[Congressional Record Volume 155, Number 24 (Friday, February 6, 2009)]
[Senate]
[Pages S1867-S1883]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 527. Mr. NELSON of Florida (for himself, Mrs. Boxer, Mr. 
Chambliss, and Mrs. Feinstein) submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 477, strike line 18 and insert the following:
       (c) Special Rule for Certain Trees and Vines.--Section 
     168(k) is amended by adding at the end the following new 
     paragraph:
       ``(5) Special rule for certain trees and vines.--For 
     purposes of this subsection, in the case of any qualified 
     property which is a tree or vine producing fruit, nuts, or 
     other crops, such property shall be treated as placed in 
     service in the year in which it is planted.''.
       (d) Effective Dates.--
                                 ______
                                 
  SA 528. Mrs. SHAHEEN (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr.

[[Page S1868]]

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.
                                 ______
                                 
  SA 529. 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:

       Beginning on page 359, strike line 13 and all that follows 
     through line 6 on page 360, and insert the following:
       (d) Review of Health Care Operations.--Not later than 18 
     months after the date of the enactment of this title, the 
     Secretary shall review the definition of health care 
     operations under section 164.501 of title 45, Code of Federal 
     Regulations. If determined appropriate upon completion of the 
     review, the Secretary shall promulgate regulations to modify 
     the definition of health care operations as necessary. In 
     determining appropriate changes, the Secretary shall consider 
     those activities that can be reasonably and efficiently 
     conducted through the use of information that is deidentified 
     (in accordance with the requirements of section 164.514(b) of 
     such title) or that should require a valid authorization for 
     use or disclosure. In promulgating such regulations, the 
     Secretary may choose to narrow or clarify activities that the 
     Secretary chooses to retain in the definition of health care 
     operations and the Secretary shall take into account the 
     report under section 13424(d). In such regulations the 
     Secretary shall specify the date on which such regulations 
     shall apply to disclosures made by a covered entity, but in 
     no case would such date be sooner than the date that is 24 
     months after the date of the enactment of this section.
                                 ______
                                 
  SA 530. Mr. WICKER (for himself and Mr. Cochran) 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 165, line 7, insert before the period at the end 
     the following: ``, except in the case in which funds are 
     awarded to an institution affected by a Gulf hurricane 
     disaster, as such term is defined in section 824(g)(1) of the 
     Higher Education Act of 1965 (20 U.S.C. 11611-3(g)(1))''.
                                 ______
                                 
  SA 531. 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; as follows:

       On page 464, strike lines 2 and 23, and insert the 
     following:

     SEC. 1141. 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.
                                 ______
                                 
  SA 532. Mr. PRYOR (for himself 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:

       On page 8, line 10, before the period, insert the 
     following: ``: Provided, That, in making loans, loan 
     guarantees, and grants using funds made available under this 
     heading, the Secretary of Agriculture may waive the 
     application requirements related to project development cost 
     ratios and income, if the waiver is appropriate to expedite 
     use of the funds and the applicable annual median income of 
     the community does not exceed the greater of 120 percent of 
     the applicable annual State median income requirement or 
     $50,000''.
                                 ______
                                 
  SA 533. 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 454, strike lines 7 through 9 and insert the 
     following:
     tion,
       ``(ii) the energy percentage with respect to such property 
     shall be 30 percent, and
       ``(iii) such property shall include all associated property 
     utilized to produce and interconnect energy from such 
     facility and to control and monitor such facility.
                                 ______
                                 
  SA 534. Mr. WYDEN (for himself and Mr. Kohl) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 698, after line 25, insert the following:

     SEC. 4204A. LONG-TERM CARE WORKER RECRUITMENT AND INVESTMENT 
                   DEMONSTRATION PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Meeting the health needs of baby boomers will create 
     new jobs for individuals trained in geriatric care, in 
     addition to meeting the current high demand for such 
     individuals.
       (2) Direct care workers, nurse aides, home health aides, 
     and personal and home care aides are the primary providers of 
     paid hands-on care, supervision, and emotional support for 
     older adults in the United States.
       (3) The Bureau of Labor Statistics of the Department of 
     Labor predicts that personal or home care aides and home 
     health aides will represent the second and third fastest-
     growing occupations between 2006 and 2016. In spite of such 
     growth, personal or home care aides are not subject to any 
     Federal requirements related to training or education, and 
     States have very different requirements for personal or home 
     care aides.
       (4) The Institute of Medicine report, entitled ``Retooling 
     for an Aging America'' described direct care workers, nurse 
     aides, home health aides, and personal and home care aides as 
     the linchpin of the formal health care delivery system for 
     older adults.
       (5) Research shows that inadequate training is a major 
     contributor to high turnover rates among direct care workers 
     and that more training is correlated with better staff 
     recruitment and retention rates.
       (6) The Institute of Medicine recommends that State 
     Medicaid programs increase pay and fringe benefits for direct 
     care workers.
       (7) Investment in these jobs would benefit the economy in 
     multiple ways, such as providing more income and greater 
     economic opportunity to low-income workers and strengthening 
     health services for aging and disabled populations in the 
     United States.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a 
     demonstration program (in this section referred to as the 
     ``program'') to make grants to States to evaluate recruitment 
     and retention strategies (including wage enhancements) for 
     personal or home care aides, nurse aides, and home health 
     aides (in this section referred to as ``recruitment and 
     retention activities'') and, separately, to develop core 
     training competencies for eligible personal or home care 
     aides and additional training content for nurse aides and 
     home health aides to supplement training for nurse aides and 
     home health aides that is required under Federal law or 
     regulation, including an evaluation of the effectiveness of

[[Page S1869]]

     such competencies and additional training content (in this 
     section referred to as ``competencies and additional training 
     content activities''. Under such programs, the Secretary, in 
     consultation with the expert panel established under 
     subsection (c)(1), shall--
       (A) with respect to recruitment and retention activities, 
     select recruitment and retention strategies (including wage 
     enhancements) for personal or home care aides, nurse aides, 
     and home health aides for evaluation under the program, 
     provide technical assistance to States in implementing the 
     strategies selected, and evaluate the impact of such 
     strategies on the recruitment and retention of personal or 
     home care aides, nurse aides, and home health aides in 
     accordance with subsection (e)(1)(A); and
       (B) with respect to competencies and additional training 
     content activities, evaluate the efficacy of the core 
     training competencies developed under subsection (c)(2)(B), 
     the additional training content developed under subsection 
     (c)(2)(C), and the method of implementation of such core 
     training competencies and additional training content in 
     accordance with subsection (e)(1)(B).
       (2) Duration.--The program shall be conducted for not less 
     than 3 years with respect to each of the recruitment and 
     retention activities and the competencies and additional 
     training content activities.
       (3) Implementation.--
       (A) Recruitment and retention activities.--The Secretary 
     shall, in consultation with the expert panel, implement the 
     program with respect to recruitment and retention activities 
     not later than 1 year after the date of enactment of this 
     Act.
       (B) Core training competencies.--The Secretary shall, in 
     consultation with the expert panel, implement the program 
     with respect to competencies and additional training content 
     activities not later than 18 months after such date of 
     enactment.
       (c) Establishment of Expert Panel.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall establish a panel 
     of long-term care workforce experts (in this section referred 
     to as the ``expert panel'').
       (2) Duties.--The expert panel shall carry out the following 
     duties:
       (A) Provide advice to the Secretary on recruitment and 
     retention activities, as requested by the Secretary.
       (B)(i) Subject to clause (ii), developing core training 
     competencies for personal or home care aides, including such 
     competencies with respect to the following areas:
       (I) The role of the personal or home care aide (including 
     differences between a personal or home care aide employed by 
     an agency and a personal or home care aide employed directly 
     by the health care consumer or an independent provider).
       (II) Consumer rights, ethics, and confidentiality 
     (including the role of proxy decision-makers in the case 
     where a health care consumer has impaired decision-making 
     capacity).
       (III) Communication, cultural and linguistic competence and 
     sensitivity, problem solving, behavior management, and 
     relationship skills.
       (IV) Personal care skills.
       (V) Health care support.
       (VI) Nutritional support.
       (VII) Infection control.
       (VIII) Safety and emergency training.
       (IX) Training specific to an individual consumer's needs 
     (including older individuals, younger individuals with 
     disabilities, individuals with developmental disabilities, 
     individuals with dementia, and individuals with mental and 
     behavioral health needs).
       (X) Self-Care.
       (ii) For purposes of the program with respect to 
     competencies and additional training content activities, the 
     core training competencies developed under clause (i) shall 
     only apply with respect to newly hired personal or home care 
     aides.
       (C)(i) Subject to clause (ii), developing additional 
     training content for home health aides and nurse aides which 
     is not required under Federal law as of the date of enactment 
     of this Act, including such content with respect to the 
     following areas:
       (I) Culturally and linguistically competent practice.
       (II) Standardized direct care worker communication 
     protocols (such as Situation, Background, Assessment, and 
     Recommendation communication tools).
       (III) Palliative and end-of-life care.
       (IV) Injury prevention.
       (V) Wound and decubitus care.
       (VI) Medication management, adherence, and safe disposal.
       (VII) Mental and behavioral health.
       (VIII) Additional aspects of dementia care training (such 
     as understanding dementia and Alzheimer's disease, dealing 
     with challenging behavior, developing communication skills, 
     working with family caregivers, and ensuring physical health 
     and safety).
       (IX) Prevention and reporting of abuse and caregiver 
     burnout.
       (ii) For purposes of the program with respect to 
     competencies and additional training content activities, the 
     additional training content developed under clause (i) shall 
     only apply with respect to newly hired home health aides and 
     nurse aides.
       (D)(i) Subject to clause (ii), making recommendations 
     regarding how training shall be provided under the program 
     with respect to competencies and additional training content 
     activities, including recommendations with respect to the 
     following:
       (I) The length of the training.
       (II) The appropriate trainer to student ratio.
       (III) The amount of instruction time spent in the classroom 
     as compared to on-site in the home or a facility.
       (IV) Trainer qualifications.
       (V) Content for a ``hands-on'' and written certification 
     exam.
       (VI) Continuing education requirements.
       (VII) Ways to integrate the core training competencies 
     developed for personal and home care aides under subparagraph 
     (A) with the additional training content developed for home 
     health aides and nurse aides under subparagraph (B).
       (ii) The recommendations under clause (i) shall ensure that 
     the number of hours of training provided under the program 
     with respect to competencies and additional training content 
     activities are not less than the number of hours of training 
     required under any applicable State or Federal law or 
     regulation.
       (3) Membership.--
       (A) In general.--Subject to subparagraph (B), the expert 
     panel shall be composed of 11 members appointed by the 
     Secretary from among leading experts in the long-term care 
     field, including representatives of--
       (i) personal or home care agencies;
       (ii) home health care agencies;
       (iii) nursing homes and residential care facilities;
       (iv) the disability community (including the mental 
     retardation and developmental disability communities);
       (v) the nursing community;
       (vi) national advocacy organizations and unions that 
     represent direct care workers;
       (vii) older individuals and family caregivers;
       (viii) State Medicaid waiver program officials;
       (ix) curriculum developers with expertise in adult 
     learning;
       (x) researchers on direct care workers and the long-term 
     care workforce; and
       (xi) geriatric pharmacists.
       (B) Inclusion of representatives of certain individuals.--
     Not less than 2 of the 11 members appointed by the Secretary 
     under subparagraph (A) shall represent the interests of 
     individuals who rely on long-term care services, including 
     the interests of those individuals described in clause (vii) 
     of such subparagraph.
       (4) Report.--Not later than 1 year after the date of 
     enactment of this Act, the expert panel shall submit to the 
     Secretary a report containing--
       (A) any advice on recruitment and retention activities 
     provided under paragraph (2)(A);
       (B) the core training competencies developed under 
     paragraph (2)(B);
       (C) the additional training content developed under 
     paragraph (2)(C);
       (D) any recommendations of the expert panel under paragraph 
     (2)(D); and
       (E) recommendations for such legislation or administrative 
     action as the expert panel determines appropriate.
       (5) Termination.--The expert panel shall terminate 180 days 
     after it submits the report under paragraph (4).
       (d) Application and Selection Criteria.--
       (1) In general.--
       (A) Solicitation.--
       (i) Recruitment and retention activities.--Not later than 6 
     months after the date of enactment of this Act, the Secretary 
     shall issue a proposal soliciting States to voluntarily 
     participate in the program with respect to recruitment and 
     retention activities.
       (ii) Core training competencies.--Not later than 18 months 
     after such date of enactment, the Secretary shall issue a 
     proposal soliciting States to voluntarily participate in the 
     program with respect to competencies and additional training 
     content activities.
       (B) Agreements.--
       (i) Recruitment and retention activities.--The Secretary 
     shall enter into agreements with not more than 6 States to 
     conduct the program in such States with respect to 
     recruitment and retention activities.
       (ii) Core training competencies.--The Secretary shall enter 
     into agreements with not more than 6 States (in addition to 
     those States the Secretary enters into an agreement with 
     under clause (i)) to conduct the program in such States with 
     respect to competencies and additional training content 
     activities.
       (C) Requirements for states.--An agreement entered into 
     under subparagraph (B) shall require that a participating 
     State--
       (i) use grant funds made available to the State under the 
     program to recruit eligible health and long-term care 
     providers to participate in the program; and
       (ii) in the case of an agreement entered into under 
     subparagraph (B)(ii)--

       (I) implement the core training competencies developed 
     under subsection (c)(2)(B) and the additional training 
     content developed under subsection (c)(2)(C); and
       (II) develop written materials and protocols for such core 
     training competencies and such additional training content, 
     including the development of a certification test for 
     personal or home care aides who have completed such training 
     competencies and, if applicable, additional training content.

       (D) Consultation and collaboration with community and 
     vocational colleges.--The Secretary shall encourage 
     participating States to consult with community and vocational 
     colleges regarding the development of

[[Page S1870]]

     curricula to implement the program with respect to 
     activities, as applicable, which may include consideration of 
     such colleges as partners in such implementation.
       (2) Application and eligibility.--A State seeking to 
     participate in the program shall--
       (A) submit an application to the Secretary containing such 
     information and at such time as the Secretary may specify;
       (B) meet the selection criteria established under paragraph 
     (3); and
       (C) meet such additional criteria as the Secretary may 
     specify.
       (3) Selection criteria.--In selecting States to participate 
     in the program, the Secretary shall establish criteria to 
     ensure (if applicable with respect to the activities 
     involved)--
       (A) geographic and demographic diversity;
       (B) that participating States offer medical assistance for 
     personal care services under the State Medicaid plan;
       (C) that the existing training standards for personal or 
     home care aides, home health aides, and nurse aides in each 
     participating State--
       (i) are different from such standards in the other 
     participating States; and
       (ii) are different from the core training competencies 
     developed under subsection (c)(2)(B) and the additional 
     training content developed under subsection (c)(2)(C);
       (D) that participating States do not reduce the number of 
     hours of training required under applicable State law or 
     regulation after being selected to participate in the 
     program; and
       (E) that participating States recruit a minimum number of 
     eligible health and long-term care providers to participate 
     in the program.
       (4) Technical assistance.--The Secretary shall provide 
     technical assistance to States in developing written 
     materials and protocols for such core training competencies 
     and such additional training content under paragraph 
     (1)(C)(ii)(II).
       (e) Evaluation and Report.--
       (1) Evaluation.--The Secretary shall develop an 
     experimental or control group testing protocol in 
     consultation with an independent evaluation contractor 
     selected by the Secretary. Such testing protocol shall be 
     developed separately under the program with respect to the 
     evaluation of recruitment and retention activities and 
     competencies and additional training content activities. Such 
     contractor shall evaluate--
       (A) with respect to recruitment and retention activities, 
     the impact of such activities within each participating State 
     on the recruitment and retention of personal or home care 
     aides, nurse aides, and home health aides; and
       (B) with respect to competencies and additional training 
     content activities--
       (i) the impact of core training competencies developed 
     under subsection (c)(2)(B), including curricula developed to 
     implement such core training competencies, for personal or 
     home care aides within each participating State on job 
     satisfaction, mastery of job skills, beneficiary and family 
     caregiver satisfaction with services, and additional measures 
     determined by the Secretary in consultation with the expert 
     panel;
       (ii) the impact of incorporating the additional training 
     content developed under subsection (c)(2)(C) into existing 
     training standards for home health aides and certified nurse 
     aides within each participating State;
       (iii) the impact of providing such core training 
     competencies and additional training content on the existing 
     training infrastructure and resources of States;
       (iv) whether the minimum number of hours of initial 
     training required for nurse aides under sections 
     1819(f)(2)(A)(i)(II) and 1919(f)(2)(A)(i)(II) of the Social 
     Security Act (42 U.S.C. 1395i-3(f)(2)(A)(i)(II); 
     1396r(f)(2)(A)(i)(II)) should be increased; and
       (v) whether a minimum number of hours of initial training 
     should be required for personal or home care aides and, if 
     so, what minimum number of hours should be required.
       (2) Reports.--
       (A) Report on initial implementation of recruitment and 
     retention activities.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary shall submit to 
     Congress a report on the initial implementation of 
     recruitment and retention activities under the program, 
     including the results of any evaluations conducted under 
     paragraph (1)(A) with respect to such activities, together 
     with such recommendations for legislation or administrative 
     action as the Secretary determines appropriate.
       (B) Final report.--Not later than 1 year after the 
     completion of the program, the Secretary shall submit to 
     Congress a report containing the results of the evaluations 
     conducted under subparagraphs (A) and (B) of paragraph (1), 
     together with such recommendations for legislation or 
     administrative action as the Secretary determines 
     appropriate.
       (f) Funding.--
       (1) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, there are appropriated to the 
     Secretary to carry out the program under this section for the 
     period of fiscal years 2010 through 2015, $44,000,000.
       (2) Transfer of unused funding to medicare improvement 
     fund.--Any funds appropriated under paragraph (1) that are 
     not obligated as of September 31, 2015, shall be transferred 
     to the Medicare Improvement Fund established under section 
     1898 of the Social Security Act (42 U.S.C. 1395iii) on that 
     date and shall be available for expenditure from the Medicare 
     Improvement Fund during the period that begins on that date 
     and ends on the last day on which funds are available for 
     obligation in that Fund.
       (g) Definitions and Inclusion of Providers Under Medicare 
     and Medicaid Programs.--
       (1) Definitions.--In this section:
       (A) Eligible health and long-term care provider.--The term 
     ``eligible health and long-term care provider'' means a 
     personal or home care agency (including personal or home care 
     public authorities), a nursing home, a home health agency (as 
     defined in section 1861(o)) of the Social Security Act (42 
     U.S.C. 1395x(o)), or any other health care provider the 
     Secretary determines appropriate which--
       (i) is licensed or authorized to provide services in a 
     participating State; and
       (ii) receives payment for services under title XVIII or XIX 
     of the Social Security Act.
       (B) Home health aide.--The term ``home health aide'' has 
     the meaning given such term in section 1891(a)(3)(E) of the 
     Social Security Act (42 U.S.C. 1395bbb(a)(3)(E)).
       (C) Nurse aide.--The term ``nurse aide'' has the meaning 
     given such term in section 1819(b)(5)(F) of the Social 
     Security Act (42 U.S.C. 1395i-3(b)(5)(F)).
       (D) Personal care services.--The term ``personal care 
     services'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
       (E) Personal or home care aide.--The term ``personal or 
     home care aide'' means an individual who helps individuals 
     who are elderly, disabled, ill, or mentally disabled 
     (including an individual with Alzheimer's disease or other 
     dementia) to live in their own home or a residential care 
     facility (such as a nursing home, assisted living facility, 
     or any other facility the Secretary determines appropriate) 
     by providing routine personal care services and other 
     appropriate services to the individual.
       (F) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (2) Inclusion of providers under medicare and medicaid 
     programs.--For purposes of the program, the terms ``home 
     health aide'', ``nurse aide'', and ``personal or home care 
     aide'' include such individuals who provide services under 
     title XVIII or XIX of the Social Security Act.
                                 ______
                                 
  SA 535. Mr. KOHL (for himself, Ms. Stabenow, Mr. Burr, 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.--
       (A) In general.--The term ``State higher education 
     agency''--
       (i) has the meaning given the term in section 103 of the 
     Higher Education Act of 1965 (20 U.S.C. 1003); or
       (ii) 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.
       (B) Special rule.--If a State does not have a State higher 
     education agency, then the term shall mean the Governor of 
     the State.
                                 ______
                                 
  SA 536. 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, between lines 8 and 9, insert the following:

     SEC. ___. DECREASED REQUIRED ESTIMATED TAX PAYMENTS IN 2009 
                   FOR CERTAIN SMALL BUSINESSES.

       Paragraph (1) of section 6654(d) is amended by adding at 
     the end the following new subparagraph:
       ``(D) Special rule for 2009.--
       ``(i) In general.--Notwithstanding subparagraph (C), in the 
     case of any taxable year beginning in 2009, clause (ii) of 
     subparagraph (B) shall be applied to any qualified individual 
     by substituting `90 percent' for `100 percent'.
       ``(ii) Qualified individual.--For purposes of this 
     subparagraph, the term `qualified individual' means any 
     individual if--

       ``(I) the adjusted gross income shown on the return of such 
     individual for the preceding taxable year is less than 
     $500,000, and
       ``(II) such individual certifies that more than 50 percent 
     of the income of such individual was income from a small 
     business.

[[Page S1871]]

     A certification under subclause (II) shall be in such form 
     and manner and filed at such time as the Secretary may by 
     regulations prescribe.
       ``(iii) Income from a small business.--For purposes of 
     clause (ii), income from a small business means, with respect 
     to any individual, income from a trade or business the 
     average number of employees of which was less than 500 
     employees for the calendar year ending with or within the 
     preceding taxable year of the individual.
       ``(iv) Separate returns.--In the case of a married 
     individual (within the meaning of section 7703) who files a 
     separate return for the taxable year for which the amount of 
     the installment is being determined, clause (ii)(I) shall be 
     applied by substituting `$250,000' for `$500,000'.
       ``(v) Estates and trusts.--In the case of an estate or 
     trust, adjusted gross income shall be determined as provided 
     in section 67(e).''.
                                 ______
                                 
  SA 537. 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 73, line 21, strike ``funds'' and all 
     that follows through ``policies'' on page 74, line 7, and 
     insert ``funds to work with regional transmission 
     organizations, or the equivalent regional planning 
     authorities, to conduct a resource assessment and an analysis 
     of future demand and transmission requirements: Provided 
     further, That the Office of Electricity Delivery and Energy 
     Reliability will provide technical assistance to the North 
     American Electric Reliability Corporation, regional 
     transmission organizations, regional reliability entities, 
     States, and other transmission owners and operators for the 
     coordination of regional plans so as to establish efficient 
     and effective interconnection-wide transmission plans for the 
     Eastern and Western Interconnections and ERCOT: Provided 
     further, That such assistance may include modeling, support 
     to regions and States for the development of coordinated 
     State electricity, and environmental policies''.
                                 ______
                                 
  SA 538. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investement, 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 1, beginning with line 6, strike all through page 
     735, line 7, and insert the following:

     SEC. 2. REBATE TO ALL AMERICANS FILING A TAX RETURN.

       (a) In General.--Section 6429 of the Internal Revenue Code 
     of 1986 is amended to read as follows:

     ``SEC. 6429. 2009 RECOVERY REBATES FOR INDIVIDUALS.

       ``(a) In General.--In the case of an eligible individual 
     who has filed a return of tax under chapter 1 for any taxable 
     year beginning in 2007, there shall be allowed a credit 
     against the tax imposed by subtitle A for the taxpayer's 
     first taxable year beginning in 2009 an amount equal to 
     $5,143 ($10,286 in the case of a joint return).
       ``(b) Limitation Based on Adjusted Gross Income.--The 
     amount of the credit allowed by subsection (a) (determined 
     without regard to this subsection and subsection (f)) shall 
     be zero if the taxpayer's adjusted gross income exceeds 
     $250,000.
       ``(c) Treatment of Credit.--The credit allowed by 
     subsection (a) shall be treated as allowed by subpart C of 
     part IV of subchapter A of chapter 1.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Net income tax liability.--The term `net income tax 
     liability' means the excess of--
       ``(A) the sum of the taxpayer's regular tax liability 
     (within the meaning of section 26(b)) and the tax imposed by 
     section 55 for the taxable year, over
       ``(B) the credits allowed by part IV (other than section 24 
     and subpart C thereof) of subchapter A of chapter 1.
       ``(2) Eligible individual.--The term `eligible individual' 
     means any individual other than--
       ``(A) any nonresident alien individual,
       ``(B) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for a taxable 
     year beginning in the calendar year in which the individual's 
     taxable year begins, and
       ``(C) an estate or trust.
       ``(e) Coordination With Advance Refunds of Credit.--
       ``(1) In general.--The amount of credit which would (but 
     for this paragraph) be allowable under this section shall be 
     reduced (but not below zero) by the aggregate refunds and 
     credits made or allowed to the taxpayer under subsection (e). 
     Any failure to so reduce the credit shall be treated as 
     arising out of a mathematical or clerical error and assessed 
     according to section 6213(b)(1).
       ``(2) Joint returns.--In the case of a refund or credit 
     made or allowed under subsection (f) with respect to a joint 
     return, half of such refund or credit shall be treated as 
     having been made or allowed to each individual filing such 
     return.
       ``(f) Advance Refunds and Credits.--
       ``(1) In general.--Each individual who was an eligible 
     individual for such individual's first taxable year beginning 
     in 2007, and who filed a return of tax under chapter 1 for 
     such first taxable year, shall be treated as having made a 
     payment against the tax imposed by chapter 1 for such first 
     taxable year in an amount equal to the advance refund amount 
     for such taxable year.
       ``(2) Advance refund amount.--For purposes of paragraph 
     (1), the advance refund amount is the amount that would have 
     been allowed as a credit under this section for such first 
     taxable year if this section (other than this subsection) had 
     applied to such taxable year.
       ``(3) Timing of payments.--The Secretary shall, subject to 
     the provisions of this title, refund or credit any 
     overpayment attributable to this section as rapidly as 
     possible. No refund or credit shall be made or allowed under 
     this subsection after December 31, 2009.
       ``(4) No interest.--No interest shall be allowed on any 
     overpayment attributable to this section.
       ``(g) Identification Number Requirement.--
       ``(1) In general.--No credit shall be allowed under 
     subsection (a) to an eligible individual who does not include 
     on the return of tax for the taxable year--
       ``(A) such individual's valid identification number, and
       ``(B) in the case of a joint return, the valid 
     identification number of such individual's spouse.
       ``(2) Valid identification number.--For purposes of 
     paragraph (1), the term `valid identification number' means a 
     social security number issued to an individual by the Social 
     Security Administration. Such term shall not include a TIN 
     issued by the Internal Revenue Service.
       ``(3) Special rule for members of the armed forces.--
     Paragraph (1) shall not apply to a joint return where at 
     least 1 spouse was a member of the Armed Forces of the United 
     States at any time during the taxable year.''.
       (b)  Treatment of Possessions.--
       (1) Payments to possessions.--
       (A) Mirror code possession.--The Secretary of the Treasury 
     shall pay to each possession of the United States with a 
     mirror code tax system amounts equal to the loss to that 
     possession by reason of the amendments made by this section. 
     Such amounts shall be determined by the Secretary of the 
     Treasury based on information provided by the government of 
     the respective possession.
       (B) Other possessions.--The Secretary of the Treasury shall 
     pay to each possession of the United States which does not 
     have a mirror code tax system amounts estimated by the 
     Secretary of the Treasury as being equal to the aggregate 
     benefits that would have been provided to residents of such 
     possession by reason of the amendments made by this section 
     if a mirror code tax system had been in effect in such 
     possession. The preceding sentence shall not apply with 
     respect to any possession of the United States unless such 
     possession has a plan, which has been approved by the 
     Secretary of the Treasury, under which such possession will 
     promptly distribute such payments to the residents of such 
     possession.
       (2) Coordination with credit allowed against united states 
     income taxes.--No credit shall be allowed against United 
     States income taxes for any taxable year under section 6429 
     of the Internal Revenue Code of 1986 (as amended by this 
     section) to any person--
       (A) to whom a credit is allowed against taxes imposed by 
     the possession by reason of the amendments made by this 
     section for such taxable year, or
       (B) who is eligible for a payment under a plan described in 
     paragraph (1)(B) with respect to such taxable year.
       (3) Definitions and special rules.--
       (A) Possession of the united states.--For purposes of this 
     subsection, the term ``possession of the United States'' 
     includes the Commonwealth of Puerto Rico and the Commonwealth 
     of the Northern Mariana Islands.
       (B) Mirror code tax system.--For purposes of this 
     subsection, the term ``mirror code tax system'' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (C) Treatment of payments.--For purposes of section 
     1324(b)(2) of title 31, United States Code, the payments 
     under this subsection shall be treated in the same manner as 
     a refund due from the credit allowed under section 36A of the 
     Internal Revenue Code of 1986 (as added by this section).
       (c) Refunds Disregarded in the Administration of Federal 
     Programs and Federally Assisted Programs.--Any credit or 
     refund allowed or made to any individual by

[[Page S1872]]

     reason of section 6429 of the Internal Revenue Code of 1986 
     (as amended by this section) or by reason of subsection (b) 
     of this section shall not be taken into account as income and 
     shall not be taken into account as resources for the month of 
     receipt and the following 2 months, for purposes of 
     determining the eligibility of such individual or any other 
     individual for benefits or assistance, or the amount or 
     extent of benefits or assistance, under any Federal program 
     or under any State or local program financed in whole or in 
     part with Federal funds.
       (d) Authority Relating to Clerical Errors.--Section 
     6213(g)(2)(L) is amended by striking ``or 6428'' and 
     inserting ``6428, or 6429''.
       (e) Conforming Amendments.--
       (1) Section 6211(b)(4)(A) is amended by striking ``and 
     6428'' and inserting ``6428, and 6429''.
       (2) Section 1324(b)(2) of title 31, United States Code, is 
     amended by striking ``or 6428'' and inserting ``6428, or 
     6429''.
       (3) The table of sections for subchapter B of chapter 65 is 
     amended by striking the item relating to section 6429 and 
     inserting the following new item:

``Sec. 6429. 2009 recovery rebates for individuals.''.
       (f) Effective Date.--This section, and the amendments made 
     by this section, shall apply to taxable years beginning after 
     December 31, 2008.
                                 ______
                                 
  SA 539. 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 investement, 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. ENCOURAGING ROBUST PARTICIPATION BY SMALL BUSINESS 
                   CONCERNS IN FEDERAL LOAN PROGRAMS.

       The Administrator shall work with the Secretary of 
     Agriculture, the Secretary of Energy, the Administrator of 
     the Environmental Protection Agency, the Secretary of 
     Homeland Security, and the Secretary of Labor to ensure 
     robust participation by small business concerns in loan and 
     loan guarantee programs that receive funding under this Act.
                                 ______
                                 
  SA 540. Ms. CANTWELL (for herself, Mr. Bingaman, Mr. Carper, Mr. 
Schumer, and Mr. Hatch) 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 457, line 15, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 457, between lines 16 and 17, insert the following:
       (b) Clarification With Respect to Green Community 
     Programs.--Clause (ii) of section 54D(f)(1)(A) is amended by 
     inserting ``(including the use of loans, grants, or other 
     repayment mechanisms to implement such programs)'' after 
     ``green community programs''.
       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:
       ``(B) 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.--Subparagraph (C) of section 
     25C(d)(3) is amended by striking ``2006'' and inserting 
     ``2009''.
       (3) Water heaters.--Subparagraph (D) of section 25C(d)(3) 
     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.''.
       (4) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is 
     amended by inserting ``, as measured using a lower heating 
     value'' after ``75 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 
     paragraphs (1), (2), and (3) of subsection (b) and 
     subsections (c) and (d) shall apply to property placed in 
     service after December 31, 2009.
       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).

[[Page S1873]]

       (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.
       On page 467, strike lines 1 through 18, and insert the 
     following:

    PART VI--MODIFICATION OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION

     SEC. 1151. APPLICATION OF MONITORING REQUIREMENTS TO CARBON 
                   DIOXIDE USED AS A TERTIARY INJECTANT.

       (a) In General.--Section 45Q(a)(2) is amended by striking 
     ``and'' at the end of subparagraph (A), by striking the 
     period at the end of subparagraph (B) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(C) disposed of by the taxpayer in secure geological 
     storage.''.
       (b) Conforming Amendments.--
       (1) Section 45Q(d)(2) is amended--
       (A) by striking ``subsection (a)(1)(B)'' and inserting 
     ``paragraph (1)(B) or (2)(C) of subsection (a)'',
       (B) by striking ``and unminable coal seems'' and inserting 
     ``, oil and gas reservoirs, and unminable coal seams'', and
       (C) by inserting ``the Secretary of Energy, and the 
     Secretary of the Interior,'' after ``Environmental Protection 
     Agency''.
       (2) Section 45Q(e) is amended by striking ``captured and 
     disposed of or used as a tertiary injectant'' and inserting 
     ``taken into account in accordance with subsection (a)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to carbon dioxide captured after the date of the 
     enactment of this Act.
       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 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.
       Beginning on page 518, strike line 1 and all that follows 
     through page 521, line 23, and insert the following:
       ``(2) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(3) Limitation.--The amount which is treated for all 
     taxable years with respect to any qualifying advanced energy 
     project shall not exceed the amount designated by the 
     Secretary as eligible for the credit under this section.
       ``(c) Definitions.--
       ``(1) Qualifying advanced energy project.--
       ``(A) In general.--The term `qualifying advanced energy 
     project' means a project--
       ``(i) which re-equips, expands, or establishes a 
     manufacturing facility for the production of property which 
     is--

       ``(I) designed to be used to produce energy from the sun, 
     wind, geothermal deposits (within the meaning of section 
     613(e)(2)), or other renewable resources,
       ``(II) designed to manufacture fuel cells, microturbines, 
     or an energy storage system for use with electric or hybrid-
     electric motor vehicles,

[[Page S1874]]

       ``(III) designed to manufacture electric grids to support 
     the transmission of intermittent sources of renewable energy, 
     including storage of such energy,
       ``(IV) designed to capture and sequester carbon dioxide 
     emissions,
       ``(V) designed to refine or blend renewable fuels or to 
     produce energy conservation technologies (including energy-
     conserving lighting technologies and smart grid 
     technologies), or
       ``(VI) other advanced energy property designed to reduce 
     greenhouse gas emissions as may be determined by the 
     Secretary, and

       ``(ii) any portion of the qualified investment of which is 
     certified by the Secretary under subsection (d) as eligible 
     for a credit under this section.
       ``(B) Exception.--Such term shall not include any portion 
     of a project for the production of any property which is used 
     in the refining or blending of any transportation fuel (other 
     than renewable fuels).
       ``(2) Eligible property.--The term `eligible property' 
     means any property which is part of a qualifying advanced 
     energy project and is necessary for the production of 
     property described in paragraph (1)(A)(i).
       ``(d) Qualifying Advanced Energy Project Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary, in consultation 
     with the Secretary of Energy, shall establish a qualifying 
     advanced energy project program to consider and award 
     certifications for qualified investments eligible for credits 
     under this section to qualifying advanced energy project 
     sponsors.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program shall not exceed $2,000,000,000.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require during the 3-
     year period beginning on the date the Secretary establishes 
     the program under paragraph (1).
       ``(B) Time to meet criteria for certification.--Each 
     applicant for certification shall have 2 years from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the 
     requirements of the certification have been met.
       ``(C) Period of issuance.--An applicant which receives a 
     certification shall have 5 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period then the certification shall no longer be valid.
       ``(3) Selection criteria.--In determining which qualifying 
     advanced energy projects to certify under this section, the 
     Secretary--
       ``(A) shall take into consideration only those projects 
     where there is a reasonable expectation of commercial 
     viability, and
       ``(B) shall take into consideration which projects--
       ``(i) will provide the greatest domestic job creation (both 
     direct and indirect) during the credit period,
       ``(ii) will provide the greatest net impact in avoiding or 
     reducing air pollutants or anthropogenic emissions of 
     greenhouse gases,
       ``(iii) have the greatest readiness for commercial 
     employment, replication, and further commercial use in the 
     United States,
       ``(iv) will provide the greatest benefit in terms of 
     newness in the commercial market,
       ``(v) have the lowest levelized cost of generated or stored 
     energy, or of measured reduction in energy consumption or 
     greenhouse gas emission (based on costs of the full supply 
     chain), and
       ``(vi) have the shortest project time from certification to 
     completion.
       On page 524, after line 3, insert the following:

     SEC. 1303. 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 Receive Loan 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,
       ``(B) such taxpayer shall receive a loan from the Secretary 
     in an amount and under such terms as provided in section 
     1303(b) of the American Recovery and Reinvestment Tax Act of 
     2009, and
       ``(C) in the taxable year in which such qualified loan is 
     repaid, each of the limitations described in paragraph (2) 
     shall be increased by the qualified plug-in electric drive 
     motor vehicle manufacturing facility amount which is--
       ``(i) determined 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

[[Page S1875]]

     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.''.
       (b) Loan Program.--
       (1) In general.--The Secretary of the Treasury (or the 
     Secretary's delegate) shall provide a loan to any person who 
     is allowed a deduction under section 179F of the Internal 
     Revenue Code and who makes an election under section 179F(f) 
     of such Code in an amount equal to the qualified plug-in 
     electric drive motor vehicle manufacturing facility amount 
     (as defined in such section 179F(f)).
       (2) Term.--Such loan shall be in the form of a senior note 
     issued by the taxpayer to the Secretary of the Treasury, 
     secured by the qualified plug-in electric drive motor vehicle 
     manufacturing facility property (as defined in section 179F 
     of the Internal Revenue Code of 1986) of the taxpayer, and 
     having a term of 20 years and interest payable at the 
     applicable Federal rate (as determined under section 1274(d) 
     of the Internal Revenue Code of 1986).
       (3) Appropriations.--There is hereby appropriated to the 
     Secretary of the Treasury such sums as may be necessary to 
     carry out this subsection.
       (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.''.

       (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 541. Ms. LANDRIEU (for herself, Mr. Vitter, 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 61, line 22, strike ``$2,000,000,000'' and insert 
     ``$2,450,000,000''.
       On page 62, line 3, insert ``Provided further, That not 
     less than $180,000,000 of the funds provided shall be 
     provided for large-scale aquatic ecosystem restoration:'' 
     after ``assistance:''.
       On page 65, line 4, strike ``$1,900,000,000'' and insert 
     ``$2,350,000,000''.
       On page 65, line 23, insert ``Provided further, That in any 
     case in which restoration or storm protection benefits are 
     available through the beneficial use of dredged material 
     produced by an operation and maintenance activity, that use, 
     up to an additional 15 percent of least-cost disposal, shall 
     be required as part of the operation and maintenance activity 
     and budget:'' after ``complete:''.
       On page 115, line 4, insert before the period at the end 
     the following: ``, of which not less than $50,000,000 shall 
     be used for habitat restoration projects (including grant 
     programs for wetlands restoration)''.
       On page 120, between lines 10 and 11, insert the following:

                 environmental programs and management

       For an additional amount for ``Environmental Programs and 
     Management,'' $300,000,000, for existing large-scale aquatic 
     ecosystem programs and related activities: Provided, That 
     funds provided under this heading shall be used only for 
     programs, projects, or activities that, as of the date of 
     enactment of this Act, receive funds provided in Acts making 
     appropriations available for the Department of the Interior, 
     the Environmental Protection Agency, and related agencies: 
     Provided further, That the Administrator of the Environmental 
     Protection Agency may waive cost-sharing requirements for the 
     use of funds made available under this heading.
                                 ______
                                 
  SA 542. 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, between lines 8 and 9, insert the following:

     SEC. 1903. LOANS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF TAX 
                   CREDITS.

       (a) Loans.--
       (1) In general.--Upon application, the Secretary of Energy 
     shall, within 60 days of the application and subject to the 
     requirements of this section, provide a loan, under such 
     terms as provided in subsection (b) and in an amount as 
     provided in subsection (c), to each person who places in 
     service specified energy property during 2009 or 2010.
       (2) Special rule for utility-scale solar and geothermal 
     property.--
       (A) In general.--In the case of any specified energy 
     property which is a part of a utility-scale solar or 
     geothermal project, paragraph (1) shall be applied by 
     substituting ``2009, 2010, 2011, or 2012'' for ``2009 or 
     2010''.
       (B) Rule for projects after 2010.--No loan shall be made 
     under this section after December 31, 2010, with respect to 
     any utility-scale solar or geothermal project unless the 
     application for such loan contains--
       (i) a certification from an independent engineer (as 
     determined under regulations promulgated by the Secretary of 
     Energy) that construction on such project began before 
     January 1, 2011, and
       (ii) a certification that there is an agreement between the 
     person placing such project in service and a utility, an 
     electric cooperative, a municipality, or another Federal, 
     State, or local governmental entity for the purchase of not 
     less than 50 percent of the power which such project has a 
     capacity to generate.
       (C) Utility-scale solar or geothermal project.--For 
     purposes of this section, the term ``utility-scale solar or 
     geothermal project'' means any project which--
       (i)(I) uses solar energy for a purpose described in clause 
     (i) or (ii) of section 48(a)(3)(A) of the Internal Revenue 
     Code of 1986, or
       (II) produces, distributes, or uses energy derived from 
     geothermal deposits (within the meaning of section 613(e)(2) 
     of such Code), and
       (ii) has a nameplate capacity rating which is not less 
     than--

       (I) 25 megawatts electrical, or
       (II) 10 megawatts thermal.

       (b) Term.--
       (1) In general.--Any loan provided under this section shall 
     be in the form of a senior note issued by the taxpayer to the 
     Secretary of the Treasury, secured by the specified energy 
     property, and having a term of 20 years and interest payable 
     at the applicable Federal rate (as determined under section 
     1274(d) of the Internal Revenue Code of 1986).
       (2) Repayment of loans.--
       (A) Amortization.--The amount of any loan provided under 
     this section shall be amortized and repaid over the term of 
     the loan.
       (B) No pre-payment penalty.--Any loan provided under this 
     section shall have no penalty for early repayment of the 
     loan.
       (3) Priority of obligation.--Notwithstanding section 507 of 
     title 11, United States Code, or otherwise applicable 
     provisions of law, 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) Loan Amount.--
       (1) In general.--The amount of the loan under subsection 
     (a) with respect to any specified energy property shall be 
     the applicable percentage of the basis of such facility.
       (2) Applicable percentage.--For purposes of paragraph (1), 
     the term ``applicable percentage'' means--
       (A) 30 percent in the case of any property described in 
     paragraphs (1) through (4) of subsection (c), and
       (B) 10 percent in the case of any other property.
       (3) Dollar limitations.--In the case of property described 
     in paragraph (2), (6), or (7) of subsection (c), the amount 
     of any loan under this section with respect to such property 
     shall not exceed the limitation described in section 
     48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B) of the Internal 
     Revenue Code of 1986, respectively, with respect to such 
     property.
       (d) Specified Energy Property.--For purposes of this 
     section, the term ``specified energy property'' means any of 
     the following:
       (1) Qualified facilities.--Any facility described in 
     paragraph (1), (2), (3), (4), (6), (7), (9), or (11) of 
     section 45(d) of the Internal Revenue Code of 1986.
       (2) Qualified fuel cell property.--Any qualified fuel cell 
     property (as defined in section 48(c)(1) of such Code).
       (3) Solar property.--Any property described in clause (i) 
     or (ii) of section 48(a)(3)(A) of such Code.
       (4) Qualified small wind energy property.--Any qualified 
     small wind energy property (as defined in section 48(c)(4) of 
     such Code).
       (5) Geothermal property.--Any property described in clause 
     (iii) of section 48(a)(3)(A) of such Code.
       (6) Qualified microturbine property.--Any qualified 
     microturbine property (as defined in section 48(c)(2) of such 
     Code).
       (7) Combined heat and power system property.--Any combined 
     heat and power system property (as defined in section 
     48(c)(3) of such Code).
       (8) Geothermal heatpump property.--Any property described 
     in clause (vii) of section 48(a)(3)(A) of such Code.
       (e) Application of Certain Rules.--
       (1) In general.--In making loans under this section, the 
     Secretary of Energy shall apply rules similar to the rules of 
     subsections (a) and (b) of section 50 of the Internal Revenue 
     Code of 1986. In applying such rules, if the facility is 
     disposed of, or otherwise ceases to be a qualified renewable 
     energy facility, the Secretary of Energy shall

[[Page S1876]]

     provide for the repayment of the appropriate percentage of 
     the loan in such manner as the Secretary of Energy determines 
     appropriate.
       (2) Special rule for sales.--In the case of any sale of 
     specified energy property for which a loan has been made 
     under this section to any person (other than a person 
     described in subsection (f)), the obligation to repay to loan 
     shall be transferred to the purchaser of such property.
       (f) Exception for Certain Non-Taxpayers.--The Secretary of 
     Energy shall not make any loan under this section to any 
     Federal, State, or local government (or any political 
     subdivision, agency, or instrumentality thereof) or any 
     organization described in section 501(c) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code.
       (g) Definitions.--Terms used in this section which are also 
     used in section 45 or 48 of the Internal Revenue Code of 1986 
     shall have the same meaning for purposes of this section as 
     when used in such section 45 or 48. Any reference in this 
     section to the Secretary of the Treasury shall be treated as 
     including the Secretary's delegate.
       (h) Coordination Between Departments of Treasury and 
     Energy.--The Secretary of the Treasury shall provide the 
     Secretary of Energy with such technical assistance as the 
     Secretary of Energy may require in carrying out this section. 
     The Secretary of Energy shall provide the Secretary of the 
     Treasury with such information as the Secretary of the 
     Treasury may require in carrying out the amendment made by 
     section 1604.
       (i) Appropriations.--There is hereby appropriated to the 
     Secretary of Energy such sums as may be necessary to carry 
     out this section.
       (j) Termination.--The Secretary of Energy shall not make 
     any loan to any person under this section unless the 
     application of such person for such loan is received before 
     January 1, 2011 (January 1, 2013, in the case of any utility 
     scale solar or geothermal project).
       (k) Coordination With Energy Credit.--Section 48 is amended 
     by adding at the end the following new subsection:
       ``(d) Election to Receive Loan in Lieu of Credit.--
       ``(1) In general.--In the case of any property with respect 
     to which the Secretary of Energy makes a loan under section 
     1903 of the American Recovery and Reinvestment Tax Act of 
     2009, the amount of the credit which would otherwise be 
     allowed to the taxpayer under this section for any taxable 
     year--
       ``(A) shall not be allowed for such year, and
       ``(B) shall be allowed in any taxable year in which a 
     portion of such loan is repaid in an amount which bears the 
     same ratio to the amount which would be taken into account 
     under this section (determined without regard to the 
     subsection) as the amount so repaid bears to the entire 
     amount of the loan.
       ``(2) Transfer of credit amounts.--In the case of a sale or 
     other disposition by the taxpayer of any property to which 
     paragraph (1) applies to another taxpayer, the amount of any 
     credit which would be allowed to the taxpayer under this 
     section shall be allowed to the taxpayer who acquired such 
     property.''.
                                 ______
                                 
  SA 543. 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 investement, 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 line 8 and all that follows through page 
     56, line 24, and insert the following:

       National Telecommunications and Information Administration

                     broadband infrastructure loans

       For an amount for the development or expansion of broadband 
     or broadband services, $200,000,000, to remain available 
     until September 30, 2010: Provided, That the Secretary of 
     Commerce use the amounts under this heading to make loans to 
     Internet service providers and telecommunication service 
     providers to build broadband infrastructure.

                digital-to-analog converter box program

       For an amount for ``Digital-to-Analog Converter Box 
     Program'', $650,000,000, for additional coupons and related 
     activities under the program implemented under section 3005 
     of the Digital Television Transition and Public Safety Act of 
     2005, to remain available until September 30, 2010: Provided, 
     That of the amounts provided under this heading, $90,000,000 
     may be for education and outreach, including grants to 
     organizations for programs to educate vulnerable populations, 
     including senior citizens, minority communities, people with 
     disabilities, low-income individuals, and people living in 
     rural areas, about the transition and to provide one-on-one 
     assistance to vulnerable populations, including help with 
     converter box installation: Provided further, That the 
     amounts provided in the previous proviso may be transferred 
     to the Federal Communications Commission (Commission) if 
     deemed necessary and appropriate by the Secretary of Commerce 
     in consultation with the Commission, and only if the 
     Committees on Appropriations of the House and the Senate are 
     notified not less than 5 days in advance of transfer of such 
     funds: Provided further, That $2,000,000 of funds provided 
     under this heading shall be transferred to ``Department of 
     Commerce, Office of Inspector General'' for audits and 
     oversight of funds provided under this heading.

             National Institute of Standards and Technology

             scientific and technical research and services

       For an additional amount for ``Scientific and Technical 
     Research and Services'', $218,000,000, to remain available 
     until September 30, 2010.

                  construction of research facilities

       For an additional amount for ``Construction of Research 
     Facilities'', $357,000,000, to remain available until 
     September 30, 2010.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'', $427,000,000, to remain available until 
     September 30, 2010.

               procurement, acquisition and construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $795,000,000, to remain available until 
     September 30, 2010.

                        departmental management

       For an additional amount for ``Departmental Management'', 
     $34,000,000, to remain available until September 30, 2010.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $6,000,000, to remain available until September 
     30, 2010.

                         DEPARTMENT OF JUSTICE

                         General Administration

            tactical law enforcement wireless communications

       For an additional amount for ``Tactical Law Enforcement 
     Wireless Communications'', $200,000,000 for the costs of 
     developing and implementing a nationwide Integrated Wireless 
     network supporting Federal law enforcement, to remain 
     available until September 30, 2010.

                           detention trustee

       For an additional amount for ``Detention Trustee'', 
     $150,000,000, to remain available until September 30, 2010.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2010.

                     United States Marshall Service

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $50,000,000, to remain available until September 30, 2010.

                              construction

       For an additional amount for ``Construction'', 
     $125,000,000, to remain available until September 30, 2010.

                    Federal Bureau of Investigation

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $75,000,000, to remain available until September 30, 2010.

                              construction

       For an additional amount for ``Construction'', 
     $400,000,000, to remain available until September 30, 2010.

                         Federal Prison System

                        buildings and facilities

       For an additional amount for ``Federal Prison System, 
     Buildings and Facilities'', $1,000,000,000, to remain 
     available until September 30, 2010.

               State and Local Law Enforcement Activities

                    office on violence against women

       violence against women prevention and prosecution programs

       For an additional amount for ``Violence Against Women 
     Prevention and Prosecution Programs'', $300,000,000 for 
     grants to combat violence against women, as authorized by 
     part T of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3711 et seq.): Provided, That, $50,000,000 
     shall be transitional housing assistance grants for victims 
     of domestic violence, stalking or sexual assault as 
     authorized by section 40299 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322).

                       Office of Justice Programs

               state and local law enforcement assistance

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $1,500,000,000 for the Edward Byrne 
     Memorial Justice Assistance Grant program as authorized by 
     subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Street Act of 1968 (``1968 Act''), (except that 
     section 1001(c), and the special rules for Puerto Rico under 
     section 505(g), of the 1968 Act, shall not apply for purposes 
     of this Act), to remain available until September 30, 2010.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $440,000,000 for competitive grants 
     to improve the functioning of the criminal justice system, to 
     assist victims of crime (other than compensation), and youth 
     mentoring grants, to remain available until September 30, 
     2010.

[[Page S1877]]

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $100,000,000, to remain available 
     until September 30, 2010, for competitive grants to provide 
     assistance and equipment to local law enforcement along the 
     Southern border and in High-Intensity Drug Trafficking Areas 
     to combat criminal narcotics activity stemming from the 
     Southern border, of which $10,000,000 shall be transferred to 
     ``Bureau of Alcohol, Tobacco, Firearms and Explosives, 
     Salaries and Expenses'' for the ATF Project Gunrunner.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $300,000,000, to remain available 
     until September 30, 2010, for assistance to Indian tribes, 
     notwithstanding Public Law 108-199, division B, title I, 
     section 112(a)(1) (118 Stat. 62), of which--
       (1) $250,000,000 shall be available for grants under 
     section 20109 of subtitle A of title II of the Violent Crime 
     Control and Law Enforcement Act of 1994 (Public Law 103-322);
       (2) $25,000,000 shall be available for the Tribal Courts 
     Initiative; and
       (3) $25,000,000 shall be available for tribal alcohol and 
     substance abuse drug reduction assistance grants.

     For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $100,000,000, to remain available 
     until September 30, 2010, to be distributed by the Office for 
     Victims of Crime in accordance with section 1402(d)(4) of the 
     Victims of Crime Act of 1984 (Public Law 98-473).
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $150,000,000, to remain available 
     until September 30, 2010, for assistance to law enforcement 
     in rural areas, to prevent and combat crime, especially drug-
     related crime.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $50,000,000, to remain available 
     until September 30, 2010, for Internet Crimes Against 
     Children (ICAC) initiatives.

                  community oriented policing services

       For an additional amount for ``Community Oriented Policing 
     Services'', for grants under section 1701 of title I of the 
     1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 
     3796dd) for hiring and rehiring of additional career law 
     enforcement officers under part Q of such title, and civilian 
     public safety personnel, notwithstanding subsection (i) of 
     such section and notwithstanding 42 U.S.C. 3796dd-3(c), 
     $1,000,000,000, to remain available until September 30, 2010.

                         salaries and expenses

       For an additional amount, not elsewhere specified in this 
     title, for management and administration and oversight of 
     programs within the Office on Violence Against Women, the 
     Office of Justice Programs, and the Community Oriented 
     Policing Services Office, $10,000,000, to remain available 
     until September 30, 2010.

                                SCIENCE

             National Aeronautics and Space Administration

                                science

       For an additional amount for ``Science'', $500,000,000, to 
     remain available until September 30, 2010.

                              aeronautics

       For an additional amount for ``Aeronautics'', $250,000,000, 
     to remain available until September 30, 2010.

                              exploration

       For an additional amount for ``Exploration'', $500,000,000, 
     to remain available until September 30, 2010.

                          cross agency support

       For an additional amount for ``Cross Agency Support'', 
     $250,000,000, to remain available until September 30, 2010.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2010.

                      National Science Foundation

                    research and related activities

       For an additional amount for ``Research and Related 
     Activities'', $1,200,000,000, to remain available until 
     September 30, 2010.

          major research equipment and facilities construction

       For an additional amount for ``Major Research Equipment and 
     Facilities Construction'', $150,000,000, to remain available 
     until September 30, 2010.

                     education and human resources

       For an additional amount for ``Education and Human 
     Resources'', $50,000,000, to remain available until September 
     30, 2010.

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2010.


                     general provisions--this title

       Sec. 201.  The Assistant Secretary of Commerce for 
     Communications and Information may reissue any coupon issued 
     under section 3005(a) of the Digital Television Transition 
     and Public Safety Act of 2005 that has expired before use, 
     and shall cancel any unredeemed coupon reported as lost and 
     may issue a replacement coupon for the lost coupon.
                                 ______
                                 
  SA 544. 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:

  TITLE XVII--ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF 
                                CONGRESS

     SEC. 1701. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR 
                   MEMBERS OF CONGRESS.

       (a) In General.--Paragraph (2) of section 601(a) of the 
     Legislative Reorganization Act of 1946 (2 U.S.C. 31) is 
     repealed.
       (b) Technical and Conforming Amendments.--Section 601(a)(1) 
     of such Act is amended--
       (1) by striking ``(a)(1)'' and inserting ``(a)'';
       (2) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively; and
       (3) by striking ``as adjusted by paragraph (2) of this 
     subsection'' and inserting ``adjusted as provided by law''.
       (c) Effective Date.--This section shall take effect on 
     February 1, 2011.
                                 ______
                                 
  SA 545. Mr. JOHANNS 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, strike lines 9 through 12 and insert the 
     following:
       (1) by striking ``2008'' and inserting ``2008, 2009, or 
     2010'', and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2008, 2009, and 2010''.
                                 ______
                                 
  SA 546. 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 451, after line 13, insert the following:

     SEC. 1008. WAIVER OF 10 PERCENT PENALTY TO MAKE AN EARLY 
                   WITHDRAWAL FROM RETIREMENT ACCOUNTS FOR 
                   MORTGAGE PAYMENTS.

       (a) In General.--Section 72(t)(2) is amended by adding at 
     the end the following new subparagraph:
       ``(H) Distributions for qualified mortgage payments.--
       ``(i) In general.--Any qualified mortgage payment 
     distribution.
       ``(ii) Qualified mortgage payment distribution.--For 
     purposes of this subparagraph, the term `qualified mortgage 
     payment distribution' means any distribution to an individual 
     if such distribution--

       ``(I) is made for the purpose of making payments relating 
     to a qualifying mortgage or to the refinancing or 
     modification of any outstanding qualifying mortgage, and
       ``(II) is made on or after the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009, and 
     before January 1, 2011.

       ``(iii) Qualifying mortgage.--For purposes of this 
     subparagraph, the term `qualifying mortgage' means a security 
     interest in the debtor's principal residence (within the 
     meaning of section 121), including a principal residence that 
     is purchased using the mortgage funds.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distributions made on or after the date of the 
     enactment of this Act.

     SEC. 1009. INCREASE IN MANDATORY DISTRIBUTION AGE FOR 
                   RETIREMENT ACCOUNTS.

       (a) In General.--Sections 401, 408, and 408A are each 
     amended by striking ``70 \1/2\'' each place it appears and 
     inserting ``70 \1/2\ (72 \1/2\ in the case of distributions 
     in plan years beginning after the date of the enactment of 
     the American Recovery and Reinvestment Tax Act of 2009, and 
     before January 1, 2011)''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to distributions in plan years beginning after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 547. 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

[[Page S1878]]

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. ___. LAPSE OF ADDITIONAL SPENDING.

       (a) Lapse Unless Approved.--Notwithstanding any other 
     provision of this Act and subject to subsections (b) and (c), 
     all of the funds appropriated or otherwise made available by 
     this Act shall be available for obligation only through Sept 
     30, 2009. Any such funds not obligated by Oct. 1, 2009 shall 
     expire.
       (b) Budget Request.--Not later than September 10, 2009, the 
     President may submit to Congress a written certification that 
     spending provided in this Act is required for fiscal year 
     2010.
       (c) Congressional Resolution of Approval.--
       (1) In general.--Amount made available in this Act 
     described in subsection (a) shall be available for fiscal 
     year 2010 if Congress enacts a resolution of approval in 
     accordance with the procedures provided for a resolution of 
     disapproval under section 115(c) of the Emergency Economic 
     Stabilization Act of 2008.
       (2) Submission of certification.--For purposes of this 
     subsection, the certification of the President under this 
     section shall be deemed to be the report of the plan of the 
     Secretary under section 115(c) of the Emergency Economic 
     Stabilization Act of 2008.
                                 ______
                                 
  SA 548. Mr. MARTINEZ (for himself, Mr. Dodd, and Mr. Reid) submitted 
an amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of division B, add the following:

                    TITLE VI--FORECLOSURE MITIGATION

     SEC. 6001. SHORT TITLE.

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

     SEC. 6002. DEFINITIONS.

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

     SEC. 6003. PAYMENTS TO ELIGIBLE SERVICERS AUTHORIZED.

       (a) Authority.--The Secretary is authorized to make 
     payments to eligible servicers, subject to the terms and 
     conditions established under this title.
       (b) Fees Paid to Eligible Servicers.--
       (1) In general.--An eligible servicer may collect 
     reasonable incentive fee payments, as established by the 
     Secretary, not to exceed $2,000 per loan.
       (2) Consultation.--The fees permitted under this section 
     shall be subject to standards established by the Secretary, 
     in consultation with the Secretary of Housing and Urban 
     Development and the Chairman of the Board of Directors of the 
     Federal Deposit Insurance Corporation, which standards 
     shall--
       (A) include an evaluation of whether an eligible mortgage 
     is affordable for the remainder of its term; and
       (B) identify a reasonable fee to be paid to the servicer in 
     the event that an eligible mortgage is prepaid.
       (3) Form of payment.--Fees permitted under this section may 
     be paid in a lump sum or on a monthly basis. If paid on a 
     monthly basis, the fee may only be remitted as long as the 
     loan performs.
       (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 or the homeowner; 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 pursuant to a derivative instrument 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) 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 and percent of residential mortgage loans 
     receiving loss mitigation that have become performing loans;
       (B) the number and percent 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, including the 
     performance of mitigated loans, disagreggated for each form 
     of loss mitigation, which forms may include--
       (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 
     or forbear with respect to 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.

[[Page S1879]]

       (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 and summary data.

     SEC. 6004. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 6005. SUNSET OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title shall terminate on December 31, 2011.
                                 ______
                                 
  SA 549. 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 237, line 2, strike the period at the end and 
     insert ``: Provided further, That the Secretary of 
     Transportation may waive local road limitations under section 
     133(c) of title 23, United States Code, with respect to a 
     State with no urbanized area with a population that exceeds 
     200,000.''.
                                 ______
                                 
  SA 550. Mr. ROCKEFELLER (for himself and Mrs. Hutchison) 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 229, line 2, after ``publish'' insert ``application 
     procedures and grant''.
       On page 237, line 13, strike ``qualify:'' and insert 
     ``qualify, but the Secretary of Transportation may waive the 
     requirement that the project or program be in a State rail 
     plan developed under chapter 227 of title 49, United States 
     Code:''.
       On page 237, line 24, strike ``24405(a)'' and insert 
     ``24405''.
       On page 238, line 6, strike ``heading.'' and insert 
     ``heading: Provided further, That sections 3501 through 3521 
     of title 44, United States Code, shall not apply to the 
     provision of funds under this heading.''.
       On page 238, line 18, strike ``capacity:'' and insert 
     ``capacity or improve passenger rail service reliability:''.
       On page 238, line 22, strike ``for such activities''.
       On page 238, line 23, strike ``sources:'' and insert 
     ``sources for such activities that are planned to occur 
     within 2 years after the date of enactment of this Act:''.
       On page 239, line 18, strike ``paragraph.'' and insert 
     ``paragraph: Provided further, That the Secretary of 
     Transportation may administer such grants pursuant to interim 
     guidance to applicants covering grant terms, conditions, and 
     procedures until regulations are issued under section 
     26106(g) of title 49, United States Code: Provided further, 
     That the Secretary may waive the requirement that the project 
     or program be in a State rail plan developed under chapter 
     227 of title 49, United States Code, or on a designated 
     corridor, for grants made under this heading: Provided 
     further, That sections 24403(a) and (c) of title 49, United 
     States Code, shall apply to funds provided under this 
     heading: and Provided further, That sections 3501 through 
     3521 of title 44, United States Code, shall not apply to the 
     provision of funds under this heading.''.
                                 ______
                                 
  SA 551. 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 448, after line 15, insert the following:

     SEC. 1005. MODIFICATION OF QUALIFIED TUITION PROGRAMS.

       (a) In General.--Subparagraph (A) of section 529(e)(3) is 
     amended--
       (1) by striking ``and'' at the end of clause (i),
       (2) by striking the period at the end of clause (ii) and 
     inserting ``; and'', and
       (3) by adding at the end the following new clause:
       ``(iii) expenses relating to repayment, interest, and 
     security of a loan described in section 221(d)(1).''.
       (b) Security.--Paragraph (5) of section 529(b) is amended 
     by inserting ``, other than a loan described in section 
     221(d)(1)'' after ``as security for a loan''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 552. Mr. BAUCUS (for himself 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 35, strike lines 17 through 22, and insert the 
     following:

     SEC. 105. STATE AND LOCAL GOVERNMENTS.

       Section 1001 of the Food Security Act of 1985 (7 U.S.C. 
     1308) is amended--
       (1) in subsection (a)(3), by inserting ``(other than an 
     entity referred to in subsection (f)(6))'' after ``an 
     entity''; and
       (2) in subsection (f)(6)(A), by inserting ``(other than the 
     conservation reserve program established under subchapter B 
     of chapter 1 of subtitle D of title XII of this Act)'' before 
     the period at the end.
                                 ______
                                 
  SA 553. 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 70, lines 15 and 16, after ``Provided,'', insert 
     the following: ``That $100,000,000 shall be made available 
     for grants to homeowners and business owners for the 
     installation of central heating systems using renewable 
     energy sources (including solar radiation, geothermal energy, 
     wood pellets, and wind): Provided further,''.
                                 ______
                                 
  SA 554. 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.--Section 257(c)(1) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as it was in effect on 
     September 30, 2006, shall not apply to any of the 
     discretionary budgetary resources provided in this Act for 
     fiscal year 2009 or any subsequent fiscal year.
                                 ______
                                 
  SA 555. 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 4, strike ``$6,400,000,000'' and insert 
     ``$25,400,000,000''.
       On page 118, line 5, strike ``$4,000,000,000'' and insert 
     ``$20,000,000,000''.
       On page 118, line 9, strike ``$2,000,000,000'' and insert 
     ``$5,000,000,000''.
       On page 142, line 13, strike ``$17,070,000,000'' and insert 
     ``$1,070,000,000''.
       On page 146, line 3, strike ``$3,500,000,000'' and insert 
     ``$500,000,000''.
                                 ______
                                 
  SA 556. Ms. LANDRIEU (for herself, Mr. Vitter, Ms. Stabenow, Mr.

[[Page S1880]]

Cardin, 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 61, line 22, strike ``$2,000,000,000'' and insert 
     ``$2,450,000,000''.
       On page 62, line 3, insert ``Provided further, That not 
     less than $430,000,000 of the funds provided shall be 
     provided for large-scale aquatic ecosystem restoration:'' 
     after ``assistance:''.
       On page 65, line 4, strike ``$1,900,000,000'' and insert 
     ``$2,350,000,000''.
       On page 65, line 23, insert ``Provided further, That in any 
     case in which restoration or storm protection benefits are 
     available through the beneficial use of dredged material 
     produced by an operation and maintenance activity, that use, 
     up to an additional 15 percent of least-cost disposal, shall 
     be required as part of the operation and maintenance activity 
     and budget:'' after ``complete:''.
       On page 115, line 4, insert before the period at the end 
     the following: ``, of which not less than $50,000,000 shall 
     be used for habitat restoration projects (including grant 
     programs for wetlands restoration)''.
       On page 120, between lines 10 and 11, insert the following:

                 environmental programs and management

       For an additional amount for ``Environmental Programs and 
     Management,'' $300,000,000, for existing large-scale aquatic 
     ecosystem programs and related activities: Provided, That 
     funds provided under this heading shall be used only for 
     programs, projects, or activities that, as of the date of 
     enactment of this Act, receive funds provided in Acts making 
     appropriations available for the Department of the Interior, 
     the Environmental Protection Agency, and related agencies: 
     Provided further, That the Administrator of the Environmental 
     Protection Agency may waive cost-sharing requirements for the 
     use of funds made available under this heading.
                                 ______
                                 
  SA 557. Mr. REID (for Mr. Kennedy (for himself, Mr. Voinovich, Mr. 
Kerry, and Mrs. Shaheen)) submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 404, add the following:
       (c) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Energy should--
       (1) expedite the issuance of all pending and qualified loan 
     guarantees to maximize the rapid stimulus effect of provided 
     funds;
       (2) 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 1702(b)(2) of that Act 
     (42 U.S.C. 16512(b)(2)) that fall within the categories 
     described in section 1705(b) of that Act ; and
       (3) apply the loan guarantee authority made available to 
     move expeditiously to award other pending and qualified loan 
     guarantee applications under section 1702(b)(2) of that Act 
     (42 U.S.C. 16512(b)(2)).
                                 ______
                                 
  SA 558. 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 231, line 24, after the semicolon, insert the 
     following: ``Provided further, That the Federal Aviation 
     Administration shall make available amounts appropriated 
     under this Act to reimburse eligible expenditures for the 
     relocation and digitization of omni directional range 
     navigation devices (DVOR) to enable or facilitate the 
     construction of wind power development projects:''.
                                 ______
                                 
  SA 559. 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:
       (a) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title IV of this Act, for the Department of Energy under the 
     heading ``Fossil Energy Research and Development'' may be 
     available for the 1 or more zero emission powerplants, and 
     the amount made available under such title is reduced by 
     $2,000,000,000.
       (b) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title IV of this Act, for the Coast Guard under the heading 
     ``Acquisition, Construction, and Improvements'' may be 
     available for the design of a new polar icebreaker or the 
     renovation or major repair of an existing polar icebreaker, 
     and the amount made available under such title is reduced by 
     $87,500,000.
       (c) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title VIII of this Act, for the Department of Health and 
     Human Services under the heading ``Public Health and Social 
     Services Emergency Fund'' may be available for sexually 
     transmitted diseases prevention, and the amount available 
     under such title is reduced by $400,000,000.
       (d) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title VIII of this Act, for the Department of Health and 
     Human Services under the heading ``Public Health and Social 
     Services Emergency Fund'' may be available for tobacco 
     cessation and smoking prevention, and the amount available 
     under such title is reduced by $75,000,000.
       (e) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title V of this Act, for the General Services Administration 
     under the heading ``Federal Buildings Fund'' may be 
     available, and the amount available under such title is 
     reduced by $9,048,000,000.
       (f) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title IV for the Bureau of Reclamation under the heading 
     ``Water and Related Resources'' may be available for an 
     inspection of canals program in urbanized areas, and the 
     amount made available under such title is reduced by 
     $10,000,000.
       (g) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title V of this Act, for the General Services Administration 
     under the heading ``Energy-Efficient Federal Motor Vehicle 
     Fleet Procurement'' may be available, and the amount made 
     available under such title is reduced by $600,000.
       (h) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title XII of this Act, for the Federal Railroad 
     Administration under the heading ``Supplemental Capital 
     Grants to the National Railroad Passenger Corporation'' may 
     be available, and the amount made available under such title 
     is reduced by $850,000,000.
       (i) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title II of this Act, for the National Aeronautics and Space 
     Administration may be available, and the amount available 
     under such title is reduced by $1,500,000,000.
       (j) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title II of this Act, for the National Science Foundation may 
     be available, and the amount available under such title is 
     reduced by $1,402,000,000.
       (k) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title X of this Act, for the Department of State under the 
     heading ``Diplomatic and Consular Programs'' may be available 
     for consolidated security training facility in the United 
     States, and the amount made available under such title is 
     reduced by $75,000,000.
       (l) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title VI, of this Act, for the Health Resources and Services 
     Administration under the heading ``Health Resources and 
     Services'' may be available for leasing and renovating a 
     headquarters building for Public Health Service agencies, and 
     the amount made available under such title is reduced by 
     $88,000,000.
       (m) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title II of this Act, for the Federal Prison System may be 
     available, and the amount made available under such title is 
     reduced by $1,000,000,000.
       (n) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title VIII of this Act, for the Employment and Training 
     Administration under the heading ``Training and Employment 
     Services'' may be available for grants to States for youth 
     activities, and the amount made available under such title is 
     reduced by $1,200,000,000.
       (o) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title VIII of this Act, for the Centers for Disease Control 
     and Prevention under the heading ``Disease Control, Research, 
     and Training'' may be available for the acquisition of real 
     property,

[[Page S1881]]

     equipment, construction, and renovation of facilities, and 
     the amount made available under such title is reduced by 
     $412,000,000.
       (p) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title VIII of this Act, for the National Institutes of Health 
     under the heading ``Buildings and Facilities'' may be 
     available, and the amount made available under such title is 
     reduced by $500,000,000.
       (q) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title V of this Act, for the Bureau of the Census under the 
     heading ``Periodic Censuses and Programs'' may be available, 
     and the amount available under such title is reduced by 
     $1,000,000,000.
       (r) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title VII of this Act, for the Smithsonian Institution under 
     the heading ``Facilities Capital'' may be available, and the 
     amount made available under such title is reduced by 
     $150,000,000.
       (s) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title XII of this Act, for the Department of Housing and 
     Urban Development under the heading ``Office of Healthy Homes 
     and Lead Hazard Control'' may be available, and the amount 
     made available under such title is reduced by $100,000,000.
       (t) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title II of this Act, for the National Institute of Standards 
     and Technology under the heading ``Construction of Research 
     Facilities'' may be available, and the amount made available 
     under such title is reduced by $357,000,000.
       (u) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title II of this Act, for the National Telecommunications and 
     Information Administration under the heading ``Digital-To-
     Analog Converter Box Program'' may be available for the 
     digital-to-analog converter box program, and the amount made 
     available under such title is reduced by $650,000,000.
       (v) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available in 
     title IV of this Act, for Department of Homeland Security 
     under the heading ``Office of the Under Secretary for 
     Management'' may be available for the planning, design, and 
     construction costs to consolidate the Department of Homeland 
     Security headquarters, and the amount made available under 
     such title is reduced by $448,000,000.
                                 ______
                                 
  SA 560. Mrs. HUTCHISON (for herself, Mr. Rockefeller, 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:

     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, $200,000,000, 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.


                              (recission)

       Of the amounts authorized under sections 48103 and 48112 of 
     title 49, United States Code, $200,000,000 are permanently 
     rescinded from amounts authorized for the fiscal year ending 
     September 30, 2009.
                                 ______
                                 
  SA 561. Mr. TESTER (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 106, line 21, strike ``border'' and insert ``and 
     Northern borders''.
                                 ______
                                 
  SA 562. Mr. ROBERTS 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 in the matter under the heading 
     ``DEPARTMENT OF LABOR'' in title VIII, insert the following:
       Sec. __.  Notwithstanding any other provision of law, in 
     the case of a national emergency grant under section 173 of 
     the Workforce Investment Act of 1998 (29 U.S.C. 2918) to 
     address the effects of the May 4, 2007, Greensburg, Kansas 
     tornado, funds made available for such grant shall remain 
     available for expenditure through June 30, 2010.
                                 ______
                                 
  SA 563. 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 451, between lines 13 and 14, insert the following:

     SEC. ____. LOSS FROM SALE OR EXCHANGE OF STOCK OR DEBT 
                   SECURITIES OF, OR HELD BY, CORPORATIONS.

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

     ``SEC. 1261. LOSS FROM SALE OR EXCHANGE OF STOCK OR DEBT 
                   SECURITIES OF, OR HELD BY, CORPORATIONS.

       ``In the case of a taxable year beginning after December 
     31, 2008, and before January 1, 2011, loss from the sale or 
     exchange of stock or debt securities of, or held by, any 
     corporation which would (but for this section) be a loss from 
     the sale or exchange of a capital asset shall be treated as 
     an ordinary loss.''.
       (b) Clerical Amendment.--The table of sections for such 
     part IV is amended by adding at the end the following new 
     item:

``Sec. 1261. Loss from sale or exchange of stock or debt securities of, 
              or held by, corporations.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to sales or exchanges occurring after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

     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 and 
     2010.--In the case of a taxable year beginning after December 
     31, 2008, and before January 1, 2011, subsection (b)(1) shall 
     be applied by substituting `$10,000 ($20,000 in the case of a 
     joint return)' for `$3,000 ($1,500 in the case of a married 
     individual filing a separate return)'.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 564. 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 second sentence of Section 257(c)(1) of 
     The Balanced Budget and Emergency Deficit Control Act of 
     1985, as it was in effect on September 30, 2006, shall not 
     apply to any of the discretionary budgetary resources 
     provided in this Act for fiscal year 2090 or any subsequent 
     fiscal year.

[[Page S1882]]

                                 ______
                                 
  SA 565. Ms. SNOWE (for herself 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:

       Beginning on page 338, strike line 19 and all that follows 
     through line 9 on page 339, and insert the following:
       ``(1) Breach.--
       ``(A) In general.--The term `breach' means the unauthorized 
     acquisition, access, use, or disclosure of protected health 
     information which compromises the security or privacy of such 
     information, except where an unauthorized person to whom such 
     information is disclosed would not reasonably have been able 
     to retain such information.
       ``(B) Exceptions.--The term `breach' does not include--
       ``(i) any unintentional acquisition, access, or use of 
     protected health information by an employee or individual 
     acting under the authority of a covered entity or business 
     associate if--

       ``(I) such acquisition, access, or use was made in good 
     faith and within the course and scope of the employment or 
     other professional relationship of such employee or 
     individual, respectively, with the covered entity or business 
     associate; and
       ``(II) such information is not further acquired, accessed, 
     used, or disclosed by such employee or individual; or

       ``(ii)(I) any inadvertent disclosure from an individual who 
     is otherwise authorized to access protected health 
     information at a facility operated by a covered entity or 
     business associate to another similarly situated individual 
     at same facility; and
       ``(II) any such information received as a result of such 
     disclosure is not further acquired, accessed, used, or 
     disclosed without authorization by such employee or 
     individual.''.
                                 ______
                                 
  SA 566. Ms. SNOWE (for herself 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:

       Beginning on page 338, strike line 19 and all that follows 
     through line 9 on page 339, and insert the following:
       ``(1) Breach.--
       ``(A) In general.--The term `breach' means the unauthorized 
     acquisition, access, use, or disclosure of protected health 
     information which compromises the security or privacy of such 
     information, except where an unauthorized person to whom such 
     information is disclosed would not reasonably have been able 
     to retain such information.
       ``(B) Exceptions.--The term `breach' does not include--
       ``(i) any unintentional acquisition, access, or use of 
     protected health information by an employee or individual 
     acting under the authority of a covered entity or business 
     associate if--

       ``(I) such acquisition, access, or use was made in good 
     faith and within the course and scope of the employment or 
     other professional relationship of such employee or 
     individual, respectively, with the covered entity or business 
     associate; and
       ``(II) such information is not further acquired, accessed, 
     used, or disclosed by such employee or individual; or

       ``(ii)(I) any inadvertent disclosure from an individual who 
     is otherwise authorized to access protected health 
     information at a facility operated by a covered entity or 
     business associate to another similarly situated individual 
     at same facility; and
       ``(II) any such information received as a result of such 
     disclosure is not further acquired, accessed, used, or 
     disclosed without authorization by such employee or 
     individual.''.
                                 ______
                                 
  SA 567. Mr. BENNETT (for himself, Ms. Murkowski, 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 investement, 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 70, strike line 12 and all that follows 
     through page 72, line 22, and insert the following:

                 energy efficiency and renewable energy

       For an additional amount for ``Energy Efficiency and 
     Renewable Energy'', $14,398,000,000, for necessary expenses, 
     to remain available until September 30, 2010, which shall be 
     used as follows:
       (1) $2,000,000,000 shall be available for grants for the 
     manufacturing of advanced batteries and components and the 
     Secretary of Energy shall provide facility funding awards 
     under this heading to manufacturers of advanced battery 
     systems and vehicle batteries that are produced in the United 
     States, including advanced lithium ion batteries, hybrid 
     electrical systems, component manufacturers, and software 
     designers: Provided, That section 136(b) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17013(b)) 
     shall be applied for each of fiscal years 2009 and 2010 by 
     striking ``30 percent'' and inserting ``90 percent''.
       (2) $2,048,000,000 shall be available for expenses 
     necessary for energy efficiency and renewable energy 
     research, development, demonstration, and deployment 
     activities: Provided further, That--
       (A) not less than $100,000,000 shall be for the building 
     codes training and technical assistance program of the 
     Department of Energy, including section 304 of the Energy 
     Conservation and Production Act (42 U.S.C. 6833);
       (B) not less than $180,000,000 shall be available for 
     renewable energy construction grants under section 803 of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 
     17282), geothermal energy programs and grants under sections 
     613, 614, 615, and 625 of that Act (42 U.S.C. 17192, 17193, 
     17194, 17204), and the marine and hydrokinetic renewable 
     energy technologies program established under section 633 of 
     that Act (42 U.S.C. 17212); and
       (C) the Secretary of Energy shall increase the ceiling on 
     energy savings performance contracts entered into under 
     section 801 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8287) prior to December 1, 2008, to ensure that 
     projects for which a contractor has been selected under the 
     contracts are concluded in a timely manner.
       (3) $2,900,000,000 shall be available for the 
     Weatherization Assistance Program under part A of title IV of 
     the Energy Conservation and Production Act (42 U.S.C. 6861 et 
     seq.).
       (4) $500,000,000 shall be available for the State Energy 
     Program authorized under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321).
       (5) $4,200,000,000 shall be available for Energy Efficiency 
     and Conservation Grants, of which--
       (A) $2,100,000,000 is available through the formula in 
     subtitle E of title V of the Energy Independence and Security 
     Act of 2007 (42 U.S.C. 17151 et seq.); and
       (B) the remaining $2,100,000,000 shall be awarded on a 
     competitive basis.
       (6) $350,000,000 shall be available for grants to implement 
     section 721 of the Energy Policy Act of 2005 (42 U.S.C. 
     16091) for acquisition and alternative fuel or fuel-cell 
     vehicles, especially for transportation purposes.
       (7) $200,000,000 shall be available for grants to States 
     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 
     plug-in electric drive vehicles and for near term large-scale 
     electrification projects aimed at the transportation sector.
       (8) No funds are provided for grants under section 399A of 
     the Energy Policy and Conservation Act (42 U.S.C. 6371h-1).
       (9) $2,200,000,000 shall be available to off-set the costs 
     associated with Federal purchases of electricity generated by 
     renewable energy under section 203(e) of the Energy Policy 
     Act of 2005 (42 U.S.C. 15852(e)).
       (10) Notwithstanding section 3304 of title 5, United States 
     Code, and without regard to sections 3309 through 3318 of 
     such title 5, the Secretary of Energy, on a determination 
     that there is a severe shortage of candidates or a critical 
     hiring need for particular positions, may, using funds 
     provided under this heading, recruit and directly appoint 
     highly-qualified individuals into the competitive service: 
     Provided further, That--
       (A) such authority shall not apply to positions in the 
     Excepted Service or the Senior Executive Service;
       (B) any action authorized under this paragraph shall be 
     consistent with the merit principles of section 2301 of such 
     title 5; and
       (C) the Department of Energy shall comply with the public 
     notice requirements of section 3327 of such title 5.
       (11) $60,000,000 shall be available for infrastructure 
     investments to support smart grid and related grid equipment 
     testing activities of the National Laboratories.
       On page 73, line 18, insert ``transmission plans, 
     including'' before ``regional''.
       Beginning on page 74, strike line 22 and all that following 
     through page 75, line 2, and insert the following: Provided 
     further, That $1,520,000,000 is available for competitive 
     solicitations for a range of industrial applications: 
     Provided further, That, pursuant to section 703 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17251), at 
     least $1,420,000,000 is available for projects that 
     demonstrate carbon capture from industrial sources: Provided 
     further, That awards for such projects under section 703 of 
     that Act may include power plant efficiency improvements for 
     integration with carbon capture technology: Provided further, 
     That, pursuant to section 963 of the Energy Policy Act of

[[Page S1883]]

     2005 (42 U.S.C. 16293), up to $100,000,000 may be available 
     for a competitive solicitation for pilot and commercial scale 
     projects that advance innovative and novel concepts for 
     carbon dioxide capture and beneficial carbon dioxide reuse.
       On page 77, line 14, before the period, insert the 
     following: ``: Provided further, That any fee imposed on an 
     applicant in excess of the actual administrative costs to the 
     Department of Energy in processing a loan guarantee 
     application shall be refundable to the applicant if there is 
     no financial close on that application''.
       On page 85, line 25, insert ``and demand responsive 
     equipment and'' after ``grid''.
       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.
       On page 90, between lines 14 and 15, insert the following:

     SEC. 4__. FEDERAL PURCHASES OF ELECTRICITY GENERATED BY 
                   RENEWABLE ENERGY.

       (a) In General.--Section 203 of the Energy Policy Act of 
     2005 (42 U.S.C. 15852) is amended by adding at the end the 
     following:
       ``(e) Contract Period.--
       ``(1) In general.--Notwithstanding section 501(b)(1)(B) of 
     title 40, United States Code, a contract entered into by a 
     Federal agency to acquire renewable energy may be made for a 
     period of not more than 30 years.
       ``(2) Technical assistance.--The Secretary shall provide 
     technical assistance to Federal agencies to enter into 
     contracts under this subsection.
       ``(3) Standardized renewable energy purchase agreement.--
     Not later than 90 days after the date of enactment of this 
     subsection, the Secretary, acting through the Federal Energy 
     Management Program, shall publish a standardized renewable 
     energy purchase agreement setting forth commercial terms and 
     conditions that can be used by Federal agencies to acquire 
     renewable energy.''.
       (b) Funding.--The amount otherwise made available for 
     ``Energy Efficiency and Renewable Energy'' by the matter 
     under the heading ``energy efficiency and renewable energy'' 
     under the heading ``Energy Programs'' under the heading 
     ``DEPARTMENT OF ENERGY'' of this title shall be reduced by 
     the amount necessary to carry out the amendment made by 
     subsection (a).
                                 ______
                                 
  SA 568. Mr. BOND (for himself and Mr. Cochran) 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 
investement, 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__. REQUIREMENT RELATING TO USE OF CERTAIN FUNDS.

       (a) Definition of Project.--In this section, the term 
     ``project'' means the Mississippi River and Tributaries 
     Project authorized by the Act of May 15, 1928 (45 Stat. 534; 
     100 Stat. 4183).
       (b) Restriction.--No amount appropriated or otherwise made 
     available in the matter under the heading entitled 
     ``DEPARTMENT OF DEFENSE--CIVIL'' may be used to deconstruct 
     any work (including any partially completed work) completed 
     under the project during fiscal year 2009 or 2010.

                          ____________________