[Congressional Record Volume 156, Number 28 (Tuesday, March 2, 2010)]
[Senate]
[Pages S955-S970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3346. Mr. LEAHY (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 537, and insert the following:

     SEC. 537. EFFECTIVE DATE; NONINFRINGEMENT OF COPYRIGHT.

       (a) Effective Date.--Unless specifically provided 
     otherwise, this title, and the amendments made by this title, 
     shall take effect on February 27, 2010, and with the 
     exception of the reference in subsection (b), all references 
     to the date of enactment of this Act shall be deemed to refer 
     to February 27, 2010, unless otherwise specified.
       (b) Noninfringement of Copyright.--The secondary 
     transmission of a performance or display of a work embodied 
     in a primary transmission is not an infringement of copyright 
     if it was made by a satellite carrier on or after February 
     27, 2010, and prior to enactment of this Act, and was in 
     compliance with the law as in existence on February 27, 2010.
                                 ______
                                 
  SA 3347. Mr. MERKLEY (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LEASES OF RESTRICTED LAND.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (25 U.S.C. 415(a)), is amended in the second sentence by 
     inserting ``land held in trust for the Coquille Indian Tribe, 
     land held in trust for the Confederated Tribes of Siletz 
     Indians, land held in trust for the Confederated Tribes of 
     the Coos, Lower Umpqua, and Siuslaw Indians, land held in 
     trust for the Klamath Tribes, and land held in trust for the 
     Burns Paiute Tribe,'' after ``lands held in trust for the 
     Confederated Tribes of the Warm Springs Reservation of 
     Oregon,''.
                                 ______
                                 
  SA 3348. Mr. BROWN of Massachusetts submitted an amendment intended 
to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill 
H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of title I, add the following:

     SEC. 103. EMPLOYEE PAYROLL TAX RATE CUT.

       (a) In General.--For the 6-calendar-month period beginning 
     after the date which is 60 days after the date of the 
     enactment of this Act, the Secretary of the Treasury shall 
     reduce the rate of tax under section 3101(a) of the Internal 
     Revenue Code of 1986 and 50 percent of the rate of tax under 
     section 1401(a) of such Code by such percentage such that the 
     resulting reduction in revenues to the Federal Old-Age and 
     Survivors Insurance Trust Fund is equal to 100 percent of the 
     amounts appropriated or made available and remaining 
     unobligated under the American Recovery and Reinvestment Act 
     of 2009 (Pub. Law 111-5) as of the date of the enactment of 
     this Act.
       (b) Transfers to Federal Old-Age and Survivors Insurance 
     Trust Fund.--There are appropriated to the Federal Old-Age 
     and Survivors Trust Fund and the Federal Disability Insurance 
     Trust Fund established under section 201 of the Social 
     Security Act (42 U.S.C. 401) amounts equal to the reduction 
     in revenues to the Treasury by reason of the application of 
     subsection (a). Amounts appropriated by the preceding 
     sentence shall be transferred from the general fund at such 
     times and in such manner as to replicate to the extent 
     possible the transfers which would have occurred to such 
     Trust Fund had such amendment not been enacted.
       (c) Replenishment of General Fund Through Rescission of 
     Certain Stimulus Funds.--Notwithstanding section 5 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 116), from the amounts appropriated or made 
     available under division A of such Act (other than under 
     title X of such division A), there is rescinded any remaining 
     unobligated amounts as of the date of the enactment of this 
     Act. The Director of the Office of Management and Budget 
     shall report to each congressional committee the amounts so 
     rescinded within the jurisdiction of such committee.
       (d) Emergency Designation.--This section is designated as 
     an emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)) and section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010. In the House of Representatives, this section is 
     designated as an emergency for purposes of pay-as-you-go 
     principles.
                                 ______
                                 
  SA 3349. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 73, line 21, after the second period insert the 
     following: ``The amendment made by this section shall be 
     considered to have taken effect on February 28, 2010.''.  
                                 ______
                                 
  SA 3350. Ms. STABENOW (for herself, Mr. Hatch, and Mr. Schumer) 
submitted an amendment intended to be proposed to amendment SA 3336 
proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal 
Revenue Code of 1986 to extend certain expiring provisions, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 602. ELECTION TO TEMPORARILY UTILIZE UNUSED AMT CREDITS 
                   DETERMINED BY DOMESTIC INVESTMENT.

       (a) In General.--Section 53 is amended by adding at the end 
     the following new subsection:
       ``(g) Election for Corporations With Unused Credits.--
       ``(1) In general.--If a corporation elects to have this 
     subsection apply, then notwithstanding any other provision of 
     law, the limitation imposed by subsection (c) for any such 
     taxable year shall be increased by the AMT credit adjustment 
     amount.
       ``(2) AMT credit adjustment amount.--For purposes of 
     paragraph (1), the term `AMT credit adjustment amount' means 
     with respect to any taxable year beginning in 2010, the 
     lesser of--
       ``(A) a corporation's minimum tax credit determined under 
     subsection (b), or
       ``(B) 20 percent of new domestic investments made during 
     such taxable year.
       ``(3) New domestic investments.--For purposes of this 
     subsection, the term `new domestic investments' means the 
     cost of qualified property (as defined in section 
     168(k)(2)(A)(i))--
       ``(A) the original use of which commences with the taxpayer 
     during the taxable year, and
       ``(B) which is placed in service in the United States by 
     the taxpayer during such taxable year.
       ``(4) Credit refundable.--For purposes of subsections (b) 
     and (c) of section 6401, the aggregate increase in the 
     credits allowable under part IV of subchapter A for any 
     taxable year resulting from the application of this 
     subsection shall be treated as allowed under subpart C of 
     such part (and not to any other subpart).
       ``(5) Election.--
       ``(A) In general.--An election under this subsection shall 
     be made at such time and in such manner as prescribed by the 
     Secretary, and once effective, may be revoked only with the 
     consent of the Secretary.
       ``(B) Interim elections.--Until such time as the Secretary 
     prescribes a manner for making an election under this 
     subsection, a taxpayer is treated as having made a valid 
     election by providing written notification to the Secretary 
     and the Commissioner of Internal Revenue of such election.
       ``(6) Aggregation rule.--For purposes of this subsection--
       ``(A) all corporations which are members of an affiliated 
     group of corporations filing a consolidated tax return, and
       ``(B) all partnerships in which more than 90 percent of the 
     capital and profits interest in the partnership are owned by 
     the corporation (directly or indirectly) at all times during 
     the taxable year in which an election under this subsection 
     is in effect,


[[Page S956]]


     shall be treated as a single corporation.
       ``(7) Application to partnerships.--In the case of a 
     partnership--
       ``(A) this subsection shall be applied at the partner 
     level, and
       ``(B) each partner shall be treated as having for the 
     taxable year an amount equal to such partner's allocable 
     share of the new domestic investment of the partnership for 
     such taxable year (as determined under regulations prescribed 
     by the Secretary).
       ``(8) No double benefit.--Notwithstanding clause (iii)(II) 
     of section 172(b)(1)(H), any taxpayer which has previously 
     made an election under such section shall be deemed to have 
     revoked such election by the making of its first election 
     under this subsection.
       ``(9) Regulations.--The Secretary may issue such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out this subsection, including to 
     prevent fraud and abuse under this subsection.
       ``(10) Termination.--This subsection shall not apply to any 
     taxable year that begins after December 31, 2010.''.
       (b) Quick Refund of Refundable Credit.--Section 6425 is 
     amended by adding at the end the following new subsection:
       ``(e) Allowance of AMT Credit Adjustment Amount.--The 
     amount of an adjustment under this section as determined 
     under subsection (c)(2) for any taxable year may be increased 
     to the extent of the corporation's AMT credit adjustment 
     amount determined under section 53(g) for such taxable 
     year.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 603. INFORMATION REPORTING FOR RENTAL PROPERTY EXPENSE 
                   PAYMENTS.

       (a) In General.--Section 6041 is amended by adding at the 
     end the following new subsection:
       ``(h) Treatment of Rental Property Expense Payments.--
       ``(1) In general.--For purposes of subsection (a), except 
     as provided in paragraph (2), a person receiving rental 
     income shall be considered to be in engaged in a trade or 
     business of renting property.
       ``(2) Exceptions.--Paragraph (1) shall not apply to--
       ``(A) any individual who is an active member of the 
     uniformed services,
       ``(B) any individual if substantially all rental income is 
     derived from renting the principal residence (within the 
     meaning of section 121) of such individual on a temporary 
     basis,
       ``(C) any individual who receives rental income of not less 
     than the minimal amount, as determined under regulations 
     prescribed by the Secretary, and
       ``(D) any other individual for whom the requirements of 
     this section would cause hardship, as determined under 
     regulations prescribed by the Secretary.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to payments made after December 31, 2010.
                                 ______
                                 
  SA 3351. Mr. REED (for himself, Ms. Snowe, and Mrs. Shaheen) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REAUTHORIZATION OF NATIONAL OILHEAT RESEARCH 
                   ALLIANCE ACT OF 2000.

       Section 713 of the National Oilheat Research Alliance Act 
     of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended 
     by striking ``the date that is 9 years after the date on 
     which the Alliance is established'' and inserting ``February 
     6, 2011''.
                                 ______
                                 
  SA 3352. Mr. GRASSLEY (for himself, Mr. Crapo, Mr. Roberts, Mr. 
Ensign, and Mr. Hatch) submitted an amendment intended to be proposed 
by him to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

               TITLE VIII--MEDICARE AND OTHER PROVISIONS

     SEC. 801. CONFORMING REPEAL.

       Sections 212 through 231, section 233, section 243, section 
     431, and section 601 of this Act are repealed.

     SEC. 802. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE 
                   FOR THE LAST 10 MONTHS OF 2010.

       Paragraph (10) of section 1848(d) of the Social Security 
     Act, as added by section 1011(a) of the Department of Defense 
     Appropriations Act, 2010 (Public Law 111-118), is amended to 
     read as follows:
       ``(10) Update for 2010.--
       ``(A) In general.--Subject to paragraphs (7)(B), (8)(B), 
     and (9)(B), in lieu of the update to the single conversion 
     factor established in paragraph (1)(C) that would otherwise 
     apply for 2010, the update to the single conversion factor 
     shall be 0 percent for 2010.
       ``(B) No effect on computation of conversion factor for 
     2011 and subsequent years.--The conversion factor under this 
     subsection shall be computed under paragraph (1)(A) for 2011 
     and subsequent years as if subparagraph (A) had never 
     applied.''.

     SEC. 803. EXTENSION OF THERAPY CAPS EXCEPTIONS PROCESS.

       Section 1833(g)(5) of the Social Security Act (42 U.S.C. 
     1395l(g)(5)) is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2010''.

     SEC. 804. TREATMENT OF PHARMACIES UNDER DURABLE MEDICAL 
                   EQUIPMENT ACCREDITATION REQUIREMENTS.

       (a) In General.--Section 1834(a)(20) of the Social Security 
     Act (42 U.S.C. 1395m(a)(20)) is amended--
       (1) in subparagraph (F)--
       (A) in clause (i)--
       (i) by striking ``clause (ii)'' and inserting ``clauses 
     (ii) and (iii)'';
       (ii) by striking ``January 1, 2010'' and inserting 
     ``January 1, 2011''; and
       (iii) by striking ``and'' at the end;
       (B) in clause (ii)(II), by striking the period at the end 
     and inserting ``; and'';
       (C) by inserting after clause (ii)(II) the following new 
     clause:
       ``(iii)(I) subject to subclause (II), with respect to items 
     and services furnished on or after January 1, 2011, the 
     accreditation requirement of clause (i) shall not apply to a 
     pharmacy described in subparagraph (G); and
       ``(II) effective with respect to items and services 
     furnished on or after the date of the enactment of this 
     subparagraph, the Secretary may apply to pharmacies quality 
     standards and an accreditation requirement established by the 
     Secretary that are an alternative to the quality standards 
     and accreditation requirement otherwise applicable under this 
     paragraph if the Secretary determines such alternative 
     quality standards and accreditation requirement are 
     appropriate for pharmacies.''; and
       (D) by adding at the end the following flush sentence:

     ``If determined appropriate by the Secretary, any alternative 
     quality standards and accreditation requirement established 
     under clause (iii)(II) may differ for categories of 
     pharmacies established by the Secretary (such as pharmacies 
     described in subparagraph (G)).''; and
       (2) by adding at the end the following new subparagraph:
       ``(G) Pharmacy described.--A pharmacy described in this 
     subparagraph is a pharmacy that meets each of the following 
     criteria:
       ``(i) The total billings by the pharmacy for such items and 
     services under this title are less than 5 percent of total 
     pharmacy sales for a previous period (of not less than 24 
     months) specified by the Secretary.
       ``(ii) The pharmacy has been enrolled under section 1866(j) 
     as a supplier of durable medical equipment, prosthetics, 
     orthotics, and supplies, has been issued (which may include 
     the renewal of) a provider number for at least 2 years, and 
     for which a final adverse action (as defined in section 
     424.57(a) of title 42, Code of Federal Regulations) has not 
     been imposed in the past 2 years.
       ``(iii) The pharmacy submits to the Secretary an 
     attestation, in a form and manner, and at a time, specified 
     by the Secretary, that the pharmacy meets the criteria 
     described in clauses (i) and (ii).
       ``(iv) The pharmacy agrees to submit materials as requested 
     by the Secretary, or during the course of an audit conducted 
     on a random sample of pharmacies selected annually, to verify 
     that the pharmacy meets the criteria described in clauses (i) 
     and (ii). Materials submitted under the preceding sentence 
     shall include a certification by an independent accountant on 
     behalf of the pharmacy or the submission of tax returns filed 
     by the pharmacy during the relevant periods, as requested by 
     the Secretary.''.
       (b) Conforming Amendments.--Section 1834(a)(20)(E) of the 
     Social Security Act (42 U.S.C. 1395m(a)(20)(E)) is amended--
       (1) in the first sentence, by striking ``The'' and 
     inserting ``Except as provided in the third sentence, the''; 
     and
       (2) by adding at the end the following new sentences: 
     ``Notwithstanding the preceding sentences, any alternative 
     quality standards and accreditation requirement established 
     under subparagraph (F)(iii)(II) shall be established through 
     notice and comment rulemaking. The Secretary may implement by 
     program instruction or otherwise subparagraph (G) after 
     consultation with representatives of relevant parties. The 
     specifications developed by the Secretary in order to 
     implement subparagraph (G) shall be posted on the Internet 
     website of the Centers for Medicare & Medicaid Services.''.
       (c) Administration.--Chapter 35 of title 44, United States 
     Code, shall not apply to this section.
       (d) Rule of Construction.--Nothing in the provisions of, or 
     amendments made by, this section shall be construed as 
     affecting the application of an accreditation requirement for 
     pharmacies to qualify for bidding in a competitive 
     acquisition area under section 1847 of the Social Security 
     Act (42 U.S.C. 1395w-3).
       (e) Waiver of 1-Year Reenrollment Bar.--In the case of a 
     pharmacy described in subparagraph (G) of section 1834(a)(20) 
     of the Social Security Act, as added by subsection (a), whose 
     billing privileges were revoked prior to January 1, 2011, by 
     reason of noncompliance with subparagraph (F)(i) of such 
     section, the Secretary of Health and Human Services shall 
     waive any reenrollment bar imposed pursuant to section 
     424.535(d) of title 42, Code of Federal Regulations (as in 
     effect on the date of the enactment of this Act) for such 
     pharmacy to reapply for such privileges.

[[Page S957]]

     SEC. 805. ENHANCED PAYMENT FOR MENTAL HEALTH SERVICES.

       Section 138(a)(1) of the Medicare Improvements for Patients 
     and Providers Act of 2008 (Public Law 110-275) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2010''.

     SEC. 806. EXTENSION OF AMBULANCE ADD-ONS.

       (a) In General.--Section 1834(l)(13) of the Social Security 
     Act (42 U.S.C. 1395m(l)(13)) is amended--
       (1) in subparagraph (A)--
       (A) in the matter preceding clause (i), by striking 
     ``before January 1, 2010'' and inserting ``before January 1, 
     2011''; and
       (B) in each of clauses (i) and (ii), by striking ``before 
     January 1, 2010'' and inserting ``before January 1, 2011''.
       (b) Air Ambulance Improvements.--Section 146(b)(1) of the 
     Medicare Improvements for Patients and Providers Act of 2008 
     (Public Law 110-275) is amended by striking ``ending on 
     December 31, 2009'' and inserting ``ending on December 31, 
     2010''.
       (c) Super Rural Ambulance.--Section 1834(l)(12)(A) of the 
     Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended--
       (1) in the first sentence, by striking ``2010'' and 
     inserting ``2011''; and
       (2) by adding at the end the following new sentence: ``For 
     purposes of applying this subparagraph for ground ambulance 
     services furnished on or after January 1, 2010, and before 
     January 1, 2011, the Secretary shall use the percent increase 
     that was applicable under this subparagraph to ground 
     ambulance services furnished during 2009.''.

     SEC. 807. EXTENSION OF GEOGRAPHIC FLOOR FOR WORK.

       Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 
     1395w-4(e)(1)(E)) is amended by striking ``before January 1, 
     2010'' and inserting ``before January 1, 2011''.

     SEC. 808. EXTENSION OF PAYMENT FOR TECHNICAL COMPONENT OF 
                   CERTAIN PHYSICIAN PATHOLOGY SERVICES.

       Section 542(c) of the Medicare, Medicaid, and SCHIP 
     Benefits Improvement and Protection Act of 2000 (as enacted 
     into law by section 1(a)(6) of Public Law 106-554), as 
     amended by section 732 of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (42 U.S.C. 1395w-4 
     note), section 104 of division B of the Tax Relief and Health 
     Care Act of 2006 (42 U.S.C. 1395w-4 note), section 104 of the 
     Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public 
     Law 110-173), and section 136 of the Medicare Improvements 
     for Patients and Providers Act of 2008 (Public Law 110-275), 
     is amended by striking ``and 2009'' and inserting ``2009, and 
     2010''.

     SEC. 809. EXTENSION OF OUTPATIENT HOLD HARMLESS PROVISION.

       (a) In General.--Section 1833(t)(7)(D)(i) of the Social 
     Security Act (42 U.S.C. 1395l(t)(7)(D)(i)) is amended--
       (1) in subclause (II)--
       (A) in the first sentence, by striking ``2010''and 
     inserting ``2011''; and
       (B) in the second sentence, by striking ``or 2009'' and 
     inserting ``, 2009, or 2010''; and
       (2) in subclause (III), by striking ``January 1, 2010'' and 
     inserting ``January 1, 2011''.
       (b) Permitting All Sole Community Hospitals To Be Eligible 
     for Hold Harmless.--Section 1833(t)(7)(D)(i)(III) of the 
     Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)(III)) is 
     amended by adding at the end the following new sentence: ``In 
     the case of covered OPD services furnished on or after 
     January 1, 2010, and before January 1, 2011, the preceding 
     sentence shall be applied without regard to the 100-bed 
     limitation.''.

     SEC. 810. EHR CLARIFICATION.

       (a) Qualification for Clinic-Based Physicians.--
       (1) Medicare.--Section 1848(o)(1)(C)(ii) of the Social 
     Security Act (42 U.S.C. 1395w-4(o)(1)(C)(ii)) is amended by 
     striking ``setting (whether inpatient or outpatient)'' and 
     inserting ``inpatient or emergency room setting''.
       (2) Medicaid.--Section 1903(t)(3)(D) of the Social Security 
     Act (42 U.S.C. 1396b(t)(3)(D)) is amended by striking 
     ``setting (whether inpatient or outpatient)'' and inserting 
     ``inpatient or emergency room setting''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective as if included in the enactment of the 
     HITECH Act (included in the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5)).
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary may implement the amendments made by this 
     section by program instruction or otherwise.

     SEC. 811. EXTENSION OF REIMBURSEMENT FOR ALL MEDICARE PART B 
                   SERVICES FURNISHED BY CERTAIN INDIAN HOSPITALS 
                   AND CLINICS.

       Section 1880(e)(1)(A) of the Social Security Act (42 U.S.C. 
     1395qq(e)(1)(A)) is amended by striking ``5-year period'' and 
     inserting ``6-year period''.

     SEC. 812. EXTENSION OF CERTAIN PAYMENT RULES FOR LONG-TERM 
                   CARE HOSPITAL SERVICES AND OF MORATORIUM ON THE 
                   ESTABLISHMENT OF CERTAIN HOSPITALS AND 
                   FACILITIES.

       (a) Extension of Certain Payment Rules.--Section 114(c) of 
     the Medicare, Medicaid, and SCHIP Extension Act of 2007 (42 
     U.S.C. 1395ww note), as amended by section 4302(a) of the 
     American Recovery and Reinvestment Act (Public Law 111-5), is 
     amended by striking ``3-year period'' each place it appears 
     and inserting ``4-year period''.
       (b) Extension of Moratorium.--Section 114(d)(1) of such Act 
     (42 U.S.C. 1395ww note), as amended by section 4302(b) of the 
     American Recovery and Reinvestment Act (Public Law 111-5), in 
     the matter preceding subparagraph (A), is amended by striking 
     ``3-year period'' and inserting ``4-year period''.

     SEC. 813. EXTENSION OF THE MEDICARE RURAL HOSPITAL 
                   FLEXIBILITY PROGRAM.

       Section 1820(j) of the Social Security Act (42 U.S.C. 
     1395i-4(j)) is amended--
       (1) by striking ``2010, and for'' and inserting ``2010, 
     for''; and
       (2) by inserting ``and for making grants to all States 
     under subsection (g), such sums as may be necessary in fiscal 
     year 2011, to remain available until expended'' before the 
     period at the end.

     SEC. 814. EXTENSION OF SECTION 508 HOSPITAL 
                   RECLASSIFICATIONS.

       (a) In General.--Subsection (a) of section 106 of division 
     B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 
     1395 note), as amended by section 117 of the Medicare, 
     Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-
     173) and section 124 of the Medicare Improvements for 
     Patients and Providers Act of 2008 (Public Law 110-275), is 
     amended by striking ``September 30, 2009'' and inserting 
     ``September 30, 2010''.
       (b) Special Rule for Fiscal Year 2010.--For purposes of 
     implementation of the amendment made by subsection (a), 
     including (notwithstanding paragraph (3) of section 117(a) of 
     the Medicare, Medicaid, and SCHIP Extension Act of 2007 
     (Public Law 110-173), as amended by section 124(b) of the 
     Medicare Improvements for Patients and Providers Act of 2008 
     (Public Law 110-275)) for purposes of the implementation of 
     paragraph (2) of such section 117(a), during fiscal year 
     2010, the Secretary of Health and Human Services (in this 
     subsection referred to as the ``Secretary'') shall use the 
     hospital wage index that was promulgated by the Secretary in 
     the Federal Register on August 27, 2009 (74 Fed. Reg. 43754), 
     and any subsequent corrections.

     SEC. 815. TECHNICAL CORRECTION RELATED TO CRITICAL ACCESS 
                   HOSPITAL SERVICES.

       (a) In General.--Subsections (g)(2)(A) and (l)(8) of 
     section 1834 of the Social Security Act (42 U.S.C. 1395m) are 
     each amended by inserting ``101 percent of'' before ``the 
     reasonable costs''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of section 
     405(a) of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (Public Law 108-173; 117 Stat. 
     2266).

     SEC. 816. EXTENSION FOR SPECIALIZED MA PLANS FOR SPECIAL 
                   NEEDS INDIVIDUALS.

       (a) In General.--Section 1859(f)(1) of the Social Security 
     Act (42 U.S.C. 1395w-28(f)(1)) is amended by striking 
     ``2011'' and inserting ``2012''.
       (b) Temporary Extension of Authority To Operate but No 
     Service Area Expansion for Dual Special Needs Plans That Do 
     Not Meet Certain Requirements.--Section 164(c)(2) of the 
     Medicare Improvements for Patients and Providers Act of 2008 
     (Public Law 110-275) is amended by striking ``December 31, 
     2010'' and inserting ``December 31, 2011''.

     SEC. 817. EXTENSION OF REASONABLE COST CONTRACTS.

       Section 1876(h)(5)(C)(ii) of the Social Security Act (42 
     U.S.C. 1395mm(h)(5)(C)(ii)) is amended, in the matter 
     preceding subclause (I), by striking ``January 1, 2010'' and 
     inserting ``January 1, 2011''.

     SEC. 818. EXTENSION OF PARTICULAR WAIVER POLICY FOR EMPLOYER 
                   GROUP PLANS.

       For plan year 2011 and subsequent plan years, to the extent 
     that the Secretary of Health and Human Services is applying 
     the 2008 service area extension waiver policy (as modified in 
     the April 11, 2008, Centers for Medicare & Medicaid Services' 
     memorandum with the subject ``2009 Employer Group Waiver-
     Modification of the 2008 Service Area Extension Waiver 
     Granted to Certain MA Local Coordinated Care Plans'') to 
     Medicare Advantage coordinated care plans, the Secretary 
     shall extend the application of such waiver policy to 
     employers who contract directly with the Secretary as a 
     Medicare Advantage private fee-for-service plan under section 
     1857(i)(2) of the Social Security Act (42 U.S.C. 1395w-
     27(i)(2)) and that had enrollment as of January 1, 2010.

     SEC. 819. EXTENSION OF CONTINUING CARE RETIREMENT COMMUNITY 
                   PROGRAM.

       Notwithstanding any other provision of law, the Secretary 
     of Health and Human Services shall continue to conduct the 
     Erickson Advantage Continuing Care Retirement Community 
     (CCRC) program under part C of title XVIII of the Social 
     Security Act through December 31, 2011.

     SEC. 820. FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME 
                   PROGRAMS.

       (a) Additional Funding for State Health Insurance 
     Programs.--Subsection (a)(1)(B) of section 119 of the 
     Medicare Improvements for Patients and Providers Act of 2008 
     (42 U.S.C. 1395b-3 note) is amended by striking ``(42 U.S.C. 
     1395w-23(f))'' and all that follows through the period at the 
     end and inserting ``(42 U.S.C. 1395w-23(f)), to the Centers 
     for Medicare & Medicaid Services Program Management Account--
       ``(i) for fiscal year 2009, of $7,500,000; and
       ``(ii) for fiscal year 2010, of $6,000,000.
     Amounts appropriated under this subparagraph shall remain 
     available until expended.''.

[[Page S958]]

       (b) Additional Funding for Area Agencies on Aging.--
     Subsection (b)(1)(B) of such section 119 is amended by 
     striking ``(42 U.S.C. 1395w-23(f))'' and all that follows 
     through the period at the end and inserting ``(42 U.S.C. 
     1395w-23(f)), to the Administration on Aging--
       ``(i) for fiscal year 2009, of $7,500,000; and
       ``(ii) for fiscal year 2010, of $6,000,000.
     Amounts appropriated under this subparagraph shall remain 
     available until expended.''.
       (c) Additional Funding for Aging and Disability Resource 
     Centers.--Subsection (c)(1)(B) of such section 119 is amended 
     by striking ``(42 U.S.C. 1395w-23(f))'' and all that follows 
     through the period at the end and inserting ``(42 U.S.C. 
     1395w-23(f)), to the Administration on Aging--
       ``(i) for fiscal year 2009, of $5,000,000; and
       ``(ii) for fiscal year 2010, of $6,000,000.
     Amounts appropriated under this subparagraph shall remain 
     available until expended.''.
       (d) Additional Funding for Contract With the National 
     Center for Benefits and Outreach Enrollment.--Subsection 
     (d)(2) of such section 119 is amended by striking ``(42 
     U.S.C. 1395w-23(f))'' and all that follows through the period 
     at the end and inserting ``(42 U.S.C. 1395w-23(f)), to the 
     Administration on Aging--
       ``(i) for fiscal year 2009, of $5,000,000; and
       ``(ii) for fiscal year 2010, of $2,000,000.
     Amounts appropriated under this subparagraph shall remain 
     available until expended.''.

     SEC. 821. FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS.

       Section 501(c)(1)(A)(iii) of the Social Security Act (42 
     U.S.C. 701(c)(1)(A)(iii)) is amended by striking ``fiscal 
     year 2009'' and inserting ``each of fiscal years 2009 through 
     2011''.

     SEC. 822. IMPLEMENTATION FUNDING.

       For purposes of carrying out the provisions of, and 
     amendments made by, this title that relate to titles XVIII 
     and XIX of the Social Security Act, there are appropriated to 
     the Secretary of Health and Human Services for the Centers 
     for Medicare & Medicaid Services Program Management Account, 
     from amounts in the general fund of the Treasury not 
     otherwise appropriated, $100,000,000. Amounts appropriated 
     under the preceding sentence shall remain available until 
     expended.

     SEC. 823. STATE COURT IMPROVEMENT PROGRAM.

       Section 438 of the Social Security Act (42 U.S.C. 629h) is 
     amended--
       (1) in subsection (c)(2)(A), by striking ``2010'' and 
     inserting ``2011''; and
       (2) in subsection (e), by striking ``2010'' and inserting 
     ``2011''.

     SEC. 824. EXTENSION OF GAINSHARING DEMONSTRATION.

       (a) In General.--Subsection (d)(3) of section 5007 of the 
     Deficit Reduction Act of 2005 (Public Law 109-171) is amended 
     by inserting ``(or 21 months after the date of the enactment 
     of the American Workers, State, and Business Relief Act of 
     2010, in the case of a demonstration project in operation as 
     of October 1, 2008)'' after ``December 31, 2009''.
       (b) Funding.--
       (1) In general.--Subsection (f)(1) of such section is 
     amended by inserting ``and for fiscal year 2010, 
     $1,600,000,'' after ``$6,000,000,''.
       (2) Availability.--Subsection (f)(2) of such section is 
     amended by striking ``2010'' and inserting ``2014 or until 
     expended''.
       (c) Reports.--
       (1) Quality improvement and savings.--Subsection (e)(3) of 
     such section is amended by striking ``December 1, 2008'' and 
     inserting ``18 months after the date of the enactment of the 
     American Workers, State, and Business Relief Act of 2010''.
       (2) Final report.--Subsection (e)(4) of such section is 
     amended by striking ``May 1, 2010'' and inserting ``42 months 
     after the date of the enactment of the American Workers, 
     State, and Business Relief Act of 2010''.

     SEC. 825. REVISION TO THE MEDICARE IMPROVEMENT FUND.

       Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
     1395iii(b)(1)), as amended by section 1011(b) of the 
     Department of Defense Appropriations Act, 2010 (Public Law 
     111-118), is amended--
       (1) in subparagraph (A), by striking ``$20,740,000,000'' 
     and inserting ``$2,940,000,000''; and
       (2) in subparagraph (B), by striking ``$550,000,000'' and 
     inserting ``$4,550,000,000''.
                                 ______
                                 
  SA 3353. Mr. SANDERS (for himself, Mr. Dodd, Mr. Whitehouse, Mr. 
Leahy, and Mrs. Gillibrand) submitted an amendment intended to be 
proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follow:

       On page 268, between lines 11 and 12, insert the following:

     SEC. __. EXTENSION AND MODIFICATION OF CERTAIN ECONOMIC 
                   RECOVERY PAYMENTS.

       (a) Short Title.--This section may be cited as the 
     ``Emergency Senior Citizens Relief Act of 2010''.
       (b) Extension and Modification of Payments.--Section 2201 
     of the American Recovery and Reinvestment Tax Act of 2009 is 
     amended--
       (1) in subsection (a)(1)(A)--
       (A) by inserting ``for each of calendar years 2009 and 
     2010'' after ``shall disburse'',
       (B) by inserting ``(for purposes of payments made for 
     calendar year 2009), or the 3-month period ending with the 
     month which ends prior to the month that includes the date of 
     the enactment of the Emergency Senior Citizens Relief Act of 
     2010 (for purposes of payments made for calendar year 2010)'' 
     after ``the date of the enactment of this Act'', and
       (C) by adding at the end the following new sentence: ``In 
     the case of an individual who is eligible for a payment under 
     the preceding sentence by reason of entitlement to a benefit 
     described in subparagraph (B)(i), no such payment shall be 
     made to such individual for calendar year 2010 unless such 
     individual was paid a benefit described in such subparagraph 
     (B)(i) for any month in the 12-month period ending with the 
     month which ends prior to the month that includes the date of 
     the enactment of the Emergency Senior Citizens Relief Act of 
     2010.'',
       (2) in subsection (a)(1)(B)(iii), by inserting ``(for 
     purposes of payments made under this paragraph for calendar 
     year 2009), or the 3-month period ending with the month which 
     ends prior to the month that includes the date of the 
     enactment of the Emergency Senior Citizens Relief Act of 2010 
     (for purposes of payments made under this paragraph for 
     calendar year 2010)'' before the period at the end,
       (3) in subsection (a)(2)--
       (A) by inserting ``, or who are utilizing a foreign or 
     domestic Army Post Office, Fleet Post Office, or Diplomatic 
     Post Office address'' after ``Northern Mariana Islands'', and
       (B) by striking ``current address of record'' and inserting 
     ``address of record, as of the date of certification under 
     subsection (b) for a payment under this section'',
       (4) in subsection (a)(3)--
       (A) by inserting ``per calendar year (determined with 
     respect to the calendar year for which the payment is made, 
     and without regard to the date such payment is actually paid 
     to such individual)'' after ``only 1 payment under this 
     section'', and
       (B) by inserting ``for the same year'' after ``payments'' 
     in the heading thereof,
       (5) in subsection (a)(4)--
       (A) by inserting ``(or, in the case of subparagraph (D), 
     shall not be due)'' after ``made'' in the matter preceding 
     subparagraph (A),
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) in the case of an individual entitled to a benefit 
     specified in paragraph (1)(B)(i) or paragraph 
     (1)(B)(ii)(VIII) if--
       ``(i) for the most recent month of such individual's 
     entitlement in the applicable 3-month period described in 
     paragraph (1); or
       ``(ii) for any month thereafter which is before the month 
     after the month of the payment;

     such individual's benefit under such paragraph was not 
     payable by reason of subsection (x) or (y) of section 202 of 
     the Social Security Act (42 U.S.C. 402) or section 1129A of 
     such Act (42 U.S.C. 1320a-8a);'',
       (C) in subparagraph (B), by striking ``3 month period'' and 
     inserting ``applicable 3-month period'',
       (D) by striking subparagraph (C) and inserting the 
     following:
       ``(C) in the case of an individual entitled to a benefit 
     specified in paragraph (1)(C) if--
       ``(i) for the most recent month of such individual's 
     eligibility in the applicable 3-month period described in 
     paragraph (1); or
       ``(ii) for any month thereafter which is before the month 
     after the month of the payment;

     such individual's benefit under such paragraph was not 
     payable by reason of subsection (e)(1)(A) or (e)(4) of 
     section 1611 (42 U.S.C. 1382) or section 1129A of such Act 
     (42 U.S.C. 1320a-8a); or'',
       (E) by striking subparagraph (D) and inserting the 
     following:
       ``(D) in the case of any individual whose date of death 
     occurs--
       ``(i) before the date of the receipt of the payment; or
       ``(ii) in the case of a direct deposit, before the date on 
     which such payment is deposited into such individual's 
     account.'',
       (F) by adding at the end the following flush sentence:

     ``In the case of any individual whose date of death occurs 
     before a payment is negotiated (in the case of a check) or 
     deposited (in the case of a direct deposit), such payment 
     shall not be due and shall not be reissued to the estate of 
     such individual or to any other person.'', and
       (G) by adding at the end, as amended by subparagraph (F), 
     the following new sentence: ``Subparagraphs (A)(ii) and 
     (C)(ii) shall apply only in the case of certifications under 
     subsection (b) which are, or but for this paragraph would be, 
     made after the date of the enactment of Emergency Senior 
     Citizens Relief Act of 2010, and shall apply to such 
     certifications without regard to the calendar year of the 
     payments to which such certifications apply.''.
       (6) in subsection (a)(5)--
       (A) by inserting ``, in the case of payments for calendar 
     year 2009, and no later than 120 days after the date of the 
     enactment of the Emergency Senior Citizens Relief Act of 
     2010, in the case of payments for calendar year 2010'' before 
     the period at the end of the first sentence of subparagraph 
     (A), and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Deadline.--No payment for calendar year 2009 shall be 
     disbursed under this section after December 31, 2010, and no 
     payment for calendar year 2010 shall be disbursed under this 
     section after December 31, 2011, regardless of any 
     determinations of entitlement to, or eligibility for, such 
     payment made after whichever of such dates is applicable to 
     such payment.'',
       (7) in subsection (b), by inserting ``(except that such 
     certification shall be affected by a

[[Page S959]]

     determination that an individual is an individual described 
     in subparagraph (A), (B), (C), or (D) of subsection (a)(4) 
     during a period described in such subparagraphs), and no 
     individual shall be certified to receive a payment under this 
     section for a calendar year if such individual has at any 
     time been denied certification for such a payment for such 
     calendar year by reason of subparagraph (A)(ii) or (C)(ii) of 
     subsection (a)(4) (unless such individual is subsequently 
     determined not to have been an individual described in either 
     such subparagraph at the time of such denial)'' before the 
     period at the end of the last sentence,
       (8) in subsection (c), by striking paragraph (4) and 
     inserting the following:
       ``(4) Payments subject to offset and reclamation.--
     Notwithstanding paragraph (3), any payment made under this 
     section--
       ``(A) shall, in the case of a payment by direct deposit 
     which is made after the date of the enactment of the 
     Emergency Senior Citizens Relief Act of 2010, be subject to 
     the reclamation provisions under subpart B of part 210 of 
     title 31, Code of Federal Regulations (relating to 
     reclamation of benefit payments); and
       ``(B) shall not, for purposes of section 3716 of title 31, 
     United States Code, be considered a benefit payment or cash 
     benefit made under the applicable program described in 
     subparagraph (B) or (C) of subsection (a)(1), and all amounts 
     paid shall be subject to offset under such section 3716 to 
     collect delinquent debts.'',
       (9) in subsection (e)--
       (A) by striking ``2011'' and inserting ``2012'',
       (B) by inserting ``section ___(c) of the Emergency Senior 
     Citizens Relief Act of 2010,'' after ``section 2202,'' in 
     paragraph (1), and
       (C) by adding at the following new paragraph:
       ``(5)(A) For the Secretary of the Treasury, an additional 
     $5,200,000 for purposes described in paragraph (1).
       ``(B) For the Commissioner of Social Security, an 
     additional $5,000,000 for the purposes described in paragraph 
     (2)(B).
       ``(C) For the Railroad Retirement Board, an additional 
     $600,000 for the purposes described in paragraph (3)(B).
       ``(D) For the Secretary of Veterans Affairs, an additional 
     $625,000 for the Information Systems Technology account''.
       (c) Extension of Special Credit for Certain Government 
     Retirees.--
       (1) In general.--In the case of an eligible individual (as 
     defined in section 2202(b) of the American Recovery and 
     Reinvestment Tax Act of 2009, applied by substituting 
     ``2010'' for ``2009''), with respect to the first taxable 
     year of such individual beginning in 2010, section 2202 of 
     the American Recovery and Reinvestment Tax Act of 2009 shall 
     be applied by substituting ``2010'' for ``2009'' each place 
     it appears.
       (2) Conforming amendment.--Subsection (c) of section 36A of 
     the Internal Revenue Code of 1986 is amended by inserting ``, 
     and any credit allowed to the taxpayer under section 
     ___(c)(1) of the Emergency Senior Citizens Relief Act of 
     2010'' after ``the American Recovery and Reinvestment Tax Act 
     of 2009''.
       (d) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect on the date of the enactment of this Act.
       (2) Application of rule relating to deceased individuals.--
     The amendment made by subsection (a)(5)(F) shall take effect 
     as if included in section 2201 of the American Recovery and 
     Reinvestment Tax Act of 2009.
       (e) Emergency Designation.--For purposes of Senate 
     enforcement, this section is designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     section 403 of S. Con Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
                                 ______
                                 
  SA 3354. Mr. WHITEHOUSE (for himself, Mr. Schumer, and Mr. Bingaman) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 269, after line 6, insert the following:

     SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Energy 
     Efficiency in Housing Act of 2010''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. 801. Short title and table of contents.
Sec. 802. Findings and purposes.
Sec. 803. Definitions.
Sec. 804. Implementation of energy efficiency participation incentives 
              for HUD programs.
Sec. 805. Incentives for energy efficient mortgages and location 
              efficient mortgages.
Sec. 806. Mortgage incentives for energy efficient multifamily housing.
Sec. 807. Energy efficiency and conservation demonstration program for 
              multifamily housing projects assisted with project-based 
              rental assistance.
Sec. 808. Additional credit for Fannie Mae and Freddie Mac housing 
              goals for energy efficient mortgages.
Sec. 809. Duty to serve underserved markets for energy efficient and 
              location efficient mortgages.
Sec. 810. Consideration of energy efficiency under FHA mortgage 
              insurance programs and Native American and Native 
              Hawaiian loan guarantee programs.
Sec. 811. Energy efficient mortgages education and outreach campaign.
Sec. 812. Collection of information on energy efficient and location 
              efficient mortgages through Home Mortgage Disclosure Act.
Sec. 813. Energy efficiency certifications for housing with mortgages 
              insured by FHA.
Sec. 814. Assisted housing energy loan pilot program.
Sec. 815. HOPE VI green developments requirement.
Sec. 816. Consideration of energy efficiency improvements in 
              appraisals.
Sec. 817. Additional requirements for the Housing Assistance Council.
Sec. 818. Rural housing and economic development assistance.
Sec. 819. Revolving fund for loans to States and Indian tribes to carry 
              out renewable energy sources activities.
Sec. 820. Competitive grant program to increase sustainable low-income 
              community development capacity.
Sec. 821. Insurance coverage for loans for financing of renewable 
              energy systems leased for residential use.
Sec. 822. Green banking centers.
Sec. 823. GAO reports on availability of affordable mortgages.
Sec. 824. Public housing energy cost report.

     SEC. 802. FINDINGS AND PURPOSES.

       (a) Congressional Findings.--The Congress finds that--
       (1) making the United States energy efficient is essential 
     for enhancing national security, fighting climate change, and 
     creating jobs;
       (2) unchecked use of energy resources poses a significant 
     threat to the national security, economy, public health, and 
     welfare of the people of the United States, the well-being of 
     other nations, and the global environment;
       (3) prompt, decisive action is critical to encourage energy 
     efficiency and conservation and the development of renewable 
     energy sources for housing, commercial structures, and other 
     buildings, and to create sustainable communities; and
       (4) it is possible and desirable to reduce energy 
     consumption in the United States while employing--
       (A) cost containment measures;
       (B) periodic review of requirements;
       (C) an aggressive program for deploying advanced energy 
     technology; and
       (D) programs to assist low- and middle-income energy 
     consumers.
       (b) Purposes.--The purposes of this title are--
       (1) to encourage the use of energy efficiency and 
     conservation methods in Federal housing programs;
       (2) to expand the use of energy efficient mortgages;
       (3) to provide for the development and installation of 
     renewable energy sources for housing, commercial structures, 
     and other buildings;
       (4) to create sustainable communities;
       (5) to support the creation of a stable ``green jobs'' 
     sector by increasing demand for energy efficient products and 
     professionals with expertise in green building standards; and
       (6) to achieve these goals while preserving the 
     development, benefits, and affordability of Federal housing 
     programs.

     SEC. 803. DEFINITIONS.

       In this title, the following definitions shall apply:
       (1) Energy audit.--The term ``energy audit'' means an 
     investment grade energy audit conducted for purposes of 
     paragraph (2)(B)(iii), in accordance with such standards as 
     the Secretary shall establish, after optional consultation 
     with any advisory committee established pursuant to section 
     807(c)(2) of this title.
       (2) Enhanced energy efficiency standards.--The term 
     ``enhanced energy efficiency standards'' means any one of the 
     following:
       (A) Green building standards.--Green building standards, as 
     that term is defined in paragraph (3).
       (B) Residential structures.--In the case of a residential 
     single family or multifamily structure, standards established 
     by the Secretary, by regulation, that--
       (i) impose requirements additional to, or more stringent 
     than, minimum energy efficiency standards, as that term is 
     defined in paragraph (6);
       (ii) in the case of a newly constructed structure, are 
     identical to the Energy Star standards established by the 
     Environmental Protection Agency, or any successor thereto 
     adopted by the Secretary by regulation;
       (iii) in the case of an existing structure, require a 
     reduction in energy consumption from the previous level of 
     consumption for the structure, as determined in accordance 
     with energy audits performed both before and after any 
     rehabilitation or improvements undertaken to reduce such 
     consumption, that exceeds the reduction necessary for 
     compliance with minimum energy efficiency standards.

[[Page S960]]

       (C) Nonresidential structures.--In the case of a 
     nonresidential structure, include such energy efficiency and 
     conservation requirements, standards, checklists, or rating 
     systems for nonresidential structures as the Secretary 
     determines are necessary.
       (3) Green building standards.--The term ``green building 
     standards'' means systems and standards for residential and 
     nonresidential structures that are established or adopted by 
     the Secretary, by regulation, and that--
       (A) require the use of sustainable design principles to--
       (i) reduce the use of nonrenewable resources;
       (ii) encourage energy efficient construction and 
     rehabilitation and the use of renewable energy resources;
       (iii) minimize the impact of development on the 
     environment;
       (iv) improve indoor air quality;
       (v) maximize water conservation; and
       (vi) encourage the selection of building materials that 
     reduce adverse impacts on the environment;
       (B) impose requirements additional to, or more stringent 
     than, minimum energy efficiency standards, as that term is 
     defined in paragraph (6);
       (C) include--
       (i) the national Green Communities criteria checklist for 
     residential construction, which provides criteria for the 
     design, development, and operation of affordable housing, or 
     any successor thereto adopted by the Secretary by regulation;
       (ii) the Leadership in Energy and Environmental Design 
     (LEED) certification for new construction, the LEED for Homes 
     rating system, the LEED for Core and Shell rating system, as 
     applicable, or any successors thereto adopted by the 
     Secretary by regulation;
       (iii) the Green Globes assessment and rating system of the 
     Green Building Initiative;
       (iv) in the case of manufactured housing, the Energy Star 
     standards established by the Environmental Protection Agency 
     with respect to fixtures, appliances, and equipment in such 
     housing, or any successor thereto adopted by the Secretary by 
     regulation;
       (v) the National Green Building Standard, only--

       (I) if such standard is ratified under the American 
     National Standards Institute process;
       (II) upon expiration of the 180-day period beginning upon 
     such ratification; and
       (III) if, during such 180-day period, the Secretary does 
     not reject the applicability of such standard for purposes of 
     this paragraph; and

       (vi) any other requirement, standard, checklist, or rating 
     system for green building or sustainability that the 
     Secretary--

       (I) determines is necessary for a specific type of 
     residential single family or multifamily structure; or
       (II) may determine to adopt or apply not later than 180 
     days after the date of receipt of any written request, made 
     in such form as the Secretary shall provide, for such 
     adoption and application; and

       (D) may be waived by the Secretary, if the Secretary 
     determines that waiver of such regulations would promote 
     enhanced energy efficiency or conservation.
       (4) HUD.--The term ``HUD'' means the Department of Housing 
     and Urban Development.
       (5) HUD assistance.--The term ``HUD assistance'' means 
     financial assistance that is awarded, competitively or 
     noncompetitively, allocated by formula, or provided by HUD 
     through loan insurance or guarantee.
       (6) Minimum energy efficiency standards.--
       (A) In general.--The term ``minimum energy efficiency 
     standards'' has the meaning given that term by regulations of 
     the Secretary.
       (B) Regulations for residential structures.--Regulations 
     issued by the Secretary under subparagraph (A) shall, in the 
     case of a residential single family or multifamily 
     structure--
       (i) require the structure to comply with the applicable 
     provisions of the American Society of Heating, Refrigerating, 
     and Air-Conditioning Engineers Standard 90.1-2007, or any 
     successor thereto adopted by the Secretary, by regulation;
       (ii) require the structure to comply with the applicable 
     provisions of the 2009 International Energy Conservation 
     Code, or any successor thereto adopted by the Secretary, by 
     regulation;
       (iii) in the case of an existing structure--

       (I) where the Secretary determines such action is cost 
     effective, require--

       (aa) the structure to have undergone rehabilitation or 
     improvements that are completed after the date of enactment 
     of this title; and
       (bb) the energy consumption for the structure to have been 
     reduced by not less than 20 percent from the previous level 
     of consumption, as determined in accordance with energy 
     audits performed both before and after any rehabilitation or 
     improvements undertaken to reduce such consumption;

       (II) if the structure has 4 stories or more, require the 
     structure to demonstrate a 20 percent improvement in the 
     proposed building performance rating when compared to a 
     baseline building performance rating resulting from a whole 
     building project simulation conducted in accordance with the 
     Building Performance Rating Method in Appendix G of American 
     Society of Heating, Refrigerating, and Air-Conditioning 
     Engineers Standard 90.1-2004, or any successor thereto 
     adopted by the Secretary, by regulation; and
       (III) if the structure has fewer than 4 stories, require 
     the structure to demonstrate, by modeling based on the Home 
     Energy Rating System Index of the Residential Energy Services 
     Network, a 20 percent improvement in the proposed building 
     performance rating; and

       (iv) require the structure to comply with any provisions of 
     such other energy efficiency requirements, standards, 
     checklists, or ratings systems as the Secretary determines 
     are necessary for a specific type of residential single 
     family or multifamily structure; and
       (C) Regulations for nonresidential structures.--Regulations 
     issued by the Secretary under subparagraph (a) shall, in the 
     case of a nonresidential structure that is constructed or 
     rehabilitated with HUD assistance--
       (i) require the structure to be not less than 30 percent 
     more energy efficient than required by local residential and 
     commercial building codes regarding energy efficiency; and
       (ii) require the structure to comply with such additional 
     energy efficiency requirements, standards, checklists, or 
     rating systems as the Secretary determines are applicable to 
     nonresidential structures.
       (7) Nonresidential structures.--The term ``nonresidential 
     structures'' means only nonresidential structures that are 
     appurtenant to single family or multifamily housing 
     residential structures, or those that are funded by the 
     Secretary through the HUD Community Development Block Grant 
     program established under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
       (8) Secretary.--The term ``Secretary'', unless otherwise 
     specified, means the Secretary of Housing and Urban 
     Development.

     SEC. 804. IMPLEMENTATION OF ENERGY EFFICIENCY PARTICIPATION 
                   INCENTIVES FOR HUD PROGRAMS.

       Not later than 180 days after the date of enactment of this 
     title, the Secretary shall issue such regulations as may be 
     necessary to establish annual energy efficiency participation 
     incentives to encourage participants in programs administered 
     by the Secretary, including recipients under programs for 
     which HUD assistance is provided, to achieve substantial 
     improvements in energy efficiency.

     SEC. 805. INCENTIVES FOR ENERGY EFFICIENT MORTGAGES AND 
                   LOCATION EFFICIENT MORTGAGES.

       (a) In General.--The Secretary shall establish budget-
     neutral incentives for encouraging lenders to make, and 
     homebuyers and homeowners to participate in, energy efficient 
     mortgages and location efficient mortgages.
       (b) Incentives.--The incentives required under subsection 
     (a) may include--
       (1) fee reductions;
       (2) fee waivers;
       (3) interest rate reductions; and
       (4) adjustment of mortgage qualifications.
       (c) Additional Consideration.--In establishing the 
     incentives required under subsection (a), the Secretary shall 
     consider the lower risk of default on energy efficient 
     mortgages and location efficient mortgages in comparison to 
     mortgages that are not energy efficient or location 
     efficient.
       (d) Definitions.--The terms ``energy efficient mortgage'' 
     and ``location efficient mortgage'' have the same meaning as 
     in section 1335(e) of the Federal Housing Enterprises 
     Financial Safety and Soundness Act of 1992 (12 U.S.C. 
     4565(e)) (as added by section 808 of this title).

     SEC. 806. MORTGAGE INCENTIVES FOR ENERGY EFFICIENT 
                   MULTIFAMILY HOUSING.

       (a) In General.--The Secretary shall establish--
       (1) incentives for increasing the energy efficiency of 
     multifamily housing that is subject to a mortgage to be 
     insured under title II of the National Housing Act (12 U.S.C. 
     1707 et seq.) so that such housing meets minimum energy 
     standards; and
       (2) incentives to encourage compliance of such housing with 
     enhanced energy efficiency standards, to the extent that such 
     incentives are based on the impact that savings on utility 
     costs have on the operating costs of the housing, as 
     determined by the Secretary.
       (b) Incentives.--The incentives required under subsection 
     (a) may include, for any such multifamily housing that meets 
     minimum energy efficiency standards--
       (1) providing a discount on the chargeable premiums for the 
     mortgage insurance for such housing from the amount otherwise 
     chargeable for such mortgage insurance;
       (2) allowing mortgages to exceed the dollar amount limits 
     otherwise applicable under law to the extent such additional 
     amounts are used to finance improvements or measures designed 
     to meet the standards referred to in subsection (a); and
       (3) reducing the amount that the owner of such multifamily 
     housing is required to contribute.

     SEC. 807. ENERGY EFFICIENCY AND CONSERVATION DEMONSTRATION 
                   PROGRAM FOR MULTIFAMILY HOUSING PROJECTS 
                   ASSISTED WITH PROJECT-BASED RENTAL ASSISTANCE.

       (a) Authority.--
       (1) In general.--For multifamily housing projects for which 
     project-based rental assistance is provided under a covered 
     multifamily assistance program, the Secretary

[[Page S961]]

     shall, subject to the availability of amounts provided in 
     advance in appropriation Acts, carry out a program to 
     demonstrate the effectiveness of funding a portion of the 
     costs of meeting enhanced energy efficiency standards.
       (2) Indian housing.--At the discretion of the Secretary, 
     the demonstration program required under paragraph (1) may 
     include incentives for housing that is assisted with Indian 
     housing block grants provided pursuant to the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4101 et seq.), but only to the extent that such 
     inclusion does not violate such Act, regulations promulgated 
     pursuant to such Act, and the goal of such Act of tribal 
     self-determination.
       (b) Goals.--The demonstration program under this section 
     shall be carried out in a manner that--
       (1) protects the financial interests of the Federal 
     Government;
       (2) reduces the proportion of funds provided by the Federal 
     Government and by owners and residents of multifamily housing 
     projects that are used for costs of utilities for such 
     projects;
       (3) encourages energy efficiency and conservation by owners 
     and residents of multifamily housing projects and 
     installation of renewable energy improvements, such as 
     improvements providing for use of solar, wind, geothermal, or 
     biomass energy sources;
       (4) creates incentives for project owners to carry out such 
     energy efficiency renovations and improvements by allowing a 
     portion of the savings in operating costs resulting from such 
     renovations and improvements to be retained by the project 
     owner, notwithstanding otherwise applicable limitations on 
     dividends;
       (5) allows project owners and tenants to share the savings 
     in operating costs resulting from such renovations and 
     improvements in accordance with an appropriate ratio;
       (6) promotes the installation, in existing residential 
     buildings, of energy efficient and cost-effective 
     improvements and renewable energy improvements, such as 
     improvements providing for use of solar, wind, geothermal, or 
     biomass energy sources;
       (7) tests the efficacy of a variety of energy efficiency 
     measures for multifamily housing projects of various sizes 
     and in various geographic locations;
       (8) tests methods for addressing the various, and often 
     competing, incentives that impede owners and residents of 
     multifamily housing projects from working together to achieve 
     energy efficiency or conservation; and
       (9) creates a database of energy efficiency and 
     conservation, and renewable energy, techniques, energy 
     savings management practices, and energy efficiency and 
     conservation financing vehicles.
       (c) Approaches.--In carrying out the demonstration program 
     under this section, the Secretary may take the following 
     actions:
       (1) Enter into agreements with the Building America Program 
     of the Department of Energy and other consensus committees 
     under which such programs, partnerships, or committees assume 
     some or all of the functions, obligations, and benefits of 
     the Secretary with respect to energy savings.
       (2) Establish advisory committees to advise the Secretary 
     and any such third party partners on technological and other 
     developments in the area of energy efficiency and the 
     creation of an energy efficiency and conservation credit 
     facility and other financing opportunities that--
       (A) include representatives of homebuilders, realtors, 
     architects, nonprofit housing organizations, environmental 
     protection organizations, renewable energy organizations, 
     State housing finance agencies, and advocacy organizations 
     for low-income individuals, the elderly, and persons with 
     disabilities; and
       (B) are not subject to the Federal Advisory Committee Act 
     (5 U.S.C. App.).
       (3) Develop a competitive process for the award of such 
     additional assistance for multifamily housing projects 
     seeking to implement energy efficiency, renewable energy 
     sources, or conservation measures.
       (4) Waive or modify any existing Federal regulatory 
     provision that would otherwise impair the implementation or 
     effectiveness of the demonstration program under this 
     section, including provisions relating to methods for rent 
     adjustments, comparability standards, maximum rent schedules, 
     and utility allowances. Notwithstanding the preceding 
     provisions of this paragraph, the Secretary may not waive any 
     statutory requirement relating to fair housing, 
     nondiscrimination, labor standards, or the environment, 
     except pursuant to existing authority to waive nonstatutory 
     environmental and other applicable requirements.
       (d) Requirement.--During the 4-year period beginning 12 
     months after the date of enactment of this title, the 
     Secretary shall carry out demonstration programs under this 
     section with respect to not fewer than 50,000 dwelling units.
       (e) Selection.--
       (1) Scope.--
       (A) In general.--In order to provide a broad and 
     representative profile for use in designing a program which 
     can become operational and effective nationwide, the 
     Secretary shall carry out the demonstration program under 
     this section with respect to dwelling units located in a wide 
     variety of geographic areas and project types assisted by the 
     various covered multifamily assistance programs and using a 
     variety of energy efficiency and conservation and funding 
     techniques to reflect differences in climate, types of 
     dwelling units, technical and scientific methodologies, and 
     financing options.
       (B) Indian lands.--The Secretary shall ensure that the 
     geographic areas included in the demonstration program under 
     this section include dwelling units on Indian lands (as that 
     term is defined in section 2601 of the Energy Policy Act of 
     1992 (25 U.S.C. 3501)), to the extent that dwelling units on 
     Indian land have the type of residential structures that are 
     the focus of the demonstration program.
       (2) Priority.--The Secretary shall provide priority for 
     selection for participation in the program under this section 
     based on the extent to which, as a result of assistance 
     provided, the project will meet minimum energy efficiency 
     standards or enhanced energy efficiency standards.
       (f) Use of Existing Partnerships.--To the extent feasible, 
     the Secretary shall--
       (1) utilize the Partnership for Advancing Technology in 
     Housing of the Department of Housing and Urban Development to 
     assist in carrying out the requirements of this section and 
     to provide education and outreach regarding the demonstration 
     program authorized under this section; and
       (2) consult with the Secretary of Energy, the Administrator 
     of the Environmental Protection Agency, and the Secretary of 
     the Army regarding utilizing the Building America Program of 
     the Department of Energy, the Energy Star Program, and the 
     Army Corps of Engineers, respectively, to determine the 
     manner in which such programs might assist in carrying out 
     the goals of this section and providing education and 
     outreach regarding the demonstration program authorized under 
     this section.
       (g) Reports.--
       (1) Annual report.--Not later than 2 years after the date 
     of enactment of this title, and for each year thereafter 
     during the term of the demonstration program, the Secretary 
     shall submit to Congress a report that describes and assesses 
     the demonstration program under this section.
       (2) Final report.--Not later than 6 months after the 
     expiration of the 4-year period described in subsection (d), 
     the Secretary shall submit to Congress a final report 
     assessing the demonstration program that--
       (A) assesses the potential for expanding the demonstration 
     program on a nationwide basis; and
       (B) includes descriptions of--
       (i) the size of each multifamily housing project for which 
     assistance was provided under the program;
       (ii) the geographic location of each project assisted, by 
     State and region;
       (iii) the criteria used to select the projects for which 
     assistance is provided under the program;
       (iv) the energy efficiency and conservation measures and 
     financing sources used for each project that is assisted 
     under the program;
       (v) the difference, before and during participation in the 
     demonstration program, in the amount of the monthly 
     assistance payments under the covered multifamily assistance 
     program for each project assisted under the program;
       (vi) the average length of the term of the assistance 
     provided under the program for a project;
       (vii) the aggregate amount of savings generated by the 
     demonstration program and the amount of savings expected to 
     be generated by the program over time on a per-unit and 
     aggregate program basis;
       (viii) the functions performed in connection with the 
     implementation of the demonstration program that were 
     transferred or contracted out to any third parties;
       (ix) an evaluation of the overall successes and failures of 
     the demonstration program; and
       (x) recommendations for any actions to be taken as a result 
     of such successes and failures.
       (3) Contents.--Each annual report pursuant to paragraph (1) 
     and the final report pursuant to paragraph (2) shall 
     include--
       (A) a description of the status of each multifamily housing 
     project selected for participation in the demonstration 
     program under this section; and
       (B) findings from the program and recommendations for any 
     legislative actions.
       (h) Covered Multifamily Assistance Program.--For purposes 
     of this section, the term ``covered multifamily assistance 
     program'' means--
       (1) the program under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f) for project-based 
     rental assistance;
       (2) the program under section 202 of the Housing Act of 
     1959 (12 U.S.C. 1701q) for assistance for supportive housing 
     for the elderly;
       (3) the program under section 811 of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 8013) for 
     supportive housing for persons with disabilities; and
       (4) the program for assistance under the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4111).
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each fiscal year in which the demonstration program under 
     this section is carried out.
       (j) Regulations.--Not later than 180 days after the date of 
     enactment of this title, the Secretary shall issue any 
     regulations necessary to carry out this section.

[[Page S962]]

     SEC. 808. ADDITIONAL CREDIT FOR FANNIE MAE AND FREDDIE MAC 
                   HOUSING GOALS FOR ENERGY EFFICIENT MORTGAGES.

       Section 1336(a) of the Housing and Community Development 
     Act of 1992 (12 U.S.C. 4566(a)) is amended--
       (1) in paragraph (2), by striking ``paragraph (5)'' and 
     inserting ``paragraphs (5) and (6)''; and
       (2) by adding at the end the following:
       ``(6) Additional energy efficiency credit.--
       ``(A) In general.--In assigning credit toward achievement 
     under this section of the housing goals for mortgage purchase 
     activities of the enterprises, the Director shall assign--
       ``(i) more than 125 percent credit, for purchases that--

       ``(I) comply with the requirements of such goals; and
       ``(II) support housing that meets minimum energy efficiency 
     standards, as that term is defined in section 803 of the 
     Energy Efficiency in Housing Act of 2010; and

       ``(ii) credit in addition to credit under clause (i), for 
     purchases that--

       ``(I) comply with the requirements of such goals; and
       ``(II) support housing that complies with enhanced energy 
     efficiency standards, as that term is defined in section 803 
     of such Act.

       ``(B) Treatment of additional credit.--The availability of 
     additional credit under this paragraph shall not be used to 
     increase any housing goal, subgoal, or target established 
     under this subpart.''.

     SEC. 809. DUTY TO SERVE UNDERSERVED MARKETS FOR ENERGY 
                   EFFICIENT AND LOCATION EFFICIENT MORTGAGES.

       Section 1335 of the Federal Housing Enterprises Financial 
     Safety and Soundness Act of 1992 (12 U.S.C. 4565) is 
     amended--
       (1) in subsection (a)(1), by adding at the end the 
     following:
       ``(D) Markets for energy efficient and location efficient 
     mortgages.--
       ``(i) Duty.--Except as provided in clause (ii), the 
     enterprise shall develop loan products and flexible 
     underwriting guidelines to facilitate a secondary market for 
     energy efficient and location efficient mortgages on housing 
     for very low-, low-, and moderate-income families, and for 
     second and junior mortgages made for purposes of energy 
     efficiency or renewable energy improvements.
       ``(ii) Authority to suspend.--Notwithstanding any other 
     provision of this section, the Director may suspend the 
     applicability of the requirement under clause (i) with 
     respect to an enterprise, for such period as is necessary, if 
     the Director determines that exigent circumstances exist and 
     such suspension is appropriate to ensure the safety and 
     soundness of the portfolio holdings of the enterprise.'';
       (2) by adding at the end the following:
       ``(e) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       ``(1) Energy efficient mortgage.--The term `energy 
     efficient mortgage' means a mortgage loan under which the 
     income of the borrower, for purposes of qualification for 
     such loan, is considered to be increased by--
       ``(A) not less than $1 for each $1 of savings projected to 
     be realized by the borrower as a result of cost-effective 
     energy saving design, construction, or improvements 
     (including use of renewable energy sources, such as solar, 
     geothermal, biomass, and wind, superinsulation, energy-saving 
     windows, insulating glass and film, and radiant barrier) for 
     the home for which the loan is made; or
       ``(B) a ratio of income to savings determined by the 
     Director.
       ``(2) Location efficient mortgage.--The term `location 
     efficient mortgage' means a mortgage loan under which--
       ``(A) the income of the borrower, for purposes of 
     qualification for such loan, is considered to be increased 
     by--
       ``(i) not less than $1 for each $1 of savings projected to 
     be realized by the borrower because the location of the home 
     for which the loan is made will result in decreased 
     transportation costs for the household of the borrower; or
       ``(ii) a ratio of income to savings determined by the 
     Director; or
       ``(B) the sum of the principal, interest, taxes, and 
     insurance due under the mortgage loan is decreased by--
       ``(i) not less than $1 for each $1 of savings projected to 
     be realized by the borrower because the location of the home 
     for which loan is made will result in decreased 
     transportation costs for the household of the borrower; or
       ``(ii) a ratio of principal, interest, taxes, and insurance 
     due under the mortgage to savings projected to be realized by 
     the borrower determined by the Director.''.

     SEC. 810. CONSIDERATION OF ENERGY EFFICIENCY UNDER FHA 
                   MORTGAGE INSURANCE PROGRAMS AND NATIVE AMERICAN 
                   AND NATIVE HAWAIIAN LOAN GUARANTEE PROGRAMS.

       (a) FHA Mortgage Insurance.--
       (1) Requirement.--Title V of the National Housing Act is 
     amended by adding after section 542 (12 U.S.C. 1735f-20) the 
     following:

     ``SEC. 543. CONSIDERATION OF ENERGY EFFICIENCY.

       ``(a) Underwriting Standards.--In establishing underwriting 
     standards for mortgages on single family housing that meets 
     minimum energy efficiency standards, as that term is defined 
     in section 803 of the Energy Efficiency in Housing Act of 
     2010, that are insured under this Act, the Secretary shall 
     consider the impact that savings on utility costs has on the 
     income of the mortgagor.
       ``(b) Goal.--It is the sense of the Congress that, in 
     carrying out this Act, the Secretary should endeavor to 
     insure mortgages on single family housing that meets minimum 
     energy efficiency standards, as that term is defined in 
     section 803 of the Energy Efficiency in Housing Act of 2010, 
     such that at least 50,000 such mortgages are insured during 
     the period beginning on the date of enactment of such Act and 
     ending on December 31, 2012.''.
       (2) Reporting on defaults.--Section 540(b)(2) of the 
     National Housing Act (12 U.S.C. 1735f-18(b)(2)) is amended by 
     adding at the end the following:
       ``(C) With respect to each collection period that commences 
     after December 31, 2011--
       ``(i) the total number of mortgages on single family 
     housing that meets minimum energy efficiency standards, as 
     that term is defined in section 803 of the Energy Efficiency 
     in Housing Act of 2010, that are insured by the Secretary 
     during the applicable collection period;
       ``(ii) the number of defaults and foreclosures occurring on 
     such mortgages during such period;
       ``(iii) the percentage of the total of such mortgages 
     insured during such period on which defaults and foreclosure 
     occurred; and
       ``(iv) the rate for such period of defaults and 
     foreclosures on such mortgages compared to the overall rate 
     for such period of defaults and foreclosures on mortgages for 
     single family housing insured under this Act by the 
     Secretary.''.
       (b) Indian Housing Loan Guarantees.--
       (1) Requirement.--Section 184 of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
       (A) by redesignating subsection (l) as subsection (m); and
       (B) by inserting after subsection (k) the following:
       ``(l) Consideration of Energy Efficiency.--The Secretary 
     shall establish a method to consider, in its underwriting 
     standards for loans for single family housing that meet 
     minimum energy efficiency standards, as that term is defined 
     in section 803 of the Energy Efficiency in Housing Act of 
     2010, that are guaranteed under this section, the impact that 
     savings on utility costs has on the portion of the income of 
     the borrower that is available to service the mortgage 
     debt.''.
       (2) Reporting on defaults.--Section 540(b)(2) of the 
     National Housing Act (12 U.S.C. 1735f-18(b)(2)), as amended 
     by subsection (a)(2) of this section, is amended by adding at 
     the end the following:
       ``(D) With respect to each collection period that commences 
     after December 31, 2011--
       ``(i) the total number of loans guaranteed under section 
     184 of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a) for single family housing that meets 
     enhanced energy efficiency standards, as that term is defined 
     in section 803 of the Energy Efficiency in Housing Act of 
     2010, that are guaranteed by the Secretary during the 
     applicable collection period;
       ``(ii) the number of defaults and foreclosures that occur 
     on such loans during such period;
       ``(iii) the percentage of the total number of such loans 
     guaranteed during such period on which defaults and 
     foreclosures occurred; and
       ``(iv) the rate for such period of defaults and 
     foreclosures on such loans compared to the overall rate for 
     such period of defaults and foreclosures on loans for single 
     family housing guaranteed under section 184 of such Act.''.
       (c) Native Hawaiian Housing Loan Guarantees.--
       (1) Requirement.--Section 184A of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1715z-13b) is amended by 
     adding at the end the following:
       ``(m) Energy Efficient Housing Requirement.--The Secretary 
     shall establish a method to consider, in its underwriting 
     standards for loans for single family housing that meets 
     minimum energy efficiency standards, as that term is defined 
     in section 803 of the Energy Efficiency in Housing Act of 
     2010, that are guaranteed under this section, the impact that 
     savings on utility costs have on the income of the 
     borrower.''.
       (2) Reporting on defaults.--Section 540(b)(2) of the 
     National Housing Act (12 U.S.C. 1735f-18(b)(2)), as amended 
     by the preceding provisions of this section, is amended by 
     adding at the end the following:
       ``(E) With respect to each collection period that commences 
     after December 31, 2011--
       ``(i) the total number of loans guaranteed under section 
     184A of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13b) on single family housing that meets 
     enhanced energy efficiency standards, as that term is defined 
     in section 803 of the Energy Efficiency in Housing Act of 
     2010, that are guaranteed by the Secretary during the 
     applicable collection period;
       ``(ii) the number of defaults and foreclosures occurring on 
     such loans during such period;
       ``(iii) the percentage of the total of such loans 
     guaranteed during such period on which defaults and 
     foreclosures occurred; and
       ``(iv) the rate for such period of defaults and 
     foreclosures on such loans compared to the overall rate for 
     such period of defaults and foreclosures on loans for single 
     family housing guaranteed under such section 184A.''.

[[Page S963]]

     SEC. 811. ENERGY EFFICIENT MORTGAGES EDUCATION AND OUTREACH 
                   CAMPAIGN.

       Section 513 of the Housing and Community Development Act of 
     1992 (12 U.S.C. 1701z-16 note) is amended by adding at the 
     end the following:
       ``(g) Education and Outreach Campaign.--
       ``(1) Development of energy efficient mortgage outreach 
     program.--
       ``(A) Commission.--The Secretary, in consultation and 
     coordination with the Secretary of Energy, the Secretary of 
     Education, the Secretary of Agriculture, and the 
     Administrator of the Environmental Protection Agency, shall 
     establish a commission to develop and recommend model 
     mortgage products and underwriting guidelines that provide 
     market-based incentives to prospective home buyers, lenders, 
     and sellers to incorporate energy efficiency upgrades in new 
     mortgage loan transactions.
       ``(B) Report.--Not later than 24 months after the date of 
     enactment of this subsection, the Secretary shall submit to 
     Congress a written report on the results of work of the 
     commission established pursuant to subparagraph (A) and that 
     identifies model mortgage products and underwriting 
     guidelines that may encourage energy efficiency.
       ``(2) Implementation.--
       ``(A) In general.--After submission of the report under 
     paragraph (1)(B), the Secretary, in consultation and 
     coordination with the Secretary of Energy, the Secretary of 
     Education, and the Administrator of the Environmental 
     Protection Agency, shall carry out a public awareness, 
     education, and outreach campaign based on the findings of the 
     commission established pursuant to paragraph (1) to inform 
     and educate residential lenders and prospective borrowers 
     regarding the availability, benefits, advantages, and terms 
     of--
       ``(i) energy efficient mortgages made available pursuant to 
     this section;
       ``(ii) energy efficient mortgages that meet the 
     requirements of section 1334A of this Act; and
       ``(iii) other mortgages, including mortgages for 
     multifamily housing, that have energy improvement features.
       ``(B) Contracting.--The Secretary may enter into a contract 
     with an appropriate entity to publicize and market such 
     mortgages through appropriate media.
       ``(3) Renewable energy home product expositions.--It is the 
     sense of Congress that the Secretary of Housing and Urban 
     Development should work with appropriate entities to organize 
     and hold renewable energy expositions that provide an 
     opportunity for the public to view and learn about renewable 
     energy products for the home that are currently on the 
     market.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     subsection $5,000,000 for each of fiscal years 2010 through 
     2013.''.

     SEC. 812. COLLECTION OF INFORMATION ON ENERGY EFFICIENT AND 
                   LOCATION EFFICIENT MORTGAGES THROUGH HOME 
                   MORTGAGE DISCLOSURE ACT.

       (a) In General.--Section 304(b)(1) of the Home Mortgage 
     Disclosure Act of 1975 (12 U.S.C. 2803(b)(1)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(5) the number and dollar amount of mortgage loans for 
     single family housing and for multifamily housing that are 
     energy efficient mortgages (as such term is defined in 
     section 1334A of the Housing and Community Development Act of 
     1992); and
       ``(6) the number and dollar amount of mortgage loans for 
     single family housing and for multifamily housing that are 
     location efficient mortgages (as such term is defined in 
     section 1334A of Housing and Community Development Act of 
     1992).''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to the first calendar year that 
     begins after the expiration of the 30-day period beginning on 
     the date of enactment of this title.

     SEC. 813. ENERGY EFFICIENCY CERTIFICATIONS FOR HOUSING WITH 
                   MORTGAGES INSURED BY FHA.

       Section 526 of the National Housing Act (12 U.S.C. 1735f-
     4(a)) is amended--
       (1) in subsection (a)--
       (A) by striking ``, other than manufactured homes,'' each 
     place that term appears;
       (B) by inserting after the period at the end the following: 
     ``The energy performance requirements developed and 
     established by the Secretary under this section for 
     manufactured homes shall require Energy Star ratings for wall 
     fixtures, appliances, and equipment in such homes.'';
       (C) by striking ``(a) To'' and inserting the following:
       ``(a) Energy Efficiency.--
       ``(1) In general.--To''; and
       (D) by adding at the end the following:
       ``(2) Certification.--The Secretary shall require, with 
     respect to any single family or multifamily residential 
     housing subject to a mortgage insured under this Act, that 
     any approval or certification of the housing for meeting any 
     energy efficiency or conservation criteria, standards, or 
     requirements pursuant to this title and any approval or 
     certification required pursuant to this title with respect to 
     energy conserving improvements or any renewable energy 
     sources, such as wind, solar energy, geothermal, or biomass, 
     shall be conducted only by an individual certified by a home 
     energy rating system provider that has been accredited to 
     conduct such ratings by the Home Energy Ratings System 
     Council, the Residential Energy Services Network, or such 
     other appropriate national organization, as the Secretary may 
     provide, or by a licensed professional architect or engineer 
     that has been accredited as a LEED Accredited Professional by 
     the Green Building Certification Institute. If any 
     organization makes a request to the Secretary for approval to 
     accredit individuals to conduct energy efficiency or 
     conservation ratings, the Secretary shall review and approve 
     or disapprove such request not later than 6 months after 
     receipt of such request.
       ``(3) Listing.--Each regional office of the Department of 
     Housing and Urban Development shall maintain a list of 
     individuals certified by a home energy rating system provider 
     that has been accredited to conduct such ratings by the Home 
     Energy Ratings System Council, the Residential Energy 
     Services Network, or such other appropriate national 
     organizations or professionals as the Secretary may 
     designate. Such list shall indicate that home energy rating 
     system providers accredited by the Residential Energy 
     Services Network are preferred by the Department of Housing 
     and Urban Development.
       ``(4) Periodic examination of method.--The Secretary shall 
     periodically examine the method used to conduct inspections 
     for compliance with the requirements under this section, 
     analyze various other approaches for conducting such 
     inspections, and review the costs and benefits of the current 
     method compared with other methods.''; and
       (2) in subsection (b)--
       (A) by striking ``, other than a manufactured home,''; and
       (B) by striking ``(b) The'' and inserting the following:
       ``(b) Health and Safety.--The''.

     SEC. 814. ASSISTED HOUSING ENERGY LOAN PILOT PROGRAM.

       (a) Authority.--Not later than 12 months after the date of 
     enactment of this title, the Secretary shall develop and 
     implement a pilot program to facilitate the financing of 
     cost-effective capital improvements for covered assisted 
     housing projects to improve the energy efficiency and 
     conservation of such projects.
       (b) Number of Lenders.--The pilot program under this 
     section shall involve not less than 3 and not more than 5 
     lenders.
       (c) Loans.--The pilot program under this section shall 
     provide for a privately financed loan to be made for a 
     covered assisted housing project that--
       (1) finances capital improvements for the project that meet 
     such requirements as the Secretary shall establish, and may 
     involve contracts with third parties to perform such capital 
     improvements, including the design of such improvements by 
     licensed professional architects or engineers;
       (2) has a term to maturity that is--
       (A) not more than 20 years; and
       (B) necessary to realize cost savings sufficient to repay 
     such loan;
       (3) is secured by a mortgage subordinate to the mortgage 
     for the project that is insured under title II of the 
     National Housing Act; and
       (4) provides for a reduction in the remaining principal 
     obligation under the loan based on the actual cost savings 
     realized from the capital improvements financed with the 
     loan.
       (d) Underwriting Standards.--The Secretary shall establish 
     underwriting requirements for loans made under the pilot 
     program under this section, which shall--
       (1) require the cost savings projected to be realized from 
     the capital improvements financed with the loan, during the 
     term of the loan, to exceed the costs of repaying the loan;
       (2) allow the designer or contractor involved in designing 
     capital improvements to be financed with a loan under the 
     program to carry out such capital improvements; and
       (3) include such energy, audit, property, financial, 
     ownership, and approval requirements as the Secretary 
     considers appropriate.
       (e) Treatment of Savings.--The pilot program under this 
     section shall provide that the financial benefit from any 
     reduction in the cost of utilities resulting from capital 
     improvements financed with a loan made under the program 
     shall be shared between the project owner and the tenants in 
     accordance with an appropriate ratio, as determined by the 
     Secretary.
       (f) Covered Assisted Housing Projects.--For purposes of 
     this section, the term ``covered assisted housing project'' 
     means a housing project that--
       (1) is financed by a loan or mortgage that is--
       (A) insured by the Secretary under paragraph (3) or (4) of 
     section 221(d) of the National Housing Act (12 U.S.C. 
     1715l(d)), and bears interest at a rate determined under the 
     proviso of section 221(d)(5) of such Act; or
       (B) insured or assisted under section 236 of the National 
     Housing Act (12 U.S.C. 1715z-1);
       (2) at the time a loan under this section is made, is 
     provided project-based rental assistance under section 8 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437f) for 
     50 percent or more of the dwelling units in the project; and
       (3) is not a housing project owned or held by the 
     Secretary, or subject to a mortgage held by the Secretary.

[[Page S964]]

     SEC. 815. HOPE VI GREEN DEVELOPMENTS REQUIREMENT.

       (a) Mandatory Component.--Section 24(e) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437v(e)) is amended by 
     adding at the end the following:
       ``(4) Green developments requirement.--
       ``(A) Requirement.--The Secretary may not make a grant 
     under this section to an applicant unless the proposed 
     revitalization plan of the applicant to be carried out with 
     such grant amounts meets the following requirements:
       ``(i) Residential construction.--All residential 
     construction under the proposed plan complies with--

       ``(I) all mandatory items of the national Green Communities 
     criteria checklist for residential construction and 
     rehabilitation and such nonmandatory items of such checklist 
     as are necessary for a residential construction to receive--

       ``(aa) 25 points, in the case of any proposed plan (or 
     portion thereof) consisting of new construction; and
       ``(bb) 20 points, in the case of any proposed plan (or 
     portion thereof) consisting of rehabilitation; or

       ``(II) a substantially equivalent standard, as determined 
     by the Secretary.

       ``(ii) Nonresidential construction.--All nonresidential 
     construction under the proposed plan complies with all 
     minimum required levels of the green building rating systems 
     and levels identified by the Secretary pursuant to 
     subparagraph (C), as such systems and levels are in effect at 
     the time of the application for the grant.
       ``(B) Verification.--
       ``(i) In general.--The Secretary shall verify, or provide 
     for verification sufficient to ensure, that each 
     revitalization plan carried out with amounts from a grant 
     under this section complies with the requirements under 
     subparagraph (A).
       ``(ii) Timing.--In providing for such verification, the 
     Secretary shall establish procedures to ensure such 
     compliance with respect to each grantee, and shall submit a 
     report to Congress with respect to the compliance of each 
     grantee--

       ``(I) not later than 6 months after execution of the grant 
     agreement under this section for the grantee; and
       ``(II) on completion of the revitalization plan of the 
     grantee.

       ``(C) Identification of green buildings rating systems and 
     levels.--
       ``(i) In general.--For purposes of this paragraph, the 
     Secretary, in consultation with the Secretary of Energy, 
     shall identify rating systems and levels for green buildings 
     that the Secretary determines to be the most likely to 
     encourage a comprehensive and environmentally sound approach 
     to ratings and standards for green buildings.
       ``(ii) Criteria.--In identifying the green rating systems 
     and levels under clause (i), the Secretary shall take into 
     consideration--

       ``(I) the ability and availability of assessors and 
     auditors to independently verify the criteria and measurement 
     of metrics at the scale necessary to implement this 
     paragraph;
       ``(II) the ability of the applicable ratings system 
     organizations to collect and reflect public comment;
       ``(III) the ability of the standards to be developed and 
     revised through a consensus-based process;
       ``(IV) an evaluation of the robustness of the criteria for 
     a high-performance green building, which shall give credit 
     for promoting--

       ``(aa) efficient and sustainable use of water, energy, and 
     other natural resources;
       ``(bb) use of renewable energy sources;
       ``(cc) improved indoor and outdoor environmental quality 
     through enhanced indoor and outdoor air quality, thermal 
     comfort, acoustics, outdoor noise pollution, day lighting, 
     pollutant source control, sustainable landscaping, and use of 
     building system controls and low- or no-emission materials, 
     including preference for materials with no added carcinogens 
     that are classified as Group 1 Known Carcinogens by the 
     International Agency for Research on Cancer; and
       ``(dd) such other criteria as the Secretary determines to 
     be appropriate; and

       ``(V) national recognition within the building industry.

       ``(iii) Five-year evaluation.--At least once every 5 years, 
     the Secretary shall conduct a study to evaluate and compare 
     available third party green building rating systems and 
     levels, taking into account the criteria listed in clause 
     (ii).
       ``(iv) Review and update.--Within 90 days of the completion 
     of each study required by clause (iii), the Secretary shall 
     review and update the rating systems and levels, or identify 
     alternative systems and levels for purposes of this 
     paragraph, taking into account the conclusions of such study.
       ``(D) Applicability and updating of standards.--
       ``(i) Applicability.--Except as provided in clause (ii), 
     the national Green Communities criteria checklist and green 
     building rating systems and levels referred to in 
     subparagraph (A) that are in effect for purposes of this 
     paragraph are such checklist systems and levels as in 
     existence on the date of enactment of the Energy Efficiency 
     in Housing Act of 2010.
       ``(ii) Updating.--The Secretary may, by regulation, adopt 
     and apply for purposes of this paragraph, future amendments 
     and supplements to, and editions of, the national Green 
     Communities criteria checklist, any standard or standards 
     that the Secretary has determined to be substantially 
     equivalent to such checklist, and the green building ratings 
     systems and levels identified by the Secretary pursuant to 
     subparagraph (C).''.
       (b) Selection Criteria; Graded Component.--Section 24(e)(2) 
     of the United States Housing Act of 1937 (42 U.S.C. 
     1437v(e)(2)) is amended--
       (1) in subparagraph (K), by striking ``and'' at the end;
       (2) by redesignating subparagraph (L) as subparagraph (M); 
     and
       (3) by inserting after subparagraph (K) the following:
       ``(L) the extent to which the proposed revitalization 
     plan--
       ``(i) in the case of residential construction, complies 
     with the nonmandatory items of the national Green Communities 
     criteria checklist identified in paragraph (4)(A)(i), or any 
     substantially equivalent standard or standards as determined 
     by the Secretary, but only to the extent such compliance 
     exceeds the compliance necessary to accumulate the number of 
     points required under such paragraph; and
       ``(ii) in the case of nonresidential construction, complies 
     with the components of the green building rating systems and 
     levels identified by the Secretary pursuant to paragraph 
     (4)(C), but only to the extent such compliance exceeds the 
     minimum level required under such systems and levels; and''.

     SEC. 816. CONSIDERATION OF ENERGY EFFICIENCY IMPROVEMENTS IN 
                   APPRAISALS.

       (a) Appraisals in Connection With Federally Related 
     Transactions.--
       (1) Requirement.--Section 1110 of the Financial 
     Institutions Reform, Recovery, and Enforcement Act of 1989 
     (12 U.S.C. 3339) is amended--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following:
       ``(2) that such appraisals be performed in accordance with 
     appraisal standards that require, in determining the value of 
     a property, consideration of the ongoing utility savings and 
     increased value from the savings that result from--
       ``(A) any renewable energy sources for the property; or
       ``(B) energy efficiency or energy conserving improvements 
     or features of the property; and''.
       (2) Revision of appraisal standards.--Each Federal 
     financial institution regulatory agency shall, not later than 
     6 months after the date of enactment of this title, revise 
     its standards for the performance of real estate appraisals 
     in connection with federally related transactions under the 
     jurisdiction of the agency to comply with the requirement 
     under the amendments made by paragraph (1).
       (b) Appraiser Certification and Licensing Requirements.--
     Section 1116 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3345) is amended--
       (1) in subsection (a), by inserting before the period at 
     the end the following: ``and meets the requirements 
     established pursuant to subsection (f) for qualifications 
     regarding consideration of any renewable energy sources for, 
     or energy efficiency or energy conserving improvements or 
     features of, the property'';
       (2) in subsection (c), by inserting before the period at 
     the end the following: ``, which shall include compliance 
     with the requirements established pursuant to subsection (f) 
     regarding consideration of any renewable energy sources for, 
     or energy efficiency or energy conserving improvements or 
     features of, the property'';
       (3) in subsection (e), by striking ``The'' and inserting 
     ``Except as provided in subsection (f), the''; and
       (4) by adding at the end the following:
       ``(f) Requirements for Appraisers Regarding Energy 
     Efficiency Features.--The Appraisal Subcommittee shall 
     establish requirements for State certification of State 
     certified real estate appraisers and for State licensing of 
     State licensed appraisers, to ensure that appraisers consider 
     and are qualified to consider, in determining the value of a 
     property, any renewable energy sources for, or energy 
     efficiency or energy conserving improvements or features of, 
     the property.''.
       (c) Guidelines for Appraising Photovoltaic and Solar 
     Thermal Measures and Training of Appraisers.--Section 1122 of 
     the Financial Institutions Reform, Recovery, and Enforcement 
     Act of 1989 (12 U.S.C. 3351) is amended by adding at the end 
     the following:
       ``(g) Guidelines for Appraising Photovoltaic and Solar 
     Thermal Measures and Training of Appraisers.--The Appraisal 
     Subcommittee shall, in consultation with the Secretary of 
     Housing and Urban Development, the Federal National Mortgage 
     Association, and the Federal Home Loan Mortgage Corporation, 
     establish specific guidelines for--
       ``(1) appraising off- and on-grid photovoltaic and solar 
     thermal measures for compliance with the appraisal standards 
     prescribed pursuant to section 1110(2);
       ``(2) requirements under section 1116(f) for certification 
     of State certified real estate appraisers and for State 
     licensing of State licensed appraisers, to ensure that 
     appraisers consider, and are qualified to consider, such 
     photovoltaic and solar thermal measures in determining the 
     value of a property; and

[[Page S965]]

       ``(3) training of appraisers to meet the requirements 
     established pursuant to paragraph (2) of this subsection.''.

     SEC. 817. ADDITIONAL REQUIREMENTS FOR THE HOUSING ASSISTANCE 
                   COUNCIL.

       The Secretary shall require the Housing Assistance 
     Council--
       (1) to encourage each organization that receives assistance 
     from the Council with any amounts made available from the 
     Secretary to provide that any structure or building developed 
     or assisted under projects, programs, and activities funded 
     with such amounts complies with enhanced energy efficiency 
     standards; and
       (2) to establish incentives to encourage each such 
     organization to provide that any such structure or building 
     complies with enhanced energy efficiency standards.

     SEC. 818. RURAL HOUSING AND ECONOMIC DEVELOPMENT ASSISTANCE.

       The Secretary shall--
       (1) encourage each tribe, agency, organization, 
     corporation, and other entity that receives any assistance 
     from the Office of Rural Housing and Economic Development of 
     the Department of Housing and Urban Development to provide 
     that any structure or building developed or assisted under 
     activities funded with such amounts complies with minimum 
     energy efficiency standards; and
       (2) establish incentives to encourage each such tribe, 
     agency, organization, corporation, and other entity to 
     provide that any such structure or building comply with 
     enhanced energy efficiency standards.

     SEC. 819. REVOLVING FUND FOR LOANS TO STATES AND INDIAN 
                   TRIBES TO CARRY OUT RENEWABLE ENERGY SOURCES 
                   ACTIVITIES.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a revolving fund, to be known 
     as the ``Alternative Energy Sources State Revolving Fund''.
       (b) Credits.--The Fund shall be credited with--
       (1) any amounts appropriated to the Fund pursuant to 
     subsection (g);
       (2) any amounts of principal and interest from loan 
     repayments received by the Secretary pursuant to subsection 
     (d)(7); and
       (3) any interest earned on investments of amounts in the 
     Fund pursuant to subsection (e).
       (c) Expenditures.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Secretary, the Secretary of the Treasury shall transfer 
     from the Fund to the Secretary such amounts as the Secretary 
     determines are necessary to provide loans under subsection 
     (d)(1).
       (2) Administrative expenses.--Of the amounts in the Fund, 
     not more than 5 percent shall be available for each fiscal 
     year to pay the administrative expenses of the Department of 
     Housing and Urban Development to carry out this section.
       (d) Loans to States and Indian Tribes.--
       (1) In general.--The Secretary shall use amounts in the 
     Fund to provide loans to States and Indian tribes to provide 
     incentives to owners of single family and multifamily 
     housing, commercial properties, and public buildings to 
     provide--
       (A) renewable energy sources for such structures, such as 
     wind, wave, solar, biomass, or geothermal energy sources, 
     including incentives to companies and businesses to change 
     their source of energy to such renewable energy sources and 
     for changing the sources of energy for public buildings to 
     such renewable energy sources;
       (B) energy efficiency and energy conserving improvements 
     and features for such structures; or
       (C) infrastructure related to the delivery of electricity 
     and hot water for structures lacking such amenities.
       (2) Eligibility.--To be eligible to receive a loan under 
     this subsection, a State or Indian tribe, directly or through 
     an appropriate State or tribal agency, shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       (3) Criteria for approval.--The Secretary may approve an 
     application of a State or Indian tribe under paragraph (2) 
     only if the Secretary determines that the State or tribe will 
     use the funds from the loan under this subsection to carry 
     out a program to provide incentives described in paragraph 
     (1) that--
       (A) requires that any such renewable energy sources, and 
     energy efficiency and energy conserving improvements and 
     features, developed pursuant to assistance under the program 
     result in compliance of the structure so improved with 
     minimum energy efficiency standards; and
       (B) includes such compliance and audit requirements as the 
     Secretary determines are necessary to ensure that the program 
     is operated in a sound and effective manner.
       (4) Preference.--In making loans during each fiscal year, 
     the Secretary shall give preference to States and Indian 
     tribes that have not previously received a loan under this 
     subsection.
       (5) Maximum amount.--The aggregate outstanding principal 
     amount from loans under this subsection to any single State 
     or Indian tribe may not exceed $500,000,000.
       (6) Loan terms.--Each loan under this subsection shall have 
     a term to maturity of not more than 10 years and shall bear 
     interest at an annual rate, determined by the Secretary, that 
     shall not exceed the interest rate charged by the Federal 
     Reserve Bank of New York to commercial banks and other 
     depository institutions for very short-term loans under the 
     primary credit program, as 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, preceding the date of a determination for purposes 
     of applying this paragraph.
       (7) Loan repayment.--The Secretary shall require full 
     repayment of each loan made under this section.
       (e) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such amounts in the Fund that are not, in the judgment of the 
     Secretary of the Treasury, required to meet needs for current 
     withdrawals.
       (2) Obligations of united states.--Investments may be made 
     only in interest-bearing obligations of the United States.
       (f) Reports.--
       (1) Reports to secretary.--For each year during the term of 
     a loan made under subsection (d), the State or Indian tribe 
     that received the loan shall submit to the Secretary a report 
     describing the State or tribal alternative energy sources 
     program for which the loan was made and the activities 
     conducted under the program using the loan funds during that 
     year.
       (2) Report to congress.--Not later than September 30 of 
     each year that loans made under subsection (d) are 
     outstanding, the Secretary shall submit a report to Congress 
     describing the total amount of such loans provided under 
     subsection (d) to each eligible State and Indian tribe during 
     the fiscal year ending on such date, and an evaluation on 
     effectiveness of the Fund.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Fund $5,000,000,000.
       (h) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given such term in section 4 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103).
       (2) State.--The term ``State'' means each of the several 
     States, the Commonwealth of Puerto Rico, the District of 
     Columbia, the Commonwealth of the Northern Mariana Islands, 
     Guam, the Virgin Islands, American Samoa, the Trust 
     Territories of the Pacific, or any other possession of the 
     United States.

     SEC. 820. COMPETITIVE GRANT PROGRAM TO INCREASE SUSTAINABLE 
                   LOW-INCOME COMMUNITY DEVELOPMENT CAPACITY.

       (a) Definitions.--In this section:
       (1) Eligible community development organization.--The term 
     ``eligible community development organization'' means--
       (A) a unit of general local government, as that term is 
     defined in section 104 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 12704));
       (B) a community housing development organization, as that 
     term is defined in section 104 of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 12704));
       (C) an Indian tribe or tribally designated housing entity, 
     as those terms are defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103)); and
       (D) a public housing agency, as that term is defined in 
     section 3(b) of the United States Housing Act of 1937 (42 
     U.S.C. 1437(b)).
       (2) Low-income community.--The term ``low-income 
     community'' means a census tract in which 50 percent or more 
     of the households have an annual income that is less than 80 
     percent of the greater of--
       (A) the median gross income for that year for the area in 
     which the census tract is located; or
       (B) the median gross income for that year for the State in 
     which the census tract is located.
       (3) Nonprofit organization.--The term ``nonprofit 
     organization'' has the same meaning as in section 104 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12704).
       (b) Program Established.--The Secretary shall establish a 
     competitive grant program to make grants to nonprofit 
     organizations to--
       (1) carry out a project described in subsection (c);
       (2) train, educate, support, or advise an eligible 
     community development organization that carries out a project 
     described in subsection (c);
       (3) provide planning and design assistance to eligible 
     community development organizations;
       (4) make loans or grants to eligible community development 
     organizations; or
       (5) carry out other activities consistent with this 
     section, as the Secretary determines appropriate.
       (c) Projects.--The projects described in this subsection 
     are projects--
       (1) that take into consideration minimum energy efficiency 
     standards, enhanced energy efficiency standards, and green 
     building standards; and
       (2) that--
       (A) improve the energy efficiency of residential and 
     nonresidential structures;
       (B) promote resource conservation and reuse;
       (C) include design strategies to maximize the energy 
     efficiency of residential and nonresidential structures;
       (D) install or construct renewable energy improvements for 
     residential and nonresidential structures, including wind, 
     wave, solar, biomass, and geothermal energy sources; or

[[Page S966]]

       (E) promote the effective use of existing infrastructure in 
     affordable housing and economic development activities in 
     low-income communities.
       (d) Priority.--In making grants under this section, the 
     Secretary shall give priority to activities that will result 
     in compliance with minimum energy efficiency standards, 
     enhanced energy efficiency standards, and green building 
     standards.
       (e) Application.--A nonprofit organization that desires a 
     grant under this section shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       (f) Award of Contracts.--Any contract for architectural or 
     engineering services that is funded with amounts from grants 
     made under this section shall be awarded in accordance with 
     chapter 11 of title 40, United States Code (relating to 
     selection of architects and engineers).
       (g) Federal Share.--
       (1) Amount of federal share.--The Federal share of the cost 
     of a project under this section may not exceed 50 percent.
       (2) Form of non-federal share.--The non-Federal share of 
     the cost of a project under this section may be in cash or 
     in-kind.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to carry out this section.

     SEC. 821. INSURANCE COVERAGE FOR LOANS FOR FINANCING OF 
                   RENEWABLE ENERGY SYSTEMS LEASED FOR RESIDENTIAL 
                   USE.

       (a) Purposes.--The purposes of this section are--
       (1) to encourage residential use of renewable energy 
     systems by minimizing upfront costs and providing immediate 
     utility cost savings to consumers through leasing of such 
     systems to homeowners;
       (2) to reduce carbon emissions and the use of nonrenewable 
     resources;
       (3) to encourage energy efficient residential construction 
     and rehabilitation;
       (4) to encourage the use of renewable resources by 
     homeowners;
       (5) to minimize the impact of development on the 
     environment;
       (6) to reduce consumer utility costs; and
       (7) to encourage private investment in the green economy.
       (b) Definitions.--As used in this section, the following 
     definitions shall apply:
       (1) Authorized renewable energy lender.--The term 
     ``authorized renewable energy lender'' means a lender 
     authorized by the Secretary to make a loan under this 
     section.
       (2) Renewable energy system lease.--The term ``renewable 
     system energy lease'' means an agreement between an 
     authorized renewable energy system owner and a homeowner for 
     a term of not less than 5 years, pursuant to which the 
     homeowner--
       (A) grants an easement to such renewable energy system 
     owner to install, maintain, use, and otherwise access the 
     renewable energy system; and
       (B) agrees to--
       (i) lease the use of such system from such renewable energy 
     system owner; or
       (ii) purchase electric power from such renewable energy 
     system owner.
       (3) Renewable energy manufacturer.--The term ``renewable 
     energy manufacturer'' means a manufacturer of renewable 
     energy systems.
       (4) Renewable energy system owner.--The term ``renewable 
     energy system owner'' means a homebuilder, a manufacturer or 
     installer of a renewable energy system, or any other person, 
     as determined by the Secretary.
       (5) Renewable energy system.--The term ``renewable energy 
     system'' means a system of energy derived from--
       (A) a wind, solar (including photovoltaic and solar 
     thermal), biomass (including biodiesel), or geothermal 
     source; or
       (B) hydrogen derived from biomass or water using an energy 
     source described in subparagraph (A).
       (c) Authority.--
       (1) In general.--The Secretary may, upon application by an 
     authorized renewable energy system owner, insure or make a 
     commitment to insure a loan made by an authorized renewable 
     energy lender to a renewable energy system owner to finance 
     the acquisition of a renewable energy system for lease to a 
     homeowner for use at the residence of such homeowner.
       (2) Terms and conditions.--The Secretary may prescribe such 
     terms and conditions for insurance under paragraph (1) as are 
     consistent with the purposes of this section.
       (d) Limitation on Principal Amount.--
       (1) Limitation.--The principal amount of a loan insured 
     under this section shall not exceed the residual value of the 
     renewable energy system to be acquired with the loan.
       (2) Residual value.--For purposes of this subsection--
       (A) the residual value of a renewable energy system is the 
     fair market value of the future revenue stream from the sale 
     of the expected remaining electricity production from the 
     system, pursuant to the easement granted in accordance with 
     subsection (e); and
       (B) the fair market value of the future revenue stream for 
     each year of the remaining life of the renewable energy 
     system shall be determined based on the net present value of 
     the power output production warranty for such renewable 
     energy system provided by the renewable energy manufacturer 
     and the forecast of regional residential electricity prices 
     made by the Energy Information Administration of the 
     Department of Energy.
       (e) Easement.--The Secretary may not insure a loan under 
     this section unless the renewable energy system owner 
     certifies, in accordance with such requirements as the 
     Secretary shall establish, consistent with the purposes of 
     this section, that the systems financed will be leased only 
     to homeowners that grant easements to install, maintain, use, 
     and otherwise access the system that include the right to 
     sell electricity produced during the life of the renewable 
     energy system to a wholesale or retail electrical power grid.
       (f) Discount or Prepayment.--To encourage the use of 
     renewable energy systems, the Secretary shall ensure that a 
     discount given to a homeowner by a renewable energy system 
     owner or other investor or prepayment of a renewable energy 
     system lease by a renewable energy system owner does not 
     adversely affect the mortgage requirements of such homeowner.
       (g) Eligibility of Lenders.--The Secretary may not insure a 
     loan under this section unless the lender making the loan--
       (1) is an institution that--
       (A) qualifies as a green banking center under section 8(x) 
     of the Federal Deposit Insurance Act (12 U.S.C. 1818(x)) or 
     section 206(x) of the Federal Credit Union Act (12 U.S.C. 
     1786(x)); or
       (B) meets such other requirements as the Secretary shall 
     establish for participation of renewable energy lenders in 
     the program under this section; and
       (2) meets such qualifications as the Secretary shall 
     establish for all lenders for participation in the program 
     under this section.
       (h) Certificate of Insurance.--
       (1) In general.--The Secretary shall issue to a lender that 
     is insured under this section a certificate that serves as 
     evidence of insurance coverage under this section.
       (2) Contents of certificate.--The certificate required 
     under paragraph (1) shall set forth the fair market value of 
     the future revenue stream for each year of the remaining life 
     of the renewable energy system.
       (3) Full faith and credit.--The certificate required under 
     paragraph (1) shall be backed by the full faith and credit of 
     the United States.
       (i) Payment of Insurance Claim.--
       (1) Filing of claim.--The Secretary shall provide for the 
     filing of claims for insurance under this section and the 
     payment of such claims.
       (2) Payment of claim.--A claim under paragraph (1) may be 
     paid only upon a default under the loan insured under this 
     section and the assignment, transfer, and delivery to the 
     Secretary of--
       (A) all rights and interests arising under the loan; and
       (B) all claims of the lender or the assigns of the lender 
     against the borrower or others arising under the loan 
     transaction.
       (3) Lien.--
       (A) In general.--Upon payment of a claim for insurance of a 
     loan under this section, the Secretary shall hold a lien on 
     the underlying renewable energy system assets and any 
     associated revenue stream from the use of such system, which 
     shall be superior to all other liens on such assets.
       (B) Residual value.--The residual value of such renewable 
     energy system and the revenue stream from the use of such 
     system shall be not less than the unpaid balance of the loan 
     amount covered by the certificate of insurance.
       (C) Revenue from sale.--The Secretary shall be entitled to 
     any revenue generated by such renewable energy system from 
     selling electricity to the grid when an insurance claim has 
     been paid out.
       (j) Assignment and Transferability of Insurance.--A 
     renewable energy system owner or an authorized renewable 
     energy lender that is insured under this section may assign 
     or transfer the insurance in whole or in part, to another 
     owner or lender, subject to such requirements as the 
     Secretary may prescribe.
       (k) Premiums and Charges.--
       (1) Insurance premiums.--
       (A) In general.--The Secretary shall fix and collect 
     premiums for insurance of loans under this section, that 
     shall be paid by the applicant renewable energy system owner 
     at the time of issuance of the certificate of insurance to 
     the lender and shall be adequate, in the determination of the 
     Secretary, to cover the expenses and probable losses of 
     administering the program under this section.
       (B) Deposit of premium.--The Secretary shall deposit any 
     premiums collected under this subsection in the Renewable 
     Energy Lease Insurance Fund established under subsection (l).
       (2) Prohibition on other charges.--Except as provided in 
     paragraph (1), the Secretary may not assess any other fee 
     (including a user fee), insurance premium, or charge in 
     connection with loan insurance provided under this section.
       (l) Renewable Energy Lease Insurance Fund.--
       (1) Fund established.--There is established in the Treasury 
     of the United States the Renewable Energy Lease Insurance 
     Fund (referred to in this subsection as the ``Fund''), which 
     shall be available to the Secretary without fiscal year 
     limitation, for the purpose of providing insurance under this 
     section.
       (2) Credits.--The Fund shall be credited with any premiums 
     collected under subsection (k)(1), any amounts collected by 
     the

[[Page S967]]

     Secretary under subsection (i)(3), and any associated 
     interest or earnings.
       (3) Availability.--Amounts in the Fund shall be available 
     to the Secretary for fulfilling any obligations with respect 
     to insurance for loans provided under this section and paying 
     administrative expenses in connection with this section.
       (4) Excess amounts.--The Secretary may invest in 
     obligations of the United States any amounts in the Fund 
     determined by the Secretary to be in excess of amounts 
     required at the time of such determination to carry out this 
     section.
       (m) Regulations.--
       (1) In general.--The Secretary shall issue such regulations 
     as may be necessary to carry out this section.
       (2) Timing.--Not later than 180 days after the date of 
     enactment of this title, the Secretary shall issue interim or 
     final regulations.
       (n) Ineligibility for Purchase by Federal Financing Bank.--
     Notwithstanding any other provision of law, no debt 
     obligation that is insured or committed to be insured by the 
     Secretary under this section shall be subject to the Federal 
     Financing Bank Act of 1973 (12 U.S.C. 2281 et seq.).
       (o) Termination of Authority.--The authority of the 
     Secretary to insure and make commitments to insure new loans 
     under this title shall terminate 10 years after the date of 
     enactment of this title.

     SEC. 822. GREEN BANKING CENTERS.

       (a) Insured Depository Institutions.--Section 8 of the 
     Federal Deposit Insurance Act (12 U.S.C. 1818) is amended by 
     adding at the end the following:
       ``(x) Green Banking Centers.--
       ``(1) In general.--The Federal banking agencies shall 
     prescribe guidelines encouraging the establishment and 
     maintenance of green banking centers by insured depository 
     institutions to provide any consumer who seeks information on 
     obtaining a mortgage, home improvement loan, or home equity 
     loan with additional information on--
       ``(A) obtaining a home energy rating or audit for the 
     residence for which such mortgage or loan is sought;
       ``(B) obtaining financing for cost-effective energy-saving 
     improvements to such property; and
       ``(C) obtaining beneficial terms for any mortgage or loan, 
     or qualifying for a larger mortgage or loan, secured by a 
     residence which meets or will meet energy efficiency 
     standards.
       ``(2) Information and referrals.--The information made 
     available to consumers under paragraph (1) may include--
       ``(A) information on obtaining a home energy rating and 
     contact information on qualified energy raters in the area of 
     the residence;
       ``(B) information on the secondary market guidelines that 
     permit lenders to provide more favorable terms by allowing 
     lenders to increase the ratio on debt-to-income requirements 
     or to use the projected utility savings as a compensating 
     factor;
       ``(C) information including eligibility information about, 
     and contact information for, any conservation or renewable 
     energy programs, grants, or loans offered by the Secretary of 
     Housing and Urban Development, including the Energy Efficient 
     Mortgage Program;
       ``(D) information including eligibility information about, 
     and contact information for, any conservation or renewable 
     energy programs, grants, or loans offered for qualified 
     military personal, reservists, and veterans by the Secretary 
     of Veterans Affairs;
       ``(E) information about, and contact information for, the 
     Office of Efficiency and Renewable Energy at the Department 
     of Energy, including the weatherization assistance program;
       ``(F) information about, and contact information for, the 
     Energy Star Program of the Environmental Protection Agency;
       ``(G) information from, and contact information for, the 
     Federal Citizen Information Center of the General Services 
     Administration on energy efficient mortgages and loans, home 
     energy rating systems, and the availability of energy 
     efficient mortgage information from a variety of Federal 
     agencies; and
       ``(H) such other information as the agencies or the insured 
     depository institution may determine to be appropriate or 
     useful.''.
       (b) Insured Credit Unions.--Section 206 of the Federal 
     Credit Union Act (12 U.S.C. 1786) is amended by adding at the 
     end the following:
       ``(x) Green Banking Centers.--
       ``(1) In general.--The Board shall prescribe guidelines 
     encouraging the establishment and maintenance of green 
     banking centers by insured credit unions to provide any 
     member who seeks information on obtaining a mortgage, home 
     improvement loan, or home equity loan with additional 
     information on--
       ``(A) obtaining a home energy rating or audit for the 
     residence for which such mortgage or loan is sought;
       ``(B) obtaining financing for cost-effective energy-saving 
     improvements to such property; and
       ``(C) obtaining beneficial terms for any mortgage or loan, 
     or qualifying for a larger mortgage or loan, secured by a 
     residence which meets or will meet energy efficiency 
     standards.
       ``(2) Information and referrals.--The information made 
     available to members under paragraph (1) may include--
       ``(A) information on obtaining a home energy rating and 
     contact information on qualified energy raters in the area of 
     the residence;
       ``(B) information on the secondary market guidelines that 
     permit lenders to provide more favorable terms by allowing 
     lenders to increase the ratio on debt-to-income requirements 
     or to use the projected utility savings as a compensating 
     factor;
       ``(C) information including eligibility information about, 
     and contact information for, any conservation or renewable 
     energy programs, grants, or loans offered by the Secretary of 
     Housing and Urban Development, including the Energy Efficient 
     Mortgage Program;
       ``(D) information including eligibility information about, 
     and contact information for, any conservation or renewable 
     energy programs, grants, or loans offered for qualified 
     military personnel, reservists, and veterans by the Secretary 
     of Veterans Affairs;
       ``(E) information about, and contact information for, the 
     Office of Efficiency and Renewable Energy at the Department 
     of Energy, including the weatherization assistance program;
       ``(F) information from, and contact information for, the 
     Federal Citizen Information Center of the General Services 
     Administration on energy efficient mortgages and loans, home 
     energy rating systems, and the availability of energy 
     efficient mortgage information from a variety of Federal 
     agencies;
       ``(G) information about incentives or financial products 
     that are available for projects that are consistent with or 
     certified under minimum energy efficiency standards, enhanced 
     efficiency standards, or green building standards, as those 
     terms are defined in section 803 of the Energy Efficiency in 
     Housing Act of 2010; and
       ``(H) such other information as the Board or the insured 
     credit union may determine to be appropriate or useful.''.

     SEC. 823. GAO REPORTS ON AVAILABILITY OF AFFORDABLE 
                   MORTGAGES.

       (a) Study.--The Comptroller General of the United States 
     shall periodically, as necessary to comply with subsection 
     (b), examine the impact of this title and the amendments made 
     by this title on the availability of affordable mortgages in 
     various areas throughout the United States, including cities 
     having older infrastructure and limited space for the 
     development of new housing.
       (b) Triennial Reports.--
       (1) Report required.--The Comptroller General shall submit 
     a report once every 3 years to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives.
       (2) Contents of report.--The report under paragraph (1) 
     shall include--
       (A) a detailed statement of the most recent findings 
     pursuant to subsection (a); and
       (B) if the Comptroller General finds that this title or the 
     amendments made by this title have directly or indirectly 
     resulted in consequences that limit the availability or 
     affordability of mortgages in any area or areas within the 
     United States, including any city having older infrastructure 
     and limited space for the development of new housing, any 
     recommendations for any additional actions at the Federal, 
     State, or local levels that the Comptroller General considers 
     necessary or appropriate to mitigate such effects.
       (3) Timing.--The first report under paragraph (1) shall be 
     submitted not later than 3 years after the date of enactment 
     of this title.

     SEC. 824. PUBLIC HOUSING ENERGY COST REPORT.

       (a) Collection of Information by HUD.--
       (1) In general.--The Secretary shall obtain from each 
     public housing agency, at such time as may be necessary to 
     comply with the reporting requirement under subsection (b), 
     information regarding the energy costs for public housing 
     administered or operated by the agency.
       (2) Type of information.--For each public housing agency, 
     such information shall include the monthly energy costs 
     associated with each separate building and development of the 
     agency, for the most recently completed 12-month period for 
     which such information is available, and such other 
     information as the Secretary determines is appropriate in 
     determining which public housing buildings and developments 
     are most in need of repairs and improvements to reduce energy 
     needs and costs and become more energy efficient.
       (b) Report.--Not later than 12 months after the date of 
     enactment of this title, the Secretary shall submit to 
     Congress a report setting forth the information collected 
     pursuant to subsection (a).
                                 ______
                                 
  SA 3355. Mr. BUNNING proposed an amendment to the bill H.R. 4691, to 
provide a temporary extension of certain programs, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Temporary Extension Act of 
     2010''.

     SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS.

       (a) In General.--(1) Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--

[[Page S968]]

       (A) by striking ``February 28, 2010'' each place it appears 
     and inserting ``April 5, 2010'';
       (B) in the heading for subsection (b)(2), by striking 
     ``february 28, 2010'' and inserting ``april 5, 2010''; and
       (C) in subsection (b)(3), by striking ``July 31, 2010'' and 
     inserting ``September 4, 2010''.
       (2) Section 2002(e) of the Assistance for Unemployed 
     Workers and Struggling Families Act, as contained in Public 
     Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended--
       (A) in paragraph (1)(B), by striking ``February 28, 2010'' 
     and inserting ``April 5, 2010'';
       (B) in the heading for paragraph (2), by striking 
     ``february 28, 2010'' and inserting ``april 5, 2010''; and
       (C) in paragraph (3), by striking ``August 31, 2010'' and 
     inserting ``October 5, 2010''.
       (3) Section 2005 of the Assistance for Unemployed Workers 
     and Struggling Families Act, as contained in Public Law 111-5 
     (26 U.S.C. 3304 note; 123 Stat. 444), is amended--
       (A) by striking ``February 28, 2010'' each place it appears 
     and inserting ``April 5, 2010''; and
       (B) in subsection (c), by striking ``July 31, 2010'' and 
     inserting ``September 4, 2010''.
       (4) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``July 31, 2010'' and inserting 
     ``September 4, 2010''.
       (b) Funding.--Section 4004(e)(1) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking ``1009'' and inserting 
     ``1009(a)(1)''; and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) the amendments made by section 2(a)(1) of the 
     Temporary Extension Act of 2010; and''.

     SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR 
                   COBRA BENEFITS.

       (a) Extension of Eligibility Period.--Subsection (a)(3)(A) 
     of section 3001 of division B of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5) is amended by 
     striking ``February 28, 2010'' and inserting ``March 31, 
     2010''.
       (b) Clarifications Relating to Section 3001 of ARRA.--
       (1) Clarification regarding cobra continuation resulting 
     from reductions in hours.--Subsection (a) of section 3001 of 
     division B of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5) is amended--
       (A) in paragraph (3)(C), by inserting before the period at 
     the end the following: ``or consists of a reduction of hours 
     followed by such an involuntary termination of employment 
     during such period (as described in paragraph (17)(C))''; and
       (B) by adding at the end the following:
       ``(17) Special rules in case of individuals losing coverage 
     because of a reduction of hours.--
       ``(A) New election period.--
       ``(i) In general.--For the purposes of the COBRA 
     continuation provisions, in the case of an individual 
     described in subparagraph (C) who did not make (or who made 
     and discontinued) an election of COBRA continuation coverage 
     on the basis of the reduction of hours of employment, the 
     involuntary termination of employment of such individual on 
     or after the date of the enactment of this paragraph shall be 
     treated as a qualifying event.
       ``(ii) Counting cobra duration period from previous 
     qualifying event.--In any case of an individual referred to 
     in clause (i), the period of such individual's continuation 
     coverage shall be determined as though the qualifying event 
     were the reduction of hours of employment.
       ``(iii) Construction.--Nothing in this paragraph shall be 
     construed as requiring an individual referred to in clause 
     (i) to make a payment for COBRA continuation coverage between 
     the reduction of hours and the involuntary termination of 
     employment.
       ``(iv) Preexisting conditions.--With respect to an 
     individual referred to in clause (i) who elects COBRA 
     continuation coverage pursuant to such clause, rules similar 
     to the rules in paragraph (4)(C) shall apply.
       ``(B) Notices.--In the case of an individual described in 
     subparagraph (C), the administrator of the group health plan 
     (or other entity) involved shall provide, during the 60-day 
     period beginning on the date of such individual's involuntary 
     termination of employment, an additional notification 
     described in paragraph (7)(A), including information on the 
     provisions of this paragraph. Rules similar to the rules of 
     paragraph (7) shall apply with respect to such notification.
       ``(C) Individuals described.--Individuals described in this 
     subparagraph are individuals who are assistance eligible 
     individuals on the basis of a qualifying event consisting of 
     a reduction of hours occurring during the period described in 
     paragraph (3)(A) followed by an involuntary termination of 
     employment insofar as such involuntary termination of 
     employment occurred on or after the date of the enactment of 
     this paragraph.''.
       (2) Codification of current interpretation.--Subsection 
     (a)(16) of such section is amended--
       (A) by striking clause (ii) of subparagraph (A) and 
     inserting the following:
       ``(ii) such individual pays, the amount of such premium, 
     after the application of paragraph (1)(A), by the latest of--

       ``(I) 60 days after the date of the enactment of this 
     paragraph,
       ``(II) 30 days after the date of provision of the 
     notification required under subparagraph (D)(ii), or
       ``(III) the end of the period described in section 
     4980B(f)(2)(B)(iii) of the Internal Revenue Code of 1986.''; 
     and

       (B) by striking subclause (I) of subparagraph (C)(i), and 
     inserting the following:

       ``(I) such assistance eligible individual experienced an 
     involuntary termination that was a qualifying event prior to 
     the date of enactment of the Department of Defense 
     Appropriations Act, 2010; and''.

       (3) Clarification of period of assistance.--Subsection 
     (a)(2)(A)(ii)(I) of such section is amended by striking ``of 
     the first month''.
       (4) Enforcement.--Subsection (a)(5) of such section is 
     amended by adding at the end the following: ``In addition to 
     civil actions that may be brought to enforce applicable 
     provisions of such Act or other laws, the appropriate 
     Secretary or an affected individual may bring a civil action 
     to enforce such determinations and for appropriate relief. In 
     addition, such Secretary may assess a penalty against a plan 
     sponsor or health insurance issuer of not more than $110 per 
     day for each failure to comply with such determination of 
     such Secretary after 10 days after the date of the plan 
     sponsor's or issuer's receipt of the determination.''.
       (5) Amendments relating to section 3001 of arra.--
       (A) Subsection (g)(9) of section 35 of the Internal Revenue 
     Code of 1986 is amended by striking ``section 3002(a) of the 
     Health Insurance Assistance for the Unemployed Act of 2009'' 
     and inserting ``section 3001(a) of title III of division B of 
     the American Recovery and Reinvestment Act of 2009''.
       (B) Section 139C of such Code is amended by striking 
     ``section 3002 of the Health Insurance Assistance for the 
     Unemployed Act of 2009'' and inserting ``section 3001 of 
     title III of division B of the American Recovery and 
     Reinvestment Act of 2009''.
       (C) Section 6432 of such Code is amended--
       (i) in subsection (a), by striking ``section 3002(a) of the 
     Health Insurance Assistance for the Unemployed Act of 2009'' 
     and inserting ``section 3001(a) of title III of division B of 
     the American Recovery and Reinvestment Act of 2009'';
       (ii) in subsection (c)(3), by striking ``section 
     3002(a)(1)(A) of such Act'' and inserting ``section 
     3001(a)(1)(A) of title III of division B of the American 
     Recovery and Reinvestment Act of 2009''; and
       (iii) by redesignating subsections (e) and (f) as 
     subsections (f) and (g), respectively, and inserting after 
     subsection (d) the following new subsection:
       ``(e) Employer Determination of Qualifying Event as 
     Involuntary Termination.--For purposes of this section, in 
     any case in which--
       ``(1) based on a reasonable interpretation of section 
     3001(a)(3)(C) of division B of the American Recovery and 
     Reinvestment Act of 2009 and administrative guidance 
     thereunder, an employer determines that the qualifying event 
     with respect to COBRA continuation coverage for an individual 
     was involuntary termination of a covered employee's 
     employment, and
       ``(2) the employer maintains supporting documentation of 
     the determination, including an attestation by the employer 
     of involuntary termination with respect to the covered 
     employee,
     the qualifying event for the individual shall be deemed to be 
     involuntary termination of the covered employee's 
     employment.''.
       (D) Subsection (a) of section 6720C of such Code is amended 
     by striking ``section 3002(a)(2)(C) of the Health Insurance 
     Assistance for the Unemployed Act of 2009'' and inserting 
     ``section 3001(a)(2)(C) of title III of division B of the 
     American Recovery and Reinvestment Act of 2009''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of section 
     3001 of division B of the American Recovery and Reinvestment 
     Act of 2009 to which they relate, except that--
       (1) the amendments made by subsection (b)(1) shall apply to 
     periods of coverage beginning after the date of the enactment 
     of this Act;
       (2) the amendments made by subsection (b)(2) shall take 
     effect as if included in the amendments made by section 1010 
     of division B of the Department of Defense Appropriations 
     Act, 2010; and
       (3) the amendments made by subsections (b)(3) and (b)(4) 
     shall take effect on the date of the enactment of this Act.

     SEC. 4. EXTENSION OF SURFACE TRANSPORTATION PROGRAMS.

       (a) In General.--Except as provided in subsection (b), for 
     purposes of the continued extension of surface transportation 
     programs and related authority to make expenditures from the 
     Highway Trust Fund and other trust funds under sections 157 
     through 162 of the Continuing Appropriations Resolution, 2010 
     (Public Law 111-68; 123 Stat. 2050), the date specified in 
     section 106(3) of that resolution (Public Law 111-68; 123 
     Stat. 2045) shall be deemed to be March 28, 2010.
       (b) Exception.--Subsection (a) shall not apply if an 
     extension of the programs and authorities described in that 
     subsection for a longer term than the extension contained in 
     the Continuing Appropriations Resolution, 2010 (Public Law 
     111-68; 123 Stat. 2050), is enacted before the date of 
     enactment of this Act.

[[Page S969]]

     SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE.

       Paragraph (10) of section 1848(d) of the Social Security 
     Act, as added by section 1011(a) of the Department of Defense 
     Appropriations Act, 2010 (Public Law 111-118), is amended--
       (1) in subparagraph (A), by striking ``February 28, 2010'' 
     and inserting ``March 31, 2010''; and
       (2) in subparagraph (B), by striking ``March 1, 2010'' and 
     inserting ``April 1, 2010''.

     SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS EXCEPTIONS 
                   PROCESS.

       Section 1833(g)(5) of the Social Security Act (42 U.S.C. 
     1395l(g)(5)) is amended by striking ``December 31, 2009'' and 
     inserting ``March 31, 2010''.

     SEC. 7. EXTENSION OF USE OF 2009 POVERTY GUIDELINES.

       Section 1012 of the Department of Defense Appropriations 
     Act, 2010 (Public Law 111-118) is amended by striking ``March 
     1, 2010'' and inserting ``March 31, 2010''.

     SEC. 8. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.

       Section 129 of the Continuing Appropriations Resolution, 
     2010 (Public Law 111-68), as amended by section 1005 of 
     Public Law 111-118, is further amended by striking ``by 
     substituting'' and all that follows through the period at the 
     end, and inserting ``by substituting March 28, 2010, for the 
     date specified in each such section.''.

     SEC. 9. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE PROGRAM.

       (a) In General.--Section 502(f) of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 153) is amended by striking ``February 28, 
     2010'' and inserting ``March 28, 2010''.
       (b) Appropriation.--There is appropriated, out of any funds 
     in the Treasury not otherwise appropriated, for an additional 
     amount for ``Small Business Administration - Business Loans 
     Program Account'', $60,000,000, to remain available through 
     March 28, 2010, for the cost of--
       (1) fee reductions and eliminations under section 501 of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 151) for loans guaranteed 
     under section 7(a) of the Small Business Act (15 U.S.C. 
     636(a)), title V of the Small Business Investment Act of 1958 
     (15 U.S.C. 695 et seq.), or section 502 of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 152), as amended by this section; and
       (2) loan guarantees under section 502 of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 152), as amended by this section,
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974.

     SEC. 10. SATELLITE TELEVISION EXTENSION.

       (a) Amendments to Section 119 of Title 17, United States 
     Code.--
       (1) In general.--Section 119 of title 17, United States 
     Code, is amended--
       (A) in subsection (c)(1)(E), by striking ``February 28, 
     2010'' and inserting ``March 28, 2010''; and
       (B) in subsection (e), by striking ``February 28, 2010'' 
     and inserting ``March 28, 2010''.
       (2) Termination of license.--Section 1003(a)(2)(A) of 
     Public Law 111-118 is amended by striking ``February 28, 
     2010'', and inserting ``March 28, 2010''.
       (b) Amendments to Communications Act of 1934.--Section 
     325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) 
     is amended--
       (1) in paragraph (2)(C), by striking ``February 28, 2010'' 
     and inserting ``March 28, 2010''; and
       (2) in paragraph (3)(C), by striking ``March 1, 2010'' each 
     place it appears in clauses (ii) and (iii) and inserting 
     ``March 29, 2010''.

     SEC. 11. EXCLUSION OF UNPROCESSED FUELS FROM THE CELLULOSIC 
                   BIOFUEL PRODUCER CREDIT.

       (a) In General.--Subparagraph (E) of section 40(b)(6) of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new clause:
       ``(iii) Exclusion of unprocessed fuels.--The term 
     `cellulosic biofuel' shall not include any fuel if--

       ``(I) more than 4 percent of such fuel (determined by 
     weight) is any combination of water and sediment, or
       ``(II) the ash content of such fuel is more than 1 percent 
     (determined by weight).''.

       (b) Effective Date.--The amendment made by this section 
     shall apply to fuels sold or used after the date of the 
     enactment of this Act.

     SEC. 12. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Committee on the Budget of the House of 
     Representatives, provided that such statement has been 
     submitted prior to the vote on passage.
                                 ______
                                 
  SA 3356. Mrs. MURRAY (for herself, Mr. Harkin, Mrs. Boxer, Mr. 
Begich, and Mr. Burris) submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRAINING AND EMPLOYMENT SERVICES.

       (a) Additional Amount.--There is appropriated for fiscal 
     year 2010, for an additional amount for ``Training and 
     Employment Services'' for activities under the Workforce 
     Investment Act of 1998 (referred to in this section as the 
     ``WIA''), $1,500,000,000. That amount is appropriated out of 
     any money in the Treasury not otherwise appropriated. The 
     amount shall be available for obligation for the period 
     beginning on the date of enactment of this Act.
       (b) Activities.--In particular, of the amount made 
     available under subsection (a)--
       (1) $1,500,000,000 shall be available for grants to States 
     for youth activities, including summer employment for youth, 
     which funds shall remain available for obligation through 
     September 30, 2010, except that--
       (A) no portion of such funds shall be reserved to carry out 
     section 127(b)(1)(A) of the WIA;
       (B) for purposes of section 127(b)(1)(C)(iv) of the WIA, 
     funds available for youth activities shall be allotted as if 
     the total amount available for youth activities for fiscal 
     year 2010 does not exceed $1,000,000,000;
       (C) with respect to the youth activities provided with such 
     funds, section 101(13)(A) of the WIA shall be applied by 
     substituting ``age 24'' for ``age 21'';
       (D) the work readiness aspect of the performance indicator 
     described in section 136(b)(2)(A)(ii)(I) of the WIA shall be 
     the only measure of performance used to assess the 
     effectiveness of summer employment for youth provided with 
     such funds; and
       (E) an amount that is not more than 1 percent of the funds 
     appropriated under subsection (a) may be used for the 
     administration, management, and oversight of the programs, 
     activities, and grants, funded under subsection (a), 
     including the evaluation of the use of such funds; and
       (2) funds designated for the purposes of paragraph (1)(E), 
     together with funds described in section 801(b) of Division A 
     of the American Recovery and Reinvestment Act of 2009, shall 
     be available for obligation through September 30, 2012.
                                 ______
                                 
  SA 3357. Mr. DODD (for himself, Ms. Stabenow, Mr. Levin, and Mr. 
Lieberman) submitted an amendment intended to be proposed to amendment 
SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the 
Internal Revenue Code of 1986 to extend certain expiring provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 223 and insert the following:

     SEC. 223. EXTENSION OF SECTION 508 HOSPITAL 
                   RECLASSIFICATIONS.

       (a) In General.--Subsection (a) of section 106 of division 
     B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 
     1395 note), as amended by section 117 of the Medicare, 
     Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-
     173) and section 124 of the Medicare Improvements for 
     Patients and Providers Act of 2008 (Public Law 110-275), is 
     amended by striking ``September 30, 2009'' and inserting 
     ``September 30, 2010''.
       (b) Special Rule for Fiscal Year 2010.--
       (1) In general.--Subject to paragraph (2), for purposes of 
     implementation of the amendment made by subsection (a), 
     including (notwithstanding paragraph (3) of section 117(a) of 
     the Medicare, Medicaid, and SCHIP Extension Act of 2007 
     (Public Law 110-173), as amended by section 124(b) of the 
     Medicare Improvements for Patients and Providers Act of 2008 
     (Public Law 110-275)) for purposes of the implementation of 
     paragraph (2) of such section 117(a), during fiscal year 
     2010, the Secretary of Health and Human Services (in this 
     subsection referred to as the ``Secretary'') shall use the 
     hospital wage index that was promulgated by the Secretary in 
     the Federal Register on August 27, 2009 (74 Fed. Reg. 43754), 
     and any subsequent corrections.
       (2) Exception.--Beginning on April 1, 2010, in determining 
     the wage index applicable to hospitals that qualify for wage 
     index reclassification, the Secretary shall include the 
     average hourly wage data of hospitals whose reclassification 
     was extended pursuant to the amendment made by subsection (a) 
     only if including such data results in a higher applicable 
     reclassified wage index. Any revision to hospital wage 
     indexes made as a result of this paragraph shall not be 
     effected in a budget neutral manner.
       (c) Adjustment for Certain Hospitals in Fiscal Year 2010.--
       (1) In general.--In the case of a subsection (d) hospital 
     (as defined in subsection (d)(1)(B) of section 1886 of the 
     Social Security Act (42 U.S.C. 1395ww)) with respect to 
     which--
       (A) a reclassification of its wage index for purposes of 
     such section was extended pursuant to the amendment made by 
     subsection (a); and
       (B) the wage index applicable for such hospital for the 
     period beginning on October 1, 2009, and ending on March 31, 
     2010, was lower than for the period beginning on April 1, 
     2010, and ending on September 30, 2010, by reason of the 
     application of subsection (b)(2);

     the Secretary shall pay such hospital an additional payment 
     that reflects the difference between the wage index for such 
     periods.

[[Page S970]]

       (2) Timeframe for payments.--The Secretary shall make 
     payments required under paragraph (1) by not later than 
     December 31, 2010.

                          ____________________