and Mr. Nelson of 
Florida) 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 698, after line 25, insert the following:

     SEC. 4204A. DELAY IN THE PHASE OUT OF THE MEDICARE HOSPICE 
                   BUDGET NEUTRALITY ADJUSTMENT FACTOR DURING 
                   FISCAL YEAR 2009.

       Notwithstanding any other provision of law, including the 
     final rule published on August 8, 2008, 73 Federal Register 
     46464 et seq., relating to Medicare Program; Hospice Wage 
     Index for Fiscal Year 2009, the Secretary of Health and Human 
     Services shall not phase out or eliminate the budget 
     neutrality adjustment factor in the Medicare hospice wage 
     index before October 1, 2009, and the Secretary shall 
     recompute and apply the final Medicare hospice wage index for 
     fiscal year 2009 as if there had been no reduction in the 
     budget neutrality adjustment factor.
                                 ______
                                 
  SA 335. Mr. SCHUMER (for himself, Mrs. Lincoln, Ms. Stabenow, Mr. 
Kerry, Mr. Bingaman, and Mr. Wyden) 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 735, after line 7, add the following:

     SEC. 5006. SENSE OF THE SENATE REGARDING RESCISSION OF 
                   CERTAIN MEDICAID REGULATIONS.

       It is the sense of the Senate that the following 
     regulations relating to Medicaid should be rescinded:
       (1) Cost limits for public providers.--The final regulation 
     published on May 29, 2007 (72 Federal Register 29748) and 
     determined by the United States District Court for the 
     District of Columbia to have been ``improperly promulgated'', 
     Alameda County Medical Center, et al., v. Leavitt, et al., 
     Civil Action No. 08-0422, Mem. at 4 (D.D.C. May 23, 2008) .
       (2) Payments for graduate medical education.--The proposed 
     regulation published on May 23, 2007 (72 Federal Register 
     28930).
       (3) Medicaid allowable provider taxes.--The final 
     regulation published on February 22, 2008 (73 Federal 
     Register 9685).
       (4) Rehabilitative services.--The proposed regulation 
     published on August 13, 2007 (72 Federal Register 45201).
       (5) Payments for costs of school administration, 
     transportation.--The final regulation published on December 
     28, 2007 (72 Federal Register 73635).
       (6) Case management services.--The interim final regulation 
     published on December 4, 2007 (Federal Register 68077).

[[Page S1596]]

       (7) Outpatient hospital services.--The final regulation 
     published on November 7, 2008 (73 Federal Register 66187).
                                 ______
                                 
  SA 336. Mr. CARDIN (for himself, and Mr. Voinovich) 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 118, line 13, strike ``104(k)(3)'' and insert 
     ``104(k)''.
                                 ______
                                 
  SA 337. Mr. BINGAMAN 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 76, line 14, strike ``Provided'' and all that 
     follows through ``project:'' on line 25.
                                 ______
                                 
  SA 338. Mr. HARKIN (for himself, 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 431, between lines 8 and 9, insert the following:

     SEC. 1607. AUTOMOBILE TRADE-IN PROGRAM.

       (a) Definitions.--In this section:
       (1) Automobile, fuel, manufacturer, model year.--The terms 
     ``automobile'', ``fuel'', ``manufacturer'', and ``model 
     year'' have the meaning given such terms in section 32901 of 
     title 49, United States Code.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an individual--
       (A) who does not have more than 3 automobiles registered 
     under his or her name;
       (B) who filed a return of Federal income tax for a taxable 
     year beginning in 2007 or in 2008, and, if married for the 
     taxable year concerned (as determined under section 7703 of 
     the Internal Revenue Code of 1986), filed a joint return;
       (C) who is not an individual with respect to whom a 
     deduction under section 151 of the Internal Revenue Code of 
     1986 is allowable to another taxpayer for a taxable year 
     beginning in the calendar year in which the individual's 
     taxable year begins;
       (D) whose adjusted gross income reported in the most recent 
     return described in subparagraph (B) was not more than 
     $50,000 ($75,000 in the case of a joint tax return or a 
     return filed by a head of household (as defined in section 
     2(b) of the Internal Revenue Code of 1986));
       (E) who has not acquired an automobile under the Program; 
     and
       (F) who did not file such return jointly with another 
     individual who has acquired an automobile under the Program.
       (3) Eligible new automobile.--The term ``eligible new 
     automobile'', with respect to a trade of an eligible old 
     automobile by an eligible individual under the Program, means 
     an automobile that--
       (A) has never been registered in any jurisdiction;
       (B) was assembled in the United States; and
       (C) has a fuel economy that--
       (i) is not less than 25 miles per gallon (20 miles per 
     gallon in the case of a pick up truck), as determined by the 
     Administrator of the Environmental Protection Agency using 
     the 5-cycle fuel economy measurement methodology of such 
     Agency; and
       (ii) has a fuel economy that is more than 4.9 miles per 
     gallon greater than the fuel economy of such eligible old 
     automobile, as determined by the Administrator using the 2-
     cycle fuel economy measurement methodology of such Agency for 
     both automobiles.
       (4) Eligible old automobile.--The term ``eligible old 
     automobile'', with respect to a trade for an eligible new 
     automobile by an eligible individual under the Program, means 
     an automobile that--
       (A) is operable;
       (B) was first registered in any jurisdiction by any person 
     not less than 10 years before the date on which such trade is 
     initiated;
       (C) is registered under such eligible individual's name on 
     the date on which such trade is initiated; and
       (D) was registered under such eligible individual's name 
     before January 16, 2009.
       (5) Pick up truck.--The term ``pick up truck'' means an 
     automobile with an open bed as determined by the Secretary in 
     consultation with the Secretary of Transportation.
       (6) Program.--The term ``Program'' means the Automobile 
     Trade-In Program established under subsection (b).
       (7) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of the Treasury, or the 
     Secretary's designee.
       (b) Program Established.--The Secretary shall establish the 
     Automobile Trade-In Program to provide eligible individuals 
     with subsidies to purchase eligible new automobiles in 
     exchange for eligible old automobiles.
       (c) Duration of Program.--The Program shall commence on the 
     date on which the Secretary prescribes regulations under 
     subsection (h) and shall terminate on the earlier of--
       (1) September 30, 2010; and
       (2) the date on which all of the funds appropriated or 
     otherwise made available under subsection (j) have been 
     expended.
       (d) Trades.--
       (1) In general.--Except as otherwise provided in this 
     subsection, if an eligible individual and a seller of an 
     eligible new automobile initiate a trade as described in 
     subsection (e) for such new automobile with an eligible old 
     automobile of the eligible individual before the termination 
     of the Program under subsection (c), the Secretary shall 
     provide to the seller of such new automobile $10,000.
       (2) Limitation on purchase price of eligible new 
     automobiles.--The Secretary may not make any payment under 
     this subsection for a trade for an eligible new automobile 
     under the Program if--
       (A) the purchase price of such new automobile exceeds the 
     manufacturer's suggested retail price for such new 
     automobile; or
       (B) the price of the non-safety related accessories, as 
     determined by the Secretary in consultation with the 
     Administrator of the National Highway Traffic Safety 
     Administration, of such new automobile exceeds--
       (i) the average price of the non-safety related accessories 
     for the prior model year of such new automobile; or
       (ii) in the case that there is no prior model year for such 
     new automobile, the average price of non-safety related 
     accessories for similar new automobiles (as determined by the 
     Secretary), with consideration of the types of non-safety 
     related accessories that are typically provided with such 
     automobiles.
       (3) Compensation for delayed payments.--In the case that a 
     payment under this subsection to a seller for a trade under 
     the Program is delayed, the Secretary shall provide to such 
     seller the amount otherwise determined under this subsection 
     plus interest at the overpayment rate established under 
     section 6621 of the Internal Revenue Code of 1986.
       (e) Initiation of Trade.--An eligible individual and the 
     seller of an eligible new automobile initiate a trade under 
     the Program for such eligible new automobile with an eligible 
     old automobile of such individual if--
       (1) the eligible individual, or the eligible individual's 
     designee, drives such old automobile to the location of such 
     seller;
       (2) the eligible individual provides to the seller--
       (A) such old automobile; and
       (B) an amount (if any) equal to the difference between--
       (i) the purchase price of such new automobile; and
       (ii) the amount the Secretary is required to provide to the 
     seller under subsection (d); and
       (3) the eligible individual and the seller notify the 
     Secretary of such trade at such time and in such manner as 
     the Secretary considers appropriate.
       (f) Limitation on Resale.--
       (1) In general.--Except as provided in paragraph (2), an 
     individual who purchases an automobile under the Program may 
     not sell or lease the automobile before the date that is 1 
     year after the date on which the individual purchased the 
     automobile under the Program.
       (2) Exception for hardship.--The limitation in paragraph 
     (1) shall not apply to an individual if compliance with such 
     limitation would constitute a hardship, as determined by the 
     Secretary.
       (g) Disposal of Eligible Old Automobiles.--
       (1) In general.--A seller who receives an eligible old 
     automobile in exchange for an eligible new automobile under 
     the Program shall deliver such old automobile to an 
     appropriate location for proper destruction and disposal as 
     determined by the Secretary in accordance with paragraph (2).
       (2) Disposal and salvage.--The Secretary may permit a 
     seller under paragraph (1) to salvage portions of an 
     automobile to be destroyed and disposed of under such 
     paragraph, except that the Secretary shall require the 
     destruction of the engine block and the frame of the 
     automobile.
       (3) Compensation.--The Secretary shall compensate a seller 
     described in paragraph (1) for costs incurred by such seller 
     under such paragraph in such amounts or at such rates as the 
     Secretary considers appropriate.
       (h) Regulations.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act,

[[Page S1597]]

     the Secretary shall prescribe rules to carry out the Program.
       (2) Expedited procedures for rulemaking.--The provisions of 
     chapter 5 of title 5, United States Code, shall not apply to 
     regulations prescribed under paragraph (1).
       (i) Monitoring.--The Secretary shall establish a mechanism 
     to monitor the expenditure of funds appropriated under 
     subsection (j).
       (j) Direct Spending Authority.--
       (1) In general.--There is authorized to be appropriated and 
     is appropriated to the Secretary $16,000,000,000, including 
     administrative expenses, to carry out the Program.
       (2) Availability.--The amount appropriated under paragraph 
     (1) shall be available for the purpose described in such 
     paragraph until September 30, 2010.
       (3) Emergency designation.--Amounts appropriated pursuant 
     to paragraph (1) 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.
                                 ______
                                 
  SA 339. Mr. HARKIN (for himself, Mr. Thune, 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 36, between lines 3 and 4, insert the following:

     SEC. __. ENERGY PROGRAMS.

       (a) In General.--Notwithstanding any other provision of law 
     and in addition to any other funds made available, not later 
     than 30 days after the date of enactment of this Act, out of 
     any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary of 
     Agriculture (referred to in this section as the 
     ``Secretary'')--
       (1) to carry out section 9002 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8102), $10,000,000 for 
     the period of fiscal years 2009 and 2010;
       (2) for the costs of grants and loan guarantees to carry 
     out section 9003 of that Act (7 U.S.C. 8103), $300,000,000 
     for the period of fiscal years 2009 and 2010;
       (3) to carry out section 9004 of that Act (7 U.S.C. 8104), 
     $200,000,000 for the period of fiscal years 2009 and 2010;
       (4) to carry out section 9005 of that Act (7 U.S.C. 8105), 
     $100,000,000 for the period of fiscal years 2009 and 2010;
       (5) for the costs of grants and loan guarantees to carry 
     out section 9007 of that Act (7 U.S.C. 8107), $300,000,000 
     for the period of fiscal years 2009 and 2010;
       (6) to carry out section 9008 of that Act (7 U.S.C. 8108), 
     $100,000,000 for the period of fiscal years 2009 and 2010;
       (7) to carry out section 9009 of that Act (7 U.S.C. 8109), 
     $40,000,000 for the period of fiscal years 2009 and 2010;
       (8) to carry out section 9011 of that Act (7 U.S.C. 8111), 
     $50,000,000 for the period of fiscal years 2009 and 2010; and
       (9) to carry out section 9013 of that Act (7 U.S.C. 8113), 
     $40,000,000 for the period of fiscal years 2009 and 2010.
       (b) Condition on Funds.--Funds made available under 
     subsection (a)(3) may be used to provide assistance under 
     section 9004 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 8104) to power plants and manufacturing 
     facilities in rural areas.
       (c) Receipt and Acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to provide 
     those loans the funds transferred under subsection (a), 
     without further appropriation.
       (d) Availability of Funds.--Funds made available under 
     subsection (a) shall remain available until September 30, 
     2010.
       (e) Offset.--Notwithstanding any other provision of this 
     Act, each amount provided to the Secretary of Energy under 
     title IV is reduced by the pro rata percentage required to 
     reduce the total amount provided to the Secretary of Energy 
     under title IV by $1,140,000,000.
                                 ______
                                 
  SA 340. Mr. ROCKEFELLER (for himself and Mrs. Hagan) 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 629, between lines 6 and 7, insert the following:

     SEC. 3102. CHIP ALLOTMENT ADJUSTMENTS.

       Effective as if included in the enactment of the Children's 
     Health Insurance Program Reauthorization Act of 2009,section 
     2104(m) of the Social Security Act, as added by section 102 
     of the Children's Health Insurance Program Reauthorization 
     Act of 2009, is amended--
       (1) by redesignating paragraph (7) as paragraph (8); and
       (2) by inserting after paragraph (6), the following:
       ``(7) Adjustment of fiscal years 2009 and 2010 allotments 
     to account for changes in projected spending for certain 
     previously approved expansion programs.--In the case of one 
     of the 50 States or the District of Columbia that has an 
     approved State plan amendment effective January 1, 2006, to 
     provide child health assistance through the provision of 
     benefits under the State plan under title XIX for children 
     from birth through age 5 whose family income does not exceed 
     200 percent of the poverty line, the Secretary shall increase 
     the allotments otherwise determined for the State for fiscal 
     years 2009 and 2010 under paragraphs (1) and (2)(A)(i) in 
     order to take into account changes in the projected total 
     Federal payments to the State under this title for such 
     fiscal years that are attributable to the provision of such 
     assistance to such children.''.
                                 ______
                                 
  SA 341. Mr. ROCKEFELLER (for himself 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 277, between lines 11 and 12, insert the following:
       ``(9) Child-specific provisions.--
       ``(A) Child-specific electronic health records.--Not later 
     than 9 months after the date on which standards are initially 
     adopted under section 3004, the National Coordinator shall 
     coordinate the development of, and make available for use, a 
     child-specific electronic health record. Such child-specific 
     electronic health record shall be interoperable with any 
     qualified electronic health record system for adult records.
       ``(B) Pediatric care and best practices.--The National 
     Coordinator, the HIT Policy Committee, and the HIT Standard 
     Committee shall each consider pediatric care and best 
     practice for children's health in making recommendations 
     under this title.''.
                                 ______
                                 
  SA 342. Mr. ROCKEFELLER 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 735, after line 7, add the following:

     SEC. 5006. AUTOMATIC INCREASE IN THE FEDERAL MEDICAL 
                   ASSISTANCE PERCENTAGE DURING PERIODS OF 
                   NATIONAL ECONOMIC DOWNTURN.

       (a) National Economic Downturn Assistance FMAP.--
       (1) In general.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (A) in subsection (b), in the first sentence--
       (i) by striking ``and (4)'' and inserting ``(4)''; and
       (ii) by inserting ``and (5) with respect to each fiscal 
     year quarter other than the first quarter of a national 
     economic downturn assistance period described in subsection 
     (y)(1), the Federal medical assistance percentage for any 
     State described in subsection (y)(2) shall be equal to the 
     national economic downturn assistance FMAP determined for the 
     State for the quarter under subsection (y)(3)'' before the 
     period; and
       (B) by adding at the end the following:
       ``(y) National Economic Downturn Assistance FMAP.--For 
     purposes of clause (5) of the first sentence of subsection 
     (b):
       ``(1) National economic downturn assistance period.--A 
     national economic downturn assistance period described in 
     this paragraph--
       ``(A) begins with the first fiscal year quarter for which 
     the Secretary determines that for at least 23 States, the 
     rolling average unemployment rate for that quarter has 
     increased by at least 10 percent over the corresponding 
     quarter for the most recent preceding 12-month period for 
     which data are available (in this subsection referred to as 
     the `trigger quarter'); and
       ``(B) ends with the first succeeding fiscal year quarter 
     for which the Secretary determines that less than 23 States 
     have a rolling average unemployment rate for that quarter 
     with an increase of at least 10 percent over the 
     corresponding quarter for the most recent preceding 12-month 
     period for which data are available.
       ``(2) Eligible state.--A State described in this paragraph 
     is a State for which the Secretary determines that the 
     rolling average unemployment rate for the State for any 
     quarter occurring during a national economic downturn 
     assistance period described

[[Page S1598]]

     in paragraph (1) has increased over the corresponding quarter 
     for the most recent preceding 12-month period for which data 
     are available.
       ``(3) Determination of national economic downturn 
     assistance fmap.--
       ``(A) In general.--The national economic downturn 
     assistance FMAP for a fiscal year quarter determined with 
     respect to a State under this paragraph is equal to the 
     Federal medical assistance percentage for the State for that 
     quarter increased by the number of percentage points 
     determined by--
       ``(i) dividing--

       ``(I) the Medicaid additional unemployed increased cost 
     amount determined under subparagraph (B) for the quarter; by
       ``(II) the State's total Medicaid quarterly spending amount 
     determined under subparagraph (C) for the quarter; and

       ``(ii) multiplying the quotient determined under clause (i) 
     by 100.
       ``(B) Medicaid additional unemployed increased cost 
     amount.--For purposes of subparagraph (A)(i)(I), the Medicaid 
     additional unemployed increased cost amount determined under 
     this subparagraph with respect to a State and a quarter is 
     the product of the following:
       ``(i) State increase in rolling average number of 
     unemployed individuals from the base quarter of 
     unemployment.--

       ``(I) In general.--The amount determined by subtracting the 
     rolling average number of unemployed individuals in the State 
     for the base unemployment quarter for the State determined 
     under subclause (II) from the rolling average number of 
     unemployed individuals in the State for the quarter.
       ``(II) Base unemployment quarter defined.--

       ``(aa) In general.--For purposes of subclause (I), except 
     as provided in item (bb), the base quarter for a State is the 
     quarter with the lowest rolling average number of unemployed 
     individuals in the State in the 12-month period preceding the 
     trigger quarter for a national economic downturn assistance 
     period described in paragraph (1).
       ``(bb) Exception.--If the rolling average number of 
     unemployed individuals in a State for a quarter occurring 
     during a national economic downturn assistance period 
     described in paragraph (1) is less than the rolling average 
     number of unemployed individuals in the State for the base 
     quarter determined under item (aa), that quarter shall be 
     treated as the base quarter for the State for such national 
     economic downturn assistance period.
       ``(ii) National average amount of additional federal 
     medicaid spending per additional unemployed individual.--In 
     the case of--

       ``(I) a calendar quarter occurring in fiscal year 2012, 
     $350; and
       ``(II) a calendar quarter occurring in any succeeding 
     fiscal year, the amount applicable under this clause for 
     calendar quarters occurring during the preceding fiscal year, 
     increased by the annual percentage increase in the medical 
     care component of the consumer price index for all urban 
     consumers (U.S. city average), as rounded up in an 
     appropriate manner.

       ``(iii) State nondisabled, nonelderly adults and children 
     medicaid spending index.--

       ``(I) In general.--With respect to a State, the quotient 
     (not to exceed 1.00) of--

       ``(aa) the State expenditure per person in poverty amount 
     determined under subclause (II); divided by--
       ``(bb) the National expenditure per person in poverty 
     amount determined under subclause (III).

       ``(II) State expenditure per person in poverty amount.--For 
     purposes of subclause (I)(aa), the State expenditure per 
     person in poverty amount is the quotient of--

       ``(aa) the total amount of annual expenditures by the State 
     for providing medical assistance under the State plan to 
     nondisabled, nonelderly adults and children; divided by
       ``(bb) the total number of nonelderly adults and children 
     in poverty who reside in the State, as determined under 
     paragraph (4)(A).

       ``(III) National expenditure per person in poverty 
     amount.--For purposes of subclause (I)(bb), the National 
     expenditure per person in poverty amount is the quotient of--

       ``(aa) the sum of the total amounts determined under 
     subclause (II)(aa) for all States; divided by
       ``(bb) the sum of the total amounts determined under 
     subclause (II)(bb) for all States.
       ``(C) State's total medicaid quarterly spending amount.--
     For purposes of subparagraph (A)(i)(II), the State's total 
     Medicaid quarterly spending amount determined under this 
     subparagraph with respect to a State and a quarter is the 
     amount equal to--
       ``(i) the total amount of expenditures by the State for 
     providing medical assistance under the State plan to all 
     individuals enrolled in the plan for the most recent fiscal 
     year for which data is available; divided by
       ``(ii) 4.
       ``(4) Data.--In making the determinations required under 
     this subsection, the Secretary shall use, in addition to the 
     most recent available data from the Bureau of Labor 
     Statistics Local Area Unemployment Statistics for each State 
     referred to in paragraph (5), the most recently available--
       ``(A) data from the Bureau of the Census with respect to 
     the number of nonelderly adults and children who reside in a 
     State described in paragraph (2) with family income below the 
     poverty line (as defined in section 2110(c)(5)) applicable to 
     a family of the size involved, (or, if the Secretary 
     determines it appropriate, a multiyear average of such data);
       ``(B) data reported to the Secretary by a State described 
     in paragraph (2) with respect to expenditures for medical 
     assistance under the State plan under this title for 
     nondisabled, nonelderly adults and children; and
       ``(C) econometric studies of the responsiveness of Medicaid 
     enrollments and spending to changes in rolling average 
     unemployment rates and other factors, including State 
     spending on certain Medicaid populations.
       ``(5) Definition of `rolling average number of unemployed 
     individuals', `rolling average unemployment rate'.--In this 
     subsection, the term--
       ``(A) `rolling average number of unemployed individuals' 
     means, with respect to a calendar quarter and a State, the 
     average of the 12 most recent months of seasonally adjusted 
     unemployment data for each State;
       ``(B) `rolling average unemployment rate' means, with 
     respect to a calendar quarter and a State, the average of the 
     12 most recent monthly unemployment rates for the State; and
       ``(C) `monthly unemployment rate' means, with respect to a 
     State, the quotient of--
       ``(i) the monthly seasonally adjusted number of unemployed 
     individuals for the State; divided by
       ``(ii) the monthly seasonally adjusted number of the labor 
     force for the State,
     using the most recent data available from the Bureau of Labor 
     Statistics Local Area Unemployment Statistics for each State.
       ``(6) Increase in cap on payments to territories.--With 
     respect to any fiscal year quarter for which the national 
     economic downturn assistance Federal medical assistance 
     percentage applies to Puerto Rico, the Virgin Islands, Guam, 
     the Northern Mariana Islands, or American Samoa, the amounts 
     otherwise determined for such commonwealth or territory under 
     subsections (f) and (g) of section 1108 shall be increased by 
     such percentage of such amounts as the Secretary determines 
     is equal to twice the average increase in the national 
     economic downturn assistance FMAP determined for all States 
     described in paragraph (2) for the quarter.
       ``(7) Scope of application.--The national economic downturn 
     assistance FMAP shall only apply for purposes of payments 
     under section 1903 for a quarter and shall not apply with 
     respect to--
       ``(A) disproportionate share hospital payments described in 
     section 1923;
       ``(B) payments under title IV or XXI; or
       ``(C) any payments under this title that are based on the 
     enhanced FMAP described in section 2105(b).''.
       (2) Effective date; no retroactive application.--The 
     amendments made by paragraph (1) take effect on January 1, 
     2012. In no event may a State receive a payment on the basis 
     of the national economic downturn assistance Federal medical 
     assistance percentage determined for the State under section 
     1905(y)(3) of the Social Security Act for amounts expended by 
     the State prior to January 1, 2012.
       (b) GAO Study and Report.--
       (1) Study.--The Comptroller General of the United States 
     shall analyze the previous periods of national economic 
     downturn, including the most recent such period in effect as 
     of the date of enactment of this Act, and the past and 
     projected effects of temporary increases in the Federal 
     medical assistance percentage under the Medicaid program with 
     respect to such periods.
       (2) Report.--Not later than April 1, 2011, the Comptroller 
     General of the United States shall submit a report to 
     Congress on the results of the analysis conducted under 
     paragraph (1). Such report shall include such recommendations 
     as the Comptroller General determines appropriate for 
     modifying the national economic downturn assistance FMAP 
     established under section 1905(y) of the Social Security Act 
     (as added by subsection (a)) to improve the effectiveness of 
     the application of such percentage in addressing the needs of 
     States during periods of national economic downturn, 
     including recommendations for--
       (A) improvements to the factors that begin and end the 
     application of such percentage;
       (B) how the determination of such percentage could be 
     adjusted to address State and regional economic variations 
     during such periods; and
       (C) how the determination of such percentage could be 
     adjusted to be more responsive to actual Medicaid costs 
     incurred by States during such periods, as well as to the 
     effects of any other specific economic indicators that the 
     Comptroller General determines appropriate.
                                 ______
                                 
  SA 343. Mr. REED (for himself, Mr. Dodd, Mr. Kerry, Mr. Schumer, Ms. 
Stabenow, and Mr. Kennedy) 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:

[[Page S1599]]

                      PART __--HOUSING PROVISIONS

     SEC. ___1. SPECIAL RULES FOR MODIFICATION OR DISPOSITION OF 
                   QUALIFIED MORTGAGES OR FORECLOSURE PROPERTY BY 
                   REAL ESTATE MORTGAGE INVESTMENT CONDUITS.

       (a) In General.--If a REMIC (as defined in section 860D(a) 
     of the Internal Revenue Code of 1986) modifies or disposes of 
     a troubled asset under the Troubled Asset Relief Program 
     established by the Secretary of the Treasury under section 
     101(a) of the Emergency Economic Stabilization Act of 2008 or 
     under rules established by the Secretary under section ___2 
     of this Act--
       (1) such modification or disposition shall not be treated 
     as a prohibited transaction under section 860F(a)(2) of such 
     Code, and
       (2) for purposes of part IV of subchapter M of chapter 1 of 
     such Code--
       (A) an interest in the REMIC shall not fail to be treated 
     as a regular interest (as defined in section 860G(a)(1) of 
     such Code) solely because of such modification or 
     disposition, and
       (B) any proceeds resulting from such modification or 
     disposition shall be treated as amounts received under 
     qualified mortgages.
       (b) Termination of REMIC.--For purposes of the Internal 
     Revenue Code of 1986, an entity which is a REMIC (as defined 
     in section 860D(a) of the Internal Revenue Code of 1986) 
     shall cease to be a REMIC if the instruments governing the 
     conduct of servicers or trustees with respect to qualified 
     mortgages (as defined in section 860G(a)(3) of such Code) or 
     foreclosure property (as defined in section 860G(a)(8) of 
     such Code)--
       (1) prohibit or restrict (including restrictions on the 
     type, number, percentage, or frequency of modifications or 
     dispositions) such servicers or trustees from reasonably 
     modifying or disposing of such qualified mortgages or such 
     foreclosure property in order to participate in the Troubled 
     Asset Relief Program established by the Secretary of the 
     Treasury under section 101(a) of the Emergency Economic 
     Stabilization Act of 2008 or under rules established by the 
     Secretary under section ____2 of this Act,
       (2) commit to a person other than the servicer or trustee 
     the authority to prevent the reasonable modification or 
     disposition of any such qualified mortgage or foreclosure 
     property,
       (3) require a servicer or trustee to purchase qualified 
     mortgages which are in default or as to which default is 
     reasonably foreseeable for the purposes of reasonably 
     modifying such mortgages or as a consequence of such 
     reasonable modification, or
       (4) fail to provide that any duty a servicer or trustee 
     owes when modifying or disposing of qualified mortgages or 
     foreclosure property shall be to the trust in the aggregate 
     and not to any individual or class of investors.
       (c) Effective Dates.--
       (1) Subsection (a).--Subsection (a) shall apply to 
     modification and dispositions after the date of the enactment 
     of this Act, in taxable years ending on or after such date.
       (2) Subsection (b).--
       (A) In general.--Except as provided in subparagraph (B), 
     subsection (b) shall take effect on the date that is 3 months 
     after the date of the enactment of this Act.
       (B) Exception.--The Secretary of the Treasury may waive the 
     application of subsection (b) in whole or in part for any 
     period of time with respect to any entity if--
       (i) the Secretary determines that such entity is unable to 
     comply with the requirements of such subsection in a timely 
     manner, or
       (ii) the Secretary determines that such waiver would 
     further the purposes of this Act.

     SEC. ___2. ESTABLISHMENT OF A HOME MORTGAGE LOAN RELIEF 
                   PROGRAM UNDER THE TROUBLED ASSET RELIEF PROGRAM 
                   AND RELATED AUTHORITIES.

       (a) Establishment.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary of the Treasury shall 
     establish and implement a program under the Troubled Asset 
     Relief Program and related authorities established under 
     section 101(a) of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5211(a))--
       (1) to achieve appropriate broad-scale modifications or 
     dispositions of troubled home mortgage loans; and
       (2) to achieve appropriate broad-scale dispositions of 
     foreclosure property.
       (b) Rules.--The Secretary of the Treasury shall promulgate 
     rules governing the--
       (1) reasonable modification of any home mortgage loan 
     pursuant to the requirements of this Act; and
       (2) disposition of any such home mortgage loan or 
     foreclosed property pursuant to the requirements of this Act.
       (c) Considerations.--In developing the rules required under 
     subsection (b), the Secretary of the Treasury shall take into 
     consideration--
       (1) the debt-to-income ratio, loan-to-value ratio, or 
     payment history of the mortgagors of such home mortgage 
     loans; and
       (2) any other factors consistent with the intent to 
     streamline modifications of trouble home mortgage loans into 
     sustainable home mortgage loans.
       (d) Use of Broad Authority.--The Secretary of the Treasury 
     shall use all available authorities to implement the home 
     mortgage loan relief program established under this section, 
     including, as appropriate--
       (1) home mortgage loan purchases;
       (2) home mortgage loan guarantees;
       (3) making and funding commitments to purchase home 
     mortgage loans or mortgage-backed securities;
       (4) buying down interest rates and principal on home 
     mortgage loans;
       (5) principal forbearance; and
       (6) developing standard home mortgage loan modification and 
     disposition protocols, which shall include ratifying that 
     servicer action taken in anticipation of any necessary 
     changes to the instruments governing the conduct of servicers 
     or trustees with respect to qualified mortgages or 
     foreclosure property are consistent with the Secretary of the 
     Treasury's standard home mortgage loan modification and 
     disposition protocols.
       (e) Payments Authorized.--The Secretary of the Treasury is 
     authorized to pay servicers for home mortgage loan 
     modifications or other dispositions consistent with any rules 
     established under subsection (b).
       (f) Rule of Construction.--Any standard home mortgage loan 
     modification and disposition protocols developed by the 
     Secretary of the Treasury under this section shall be 
     construed to constitute standard industry practice.
                                 ______
                                 
  SA 344. Mr. KERRY (for himself and Mr. Kennedy) 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. ___. FUNDING PRIORITIES.

       It is the sense of the Senate that--
       (1)(A) local and State agencies or authorities responsible 
     for selecting projects to be funded under this Act or 
     disseminating funds under this Act should, to the extent 
     possible, select projects that utilize local populations; and
       (B) preference should be given to projects that employ or 
     subcontract with--
       (i) veterans, or members of the reserve components of the 
     Armed Forces;
       (ii) low income people;
       (iii) at risk youth;
       (iv) individuals that are participating in reentry or 
     career training programs; and
       (v) individuals for whom construction work constitutes 
     nontraditional employment;
       (2) to the extent possible local and State agencies should 
     maximize the utilization of individuals registered in 
     apprenticeship programs, and expand participation in these 
     programs by individuals in the populations described in 
     paragraph (1)(B);
       (3) to the extent possible State and Local agencies should 
     maximize the utilization of contractors that provide health 
     care and retirement benefits to their employees and maintain 
     strong worker safety;
       (4) to the extent possible the local or State agency 
     receiving funds under this Act should coordinate with local 
     community organizations, hiring centers, faith based 
     organizations, labor organizations, and non-profits; and
       (5) local and State agencies should make available on their 
     State run websites information on how funds received under 
     this Act are being implemented and disbursed to encourage 
     participation and transparency.
                                 ______
                                 
  SA 345. Ms. SNOWE 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:

       Beginning on page 338, strike line 19 and all that follows 
     through line 9 on page 339, and insert the following:
       ``(1) Breach.--The term `breach' means the unauthorized 
     acquisition, access, use, or disclosure of protected health 
     information which compromises the security, privacy, or 
     integrity of protected health information maintained by or on 
     behalf of a person. Such term does not include any 
     unintentional acquisition, access, or use of such information 
     by an employee or agent of the covered entity or business 
     associate involved if such acquisition, access, or use, 
     respectively, was made in good faith and within the course 
     and scope of the employment or other contractual relationship 
     of such employee or agent, respectively, with the covered 
     entity or business associate and if such information is not 
     further acquired, accessed, used, or disclosed by such 
     employee or agent.''.
                                 ______
                                 
  SA 346. 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

[[Page S1600]]

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

       On page 70, line 16, insert ``Indian energy education 
     planning and management assistance program established under 
     section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 
     3502(b)) 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, $100,000,000 shall be available for the 
     Indian energy education planning and management assistance 
     program established under section 2602(b) of the Energy 
     Policy Act of 1992 (25 U.S.C. 3502(b)) with eligibility for 
     grants under the program determined in accordance with 
     section 2601 of that Act (25 U.S.C. 3501) and 
     $2,000,000,000''.
                                 ______
                                 
  SA 347. 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 18, insert ``transmission plans, 
     including'' after ``of''.
       On page 74, line 2, insert ``transmission plans, 
     including'' after ``of''.
                                 ______
                                 
  SA 348. 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 232, line 14, insert ``; Provided further, That of 
     the funds provided under this heading, $25,000,000 shall be 
     available to reimburse expenditures for the relocation and 
     digitization of omni directional range navigation devices 
     (DVOR) to enable or facilitate the construction of wind power 
     development projects'' before the period at the end.

                                 ______
                                 
  SA 349. Ms. SNOWE (for herself, Mrs. Feinstein, Mr. Bingaman, and Mr. 
Kerry) 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:
       Beginning on page 457, line 18, strike all through page 
     458, line 16, and insert the following:

     SEC. 1121. EXTENSION AND MODIFICATION OF CREDIT FOR 
                   NONBUSINESS ENERGY PROPERTY.

       (a) In General.--Section 25C is amended by striking 
     subsections (a) and (b) and inserting the following new 
     subsections:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to 30 
     percent of the sum of--
       ``(1) the amount paid or incurred by the taxpayer during 
     such taxable year for qualified energy efficiency 
     improvements, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.
       ``(b) Limitation.--The aggregate amount of the credits 
     allowed under this section for taxable years beginning in 
     2009 and 2010 with respect to any taxpayer shall not exceed 
     $1,500.''.
       (b) Modifications of Standards for Energy-Efficient 
     Building Property.--
       (1) Electric heat pumps.--Subparagraph (B) of section 
     25C(d)(3) is amended to read as follows:
       ``(A) an electric heat pump which achieves the highest 
     efficiency tier established by the Consortium for Energy 
     Efficiency, as in effect on January 1, 2009.''.
       (2) Central air conditioners.--Section 25C(d)(3)(D) is 
     amended by striking ``2006'' and inserting ``2009''.
       (3) Water heaters.--Subparagraph (E) of section 25C(d) is 
     amended to read as follows:
       ``(E) a natural gas, propane, or oil water heater which has 
     either an energy factor of at least 0.82 or a thermal 
     efficiency of at least 90 percent.''.
       (c) Modifications of Standards for Oil Furnaces and Hot 
     Water Boilers.--
       (1) In general.--Paragraph (4) of section 25C(d) is amended 
     to read as follows:
       ``(4) Qualified natural gas, propane, and oil furnaces and 
     hot water boilers.--
       ``(A) Qualified natural gas furnace.--The term `qualified 
     natural gas furnace' means any natural gas furnace which 
     achieves an annual fuel utilization efficiency rate of not 
     less than 95.
       ``(B) Qualified natural gas hot water boiler.--The term 
     `qualified natural gas hot water boiler' means any natural 
     gas hot water boiler which achieves an annual fuel 
     utilization efficiency rate of not less than 90.
       ``(C) Qualified propane furnace.--The term `qualified 
     propane furnace' means any propane furnace which achieves an 
     annual fuel utilization efficiency rate of not less than 95.
       ``(D) Qualified propane hot water boiler.--The term 
     `qualified propane hot water boiler' means any propane hot 
     water boiler which achieves an annual fuel utilization 
     efficiency rate of not less than 90.
       ``(E) Qualified oil furnaces.--The term `qualified oil 
     furnace' means any oil furnace which achieves an annual fuel 
     utilization efficiency rate of not less than 90.
       ``(F) Qualified oil hot water boiler.--The term `qualified 
     oil hot water boiler' means any oil hot water boiler which 
     achieves an annual fuel utilization efficiency rate of not 
     less than 90.''.
       (2) Conforming amendment.--Clause (ii) of section 
     25C(d)(2)(A) is amended to read as follows:
       ``(ii) any qualified natural gas furnace, qualified propane 
     furnace, qualified oil furnace, qualified natural gas hot 
     water boiler, qualified propane hot water boiler, or 
     qualified oil hot water boiler, or''.
       (d) Modifications of Standards for Qualified Energy 
     Efficiency Improvements.--
       (1) Qualifications for exterior windows, doors, and 
     skylights.--Subsection (c) of section 25C is amended by 
     adding at the end the following new paragraph:
       ``(4) Qualifications for exterior windows, doors, and 
     skylights.--Such term shall not include any component 
     described in subparagraph (B) or (C) of paragraph (2) unless 
     such component is equal to or below a U factor of 0.30 and 
     SHGC of 0.30.''.
       (2) Additional qualification for insulation.--Subparagraph 
     (A) of section 25C(c)(2) is amended by inserting ``and meets 
     the prescriptive criteria for such material or system 
     established by the 2009 International Energy Conservation 
     Code, as such Code (including supplements) is in effect on 
     the date of the enactment of the American Recovery and 
     Reinvestment Tax Act of 2009'' after ``such dwelling unit''.
       (e) Extension.--Section 25C(g)(2) is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2010''.
       (f) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2008.
       (2) Efficiency standards.--The amendments made by 
     subsections (b), (c), and (d) shall apply to property placed 
     in service after December 31, 2009.
                                 ______
                                 
  SA 350. Ms. SNOWE (for herself, Mrs. Feinstein, and Mr. Kerry) 
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 461, between lines 10 and 11, insert the following:

     SEC. ____. EXTENSION OF AND INCREASE IN NEW ENERGY EFFICIENT 
                   HOME CREDIT.

       (a) Extension.--Subsection (g) of section 45L (relating to 
     termination) is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (b) Increase.--Paragraph (2) of section 45L(a) (relating to 
     allowance of credit) is amended--
       (1) by striking ``$2,000'' in subparagraph (A) and 
     inserting ``$5,000'', and
       (2) by striking ``$1,000'' in subparagraph (B) and 
     inserting ``$2,500''.
       (c) Modification of Energy Savings Requirements.--So much 
     of subparagraph (A) of section 45L(c)(1) as precedes cause 
     (i) is amended to read as follows:
       ``(A) to have a level of annual total energy consumption 
     which is at least 50 percent below the annual level of total 
     energy consumption of a comparable dwelling unit--''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to homes constructed and acquired after December 
     31, 2008.

     SEC. ____. MODIFICATION OF DEDUCTION FOR ENERGY EFFICIENT 
                   COMMERCIAL BUILDINGS.

       (a) Increase in Maximum Amount of Deduction.--
       (1) In general.--Subparagraph (A) of section 179D(b)(1) is 
     amended by striking ``$1.80'' and inserting ``$3.00''.
       (2) Partial allowance.--Paragraph (1) of section 179D(d) is 
     amended--
       (A) by striking ``$.60'' and inserting ``$1.00'', and
       (B) by striking ``$1.80'' and inserting ``$3.00''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service in taxable years 
     beginning after the date of the enactment of this Act.

[[Page S1601]]

     SEC. ____. ENERGY RATINGS OF NON-BUSINESS PROPERTY.

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

     ``SEC. 25E. ENERGY RATINGS OF NON-BUSINESS PROPERTY.

       ``(a) In General.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     chapter for the taxable year an amount equal to the amount 
     paid or incurred by the taxpayer for a qualified home energy 
     rating conducted during such taxable year.
       ``(b) Limitation.--The amount allowed as a credit under 
     subsection (a) with respect to any taxpayer for any taxable 
     year shall not exceed $200.
       ``(c) Qualified Home Energy Rating.--For purposes of this 
     section, the term `qualified home energy rating' means a home 
     energy rating conducted with respect to any residence of the 
     taxpayer by a home performance auditor certified by a 
     provider accredited by the Building Performance Institute 
     (BPI), the Residential Energy Services Network (RESNET), or 
     equivalent rating system.
       ``(d) Termination.--This section shall not apply with 
     respect to any rating conducted after December 31, 2011.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     A of part IV of subchapter A chapter 1 is amended by 
     inserting after the item relating to section 25D the 
     following new item:

``Sec. 25E. Energy ratings of non-business property.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after the date of the enactment of this Act.

     SEC. ____. CREDIT FOR HOME PERFORMANCE AUDITOR 
                   CERTIFICATIONS.

       (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. HOME PERFORMANCE AUDITOR CERTIFICATION CREDIT.

       ``(a)  In General.--For purposes of section 38, the home 
     performance auditor certification credit determined under 
     this section for any taxable year is an amount equal to the 
     qualified training and certification costs paid or incurred 
     by the taxpayer which may be taken into account for such 
     taxable year.
       ``(b) Qualified Training and Certification Costs.--
       ``(1) In general.--The term `qualified training and 
     certification costs' means costs paid or incurred for 
     training which is required for the taxpayer or employees of 
     the taxpayer to be certified as home performance auditors for 
     purposes of providing qualified home energy ratings under 
     section 25E(c).
       ``(2) Limitation.--The qualified training and certification 
     costs taken into account under subsection (a)(1) for the 
     taxable year with respect to any individual shall not exceed 
     $500 reduced by the amount of the credit allowed under 
     subsection (a)(1) to the taxpayer (or any predecessor) with 
     respect to such individual for all prior taxable years.
       ``(3) Year costs taken into account.--Qualified training 
     and certifications costs with respect to any individual shall 
     not be taken into account under subsection (a)(1) before the 
     taxable year in which the individual with respect to whom 
     such costs are paid or incurred has performed 25 qualified 
     home energy ratings under section 25E(c).
       ``(c) Special Rules.--
       ``(1) Aggregation rules.--For purposes of this section, all 
     persons treated as a single employer under subsections (a) 
     and (b) of section 52 shall be treated as 1 person.
       ``(2) Denial of double benefit.--
       ``(A) In general.--No deduction shall be allowed for that 
     portion of the expenses otherwise allowable as a deduction 
     for the taxable year which is equal to the amount taken into 
     account under subsection (a) for such taxable year.
       ``(B) Amount previously deducted.--No credit shall be 
     allowed under subsection (a) with respect to any amount for 
     which a deduction has been allowed in any preceding taxable 
     year.''.
       (b) Credit Treated as Part of General Business Credit.--
     Section 38(b) is amended by striking ``plus'' at the end of 
     paragraph (34), by striking the period at the end of 
     paragraph (35) and inserting ``plus'', and by adding at the 
     end the following new paragraph:
       ``(36) the home performance auditor certification credit 
     determined under section 45R(a).''.
       (c) Conforming Amendment.--The table of sections for 
     subpart D of part IV of subchapter A of chapter 1 is amended 
     by inserting after the item relating to section 45Q the 
     following new item:

``Sec. 45R. Home performance auditor certification credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 351. Ms. SNOWE 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 461, between lines 10 and 11, insert the following:

     SEC. ____. ENERGY RATINGS OF NON-BUSINESS PROPERTY.

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

     ``SEC. 25E. ENERGY RATINGS OF NON-BUSINESS PROPERTY.

       ``(a) In General.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     chapter for the taxable year an amount equal to the amount 
     paid or incurred by the taxpayer for a qualified home energy 
     rating conducted during such taxable year.
       ``(b) Limitation.--The amount allowed as a credit under 
     subsection (a) with respect to any taxpayer for any taxable 
     year shall not exceed $200.
       ``(c) Qualified Home Energy Rating.--For purposes of this 
     section, the term `qualified home energy rating' means a home 
     energy rating conducted with respect to any residence of the 
     taxpayer by a home performance auditor certified by a 
     provider accredited by the Building Performance Institute 
     (BPI), the Residential Energy Services Network (RESNET), or 
     equivalent rating system.
       ``(d) Termination.--This section shall not apply with 
     respect to any rating conducted after December 31, 2011.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     A of part IV of subchapter A chapter 1 is amended by 
     inserting after the item relating to section 25D the 
     following new item:

``Sec. 25E. Energy ratings of non-business property.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after the date of the enactment of this Act.
                                 ______
                                 
  SA 352. Ms. SNOWE 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 410, line 3, strike the period and insert ``; 
     and''.
       On page 410, after line 3, insert the following:
       ``(G) reviewing the specific number of jobs created by each 
     title of each division of this Act.''.
       On page 410, line 10, after ``agencies.'' insert ``The 
     Board shall include a complete assessment of the number of 
     jobs created by each title of each division of this Act and 
     shall recommend to the appropriate committees of Congress for 
     rescission unobligated balances of any program in this Act 
     that is not creating or cannot be reasonably expected to 
     create jobs or help those displaced by the current 
     recession.''.
       On page 431, after line 8, insert the following:

     SEC. ___. POINT OF ORDER AGAINST CONTINUING SPENDING LEVELS.

       (a) Baseline.--The Congressional Budget Office shall not 
     include any discretionary amounts provided in this Act in the 
     baseline for fiscal year 2011 and fiscal years thereafter.
       (b) Point of Order.--In the Senate, it shall not be in 
     order to consider any bill, resolution, or amendment that 
     continues the discretionary appropriations levels under this 
     Act beyond fiscal year 2010.
                                 ______
                                 
  SA 353. Mr. ENSIGN (for himself, Mr. McConnell, and Mr. Alexander) 
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:

       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``Fix Housing 
     First Act''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this Act 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.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title, etc.

                       TITLE I--FIX HOUSING FIRST

                 Subtitle A--Homeowner Security Program

Sec. 1001. Homeowner security program.

[[Page S1602]]

Sec. 1002. Termination.
Sec. 1003. Other limitations
Sec. 1004. Study on interest rates.
Sec. 1005. Reports to Congress.
Sec. 1006. Funding.
Sec. 1007. Other mortgage purchases.

                   Subtitle B--Foreclosure Mitigation

Sec. 1011. Definitions.
Sec. 1012. Payments to eligible servicers authorized.
Sec. 1013. Compensation for aggrieved investors.
Sec. 1014. Authorization of appropriations.
Sec. 1015. Sunset of authority.

             Subtitle C--Credit for Certain Home Purchases

Sec. 1021. Credit for certain home purchases.

                   TITLE II--MIDDLE CLASS TAX RELIEF

Sec. 2001. 10 percent rate bracket for individuals reduced to 5 percent 
              for 2009 and 2010.
Sec. 2002. 15 percent rate bracket for individuals reduced to 10 
              percent for 2009 and 2010.

                     TITLE III--BUSINESS TAX RELIEF

              Subtitle A--Temporary Investment Incentives

Sec. 3001. Special allowance for certain property acquired during 2009.
Sec. 3002. Temporary increase in limitations on expensing of certain 
              depreciable business assets.

            Subtitle B--5-Year Carryback of Operating Losses

Sec. 3101. 5-year carryback of operating losses.
Sec. 3102. Exception for TARP recipients.

                  Subtitle C--Incentives for New Jobs

Sec. 3201. Incentives to hire unemployed veterans.

                Subtitle D--Cancellation of Indebtedness

Sec. 3301. Deferral and ratable inclusion of income arising from 
              indebtedness discharged by the repurchase of a debt 
              instrument.

               Subtitle E--Qualified Small Business Stock

Sec. 3401. Modifications to exclusion for gain from certain small 
              business stock.

                       Subtitle F--S Corporations

Sec. 3501. Temporary reduction in recognition period for built-in gains 
              tax.

                    Subtitle G--Broadband Incentives

Sec. 3601. Broadband Internet access tax credit.

  Subtitle H--Clarification of Regulations Related to Limitations on 
         Certain Built-in Losses Following an Ownership Change

Sec. 3701. Clarification of regulations related to limitations on 
              certain built-in losses following an ownership change.

                       TITLE I--FIX HOUSING FIRST

                 Subtitle A--Homeowner Security Program

     SEC. 1001. HOMEOWNER SECURITY PROGRAM.

       (a) Establishment of Program.--The Secretary of the 
     Treasury (in this subtitle referred to as the ``Secretary'') 
     shall, not later than 1 month after the date of enactment of 
     this Act, in consultation with the Board of Governors of the 
     Federal Reserve System, develop and implement a comprehensive 
     homeowner security program in accordance with this subtitle, 
     but only after making a finding that implementing such a 
     program shall not disrupt the ability of the Federal 
     Government to fund regular operations of the Government or 
     not adversely affect the credit rating of debt instruments 
     issued by the Government.
       (b) Criteria.--The homeowner security program developed 
     under this subtitle (in this subtitle referred to as the 
     ``program'') shall--
       (1) require the Federal Government to take action to 
     restore mortgage interest rates for 30-year fixed mortgages 
     to amounts that are comparable to the return on obligations 
     of the Treasury having 10-year periods of maturity, based on 
     the average of the spreads of such rates over the 20-year 
     period preceding the date of enactment of this Act;
       (2) include specific measures to minimize cost and risk to 
     the taxpayer and minimize market distortions;
       (3) be limited to--
       (A) providing funds to the Federal National Mortgage 
     Association and the Federal Home Loan Mortgage Corporation 
     from the fund established under section 1006 for the purpose 
     of purchasing newly issued mortgages, bonds, or mortgage-
     backed securities under this subtitle; and
       (B) the payment of applicable prepayment or other fees or 
     penalties associated with underlying mortgage loans;
       (4) limit such action to conforming loans, as determined by 
     the Federal National Mortgage Association and the Federal 
     Home Loan Mortgage Corporation, using conforming loan limits 
     in effect for 2008;
       (5) apply such action only--
       (A) to creditworthy borrowers, as determined after an 
     evaluation of debt to income ratio, credit rating, income, 
     employment history, and other relevant information, who are 
     current in payments on outstanding mortgage obligations;
       (B) subject to a new, independent appraisal of the property 
     securing the obligation; and
       (C) with respect to mortgage loans that are--
       (i) secured by the single-family, primary residence of the 
     borrower; and
       (ii) held or backed by--

       (I) the Federal National Mortgage Association or the 
     Federal Home Loan Mortgage Corporation; or
       (II) any another person, only if the loan-to-value ratio on 
     the property securing the loan is not more than 95 percent;

       (6) ensure availability of such mortgage loans for home 
     purchase regardless of the type or size of financial 
     institution that acts as a loan originator or a portfolio 
     lender, taking into account the differences in the cost of 
     funds and other factors when executing the program;
       (7) allow new purchases and refinanced loans to qualify for 
     such action; and
       (8) result in the redemption of the vast majority of 
     residential mortgage backed securities that are currently 
     held in the marketplace.
       (c) Authority to Pay Certain Fees.--Funds made available to 
     carry out this subtitle may be used to pay loan origination 
     fees, if the Secretary determines that such payments are 
     necessary to maximize the economic benefit of the program.
       (d) Additional Considerations.--In developing the program 
     under this subtitle, the Secretary shall consider whether 
     refinancings under the program should be in the form of 
     recourse or nonrecourse loans.

     SEC. 1002. TERMINATION.

       The program developed under section 1001, and the authority 
     of the Secretary under this subtitle, shall terminate on 
     December 31, 2010, or such earlier date, if the Secretary 
     determines that no further economic benefit can be achieved 
     or can't be achieved by the private market.

     SEC. 1003. OTHER LIMITATIONS.

       (a) Resale.--If the Secretary, the Federal National 
     Mortgage Association, or the Federal Home Loan Mortgage 
     Corporation repackages and sells mortgages funded under the 
     program developed under this subtitle, such mortgages shall 
     be segregated from other mortgages not so funded, and shall 
     be identified as such.
       (b) Information Available to Borrowers.--The rules of the 
     Secretary under this subtitle shall assure the ability of the 
     homeowner with respect to a mortgage loan refinanced under 
     the homeowner security program to ascertain the identity of 
     the owner or holder of the mortgage, including upon resale of 
     the mortgage loan.
       (c) Authority of the Secretary.--The Secretary is 
     authorized to issue such rules to carry out this subtitle as 
     the Secretary determines are appropriate, including measures 
     designed to address problems that have contributed to the 
     mortgage crisis, and to prevent such future crises.

     SEC. 1004. STUDY ON INTEREST RATES.

       In carrying out this subtitle, the Secretary shall--
       (1) conduct an economic study of reducing mortgage interest 
     rates, estimating the impact on the mortgage delinquencies 
     and foreclosures, housing prices, and credit markets; and
       (2) develop clear metrics for the homeowner security 
     program.

     SEC. 1005. REPORTS TO CONGRESS.

       The Secretary shall submit a report to Congress once every 
     3 months on the development and implementation of the program 
     required by this subtitle, together with any necessary 
     legislative recommendations.

     SEC. 1006. FUNDING.

       (a) Establishment of Treasury Fund.--The Secretary shall 
     establish, within the Treasury of the United States, a fund 
     comprised of the proceeds to the United States from the sale 
     of Treasury bills having 30-year periods of maturity.
       (b) Appropriation.--There is appropriated to the Secretary 
     from the fund created under subsection (a) to carry out this 
     subtitle, $300,000,000,000, to remain available until 
     expended.
       (c) Termination of Fund.--The fund established under this 
     section shall remain in effect for such period as any 
     obligation under this subtitle remains outstanding, and shall 
     be terminated when all such obligations are repaid.

     SEC. 1007. OTHER MORTGAGE PURCHASES.

       Nothing in this subtitle shall preclude the Federal 
     National Mortgage Association or the Federal Home Loan 
     Mortgage Corporation from using funds not appropriated under 
     this subtitle for the purpose of purchasing mortgage loans.

                   Subtitle B--Foreclosure Mitigation

     SEC. 1011. DEFINITIONS.

       For purposes of this subtitle--
       (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;

[[Page S1603]]

       (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 subtitle'' means the 
     period beginning on the effective date of this subtitle and 
     ending on December 31, 2011;
       (8) the term ``incentive fee'' means the monthly payment to 
     eligible servicers, as determined under section 1012(a);
       (9) the term ``Office'' means the Office of Aggrieved 
     Investor Claims established under section 1013(a); and
       (10) the term ``prepayment fee'' means the payment to 
     eligible servicers, as determined under section 1012(b).

     SEC. 1012. PAYMENTS TO ELIGIBLE SERVICERS AUTHORIZED.

       (a) Authority.--The Secretary is authorized during the 
     effective term of the subtitle, 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 subtitle.
       (b) Fees Paid to Eligible Servicers.--
       (1) In general.--During the effective term of the subtitle, 
     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.
     For purposes of subparagraph (A), total fees which may be 
     collected for any mortgage may not exceed $1,000.
       (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;
       (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. 1013. 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 
     subtitle; 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 
     subtitle;

[[Page S1604]]

       (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 subtitle 
     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 
     subtitle 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 subtitle 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 
     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. 1014. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 1015. SUNSET OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title shall terminate on December 31, 2011.

             Subtitle C--Credit for Certain Home Purchases

     SEC. 1021. 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

[[Page S1605]]

     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 Fix Housing First Act''.
       (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 Fix Housing 
     First Act''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

                   TITLE II--MIDDLE CLASS TAX RELIEF

     SEC. 2001. 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. 2002. 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.

                     TITLE III--BUSINESS TAX RELIEF

              Subtitle A--Temporary Investment Incentives

     SEC. 3001. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED 
                   DURING 2009.

       (a) Extension of Special Allowance.--
       (1) In general.--Paragraph (2) of section 168(k) is 
     amended--
       (A) by striking ``January 1, 2010'' and inserting ``January 
     1, 2011'', and
       (B) by striking ``January 1, 2009'' each place it appears 
     and inserting ``January 1, 2010''.
       (2) Conforming amendments.--
       (A) The heading for subsection (k) of section 168 is 
     amended by striking ``January 1, 2009'' and inserting 
     ``January 1, 2010''.
       (B) 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''.
       (C) Subparagraph (B) of section 168(l)(5) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2010''.
       (D) Subparagraph (C) of section 168(n)(2) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2010''.
       (E) Subparagraph (B) of section 1400N(d)(3) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2010''.
       (3) Technical amendment.--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 (iii), and
       (C) by inserting after clause (i) the following new clause:
       ``(ii) `April 1, 2008' shall be substituted for `January 1, 
     2008' in subparagraph (A)(iii)(I) thereof, and''.
       (b) 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.--The amendments made by subsection 
     (a)(3) shall apply to taxable years ending after March 31, 
     2008.

     SEC. 3002. 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.

            Subtitle B--5-Year Carryback of Operating Losses

     SEC. 3101. 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 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

[[Page S1606]]

     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) and by redesignating subsection (l) 
     as 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(k) 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. 3102. 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).

                  Subtitle C--Incentives for New Jobs

     SEC. 3201. INCENTIVES TO HIRE UNEMPLOYED VETERANS.

       (a) In General.--Subsection (d) of section 51 is amended by 
     adding at the end the following new paragraph:
       ``(14) Credit allowed for unemployed veterans hired in 2009 
     or 2010.--
       ``(A) In general.--Any unemployed veteran who begins work 
     for the employer during 2009 or 2010 shall be treated as a 
     member of a targeted group for purposes of this subpart.
       ``(B) Unemployed veteran.--For purposes of this paragraph, 
     the term `unemployed veteran' means any veteran (as defined 
     in paragraph (3)(B), determined without regard to clause (ii) 
     thereof) who is certified by the designated local agency as--
       ``(i) having been discharged or released from active duty 
     in the Armed Forces during 2008, 2009, or 2010, and
       ``(ii) being in receipt of unemployment compensation under 
     State or Federal law for not less than 4 weeks during the 1-
     year period ending on the hiring date.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after December 31, 2008.

                Subtitle D--Cancellation of Indebtedness

     SEC. 3301. DEFERRAL AND RATABLE INCLUSION OF INCOME ARISING 
                   FROM INDEBTEDNESS DISCHARGED BY THE REPURCHASE 
                   OF A DEBT INSTRUMENT.

       (a) In General.--Section 108 (relating to income from 
     discharge of indebtedness) is amended by adding at the end 
     the following new subsection:
       ``(i) Deferral and Ratable Inclusion of Income Arising From 
     Indebtedness Discharged by the Repurchase of a Debt 
     Instrument.--
       ``(1) In general.--At the election of the taxpayer, income 
     from the discharge of indebtedness in connection with the 
     repurchase of a debt instrument after December 31, 2008, and 
     before January 1, 2011, shall be includible in gross income 
     ratably over the 5-taxable-year period beginning with--
       ``(A) in the case of a repurchase occurring in 2009, the 
     fifth taxable year following the taxable year in which the 
     repurchase occurs, and
       ``(B) in the case of a repurchase occurring in 2010, the 
     fourth taxable year following the taxable year in which the 
     repurchase occurs.
       ``(2) Deferral of deduction for original issue discount in 
     debt for debt exchanges.--
       ``(A) In general.--If, as part of a repurchase to which 
     paragraph (1) applies, any debt instrument is issued for the 
     debt instrument being repurchased and there is any original 
     issue discount determined under subpart A of part V of 
     subchapter P of this chapter with respect to the debt 
     instrument so issued--
       ``(i) except as provided in clause (ii), no deduction 
     otherwise allowable under this chapter shall be allowed to 
     the issuer of such debt instrument with respect to the 
     portion of such original issue discount which--

       ``(I) accrues before the 1st taxable year in the 5-taxable-
     year period in which income from the discharge of 
     indebtedness attributable to the repurchase of the debt 
     instrument is includible under paragraph (1), and
       ``(II) does not exceed the income from the discharge of 
     indebtedness with respect to the debt instrument being 
     repurchased, and

       ``(ii) the aggregate amount of deductions disallowed under 
     clause (i) shall be allowed as a deduction ratably over the 
     5-taxable-year period described in clause (i)(I).
     If the amount of the original issue discount accruing before 
     such 1st taxable year exceeds the income from the discharge 
     of indebtedness with respect to the debt instrument being 
     repurchased, the deductions shall be disallowed in the order 
     in which the original issue discount is accrued.
       ``(B) Deemed debt for debt exchanges.--For purposes of 
     subparagraph (A), if any debt instrument is issued by an 
     issuer and the proceeds of such debt instrument are used 
     directly or indirectly by the issuer to repurchase a debt 
     instrument of the issuer, the debt instrument so issued shall 
     be treated as issued for the debt instrument being 
     repurchased. If only a portion of the proceeds from a debt 
     instrument are so used, the rules of subparagraph (A) shall 
     apply to the portion of any original issue discount on the 
     newly issued debt instrument which is equal to the portion of 
     the proceeds from such instrument used to repurchase the 
     outstanding instrument.
       ``(3) Debt instrument.--For purposes of this subsection, 
     the term `debt instrument' means a bond, debenture, note, 
     certificate, or any other instrument or contractual 
     arrangement constituting indebtedness (within the meaning of 
     section 1275(a)(1)).
       ``(4) Repurchase.--For purposes of this subsection, the 
     term `repurchase' means, with respect to any debt instrument, 
     any acquisition of the debt instrument by--
       ``(A) the debtor which issued (or is otherwise the obligor 
     under) the debt instrument, or
       ``(B) any person related to such debtor.
     Such term shall also include the complete forgiveness of the 
     indebtedness by the holder of the debt instrument. For 
     purposes of subparagraph (B), the determination of whether a 
     person is related to another person shall be made in the same 
     manner as under subsection (e)(4). For purposes of this 
     paragraph, the term `acquisition' shall include any 
     acquisition for cash, the exchange of a debt instrument for a 
     debt instrument, the exchange of a debt instrument for 
     corporate stock or partnership interest, as a contribution of 
     the debt instrument to capital, and any significant 
     modification of the debt instrument within the meaning of 
     section 1001.
       ``(5) Other definitions and rules.--For purposes of this 
     subsection--
       ``(A) Related person.--The determination of whether a 
     person is related to another person shall be made in the same 
     manner as under subsection (e)(4).
       ``(B) Election.--
       ``(i) In general.--An issuer of a debt instrument shall 
     make the election under this subsection with respect to any 
     debt instrument by clearly identifying such debt instrument 
     on the issuer's records as an instrument to which the 
     election applies before the close of the day on which the 
     repurchase of the debt instrument occurs (or such other time 
     as the Secretary may prescribe). Such election, once made, is 
     irrevocable.
       ``(ii) Pass through entities.--In the case of a 
     partnership, S corporation, or other pass through entity, the 
     election under this subsection shall be made by the 
     partnership, the S corporation, or other entity involved.
       ``(C) Coordination with exclusions for title 11 or 
     insolvency.--If a taxpayer elects to have this subsection 
     apply to a debt instrument, subparagraph (A) or (B) of 
     subsection (a)(1) shall not apply to the income from the 
     discharge of such indebtedness for the taxable year of the 
     election or any subsequent taxable year.
       ``(D) Acceleration of deferred items.--In the case of the 
     death of the taxpayer, the liquidation or sale of 
     substantially all the assets of the taxpayer (including in a 
     title 11 or

[[Page S1607]]

     similar case), the cessation of business by the taxpayer, or 
     similar circumstances, any item of income or deduction which 
     is deferred under this subsection (and has not previously 
     been taken into account) shall be taken into account in the 
     taxable year in which such event occurs (or in the case of a 
     title 11 case, the day before the petition is filed).
       ``(6) Authority to prescribe regulations.--The Secretary 
     may prescribe such rules and regulations as may be necessary 
     or appropriate for purposes of applying this subsection.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to discharges in taxable years ending after 
     December 31, 2008.

               Subtitle E--Qualified Small Business Stock

     SEC. 3401. MODIFICATIONS TO EXCLUSION FOR GAIN FROM CERTAIN 
                   SMALL BUSINESS STOCK.

       (a) Temporary Increase in Exclusion.--Section 1202(a) 
     (relating to exclusion) is amended by adding at the end the 
     following new paragraph:
       ``(3) Special rule for stock acquired before 2011.--In the 
     case of qualified small business stock acquired after the 
     date of the enactment of this paragraph and before January 1, 
     2011--
       ``(A) paragraph (1) shall be applied by substituting `100 
     percent' for `50 percent', and
       ``(B) paragraph (2) shall not apply.''.
       (b) Increase in Limitation.--
       (1) In general.--Subparagraph (A) of section 1202(b)(1) is 
     amended by striking ``$10,000,000'' and inserting 
     ``$15,000,000''.
       (2) Married individuals.--Subparagraph (A) of section 
     1202(b)(3) is amended by striking ``paragraph (1)(A) shall be 
     applied by substituting `$5,000,000' for `$10,000,000' '' and 
     inserting ``the amount under paragraph (1)(A) shall be half 
     of the amount otherwise in effect''.
       (c) Modification of Definition of Qualified Small 
     Business.--Section 1202(d)(1) is amended by striking 
     ``$50,000,000'' each place it appears and inserting 
     ``$75,000,000''.
       (d) Inflation Adjustments.--Section 1202 is amended by 
     redesignating subsection (k) as subsection (l) and by 
     inserting after subsection (j) the following new subsection:
       ``(k) Inflation Adjustment.--
       ``(1) In general.--In the case of any taxable year 
     beginning after 2009, the $15,000,000 amount in subsection 
     (b)(1)(A), the $75,000,000 amount in subsection (d)(1)(A), 
     and the $75,000,000 amount in subsection (d)(1)(B) shall each 
     be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) 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.
       ``(2) Rounding.--If any amount as adjusted under paragraph 
     (1) is not a multiple of $1,000,000 such amount shall be 
     rounded to the next lowest multiple of $1,000,000.''.
       (e) Nonapplication of Minimum Tax.--Section 57(a)(7) is 
     amended by inserting ``(other than by reason of subsection 
     (a)(3) thereof)'' after ``section 1202''.
       (f) Effective Dates.--
       (1) Exclusion; qualified small business; minimum tax.--The 
     amendments made by subsections (a), (c), and (d) shall apply 
     to stock acquired after the date of the enactment of this 
     Act.
       (2) Limitation; inflation adjustment.--The amendments made 
     by subsections (b) and (d) shall apply to taxable years 
     ending after the date of the enactment of this Act.

                       Subtitle F--S Corporations

     SEC. 3501. TEMPORARY REDUCTION IN RECOGNITION PERIOD FOR 
                   BUILT-IN GAINS TAX.

       (a) In General.--Paragraph (7) of section 1374(d) (relating 
     to definitions and special rules) is amended to read as 
     follows:
       ``(7) Recognition period.--
       ``(A) In general.--The term `recognition period' means the 
     10-year period beginning with the 1st day of the 1st taxable 
     year for which the corporation was an S corporation.
       ``(B) Special rule for 2009 and 2010.--In the case of any 
     taxable year beginning in 2009 or 2010, no tax shall be 
     imposed on the net unrecognized built-in gain of an S 
     corporation if the 7th taxable year in the recognition period 
     preceded such taxable year. The preceding sentence shall be 
     applied separately with respect to any asset to which 
     paragraph (8) applies.
       ``(C) Special rule for distributions to shareholders.--For 
     purposes of applying this section to any amount includible in 
     income by reason of distributions to shareholders pursuant to 
     section 593(e)--
       ``(i) subparagraph (A) shall be applied without regard to 
     the phrase `10-year', and
       ``(ii) subparagraph (B) shall not apply.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

                    Subtitle G--Broadband Incentives

     SEC. 3601. BROADBAND INTERNET ACCESS TAX CREDIT.

       (a) In General.--Subpart E of part IV of chapter 1 
     (relating to rules for computing investment credit) is 
     amended by inserting after section 48C the following new 
     section:

     ``SEC. 48C. BROADBAND INTERNET ACCESS CREDIT.

       ``(a) General Rule.--For purposes of section 46, the 
     broadband credit for any taxable year is the sum of--
       ``(1) the current generation broadband credit, plus
       ``(2) the next generation broadband credit.
       ``(b) Current Generation Broadband Credit; Next Generation 
     Broadband Credit.--For purposes of this section--
       ``(1) Current generation broadband credit.--The current 
     generation broadband credit for any taxable year is equal to 
     10 percent (20 percent in the case of qualified subscribers 
     which are unserved subscribers) of the qualified broadband 
     expenditures incurred with respect to qualified equipment 
     providing current generation broadband services to qualified 
     subscribers and taken into account with respect to such 
     taxable year.
       ``(2) Next generation broadband credit.--The next 
     generation broadband credit for any taxable year is equal to 
     20 percent of the qualified broadband expenditures incurred 
     with respect to qualified equipment providing next generation 
     broadband services to qualified subscribers and taken into 
     account with respect to such taxable year.
       ``(c) When Expenditures Taken Into Account.--For purposes 
     of this section--
       ``(1) In general.--Qualified broadband expenditures with 
     respect to qualified equipment shall be taken into account 
     with respect to the first taxable year in which--
       ``(A) current generation broadband services are provided 
     through such equipment to qualified subscribers, or
       ``(B) next generation broadband services are provided 
     through such equipment to qualified subscribers.
       ``(2) Limitation.--
       ``(A) In general.--Qualified broadband expenditures shall 
     be taken into account under paragraph (1) only with respect 
     to qualified equipment--
       ``(i) the original use of which commences with the 
     taxpayer, and
       ``(ii) which is placed in service, after December 31, 2008, 
     and before January 1, 2011.
       ``(B) Sale-leasebacks.--For purposes of subparagraph (A), 
     if property--
       ``(i) is originally placed in service after December 31, 
     2008, by any person, and
       ``(ii) sold and leased back by such person within 3 months 
     after the date such property was originally placed in 
     service,
     such property shall be treated as originally placed in 
     service not earlier than the date on which such property is 
     used under the leaseback referred to in clause (ii).
       ``(d) Special Allocation Rules for Current Generation 
     Broadband Services.--For purposes of determining the current 
     generation broadband credit under subsection (a)(1) with 
     respect to qualified equipment through which current 
     generation broadband services are provided, if the qualified 
     equipment is capable of serving both qualified subscribers 
     and other subscribers, the qualified broadband expenditures 
     shall be multiplied by a fraction--
       ``(1) the numerator of which is the sum of the number of 
     potential qualified subscribers within the rural areas and 
     the underserved areas and the unserved areas which the 
     equipment is capable of serving with current generation 
     broadband services, and
       ``(2) the denominator of which is the total potential 
     subscriber population of the area which the equipment is 
     capable of serving with current generation broadband 
     services.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Antenna.--The term `antenna' means any device used to 
     transmit or receive signals through the electromagnetic 
     spectrum, including satellite equipment.
       ``(2) Cable operator.--The term `cable operator' has the 
     meaning given such term by section 602(5) of the 
     Communications Act of 1934 (47 U.S.C. 522(5)).
       ``(3) Commercial mobile service carrier.--The term 
     `commercial mobile service carrier' means any person 
     authorized to provide commercial mobile radio service as 
     defined in section 20.3 of title 47, Code of Federal 
     Regulations.
       ``(4) Current generation broadband service.--The term 
     `current generation broadband service' means the transmission 
     of signals at a rate of at least 5,000,000 bits per second to 
     the subscriber and at least 1,000,000 bits per second from 
     the subscriber (at least 3,000,000 bits per second to the 
     subscriber and at least 768,000 bits per second from the 
     subscriber in the case of service through radio transmission 
     of energy).
       ``(5) Multiplexing or demultiplexing.--The term 
     `multiplexing' means the transmission of 2 or more signals 
     over a single channel, and the term `demultiplexing' means 
     the separation of 2 or more signals previously combined by 
     compatible multiplexing equipment.
       ``(6) Next generation broadband service.--The term `next 
     generation broadband service' means the transmission of 
     signals at a rate of at least 100,000,000 bits per second to 
     the subscriber (or its equivalent when the data rate is 
     measured before being compressed for transmission) and at 
     least 20,000,000 bits per second from the subscriber (or its 
     equivalent as so measured).
       ``(7) Nonresidential subscriber.--The term `nonresidential 
     subscriber' means any person who purchases broadband services 
     which are delivered to the permanent place of business of 
     such person.
       ``(8) Open video system operator.--The term `open video 
     system operator' means any person authorized to provide 
     service under section 653 of the Communications Act of 1934 
     (47 U.S.C. 573).
       ``(9) Other wireless carrier.--The term `other wireless 
     carrier' means any person

[[Page S1608]]

     (other than a telecommunications carrier, commercial mobile 
     service carrier, cable operator, open video system operator, 
     or satellite carrier) providing current generation broadband 
     services or next generation broadband service to subscribers 
     through the radio transmission of energy.
       ``(10) Packet switching.--The term `packet switching' means 
     controlling or routing the path of a digitized transmission 
     signal which is assembled into packets or cells.
       ``(11) Provider.--The term `provider' means, with respect 
     to any qualified equipment any--
       ``(A) cable operator,
       ``(B) commercial mobile service carrier,
       ``(C) open video system operator,
       ``(D) satellite carrier,
       ``(E) telecommunications carrier, or
       ``(F) other wireless carrier,
     providing current generation broadband services or next 
     generation broadband services to subscribers through such 
     qualified equipment.
       ``(12) Provision of services.--A provider shall be treated 
     as providing services to 1 or more subscribers if--
       ``(A) such a subscriber has been passed by the provider's 
     equipment and can be connected to such equipment for a 
     standard connection fee,
       ``(B) the provider is physically able to deliver current 
     generation broadband services or next generation broadband 
     services, as applicable, to such a subscriber without making 
     more than an insignificant investment with respect to such 
     subscriber,
       ``(C) the provider has made reasonable efforts to make such 
     subscribers aware of the availability of such services,
       ``(D) such services have been purchased by 1 or more such 
     subscribers, and
       ``(E) such services are made available to such subscribers 
     at average prices comparable to those at which the provider 
     makes available similar services in any areas in which the 
     provider makes available such services.
       ``(13) Qualified equipment.--
       ``(A) In general.--The term `qualified equipment' means 
     property with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable and which provides 
     current generation broadband services or next generation 
     broadband services--
       ``(i) at least a majority of the time during periods of 
     maximum demand to each subscriber who is utilizing such 
     services, and
       ``(ii) in a manner substantially the same as such services 
     are provided by the provider to subscribers through equipment 
     with respect to which no credit is allowed under subsection 
     (a)(1).
       ``(B) Only certain investment taken into account.--Except 
     as provided in subparagraph (C) or (D), equipment shall be 
     taken into account under subparagraph (A) only to the extent 
     it--
       ``(i) extends from the last point of switching to the 
     outside of the unit, building, dwelling, or office owned or 
     leased by a subscriber in the case of a telecommunications 
     carrier or broadband-over-powerline operator,
       ``(ii) extends from the customer side of the mobile 
     telephone switching office to a transmission/receive antenna 
     (including such antenna) owned or leased by a subscriber in 
     the case of a commercial mobile service carrier,
       ``(iii) extends from the customer side of the headend to 
     the outside of the unit, building, dwelling, or office owned 
     or leased by a subscriber in the case of a cable operator or 
     open video system operator, or
       ``(iv) extends from a transmission/receive antenna 
     (including such antenna) which transmits and receives signals 
     to or from multiple subscribers, to a transmission/receive 
     antenna (including such antenna) on the outside of the unit, 
     building, dwelling, or office owned or leased by a subscriber 
     in the case of a satellite carrier or other wireless carrier, 
     unless such other wireless carrier is also a 
     telecommunications carrier.
       ``(C) Packet switching equipment.--Packet switching 
     equipment, regardless of location, shall be taken into 
     account under subparagraph (A) only if it is deployed in 
     connection with equipment described in subparagraph (B) and 
     is uniquely designed to perform the function of packet 
     switching for current generation broadband services or next 
     generation broadband services, but only if such packet 
     switching is the last in a series of such functions performed 
     in the transmission of a signal to a subscriber or the first 
     in a series of such functions performed in the transmission 
     of a signal from a subscriber.
       ``(D) Multiplexing and demultiplexing equipment.--
     Multiplexing and demultiplexing equipment shall be taken into 
     account under subparagraph (A) only to the extent it is 
     deployed in connection with equipment described in 
     subparagraph (B) and is uniquely designed to perform the 
     function of multiplexing and demultiplexing packets or cells 
     of data and making associated application adaptions, but only 
     if such multiplexing or demultiplexing equipment is located 
     between packet switching equipment described in subparagraph 
     (C) and the subscriber's premises.
       ``(14) Qualified broadband expenditure.--
       ``(A) In general.--The term `qualified broadband 
     expenditure' means any amount--
       ``(i) chargeable to capital account with respect to the 
     purchase and installation of qualified equipment (including 
     any upgrades thereto) for which depreciation is allowable 
     under section 168, and
       ``(ii) incurred after December 31, 2008, and before January 
     1, 2011.
       ``(B) Certain satellite expenditures excluded.--Such term 
     shall not include any expenditure with respect to the 
     launching of any satellite equipment.
       ``(C) Leased equipment.--Such term shall include so much of 
     the purchase price paid by the lessor of equipment subject to 
     a lease described in subsection (c)(2)(B) as is attributable 
     to expenditures incurred by the lessee which would otherwise 
     be described in subparagraph (A).
       ``(15) Qualified subscriber.--The term `qualified 
     subscriber' means--
       ``(A) with respect to the provision of current generation 
     broadband services--
       ``(i) any nonresidential subscriber maintaining a permanent 
     place of business in a rural area, an underserved area, or an 
     unserved area, or
       ``(ii) any residential subscriber residing in a dwelling 
     located in a rural area, an underserved area, or an unserved 
     area which is not a saturated market, and
       ``(B) with respect to the provision of next generation 
     broadband services--
       ``(i) any nonresidential subscriber maintaining a permanent 
     place of business in a rural area, an underserved area, or an 
     unserved area , or
       ``(ii) any residential subscriber.
       ``(16) Residential subscriber.--The term `residential 
     subscriber' means any individual who purchases broadband 
     services which are delivered to such individual's dwelling.
       ``(17) Rural area.--The term `rural area' means any census 
     tract which--
       ``(A) is not within 10 miles of any incorporated or census 
     designated place containing more than 25,000 people, and
       ``(B) is not within a county or county equivalent which has 
     an overall population density of more than 500 people per 
     square mile of land.
       ``(18) Rural subscriber.--The term `rural subscriber' means 
     any residential subscriber residing in a dwelling located in 
     a rural area or nonresidential subscriber maintaining a 
     permanent place of business located in a rural area.
       ``(19) Satellite carrier.--The term `satellite carrier' 
     means any person using the facilities of a satellite or 
     satellite service licensed by the Federal Communications 
     Commission and operating in the Fixed-Satellite Service under 
     part 25 of title 47 of the Code of Federal Regulations or the 
     Direct Broadcast Satellite Service under part 100 of title 47 
     of such Code to establish and operate a channel of 
     communications for distribution of signals, and owning or 
     leasing a capacity or service on a satellite in order to 
     provide such point-to-multipoint distribution.
       ``(20) Saturated market.--The term `saturated market' means 
     any census tract in which, as of the date of the enactment of 
     this section--
       ``(A) current generation broadband services have been 
     provided by a single provider to 85 percent or more of the 
     total number of potential residential subscribers residing in 
     dwellings located within such census tract, and
       ``(B) such services can be utilized--
       ``(i) at least a majority of the time during periods of 
     maximum demand by each such subscriber who is utilizing such 
     services, and
       ``(ii) in a manner substantially the same as such services 
     are provided by the provider to subscribers through equipment 
     with respect to which no credit is allowed under subsection 
     (a)(1).
       ``(21) Subscriber.--The term `subscriber' means any person 
     who purchases current generation broadband services or next 
     generation broadband services.
       ``(22) Telecommunications carrier.--The term 
     `telecommunications carrier' has the meaning given such term 
     by section 3(44) of the Communications Act of 1934 (47 U.S.C. 
     153(44)), but--
       ``(A) includes all members of an affiliated group of which 
     a telecommunications carrier is a member, and
       ``(B) does not include any commercial mobile service 
     carrier.
       ``(23) Total potential subscriber population.--The term 
     `total potential subscriber population' means, with respect 
     to any area and based on the most recent census data, the 
     total number of potential residential subscribers residing in 
     dwellings located in such area and potential nonresidential 
     subscribers maintaining permanent places of business located 
     in such area.
       ``(24) Underserved area.--The term `underserved area' means 
     any census tract which is located in--
       ``(A) an empowerment zone or enterprise community 
     designated under section 1391,
       ``(B) the District of Columbia Enterprise Zone established 
     under section 1400,
       ``(C) a renewal community designated under section 1400E, 
     or
       ``(D) a low-income community designated under section 45D.
       ``(25) Underserved subscriber.--The term `underserved 
     subscriber' means any residential subscriber residing in a 
     dwelling located in an underserved area or nonresidential 
     subscriber maintaining a permanent place of business located 
     in an underserved area.
       ``(26) Unserved area.--The term `unserved area' means any 
     census tract in which no current generation broadband 
     services are provided, as certified by the State in which 
     such tract is located not later than September 30, 2009.
       ``(27) Unserved subscriber.--The term `unserved subscriber' 
     means any residential subscriber residing in a dwelling 
     located in

[[Page S1609]]

     an unserved area or nonresidential subscriber maintaining a 
     permanent place of business located in an unserved area.''.
       (b) Credit to Be Part of Investment Credit.--Section 46 
     (relating to the amount of investment credit) is amended by 
     striking ``and'' at the end of paragraph (3), by striking the 
     period at the end of paragraph (4) and inserting ``, and'', 
     and by adding at the end the following:
       ``(5) the broadband Internet access credit.''
       (c) Special Rule for Mutual or Cooperative Telephone 
     Companies.--Section 501(c)(12)(B) (relating to list of exempt 
     organizations) is amended by striking ``or'' at the end of 
     clause (iii), by striking the period at the end of clause 
     (iv) and inserting ``, or'', and by adding at the end the 
     following new clause:
       ``(v) from the sale of property subject to a lease 
     described in section 48C(c)(2)(B), but only to the extent 
     such income does not in any year exceed an amount equal to 
     the credit for qualified broadband expenditures which would 
     be determined under section 48C for such year if the mutual 
     or cooperative telephone company was not exempt from taxation 
     and was treated as the owner of the property subject to such 
     lease.''.
       (d) Conforming Amendments.--
       (1) Section 49(a)(1)(C) is amended by striking ``and'' at 
     the end of clause (iii), by striking the period at the end of 
     clause (iv) and inserting ``, and'', and by adding after 
     clause (iv) the following new clause:
       ``(v) the portion of the basis of any qualified equipment 
     attributable to qualified broadband expenditures under 
     section 48C.''.
       (2) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 48B the following:

``Sec. 48C. Broadband internet access credit''.
       (e) Designation of Census Tracts.--
       (1) In general.--The Secretary of the Treasury shall, not 
     later than 90 days after the date of the enactment of this 
     Act, designate and publish those census tracts meeting the 
     criteria described in paragraphs (17), (23), (24), and (26) 
     of section 48C(e) of the Internal Revenue Code of 1986 (as 
     added by this section). In making such designations, the 
     Secretary of the Treasury shall consult with such other 
     departments and agencies as the Secretary determines 
     appropriate.
       (2) Saturated market.--
       (A) In general.--For purposes of designating and publishing 
     those census tracts meeting the criteria described in 
     subsection (e)(20) of such section 48C--
       (i) the Secretary of the Treasury shall prescribe not later 
     than 30 days after the date of the enactment of this Act the 
     form upon which any provider which takes the position that it 
     meets such criteria with respect to any census tract shall 
     submit a list of such census tracts (and any other 
     information required by the Secretary) not later than 60 days 
     after the date of the publication of such form, and
       (ii) the Secretary of the Treasury shall publish an 
     aggregate list of such census tracts submitted and the 
     applicable providers not later than 30 days after the last 
     date such submissions are allowed under clause (i).
       (B) No subsequent lists required.--The Secretary of the 
     Treasury shall not be required to publish any list of census 
     tracts meeting such criteria subsequent to the list described 
     in subparagraph (A)(ii).
       (C) Authority to disregard false submissions.--In addition 
     to imposing any other applicable penalties, the Secretary of 
     the Treasury shall have the discretion to disregard any form 
     described in subparagraph (A)(i) on which a provider 
     knowingly submitted false information.
       (f) Other Regulatory Matters.--
       (1) Prohibition.--No Federal or State agency or 
     instrumentality shall adopt regulations or ratemaking 
     procedures that would have the effect of eliminating or 
     reducing any credit or portion thereof allowed under section 
     48C of the Internal Revenue Code of 1986 (as added by this 
     section) or otherwise subverting the purpose of this section.
       (2) Treasury regulatory authority.--It is the intent of 
     Congress in providing the broadband Internet access credit 
     under section 48C of the Internal Revenue Code of 1986 (as 
     added by this section) to provide incentives for the 
     purchase, installation, and connection of equipment and 
     facilities offering expanded broadband access to the Internet 
     for users in certain low income and rural areas of the United 
     States, as well as to residential users nationwide, in a 
     manner that maintains competitive neutrality among the 
     various classes of providers of broadband services. 
     Accordingly, the Secretary of the Treasury shall prescribe 
     such regulations as may be necessary or appropriate to carry 
     out the purposes of section 48C of such Code, including--
       (A) regulations to determine how and when a taxpayer that 
     incurs qualified broadband expenditures satisfies the 
     requirements of section 48C of such Code to provide broadband 
     services, and
       (B) regulations describing the information, records, and 
     data taxpayers are required to provide the Secretary to 
     substantiate compliance with the requirements of section 48C 
     of such Code.
       (g) Effective Date.--The amendments made by this section 
     shall apply to expenditures incurred after December 31, 2008.

  Subtitle H--Clarification of Regulations Related to Limitations on 
         Certain Built-in Losses Following an Ownership Change

     SEC. 3701. CLARIFICATION OF REGULATIONS RELATED TO 
                   LIMITATIONS ON CERTAIN BUILT-IN LOSSES 
                   FOLLOWING AN OWNERSHIP CHANGE.

       (a) Findings.--Congress finds as follows:
       (1) The delegation of authority to the Secretary of the 
     Treasury under section 382(m) of the Internal Revenue Code of 
     1986 does not authorize the Secretary to provide exemptions 
     or special rules that are restricted to particular industries 
     or classes of taxpayers.
                                 ______
                                 
  SA 354. Mr. DODD 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; which was 
ordered to lie on the table; as follows:

       At the end of division B, add the following:

               TITLE VI--EXECUTIVE COMPENSATION OVERSIGHT

     SEC. 6001. DEFINITIONS.

       For purposes of this title, the following definitions shall 
     apply:
       (1) Senior executive officer.--The term ``senior executive 
     officer'' means an individual who is 1 of the top 5 most 
     highly paid executives of a public company, whose 
     compensation is required to be disclosed pursuant to the 
     Securities Exchange Act of 1934, and any regulations issued 
     thereunder, and non-public company counterparts.
       (2) Golden parachute payment.--The term ``golden parachute 
     payment'' means any payment to a senior executive officer for 
     departure from a company for any reason, except for payments 
     for services performed or benefits accrued.
       (3) TARP.--The term ``TARP'' means the Troubled Asset 
     Relief Program established under the Emergency Economic 
     Stabilization Act of 2008 (Public Law 110-343, 12 U.S.C. 5201 
     et seq.).
       (4) TARP recipient.--The term ``TARP recipient'' means any 
     entity that has received or will receive financial assistance 
     under the financial assistance provided under the TARP.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (6) Commission.--The term ``Commission'' means the 
     Securities and Exchange Commission.

     SEC. 6002. EXECUTIVE COMPENSATION AND CORPORATE GOVERNANCE.

       (a) In General.--During the period in which any obligation 
     arising from financial assistance provided under the TARP 
     remains outstanding, each TARP recipient shall be subject 
     to--
       (1) the standards established by the Secretary under this 
     title; and
       (2) the provisions of section 162(m)(5) of the Internal 
     Revenue Code of 1986, as applicable.
       (b) Standards Required.--The Secretary shall require each 
     TARP recipient to meet appropriate standards for executive 
     compensation and corporate governance.
       (c) Specific Requirements.--The standards established under 
     subsection (b) shall include--
       (1) limits on compensation that exclude incentives for 
     senior executive officers of the TARP recipient to take 
     unnecessary and excessive risks that threaten the value of 
     such recipient during the period that any obligation arising 
     from TARP assistance is outstanding;
       (2) a provision for the recovery by such TARP recipient of 
     any bonus, retention award, or incentive compensation paid to 
     a senior executive officer and any of the next 20 most 
     highly-compensated employees of the TARP recipient based on 
     statements of earnings, revenues, gains, or other criteria 
     that are later found to be materially inaccurate;
       (3) a prohibition on such TARP recipient making any golden 
     parachute payment to a senior executive officer or any of the 
     next 5 most highly-compensated employees of the TARP 
     recipient during the period that any obligation arising from 
     TARP assistance is outstanding;
       (4) a prohibition on such TARP recipient paying or accruing 
     any bonus, retention award, or incentive compensation during 
     the period that the obligation is outstanding to at least the 
     25 most highly-compensated employees, or such higher number 
     as the Secretary may determine is in the public interest with 
     respect to any TARP recipient;
       (5) a prohibition on any compensation plan that would 
     encourage manipulation of the reported earnings of such TARP 
     recipient to enhance the compensation of any of its 
     employees; and
       (6) a requirement for the establishment of a Board 
     Compensation Committee that meets the requirements of section 
     6003.
       (d) Certification of Compliance.--The chief executive 
     officer and chief financial officer (or the equivalents 
     thereof) of each TARP recipient shall provide a written 
     certification of compliance by the TARP recipient with the 
     requirements of this title--
       (1) in the case of a TARP recipient, the securities of 
     which are publicly traded, to the Securities and Exchange 
     Commission, together with annual filings required under the 
     securities laws; and

[[Page S1610]]

       (2) in the case of a TARP recipient that is not a publicly 
     traded company, to the Secretary.

     SEC. 6003. BOARD COMPENSATION COMMITTEE.

       (a) Establishment of Board Required.--Each TARP recipient 
     shall establish a Board Compensation Committee, comprised 
     entirely of independent directors, for the purpose of 
     reviewing employee compensation plans.
       (b) Meetings.--The Board Compensation Committee of each 
     TARP recipient shall meet at least semiannually to discuss 
     and evaluate employee compensation plans in light of an 
     assessment of any risk posed to the TARP recipient from such 
     plans.

     SEC. 6004. LIMITATION ON LUXURY EXPENDITURES.

       (a) Policy Required.--The board of directors of any TARP 
     recipient shall have in place a company-wide policy regarding 
     excessive or luxury expenditures, as identified by the 
     Secretary, which may include excessive expenditures on--
       (1) entertainment or events;
       (2) office and facility renovations;
       (3) aviation or other transportation services; or
       (4) other activities or events that are not reasonable 
     expenditures for conferences, staff development, reasonable 
     performance incentives, or other similar measures conducted 
     in the normal course of the business operations of the TARP 
     recipient.

     SEC. 6005. SHAREHOLDER APPROVAL OF EXECUTIVE COMPENSATION.

       (a) Annual Shareholder Approval of Executive 
     Compensation.--Any proxy or consent or authorization for an 
     annual or other meeting of the shareholders of any TARP 
     recipient during the period in which any obligation arising 
     from financial assistance provided under the TARP remains 
     outstanding shall permit a separate shareholder vote to 
     approve the compensation of executives, as disclosed pursuant 
     to the compensation disclosure rules of the Commission (which 
     disclosure shall include the compensation discussion and 
     analysis, the compensation tables, and any related material).
       (b) Nonbinding Vote.--A shareholder vote described in 
     subsection (a) shall not be binding on the board of directors 
     of a TARP recipient, and may not be construed as overruling a 
     decision by such board, nor to create or imply any additional 
     fiduciary duty by such board, nor shall such vote be 
     construed to restrict or limit the ability of shareholders to 
     make proposals for inclusion in proxy materials related to 
     executive compensation.
       (c) Deadline for Rulemaking.--Not later than 1 year after 
     the date of enactment of this Act, the Commission shall issue 
     any final rules and regulations required by this section.

     SEC. 6006. REVIEW OF PRIOR PAYMENTS TO EXECUTIVES.

       (a) In General.--The Secretary shall review bonuses, 
     retention awards, and other compensation paid to employees of 
     each entity receiving TARP assistance before the date of 
     enactment of this Act to determine whether any such payments 
     were excessive, inconsistent with the purposes of this Act or 
     the TARP, or otherwise contrary to the public interest.
       (b) Negotiations for Reimbursement.--If the Secretary makes 
     a determination described in subsection (a), the Secretary 
     shall seek to negotiate with the TARP recipient and the 
     subject employee for appropriate reimbursements to the 
     Federal Government with respect to compensation or bonuses.
                                 ______
                                 
  SA 355. Ms. CANTWELL (for herself and 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 86, line 3, strike ``a new subparagraph (E)'' and 
     insert ``the following''.
       On page 86, line 23, strike the closing quotation marks and 
     the following period.
       On page 86, between lines 23 and 24, insert the following:
       ``(F) Open protocols and standards.--As a condition of 
     receiving funding under this subsection, the Secretary shall 
     require that demonstration projects use open protocols and 
     standards, to the extent available and appropriate.''.
       On page 87, between lines 18 and 19, insert the following:
       ``(2) require as a condition of receiving a grant under 
     this section that grant recipients use open protocols and 
     standards, to the extent available and appropriate;''.
       On page 87, line 19, strike ``(2)'' and insert ``(3)''.
       On page 88, line 1, strike ``(3)'' and insert ``(4)''.
       On page 88, line 4, strike ``(4)'' and insert ``(5)''.
       On page 88, line 7, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 356. 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:

       On page 46, line 5, insert ``, of which not less than 5 
     percent shall be used to provide those services to Indian 
     tribes'' before the period at the end.
                                 ______
                                 
  SA 357. 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:

       On page 69, strike lines 5 through 9 and insert the 
     following:

     Bay-Delta Restoration Act (Public Law 108-361; 118 Stat. 
     1681): Provided further, That not less than $300,000,000 of 
     the funds provided under this heading shall be used for 
     congressionally authorized tribal and nontribal rural water 
     projects, of which not less than $60,000,000 shall be used 
     primarily for water intake and treatment facilities for those 
     projects: Provided further,
                                 ______
                                 
  SA 358. 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:

       On page 119, line 17, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 359. 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:

       On page 485, strike lines 23 through 26, and insert the 
     following:

       (I) having been discharged or released from active duty in 
     the Armed Forces during the period beginning on September 1, 
     2001, and ending on December 31, 2010, and

                                 ______
                                 
  SA 360. Mr. ROCKEFELLER 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. ------. 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,''.

[[Page S1611]]

       (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 361. Mr. ROCKEFELLER 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:


                    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.
                                 ______
                                 
  SA 362. Mr. REID (for Mr. Kennedy (for himself, and 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 541, after line 20, insert the following:

     SEC. ___. QUALIFIED COMMUNITY HEALTH CENTER BONDS.

       (a) Qualified Community Health Center Bonds Treated as 
     State and Local Bonds.--
       (1) In general.--Section 150 is amended by adding at the 
     end the following new subsection :
       ``(f) Qualified Community Health Center Bond.--For purposes 
     of this part and section 103--
       ``(1) Treatment as state or local bond.--A qualified 
     community health center bond shall be treated as a State or 
     local bond.
       ``(2) Qualified community health center bond defined.--The 
     term `qualified community health center bond' means a bond 
     issued as part of an issue by a qualified community health 
     issuer 95 percent or more of the net proceeds of which are to 
     be used by a qualified community health organization to 
     finance capital expenditures with respect to a qualified 
     community health facility.
       ``(3) Qualified community health organization defined.--A 
     qualified community health organization is an organization 
     which--
       ``(A) is described in section 501(c)(3) and exempt from tax 
     under section 501(a),
       ``(B) is incorporated in a State in which at least one 
     qualified community health facility owned by such 
     organization is located, and
       ``(C) constitutes a health center within the meaning of 
     section 330 of the Public Health Service Act.
       ``(4) Qualified community health issuer defined.--The term 
     `qualified community health issuer' means an entity--
       ``(A) which is established and owned exclusively by the 
     National Association of Community Health Centers,
       ``(B) which is disregarded under section 7701 as an entity 
     separate from the National Association of Community Health 
     Centers, and
       ``(C) one of the primary purposes of which, as set forth in 
     the documents relating to its formation, is to issue 
     qualified community health center bonds.
       ``(5) Qualified community health facility defined.--The 
     term `qualified community health facility' means property 
     owned and used by a qualified community health organization 
     to provide health care services to all residents who request 
     the provision of health care services the operation of which 
     is subject to sections 330 and 330A of the Public Health 
     Service Act.
       ``(6) Treatment of issuer as other than taxable mortgage 
     pool.--Neither the National Association of Community Health 
     Centers, nor a qualified community health issuer, nor any 
     portion thereof shall be treated as a taxable mortgage pool 
     under section 7701(i) with respect to any issue of qualified 
     community health center bonds.''.
       (2) Coordination with public approval requirement.--
     Subsection (f) of section 147 is amended by adding at the end 
     the following new paragraph:
       ``(5) Special rules for qualified community health center 
     bonds.--In the case of a qualified community health center 
     bond, any governmental unit in which the qualified community 
     health facility financed by the qualified community health 
     center bonds is located may be treated for purposes of 
     paragraph (2) as the governmental unit on behalf of which 
     such qualified community health center bonds are issued.''.
       (3) No federal guarantee.--Subparagraph (A) of section 
     149(b)(3) is amended by striking ``or'' at the end of clause 
     (iii), by striking the period at the end of clause (iv) and 
     inserting ``, or'' and by adding at the end the following new 
     clause:
       ``(v) any guarantee of a qualified community health center 
     bond for a qualified community health facility which is made 
     under title XVI of the Public Health Service Act (or a 
     renewal or extension of a guarantee so made).''.
       (4) Effective date.--The amendments made by this section 
     shall apply to bonds issued after the date of the enactment 
     of this Act.
       (b) Loans and Loan Guarantees Under the Public Health 
     Service Act.--
       (1) Authority for loans and loan guarantees.--Section 1601 
     of the Public Health Service Act (42 U.S.C. 300q) is 
     amended--
       (A) in subsection (a)(2), by adding at the end the 
     following:
       ``(C) In addition to authorizing loan guarantees, the 
     Secretary may--
       ``(i) guarantee tax exempt bonds for the purpose of 
     financing a project of a health center that receives funding 
     under section 330 located in or serving an area determined by 
     the Secretary to be a medically underserved area or serving a 
     special medically underserved population as defined in such 
     section 330 (referred to in this section as a `health center 
     project'), and
       ``(ii) use of such authorized guarantees for health center 
     projects in conjunction with any credits allowed under the 
     Internal Revenue Code of 1986, for such health center 
     project.'';
       (B) in subsection (b)--
       (i) by striking ``The principal amount of'' and inserting 
     ``(1) Subject to paragraph (2), the principal amount of''; 
     and
       (ii) by adding at the end the following:
       ``(2) Notwithstanding paragraph (1), a guarantee of a loan 
     or tax exempt bond issued for the purpose of financing a 
     health center project, as defined in subsection (a)(2)(C), 
     shall cover up to 100 per centum of the principal amount and 
     interest due on such guaranteed loan or tax exempt bond.'';
       (C) by redesignating subsection (d) as subsection (e);
       (D) by inserting after subsection (c) the following:
       ``(d) No State (including any State or local government 
     authority with the power to tax) receiving funds under a 
     Federal health care program (as defined under section 
     1128B(f) of the Social Security Act), may impose a tax with 
     respect to interest earned on bonds issued under this 
     section.''.
       (2) General provisions relating to loan guarantees and 
     loans.--Section 1602 of the Public Health Service Act (42 
     U.S.C. 300q-2) is amended--
       (A) in subsection (a)(2)--
       (i) by redesignating subparagraph (D) as subparagraph (H);
       (ii) in subparagraph (B), by striking ``subparagraph (D)'' 
     and inserting ``subparagraph (H)''; and
       (iii) by inserting after subparagraph (C) the following:
       ``(D) The Secretary shall approve, not later than 30 
     calendar days of receipt, an application for a loan or a tax 
     exempt bond guarantee submitted by a health center for a 
     health center project (as defined in section 1601q(a)(2)(C)), 
     that is eligible for such guarantee, provided that the health 
     center has certified, to the best of its knowledge, and 
     consistent with its annual audit and such application, that 
     the health center has satisfied or will comply with each of 
     the following criteria:
       ``(i) The health center has for at least two out of last 
     three fiscal years (on the basis of accrual accounting) 
     received more in revenue (including the amount of Federal 
     funds in any section 330 grants made in each year to the 
     health center and all other revenue of

[[Page S1612]]

     any kind received by the health center in each year) than the 
     expenses of the health center in each year.
       ``(ii) The health center will contribute at least 20 per 
     centum equity to the project in the form of cash 
     contributions (from cash reserves, grants or capital campaign 
     proceeds), equity derived as a result of tax credits (which 
     may be structured as debt during the tax credit compliance 
     period) or other forms of equity-like contributions.
       ``(iii)(I) As measured at the fiscal year end of its most 
     recent fiscal year and on a current year-to-date basis, the 
     health center's days cash on hand, including Federal grant 
     funds available for drawdown, must have been/be greater than 
     30 days.
       ``(II) In this clause, `days cash on hand' shall be 
     calculated on an accrual accounting basis according to the 
     following formula: The sum of unrestricted cash and 
     investments divided by total operating expenses minus 
     depreciation divided by 360.
       ``(iv)(I) The health center's debt service coverage ratio 
     on a projected basis will not be less than 1.10X in any year.
       ``(II) In this clause, `debt service coverage ratio' shall 
     be calculated as the sum of net assets plus interest expense 
     plus depreciation expense divided by the sum of debt service 
     and capitalized interest payments due during the period.
       ``(v)(I) The health center has reasonably projected a 
     leverage ratio (as measured after the first full year of the 
     new/improved facility's operation) less than 3.0X.
       ``(II) In this clause, `leverage ratio' shall be calculated 
     as total liabilities less new markets tax credit (authorized 
     under section 45D(f) of the Internal Revenue Code of 1986) or 
     similar debt components, if any, divided by total net assets.
       ``(E)(i) Not later than 30 calendar days after the receipt 
     of a health center's application and certification under 
     subparagraph (D), the Secretary shall send a letter to the 
     health center notifying it that the application has been 
     approved, unless within such 30-day period the Secretary--
       ``(I) notifies the health center in writing as to why the 
     Secretary reasonably believes any or all of the foregoing 
     criteria are not met; and
       ``(II) provides the health center the opportunity to submit 
     comments within 30 calendar days of receipt of such notice.
       ``(ii) Not later than 30 calendar days from the date of 
     receipt of such comments, the Secretary shall provide a final 
     decision in writing regarding the comments submitted by the 
     applicant, including sufficient justification for the 
     Secretary's decision.
       ``(F) The Secretary may approve an application for a loan 
     or a tax exempt bond guarantee submitted by a health center 
     for a health center project (as defined in section 
     1601(a)(2)(C)) that is eligible for such guarantee and which 
     deviates from the criteria set forth in clauses (i) through 
     (v) of subparagraph (D), provided that the Secretary 
     determines that such deviation is not material or that the 
     health center has provided sufficient explanation or 
     justification for such deviation.
       ``(G)(i) Upon approval of a loan or tax exempt bond 
     guarantee for a health center project eligible for such 
     guarantee, the Secretary shall charge such health center a 
     closing fee of 50 basis points, which will be put into a 
     reserve fund to cover direct administrative costs of the 
     program and to fund a loan loss reserve to support the 
     guarantee program. Thereafter, the Secretary shall charge 
     those health centers with loans or tax exempt bonds 
     guaranteed through the program an annual fee of 50 basis 
     points, calculated based on the principal amount outstanding 
     on the guaranteed loan or tax exempt bond.
       ``(ii) All closing and annual fee proceeds shall be 
     invested and maintained in an interest-bearing reserve 
     account until such time as the reserve account reaches 5 per 
     centum of the outstanding principal amount of loans and tax 
     exempt bonds guaranteed through the program.
       ``(iii) If at any time the Secretary determines that, based 
     on a lack of actual losses resulting from default, the amount 
     of proceeds held in the reserve account is excessive, the 
     Secretary may reduce the per centum to be maintained in such 
     reserve account, calculated based on the outstanding 
     principal amount of loans and tax exempt bonds guaranteed 
     through the program.
       ``(iv) Subject to a determination under clause (iii) of 
     this subparagraph to reduce the per centum maintained in the 
     reserve account, any overages in the reserve account that are 
     attributable to the collection of fee proceeds shall be 
     rebated annually on a pro rata basis to those health centers 
     with loans or tax exempt bonds guaranteed through the program 
     and that are not in default.'';
       (B) in subsection (d)--
       (i) by redesignating paragraph (2) as paragraph (3);
       (ii) by redesignating the matter following paragraph (1)(F) 
     as paragraph (2)(A); and
       (iii) by inserting after paragraph (2)(A), as so 
     redesignated, the following:
       ``(B) In addition to the amounts authorized under 
     subparagraph (A), there are authorized such amounts to 
     support guarantees of loans or tax exempt bonds issued for 
     the purpose of financing a health center project, which shall 
     be added to any amounts derived from the fees required to be 
     charged under subsection (a)(2)(G) and placed in the same 
     interest-bearing reserve account established by subsection 
     (a)(2)(G).''.
       (c) Application Davis-Bacon.--The provisions of subchapter 
     IV of chapter 31 of title 40, United States Code (commonly 
     referred to as the Davis-Bacon Act) shall apply to any 
     construction projects carried out using amounts made 
     available under the amendments made by this section.
                                 ______
                                 
  SA 363. Mrs. BOXER 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.


                                Findings

       The Senate finds that:
       According to leading national and state organizations, 
     there are many more NEPA compliant, ready-to-go activities, 
     than are funded in this bill, and If there is an action or 
     funds made available for an action that triggers NEPA, and 
     that activity could cause harm to public health, and that 
     harm has not been evaluated under NEPA, the project would not 
     meet the requirements of NEPA and should not be funded.


                                Section

       Any action or funds made available for an action that 
     triggers NEPA, that have not complied with NEPA, and 
     therefore pose a potential danger to our communities across 
     the country, must-either come into compliance with NEPA or be 
     replaced by other eligible activities.

                          ____________________