[Congressional Record Volume 155, Number 130 (Tuesday, September 15, 2009)]
[Senate]
[Pages S9382-S9388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2370. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) None of the funds made available by this Act 
     may be used for any purpose described in subsection (b) until 
     the date on which the Secretary of Transportation certifies, 
     based on the estimates made under section 9503(d)(1) of the 
     Internal Revenue Code of 1986 of unfunded highway 
     authorizations in relation to net highway receipts (as those 
     terms are defined in that section) for the period of fiscal 
     years 2010 through 2013, that the Highway Trust Fund contains 
     or will contain amounts sufficient to cover all such unfunded 
     highway authorizations for those fiscal years.
       (b) The purposes referred to in subsection (a) are--
       (1) the reduction of vehicle-caused wildlife mortality or 
     the maintenance of habitat connectivity;
       (2) transportation museums;
       (3) scenic beautification projects; and
       (4) pedestrian or bicycle facility projects.
                                 ______
                                 
  SA 2371. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. 1___.  None of the funds made available by this Act 
     may be used to implement section 133(d)(2) of title 23, 
     United States Code.
                                 ______
                                 
  SA 2372. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds made available by this Act may 
     be used for a museum.
                                 ______
                                 
  SA 2373. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds made available by this Act may 
     be used for the reduction of vehicle-caused wildlife 
     mortality or the maintenance of habitat connectivity.
                                 ______
                                 
  SA 2374. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON COST OF GOVERNMENT-OWNED RESIDENTIAL 
                   HOMES.

       (a) In General.--The Secretary of Housing and Urban 
     Development shall prepare a report, and post such report on 
     the public website of the Department of Housing and Urban 
     Development (in this section referred to as the 
     ``Department''), regarding the number of homes owned by the 
     Department and the budget impact of acquiring, maintaining, 
     and selling such homes.
       (b) Content.--The report required by this section shall 
     include--
       (1) the number of residential homes that the Department 
     owned during the years 2004 and 2009;
       (2) an itemized breakdown of the total annual financial 
     impact, including losses and gains from selling homes and 
     maintenance and acquisition of homes, of home ownership by 
     the Department since 2004;
       (3) a detailed explanation of the reasons for the ownership 
     by the Department of the homes;
       (4) a list of the 10 urban areas in which the Department 
     owns the most homes and the rate of homelessness in each of 
     those areas; and
       (5) a list of the 10 States in which the Department owns 
     the most homes and the rate of homelessness in each of those 
     States.
                                 ______
                                 
  SA 2375. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a)  Notwithstanding any other provision of this 
     Act, amounts provided in this Act for a congressionally 
     directed spending item shall be made available to the 
     Department of Transportation for NextGen and NextGen 
     programs.
        (b) In this section, the term ``congressionally directed 
     spending item'' shall have the same meaning given such term 
     in rule XLIV of the Standing Rules of the Senate.
                                 ______
                                 
  SA 2376 Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of

[[Page S9383]]

Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       At the appropriate place, insert the following:
       Sec.--. None of the funds made available in this act shall 
     be used to restrict implementation or enforcement of the 
     community service requirements under section 12(c) of the 
     United States Housing Act of 1937 (42 U.S.C. 1437j(c)).
                                 ______
                                 
  SA 2377. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), any report 
     required to be submitted by a Federal agency or department to 
     the Committee on Appropriations of either the Senate or the 
     House of Representatives in this Act shall be posted on the 
     public website of that agency upon receipt by the committee.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
                                 ______
                                 
  SA 2378. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 173, line 18, strike ``$2,942,352,000'' and insert 
     ``$4,142,352,000''.
       On page 210, strike line 15 and all that follows through 
     page 213, line 2.
                                 ______
                                 
  SA 2379. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 173, line 18, strike ``$2,942,352,000'' and insert 
     ``$5,845,576,210''.
       On page 210, strike line 15 and all that follows through 
     page 213, line 2.
       On page 332, after line 25, add the following:
       Sec. 415.  Notwithstanding any other provision in this Act, 
     all amounts designated as congressionally directed spending 
     items in Senate Report 111-69 are rescinded.
                                 ______
                                 
  SA 2380. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENHANCED VOUCHER ASSISTANCE FOR CERTAIN ASSISTED 
                   HOUSING RESIDENTS.

       (a) Enhanced Voucher Assistance.--Notwithstanding any other 
     provision of law, contract, or covenant, and subject only to 
     the availability of amounts provided in advance in 
     appropriation Acts--
       (1) upon the expiration, pursuant to paragraph (2), of the 
     use restrictions applicable to the covered properties 
     pursuant to the Emergency Low Income Housing Preservation Act 
     of 1987 (12 U.S.C. 17151 note), each family who is an 
     eligible low-income or moderate income family, as such terms 
     are used for purposes of section 223(f)(2)(A) of the Low-
     Income Housing Preservation and Resident Homeownership Act of 
     1990 (12 U.S.C. 4113(f)(2)(A)), and, as of such expiration, 
     is residing in dwelling unit in the covered properties not 
     covered by project-based rental assistance, shall be offered 
     enhanced voucher assistance under section 8(t) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(t)), and each 
     such family who chooses to remain in the covered properties 
     shall have 3 years from the date of the issuance of such 
     enhanced voucher to commence use of the voucher;
       (2) such use restrictions applicable to the covered 
     properties shall be deemed to expire on March 1, 2010, but 
     only if the owner of the covered properties enters into 
     agreements with the Secretary to maintain the project-based 
     rental assistance for the properties for a period beginning 
     upon such expiration of not fewer than 20 years; and
       (3) the contract rents for dwelling units in the covered 
     properties covered by project-based rental assistance shall 
     be determined during the period ending upon the expiration of 
     such use restrictions pursuant to paragraph (2) based upon 
     the rents for comparable unassisted and unrestricted units in 
     the area in which the covered properties are located; except 
     that before May 1, 2012, the rental assistance payments for 
     such project-based units in the covered property known as 
     Georgetowne Houses II shall be restricted to the rent levels 
     provided under the Emergency Low Income Housing Preservation 
     Act of 1987.
       (b) Covered Properties.--For purposes of this section, the 
     term ``covered properties'' means the housing developments 
     known as Georgetowne Houses I and II (formerly identified by 
     FHA project nos. 023-55058 and 023-55179), located in Boston, 
     Massachusetts.
       (c) Funding.--Amounts for the enhanced vouchers pursuant to 
     this section shall be provided under amounts appropriated for 
     tenant-based rental assistance otherwise authorized under 
     section 8(t) of the United States Housing Act of 1937.
       (d) Applicability.--This section shall take effect upon the 
     date of enactment of this Act, and nothing in this section 
     may be construed to require any administrative guidance.
                                 ______
                                 
  SA 2381. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 3288, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2010, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 194, after line 23, add the following:
       Sec. 1___.  The table contained in section 1702 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1256) is amended in item 
     number 2406 (119 Stat. 1350) by striking ``in Fort Worth'' in 
     the project description and inserting ``, or construct SH 199 
     (Henderson St.) through the Trinity Uptown Project between 
     the West Fork and Clear Fork of the Trinity River, in Fort 
     Worth''.
                                 ______
                                 
  SA 2382. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 223, between lines 22 and 23, insert the following:
       Sec. 172. (a) Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Transportation, in 
     coordination with the Administrator of the Federal Transit 
     Administration, shall submit a report and implementation plan 
     to the Committee on Banking, Housing, and Urban Affairs of 
     the Senate, the Committee on Transportation and 
     Infrastructure of the House of Representatives, the Committee 
     on Appropriations of the Senate, and the Committee on 
     Appropriations of the House of Representatives.
       (b) The report and plan required under subsection (a) shall 
     include recommendations, including legislative proposals and 
     actions that will be taken by the Department of 
     Transportation, for--
       (1) reducing the amounts appropriated pursuant to section 
     5316 of title 49, United States Code, for the Job Access and 
     Reverse Commute Program (referred to in this section as the 
     ``Program'') that lapse before being utilized;
       (2) reducing, revising, or eliminating reporting and 
     certification requirements under the Program that act as a 
     deterrent to potential applicants without significantly 
     increasing the integrity of the program; and
       (3) addressing the concerns and challenges cited by States 
     and local authorities in the Government Accountability Office 
     report entitled ``Progress and Challenges in Implementing and 
     Evaluating the Job Access and Reverse Commute Program'' (GAO-
     09-496), issued May 21, 2009), including recommendations 
     related to--
       (A) reducing the effort required to obtain and maintain 
     funding for the Program;
       (B) whether specific reporting and certification 
     requirements improve program integrity relative to the burden 
     on grantees;
       (C) whether duplicative efforts in administering the 
     Program with other Federal Transit Administration programs 
     could be streamlined;
       (D) whether additional technical assistance or reduced 
     administrative burdens would improve the participation of 
     small nonprofit organizations and other local authorities 
     that lack experience with Federal grants; and
       (E) whether reduced matching fund requirements for certain 
     types of applicants or after an initial grant solicitation 
     fails to attract sufficient interest would reduce the amount 
     of funds that lapse.
                                 ______
                                 
  SA 2383. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of

[[Page S9384]]

Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Notwithstanding any other provision of this Act, 
     amounts made available in this Act for foreclosure prevention 
     efforts shall be allocated by the Secretary of Housing and 
     Urban Development solely on the basis of need.
                                 ______
                                 
  SA 2384. Mr. SPECTER (for himself and Mr. Casey) submitted an 
amendment intended to be proposed by him to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 240, between lines 18 and 19, insert the following:
       Sec. 197.  Section 199 of the Department of Transportation 
     Appropriations Act, 2009 (division I of Public Law 111-8) is 
     amended by striking ``fiscal year 2009'' and inserting 
     ``fiscal years 2009 and 2010''.
                                 ______
                                 
  SA 2385. Mrs. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 240, between lines 18 and 19, insert the following:
       Sec. 197. (a) Subchapter III of chapter 311 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 31152. Transportation of horses

       ``(a) In General.--A person may not transport, or cause to 
     be transported, a horse from a place in a State through or to 
     a place in another State in a commercial motor vehicle that--
       ``(1) has 2 or more levels stacked on top of one another; 
     or
       ``(2) contains more than 30 horses.
       ``(b) Enforcement.--
       ``(1) In general.--If the Administrator of the Federal 
     Motor Carrier Safety Administration determines that a person 
     has violated subsection (a) after providing that person with 
     notice and an opportunity for a hearing in accordance with 
     section 554 of title 5, United States Code, the Administrator 
     shall impose a civil penalty of not less than $1,000 and not 
     more than $5,000 for each horse that the person transported, 
     or caused to be transported, in violation of subsection (a).
       ``(2) Relationship to other laws.--A civil penalty imposed 
     under this subsection shall be in addition to any other 
     penalty or remedy available under any other law.
       ``(c) Definitions.--In this section:
       ``(1) Commercial motor vehicle.--The term `commercial motor 
     vehicle' has the meaning given that term in section 31101.
       ``(2) State.--The term `State' means any of the several 
     States, the District of Columbia, or any other territory or 
     possession of the United States.''.
       (b) The table of sections for such chapter is amended by 
     inserting after the item relating to section 31151 the 
     following:

       ``31152. Transportation of horses.''.
                                 ______
                                 
  SA 2386. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Section 3044(a) of SAFETEA-LU (Public Law 109-
     59) is amended by striking the description for item 386 and 
     inserting ``Suffolk County, NY Extended preliminary 
     engineering, design, and construction of intermodal facility 
     in Wyandanch''.
                                 ______
                                 
  SA 2387. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 886, to establish a program to provide 
guarantees for debt issued by State catastrophe insurance programs to 
assist in the financial recovery from natural catastrophes; which was 
referred to the Committee on Banking, Housing, and Urban Affairs; as 
follows:

       On page 5, line 24, strike ``Any'' and insert 
     ``Notwithstanding any other provision of law, including 
     section 1341 of title 31, United States Code (commonly known 
     as the `Anti-Deficiency Act') and section 11 of title 41, 
     United States Code (commonly known as the `Adequacy of 
     Appropriations Act'), any''.
       On page 8, line 25, after ``section'' insert ``(excluding 
     any fees collected under subsection (c)(4))''.
       On page 16, line 19, strike ``(a) IN GENERAL.--''.
       On page 16, line 22, strike ``market risk'' and insert 
     ``risk to the Government''.
       On page 16, strike line 23 and all that follows through 
     page 17, line 3.
                                 ______
                                 
  SA 2388. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 318, between lines 11 and 12, insert the following:

     SEC. 234. REPORT ON HUD PROGRAMS IN HURRICANE DISASTER AREAS.

       (a) Definitions.--In this section--
       (1) the terms ``Department'' and ``Secretary'' mean the 
     Department of Housing and Urban Development and the Secretary 
     thereof, respectively;
       (2) the term ``covered program'' means a program--
       (A) relating to recovery from Hurricane Katrina of 2005 or 
     Hurricane Rita of 2005; or
       (B) carried out using funds made available under the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 115); and
       (3) the term ``hurricane disaster area'' means an area for 
     which the President has declared a major disaster, as that 
     term is defined in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122), as a result of Hurricane Katrina of 2005, Hurricane 
     Rita of 2005, Hurricane Gustav of 2008, or Hurricane Ike of 
     2008.
       (b) Report Required.--Not later than 6 months after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives a 
     report that--
       (1) evaluates the block-by-block impact of any project 
     approved for a hurricane disaster area under a program of the 
     Department, including any project under a covered program;
       (2) identifies any impediments to the use of programs of 
     the Department (including covered programs) to carry out 
     projects in hurricane disaster areas, including--
       (A) any program requirements or regulations;
       (B) a lack of administrative or program staff capacity; and
       (C) a lack of clear process for requesting and receiving 
     reimbursements of project funds; and
       (3) makes recommendations, if any, on how--
       (A) to improve coordination between Federal, State, and 
     local agencies; and
       (B) for each block of a hurricane disaster area, to 
     expedite the implementation of any project carried out in 
     such block using Federal funds.
                                 ______
                                 
  SA 2389. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. HURRICANE ASSISTANCE TO FAMILIES.

       Notwithstanding any other provision of law, the Secretary 
     of Housing and Urban Development may use--
       (1) not more than $80,000,000 of funds reserved by the 
     Department of Homeland Security under an Inter-Agency 
     Agreement with the Department of Housing and Urban 
     Development for victims of Hurricanes Ike and Gustav of 2008 
     to provide assistance under section 8(o) of the United States 
     Housing Act of 1937, and related fee provisions, to eligible 
     families receiving assistance under the DHAP-Ike program, 
     except that such assistance shall not be made available to 
     other families upon turnover; and
       (2) not more than an additional $10,000,000 of funds 
     reserved by the Department of Homeland Security under the 
     Inter-Agency Agreement described in paragraph (1) to provide 
     assistance under section 8(o) of the United States Housing 
     Act of 1937, and related fee provisions, to families residing 
     in Federal Emergency Management Agency transitional housing 
     units because of Hurricanes Ike and Gustav of 2008.
                                 ______
                                 
  SA 2390. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 277, line 1, strike ``$100,000,000'' and insert 
     ``$115,000,000''.
       On page 277, line 18, strike the period and insert ``: 
     Provided further, That of the amounts made available under 
     this heading,

[[Page S9385]]

     not less than $15,000,000 shall be awarded to nonprofit legal 
     aid organizations to provide foreclosure prevention 
     assistance.''
       On page 286, line 21, strike ``$200,000,000'' and insert 
     ``$185,000,000''.
                                 ______
                                 
  SA 2391. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 318, between lines 11 and 12, insert the following:

     SECTION 234. HOME RETENTION AND ECONOMIC STABILIZATION.

       (a) Foreclosure Deferment.--Chapter 2 of the Truth in 
     Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting 
     after section 128 the following new section:

     ``Sec. 128A. Foreclosure deferment and reset notification for 
       mortgages

       ``(a) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       ``(1) Deferment payment amount.--The term `deferment 
     payment amount' means the amount of the monthly payment that 
     is due on an eligible deferred-foreclosure mortgage during 
     the deferment period.
       ``(2) Deferment period.--The term `deferment period' means 
     the period that--
       ``(A) begins when the eligible consumer sends notice of the 
     exercise of the deferral right under subsection (b)(1) with 
     respect to an eligible deferred-foreclosure mortgage to the 
     creditor or servicer; and
       ``(B) ends on the earliest of the following applicable 
     dates:
       ``(i) The date that is 270 days after the beginning of the 
     period.
       ``(ii) The end of the 30-day period beginning on any due 
     date for any deferment payment (on such mortgage, in 
     accordance with this section) which remains unpaid as of the 
     end of such 30-day period.
       ``(iii) The date on which the creditor or servicer enters 
     into a qualified loan modification with the consumer.
       ``(iv) The date on which the deferment is terminated by 
     judicial order.
       ``(3) Deferment period trigger.--The term `deferment period 
     trigger' means the date on which the consumer becomes 
     eligible for a deferment under subsection (b)(1) with respect 
     to an eligible deferred-foreclosure mortgage and occurs on 
     the earlier of--
       ``(A) the date of any adjustment or reset of the interest 
     rate on such mortgage;
       ``(B) the date by which the consumer is 60 days delinquent 
     on mortgage payments; or
       ``(C) the date of the first increase in the minimum monthly 
     payment due under such mortgage after the origination of such 
     mortgage.
       ``(4) Eligible deferred-foreclosure mortgage.--The term 
     `eligible deferred-foreclosure mortgage' means a consumer 
     credit transaction that is secured by the principal dwelling 
     of an eligible consumer that--
       ``(A) was entered into before the date of enactment of this 
     section; and
       ``(B) has reached the deferment period trigger.
       ``(5) Eligible consumer.--The term `eligible consumer' 
     means a consumer who--
       ``(A) is a mortgagor or borrower on an eligible deferred-
     foreclosure mortgage;
       ``(B) has resided at the property secured by such mortgage 
     since the mortgage transaction was entered into and intends 
     to reside at such property at least until the end of the 
     deferment period;
       ``(C) has a current monthly income that, when multiplied by 
     12, is less than 200 percent of the area median annual income 
     for the relevant family size in the State in which the 
     residence is located; and
       ``(D) during the deferment period, responds to reasonable 
     inquiries from a creditor or servicer with respect to an 
     eligible deferred-foreclosure mortgage.
       ``(6) Qualified loan modification.--
       ``(A) In general.--The term `qualified loan modification' 
     means a permanent, sustainable loan modification.
       ``(B) FDIC regulations.--Not later than 60 days after the 
     date of enactment of the Department of Housing and Urban 
     Development Appropriations Act, 2010, the Chairperson of the 
     Federal Deposit Insurance Corporation shall promulgate rules 
     establishing under what circumstances a loan modification 
     will qualify as permanent and sustainable.
       ``(b) Right to Deferment of Institution of or Action on 
     Foreclosure.--
       ``(1) Right established.--Any eligible deferred-foreclosure 
     consumer shall have the right to defer any initiation of a 
     foreclosure, whether judicial or nonjudicial, or any action 
     in connection with a foreclosure already instituted, 
     including any foreclosure sale, with respect to any eligible 
     deferred-foreclosure mortgage by any creditor, servicer, or 
     holder of such mortgage, or any other person acting on behalf 
     of any such creditor, servicer, or holder, until the end of 
     the deferment period.
       ``(2) Enforcement of right.--An eligible deferred-
     foreclosure consumer may defend against a foreclosure or 
     bring an action in any court of competent or general 
     jurisdiction to compel compliance with the right of the 
     consumer under paragraph (1) to defer any initiation of a 
     foreclosure or any action in connection with a foreclosure 
     already instituted, including any foreclosure sale, with 
     respect to any eligible deferred-foreclosure mortgage.
       ``(c) Notice to Consumer Before Any Foreclosure Action.--
       ``(1) Notice of right required.--Before initiating any 
     foreclosure with respect to any eligible deferred-foreclosure 
     mortgage, the creditor or servicer shall notify, by personal 
     service, any eligible deferred-foreclosure consumer with 
     respect to such mortgage of such consumer's right under 
     subsection (b) to defer the initiation of foreclosure.
       ``(2) Contents of notice.--The Board shall prescribe, by 
     regulations under sections 105 and 122, the content and 
     format, including the size of the font, of the notices under 
     paragraph (1) in a manner that maximizes the likelihood that 
     the consumer will obtain and understand all the information 
     necessary to exercise the right to defer any action to 
     institute foreclosure, including--
       ``(A) the manner and format for obtaining such deferral, 
     including a sample notice form, an identification form, and a 
     certification form for the consumer to use in complying with 
     subsection (d)(1);
       ``(B) contact information for the creditor or servicer, as 
     the case may be and any third party involved in foreclosure 
     proceedings, including State or local officials; and
       ``(C) contact information for obtaining any counseling 
     concerning the exercise of such deferral from a counselor 
     approved by the appropriate State housing finance agency or 
     the Secretary of Housing and Urban Development.
       ``(3) Timing.--No foreclosure action or proceeding with 
     respect to any eligible deferred-foreclosure mortgage shall 
     be valid unless the creditor or servicer has provided the 
     notice required under this subsection to the consumer at 
     least 30 days before instituting any such action or 
     proceeding and at least once during each subsequent 30-day 
     period until the foreclosure becomes final.
       ``(d) Institution of Deferment.--
       ``(1) Procedure required.--Any eligible deferred-
     foreclosure consumer who chooses to exercise a deferment 
     right under subsection (b) shall provide--
       ``(A) notice of the exercise of such to the servicer or 
     other person described in the notice to the consumer under 
     subsection (e) by any reasonable means including by mail, 
     service whether directly or to any agent, including at the 
     address of any registered agent;
       ``(B) a clear identification of the eligible deferred-
     foreclosure consumer and the address of the property securing 
     the mortgage; and
       ``(C) a certification that at least 1 consumer borrower 
     with respect to such mortgage resides at the property secured 
     by such mortgage and intends to reside at such property at 
     least until the end of the deferment period.
       ``(2) Sufficiency of notice.--
       ``(A) In general.--Notice and delivery of an affidavit 
     under paragraph (1) may be made by any reasonable means 
     including by mail, service whether directly or to any agent, 
     including at the address of any registered agent with the 
     secretary of state for the State in which the property is 
     located, or any attorney representing the consumer, or by 
     such means as the terms of the mortgage or regulations 
     prescribed by the Board may provide.
       ``(B) Other parties.--If any court, any sheriff or other 
     official designated under State law, or any other person 
     authorized under State law and the contracts of the parties 
     to maintain any foreclosure proceeding or conduct any 
     foreclosure sale receives, directly or indirectly, a copy of 
     any notice provided under this subsection by an eligible 
     deferred-foreclosure consumer with respect to any eligible 
     deferred-foreclosure mortgage, no foreclosure action may be 
     taken by the court, sheriff, official, or other person with 
     respect to such mortgage during the applicable deferred-
     foreclosure period.
       ``(3) Acknowledgment.--
       ``(A) In general.--Any creditor, servicer, or holder of an 
     eligible deferred-foreclosure mortgage, or any other person 
     acting on behalf of any such creditor, servicer, or holder, 
     who receives a notice from a consumer under paragraph (2) 
     shall acknowledge to the consumer the receipt of the notice 
     of the exercise of the deferment right under subsection (b) 
     before the end of the 10-business day period beginning on the 
     date of such receipt.
       ``(B) Contents of notice.--The acknowledgment provided to 
     any eligible deferred-foreclosure consumer under subparagraph 
     (A) shall include the date on which the next payment is due 
     on the eligible deferred-foreclosure mortgage, the deferment 
     payment amount, the date on which each subsequent payment is 
     due, and the address or the delivery method for each such 
     payment that is acceptable to the recipient.
       ``(4) Monthly payment notices.--Each periodic statement of 
     account submitted by the creditor or servicer with respect to 
     any eligible deferred-foreclosure mortgage during the period 
     while any deferment right under subsection (b) is in effect 
     shall include--
       ``(A) the due date and the amount of the next payment due 
     on such mortgage;
       ``(B) the address or the delivery method for such payment;
       ``(C) the date on which the deferral of the foreclosure 
     will terminate; and
       ``(D) a notice that failure to make such payment in a 
     timely manner will jeopardize the continuation of the 
     deferral of the foreclosure.

[[Page S9386]]

       ``(e) Deferment Payment.--
       ``(1) In general.--During the deferment period with respect 
     to any eligible deferred-foreclosure mortgage for which any 
     deferment right has been exercised under subsection (b), 
     monthly payments shall continue to be made by the consumer 
     with respect to such mortgage.
       ``(2) Amount of payment.--The deferment payment amount for 
     purposes of monthly payments under paragraph (1) with respect 
     to any eligible deferred-foreclosure mortgage shall be, as 
     applicable, the lesser of--
       ``(A) the minimum monthly payment of principal and interest 
     on the date on which the loan was originated;
       ``(B) a monthly payment based on the outstanding loan 
     principal plus a rate of interest calculated at a fixed 
     annual percentage rate, in an amount equal to the most recent 
     conventional mortgage rate plus a 100 basis point premium for 
     risk, amortized over a period of 30 years minus the period of 
     time since the origination of the loan; or
       ``(C) the amount of the first minimum monthly payment due 
     under the mortgage after the origination of such mortgage.
       ``(3) Amortization of difference.--The difference between 
     the amount of any monthly payment due under the terms of any 
     eligible deferred-foreclosure mortgage and the deferment 
     payment amount shall be amortized over the life of the 
     mortgage beginning after the deferred-foreclosure period in 
     accordance with regulations which the Board shall prescribe.
       ``(4) Charges prohibited.--No creditor or servicer may 
     impose any late fee or other fee or charge during the 
     deferment period with respect to any eligible deferred-
     foreclosure mortgage for which any deferment right has been 
     exercised under subsection (b) or in connection with the 
     exercise of such deferment right.
       ``(f) Notice of Reset and Alternatives.--During the 1-month 
     period that ends 120 days before the date on which the 
     interest rate in effect during the introductory period of an 
     eligible deferred-foreclosure mortgage adjusts or resets to a 
     variable interest rate, or the minimum monthly payment of 
     principal and interest required first increases from the 
     amount of the first such minimum monthly payment due under 
     the mortgage after the origination of such mortgage, the 
     creditor or servicer of such loan shall provide a written 
     notice, separate and distinct from all other correspondence 
     to the consumer, that includes the following:
       ``(1) Any index or formula used--
       ``(A) in determining the annual percentage rate applicable 
     as of the effective date of a reset or adjustment; and
       ``(B) in making any increases in the minimum monthly 
     payments due, and a source of information about the index or 
     formula.
       ``(2) A good faith estimate, based on accepted industry 
     standards and disclosed in a clear and conspicuous manner, of 
     the creditor or servicer of the amount of the monthly payment 
     that will apply after the date of the adjustment or reset, or 
     increase, as applicable, and the assumptions on which this 
     estimate is based.
       ``(3) A list of alternatives consumers may pursue before 
     the date of adjustment or reset, or increase, as applicable, 
     and descriptions of the actions consumers must take to pursue 
     such alternatives, including--
       ``(A) refinancing;
       ``(B) renegotiation of loan terms;
       ``(C) payment forbearance;
       ``(D) pre-foreclosure sales;
       ``(E) any payment assistance available from the State in 
     which the property is located; and
       ``(F) any refinancing, loan modification, or other 
     assistance program available through the Federal Government 
     that may apply to the loan.
       ``(4) The names, addresses, telephone numbers, and Internet 
     addresses of counseling agencies or programs reasonably 
     available to the consumer that have been certified or 
     approved and made publicly available by the Secretary of 
     Housing and Urban Development or a State housing finance 
     authority (as defined in section 1301 of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989).
       ``(5) The address, telephone number, and Internet address 
     for the State housing finance authority (as so defined) for 
     the State in which the consumer resides.
       ``(g) Most Recent Conventional Mortgage Rate.--For purposes 
     of subsection (f)(1)(A)(ii), the term `most recent 
     conventional mortgage rate' means the contract interest rate 
     on commitments for fixed-rate first mortgages most recently 
     published in the Federal Reserve Statistical Release on 
     selected interest rates (daily or weekly), and commonly 
     referred to as the H.15 release (or any successor 
     publication), in the week preceding a date of determination 
     for purposes of applying this subsection.
       ``(h) Duty of Consumer To Maintain Property.--Any eligible 
     deferred-foreclosure consumer for whom a deferment of 
     foreclosure is in effect under this section with respect to 
     any eligible deferred-foreclosure mortgage may not, with 
     respect to any property securing such mortgage, destroy, 
     damage, or impair such property, allow the property to 
     substantially deteriorate, or commit waste on the property.
       ``(i) Declaration of Rights.--In addition to the right of 
     any party to a mortgage to seek a declaratory judgment under 
     section 2201 of title 28, United States Code, any such party 
     may apply prior to the end of the deferment period to any 
     State court of competent or general jurisdiction for an order 
     establishing the rights, duties, and conditions imposed on or 
     applicable to any party to the mortgage, including the terms 
     and conditions of a deferment.
       ``(j) Coordination With State Law.--
       ``(1) In general.--No provision of this section shall be 
     construed as annulling, altering, or affecting the laws of 
     any State relating to deferment of foreclosures, except to 
     the extent that those laws are inconsistent with the 
     provisions of this section, and then only to the extent of 
     the inconsistency.
       ``(2) Rule of construction.--A State law is not 
     inconsistent with this section if the protection that such 
     law affords any consumer is greater than the protection 
     afforded by this section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     2 of the Truth in Lending Act is amended by inserting after 
     the item relating to section 128 the following new item:

``128A. Foreclosure deferment and reset notification for certain 
              mortgages.''.
                                 ______
                                 
  SA 2392. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of law, the 
     Secretary of Transportation may not reallocate any funds made 
     available through any Act of Congress from the intermodal 
     transportation facility at the Bronx Zoo, New York to any 
     other purpose. Funds appropriated for such facility that are 
     due to expire on September 30, 2009, shall continue to be 
     available for such purpose until 1 year after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2393. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill H.R. 3847, making appropriations for the Departments 
of Commerce and Justice, and Science, and related agencies for the 
fiscal year ending September 30, 2010, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 203, between lines 23 and 24, insert the following:
       Sec. 5__.  None of the funds made available under this Act 
     may be distributed to the Association of Community 
     Organizations for Reform Now (ACORN) or its subsidiaries.
                                 ______
                                 
  SA 2394. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill H.R. 2996, making appropriations for the Department 
of the Interior, environment, and and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 240, between lines 13 and 14, insert the following:


                      prohibition on use of funds

       Sec. 4__.  None of the funds made available under this Act 
     may be distributed to the Association of Community 
     Organizations for Reform Now (ACORN) or its subsidiaries.
                                 ______
                                 
  SA 2395. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 194, after line 23, add the following:
       Sec. 1___.  None of the funds made available by this Act 
     may be used for the construction, maintenance, or development 
     of the California-Nevada Super Speed Train Commission for the 
     MAGLEV project to create a travel corridor between Las Vegas, 
     Nevada, and Anaheim, California.
                                 ______
                                 
  SA 2396. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill H.R. 3288, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2010, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 264, line 9, strike ``Provided, That'' and all that 
     follows through ``this Act.'' on line 12, and insert the 
     following: ``Provided, That the Secretary of Housing and 
     Urban Development shall award such amounts without regard to 
     any congressionally directed spending item (as defined in 
     rule XLIV of the Standing Rules of the Senate) or any 
     congressional earmark (as defined in

[[Page S9387]]

     rule XXI of the Rules of the House of Representatives) in a 
     committee report or joint explanatory statement relating to 
     this Act: Provided further, That such amounts shall be 
     awarded as grants, on a competitive basis: Provided further, 
     That the Secretary of Housing and Urban Development shall 
     consider the following factors when awarding Neighborhood 
     Initiative funds under this paragraph: 1) economic 
     development strategies that utilize local community-based 
     partnerships between businesses, non-profits and the public 
     sector; 2) neighborhood revitalization efforts that integrate 
     sustainable community and building design processes; 3) input 
     by residents and other stakeholders; 4) creation of 
     homeownership opportunities; 5) links between housing 
     programs and welfare reform initiatives in the neighborhood; 
     and 6) links between workforce development strategies and 
     economic development strategies.''
                                 ______
                                 
  SA 2397. Mr. DODD (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Section 3046(a)(22) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59) is amended--
       (1) in the paragraph heading, by striking ``fuel cell-
     powered bus'' and inserting ``hydrogen-powered transit''; and
       (2) by striking ``Fuel Cell-Powered Bus'' and inserting 
     ``Hyrogen-Powered Transit''.
                                 ______
                                 
  SA 2398. Mr. DODD (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 222, line 7, strike ``items 523, 267, and 131'' and 
     insert ``items 131, 267, 523, and 657''.
                                 ______
                                 
  SA 2399. Mr. REID (for himself and Mr. Nelson of Florida) submitted 
an amendment intended to be proposed by him to the bill H.R. 3288, 
making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 332, after line 25, add the following:
       Sec. 415. (a) Congress makes the following findings:
       (1) Tourism, including conventions and meetings, is an 
     important part of the United States economy that generates 
     billions of dollars in tax revenues for many localities.
       (2) Analysts estimate that approximately 90 percent of 
     employers in the travel industry are small businesses and 
     more than 12 percent of United States employees are employed 
     by the travel industry.
       (3) Many local economies around the country have developed 
     into destinations for vacationers and conventioneers alike, 
     and those local economies depend on the travel industry to 
     support local employment, create new jobs, and generate tax 
     revenues for critical public services.
       (4) These same destinations are home to large and small 
     businesses that have unique skills, amenities, and resources 
     for planning and facilitating meetings and conventions for 
     all purposes and, consequently, may deliver value and 
     convenience for individuals and organizations in need of a 
     location for an official event.
       (5) Locating an official event in such a city frequently 
     may save taxpayer dollars, as compared to other locations.
       (6) Agencies and departments of the United States have a 
     responsibility to find ways to maximize taxpayer dollars in 
     conducting official business, including planning and 
     conducting official meetings attended by Federal employees.
       (7) In deciding where to locate an official government 
     meeting by applying this principle of maximizing taxpayer 
     dollars, government officials often will conclude that many 
     locations known as resort destinations also will provide the 
     best value and convenience for official meetings and 
     business.
       (8) Resort and vacation destination cities tend to be 
     affected disproportionally during economic downturns and, 
     therefore, are especially vulnerable to discrimination by 
     meeting and convention planners, which could exacerbate 
     unemployment and related demands on United States taxpayers.
       (b) None of the funds appropriated or otherwise made 
     available under this Act may be used by an agency or 
     department of the United States to establish or implement an 
     internal policy regarding travel, event, meeting, or 
     conference locations that discourages or prohibits the 
     selection of such a location because the location is 
     perceived to be a resort or vacation destination.
                                 ______
                                 
  SA 2400. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 205, strike line 12 and all that follows through 
     page 210, line 14, and insert the following:

    operating grants to the national railroad passenger corporation

                         (including rescission)

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for the 
     operation of intercity passenger rail, as authorized by 
     section 101 of the Passenger Rail Investment and Improvement 
     Act of 2008 (division B of Public Law 110-432), $550,000,000, 
     to remain available until expended: Provided, That the 
     Secretary shall not make the grants for the third and fourth 
     quarter of the fiscal year available to the Corporation until 
     an Inspector General who is a member of the Council of the 
     Inspectors General on Integrity and Efficiency determines 
     that the Corporation and the Corporation's Inspector General 
     have agreed upon a set of policies and procedures for 
     interacting with each other that are consistent with the 
     letter and the spirit of the Inspector General Act of 1978, 
     as amended: Provided further, That 1 year after such 
     determination is made, the Council of the Inspectors General 
     on Integrity and Efficiency shall appoint another member to 
     evaluate the current operational independence of the Amtrak 
     Inspector General: Provided further, That the Corporation 
     shall reimburse each Inspector General for all costs incurred 
     in conducting the determination and the evaluation required 
     by the preceding two provisos: Provided further, That the 
     amounts available under this paragraph shall be available for 
     the Secretary to approve funding to cover operating losses 
     for the Corporation only after receiving and reviewing a 
     grant request for each specific train route: Provided 
     further, That each such grant request shall be accompanied by 
     a detailed financial analysis, revenue projection, and 
     capital expenditure projection justifying the Federal support 
     to the Secretary's satisfaction: Provided further, That not 
     later than 60 days after enactment of this Act, the 
     Corporation shall transmit to the Secretary, the Inspector 
     General of the Department of Transportation, and the House 
     and Senate Committees on Appropriations a plan to achieve 
     savings through operating efficiencies including, but not 
     limited to, modifications to food and beverage service and 
     first class service: Provided further, That the Inspector 
     General of the Department of Transportation shall provide 
     semiannual reports to the House and Senate Committees on 
     Appropriations on the estimated savings accrued as a result 
     of all operational reforms instituted by the Corporation: 
     Provided further, That not later than 60 days after enactment 
     of this Act, the Corporation shall transmit, in electronic 
     format, to the Secretary, the Inspector General of Department 
     of Transportation, the House and Senate Committees on 
     Appropriations, the House Committee on Transportation and 
     Infrastructure and the Senate Committee on Commerce, Science, 
     and Transportation the annual budget and business plan and 
     the 5-year financial plan for fiscal year 2010 required under 
     section 204 of the Passenger Rail Investment and Improvement 
     Act of 2008: Provided further, That the plan shall also 
     include a separate accounting of ridership, revenues, and 
     capital and operating expenses for the Northeast Corridor; 
     commuter service; long-distance Amtrak service; State-
     supported service; each intercity train route, including 
     Autotrain; and commercial activities including contract 
     operations: Provided further, That the business plan shall 
     include a description of the capital investments to be 
     funded, along with cost estimates and an estimated timetable 
     for completion of the projects covered by this business plan: 
     Provided further, That the Corporation shall provide 
     semiannual reports in electronic format regarding the pending 
     business plan, which shall describe the work completed to 
     date, any changes to the business plan, and the reasons for 
     such changes, and shall identify all sole source contract 
     awards which shall be accompanied by a justification as to 
     why said contract was awarded on a sole source basis: 
     Provided further, That the Corporation's business plan and 
     all subsequent supplemental plans shall be displayed on the 
     Corporation's website within a reasonable timeframe following 
     their submission to the appropriate entities: Provided 
     further, That none of the funds under this heading may be 
     obligated or expended until the Corporation agrees to 
     continue abiding by the provisions of paragraphs 1, 2, 5, 9, 
     and 11 of the summary of conditions for the direct loan 
     agreement of June 28, 2002, in the same manner as in effect 
     on the date of enactment of this Act: Provided further, That 
     concurrent with the President's budget request for fiscal 
     year 2011, the Corporation shall submit to the House and 
     Senate Committees on Appropriations a budget request for 
     fiscal year 2011 in

[[Page S9388]]

     similar format and substance to those submitted by executive 
     agencies of the Federal Government.
       Of the amounts made available under this heading in Public 
     Law 111-8, all unobligated balances as of the later of 
     September 30, 2009 or the date of the enactment of this Act 
     are rescinded.

  capital and debt service grants to the national railroad passenger 
                              corporation

                         (including rescission)

       To enable the Secretary of Transportation to make grants to 
     the National Railroad Passenger Corporation for capital 
     investments as authorized by section 101(c) of the Passenger 
     Rail Investment and Improvement Act of 2008 (division B of 
     Public Law 110-432), $940,000,000, to remain available until 
     expended, of which not to exceed $264,000,000 shall be for 
     debt service obligations as authorized by section 102 of such 
     Act: Provided, That of the funding provided under this 
     heading, not less than $144,000,000 shall be for bringing the 
     stations on the Corporation's rail system into compliance 
     with the Americans with Disabilities Act: Provided further, 
     That grants shall be provided to the Corporation only on a 
     reimbursable basis: Provided further, That the Secretary may 
     retain up to one-half of 1 percent of the funds provided 
     under this heading to fund the costs of project management 
     oversight of capital projects funded by grants provided under 
     this heading, as authorized by subsection 101(d) of division 
     B of Public Law 110-432: Provided further, That the Secretary 
     shall approve funding for capital expenditures, including 
     advance purchase orders of materials, for the Corporation 
     only after receiving and reviewing a request for each 
     specific capital project justifying the Federal support to 
     the Secretary's satisfaction: Provided further, That none of 
     the funds under this heading may be used to subsidize 
     operating losses of the Corporation: Provided further, That 
     none of the funds under this heading may be used for capital 
     projects not approved by the Secretary of Transportation or 
     on the Corporation's fiscal year 2010 business plan: Provided 
     further, That, the business plan shall be accompanied by a 
     comprehensive fleet plan for all Amtrak rolling stock which 
     shall address the Corporation's detailed plans and timeframes 
     for the maintenance, refurbishment, replacement and expansion 
     of the Amtrak fleet: Provided further, That said fleet plan 
     shall establish year-specific goals and milestones and 
     discuss potential, current, and preferred financing options 
     for all such activities.
       Of the amounts made available under this heading in Public 
     Law 111-8, all unobligated balances as of the later of 
     September 30, 2009 or the date of the enactment of this Act 
     are rescinded.
                                 ______
                                 
  SA 2401. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 3288, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2010, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 194, after line 23, add the following:
       Sec. 1___.  The table contained in section 1702 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1256) is amended in item 
     number 2406 (119 Stat. 1350) by striking the project 
     description and inserting ``Construct SH 199 (Henderson St.) 
     through the Trinity Uptown Project between the West Fork and 
     Clear Fork of the Trinity River in Fort Worth''.
                                 ______
                                 
  SA 2402. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Such amounts as are required from amounts 
     provided in this Act to the Office of the Secretary of 
     Transportation for the Transportation Planning, Research and 
     Development program shall be used for the development, 
     coordination, and analysis of data collection procedures and 
     national performance measures.
                                 ______
                                 
  SA 2403. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3288, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 318, between lines 11 and 12, insert the following:
       Sec. 2___.  None of the funds made available by this Act 
     may be used to carry out the Brownfields Economic Development 
     Initiative program administered by the Department of Housing 
     and Urban Development.
                                 ______
                                 
  SA 2404. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 3288, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 221, strike lines 8 through 12 and insert the 
     following:
       Sec. 166.  In determining the local share of the cost of 
     the project authorized to be carried out under section 
     3043(c)(70) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (Public Law 
     109-59; 119 Stat. 1644) for purposes of the rating process 
     for New Starts projects, the Secretary shall consider any 
     portion of the corridor advanced entirely with non-Federal 
     funds.
                                 ______
                                 
  SA 2405. Mrs. MURRAY (for herself, Mr. Bond, and Mr. Dodd) submitted 
an amendment intended to be proposed by her to the bill H.R. 3288, 
making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec._. The first numbered paragraph under the heading 
     ``Tenant-Based Rental Assistance'' in the Department of 
     Housing and Urban Development Appropriations Act, 2009 
     (Public Law 111-8) is amended by adding the following before 
     the period at the end:
       ``: Provided further, That up to $200,000,000 from the 
     $4,000,000,000 which are available on October 1, 2009 shall 
     be available to adjust allocations for public housing 
     agencies to prevent termination of assistance to families''.
                                 ______
                                 
  SA 2406. Mrs. MURRAY (for herself and Mr. Bond) submitted an 
amendment intended to be proposed by her to the bill H.R. 3288, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 222, strike line 11 and all that follows 
     through page 223, line 2, and insert the following:
       Sec. 169.  Section 5309(g)(4)(A) of title 49, United States 
     Code, is amended--
       (1) by striking ``The total estimated'' and inserting the 
     following:
       ``(i) In general.--The total estimated''; and
       (2) by adding at the end the following:
       ``(ii) Special rule for fiscal year 2010.--For fiscal year 
     2010--

       ``(I) the total estimated amount of future obligations of 
     the Government and contingent commitments to incur 
     obligations covered by all outstanding full funding grant 
     agreements entered into on or before September 30, 2009, and 
     all outstanding letters of intent and early systems work 
     agreements under this subsection for major new fixed guideway 
     capital projects may be not more than the greater of the 
     amount authorized under sections 5338(a)(3) and 5338(c) for 
     such projects or an amount equivalent to the last 3 fiscal 
     years of funding allocated under subsections (m)(1)(A) and 
     (m)(2)(A)(ii) for such projects, less an amount the Secretary 
     reasonably estimates is necessary for grants under this 
     section for those of such projects that are not covered by a 
     letter or agreement; and
       ``(II) the Secretary may enter into full funding grant 
     agreements under this subsection for major new fixed guideway 
     capital projects that contain contingent commitments to incur 
     obligations in such amounts as the Secretary determines are 
     appropriate.''.

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