[Congressional Record Volume 156, Number 164 (Monday, December 13, 2010)]
[Senate]
[Pages S8855-S8946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4764. Mr. COBURN (for himself, Mr. Burr,  Mr. Chambliss, and Mr. 
Ensign) submitted an amendment intended to be proposed to amendment SA 
4753 proposed by Mr. Reid (for himself and Mr. McConnell) to the bill 
H.R. 4853, to amend the Internal Revenue Code of 1986 to extend the 
funding and expenditure authority of the Airport and Airway Trust Fund, 
to amend title 49, United States Code, to extend authorizations for the 
airport improvement program, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                         TITLE IX--RESCISSIONS

     SEC. 900. TABLE OF CONTENTS OF TITLE.

       The table of contents of this title is as follows:

                         TITLE IX--RESCISSIONS

Sec. 900. Table of contents of title.
Sec. 901. 15 Percent Reduction in appropriations to the Executive 
              Office of the President and Congress.
Sec. 902. No cost of living adjustment in pay of Members of Congress.
Sec. 903. Freeze on cost of Federal employees (including civilian 
              employees of the Department of Defense) salaries.
Sec. 904. Reduction in the number of Federal employees.
Sec. 905. Limitation on Government printing costs.
Sec. 906. Limitation of Government travel costs.
Sec. 907. Reduction in Federal vehicle costs.
Sec. 908. Sale of excess Federal property.
Sec. 909. Ten percent reduction in voluntary contributions to the 
              United Nations.
Sec. 910. Low-priority construction projects of Corps of Engineers.
Sec. 911. Ten percent reduction in international development and 
              humanitarian assistance funding.
Sec. 912. Elimination of the Safe and Drug-Free Schools and Communities 
              program.
Sec. 913. Rescission of amounts for Economic Development 
              Administration.
Sec. 914. Department of Justice wasteful activities.
Sec. 915. Rescission of amounts for Hollings Manufacturing Partnership 
              Program and Baldridge Performance Excellence Program.
Sec. 916. Fossil fuel applied research.
Sec. 917. Corporation for Public Broadcasting.
Sec. 918. Fifteen percent reduction in fiscal year 2011 funding for the 
              Department of Defense for procurement.
Sec. 919. Ten percent reduction in fiscal year 2011 funding for the 
              Department of Defense for research, development, test, 
              and evaluation.
Sec. 920. Reduction in Department of Defense spending in support of 
              military installations.
Sec. 921. Rescission of Diplomatic and Consular Programs funding.
Sec. 922. Elimination of program to pay institutions of higher 
              education for administrative expenses relating to student 
              aid program.
Sec. 923. Elimination of grants to large and medium hub airports under 
              airport improvement program.
Sec. 924. Consolidate all Federal Fire Management Programs and reducing 
              funding by 10 percent.
Sec. 925. High-energy cost grant program.
Sec. 926. Resource conservation and development programs.
Sec. 927. Repeal of LEAP.
Sec. 928. Elimination of the B.J. Stupak Olympic Scholarships program.
Sec. 929. Repeal of Robert C. Byrd Honors Scholarship Program.
Sec. 930. Elimination of the Historic Whaling and Trading Partners 
              program.
Sec. 931. Elimination of the Underground Railroad educational and 
              cultural program.
Sec. 932. Brownfields economic development initiative.
Sec. 933. Election reform grants.
Sec. 934. Election Assistance Commission.
Sec. 935. Emergency operations center grant program.
Sec. 936. Elimination of health care facilities and construction 
              program.
Sec. 937. High priority surface transportation projects.
Sec. 938. Save America's Treasures Program; Preserve America Program.
Sec. 939. Targeted water infrastructure grants.
Sec. 940. National Park Service Challenge Cost Share Program.
Sec. 941. Termination of the Constellation Program of the National 
              Aeronautics and Space Administration.
Sec. 942. Delta health initiative.
Sec. 943. Department of Agriculture health care services grant program.
Sec. 944. Elimination of loan repayment for civil legal assistance 
              attorneys.
Sec. 945. Targeted air shed grant program.

     SEC. 901. 15 PERCENT REDUCTION IN APPROPRIATIONS TO THE 
                   EXECUTIVE OFFICE OF THE PRESIDENT AND CONGRESS.

       (a) Rescissions.--
       (1) In general.--There is rescinded an amount equal to 15 
     percent of the budget authority provided for any 
     discretionary account in appropriations to the Legislative 
     Branch for fiscal year 2011.
       (2) Proportionate application.--Any rescission made by 
     paragraph (1) shall be applied proportionately--
       (A) to each discretionary account and each item of budget 
     authority described in such paragraph; and
       (B) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).
       (3) Exception.--This subsection shall not apply to 
     appropriations under the heading ``CAPITOL POLICE''.
       (4) Administration of across-the-board reductions.--In the 
     administration of paragraph (1), with respect to the budget 
     authority provided under the heading ``SENATE'' in--
       (A) the percentage rescissions under paragraph (1) shall 
     apply to the total amount of all funds appropriated under 
     that heading; and
       (B) the rescissions may be applied without regard to 
     paragraph (2).
       (b) Appropriations to the Executive Office of the 
     President.--Notwithstanding any other provision of law, the 
     total amount of funds appropriated to the appropriations 
     account under the heading under the heading ``EXECUTIVE 
     OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
     PRESIDENT'' for each of fiscal years 2012 and 2013 may not 
     exceed the total amount of funds appropriated to that account 
     for fiscal year 2011 after application of the rescission 
     under subsection (a).
       (c) Appropriations to Congress.--Notwithstanding any other 
     provision of law, the total amount of funds appropriated 
     under the headings ``SENATE'' and ``HOUSE OF 
     REPRESENTATIVES'' for each of fiscal years 2012 and 2013 may 
     not exceed the total amount of funds appropriated under those 
     headings for fiscal year 2011 after application of the 
     rescission under subsection (a).

     SEC. 902. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF 
                   CONGRESS.

       Notwithstanding any other provision of law, no adjustment 
     shall be made under section 601(a) of the Legislative 
     Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of 
     living adjustments for Members of Congress) during fiscal 
     years 2012, 2013, and 2014.

     SEC. 903. FREEZE ON COST OF FEDERAL EMPLOYEES (INCLUDING 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF 
                   DEFENSE) SALARIES.

       Notwithstanding any other provision of law, the total 
     amount of funds expended on salaries for civilian employees 
     of the Federal Government, including civilian employees of 
     the Department of Defense, for fiscal year 2011, fiscal year 
     2012, and fiscal year 2013 shall not exceed the total costs 
     for such salaries in fiscal year 2010: Provided, That the 
     amounts spent on salaries of members of the armed forces are 
     exempt from the provisions of this subsection: Provided 
     further, That nothing in this subsection prohibits an 
     employee from receiving an increase in salary or other 
     compensation so long as such an increase does not increase an 
     agency's net expenditures for employee salaries.

     SEC. 904. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.

       (a) Definition.--In this section, the term ``agency'' means 
     an executive agency as defined under section 105 of title 5, 
     United States Code.
       (b) Determination of Number of Employees.--Not later than 
     60 days after the date of enactment of this Act, the Director 
     of the Office of Management and Budget shall determine the 
     number of full-time employees employed in each agency. The 
     head of each agency shall cooperate with the Director of the 
     Office of Management and Budget in making the determinations.
       (c) Reductions.--Notwithstanding any other provision of 
     law, the head of each agency shall take such actions as 
     necessary, including a reduction in force under sections 3502 
     and 3595 of title 5, United States Code, to reduce the number 
     of full-time employees employed in that agency as determined 
     under subsection (b) by 10 percent not later than October 1, 
     2020.
       (d) Replacement Hire Rate.--In implementing subsection (c), 
     the head of each agency may hire no more than 2 employees in 
     that agency for every 3 employees who leave employment in 
     that agency during any fiscal year.

     SEC. 905. LIMITATION ON GOVERNMENT PRINTING COSTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Director of the Office of Management and Budget 
     shall coordinate with the heads of Federal departments and 
     independent agencies to--
        (a) determine which Government publications could be 
     available on Government websites and no longer printed and to 
     devise a strategy to reduce overall Government

[[Page S8856]]

     printing costs over the 10-year period beginning with fiscal 
     year 2011, except that the Director shall ensure that 
     essential printed documents prepared for social security 
     recipients, medicare beneficiaries, and other populations in 
     areas with limited internet access or use continue to remain 
     available;
       (b) establish government-wide Federal guidelines on 
     employee printing;
       (c) issue on the Office of Management and Budget's public 
     website the results of a cost-benefit analysis on 
     implementing a digital signature system and on establishing 
     employee printing identification systems, such as the use of 
     individual employee cards or codes, to monitor the amount of 
     printing done by Federal employees; except that the Director 
     of the Office of Management and Budget shall ensure that 
     Federal employee printing costs unrelated to national 
     defense, homeland security, border security, national 
     disasters, and other emergencies do not exceed $860,000,000 
     annually; and
       (d) issue guidelines requiring every department, agency, 
     commission or office to list at a prominent place near the 
     beginning of each publication distributed to the public and 
     issued or paid for by the Federal Government--
       (1) the name of the issuing agency, department, commission 
     or office;
       (2) the total number of copies of the document printed;
       (3) the collective cost of producing and printing all of 
     the copies of the document; and
       (4) the name of the firm publishing the document.

     SEC. 906. LIMITATION OF GOVERNMENT TRAVEL COSTS.

       (a) In General.--Within 60 days after the date of enactment 
     of this Act, the Director of the Office of Management and 
     Budget, in consultation with the heads of the Federal 
     departments and agencies, shall establish a definition of 
     ``nonessential travel'' and criteria to determine if travel-
     related expenses and requests by Federal employees meet the 
     definition of ``nonessential travel''. No travel expenses 
     paid for, in whole or in part, with Federal funds shall be 
     paid by the Federal Government unless a request is made prior 
     to the travel and the requested travel meets the criteria 
     established by this section. Any travel request that does not 
     meet the definition and criteria shall be disallowed, 
     including reimbursement for air flights, automobile rentals, 
     train tickets, lodging, per diem, and other travel-related 
     costs. The definition established by the Director of the 
     Office of Management and Budget may include exemptions in the 
     definition, including travel related to national defense, 
     homeland security, border security, national disasters, and 
     other emergencies. The Director of the Office of Management 
     and Budget shall ensure that all travel costs paid for in 
     part or whole by the Federal Government not related to 
     national defense, homeland security, border security, 
     national disasters, and other emergencies do not exceed 
     $5,000,000,000 annually.
       (b) Rescissions.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency''--
       (i) means an executive agency as defined under section 105 
     of title 5, United States Code; and
       (ii) does not include the Department of Defense; and
       (B) the term ``travel expense amount'' means, with respect 
     to each agency, an amount equal to 20 percent of all funds 
     expended by that agency on travel expenses during fiscal year 
     2010.
       (2) In general.--There is rescinded a travel expense amount 
     from appropriations made for fiscal year 2011 in each agency 
     appropriations account providing for travel expenses.
       (3) Freeze.--Notwithstanding any other provision of law, 
     the total amount of funds appropriated to the appropriations 
     account providing for travel expenses for each agency for 
     each of fiscal years 2012 and 2013 may not exceed the total 
     amount of funds appropriated to that account for fiscal year 
     2011 after application of the rescission under paragraph (2).

     SEC. 907. REDUCTION IN FEDERAL VEHICLE COSTS.

       Notwithstanding any other provision of law--
        (a) of the amounts made available to the General Services 
     Administration for the acquisition of new vehicles for the 
     Federal fleet for fiscal year 2011 and remaining unobligated 
     as of the date of enactment of this Act, an amount equal to 
     20 percent of all such amounts is rescinded;
       (b) for fiscal year 2012 and each fiscal year thereafter--
       (1) the amount made available to the General Services 
     Administration for the acquisition of new vehicles for the 
     Federal fleet shall not exceed an amount equal to 80 percent 
     of the amount made available for the acquisition of those 
     vehicles for fiscal year 2011 (before application of 
     subsection (a)); and
       (2) the number of new vehicles acquired by the General 
     Services Administration for the Federal fleet shall not 
     exceed a number equal to 50 percent of the vehicles so 
     acquired for fiscal year 2011; and
       (c) any amounts made available under Public Law 111-5 for 
     the acquisition of new vehicles for the Federal fleet shall 
     be disregarded by for purposes of determining the baseline.

     SEC. 908. SALE OF EXCESS FEDERAL PROPERTY.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, is amended by adding at the end the 
     following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

     ``Sec. 621. Definitions

       ``In this subchapter:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(2) Landholding agency.--The term `landholding agency' 
     means a landholding agency (as defined in section 501(i) of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11411(i))).
       ``(3) Real property.--
       ``(A) In general.--The term `real property' means--
       ``(i) a parcel of real property under the administrative 
     jurisdiction of the Federal Government that is--

       ``(I) excess;
       ``(II) surplus;
       ``(III) underperforming; or
       ``(IV) otherwise not meeting the needs of the Federal 
     Government, as determined by the Director; and

       ``(ii) a building or other structure located on real 
     property described in clause (i).
       ``(B) Exclusion.--The term `real property' excludes any 
     parcel of real property, and any building or other structure 
     located on real property, that is to be closed or realigned 
     under the Defense Authorization Amendments and Base Closure 
     and Realignment Act (10 U.S.C. 2687 note; Public Law 100-
     526).

     ``Sec. 622. Disposal program

       ``(a) In General.--Except as provided in subsection (e), 
     the Director shall, by sale or auction, dispose of a quantity 
     of real property with an aggregate value of not less than 
     $15,000,000,000 that, as determined by the Director, is not 
     being used, and will not be used, to meet the needs of the 
     Federal Government for the period of fiscal years 2010 
     through 2015.
       ``(b) Recommendations.--The head of each landholding agency 
     shall recommend to the Director real property for disposal 
     under subsection (a).
       ``(c) Selection of Properties.--After receiving 
     recommendations of candidate real property under subsection 
     (b), the Director--
       ``(1) with the concurrence of the head of each landholding 
     agency, may select the real property for disposal under 
     subsection (a); and
       ``(2) shall notify the recommending landholding agency head 
     of the selection of the real property.
       ``(d) Website.--The Director shall ensure that all real 
     properties selected for disposal under this section are 
     listed on a website that shall--
       ``(1) be updated routinely; and
       ``(2) include the functionality to allow any member of the 
     public, at the option of the member, to receive updates of 
     the list through electronic mail.
       ``(e) Transfer of Property.--The Director may transfer real 
     property selected for disposal under this section to the 
     Department of Housing and Urban Development if the Secretary 
     of Housing and Urban Development determines that the real 
     property is suitable for use in assisting the homeless.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the item relating 
     to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.

     SEC. 909. TEN PERCENT REDUCTION IN VOLUNTARY CONTRIBUTIONS TO 
                   THE UNITED NATIONS.

       Notwithstanding any other provision of law, of the funds 
     appropriated or otherwise made available for fiscal year 
     2011, voluntary contributions to the United Nations paid by 
     the United States shall not exceed an amount that is 10 
     percent less than the amount provided in fiscal year 2010.

     SEC. 910. LOW-PRIORITY CONSTRUCTION PROJECTS OF CORPS OF 
                   ENGINEERS.

       (a) Termination of Authority.--The authority to carry out 
     low-priority construction projects of the Corps of Engineers 
     is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for low-priority 
     construction projects of the Corps of Engineers that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the projects referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects 
     described in paragraph (1), as determined by the Secretary of 
     the Army, in consultation with other appropriate Federal 
     agencies.

     SEC. 911. TEN PERCENT REDUCTION IN INTERNATIONAL DEVELOPMENT 
                   AND HUMANITARIAN ASSISTANCE FUNDING.

       Notwithstanding any other provision of law, of the funds 
     appropriated or otherwise made available for fiscal year 
     2011, international development and humanitarian assistance 
     expenditures of the United States shall not exceed an amount 
     that is 10 percent less than the amount provided in fiscal 
     year 2010.

     SEC. 912. ELIMINATION OF THE SAFE AND DRUG-FREE SCHOOLS AND 
                   COMMUNITIES PROGRAM.

       (a) Repeal.--Part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is 
     repealed.

[[Page S8857]]

       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Safe and Drug-Free Schools and Communities 
     Program under part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.), as 
     in effect on the day before the date of enactment of this 
     Act, are rescinded and no funds appropriated hereafter for 
     such activities shall be expended, except as determined 
     necessary or essential by such Secretary, in consultation 
     with the appropriate Federal agencies.

     SEC. 913. RESCISSION OF AMOUNTS FOR ECONOMIC DEVELOPMENT 
                   ADMINISTRATION.

       Notwithstanding any other provision of law--
       (1) all amounts made available for programs, activities, 
     and grants of the Economic Development Administration that 
     remain unobligated as of the date of enactment of this Act 
     are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs, activities, and grants referred 
     to in paragraph (1) shall be expended, other than such 
     amounts as are necessary to cover costs incurred in 
     terminating such programs, activities, and grants, as 
     determined by the Secretary of Commerce, in consultation with 
     other appropriate Federal agencies.

     SEC. 914. DEPARTMENT OF JUSTICE WASTEFUL ACTIVITIES.

       Notwithstanding any other provision of law, 5 percent of 
     all unobligated balances held by the Attorney General as of 
     the date of enactment of this Act are rescinded to eliminate 
     wasteful activities of the Department of Justice.

     SEC. 915. RESCISSION OF AMOUNTS FOR HOLLINGS MANUFACTURING 
                   PARTNERSHIP PROGRAM AND BALDRIDGE PERFORMANCE 
                   EXCELLENCE PROGRAM.

       Notwithstanding any other provision of law--
       (1) all amounts made available for the Hollings 
     Manufacturing Partnership Program and the Baldridge 
     Performance Excellence Program that remain unobligated as of 
     the date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under such programs, as determined by the 
     Secretary of Commerce, in consultation with other appropriate 
     Federal agencies.

     SEC. 916. FOSSIL FUEL APPLIED RESEARCH.

       (a) Termination of Authority.--The authority of the 
     Secretary of Energy to carry out fossil fuel applied research 
     is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for fossil fuel applied 
     research described in subsection (a) that remain unobligated 
     as of the date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for research referred to in paragraph (1) shall 
     be expended, other than such amounts as are necessary to 
     cover costs incurred in terminating ongoing research 
     described in paragraph (1), as determined by the Secretary of 
     Energy, in consultation with other appropriate Federal 
     agencies.

     SEC. 917. CORPORATION FOR PUBLIC BROADCASTING.

       Notwithstanding any other provision of law, the portion of 
     all unobligated balances held by the Corporation for Public 
     Broadcasting that consists of Federal funds are rescinded and 
     no Federal funds appropriated hereafter for the Corporation 
     for Public Broadcasting shall be obligated or expended by 
     such Corporation.

     SEC. 918. FIFTEEN PERCENT REDUCTION IN FISCAL YEAR 2011 
                   FUNDING FOR THE DEPARTMENT OF DEFENSE FOR 
                   PROCUREMENT.

       Notwithstanding any other provision of law, the amount 
     available to the Department of Defense for fiscal year 2011 
     for procurement is the amount equal to the aggregate amount 
     otherwise authorized to be appropriated to the Department for 
     that fiscal year for procurement minus an amount equal to 15 
     percent of such aggregate amount.

     SEC. 919. TEN PERCENT REDUCTION IN FISCAL YEAR 2011 FUNDING 
                   FOR THE DEPARTMENT OF DEFENSE FOR RESEARCH, 
                   DEVELOPMENT, TEST, AND EVALUATION.

       Notwithstanding any other provision of law, the amount 
     available to the Department of Defense for fiscal year 2011 
     for research, development, test, and evaluation is the amount 
     equal to the aggregate amount otherwise authorized to be 
     appropriated to the Department for that fiscal year for 
     research, development, test, and evaluation minus an amount 
     equal to 10 percent of such aggregate amount.

     SEC. 920. REDUCTION IN DEPARTMENT OF DEFENSE SPENDING IN 
                   SUPPORT OF MILITARY INSTALLATIONS.

       The Secretary of Defense shall reduce the amount obligated 
     or expended in support of military installations through the 
     reduction or elimination of waste, fraud, and abuse 
     attributable to programs and activities related to such 
     support.

     SEC. 921. RESCISSION OF DIPLOMATIC AND CONSULAR PROGRAMS 
                   FUNDING.

       Ten percent of the funds appropriated or otherwise made 
     available to the Secretary of State for diplomatic and 
     consular programs and available for obligation as of the date 
     of the enactment of this Act is hereby rescinded.

     SEC. 922. ELIMINATION OF PROGRAM TO PAY INSTITUTIONS OF 
                   HIGHER EDUCATION FOR ADMINISTRATIVE EXPENSES 
                   RELATING TO STUDENT AID PROGRAM.

       (a) Repeal.--Section 489 of the Higher Education Act of 
     1965 (20 U.S.C. 1096) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for payments to institutions of higher education under 
     section 489 of the Higher Education Act of 1965 (20 U.S.C. 
     1096), as in effect on the day before the date of enactment 
     of this Act, are rescinded and no funds appropriated 
     hereafter for such payments shall be expended, except as 
     determined necessary or essential by such Secretary, in 
     consultation with the appropriate Federal agencies.

     SEC. 923. ELIMINATION OF GRANTS TO LARGE AND MEDIUM HUB 
                   AIRPORTS UNDER AIRPORT IMPROVEMENT PROGRAM.

       Notwithstanding any provision of subchapter I of chapter 
     471 of title 49, United States Code, or any other provision 
     of law--
       (1) no large hub airport or medium hub airport (as those 
     terms are defined in section 47102 of such title) may receive 
     a grant under the airport improvement program under such 
     subchapter;
       (2) all amounts made available for grants to large hub 
     airports or medium hub airports under the airport improvement 
     program that remain unobligated as of the date of the 
     enactment of this Act are rescinded; and
       (3) no amounts made available after the date of the 
     enactment of this Act for grants to large hub airports or 
     medium hub airports under the airport improvement program 
     shall be obligated or expended, other than such amounts as 
     are necessary to cover costs incurred in terminating ongoing 
     projects and activities under that program, as determined by 
     the Secretary of Transportation, in consultation with other 
     appropriate Federal agencies.

     SEC. 924. CONSOLIDATE ALL FEDERAL FIRE MANAGEMENT PROGRAMS 
                   AND REDUCING FUNDING BY 10 PERCENT.

       (a) Consolidation.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall consolidate all 
     fire management programs carried out under laws administered 
     by the Secretary.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) of amounts made available for programs consolidated 
     under subsection (a), the lesser of 10 percent of such 
     amounts, on the one hand, and the amount of such amounts that 
     remain unobligated as of the date of enactment of this Act, 
     on the other hand, are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating or reducing ongoing 
     projects and activities under such programs, as determined by 
     the Secretary of Homeland Security, in consultation with 
     other appropriate Federal agencies.

     SEC. 925. HIGH-ENERGY COST GRANT PROGRAM.

       (a) Repeal.--Section 19 of the Rural Electrification Act of 
     1936 (7 U.S.C. 918a) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the program carried out 
     under section 19 of the Rural Electrification Act of 1936 (7 
     U.S.C. 918a) (as in existence on the day before the date of 
     enactment of this Act) that remain unobligated as of the date 
     of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating the program described 
     in paragraph (1), as determined by the Secretary of 
     Agriculture, in consultation with other appropriate Federal 
     agencies.

     SEC. 926. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAMS.

       (a) Termination of Authority.--The authority to carry out 
     the resource conservation and development program of the 
     Natural Resources Conservation Service of the Department of 
     Agriculture is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the resource 
     conservation and development program of the Natural Resources 
     Conservation Service of the Department of Agriculture (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under that program, as determined by the Secretary 
     of Agriculture, in consultation with other appropriate 
     Federal agencies.

     SEC. 927. REPEAL OF LEAP.

       (a) Repeal of LEAP.--Subpart 4 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.

[[Page S8858]]

       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for the Leveraging Educational Assistance Partnership Program 
     under subpart 4 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070c), as in effect on the day before 
     the date of enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such program shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 928. ELIMINATION OF THE B.J. STUPAK OLYMPIC SCHOLARSHIPS 
                   PROGRAM.

       (a) Repeal.--Section 1543 of the Higher Education 
     Amendments of 1992 (20 U.S.C. 1070 note) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the B.J. Stupak Olympic 
     Scholarships program under section 1543 of the Higher 
     Education Amendments of 1992 (20 U.S.C. 1070 note), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 929. REPEAL OF ROBERT C. BYRD HONORS SCHOLARSHIP 
                   PROGRAM.

       (a) Repeal of LEAP.--Subpart 6 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for the Robert C. Byrd Honors Scholarship Program under 
     subpart 6 of part A of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070c), as in effect on the day before the 
     date of enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such program shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 930. ELIMINATION OF THE HISTORIC WHALING AND TRADING 
                   PARTNERS PROGRAM.

       (a) Repeal.--Subpart 12 of part D of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7265 et seq.) is repealed.
       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Educational, Cultural, Apprenticeship, and 
     Exchange Programs for Alaska Natives, Native Hawaiians, and 
     Their Historical Whaling and Trading Partners in 
     Massachusetts under subpart 12 of part D of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7265 et seq.), as in effect on the day before the date of 
     enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such activities shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 931. ELIMINATION OF THE UNDERGROUND RAILROAD EDUCATIONAL 
                   AND CULTURAL PROGRAM.

       (a) Repeal.--Section 841 of the Higher Education Amendments 
     of 1998 (20 U.S.C. 1153) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the Underground Railroad 
     educational and cultural program under section 841 of the 
     Higher Education Amendments of 1998 (20 U.S.C. 1153), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 932. BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE.

       (a) In General.--Notwithstanding section 108(q) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5309(q)) or any other provision of law, the Secretary of 
     Housing and Urban Development may not make any competitive 
     economic development grants, as otherwise authorized by 
     section 108(q) of that Act, for Brownfields redevelopment 
     projects.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for grants described in 
     subsection (a) that remain unobligated as of the date of 
     enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for grants described in subsection (a) shall be 
     expended, other than such amounts as are necessary to cover 
     costs incurred in terminating ongoing projects and activities 
     under those grants, as determined by the Secretary of Housing 
     and Urban Development, in consultation with other appropriate 
     Federal agencies.

     SEC. 933. ELECTION REFORM GRANTS.

       (a) Termination of Authority.--The authority to make 
     requirements payments to States under part 1 of subtitle D of 
     title II of the Help America Vote Act of 2002 (42 U.S.C. 
     15401 et seq.) is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for such requirements 
     payments (as of the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for such requirements payments shall be expended, 
     other than such amounts as are necessary to cover costs 
     incurred in terminating ongoing projects and activities using 
     such requirements payments, as determined by the 
     Administrator of General Services, in consultation with other 
     appropriate Federal agencies.

     SEC. 934. ELECTION ASSISTANCE COMMISSION.

       (a) Termination of Authority.--The Election Assistance 
     Commission established under section 201 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15321) is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Election Assistance 
     Commission (as in existence on the day before the date of 
     enactment of this Act) that remain unobligated as of the date 
     of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the Commission described in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities of the Commission, as determined by the 
     Administrator of General Services, in consultation with other 
     appropriate Federal agencies.

     SEC. 935. EMERGENCY OPERATIONS CENTER GRANT PROGRAM.

       (a) Termination.--Section 614 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5196c) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law, all unobligated balances held by the Secretary of 
     Homeland Security for the emergency operations center grant 
     program under section 614 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5196c), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by the Secretary of Homeland Security, in 
     consultation with the appropriate Federal agencies.

     SEC. 936. ELIMINATION OF HEALTH CARE FACILITIES AND 
                   CONSTRUCTION PROGRAM.

       Notwithstanding any other provision of law, all unobligated 
     balances held by the Secretary of Health and Human Services 
     for health care facilities and construction are rescinded and 
     no funds appropriated hereafter for such activities shall be 
     expended, except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 937. HIGH PRIORITY SURFACE TRANSPORTATION PROJECTS.

       (a) In General.--Section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1256) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for high priority projects 
     under section 1702 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59; 119 Stat. 1256) (before the amendment 
     made by subsection (a)) that remain unobligated as of the 
     date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for high priority projects described in paragraph 
     (1) shall be expended, other than such amounts as are 
     necessary to cover costs incurred in terminating ongoing 
     projects and activities under those projects, as determined 
     by the Secretary of Transportation, in consultation with 
     other appropriate Federal agencies.

     SEC. 938. SAVE AMERICA'S TREASURES PROGRAM; PRESERVE AMERICA 
                   PROGRAM.

       (a) Repeals.--Sections 7302 and 7303 of the Omnibus Public 
     Land Management Act of 2009 (16 U.S.C. 469n, 469o) are 
     repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Save America's 
     Treasures Program or Preserve America Program that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under those programs, as determined by the 
     Secretary of the Interior in consultation with other 
     appropriate Federal agencies.

     SEC. 939. TARGETED WATER INFRASTRUCTURE GRANTS.

       (a) Termination of Authority.--The Targeted Watershed 
     Grants Program and the U.S.-Mexico Border Water 
     Infrastructure Program of the Environmental Protection Agency 
     are terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Targeted Watershed 
     Grants Program and the U.S.-Mexico Border Water 
     Infrastructure Program of the Environmental Protection Agency 
     (as in existence on the day before the date of enactment of 
     this Act) that remain unobligated as of the date of enactment 
     of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) (as 
     so in existence) shall be expended, other than such

[[Page S8859]]

     amounts as are necessary to cover costs incurred in 
     terminating ongoing projects and activities under those 
     programs, as determined by the Administrator of the 
     Environmental Protection Agency, in consultation with other 
     appropriate Federal agencies.

     SEC. 940. NATIONAL PARK SERVICE CHALLENGE COST SHARE PROGRAM.

       (a) Termination of Authority.--The authority to provide 
     Department of the Interior Challenge Cost Share Program 
     grants is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Department of the 
     Interior Challenge Cost Share Program (as in existence on the 
     day before the date of enactment of this Act) that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the Department of the Interior Challenge Cost 
     Share Program shall be expended, other than such amounts as 
     are necessary to cover costs incurred in terminating ongoing 
     projects and activities under the program, as determined by 
     the Secretary of the Interior in consultation with other 
     appropriate Federal agencies.

     SEC. 941. TERMINATION OF THE CONSTELLATION PROGRAM OF THE 
                   NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

       (a) Termination Required.--The Administrator of the 
     National Aeronautics and Space Administration shall terminate 
     the Constellation Program of the National Aeronautics and 
     Space Administration.
       (b) Disposition of Unobligated Funds.--
       (1) Rescission.--Except as provided in paragraph (2), any 
     funds available for obligation by the National Aeronautics 
     and Space Administration as of the date of the enactment of 
     this Act for the Constellation Program are hereby rescinded.
       (2) Availability for wind-up of program.--Funds described 
     in paragraph (1) may be utilized by the National Aeronautics 
     and Space Administration solely for costs related to the 
     winding-up of the provision of the Constellation Program.

     SEC. 942. DELTA HEALTH INITIATIVE.

       Notwithstanding any other provision of law, all unobligated 
     balances held by the Secretary of Health and Human Services 
     to carry out the Delta Health Initiative are rescinded and no 
     funds appropriated hereafter for such Initiative shall be 
     expended, except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 943. DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES 
                   GRANT PROGRAM.

       (a) Termination of Authority.--The authority to carry out 
     any health care services grant program of the Department of 
     Agriculture is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for any health care services 
     grant program of the Department of Agriculture (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under that program, as determined by the Secretary 
     of Agriculture, in consultation with other appropriate 
     Federal agencies.

     SEC. 944. ELIMINATION OF LOAN REPAYMENT FOR CIVIL LEGAL 
                   ASSISTANCE ATTORNEYS.

       (a) Repeal.--Section 428L of the Higher Education Act of 
     1965 (20 U.S.C. 1078-12) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the Repayment for Civil Legal 
     Assistance Attorneys program under section 428L of the Higher 
     Education Act of 1965 (20 U.S.C. 1078-12), as in effect on 
     the day before the date of enactment of this Act, are 
     rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 945. TARGETED AIR SHED GRANT PROGRAM.

       (a) Termination of Authority.--The Targeted Air Shed Grant 
     Program of the Environmental Protection Agency is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Targeted Air Shed 
     Grant Program of the Environmental Protection Agency (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) (as 
     so in existence) shall be expended, other than such amounts 
     as are necessary to cover costs incurred in terminating 
     ongoing projects and activities under that program, as 
     determined by the Administrator of the Environmental 
     Protection Agency, in consultation with other appropriate 
     Federal agencies.
                                 ______
                                 
  SA 4765. Mr. COBURN (for himself, Mr. Burr, Mr. Chambliss, and Mr. 
Ensign) submitted an amendment intended to be proposed to amendment SA 
4753 proposed by Mr. Reid (for himself and Mr. McConnell) to the bill 
H.R. 4853, to amend the Internal Revenue Code of 1986 to extend the 
funding and expenditure authority of the Airport and Airway Trust Fund, 
to amend title 49, United States Code, to extend authorizations for the 
airport improvement program, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                         TITLE IX--RESCISSIONS

     SEC. 900. TABLE OF CONTENTS OF TITLE.

       The table of contents of this title is as follows:

                         TITLE IX--RESCISSIONS

Sec. 900. Table of contents of title.

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

Sec. 901. 15 Percent Reduction in appropriations to the Executive 
              Office of the President and Congress.
Sec. 902. No cost of living adjustment in pay of Members of Congress.
Sec. 903. Freeze on cost of Federal employees (including civilian 
              employees of the Department of Defense) salaries.
Sec. 904. Reduction in the number of Federal employees.
Sec. 905. Limitation on Government printing costs.
Sec. 906. Limitation of Government travel costs.
Sec. 907. Reduction in Federal vehicle costs.
Sec. 908. Sale of excess Federal property.
Sec. 909. Prohibition on use of Federal funds to pay unemployment 
              compensation to millionaires.
Sec. 910. Mandatory elimination of duplicative government programs.
Sec. 911. Collection of unpaid taxes from employees of the Federal 
              Government.
Sec. 912. Ten percent reduction in voluntary contributions to the 
              United Nations.
Sec. 913. Low-priority construction projects of Corps of Engineers.
Sec. 914. Ten percent reduction in international development and 
              humanitarian assistance funding.
Sec. 915. Elimination of the Safe and Drug-Free Schools and Communities 
              program.
Sec. 916. Rescission of amounts for Economic Development 
              Administration.
Sec. 917. Department of Justice wasteful activities.
Sec. 918. Rescission of amounts for Hollings Manufacturing Partnership 
              Program and Baldridge Performance Excellence Program.
Sec. 919. Fossil fuel applied research.
Sec. 920. Corporation for Public Broadcasting.
Sec. 921. Fifteen percent reduction in fiscal year 2011 funding for the 
              Department of Defense for procurement.
Sec. 922. Ten percent reduction in fiscal year 2011 funding for the 
              Department of Defense for research, development, test, 
              and evaluation.
Sec. 923. Reduction in Department of Defense spending in support of 
              military installations.
Sec. 924. Rescission of Diplomatic and Consular Programs funding.
Sec. 925. Elimination of program to pay institutions of higher 
              education for administrative expenses relating to student 
              aid program.
Sec. 926. Elimination of grants to large and medium hub airports under 
              airport improvement program.
Sec. 927. Consolidate all Federal Fire Management Programs and reducing 
              funding by 10 percent.
Sec. 928. High-energy cost grant program.
Sec. 929. Resource conservation and development programs.
Sec. 930. Repeal of LEAP.
Sec. 931. Elimination of the B.J. Stupak Olympic Scholarships program.
Sec. 932. Repeal of Robert C. Byrd Honors Scholarship Program.
Sec. 933. Elimination of the Historic Whaling and Trading Partners 
              program.
Sec. 934. Elimination of the Underground Railroad educational and 
              cultural program.
Sec. 935. Brownfields economic development initiative.
Sec. 936. Election reform grants.
Sec. 937. Election Assistance Commission.
Sec. 938. Emergency operations center grant program.
Sec. 939. Elimination of health care facilities and construction 
              program.
Sec. 940. High priority surface transportation projects.
Sec. 941. Save America's Treasures Program; Preserve America Program.
Sec. 942. Targeted water infrastructure grants.
Sec. 943. National Park Service Challenge Cost Share Program.
Sec. 944. Termination of the Constellation Program of the National 
              Aeronautics and Space Administration.

[[Page S8860]]

Sec. 945. Delta health initiative.
Sec. 946. Department of Agriculture health care services grant program.
Sec. 947. Elimination of loan repayment for civil legal assistance 
              attorneys.
Sec. 948. Targeted air shed grant program.
Sec. 949. Requiring transparency and ensuring no special treatment for 
              the AARP or AMA.

    Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

Sec. 960. Findings.
Sec. 961. Tracking excluded providers across State lines.
Sec. 962. Access for private sector and governmental entities.
Sec. 963. Liability of Medicare administrative contractors for claims 
              submitted by excluded providers.
Sec. 964. Limiting the discharge of debts in bankruptcy proceedings in 
              cases where a health care provider or a supplier engages 
              in fraudulent activity.
Sec. 965. Prevention of waste, fraud, and abuse in the Medicaid and 
              CHIP programs.
Sec. 966. Illegal distribution of a Medicare, Medicaid, or CHIP 
              beneficiary identification or billing privileges.
Sec. 967. Pilot program for the use of universal product numbers on 
              claim forms for reimbursement under the Medicare program.
Sec. 968. Prohibition of inclusion of social security account numbers 
              on Medicare cards.
Sec. 969. Implementation.

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

     SEC. 901. 15 PERCENT REDUCTION IN APPROPRIATIONS TO THE 
                   EXECUTIVE OFFICE OF THE PRESIDENT AND CONGRESS.

       (a) Rescissions.--
       (1) In general.--There is rescinded an amount equal to 15 
     percent of the budget authority provided for any 
     discretionary account in appropriations to the Legislative 
     Branch for fiscal year 2011.
       (2) Proportionate application.--Any rescission made by 
     paragraph (1) shall be applied proportionately--
       (A) to each discretionary account and each item of budget 
     authority described in such paragraph; and
       (B) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).
       (3) Exception.--This subsection shall not apply to 
     appropriations under the heading ``CAPITOL POLICE''.
       (4) Administration of across-the-board reductions.--In the 
     administration of paragraph (1), with respect to the budget 
     authority provided under the heading ``SENATE'' in--
       (A) the percentage rescissions under paragraph (1) shall 
     apply to the total amount of all funds appropriated under 
     that heading; and
       (B) the rescissions may be applied without regard to 
     paragraph (2).
       (b) Appropriations to the Executive Office of the 
     President.--Notwithstanding any other provision of law, the 
     total amount of funds appropriated to the appropriations 
     account under the heading under the heading ``EXECUTIVE 
     OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
     PRESIDENT'' for each of fiscal years 2012 and 2013 may not 
     exceed the total amount of funds appropriated to that account 
     for fiscal year 2011 after application of the rescission 
     under subsection (a).
       (c) Appropriations to Congress.--Notwithstanding any other 
     provision of law, the total amount of funds appropriated 
     under the headings ``SENATE'' and ``HOUSE OF 
     REPRESENTATIVES'' for each of fiscal years 2012 and 2013 may 
     not exceed the total amount of funds appropriated under those 
     headings for fiscal year 2011 after application of the 
     rescission under subsection (a).

     SEC. 902. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF 
                   CONGRESS.

       Notwithstanding any other provision of law, no adjustment 
     shall be made under section 601(a) of the Legislative 
     Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of 
     living adjustments for Members of Congress) during fiscal 
     years 2012, 2013, and 2014.

     SEC. 903. FREEZE ON COST OF FEDERAL EMPLOYEES (INCLUDING 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF 
                   DEFENSE) SALARIES.

       Notwithstanding any other provision of law, the total 
     amount of funds expended on salaries for civilian employees 
     of the Federal Government, including civilian employees of 
     the Department of Defense, for fiscal year 2011, fiscal year 
     2012, and fiscal year 2013 shall not exceed the total costs 
     for such salaries in fiscal year 2010: Provided, That the 
     amounts spent on salaries of members of the armed forces are 
     exempt from the provisions of this subsection: Provided 
     further, That nothing in this subsection prohibits an 
     employee from receiving an increase in salary or other 
     compensation so long as such an increase does not increase an 
     agency's net expenditures for employee salaries.

     SEC. 904. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.

       (a) Definition.--In this section, the term ``agency'' means 
     an executive agency as defined under section 105 of title 5, 
     United States Code.
       (b) Determination of Number of Employees.--Not later than 
     60 days after the date of enactment of this Act, the Director 
     of the Office of Management and Budget shall determine the 
     number of full-time employees employed in each agency. The 
     head of each agency shall cooperate with the Director of the 
     Office of Management and Budget in making the determinations.
       (c) Reductions.--Notwithstanding any other provision of 
     law, the head of each agency shall take such actions as 
     necessary, including a reduction in force under sections 3502 
     and 3595 of title 5, United States Code, to reduce the number 
     of full-time employees employed in that agency as determined 
     under subsection (b) by 10 percent not later than October 1, 
     2020.
       (d) Replacement Hire Rate.--In implementing subsection (c), 
     the head of each agency may hire no more than 2 employees in 
     that agency for every 3 employees who leave employment in 
     that agency during any fiscal year.

     SEC. 905. LIMITATION ON GOVERNMENT PRINTING COSTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Director of the Office of Management and Budget 
     shall coordinate with the heads of Federal departments and 
     independent agencies to--
        (a) determine which Government publications could be 
     available on Government websites and no longer printed and to 
     devise a strategy to reduce overall Government printing costs 
     over the 10-year period beginning with fiscal year 2011, 
     except that the Director shall ensure that essential printed 
     documents prepared for social security recipients, medicare 
     beneficiaries, and other populations in areas with limited 
     internet access or use continue to remain available;
       (b) establish government-wide Federal guidelines on 
     employee printing;
       (c) issue on the Office of Management and Budget's public 
     website the results of a cost-benefit analysis on 
     implementing a digital signature system and on establishing 
     employee printing identification systems, such as the use of 
     individual employee cards or codes, to monitor the amount of 
     printing done by Federal employees; except that the Director 
     of the Office of Management and Budget shall ensure that 
     Federal employee printing costs unrelated to national 
     defense, homeland security, border security, national 
     disasters, and other emergencies do not exceed $860,000,000 
     annually; and
       (d) issue guidelines requiring every department, agency, 
     commission or office to list at a prominent place near the 
     beginning of each publication distributed to the public and 
     issued or paid for by the Federal Government--
       (1) the name of the issuing agency, department, commission 
     or office;
       (2) the total number of copies of the document printed;
       (3) the collective cost of producing and printing all of 
     the copies of the document; and
       (4) the name of the firm publishing the document.

     SEC. 906. LIMITATION OF GOVERNMENT TRAVEL COSTS.

       (a) In General.--Within 60 days after the date of enactment 
     of this Act, the Director of the Office of Management and 
     Budget, in consultation with the heads of the Federal 
     departments and agencies, shall establish a definition of 
     ``nonessential travel'' and criteria to determine if travel-
     related expenses and requests by Federal employees meet the 
     definition of ``nonessential travel''. No travel expenses 
     paid for, in whole or in part, with Federal funds shall be 
     paid by the Federal Government unless a request is made prior 
     to the travel and the requested travel meets the criteria 
     established by this section. Any travel request that does not 
     meet the definition and criteria shall be disallowed, 
     including reimbursement for air flights, automobile rentals, 
     train tickets, lodging, per diem, and other travel-related 
     costs. The definition established by the Director of the 
     Office of Management and Budget may include exemptions in the 
     definition, including travel related to national defense, 
     homeland security, border security, national disasters, and 
     other emergencies. The Director of the Office of Management 
     and Budget shall ensure that all travel costs paid for in 
     part or whole by the Federal Government not related to 
     national defense, homeland security, border security, 
     national disasters, and other emergencies do not exceed 
     $5,000,000,000 annually.
       (b) Rescissions.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency''--
       (i) means an executive agency as defined under section 105 
     of title 5, United States Code; and
       (ii) does not include the Department of Defense; and
       (B) the term ``travel expense amount'' means, with respect 
     to each agency, an amount equal to 20 percent of all funds 
     expended by that agency on travel expenses during fiscal year 
     2010.
       (2) In general.--There is rescinded a travel expense amount 
     from appropriations made for fiscal year 2011 in each agency 
     appropriations account providing for travel expenses.
       (3) Freeze.--Notwithstanding any other provision of law, 
     the total amount of funds appropriated to the appropriations 
     account

[[Page S8861]]

     providing for travel expenses for each agency for each of 
     fiscal years 2012 and 2013 may not exceed the total amount of 
     funds appropriated to that account for fiscal year 2011 after 
     application of the rescission under paragraph (2).

     SEC. 907. REDUCTION IN FEDERAL VEHICLE COSTS.

       Notwithstanding any other provision of law--
        (a) of the amounts made available to the General Services 
     Administration for the acquisition of new vehicles for the 
     Federal fleet for fiscal year 2011 and remaining unobligated 
     as of the date of enactment of this Act, an amount equal to 
     20 percent of all such amounts is rescinded;
       (b) for fiscal year 2012 and each fiscal year thereafter--
       (1) the amount made available to the General Services 
     Administration for the acquisition of new vehicles for the 
     Federal fleet shall not exceed an amount equal to 80 percent 
     of the amount made available for the acquisition of those 
     vehicles for fiscal year 2011 (before application of 
     subsection (a)); and
       (2) the number of new vehicles acquired by the General 
     Services Administration for the Federal fleet shall not 
     exceed a number equal to 50 percent of the vehicles so 
     acquired for fiscal year 2011; and
       (c) any amounts made available under Public Law 111-5 for 
     the acquisition of new vehicles for the Federal fleet shall 
     be disregarded by for purposes of determining the baseline.

     SEC. 908. SALE OF EXCESS FEDERAL PROPERTY.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, is amended by adding at the end the 
     following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

     ``Sec. 621. Definitions

       ``In this subchapter:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(2) Landholding agency.--The term `landholding agency' 
     means a landholding agency (as defined in section 501(i) of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11411(i))).
       ``(3) Real property.--
       ``(A) In general.--The term `real property' means--
       ``(i) a parcel of real property under the administrative 
     jurisdiction of the Federal Government that is--

       ``(I) excess;
       ``(II) surplus;
       ``(III) underperforming; or
       ``(IV) otherwise not meeting the needs of the Federal 
     Government, as determined by the Director; and

       ``(ii) a building or other structure located on real 
     property described in clause (i).
       ``(B) Exclusion.--The term `real property' excludes any 
     parcel of real property, and any building or other structure 
     located on real property, that is to be closed or realigned 
     under the Defense Authorization Amendments and Base Closure 
     and Realignment Act (10 U.S.C. 2687 note; Public Law 100-
     526).

     ``Sec. 622. Disposal program

       ``(a) In General.--Except as provided in subsection (e), 
     the Director shall, by sale or auction, dispose of a quantity 
     of real property with an aggregate value of not less than 
     $15,000,000,000 that, as determined by the Director, is not 
     being used, and will not be used, to meet the needs of the 
     Federal Government for the period of fiscal years 2010 
     through 2015.
       ``(b) Recommendations.--The head of each landholding agency 
     shall recommend to the Director real property for disposal 
     under subsection (a).
       ``(c) Selection of Properties.--After receiving 
     recommendations of candidate real property under subsection 
     (b), the Director--
       ``(1) with the concurrence of the head of each landholding 
     agency, may select the real property for disposal under 
     subsection (a); and
       ``(2) shall notify the recommending landholding agency head 
     of the selection of the real property.
       ``(d) Website.--The Director shall ensure that all real 
     properties selected for disposal under this section are 
     listed on a website that shall--
       ``(1) be updated routinely; and
       ``(2) include the functionality to allow any member of the 
     public, at the option of the member, to receive updates of 
     the list through electronic mail.
       ``(e) Transfer of Property.--The Director may transfer real 
     property selected for disposal under this section to the 
     Department of Housing and Urban Development if the Secretary 
     of Housing and Urban Development determines that the real 
     property is suitable for use in assisting the homeless.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the item relating 
     to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.

     SEC. 909. PROHIBITION ON USE OF FEDERAL FUNDS TO PAY 
                   UNEMPLOYMENT COMPENSATION TO MILLIONAIRES.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, no Federal funds may be used to make payments of 
     unemployment compensation (including such compensation under 
     the Federal-State Extended Compensation Act of 1970 and the 
     emergency unemployment compensation program under title IV of 
     the of the Supplemental Appropriations Act, 2008) in a year 
     to an individual whose resources in the preceding year was 
     equal to or greater than $1,000,000. For purposes of the 
     preceding sentence, with respect to a year, an individual's 
     resources shall be determined in the same manner as a subsidy 
     eligible individual's resources are determined for the year 
     for purposes of the Medicare part D drug benefit under 
     section 1860D-14(a)(3)(E) of the Social Security Act (42 
     U.S.C. 1395w-114(a)(3)(E)).
       (b) Effective Date.--The prohibition under subsection (a) 
     shall apply to weeks of unemployment beginning on or after 
     January 1, 2011.

     SEC. 910. MANDATORY ELIMINATION OF DUPLICATIVE GOVERNMENT 
                   PROGRAMS.

       (a) Reducing Duplication.--The Director of the Office of 
     Management Budget and the Secretary of each Federal 
     Government agency (and the head of each independent agency) 
     shall work with the Chairman and ranking member of the 
     relevant congressional appropriations subcommittees and the 
     congressional authorizing committees and the Director of the 
     Office of Management Budget to consolidate programs with 
     duplicative goals, missions, and initiatives.
       (b) OMB Report.--Within 120 days after the date of 
     enactment of this section, the Director of the Office of 
     Management and Budget shall submit to Congress a list of 
     programs with duplicative goals, missions, and initiatives 
     with recommendations for consolidation or elimination.
       (c) Failure to Act.--If Congress takes no action to address 
     the recommendations submitted in subsection (b) within 60 
     days, Secretary of each Federal Government agency and the 
     head of each independent agency shall carry out the 
     recommendations as submitted to Congress.

     SEC. 911. COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                   FEDERAL GOVERNMENT.

       (a) In General.--Chapter 73 of title 5, United States Code, 
     is amended by adding at the end the following:

  ``SUBCHAPTER VIII--COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                           FEDERAL GOVERNMENT

     ``Sec. 7381. Collection of unpaid taxes from employees of the 
       Federal Government

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `seriously delinquent tax debt' means an 
     outstanding debt under the Internal Revenue Code of 1986 for 
     which a notice of lien has been filed in public records 
     pursuant to section 6323 of such Code, except that such term 
     does not include--
       ``(A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or section 7122 of such 
     Code; and
       ``(B) a debt with respect to which a collection due process 
     hearing under section 6330 of such Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of such Code, is 
     requested or pending; and
       ``(2) the term `Federal employee' means--
       ``(A) an employee, as defined by section 2105; and
       ``(B) an employee of the United States Congress, including 
     Members of the House of Representatives and Senators.
       ``(b) Collection of Unpaid Taxes.--The Internal Revenue 
     Service shall coordinate with the Department of Treasury and 
     the hiring agency of a Federal employee who has a seriously 
     delinquent tax debt to collect such taxes by withholding a 
     portion of the employee's salary over a period set by the 
     hiring agency to ensure prompt payment.''.
       (b) Clerical Amendment.--The analysis for chapter 73 of 
     title 5, United States Code, is amended by adding at the end 
     the following:

  ``subchapter viii--collection of unpaid taxes from employees of the 
                           federal government

``Sec. 7381. Collection of unpaid taxes from employees of the Federal 
              Government.''.

     SEC. 912. TEN PERCENT REDUCTION IN VOLUNTARY CONTRIBUTIONS TO 
                   THE UNITED NATIONS.

       Notwithstanding any other provision of law, of the funds 
     appropriated or otherwise made available for fiscal year 
     2011, voluntary contributions to the United Nations paid by 
     the United States shall not exceed an amount that is 10 
     percent less than the amount provided in fiscal year 2010.

     SEC. 913. LOW-PRIORITY CONSTRUCTION PROJECTS OF CORPS OF 
                   ENGINEERS.

       (a) Termination of Authority.--The authority to carry out 
     low-priority construction projects of the Corps of Engineers 
     is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for low-priority 
     construction projects of the Corps of Engineers that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the projects referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects 
     described in paragraph (1), as determined by the Secretary of 
     the Army, in consultation with other appropriate Federal 
     agencies.

[[Page S8862]]

     SEC. 914. TEN PERCENT REDUCTION IN INTERNATIONAL DEVELOPMENT 
                   AND HUMANITARIAN ASSISTANCE FUNDING.

       Notwithstanding any other provision of law, of the funds 
     appropriated or otherwise made available for fiscal year 
     2011, international development and humanitarian assistance 
     expenditures of the United States shall not exceed an amount 
     that is 10 percent less than the amount provided in fiscal 
     year 2010.

     SEC. 915. ELIMINATION OF THE SAFE AND DRUG-FREE SCHOOLS AND 
                   COMMUNITIES PROGRAM.

       (a) Repeal.--Part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is 
     repealed.
       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Safe and Drug-Free Schools and Communities 
     Program under part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.), as 
     in effect on the day before the date of enactment of this 
     Act, are rescinded and no funds appropriated hereafter for 
     such activities shall be expended, except as determined 
     necessary or essential by such Secretary, in consultation 
     with the appropriate Federal agencies.

     SEC. 916. RESCISSION OF AMOUNTS FOR ECONOMIC DEVELOPMENT 
                   ADMINISTRATION.

       Notwithstanding any other provision of law--
       (1) all amounts made available for programs, activities, 
     and grants of the Economic Development Administration that 
     remain unobligated as of the date of enactment of this Act 
     are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs, activities, and grants referred 
     to in paragraph (1) shall be expended, other than such 
     amounts as are necessary to cover costs incurred in 
     terminating such programs, activities, and grants, as 
     determined by the Secretary of Commerce, in consultation with 
     other appropriate Federal agencies.

     SEC. 917. DEPARTMENT OF JUSTICE WASTEFUL ACTIVITIES.

       Notwithstanding any other provision of law, 5 percent of 
     all unobligated balances held by the Attorney General as of 
     the date of enactment of this Act are rescinded to eliminate 
     wasteful activities of the Department of Justice.

     SEC. 918. RESCISSION OF AMOUNTS FOR HOLLINGS MANUFACTURING 
                   PARTNERSHIP PROGRAM AND BALDRIDGE PERFORMANCE 
                   EXCELLENCE PROGRAM.

       Notwithstanding any other provision of law--
       (1) all amounts made available for the Hollings 
     Manufacturing Partnership Program and the Baldridge 
     Performance Excellence Program that remain unobligated as of 
     the date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under such programs, as determined by the 
     Secretary of Commerce, in consultation with other appropriate 
     Federal agencies.

     SEC. 919. FOSSIL FUEL APPLIED RESEARCH.

       (a) Termination of Authority.--The authority of the 
     Secretary of Energy to carry out fossil fuel applied research 
     is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for fossil fuel applied 
     research described in subsection (a) that remain unobligated 
     as of the date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for research referred to in paragraph (1) shall 
     be expended, other than such amounts as are necessary to 
     cover costs incurred in terminating ongoing research 
     described in paragraph (1), as determined by the Secretary of 
     Energy, in consultation with other appropriate Federal 
     agencies.

     SEC. 920. CORPORATION FOR PUBLIC BROADCASTING.

       Notwithstanding any other provision of law, the portion of 
     all unobligated balances held by the Corporation for Public 
     Broadcasting that consists of Federal funds are rescinded and 
     no Federal funds appropriated hereafter for the Corporation 
     for Public Broadcasting shall be obligated or expended by 
     such Corporation.

     SEC. 921. FIFTEEN PERCENT REDUCTION IN FISCAL YEAR 2011 
                   FUNDING FOR THE DEPARTMENT OF DEFENSE FOR 
                   PROCUREMENT.

       Notwithstanding any other provision of law, the amount 
     available to the Department of Defense for fiscal year 2011 
     for procurement is the amount equal to the aggregate amount 
     otherwise authorized to be appropriated to the Department for 
     that fiscal year for procurement minus an amount equal to 15 
     percent of such aggregate amount.

     SEC. 922. TEN PERCENT REDUCTION IN FISCAL YEAR 2011 FUNDING 
                   FOR THE DEPARTMENT OF DEFENSE FOR RESEARCH, 
                   DEVELOPMENT, TEST, AND EVALUATION.

       Notwithstanding any other provision of law, the amount 
     available to the Department of Defense for fiscal year 2011 
     for research, development, test, and evaluation is the amount 
     equal to the aggregate amount otherwise authorized to be 
     appropriated to the Department for that fiscal year for 
     research, development, test, and evaluation minus an amount 
     equal to 10 percent of such aggregate amount.

     SEC. 923. REDUCTION IN DEPARTMENT OF DEFENSE SPENDING IN 
                   SUPPORT OF MILITARY INSTALLATIONS.

       The Secretary of Defense shall reduce the amount obligated 
     or expended in support of military installations through the 
     reduction or elimination of waste, fraud, and abuse 
     attributable to programs and activities related to such 
     support.

     SEC. 924. RESCISSION OF DIPLOMATIC AND CONSULAR PROGRAMS 
                   FUNDING.

       Ten percent of the funds appropriated or otherwise made 
     available to the Secretary of State for diplomatic and 
     consular programs and available for obligation as of the date 
     of the enactment of this Act is hereby rescinded.

     SEC. 925. ELIMINATION OF PROGRAM TO PAY INSTITUTIONS OF 
                   HIGHER EDUCATION FOR ADMINISTRATIVE EXPENSES 
                   RELATING TO STUDENT AID PROGRAM.

       (a) Repeal.--Section 489 of the Higher Education Act of 
     1965 (20 U.S.C. 1096) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for payments to institutions of higher education under 
     section 489 of the Higher Education Act of 1965 (20 U.S.C. 
     1096), as in effect on the day before the date of enactment 
     of this Act, are rescinded and no funds appropriated 
     hereafter for such payments shall be expended, except as 
     determined necessary or essential by such Secretary, in 
     consultation with the appropriate Federal agencies.

     SEC. 926. ELIMINATION OF GRANTS TO LARGE AND MEDIUM HUB 
                   AIRPORTS UNDER AIRPORT IMPROVEMENT PROGRAM.

       Notwithstanding any provision of subchapter I of chapter 
     471 of title 49, United States Code, or any other provision 
     of law--
       (1) no large hub airport or medium hub airport (as those 
     terms are defined in section 47102 of such title) may receive 
     a grant under the airport improvement program under such 
     subchapter;
       (2) all amounts made available for grants to large hub 
     airports or medium hub airports under the airport improvement 
     program that remain unobligated as of the date of the 
     enactment of this Act are rescinded; and
       (3) no amounts made available after the date of the 
     enactment of this Act for grants to large hub airports or 
     medium hub airports under the airport improvement program 
     shall be obligated or expended, other than such amounts as 
     are necessary to cover costs incurred in terminating ongoing 
     projects and activities under that program, as determined by 
     the Secretary of Transportation, in consultation with other 
     appropriate Federal agencies.

     SEC. 927. CONSOLIDATE ALL FEDERAL FIRE MANAGEMENT PROGRAMS 
                   AND REDUCING FUNDING BY 10 PERCENT.

       (a) Consolidation.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall consolidate all 
     fire management programs carried out under laws administered 
     by the Secretary.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) of amounts made available for programs consolidated 
     under subsection (a), the lesser of 10 percent of such 
     amounts, on the one hand, and the amount of such amounts that 
     remain unobligated as of the date of enactment of this Act, 
     on the other hand, are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating or reducing ongoing 
     projects and activities under such programs, as determined by 
     the Secretary of Homeland Security, in consultation with 
     other appropriate Federal agencies.

     SEC. 928. HIGH-ENERGY COST GRANT PROGRAM.

       (a) Repeal.--Section 19 of the Rural Electrification Act of 
     1936 (7 U.S.C. 918a) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the program carried out 
     under section 19 of the Rural Electrification Act of 1936 (7 
     U.S.C. 918a) (as in existence on the day before the date of 
     enactment of this Act) that remain unobligated as of the date 
     of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating the program described 
     in paragraph (1), as determined by the Secretary of 
     Agriculture, in consultation with other appropriate Federal 
     agencies.

     SEC. 929. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAMS.

       (a) Termination of Authority.--The authority to carry out 
     the resource conservation and development program of the 
     Natural Resources Conservation Service of the Department of 
     Agriculture is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the resource 
     conservation and development program of the Natural Resources 
     Conservation

[[Page S8863]]

     Service of the Department of Agriculture (as in existence on 
     the day before the date of enactment of this Act) that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under that program, as determined by the Secretary 
     of Agriculture, in consultation with other appropriate 
     Federal agencies.

     SEC. 930. REPEAL OF LEAP.

       (a) Repeal of LEAP.--Subpart 4 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for the Leveraging Educational Assistance Partnership Program 
     under subpart 4 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070c), as in effect on the day before 
     the date of enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such program shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 931. ELIMINATION OF THE B.J. STUPAK OLYMPIC SCHOLARSHIPS 
                   PROGRAM.

       (a) Repeal.--Section 1543 of the Higher Education 
     Amendments of 1992 (20 U.S.C. 1070 note) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the B.J. Stupak Olympic 
     Scholarships program under section 1543 of the Higher 
     Education Amendments of 1992 (20 U.S.C. 1070 note), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 932. REPEAL OF ROBERT C. BYRD HONORS SCHOLARSHIP 
                   PROGRAM.

       (a) Repeal of LEAP.--Subpart 6 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for the Robert C. Byrd Honors Scholarship Program under 
     subpart 6 of part A of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070c), as in effect on the day before the 
     date of enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such program shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 933. ELIMINATION OF THE HISTORIC WHALING AND TRADING 
                   PARTNERS PROGRAM.

       (a) Repeal.--Subpart 12 of part D of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7265 et seq.) is repealed.
       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Educational, Cultural, Apprenticeship, and 
     Exchange Programs for Alaska Natives, Native Hawaiians, and 
     Their Historical Whaling and Trading Partners in 
     Massachusetts under subpart 12 of part D of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7265 et seq.), as in effect on the day before the date of 
     enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such activities shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 934. ELIMINATION OF THE UNDERGROUND RAILROAD EDUCATIONAL 
                   AND CULTURAL PROGRAM.

       (a) Repeal.--Section 841 of the Higher Education Amendments 
     of 1998 (20 U.S.C. 1153) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the Underground Railroad 
     educational and cultural program under section 841 of the 
     Higher Education Amendments of 1998 (20 U.S.C. 1153), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 935. BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE.

       (a) In General.--Notwithstanding section 108(q) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5309(q)) or any other provision of law, the Secretary of 
     Housing and Urban Development may not make any competitive 
     economic development grants, as otherwise authorized by 
     section 108(q) of that Act, for Brownfields redevelopment 
     projects.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for grants described in 
     subsection (a) that remain unobligated as of the date of 
     enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for grants described in subsection (a) shall be 
     expended, other than such amounts as are necessary to cover 
     costs incurred in terminating ongoing projects and activities 
     under those grants, as determined by the Secretary of Housing 
     and Urban Development, in consultation with other appropriate 
     Federal agencies.

     SEC. 936. ELECTION REFORM GRANTS.

       (a) Termination of Authority.--The authority to make 
     requirements payments to States under part 1 of subtitle D of 
     title II of the Help America Vote Act of 2002 (42 U.S.C. 
     15401 et seq.) is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for such requirements 
     payments (as of the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for such requirements payments shall be expended, 
     other than such amounts as are necessary to cover costs 
     incurred in terminating ongoing projects and activities using 
     such requirements payments, as determined by the 
     Administrator of General Services, in consultation with other 
     appropriate Federal agencies.

     SEC. 937. ELECTION ASSISTANCE COMMISSION.

       (a) Termination of Authority.--The Election Assistance 
     Commission established under section 201 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15321) is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Election Assistance 
     Commission (as in existence on the day before the date of 
     enactment of this Act) that remain unobligated as of the date 
     of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the Commission described in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities of the Commission, as determined by the 
     Administrator of General Services, in consultation with other 
     appropriate Federal agencies.

     SEC. 938. EMERGENCY OPERATIONS CENTER GRANT PROGRAM.

       (a) Termination.--Section 614 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5196c) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law, all unobligated balances held by the Secretary of 
     Homeland Security for the emergency operations center grant 
     program under section 614 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5196c), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by the Secretary of Homeland Security, in 
     consultation with the appropriate Federal agencies.

     SEC. 939. ELIMINATION OF HEALTH CARE FACILITIES AND 
                   CONSTRUCTION PROGRAM.

       Notwithstanding any other provision of law, all unobligated 
     balances held by the Secretary of Health and Human Services 
     for health care facilities and construction are rescinded and 
     no funds appropriated hereafter for such activities shall be 
     expended, except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 940. HIGH PRIORITY SURFACE TRANSPORTATION PROJECTS.

       (a) In General.--Section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1256) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for high priority projects 
     under section 1702 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59; 119 Stat. 1256) (before the amendment 
     made by subsection (a)) that remain unobligated as of the 
     date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for high priority projects described in paragraph 
     (1) shall be expended, other than such amounts as are 
     necessary to cover costs incurred in terminating ongoing 
     projects and activities under those projects, as determined 
     by the Secretary of Transportation, in consultation with 
     other appropriate Federal agencies.

     SEC. 941. SAVE AMERICA'S TREASURES PROGRAM; PRESERVE AMERICA 
                   PROGRAM.

       (a) Repeals.--Sections 7302 and 7303 of the Omnibus Public 
     Land Management Act of 2009 (16 U.S.C. 469n, 469o) are 
     repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Save America's 
     Treasures Program or Preserve America Program that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under those programs, as determined by the 
     Secretary of the Interior in consultation with other 
     appropriate Federal agencies.

     SEC. 942. TARGETED WATER INFRASTRUCTURE GRANTS.

       (a) Termination of Authority.--The Targeted Watershed 
     Grants Program and the

[[Page S8864]]

     U.S.-Mexico Border Water Infrastructure Program of the 
     Environmental Protection Agency are terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Targeted Watershed 
     Grants Program and the U.S.-Mexico Border Water 
     Infrastructure Program of the Environmental Protection Agency 
     (as in existence on the day before the date of enactment of 
     this Act) that remain unobligated as of the date of enactment 
     of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) (as 
     so in existence) shall be expended, other than such amounts 
     as are necessary to cover costs incurred in terminating 
     ongoing projects and activities under those programs, as 
     determined by the Administrator of the Environmental 
     Protection Agency, in consultation with other appropriate 
     Federal agencies.

     SEC. 943. NATIONAL PARK SERVICE CHALLENGE COST SHARE PROGRAM.

       (a) Termination of Authority.--The authority to provide 
     Department of the Interior Challenge Cost Share Program 
     grants is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Department of the 
     Interior Challenge Cost Share Program (as in existence on the 
     day before the date of enactment of this Act) that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the Department of the Interior Challenge Cost 
     Share Program shall be expended, other than such amounts as 
     are necessary to cover costs incurred in terminating ongoing 
     projects and activities under the program, as determined by 
     the Secretary of the Interior in consultation with other 
     appropriate Federal agencies.

     SEC. 944. TERMINATION OF THE CONSTELLATION PROGRAM OF THE 
                   NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

       (a) Termination Required.--The Administrator of the 
     National Aeronautics and Space Administration shall terminate 
     the Constellation Program of the National Aeronautics and 
     Space Administration.
       (b) Disposition of Unobligated Funds.--
       (1) Rescission.--Except as provided in paragraph (2), any 
     funds available for obligation by the National Aeronautics 
     and Space Administration as of the date of the enactment of 
     this Act for the Constellation Program are hereby rescinded.
       (2) Availability for wind-up of program.--Funds described 
     in paragraph (1) may be utilized by the National Aeronautics 
     and Space Administration solely for costs related to the 
     winding-up of the provision of the Constellation Program.

     SEC. 945. DELTA HEALTH INITIATIVE.

       Notwithstanding any other provision of law, all unobligated 
     balances held by the Secretary of Health and Human Services 
     to carry out the Delta Health Initiative are rescinded and no 
     funds appropriated hereafter for such Initiative shall be 
     expended, except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 946. DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES 
                   GRANT PROGRAM.

       (a) Termination of Authority.--The authority to carry out 
     any health care services grant program of the Department of 
     Agriculture is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for any health care services 
     grant program of the Department of Agriculture (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under that program, as determined by the Secretary 
     of Agriculture, in consultation with other appropriate 
     Federal agencies.

     SEC. 947. ELIMINATION OF LOAN REPAYMENT FOR CIVIL LEGAL 
                   ASSISTANCE ATTORNEYS.

       (a) Repeal.--Section 428L of the Higher Education Act of 
     1965 (20 U.S.C. 1078-12) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the Repayment for Civil Legal 
     Assistance Attorneys program under section 428L of the Higher 
     Education Act of 1965 (20 U.S.C. 1078-12), as in effect on 
     the day before the date of enactment of this Act, are 
     rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 948. TARGETED AIR SHED GRANT PROGRAM.

       (a) Termination of Authority.--The Targeted Air Shed Grant 
     Program of the Environmental Protection Agency is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Targeted Air Shed 
     Grant Program of the Environmental Protection Agency (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) (as 
     so in existence) shall be expended, other than such amounts 
     as are necessary to cover costs incurred in terminating 
     ongoing projects and activities under that program, as 
     determined by the Administrator of the Environmental 
     Protection Agency, in consultation with other appropriate 
     Federal agencies.

     SEC. 949. REQUIRING TRANSPARENCY AND ENSURING NO SPECIAL 
                   TREATMENT FOR THE AARP OR AMA.

       (a) Requirement.--Notwithstanding any other provision of 
     law, no Federal grants or contracts may be made available to 
     the AARP or the American Medical Association (commonly 
     referred to as the ``AMA'') for fiscal year 2011 or any 
     fiscal year thereafter unless awarded by a competitive 
     bidding process.
       (b) Disclosure Conditions.--Any physician trade and 
     lobbying organization partnering with the Federal Government 
     by participating in technical reviews, making health care 
     payment policy recommendations, representing physician 
     interests on advisory panels, or otherwise representing 
     physicians in matters being reviewed or examined by the 
     Department of Health and Human Services shall disclose the 
     following:
       (1) The number of dues paying physician-members the 
     organization currently represents.
       (2) The professional status of such members, whether said 
     physicians are currently practicing medicine, teaching, 
     retired, or a medical student in residency.
       (c) Membership Requirement.--No physician trade and 
     lobbying organization shall be eligible to participate in 
     activities listed in subsection (b) unless such organizations 
     have a membership composed of at least 50 percent of 
     currently-practicing physicians in the same calendar year. 
     The requirement of the preceding sentence shall apply to all 
     physician trade organizations, regardless of whether the 
     organization is a State, regional, or national organization, 
     and regardless of what specialty or practice areas said 
     organizations represent.
       (d) Requirement for Certain Medigap Sellers or Issuers.--
     Sellers or issuers of medicare supplemental policies under 
     section 1882 of the Social Security Act (42 U.S.C. 1395ss) 
     that constitute more than 20 percent of the market share of 
     the previous fiscal year shall be required to spend at least 
     80 percent of their premium dollars on medical claims to 
     ensure value for seniors.

    Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

     SEC. 960. FINDINGS.

       Congress makes the following findings:
       (1) The Medicare program loses an estimated $60,000,000,000 
     annually to wasted and fraudulent payments.
       (2) The Medicaid program also suffers from rampant fraud. 
     As the Office of the Inspector General of the Department of 
     Health and Human Services noted in 2009, in an analysis of 
     the only source of nationwide Medicaid claims and beneficiary 
     eligibility information, the Medicaid Statistical Information 
     System, the Federal Government does not have ``timely, 
     accurate, or comprehensive information for fraud, waste, and 
     abuse detection'' in the Medicaid program.
       (3) Absent comprehensive estimates, the Medicaid program's 
     improper payment rate may be the most objective measure of 
     taxpayer dollars lost to fraud. The national average improper 
     payment rate ranges between 8.7 percent and 10.5 percent, but 
     many States have much higher improper payment rates.
       (4) The new Federal health reform law substantially expands 
     the Medicaid program, significantly changes the Medicare 
     program, creates new mandates and regulations, and will send 
     hundreds of billions of dollars to insurance companies.
       (5) It is the duty of public officials and public servants 
     in Congress and the Administration to protect the American 
     public's taxpayer dollars. Congress and the Administration 
     must continue to aggressively combat waste, fraud, and abuse 
     in public health care programs.
       (6) The Inspector General of the Department of Health and 
     Human Services has stated that ``swift and effective 
     detection of and response to waste, fraud, and abuse remain 
     an essential program integrity strategy''. Furthermore, the 
     Inspector General noted that ``effective use of Medicare and 
     Medicaid data is critical to the success of the Government's 
     efforts to reduce waste, fraud, and abuse''.
       (7) The loss of taxpayer dollars due to waste and fraud 
     under the Medicare and Medicaid programs not only threatens 
     the financial viability of those programs, it erodes the 
     public trust. American taxpayers should not be expected to 
     tolerate rampant waste, fraud, and abuse in publicly funded 
     health care programs.
       (8) Congress supports the commitment of the Office of the 
     Inspector General of the Department of Health and Human 
     Services to ``enhancing existing data analysis and mining 
     capabilities and employing advanced techniques such as 
     predictive analytics and social network analysis, to counter 
     new and existing fraud schemes''.
       (9) Congress supports the use of predictive modeling and 
     other smart technologies that can transform the current ``pay 
     and chase''

[[Page S8865]]

     payment cultures under the Medicare and Medicaid programs and 
     prevent taxpayer dollars from being lost to waste, fraud, and 
     abuse.

     SEC. 961. TRACKING EXCLUDED PROVIDERS ACROSS STATE LINES.

       (a) Greater Coordination.--In order to ensure that 
     providers of services and suppliers that have operated in one 
     State and are excluded from participation in the Medicare 
     program are unable to begin operation and participation in 
     other Federal health care programs in another State, the 
     Secretary shall provide for increased coordination between 
     the following:
       (1) The Administrator of the Centers for Medicare & 
     Medicaid Services.
       (2) Regional offices of the Centers for Medicare & Medicaid 
     Services.
       (3) Medicare administrative contractors, fiscal 
     intermediaries, and carriers.
       (4) State health agencies, State plans under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.), State plans 
     under title XXI of such Act (42 U.S.C. 1397aa et seq.), and 
     entities that contract with such agencies and plans, as 
     directed by the Secretary.
       (5) The Federation of State Medical Boards.
       (b) Improved Information Systems.--
       (1) In general.--The Secretary shall improve information 
     systems to allow greater integration between databases under 
     the Medicare program so that--
       (A) Medicare administrative contractors, fiscal 
     intermediaries, and carriers have immediate access to 
     information identifying providers and suppliers excluded from 
     participation in the Medicare program, the Medicaid program 
     under title XIX of the Social Security Act, the State 
     Children's Health Insurance Program under title XXI of such 
     Act, and other Federal health care programs; and
       (B) such information can be shared on a real-time basis, in 
     accordance with protocols established under subsection 
     (g)(2)--
       (i) across Federal health care programs and agencies, 
     including between the Department of Health and Human 
     Services, the Social Security Administration, the Department 
     of Veterans Affairs, the Department of Defense, the 
     Department of Justice, and the Office of Personnel 
     Management; and
       (ii) with State health agencies, State plans under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
     State child health plans under title XXI of such Act (42 
     U.S.C. 1397aa et seq.), and entities that contract with such 
     agencies and plans, as directed by the Secretary.
       (2) Sharing of information in addition to heat efforts.--
     The information shared under paragraph (1) shall be in 
     addition to, and shall not replace, activities of the Health 
     Care Fraud Prevention and Enforcement Action Team (HEAT) 
     established by the Attorney General and the Department of 
     Health and Human Services.
       (3) Appropriate coordination.--In implementing this 
     subsection, the Secretary shall provide for the maximum 
     appropriate coordination with the process established under 
     section 6401(b)(2) of the Patient Protection and Affordable 
     Care Act (Public Law 111-09148).
       (c) ``One PI'' Database for Medicare, Medicaid, and CHIP.--
       (1) In general.--The Secretary shall--
       (A) continue to upload Medicare claims, provider, and 
     beneficiary data into the Integrated Data Repository under 
     section 1128J(a)(1) of the Social Security Act, as added by 
     section 6402(a) of the Patient Protection and Affordable Care 
     Act until such time as the Secretary determines that the 
     Integrated Data Repository is completed; and
       (B) fully implement the waste, fraud, and abuse detection 
     solution of the Centers for Medicare & Medicaid Services, 
     called the ``One PI project'' (in this subsection referred to 
     as the ``project'') by not later than January 1, 2013.
       (2) Access.--The Secretary, in consultation with Inspector 
     General of the Department of Health and Human Services, may 
     allow stakeholders who combat, or could assist in combating, 
     waste, fraud, and abuse under Federal health care programs to 
     have access to the One PI system established under the 
     project. Such stakeholders may include the Director of the 
     Federal Bureau of Investigation, the Comptroller General of 
     the United States, Medicare administrative contractors, 
     fiscal intermediaries, and carriers.
       (d) Federal and State Agency Access to National 
     Practitioner Data Bank.--For purposes of enhancing data 
     sharing in order to identify programmatic weaknesses and 
     improving the timeliness of analysis and actions to prevent 
     waste, fraud, and abuse, relevant Federal and State agencies, 
     including the Department of Health and Human Services, the 
     Department of Justice, State departments of health, State 
     Medicaid plans under title XIX of the Social Security Act, 
     State child health plans under title XXI of such Act, and 
     State medicaid fraud control units (as described in section 
     1903(q) of the Social Security Act (42 U.S.C. 1396b(q))), 
     shall have real-time access to the National Practitioner Data 
     Bank, as directed by the Secretary. The Secretary may, in 
     consultation with the Inspector General of the Department of 
     Health and Human Services, give such real-time access to 
     State attorneys general and State and local law enforcement 
     agencies.
       (e) Access to Claims and Payment Databases.--Section 
     1128J(a)(2) of the Social Security Act, as added by section 
     6402(a) of the Patient Protection and Affordable Care Act 
     (Public Law 111-09148) is amended--
       (1) by striking ``databases.--For purposes'' and inserting 
     ``databases.--
       ``(A) Access for the conduct of law enforcement and 
     oversight activities.--For purposes'';
       (2) in subparagraph (A), as added by paragraph (1), by 
     inserting ``, including the Integrated Data Repository under 
     paragraph (1)'' before the period at the end; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Access to reduce waste, fraud, and abuse.--For 
     purposes of reducing waste, fraud, and abuse, and to the 
     extent consistent with applicable information, privacy, 
     security, and disclosure laws, including the regulations 
     promulgated under the Health Insurance Portability and 
     Accountability Act of 1996 and section 552a of title 5, 
     United States Code, and subject to any information systems 
     security requirements under such laws or otherwise required 
     by the Secretary, the Secretary, in consultation with the 
     Inspector General of the Department of Health and Human 
     Services, may allow State Medicaid fraud control units and 
     State and local law enforcement officials to have access to 
     claims and payment data of the Department of Health and Human 
     Services and its contractors related to titles XVIII, XIX, 
     and XXI, including the Integrated Data Repository under 
     paragraph (1).''.
       (f) Ensuring Data Is Uploaded to the IDR on a Daily 
     Basis.--Section 1128J(a)(1) of the Social Security Act, as 
     added by section 6402(a) of the Patient Protection and 
     Affordable Care Act (Public Law 111-09148) is amended by 
     adding at the end the following new subparagraph:
       ``(C) Uploading of medicare claims data on a daily basis.--
     All Medicare claims data shall be uploaded into the 
     Integrated Data Repository on a daily basis.''.
       (g) Real-Time Access to Data.--
       (1) In general.--The Secretary shall ensure that any data 
     provided to an entity or individual under the provisions of 
     or amendments made by this section is provided to such entity 
     or individual on a real-time basis, in accordance with 
     protocols established by the Secretary under paragraph (2). 
     The Secretary shall consult with the Inspector General of the 
     Department of Health and Human Services prior to implementing 
     this subsection.
       (2) Protocols.--
       (A) In general.--The Secretary shall establish protocols to 
     ensure the secure transfer and storage of any data provided 
     to another entity or individual under the provisions of or 
     amendments made by this section.
       (B) Consideration of hhs oig recommendations.--In 
     establishing protocols under subparagraph (A), the Secretary 
     shall take into account recommendations submitted to the 
     Secretary by the Inspector General of the Department of 
     Health and Human Services with respect to the secure transfer 
     and storage of such data.
       (h) GAO Study and Report on Use of Federation of State 
     Medical Boards To Strengthen Enrollment Integrity 
     Processes.--
       (1) Study.--The Comptroller General of the United States 
     shall, in consultation with the Federation of State Medical 
     Boards, conduct a study on whether and, if so, to what 
     degree, such Federation may be useful to the Secretary in 
     further strengthening the integrity of processes for 
     enrolling providers of services and suppliers under Federal 
     health care programs.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report containing the 
     results of the study conducted under paragraph (1), together 
     with recommendations for such legislation and administrative 
     action as the Comptroller General determines appropriate.
       (i) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Centers for Medicare & Medicaid 
     Services.
       (2) CHIP.--The term ``CHIP'' means the State Children's 
     Health Insurance Program under title XXI of the Social 
     Security Act (42 U.S.C. 1397aa et seq.).
       (3) Federal health care program.--The term ``Federal health 
     care program'' has the meaning given such term in section 
     1128B(f) of the Social Security Act (42 U.S.C. 1320a-
     097b(f)).
       (4) HHS oig.--The term ``HHS OIG'' means the Inspector 
     General of the Department of Health and Human Services.
       (5) Medicare administrative contractors, fiscal 
     intermediaries, and carriers.--The term ``Medicare 
     administrative contractors, fiscal intermediaries, and 
     carriers'' includes zone program integrity contractors, 
     program safeguard or integrity contractors, recovery audit 
     contractors under section 1893(h) of the Social Security Act 
     (42 U.S.C. 1395ddd(h)), and special investigative units at 
     Medicare contractors (as defined in section 1889(g) of the 
     Social Security Act (42 U.S.C. 1395zz(g))).
       (6) Medicare program.--The term ``Medicare program'' means 
     the program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.).
       (7) Provider of services.--The term ``provider of 
     services'' has the meaning given

[[Page S8866]]

     such term in section 1861(u) of the Social Security Act (42 
     U.S.C. 1395x(u)).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (9) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, and American Samoa.
       (10) Supplier.--The term ``supplier'' has the meaning given 
     such term in section 1861(d) of the Social Security Act (42 
     U.S.C. 1395x(d)).

     SEC. 962. ACCESS FOR PRIVATE SECTOR AND GOVERNMENTAL 
                   ENTITIES.

       (a) In General.--Title XI of the Social Security Act (42 
     U.S.C. 1301 et seq.), as amended by section 6402(a) of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     09148), is amended by inserting after section 1128J the 
     following new section:


        ``expanded access to the national practitioner data bank

       ``Sec. 1128K.  (a) Expanded Access.--
       ``(1) In general.--The information in the National 
     Practitioner Data Bank established pursuant to the Health 
     Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et 
     seq.) may be available on a real-time basis, in accordance 
     with protocols established by the Secretary under subsection 
     (b), to--
       ``(A) Federal and State government agencies and health 
     plans, commercial health plans, and any health care provider, 
     supplier, or practitioner entering an employment or 
     contractual relationship with an individual or entity who has 
     been subject to a final adverse action in the past 10 years, 
     where the contract involves the furnishing of items or 
     services reimbursed by 1 or more Federal health care programs 
     (regardless of whether the individual or entity is paid by 
     the programs directly, or whether the items or services are 
     reimbursed directly or indirectly through the claims of a 
     direct provider); and
       ``(B) utilization and quality control peer review 
     organizations and accreditation entities as defined by the 
     Secretary, including but not limited to organizations 
     described in part B of this title and in section 
     1154(a)(4)(C).
       ``(2) No effect on access under other applicable law; 
     appropriate coordination.--Nothing in this section shall 
     affect the availability of information in the National 
     Practitioner Data Bank under other applicable law, including 
     the availability of such information to entities or 
     individuals under part B of the Health Care Quality 
     Improvement Act of 1986 (42 U.S.C. 11131 et seq.). In 
     implementing this section, the Secretary shall provide for 
     the maximum appropriate coordination with such part.
       ``(b) Protocols.--The Secretary shall establish protocols 
     to ensure the secure transfer and storage of data made 
     available under this section. In establishing such protocols 
     the Secretary shall take into account recommendations 
     submitted to the Secretary by the Inspector General of the 
     Department of Health and Human Services and the National 
     Association of Insurance Commissioners with respect to the 
     secure transfer and storage of such data, the establishment 
     or approval of a fee structure under subsection (c), and the 
     establishment of user access protocols.
       ``(c) Fees for Disclosure.--
       ``(1) In general.--
       ``(A) Fees.--Subject to paragraph (2), the Secretary may 
     establish or approve reasonable fees for the disclosure of 
     information under this section, including with respect to 
     requests by Federal agencies or other entities, such as 
     fiscal intermediaries and carriers, acting under contract on 
     behalf of such agencies.
       ``(B) Establishment or approval of fee amounts.--In 
     establishing or approving the amount of such fees, the 
     Secretary shall ensure that the total amount of the fees to 
     be collected is equal to the total costs of processing the 
     requests for disclosure and of providing such information. 
     Such fees shall be available to the Secretary to cover such 
     costs.
       ``(C) For-profit entities.--The Secretary may allow for-
     profit entities to receive data under this section for a fee 
     that is comparable to the fee charged to a Federal agency or 
     other entity under subparagraph (A) with respect to a similar 
     request.
       ``(2) Free access to certain data.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Fighting Fraud and Abuse to Save Taxpayers' 
     Dollars Act, for purposes of identifying additional 
     strategies and tools to combat waste, fraud, and abuse, the 
     Secretary--
       ``(i) establish protocols to ensure the secure transmission 
     of data under this section; and
       ``(ii) may ensure nonprofit academic, policy, and research 
     institutions have access to data from the National 
     Practitioner Data Bank.
       ``(B) Access free of charge.--Data shall be provided under 
     subparagraph (A)(ii) free of charge to academic, policy, and 
     research institutions.
       ``(C) Requirement.--Any academic, policy, or research 
     institution that is provided data under subparagraph (A)(ii) 
     shall, as a condition of receiving such data, be required to 
     share with the Secretary any findings using such data to 
     combat waste, fraud, and abuse (in a form and manner of the 
     academic, policy, or research institution's choosing).
       ``(d) Establishment of Appeals Process.--
       ``(1) In general.--The Secretary shall establish a 
     transparent and responsive appeals process under which a 
     provider of services or supplier may have their name removed 
     from the National Practitioner Data Bank. Under such process, 
     appeals shall be conducted in a timely manner (not more than 
     90 days after the earlier of the date of the listing in the 
     National Practitioner Data Bank or the issuance of any 
     penalty involved) in order to minimize the time that 
     providers of services or suppliers who successfully appeal 
     are excluded from participation under the programs under 
     titles XVIII and XIX.
       ``(2) Consultation.--The Secretary shall consult with major 
     colleges of medical practice in the United States, commercial 
     health plans, the Inspector General of the Department of 
     Health and Human Services, the National Association of 
     Insurance Commissioners, and the Federation of State Medical 
     Boards in establishing the appeals process under paragraph 
     (1).
       ``(e) Definitions.--In this section:
       ``(1) Commercial health plan.--The term `commercial health 
     plan' means health insurance coverage (as defined in section 
     2791 of the Public Health Service Act and including group 
     health plans).
       ``(2) Final adverse action.--The term `final adverse 
     action' means one or more of the following actions:
       ``(A) A Medicare-imposed revocation of any Medicare billing 
     privileges.
       ``(B) Suspension or revocation of a license to provide 
     health care by any State licensing authority.
       ``(C) A conviction of a Federal or State felony offense 
     within the last 10 years preceding enrollment, revalidation, 
     or re-enrollment.
       ``(D) An exclusion or debarment from participation in a 
     Federal or State health care program.''.
       (b) Criminal Penalty for Misuse of Information Disclosed.--
     Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-
     097b(b)) is amended by adding at the end the following:
       ``(4) Whoever knowingly uses information disclosed from the 
     National Practitioner Data Bank under section 1128K for a 
     purpose other than those authorized under that section shall 
     be imprisoned for not more than 3 years or fined under title 
     18, United States Code, or both.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

     SEC. 963. LIABILITY OF MEDICARE ADMINISTRATIVE CONTRACTORS 
                   FOR CLAIMS SUBMITTED BY EXCLUDED PROVIDERS.

       (a) Reimbursement to the Secretary for Amounts Paid to 
     Excluded Providers.--Section 1874A(b) of the Social Security 
     Act (42 U.S.C. 1395kk(b)) is amended by adding at the end the 
     following new paragraph:
       ``(6) Reimbursements to secretary for amounts paid to 
     excluded providers.--
       ``(A) Limitation.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary shall not enter into a contract with a Medicare 
     administrative contractor under this section unless the 
     contractor agrees to reimburse the Secretary for any amounts 
     paid by the contractor for with respect to any item or 
     service (other than an emergency item or service, not 
     including items or services furnished in an emergency room of 
     a hospital) which is furnished--

       ``(I) by an individual or entity during the period when 
     such individual or entity is excluded pursuant to section 
     1128, 1128A, 1156 or 1842(j)(2) from participation in the 
     program under this title; or
       ``(II) at the medical direction or on the prescription of a 
     physician during the period when he is excluded pursuant to 
     section 1128, 1128A, 1156 or 1842(j)(2) from participation in 
     the program under this title and when the person furnishing 
     such item or service knew or had reason to know of the 
     exclusion (after a reasonable time period after reasonable 
     notice has been furnished to the person).

       ``(ii) Exception.--Where a Medicare administrative 
     contractor pays a claim for payment for items or services 
     furnished by an individual or entity excluded from 
     participation in the programs under this title, pursuant to 
     section 1128, 1128A, 1156, or l866, and such Medicare 
     administrative contractor did not know or have reason to know 
     that such individual or entity was so excluded, then, to the 
     extent permitted by this title, and notwithstanding such 
     exclusion, the contractor shall not be required to reimburse 
     the Secretary under clause (i) for any amounts paid with 
     respect to such items or services. In each such case the 
     Secretary shall notify the contractor of the exclusion of the 
     individual or entity furnishing the items or services. A 
     Medicare administrative contractor shall not make payment for 
     items or services furnished by an excluded individual or 
     entity to a beneficiary after a reasonable time (as 
     determined by the Secretary in regulations) after the 
     Secretary has notified the contractor of the exclusion of 
     that individual or entity.
       ``(B) Requirement to review claims.--A Medicare 
     administrative contractor shall review claims submitted to 
     the contractor for payment for services under this title in 
     order to ensure that such services were not furnished by an 
     individual or entity during any period for which the 
     individual or entity is excluded from such participation (as 
     described in subparagraph (A)).''.

[[Page S8867]]

       (b) Report on Effectiveness and Development of Scorecard 
     and Measurable Performance Metrics for Medicare 
     Contractors.--
       (1) Report.--
       (A) In general.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to Congress a report on the overall 
     effectiveness and potential of Medicare contractors.
       (B) Contents of report.--The report submitted under 
     subparagraph (A) shall include the Secretary's 
     recommendations for the development of measurable performance 
     metrics and a scorecard for Medicare contractors (or, in the 
     case of Medicare administrative contractors, updated and 
     revised measurable performance metrics and a revised 
     scorecard), together with recommendations for such 
     legislation and administrative action as the Secretary 
     determines appropriate.
       (2) Consultation.--The Secretary shall consult with 
     Medicare contractors, the Inspector General of the Department 
     of Health and Human Services, private sector waste, fraud, 
     and abuse experts, and entities with experience combating and 
     preventing waste, fraud, and abuse, including through the 
     review of Medicare claims, in preparing the report submitted 
     under paragraph (1).
       (3) Medicare contractors defined.--In this subsection, the 
     term ``Medicare contractor'' means any of the following:
       (A) A Medicare administrative contractor under section 
     1874A of the Social Security Act.
       (B) A Medicare Program Safeguard Contractor.
       (C) A Zone Program Integrity Contractor.
       (D) A Medicare Drug Integrity Contractor.
       (c) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to claims for reimbursement submitted on or after 
     the date of enactment of this Act.
       (2) Contract modification.--The Secretary of Health and 
     Human Services shall take such steps as may be necessary to 
     modify contracts entered into, renewed, or extended prior to 
     the date of enactment of this Act to conform such contracts 
     to the provisions of and amendments made by this section.

     SEC. 964. LIMITING THE DISCHARGE OF DEBTS IN BANKRUPTCY 
                   PROCEEDINGS IN CASES WHERE A HEALTH CARE 
                   PROVIDER OR A SUPPLIER ENGAGES IN FRAUDULENT 
                   ACTIVITY.

       (a) In General.--
       (1) Civil monetary penalties.--Section 1128A(a) of the 
     Social Security Act (42 U.S.C. 1320a-097a(a)) is amended by 
     adding at the end the following: ``Notwithstanding any other 
     provision of law, amounts made payable under this section are 
     not dischargeable under section 727, 944, 1141, 1228, or 1328 
     of title 11, United States Code, or any other provision of 
     such title.''.
       (2) Recovery of overpayment to providers of services under 
     part a.--Section 1815(d) of the Social Security Act (42 
     U.S.C. 1395g(d)) is amended--
       (A) by inserting ``(1)'' after ``(d)''; and
       (B) by adding at the end the following:
       ``(2) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title if 
     the overpayment was the result of fraudulent activity, as may 
     be defined by the Secretary.''.
       (3) Recovery of overpayment of benefits under part b.--
     Section 1833(j) of the Social Security Act (42 U.S.C. 
     1395l(j)) is amended--
       (A) by inserting ``(1)'' after ``(j)''; and
       (B) by adding at the end the following:
       ``(2) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title if 
     the overpayment was the result of fraudulent activity, as may 
     be defined by the Secretary.''.
       (4) Collection of past-due obligations arising from breach 
     of scholarship and loan contract.--Section 1892(a) of the 
     Social Security Act (42 U.S.C. 1395ccc(a)) is amended by 
     adding at the end the following:
       ``(5) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to bankruptcy petitions filed after the date of 
     enactment of this Act.

     SEC. 965. PREVENTION OF WASTE, FRAUD, AND ABUSE IN THE 
                   MEDICAID AND CHIP PROGRAMS.

       (a) Detection of Fraudulent Identification Numbers Within 
     the Medicaid and CHIP Programs.--
       (1) Medicaid.--Section 1903(i) of the Social Security Act 
     (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of 
     the Patient Protection and Affordable Care Act (Public Law 
     111-09148), is amended--
       (A) in paragraph (25), by striking ``or'' at the end;
       (B) in paragraph (26), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(27) with respect to amounts expended for an item or 
     service for which medical assistance is provided under the 
     State plan or under a waiver of such plan unless the claim 
     for payment for such item or service contains--
       ``(A) a valid beneficiary identification number that, for 
     purposes of the individual who received such item or service, 
     has been determined by the State agency to correspond to an 
     individual who is eligible to receive benefits under the 
     State plan or waiver; and
       ``(B) a valid National Provider Identifier that, for 
     purposes of the provider that furnished such item or service, 
     has been determined by the State agency to correspond to a 
     participating provider that is eligible to receive payment 
     for furnishing such item or service under the State plan or 
     waiver.''.
       (2) CHIP.--Section 2107(e)(1)(I) of the Social Security Act 
     (42 U.S.C. 1397gg(e)(1)(I)) is amended by striking ``and 
     (17)'' and inserting ``(17), and (27)''.
       (b) Screening Requirements for Managed Care Entities.--
       (1) In general.--Section 1902 of the Social Security Act 
     (42 U.S.C. 1396a) is amended--
       (A) by redesignating the second subsection (ii), as added 
     by section 6401(b)(1)(B) of the Patient Protection and 
     Affordable Care Act, as subsection (kk) of such section; and
       (B) in subsection (kk), as so redesignated--
       (i) by redesignating paragraph (8) as paragraph (9); and
       (ii) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) Managed care entities.--The State establishes 
     procedures to ensure that any managed care entity (as defined 
     in section 1932(a)(1)(B)) under contract with the State 
     complies with all applicable requirements under this 
     subsection.''.
       (2) Medicaid managed care organizations.--Section 
     1903(m)(2)(A) of the Social Security Act (42 U.S.C. 
     1396b(m)(2)(A)) is amended--
       (A) in clause (xii), by striking ``and'' at the end;
       (B) in clause (xiii), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following new clause:
       ``(xiv) such contract requires that the entity comply with 
     any applicable screening, oversight, and reporting 
     requirements under section 1902(kk).''.
       (3) Managed care entities.--Section 1932(d) of the Social 
     Security Act (42 U.S.C. 1396u-092(d)) is amended by adding at 
     the end the following new paragraph:
       ``(5) Compliance with screening, oversight, and reporting 
     requirements.--A managed care entity shall comply with any 
     applicable screening, oversight, and reporting requirements 
     under section 1902(kk).''.
       (c) Required Database Checks.--Clause (i) of section 
     1866(j)(2)(B) of the Social Security Act (42 U.S.C. 
     1395cc(j)(2)(B)) is amended to read as follows:
       ``(i) shall include--

       ``(I) a licensure check, which may include such checks 
     across States; and
       ``(II) for purposes of the Medicaid program under title 
     XIX--

       ``(aa) database checks (including such checks across 
     States), which shall include--
       ``(AA) the Medicaid Statistical Information System (as 
     described in section 1903(r)(1)(F)); and
       ``(BB) any relevant medical databases that are maintained 
     by the State agencies, as determined by the Secretary in 
     consultation with the directors of the State agencies; and
       ``(bb) coordination of excluded provider lists between the 
     Secretary and the State agency, including exchanges of data 
     regarding excluding providers between Federal and State 
     databases; and''.
       (d) Technical Corrections.--Section 1902 of the Social 
     Security Act (42 U.S.C. 1396a), as amended by subsection 
     (b)(1), is further amended--
       (1) in subsection (a)--
       (A) in paragraph (23), by striking ``subsection (ii)(4)'' 
     and inserting ``subsection (kk)(4)''; and
       (B) in paragraph (77), by striking ``subsection (ii)'' and 
     inserting ``subsection (kk)''; and
       (2) in subsection (kk), by striking ``section 1886'' each 
     place it appears and inserting ``section 1866''.

     SEC. 966. ILLEGAL DISTRIBUTION OF A MEDICARE, MEDICAID, OR 
                   CHIP BENEFICIARY IDENTIFICATION OR BILLING 
                   PRIVILEGES.

       Section 1128B(b) of the Social Security Act (42 U.S.C. 
     1320a-097b(b)), as amended by section 962(b), is amended by 
     adding at the end the following:
       ``(5) Whoever knowingly, intentionally, and with the intent 
     to defraud purchases, sells or distributes, or arranges for 
     the purchase, sale, or distribution of a Medicare, Medicaid, 
     or CHIP beneficiary identification number or billing 
     privileges under title XVIII, title XIX, or title XXI shall 
     be imprisoned for not more than 10 years or fined not more 
     than $500,000 ($1,000,000 in the case of a corporation), or 
     both.''.

     SEC. 967. PILOT PROGRAM FOR THE USE OF UNIVERSAL PRODUCT 
                   NUMBERS ON CLAIM FORMS FOR REIMBURSEMENT UNDER 
                   THE MEDICARE PROGRAM.

       (a) Establishment.--
       (1) In general.--Not later than January 1, 2013, the 
     Secretary shall establish a pilot program under which claims 
     for reimbursement under the Medicare program for UPN covered 
     items contain the universal product number of the UPN covered 
     item.
       (2) Duration.--The pilot program under this section shall 
     be conducted for a 2-year period.

[[Page S8868]]

       (3) Consideration of gao recommendations.--The Secretary 
     shall take into account the recommendations of the 
     Comptroller General of the United States in establishing the 
     pilot program under this section.
       (b) Development and Implementation of Procedures.--
       (1) Information included in upn.--The Secretary, in 
     consultation with manufacturers and entities with appropriate 
     expertise, shall determine the relevant descriptive 
     information appropriate for inclusion in a universal product 
     number for a UPN covered item under the pilot program.
       (2) Review of procedure.--The Secretary, in consultation 
     with interested parties (which shall, at a minimum, include 
     the Inspector General of the Department of Health and Human 
     Services and private sector and health industry experts), 
     shall use information obtained under the pilot program 
     through the use of universal product numbers on claims for 
     reimbursement under the Medicare program to periodically 
     review the UPN covered items billed under the Health Care 
     Financing Administration Common Procedure Coding System and 
     adjust such coding system to ensure that functionally 
     equivalent UPN covered items are billed and reimbursed under 
     the same codes.
       (c) GAO Reports to Congress on Effectiveness of 
     Implementation of Pilot Program.--
       (1) Initial report.--Not later than 6 months after the 
     implementation of the pilot program under this section, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the effectiveness of such 
     implementation.
       (2) Final report.--Not later than 18 months after the 
     completion of the pilot program under this section, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the effectiveness of the pilot program, 
     together with recommendations regarding the use of universal 
     product numbers and the use of data obtained from the use of 
     such numbers, and recommendations for such legislation and 
     administrative action as the Comptroller General determines 
     appropriate.
       (d) Use of Available Funding.--The Secretary shall use 
     amounts available in the Centers for Medicare & Medicaid 
     Services Program Management Account or in the Health Care 
     Fraud and Abuse Control Account under section 1817(k) of the 
     Social Security Act (42 U.S.C. 1395i(k)) to carry out the 
     pilot program under this section.
       (e) Definitions.--In this section:
       (1) Medicare program.--The term ``Medicare program'' means 
     the program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (3) Universal product number.--The term ``universal product 
     number'' means a number that is--
       (A) affixed by the manufacturer to each individual UPN 
     covered item that uniquely identifies the item at each 
     packaging level; and
       (B) based on commercially acceptable identification 
     standards such as, but not limited to, standards established 
     by the Uniform Code Council--International Article Numbering 
     System or the Health Industry Business Communication Council.
       (4) UPN covered item.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``UPN covered item'' means--
       (i) a covered item as that term is defined in section 
     1834(a)(13) of the Social Security Act (42 U.S.C. 
     1395m(a)(13));
       (ii) an item described in paragraph (8) or (9) of section 
     1861(s) of such Act (42 U.S.C. 1395x);
       (iii) an item described in paragraph (5) of such section 
     1861(s); and
       (iv) any other item for which payment is made under this 
     title that the Secretary determines to be appropriate.
       (B) Exclusion.--The term ``UPN covered item'' does not 
     include a customized item for which payment is made under 
     this title.

     SEC. 968. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT 
                   NUMBERS ON MEDICARE CARDS.

       (a) In General.--Section 205(c)(2)(C) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(C)), as amended by section 
     1414(a)(2) of the Patient Protection and Affordable Care Act 
     (Public Law 111-09148), is amended by adding at the end the 
     following new clause:
       ``(xi) The Secretary of Health and Human Services, in 
     consultation with the Commissioner of Social Security, shall 
     establish cost-effective procedures to ensure that a social 
     security account number (or any derivative thereof) is not 
     displayed, coded, or embedded on the Medicare card issued to 
     an individual who is entitled to benefits under part A of 
     title XVIII or enrolled under part B of title XVIII and that 
     any other identifier displayed on such card is easily 
     identifiable as not being the social security account number 
     (or a derivative thereof).''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to Medicare cards issued on and after an 
     effective date specified by the Secretary of Health and Human 
     Services, but in no case shall such effective date be later 
     than the date that is 24 months after the date adequate 
     funding is provided pursuant to subsection (d)(2).
       (2) Reissuance.--Subject to subsection (d)(2), in the case 
     of individuals who have been issued such cards before such 
     date, the Secretary of Health and Human Services--
       (A) shall provide for the reissuance for such individuals 
     of such a card that complies with such amendment not later 
     than 3 years after the effective date specified under 
     paragraph (1); and
       (B) may permit such individuals to apply for the reissuance 
     of such a card that complies with such amendment before the 
     date of reissuance otherwise provided under subparagraph (A) 
     in such exceptional circumstances as the Secretary may 
     specify.
       (c) Outreach Program.--Subject to subsection (d)(2), the 
     Secretary of Health and Human Services, in consultation with 
     the Commissioner of Social Security, shall conduct an 
     outreach program to Medicare beneficiaries and providers 
     about the new Medicare card provided under this section.
       (d) Report to Congress and Limitations on Effective Date.--
       (1) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services, acting through the Administrator of the Centers for 
     Medicare & Medicaid Services and in consultation with the 
     Commissioner of Social Security, shall submit to Congress a 
     report that includes detailed options regarding the 
     implementation of this section, including line-item estimates 
     of and justifications for the costs associated with such 
     options and estimates of timeframes for each stage of 
     implementation. In recommending such options, the Secretary 
     shall take into consideration, among other factors, cost-
     effectiveness and beneficiary outreach and education.
       (2) Limitation; modification of deadlines.--With respect to 
     the amendment made by subsection (a), and the requirements of 
     subsections (b) and (c)--
       (A) such amendment and requirements shall not apply until 
     adequate funding is transferred pursuant to section 11(b) to 
     implement the provisions of this section, as determined by 
     Congress; and
       (B) any deadlines otherwise established under this section 
     for such amendment and requirements are contingent upon the 
     receipt of adequate funding (as determined in subparagraph 
     (A)) for such implementation.

     The previous sentence shall not affect the timely submission 
     of the report required under paragraph (1).

     SEC. 969. IMPLEMENTATION.

       (a) Empowering the HHS OIG and GAO.--Except as otherwise 
     provided, to the extent practicable, the Secretary of Health 
     and Human Services (in this section referred to as the 
     ``Secretary'') shall--
       (1) carry out the provisions of and amendments made by this 
     subtitle in consultation with the Inspector General of the 
     Department of Health and Human Services; and
       (2) take into consideration the findings and 
     recommendations of the Comptroller General of the United 
     States in carrying out such provisions and amendments.
       (b) Funding.--The Secretary shall provide for the transfer, 
     from the Health Care Fraud and Abuse Control Account under 
     section 1817(k) of the Social Security Act (42 U.S.C. 
     1395i(k)), to the Centers for Medicare & Medicaid Services 
     Program Management Account, of such sums, provided such sums 
     are fully offset, as the Secretary determines are for 
     necessary administrative expenses associated with carrying 
     out the provisions of and amendments made by this subtitle 
     (other than section 967). Amounts transferred under the 
     preceding sentence shall remain available until expended.
       (c) Savings.--Any reduction in outlays under the Medicare 
     program under title XVIII of the Social Security Act under 
     the provisions of, and amendments made by, this subtitle may 
     only be utilized to offset outlays under part A of title 
     XVIII of the Social Security Act.
                                 ______
                                 
  SA 4766. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, insert the following:

     SEC. 506. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS 
                   IN REVENUES.

       (a) In General.--Notwithstanding any other provision of 
     law, of all available unobligated funds, $86,000,000,000 in 
     appropriated discretionary funds are hereby permanently 
     rescinded.
       (b) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify from which 
     appropriation accounts the rescission under subsection (a) 
     shall apply and the amount of such rescission that shall 
     apply to each such account. Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall submit a report to the 
     Secretary of the Treasury and Congress of the accounts and 
     amounts determined and identified for rescission under the 
     preceding sentence.

[[Page S8869]]

       (c) Exception.--This section shall not apply to the 
     unobligated funds of the Department of Defense or the 
     Department of Veterans Affairs.
                                 ______
                                 
  SA 4767. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 74, after line 6, add the following:

                     TITLE IX--EDUCATION JOBS FUND

     SEC. 901. ELIMINATION OF PROVISIONS RELATING TO TEXAS.

       Section 101 of Public Law 111-226 (124 Stat. 2389) is 
     amended by striking paragraph (11).
                                 ______
                                 
  SA 4768. Mr. BROWN of Ohio (for himself and Ms. Snowe) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 72, after line 26, insert the following:

                     TITLE VIII--CURRENCY VALUATION

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Currency Reform for Fair 
     Trade Act''.

     SEC. 802. CLARIFICATION REGARDING DEFINITION OF 
                   COUNTERVAILABLE SUBSIDY.

       (a) Benefit Conferred.--Section 771(5)(E) of the Tariff Act 
     of 1930 (19 U.S.C. 1677(5)(E)) is amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``, and''; and
       (3) by inserting after clause (iv) the following new 
     clause:
       ``(v) in the case in which the currency of a country in 
     which the subject merchandise is produced is exchanged for 
     foreign currency obtained from export transactions, and the 
     currency of such country is a fundamentally undervalued 
     currency, as defined in paragraph (37), the difference 
     between the amount of the currency of such country provided 
     and the amount of the currency of such country that would 
     have been provided if the real effective exchange rate of the 
     currency of such country were not undervalued, as determined 
     pursuant to paragraph (38).''.
       (b) Export Subsidy.--Section 771(5A)(B) of the Tariff Act 
     of 1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the 
     end the following new sentence: ``In the case of a subsidy 
     relating to a fundamentally undervalued currency, the fact 
     that the subsidy may also be provided in circumstances not 
     involving export shall not, for that reason alone, mean that 
     the subsidy cannot be considered contingent upon export 
     performance.''.
       (c) Definition of Fundamentally Undervalued Currency.--
     Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is 
     amended by adding at the end the following new paragraph:
       ``(37) Fundamentally undervalued currency.--The 
     administering authority shall determine that the currency of 
     a country in which the subject merchandise is produced is a 
     `fundamentally undervalued currency' if--
       ``(A) the government of the country (including any public 
     entity within the territory of the country) engages in 
     protracted, large-scale intervention in one or more foreign 
     exchange markets during part or all of the 18-month period 
     that represents the most recent 18 months for which the 
     information required under paragraph (38) is reasonably 
     available, but that does not include any period of time later 
     than the final month in the period of investigation or the 
     period of review, as applicable;
       ``(B) the real effective exchange rate of the currency is 
     undervalued by at least 5 percent, on average and as 
     calculated under paragraph (38), relative to the equilibrium 
     real effective exchange rate for the country's currency 
     during the 18-month period;
       ``(C) during the 18-month period, the country has 
     experienced significant and persistent global current account 
     surpluses; and
       ``(D) during the 18-month period, the foreign asset 
     reserves held by the government of the country exceed--
       ``(i) the amount necessary to repay all debt obligations of 
     the government falling due within the coming 12 months;
       ``(ii) 20 percent of the country's money supply, using 
     standard measures of M2; and
       ``(iii) the value of the country's imports during the 
     previous 4 months.''.
       (d) Definition of Real Effective Exchange Rate 
     Undervaluation.--Section 771 of the Tariff Act of 1930 (19 
     U.S.C. 1677), as amended by subsection (c) of this section, 
     is further amended by adding at the end the following new 
     paragraph:
       ``(38) Real effective exchange rate undervaluation.--The 
     calculation of real effective exchange rate undervaluation, 
     for purposes of paragraph (5)(E)(v) and paragraph (37), 
     shall--
       ``(A)(i) rely upon, and where appropriate be the simple 
     average of, the results yielded from application of the 
     approaches described in the guidelines of the International 
     Monetary Fund's Consultative Group on Exchange Rate Issues; 
     or
       ``(ii) if the guidelines of the International Monetary 
     Fund's Consultative Group on Exchange Rate Issues are not 
     available, be based on generally accepted economic and 
     econometric techniques and methodologies to measure the level 
     of undervaluation;
       ``(B) rely upon data that are publicly available, reliable, 
     and compiled and maintained by the International Monetary 
     Fund or, if the International Monetary Fund cannot provide 
     the data, by other international organizations or by national 
     governments; and
       ``(C) use inflation-adjusted, trade-weighted exchange 
     rates.''.

     SEC. 803. REPORT ON IMPLEMENTATION OF TITLE.

       (a) In General.--Not later than 9 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on the 
     implementation of the amendments made by this title.
       (b) Matters To Be Included.--The report required by 
     subsection (a) shall include a description of the extent to 
     which United States industries that have been materially 
     injured by reason of imports of subject merchandise produced 
     in foreign countries with fundamentally undervalued 
     currencies have received relief under title VII of the Tariff 
     Act of 1930 (19 U.S.C. 1671 et seq.), as amended by this 
     title.
                                 ______
                                 
  SA 4769. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 51, between lines 11 and 12, insert:

     SEC. 712. ALTERNATIVE MOTOR VEHICLE CREDIT FOR NEW QUALIFIED 
                   HYBRID MOTOR VEHICLES OTHER THAN PASSENGER 
                   AUTOMOBILES AND LIGHT TRUCKS.

       (a) In General.--Paragraph (3) of section 30B(k) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property purchased after December 31, 2009.
                                 ______
                                 
  SA 4770. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. ___. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER 
                   BANKRUPTCY.

       (a) General Rules.--
       (1) Rollover of airline payment amount.--If a qualified 
     airline employee receives any airline payment amount and 
     transfers any portion of such amount to a traditional IRA 
     within 180 days of receipt of such amount (or, if later, 
     within 180 days of the date of the enactment of this Act), 
     then such amount (to the extent so transferred) shall be 
     treated as a rollover contribution described in section 
     402(c) of the Internal Revenue Code of 1986. A qualified 
     airline employee making such a transfer may exclude from 
     gross income the amount transferred, in the taxable year in 
     which the airline payment amount was paid to the qualified 
     airline employee by the commercial passenger airline carrier.
       (2) Transfer of amounts attributable to airline payment 
     amount following rollover to roth ira.--A qualified airline 
     employee who made a rollover of an airline payment amount to 
     a Roth IRA pursuant to section 125 of the Worker, Retiree, 
     and Employer Recovery Act of 2008, may transfer to a 
     traditional IRA all or any part of the Roth IRA attributable 
     to such rollover, and the transfer to the traditional IRA 
     will be deemed to have been made at the time of the rollover 
     to the Roth IRA, if such transfer is made within 180 days of 
     the date of the enactment of this Act. A qualified airline 
     employee making such a transfer may exclude from gross income 
     the airline payment amount previously rolled over to the Roth 
     IRA, to the extent an amount attributable to the previous 
     rollover was transferred to a traditional IRA, in the taxable 
     year in which the airline payment amount was paid to the 
     qualified airline employee by the commercial passenger 
     airline carrier.

[[Page S8870]]

       (3) Extension of time to file claim for refund.--A 
     qualified airline employee who excludes an amount from gross 
     income in a prior taxable year under paragraph (1) or (2) may 
     reflect such exclusion in a claim for refund filed within the 
     period of limitation under section 6511(a) (or, if later, 
     April 15, 2011).
       (b) Treatment of Airline Payment Amounts and Transfers for 
     Employment Taxes.--For purposes of chapter 21 of the Internal 
     Revenue Code of 1986 and section 209 of the Social Security 
     Act, an airline payment amount shall not fail to be treated 
     as a payment of wages by the commercial passenger airline 
     carrier to the qualified airline employee in the taxable year 
     of payment because such amount is excluded from the qualified 
     airline employee's gross income under subsection (a).
       (c) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Airline payment amount.--
       (A) In general.--The term ``airline payment amount'' means 
     any payment of any money or other property which is payable 
     by a commercial passenger airline carrier to a qualified 
     airline employee--
       (i) under the approval of an order of a Federal bankruptcy 
     court in a case filed after September 11, 2001, and before 
     January 1, 2007, and
       (ii) in respect of the qualified airline employee's 
     interest in a bankruptcy claim against the carrier, any note 
     of the carrier (or amount paid in lieu of a note being 
     issued), or any other fixed obligation of the carrier to pay 
     a lump sum amount.

     The amount of such payment shall be determined without regard 
     to any requirement to deduct and withhold tax from such 
     payment under sections 3102(a) and 3402(a).
       (B) Exception.--An airline payment amount shall not include 
     any amount payable on the basis of the carrier's future 
     earnings or profits.
       (2) Qualified airline employee.--The term ``qualified 
     airline employee'' means an employee or former employee of a 
     commercial passenger airline carrier who was a participant in 
     a defined benefit plan maintained by the carrier which--
       (A) is a plan described in section 401(a) of the Internal 
     Revenue Code of 1986 which includes a trust exempt from tax 
     under section 501(a) of such Code, and
       (B) was terminated or became subject to the restrictions 
     contained in paragraphs (2) and (3) of section 402(b) of the 
     Pension Protection Act of 2006.
       (3) Traditional ira.--The term ``traditional IRA'' means an 
     individual retirement plan (as defined in section 7701(a)(37) 
     of the Internal Revenue Code of 1986) which is not a Roth 
     IRA.
       (4) Roth ira.--The term ``Roth IRA'' has the meaning given 
     such term by section 408A(b) of such Code.
       (d) Surviving Spouse.--If a qualified airline employee died 
     after receiving an airline payment amount, or if an airline 
     payment amount was paid to the surviving spouse of a 
     qualified airline employee in respect of the qualified 
     airline employee, the surviving spouse of the qualified 
     airline employee may take all actions permitted under section 
     125 of the Worker, Retiree and Employer Recovery Act of 2008, 
     or under this section, to the same extent that the qualified 
     airline employee could have done had the qualified airline 
     employee survived.
       (e) Effective Date.--This section shall apply to transfers 
     made after the date of the enactment of this Act with respect 
     to airline payment amounts paid before, on, or after such 
     date.
                                 ______
                                 
  SA 4771. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 74, after line 6, insert the following:

                           TITLE IX--ABLE ACT

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Achieving a Better Life 
     Experience Act of 2010'' or the ``ABLE Act of 2010''.

     SEC. 902. PURPOSES.

       The purposes of this Act are as follows:
       (1) To encourage and assist individuals and families in 
     saving private funds for the purpose of supporting 
     individuals with disabilities to maintain health, 
     independence, and quality of life.
       (2) To provide secure funding for disability-related 
     expenses on behalf of designated beneficiaries with 
     disabilities that will supplement, but not supplant, benefits 
     provided through private insurance, the Medicaid program 
     under title XIX of the Social Security Act, the supplemental 
     security income program under title XVI of such Act, the 
     beneficiary's employment, and other sources.

     SEC. 903. ABLE ACCOUNTS.

       (a) Establishment.--
       (1) In general.--Subchapter F of chapter 1 is amended by 
     inserting after part VIII the following new part:

          ``PART IX--SAVINGS FOR INDIVIDUALS WITH DISABILITIES

``Sec. 530A. ABLE Accounts.

     ``SEC. 530A. ABLE ACCOUNTS.

       ``(a) General Rule.--An ABLE account shall be exempt from 
     taxation under this subtitle. Notwithstanding the preceding 
     sentence, such account shall be subject to the taxes imposed 
     by section 511 (relating to imposition of tax on unrelated 
     business income of charitable organizations).
       ``(b) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) ABLE accounts.--The term `ABLE account' means a trust 
     created or organized in the United States (and designated as 
     an ABLE account at the time created or organized) exclusively 
     for the purpose of paying or reimbursing qualified disability 
     expenses of an individual who is an individual with a 
     disability and who is the designated beneficiary of the 
     trust, but only if the written governing instrument creating 
     the trust meets the following requirements:
       ``(A) No contribution will be accepted--
       ``(i) except in the case of rollover contributions 
     described in subsection (c)(4) and sections 223(f)(5), 
     408(d)(3), 529(c)(3)(C)(i), and 530(d)(5), unless it is in 
     cash or the equivalent thereof,
       ``(ii) if such contribution would result in aggregate 
     contributions to all ABLE accounts for the same designated 
     beneficiary for the taxable year and all preceding taxable 
     years exceeding $500,000 plus the yearly inflation 
     adjustment, and
       ``(iii) after the date on which the designated beneficiary 
     attains the age of 65.
       ``(B) The trustee is--
       ``(i) a bank (as defined in section 408(n)),
       ``(ii) the designated beneficiary,
       ``(iii) a parent or guardian of the account holder, or
       ``(iv) a third-party appointed by the designated 
     beneficiary or a parent or guardian of the designated 
     beneficiary (including a family member of the designated 
     beneficiary or an organization that administers pooled and 
     special needs trusts) who demonstrates to the satisfaction of 
     the Secretary that the manner in which that person will 
     administer the trust will be consistent with the requirements 
     of this section.
       ``(C) No part of the trust assets will be invested in life 
     insurance contracts.
       ``(D) The assets of the trust shall not be commingled with 
     other property except in a common trust fund or common 
     investment fund.
       ``(E) Except as provided in paragraph (4) or (5) of 
     subsection (c) and for qualified disability expenses that are 
     funeral and burial expenses, in the case that the designated 
     beneficiary dies or ceases to be an individual with a 
     disability, all amounts remaining in the trust not in excess 
     of the amount equal to the total medical assistance paid for 
     the designated beneficiary after the establishment of the 
     trust, net of any premiums paid from the account or paid by 
     or on behalf of the beneficiary to a Medicaid buy-in program, 
     under any State Medicaid plan established under title XIX of 
     the Social Security Act shall be distributed to such State 
     upon filing of a claim for payment by such State within 90 
     days of the date of notification that the individual is 
     deceased. For purposes of this subparagraph, the State shall 
     be a creditor of an ABLE account and not a beneficiary.
       ``(2) Qualified disability expenses.--
       ``(A) In general.--The term `qualified disability expenses' 
     means any expenses which--
       ``(i) are made for the benefit of an individual with a 
     disability who is a designated beneficiary of the trust, and
       ``(ii) approved under regulations established by the 
     Secretary.
       ``(B) Expenses included.--The following expenses shall be 
     qualified disability expenses if made for the benefit of an 
     individual with a disability who is a designated beneficiary 
     of the trust:
       ``(i) Education.--Expenses for education, including tuition 
     for preschool thru post-secondary education, books, supplies, 
     and educational materials related to such education, tutors, 
     and special education services.
       ``(ii) Housing.--Expenses for housing, including the 
     purchase of a home or interest in a home, rent, mortgage 
     payments, home improvements and modifications, maintenance 
     and repairs, real property taxes, and utility charges.
       ``(iii) Transportation.--Expenses for transportation, 
     including the use of mass transit, the purchase or 
     modification of vehicles, and moving expenses.
       ``(iv) Employment support.--Expenses related to obtaining 
     and maintaining employment, including job-related training, 
     assistive technology, and personal assistance supports.
       ``(v) Health, prevention, and wellness.--Expenses for the 
     health and wellness, including premiums for health insurance, 
     medical, vision, and dental expenses, habilitation and 
     rehabilitation services, durable medical equipment, therapy, 
     respite care, long term services and supports, and 
     nutritional management.
       ``(vi) Life necessities.--Expenses for life necessities, 
     including clothing, activities which are religious, cultural, 
     or recreational, supplies and equipment for personal care, 
     community-based supports, communication services and devices, 
     adaptive equipment, assistive technology, personal assistance 
     supports, financial management, legal fees, and

[[Page S8871]]

     administrative services, expenses for oversight, monitoring, 
     or advocacy, funeral and burial, and Medicaid payback.
       ``(vii) Other approved expenses.--Any other expenses which 
     are approved by the Secretary under regulations and 
     consistent with the purposes of this section.
       ``(viii) Assistive technology and personal support 
     services.--Expenses for assistive technology and personal 
     support with respect to any item described in clauses (i) 
     through (vii).
       ``(3) Individual with a disability.--An individual is an 
     individual with a disability if such individual--
       ``(A) would be eligible to receive supplemental security 
     income benefits due to blindness or disability under title 
     XVI of the Social Security Act, or disability benefits under 
     Title II of the Social Security Act, notwithstanding--
       ``(i) the income and assets tests and substantial gainful 
     activity test required for eligibility for such benefits, and
       ``(ii) whether a determination has been made that such 
     individual is blind or disabled, or
       ``(B) is eligible to receive or is deemed to be receiving 
     supplemental security income benefits due to blindness or 
     disability under title XVI of the Social Security Act, or 
     disability benefits under title II of the Social Security 
     Act.
       ``(4) Rules relating to estate and gift tax.--Rules similar 
     to the rules of paragraphs (2), (4), and (5) of section 
     529(c) shall apply for purposes of this section.
       ``(c) Tax Treatment of Distributions.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, any amount paid or distributed out of an ABLE 
     account shall be included in gross income by the payee or 
     distributee, as the case may be, for the taxable year in 
     which received in the manner as provided in section 72.
       ``(2) Distributions for benefit of designated 
     beneficiary.--
       ``(A) In general.--No amount shall be includible in gross 
     income under paragraph (1) if the qualified disability 
     expenses of the designated beneficiary during the taxable 
     year are not less than the aggregate distributions during the 
     taxable year.
       ``(B) Distributions in excess of expenses.--If such 
     aggregate distributions exceed such expenses during the 
     taxable year, the amount otherwise includible in gross income 
     under paragraph (1) shall be reduced by the amount which 
     bears the same ratio to the amount which would be includible 
     in gross income under paragraph (1) (without regard to this 
     subparagraph) as the qualified disability expenses bear to 
     such aggregate distributions.
       ``(C) Disallowance of excluded amounts as deduction, 
     credit, or exclusion.--No deduction, credit, or exclusion 
     shall be allowed to the taxpayer under any other section of 
     this chapter for any qualified disability expenses to the 
     extent taken into account in determining the amount of the 
     exclusion under this paragraph.
       ``(3) Additional tax for distributions not used for benefit 
     of designated beneficiary.--
       ``(A) In general.--The tax imposed by this chapter for any 
     taxable year on any taxpayer who receives a payment or 
     distribution from an ABLE account shall be increased by 10 
     percent of the amount thereof which is includible in gross 
     income under paragraph (1).
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     payment or distribution is made to a beneficiary (or to the 
     estate of the designated beneficiary) on or after the death 
     of the designated beneficiary.
       ``(C) Contributions returned before certain date.--
     Subparagraph (A) shall not apply to the distribution of any 
     contribution made during a taxable year if--
       ``(i) such distribution is made before the 60th day after 
     the date on which the contribution was made, and
       ``(ii) such distribution is accompanied by the amount of 
     net income attributable to such excess contribution.

     Any net income described in clause (ii) shall be included in 
     gross income for the taxable year in which such excess 
     contribution was made.
       ``(4) Rollovers.--Paragraph (1) shall not apply to any 
     amount paid or distributed from an ABLE account to the extent 
     that the amount received is paid, not later than the 60th day 
     after the date of such payment or distribution, into--
       ``(A) another ABLE account for the benefit of--
       ``(i) the same beneficiary, or
       ``(ii) an individual who--

       ``(I) is the spouse of such individual with a disability, 
     or bears a relationship to such individual with a disability 
     which is described in section 152(d)(2), and
       ``(II) is also an individual with a disability, or

       ``(B) any trust which is described in subparagraph (A) or 
     (C) of section 1917(d)(4) of the Social Security Act and 
     which is for the benefit of an individual described in clause 
     (i) or (ii) of subparagraph (A).

     The preceding sentence shall not apply to any payment or 
     distribution if it applied to any prior payment or 
     distribution during the 12-month period ending on the date of 
     the payment or distribution.
       ``(5) Change in beneficiary.--Any change in the beneficiary 
     of an ABLE account shall not be treated as a distribution for 
     purposes of paragraph (1) if the new beneficiary is an 
     individual described in paragraph (4)(A)(ii) as of the date 
     of the change.
       ``(d) Tax Treatment of Accounts.--Rules similar to the 
     rules of paragraphs (2) and (4) of section 408(e) shall apply 
     to any ABLE account.
       ``(e) Community Property Laws.--This section shall be 
     applied without regard to any community property laws.
       ``(f) Custodial Accounts.--For purposes of this section, a 
     custodial account shall be treated as a trust if--
       ``(1) the assets of such account are held by a bank (as 
     defined in section 408(n)), a broker dealer (as defined in 
     section 15 of the Securities Exchange Act of 1934), an 
     investment company registered under the Investment Company 
     Act of 1940, an investment advisor registered under the 
     Investment Advisors Act of 1940, or another person who 
     demonstrates, to the satisfaction of the Secretary, that the 
     manner in which he will administer the account will be 
     consistent with the requirements of this section,
       ``(2) the custodial account would, except for the fact that 
     it is not a trust, constitute an account described in 
     subsection (b)(1), and
       ``(3) the custodial account holder is a person described in 
     subsection (b)(1)(B)(ii), (iii), or (iv).

     For purposes of this title, in the case of a custodial 
     account treated as a trust by reason of the preceding 
     sentence, the bank or other custodian of such account shall 
     be treated as the trustee thereof. Such bank or other 
     custodian shall be entitled to rely, without further duty of 
     inquiry or liability to any person, upon the signed written 
     statement (which may be included on a check or withdrawal 
     slip) of the custodial account holder that a payment or 
     distribution from such account is made solely to pay, or to 
     reimburse a payment for, a qualified disability expense.
       ``(g) Reports.--The trustee, custodian, and account holder 
     of an ABLE account shall make such reports regarding such 
     account to the Secretary and to the beneficiary of the 
     account with respect to contributions, distributions, and 
     such other matters as the Secretary may require. The reports 
     required by this subsection shall be filed at such time and 
     in such manner and furnished to such individuals at such time 
     and in such manner as may be required.
       ``(h) Inflation Adjustment.--
       ``(1) In general.--In the case of any taxable year 
     beginning after 2010, the $500,000 dollar amount under 
     subsection (b)(1)(A)(i)(II) shall be increased by an amount 
     equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost of living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2009' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(2) Rounding.--If any amount as adjusted under paragraph 
     (1) is not a multiple of $1,000, such amount shall be rounded 
     to the next lowest multiple of $1,000.
       ``(i) Regulations.--The Secretary shall prescribe temporary 
     or final regulations or other published guidance to carry out 
     the purposes of this section within six months of the date of 
     enactment, including regulations to prevent fraud and abuse 
     with respect to amounts claimed as qualified disability 
     expenses.''.
       (2) Conforming amendments.--
       (A) Tax on excess contributions.--
       (i) In general.--Subsection (a) of section 4973 is amended 
     by striking ``or'' at the end of paragraph (4), by inserting 
     ``or'' at the end of paragraph (5), and by inserting after 
     paragraph (5) the following new paragraph:
       ``(6) an ABLE account (within the meaning of section 
     530A),''.
       (ii) Excess contributions.--Section 4973 is amended by 
     adding at the end the following new subsection:
       ``(h) Excess Contributions to ABLE Accounts.--For purposes 
     of this section, in the case of an ABLE account (within the 
     meaning of section 530A), the term `excess contributions' 
     means the sum of--
       ``(1) the amount by which the sum of the amount contributed 
     for the same designated beneficiary for the taxable year to 
     such accounts plus such amounts contributed for all preceding 
     taxable years exceeds the amount described in section 
     530A(b)(1)(A)(ii), and
       ``(2) the amount determined under this section for the 
     preceding taxable year, reduced by the distributions from 
     such account which were includible in gross income under 
     section 530A(c)(1).

     For purposes of this section, an amount which is distributed 
     out of an ABLE account in a distribution to which section 
     530A(c)(3)(C) applies shall be treated as an amount not 
     contributed.''.
       (B) Tax on prohibited transactions.--
       (i) In general.--Paragraph (1) of section 4975(e) is 
     amended by redesignating subparagraph (G) as subparagraph 
     (H), by striking ``or'' at the end of subparagraph (F), and 
     by adding after subparagraph (F) the following:
       ``(G) an ABLE account described in section 530A, or''.
       (ii) Exemption.--Subsection (d) of section 4975 is amended 
     by striking ``or'' at the end of paragraph (22), by striking 
     the period at the end of paragraph (23) and inserting ``; 
     or'', and by inserting after paragraph (23) the following:
       ``(24) in the case of an ABLE account, any transaction to 
     provide housing or other services by a family member to or 
     for the designated beneficiary of the trust to the extent 
     that such transaction does not exceed the fair market value 
     of the housing or service (as the case may be) provided.''.

[[Page S8872]]

       (iii) Special rule.--Subsection (c) of section 4975 is 
     amended by adding at the end the following new paragraph:
       ``(7) Special rule for able accounts.--An individual for 
     whose benefit an ABLE account is established and any 
     contributor to such account shall be exempt from the tax 
     imposed by this section with respect to any transaction 
     concerning such account (which would otherwise be taxable 
     under this section) if section 530A(d) applies with respect 
     to such transaction.''.
       (C) Rollovers from certain other tax favored accounts.--
       (i) Qualified tuition programs.--Paragraph (3) of section 
     529(c) is amended by adding at the end the following new 
     subparagraph:
       ``(E) Contributions to able account.--Subparagraph (A) 
     shall not apply to that portion of any distribution which, 
     within 60 days of such distribution, is contributed to an 
     ABLE account for the benefit of the designated 
     beneficiary.''.
       (ii) Education savings accounts.--Subsection (d) of section 
     530 is amended by adding at the end the following new 
     paragraph:
       ``(10) Contributions to able account.--Paragraph (1) shall 
     not apply to any amount paid or distributed from a Coverdell 
     education savings account to the extent that the amount 
     received is paid, not later than the 60th day after the date 
     of such payment or distribution, into an ABLE account for the 
     benefit of the same beneficiary.''.
       (iii) Health savings accounts.--Subparagraph (A) of section 
     223(f)(5) is amended--

       (I) by inserting ``(i)'' before ``into a health savings 
     account'', and
       (II) by inserting ``or (ii) into an ABLE account for the 
     benefit of such beneficiary'' before ``not later than the 
     60th day''.

       (iv) Certain iras.--Subparagraph (A) of section 408(d)(3) 
     is amended by striking ``or'' at the end of clause (i), by 
     striking the period at the end of clause (ii) and inserting 
     ``; or'', and by inserting after clause (ii) the following 
     new clause:
       ``(iii) the entire amount received (including money and 
     other property) is paid into an ABLE account for the benefit 
     of the child or grandchild of such individual not later than 
     the 60th day after the day on which the payment or 
     distribution is received.''.
       (D) Reports.--Paragraph (2) of section 6693(a) is amended 
     by striking ``and'' at the end of subparagraph (D), by 
     striking the period at the end of subparagraph (E) and 
     inserting ``and'', and by inserting after subparagraph (E) 
     the following new subparagraph:
       ``(F) section 530A(g) (relating to ABLE accounts).''.
       (E) Exclusion from income under ssi.--Subsection (b) of 
     section 1612 of the Social Security Act (42 U.S.C. 1382a) is 
     amended by striking ``and'' at the end of paragraph (24), by 
     striking the period at the end of paragraph (25) and 
     inserting ``; and'', and by inserting after paragraph (25) 
     the following:

     ``(26) any contribution to an ABLE account.''.
       (F) Clerical amendment.--The table of parts for subchapter 
     F of chapter 1 is amended by inserting after the item 
     relating to part VIII the following new item:

        ``Part IX. Savings for Individuals With Disabilities.''.

       (b) Annual Reports.--
       (1) In general.--The Secretary of the Treasury shall report 
     annually to Congress on the usage of ABLE accounts under 
     section 530A of the Internal Revenue Code of 1986.
       (2) Contents of report.--Any report under paragraph (1) 
     shall include--
       (A) the number of people with ABLE accounts,
       (B) the total amount of contributions to such accounts,
       (C) the total amount and nature of distributions from such 
     accounts,
       (D) issues relating to the abuse of such accounts, if any, 
     and
       (E) the amounts repaid from such accounts to State Medicaid 
     programs established under title XIX of the Social Security 
     Act.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 904. STUDY ON THE USE OF ABLE ACCOUNTS.

       (a) In General.--The Secretary of the Treasury (or the 
     Secretary's delegate), in consultation with the Secretary of 
     Health and Human Services, shall conduct a study on the use 
     of ABLE accounts (as defined by section 530A(a) of the 
     Internal Revenue Code). Such study shall consider the effect 
     that a tax credit or a refundable matching tax credit would 
     have on the use of and contributions to such accounts.
       (b) Report.--Not later than 5 years after the date of the 
     enactment of this Act, the Secretary of the Treasury shall 
     report to Congress on the study conducted under subsection 
     (a).

     SEC. 905. TREATMENT OF ABLE ACCOUNTS UNDER CERTAIN FEDERAL 
                   PROGRAMS.

       (a) Treatment as a Medicaid Excepted Trust.--Paragraph (4) 
     of section 1917(d) of the Social Security Act (42 U.S.C. 
     1396p(d)(4)) is amended by adding at the end the following 
     new subparagraph:
       ``(D) An ABLE account described in section 530A(b)(1) of 
     the Internal Revenue Code of 1986.''.
       (b) Account Funds Disregarded for Purposes of Certain Other 
     Means-tested Federal Programs.--Notwithstanding any other 
     provision of Federal law that requires consideration of 1 or 
     more financial circumstances of an individual, for the 
     purpose of determining eligibility to receive, or the amount 
     of, any assistance or benefit authorized by such provision to 
     be provided to or for the benefit of such individual, any 
     amount (including earnings thereon) in any ABLE account of 
     such individual, and any distribution for qualified 
     disability expenses (as defined in section 530A(b)(2)) shall 
     be disregarded for such purpose with respect to any period 
     during which such individual maintains, makes contributions 
     to, or receives distributions from such ABLE account.
                                 ______
                                 
  SA 4772. Mr. BEGICH submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 72, after line 26, add the following:

                       TITLE __--OTHER PROVISIONS

     SEC. _01. ENCOURAGEMENT OF CONTRIBUTIONS OF CAPITAL GAIN REAL 
                   PROPERTY MADE FOR CONSERVATION PURPOSES BY 
                   NATIVE CORPORATIONS.

       (a) In General.--Paragraph (2) of section 170(b) of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     subparagraph (C) as subparagraph (D), and by inserting after 
     subparagraph (B) the following new subparagraph:
       ``(C) Qualified conservation contributions by certain 
     native corporations.--
       ``(i) In general.--Any qualified conservation contribution 
     (as defined in subsection (h)(1)) which--

       ``(I) is made by a Native Corporation, and
       ``(II) is a contribution of property which was land 
     conveyed under the Alaska Native Claims Settlement Act,

     shall be allowed to the extent that the aggregate amount of 
     such contributions does not exceed the excess of the 
     taxpayer's taxable income over the amount of charitable 
     contributions allowable under subparagraph (A).
       ``(ii) Limitation.--This subparagraph shall not apply to 
     any contribution of property described in clause (i)(II) 
     which, by itself or when aggregated to any other property to 
     which this subparagraph applies, is a contribution of more 
     than 10 percent of the land conveyed to the Native 
     Corporation described in clause (i)(I) under the Alaska 
     Native Claims Settlement Act.
       ``(iii) Carryover.--If the aggregate amount of 
     contributions described in clause (i) exceeds the limitation 
     of clause (i), such excess shall be treated (in a manner 
     consistent with the rules of subsection (d)(2)) as a 
     charitable contribution to which clause (i) applies in each 
     of the 5 succeeding years in order of time.
       ``(iv) Definition.--For purposes of this subparagraph, the 
     term `Native Corporation' has the meaning given such term by 
     section 3(m) of the Alaska Native Claims Settlement Act.
       ``(v) Termination.--This subparagraph shall not apply to 
     any contribution in any taxable year beginning after December 
     31, 2011.''.
       (b) Conforming Amendment.--Section 170(b)(2)(A) of such 
     Code is amended by striking ``subparagraph (B) applies'' and 
     inserting ``subparagraphs (B) or (C) apply''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made after the date of the 
     enactment of this Act.
       (d) Rule of Construction.--Nothing in this section or the 
     amendments made by this section shall be construed to modify 
     any existing property rights conveyed to Native Corporations 
     (withing the meaning of section 3(m) of the Alaska Native 
     Claims Settlement Act) under such Act.

     SEC. _02. INCREASE IN PENALTY FOR FAILURE TO FILE A 
                   PARTNERSHIP OR S CORPORATION RETURN.

       (a) In General.--Sections 6698(b)(1) and 6699(b)(1) of the 
     Internal Revenue Code of 1986 are each amended by striking 
     ``$195'' and inserting ``$205''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to returns for taxable years beginning after 
     December 31, 2010.
                                 ______
                                 
  SA 4773. Ms. STABENOW (for herself, Mr. Begich, Mrs. Shaheen, and Mr. 
Brown of Ohio) submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 72, after line 26, add the following:

[[Page S8873]]

   TITLE _--REPEAL OF EXPANSION OF INFORMATION REPORTING REQUIREMENTS

     SEC. _01. REPEAL OF EXPANSION OF INFORMATION REPORTING 
                   REQUIREMENTS.

       (a) Repeal of Payments for Property and Other Gross 
     Proceeds.--Subsection (b) of section 9006 of the Patient 
     Protection and Affordable Care Act, and the amendments made 
     thereby, are hereby repealed; and the Internal Revenue Code 
     of 1986 shall be applied as if such subsection, and 
     amendments, had never been enacted.
       (b) Repeal of Application to Corporations; Application of 
     Regulatory Authority.--
       (1) In general.--Section 6041, as amended by section 
     9006(a) of the Patient Protection and Affordable Care Act and 
     section 2101 of the Small Business Jobs Act of 2010, is 
     amended by striking subsections (i) and (j) and inserting the 
     following new subsection:
       ``(i) Regulations.--The Secretary may prescribe such 
     regulations and other guidance as may be appropriate or 
     necessary to carry out the purposes of this section, 
     including rules to prevent duplicative reporting of 
     transactions.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to payments made after December 31, 2010.
                                 ______
                                 
  SA 4774. Ms. STABENOW submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 28, between lines 3 and 4, insert:

     SEC. 403. EXTENSION AND ADDITIONAL ALLOCATIONS OF RECOVERY 
                   ZONE BOND AUTHORITY.

       (a) Extension of Recovery Zone Bond Authority.--Section 
     1400U-2(b)(1) and section 1400U-3(b)(1)(B) are each amended 
     by striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) Additional Allocations of Recovery Zone Bond Authority 
     Based on Unemployment.--Section 1400U-1 is amended by adding 
     at the end the following new subsection:
       ``(c) Allocation of 2010 Recovery Zone Bond Limitations 
     Based on Unemployment.--
       ``(1) In general.--The Secretary shall allocate the 2010 
     national recovery zone economic development bond limitation 
     and the 2010 national recovery zone facility bond limitation 
     among the States in the proportion that each such State's 
     2009 unemployment number bears to the aggregate of the 2009 
     unemployment numbers for all of the States.
       ``(2) Minimum allocation.--The Secretary shall adjust the 
     allocations under paragraph (1) for each State to the extent 
     necessary to ensure that no State (prior to any reduction 
     under paragraph (3)) receives less than 0.9 percent of the 
     2010 national recovery zone economic development bond 
     limitation and 0.9 percent of the 2010 national recovery zone 
     facility bond limitation.
       ``(3) Allocations by states.--
       ``(A) In general.--Each State with respect to which an 
     allocation is made under paragraph (1) shall reallocate such 
     allocation among the counties and large municipalities (as 
     defined in subsection (a)(3)(B)) in such State in the 
     proportion that each such county's or municipality's 2009 
     unemployment number bears to the aggregate of the 2009 
     unemployment numbers for all the counties and large 
     municipalities (as so defined) in such State.
       ``(B) 2010 allocation reduced by amount of previous 
     allocation.--Each State shall reduce (but not below zero)--
       ``(i) the amount of the 2010 national recovery zone 
     economic development bond limitation allocated to each county 
     or large municipality (as so defined) in such State by the 
     amount of the national recovery zone economic development 
     bond limitation allocated to such county or large 
     municipality under subsection (a)(3)(A) (determined without 
     regard to any waiver thereof), and
       ``(ii) the amount of the 2010 national recovery zone 
     facility bond limitation allocated to each county or large 
     municipality (as so defined) in such State by the amount of 
     the national recovery zone facility bond limitation allocated 
     to such county or large municipality under subsection 
     (a)(3)(A) (determined without regard to any waiver thereof).
       ``(C) Waiver of suballocations.--A county or municipality 
     may waive any portion of an allocation made under this 
     paragraph. A county or municipality shall be treated as 
     having waived any portion of an allocation made under this 
     paragraph which has not been allocated to a bond issued 
     before May 1, 2011. Any allocation waived (or treated as 
     waived) under this subparagraph may be used or reallocated by 
     the State.
       ``(D) Special rule for a municipality in a county.--In the 
     case of any large municipality any portion of which is in a 
     county, such portion shall be treated as part of such 
     municipality and not part of such county.
       ``(4) 2009 unemployment number.--For purposes of this 
     subsection, the term `2009 unemployment number' means, with 
     respect to any State, county or municipality, the number of 
     individuals in such State, county, or municipality who were 
     determined to be unemployed by the Bureau of Labor Statistics 
     for December 2009.
       ``(5) 2010 national limitations.--
       ``(A) Recovery zone economic development bonds.--The 2010 
     national recovery zone economic development bond limitation 
     is $10,000,000,000. Any allocation of such limitation under 
     this subsection shall be treated for purposes of section 
     1400U-2 in the same manner as an allocation of national 
     recovery zone economic development bond limitation.
       ``(B) Recovery zone facility bonds.--The 2010 national 
     recovery zone facility bond limitation is $15,000,000,000. 
     Any allocation of such limitation under this subsection shall 
     be treated for purposes of section 1400U-3 in the same manner 
     as an allocation of national recovery zone facility bond 
     limitation.''.
       (c) Authority of State to Waive Certain 2009 Allocations.--
     Subparagraph (A) of section 1400U-1(a)(3) is amended by 
     adding at the end the following: ``A county or municipality 
     shall be treated as having waived any portion of an 
     allocation made under this subparagraph which has not been 
     allocated to a bond issued before May 1, 2011. Any allocation 
     waived (or treated as waived) under this subparagraph may be 
     used or reallocated by the State.''.
                                 ______
                                 
  SA 4775. Ms. STABENOW (for herself, Mr. Bingaman, Mr. Brown of Ohio, 
Mr. Merkley, Mr. Carper, Mr. Schumer, Mr. Coons, Mrs. Shaheen, Mr. 
Pryor, Mrs. Boxer, Ms. Cantwell, Mr. Levin, Mr. Dorgan, and Mr. Wyden) 
submitted an amendment intended to be proposed to amendment SA 4753 
proposed by Mr. Reid (for himself and Mr. McConnell) to the bill H.R. 
4853, to amend the Internal Revenue Code of 1986 to extend the funding 
and expenditure authority of the Airport and Airway Trust Fund, to 
amend title 49, United States Code, to extend authorizations for the 
airport improvement program, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 51, between lines 3 and 4, insert:

     SEC. 712. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C(d)(1)(B) is amended by 
     striking ``$2,300,000,000'' and inserting ``$4,800,000,000''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to allocations for applications submitted after 
     December 31, 2010.
                                 ______
                                 
  SA 4776. Ms. CANTWELL (for herself and Mrs. Murray) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 51, between lines 11 and 12, insert:

     SEC. ___. EXTENSION AND EXPANSION OF NEW CLEAN RENEWABLE 
                   ENERGY BONDS.

       (a) Increased Limitation on Issuance of New Clean Renewable 
     Energy Bonds.--
       (1) In general.--Subsection (c) of section 54C is amended 
     by adding at the end the following new paragraph:
       ``(5) 2010 additional limitation.--The national new clean 
     renewable bond limitation shall be increased by 
     $1,600,000,000. Such increase shall be allocated by the 
     Secretary as provided in paragraph (3), except that--
       ``(A) 60 percent thereof shall be allocated to qualified 
     projects of public power providers, and
       ``(B) 40 percent thereof shall be allocated to qualified 
     projects of cooperative electric companies.''.
       (2) Conforming amendment.--Paragraph (4) of section 54C(c) 
     is amended by striking ``Additional'' in the heading thereof 
     and inserting ``2009 additional''.
       (b) Effective Date.--The amendments made by this subsection 
     shall apply to obligations issued after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4777. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 71, between lines 3 and 4, insert the following:

     SEC. 7__. TIMBER REIT MODERNIZATION.

       (a) In General.--Paragraph (8) of section 856(c) is amended 
     by striking ``means'' and all that follows and inserting 
     ``means December 31, 2011.''.
       (b) Conforming Amendments.--

[[Page S8874]]

       (1) Subparagraph (I) of section 856(c)(2) is amended by 
     striking ``the first taxable year beginning after the date of 
     the enactment of this subparagraph'' and inserting ``a 
     taxable year beginning on or before the termination date''.
       (2) Clause (iii) of section 856(c)(5)(H) is amended by 
     inserting ``in taxable years beginning'' after 
     ``dispositions''.
       (3) Clause (v) of section 857(b)(6)(D) is amended by 
     inserting ``in a taxable year beginning'' after ``sale''.
       (4) Subparagraph (G) of section 857(b)(6) is amended by 
     inserting ``in a taxable year beginning'' after ``In the case 
     of a sale''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after May 22, 2009.
                                 ______
                                 
  SA 4778. Ms. CANTWELL (for herself and Mrs. Murray) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell ) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 28, between lines 3 and 4, insert:

     SEC. ___. RENEWAL COMMUNITY TAX INCENTIVES.

       (a) In General.--Subsection (b) of section 1400E is 
     amended--
       (1) by striking ``December 31, 2009'' in paragraphs (1)(A) 
     and (3) and inserting ``December 31, 2011''; and
       (2) by striking ``January 1, 2010'' in paragraph (3) and 
     inserting ``January 1, 2012''.
       (b) Zero-percent Capital Gains Rate.--
       (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), 
     (4)(A)(i), and (4)(B)(i) of section 1400F(b) are each amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (2) Limitation on period of gains.--Paragraph (2) of 
     section 1400F(c) is amended--
       (A) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (B) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (3) Clerical amendment.--Subsection (d) of section 1400F is 
     amended by striking ``and `December 31, 2014' for `December 
     31, 2014' ''.
       (c) Commercial Revitalization Deduction.--
       (1) In general.--Subsection (g) of section 1400I is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2010''.
       (2) Conforming amendment.--Subparagraph (A) of section 
     1400I(d)(2) is amended by striking ``after 2001 and before 
     2010'' and inserting ``which begins after 2001 and before the 
     date referred to in subsection (g)''.
       (d) Increased Expensing Under Section 179.--Subparagraph 
     (A) of section 1400J(b)(1) is amended by striking ``January 
     1, 2010'' and inserting ``January 1, 2012''.
       (e) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of a renewal 
     community the nomination for which included a termination 
     date which is contemporaneous with the date specified in 
     subparagraph (A) of section 1400E(b)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation unless, after the date of 
     the enactment of this section, the entity which made such 
     nomination reconfirms such termination date, or amends the 
     nomination to provide for a new termination date, in such 
     manner as the Secretary of the Treasury (or the Secretary's 
     designee) may provide.
       (f) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to periods after December 31, 2009.
       (2) Acquisitions.--The amendments made by subsections 
     (b)(1) and (d) shall apply to acquisitions after December 31, 
     2009.
       (3) Commercial revitalization deduction.--
       (A) In general.--The amendment made by subsection (c)(1) 
     shall apply to buildings placed in service after December 31, 
     2009.
       (B) Conforming amendment.--The amendment made by subsection 
     (c)(2) shall apply to calendar years beginning after December 
     31, 2009.
                                 ______
                                 
  SA 4779. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 28, between lines 3 and 4, insert:

     SEC. ___. EXTENSION OF BUILD AMERICA BONDS.

       (a) In General.--Subparagraph (B) of section 54AA(d)(1) is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2012''.
       (b) Extension of Payments to Issuers.--
       (1) In general.--Section 6431 is amended--
       (A) by striking ``January 1, 2011'' in subsection (a) and 
     inserting ``January 1, 2012''; and
       (B) by striking ``January 1, 2011'' in subsection (f)(1)(B) 
     and inserting ``a particular date''.
       (2) Conforming amendments.--Subsection (g) of section 54AA 
     is amended--
       (A) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012''; and
       (B) by striking ``Qualified Bonds Issued Before 2011'' in 
     the heading and inserting ``Certain Qualified Bonds''.
       (c) Reduction in Percentage of Payments to Issuers.--
     Subsection (b) of section 6431 is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (2) by striking ``35 percent'' and inserting ``the 
     applicable percentage''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Applicable percentage.--For purposes of this 
     subsection, the term `applicable percentage' means the 
     percentage determined in accordance with the following table:


------------------------------------------------------------------------
 ``In the case of a qualified bond issued     The applicable percentage
           during calendar year:                         is:
------------------------------------------------------------------------
2009 or 2010..............................  35 percent
2011......................................  32 percent.''.
------------------------------------------------------------------------

       (d) Current Refundings Permitted.--Subsection (g) of 
     section 54AA is amended by adding at the end the following 
     new paragraph:
       ``(3) Treatment of current refunding bonds.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified bond' includes any bond (or series of bonds) 
     issued to refund a qualified bond if--
       ``(i) the average maturity date of the issue of which the 
     refunding bond is a part is not later than the average 
     maturity date of the bonds to be refunded by such issue,
       ``(ii) the amount of the refunding bond does not exceed the 
     outstanding amount of the refunded bond, and
       ``(iii) the refunded bond is redeemed not later than 90 
     days after the date of the issuance of the refunding bond.
       ``(B) Applicable percentage.--In the case of a refunding 
     bond referred to in subparagraph (A), the applicable 
     percentage with respect to such bond under section 6431(b) 
     shall be the lowest percentage specified in paragraph (2) of 
     such section.
       ``(C) Determination of average maturity.--For purposes of 
     subparagraph (A)(i), average maturity shall be determined in 
     accordance with section 147(b)(2)(A).''.
                                 ______
                                 
  SA 4780. Mr. WARNER (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 74, after line 6, add:

     SEC. 803. SENSE OF THE SENATE REGARDING THE FEDERAL DEBT AND 
                   BUDGET DEFICIT.

       (a) Findings.--The Senate finds that:
       (1) The Federal tax code is in need of significant and 
     comprehensive reform.
       (2) The way forward to overcome the challenges to 
     strengthen our economy for future generations is in a bi-
     partisan manner.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that:
       (1) The American people want Congress and the Executive 
     Branch to address the issue of unsustainable deficits and 
     debt in a bi-partisan way, focusing on a civil policy-
     oriented discussion.
       (2) A comprehensive plan for addressing the fiscal concerns 
     facing our Nation should be considered by the United States 
     Senate by the end of calendar year 2011.
       (3) The fundamental cornerstones of this plan will be tax 
     reform, spending restraint, and debt and deficit reduction.
                                 ______
                                 
  SA 4781. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 41, between lines 15 and 16, insert the following:
       (c) Application of Grants for Specified Energy Property to 
     Certain Regulated Companies.--
       (1) In general.--The first sentence of section 1603(f) of 
     division B of the American Recovery and Reinvestment Act of 
     2009 is amended by inserting ``(other than subsection (d)(2) 
     thereof)'' after ``section 50 of the Internal Revenue Code of 
     1986''.

[[Page S8875]]

       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in section 1603 of division 
     B the American Recovery and Reinvestment Act of 2009.
                                 ______
                                 
  SA 4782. Mr. MENENDEZ (for himself and Mr. Bayh) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 51, between lines 21 and 22, insert the following:

     SEC. 722. ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY 
                   TAXES FOR NONITEMIZERS.

       (a) In General.--Subparagraph (C) of section 63(c)(1) is 
     amended by striking ``2008 or 2009'' and inserting ``2008, 
     2009, or 2010''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
                                 ______
                                 
  SA 4783. Mr. BINGAMAN (for himself and Ms. Snowe) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 74, after line 6, insert the following:

          TITLE IX--ADVANCED ENERGY TAX INCENTIVES ACT OF 2010

     SECTION 901. SHORT TITLE.

       (a) Short Title.--This Act may be cited as the ``Advanced 
     Energy Tax Incentives Act of 2010''.

         Subtitle A--Industrial and Building Energy Efficiency

          PART I--EXPANSION OF BUILDING EFFICIENCY INCENTIVES

     SEC. 911. INCREASE IN, AND EXTENSION OF, NEW ENERGY EFFICIENT 
                   HOME CREDIT.

       (a) New Tier; Credit Amount for New Tier.--
       (1) New tier.--Subsection (c) of section 45L is amended to 
     read as follows:
       ``(c) Energy Savings Requirements.--
       ``(1) In general.--A dwelling unit meets the energy saving 
     requirements of this subsection if such unit is--
       ``(A) described in paragraph (2),
       ``(B) described in paragraph (3),
       ``(C) a manufactured home described in paragraph (4), or
       ``(D) a manufactured home described in paragraph (5).
       ``(2) Dwelling unit described in paragraph (2).--A dwelling 
     unit is described in this paragraph if such unit is 
     certified--
       ``(A) to have a level of annual heating and cooling energy 
     consumption which is at least 50 percent below the annual 
     level of heating and cooling energy consumption of a 
     comparable dwelling unit--
       ``(i) which is constructed in accordance with the standards 
     of chapter 4 of the 2003 International Energy Conservation 
     Code, as such Code (including supplements) is in effect on 
     the date of the enactment of the Energy Tax Incentives Act of 
     2005, and
       ``(ii) for which the heating and cooling equipment 
     efficiencies correspond to the minimum allowed under the 
     regulations established by the Department of Energy pursuant 
     to the National Appliance Energy Conservation Act of 1987 and 
     in effect at the time of completion of construction, and
       ``(B) to have building envelope component improvements 
     account for at least \1/5\ of such 50 percent.

     The Secretary, in consultation with the Secretary of Energy 
     shall provide by regulation for the application of this 
     paragraph in the case of a dwelling unit in a multifamily 
     building that is more than 3 stories above grade, or in any 
     other building that is not within the scope of such chapter 
     4. If, upon the acquisition of such unit by any person 
     described in subsection (a)(1)(A)(ii)(I), the amount of the 
     credit allowed under this section with respect to such unit 
     shall be disclosed to such person.
       ``(3) Dwelling unit described in paragraph (3).--A dwelling 
     unit is described in this paragraph if such unit is 
     certified--
       ``(A) to have a level of annual total energy consumption 
     (including heating, cooling, water heating, lighting, and 
     appliance energy use) which is at least 50 percent below the 
     annual level of total energy consumption of a comparable 
     dwelling unit which is constructed in accordance with the 
     2004 Supplement of the 2003 International Energy Conservation 
     Code, and
       ``(B) to have building envelope component improvements 
     account for at least \1/5\ of such 50 percent.
       ``(4) Manufactured home described in paragraph (4).--A 
     manufactured home is described in this paragraph if such 
     manufactured home conforms to Federal Manufactured Home 
     Construction and Safety Standards (part 3280 of title 24, 
     Code of Federal Regulations) and meets the requirements of a 
     dwelling unit described in paragraph (2).
       ``(5) Manufactured home described in paragraph (5).--A 
     manufactured home is described in this paragraph if such 
     manufactured home conforms to Federal Manufactured Home 
     Construction and Safety Standards (part 3280 of title 24, 
     Code of Federal Regulations) and--
       ``(A) meets the requirements of--
       ``(i) a dwelling unit described in paragraph (2), applied 
     by substituting `30 percent' for `50 percent' both places it 
     appears therein and by substituting `\1/3\' for `\1/5\' in 
     subparagraph (B) thereof, or
       ``(ii) a dwelling unit described in paragraph (3), or
       ``(B) meets the requirements established by the 
     Administrator of the Environmental Protection Agency under 
     the Energy Star Labeled Homes program as in effect on the 
     date of the enactment of the Advanced Energy Tax Incentives 
     Act of 2010, or
       ``(C) meets the requirements under the Energy Star Labeled 
     Homes program established after the date of the enactment of 
     the Advanced Energy Tax Incentives Act of 2010.''.
       (2) Credit amount for new tier.--Paragraph (2) of section 
     45L(a) is amended to read as follows:
       ``(2) Applicable amount.--For purposes of paragraph (1), 
     the applicable amount is an amount equal to--
       ``(A) in the case of a dwelling unit described in paragraph 
     (2) or (4) of subsection (c), $2,000,
       ``(B) in the case of a dwelling unit described in paragraph 
     (3) of subsection (c), $5,000,
       ``(C) in the case of a manufactured home described in 
     paragraph (5)(A)(i) or (5)(B) of subsection (c), $1,500, and
       ``(D) in the case of a manufactured home described in 
     paragraph (5)(A)(ii) or (5)(C) of subsection (c), $2,500.

     Nothing in this section shall permit the same dwelling unit 
     or manufactured home to qualify for more than one applicable 
     amount.''.
       (b) Credit Available for Rental Units, Owner-Builders, and 
     Qualified Low-Income Buildings; Credit Amount for Qualified 
     Low-Income Buildings.--
       (1) In general.--Paragraph (1) of section 45L(a) is amended 
     to read as follows:
       ``(1) In general.--For purposes of section 38--
       ``(A) in the case of an eligible contractor, the new energy 
     efficient home credit for the taxable year is the applicable 
     amount for each qualified new energy efficient home which 
     is--
       ``(i) constructed by the eligible contractor, and
       ``(ii)(I) acquired by a person from such eligible 
     contractor and used by any person as a residence during the 
     taxable year, or
       ``(II) used by such eligible contractor as a residence 
     during the taxable year, and
       ``(B) in the case of a taxpayer, the new energy efficient 
     home credit for the taxable year is the applicable amount for 
     each qualified new energy efficient home which is in a 
     qualified low-income building (as defined in section 
     42(c)(2))--
       ``(i) placed in service by the taxpayer during the taxable 
     year, and
       ``(ii) for which such taxpayer is allowed a credit under 
     section 42 or a subaward under section 1602(c) of the 
     American Recovery and Reinvestment Tax Act of 2009.''.
       (2) Credit amount.--Paragraph (2) of section 45L(a), as 
     amended by this section, is amended by adding at the end the 
     following new flush sentence:

     ``In the case of a dwelling unit in a qualified low-income 
     building (as so defined), the applicable dollar amount for 
     such a dwelling unit described in 1 of the preceding 
     subparagraphs shall be equal to 150 percent of the dollar 
     amount otherwise specified in such preceding subparagraph, 
     except that if the credit under section 42 with respect to 
     such unit is determined by applying section 42(d)(5)(B), then 
     the applicable dollar amount shall be 115 percent of such 
     dollar amount so specified.''.
       (3) No basis adjustment.--Section 45L(e) is amended by 
     inserting ``(other than a qualified low-income building)'' 
     after ``any property''.
       (c) Certification Method for High Rise Multifamily and 
     Mixed Use Buildings.--Section 45L(d)(1) is amended by 
     inserting ``, and in the case of high rise multifamily and 
     mixed use buildings, after examining the methods required for 
     such buildings under section 179D'' after ``the Secretary of 
     Energy''.
       (d) Credit Allowed Against Alternative Minimum Tax.--
     Subparagraph (B) of section 38(c)(4) is amended--
       (1) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (vii), (viii), and (ix), respectively, and
       (2) by inserting after clause (v) the following new clause:
       ``(vi) the credit determined under section 45L,''.
       (e) Extension.--Subsection (g) of section 45L is amended to 
     read as follows:
       ``(g) Termination.--This section shall not apply to the 
     acquisition of any qualified new energy efficient home--
       ``(1) described in subsection (a)(2)(A) after December 31, 
     2012,

[[Page S8876]]

       ``(2) described in subsection (a)(2)(B) after December 31, 
     2013,
       ``(3) described in subsection (a)(2)(C) after December 31, 
     2010, and
       ``(4) described in subsection (a)(2)(D) after December 31, 
     2013.''.
       (f) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to homes constructed and acquired or placed in service 
     after December 31, 2008.
       (2) AMT.--The amendments made by subsection (d) shall apply 
     to credits determined under section 45L of the Internal 
     Revenue Code of 1986 in taxable years beginning after 
     December 31, 2008, and to carrybacks of such credits.

     SEC. 912. MODIFICATION OF DEDUCTION FOR ENERGY EFFICIENT 
                   COMMERCIAL BUILDINGS.

       (a) Increase in Maximum Amount of Deduction.--
       (1) In general.--Subparagraph (A) of section 179D(b)(1) is 
     amended by striking ``$1.80'' and inserting ``$3.00''.
       (2) Partial allowance.--Paragraph (1) of section 179D(d) is 
     amended to read as follows:
       ``(1) Partial allowance.--
       ``(A) In general.--Except as provided in subsection (f), 
     if--
       ``(i) the requirement of subsection (c)(1)(D) is not met, 
     but
       ``(ii) there is a certification in accordance with 
     paragraph (6) that--

       ``(I) any system referred to in subsection (c)(1)(C) 
     satisfies the energy-savings targets established by the 
     Secretary under subparagraph (B) with respect to such system, 
     or
       ``(II) the systems referred to in subsection (c)(1)(C)(ii) 
     and subsection (c)(1)(C)(iii) together satisfy the energy-
     savings targets established by the Secretary under 
     subparagraph (B) with respect to such systems,

     then the requirement of subsection (c)(1)(D) shall be treated 
     as met with respect to such system or systems, and the 
     deduction under subsection (a) shall be allowed with respect 
     to energy efficient commercial building property installed as 
     part of such system and as part of a plan to meet such 
     targets, except that subsection (b) shall be applied to such 
     property described in clause (ii)(I) by substituting `$1.00' 
     for `$3.00' and to such property described in clause (ii)(II) 
     by substituting `$2.20' for `$3.00'.
       ``(B) Regulations.--
       ``(i) In general.--The Secretary, after consultation with 
     the Secretary of Energy, shall establish a target for each 
     system described in subsection (c)(1)(C) which, if such 
     targets were met for all such systems, the building would 
     meet the requirements of subsection (c)(1)(D).
       ``(ii) Combined systems.--The Secretary, after consultation 
     with the Secretary of Energy, shall establish not later than 
     6 months after the date of the enactment of the Advanced 
     Energy Tax Incentives Act of 2010 a prescriptive partial 
     compliance pathway for combined envelope and mechanical 
     system performance that details the appropriate components, 
     efficiency levels, or other relevant information for which 
     the required level of combined savings in both categories can 
     be deemed to have been achieved.''.
       (b) Denial of Double Benefit.--Section 179D is amended by 
     redesignating subsections (g) and (h) as subsections (h) and 
     (i), respectively, and by inserting after subsection (f) the 
     following new subsection:
       ``(g) Coordination With New Energy Efficient Home Credit.--
     No deduction shall be allowed under this section with respect 
     to any building or dwelling unit with respect to which a 
     credit under section 45L was allowed.''.
       (c) Earnings and Profits Conformity for Real Estate 
     Investment Trusts.--Subparagraph (B) of section 312(k)(3) is 
     amended--
       (1) by striking ``.--For purposes of'' and inserting ``.--
       ``(1) In general.--Except as provided in paragraph (2), for 
     purposes of'', and
       (2) by adding at the end the following new paragraph:
       ``(2) Exception.--
       ``(A) In general.--For purposes of computing the earnings 
     and profits of a real estate investment trust (other than a 
     captive real estate investment trust), the entire amount 
     deductible under section 179D shall be allowed as a deduction 
     in the taxable year for which such amount is deductible under 
     section 179D.
       ``(B) Captive real estate investment trust.--
       ``(i) In general.--For purposes of subparagraph (A), the 
     term `captive real estate investment trust' means any real 
     estate investment trust more than 50 percent of the voting 
     power or value of the beneficial interests or shares of which 
     are owned or controlled by a single entity that is treated as 
     an association taxable as a corporation.
       ``(ii) Association taxable as a corporation.--For purposes 
     of clause (i), the term `association taxable as a 
     corporation' shall not include a real estate investment 
     trust.
       ``(iii) Attribution rules.--For purposes of clause (i), the 
     attribution rules of section 856(d)(5) shall apply in 
     determining ownership.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service in taxable years 
     beginning after the date of the enactment of this Act.

     SEC. 913. ENERGY RATINGS OF NON-BUSINESS PROPERTY.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1, as amended by section 915, is amended by inserting 
     after section 25E the following new section:

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

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

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

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

     SEC. 914. CREDIT FOR HOME PERFORMANCE AUDITOR CERTIFICATIONS.

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

     ``SEC. 45S. HOME PERFORMANCE AUDITOR CERTIFICATION CREDIT.

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

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

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

     SEC. 915. PERFORMANCE BASED ENERGY IMPROVEMENTS FOR NON-
                   BUSINESS PROPERTY.

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

     ``SEC. 25E. PERFORMANCE BASED ENERGY IMPROVEMENTS.

       ``(a) In General.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     chapter for the taxable year an amount equal to 50 percent of 
     the amount of qualified home energy efficiency expenditures 
     paid or incurred by the taxpayer during the taxable year.

[[Page S8877]]

       ``(b) Limitations.--
       ``(1) Dollar limitation.--
       ``(A) In general.--The amount of the credit allowed under 
     subsection (a) with respect to any individual for any taxable 
     year shall not exceed the amount determined under 
     subparagraph (B) with respect to the principal residence of 
     such individual.
       ``(B) Amount determined.--
       ``(i) In general.--Subject to clause (iv), the amount 
     determined under this subparagraph is the base amount 
     increased by the amount determined under clause (iii).
       ``(ii) Base amount.--For purposes of this subparagraph, the 
     base amount is--

       ``(I) $3,000, in the case of a residence the construction 
     of which is completed before January 1, 1940, and
       ``(II) $2,000, in the case of a residence the construction 
     of which is completed after December 31, 1939.

       ``(iii) Increase amount.--The amount determined under this 
     clause is--

       ``(I) in the case of a residence described in clause 
     (ii)(I) which has a rating system score lower than or equal 
     to the rating system score which corresponds to the IECC 
     Standard Reference Design for a home of the size and in the 
     climate zone of such residence, $1,000, and
       ``(II) in the case of any residence with a rating system 
     score which is lower than that which corresponds to such IECC 
     Standard Reference Design by not less than 5 points, $500 for 
     each 5 points by which the rating system score which 
     corresponds to such IECC Standard Reference Design exceeds 
     the rating system score of such residence (in addition to the 
     amount provided under clause (i), if applicable).

       ``(iv) Limitation.--In no event shall the amount determined 
     under this subparagraph exceed $8,000 with respect to any 
     individual.
       ``(2) Limitation based on amount of tax.--In the case of 
     taxable years to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section and sections 23, 24, and 25B) and 
     section 27 for the taxable year.
       ``(c) Qualified Home Energy Efficiency Expenditures.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified home energy 
     efficiency expenditures' means any amount paid or incurred 
     for a qualified whole home energy efficiency retrofit, 
     including the cost of audit diagnostic procedures, of a 
     principal residence of the taxpayer which is located in the 
     United States.
       ``(2) Qualified whole home energy efficiency retrofit.--
       ``(A) In general.--The term `qualified whole home energy 
     efficiency retrofit' means a retrofit of an existing 
     residence if, after such retrofit, such residence--
       ``(i) has a rating system score of not greater than--

       ``(I) 100, determined under the HERS Index, in the case of 
     a residence the construction of which is completed before 
     January 1, 1940, and
       ``(II) the rating system score which corresponds to the 
     most current IECC Standard Reference Design for a home of the 
     size and in the climate zone of such residence, in the case 
     of a residence the construction of which is completed after 
     December 31, 1939, or

       ``(ii) achieves an energy efficiency level which is 
     equivalent to the standard applicable to such residence under 
     clause (i), as determined by--

       ``(I) a State-certified equivalent rating network, as 
     specified by IRS Notice 2008-35, which is also a HERS rating 
     system required by State law, or
       ``(II) the Secretary.

     For purposes of the preceding sentence, the HERS Index is the 
     HERS Index established by the Residential Energy Services 
     Network, as in effect on January 1, 2011.
       ``(B) Accreditation rule.--A retrofit shall not be treated 
     as a qualified whole home energy efficiency retrofit unless 
     such retrofit is conducted by a company which is accredited 
     by the Building Performance Institute, or which fulfills an 
     equivalent standard as determined by the Secretary.
       ``(C) Determination of rating system score or equivalent.--
       ``(i) In general.--Subject to clause (ii), the rating 
     system score of a residence, or the equivalent described in 
     subparagraph (A)(ii), shall be determined by an auditor or 
     rater certified by--

       ``(I) the Residential Energy Services Network,
       ``(II) the Building Performance Institute, or
       ``(III) a State-certified equivalent rating network, as 
     specified by IRS Notice 2008-35, which is also a HERS rating 
     system required by State law.

       ``(ii) Secretarial determination.--At the discretion of the 
     Secretary, the Secretary may, in consultation with the 
     Secretary of Energy, determine an alternative standard for 
     certification of an auditor or rater for purposes of 
     determining the rating system score (or equivalent described 
     in subparagraph (A)(ii)) of a residence. If the Secretary 
     establishes such an alternative standard, clause (i) shall 
     cease to apply unless the Secretary determines otherwise.
       ``(D) Regulations.--
       ``(i) Costs.--Not later than December 31, 2011, in 
     consultation with the Secretary, the Secretary of Energy 
     shall prescribe regulations which specify the costs with 
     respect to energy improvements which may be taken into 
     account under this paragraph as part of a qualified whole 
     home energy efficiency retrofit.
       ``(ii) Documentation.--The Secretary of the Treasury may 
     prescribe regulations directing what specific documentation 
     is required for claiming the credit under this section, which 
     may include a certified form completed by the qualified whole 
     home energy efficiency retrofit and signed by the individual 
     taxpayer.
       ``(3) Expansion of building envelope ineligible.--The term 
     `qualified home energy efficiency expenditures' shall not 
     include any amount which is paid or incurred in connection 
     with any expansion of the building envelope of a principal 
     residence.
       ``(4) Special rule for expenditures relating to renewable 
     energy systems.--In the case of any qualified home energy 
     efficiency expenditures relating to a renewable energy 
     system, subsection (a) shall be applied with respect to the 
     expenditures relating to such system by substituting `30 
     percent' for `50 percent'.
       ``(5) No double benefit.--
       ``(A) In general.--No credit shall be allowed under this 
     section for any taxable year in which the taxpayer elects the 
     credit under section 25C.
       ``(B) No double benefit for certain expenditures.--The term 
     `qualified home energy efficiency expenditures' shall not 
     include any expenditure for which a deduction or credit is 
     otherwise allowed to the taxpayer under this chapter for the 
     taxable year or with respect to which the taxpayer receives 
     any Federal rebate.
       ``(6) Principal residence.--The term `principal residence' 
     has the same meaning as when used in section 121, except 
     that--
       ``(A) no ownership requirement shall be imposed, and
       ``(B) the period for which a building is treated as used as 
     a principal residence shall also include the 60-day period 
     ending on the 1st day on which it would (but for this 
     subparagraph) first be treated as used as a principal 
     residence.
       ``(d) Rating System Score.--For purposes of this section--
       ``(1) In general.--Subject to paragraph (2), the rating 
     system score shall be the score assigned under--
       ``(A) the HERS Index established by the Residential Energy 
     Services Network, or
       ``(B) an equivalent described in subparagraph (c)(2)(A)(ii) 
     by a State-certified equivalent rating network, as specified 
     by IRS Notice 2008-35, which is also a HERS rating system 
     required by State law.
       ``(2) Secretarial determination.--At the discretion of the 
     Secretary, the Secretary may, in consultation with the 
     Secretary of Energy, determine an alternative rating system 
     (including an alternative system based on the HERS Index 
     established by the Residential Energy Services Network). If 
     the Secretary establishes such an alternative rating system, 
     the rating system score with respect to any residence shall 
     be the score assigned under such alternative rating system.
       ``(e) IECC Standard Reference Design.--
       ``(1) In general.--The term `IECC Standard Reference 
     Design' means the Standard Reference Design determined under 
     the International Energy Conservation Code in effect for the 
     taxable year in which the credit under this section is 
     determined.
       ``(2) Limitation to residences constructed after effective 
     date of most recent code.--No credit shall be allowed under 
     this section with respect to a principal residence the 
     construction of which is completed after the effective date 
     of the International Energy Conservation Code in effect for 
     the taxable year for which such credit would otherwise be 
     determined.
       ``(f) Special Rules.--For purposes of this section, rules 
     similar to the rules under paragraphs (4), (5), (6), (7), and 
     (8) of section 25D(e) and section 25C(e)(2) shall apply.
       ``(g) Basis Adjustments.--For purposes of this subtitle, if 
     a credit is allowed under this section with respect to any 
     expenditure with respect to any property, the increase in the 
     basis of such property which would (but for this subsection) 
     result from such expenditure shall be reduced by the amount 
     of the credit so allowed.
       ``(h) Election Not To Claim Credit.--This section shall not 
     apply to a taxpayer for any taxable year if such taxpayer 
     elects to have this section not apply for such taxable year.
       ``(i) Termination.--This section shall not apply with 
     respect to any costs paid or incurred after December 31, 
     2013.''.
       (b) Conforming Amendments.--
       (1) Section 26(a)(1) is amended by inserting ``25E,'' after 
     ``25D,''.
       (2) Section 1016(a) is amended--
       (A) by striking ``and'' at the end of paragraph (36),
       (B) by striking the period at the end of paragraph (37) and 
     inserting ``, and'', and
       (C) by adding at the end the following new paragraph:
       ``(38) to the extent provided in section 25E(g), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 25E.''.
       (3) Section 6501(m) is amended by inserting ``25E(h),'' 
     after ``section''.
       (4) The table of sections for subpart A of part IV of 
     subchapter A chapter 1 is amended

[[Page S8878]]

     by inserting after the item relating to section 25D the 
     following new item:

``Sec. 25E. Performance based energy improvements.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning on or after January 1, 2011.

     SEC. 916. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension.--
       (1) In general.--Section 25C(g)(2) is amended by striking 
     ``2010'' and inserting ``2011''.
       (2) Limitation.--Section 25C(b) is amended by striking 
     ``2009 and 2010'' and inserting ``2011''.
       (b) Limitation on Expenses Relating to Windows.--Section 
     25C(c)(2)(B) is amended by inserting ``(but only to the 
     extent the amount paid or incurred for such windows does not 
     exceed $500)'' before the comma.
       (c) Labor Costs for Insulation Installation.--Section 
     25C(c)(1) is amended by adding at the end the following flush 
     text:

     ``In the case of a building envelope component described in 
     paragraph (2)(A), the amount taken into account as paid or 
     incurred for qualified energy efficiency improvements shall 
     include expenditures for labor costs properly allocable to 
     the onsite preparation, assembly, or original installation of 
     such component.''
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2010.

     PART II--EXPANSION OF INDUSTRIAL ENERGY EFFICIENCY INCENTIVES

     SEC. 921. QUALIFYING EFFICIENT INDUSTRIAL PROCESS WATER USE 
                   PROJECT CREDIT.

       (a) In General.--Section 46 is amended by striking ``and'' 
     at the end of paragraph (5), by striking the period at the 
     end of paragraph (6), and by adding at the end the following 
     new paragraph:
       ``(7) the qualifying efficient industrial process water use 
     project credit.''.
       (b) Amount of Credit.--Subpart E of part IV of subchapter A 
     of chapter 1 is amended by inserting after section 48D the 
     following new section:

     ``SEC. 48E. QUALIFYING EFFICIENT INDUSTRIAL PROCESS WATER USE 
                   PROJECT CREDIT.

       ``(a) In General.--
       ``(1) Allowance of credit.--For purposes of section 46, the 
     qualifying efficient industrial process water use project 
     credit for any taxable year is an amount equal to the 
     applicable percentage of the qualified investment for such 
     taxable year with respect to any qualifying efficient 
     industrial process water use project of the taxpayer.
       ``(2) Applicable percentage.--For purposes of subsection 
     (a), the applicable percentage is--
       ``(A) 10 percent in the case of a qualifying efficient 
     industrial process water use project which achieves a net 
     energy consumption of less than 3,000 kilowatt hours per 
     million gallons of water, and is placed in service before 
     January 1, 2013,
       ``(B) 20 percent in the case of a qualifying efficient 
     industrial process water use project which achieves a net 
     energy consumption of less than 2,000 kilowatt hours per 
     million gallons of water, and
       ``(C) 30 percent in the case of a qualifying efficient 
     industrial process water use project which achieves a net 
     energy consumption of less than 1,000 kilowatt hours per 
     million gallons of water.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying efficient 
     industrial process water use project.
       ``(2) Exceptions.--Such term shall not include any portion 
     of the basis related to--
       ``(A) permitting,
       ``(B) land acquisition, or
       ``(C) infrastructure associated with sourcing or water 
     discharge.
       ``(3) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(4) Special rule for subsidized energy financing.--Rules 
     similar to the rules of section 48(a)(4) (without regard to 
     subparagraph (D) thereof) shall apply for purposes of this 
     section.
       ``(5) Limitation.--The amount which is treated for all 
     taxable years with respect to any qualifying efficient 
     industrial process water use project with respect to any site 
     shall not exceed $10,000,000.
       ``(c) Definitions.--
       ``(1) Qualifying efficient industrial process water use 
     project.--The term `qualifying efficient industrial process 
     water use project' means, with respect to any site, a 
     project--
       ``(A) which replaces or modifies a system for the use of 
     water or steam in the production of goods in the trade or 
     business of manufacturing (including any system for the use 
     of water derived from blow-down from cooling towers and steam 
     systems in the generation of electric power at a site also 
     used for the production of goods in the trade or business of 
     manufacturing), and
       ``(B) which is designed to achieve--
       ``(i) a reduction of not less than 20 percent in water 
     withdrawal and a reduction of not less than 10 percent of 
     water discharge when compared to the existing water use at 
     the site, or
       ``(ii) a reduction of not less than 10 percent in water 
     withdrawal and a reduction of not less than 20 percent of 
     water discharge when compared to the existing water use at 
     the site.
       ``(2) Eligible property.--The term `eligible property' 
     means any property--
       ``(A) which is part of a qualifying efficient industrial 
     process water use project and which is necessary for the 
     reduction in withdrawals or discharge described in paragraph 
     (1)(B),
       ``(B)(i) the construction, reconstruction, or erection of 
     which is completed by the taxpayer, or
       ``(ii) which is acquired by the taxpayer if the original 
     use of such property commences with the taxpayer, and
       ``(C) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(3) Net energy consumption.--The term `net energy 
     consumption' means the energy consumed, both on-site and off-
     site, with respect to the water described in paragraph 
     (1)(A). Net energy consumption shall be normalized per unit 
     of industrial output and measured under rules and procedures 
     established by the Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency.
       ``(4) Water discharge.--The term `water discharge' means 
     all water leaving the site via permitted or unpermitted 
     surface water discharges, discharges to publicly owned 
     treatment works, and shallow- or deep-injection (whether on-
     site or off-site).
       ``(5) Water withdrawal.--The term `water withdrawal' means 
     all water taken for use at the site from on-site ground and 
     surface water sources together with any water supplied to the 
     site by a public water system.
       ``(d) Termination.--This section shall not apply to periods 
     after December 31, 2014, under rules similar to the rules of 
     section 48(m) (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).''.
       (c) Conforming Amendments.--
       (1) Section 49(a)(1)(C) is amended by striking ``and'' at 
     the end of clause (v), by striking the period at the end of 
     clause (vi) and inserting ``, and'', and by adding after 
     clause (vi) the following new clause:
       ``(vii) the basis of any property which is part of a 
     qualifying efficient industrial use water project under 
     section 48E.''.
       (2) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 48D the following new item:

``Sec. 48E. Qualifying efficient industrial process water use project 
              credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after January 1, 2011, under rules 
     similar to the rules of section 48(m) of the Internal Revenue 
     Code of 1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).

     SEC. 922. MOTOR ENERGY EFFICIENCY IMPROVEMENT TAX CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1, as amended by section 914, is amended by adding at 
     the end the following new section:

     ``SEC. 45T. MOTOR ENERGY EFFICIENCY IMPROVEMENT TAX CREDIT.

       ``(a) In General.--For purposes of section 38, the motor 
     energy efficiency improvement tax credit determined under 
     this section for the taxable year is an amount equal to $120 
     multiplied by the motor horsepower of an appliance, machine, 
     or equipment--
       ``(1) manufactured in such taxable year by a manufacturer 
     which incorporates an advanced motor system into a newly 
     designed appliance, machine, or equipment or into a 
     redesigned appliance, machine, or equipment which did not 
     previously make use of the advanced motor system, or
       ``(2) placed back into service in such taxable year by an 
     end user which upgrades an existing appliance, machine, or 
     equipment with an advanced motor system.

     For any advanced motor system with a total horsepower of less 
     than 10, such motor energy efficiency improvement tax credit 
     is an amount which bears the same ratio to $120 as such total 
     horsepower bears to 1 horsepower.
       ``(b) Advanced Motor System.--For purposes of this section, 
     the term `advanced motor system' means a motor and any 
     required associated electronic control which--
       ``(1) offers variable or multiple speed operation, and
       ``(2) uses permanent magnet technology, electronically 
     commutated motor technology, switched reluctance motor 
     technology, or such other motor systems technologies as 
     determined by the Secretary of Energy.
       ``(c) Aggregate Per Taxpayer Limitation.--
       ``(1) In general.--The amount of the credit determined 
     under this section for any taxpayer for any taxable year 
     shall not exceed the excess (if any) of $2,000,000 over the 
     aggregate credits allowed under this section with respect to 
     such taxpayer for all prior taxable years.
       ``(2) Aggregation rules.--For purposes of this section, all 
     persons treated as a single employer under subsections (a) 
     and (b) of section 52 shall be treated as 1 taxpayer.
       ``(d) Special Rules.--

[[Page S8879]]

       ``(1) Basis reduction.--For purposes of this subtitle, the 
     basis of any property for which a credit is allowable under 
     subsection (a) shall be reduced by the amount of such credit 
     so allowed.
       ``(2) No double benefit.--No other credit shall be 
     allowable under this chapter for property with respect to 
     which a credit is allowed under this section.
       ``(3) Property used outside united states not qualified.--
     No credit shall be allowable under subsection (a) with 
     respect to any property referred to in section 50(b)(1).
       ``(e) Application.--This section shall not apply to 
     property manufactured or placed back into service before the 
     date which is 6 months after the date of the enactment of 
     this section or after December 31, 2013.''.
       (b) Conforming Amendments.--
       (1) Section 38(b), as amended by section 914, is amended by 
     striking ``plus'' at the end of paragraph (36), by striking 
     the period at the end of paragraph (37) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(38) the motor energy efficiency improvement tax credit 
     determined under section 45T.''.
       (2) Section 1016(a), as amended by section 915, is amended 
     by striking ``and'' at the end of paragraph (37), by striking 
     the period at the end of paragraph (38) and inserting ``, 
     and'', and by adding at the end the following new paragraph:
       ``(39) to the extent provided in section 45T(d)(1).''.
       (3) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by section 914, is 
     amended by adding at the end the following new item:

``Sec. 45T. Motor energy efficiency improvement tax credit.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to property manufactured or placed back into 
     service after the date which is 6 months after the date of 
     the enactment of this Act.

     SEC. 923. CREDIT FOR REPLACEMENT OF CFC REFRIGERANT CHILLER.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1, as amended by section 922, is amended by adding at 
     the end the following new section:

     ``SEC. 45U. CFC CHILLER REPLACEMENT CREDIT.

       ``(a) In General.--For purposes of section 38, the CFC 
     chiller replacement credit determined under this section for 
     the taxable year is an amount equal to--
       ``(1) $150 multiplied by the tonnage rating of a CFC 
     chiller replaced with a new efficient chiller that is placed 
     in service by the taxpayer during the taxable year, plus
       ``(2) if all chilled water distribution pumps connected to 
     the new efficient chiller include variable frequency drives, 
     $100 multiplied by any tonnage downsizing.
       ``(b) CFC Chiller.--For purposes of this section, the term 
     `CFC chiller' includes property which--
       ``(1) was installed after 1980 and before 1993,
       ``(2) utilizes chlorofluorocarbon refrigerant, and
       ``(3) until replaced by a new efficient chiller, has 
     remained in operation and utilized for cooling a commercial 
     building.
       ``(c) New Efficient Chiller.--For purposes of this section, 
     the term `new efficient chiller' includes a water-cooled 
     chiller which is certified to meet efficiency standards 
     effective on January 1, 2010, as defined in table 6.8.1c in 
     Addendum M to Standard 90.1-2007 of the American Society of 
     Heating, Refrigerating, and Air Conditioning Engineers.
       ``(d) Tonnage Downsizing.--For purposes of this section, 
     the term `tonnage downsizing' means the amount by which the 
     tonnage rating of the CFC chiller exceeds the tonnage rating 
     of the new efficient chiller.
       ``(e) Energy Audit.--As a condition of receiving a tax 
     credit under this section, an energy audit shall be performed 
     on the building prior to installation of the new efficient 
     chiller, identifying cost-effective energy-saving measures, 
     particularly measures that could contribute to chiller 
     downsizing. The audit shall satisfy criteria that shall be 
     issued by the Secretary of Energy.
       ``(f) Property Used by Tax-Exempt Entity.--In the case of a 
     CFC chiller replaced by a new efficient chiller the use of 
     which is described in paragraph (3) or (4) of section 50(b), 
     the person who sold such new efficient chiller to the entity 
     shall be treated as the taxpayer that placed in service the 
     new efficient chiller that replaced the CFC chiller, but only 
     if such person clearly discloses to such entity in a document 
     the amount of any credit allowable under subsection (a) and 
     the person certifies to the Secretary that the person reduced 
     the price the entity paid for such new efficient chiller by 
     the entire amount of such credit.
       ``(g) Termination.--This section shall not apply to 
     replacements made after December 31, 2012.''.
       (b) Conforming Amendments.--
       (1) Section 38(b), as amended by section 922, is amended by 
     striking ``plus'' at the end of paragraph (37), by striking 
     the period at the end of paragraph (38) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(39) the CFC chiller replacement credit determined under 
     section 45U.''.
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by section 922, is 
     amended by adding at the end the following new item:

``Sec. 45U. CFC chiller replacement credit.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to replacements made after the date of the 
     enactment of this Act.

     SEC. 924. MODIFICATIONS IN CREDIT FOR COMBINED HEAT AND POWER 
                   SYSTEM PROPERTY.

       (a) Modification of Certain Capacity Limitations.--Section 
     48(c)(3)(B) is amended--
       (1) by striking ``15 megawatts'' in clause (ii) and 
     inserting ``25 megawatts'',
       (2) by striking ``20,000 horsepower'' in clause (ii) and 
     inserting ``34,000 horsepower'', and
       (3) by striking clause (iii).
       (b) Nonapplication of Certain Rules.--Section 48(c)(3)(C) 
     is amended by adding at the end the following new clause:
       ``(iv) Nonapplication of certain rules.--For purposes of 
     determining if the term `combined heat and power system 
     property' includes technologies which generate electricity or 
     mechanical power using back-pressure steam turbines in place 
     of existing pressure-reducing valves or which make use of 
     waste heat from industrial processes such as by using organic 
     rankine, stirling, or kalina heat engine systems, 
     subparagraph (A) shall be applied without regard to clause 
     (ii).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

                  PART III--THERMAL ENERGY EFFICIENCY

     SEC. 931. BONUS DEPRECIATION FOR QUALIFYING ENERGY PROPERTY.

       (a) In General.--Section 168 is amended by adding at the 
     end the following new subsection:
       ``(o) Special Allowance for Qualifying Energy Property.--
       ``(1) In general.--In the case of any efficient commercial 
     energy property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 50 percent of the 
     adjusted basis of the efficient commercial energy property, 
     and
       ``(B) the adjusted basis of the efficient commercial energy 
     property shall be reduced by the amount of such deduction 
     before computing the amount otherwise allowable as a 
     depreciation deduction under this chapter for such taxable 
     year and any subsequent taxable year.
       ``(2) Efficient commercial energy property.--For purposes 
     of this subsection--
       ``(A) In general.--The term `efficient commercial energy 
     property' means any property placed in service before January 
     1, 2012, which is used in a qualifying heating conversion.
       ``(B) Treatment of certain expenditures.--Such term shall 
     include fuel service connection installation costs 
     specifically related to fuel service to the qualified energy 
     property described in clause (ii) of subparagraph (C) used in 
     such conversion, but does not include expenditures for soil 
     cleanup.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 932. EXTENSION OF REDUCED DEPRECIATION PERIOD FOR 
                   NATURAL GAS DISTRIBUTION FACILITIES.

       (a) In General.--Clause (viii) of section 168(e)(3)(E) is 
     amended to read as follows:
       ``(viii) any natural gas distribution facility the original 
     use of which commences with the taxpayer after April 11, 
     2005, and which is placed in service before January 1, 2013, 
     and''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the amendments made 
     section 1325(a) of the Energy Tax Incentives Act of 2005.

                     Subtitle B--Vehicle Efficiency

     SEC. 941. IDLING REDUCTION TAX CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1, as amended by section 923, is amended by adding at 
     the end the following new section:

     ``SEC. 45V. IDLING REDUCTION CREDIT.

       ``(a) General Rule.--For purposes of section 38, the idling 
     reduction tax credit determined under this section for the 
     taxable year is an amount equal to the applicable percentage 
     of the amount paid or incurred for each qualifying idling 
     reduction device placed in service by the taxpayer during the 
     taxable year.
       ``(b) Limitation.--The maximum amount allowed as a credit 
     under subsection (a) for each qualifying idling reduction 
     device shall not exceed the applicable credit amount for such 
     device.
       ``(c) Applicable Percentage; Applicable Credit Amount.--
       ``(1) Devices with cooling capability.--In the case of any 
     qualifying idling reduction device with cooling capability 
     for the vehicle passenger compartment, the applicable 
     percentage and applicable credit amount shall be determined 
     in accordance with the following table:


[[Page S8880]]



------------------------------------------------------------------------
  ``Device consumption of diesel gallon     Applicable      Applicable
           equivalent per hour              percentage     credit amount
------------------------------------------------------------------------
Not more than 0.10......................              50          $5,000
More than 0.10 but not more than 0.15...              40          $4,000
More than 0.15 but not more than 0.25...              30          $3,000
More than 0.25..........................               0             $0.
------------------------------------------------------------------------

       ``(2) Devices with no cooling capability.--In the case of 
     any qualifying idling reduction device without any cooling 
     capability, the applicable percentage and applicable credit 
     amount shall be determined in accordance with the following 
     table:


------------------------------------------------------------------------
  ``Device consumption of diesel gallon     Applicable      Applicable
           equivalent per hour              percentage     credit amount
------------------------------------------------------------------------
Not more than 0.04......................              50          $1,000
More than 0.04 but not more than 0.06...              50            $800
More than 0.06..........................               0             $0.
------------------------------------------------------------------------

       ``(3) Modification authority.--The Administrator of the 
     Environmental Protection Agency, in consultation with the 
     Secretary, may modify the consumption thresholds categories 
     specified in the tables under paragraphs (1) and (2) by not 
     more than 0.05 diesel gallon equivalent per hour, but only if 
     testing procedures do not prove accurate enough to discern 
     between such specified categories.
       ``(d) Qualifying Idling Reduction Device.--For purposes of 
     this section--
       ``(1) In general.--The term `qualifying idling reduction 
     device' means any on-board device or system of devices 
     which--
       ``(A) is installed on a heavy-duty diesel-powered on-
     highway vehicle in conformance with safety regulations under 
     section 393 of title 49 of the Code of Federal Regulations,
       ``(B) is designed to provide to such vehicle those services 
     (such as heat, air conditioning, or electricity) that would 
     otherwise require the operation of the main drive engine 
     while the vehicle is temporarily parked or remains 
     stationary,
       ``(C) is capable of providing power continuously for such 
     services for at least 8 consecutive hours,
       ``(D) emits fewer oxides of nitrogen (NOx) and particulate 
     matter (PM) on a cumulative basis than would be emitted by a 
     2010-compliant engine running for the same amount of time (as 
     determined under Environmental Protection Agency emission 
     standards and supplemental requirements for 2007 and later 
     model year diesel heavy-duty engines and vehicles (40 C.F.R. 
     86.007-11)),
       ``(E) the original use of which commences with the 
     taxpayer,
       ``(F) is acquired for use by the taxpayer and not for 
     resale, and
       ``(G) has had its average hourly fuel consumption in diesel 
     equivalent gallons verified by the Secretary, in  
     consultation with the Administrator of the Environmental 
     Protection Agency.
       ``(2) Heavy-duty diesel-powered on-highway vehicle.--The 
     term `heavy-duty diesel-powered on-highway vehicle' means any 
     diesel-powered commercial motor vehicle with a gross vehicle 
     registered weight of at least 26,000 pounds (as defined by 
     the Secretary of Transportation) which is propelled or drawn 
     by mechanical power and used upon the highways in the 
     transportation of passengers or property.
       ``(3) Determination of verification standards.--The 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall establish testing 
     methodology and standards for verifying qualifying idling 
     reduction devices.
       ``(e) No Double Benefit.--For purposes of this section--
       ``(1) Reduction in basis.--If a credit is determined under 
     this section with respect to any property by reason of 
     expenditures described in subsection (a), the basis of such 
     property shall be reduced by the amount of the credit so 
     determined.
       ``(2) Other deductions and credits.--No deduction or credit 
     shall be allowed under any other provision of this chapter 
     with respect to the amount of the credit determined under 
     this section.
       ``(f) Election Not To Claim Credit.--This section shall not 
     apply to a taxpayer for any taxable year if such taxpayer 
     elects to have this section not apply for such taxable year.
       ``(g) Termination.--This section shall not apply to any 
     device placed in service after December 31, 2014.''.
       (b) Credit To Be Part of General Business Credit.--
     Subsection (b) of section 38, as amended by section 941, is 
     amended by striking ``plus'' at the end of paragraph (39), by 
     striking the period at the end of paragraph (40) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(41) the idling reduction tax credit determined under 
     section 45V(a).''.
       (c) Conforming Amendments.--
       (1) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by section 923, is 
     amended by adding at the end the following new item:

``Sec. 45V. Idling reduction credit.''.
       (2) Section 1016(a), as amended by section 941, is amended 
     by striking ``and'' at the end of paragraph (39), by striking 
     the period at the end of paragraph (40) and inserting ``, 
     and'', and by adding at the end the following:
       ``(41) in the case of a facility with respect to which a 
     credit was allowed under section 45V, to the extent provided 
     in section 45V(e)(A).''.
       (3) Section 6501(m), as amended by section 941, is amended 
     by inserting ``45V(f)'' after ``45H(g)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to devices placed in service after the date of 
     the enactment of this Act.

            Subtitle C--Promotion of Domestic Manufacturing

     SEC. 951. EXPANSION AND MODIFICATION OF QUALIFYING ADVANCED 
                   ENERGY PROJECT CREDIT.

       (a) Credit Rate.--Section 48C(a) is amended by striking 
     ``equal to 30 percent'' and inserting ``the percentage 
     determined by the Secretary (not to exceed 30 percent)''.
       (b) Dollar Limitation.--Section 48C(d)(1)(B) is amended by 
     striking ``$2,300,000,000'' and inserting ``$4,800,000,000''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to allocations for applications submitted after 
     December 31, 2009.

     SEC. 952. QUALIFYING INDUSTRIAL ENERGY EFFICIENCY PROJECT 
                   CREDIT.

       (a) In General.--Section 46 of the Internal Revenue Code of 
     1986, as amended by section 921, is amended by striking 
     ``and'' at the end of paragraph (6), by striking the period 
     at the end of paragraph (7), and by adding at the end the 
     following new paragraph:
       ``(8) the qualifying industrial energy efficiency project 
     credit.''.
       (b) Amount of Credit.--Subpart E of part IV of subchapter A 
     of chapter 1, as amended by section 921, is amended by 
     inserting after section 48E the following new section:

     ``SEC. 48F. CREDIT FOR INDUSTRIAL ENERGY EFFICIENCY PROJECTS.

       ``(a) In General.--For purposes of section 46, the 
     qualifying industrial energy efficiency project credit for 
     any taxable year is an amount equal to 30 percent of the 
     qualified investment for such taxable year with respect to 
     any qualifying industrial energy efficiency project of an 
     eligible taxpayer.
       ``(b) Eligible Taxpayer.--For purposes of this section--
       ``(1) In general.--The term `eligible taxpayer' means, with 
     respect to any taxable year, any taxpayer which is an 
     industrial source.
       ``(2) Industrial source.--The term `industrial source' 
     means any stationary source which--
       ``(A) is not primarily an electricity source, and
       ``(B) is in--
       ``(i) the manufacturing sector (as defined in North 
     American Industrial Classification System codes 31, 32, and 
     33), or
       ``(ii) the natural gas processing or natural gas pipeline 
     transportation sector (as defined in North American 
     Industrial Classification System code 211112 or 486210).
       ``(c) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying industrial 
     energy efficiency project.
       ``(2) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(3) Limitation.--The amount which is treated for all 
     taxable years with respect to any qualifying industrial 
     energy efficiency project shall not exceed the amount 
     designated by the Secretary as eligible for the credit under 
     this section.
       ``(d) Definitions.--
       ``(1) Qualifying industrial energy efficiency project.--The 
     term `qualifying industrial energy efficiency project' means 
     a

[[Page S8881]]

     project which reduces energy inputs for a given level of 
     production by capital expenditures.
       ``(2) Eligible property.--The term `eligible property' 
     means any property--
       ``(A) which is necessary for the energy efficiency 
     improvement described in paragraph (1),
       ``(B) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualifying industrial energy 
     efficiency project, and
       ``(C) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(e) Qualifying Credit for Industrial Energy Efficiency 
     Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary, in 
     consultation with the Secretary of Energy, shall establish a 
     qualifying credit for industrial energy efficiency program to 
     consider and award certifications for qualified investments 
     eligible for credits under this section to qualifying 
     industrial energy efficiency project sponsors.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program shall not exceed $1,000,000,000.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require during the 2-
     year period beginning on the date the Secretary establishes 
     the program under paragraph (1).
       ``(B) Time to meet criteria for certification.--Each 
     applicant for certification shall have 1 year from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the 
     requirements of the certification have been met.
       ``(C) Period of issuance.--An applicant which receives a 
     certification shall have 3 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period, then the certification shall no longer be valid.
       ``(3) Selection criteria.--In determining which qualifying 
     industrial energy efficiency projects to certify under this 
     section, the Secretary--
       ``(A) shall take into consideration which projects--
       ``(i) will provide the greatest domestic job retention and 
     creation (both direct and indirect) during the credit period,
       ``(ii) will provide the greatest net impact in avoiding or 
     reducing greenhouse gas emissions, and
       ``(iii) will provide the greatest net reduction of 
     pollutants.
       ``(4) Review and redistribution.--
       ``(A) Review.--Not later than 4 years after the date of the 
     enactment of this section, the Secretary shall review the 
     credits allocated under this section as of such date.
       ``(B) Redistribution.--The Secretary may reallocate credits 
     awarded under this section if the Secretary determines that--
       ``(i) there is an insufficient quantity of qualifying 
     applications for certification pending at the time of the 
     review, or
       ``(ii) any certification made pursuant to paragraph (2) has 
     been revoked pursuant to paragraph (2)(B) because the project 
     subject to the certification has been delayed as a result of 
     third party opposition or litigation to the proposed project.
       ``(C) Reallocation.--If the Secretary determines that 
     credits under this section are available for reallocation 
     pursuant to the requirements set forth in paragraph (2), the 
     Secretary is authorized to conduct an additional program for 
     applications for certification.
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant, the location of the 
     project which is the subject of the application, and the 
     amount of the credit with respect to such applicant.
       ``(f) Denial of Double Benefit.--A credit shall not be 
     allowed under this section for any qualified investment for 
     which a credit is allowed under section 48, 48A, 48B, or 
     48C.''.
       (c) Conforming Amendments.--
       (1) Section 49(a)(1)(C), as amended by section 921, is 
     amended--
       (A) by striking ``and'' at the end of clause (vi),
       (B) by striking the period at the end of clause (vii) and 
     inserting ``, and''; and
       (C) by adding after clause (vii) the following new clause:
       ``(viii) the basis of any property which is part of a 
     qualifying industrial energy efficiency project under section 
     48F.''.
       (2) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1, as amended by section 921, is 
     amended by inserting after the item relating to section 48E 
     the following new item:

``48F. Credit for industrial energy efficiency projects.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

              Subtitle D--Grid Efficiency and Reliability

     SEC. 961. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE 
                   PROPERTY CONNECTED TO THE GRID.

       (a) Up to 20 Percent Credit Allowed.--Subparagraph (A) of 
     section 48(a)(2) is amended--
       (1) by striking ``and'' at the end of subclause (IV) of 
     clause (i),
       (2) by striking ``clause (i)'' in clause (ii) and inserting 
     ``clause (i) or (ii)'',
       (3) by redesignating clause (ii) as clause (iii), and
       (4) by inserting after clause (i) the following new clause:
       ``(ii) as provided in subsection (c)(5)(D), the percentage 
     determined by the Secretary (not to excced 20 percent) in the 
     case of qualified energy storage property, and''.
       (b) Qualified Energy Storage Property.--Subsection (c) of 
     section 48 is amended by adding at the end the following new 
     paragraph:
       ``(5) Qualified energy storage property.--
       ``(A) In general.--The term `qualified energy storage 
     property' means property--
       ``(i) which is directly connected to the electrical grid, 
     and
       ``(ii) which is designed to receive electrical energy, to 
     store such energy, and--

       ``(I) to convert such energy to electricity and deliver 
     such electricity for sale, or
       ``(II) to use such energy to provide improved reliability 
     or economic benefits to the grid.

     Such term may include hydroelectric pumped storage and 
     compressed air energy storage, regenerative fuel cells, 
     batteries, superconducting magnetic energy storage, 
     flywheels, thermal energy storage systems, and hydrogen 
     storage, or combination thereof, or any other technologies as 
     the Secretary, in consultation with the Secretary of Energy, 
     shall determine.
       ``(B) Minimum capacity.--The term `qualified energy storage 
     property' shall not include any property unless such property 
     in aggregate has the ability to sustain a power rating of at 
     least 1 megawatt for a minimum of 1 hour.
       ``(C) Electrical grid.--The term `electrical grid' means 
     the system of generators, transmission lines, and 
     distribution facilities which--
       ``(i) are under the jurisdiction of the Federal Energy 
     Regulatory Commission or State public utility commissions, or
       ``(ii) are owned by--

       ``(I) the Federal government,
       ``(II) a State or any political subdivision of a State,
       ``(III) an electric cooperative that receives financing 
     under the Rural Electrification Act of 1936 (7 U.S.C. 901 et 
     seq.) or that sells less than 4,000,000 megawatt hours of 
     electricity per year, or
       ``(IV) any agency, authority, or instrumentality of any one 
     or more of the entities described in subclause (I) or (II), 
     or any corporation which is wholly owned, directly or 
     indirectly, by any one or more of such entities.

       ``(D) Allocation of credits.--
       ``(i) In general.--In the case of qualified energy storage 
     property placed in service during the taxable year, the 
     credit otherwise determined under subsection (a) for such 
     year with respect to such property shall not exceed the 
     amount allocated to such project under clause (ii).
       ``(ii) National limitation and allocation.--There is a 
     qualified energy storage property investment credit 
     limitation of $1,500,000,000. Such limitation shall be 
     allocated by the Secretary among qualified energy storage 
     property projects selected by the Secretary, in consultation 
     with the Secretary of Energy, for taxable years beginning 
     after the date of the enactment of the Advanced Energy Tax 
     Incentives Act of 2010, except that not more than $30,000,000 
     shall be allocated to any project for all such taxable years.
       ``(iii) Selection criteria.--In making allocations under 
     clause (ii), the Secretary, in consultation with the 
     Secretary of Energy, shall select only those projects which 
     have a reasonable expectation of commercial viability, select 
     projects representing a variety of technologies, 
     applications, and project sizes, and give priority to 
     projects which--

       ``(I) provide the greatest increase in reliability or the 
     greatest economic benefit,
       ``(II) enable the greatest improvement in integration of 
     renewable resources into the grid, or
       ``(III) enable the greatest increase in efficiency in 
     operation of the grid.

       ``(iv) Deadlines.--

       ``(I) In general.--If a project which receives an 
     allocation under clause (ii) is not placed in service within 
     2 years after the date of such allocation, such allocation 
     shall be invalid.
       ``(II) Special rule for hydroelectric pumped storage.--
     Notwithstanding subclause (I), in the case of a hydroelectric 
     pumped storage project, if such project has not received such 
     permits or licenses as are determined necessary by the 
     Secretary, in consultation with the Secretary of Energy, 
     within 3 years after the date of such allocation, begun 
     construction within 5 years after the date of such 
     allocation, and been placed in service within 8 years after 
     the date of such allocation, such allocation shall be 
     invalid.

[[Page S8882]]

       ``(III) Special rule for compressed air energy storage.--
     Notwithstanding subclause (I), in the case of a compressed 
     air energy storage project, if such project has not begun 
     construction within 3 years after the date of the allocation 
     and been placed in service within 5 years after the date of 
     such allocation, such allocation shall be invalid.
       ``(IV) Exceptions.--The Secretary may extend the 2-year 
     period in subclause (I) or the periods described in 
     subclauses (II) and (III) on a project-by-project basis if 
     the Secretary, in consultation with the Secretary of Energy, 
     determines that there has been a good faith effort to begin 
     construction or to place the project in service, whichever is 
     applicable, and that any delay is caused by factors not in 
     the taxpayer's control.

       ``(E) Review and redistribution.--
       ``(i) Review.--Not later than 4 years after the date of the 
     enactment of the Advanced Energy Tax Incentives Act of 2010, 
     the Secretary shall review the credits allocated under 
     subparagraph (D) as of the date of such review.
       ``(ii) Redistribution.--Upon the review described in clause 
     (i), the Secretary may reallocate credits allocated under 
     subparagraph (D) if the Secretary determines that--

       ``(I) there is an insufficient quantity of qualifying 
     applications for certification pending at the time of the 
     review, or
       ``(II) any allocation made under subparagraph (D)(ii) has 
     been revoked pursuant to subparagraph (D)(iv) because the 
     project subject to such allocation has been delayed.

       ``(F) Disclosure of allocations.--The Secretary shall, upon 
     making an allocation under subparagraph (D)(ii), publicly 
     disclose the identity of the applicant, the location of the 
     project, and the amount of the credit with respect to such 
     applicant.
       ``(G) Termination.--No credit shall be allocated under 
     subparagraph (D) for any period ending after December 31, 
     2020.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

     SEC. 962. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID 
                   ELIGIBLE FOR NEW CLEAN RENEWABLE ENERGY BONDS.

       (a) In General.--Paragraph (1) of section 54C(d) is amended 
     to read as follows:
       ``(1) Qualified renewable energy facility.--The term 
     `qualified renewable energy facility' means a facility which 
     is--
       ``(A)(i) a qualified facility (as determined under section 
     45(d) without regard to paragraphs (8) and (10) thereof and 
     to any placed in service date), or
       ``(ii) a qualified energy storage property (as defined in 
     section 48(c)(5)), and
       ``(B) owned by a public power provider, a governmental 
     body, or a cooperative electric company.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 963. ENERGY INVESTMENT CREDIT FOR ONSITE ENERGY STORAGE.

       (a) Credit Allowed.--Clause (i) of section 48(a)(2)(A), as 
     amended by section 961, is amended--
       (1) by striking ``and'' at the end of subclause (III),
       (2) by inserting ``and'' at the end of subclause (IV), and
       (3) by adding at the end the following new subclause:

       ``(V) qualified onsite energy storage property,''.

       (b) Qualified Onsite Energy Storage Property.--Subsection 
     (c) of section 48, as amended by section 961, is amended by 
     adding at the end the following new paragraph:
       ``(6) Qualified onsite energy storage property.--
       ``(A) In general.--The term `qualified onsite energy 
     storage property' means property which--
       ``(i) provides supplemental energy to reduce peak energy 
     requirements primarily on the same site where the storage is 
     located, or
       ``(ii) is designed and used primarily to receive and store 
     intermittent renewable energy generated onsite and to deliver 
     such energy primarily for onsite consumption.

     Such term may include thermal energy storage systems and 
     property used to charge plug-in and hybrid electric vehicles 
     if such property or vehicles are equipped with smart grid 
     services which control time-of-day charging and discharging 
     of such vehicles. Such term shall not include any property 
     for which any other credit is allowed under this chapter.
       ``(B) Minimum capacity.--The term `qualified onsite energy 
     storage property' shall not include any property unless such 
     property in aggregate--
       ``(i) has the ability to store the energy equivalent of at 
     least 20 kilowatt hours of energy,
       ``(ii) has the ability to have an output of the energy 
     equivalent of 5 kilowatts of electricity for a period of 4 
     hours, and
       ``(iii) has a roundtrip energy storage efficiency of not 
     less than 70 percent.
       ``(C) Limitation.--In the case of qualified onsite energy 
     storage property placed in service during the taxable year, 
     the credit otherwise determined under subsection (a) for such 
     year with respect to such property shall not exceed 
     $1,000,000.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

     SEC. 964. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT.

       (a) Credit Allowed.--Subsection (a) of section 25C is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively, and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) 30 percent of the amount paid or incurred by the 
     taxpayer for qualified residential energy storage equipment 
     installed during such taxable year,''.
       (b) Qualified Residential Energy Storage Equipment.--
       (1) In general.--Section 25C, as amended by section 916, is 
     amended--
       (A) by redesignating subsections (e), (f), and (g) 
     subsections (f), (g), and (h), respectively, and
       (B) by inserting after subsection (d) the following new 
     subsection:
       ``(d) Qualified Residential Energy Storage Equipment.--For 
     purposes of this section, the term `qualified residential 
     energy storage equipment' means property--
       ``(1) which is installed in or on a dwelling unit located 
     in the United States and owned and used by the taxpayer as 
     the taxpayer's principal residence (within the meaning of 
     section 121), or on property owned by the taxpayer on which 
     such a dwelling unit is located,
       ``(2) which--
       ``(A) provides supplemental energy to reduce peak energy 
     requirements primarily on the same site where the storage is 
     located, or
       ``(B) is designed and used primarily to receive and store 
     intermittent renewable energy generated onsite and to deliver 
     such energy primarily for onsite consumption,
       ``(3) which has a roundtrip energy storage efficiency of 
     not less than 70 percent, and
       ``(4) which--
       ``(A) has the ability to store the energy equivalent of at 
     least 2 kilowatt hours of energy, and
       ``(B) has the ability to have an output of the energy 
     equivalent of 500 watts of electricity for a period of 4 
     hours.

     Such term may include thermal energy storage systems and 
     property used to charge plug-in and hybrid electric vehicles 
     if such property or vehicles are equipped with smart grid 
     services which control time-of-day charging and discharging 
     of such vehicles. Such term shall not include any property 
     for which any other credit is allowed under this chapter.''.
       (2) Conforming amendment.--Section 1016(a)(33) is amended 
     by striking ``section 25C(f)'' and inserting ``section 
     25C(g)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 965. CLARIFICATION OF TYPES OF ENERGY CONSERVATION 
                   SUBSIDIES PROVIDED BY PUBLIC UTILITIES ELIGIBLE 
                   FOR INCOME EXCLUSION.

       (a) In General.--Section 136 is amended by redesignating 
     subsection (d) as subsection (e) and by inserting after 
     subsection (c) the following new subsection:
       ``(d) Net Metering or Net Billing Programs; Renewable 
     Energy Credits.--
       ``(1) In general.--For purposes of this section, the term 
     `subsidy' includes amounts received by a customer from a 
     public utility--
       ``(A) to pay for electricity generated from an energy 
     conservation measure under a net metering or net billing 
     program, or
       ``(B) to pay for renewable energy credits attributable to 
     an energy conservation measure.
       ``(2) Limitation.--The amount treated as a subsidy for any 
     taxable year by reason of paragraph (1)(B) shall not exceed 
     an amount equal to--
       ``(A) $2,000, multiplied by
       ``(B) the whole number of years worth of renewable energy 
     credits that are sold by the customer.
       ``(3) No basis reduction.--Subsection (b) shall not apply 
     with respect to property any portion of the basis of which is 
     attributable to an amount described in paragraph (1).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to amounts received after the date of the 
     enactment of this Act.

     SEC. 966. EXTENSION OF CREDITS RELATED TO THE PRODUCTION OF 
                   ELECTRICITY FROM OFFSHORE WIND.

       (a) Extension for Production Credit.--
       (1) In general.--Paragraph (1) of section 45(d) is amended 
     by inserting ``(January 1, 2016, in the case of any offshore 
     facility)'' after ``and before January 1, 2013''.
       (2) Offshore facility.--Section 45(e) is amended by adding 
     at the end the following new paragraph:
       ``(12) Offshore facility.--The term `offshore facility' 
     means any facility located in the inland navigable waters of 
     the United States, including the Great Lakes, or in the 
     coastal waters of the United States, including the 
     territorial seas of the United States, the exclusive economic 
     zone of the United States, and the outer Continental Shelf of 
     the United States.''.
       (b) Extension for Investment Credit.--Clause (i) of section 
     48(a)(5)(C) is amended--
       (1) by striking ``is placed in service in'' and inserting 
     ``is--

[[Page S8883]]

       ``(I) except as provided in subclause (II), placed in 
     service in'',

       (2) by striking the period at the end and inserting ``, 
     and'', and
       (3) by adding at the end the following new subclause:

       ``(II) in the case of an offshore facility (as defined in 
     section 45(e)(12)), such facility is placed in service after 
     2008 and before 2016.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

              Subtitle E--Carbon Capture and Sequestration

     SEC. 971. IMPROVED AVAILABILITY OF THE CREDIT FOR CARBON 
                   DIOXIDE SEQUESTRATION.

       (a) Increase in Total Credit Available.--Section 45Q(e) is 
     amended by striking ``75,000,000 metric tons'' and inserting 
     ``100,000,000 metric tons''.
       (b) Amount of Credit Per Project.--Section 45Q(a) is 
     amended by adding at the end the following new flush 
     sentence:

     ``The amount which is treated as a carbon dioxide 
     sequestration credit for all taxable years with respect to 
     any qualified facility shall not exceed the amount designated 
     by the Secretary, in consultation with the Secretary of 
     Energy, as eligible for the credit under this section, but in 
     no event shall such designated credit result in more than 
     10,000,000 metric tons of qualified carbon dioxide being 
     taken into account under this subsection.''.
       (c) Increase in Credit Amount for Permanent 
     Sequestration.--Section 45Q(a)(1) is amended by striking 
     ``$20'' and inserting ``$35''.
       (d) Modification of Qualified Facility Eligibility.--
     Section 45Q(c) is amended by striking ``and'' at the end of 
     paragraph (2), by striking the period at the end of paragraph 
     (3) and inserting ``, and'', and by adding at the end the 
     following new paragraph:
       ``(4) with respect to which such taxpayer shows contractual 
     intent to inject and permanently sequester the full amount of 
     captured carbon dioxide.''.
       (e) Credit Allocation Program.--Section 45Q is amended by 
     adding at the end the following new subsection:
       ``(f) Carbon Dioxide Sequestration Program.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of this section, the Secretary, in 
     consultation with the Secretary of Energy, shall establish a 
     carbon dioxide sequestration program to consider and award 
     certifications for carbon dioxide sequestration credits under 
     this section to qualified facility sponsors.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary, in consultation with the 
     Secretary of Energy, may require during 1 or more application 
     periods. Each application period shall be announced at least 
     6 months in advance of the application due dates, along with 
     the evaluation criteria that will be used to assess 
     applications.
       ``(B) Scope and review of applications.--Applicants may 
     apply to the Secretary for an allocation of tax credits under 
     this section for a period of 10 years based on expected 
     carbon dioxide injection rates once the sponsor of the 
     qualified facility has received air permits necessary to 
     commence construction under the Clean Air Act. The Secretary, 
     in consultation with the Secretary of Energy, shall notify 
     each qualified applicant for such credits that the applicant 
     has met the requirements for an allocation of the anticipated 
     metric tons of carbon dioxide injected from the qualified 
     facility within 180 days of receipt of an application.
       ``(C) Contents of application.--Each application shall 
     include the following:
       ``(i) Identification of facility, location, and ownership.
       ``(ii) Status and outlook for any State or Federal 
     regulatory approvals required.
       ``(iii) The total amount of metric tons of carbon dioxide 
     requested for a tax credit under this section.
       ``(iv) The total dollar value of the requested tax credit 
     under this section.
       ``(D) Period of issuance; reallocation.--An applicant which 
     receives a certification shall have 18 months from the date 
     of issuance of the certification in order to commence 
     construction of the qualified facility within the meaning of 
     the Clean Air Act. If such construction is not begun within 
     such time period, or if the sponsor fails as determined by 
     the Secretary, in consultation with the Secretary of Energy, 
     to commence operation within the meaning of the Clean Air Act 
     or establish carbon dioxide injection of at least 50 percent 
     of the annualized pre-certified carbon dioxide injection 
     metric tons for such facility within 72 months of such 
     issuance, the certification shall no longer be valid and the 
     credits shall be forfeited and reallocated by the Secretary, 
     in consultation with the Secretary of Energy.
       ``(3) Selection criteria.--
       ``(A) In general.--In determining which facilities to 
     certify under this section, the Secretary, in consultation 
     with the Secretary of Energy, shall take into consideration--
       ``(i) which facilities--

       ``(I) participate in a public-private partnership,
       ``(II) achieve commercial scale and a reasonable 
     expectation of economic viability, and
       ``(III) achieve the highest percentage of carbon dioxide 
     captured and sequestered from the facility's nameplate 
     capacity, and

       ``(ii) to the extent that it does not compromise facility 
     quality or environmental benefits of the total program, 
     awarding credits to facilities in a variety of geographic 
     locations and geologic sequestration formations.
       ``(B) Public-private partnership.--For purposes of 
     subparagraph (A)(i)(I), the term `public-private partnership' 
     means a contract between a public sector authority and a 
     private party, in which the private party provides a public 
     service or facility and assumes substantial financial, 
     technical, and operational risk in the facility. The public 
     sector authority may also bear financial, technical, or 
     operational risk in the form of grants, loans, or tax 
     incentives.
       ``(4) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant, the location of the 
     relevant project, and the amount of the credit with respect 
     to such applicant.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to allocations after the date of the enactment of 
     this Act.

             Subtitle F--Promotion of Clean Domestic Fuels

     SEC. 981. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES 
                   OF THE CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.

       (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) is 
     amended to read as follows:

       ``(I) is derived solely from qualified feedstocks, and''.

       (b) Qualified Feedstock; Special Rules for Algae.--
     Paragraph (6) of section 40(b) is amended by redesignating 
     subparagraphs (F), (G), and (H) as subparagraphs (H), (I), 
     and (J), respectively, and by inserting after subparagraph 
     (E) the following new subparagraphs:
       ``(F) Qualified feedstock.--For purposes of this paragraph, 
     the term `qualified feedstock' means--
       ``(i) any lignocellulosic or hemicellulosic matter that is 
     available on a renewable or recurring basis, or
       ``(ii) any cultivated algae, cyanobacteria, or lemna.
       ``(G) Special rules for algae.--In the case of fuel which 
     is derived from feedstock described in subparagraph (F)(ii) 
     and which is sold by the taxpayer to another person for 
     refining by such other person into a fuel which meets the 
     requirements of subparagraph (E)(i)(II)--
       ``(i) such sale shall be treated as described in 
     subparagraph (C)(i),
       ``(ii) such fuel shall be treated as meeting the 
     requirements of subparagraph (E)(i)(II) in the hands of such 
     taxpayer, and
       ``(iii) except as provided in this subparagraph, such fuel 
     (and any fuel derived from such fuel) shall not be taken into 
     account under subparagraph (C) with respect to the taxpayer 
     or any other person.''.
       (c) Algae Treated as a Qualified Feedstock for Purposes of 
     Bonus Depreciation for Biofuel Plant Property.--
       (1) In general.--Subparagraph (A) of section 168(l)(2) is 
     amended by striking ``solely to produce cellulosic biofuel'' 
     and inserting ``solely to produce second generation biofuel 
     (as defined in section 40(b)(6)(E))''.
       (2) Conforming amendments.--Subsection (l) of section 168 
     is amended--
       (A) by striking ``cellulosic biofuel'' each place it 
     appears in the text thereof and inserting ``second generation 
     biofuel'',
       (B) by striking paragraph (3) and redesignating paragraphs 
     (4) through (8) as paragraphs (3) through (7), respectively,
       (C) by striking ``Cellulosic'' in the heading of such 
     subsection and inserting ``Second Generation'', and
       (D) by striking ``cellulosic'' in the heading of paragraph 
     (2) and inserting ``second generation''.
       (d) Conforming Amendments.--
       (1) Section 40, as amended by subsection (b), is amended--
       (A) by striking ``cellulosic biofuel'' each place it 
     appears in the text thereof and inserting ``second generation 
     biofuel'',
       (B) by striking ``Cellulosic'' in the headings of 
     subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting 
     ``Second generation'', and
       (C) by striking ``cellulosic'' in the headings of 
     subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and 
     (e)(3) and inserting ``second generation''.
       (2) Clause (ii) of section 40(b)(6)(E) is amended by 
     striking ``Such term shall not'' and inserting ``The term 
     `second generation biofuel' shall not''.
       (3) Paragraph (1) of section 4101(a) is amended by striking 
     ``cellulosic biofuel'' and inserting ``second generation 
     biofuel''.
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to fuels sold or 
     used after the date of the enactment of this Act.
       (2) Application to bonus depreciation.--The amendments made 
     by subsection (c) shall apply to property placed in service 
     after the date of the enactment of this Act.

     SEC. 982. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS 
                   FUEL.

       (a) Extension of Income Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (1) of section 40(e) is 
     amended--

[[Page S8884]]

       (A) by striking ``December 31, 2010'' in subparagraph (A) 
     and inserting ``December 31, 2011'', and
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended--
       (A) by striking ``2010'' in paragraph (1) and inserting 
     ``2011'', and
       (B) by striking the period at the end of the table 
     contained in paragraph (2) and adding the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
``2011..............................   36 cents  26.66 cents.''.
------------------------------------------------------------------------

       (3) Reduced rate for small ethanol producers.--Section 
     40(b)(4)(A) is amended by striking ``10 cents'' and inserting 
     ``8 cents''.
       (4) Effective date.--
       (A) In general.--Except as provided in subparagraph (B), 
     the amendments made by this subsection shall apply to periods 
     after December 31, 2010.
       (B) Rate for small ethanol producers.--The amendment made 
     by paragraph (3) shall apply to the sale or use of alcohol 
     after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Reduced applicable amount for ethanol.--Subparagraph 
     (A) of section 6426(b)(2) is amended--
       (A) by striking ``and'' at the end of clause (i),
       (B) in clause (ii)--
       (i) by inserting ``and before 2011'' after ``after 2008'', 
     and
       (ii) by striking the period and inserting ``, and'', and
       (C) by adding at the end the following new clause:
       ``(iii) in the case of calendar years beginning after 2010, 
     36 cents.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales and uses after December 31, 2010.
       (d) Extension of Additional Duties on Ethanol.--
       (1) In general.--Headings 9901.00.50 and 9901.00.52 of the 
     Harmonized Tariff Schedule of the United States are each 
     amended in the effective period column by striking ``1/1/
     2011'' and inserting ``1/1/2012''.
       (2) Ethanol tax parity.--Not later than 30 days after the 
     date of the enactment of this Act, and semiannually 
     thereafter, the President shall reduce the temporary duty 
     imposed on ethanol under subheading 9901.00.50 of the 
     Harmonized Tariff Schedule of the United States by an amount 
     equal to the reduction in any Federal income or excise tax 
     credit under section 40(h), 6426(b), or 6427(e)(1) of the 
     Internal Revenue Code of 1986 and take any other action 
     necessary to ensure that the combined temporary duty imposed 
     on ethanol under such subheading 9901.00.50 and any other 
     duty imposed under the Harmonized Tariff Schedule of the 
     United States is equal to, or lower than, any Federal income 
     or excise tax credit applicable to ethanol under the Internal 
     Revenue Code of 1986.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.

                 Subtitle G--Applicability of Sections

     SEC. 991. APPLICABILITY OF SECTIONS.

       The provisions of, and amendments made by, sections 703 and 
     710 of this Act are hereby deemed null, void, and of no 
     effect.
                                 ______
                                 
   SA 4784. Mr. CARDIN submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 74, after line 6, insert the following:

                         TITLE IX--SURETY BONDS

     SEC. 901. SURETY BONDS.

       (a) Maximum Bond Amount.--Section 411(a)(1) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is 
     amended by striking ``(1)'' and all that follows and 
     inserting the following: ``(1)(A) The Administration may, 
     upon such terms and conditions as it may prescribe, guarantee 
     and enter into commitments to guarantee any surety against 
     loss resulting from a breach of the terms of a bid bond, 
     payment bond, performance bond, or bonds ancillary thereto, 
     by a principal on any total work order or contract amount at 
     the time of bond execution that does not exceed $5,000,000.
       ``(B) The Administrator may guarantee a surety under 
     subparagraph (A) for a total work order or contract amount 
     that does not exceed $10,000,000, if a contracting officer of 
     a Federal agency certifies that such a guarantee is 
     necessary.''.
       (b) Denial of Liability.--Section 411 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694b) is amended--
       (1) by striking subsection (e) and inserting the following:
       ``(e) Reimbursement of Surety; Conditions.--Pursuant to any 
     such guarantee or agreement, the Administration shall 
     reimburse the surety, as provided in subsection (c) of this 
     section, except that the Administration shall be relieved of 
     liability (in whole or in part within the discretion of the 
     Administration) if--
       ``(1) the surety obtained such guarantee or agreement, or 
     applied for such reimbursement, by fraud or material 
     misrepresentation;
       ``(2) the total contract amount at the time of execution of 
     the bond or bonds exceeds $5,000,000;
       ``(3) the surety has breached a material term or condition 
     of such guarantee agreement; or
       ``(4) the surety has substantially violated the regulations 
     promulgated by the Administration pursuant to subsection 
     (d).'';
       (2) by striking subsection (k); and
       (3) by adding after subsection (i) the following:
       ``(j) Denial of Liability.--For bonds made or executed with 
     the prior approval of the Administration, the Administration 
     shall not deny liability to a surety based upon material 
     information that was provided as part of the guaranty 
     application.''.
       (c) Size Standards.--Section 410 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694a) is amended--
       (1) by striking paragraph (9); and
       (2) adding after paragraph (8) the following:
       ``(9) Notwithstanding any other provision of law or any 
     rule, regulation, or order of the Administration, for 
     purposes of sections 410, 411, and 412 the term `small 
     business concern' means a business concern that meets the 
     size standard for the primary industry in which such business 
     concern, and the affiliates of such business concern, is 
     engaged, as determined by the Administrator in accordance 
     with the North American Industry Classification System.''.
       (d) Conforming Amendment.--Section 508(f) of division A of 
     the American Recovery and Reinvestment Act of 2009 (15 U.S.C. 
     694a note) is repealed.
                                 ______
                                 
  SA 4785. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 41, after line 15, insert the following:
       (c) Elimination of REIT Ratable Share Limitation for ARRA 
     Grants With Respect to Specified Energy Property.--
       (1) In general.--Subsection (f) of section 1603 of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by inserting after ``Code of 1986'' the following: ``, except 
     that subsection (d)(1) thereof shall not apply in the case of 
     a real estate investment trust (as defined in section 856 of 
     such Code)''.
       (2) Effective date.--The amendment made by this section 
     shall apply to grants made after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 4786. Mr. WYDEN (for himself, Mr. Coons, Ms. Cantwell, Mr. Begich, 
Mr. Cardin, Ms. Stabenow, Mr. Menendez, and Mr. Lautenberg) submitted 
an amendment intended to be proposed to amendment SA 4753 proposed by 
Mr. Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to 
amend the Internal Revenue Code of 1986 to extend the funding and 
expenditure authority of the Airport and Airway Trust Fund, to amend 
title 49, United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 28, between lines 3 and 4, insert:

     SEC. ___. EXTENSION OF BUILD AMERICA BONDS.

       (a) In General.--Subparagraph (B) of section 54AA(d)(1) is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2012''.
       (b) Extension of Payments to Issuers.--
       (1) In general.--Section 6431 is amended--
       (A) by striking ``January 1, 2011'' in subsection (a) and 
     inserting ``January 1, 2012''; and
       (B) by striking ``January 1, 2011'' in subsection (f)(1)(B) 
     and inserting ``a particular date''.
       (2) Conforming amendments.--Subsection (g) of section 54AA 
     is amended--
       (A) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012''; and
       (B) by striking ``Qualified Bonds Issued Before 2011'' in 
     the heading and inserting ``Certain Qualified Bonds''.

[[Page S8885]]

       (c) Reduction in Percentage of Payments to Issuers.--
     Subsection (b) of section 6431 is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (2) by striking ``35 percent'' and inserting ``the 
     applicable percentage''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Applicable percentage.--For purposes of this 
     subsection, the term `applicable percentage' means the 
     percentage determined in accordance with the following table:


------------------------------------------------------------------------
 ``In the case of a qualified bond issued     The applicable percentage
           during calendar year:                         is:
------------------------------------------------------------------------
2009 or 2010..............................  35 percent
2011......................................  32 percent''.
------------------------------------------------------------------------

       (d) Current Refundings Permitted.--Subsection (g) of 
     section 54AA is amended by adding at the end the following 
     new paragraph:
       ``(3) Treatment of current refunding bonds.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified bond' includes any bond (or series of bonds) 
     issued to refund a qualified bond if--
       ``(i) the average maturity date of the issue of which the 
     refunding bond is a part is not later than the average 
     maturity date of the bonds to be refunded by such issue,
       ``(ii) the amount of the refunding bond does not exceed the 
     outstanding amount of the refunded bond, and
       ``(iii) the refunded bond is redeemed not later than 90 
     days after the date of the issuance of the refunding bond.
       ``(B) Applicable percentage.--In the case of a refunding 
     bond referred to in subparagraph (A), the applicable 
     percentage with respect to such bond under section 6431(b) 
     shall be the lowest percentage specified in paragraph (2) of 
     such section.
       ``(C) Determination of average maturity.--For purposes of 
     subparagraph (A)(i), average maturity shall be determined in 
     accordance with section 147(b)(2)(A).''.
       (e) Clarification Related to Levees and Flood Control 
     Projects.--Subparagraph (A) of section 54AA(g)(2) is amended 
     by inserting ``(including capital expenditures for levees and 
     other flood control projects)'' after ``capital 
     expenditures''.
                                 ______
                                 
  SA 4787. Mr. LEVIN submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. 302. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-
                   SKIPPING TRANSFER TAXES.

       (a) Modifications to Estate Tax.--
       (1) $3,500,000 applicable exclusion amount.--Subsection (c) 
     of section 2010 is amended to read as follows:
       ``(c) Applicable Credit Amount.--
       ``(1) In general.--For purposes of this section, the 
     applicable credit amount is the amount of the tentative tax 
     which would be determined under section 2001(c) if the amount 
     with respect to which such tentative tax is to be computed 
     were equal to the applicable exclusion amount.
       ``(2) Applicable exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable exclusion amount is $3,500,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2010, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2009' for `calendar year 1992' in subparagraph 
     (B) thereof.

     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.''.
       (2) Maximum estate tax rate equal to 45 percent.--
     Subsection (c) of section 2001 is amended--
       (A) by striking ``but not over $2,000,000'' in the table 
     contained in paragraph (1),
       (B) by striking the last 2 items in such table,
       (C) by striking ``(1) In general.--'', and
       (D) by striking paragraph (2).
       (b) Modifications to Gift Tax.--
       (1) Restoration of unified credit against gift tax.--
       (A) In general.--Paragraph (1) of section 2505(a), after 
     the application of section 301(b), is amended by striking 
     ``(determined as if the applicable exclusion amount were 
     $1,000,000)''.
       (B) Effective date.--The amendment made by this paragraph 
     shall apply to gifts made after December 31, 2010.
       (2) Modification of gift tax rate.--On and after January 1, 
     2011, subsection (a) of section 2502 is amended to read as 
     such subsection would read if section 511(d) of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 had never 
     been enacted.
       (c) Modification of Generation-skipping Transfer Tax.--In 
     the case of any generation-skipping transfer made after 
     December 31, 2009, and before January 1, 2011, the applicable 
     rate determined under section 2641(a) of the Internal Revenue 
     Code of 1986 shall be zero.
       (d) Modifications of Estate and Gift Taxes To Reflect 
     Differences in Credit Resulting From Different Tax Rates.--
       (1) Estate tax.--
       (A) In general.--Section 2001(b)(2) is amended by striking 
     ``if the provisions of subsection (c) (as in effect at the 
     decedent's death)'' and inserting ``if the modifications 
     described in subsection (g)''.
       (B) Modifications.--Section 2001 is amended by adding at 
     the end the following new subsection:
       ``(g) Modifications to Gift Tax Payable To Reflect 
     Different Tax Rates.--For purposes of applying subsection 
     (b)(2) with respect to 1 or more gifts, the rates of tax 
     under subsection (c) in effect at the decedent's death shall, 
     in lieu of the rates of tax in effect at the time of such 
     gifts, be used both to compute--
       ``(1) the tax imposed by chapter 12 with respect to such 
     gifts, and
       ``(2) the credit allowed against such tax under section 
     2505, including in computing--
       ``(A) the applicable credit amount under section 
     2505(a)(1), and
       ``(B) the sum of the amounts allowed as a credit for all 
     preceding periods under section 2505(a)(2).''.
       (2) Gift tax.--Section 2505(a) is amended by adding at the 
     end the following new flush sentence:

     ``For purposes of applying paragraph (2) for any calendar 
     year, the rates of tax in effect under section 2502(a)(2) for 
     such calendar year shall, in lieu of the rates of tax in 
     effect for preceding calendar periods, be used in determining 
     the amounts allowable as a credit under this section for all 
     preceding calendar periods.''.
       (e) Conforming Amendment.--Section 2511 is amended by 
     striking subsection (c).
       (f) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, generation-skipping transfers, 
     and gifts made, after December 31, 2009.

     SEC. 303. APPLICABLE EXCLUSION AMOUNT INCREASED BY UNUSED 
                   EXCLUSION AMOUNT OF DECEASED SPOUSE.

       (a) In General.--Section 2010(c), as amended by section 
     302(a), is amended by striking paragraph (2) and inserting 
     the following new paragraphs:
       ``(2) Applicable exclusion amount.--For purposes of this 
     subsection, the applicable exclusion amount is the sum of--
       ``(A) the basic exclusion amount, and
       ``(B) in the case of a surviving spouse, the deceased 
     spousal unused exclusion amount.
       ``(3) Basic exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     basic exclusion amount is $3,500,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2010, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2009' for `calendar year 1992' in subparagraph 
     (B) thereof.

     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.
       ``(4) Deceased spousal unused exclusion amount.--For 
     purposes of this subsection, with respect to a surviving 
     spouse of a deceased spouse dying after December 31, 2010, 
     the term `deceased spousal unused exclusion amount' means the 
     lesser of--
       ``(A) the basic exclusion amount, or
       ``(B) the excess of--
       ``(i) the basic exclusion amount of the last such deceased 
     spouse of such surviving spouse, over
       ``(ii) the amount with respect to which the tentative tax 
     is determined under section 2001(b)(1) on the estate of such 
     deceased spouse.
       ``(5) Special rules.--
       ``(A) Election required.--A deceased spousal unused 
     exclusion amount may not be taken into account by a surviving 
     spouse under paragraph (2) unless the executor of the estate 
     of the deceased spouse files an estate tax return on which 
     such amount is computed and makes an election on such return 
     that such amount may be so taken into account. Such election, 
     once made, shall be irrevocable. No election may be made 
     under this subparagraph if such return is filed after the 
     time prescribed by law (including extensions) for filing such 
     return.
       ``(B) Examination of prior returns after expiration of 
     period of limitations with respect to deceased spousal unused 
     exclusion amount.--Notwithstanding any period of limitation 
     in section 6501, after the time has expired under section 
     6501 within which a tax may be assessed under chapter 11 or 
     12 with respect to a deceased spousal unused exclusion 
     amount, the Secretary may examine a return of the deceased 
     spouse to make determinations with respect to such

[[Page S8886]]

     amount for purposes of carrying out this subsection.
       ``(6) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this subsection.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 2505(a), as amended by section 
     302(b)(1), is amended to read as follows:
       ``(1) the applicable credit amount in effect under section 
     2010(c) which would apply if the donor died as of the end of 
     the calendar year, reduced by''.
       (2) Section 2631(c) is amended by striking ``the applicable 
     exclusion amount'' and inserting ``the basic exclusion 
     amount''.
       (3) Section 6018(a)(1) is amended by striking ``applicable 
     exclusion amount'' and inserting ``basic exclusion amount''.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to estates of 
     decedents dying and gifts made after December 31, 2010.
       (2) Conforming amendment relating to generation-skipping 
     transfers.--The amendment made by subsection (b)(2) shall 
     apply to generation-skipping transfers after December 31, 
     2010.

     SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 shall apply to the amendments made 
     by this title.
                                 ______
                                 
  SA 4788. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 51, between lines 11 and 12, insert the following:

     SEC. 712. CREDIT FOR ELECTRICITY PRODUCED AT CERTAIN OPEN-
                   LOOP BIOMASS FACILITIES.

       (a) In General.--Clause (ii) of section 45(b)(4)(B) is 
     amended--
     (1) by striking ``5-year period'' and inserting ``7-year 
     period''; and
       (2) by adding at the end the following: ``In the case of 
     the next-to-last year of the 7-year period described in the 
     preceding sentence, the credit determined under subsection 
     (a) with respect to electricity produced during such year 
     shall not exceed 80 percent of such credit determined without 
     regard to this sentence. In the case of the last year of such 
     7-year period, the credit determined under subsection (a) 
     with respect to electricity produced during such year shall 
     not exceed 60 percent of such credit determined without 
     regard to this sentence.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to electricity produced and sold after December 
     31, 2009.
                                 ______
                                 
  SA 4789. Mr. DORGAN (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 51, between lines 11 and 12, insert:

     SEC. 712. ALTERNATIVE MOTOR VEHICLE CREDIT FOR NEW QUALIFIED 
                   HYBRID MOTOR VEHICLES OTHER THAN PASSENGER 
                   AUTOMOBILES AND LIGHT TRUCKS.

       (a) In General.--Paragraph (3) of section 30B(k) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property purchased after December 31, 2009.
                                 ______
                                 
  SA 4790. Mrs. FEINSTEIN (for herself, and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 41, line 16, strike all through page 43, 
     line 13, and insert:

     SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS 
                   FUEL.

       (a) Extension of Income Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (1) of section 40(e) is 
     amended--
       (A) by striking ``December 31, 2010'' in subparagraph (A) 
     and inserting ``December 31, 2011'', and
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended--
       (A) by striking ``2010'' in paragraph (1) and inserting 
     ``2011'', and
       (B) by striking the period at the end of the table 
     contained in paragraph (2) and adding the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
``2011..........................  36 cents           26.66 cents.''.
------------------------------------------------------------------------

       (3) Reduced rate for small ethanol producers.--Section 
     40(b)(4)(A) is amended by striking ``10 cents'' and inserting 
     ``8 cents''.
       (4) Effective date.--
       (A) In general.--Except as provided in subparagraph (B), 
     the amendments made by this subsection shall apply to periods 
     after December 31, 2010.
       (B) Rate for small ethanol producers.--The amendment made 
     by paragraph (3) shall apply to the sale or use of alcohol 
     after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Reduced applicable amount for ethanol.--Subparagraph 
     (A) of section 6426(b)(2) is amended--
       (A) by striking ``and'' at the end of clause (i),
       (B) in clause (ii)--
       (i) by inserting ``and before 2011'' after ``after 2008'', 
     and
       (ii) by striking the period and inserting ``, and'', and
       (C) by adding at the end the following new clause:
       ``(iii) in the case of calendar years beginning after 2010, 
     36 cents.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales and uses after December 31, 2010.
       (d) Extension of Additional Duties on Ethanol.--
       (1) In general.--Headings 9901.00.50 and 9901.00.52 of the 
     Harmonized Tariff Schedule of the United States are each 
     amended in the effective period column by striking ``1/1/
     2011'' and inserting ``1/1/2012''.
       (2) Ethanol tax parity.--Not later than 30 days after the 
     date of the enactment of this Act, and semiannually 
     thereafter, the President shall reduce the temporary duty 
     imposed on ethanol under subheading 9901.00.50 of the 
     Harmonized Tariff Schedule of the United States by an amount 
     equal to the reduction in any Federal income or excise tax 
     credit under section 40(h), 6426(b), or 6427(e)(1) of the 
     Internal Revenue Code of 1986 and take any other action 
     necessary to ensure that the combined temporary duty imposed 
     on ethanol under such subheading 9901.00.50 and any other 
     duty imposed under the Harmonized Tariff Schedule of the 
     United States is equal to, or lower than, any Federal income 
     or excise tax credit applicable to ethanol under the Internal 
     Revenue Code of 1986.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.

     SEC. 708A. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C(d)(1)(B) is amended by 
     striking ``$2,300,000,000'' and inserting ``$3,300,000,000''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to allocations for applications submitted after 
     December 31, 2010.
                                 ______
                                 
  SA 4791. Mrs. FEINSTEIN (for herself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 41, line 16, strike all through page 43, 
     line 13, and insert:

     SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS 
                   FUEL.

       (a) Extension of Income Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (1) of section 40(e) is 
     amended--
       (A) by striking ``December 31, 2010'' in subparagraph (A) 
     and inserting ``December 31, 2011'', and
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended--

[[Page S8887]]

       (A) by striking ``2010'' in paragraph (1) and inserting 
     ``2011'', and
       (B) by striking the period at the end of the table 
     contained in paragraph (2) and adding the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
``2011..........................  36 cents           26.66 cents.''.
------------------------------------------------------------------------

       (3) Reduced rate for small ethanol producers.--Section 
     40(b)(4)(A) is amended by striking ``10 cents'' and inserting 
     ``8 cents''.
       (4) Effective date.--
       (A) In general.--Except as provided in subparagraph (B), 
     the amendments made by this subsection shall apply to periods 
     after December 31, 2010.
       (B) Rate for small ethanol producers.--The amendment made 
     by paragraph (3) shall apply to the sale or use of alcohol 
     after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Reduced applicable amount for ethanol.--Subparagraph 
     (A) of section 6426(b)(2) is amended--
       (A) by striking ``and'' at the end of clause (i),
       (B) in clause (ii)--
       (i) by inserting ``and before 2011'' after ``after 2008'', 
     and
       (ii) by striking the period and inserting ``, and'', and
       (C) by adding at the end the following new clause:
       ``(iii) in the case of calendar years beginning after 2010, 
     36 cents.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales and uses after December 31, 2010.
       (d) Extension of Additional Duties on Ethanol.--
       (1) In general.--Headings 9901.00.50 and 9901.00.52 of the 
     Harmonized Tariff Schedule of the United States are each 
     amended in the effective period column by striking ``1/1/
     2011'' and inserting ``1/1/2012''.
       (2) Ethanol tax parity.--Not later than 30 days after the 
     date of the enactment of this Act, and semiannually 
     thereafter, the President shall reduce the temporary duty 
     imposed on ethanol under subheading 9901.00.50 of the 
     Harmonized Tariff Schedule of the United States by an amount 
     equal to the reduction in any Federal income or excise tax 
     credit under section 40(h), 6426(b), or 6427(e)(1) of the 
     Internal Revenue Code of 1986 and take any other action 
     necessary to ensure that the combined temporary duty imposed 
     on ethanol under such subheading 9901.00.50 and any other 
     duty imposed under the Harmonized Tariff Schedule of the 
     United States is equal to, or lower than, any Federal income 
     or excise tax credit applicable to ethanol under the Internal 
     Revenue Code of 1986.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.

     SEC. 708A. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C(d)(1)(B) is amended by 
     inserting ``plus the amount of revenues resulting from 50 
     percent of the reductions in various rates made by the 
     amendments contained in section 708 of the Tax Relief, 
     Unemployment Insurance Reauthorization, and Job Creation Act 
     of 2010'' after ``$2,300,000,000''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to allocations for applications submitted after 
     December 31, 2010.
                                 ______
                                 
  SA 4792. Mrs. FEINSTEIN (for herself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 4753 proposed by Mr. 
Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend 
the Internal Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend title 49, 
United States Code, to extend authorizations for the airport 
improvement program, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 41, line 16, strike all through page 43, 
     line 13, and insert:

     SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS 
                   FUEL.

       (a) Extension of Income Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (1) of section 40(e) is 
     amended--
       (A) by striking ``December 31, 2010'' in subparagraph (A) 
     and inserting ``December 31, 2011'', and
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended--
       (A) by striking ``2010'' in paragraph (1) and inserting 
     ``2011'', and
       (B) by striking the period at the end of the table 
     contained in paragraph (2) and adding the following new item:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
``2011..........................  36 cents           26.66 cents.''.
------------------------------------------------------------------------

       (3) Reduced rate for small ethanol producers.--Section 
     40(b)(4)(A) is amended by striking ``10 cents'' and inserting 
     ``8 cents''.
       (4) Effective date.--
       (A) In general.--Except as provided in subparagraph (B), 
     the amendments made by this subsection shall apply to periods 
     after December 31, 2010.
       (B) Rate for small ethanol producers.--The amendment made 
     by paragraph (3) shall apply to the sale or use of alcohol 
     after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Reduced applicable amount for ethanol.--Subparagraph 
     (A) of section 6426(b)(2) is amended--
       (A) by striking ``and'' at the end of clause (i),
       (B) in clause (ii)--
       (i) by inserting ``and before 2011'' after ``after 2008'', 
     and
       (ii) by striking the period and inserting ``, and'', and
       (C) by adding at the end the following new clause:
       ``(iii) in the case of calendar years beginning after 2010, 
     36 cents.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales and uses after December 31, 2010.
       (d) Extension of Additional Duties on Ethanol.--
       (1) In general.--Headings 9901.00.50 and 9901.00.52 of the 
     Harmonized Tariff Schedule of the United States are each 
     amended in the effective period column by striking ``1/1/
     2011'' and inserting ``1/1/2012''.
       (2) Ethanol tax parity.--Not later than 30 days after the 
     date of the enactment of this Act, and semiannually 
     thereafter, the President shall reduce the temporary duty 
     imposed on ethanol under subheading 9901.00.50 of the 
     Harmonized Tariff Schedule of the United States by an amount 
     equal to the reduction in any Federal income or excise tax 
     credit under section 40(h), 6426(b), or 6427(e)(1) of the 
     Internal Revenue Code of 1986 and take any other action 
     necessary to ensure that the combined temporary duty imposed 
     on ethanol under such subheading 9901.00.50 and any other 
     duty imposed under the Harmonized Tariff Schedule of the 
     United States is equal to, or lower than, any Federal income 
     or excise tax credit applicable to ethanol under the Internal 
     Revenue Code of 1986.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.
                                 ______
                                 
  SA 4793. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2009 tax relief.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

Sec. 201. Temporary extension of increased alternative minimum tax 
              exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for 
              nonrefundable personal credits.

                TITLE III--RESPONSIBLE ESTATE TAX REFORM

Sec. 301. Short title.

[[Page S8888]]

Sec. 302. Reinstatement of estate tax; repeal of carryover basis.
Sec. 303. Modification of rates and maintenance of unified credit 
              against the estate tax.
Sec. 304. Modification of rules for value of certain farm, etc., real 
              property.
Sec. 305. Modification of estate tax rules with respect to land subject 
              to conservation easements.
Sec. 306. Consistent basis reporting between estate and person 
              acquiring property from decedent.
Sec. 307. Valuation rules for certain transfers of nonbusiness assets; 
              limitation on minority discounts.
Sec. 308. Required minimum 10-year term, etc., for grantor retained 
              annuity trusts.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

Sec. 401. Temporary extension of increased small business expensing.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

Sec. 501. Temporary extension of unemployment insurance provisions.
Sec. 502. Temporary modification of indicators under the extended 
              benefit program.
Sec. 503. Technical amendment relating to collection of unemployment 
              compensation debts.
Sec. 504. Technical correction relating to repeal of continued dumping 
              and subsidy offset.
Sec. 505. Additional extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.

             TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT

Sec. 601. Making work pay credit.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

Sec. 701. Incentives for biodiesel and renewable diesel.
Sec. 702. New energy efficient home credit.
Sec. 703. Special rule for sales or dispositions to implement FERC or 
              State electric restructuring policy for qualified 
              electric utilities.
Sec. 704. Extension of grants for specified energy property in lieu of 
              tax credits.
Sec. 705. Extension of provisions related to alcohol used as fuel.
Sec. 706. Energy efficient appliance credit.
Sec. 707. Credit for nonbusiness energy property.
Sec. 708. Alternative fuel vehicle refueling property.

                   Subtitle B--Individual Tax Relief

Sec. 721. Deduction for certain expenses of elementary and secondary 
              school teachers.
Sec. 722. Deduction of State and local sales taxes.
Sec. 723. Contributions of capital gain real property made for 
              conservation purposes.
Sec. 724. Above-the-line deduction for qualified tuition and related 
              expenses.
Sec. 725. Tax-free distributions from individual retirement plans for 
              charitable purposes.
Sec. 726. Parity for exclusion from income for employer-provided mass 
              transit and parking benefits.
Sec. 727. Refunds disregarded in the administration of Federal programs 
              and federally assisted programs.

                    Subtitle C--Business Tax Relief

Sec. 731. Research credit.
Sec. 732. Indian employment tax credit.
Sec. 733. New markets tax credit.
Sec. 734. Railroad track maintenance credit.
Sec. 735. Mine rescue team training credit.
Sec. 736. Employer wage credit for employees who are active duty 
              members of the uniformed services.
Sec. 737. Accelerated depreciation for business property on an Indian 
              reservation.
Sec. 738. Enhanced charitable deduction for contributions of food 
              inventory.
Sec. 739. Enhanced charitable deduction for contributions of book 
              inventories to public schools.
Sec. 740. Enhanced charitable deduction for corporate contributions of 
              computer inventory for educational purposes.
Sec. 741. Election to expense mine safety equipment.
Sec. 742. Expensing of environmental remediation costs.
Sec. 743. Modification of tax treatment of certain payments to 
              controlling exempt organizations.
Sec. 744. Treatment of certain dividends of regulated investment 
              companies.
Sec. 745. RIC qualified investment entity treatment under FIRPTA.
Sec. 746. Exceptions for active financing income.
Sec. 747. Look-thru treatment of payments between related controlled 
              foreign corporations under foreign personal holding 
              company rules.
Sec. 748. Basis adjustment to stock of S corps making charitable 
              contributions of property.
Sec. 749. Empowerment zone tax incentives.
Sec. 750. Tax incentives for investment in the District of Columbia.
Sec. 751. Work opportunity credit.
Sec. 752. Qualified zone academy bonds.
Sec. 753. Mortgage insurance premiums.
Sec. 754. Temporary exclusion of 100 percent of gain on certain small 
              business stock.

            Subtitle D--Temporary Disaster Relief Provisions

                    subpart a--new york liberty zone

Sec. 761. Tax-exempt bond financing.

                           subpart b--go zone

Sec. 762. Increase in rehabilitation credit.
Sec. 763. Low-income housing credit rules for buildings in GO zones.
Sec. 764. Tax-exempt bond financing.
Sec. 765. Bonus depreciation deduction applicable to the GO Zone.

                   TITLE VIII--SENIOR CITIZENS RELIEF

Sec. 801. Short title.
Sec. 802. Extension and modification of certain economic recovery 
              payments.

         TITLE IX--INFRASTRUCTURE, ENERGY, AND WATER PROVISIONS

                 Subtitle A--TIGER Discretionary Grants

Sec. 901. TIGER discretionary grants.

                Subtitle B--National Infrastructure Bank

Sec. 911. Findings.
Sec. 912. Definitions.
Sec. 913. Establishment of national infrastructure development bank.
Sec. 914. Board of directors.
Sec. 915. Executive committee.
Sec. 916. Risk management committee.
Sec. 917. Audit Committee.
Sec. 918. Personnel.
Sec. 919. Eligibility criteria for assistance from Bank.
Sec. 920. Exemption from local taxation.
Sec. 921. Status and applicability of certain Federal laws; full faith 
              and credit.
Sec. 922. Compliance with Davis-Bacon Act.
Sec. 923. Applicability of certain State laws.
Sec. 924. Audits; reports to President and Congress.
Sec. 925. Capitalization of bank.
Sec. 926. Sunset.

                 Subtitle C--Energy and Water Programs

Sec. 931. Energy Efficiency and Conservation Block Grant Program.
Sec. 932. State water pollution control revolving funds.
Sec. 933. State drinking water revolving loan funds.
Sec. 934. State energy conservation plans.
Sec. 935. Temporary program for rapid deployment of renewable energy 
              and electric power transmission projects.
Sec. 936. Extension of qualifying advanced energy project credit.
Sec. 937. Land and Water Conservation Fund.
Sec. 938. Flood control projects.

                      Subtitle D--Housing Programs

Sec. 941. National Housing Trust Fund.
Sec. 942. Green retrofit program.

                     TITLE X--BUDGETARY PROVISIONS

Sec. 1001. Determination of budgetary effects.
Sec. 1002. Emergency designations.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

     SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

       (a) Temporary Extension.--
       (1) In general.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2010'' both places it appears and inserting 
     ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.
       (b) Application to Taxpayers With Income of $250,000 or 
     More.--
       (1) Income tax rates.--
       (A) 25- and 28- percent rate brackets made permanent.--
     Paragraph (2) of section 1(i) is amended to read as follows:
       ``(2) 25- and 28- percent rate brackets.--The tables under 
     subsections (a), (b), (c), (d), and (e) shall be applied--
       ``(A) by substituting `25%' for `28%' each place it appears 
     (before the application of subparagraph (B)), and
       ``(B) by substituting `28%' for `31%' each place it 
     appears.''.
       (B) 33-percent rate bracket.--Subsection (i) of section 1 
     is amended by redesignating paragraph (3) as paragraph (4) 
     and by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) 33-percent rate bracket.--
       ``(A) In general.--In the case of taxable years beginning 
     after December 31, 2010--
       ``(i) the rate of tax under subsections (a), (b), (c), and 
     (d) on a taxpayer's taxable income in the fourth rate bracket 
     shall be 33 percent to the extent such income does not exceed 
     an amount equal to the excess of--

       ``(I) the applicable amount, over
       ``(II) the dollar amount at which such bracket begins, and

       ``(ii) the 36 percent rate of tax under such subsections 
     shall apply only to the taxpayer's taxable income in such 
     bracket in excess of the amount to which clause (i) applies.
       ``(B) Applicable amount.--For purposes of this paragraph, 
     the term `applicable amount' means the excess of--

[[Page S8889]]

       ``(i) the applicable threshold, over
       ``(ii) the sum of the following amounts in effect for the 
     taxable year:

       ``(I) the basic standard deduction (within the meaning of 
     section 63(c)(2)), and
       ``(II) the exemption amount (within the meaning of section 
     151(d)(1) (or, in the case of subsection (a), 2 such 
     exemption amounts).

       ``(C) Applicable threshold.--For purposes of this 
     paragraph, the term `applicable threshold' means--
       ``(i) $250,000 in the case of subsection (a),
       ``(ii) $200,000 in the case of subsections (b) and (c), and
       ``(iii) \1/2\ the amount applicable under clause (i) (after 
     adjustment, if any, under subparagraph (E)) in the case of 
     subsection (d).
       ``(D) Fourth rate bracket.--For purposes of this paragraph, 
     the term `fourth rate bracket' means the bracket which would 
     (determined without regard to this paragraph) be the 36-
     percent rate bracket.
       ``(E) Inflation adjustment.--For purposes of this 
     paragraph, a rule similar to the rule of paragraph (1)(C) 
     shall apply with respect to taxable years beginning in 
     calendar years after 2010, applied by substituting `2008' for 
     `1992' in subsection (f)(3)(B).''.
       (2) Phaseout of personal exemptions and itemized 
     deductions.--
       (A) Overall limitation on itemized deductions.--Section 68 
     is amended--
       (i) by striking ``the applicable amount'' the first place 
     it appears in subsection (a) and inserting ``the applicable 
     threshold in effect under section 1(i)(3)'',
       (ii) by striking ``the applicable amount'' in subsection 
     (a)(1) and inserting ``such applicable threshold'',
       (iii) by striking subsection (b) and redesignating 
     subsections (c), (d), and (e) as subsections (b), (c), and 
     (d), respectively, and
       (iv) by striking subsections (f) and (g).
       (B) Phaseout of deductions for personal exemptions.--
       (i) In general.--Paragraph (3) of section 151(d) is 
     amended--

       (I) by striking ``the threshold amount'' in subparagraphs 
     (A) and (B) and inserting ``the applicable threshold in 
     effect under section 1(i)(3)'',
       (II) by striking subparagraph (C) and redesignating 
     subparagraph (D) as subparagraph (C), and
       (III) by striking subparagraphs (E) and (F).

       (ii) Conforming amendments.--Paragraph (4) of section 
     151(d) is amended--

       (I) by striking subparagraph (B),
       (II) by redesignating clauses (i) and (ii) of subparagraph 
     (A) as subparagraphs (A) and (B), respectively, and by 
     indenting such subparagraphs (as so redesignated) 
     accordingly, and
       (III) by striking all that precedes ``in a calendar year 
     after 1989,'' and inserting the following:

       ``(4) Inflation adjustment.--In the case of any taxable 
     year beginning''.
       (c) Effective Date.--Except as otherwise provided, the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2010.

     SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

       (a) Extension.--
       (1) In general.--Section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the Jobs 
     and Growth Tax Relief Reconciliation Act of 2003.
       (b) 20-percent Capital Gains Rate for Certain High Income 
     Individuals.--
       (1) In general.--Paragraph (1) of section 1(h) is amended 
     by striking subparagraph (C), by redesignating subparagraphs 
     (D) and (E) as subparagraphs (E) and (F) and by inserting 
     after subparagraph (B) the following new subparagraphs:
       ``(C) 15 percent of the lesser of--
       ``(i) so much of the adjusted net capital gain (or, if 
     less, taxable income) as exceeds the amount on which a tax is 
     determined under subparagraph (B), or
       ``(ii) the excess (if any) of--

       ``(I) the amount of taxable income which would (without 
     regard to this paragraph) be taxed at a rate below 36 
     percent, over
       ``(II) the sum of the amounts on which a tax is determined 
     under subparagraphs (A) and (B),

       ``(D) 20 percent of the adjusted net capital gain (or, if 
     less, taxable income) in excess of the sum of the amounts on 
     which tax is determined under subparagraphs (B) and (C),''.
       (2) Dividends.--Subparagraph (A) of section 1(h)(11) is 
     amended by striking ``qualified dividend income'' and 
     inserting ``so much of the qualified dividend income as does 
     not exceed the excess (if any) of--
       ``(i) the amount of taxable income which would (without 
     regard to this subsection) be taxed at a rate below 36 
     percent, over
       ``(ii) taxable income reduced by qualified dividend 
     income.''.
       (3) Minimum tax.--Paragraph (3) of section 55(b) is amended 
     by striking subparagraph (C), by redesignating subparagraph 
     (D) as subparagraph (E), and by inserting after subparagraph 
     (B) the following new subparagraphs:
       ``(C) 15 percent of the lesser of--
       ``(i) so much of the adjusted net capital gain (or, if 
     less, taxable excess) as exceeds the amount on which tax is 
     determined under subparagraph (B), or
       ``(ii) the excess described in section 1(h)(1)(C)(ii), plus
       ``(D) 20 percent of the adjusted net capital gain (or, if 
     less, taxable excess) in excess of the sum of the amounts on 
     which tax is determined under subparagraphs (B) and (C), 
     plus''.
       (c) Conforming Amendments.--
       (1) The following provisions are each amended by striking 
     ``15 percent'' and inserting ``20 percent'':
       (A) Section 1445(e)(1).
       (B) The second sentence of section 7518(g)(6)(A).
       (C) Section 53511(f)(2) of title 46, United States Code.
       (2) Sections 531 and 541 are each amended by striking ``15 
     percent of'' and inserting ``the produce of the highest rate 
     of tax under section 1(c) and''.
       (3) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by 
     striking ``5 percent (0 percent in the case of taxable years 
     beginning after 2007)'' and inserting ``0 percent''.
       (4) Section 1445(e)(6) is amended by striking ``15 percent 
     (20 percent in the case of taxable years beginning after 
     December 31, 2010)'' and inserting ``20 percent''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in otherwise provided, 
     the amendments made by subsections (b) and (c) shall apply to 
     taxable years beginning after December 31, 2010.
       (2) Withholding.--The amendments made by paragraphs (1)(C) 
     and (3) of subsection (c) shall apply to amounts paid on or 
     after January 1, 2011.

     SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF.

       (a) American Opportunity Tax Credit.--
       (1) In general.--Section 25A(i) is amended by striking ``or 
     2010'' and inserting ``, 2010, 2011, or 2012''.
       (2) Treatment of possessions.--Section 1004(c)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``and 2010'' each place it appears and inserting 
     ``, 2010, 2011, and 2012''.
       (b) Child Tax Credit.--Section 24(d)(4) is amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (c) Earned Income Tax Credit.--Section 32(b)(3) is 
     amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

     SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE 
                   MINIMUM TAX EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) is 
     amended--
       (1) by striking ``$70,950'' and all that follows through 
     ``2009'' in subparagraph (A) and inserting ``$72,450 in the 
     case of taxable years beginning in 2010 and $74,450 in the 
     case of taxable years beginning in 2011'', and
       (2) by striking ``$46,700'' and all that follows through 
     ``2009'' in subparagraph (B) and inserting ``$47,450 in the 
     case of taxable years beginning in 2010 and $48,450 in the 
     case of taxable years beginning in 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
       (c) Repeal of EGTRRA Sunset.--Title IX of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 (relating to 
     sunset of provisions of such Act) shall not apply to title 
     VII of such Act (relating to alternative minimum tax).

     SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX 
                   RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) is 
     amended--
       (1) by striking ``or 2009'' and inserting ``2009, 2010, or 
     2011'', and
       (2) by striking ``2009'' in the heading thereof and 
     inserting ``2011''.
       (b)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

                TITLE III--RESPONSIBLE ESTATE TAX REFORM

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Responsible Estate Tax 
     Act''.

     SEC. 302. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER 
                   BASIS.

       (a) In General.--Each provision of law amended by subtitle 
     A or E of title V of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended to read as such 
     provision would read if such subtitle had never been enacted.
       (b) Conforming Amendment.--On and after January 1, 2011, 
     paragraph (1) of section 2505(a) of the Internal Revenue Code 
     of 1986 is amended to read as such paragraph would read if 
     section 521(b)(2) of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 had never been enacted.
       (c) Special Election With Respect to Estates of Decedents 
     Dying in 2010.--Notwithstanding subsection (a), in the case 
     of an estate of a decedent dying after December 31, 2009, and 
     before January 1, 2011, the executor (within the meaning of 
     section 2203 of the Internal Revenue Code of 1986) may elect 
     to apply such Code as though the amendments

[[Page S8890]]

     made by subsection (a) do not apply with respect to chapter 
     11 of such Code and with respect to property acquired or 
     passing from such decedent (within the meaning of section 
     1014(b) of such Code).  Such election shall be made at such 
     time and in such manner as the Secretary of the Treasury or 
     the Secretary's delegate shall provide. Such an election once 
     made shall be revocable only with the consent of the 
     Secretary of the Treasury or the Secretary's delegate. For 
     purposes of section 2652(a)(1) of such Code, the 
     determination of whether any property is subject to the tax 
     imposed by such chapter 11 shall be made without regard to 
     any election made under this subsection.
       (d) Extension of Time for Performing Certain Acts.--
       (1) Estate tax.--In the case of the estate of a decedent 
     dying after December 31, 2009, and before the date of the 
     enactment of this Act, the due date for--
       (A) filing any return under section 6018 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) as such section is in effect after the 
     date of the enactment of this Act without regard to any 
     election under subsection (c),
       (B) making any payment of tax under chapter 11 of such 
     Code, and
       (C) making any disclaimer described in section 2518(b) of 
     such Code of an interest in property passing by reason of the 
     death of such decedent,

     shall not be earlier than the date which is 9 months after 
     the date of the enactment of this Act.
       (2) Generation-skipping tax.--In the case of any 
     generation-skipping transfer made after December 31, 2009, 
     and before the date of the enactment of this Act, the due 
     date for filing any return under section 2662 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) shall not be earlier than the date 
     which is 9 months after the date of the enactment of this 
     Act.
       (e) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, and transfers made, after 
     December 31, 2009.

     SEC. 303. MODIFICATION OF RATES AND MAINTENANCE OF UNIFIED 
                   CREDIT AGAINST THE ESTATE TAX.

       (a) Modification of Rates.--
       (1) In general.--The table in paragraph (1) of section 
     2001(c) is amended by striking the last 6 rows and inserting 
     the following:


  ``Over $750,000 but not over $3,500,000.  $248,300 plus 39 percent of
                                             the excess of such amount
                                             over $750,000.
  Over $3,500,000 but not over $10,000,000  $1,320,800 plus 45 percent
                                             of the excess of such
                                             amount over $3,500,000.
  Over $10,000,000 but not over             $4,245,800 plus 50 percent
   $50,000,000.                              of the excess of such
                                             amount over $10,000,000.
  Over $50,000,000........................  $24,245,800 plus 55 percent
                                             of the excess of such
                                             amount over $50,000,000''.
 

       (2) Surtax on wealthy estates.--Paragraph (2) of section 
     2001(c) is amended to read as follows:
       ``(2) Surtax on estates over $500,000,000.--Notwithstanding 
     paragraph (1), if the amount with respect to which the 
     tentative tax to be computed is over $500,000,000, the rate 
     of tax otherwise in effect under this subsection with respect 
     to the amount in excess of $500,000,000 shall be increased by 
     10 percentage points.''.
       (b) Extension of 2009 Applicable Credit Amount.--The table 
     in subsection (c) of section 2010 (relating to applicable 
     credit amount) is amended by inserting ``and thereafter'' 
     after ``2009''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying, and gifts made, 
     after December 31, 2009.

     SEC. 304. MODIFICATION OF RULES FOR VALUE OF CERTAIN FARM, 
                   ETC., REAL PROPERTY.

       (a) In General.--Paragraph (2) of section 2032A(a) is 
     amended by striking ``$750,000'' and inserting 
     ``$3,000,000''.
       (b) Inflation Adjustment.--Paragraph (3) of section 
     2032A(a) is amended--
       (1) by striking ``1998'' and inserting ``2009'',
       (2) by striking ``$750,000'' and inserting ``$3,000,000'' 
     in subparagraph (A), and
       (3) by striking ``calendar year 1997'' and inserting 
     ``calendar year 2008'' in subparagraph (B).
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying, and gifts made, 
     after December 31, 2009.

     SEC. 305. MODIFICATION OF ESTATE TAX RULES WITH RESPECT TO 
                   LAND SUBJECT TO CONSERVATION EASEMENTS.

       (a) Modification of Exclusion Limitation.--The table in 
     paragraph (3) of section 2031(c) is amended--
       (1) by striking ``or thereafter'' in the last row and 
     inserting ``through 2009'', and
       (2) by adding at the end the following row:


  ``2010 and thereafter.................................   $2,000,000''.
 

       (b) Modification of Applicable Percentage.--Paragraph (2) 
     of section 2031(c) is amended by striking ``40 percent'' and 
     inserting ``60 percent''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after December 31, 
     2009.

     SEC. 306. CONSISTENT BASIS REPORTING BETWEEN ESTATE AND 
                   PERSON ACQUIRING PROPERTY FROM DECEDENT.

       (a) Consistent Use of Basis.--
       (1) Property acquired from a decedent.--Section 1014 is 
     amended by adding at the end the following new subsection:
       ``(f) Basis Must Be Consistent With Estate Tax Value.--
       ``(1) In general.--For purposes of this section, the value 
     used to determine the basis of any interest in property in 
     the hands of the person acquiring such property shall not 
     exceed the value of such interest as finally determined for 
     purposes of chapter 11.
       ``(2) Special rule where no final determination.--In any 
     case in which the value of property has not been finally 
     determined under chapter 11 and there has been a statement 
     furnished under section 6035(a), the value used to determine 
     the basis of any interest in property in the hands of the 
     person acquiring such property shall not exceed the amount 
     reported on the statement furnished under section 6035(a).
       ``(3) Regulations.--The Secretary may by regulations 
     provide exceptions to the application of this subsection.''.
       (2) Property acquired by gifts and transfers in trust.--
     Section 1015 is amended by adding at the end the following 
     new subsection:
       ``(f) Basis Must Be Consistent With Gift Tax Value.--
       ``(1) In general.--For purposes of this section, the fair 
     market value of any interest in property at the time of the 
     gift of that interest shall not exceed the value of such 
     interest as finally determined for purposes of chapter 12.
       ``(2) Special rule where no final determination.--In any 
     case in which the value of property has not been finally 
     determined under chapter 12 and there has been a statement 
     furnished under section 6035(b), the fair market value of any 
     interest in property at the time of the gift of that interest 
     shall not exceed the amount reported on the statement 
     furnished under section 6035(b).
       ``(3) Regulations.--The Secretary may by regulations 
     provide exceptions to the application of this subsection.''.
       (b) Information Reporting.--
       (1) In general.--Subpart A of part III of subchapter A of 
     chapter 61 is amended by inserting after section 6034A the 
     following new section:

     ``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY 
                   FROM DECEDENT OR BY GIFT.

       ``(a) Information With Respect to Property Acquired From 
     Decedents.--
       ``(1) In general.--The executor of any estate required to 
     file a return under section 6018(a) shall furnish to the 
     Secretary and to each person acquiring any interest in 
     property included in the decedent's gross estate for Federal 
     estate tax purposes a statement identifying the value of each 
     interest in such property as reported on such return and such 
     other information with respect to such interest as the 
     Secretary may prescribe.
       ``(2) Statements by beneficiaries.--Each person required to 
     file a return under section 6018(b) shall furnish to the 
     Secretary and to each other person who holds a legal or 
     beneficial interest in the property to which such return 
     relates a statement identifying the information described in 
     paragraph (1).
       ``(3) Time for furnishing statement.--
       ``(A) In general.--Each statement required to be furnished 
     under paragraph (1) or (2) shall be furnished at such time as 
     the Secretary may prescribe, but in no case at a time later 
     than the earlier of--
       ``(i) the date which is 30 days after the date on which the 
     return under section 6018 was required to be filed (including 
     extensions, if any), or
       ``(ii) the date which is 30 days after the date such return 
     is filed.
       ``(B) Adjustments.--In any case in which there is an 
     adjustment to the information required to be included on a 
     statement filed under paragraph (1) or (2) after such 
     statement has been filed, a supplemental statement under such 
     paragraph shall be filed not later than the date which is 30 
     days after such adjustment is made.
       ``(b) Information With Respect to Property Acquired by 
     Gift.--
       ``(1) In general.--Each person making a transfer by gift 
     who is required to file a return under section 6019 with 
     respect to such transfer shall furnish to the Secretary and 
     to each person acquiring any interest in property by reason 
     of such transfer a statement identifying the fair market 
     value of each interest in such property as reported on such 
     return and such other information with respect to such 
     interest as the Secretary may prescribe.
       ``(2) Time for furnishing statement.--
       ``(A) In general.--Each statement required to be furnished 
     under paragraph (1) shall be furnished at such time as the 
     Secretary may prescribe, but in no case at a time later than 
     the earlier of--
       ``(i) the date which is 30 days after the date on which the 
     return under section 6019 was required to be filed (including 
     extensions, if any), or
       ``(ii) the date which is 30 days after the date such return 
     is filed.
       ``(B) Adjustments.--In any case in which there is an 
     adjustment to the information required to be included on a 
     statement filed under paragraph (1) after such statement has

[[Page S8891]]

     been filed, a supplemental statement under such paragraph 
     shall be filed not later than the date which is 30 days after 
     such adjustment is made.
       ``(c) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out this section, including 
     regulations relating to--
       ``(1) applying this section to property with regard to 
     which no estate or gift tax return is required to be filed, 
     and
       ``(2) situations in which the surviving joint tenant or 
     other recipient may have better information than the executor 
     regarding the basis or fair market value of the property.''.
       (2) Penalty for failure to file.--
       (A) Return.--Section 6724(d)(1) is amended by striking 
     ``and'' at the end of subparagraph (B), by striking the 
     period at the end of subparagraph (C) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(D) any statement required to be filed with the Secretary 
     under section 6035.''.
       (B) Statement.--Section 6724(d)(2) is amended by striking 
     ``or'' at the end of subparagraph (GG), by striking the 
     period at the end of subparagraph (HH) and inserting ``, 
     or'', and by adding at the end the following new 
     subparagraph:
       ``(II) section 6035 (other than a statement described in 
     paragraph (1)(D)).''.
       (3) Clerical amendment.--The table of sections for subpart 
     A of part III of subchapter A of chapter 61 is amended by 
     inserting after the item relating to section 6034A the 
     following new item:

``Sec. 6035. Basis information to persons acquiring property from 
              decedent or by gift.''.
       (c) Penalty for Inconsistent Reporting.--
       (1) In general.--Subsection (b) of section 6662 is amended 
     by inserting after paragraph (7) the following new paragraph:
       ``(8) Any inconsistent estate or gift basis.''.
       (2) Inconsistent basis reporting.--Section 6662 is amended 
     by adding at the end the following new subsection:
       ``(k) Inconsistent Estate or Gift Basis Reporting.--For 
     purposes of this section, the term `inconsistent estate or 
     gift basis' means--
       ``(1) in the case of property acquired from a decedent, a 
     basis determination with respect to such property which is 
     not consistent with the requirements of section 1014(f), and
       ``(2) in the case of property acquired by gift, a basis 
     determination with respect to such property which is not 
     consistent with the requirements of section 1015(f).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to transfers for which returns are filed after 
     the date of the enactment of this Act.

     SEC. 307. VALUATION RULES FOR CERTAIN TRANSFERS OF 
                   NONBUSINESS ASSETS; LIMITATION ON MINORITY 
                   DISCOUNTS.

       (a) In General.--Section 2031 (relating to definition of 
     gross estate) is amended by redesignating subsection (d) as 
     subsection (f) and by inserting after subsection (c) the 
     following new subsections:
       ``(d) Valuation Rules for Certain Transfers of Nonbusiness 
     Assets.--For purposes of this chapter and chapter 12--
       ``(1) In general.--In the case of the transfer of any 
     interest in an entity other than an interest which is 
     actively traded (within the meaning of section 1092)--
       ``(A) the value of any nonbusiness assets held by the 
     entity with respect to such interest shall be determined as 
     if the transferor had transferred such assets directly to the 
     transferee (and no valuation discount shall be allowed with 
     respect to such nonbusiness assets), and
       ``(B) such nonbusiness assets shall not be taken into 
     account in determining the value of the interest in the 
     entity.
       ``(2) Nonbusiness assets.--For purposes of this 
     subsection--
       ``(A) In general.--The term `nonbusiness asset' means any 
     asset which is not used in the active conduct of 1 or more 
     trades or businesses.
       ``(B) Treatment of certain passive assets.--Except as 
     provided in subparagraph (C), a passive asset shall not be 
     treated for purposes of subparagraph (A) as used in the 
     active conduct of a trade or business unless--
       ``(i) the asset is property described in paragraph (1) or 
     (4) of section 1221(a) or is a hedge with respect to such 
     property, or
       ``(ii) the asset is real property used in the active 
     conduct of 1 or more real property trades or businesses 
     (within the meaning of section 469(c)(7)(C)) in which the 
     transferor materially participates and with respect to which 
     the transferor meets the requirements of section 
     469(c)(7)(B)(ii).

     For purposes of clause (ii), material participation shall be 
     determined under the rules of section 469(h), except that 
     section 469(h)(3) shall be applied without regard to the 
     limitation to farming activity.
       ``(C) Exception for working capital.--Any asset (including 
     a passive asset) which is held as a part of the reasonably 
     required working capital needs of a trade or business shall 
     be treated as used in the active conduct of a trade or 
     business.
       ``(3) Passive asset.--For purposes of this subsection, the 
     term `passive asset' means any--
       ``(A) cash or cash equivalents,
       ``(B) except to the extent provided by the Secretary, stock 
     in a corporation or any other equity, profits, or capital 
     interest in any entity,
       ``(C) evidence of indebtedness, option, forward or futures 
     contract, notional principal contract, or derivative,
       ``(D) asset described in clause (iii), (iv), or (v) of 
     section 351(e)(1)(B),
       ``(E) annuity,
       ``(F) real property used in 1 or more real property trades 
     or businesses (as defined in section 469(c)(7)(C)),
       ``(G) asset (other than a patent, trademark, or copyright) 
     which produces royalty income,
       ``(H) commodity,
       ``(I) collectible (within the meaning of section 401(m)), 
     or
       ``(J) any other asset specified in regulations prescribed 
     by the Secretary.
       ``(4) Look-thru rules.--
       ``(A) In general.--If a nonbusiness asset of an entity 
     consists of a 10-percent interest in any other entity, this 
     subsection shall be applied by disregarding the 10-percent 
     interest and by treating the entity as holding directly its 
     ratable share of the assets of the other entity. This 
     subparagraph shall be applied successively to any 10-percent 
     interest of such other entity in any other entity.
       ``(B) 10-percent interest.--The term `10-percent interest' 
     means--
       ``(i) in the case of an interest in a corporation, 
     ownership of at least 10 percent (by vote or value) of the 
     stock in such corporation,
       ``(ii) in the case of an interest in a partnership, 
     ownership of at least 10 percent of the capital or profits 
     interest in the partnership, and
       ``(iii) in any other case, ownership of at least 10 percent 
     of the beneficial interests in the entity.
       ``(5) Coordination with subsection (b).--Subsection (b) 
     shall apply after the application of this subsection.
       ``(e) Limitation on Minority Discounts.--For purposes of 
     this chapter and chapter 12, in the case of the transfer of 
     any interest in an entity other than an interest which is 
     actively traded (within the meaning of section 1092), no 
     discount shall be allowed by reason of the fact that the 
     transferee does not have control of such entity if the 
     transferee and members of the family (as defined in section 
     2032A(e)(2)) of the transferee have control of such 
     entity.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to transfers after the date of the enactment of 
     this Act.

     SEC. 308. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR 
                   RETAINED ANNUITY TRUSTS.

       (a) In General.--Subsection (b) of section 2702 is 
     amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and by moving 
     such subparagraphs (as so redesignated) 2 ems to the right;
       (2) by striking ``For purposes of'' and inserting the 
     following:
       ``(1) In general.--For purposes of'';
       (3) by striking ``paragraph (1) or (2)'' in paragraph 
     (1)(C) (as so redesignated) and inserting ``subparagraph (A) 
     or (B)''; and
       (4) by adding at the end the following new paragraph:
       ``(2) Additional requirements with respect to grantor 
     retained annuities.--For purposes of subsection (a), in the 
     case of an interest described in paragraph (1)(A) (determined 
     without regard to this paragraph) which is retained by the 
     transferor, such interest shall be treated as described in 
     such paragraph only if--
       ``(A) the right to receive the fixed amounts referred to in 
     such paragraph is for a term of not less than 10 years,
       ``(B) such fixed amounts, when determined on an annual 
     basis, do not decrease relative to any prior year during the 
     first 10 years of the term referred to in subparagraph (A), 
     and
       ``(C) the remainder interest has a value greater than zero 
     determined as of the time of the transfer.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to transfers made after the date of the enactment 
     of this Act.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

     SEC. 401. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS 
                   EXPENSING.

       (a) Dollar Limitation.--Section 179(b)(1) is amended by 
     striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $125,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $25,000 in the case of taxable years beginning after 
     2012.''.
       (b) Reduction in Limitation.--Section 179(b)(2) is amended 
     by striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $500,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $200,000 in the case of taxable years beginning after 
     2012.''.
       (c) Inflation Adjustment.--Subsection (b) of section 179 is 
     amended by adding at the end the following new paragraph:
       ``(6) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning in calendar year 2012, the $125,000 and $500,000 
     amounts in paragraphs (1)(C) and (2)(C) shall each be 
     increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by

[[Page S8892]]

     substituting `calendar year 2006' for `calendar year 1992' in 
     subparagraph (B) thereof.
       ``(B) Rounding.--
       ``(i) Dollar limitation.--If the amount in paragraph (1) as 
     increased under subparagraph (A) is not a multiple of $1,000, 
     such amount shall be rounded to the nearest multiple of 
     $1,000.
       ``(ii) Phaseout amount.--If the amount in paragraph (2) as 
     increased under subparagraph (A) is not a multiple of 
     $10,000, such amount shall be rounded to the nearest multiple 
     of $10,000.''.
       (d) Computer Software.--Section 179(d)(1)(A)(ii) is amended 
     by striking ``2012'' and inserting ``2013''.
       (e) Conforming Amendment.--Section 179(c)(2) is amended by 
     striking ``2012'' and inserting ``2013''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

     SEC. 501. TEMPORARY 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--
       (A) by striking ``November 30, 2010'' each place it appears 
     and inserting ``January 3, 2012'';
       (B) in the heading for subsection (b)(2), by striking 
     ``november 30, 2010'' and inserting ``january 3, 2012''; and
       (C) in subsection (b)(3), by striking ``April 30, 2011'' 
     and inserting ``June 9, 2012''.
       (2) 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 ``December 1, 2010'' each place it appears 
     and inserting ``January 4, 2012''; and
       (B) in subsection (c), by striking ``May 1, 2011'' and 
     inserting ``June 11, 2012''.
       (3) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``April 30, 2011'' and inserting ``June 
     10, 2012''.
       (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 (E), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (F) the following:
       ``(G) the amendments made by section 501(a)(1) of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010; and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Unemployment Compensation Extension Act of 2010 (Public Law 
     111-205).

     SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE 
                   EXTENDED BENEFIT PROGRAM.

       (a) Indicator.--Section 203(d) of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended, in the flush matter following 
     paragraph (2), by inserting after the first sentence the 
     following sentence: ``Effective with respect to compensation 
     for weeks of unemployment beginning after the date of 
     enactment of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (or, if later, 
     the date established pursuant to State law), and ending on or 
     before December 31, 2011, the State may by law provide that 
     the determination of whether there has been a state `on' or 
     `off' indicator beginning or ending any extended benefit 
     period shall be made under this subsection as if the word 
     `two' were `three' in subparagraph (1)(A).''.
       (b) Alternative Trigger.--Section 203(f) of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Effective with respect to compensation for weeks of 
     unemployment beginning after the date of enactment of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (or, if later, the date established 
     pursuant to State law), and ending on or before December 31, 
     2011, the State may by law provide that the determination of 
     whether there has been a state `on' or `off' indicator 
     beginning or ending any extended benefit period shall be made 
     under this subsection as if the word `either' were `any', the 
     word ``both'' were `all', and the figure `2' were `3' in 
     clause (1)(A)(ii).''.

     SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF 
                   UNEMPLOYMENT COMPENSATION DEBTS.

       (a) In General.--Section 6402(f)(3)(C), as amended by 
     section 801 of the Claims Resolution Act of 2010, is amended 
     by striking ``is not a covered unemployment compensation 
     debt'' and inserting ``is a covered unemployment compensation 
     debt''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in section 801 of the Claims 
     Resolution Act of 2010.

     SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF 
                   CONTINUED DUMPING AND SUBSIDY OFFSET.

       (a) In General.--Section 822(2)(A) of the Claims Resolution 
     Act of 2010 is amended by striking ``or'' and inserting 
     ``and''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the provisions of the 
     Claims Resolution Act of 2010.

     SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE 
                   RAILROAD UNEMPLOYMENT INSURANCE ACT.

       (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act, as added by section 2006 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) and as amended by section 9 of the Worker, 
     Homeownership, and Business Assistance Act of 2009 (Public 
     Law 111-92), is amended--
       (1) by striking ``June 30, 2010'' and inserting ``June 30, 
     2011''; and
       (2) by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Clarification on Authority to Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of additional extended unemployment benefits provided 
     under such section 2(c)(2)(D) by reason of the amendments 
     made by subsection (a) as well as to cover the cost of such 
     benefits provided under such section 2(c)(2)(D), as in effect 
     on the day before the date of the enactment of this Act.

             TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT

     SEC. 601. MAKING WORK PAY CREDIT.

       (a) In General.--Section 36A(e) is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2011''.
       (b) Treatment of Possessions.--Section 1001(b)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``2009 and 2010'' both places it appears and 
     inserting ``2009, 2010, and 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

     SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (b) Excise Tax Credits and Outlay Payments for Biodiesel 
     and Renewable Diesel Fuel Mixtures.--
       (1) Paragraph (6) of section 6426(c) is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (2) Subparagraph (B) of section 6427(e)(6) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any biodiesel mixture credit 
     properly determined under section 6426(c) of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 702. NEW ENERGY EFFICIENT HOME CREDIT.

       (a) In General.--Subsection (g) of section 45L is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to homes acquired after December 31, 2009.

     SEC. 703. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT 
                   FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR 
                   QUALIFIED ELECTRIC UTILITIES.

       (a) In General.--Paragraph (3) of section 451(i) is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions after December 31, 2009.

     SEC. 704. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 
                   IN LIEU OF TAX CREDITS.

       (a) In General.--Subsection (a) of section 1603 of division 
     B of the American Recovery and Reinvestment Act of 2009 is 
     amended--
       (1) in paragraph (1), by striking ``2009 or 2010'' and 
     inserting ``2009, 2010, or 2011'', and
       (2) in paragraph (2)--
       (A) by striking ``after 2010'' and inserting ``after 
     2011'', and
       (B) by striking ``2009 or 2010'' and inserting ``2009, 
     2010, or 2011''.
       (b) Conforming Amendment.--Subsection (j) of section 1603 
     of division B of such Act is

[[Page S8893]]

     amended by striking ``2011'' and inserting ``2012''.

     SEC. 705. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS 
                   FUEL.

       (a) Extension of Income Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (1) of section 40(e) is 
     amended--
       (A) by striking ``December 31, 2010'' in subparagraph (A) 
     and inserting ``December 31, 2011'', and
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended by striking ``2010'' both places it 
     appears and inserting ``2011''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales and uses after December 31, 2010.
       (d) Extension of Additional Duties on Ethanol.--
       (1) In general.--Headings 9901.00.50 and 9901.00.52 of the 
     Harmonized Tariff Schedule of the United States are each 
     amended in the effective period column by striking ``1/1/
     2011'' and inserting ``1/1/2012''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.

     SEC. 706. ENERGY EFFICIENT APPLIANCE CREDIT.

       (a) Dishwashers.--Paragraph (1) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (A), 
     by striking the period at the end of subparagraph (B) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(C) $25 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 307 
     kilowatt hours per year and 5.0 gallons per cycle (5.5 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings),
       ``(D) $50 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 295 
     kilowatt hours per year and 4.25 gallons per cycle (4.75 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings), and
       ``(E) $75 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 280 
     kilowatt hours per year and 4 gallons per cycle (4.5 gallons 
     per cycle for dishwashers designed for greater than 12 place 
     settings).''.
       (b) Clothes Washers.--Paragraph (2) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $175 in the case of a top-loading clothes washer 
     manufactured in calendar year 2011 which meets or exceeds a 
     2.2 modified energy factor and does not exceed a 4.5 water 
     consumption factor, and
       ``(F) $225 in the case of a clothes washer manufactured in 
     calendar year 2011--
       ``(i) which is a top-loading clothes washer and which meets 
     or exceeds a 2.4 modified energy factor and does not exceed a 
     4.2 water consumption factor, or
       ``(ii) which is a front-loading clothes washer and which 
     meets or exceeds a 2.8 modified energy factor and does not 
     exceed a 3.5 water consumption factor.''.
       (c) Refrigerators.--Paragraph (3) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $150 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 30 percent less 
     energy than the 2001 energy conservation standards, and
       ``(F) $200 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 35 percent less 
     energy than the 2001 energy conservation standards.''.
       (d) Rebasing of Limitations.--
       (1) In general.--Paragraph (1) of section 45M(e) is 
     amended--
       (A) by striking ``$75,000,000'' and inserting 
     ``$25,000,000'', and
       (B) by striking ``December 31, 2007'' and inserting 
     ``December 31, 2010''.
       (2) Exception for certain refrigerators and clothes 
     washers.--Paragraph (2) of section 45M(e) is amended--
       (A) by striking ``subsection (b)(3)(D)'' and inserting 
     ``subsection (b)(3)(F)'', and
       (B) by striking ``subsection (b)(2)(D)'' and inserting 
     ``subsection (b)(2)(F)''.
       (3) Gross receipts limitation.--Paragraph (3) of section 
     45M(e) is amended by striking ``2 percent'' and inserting ``4 
     percent''.
       (e) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), and (c) shall apply to appliances produced after 
     December 31, 2010.
       (2) Limitations.--The amendments made by subsection (d) 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 707. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension.--Section 25C(g)(2) is amended by striking 
     ``2010'' and inserting ``2011''.
       (b) Return to Pre-ARRA Limitations and Standards.--
       (1) In general.--Subsections (a) and (b) of section 25C are 
     amended to read as follows:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) 10 percent of the amount paid or incurred by the 
     taxpayer for qualified energy efficiency improvements 
     installed during such taxable year, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.
       ``(b) Limitations.--
       ``(1) Lifetime limitation.--The credit allowed under this 
     section with respect to any taxpayer for any taxable year 
     shall not exceed the excess (if any) of $500 over the 
     aggregate credits allowed under this section with respect to 
     such taxpayer for all prior taxable years ending after 
     December 31, 2005.
       ``(2) Windows.--In the case of amounts paid or incurred for 
     components described in subsection (c)(2)(B) by any taxpayer 
     for any taxable year, the credit allowed under this section 
     with respect to such amounts for such year shall not exceed 
     the excess (if any) of $200 over the aggregate credits 
     allowed under this section with respect to such amounts for 
     all prior taxable years ending after December 31, 2005.
       ``(3) Limitation on residential energy property 
     expenditures.--The amount of the credit allowed under this 
     section by reason of subsection (a)(2) shall not exceed--
       ``(A) $50 for any advanced main air circulating fan,
       ``(B) $150 for any qualified natural gas, propane, or oil 
     furnace or hot water boiler, and
       ``(C) $300 for any item of energy-efficient building 
     property.''.
       (2) Modification of standards.--
       (A) In general.--Paragraph (1) of section 25C(c) is amended 
     by striking ``2000'' and all that follows through ``this 
     section'' and inserting ``2009 International Energy 
     Conservation Code, as such Code (including supplements) is in 
     effect on the date of the enactment of the American Recovery 
     and Reinvestment Tax Act of 2009''.
       (B) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is 
     amended by striking ``, as measured using a lower heating 
     value''.
       (C)  Oil furnaces and hot water boilers.--
       (i) In general.--Paragraph (4) of section 25C(d) is amended 
     to read as follows:
       ``(4) Qualified natural gas, propane, or oil furnace or hot 
     water boiler.--The term `qualified natural gas, propane, or 
     oil furnace or hot water boiler' means a natural gas, 
     propane, or oil furnace or hot water boiler which achieves an 
     annual fuel utilization efficiency rate of not less than 
     95.''.
       (ii) Conforming amendment.--Clause (ii) of section 
     25C(d)(2)(A) is amended to read as follows:
       ``(ii) a qualified natural gas, propane, or oil furnace or 
     hot water boiler, or''.
       (D) Exterior windows, doors, and skylights.--
       (i) In general.--Subsection (c) of section 25C is amended 
     by striking paragraph (4).
       (ii) Application of energy star standards.--Paragraph (1) 
     of section 25C(c) is amended by inserting ``an exterior 
     window, a skylight, an exterior door,'' after ``in the case 
     of'' in the matter preceding subparagraph (A).
       (E) Insulation.--Subparagraph (A) of section 25C(c)(2) is 
     amended by striking ``and meets the prescriptive criteria for 
     such material or system established by the 2009 International 
     Energy Conservation Code, as such Code (including 
     supplements) is in effect on the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009''.
       (3) Subsidized energy financing.--Subsection (e) of section 
     25C is amended by adding at the end the following new 
     paragraph:
       ``(3) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any property, there shall 
     not be taken into account expenditures which are made from 
     subsidized energy financing (as defined in section 
     48(a)(4)(C)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2010.

     SEC. 708. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

       (a) Extension of Credit.--Paragraph (2) of section 30C(g) 
     is amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2010.

                   Subtitle B--Individual Tax Relief

     SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 
                   SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2009'' and inserting ``2009, 2010, 
     or 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

[[Page S8894]]

     SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE 
                   FOR CONSERVATION PURPOSES.

       (a) In General.--Clause (vi) of section 170(b)(1)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Contributions by Certain Corporate Farmers and 
     Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND 
                   RELATED EXPENSES.

       (a) In General.--Subsection (e) of section 222 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 
                   PLANS FOR CHARITABLE PURPOSES.

       (a) In General.--Subparagraph (F) of section 408(d)(8) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendment made by this section 
     shall apply to distributions made in taxable years beginning 
     after December 31, 2009.
       (2) Special rule.--For purposes of subsections (a)(6), 
     (b)(3), and (d)(8) of section 408 of the Internal Revenue 
     Code of 1986, at the election of the taxpayer (at such time 
     and in such manner as prescribed by the Secretary of the 
     Treasury) any qualified charitable distribution made after 
     December 31, 2010, and before February 1, 2011, shall be 
     deemed to have been made on December 31, 2010.

     SEC. 726. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
                   PROVIDED MASS TRANSIT AND PARKING BENEFITS.

       (a) In General.--Paragraph (2) of section 132(f) is amended 
     by striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months after December 31, 2010.

     SEC. 727. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       (a) In General.--Subchapter A of chapter 65 is amended by 
     adding at the end the following new section:

     ``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, any refund (or advance payment with respect to a 
     refundable credit) made to any individual under this title 
     shall not be taken into account as income, and shall not be 
     taken into account as resources for a period of 12 months 
     from receipt, for purposes of determining the eligibility of 
     such individual (or any other individual) for benefits or 
     assistance (or the amount or extent of benefits or 
     assistance) under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.
       ``(b) Termination.--Subsection (a) shall not apply to any 
     amount received after December 31, 2012.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

``Sec. 6409. Refunds disregarded in the administration of Federal 
              programs and federally assisted programs.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2009.

                    Subtitle C--Business Tax Relief

     SEC. 731. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 732. INDIAN EMPLOYMENT TAX CREDIT.

       (a) In General.--Subsection (f) of section 45A is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 733. NEW MARKETS TAX CREDIT.

       (a) In General.--Paragraph (1) of section 45D(f) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E),
       (2) by striking the period at the end of subparagraph (F), 
     and
       (3) by adding at the end the following new subparagraph:
       ``(G) $3,500,000,000 for 2010 and 2011.''.
       (b) Conforming Amendment.--Paragraph (3) of section 45D(f) 
     is amended by striking ``2014'' and inserting ``2016''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after 2009.

     SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT.

       (a) In General.--Subsection (f) of section 45G is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2009.

     SEC. 735. MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Subsection (e) of section 45N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE 
                   DUTY MEMBERS OF THE UNIFORMED SERVICES.

       (a) In General.--Subsection (f) of section 45P is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after December 31, 2009.

     SEC. 737. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   AN INDIAN RESERVATION.

       (a) In General.--Paragraph (8) of section 168(j) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 738. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) In General.--Clause (iv) of section 170(e)(3)(C) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 739. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   BOOK INVENTORIES TO PUBLIC SCHOOLS.

       (a) In General.--Clause (iv) of section 170(e)(3)(D) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE 
                   CONTRIBUTIONS OF COMPUTER INVENTORY FOR 
                   EDUCATIONAL PURPOSES.

       (a) In General.--Subparagraph (G) of section 170(e)(6) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 741. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

       (a) In General.--Subsection (g) of section 179E is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 742. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Subsection (h) of section 198 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2009.

     SEC. 743. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 
                   TO CONTROLLING EXEMPT ORGANIZATIONS.

       (a) In General.--Clause (iv) of section 512(b)(13)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments received or accrued after December 
     31, 2009.

     SEC. 744. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       (a) In General.--Paragraphs (1)(C) and (2)(C) of section 
     871(k) are each amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 745. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER 
                   FIRPTA.

       (a) In General.--Clause (ii) of section 897(h)(4)(A) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect on January 1, 2010. Notwithstanding the preceding 
     sentence, such amendment shall not apply with respect to the 
     withholding requirement under section 1445 of the Internal 
     Revenue Code of 1986 for any payment made before the date of 
     the enactment of this Act.
       (2) Amounts withheld on or before date of enactment.--In 
     the case of a regulated investment company--
       (A) which makes a distribution after December 31, 2009, and 
     before the date of the enactment of this Act; and
       (B) which would (but for the second sentence of paragraph 
     (1)) have been required to

[[Page S8895]]

     withhold with respect to such distribution under section 1445 
     of such Code,

     such investment company shall not be liable to any person to 
     whom such distribution was made for any amount so withheld 
     and paid over to the Secretary of the Treasury.

     SEC. 746. EXCEPTIONS FOR ACTIVE FINANCING INCOME.

       (a) In General.--Sections 953(e)(10) and 954(h)(9) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Conforming Amendment.--Section 953(e)(10) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 747. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED 
                   CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN 
                   PERSONAL HOLDING COMPANY RULES.

       (a) In General.--Subparagraph (C) of section 954(c)(6) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 748. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING 
                   CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) In General.--Paragraph (2) of section 1367(a) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 749. EMPOWERMENT ZONE TAX INCENTIVES.

       (a) In General.--Section 1391 is amended--
       (1) by striking ``December 31, 2009'' in subsection 
     (d)(1)(A)(i) and inserting ``December 31, 2011''; and
       (2) by striking the last sentence of subsection (h)(2).
       (b) Increased Exclusion of Gain on Stock of Empowerment 
     Zone Businesses.--Subparagraph (C) of section 1202(a)(2) is 
     amended--
       (1) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (2) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (c) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of an empowerment 
     zone the nomination for which included a termination date 
     which is contemporaneous with the date specified in 
     subparagraph (A)(i) of section 1391(d)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation if, after the date of the 
     enactment of this section, the entity which made such 
     nomination amends the nomination to provide for a new 
     termination date in such manner as the Secretary of the 
     Treasury (or the Secretary's designee) may provide.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2009.

     SEC. 750. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) In General.--Subsection (f) of section 1400 is amended 
     by striking ``December 31, 2009'' each place it appears and 
     inserting ``December 31, 2011''.
       (b) Tax-exempt DC Empowerment Zone Bonds.--Subsection (b) 
     of section 1400A is amended by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011''.
       (c) Zero-percent Capital Gains Rate.--
       (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), 
     (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (2) Limitation on period of gains.--
       (A) In general.--Paragraph (2) of section 1400B(e) is 
     amended--
       (i) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (ii) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (B) Partnerships and s-corps.--Paragraph (2) of section 
     1400B(g) is amended by striking ``December 31, 2014'' and 
     inserting ``December 31, 2016''.
       (d) First-time Homebuyer Credit.--Subsection (i) of section 
     1400C is amended by striking ``January 1, 2010'' and 
     inserting ``January 1, 2012''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to periods after December 31, 2009.
       (2) Tax-exempt dc empowerment zone bonds.--The amendment 
     made by subsection (b) shall apply to bonds issued after 
     December 31, 2009.
       (3) Acquisition dates for zero-percent capital gains 
     rate.--The amendments made by subsection (c) shall apply to 
     property acquired or substantially improved after December 
     31, 2009.
       (4) Homebuyer credit.--The amendment made by subsection (d) 
     shall apply to homes purchased after December 31, 2009.

     SEC. 751. WORK OPPORTUNITY CREDIT.

       (a) In General.--Subparagraph (B) of section 51(c)(4) is 
     amended by striking ``August 31, 2011'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.

     SEC. 752. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Section 54E(c)(1) is amended--
       (1) by striking ``2008 and'' and inserting ``2008,'', and
       (2) by inserting ``and $400,000,000 for 2011'' after 
     ``2010,''.
       (b) Repeal of Refundable Credit for QZABs.--Paragraph (3) 
     of section 6431(f) is amended by inserting ``determined 
     without regard to any allocation relating to the national 
     zone academy bond limitation for 2011 or any carryforward of 
     such allocation'' after ``54E)'' in subparagraph (A)(iii).
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2010.

     SEC. 753. MORTGAGE INSURANCE PREMIUMS.

       (a) In General.--Clause (iv) of section 163(h)(3)(E) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2010.

     SEC. 754. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON 
                   CERTAIN SMALL BUSINESS STOCK.

       (a) In General.--Paragraph (4) of section 1202(a) is 
     amended--
       (1) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012'', and
       (2) by inserting ``and 2011'' after ``2010'' in the heading 
     thereof.
       (b) Effective Date.--The amendments made by this section 
     shall apply to stock acquired after December 31, 2010.

            Subtitle D--Temporary Disaster Relief Provisions

                                  PART

                    Subpart A--New York Liberty Zone

     SEC. 761. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Subparagraph (D) of section 1400L(d)(2) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after December 31, 2009.

                           Subpart B--GO Zone

     SEC. 762. INCREASE IN REHABILITATION CREDIT.

       (a) In General.--Subsection (h) of section 1400N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO 
                   ZONES.

       Section 1400N(c)(5) is amended by striking ``January 1, 
     2011'' and inserting ``January 1, 2012''.

     SEC. 764. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Paragraphs (2)(D) and (7)(C) of section 
     1400N(a) are each amended by striking ``January 1, 2011'' and 
     inserting ``January 1, 2012''.
       (b) Conforming Amendments.--Sections 702(d)(1) and 704(a) 
     of the Heartland Disaster Tax Relief Act of 2008 are each 
     amended by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2012''.

     SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO 
                   ZONE.

       (a) In General.--Paragraph (6) of section 1400N(d) is 
     amended--
       (1) by striking ``December 31, 2010'' both places it 
     appears in subparagraph (B) and inserting ``December 31, 
     2011'', and
       (2) by striking ``January 1, 2010'' in the heading and the 
     text of subparagraph (D) and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

                   TITLE VIII--SENIOR CITIZENS RELIEF

     SEC. 801. SHORT TITLE.

       This Act may be cited as the ``Emergency Senior Citizens 
     Relief Act of 2010''.

     SEC. 802. EXTENSION AND MODIFICATION OF CERTAIN ECONOMIC 
                   RECOVERY PAYMENTS.

       (a) 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 
     2011'' after ``shall disburse'',
       (B) by inserting ``(for purposes of payments made for 
     calendar year 2009), or the 3-month period ending with 
     December 2010 (for purposes of payments made for calendar 
     year 2011)'' 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 2011 unless such 
     individual was paid a benefit described in such subparagraph 
     (B)(i) for any month in the 12-month period ending with 
     December 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 December 2010 
     (for purposes of payments made under this paragraph for 
     calendar year 2011)'' before the period at the end,
       (3) in subsection (a)(2)--

[[Page S8896]]

       (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 able 
     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 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 April 30, 2011, in the case of 
     payments for calendar year 2011'' 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 2011 shall be disbursed under this 
     section after December 31, 2012, 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 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 ``2013'',
       (B) by inserting ``section 2(b) 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''.
       (b) 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 
     ``2011'' for ``2009''), with respect to the first taxable 
     year of such individual beginning in 2011, section 2202 of 
     the American Recovery and Reinvestment Tax Act of 2009 shall 
     be applied by substituting ``2011'' 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 2(b)(1) 
     of the Emergency Senior Citizens Relief Act of 2010'' after 
     ``the American Recovery and Reinvestment Tax Act of 2009''.
       (c) Effective Date.--
       (1) In general.--Except as otherwise provided in paragraph 
     (2), 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.

         TITLE IX--INFRASTRUCTURE, ENERGY, AND WATER PROVISIONS

                 Subtitle A--TIGER Discretionary Grants

     SEC. 901. TIGER DISCRETIONARY GRANTS.

       There are appropriated, out of any money in the Treasury 
     not otherwise appropriated, $5,000,000,000 for each of fiscal 
     years 2011 and 2012, for the discretionary grant program 
     established under the heading ``national infrastructure 
     investments'' under the heading ``Office of the Secretary'' 
     under the heading ``DEPARTMENT OF TRANSPORTATION'' of title I 
     of division A of the Consolidated Appropriations Act, 2010 
     (Public Law 111-117; 123 Stat. 3036), commonly referred to as 
     the ``TIGER II Discretionary Grant Program'': Provided, That 
     the amount of a grant under this section may not exceed 
     $400,000,000:  Provided further, That not less than 20 
     percent of the funds made available under this section for 
     each fiscal year may be awarded to projects located in rural 
     areas:  Provided further, That not less than 1 percent of the 
     funds made available under this section for each fiscal year 
     may be used for the planning, preparation, or design of 
     projects eligible for funding under the TIGER II 
     Discretionary Grant Program:  Provided further, That not more 
     than 15 percent of the funds made available under this 
     section for a fiscal year may be awarded to projects in a 
     single State:  Provided further, That the Secretary may award 
     a grant of less than $10,000,000 to fund a significant 
     project in a smaller city, region, or State:  Provided 
     further, That the Federal share of the cost of a significant 
     project in a smaller city, region, or State may exceed 80 
     percent:  Provided further, That, of the amounts made 
     available under this section for a fiscal year, the Secretary 
     may use an amount not to exceed $750,000,000 for the purpose 
     of paying the subsidy and administrative costs of projects 
     eligible for Federal credit assistance under chapter 6 of 
     title 23, United States Code, if the Secretary finds that 
     such use of the funds would advance the purposes of this 
     section.

                Subtitle B--National Infrastructure Bank

     SEC. 911. FINDINGS.

       Congress finds the following:
       (1) According to the American Society of Civil Engineers, 
     the current condition of the infrastructure in the United 
     States earns a grade point average of D, and an estimated 
     $2,200,000,000,000 investment is needed over the next 5 years 
     to meet adequate conditions.
       (2) According to the National Surface Transportation Policy 
     and Revenue Study Commission, $225,000,000,000 is needed 
     annually from all sources for the next 50 years to upgrade 
     our surface transportation system to a state of good repair 
     and create a more advanced system.
       (3) According to the Federal Highway Administration up to 
     $131,700,000,000 must be invested annually for a 20-year 
     period to improve bridge efficiencies and the physical 
     condition and operational performance of the highway system 
     of the United States.

[[Page S8897]]

       (4) According to the Federal Transit Administration, up to 
     $21,800,000,000 must be invested annually for a 20-year 
     period to improve conditions and performance of the major 
     transit systems of the United States.
       (5) The Environmental Protection Agency projects that--
       (A) $183,600,000,000 is needed for installation and 
     maintenance of drinking water transmission and distribution 
     systems through 2022; and
       (B) $202,500,000,000 is needed for publicly owned 
     wastewater systems-related infrastructure needs through 2024.
       (6) According to the Edison Electric Institute, to maintain 
     current levels of service given expected growth in demand, 
     electric utilities need to invest an annual average of--
       (A) $28,000,000,000 for generation;
       (B) $12,000,000,000 for transmission; and
       (C) $34,000,000,000 for distribution of electricity.
       (7) According to the American Council on Renewable Energy, 
     renewable energy could provide up to 635 gigawatts of new 
     electricity generating capacity by 2025--a substantial 
     contribution and potentially more than the Nation's need for 
     new capacity, according to the United States Energy 
     Information Administration.
       (8) According to the United States Green Building Council, 
     United States buildings account for 38.9 percent of primary 
     energy use, 38 percent of carbon emissions, and 72 percent of 
     electricity consumption.
       (9) There are over 1,200,000 units of public housing 
     nationwide, with an accumulated capital needs backlog of 
     approximately $18,000,000,000, with an additional 
     $2,000,000,000 accruing each year.
       (10) According to the Organization for Economic Cooperation 
     and Development (OECD), the United States ranks 15th among 
     OECD nations in broadband access per 100 inhabitants.
       (11) Although grant programs of the Government must 
     continue to play a central role in financing the 
     transportation, environment, energy, and telecommunications 
     infrastructure needs of the United States, current and 
     foreseeable demands on existing Federal, State, and local 
     funding for infrastructure expansion exceed the resources to 
     support these programs by margins wide enough to prompt 
     serious concerns about the United States' ability to sustain 
     long-term economic development, productivity, and 
     international competitiveness.
       (12) The capital markets, including central banks, pension 
     funds, financial institutions, sovereign wealth funds and 
     insurance companies, have a growing interest in 
     infrastructure investment. The establishment of a United 
     States Government-owned institution that would provide this 
     investment opportunity through high quality bond issues that 
     would be used to finance qualifying infrastructure projects 
     would attract needed capital for United States infrastructure 
     development.

     SEC. 912. DEFINITIONS.

       For purposes of this subtitle, the following definitions 
     shall apply, unless the context requires otherwise:
       (1) Bank.--The term ``Bank'' means the National 
     Infrastructure Development Bank established under section 
     913(a) of this subtitle.
       (2) Board.--The term ``Board'' means the National 
     Infrastructure Development Bank Board.
       (3) Chief asset and liability management officer.--The term 
     ``chief asset and liability management officer'' means the 
     chief individual responsible for coordinating the management 
     of assets and liabilities of the Bank.
       (4) Chief compliance officer.--The term ``chief compliance 
     officer or CCO'' means the chief individual responsible for 
     overseeing and managing the compliance and regulatory affairs 
     issues of the Bank.
       (5) Chief financial officer.--The term ``chief financial 
     officer or CFO'' means the chief individual responsible for 
     managing the financial risks, planning, and reporting of the 
     Bank.
       (6) Chief loan origination officer.--The term ``chief loan 
     origination officer'' means the chief individual responsible 
     for the processing of new loans provided by the Bank.
       (7) Chief operations officer.--The term ``chief operations 
     officer or COO'' means the chief individual responsible for 
     information technology and the day to day operations of the 
     Bank.
       (8) Chief risk officer.--The term ``chief risk officer or 
     CRO'' means the chief individual responsible for managing 
     operational and compliance-related risks of the Bank.
       (9) Chief treasury officer.--The term ``chief treasury 
     officer'' means the chief individual responsible for managing 
     the Bank's treasury operations.
       (10) Development.--The terms ``development'' and 
     ``develop'' mean, with respect to an infrastructure project, 
     any--
       (A) preconstruction planning, feasibility review, 
     permitting, design work, and other preconstruction 
     activities; and
       (B) construction, reconstruction, rehabilitation, 
     replacement, or expansion.
       (11) Disadvantaged community.--The term ``disadvantaged 
     community'' means a community with a median household income 
     of less than 80 percent of the statewide median household 
     income for the State in which the community is located.
       (12) Energy infrastructure project.--The term ``energy 
     infrastructure project'' means any project for energy 
     transmission, energy efficiency enhancement for buildings, 
     public housing, and schools, renewable energy, and energy 
     storage.
       (13) Entity.--The term ``entity'' means an individual, 
     corporation, partnership (including a public-private 
     partnership), joint venture, trust, and a State or other 
     governmental entity, including a political subdivision or any 
     other instrumentality of a State or a revolving fund.
       (14) Environmental infrastructure project.--The term 
     ``environmental infrastructure project'' means any project 
     for the establishment, maintenance, or enhancement of any 
     drinking water and wastewater treatment facility, storm water 
     management system, dam, levee, open space management system, 
     solid waste disposal facility, hazardous waste facility, or 
     industrial site cleanup.
       (15) Executive director.--The term ``executive director'' 
     means the individual serving as the chief executive officer 
     of the Bank.
       (16) General counsel.--The term ``general counsel'' means 
     the individual who serves as the chief lawyer for the Bank.
       (17) Infrastructure project.--The term ``infrastructure 
     project'' means any energy, environmental, 
     telecommunications, or transportation infrastructure project.
       (18) Public benefit bond.--The term ``public benefit bond'' 
     means a bond issued with respect to an infrastructure project 
     in accordance with this subtitle if--
       (A) the net spendable proceeds from the sale of the issue 
     may be used for expenditures incurred after the date of 
     issuance with respect to the project, subject to the rules of 
     the Bank;
       (B) the bond issued by the Bank is in registered form and 
     meets the requirements of this subtitle and otherwise 
     applicable law;
       (C) the term of each bond which is part of the issue is 
     greater than 30 years; and
       (D) the payment of principal with respect to the bond is 
     the obligation of the Bank.
       (19) Public-private partnership.--The term ``public-private 
     partnership'' means any entity--
       (A)(i) which is undertaking the development of all or part 
     of an infrastructure project, which will have a public 
     benefit, pursuant to requirements established in one or more 
     contracts between the entity and a State or an 
     instrumentality of a State; or
       (ii) the activities of which, with respect to such an 
     infrastructure project, are subject to regulation by a State 
     or any instrumentality of a State; and
       (B) which owns, leases, or operates, or will own, lease, or 
     operate, the project in whole or in part, and at least one of 
     the participants in the entity is a nongovernmental entity.
       (20) Revolving fund.--The term ``revolving fund'' means a 
     fund or program established by a State or a political 
     subdivision or other instrumentality of a State, the 
     principal activity of which is to make loans, commitments, or 
     other financial accommodation available for the development 
     of one or more categories of infrastructure projects.
       (21) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the designee of the Secretary.
       (22) Smart grid.--The term ``smart grid'' means a system 
     that provides for any of the smart grid functions set forth 
     in section 1306(d) of the Energy Independence and Security 
     Act of 2007 (42 U.S.C. 17386(d)).
       (23) Smart growth.--The term ``smart growth'' means growth 
     in the center of a city to avoid urban sprawl.
       (24) State.--The term ``State'' includes the District of 
     Columbia, Puerto Rico, Guam, American Samoa, the Virgin 
     Islands, the Commonwealth of Northern Mariana Islands, and 
     any other territory of the United States.
       (25) Telecommunications infrastructure project.--The term 
     ``telecommunications infrastructure project'' means any 
     project involving infrastructure required to provide 
     communications by wire or radio.
       (26) Transportation infrastructure project.--The term 
     ``transportation infrastructure project'' means any project 
     for the construction, maintenance, or enhancement of 
     highways, roads, bridges, transit and intermodal systems, 
     inland waterways, commercial ports, airports, high speed rail 
     and freight rail systems.

     SEC. 913. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE 
                   DEVELOPMENT BANK.

       (a) Establishment of National Infrastructure Development 
     Bank.--The National Infrastructure Development Bank is 
     established as a wholly owned Government corporation subject 
     to chapter 91 of title 31, United States Code (commonly known 
     as the ``Government Corporation Control Act''), except as 
     otherwise provided in this subtitle.
       (b) Responsibility of the Secretary.--The Secretary shall 
     take such action as may be necessary to assist in 
     implementing the establishment of the Bank in accordance with 
     this subtitle.
       (c) Conforming Amendment.--Section 9101(3) of title 31, 
     United States Code, is amended by inserting after 
     subparagraph (N) the following:
       ``(O) the National Infrastructure Development Bank.''.

     SEC. 914. BOARD OF DIRECTORS.

       (a) In General.--The Bank shall have a Board of Directors 
     consisting of 5 members appointed by the President by and 
     with the advice and consent of the Senate.
       (b) Qualifications.--The directors of the Board shall 
     include individuals representing different regions of the 
     United States and--
       (1) 2 of the directors shall have public sector experience; 
     and

[[Page S8898]]

       (2) 3 of the directors shall have private sector 
     experience.
       (c) Chairperson and Vice Chairperson.--As designated at the 
     time of appointment, one of the directors of the Board shall 
     be designated chairperson of the Board by the President and 
     one shall be designated as vice chairperson of the Board by 
     the President.
       (d) Terms.--
       (1) In general.--Except as provided in paragraph (2) and 
     subsection (f), each director shall be appointed for a term 
     of 6 years.
       (2) Initial staggered terms.--Of the initial members of the 
     Board--
       (A) the chairperson and vice chairperson shall be appointed 
     for terms of 6 years;
       (B) 1 shall be appointed for a term of 5 years;
       (C) 1 shall be appointed for a term of 4 years; and
       (D) 1 shall be appointed for a term of 3 years.
       (e) Date of Initial Nominations.--The initial nominations 
     by the President for appointment of directors to the Board 
     shall be made not later than 60 days after the date of 
     enactment of this Act.
       (f) Vacancies.--
       (1) In general.--A vacancy on the Board shall be filled in 
     the manner in which the original appointment was made.
       (2) Appointment to replace during term.--Any director 
     appointed to fill a vacancy occurring before the expiration 
     of the term for which the director's predecessor was 
     appointed shall be appointed only for the remainder of the 
     term.
       (3) Duration.--A director may serve after the expiration of 
     that director's term until a successor has taken office.
       (g) Quorum.--Three directors shall constitute a quorum.
       (h) Reappointment.--A director of the Board appointed by 
     the President may be reappointed by the President in 
     accordance with this section.
       (i) Per Diem Reimbursement.--Directors of the Board shall 
     serve on a part-time basis and shall receive a per diem when 
     engaged in the actual performance of Bank business, plus 
     reasonable reimbursement for travel, subsistence, and other 
     necessary expenses incurred in the performance of their 
     duties.
       (j) Limitations.--A director of the Board may not 
     participate in any review or decision affecting a project 
     under consideration for assistance under this subtitle if the 
     director has or is affiliated with a person who has an 
     interest in such project.
       (k) Powers and Limitations of the Board.--
       (1) Powers.--In order to carry out the purposes of the Bank 
     as set forth in this subtitle, the Board shall be responsible 
     for monitoring and overseeing infrastructure projects and 
     have the following powers:
       (A) To make senior and subordinated loans and purchase 
     senior and subordinated debt securities and enter into a 
     binding commitment to make any such loan or purchase any such 
     security, on such terms as the Board may determine, in the 
     Board's discretion, to be appropriate, the proceeds of which 
     are to be used to finance or refinance the development of one 
     or more infrastructure projects.
       (B) To issue and sell debt securities of the Bank on such 
     terms as the Board shall determine from time to time.
       (C) To issue public benefit bonds and to provide direct 
     subsidies to infrastructure projects from amounts made 
     available from the issuance of such bonds.
       (D) To make loan guarantees.
       (E) To make agreements and contracts with any entity in 
     furtherance of the business of the Bank.
       (F) To borrow on the global capital market and lend to 
     regional, State, and local entities, and commercial banks for 
     the purpose of funding infrastructure projects.
       (G) To purchase, pool, and sell infrastructure-related 
     loans and securities on the global capital market.
       (H) To purchase in the open market any of the Bank's 
     outstanding obligations at any time and at any price.
       (I) To monitor and oversee infrastructure projects 
     financed, in whole or in part, by the Bank.
       (J) To acquire, lease, pledge, exchange, and dispose of 
     real and personal property and otherwise exercise all the 
     usual incidents of ownership of property to the extent the 
     exercise of such powers are appropriate to and consistent 
     with the purposes of the Bank.
       (K) To sue and be sued in the Bank's corporate capacity in 
     any court of competent jurisdiction, except that no 
     attachment, injunction, or similar process, may be issued 
     against the property of the Bank or against the Bank with 
     respect to such property.
       (L) To indemnify the directors and officers of the Bank for 
     liabilities arising out of the actions of the directors and 
     officers in such capacity, in accordance with, and subject to 
     the limitations contained in, this subtitle.
       (M) To serve as the primary liaison between the Bank, 
     Congress, the executive branch, and State and local 
     governments and to represent the Bank's interests.
       (N) To exercise all other lawful powers which are necessary 
     or appropriate to carry out, and are consistent with, the 
     purposes of the Bank.
       (2) Limitations.--
       (A) Issuance of debt security.--The Board may not issue any 
     debt security without the prior consent of the Secretary.
       (B) Issuance of voting security.--The Board may not issue 
     any voting security in the Bank to any entity other than the 
     Secretary.
       (3) Actions consistent with self-supporting entity 
     status.--The Board shall conduct its business in a manner 
     consistent with the requirements of this section.
       (4) Coordination with state and local regulatory 
     authority.--The provision of financial assistance by the 
     Board pursuant to this subtitle shall not be construed as--
       (A) limiting the right of any State or political 
     subdivision or other instrumentality of a State to approve or 
     regulate rates of return on private equity invested in a 
     project; or
       (B) otherwise superseding any State law or regulation 
     applicable to a project.
       (5) Federal personnel requests.--The Board shall have the 
     power to request the detail, on a reimbursable basis, of 
     personnel from other Federal agencies with specific expertise 
     not available from within the Bank or elsewhere. The head of 
     any Federal agency may detail, on a reimbursable basis, any 
     personnel of such agency requested by the Board and shall not 
     withhold unreasonably the detail of any personnel requested 
     by the Board.
       (l) Meetings.--
       (1) Open to the public; notice.--All meetings of the Board 
     held to conduct the business of the Bank shall be open to the 
     public and shall be preceded by reasonable notice.
       (2) Initial meeting.--The Board shall meet not later than 
     90 days after the date on which all directors of the Board 
     are first appointed and otherwise at the call of the 
     Chairperson.
       (3) Exception for closed meetings.--Pursuant to such rules 
     as the Board may establish through their bylaws, the 
     directors may close a meeting of the Board if, at the 
     meeting, there is likely to be disclosed information which 
     could adversely affect or lead to speculation relating to an 
     infrastructure project under consideration for assistance 
     under this subtitle or in financial or securities or 
     commodities markets or institutions, utilities, or real 
     estate. The determination to close any meeting of the Board 
     shall be made in a meeting of the Board, open to the public, 
     and preceded by reasonable notice. The Board shall prepare 
     minutes of any meeting which is closed to the public and make 
     such minutes available as soon as the considerations 
     necessitating closing such meeting no longer apply.

     SEC. 915. EXECUTIVE COMMITTEE.

       (a) In General.--The Board shall have an executive 
     committee consisting of 9 members, headed by the executive 
     director of the Bank.
       (b) Executive Director.--A majority of the Board shall have 
     the authority to appoint and reappoint the executive 
     director.
       (c) CEO.--The executive director shall be the chief 
     executive officer of the Bank, with such executive functions, 
     powers, and duties as may be prescribed by this subtitle, the 
     bylaws of the Bank, or the Board.
       (d) Other Executive Officers.--The Board shall appoint, 
     remove, fix the compensation, and define duties of 8 other 
     executive officers to serve on the Executive Committee as 
     the--
       (1) chief compliance officer;
       (2) chief financial officer;
       (3) chief asset and liability management officer;
       (4) chief loan origination officer;
       (5) chief operations officer;
       (6) chief risk officer;
       (7) chief treasury officer; and
       (8) general counsel.
       (e) Qualifications.--The executive director and other 
     executive officers shall have demonstrated experience and 
     expertise in one or more of the following:
       (1) Transportation infrastructure.
       (2) Environmental infrastructure.
       (3) Energy infrastructure.
       (4) Telecommunications infrastructure.
       (5) Economic development.
       (6) Workforce development.
       (7) Public health.
       (8) Private or public finance.
       (f) Duties.--In order to carry out the purposes of the Bank 
     as set forth in this subtitle, the executive committee 
     shall--
       (1) establish disclosure and application procedures for 
     entities nominating projects for assistance under this 
     subtitle;
       (2) accept, for consideration, project proposals relating 
     to the development of infrastructure projects, which meet the 
     basic criteria established by the Board, and which are 
     submitted by an entity;
       (3) provide recommendations to the Board and place project 
     proposals accepted by the executive committee on a list for 
     consideration for financial assistance from the Board;
       (4) provide technical assistance to entities receiving 
     financing from the Bank and otherwise implement decisions of 
     the Board.
       (g) Vacancy.--A vacancy in the position of executive 
     director shall be filled in the manner in which the original 
     appointment was made.
       (h) Compensation.--The compensation of the executive 
     director and other executive officers of the executive 
     committee shall be determined by the Board.
       (i) Removal.--The executive director and other executive 
     officers may be removed at the discretion of a majority of 
     the Board.
       (j) Term.--The executive director and other executive 
     officers shall serve a 6-year term and may be reappointed in 
     accordance with this section.
       (k) Limitations.--The executive director and other 
     executive officers shall not--
       (1) hold any other public office;

[[Page S8899]]

       (2) have any interest in an infrastructure project 
     considered by the Board;
       (3) have any interest in an investment institution, 
     commercial bank, or other entity seeking financial assistance 
     for any infrastructure project from the Bank; and
       (4) have any such interest during the 2-year period 
     beginning on the date such officer ceases to serve in such 
     capacity.

     SEC. 916. RISK MANAGEMENT COMMITTEE.

       (a) Establishment of Risk Management Committee.--The Bank 
     shall establish a risk management committee consisting of 5 
     members, headed by the chief risk officer.
       (b) Appointments.--A majority of the Board shall have the 
     authority to appoint and reappoint the CRO of the Bank.
       (c) Functions; Duties.--
       (1) In general.--The CRO shall have such functions, powers, 
     and duties as may be prescribed by one or more of the 
     following: this subtitle, the bylaws of the Bank, and the 
     Board. The CRO shall report directly to the Board.
       (2) Risk management duties.--In order to carry out the 
     purposes of this subtitle, the risk management committee 
     shall--
       (A) create financial, credit, and operational risk 
     management guidelines and policies to be adhered to by the 
     Bank;
       (B) set guidelines to ensure diversification of lending 
     activities by both region and infrastructure project type;
       (C) create conforming standards for infrastructure finance 
     securities;
       (D) monitor financial, credit and operational exposure of 
     the Bank; and
       (E) provide financial recommendations to the Board.
       (d) Other Risk Management Officers.--The Board shall 
     appoint, remove, fix the compensation, and define the duties 
     of 4 other risk management officers to serve on the risk 
     management committee.
       (e) Qualifications.--The CRO and other risk management 
     officers shall have demonstrated experience and expertise in 
     one or more of the following:
       (1) Treasury and asset and liability management.
       (2) Investment regulations.
       (3) Insurance.
       (4) Credit risk management and credit evaluations.
       (5) Related disciplines.
       (f) Vacancy.--A vacancy in the position of CRO or any other 
     risk management officer shall be filled in the manner in 
     which the original appointment was made.
       (g) Compensation.--The compensation of the CRO and other 
     risk management officers shall be determined by the Board.
       (h) Removal.--The CRO and any other risk management 
     officers may be removed at the discretion of a majority of 
     the Board.
       (i) Term.--The CRO and other risk management officers shall 
     serve a 6-year term and may be reappointed in accordance with 
     this section.
       (j) Limitations.--The CRO and other risk management 
     officers shall not--
       (1) hold any other public office;
       (2) have any interest in an infrastructure project 
     considered by the Board;
       (3) have any interest in an investment institution, 
     commercial bank, or other entity seeking financial assistance 
     for any infrastructure project from the Bank; and
       (4) have any such interest during the 2-year period 
     beginning on the date such officer ceases to serve in such 
     capacity.

     SEC. 917. AUDIT COMMITTEE.

       (a) In General.--The Bank shall have an audit committee 
     consisting of 5 members, headed by the chief compliance 
     officer of the Bank.
       (b) Appointments.--A majority of the Board shall have the 
     authority to appoint and reappoint the CCO of the Bank.
       (c) Functions; Duties.--The CCO shall have such functions, 
     powers, and duties as may be prescribed by one or more of the 
     following: this subtitle, the bylaws of the Bank, and the 
     Board. The CCO shall report directly to the Board.
       (d) Audit Duties.--In order to carry out the purposes of 
     the Bank under this subtitle, the audit committee shall--
       (1) provide internal controls and internal auditing 
     activities for the Bank;
       (2) maintain responsibility for the accounting activities 
     of the Bank;
       (3) issue financial reports of the Bank; and
       (4) complete reports with outside auditors and public 
     accountants appointed by the Board.
       (e) Other Audit Officers.--The Board shall appoint, remove, 
     fix the compensation, and define the duties of 4 other audit 
     officers to serve on the audit committee.
       (f) Qualifications.--The CCO and other audit officers shall 
     have demonstrated experience and expertise in one or more of 
     the following:
       (1) Internal auditing.
       (2) Internal investigations.
       (3) Accounting practices.
       (4) Financing practices.
       (g) Vacancy.--A vacancy in the position of CCO or any other 
     audit officer shall be filled in the manner in which the 
     original appointment was made.
       (h) Compensation.--The compensation of the CCO and other 
     audit officers shall be determined by the Board.
       (i) Removal.--The CCO and other audit officers may be 
     removed at the discretion of a majority of the Board.
       (j) Term.--The CCO and other audit officers shall serve a 
     6-year term and may be reappointed in accordance with this 
     section.
       (k) Limitations.--The CCO and other audit officers shall 
     not--
       (1) hold any other public office;
       (2) have any interest in an infrastructure project 
     considered by the Board;
       (3) have any interest in an investment institution, 
     commercial bank, or other entity seeking financial assistance 
     for any infrastructure project from the Bank; and
       (4) have any such interest during the 2-year period 
     beginning on the date such officer ceases to serve in such 
     capacity.

     SEC. 918. PERSONNEL.

       The chairperson of the Board, executive director, chief 
     risk officer, and chief compliance officer shall appoint, 
     remove, fix the compensation of, and define the duties of 
     such qualified personnel to serve under the Board, executive 
     committee, risk management committee, or audit committee, as 
     the case may be, as necessary and prescribed by one or more 
     of the following: this subtitle, the bylaws of the Bank, and 
     the Board.

     SEC. 919. ELIGIBILITY CRITERIA FOR ASSISTANCE FROM BANK.

       (a) In General.--No financial assistance shall be available 
     under this subtitle from the Bank unless the applicant for 
     such assistance has demonstrated to the satisfaction of the 
     Board that the project for which such assistance is being 
     sought meets--
       (1) the requirements of this subtitle; and
       (2) any criteria established in accordance with this 
     subtitle by the Board.
       (b) Establishment of Project Criteria.--
       (1) In general.--Consistent with the requirements of 
     subsections (c) and (d), the Board shall establish--
       (A) criteria for determining eligibility for financial 
     assistance under this subtitle;
       (B) disclosure and application procedures to be followed by 
     entities to nominate projects for assistance under this 
     subtitle; and
       (C) such other criteria as the Board may consider to be 
     appropriate for purposes of carrying out this subtitle.
       (2) Factors to be taken into account.--
       (A) In general.--The Bank shall conduct an analysis that 
     takes into account the economic, environmental, social 
     benefits, and costs of each project under consideration for 
     financial assistance under this subtitle, prioritizing 
     projects that contribute to economic growth, lead to job 
     creation, and are of regional or national significance.
       (B) Criteria.--The criteria established pursuant to 
     paragraph (1)(A) shall provide for the consideration of the 
     following factors in considering eligibility for financial 
     assistance under this subtitle:
       (i) The means by which development of the infrastructure 
     project under consideration is being financed, including--

       (I) the terms and conditions and financial structure of the 
     proposed financing; and
       (II) the financial assumptions and projections on which the 
     project is based.

       (ii) The likelihood that the provision of assistance by the 
     Bank will cause such development to proceed more promptly and 
     with lower costs for financing than would be the case without 
     such assistance.
       (iii) The extent to which the provision of assistance by 
     the Bank maximizes the level of private investment in the 
     infrastructure project while providing a public benefit.
       (c) Factors for Specific Types of Projects.--
       (1) Transportation infrastructure projects.--For any 
     transportation infrastructure project, the Board shall 
     consider the following:
       (A) Job creation, including workforce development for women 
     and minorities, responsible employment practices, and quality 
     job training opportunities.
       (B) Reduction in carbon emissions.
       (C) Reduction in surface and air traffic congestion.
       (D) Smart growth in urban areas.
       (E) Poverty and inequality reduction through targeted 
     training and employment opportunities for low-income workers.
       (F) Use of smart tolling, such as vehicle miles traveled 
     and congestion pricing, for highway, road, and bridge 
     projects.
       (G) Public health benefits.
       (2) Environmental infrastructure project.--For any 
     environmental infrastructure project, the Board shall 
     consider the following:
       (A) Public health benefits.
       (B) Pollution reductions.
       (C) Job creation, including workforce development for women 
     and minorities, responsible employment practices, and quality 
     job training opportunities.
       (D) Poverty and inequality reduction through targeted 
     training and employment opportunities for low-income workers.
       (3) Energy infrastructure project.--For any energy 
     infrastructure project, the Board shall consider the 
     following:
       (A) Job creation, including workforce development for women 
     and minorities, responsible employment practices, and quality 
     job training opportunities.
       (B) Poverty and inequality reduction through targeted 
     training and employment opportunities for low-income workers.
       (C) Reduction in carbon emissions.
       (D) Smart growth in urban areas.
       (E) Expanded use of renewable energy, including 
     hydroelectric, solar, and wind.
       (F) Development of a smart grid.
       (G) Energy efficient building, housing, and school 
     modernization.
       (H) In any case in which the project is also a public 
     housing project--
       (i) improvement of the physical shape and layout;
       (ii) environmental improvement; and
       (iii) mobility improvements for residents.
       (I) Public health benefits.

[[Page S8900]]

       (4) Telecommunications.--For any telecommunications 
     project, the Board shall consider the following:
       (A) The extent to which assistance expands or improves 
     broadband and wireless services in rural and disadvantaged 
     communities.
       (B) Poverty and inequality reduction through targeted 
     training and employment opportunities for low-income workers.
       (C) Job creation, including work force development for 
     women and minorities, responsible employment practices, and 
     quality job training opportunities.
       (d) Consideration of Project Proposals.--
       (1) Participation by other agency personnel.--Consideration 
     of projects by the executive committee and the Board shall be 
     conducted with personnel on detail to the Bank from relevant 
     Federal agencies from among individuals who are familiar with 
     and experienced in the selection criteria for competitive 
     projects.
       (2) Fees.--A fee may be charged for the review of any 
     project proposal in such amount as maybe considered 
     appropriate by the executive committee to cover the cost of 
     such review.
       (e) Discretion of Board.--Consistent with other provisions 
     of this subtitle, any determination of the Board to provide 
     assistance to any project, and the manner in which such 
     assistance is provided, including the terms, conditions, 
     fees, and charges shall be at the sole discretion of the 
     Board.
       (f) State and Local Permits Required.--The provision of 
     assistance by the Board in accordance with this subtitle 
     shall not be deemed to relieve any recipient of assistance or 
     the related project of any obligation to obtain required 
     State and local permits and approvals.
       (g) Annual Report.--An entity receiving assistance from the 
     Board shall make annual reports to the Board on the use of 
     any such assistance, compliance with the criteria set forth 
     in this section, and a disclosure of all entities with a 
     development, ownership, or operational interest in a project 
     assisted or proposed to be assisted under this subtitle.

     SEC. 920. EXEMPTION FROM LOCAL TAXATION.

       All notes, debentures, bonds or other such obligations 
     issued by the Bank, and the interest on or credits with 
     respect to such bonds or other obligations, shall not be 
     subject to taxation by any State, county, municipality, or 
     local taxing authority.

     SEC. 921. STATUS AND APPLICABILITY OF CERTAIN FEDERAL LAWS; 
                   FULL FAITH AND CREDIT.

       (a) Budgeting and Auditors Practices.--The Bank shall 
     comply with all Federal laws regulating the budgetary and 
     auditing practices of a government corporation, except as 
     otherwise provided in this subtitle.
       (b) Full Faith and Credit.--Any bond or other obligation 
     issued by the Bank under this subtitle shall be an obligation 
     supported by the full faith and credit of the United States.
       (c) Effect of and Exemptions From Other Laws.--
       (1) Exempt securities.--All debt securities and other 
     obligations issued by the Bank pursuant to this subtitle 
     shall be deemed to be exempt securities within the meaning of 
     laws administered by the Securities and Exchange Commission 
     to the same extent as securities which are direct obligations 
     of, or obligations fully guaranteed as to principal or 
     interest by, the United States.
       (2) Open market operations and state tax exempt status.--
     The obligations of the Bank shall be deemed to be obligations 
     of the United States for the purposes of the provision 
     designated as (b)(2) of the 2nd undesignated paragraph of 
     section 14 of the Federal Reserve Act (12 U.S.C. 355) and 
     section 3124 of title 31, United States Code.
       (3) No priority as a federal claim.--The priority 
     established in favor of the United States by section 3713 of 
     title 31, United States Code, shall not apply with respect to 
     any indebtedness of the Bank.
       (d) Federal Reserve Banks as Depositories, Custodians, and 
     Fiscal Agents.--The Federal reserve banks may act as 
     depositories for, or custodians or fiscal agents of, the 
     Bank.
       (e) Access to Book-entry System.--The Secretary may 
     authorize the Bank to use the book-entry system of the 
     Federal reserve system.

     SEC. 922. COMPLIANCE WITH DAVIS-BACON ACT.

       All laborers and mechanics employed by contractors and 
     subcontractors on projects funded directly by or assisted in 
     whole or in part by and through the Bank pursuant to this 
     subtitle shall be paid wages at rates not less than those 
     prevailing on projects of a character similar in the locality 
     as determined by the Secretary of Labor in accordance with 
     subchapter IV of chapter 31 of part A of title 40, United 
     States Code. With respect to the labor standards specified in 
     this section, the Secretary of Labor shall have the authority 
     and functions set forth in Reorganization Plan Numbered 14 of 
     1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 
     40, United States Code.

     SEC. 923. APPLICABILITY OF CERTAIN STATE LAWS.

       The receipt by any entity of any assistance under this 
     subtitle, directly or indirectly, and any financial 
     assistance provided by any governmental entity in connection 
     with such assistance under this subtitle shall be valid and 
     lawful notwithstanding any State or local restrictions 
     regarding extensions of credit or other benefits to private 
     persons or entities, or other similar restrictions.

     SEC. 924. AUDITS; REPORTS TO PRESIDENT AND CONGRESS.

       (a) Accounting.--The books of account of the Bank shall be 
     maintained in accordance with generally accepted accounting 
     principles and shall be subject to an annual audit by 
     independent public accountants appointed by the Board and of 
     nationally recognized standing.
       (b) Reports.--
       (1) Board.--The Board shall submit to the President and 
     Congress, within 90 days after the last day of each fiscal 
     year, a complete and detailed report with respect to the 
     preceding fiscal year, setting forth--
       (A) a summary of the Bank's operations, for such preceding 
     fiscal year;
       (B) a schedule of the Bank's obligations and capital 
     securities outstanding at the end of such preceding fiscal 
     year, with a statement of the amounts issued and redeemed or 
     paid during such preceding fiscal year; and
       (C) the status of projects receiving funding or other 
     assistance pursuant to this subtitle, including disclosure of 
     all entities with a development, ownership, or operational 
     interest in such projects.
       (2) GAO.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report evaluating 
     activities of the Bank for the fiscal years covered by the 
     report that includes an assessment of the impact and benefits 
     of each funded project, including a review of how effectively 
     each project accomplished the goals prioritized by the Bank's 
     project criteria.
       (c) Books and Records.--
       (1) In general.--The Bank shall maintain adequate books and 
     records to support the financial transactions of the Bank 
     with a description of financial transactions and 
     infrastructure projects receiving funding, and the amount of 
     funding for each project maintained on a publically 
     accessible database.
       (2) Audits by the secretary and gao.--The books and records 
     of the Bank shall be maintained in accordance with 
     recommended accounting practices and shall be open to 
     inspection by the Secretary and the Comptroller General of 
     the United States.

     SEC. 925. CAPITALIZATION OF BANK.

       (a) Authorization of Appropriation.--Subject to subsection 
     (b), there is authorized to be appropriated to the Secretary 
     for purchase of the shares of the Bank $15,000,000,000 for 
     each of fiscal years 2011 and 2012, with the aggregate 
     representing 10 percent of the total subscribed capital of 
     the Bank.
       (b) Reservation for Rural Areas.--For each fiscal year, not 
     less than 20 percent of any amounts appropriated to carry out 
     this subtitle shall be used to finance projects in rural 
     areas.
       (c) Callable Capital.--Of the total subscribed capital of 
     the Bank, 90 percent shall be callable capital subject to 
     call from the Secretary only as and when required by the Bank 
     to meet its obligations on borrowing of funds for inclusion 
     in its ordinary capital resources or guarantees chargeable to 
     such resources.
       (d) Outstanding Loans.--At any time, the aggregate amount 
     outstanding of bonds issued by the Bank shall not exceed 250 
     percent of its total subscribed capital.

     SEC. 926. SUNSET.

       The Bank shall cease to exist 15 years after the date of 
     enactment of this Act.

                 Subtitle C--Energy and Water Programs

     SEC. 931. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT 
                   PROGRAM.

       In addition to the amounts made available under section 
     548(a)(1) of the Energy Independence and Security Act of 2007 
     (42 U.S.C. 17158(a)(1)), there is authorized to be 
     appropriated to carry out the Energy Efficiency and 
     Conservation Block Grant Program established under 542(a) of 
     that Act (42 U.S.C. 17152(a)) $3,000,000,000 for each of 
     fiscal years 2011 and 2012, to remain available until 
     expended.

     SEC. 932. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.

       (a) Authorization of Appropriations.--Subject to 
     subsections (b) through (j), there is authorized to be 
     appropriated to carry out title VI of the Federal Water 
     Pollution Control Act (33 U.S.C. 1381 et seq.) $2,500,000,000 
     for each of fiscal years 2011 and 2012, to remain available 
     until expended.
       (b) Management and Oversight.--Of the amounts made 
     available under subsection (a), the Administrator of the 
     Environmental Protection Agency (referred to in this subtitle 
     as the ``Administrator'') may reserve not more than 1 percent 
     for management and oversight purposes.
       (c) Non-Federal Share.--A capitalization grant provided 
     using the funds made available under subsection (a) shall not 
     be subject to the non-Federal share requirements of section 
     202 of the Federal Water Pollution Control Act (33 U.S.C. 
     1282) or paragraph (2) or (3) of section 602(b) of that Act 
     (33 U.S.C. 1382(b)).
       (d) Reallocation.--The Administrator shall reallocate the 
     funds made available under subsection (a) for eligible 
     projects that are not under contract or construction during 
     the 1-year period beginning on the date of enactment of this 
     Act.
       (e) Priority.--Notwithstanding the priority rankings a 
     project would otherwise receive under the program under title 
     VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
     et seq.), priority for the funds made available under 
     subsection (a) shall be given to projects that--

[[Page S8901]]

       (1) are included on a State priority list; and
       (2) are ready to proceed to construction during the 1-year 
     period beginning on the date of enactment of this Act.
       (f) Forms of Assistance.--Notwithstanding section 603(d) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1383(d)), 
     of the amount of a capitalization grant provided using the 
     funds made available under subsection (a), a State shall use 
     not less than 50 percent to provide additional subsidization 
     to eligible recipients in the form of--
       (1) forgiveness of principal;
       (2) negative interest loans;
       (3) grants; or
       (4) any combination of those forms.
       (g) Green Energy.--To the extent that sufficient eligible 
     project applications exist, not less than 20 percent of the 
     funds made available under subsection (a) shall be used for 
     projects to address--
       (1) green infrastructure;
       (2) water or energy efficiency improvements; or
       (3) other environmentally innovative activities.
       (h) Indian Tribes.--
       (1) In general.--Notwithstanding the limitation specified 
     in subsection (c) of section 518 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1377), the Administrator may 
     reserve not more than 1.5 percent of the funds made available 
     under subsection (a) for grants to Indian tribes under that 
     section.
       (2) Indian health service.--Of the amount reserved under 
     paragraph (1), the Administrator may transfer to the Indian 
     Health Service not more than 4 percent to support management 
     and oversight of tribal projects.
       (i) Prohibition.--No funds made available under subsection 
     (a) shall be available for the purchase of any land or 
     easement pursuant to section 603(c) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1383(c)).
       (j) Debt Obligations.--Notwithstanding section 603(d)(2) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1383(d)(2)), the funds made available under subsection (a) 
     may be used to purchase, refinance, or restructure the debt 
     obligation of an eligible recipient only in a case in which 
     the debt obligation was incurred on or after October 1, 2008.

     SEC. 933. STATE DRINKING WATER REVOLVING LOAN FUNDS.

       (a) Authorization of Appropriations.--Subject to 
     subsections (b) through (j), there is authorized to be 
     appropriated to carry out section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12) $2,500,000,000 for each of 
     fiscal years 2011 and 2012, to remain available until 
     expended.
       (b) Management and Oversight.--Of the amounts made 
     available under subsection (a), the Administrator of the 
     Environmental Protection Agency (referred to in this subtitle 
     as the ``Administrator'') may reserve not more than 1 percent 
     for management and oversight purposes.
       (c) Non-Federal Share.--A capitalization grant provided 
     using the funds made available under subsection (a) shall not 
     be subject to the non-Federal share requirements of section 
     1452(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
     12(e)).
       (d) Reallocation.--The Administrator shall reallocate the 
     funds made available under subsection (a) for eligible 
     projects that are not under contract or construction during 
     the 1-year period beginning on the date of enactment of this 
     Act.
       (e) Priority.--Notwithstanding the priority rankings a 
     project would otherwise receive under the program under 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12), priority for the funds made available under subsection 
     (a) shall be given to projects that--
       (1) are included on a State priority list; and
       (2) are ready to proceed to construction during the 1-year 
     period beginning on the date of enactment of this Act.
       (f) Forms of Assistance.--Notwithstanding section 1452(f) 
     of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)), of the 
     amount of a capitalization grant provided using the funds 
     made available under subsection (a), a State shall use not 
     less than 50 percent to provide additional subsidization to 
     eligible recipients in the form of--
       (1) forgiveness of principal;
       (2) negative interest loans;
       (3) grants; or
       (4) any combination of those forms.
       (g) Green Energy.--To the extent that sufficient eligible 
     project applications exist, not less than 20 percent of the 
     funds made available under subsection (a) shall be used for 
     projects to address--
       (1) green infrastructure;
       (2) water or energy efficiency improvements; or
       (3) other environmentally innovative activities.
       (h) Indian Health Service.--Of the amounts made available 
     under subsection (a) that are reserved under for allocation 
     to Indian tribes and Alaska Native villages under section 
     1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-
     12(i)), the Administrator may transfer to the Indian Health 
     Service not more than 4 percent to support management and 
     oversight of tribal projects.
       (i) Prohibition.--No funds made available under subsection 
     (a) shall be available for any activity authorized under 
     section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(k)).
       (j) Debt Obligations.--Notwithstanding section 1452(f)(2) 
     of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)(2)), the 
     funds made available under subsection (a) may be used to 
     purchase, refinance, or restructure the debt obligation of an 
     eligible recipient only in a case in which the debt 
     obligation was incurred on or after October 1, 2008.

     SEC. 934. STATE ENERGY CONSERVATION PLANS.

       There is authorized to be appropriated to the Secretary of 
     Energy to provide grants for State renewable energy and 
     efficiency projects under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.) 
     $2,000,000,000 for each of fiscal years 2011 and 2012, to 
     remain available until expended.

     SEC. 935. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE 
                   ENERGY AND ELECTRIC POWER TRANSMISSION 
                   PROJECTS.

       There is authorized to be appropriated to the Secretary of 
     Energy to make loan guarantees under section 1705 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16516) for renewable 
     energy, biofuel, and electric grid projects $1,000,000,000 
     for each of fiscal years 2011 and 2012.

     SEC. 936. EXTENSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C of the Internal Revenue Code 
     of 1986 is amended--
       (1) by striking ``shall not exceed $2,300,000,000.'' in 
     subsection (d)(1)(B) and inserting ``shall not exceed--
       ``(i) $2,300,000,000 in the case of taxable years beginning 
     during the 2-year period beginning on the date the Secretary 
     establishes the program under this paragraph,
       ``(ii) $1,000,000,000 in the case of taxable years 
     beginning during the 1-year period immediately following such 
     2-year period, and
       ``(iii) $1,000,000,000 in the case of taxable years 
     beginning during the 1-year period immediately following the 
     1-year period described in clause (ii).'', and
       (2) by striking ``2-year period'' in subsection (d)(2)(A) 
     and inserting ``4-year period''.
       (b) Effective Date.--The amendments made by this section 
     shall apply as if included in the amendments made by section 
     1302 of the American Recovery and Reinvestment Tax Act of 
     2009.

     SEC. 937. LAND AND WATER CONSERVATION FUND.

       (a) Purposes.--The purposes of the amendments made by 
     subsection (b) are--
       (1) to provide consistent and reliable authority for, and 
     for the funding of, the land and water conservation fund 
     established under section 2 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-5); and
       (2) to maximize the effectiveness of the fund for future 
     generations.
       (b) Amendments.--
       (1) Permanent authorization.--Section 2 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is 
     amended--
       (A) in the matter preceding subsection (a), by striking 
     ``During the period ending September 30, 2015, there'' and 
     inserting ``There''; and
       (B) in subsection (c)(1), by striking ``through September 
     30, 2015''.
       (2) Full funding.--Section 3 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended 
     to read as follows:

     ``SEC. 3. AVAILABILITY OF FUNDS.

       ``Monies covered into the fund under section 2 shall be 
     available for expenditure to carry out the purposes of this 
     Act, without further appropriation.''.

     SEC. 938. FLOOD CONTROL PROJECTS.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Army, acting 
     through the Chief of Engineers, for the purposes described in 
     subsection (b), $1,000,000,000 for each of fiscal years 2011 
     and 2012.
       (b) Use of Amounts.--
       (1) In general.--Subject to paragraph (2), amounts 
     appropriated under subsection (a) shall be used to carry out 
     Corps of Engineer projects relating to navigable channels, 
     including projects that--
       (A) reduce flood and storm damage;
       (B) restore aquatic ecosystems; or
       (C) relate to municipal water or wastewater.
       (2) Allocation of amounts.--For each project funded under 
     this section--
       (A) 50 percent of the amount allocated to carry out the 
     project shall be used for construction; and
       (B) 50 percent of the amount allocated to carry out the 
     project shall be used for operations and maintenance.

                      Subtitle D--Housing Programs

     SEC. 941. NATIONAL HOUSING TRUST FUND.

       There is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for the Housing Trust Fund 
     established pursuant to section 1338 of the Federal Housing 
     Enterprises Financial Safety and Soundness Act of 1992 (12 
     U.S.C. 4568), $1,500,000,000 to the Secretary of Housing and 
     Urban Development to provide grants to States to build, 
     preserve, and rehabilitate rental homes that are affordable 
     for very low-income families: Provided, That notwithstanding 
     the limitations set forth in subsection (c) of such section 
     1338, each State shall be entitled to receive a minimum 
     allocation of amounts made available under this heading equal 
     to the greater of $3,000,000 or 0.5 percent of the total 
     amount of funds made available in that fiscal year.

     SEC. 942. GREEN RETROFIT PROGRAM.

       There is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for

[[Page S8902]]

     energy retrofit and green investments under the grant program 
     established under the subheading ``Assisted Housing Stability 
     And Energy And Green Retrofit Investments'' under the heading 
     ``Housing Programs'' under title XII of division A of the 
     American Recovery and Reinvestment Act of 2009, $500,000,000: 
     Provided, That in addition to the assisted housing deemed 
     eligible to receive grants under such heading, that such 
     grant amounts may be made available to housing that is 
     receiving or has received assistance pursuant to the HOME 
     Investment Partnerships program under title II of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12721 et seq.), the community development block grant program 
     under title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301 et seq.), or the low-income housing tax 
     credit allocated pursuant to section 42 of the Internal 
     Revenue Code of 1986: Provided further, That grant amounts 
     made available under this heading shall be awarded on a 
     competitive basis nationwide: Provided further, That grant 
     amounts made available under this heading shall be available 
     for housing of not less than 20 units: Provided further, That 
     in allocating grants under this heading, the Secretary of 
     Housing and Urban Development shall (1) ensure that such 
     grants are made in a manner that balances the needs of rural 
     and urban communities, and (2) ensure an equitable geographic 
     distribution of funds.

                     TITLE X--BUDGETARY PROVISIONS

     SEC. 1001. 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, 
     jointly submitted for printing in the Congressional Record by 
     the Chairmen of the House and Senate Budget Committees, 
     provided that such statement has been submitted prior to the 
     vote on passage in the House acting first on this conference 
     report or amendment between the Houses.

     SEC. 1002. EMERGENCY DESIGNATIONS.

       (a) Statutory Paygo.--This Act 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)) except to the extent that the budgetary 
     effects of this Act are determined to be subject to the 
     current policy adjustments under sections 4(c) and 7 of the 
     Statutory Pay-As-You-Go Act.
       (b) Senate.--In the Senate, this Act is designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
       (c) House of Representatives.--In the House of 
     Representatives, every provision of this Act is expressly 
     designated as an emergency for purposes of pay-as-you-go 
     principles except to the extent that any such provision is 
     subject to the current policy adjustments under section 4(c) 
     of the Statutory Pay-As-You-Go Act of 2010.
                                 ______
                                 
  SA 4794. Mr. MERKLEY (for himself, Mr. Franken, Mr. Levin, Mr. Udall 
of Colorado, Mr. Akaka, and Mr. Begich) submitted an amendment intended 
to be proposed to amendment SA 4753 proposed by Mr. Reid (for himself 
and Mr. McConnell) to the bill H.R. 4853, to amend the Internal Revenue 
Code of 1986 to extend the funding and expenditure authority of the 
Airport and Airway Trust Fund to amend title 49, United States Code, to 
extend authorizations for the airport improvement program, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 101 and insert the following:

     SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

       (a) Temporary Extension.--
       (1) In general.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2010'' both places it appears and inserting 
     ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.
       (b) Exception for Income Tax Rates of Taxpayers With Income 
     of $1,000,000 or More During 2011 and 2012.--Subsection (i) 
     of section 1 is amended by redesignating paragraph (3) as 
     paragraph (4) and by inserting after paragraph (2) the 
     following new paragraph:
       ``(3) 35-percent rate bracket.--
       ``(A) In general.--In the case of taxable years beginning 
     after December 31, 2010, and before January 1, 2013--
       ``(i) the rate of tax under subsections (a), (b), (c), and 
     (d) on a taxpayer's taxable income in the fifth rate bracket 
     shall be 35 percent to the extent such income does not exceed 
     an amount equal to the excess of--

       ``(I) the applicable amount, over
       ``(II) the dollar amount at which such bracket begins, and

       ``(ii) the 39.6 percent rate of tax under such subsections 
     shall apply only to the taxpayer's taxable income in such 
     bracket in excess of the amount to which clause (i) applies.
       ``(B) Applicable amount.--For purposes of this paragraph, 
     the term `applicable amount' means the excess of--
       ``(i) the applicable threshold, over
       ``(ii) the sum of the following amounts in effect for the 
     taxable year:

       ``(I) the basic standard deduction (within the meaning of 
     section 63(c)(2)), and
       ``(II) the exemption amount (within the meaning of section 
     151(d)(1) (or, in the case of subsection (a), 2 such 
     exemption amounts).

       ``(C) Applicable threshold.--For purposes of this 
     paragraph, the term `applicable threshold' means--
       ``(i) $1,000,000 in the case of subsections (a), (b), and 
     (c), and
       ``(ii) \1/2\ the amount applicable under clause (i) (after 
     adjustment, if any, under subparagraph (E)) in the case of 
     subsection (d).
       ``(D) Fifth rate bracket.--For purposes of this paragraph, 
     the term `fifth rate bracket' means the bracket which would 
     (determined without regard to this paragraph) be the 36-
     percent rate bracket.
       ``(E) Inflation adjustment.--For purposes of this 
     paragraph, a rule similar to the rule of paragraph (1)(C) 
     shall apply with respect to taxable years beginning in 
     calendar years after 2011, applied by substituting `2009' for 
     `1992' in subsection (f)(3)(B).''.
       (c) Transfers of Funds.--There are hereby 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 increase in revenues to the Treasury by reason of the 
     application of subsection (b). The Secretary of the Treasury 
     shall transfer such funds from the general fund at such times 
     and in such manner as the Secretary determines appropriate 
     and shall transfer amounts to each such trust fund in the 
     same proportion as taxes under chapter 21 of the Internal 
     Revenue Code of 1986 are transferred to such fund.
       (d) Effective Date.--Except as otherwise provided, the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2010.
                                 ______
                                 
  SA 4795. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

                    TITLE I--MIDDLE CLASS TAX RELIEF

Sec. 101. Repeal of sunset on certain individual income tax rate 
              relief.
Sec. 102. Reduced rates on capital gains and dividends made permanent.
Sec. 103. Temporary extension of other 2001 tax relief.
Sec. 104. Temporary extension of 2009 tax relief.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

Sec. 201. Temporary extension of increased alternative minimum tax 
              exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for 
              nonrefundable personal credits.

                      TITLE III--ESTATE TAX RELIEF

Sec. 301. Repeal of EGTRRA sunset.
Sec. 302. Reinstatement of estate tax; repeal of carryover basis.
Sec. 303. Modifications to estate, gift, and generation-skipping 
              transfer taxes.
Sec. 304. Applicable exclusion amount increased by unused exclusion 
              amount of deceased spouse.
Sec. 305. Exclusion from gross estate of certain farmland so long as 
              farmland use by family continues.
Sec. 306. Increase in limitations on the amount excluded from the gross 
              estate with respect to land subject to a qualified 
              conservation easement.
Sec. 307. Modification of rules for value of certain farm, etc., real 
              property.
Sec. 308. Required minimum 10-year term, etc., for grantor retained 
              annuity trusts.
Sec. 309. Consistent basis reporting between estate and person 
              acquiring property from decedent.

[[Page S8903]]

         TITLE IV--REPEAL OF INFORMATION REPORTING REQUIREMENTS

Sec. 401. Repeal of expansion of information reporting requirements.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

Sec. 501. Temporary extension of unemployment insurance provisions.
Sec. 502. Temporary modification of indicators under the extended 
              benefit program.
Sec. 503. Technical amendment relating to collection of unemployment 
              compensation debts.
Sec. 504. Technical correction relating to repeal of continued dumping 
              and subsidy offset.
Sec. 505. Additional extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.

                       TITLE VI--MAKING WORK PAY

Sec. 601. Making work pay credit.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

Sec. 701. Incentives for biodiesel and renewable diesel.
Sec. 702. Credit for refined coal facilities.
Sec. 703. New energy efficient home credit.
Sec. 704. Excise tax credits and outlay payments for alternative fuel 
              and alternative fuel mixtures.
Sec. 705. Special rule for sales or dispositions to implement FERC or 
              State electric restructuring policy for qualified 
              electric utilities.
Sec. 706. Suspension of limitation on percentage depletion for oil and 
              gas from marginal wells.
Sec. 707. Extension of grants for specified energy property in lieu of 
              tax credits.
Sec. 708. Extension of provisions related to alcohol used as fuel.
Sec. 709. Energy efficient appliance credit.
Sec. 710. Credit for nonbusiness energy property.
Sec. 711. Alternative fuel vehicle refueling property.
Sec. 712. Extension of the advanced energy project credit.

                   Subtitle B--Individual Tax Relief

Sec. 721. Deduction for certain expenses of elementary and secondary 
              school teachers.
Sec. 722. Deduction of State and local sales taxes.
Sec. 723. Contributions of capital gain real property made for 
              conservation purposes.
Sec. 724. Above-the-line deduction for qualified tuition and related 
              expenses.
Sec. 725. Tax-free distributions from individual retirement plans for 
              charitable purposes.
Sec. 726. Look-thru of certain regulated investment company stock in 
              determining gross estate of nonresidents.
Sec. 727. Parity for exclusion from income for employer-provided mass 
              transit and parking benefits.
Sec. 728. Refunds disregarded in the administration of Federal programs 
              and federally assisted programs.

                    Subtitle C--Business Tax Relief

Sec. 731. Research credit.
Sec. 732. Indian employment tax credit.
Sec. 733. New markets tax credit.
Sec. 734. Railroad track maintenance credit.
Sec. 735. Mine rescue team training credit.
Sec. 736. Employer wage credit for employees who are active duty 
              members of the uniformed services.
Sec. 737. 15-year straight-line cost recovery for qualified leasehold 
              improvements, qualified restaurant buildings and 
              improvements, and qualified retail improvements.
Sec. 738. 7-year recovery period for motorsports entertainment 
              complexes.
Sec. 739. Accelerated depreciation for business property on an Indian 
              reservation.
Sec. 740. Enhanced charitable deduction for contributions of food 
              inventory.
Sec. 741. Enhanced charitable deduction for contributions of book 
              inventories to public schools.
Sec. 742. Enhanced charitable deduction for corporate contributions of 
              computer inventory for educational purposes.
Sec. 743. Election to expense mine safety equipment.
Sec. 744. Special expensing rules for certain film and television 
              productions.
Sec. 745. Expensing of environmental remediation costs.
Sec. 746. Deduction allowable with respect to income attributable to 
              domestic production activities in Puerto Rico.
Sec. 747. Modification of tax treatment of certain payments to 
              controlling exempt organizations.
Sec. 748. Treatment of certain dividends of regulated investment 
              companies.
Sec. 749. RIC qualified investment entity treatment under FIRPTA.
Sec. 750. Exceptions for active financing income.
Sec. 751. Look-thru treatment of payments between related controlled 
              foreign corporations under foreign personal holding 
              company rules.
Sec. 752. Basis adjustment to stock of S corps making charitable 
              contributions of property.
Sec. 753. Empowerment zone tax incentives.
Sec. 754. Tax incentives for investment in the District of Columbia.
Sec. 755. Temporary increase in limit on cover over of rum excise taxes 
              to Puerto Rico and the Virgin Islands.
Sec. 756. American Samoa economic development credit.
Sec. 757. Work opportunity credit.
Sec. 758. Qualified zone academy bonds.
Sec. 759. Mortgage insurance premiums.
Sec. 760. Temporary exclusion of 100 percent of gain on certain small 
              business stock.

            Subtitle D--Temporary Disaster Relief Provisions

                     PART I--New York Liberty Zone

Sec. 761. Tax-exempt bond financing.

                            PART II--GO Zone

Sec. 762. Increase in rehabilitation credit.
Sec. 763. Low-income housing credit rules for buildings in GO zones.
Sec. 764. Tax-exempt bond financing.
Sec. 765. Bonus depreciation deduction applicable to the GO Zone.

          Subtitle E--Extension of Health Coverage Improvement

Sec. 771. Improvement of the affordability of the credit.
Sec. 772. Payment for the monthly premiums paid prior to commencement 
              of the advance payments of credit.
Sec. 773. TAA recipients not enrolled in training programs eligible for 
              credit.
Sec. 774. TAA pre-certification period rule for purposes of determining 
              whether there is a 63-day lapse in creditable coverage.
Sec. 775. Continued qualification of family members after certain 
              events.
Sec. 776. Extension of COBRA benefits for certain TAA-eligible 
              individuals and PBGC recipients.
Sec. 777. Addition of coverage through voluntary employees' beneficiary 
              associations.
Sec. 778. Notice requirements.

                     Subtitle F--Bonus Depreciation

Sec. 781. Extension of bonus depreciation; temporary 100 percent 
              expensing for certain business assets.

                 TITLE VIII--INFRASTRUCTURE INVESTMENT

Sec. 801. Extension of Build America Bonds.
Sec. 802. Extension and additional allocations of recovery zone bond 
              authority.

                 TITLE IX--NATIONAL INFRASTRUCTURE BANK

Sec. 901. Definitions.
Sec. 902. Appropriations.

                Subtitle A--National Infrastructure Bank

Sec. 911. Establishment of Bank.
Sec. 912. Management of Bank.
Sec. 913. Staff and personnel matters.

               Subtitle B--Powers and Duties of the Bank

Sec. 921. Powers of the Bank Board.
Sec. 922. Qualified infrastructure project ratings.
Sec. 923. Development of financing package.
Sec. 924. Coupon notes for holders of Infrastructure bonds.
Sec. 925. Exemption from local taxation.

                    Subtitle C--Studies and Reports

Sec. 931. Report; database.
Sec. 932. Study and report on infrastructure financing mechanisms.
Sec. 933. GAO report.

                  TITLE X--EXTENSION OF TRADE PROGRAMS

                        Subtitle A--Trust Funds

Sec. 1001. Modification of Wool Apparel Manufacturers Trust Fund.
Sec. 1002. Extensions of duty suspensions on cotton shirting fabrics 
              and related provisions.

          Subtitle B--Extension of Trade Adjustment Assistance

Sec. 1011. Extension of Trade Adjustment Assistance.

             TITLE XI--EMERGENCY SENIOR CITIZENS RELIEF ACT

Sec. 1101. Short title.
Sec. 1102. Extension and modification of certain economic recovery 
              payments.

                     TITLE XII--TANF EMERGENCY FUND

Sec. 1201. Extension of TANF Emergency Fund.

                    TITLE XIII--BUDGETARY PROVISIONS

Sec. 1301. Determination of budgetary effects.
Sec. 1302. Emergency designations.

                    TITLE I--MIDDLE CLASS TAX RELIEF

     SEC. 101. REPEAL OF SUNSET ON CERTAIN INDIVIDUAL INCOME TAX 
                   RATE RELIEF.

       (a) Individual Income Tax Rates.--
       (1) Repeal of sunset.--Section 901 of the Economic Growth 
     and Tax Relief Reconciliation Act of 2001 shall not apply to 
     the amendments made by section 101 of such Act.

[[Page S8904]]

       (2) 25- and 28- percent rate brackets made permanent.--
     Paragraph (2) of section 1(i) is amended to read as follows:
       ``(2) 25- and 28- percent rate brackets.--The tables under 
     subsections (a), (b), (c), (d), and (e) shall be applied--
       ``(A) by substituting `25%' for `28%' each place it appears 
     (before the application of subparagraph (B)), and
       ``(B) by substituting `28%' for `31%' each place it 
     appears.''.
       (3) 33-percent rate bracket.--Subsection (i) of section 1 
     is amended by redesignating paragraph (3) as paragraph (4) 
     and by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) 33-percent rate bracket.--
       ``(A) In general.--In the case of taxable years beginning 
     after December 31, 2010--
       ``(i) the rate of tax under subsections (a), (b), (c), and 
     (d) on a taxpayer's taxable income in the fourth rate bracket 
     shall be 33 percent to the extent such income does not exceed 
     an amount equal to the excess of--

       ``(I) the applicable amount, over
       ``(II) the dollar amount at which such bracket begins, and

       ``(ii) the 36 percent rate of tax under such subsections 
     shall apply only to the taxpayer's taxable income in such 
     bracket in excess of the amount to which clause (i) applies.
       ``(B) Applicable amount.--For purposes of this paragraph, 
     the term `applicable amount' means the excess of--
       ``(i) the applicable threshold, over
       ``(ii) the sum of the following amounts in effect for the 
     taxable year:

       ``(I) the basic standard deduction (within the meaning of 
     section 63(c)(2)), and
       ``(II) the exemption amount (within the meaning of section 
     151(d)(1) (or, in the case of subsection (a), 2 such 
     exemption amounts).

       ``(C) Applicable threshold.--For purposes of this 
     paragraph, the term `applicable threshold' means--
       ``(i) $250,000 in the case of subsection (a),
       ``(ii) $200,000 in the case of subsections (b) and (c), and
       ``(iii) \1/2\ the amount applicable under clause (i) (after 
     adjustment, if any, under subparagraph (E)) in the case of 
     subsection (d).
       ``(D) Fourth rate bracket.--For purposes of this paragraph, 
     the term `fourth rate bracket' means the bracket which would 
     (determined without regard to this paragraph) be the 36-
     percent rate bracket.
       ``(E) Inflation adjustment.--For purposes of this 
     paragraph, a rule similar to the rule of paragraph (1)(C) 
     shall apply with respect to taxable years beginning in 
     calendar years after 2010, applied by substituting `2008' for 
     `1992' in subsection (f)(3)(B).''.
       (b) Phaseout of Personal Exemptions and Itemized 
     Deductions.--
       (1) Overall limitation on itemized deductions.--Section 68 
     is amended--
       (A) by striking ``the applicable amount'' the first place 
     it appears in subsection (a) and inserting ``the applicable 
     threshold in effect under section 1(i)(3)'',
       (B) by striking ``the applicable amount'' in subsection 
     (a)(1) and inserting ``such applicable threshold'',
       (C) by striking subsection (b) and redesignating 
     subsections (c), (d), and (e) as subsections (b), (c), and 
     (d), respectively, and
       (D) by striking subsections (f) and (g).
       (2) Phaseout of deductions for personal exemptions.--
       (A) In general.--Paragraph (3) of section 151(d) is 
     amended--
       (i) by striking ``the threshold amount'' in subparagraphs 
     (A) and (B) and inserting ``the applicable threshold in 
     effect under section 1(i)(3)'',
       (ii) by striking subparagraph (C) and redesignating 
     subparagraph (D) as subparagraph (C), and
       (iii) by striking subparagraphs (E) and (F).
       (B) Conforming amendments.--Paragraph (4) of section 151(d) 
     is amended--
       (i) by striking subparagraph (B),
       (ii) by redesignating clauses (i) and (ii) of subparagraph 
     (A) as subparagraphs (A) and (B), respectively, and by 
     indenting such subparagraphs (as so redesignated) 
     accordingly, and
       (iii) by striking all that precedes ``in a calendar year 
     after 1989,'' and inserting the following:
       ``(4) Inflation adjustment.--In the case of any taxable 
     year beginning''.
       (3) Nonapplication of egtrra sunset.--Section 901 of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 
     shall not apply to any amendment made by section 102 or 103 
     of such Act.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 102. REDUCED RATES ON CAPITAL GAINS AND DIVIDENDS MADE 
                   PERMANENT.

       (a) In General.--Section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 (relating to sunset of 
     title) is hereby repealed.
       (b) 20-percent Capital Gains Rate for Certain High Income 
     Individuals.--
       (1) In general.--Paragraph (1) of section 1(h) is amended 
     by striking subparagraph (C), by redesignating subparagraphs 
     (D) and (E) as subparagraphs (E) and (F) and by inserting 
     after subparagraph (B) the following new subparagraphs:
       ``(C) 15 percent of the lesser of--
       ``(i) so much of the adjusted net capital gain (or, if 
     less, taxable income) as exceeds the amount on which a tax is 
     determined under subparagraph (B), or
       ``(ii) the excess (if any) of--

       ``(I) the amount of taxable income which would (without 
     regard to this paragraph) be taxed at a rate below 36 
     percent, over
       ``(II) the sum of the amounts on which a tax is determined 
     under subparagraphs (A) and (B),

       ``(D) 20 percent of the adjusted net capital gain (or, if 
     less, taxable income) in excess of the sum of the amounts on 
     which tax is determined under subparagraphs (B) and (C),''.
       (2) Minimum tax.--Paragraph (3) of section 55(b) is amended 
     by striking subparagraph (C), by redesignating subparagraph 
     (D) as subparagraph (E), and by inserting after subparagraph 
     (B) the following new subparagraphs:
       ``(C) 15 percent of the lesser of--
       ``(i) so much of the adjusted net capital gain (or, if 
     less, taxable excess) as exceeds the amount on which tax is 
     determined under subparagraph (B), or
       ``(ii) the excess described in section 1(h)(1)(C)(ii), plus
       ``(D) 20 percent of the adjusted net capital gain (or, if 
     less, taxable excess) in excess of the sum of the amounts on 
     which tax is determined under subparagraphs (B) and (C), 
     plus''.
       (c) Conforming Amendments.--
       (1) The following provisions are each amended by striking 
     ``15 percent'' and inserting ``20 percent'':
       (A) Section 531.
       (B) Section 541.
       (C) Section 1445(e)(1).
       (D) The second sentence of section 7518(g)(6)(A).
       (E) Section 53511(f)(2) of title 46, United States Code.
       (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by 
     striking ``5 percent (0 percent in the case of taxable years 
     beginning after 2007)'' and inserting ``0 percent''.
       (3) Section 1445(e)(6) is amended by striking ``15 percent 
     (20 percent in the case of taxable years beginning after 
     December 31, 2010)'' and inserting ``20 percent''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsections (b) and (c) shall apply to 
     taxable years beginning after December 31, 2010.
       (2) Withholding.--The amendments made by paragraphs (1)(C) 
     and (3) of subsection (c) shall apply to amounts paid on or 
     after January 1, 2011.

     SEC. 103. TEMPORARY EXTENSION OF OTHER 2001 TAX RELIEF.

       (a) Temporary Extension.--
       (1) In general.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2010'' both places it appears and inserting 
     ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.
       (b) Separate Sunset for Expansion of Adoption Benefits 
     Under the Patient Protection and Affordable Care Act.--
       (1) In general.--Subsection (c) of section 10909 of the 
     Patient Protection and Affordable Care Act is amended to read 
     as follows:
       ``(c) Sunset Provision.--Each provision of law amended by 
     this section is amended to read as such provision would read 
     if this section had never been enacted. The amendments made 
     by the preceding sentence shall apply to taxable years 
     beginning after December 31, 2011.''.
       (2) Conforming amendment.--Subsection (d) of section 10909 
     of such Act is amended by striking ``The amendments'' and 
     inserting ``Except as provided in subsection (c), the 
     amendments''.

     SEC. 104. TEMPORARY EXTENSION OF 2009 TAX RELIEF.

       (a) American Opportunity Tax Credit.--
       (1) In general.--Section 25A(i) is amended by striking ``or 
     2010'' and inserting ``, 2010, 2011, or 2012''.
       (2) Treatment of possessions.--Section 1004(c)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``and 2010'' each place it appears and inserting 
     ``, 2010, 2011, and 2012''.
       (b) Child Tax Credit.--Section 24(d)(4) is amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (c) Earned Income Tax Credit.--Section 32(b)(3) is 
     amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

     SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE 
                   MINIMUM TAX EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) is 
     amended--
       (1) by striking ``$70,950'' and all that follows through 
     ``2009'' in subparagraph (A) and inserting ``$72,450 in the 
     case of taxable years beginning in 2010 and $74,450 in the 
     case of taxable years beginning in 2011'', and
       (2) by striking ``$46,700'' and all that follows through 
     ``2009'' in subparagraph (B) and inserting ``$47,450 in the 
     case of taxable years

[[Page S8905]]

     beginning in 2010 and $48,450 in the case of taxable years 
     beginning in 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
       (c) Repeal of EGTRRA Sunset.--Title IX of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 (relating to 
     sunset of provisions of such Act) shall not apply to title 
     VII of such Act (relating to alternative minimum tax).

     SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX 
                   RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) is 
     amended--
       (1) by striking ``or 2009'' and inserting ``2009, 2010, or 
     2011'', and
       (2) by striking ``2009'' in the heading thereof and 
     inserting ``2011''.
       (b)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

                      TITLE III--ESTATE TAX RELIEF

     SEC. 301. REPEAL OF EGTRRA SUNSET.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 shall not apply to title V of such 
     Act.

     SEC. 302. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER 
                   BASIS.

       (a) In General.--Each provision of law amended by subtitle 
     A or E of title V of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended to read as such 
     provision would read if such subtitle had never been enacted.
       (b) Conforming Amendment.--On and after January 1, 2011, 
     paragraph (1) of section 2505(a) of the Internal Revenue Code 
     of 1986 is amended to read as such paragraph would read if 
     section 521(b)(2) of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 had never been enacted.
       (c) Special Election With Respect to Estates of Decedents 
     Dying in 2010.--Notwithstanding subsection (a), in the case 
     of an estate of a decedent dying after December 31, 2009, and 
     before January 1, 2011, the executor (within the meaning of 
     section 2203 of the Internal Revenue Code of 1986) may elect 
     to apply such Code as though the amendments made by 
     subsection (a) do not apply with respect to chapter 11 of 
     such Code and with respect to property acquired or passing 
     from such decedent (within the meaning of section 1014(b) of 
     such Code).  Such election shall be made at such time and in 
     such manner as the Secretary of the Treasury or the 
     Secretary's delegate shall provide. Such an election once 
     made shall be revocable only with the consent of the 
     Secretary of the Treasury or the Secretary's delegate. For 
     purposes of section 2652(a)(1) of such Code, the 
     determination of whether any property is subject to the tax 
     imposed by such chapter 11 shall be made without regard to 
     any election made under this subsection.
       (d) Extension of Time for Performing Certain Acts.--
       (1) Estate tax.--In the case of the estate of a decedent 
     dying after December 31, 2009, and before the date of the 
     enactment of this Act, the due date for--
       (A) filing any return under section 6018 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) as such section is in effect after the 
     date of the enactment of this Act without regard to any 
     election under subsection (c),
       (B) making any payment of tax under chapter 11 of such 
     Code, and
       (C) making any disclaimer described in section 2518(b) of 
     such Code of an interest in property passing by reason of the 
     death of such decedent,
     shall not be earlier than the date which is 9 months after 
     the date of the enactment of this Act.
       (2) Generation-skipping tax.--In the case of any 
     generation-skipping transfer made after December 31, 2009, 
     and before the date of the enactment of this Act, the due 
     date for filing any return under section 2662 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) shall not be earlier than the date 
     which is 9 months after the date of the enactment of this 
     Act.
       (e) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, and transfers made, after 
     December 31, 2009.

     SEC. 303. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-
                   SKIPPING TRANSFER TAXES.

       (a) Modifications to Estate Tax.--
       (1) $3,500,000 applicable exclusion amount.--Subsection (c) 
     of section 2010 is amended to read as follows:
       ``(c) Applicable Credit Amount.--
       ``(1) In general.--For purposes of this section, the 
     applicable credit amount is the amount of the tentative tax 
     which would be determined under section 2001(c) if the amount 
     with respect to which such tentative tax is to be computed 
     were equal to the applicable exclusion amount.
       ``(2) Applicable exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable exclusion amount is $3,500,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2010, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2009' for `calendar year 1992' in subparagraph 
     (B) thereof.
     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.''.
       (2) Maximum estate tax rate equal to 45 percent.--
     Subsection (c) of section 2001 is amended--
       (A) by striking ``but not over $2,000,000'' in the table 
     contained in paragraph (1),
       (B) by striking the last 2 items in such table,
       (C) by striking ``(1) In general.--'', and
       (D) by striking paragraph (2).
       (b) Modifications to Gift Tax.--
       (1) Restoration of unified credit against gift tax.--
       (A) In general.--Paragraph (1) of section 2505(a), after 
     the application of section 301(b), is amended by striking 
     ``(determined as if the applicable exclusion amount were 
     $1,000,000)''.
       (B) Effective date.--The amendment made by this paragraph 
     shall apply to gifts made after December 31, 2010.
       (2) Modification of gift tax rate.--On and after January 1, 
     2011, subsection (a) of section 2502 is amended to read as 
     such subsection would read if section 511(d) of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 had never 
     been enacted.
       (c) Modification of Generation-skipping Transfer Tax.--In 
     the case of any generation-skipping transfer made after 
     December 31, 2009, and before January 1, 2011, the applicable 
     rate determined under section 2641(a) of the Internal Revenue 
     Code of 1986 shall be zero.
       (d) Modifications of Estate and Gift Taxes to Reflect 
     Differences in Credit Resulting From Different Tax Rates.--
       (1) Estate tax.--
       (A) In general.--Section 2001(b)(2) is amended by striking 
     ``if the provisions of subsection (c) (as in effect at the 
     decedent's death)'' and inserting ``if the modifications 
     described in subsection (g)''.
       (B) Modifications.--Section 2001 is amended by adding at 
     the end the following new subsection:
       ``(g) Modifications to Gift Tax Payable to Reflect 
     Different Tax Rates.--For purposes of applying subsection 
     (b)(2) with respect to 1 or more gifts, the rates of tax 
     under subsection (c) in effect at the decedent's death shall, 
     in lieu of the rates of tax in effect at the time of such 
     gifts, be used both to compute--
       ``(1) the tax imposed by chapter 12 with respect to such 
     gifts, and
       ``(2) the credit allowed against such tax under section 
     2505, including in computing--
       ``(A) the applicable credit amount under section 
     2505(a)(1), and
       ``(B) the sum of the amounts allowed as a credit for all 
     preceding periods under section 2505(a)(2).''.
       (2) Gift tax.--Section 2505(a) is amended by adding at the 
     end the following new flush sentence:
     ``For purposes of applying paragraph (2) for any calendar 
     year, the rates of tax in effect under section 2502(a)(2) for 
     such calendar year shall, in lieu of the rates of tax in 
     effect for preceding calendar periods, be used in determining 
     the amounts allowable as a credit under this section for all 
     preceding calendar periods.''.
       (e) Conforming Amendment.--Section 2511 is amended by 
     striking subsection (c).
       (f) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, generation-skipping transfers, 
     and gifts made, after December 31, 2009.

     SEC. 304. APPLICABLE EXCLUSION AMOUNT INCREASED BY UNUSED 
                   EXCLUSION AMOUNT OF DECEASED SPOUSE.

       (a) In General.--Section 2010(c), as amended by section 
     302(a), is amended by striking paragraph (2) and inserting 
     the following new paragraphs:
       ``(2) Applicable exclusion amount.--For purposes of this 
     subsection, the applicable exclusion amount is the sum of--
       ``(A) the basic exclusion amount, and
       ``(B) in the case of a surviving spouse, the deceased 
     spousal unused exclusion amount.
       ``(3) Basic exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     basic exclusion amount is $3,500,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2010, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2009' for `calendar year 1992' in subparagraph 
     (B) thereof.
     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.
       ``(4) Deceased spousal unused exclusion amount.--For 
     purposes of this subsection, with respect to a surviving 
     spouse of a deceased spouse dying after December 31, 2010, 
     the term `deceased spousal unused exclusion amount' means the 
     lesser of--
       ``(A) the basic exclusion amount, or
       ``(B) the excess of--
       ``(i) the basic exclusion amount of the last such deceased 
     spouse of such surviving spouse, over
       ``(ii) the amount with respect to which the tentative tax 
     is determined under section 2001(b)(1) on the estate of such 
     deceased spouse.

[[Page S8906]]

       ``(5) Special rules.--
       ``(A) Election required.--A deceased spousal unused 
     exclusion amount may not be taken into account by a surviving 
     spouse under paragraph (2) unless the executor of the estate 
     of the deceased spouse files an estate tax return on which 
     such amount is computed and makes an election on such return 
     that such amount may be so taken into account. Such election, 
     once made, shall be irrevocable. No election may be made 
     under this subparagraph if such return is filed after the 
     time prescribed by law (including extensions) for filing such 
     return.
       ``(B) Examination of prior returns after expiration of 
     period of limitations with respect to deceased spousal unused 
     exclusion amount.--Notwithstanding any period of limitation 
     in section 6501, after the time has expired under section 
     6501 within which a tax may be assessed under chapter 11 or 
     12 with respect to a deceased spousal unused exclusion 
     amount, the Secretary may examine a return of the deceased 
     spouse to make determinations with respect to such amount for 
     purposes of carrying out this subsection.
       ``(6) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this subsection.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 2505(a), as amended by section 
     302(b)(1), is amended to read as follows:
       ``(1) the applicable credit amount in effect under section 
     2010(c) which would apply if the donor died as of the end of 
     the calendar year, reduced by''.
       (2) Section 2631(c) is amended by striking ``the applicable 
     exclusion amount'' and inserting ``the basic exclusion 
     amount''.
       (3) Section 6018(a)(1) is amended by striking ``applicable 
     exclusion amount'' and inserting ``basic exclusion amount''.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to estates of 
     decedents dying and gifts made after December 31, 2010.
       (2) Conforming amendment relating to generation-skipping 
     transfers.--The amendment made by subsection (b)(2) shall 
     apply to generation-skipping transfers after December 31, 
     2010.

     SEC. 305. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND SO 
                   LONG AS FARMLAND USE BY FAMILY CONTINUES.

       (a) In General.--Part III of subchapter A of chapter 11 is 
     amended by inserting after section 2033 the following new 
     section:

     ``SEC. 2033A. EXCLUSION OF CERTAIN FARMLAND SO LONG AS 
                   FARMLAND USE BY FAMILY CONTINUES.

       ``(a) In General.--In the case of an estate of a decedent 
     to which this section applies, the value of the gross estate 
     shall not include the adjusted value of qualified farmland 
     included in the estate.
       ``(b) Estates to Which Section Applies.--This section shall 
     apply to an estate if--
       ``(1) the executor--
       ``(A) elects the application of this section,
       ``(B) files an agreement referred to in section 
     2032A(d)(2), and
       ``(C) obtains a qualified appraisal (as defined in section 
     170(f)(11)(E)(i)) of the qualified farmland to which the 
     election applies and attaches such appraisal to the return of 
     the tax imposed by section 2001,
       ``(2) the decedent was (at the date of the decedent's 
     death) a citizen or resident of the United States,
       ``(3) the decedent for the 3-taxable-year period (10-
     taxable-year period in the case of any qualified farmland 
     which is qualified woodland described in section 
     2032A(c)(2)(F)(i)) preceding the date of the decedent's death 
     had an average modified adjusted gross income (as defined in 
     section 86(b)(2)) not exceeding $750,000,
       ``(4) 60 percent or more of the adjusted value of the gross 
     estate at the date of the decedent's death consists of the 
     adjusted value of real or personal property which is used as 
     a farm for farming purposes (within the meaning of section 
     2032A(e)),
       ``(5) 50 percent or more of the adjusted value of the gross 
     estate consists of the adjusted value of qualified farmland 
     which is real property, and
       ``(6) during the 10-year period ending on the date of the 
     decedent's death--
       ``(A) the qualified farmland which is such real property 
     was owned by the decedent or a member of the decedent's 
     family, and
       ``(B) there was material participation (within the meaning 
     of section 469(h)) by the decedent or a member of the 
     decedent's family in the operation of such farmland.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified farmland.--The term `qualified farmland' 
     means any real property--
       ``(A) which is located in the United States,
       ``(B) which is used as a farm for farming purposes (within 
     the meaning of section 2032A(e)),
       ``(C) such use of which is not an activity not engaged in 
     for profit (within the meaning of section 183),
       ``(D) which was acquired from or passed from the decedent 
     to a qualified heir of the decedent and which, on the date of 
     the decedent's death, was being so used by the decedent or a 
     member of the decedent's family, and
       ``(E) which is property designated in the agreement filed 
     under subsection (b)(1).
       ``(2) Adjusted value.--The term `adjusted value' means the 
     value of farmland for purposes of this chapter (determined 
     without regard to this section), reduced by any amounts 
     allowable as a deduction in respect to such farmland under 
     paragraph (3) or (4) of section 2053(a).
       ``(3) Other terms.--Any other term used in this section 
     which is also used in section 2032A shall have the same 
     meaning given such term by section 2032A.
       ``(d) Annual Information Return to the Secretary.--
       ``(1) In general.--The qualified heir of any qualified 
     farmland shall file an information return (at such time and 
     in such form and manner as the Secretary prescribes) for each 
     calendar year.
       ``(2) Contents of return.--The information return required 
     under paragraph (1) shall set forth any disposition of any 
     interest in such farmland or any cessation of use of such 
     farmland as a farm for farming purposes and such other 
     information as the Secretary may require.
       ``(e) Imposition of Recapture Tax.--
       ``(1) In general.--If--
       ``(A) at any time after the decedent's death and before the 
     death of the qualified heir--
       ``(i) the qualified heir disposes of any interest in 
     qualified farmland (other than by a disposition to a member 
     of the qualified heir's family),
       ``(ii) the qualified heir or member ceases to use the 
     qualified farmland as a farm for farming purposes,
       ``(iii) the qualified heir or member incurs a nonrecourse 
     indebtedness secured in whole or in part by a portion of the 
     qualified farmland, or
       ``(iv) the qualified heir or member fails to file the 
     information return with respect to the qualified farmland 
     required under subsection (d) for 3 successive calendar 
     years, or
       ``(B) upon the death of the qualified heir or member, the 
     executor of the estate of such heir or member does not elect 
     the application of this section with respect to the qualified 
     farmland,
     then, there is hereby imposed a recapture tax with respect to 
     such qualified farmland or such interest in or portion of 
     such qualified farmland.
       ``(2) Application of recapture tax to earlier 
     generations.--Upon the imposition of a recapture tax under 
     paragraph (1) with respect to such qualified farmland or such 
     interest in or portion of such qualified farmland, there is 
     also imposed an aggregate amount of any recapture tax which 
     would have been determined under this subsection with respect 
     to such farmland, interest, or portion if the such tax had 
     been imposed and paid on the date of death of the decedent 
     and on the date of death of any qualified heir (or member) of 
     such farmland, interest, or portion in any intervening 
     generation.
       ``(3) Amount of recapture tax, etc.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     rules similar to the rules of section 2032A(c) (other than 
     paragraphs (1) and (2)(E) thereof) with respect to the 
     additional estate tax shall apply for purposes of this 
     subsection with respect to each recapture tax.
       ``(B) Adjustments to recapture tax.--
       ``(i) Adjustment to reflect increase in value of 
     interest.--Subject to clause (ii), the amount of the 
     recapture tax otherwise determined under rules described in 
     subparagraph (A) shall be increased by the percentage (if 
     any) by which the value of the interest in the qualified 
     farmland at the time of the imposition of such tax is greater 
     than the adjusted value of such farmland at the time such 
     farmland would have been included in the estate if no 
     election under this section had been made.
       ``(ii) Adjustments to value of interest at time of tax 
     imposition.--For purposes of determining the value of the 
     interest in the qualified farmland at the time of the 
     imposition of such tax, such value shall be reduced (under 
     rules prescribed by the Secretary) by--

       ``(I) the basis of any substantial improvements made with 
     respect to such interest by the qualified heir or member, and
       ``(II) the aggregate amount of any recapture tax imposed 
     under paragraph (2).

       ``(f) Application of Other Rules.--Rules similar to the 
     rules of subsections (d), (e) (other than paragraphs (6) and 
     (13) thereof), (f), (g), (h), and (i) of section 2032A shall 
     apply for purposes of this section.
       ``(g) Regulations.--The Secretary may issue such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this section, 
     including the application of this section in the case of 
     multiple interests in qualified farmland, and to prevent 
     fraud and abuse under this section.''.
       (b) Basis of Qualified Farmland for Purposes of 
     Depreciation or Depletion by Qualified Heir.--Section 1014 is 
     amended by adding at the end the following new subsection:
       ``(f) Basis of Qualified Farmland for Purposes of 
     Depreciation or Depletion by Qualified Heir.--For purposes of 
     the allowance to any qualified heir of any depreciation or 
     depletion deduction with respect to any interest in property 
     acquired from a decedent and subject to an election under 
     section 2033A, the basis of such property in the hands of 
     such qualified heir (or member of the qualified heir's family 
     after a disposition described in section 2033A(e)(1)(A)(i)) 
     shall be the adjusted basis of such property in the hands of 
     the decedent immediately before the death of such 
     decedent.''.

[[Page S8907]]

       (c) Penalty for Failure to File Annual Information 
     Return.--Section 6652 is amended by redesignating subsection 
     (m) as subsection (n) and by adding at the end the following 
     new subsection:
       ``(m) Failure to File Annual Information Return.--In the 
     case of each failure to provide an information return as 
     required under section 2033A(d) at the time prescribed 
     therefor, unless it is shown that such failure is due to 
     reasonable cause and not to willful neglect, there shall be 
     paid, on notice and demand of the Secretary and in the same 
     manner as tax, by the person failing to provide such return, 
     an amount equal to $250 for each such failure.''.
       (d) Woodlands Subject to Management Plan.--Paragraph (2) of 
     section 2032A(c) is amended by adding at the end the 
     following new subparagraph:
       ``(F) Exception for woodlands subject to forest stewardship 
     plan.--
       ``(i) In general.--Subparagraph (E) shall not apply to any 
     disposition or severance of standing timber on a qualified 
     woodland that is made pursuant to a forest stewardship plan 
     developed under the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2103a) or an equivalent plan approved by the 
     State Forester.
       ``(ii) Compliance with forest stewardship plan.--Clause (i) 
     shall not apply if, during the 10-year period under paragraph 
     (1), the qualified heir fails to comply with such forest 
     stewardship plan or equivalent plan.''.
       (e) Certain Conservation Transactions Not Treated as 
     Dispositions.--Paragraph (8) of section 2032A(c) is amended 
     to read as follows:
       ``(8) Certain conservation transactions not treated as 
     dispositions.--
       ``(A) Qualified conservation contributions.--A qualified 
     conservation contribution by gift or otherwise shall not be 
     deemed a disposition under subsection (c)(1)(A).
       ``(B) Qualified conservation easement sold to qualified 
     organization.--A sale of a qualified conservation easement to 
     a qualified organization shall not be deemed a disposition 
     under subsection (c)(1)(A).
       ``(C) Definitions.--For purposes of this paragraph--
       ``(i) the terms `qualified conservation contribution' and 
     `qualified organization' have the meanings given such terms 
     by section 170(h), and
       ``(ii) the term `qualified conservation easement' has the 
     meaning given such term by section 2031(c)(8).''.
       (f) Clerical Amendment.--The table of sections for part III 
     of subchapter A of chapter 11 is amended by inserting after 
     the item relating to section 2033 the following new item:

``Sec. 2033A. Exclusion of certain farmland so long as use as farmland 
              continues.''.
       (g) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after the date of 
     the enactment of this Act.

     SEC. 306. INCREASE IN LIMITATIONS ON THE AMOUNT EXCLUDED FROM 
                   THE GROSS ESTATE WITH RESPECT TO LAND SUBJECT 
                   TO A QUALIFIED CONSERVATION EASEMENT.

       (a) Increase in Dollar Limitation on Exclusion.--Paragraph 
     (3) of section 2031(c) is amended by striking ``the exclusion 
     limitation is'' and all that follows and inserting ``the 
     exclusion limitation is $5,000,000.''.
       (b) Increase in Percentage of Value of Land Which Is 
     Excludable.--Paragraph (2) of section 2031(c) is amended--
       (1) by striking ``40 percent'' and inserting ``50 
     percent'', and
       (2) by striking ``2 percentage points'' and inserting ``2.5 
     percentage points''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to the estates of decedents dying after the date 
     of the enactment of this Act.

     SEC. 307. MODIFICATION OF RULES FOR VALUE OF CERTAIN FARM, 
                   ETC., REAL PROPERTY.

       (a) In General.--Paragraph (2) of section 2032A(a) is 
     amended by striking ``$750,000'' and inserting 
     ``$3,500,000''.
       (b) Inflation Adjustment.--Paragraph (3) of section 
     2032A(a) is amended--
       (1) by striking ``1998'' and inserting ``2010'',
       (2) by striking ``$750,000'' and inserting ``$3,500,000'' 
     in subparagraph (A), and
       (3) by striking ``calendar year 1997'' and inserting 
     ``calendar year 2009'' in subparagraph (B).
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying, and gifts made, 
     after December 31, 2009.

     SEC. 308. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR 
                   RETAINED ANNUITY TRUSTS.

       (a) In General.--Subsection (b) of section 2702 is 
     amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and by moving 
     such subparagraphs (as so redesignated) 2 ems to the right;
       (2) by striking ``For purposes of'' and inserting the 
     following:
       ``(1) In general.--For purposes of'';
       (3) by striking ``paragraph (1) or (2)'' in paragraph 
     (1)(C) (as so redesignated) and inserting ``subparagraph (A) 
     or (B)''; and
       (4) by adding at the end the following new paragraph:
       ``(2) Additional requirements with respect to grantor 
     retained annuities.--For purposes of subsection (a), in the 
     case of an interest described in paragraph (1)(A) (determined 
     without regard to this paragraph) which is retained by the 
     transferor, such interest shall be treated as described in 
     such paragraph only if--
       ``(A) the right to receive the fixed amounts referred to in 
     such paragraph is for a term of not less than 10 years,
       ``(B) such fixed amounts, when determined on an annual 
     basis, do not decrease relative to any prior year during the 
     first 10 years of the term referred to in subparagraph (A), 
     and
       ``(C) the remainder interest has a value greater than zero 
     determined as of the time of the transfer.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to transfers made after the date of the enactment 
     of this Act.

     SEC. 309. CONSISTENT BASIS REPORTING BETWEEN ESTATE AND 
                   PERSON ACQUIRING PROPERTY FROM DECEDENT.

       (a) Consistent Use of Basis.--
       (1) Property acquired from a decedent.--Section 1014 is 
     amended by adding at the end the following new subsection:
       ``(f) Basis Must Be Consistent With Estate Tax Value.--
       ``(1) In general.--For purposes of this section, the value 
     used to determine the basis of any interest in property in 
     the hands of the person acquiring such property shall not 
     exceed the value of such interest as finally determined for 
     purposes of chapter 11.
       ``(2) Special rule where no final determination.--In any 
     case in which the value of property has not been finally 
     determined under chapter 11 and there has been a statement 
     furnished under section 6035(a), the value used to determine 
     the basis of any interest in property in the hands of the 
     person acquiring such property shall not exceed the amount 
     reported on the statement furnished under section 6035(a).
       ``(3) Regulations.--The Secretary may by regulations 
     provide exceptions to the application of this subsection.''.
       (2) Property acquired by gifts and transfers in trust.--
     Section 1015 is amended by adding at the end the following 
     new subsection:
       ``(f) Basis Must Be Consistent With Gift Tax Value.--
       ``(1) In general.--For purposes of this section, the fair 
     market value of any interest in property at the time of the 
     gift of that interest shall not exceed the value of such 
     interest as finally determined for purposes of chapter 12.
       ``(2) Special rule where no final determination.--In any 
     case in which the value of property has not been finally 
     determined under chapter 12 and there has been a statement 
     furnished under section 6035(b), the fair market value of any 
     interest in property at the time of the gift of that interest 
     shall not exceed the amount reported on the statement 
     furnished under section 6035(b).
       ``(3) Regulations.--The Secretary may by regulations 
     provide exceptions to the application of this subsection.''.
       (b) Information Reporting.--
       (1) In general.--Subpart A of part III of subchapter A of 
     chapter 61 is amended by inserting after section 6034A the 
     following new section:

     ``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY 
                   FROM DECEDENT OR BY GIFT.

       ``(a) Information With Respect to Property Acquired From 
     Decedents.--
       ``(1) In general.--The executor of any estate required to 
     file a return under section 6018(a) shall furnish to the 
     Secretary and to each person acquiring any interest in 
     property included in the decedent's gross estate for Federal 
     estate tax purposes a statement identifying the value of each 
     interest in such property as reported on such return and such 
     other information with respect to such interest as the 
     Secretary may prescribe.
       ``(2) Statements by beneficiaries.--Each person required to 
     file a return under section 6018(b) shall furnish to the 
     Secretary and to each other person who holds a legal or 
     beneficial interest in the property to which such return 
     relates a statement identifying the information described in 
     paragraph (1).
       ``(3) Time for furnishing statement.--
       ``(A) In general.--Each statement required to be furnished 
     under paragraph (1) or (2) shall be furnished at such time as 
     the Secretary may prescribe, but in no case at a time later 
     than the earlier of--
       ``(i) the date which is 30 days after the date on which the 
     return under section 6018 was required to be filed (including 
     extensions, if any), or
       ``(ii) the date which is 30 days after the date such return 
     is filed.
       ``(B) Adjustments.--In any case in which there is an 
     adjustment to the information required to be included on a 
     statement filed under paragraph (1) or (2) after such 
     statement has been filed, a supplemental statement under such 
     paragraph shall be filed not later than the date which is 30 
     days after such adjustment is made.
       ``(b) Information With Respect to Property Acquired by 
     Gift.--
       ``(1) In general.--Each person making a transfer by gift 
     who is required to file a return under section 6019 with 
     respect to such transfer shall furnish to the Secretary and 
     to each person acquiring any interest in property by reason 
     of such transfer a statement identifying the fair market 
     value of each interest in such property as reported on such 
     return and such other information with respect to such 
     interest as the Secretary may prescribe.
       ``(2) Time for furnishing statement.--

[[Page S8908]]

       ``(A) In general.--Each statement required to be furnished 
     under paragraph (1) shall be furnished at such time as the 
     Secretary may prescribe, but in no case at a time later than 
     the earlier of--
       ``(i) the date which is 30 days after the date on which the 
     return under section 6019 was required to be filed (including 
     extensions, if any), or
       ``(ii) the date which is 30 days after the date such return 
     is filed.
       ``(B) Adjustments.--In any case in which there is an 
     adjustment to the information required to be included on a 
     statement filed under paragraph (1) after such statement has 
     been filed, a supplemental statement under such paragraph 
     shall be filed not later than the date which is 30 days after 
     such adjustment is made.
       ``(c) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out this section, including 
     regulations relating to--
       ``(1) applying this section to property with regard to 
     which no estate or gift tax return is required to be filed, 
     and
       ``(2) situations in which the surviving joint tenant or 
     other recipient may have better information than the executor 
     regarding the basis or fair market value of the property.''.
       (2) Penalty for failure to file.--
       (A) Return.--Section 6724(d)(1) is amended by striking 
     ``and'' at the end of subparagraph (B), by striking the 
     period at the end of subparagraph (C) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(D) any statement required to be filed with the Secretary 
     under section 6035.''.
       (B) Statement.--Section 6724(d)(2) is amended by striking 
     ``or'' at the end of subparagraph (GG), by striking the 
     period at the end of subparagraph (HH) and inserting ``, 
     or'', and by adding at the end the following new 
     subparagraph:
       ``(II) section 6035 (other than a statement described in 
     paragraph (1)(D)).''.
       (3) Clerical amendment.--The table of sections for subpart 
     A of part III of subchapter A of chapter 61 is amended by 
     inserting after the item relating to section 6034A the 
     following new item:

``Sec. 6035. Basis information to persons acquiring property from 
              decedent or by gift.''.
       (c) Penalty for Inconsistent Reporting.--
       (1) In general.--Subsection (b) of section 6662 is amended 
     by inserting after paragraph (7) the following new paragraph:
       ``(8) Any inconsistent estate or gift basis.''.
       (2) Inconsistent basis reporting.--Section 6662 is amended 
     by adding at the end the following new subsection:
       ``(k) Inconsistent Estate or Gift Basis Reporting.--For 
     purposes of this section, the term `inconsistent estate or 
     gift basis' means--
       ``(1) in the case of property acquired from a decedent, a 
     basis determination with respect to such property which is 
     not consistent with the requirements of section 1014(f), and
       ``(2) in the case of property acquired by gift, a basis 
     determination with respect to such property which is not 
     consistent with the requirements of section 1015(f).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to transfers for which returns are filed after 
     the date of the enactment of this Act.

         TITLE IV--REPEAL OF INFORMATION REPORTING REQUIREMENTS

     SEC. 401. REPEAL OF EXPANSION OF INFORMATION REPORTING 
                   REQUIREMENTS.

       (a) Repeal of Payments for Property and Other Gross 
     Proceeds.--Subsection (b) of section 9006 of the Patient 
     Protection and Affordable Care Act, and the amendments made 
     thereby, are hereby repealed; and the Internal Revenue Code 
     of 1986 shall be applied as if such subsection, and 
     amendments, had never been enacted.
       (b) Repeal of Application to Corporations; Application of 
     Regulatory Authority.--
       (1) In general.--Section 6041 of the Internal Revenue Code 
     of 1986, as amended by section 9006(a) of the Patient 
     Protection and Affordable Care Act and section 2101 of the 
     Small Business Jobs Act of 2010, is amended by striking 
     subsections (i) and (j) and inserting the following new 
     subsection:
       ``(i) Regulations.--The Secretary may prescribe such 
     regulations and other guidance as may be appropriate or 
     necessary to carry out the purposes of this section, 
     including rules to prevent duplicative reporting of 
     transactions.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to payments made after December 31, 2010.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

     SEC. 501. TEMPORARY 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--
       (A) by striking ``November 30, 2010'' each place it appears 
     and inserting ``January 3, 2013'';
       (B) in the heading for subsection (b)(2), by striking 
     ``november 30, 2010'' and inserting ``january 3, 2013''; and
       (C) in subsection (b)(3), by striking ``April 30, 2011'' 
     and inserting ``June 8, 2013''.
       (2) 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 ``December 1, 2010'' each place it appears 
     and inserting ``January 2, 2013''; and
       (B) in subsection (c), by striking ``May 1, 2011'' and 
     inserting ``June 10, 2013''.
       (3) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``April 30, 2011'' and inserting ``June 
     9, 2013''.
       (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 (E), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (F) the following:
       ``(G) the amendments made by section 501(a)(1) of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010; and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Unemployment Compensation Extension Act of 2010 (Public Law 
     111-205).

     SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE 
                   EXTENDED BENEFIT PROGRAM.

       (a) Indicator.--Section 203(d) of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended, in the flush matter following 
     paragraph (2), by inserting after the first sentence the 
     following sentence: ``Effective with respect to compensation 
     for weeks of unemployment beginning after the date of 
     enactment of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (or, if later, 
     the date established pursuant to State law), and ending on or 
     before December 31, 2011, the State may by law provide that 
     the determination of whether there has been a state `on' or 
     `off' indicator beginning or ending any extended benefit 
     period shall be made under this subsection as if the word 
     `two' were `three' in subparagraph (1)(A).''.
       (b) Alternative Trigger.--Section 203(f) of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Effective with respect to compensation for weeks of 
     unemployment beginning after the date of enactment of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (or, if later, the date established 
     pursuant to State law), and ending on or before December 31, 
     2011, the State may by law provide that the determination of 
     whether there has been a state `on' or `off' indicator 
     beginning or ending any extended benefit period shall be made 
     under this subsection as if the word `either' were `any', the 
     word ``both'' were `all', and the figure `2' were `3' in 
     clause (1)(A)(ii).''.

     SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF 
                   UNEMPLOYMENT COMPENSATION DEBTS.

       (a) In General.--Section 6402(f)(3)(C), as amended by 
     section 801 of the Claims Resolution Act of 2010, is amended 
     by striking ``is not a covered unemployment compensation 
     debt'' and inserting ``is a covered unemployment compensation 
     debt''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in section 801 of the Claims 
     Resolution Act of 2010.

     SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF 
                   CONTINUED DUMPING AND SUBSIDY OFFSET.

       (a) In General.--Section 822(2)(A) of the Claims Resolution 
     Act of 2010 is amended by striking ``or'' and inserting 
     ``and''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the provisions of the 
     Claims Resolution Act of 2010.

     SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE 
                   RAILROAD UNEMPLOYMENT INSURANCE ACT.

       (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act, as added by section 2006 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) and as amended by section 9 of the Worker, 
     Homeownership, and Business Assistance Act of 2009 (Public 
     Law 111-92), is amended--
       (1) by striking ``June 30, 2010'' and inserting ``June 30, 
     2011''; and
       (2) by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Clarification on Authority to Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of additional extended unemployment benefits provided 
     under such section 2(c)(2)(D) by reason of the amendments 
     made by subsection (a) as well as to cover the cost of such 
     benefits provided under such section 2(c)(2)(D), as in effect 
     on the day before the date of the enactment of this Act.

                       TITLE VI--MAKING WORK PAY

     SEC. 601. MAKING WORK PAY CREDIT.

       (a) In General.--Section 36A(e) is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2012''.

[[Page S8909]]

       (b) Treatment of Possessions.--Section 1001(b)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``2009 and 2010'' both places it appears and 
     inserting ``2009, 2010, 2011, and 2012''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

     SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (b) Excise Tax Credits and Outlay Payments for Alternative 
     Fuel and Alternative Fuel Mixtures.--
       (1) Alternative fuel credit.--Paragraph (5) of section 
     6426(d) is amended by striking ``after December 31, 2009'' 
     and all that follows and inserting ``after--
       ``(A) September 30, 2014, in the case of liquefied 
     hydrogen,
       ``(B) December 31, 2010, in the case of fuels described in 
     subparagraph (A), (C), (F), or (G) of paragraph (2), and
       ``(C) December 31, 2009, in any other case.''.
       (2) Alternative fuel mixture credit.--Paragraph (3) of 
     section 6426(e) is amended by striking ``after December 31, 
     2009'' and all that follows and inserting ``after--
       ``(A) September 30, 2014, in the case of liquefied 
     hydrogen,
       ``(B) December 31, 2010, in the case of fuels described in 
     subparagraph (A), (C), (F), or (G) of subsection (d)(2), and
       ``(C) December 31, 2009, in any other case.''.
       (3) Payment authority.--
       (A) In general.--Paragraph (6) of section 6427(e) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting ``, and'', and by adding at the end the following 
     new subparagraph:
       ``(E) any alternative fuel or alternative fuel mixture (as 
     so defined) involving fuel described in subparagraph (A), 
     (C), (F), or (G) of section 6426(d)(2) sold or used after 
     December 31, 2010.''.
       (B) Conforming amendment.--Subparagraph (C) of section 
     6427(e)(6) is amended by inserting ``or (E)'' after 
     ``subparagraph (D)''.
       (c) Exclusion of Black Liquor From Credit Eligibility.--The 
     last sentence of section 6426(d)(2) is amended by striking 
     ``or biodiesel'' and inserting ``biodiesel, or any fuel 
     (including lignin, wood residues, or spent pulping liquors) 
     derived from the production of paper or pulp''.
       (d) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any biodiesel mixture credit 
     properly determined under section 6426(c) of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (e) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 702. CREDIT FOR REFINED COAL FACILITIES.

       (a) In General.--Subparagraph (B) of section 45(d)(8) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to facilities placed in service after December 
     31, 2009.

     SEC. 703. NEW ENERGY EFFICIENT HOME CREDIT.

       (a) In General.--Subsection (g) of section 45L is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to homes acquired after December 31, 2009.

     SEC. 704. EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR 
                   ALTERNATIVE FUEL AND ALTERNATIVE FUEL MIXTURES.

       (a) In General.--Sections 6426(d)(5), 6426(e)(3), and 
     6427(e)(6)(C) are each amended by striking ``December 31, 
     2009'' and inserting ``December 31, 2011''.
       (b) Exclusion of Black Liquor From Credit Eligibility.--The 
     last sentence of section 6426(d)(2) is amended by striking 
     ``or biodiesel'' and inserting ``biodiesel, or any fuel 
     (including lignin, wood residues, or spent pulping liquors) 
     derived from the production of paper or pulp''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any alternative fuel credit 
     or any alternative fuel mixture credit properly determined 
     under subsection (d) or (e) of section 6426 of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 705. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT 
                   FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR 
                   QUALIFIED ELECTRIC UTILITIES.

       (a) In General.--Paragraph (3) of section 451(i) is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions after December 31, 2009.

     SEC. 706. SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION 
                   FOR OIL AND GAS FROM MARGINAL WELLS.

       (a) In General.--Clause (ii) of section 613A(c)(6)(H) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 707. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 
                   IN LIEU OF TAX CREDITS.

       (a) In General.--Subsection (a) of section 1603 of division 
     B of the American Recovery and Reinvestment Act of 2009 is 
     amended--
       (1) in paragraph (1), by striking ``2009 or 2010'' and 
     inserting ``2009, 2010, or 2011'', and
       (2) in paragraph (2)--
       (A) by striking ``after 2010'' and inserting ``after 
     2011'', and
       (B) by striking ``2009 or 2010'' and inserting ``2009, 
     2010, or 2011''.
       (b) Conforming Amendment.--Subsection (j) of section 1603 
     of division B of such Act is amended by striking ``2011'' and 
     inserting ``2012''.

     SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS 
                   FUEL.

       (a) Extension of Income Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (1) of section 40(e) is 
     amended--
       (A) by striking ``December 31, 2010'' in subparagraph (A) 
     and inserting ``December 31, 2011'', and
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended by striking ``2010'' both places it 
     appears and inserting ``2011''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales and uses after December 31, 2010.
       (d) Extension of Additional Duties on Ethanol.--
       (1) In general.--Headings 9901.00.50 and 9901.00.52 of the 
     Harmonized Tariff Schedule of the United States are each 
     amended in the effective period column by striking ``1/1/
     2011'' and inserting ``1/1/2012''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.

     SEC. 709. ENERGY EFFICIENT APPLIANCE CREDIT.

       (a) Dishwashers.--Paragraph (1) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (A), 
     by striking the period at the end of subparagraph (B) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(C) $25 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 307 
     kilowatt hours per year and 5.0 gallons per cycle (5.5 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings),
       ``(D) $50 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 295 
     kilowatt hours per year and 4.25 gallons per cycle (4.75 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings), and
       ``(E) $75 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 280 
     kilowatt hours per year and 4 gallons per cycle (4.5 gallons 
     per cycle for dishwashers designed for greater than 12 place 
     settings).''.

[[Page S8910]]

       (b) Clothes Washers.--Paragraph (2) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $175 in the case of a top-loading clothes washer 
     manufactured in calendar year 2011 which meets or exceeds a 
     2.2 modified energy factor and does not exceed a 4.5 water 
     consumption factor, and
       ``(F) $225 in the case of a clothes washer manufactured in 
     calendar year 2011--
       ``(i) which is a top-loading clothes washer and which meets 
     or exceeds a 2.4 modified energy factor and does not exceed a 
     4.2 water consumption factor, or
       ``(ii) which is a front-loading clothes washer and which 
     meets or exceeds a 2.8 modified energy factor and does not 
     exceed a 3.5 water consumption factor.''.
       (c) Refrigerators.--Paragraph (3) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $150 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 30 percent less 
     energy than the 2001 energy conservation standards, and
       ``(F) $200 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 35 percent less 
     energy than the 2001 energy conservation standards.''.
       (d) Rebasing of Limitations.--
       (1) In general.--Paragraph (1) of section 45M(e) is 
     amended--
       (A) by striking ``$75,000,000'' and inserting 
     ``$25,000,000'', and
       (B) by striking ``December 31, 2007'' and inserting 
     ``December 31, 2010''.
       (2) Exception for certain refrigerators and clothes 
     washers.--Paragraph (2) of section 45M(e) is amended--
       (A) by striking ``subsection (b)(3)(D)'' and inserting 
     ``subsection (b)(3)(F)'', and
       (B) by striking ``subsection (b)(2)(D)'' and inserting 
     ``subsection (b)(2)(F)''.
       (3) Gross receipts limitation.--Paragraph (3) of section 
     45M(e) is amended by striking ``2 percent'' and inserting ``4 
     percent''.
       (e) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), and (c) shall apply to appliances produced after 
     December 31, 2010.
       (2) Limitations.--The amendments made by subsection (d) 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 710. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension.--Section 25C(g)(2) is amended by striking 
     ``2010'' and inserting ``2011''.
       (b) Return to Pre-ARRA Limitations and Standards.--
       (1) In general.--Subsections (a) and (b) of section 25C are 
     amended to read as follows:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) 10 percent of the amount paid or incurred by the 
     taxpayer for qualified energy efficiency improvements 
     installed during such taxable year, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.
       ``(b) Limitations.--
       ``(1) Lifetime limitation.--The credit allowed under this 
     section with respect to any taxpayer for any taxable year 
     shall not exceed the excess (if any) of $500 over the 
     aggregate credits allowed under this section with respect to 
     such taxpayer for all prior taxable years ending after 
     December 31, 2005.
       ``(2) Windows.--In the case of amounts paid or incurred for 
     components described in subsection (c)(2)(B) by any taxpayer 
     for any taxable year, the credit allowed under this section 
     with respect to such amounts for such year shall not exceed 
     the excess (if any) of $200 over the aggregate credits 
     allowed under this section with respect to such amounts for 
     all prior taxable years ending after December 31, 2005.
       ``(3) Limitation on residential energy property 
     expenditures.--The amount of the credit allowed under this 
     section by reason of subsection (a)(2) shall not exceed--
       ``(A) $50 for any advanced main air circulating fan,
       ``(B) $150 for any qualified natural gas, propane, or oil 
     furnace or hot water boiler, and
       ``(C) $300 for any item of energy-efficient building 
     property.''.
       (2) Modification of standards.--
       (A) In general.--Paragraph (1) of section 25C(c) is amended 
     by striking ``2000'' and all that follows through ``this 
     section'' and inserting ``2009 International Energy 
     Conservation Code, as such Code (including supplements) is in 
     effect on the date of the enactment of the American Recovery 
     and Reinvestment Tax Act of 2009''.
       (B) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is 
     amended by striking ``, as measured using a lower heating 
     value''.
       (C)  Oil furnaces and hot water boilers.--
       (i) In general.--Paragraph (4) of section 25C(d) is amended 
     to read as follows:
       ``(4) Qualified natural gas, propane, or oil furnace or hot 
     water boiler.--The term `qualified natural gas, propane, or 
     oil furnace or hot water boiler' means a natural gas, 
     propane, or oil furnace or hot water boiler which achieves an 
     annual fuel utilization efficiency rate of not less than 
     95.''.
       (ii) Conforming amendment.--Clause (ii) of section 
     25C(d)(2)(A) is amended to read as follows:
       ``(ii) a qualified natural gas, propane, or oil furnace or 
     hot water boiler, or''.
       (D) Exterior windows, doors, and skylights.--
       (i) In general.--Subsection (c) of section 25C is amended 
     by striking paragraph (4).
       (ii) Application of energy star standards.--Paragraph (1) 
     of section 25C(c) is amended by inserting ``an exterior 
     window, a skylight, an exterior door,'' after ``in the case 
     of'' in the matter preceding subparagraph (A).
       (E) Insulation.--Subparagraph (A) of section 25C(c)(2) is 
     amended by striking ``and meets the prescriptive criteria for 
     such material or system established by the 2009 International 
     Energy Conservation Code, as such Code (including 
     supplements) is in effect on the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009''.
       (3) Subsidized energy financing.--Subsection (e) of section 
     25C is amended by adding at the end the following new 
     paragraph:
       ``(3) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any property, there shall 
     not be taken into account expenditures which are made from 
     subsidized energy financing (as defined in section 
     48(a)(4)(C)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2010.

     SEC. 711. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

       (a) Extension of Credit.--Paragraph (2) of section 30C(g) 
     is amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2010.

     SEC. 712. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.

       (a) In General.--Subsection (d) of section 48C is amended 
     by adding at the end the following new paragraph:
       ``(6) Additional 2010 allocations.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this paragraph, the Secretary, in 
     consultation with the Secretary of Energy, shall establish a 
     program to consider and award certifications for qualified 
     investments eligible for credits under this section to 
     qualifying advanced energy project sponsors with respect to 
     applications received on or after the date of the enactment 
     of this paragraph.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program described in subparagraph (A) 
     shall not exceed the 2010 allocation amount reduced by so 
     much of the 2010 allocation amount as is taken into account 
     as an increase in the limitation described in paragraph 
     (1)(B).
       ``(C) Application of certain rules.--Rules similar to the 
     rules of paragraphs (2), (3), (4), and (5) shall apply for 
     purposes of the program described in subparagraph (A), except 
     that--
       ``(i) Certification.--Applicants shall have 2 years from 
     the date that the Secretary establishes such program to 
     submit applications.
       ``(ii) Selection criteria.--For purposes of paragraph 
     (3)(B)(i), the term `domestic job creation (both direct and 
     indirect)' means the creation of direct jobs in the United 
     States producing the property manufactured at the 
     manufacturing facility described under subsection 
     (c)(1)(A)(i), and the creation of indirect jobs in the 
     manufacturing supply chain for such property in the United 
     States.
       ``(iii) Review and redistribution.--The Secretary shall 
     conduct a separate review and redistribution under paragraph 
     (5) with respect to such program not later than 4 years after 
     the date of the enactment of this paragraph.
       ``(D) 2010 allocation amount.--For purposes of this 
     subsection, the term `2010 allocation amount' means 
     $5,000,000,000.
       ``(E) Direct payments.--In lieu of any qualifying advanced 
     energy project credit which would otherwise be determined 
     under this section with respect to an allocation to a 
     taxpayer under this paragraph, the Secretary shall, upon the 
     election of the taxpayer, make a grant to the taxpayer in the 
     amount of such credit as so determined. Rules similar to the 
     rules of section 50 shall apply with respect to any grant 
     made under this subparagraph.''.
       (b) Portion of 2010 Allocation Allocated Toward Pending 
     Applications Under Original Program.--Subparagraph (B) of 
     section 48C(d)(1) is amended by inserting ``(increased by so 
     much of the 2010 allocation amount (not in excess of 
     $1,500,000,000) as the Secretary determines necessary to make 
     allocations to qualified investments with respect to which 
     qualifying applications were submitted before the date of the 
     enactment of paragraph (6))'' after ``$2,300,000,000''.
       (c) Conforming Amendment.--Paragraph (2) of section 1324(b) 
     of title 31, United States Code, is amended by inserting 
     ``48C(d)(6)(E),'' after ``36C,''.

                   Subtitle B--Individual Tax Relief

     SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 
                   SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2009'' and inserting ``2009, 2010, 
     or 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

[[Page S8911]]

     SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE 
                   FOR CONSERVATION PURPOSES.

       (a) In General.--Clause (vi) of section 170(b)(1)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Contributions by Certain Corporate Farmers and 
     Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND 
                   RELATED EXPENSES.

       (a) In General.--Subsection (e) of section 222 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 
                   PLANS FOR CHARITABLE PURPOSES.

       (a) In General.--Subparagraph (F) of section 408(d)(8) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendment made by this section 
     shall apply to distributions made in taxable years beginning 
     after December 31, 2009.
       (2) Special rule.--For purposes of subsections (a)(6), 
     (b)(3), and (d)(8) of section 408 of the Internal Revenue 
     Code of 1986, at the election of the taxpayer (at such time 
     and in such manner as prescribed by the Secretary of the 
     Treasury) any qualified charitable distribution made after 
     December 31, 2010, and before February 1, 2011, shall be 
     deemed to have been made on December 31, 2010.

     SEC. 726. LOOK-THRU OF CERTAIN REGULATED INVESTMENT COMPANY 
                   STOCK IN DETERMINING GROSS ESTATE OF 
                   NONRESIDENTS.

       (a) In General.--Paragraph (3) of section 2105(d) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to estates of decedents dying after December 31, 
     2009.

     SEC. 727. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
                   PROVIDED MASS TRANSIT AND PARKING BENEFITS.

       (a) In General.--Paragraph (2) of section 132(f) is amended 
     by striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months after December 31, 2010.

     SEC. 728. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       (a) In General.--Subchapter A of chapter 65 is amended by 
     adding at the end the following new section:

     ``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, any refund (or advance payment with respect to a 
     refundable credit) made to any individual under this title 
     shall not be taken into account as income, and shall not be 
     taken into account as resources for a period of 12 months 
     from receipt, for purposes of determining the eligibility of 
     such individual (or any other individual) for benefits or 
     assistance (or the amount or extent of benefits or 
     assistance) under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.
       ``(b) Termination.--Subsection (a) shall not apply to any 
     amount received after December 31, 2012.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

``Sec. 6409. Refunds disregarded in the administration of Federal 
              programs and federally assisted programs.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2009.

                    Subtitle C--Business Tax Relief

     SEC. 731. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 732. INDIAN EMPLOYMENT TAX CREDIT.

       (a) In General.--Subsection (f) of section 45A is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 733. NEW MARKETS TAX CREDIT.

       (a) In General.--Paragraph (1) of section 45D(f) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E),
       (2) by striking the period at the end of subparagraph (F), 
     and
       (3) by adding at the end the following new subparagraph:
       ``(G) $3,500,000,000 for 2010 and 2011.''.
       (b) Conforming Amendment.--Paragraph (3) of section 45D(f) 
     is amended by striking ``2014'' and inserting ``2016''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after 2009.

     SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT.

       (a) In General.--Subsection (f) of section 45G is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2009.

     SEC. 735. MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Subsection (e) of section 45N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE 
                   DUTY MEMBERS OF THE UNIFORMED SERVICES.

       (a) In General.--Subsection (f) of section 45P is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after December 31, 2009.

     SEC. 737. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED 
                   LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT 
                   BUILDINGS AND IMPROVEMENTS, AND QUALIFIED 
                   RETAIL IMPROVEMENTS.

       (a) In General.--Clauses (iv), (v), and (ix) of section 
     168(e)(3)(E) are each amended by striking ``January 1, 2010'' 
     and inserting ``January 1, 2012''.
       (b) Conforming Amendments.--
       (1) Clause (i) of section 168(e)(7)(A) is amended by 
     striking ``if such building is placed in service after 
     December 31, 2008, and before January 1, 2010,''.
       (2) Paragraph (8) of section 168(e) is amended by striking 
     subparagraph (E).
       (3) Section 179(f)(2) is amended--
       (A) by striking ``(without regard to the dates specified in 
     subparagraph (A)(i) thereof)'' in subparagraph (B), and
       (B) by striking ``(without regard to subparagraph (E) 
     thereof)'' in subparagraph (C).
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 738. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS 
                   ENTERTAINMENT COMPLEXES.

       (a) In General.--Subparagraph (D) of section 168(i)(15) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 739. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   AN INDIAN RESERVATION.

       (a) In General.--Paragraph (8) of section 168(j) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) In General.--Clause (iv) of section 170(e)(3)(C) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 741. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   BOOK INVENTORIES TO PUBLIC SCHOOLS.

       (a) In General.--Clause (iv) of section 170(e)(3)(D) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 742. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE 
                   CONTRIBUTIONS OF COMPUTER INVENTORY FOR 
                   EDUCATIONAL PURPOSES.

       (a) In General.--Subparagraph (G) of section 170(e)(6) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 743. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

       (a) In General.--Subsection (g) of section 179E is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 744. SPECIAL EXPENSING RULES FOR CERTAIN FILM AND 
                   TELEVISION PRODUCTIONS.

       (a) In General.--Subsection (f) of section 181 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.

[[Page S8912]]

       (b) Effective Date.--The amendment made by this section 
     shall apply to productions commencing after December 31, 
     2009.

     SEC. 745. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Subsection (h) of section 198 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2009.

     SEC. 746. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME 
                   ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES 
                   IN PUERTO RICO.

       (a) In General.--Subparagraph (C) of section 199(d)(8) is 
     amended--
       (1) by striking ``first 4 taxable years'' and inserting 
     ``first 6 taxable years''; and
       (2) by striking ``January 1, 2010'' and inserting ``January 
     1, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 747. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 
                   TO CONTROLLING EXEMPT ORGANIZATIONS.

       (a) In General.--Clause (iv) of section 512(b)(13)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments received or accrued after December 
     31, 2009.

     SEC. 748. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       (a) In General.--Paragraphs (1)(C) and (2)(C) of section 
     871(k) are each amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 749. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER 
                   FIRPTA.

       (a) In General.--Clause (ii) of section 897(h)(4)(A) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect on January 1, 2010. Notwithstanding the preceding 
     sentence, such amendment shall not apply with respect to the 
     withholding requirement under section 1445 of the Internal 
     Revenue Code of 1986 for any payment made before the date of 
     the enactment of this Act.
       (2) Amounts withheld on or before date of enactment.--In 
     the case of a regulated investment company--
       (A) which makes a distribution after December 31, 2009, and 
     before the date of the enactment of this Act; and
       (B) which would (but for the second sentence of paragraph 
     (1)) have been required to withhold with respect to such 
     distribution under section 1445 of such Code,

     such investment company shall not be liable to any person to 
     whom such distribution was made for any amount so withheld 
     and paid over to the Secretary of the Treasury.

     SEC. 750. EXCEPTIONS FOR ACTIVE FINANCING INCOME.

       (a) In General.--Sections 953(e)(10) and 954(h)(9) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Conforming Amendment.--Section 953(e)(10) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 751. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED 
                   CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN 
                   PERSONAL HOLDING COMPANY RULES.

       (a) In General.--Subparagraph (C) of section 954(c)(6) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 752. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING 
                   CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) In General.--Paragraph (2) of section 1367(a) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 753. EMPOWERMENT ZONE TAX INCENTIVES.

       (a) In General.--Section 1391 is amended--
       (1) by striking ``December 31, 2009'' in subsection 
     (d)(1)(A)(i) and inserting ``December 31, 2011''; and
       (2) by striking the last sentence of subsection (h)(2).
       (b) Increased Exclusion of Gain on Stock of Empowerment 
     Zone Businesses.--Subparagraph (C) of section 1202(a)(2) is 
     amended--
       (1) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (2) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (c) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of an empowerment 
     zone the nomination for which included a termination date 
     which is contemporaneous with the date specified in 
     subparagraph (A)(i) of section 1391(d)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation if, after the date of the 
     enactment of this section, the entity which made such 
     nomination amends the nomination to provide for a new 
     termination date in such manner as the Secretary of the 
     Treasury (or the Secretary's designee) may provide.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2009.

     SEC. 754. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) In General.--Subsection (f) of section 1400 is amended 
     by striking ``December 31, 2009'' each place it appears and 
     inserting ``December 31, 2011''.
       (b) Tax-exempt DC Empowerment Zone Bonds.--Subsection (b) 
     of section 1400A is amended by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011''.
       (c) Zero-percent Capital Gains Rate.--
       (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), 
     (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (2) Limitation on period of gains.--
       (A) In general.--Paragraph (2) of section 1400B(e) is 
     amended--
       (i) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (ii) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (B) Partnerships and s-corps.--Paragraph (2) of section 
     1400B(g) is amended by striking ``December 31, 2014'' and 
     inserting ``December 31, 2016''.
       (d) First-time Homebuyer Credit.--Subsection (i) of section 
     1400C is amended by striking ``January 1, 2010'' and 
     inserting ``January 1, 2012''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to periods after December 31, 2009.
       (2) Tax-exempt dc empowerment zone bonds.--The amendment 
     made by subsection (b) shall apply to bonds issued after 
     December 31, 2009.
       (3) Acquisition dates for zero-percent capital gains 
     rate.--The amendments made by subsection (c) shall apply to 
     property acquired or substantially improved after December 
     31, 2009.
       (4) Homebuyer credit.--The amendment made by subsection (d) 
     shall apply to homes purchased after December 31, 2009.

     SEC. 755. TEMPORARY INCREASE IN LIMIT ON COVER OVER OF RUM 
                   EXCISE TAXES TO PUERTO RICO AND THE VIRGIN 
                   ISLANDS.

       (a) In General.--Paragraph (1) of section 7652(f) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distilled spirits brought into the United 
     States after December 31, 2009.

     SEC. 756. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

       (a) In General.--Subsection (d) of section 119 of division 
     A of the Tax Relief and Health Care Act of 2006 is amended--
       (1) by striking ``first 4 taxable years'' and inserting 
     ``first 6 taxable years'', and
       (2) by striking ``January 1, 2010'' and inserting ``January 
     1, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 757. WORK OPPORTUNITY CREDIT.

       (a) In General.--Subparagraph (B) of section 51(c)(4) is 
     amended by striking ``August 31, 2011'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.

     SEC. 758. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Section 54E(c)(1) is amended--
       (1) by striking ``2008 and'' and inserting ``2008,'', and
       (2) by inserting ``and $400,000,000 for 2011'' after 
     ``2010,''.
       (b) Repeal of Refundable Credit for QZABs.--Paragraph (3) 
     of section 6431(f) is amended by inserting ``determined 
     without regard to any allocation relating to the national 
     zone academy bond limitation for 2011 or any carryforward of 
     such allocation'' after ``54E)'' in subparagraph (A)(iii).
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2010.

     SEC. 759. MORTGAGE INSURANCE PREMIUMS.

       (a) In General.--Clause (iv) of section 163(h)(3)(E) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2010.

     SEC. 760. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON 
                   CERTAIN SMALL BUSINESS STOCK.

       (a) In General.--Paragraph (4) of section 1202(a) is 
     amended--
       (1) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012'', and
       (2) by inserting ``and 2011'' after ``2010'' in the heading 
     thereof.
       (b) Effective Date.--The amendments made by this section 
     shall apply to stock acquired after December 31, 2010.

[[Page S8913]]

            Subtitle D--Temporary Disaster Relief Provisions

                     PART I--NEW YORK LIBERTY ZONE

     SEC. 761. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Subparagraph (D) of section 1400L(d)(2) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after December 31, 2009.

                            PART II--GO ZONE

     SEC. 762. INCREASE IN REHABILITATION CREDIT.

       (a) In General.--Subsection (h) of section 1400N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO 
                   ZONES.

       Section 1400N(c)(5) is amended by striking ``January 1, 
     2011'' and inserting ``January 1, 2012''.

     SEC. 764. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Paragraphs (2)(D) and (7)(C) of section 
     1400N(a) are each amended by striking ``January 1, 2011'' and 
     inserting ``January 1, 2012''.
       (b) Conforming Amendments.--Sections 702(d)(1) and 704(a) 
     of the Heartland Disaster Tax Relief Act of 2008 are each 
     amended by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2012''.

     SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO 
                   ZONE.

       (a) In General.--Paragraph (6) of section 1400N(d) is 
     amended--
       (1) by striking ``December 31, 2010'' both places it 
     appears in subparagraph (B) and inserting ``December 31, 
     2011'', and
       (2) by striking ``January 1, 2010'' in the heading and the 
     text of subparagraph (D) and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

          Subtitle E--Extension of Health Coverage Improvement

     SEC. 771. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.

       (a) In General.--Section 35(a) is amended by striking 
     ``January 1, 2011'' and inserting ``January 1, 2012''.
       (b) Conforming Amendment.--Section 7527(b) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to coverage months beginning after December 31, 
     2010.

     SEC. 772. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO 
                   COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT.

       (a) In General.--Section 7527(e) is amended by striking 
     ``January 1, 2011'' and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coverage months beginning after December 31, 
     2010.

     SEC. 773. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS 
                   ELIGIBLE FOR CREDIT.

       (a) In General.--Section 35(c)(2)(B) is amended by striking 
     ``January 1, 2011'' and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coverage months beginning after December 31, 
     2010.

     SEC. 774. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF 
                   DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN 
                   CREDITABLE COVERAGE.

       (a) IRC Amendment.--Section 9801(c)(2)(D) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1181(c)(2)(C)) is amended by striking ``January 1, 2011'' and 
     inserting ``January 1, 2012''.
       (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public 
     Health Service Act (42 U.S.C. 300gg(c)(2)(C)) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2010.

     SEC. 775. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER 
                   CERTAIN EVENTS.

       (a) In General.--Section 35(g)(9) is amended by striking 
     ``January 1, 2011'' and inserting ``January 1, 2012''.
       (b) Conforming Amendment.--Section 173(f)(8) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2012''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2010.

     SEC. 776. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-
                   ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS.

       (a) ERISA Amendments.--
       (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1162(2)(A)(v)) is amended by striking ``December 31, 2010'' 
     and inserting ``December 31, 2011''.
       (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of 
     such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2011''.
       (b) IRC Amendments.--
       (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) TAA-eligible individuals.--Section 
     4980B(f)(2)(B)(i)(VI) is amended by striking ``December 31, 
     2010'' and inserting ``December 31, 2011''.
       (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public 
     Health Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended 
     by striking ``December 31, 2010'' and inserting ``December 
     31, 2011''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods of coverage which would (without 
     regard to the amendments made by this section) end on or 
     after December 31, 2010.

     SEC. 777. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' 
                   BENEFICIARY ASSOCIATIONS.

       (a) In General.--Section 35(e)(1)(K) is amended by striking 
     ``January 1, 2011'' and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coverage months beginning after December 31, 
     2010.

     SEC. 778. NOTICE REQUIREMENTS.

       (a) In General.--Section 7527(d)(2) is amended by striking 
     ``January 1, 2011'' and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to certificates issued after December 31, 2010.

                     Subtitle F--Bonus Depreciation

     SEC. 781. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 
                   PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.

       (a) In General.--Paragraph (2) of section 168(k) is 
     amended--
       (1) by striking ``January 1, 2012'' in subparagraph (A)(iv) 
     and inserting ``January 1, 2014'', and
       (2) by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2013''.
       (b) Temporary 100 Percent Expensing.--Subsection (k) of 
     section 168 is amended by adding at the end the following new 
     paragraph:
       ``(5) Special rule for property acquired during certain 
     pre-2012 periods.--In the case of qualified property acquired 
     by the taxpayer (under rules similar to the rules of clauses 
     (ii) and (iii) of paragraph (2)(A)) after September 8, 2010, 
     and before January 1, 2012, and which is placed in service by 
     the taxpayer before January 1, 2012 (January 1, 2013, in the 
     case of property described in subparagraph (2)(B) or (2)(C)), 
     paragraph (1)(A) shall be applied by substituting `100 
     percent' for `50 percent'.''.
       (c) Extension of Election to Accelerate the AMT Credit in 
     Lieu of Bonus Depreciation.--
       (1) Extension.--Clause (iii) of section 168(k)(4)(D) is 
     amended by striking ``or production'' and all that follows 
     and inserting ``or production--

       ``(I) after March 31, 2008, and before January 1, 2010, and
       ``(II) after December 31, 2010, and before January 1, 2013,

     shall be taken into account under subparagraph (B)(ii) 
     thereof,''.
       (2) Rules for round 2 extension property.--Paragraph (4) of 
     section 168(k) is amended by adding at the end the following 
     new subparagraph:
       ``(I) Special rules for round 2 extension property.--
       ``(i) In general.--In the case of round 2 extension 
     property, this paragraph shall be applied without regard to--

       ``(I) the limitation described in subparagraph (B)(i) 
     thereof, and
       ``(II) the business credit increase amount under 
     subparagraph (E)(iii) thereof.

       ``(ii) Taxpayers previously electing acceleration.--In the 
     case of a taxpayer who made the election under subparagraph 
     (A) for its first taxable year ending after March 31, 2008, 
     or a taxpayer who made the election under subparagraph 
     (H)(ii) for its first taxable year ending after December 31, 
     2008--

       ``(I) the taxpayer may elect not to have this paragraph 
     apply to round 2 extension property, but
       ``(II) if the taxpayer does not make the election under 
     subclause (I), in applying this paragraph to the taxpayer the 
     bonus depreciation amount, maximum amount, and maximum 
     increase amount shall be computed and applied to eligible 
     qualified property which is round 2 extension property.

     The amounts described in subclause (II) shall be computed 
     separately from any amounts computed with respect to eligible 
     qualified property which is not round 2 extension property.
       ``(iii) Taxpayers not previously electing acceleration.--In 
     the case of a taxpayer who neither made the election under 
     subparagraph (A) for its first taxable year ending after 
     March 31, 2008, nor made the election under subparagraph 
     (H)(ii) for its first taxable year ending after December 31, 
     2008--

       ``(I) the taxpayer may elect to have this paragraph apply 
     to its first taxable year ending after December 31, 2010, and 
     each subsequent taxable year, and
       ``(II) if the taxpayer makes the election under subclause 
     (I), this paragraph shall only apply to eligible qualified 
     property which is round 2 extension property.

       ``(iv) Round 2 extension property.--For purposes of this 
     subparagraph, the term `round 2 extension property' means 
     property which is eligible qualified property solely by 
     reason of the extension of the application of the special 
     allowance under paragraph (1) pursuant to the amendments made 
     by section 401(a) of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (and the 
     application of such extension to this paragraph pursuant to 
     the

[[Page S8914]]

     amendment made by section 401(c)(1) of such Act).''.
       (d) Conforming Amendments.--
       (1) The heading for subsection (k) of section 168 is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2013''.
       (2) The heading for clause (ii) of section 168(k)(2)(B) is 
     amended by striking ``pre-january 1, 2011'' and inserting 
     ``pre-january 1, 2013''.
       (3) Subparagraph (D) of section 168(k)(4) is amended--
       (A) by striking clauses (iv) and (v),
       (B) by inserting ``and'' at the end of clause (ii), and
       (C) by striking the comma at the end of clause (iii) and 
     inserting a period.
       (4) Paragraph (5) of section 168(l) is amended--
       (A) by inserting ``and'' at the end of subparagraph (A),
       (B) by striking subparagraph (B), and
       (C) by redesignating subparagraph (C) as subparagraph (B).
       (5) Subparagraph (C) of section 168(n)(2) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (6) Subparagraph (D) of section 1400L(b)(2) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (7) Subparagraph (B) of section 1400N(d)(3) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to property 
     placed in service after December 31, 2010, in taxable years 
     ending after such date.
       (2) Temporary 100 percent expensing.--The amendment made by 
     subsection (b) shall apply to property placed in service 
     after September 8, 2010, in taxable years ending after such 
     date.

                 TITLE VIII--INFRASTRUCTURE INVESTMENT

     SEC. 801. EXTENSION OF BUILD AMERICA BONDS.

       (a) In General.--Subparagraph (B) of section 54AA(d)(1) is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2012''.
       (b) Extension of Payments to Issuers.--
       (1) In general.--Section 6431 is amended--
       (A) by striking ``January 1, 2011'' in subsection (a) and 
     inserting ``January 1, 2012''; and
       (B) by striking ``January 1, 2011'' in subsection (f)(1)(B) 
     and inserting ``a particular date''.
       (2) Conforming amendments.--Subsection (g) of section 54AA 
     is amended--
       (A) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012''; and
       (B) by striking ``Qualified Bonds Issued Before 2011'' in 
     the heading and inserting ``Certain Qualified Bonds''.
       (c) Reduction in Percentage of Payments to Issuers.--
     Subsection (b) of section 6431 is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (2) by striking ``35 percent'' and inserting ``the 
     applicable percentage''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Applicable percentage.--For purposes of this 
     subsection, the term `applicable percentage' means the 
     percentage determined in accordance with the following table:


------------------------------------------------------------------------
 ``In the case of a qualified bond issued     The applicable percentage
           during calendar year:                         is:
------------------------------------------------------------------------
2009 or 2010..............................  35 percent
2011......................................  32 percent.''.
------------------------------------------------------------------------

       (d) Current Refundings Permitted.--Subsection (g) of 
     section 54AA is amended by adding at the end the following 
     new paragraph:
       ``(3) Treatment of current refunding bonds.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified bond' includes any bond (or series of bonds) 
     issued to refund a qualified bond if--
       ``(i) the average maturity date of the issue of which the 
     refunding bond is a part is not later than the average 
     maturity date of the bonds to be refunded by such issue,
       ``(ii) the amount of the refunding bond does not exceed the 
     outstanding amount of the refunded bond, and
       ``(iii) the refunded bond is redeemed not later than 90 
     days after the date of the issuance of the refunding bond.
       ``(B) Applicable percentage.--In the case of a refunding 
     bond referred to in subparagraph (A), the applicable 
     percentage with respect to such bond under section 6431(b) 
     shall be the lowest percentage specified in paragraph (2) of 
     such section.
       ``(C) Determination of average maturity.--For purposes of 
     subparagraph (A)(i), average maturity shall be determined in 
     accordance with section 147(b)(2)(A).''.

     SEC. 802. EXTENSION AND ADDITIONAL ALLOCATIONS OF RECOVERY 
                   ZONE BOND AUTHORITY.

       (a) Extension of Recovery Zone Bond Authority.--Section 
     1400U-2(b)(1) and section 1400U-3(b)(1)(B) are each amended 
     by striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) Additional Allocations of Recovery Zone Bond Authority 
     Based on Unemployment.--Section 1400U-1 is amended by adding 
     at the end the following new subsection:
       ``(c) Allocation of 2010 Recovery Zone Bond Limitations 
     Based on Unemployment.--
       ``(1) In general.--The Secretary shall allocate the 2010 
     national recovery zone economic development bond limitation 
     and the 2010 national recovery zone facility bond limitation 
     among the States in the proportion that each such State's 
     2009 unemployment number bears to the aggregate of the 2009 
     unemployment numbers for all of the States.
       ``(2) Minimum allocation.--The Secretary shall adjust the 
     allocations under paragraph (1) for each State to the extent 
     necessary to ensure that no State (prior to any reduction 
     under paragraph (3)) receives less than 0.9 percent of the 
     2010 national recovery zone economic development bond 
     limitation and 0.9 percent of the 2010 national recovery zone 
     facility bond limitation.
       ``(3) Allocations by states.--
       ``(A) In general.--Each State with respect to which an 
     allocation is made under paragraph (1) shall reallocate such 
     allocation among the counties and large municipalities (as 
     defined in subsection (a)(3)(B)) in such State in the 
     proportion that each such county's or municipality's 2009 
     unemployment number bears to the aggregate of the 2009 
     unemployment numbers for all the counties and large 
     municipalities (as so defined) in such State.
       ``(B) 2010 allocation reduced by amount of previous 
     allocation.--Each State shall reduce (but not below zero)--
       ``(i) the amount of the 2010 national recovery zone 
     economic development bond limitation allocated to each county 
     or large municipality (as so defined) in such State by the 
     amount of the national recovery zone economic development 
     bond limitation allocated to such county or large 
     municipality under subsection (a)(3)(A) (determined without 
     regard to any waiver thereof), and
       ``(ii) the amount of the 2010 national recovery zone 
     facility bond limitation allocated to each county or large 
     municipality (as so defined) in such State by the amount of 
     the national recovery zone facility bond limitation allocated 
     to such county or large municipality under subsection 
     (a)(3)(A) (determined without regard to any waiver thereof).
       ``(C) Waiver of suballocations.--A county or municipality 
     may waive any portion of an allocation made under this 
     paragraph. A county or municipality shall be treated as 
     having waived any portion of an allocation made under this 
     paragraph which has not been allocated to a bond issued 
     before May 1, 2011. Any allocation waived (or treated as 
     waived) under this subparagraph may be used or reallocated by 
     the State.
       ``(D) Special rule for a municipality in a county.--In the 
     case of any large municipality any portion of which is in a 
     county, such portion shall be treated as part of such 
     municipality and not part of such county.
       ``(4) 2009 unemployment number.--For purposes of this 
     subsection, the term `2009 unemployment number' means, with 
     respect to any State, county or municipality, the number of 
     individuals in such State, county, or municipality who were 
     determined to be unemployed by the Bureau of Labor Statistics 
     for December 2009.
       ``(5) 2010 national limitations.--
       ``(A) Recovery zone economic development bonds.--The 2010 
     national recovery zone economic development bond limitation 
     is $10,000,000,000. Any allocation of such limitation under 
     this subsection shall be treated for purposes of section 
     1400U-2 in the same manner as an allocation of national 
     recovery zone economic development bond limitation.
       ``(B) Recovery zone facility bonds.--The 2010 national 
     recovery zone facility bond limitation is $15,000,000,000. 
     Any allocation of such limitation under this subsection shall 
     be treated for purposes of section 1400U-3 in the same manner 
     as an allocation of national recovery zone facility bond 
     limitation.''.
       (c) Authority of State to Waive Certain 2009 Allocations.--
     Subparagraph (A) of section 1400U-1(a)(3) is amended by 
     adding at the end the following: ``A county or municipality 
     shall be treated as having waived any portion of an 
     allocation made under this subparagraph which has not been 
     allocated to a bond issued before May 1, 2011. Any allocation 
     waived (or treated as waived) under this subparagraph may be 
     used or reallocated by the State.''.

                 TITLE IX--NATIONAL INFRASTRUCTURE BANK

     SEC. 901. DEFINITIONS.

       In this title, the following definitions shall apply:
       (1) Bank.--The term ``Bank'' means the ``National 
     Infrastructure Bank'' established under section 911.
       (2) Board.--The term ``Board'' means the board of directors 
     of the Bank, established under section 912.
       (3) Chairperson; vice chairperson.--The terms 
     ``Chairperson'' and ``Vice Chairperson'' mean the Chairperson 
     and Vice Chairperson of the Board, respectively.
       (4) Financing mechanism.--
       (A) In general.--The term ``financing mechanism'' means a 
     method used by the Bank to pledge the full faith and credit 
     of the United States to provide money, credit, or other 
     capital to a qualified infrastructure project.
       (B) Inclusions.--The term ``financing mechanism'' 
     includes--
       (i) a direct subsidy;
       (ii) a general purpose infrastructure bond; and
       (iii) a project-based infrastructure bond.
       (5) Financing package.--The term ``financing package'' 
     means 1 or more financing

[[Page S8915]]

     mechanisms used by the Bank to meet the Federal commitment 
     for a qualified infrastructure project.
       (6) General purpose infrastructure bond.--The term 
     ``general purpose infrastructure bond'' means a bond issued 
     as part of an issue in accordance with this title, if--
       (A) the net spendable proceeds from the sale of the issue 
     may be used for expenditures incurred after the date of 
     issuance with respect to any qualified infrastructure project 
     or purpose, subject to the rules of the Bank;
       (B) the bond is issued by the Bank, is in registered form, 
     and meets the requirements of this title and otherwise 
     applicable law;
       (C) the term of each bond which is part of the issue is 
     greater than 30 years; and
       (D) the payment of principal with respect to the bond is 
     the obligation of the Bank.
       (7) Infrastructure project.--The term ``infrastructure 
     project'' means the building, improvement, or increase in 
     capacity of a basic installation, facility, asset, or stock 
     that is associated with--
       (A) a mass transit system;
       (B) a road or bridge; or
       (C) a drinking water system or a wastewater system.
       (8) Project-based infrastructure bond.--The term ``project-
     based infrastructure bond'' means any bond issued as part of 
     an issue, if--
       (A) the net spendable proceeds from the sale of the issue 
     are to be used for expenditures incurred after the date of 
     issuance only with respect to the qualified infrastructure 
     project for which the bond is issued;
       (B) the bond is issued by the Bank, meets the requirements 
     of section 149(a) of title 26, United States Code, for 
     registration, and otherwise meets the requirements of this 
     title and other applicable law;
       (C) the term of each bond which is part of the issue is 
     equal to the useful life of the qualified infrastructure 
     project funded through use of the bond; and
       (D) the payment of principal with respect to the bond is 
     the obligation of the Bank.
       (9) Public sponsor.--The term ``public sponsor'' includes a 
     State or local government, an Indian tribe (as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b), a public transit agency, 
     public housing agency, a public infrastructure agency, or a 
     consortium of those entities, including a public entity that 
     has partnered with a private nonprofit or for-profit entity.
       (10) Qualified infrastructure project.--The term 
     ``qualified infrastructure project'' means an infrastructure 
     project designated by the Board as a qualified infrastructure 
     project in accordance with section 922.

     SEC. 902. APPROPRIATIONS.

       Until such time as the Bank has received funds from the 
     issuance of bonds sufficient to carry out this title and the 
     administration of the Bank, there are authorized to be 
     appropriated and are hereby appropriated to the Bank, 
     $6,000,000,000, to remain available until expended.

                Subtitle A--National Infrastructure Bank

     SEC. 911. ESTABLISHMENT OF BANK.

       There is established the ``National Infrastructure Bank'', 
     which shall be an independent establishment of the Federal 
     Government, as defined in section 104 of title 5, United 
     States Code.

     SEC. 912. MANAGEMENT OF BANK.

       (a) Board of Directors.--
       (1) In general.--The management of the Bank shall be vested 
     in a Board of Directors consisting of 5 members, appointed by 
     the President, by and with the advice and consent of the 
     Senate, from among individuals who are citizens of the United 
     States.
       (2) Member expertise.--Not fewer than 1 member of the Board 
     shall have demonstrated expertise in--
       (A) transit infrastructure;
       (B) road and bridge infrastructure;
       (C) water infrastructure; or
       (D) public finance.
       (3) Political affiliation.--Section 2(a)(2) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1812(a)(2) shall apply to 
     members of the Board of Directors of the Bank in the same 
     manner as it applies to the Board of Directors of the Federal 
     Deposit Insurance Corporation.
       (4) Meetings.--The Board shall meet not later than 90 days 
     after the date on which all directors of the Board are first 
     appointed, and otherwise at the call of the Chairperson.
       (5) Date of appointments.--The initial nominations to the 
     Board shall be made not later than 60 days after the date of 
     enactment of this Act.
       (b) Chairperson and Vice Chairperson.--The Chairperson and 
     Vice Chairperson of the Board shall be appointed and shall 
     serve in the same manner as is provided for members of the 
     Federal Deposit Insurance Corporation under section 2(b) of 
     the Federal Deposit Insurance Act (12 U.S.C. 1812(b)).
       (c) Terms.--
       (1) Appointed members.--Except as provided in paragraph 
     (2), each member of the Board shall be appointed for a term 
     of 6 years.
       (2) Initial staggered terms.--Of the initial members of the 
     Board--
       (A) the Chairperson and Vice Chairperson shall be appointed 
     for a term of 6 years;
       (B) 1 member shall be appointed for a term of 5 years;
       (C) 1 member shall be appointed for a term of 4 years; and
       (D) 1 member shall be appointed for a term of 3 years.
       (3) Interim appointments.--Any member of the Board 
     appointed to fill a vacancy occurring before the expiration 
     of the term for which the predecessor of such member was 
     appointed shall be appointed only for the remainder of such 
     term.
       (4) Continuation of service.--The Chairperson, Vice 
     Chairperson, and each other member of the Board may continue 
     to serve after the expiration of the term of office to which 
     such member was appointed, until a successor has been 
     appointed.
       (d) Vacancy.--Any vacancy on the Board shall be filled in 
     the manner in which the original appointment was made.
       (e) Ineligibility for Other Offices.--
       (1) Restriction during service.--No member of the Board 
     may, during service on the Board--
       (A) be an officer or director of, or otherwise be employed 
     by, any entity engaged in or otherwise associated with an 
     infrastructure project assisted or considered under this 
     title;
       (B) hold stock in any such entity; or
       (C) hold any other elected or appointed public office.
       (2) Post service restriction.--
       (A) In general.--No member of the Board may hold any 
     office, position, or employment in any entity engaged in or 
     otherwise associated with an infrastructure project assisted 
     under this title during the 2-year period beginning on the 
     date on which such member ceases to serve on the Board.
       (B) Exception for members who serve full term.--The 
     limitation contained in subparagraph (A) does not apply to 
     any member who has ceased to serve on the Board after serving 
     the full term for which such member was appointed.
       (3) Certification.--Upon taking office, each member of the 
     Board shall certify under oath that such member has complied 
     with this subsection, and such certification shall be filed 
     with the secretary of the Board.

     SEC. 913. STAFF AND PERSONNEL MATTERS.

       (a) Executive Director.--
       (1) In general.--The Chairperson may appoint and terminate, 
     and fix the compensation of, an executive director of the 
     Bank, in accordance with title 5, United States Code.
       (2) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Board.
       (3) Qualifications of executive director.--An individual 
     appointed as the executive director under paragraph (1) shall 
     have demonstrated expertise in--
       (A) transit infrastructure;
       (B) road and bridge infrastructure;
       (C) water infrastructure; or
       (D) public finance.
       (b) Other Personnel.--The Board may appoint and terminate, 
     and fix the compensation of, in accordance with title 5, 
     United States Code, such personnel as are necessary to enable 
     the Bank to perform the duties of the Bank.
       (c) Inspector General.--
       (1) In general.--Section 11 of the Inspector General Act of 
     1978 (5 U.S.C. App.) is amended--
       (A) in paragraph (1), by inserting ``the Chairperson of the 
     National Infrastructure Bank;'' after ``the Chairperson of 
     the Federal Deposit Insurance Corporation;''; and
       (B) in paragraph (2), by inserting ``the National 
     Infrastructure Bank;'' after ``the Federal Deposit Insurance 
     Corporation;''.
       (2) Executive schedule level iv.--Section 5315 of title 5, 
     United States Code, is amended by inserting after the item 
     relating to the Inspector General of the Federal Deposit 
     Insurance Corporation, the following:
       ``Inspector General, National Infrastructure Bank.''.
       (d) Support From Other Agencies.--The head of any other 
     Federal agency may detail employees to the Bank for purposes 
     of carrying out the duties of the Bank.
       (e) Compensation of Board Members.--
       (1) Chairperson.--Section 5314 of title 5, United States 
     Code, is amended by inserting after the item relating to the 
     Chairman of the Board of Directors of the Federal Deposit 
     Insurance Corporation, the following:
       ``Chairperson, Board of Directors, National Infrastructure 
     Bank.''.
       (2) Other members.--Section 5315 of title 5, United States 
     Code, is amended by inserting after the item relating to the 
     Inspector General of the Federal Deposit Insurance 
     Corporation, the following:
       ``Member, Board of Directors of the National Infrastructure 
     Bank.''.

               Subtitle B--Powers and Duties of the Bank

     SEC. 921. POWERS OF THE BANK BOARD.

       (a) Hearings.--The Board may, in carrying out this title--
       (1) hold such hearings, meet and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths, as the Board considers advisable; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials, as the Board considers advisable.
       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--A subpoena issued under subsection (a) 
     shall--
       (A) bear the signature of the Chairperson and a majority of 
     the members of the Board; and
       (B) be served by any person or class of persons designated 
     by the Chairperson for that purpose.

[[Page S8916]]

       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a)(2), the United 
     States district court for the district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring the person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence.
       (3) Noncompliance.--Any failure to obey the order of the 
     court may be punished by the court as a contempt of court.
       (c) Witness Allowances and Fees.--
       (1) In general.--Section 1821 of title 28, United States 
     Code, shall apply to a witness requested or subpoenaed to 
     appear at a hearing of the Board.
       (2) Expenses.--The per diem and mileage allowances for a 
     witness shall be paid from funds available to pay the 
     expenses of the Board.
       (d) Information From Federal Agencies.--The Board may, upon 
     request, secure directly from a Federal agency, such 
     information as the Board considers necessary to carry out 
     this title, and the head of such agency shall promptly 
     respond to any such request for the provision of information.
       (e) Incorporation of Federal Transit Processes for Board 
     Statements.--Section 5334(l) of title 49, United States Code, 
     as added by section 3032 of the Federal Public Transportation 
     Act of 2005 (Public Law 109-59, 119 Stat. 1627), shall apply 
     to statements of the Board in the same manner and to the same 
     extent as that section applies to statements of the 
     Administrator of the Federal Transit Administration.

     SEC. 922. QUALIFIED INFRASTRUCTURE PROJECT RATINGS.

       (a) In General.--Beginning on and after January 1, 2012, 
     the Bank shall, upon application and otherwise in accordance 
     with this section, designate infrastructure projects as 
     qualified projects for purposes of assistance under this 
     title.
       (b) Applicants.--The Bank shall accept applications for the 
     designation of qualified infrastructure projects under this 
     section from among public sponsors, for any infrastructure 
     project having--
       (1) a potential Federal commitment of an amount that is not 
     less than $25,000,000;
       (2) a public sponsor; and
       (3) regional or national significance.
       (c) Guidelines for Developing Projects.--The Secretary 
     shall establish guidelines to assist grant recipients under 
     this title to develop applications for funding under this 
     section.
       (d) Ratings.--In making a determination as to a designation 
     of a qualified infrastructure project, the Board shall 
     evaluate and rate each applicant based on the factors 
     appropriate for that type of infrastructure project, which 
     shall include--
       (1) for any transit project--
       (A) regional or national significance;
       (B) promotion of economic growth;
       (C) reduction in traffic congestion;
       (D) environmental benefits, including reduction in 
     pollution from reduced use of automobiles from direct trip 
     reduction and indirect trip reduction through land use and 
     density changes;
       (E) urban land use policies, including those that promote 
     smart growth; and
       (F) mobility improvements;
       (2) for any highway, bridge, or road project--
       (A) regional or national significance;
       (B) promotion of economic growth;
       (C) reduction in traffic congestion;
       (D) environmental improvement;
       (E) urban land use policies, including those that promote 
     smart growth; and
       (F) mobility improvements; and
       (3) for any water project--
       (A) regional or national significance;
       (B) promotion of economic growth;
       (C) health benefits from the associated projects, including 
     health care cost reduction due to removal of pollutants; and
       (D) environmental benefits.
       (e) Determination Among Projects of Different 
     Infrastructure Types.--The Bank shall establish, by rule, 
     comprehensive criteria for allocating qualified status among 
     different types of infrastructure projects for purposes of 
     this title--
       (1) including--
       (A) a full view of the project benefits, as compared to 
     project costs;
       (B) a preference for projects that have national or 
     substantial regional impact;
       (C) a preference for projects which leverage private 
     financing, including public-private partnerships, for either 
     the explicit cost of the project or for enhancements which 
     increase the benefits of the project;
       (D) an understanding of the importance of balanced 
     investment in various types of infrastructure, as emphasized 
     in the current allocation of Federal resources between modes; 
     and
       (E) an understanding of the importance of diverse 
     investment in infrastructure in all regions of the country; 
     and
       (2) that do not eliminate any project based on size, but 
     rather allow for selection of the projects that are most 
     meritorious.
       (f) Process and Personnel for Creating Ratings Process.--
       (1) In general.--The ratings processes described in this 
     section shall be subject to Federal notice and rulemaking 
     procedures.
       (2) Participation by other agency personnel.--The ratings, 
     and development of the ratings process, shall be conducted by 
     personnel on detail to the Bank from the Department of 
     Transportation, the United States Army Corps of Engineers, 
     and other relevant departments and agencies from among 
     individuals who are familiar with and experienced in the 
     selection criteria for competitive projects. The Bank shall 
     reimburse those departments and agencies for the staff which 
     are on detail to the Bank.
       (g) Compliance With Other Applicable Law.--Projects 
     receiving financial assistance from the Bank under this 
     section shall comply with applicable provisions of Federal 
     law and regulations, including--
       (1) for transit, requirements that would apply to a project 
     receiving funding under section 5307 of title 49, United 
     States Code;
       (2) for roads and bridges, requirements that would apply to 
     a project that receives funds apportioned under section 
     104(b)(3) of title 23, United States Code; and
       (3) for water, requirements that would apply to a project 
     that receives funds through a grant or loan under--
       (A) section 103 of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5303);
       (B) section 1452 of the Public Health Service Act (42 
     U.S.C. 300j-12); or
       (C) section 601 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1381), as that section applied before the 
     beginning of fiscal year 1995.
       (h) Authority To Determine Funding.--Notwithstanding any 
     other provision of law, the Bank shall determine the 
     appropriate Federal share of funds for each project described 
     in subsection (g) for purposes of this title.

     SEC. 923. DEVELOPMENT OF FINANCING PACKAGE.

       (a) In General.--Not later than 60 days after the date on 
     which the Board determines appropriate financing packages for 
     qualified infrastructure projects under section 922, the 
     Board shall notify the Committee on Banking, Housing, and 
     Urban Affairs of the Senate.
       (b) Financing Packages.--The Board is authorized--
       (1) to act as a centralized entity to provide financing for 
     qualified infrastructure projects;
       (2) to issue general purpose infrastructure bonds, and to 
     provide direct subsidies to qualified infrastructure projects 
     from amounts made available from the issuance of such bonds;
       (3) to issue project-based infrastructure bonds for the 
     financing of specific qualified infrastructure projects;
       (4) to provide loan guarantees to State or local 
     governments issuing debt to finance qualified infrastructure 
     projects, under rules prescribed by the Board, in a manner 
     similar to that described in chapter 6 of title 23, United 
     States Code;
       (5) to issue loans, at varying interest rates, including 
     very low interest rates, to qualified project sponsors for 
     qualified projects;
       (6) to leverage resources and stimulate public and private 
     investment in infrastructure; and
       (7) to encourage States to create additional opportunities 
     for the financing of infrastructure projects.
       (c) General Purpose and Infrastructure Bonds.--General 
     purpose and project-based infrastructure bonds issued by the 
     Bank under this title shall be subject to such terms and 
     limitations as may be established by rules of the Bank, in 
     consultation with the Secretary of the Treasury.
       (d) Bond Obligation Limit.--The aggregate outstanding 
     amount of all bonds authorized to be issued under this title 
     may not exceed $60,000,000,000.
       (e) Full Faith and Credit.--Any obligation issued by the 
     Bank under this title shall be an obligation supported by the 
     full faith and credit of the United States.
       (f) Limitation on Funds From Bond Issuance.--Not more than 
     1 percent of funds resulting from the issuance of bonds under 
     this title may be used to fund the operations of the Bank.

     SEC. 924. COUPON NOTES FOR HOLDERS OF INFRASTRUCTURE BONDS.

       (a) Issuance of Coupon Notes.--Under regulations prescribed 
     by the Bank, in consultation with the Secretary of the 
     Treasury, there may be a separation (including at issuance) 
     of the ownership of an infrastructure bond and the 
     entitlement to the interest with respect to such bond (in 
     this section referred to as a ``coupon note''). In case of 
     any such separation, such interest shall be allowed to the 
     person who on the payment date holds the instrument 
     evidencing the entitlement to the interest, and not to the 
     holder of the bond.
       (b) Redemption of Coupon Notes.--A coupon note may be used 
     by the owner thereof for the purpose of making any payment to 
     the Federal Government, and shall be accepted for such 
     purpose by the Secretary of the Treasury, subject to rules 
     issued by the Bank, in consultation with the Secretary of the 
     Treasury.

     SEC. 925. EXEMPTION FROM LOCAL TAXATION.

       Bonds and other obligations issued by the Bank, and the 
     interest on or credits with respect to its bonds or other 
     obligations, shall not be subject to taxation by any State, 
     county, municipality, or local taxing authority.

                    Subtitle C--Studies and Reports

     SEC. 931. REPORT; DATABASE.

       (a) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Board 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate a report describing the activities of 
     the Board, for the fiscal year covered by the report, 
     relating to--

[[Page S8917]]

       (1) the evaluations of qualified infrastructure projects 
     under section 922; and
       (2) the financing packages of qualified infrastructure 
     projects under section 1023.
       (b) Database.--The Bank shall develop, maintain, and update 
     a publicly-accessible database that contains--
       (1) a description of each qualified infrastructure project 
     that receives funding from the Bank under this title--
       (A) by project mode or modes;
       (B) by project location;
       (C) by project sponsor or sponsors; and
       (D) by project total cost;
       (2) the amount of funding that each qualified 
     infrastructure project receives from the Bank under this 
     title; and
       (3) the form of financing that each qualified 
     infrastructure project receives from the Bank under section 
     923.

     SEC. 932. STUDY AND REPORT ON INFRASTRUCTURE FINANCING 
                   MECHANISMS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Board shall conduct a study evaluating the effectiveness of 
     each Federal financing mechanism that is used to support an 
     infrastructure system of the United States.
       (b) Requirements.--A study conducted under subsection (a) 
     shall--
       (1) evaluate the economic efficacy and transparency of each 
     financing mechanism used by--
       (A) the Bank to fund qualified infrastructure projects; and
       (B) each agency and department of the Federal Government to 
     support infrastructure systems, including--
       (i) infrastructure formula funding;
       (ii) user fees; and
       (iii) modal taxes; and
       (2) contain recommendations for improving each funding 
     mechanism evaluated under subparagraphs (A) and (B) of 
     paragraph (1) to increase the economic efficacy and 
     transparency of the Bank, and each agency and department of 
     the Federal Government, to finance infrastructure projects in 
     the United States.
       (c) Report.--Not later than 30 days after the date on which 
     the Board completes the study conducted under subsection (a), 
     the Board shall submit to the Committee on Banking, Housing, 
     and Urban Affairs of the Senate, a report containing each 
     evaluation and recommendation contained in the study.

     SEC. 933. GAO REPORT.

       Not later than 5 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate, a report evaluating the activities of 
     the Bank for the fiscal years covered by the report, 
     including--
       (1) the evaluations of qualified infrastructure projects 
     under section 922; and
       (2) the financing packages of qualified infrastructure 
     projects under section 923.

                  TITLE X--EXTENSION OF TRADE PROGRAMS

                        Subtitle A--Trust Funds

     SEC. 1001. MODIFICATION OF WOOL APPAREL MANUFACTURERS TRUST 
                   FUND.

       (a) In General.--Section 4002(c)(2)(A) of the Miscellaneous 
     Trade and Technical Corrections Act of 2004 (Public Law 108-
     429; 118 Stat. 2600) is amended by striking ``chapter 51'' 
     and inserting ``chapter 62''.
       (b) Full Restoration of Payment Levels in Calendar Year 
     2010.--
       (1) Transfer of amounts.--
       (A) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall transfer to the Wool Apparel Manufacturers Trust Fund, 
     out of the general fund of the Treasury of the United States, 
     amounts determined by the Secretary of the Treasury to be 
     equivalent to amounts received in the general fund that are 
     attributable to the duty received on articles classified 
     under chapter 62 of the Harmonized Tariff Schedule of the 
     United States, subject to the limitation in subparagraph (B).
       (B) Limitation.--The Secretary of the Treasury shall not 
     transfer more than the amount determined by the Secretary to 
     be necessary for--
       (i) U.S. Customs and Border Protection to make payments to 
     eligible manufacturers under section 4002(c)(3) of the 
     Miscellaneous Trade and Technical Corrections Act of 2004 so 
     that the amount of such payments, when added to any other 
     payments made to eligible manufacturers under section 
     4002(c)(3) of such Act for calendar year 2010, equal the 
     total amount of payments authorized to be provided to 
     eligible manufacturers under section 4002(c)(3) of such Act 
     for calendar year 2010; and
       (ii) the Secretary of Commerce to provide grants to 
     eligible manufacturers under section 4002(c)(6) of the 
     Miscellaneous Trade and Technical Corrections Act of 2004 so 
     that the amounts of such grants, when added to any other 
     grants made to eligible manufacturers under section 
     4002(c)(6) of such Act for calendar year 2010, equal the 
     total amount of grants authorized to be provided to eligible 
     manufacturers under section 4002(c)(6) of such Act for 
     calendar year 2010.
       (2) Payment of amounts.--U.S. Customs and Border Protection 
     shall make payments described in paragraph (1) to eligible 
     manufacturers not later than 30 days after such transfer of 
     amounts from the general fund of the Treasury of the United 
     States to the Wool Apparel Manufacturers Trust Fund. The 
     Secretary of Commerce shall promptly provide grants described 
     in paragraph (1) to eligible manufacturers after such 
     transfer of amounts from the general fund of the Treasury of 
     the United States to the Wool Apparel Manufacturers Trust 
     Fund.
       (c) Rule of Construction.--The amendment made by subsection 
     (a) shall not be construed to affect the availability of 
     amounts transferred to the Wool Apparel Manufacturers Trust 
     Fund before the date of the enactment of this Act.

     SEC. 1002. EXTENSIONS OF DUTY SUSPENSIONS ON COTTON SHIRTING 
                   FABRICS AND RELATED PROVISIONS.

       (a) Extensions.--Each of the following headings of the 
     Harmonized Tariff Schedule of the United States is amended by 
     striking the date in the effective date column and inserting 
     ``12/31/2013'':
       (1) Heading 9902.52.08 (relating to woven fabrics of 
     cotton).
       (2) Heading 9902.52.09 (relating to woven fabrics of 
     cotton).
       (3) Heading 9902.52.10 (relating to woven fabrics of 
     cotton).
       (4) Heading 9902.52.11 (relating to woven fabrics of 
     cotton).
       (5) Heading 9902.52.12 (relating to woven fabrics of 
     cotton).
       (6) Heading 9902.52.13 (relating to woven fabrics of 
     cotton).
       (7) Heading 9902.52.14 (relating to woven fabrics of 
     cotton).
       (8) Heading 9902.52.15 (relating to woven fabrics of 
     cotton).
       (9) Heading 9902.52.16 (relating to woven fabrics of 
     cotton).
       (10) Heading 9902.52.17 (relating to woven fabrics of 
     cotton).
       (11) Heading 9902.52.18 (relating to woven fabrics of 
     cotton).
       (12) Heading 9902.52.19 (relating to woven fabrics of 
     cotton).
       (13) Heading 9902.52.20 (relating to woven fabrics of 
     cotton).
       (14) Heading 9902.52.21 (relating to woven fabrics of 
     cotton).
       (15) Heading 9902.52.22 (relating to woven fabrics of 
     cotton).
       (16) Heading 9902.52.23 (relating to woven fabrics of 
     cotton).
       (17) Heading 9902.52.24 (relating to woven fabrics of 
     cotton).
       (18) Heading 9902.52.25 (relating to woven fabrics of 
     cotton).
       (19) Heading 9902.52.26 (relating to woven fabrics of 
     cotton).
       (20) Heading 9902.52.27 (relating to woven fabrics of 
     cotton).
       (21) Heading 9902.52.28 (relating to woven fabrics of 
     cotton).
       (22) Heading 9902.52.29 (relating to woven fabrics of 
     cotton).
       (23) Heading 9902.52.30 (relating to woven fabrics of 
     cotton).
       (24) Heading 9902.52.31 (relating to woven fabrics of 
     cotton).
       (b) Extension of Duty Refunds and Pima Cotton Trust Fund; 
     Modification of Affidavit Requirements.--Section 407 of title 
     IV of division C of the Tax Relief and Health Care Act of 
     2006 (Public Law 109-432; 120 Stat. 3060) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``amounts determined by 
     the Secretary'' and all that follows through ``5208.59.80'' 
     and inserting ``amounts received in the general fund that are 
     attributable to duties received since January 1, 2004, on 
     articles classified under heading 5208''; and
       (B) in paragraph (2), by striking ``October 1, 2008'' and 
     inserting ``December 31, 2013'';
       (2) in subsection (d)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``annually'' after ``provided''; and
       (B) in paragraph (1), by inserting ``during the year in 
     which the affidavit is filed and'' after ``imported cotton 
     fabric''; and
       (3) in subsection (f)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``annually'' after ``provided''; and
       (B) in paragraph (1), by inserting ``during the year in 
     which the affidavit is filed and'' after ``United States''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and apply with respect to affidavits filed on or after such 
     date of enactment.

          Subtitle B--Extension of Trade Adjustment Assistance

     SEC. 1011. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE.

       (a) In General.--Section 1893(a) of the Trade and 
     Globalization Adjustment Assistance Act of 2009 (Public Law 
     111-5; 123 Stat. 422) is amended by striking ``2011'' each 
     place it appears and inserting ``2012''.
       (b) Application of Prior Law.--Section 1893(b) of the Trade 
     and Globalization Adjustment Assistance Act of 2009 (Public 
     Law 111-5; 123 Stat. 422 (19 U.S.C. 2271 note prec.)) is 
     amended to read as follows:
       ``(b) Application of Prior Law.--Chapters 2, 3, 4, 5, and 6 
     of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) 
     shall be applied and administered beginning January 1, 2012, 
     as if the amendments made by this subtitle (other than part 
     VI) had never been enacted, except that in applying and 
     administering such chapters--
       ``(1) section 245 of that Act shall be applied and 
     administered by substituting `2012' for `2007';
       ``(2) section 246(b)(1) of that Act shall be applied and 
     administered by substituting `December 31, 2012' for `the 
     date that is 5 years' and all that follows through `State';
       ``(3) section 256(b) of that Act shall be applied and 
     administered by substituting `the

[[Page S8918]]

     1-year period beginning January 1, 2012' for `each of fiscal 
     years 2003 through 2007, and $4,000,000 for the 3-month 
     period beginning on October 1, 2007';
       ``(4) section 298(a) of that Act shall be applied and 
     administered by substituting `the 1-year period beginning 
     January 1, 2012' for `each of the fiscal years' and all that 
     follows through `October 1, 2007'; and
       ``(5) subject to subsection (a)(2), section 285 of that Act 
     shall be applied and administered--
       ``(A) in subsection (a), by substituting `2012' for `2007' 
     each place it appears; and
       ``(B) by applying and administering subsection (b) as if it 
     read as follows:
       `` `(b) Other Assistance.--
       `` `(1) Assistance for firms.--
       `` `(A) In general.--Except as provided in subparagraph 
     (B), assistance may not be provided under chapter 3 after 
     December 31, 2012.
       `` `(B) Exception.--Notwithstanding subparagraph (A), any 
     assistance approved under chapter 3 on or before December 31, 
     2012, may be provided--
       `` `(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       `` `(ii) to the extent the recipient of the assistance is 
     otherwise eligible to receive such assistance.
       `` `(2) Farmers.--
       `` `(A) In general.--Except as provided in subparagraph 
     (B), assistance may not be provided under chapter 6 after 
     December 31, 2012.
       `` `(B) Exception.--Notwithstanding subparagraph (A), any 
     assistance approved under chapter 6 on or before December 31, 
     2012, may be provided--
       `` `(i) to the extent funds are available pursuant to such 
     chapter for such purpose; and
       `` `(ii) to the extent the recipient of the assistance is 
     otherwise eligible to receive such assistance.'.''.
       (c) Conforming Amendments.--
       (1) Section 236(a)(2)(A) of the Trade Act of 1974 (19 
     U.S.C. 2296(a)(2)(A)) is amended to read as follows:
       ``(2)(A) The total amount of payments that may be made 
     under paragraph (1) shall not exceed--
       ``(i) $575,000,000 for fiscal year 2011; and
       ``(ii) $143,750,000 for the period beginning October 1, 
     2011, and ending December 31, 2011.''.
       (2) Section 245(a) of the Trade Act of 1974 (19 U.S.C. 
     2317(a)) is amended by striking ``2010'' and inserting 
     ``2011''.
       (3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 
     2318(b)(1)) is amended by striking ``2010'' and inserting 
     ``2011''.
       (4) Section 255(a) of the Trade Act of 1974 (19 U.S.C. 
     2345(a)) is amended to read as follows:
       ``(a) In General.--
       ``(1) Authorization.--There are authorized to be 
     appropriated to the Secretary to carry out the provisions of 
     this chapter--
       ``(A) $50,000,000 for fiscal year 2011; and
       ``(B) $12,501,000 for the period beginning October 1, 2011, 
     and ending December 31, 2011.
       ``(2) Availability of appropriations.--Amounts appropriated 
     pursuant to this subsection shall remain available until 
     expended.''.
       (5) Section 275(f) of the Trade Act of 1974 (19 U.S.C. 
     2371d(f)) is amended by striking ``2011'' and inserting 
     ``2012''.
       (6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C. 
     2371e(c)(2)) is amended to read as follows:
       ``(2) Funds to be used.--Of the funds appropriated pursuant 
     to section 277(c), the Secretary may make available, to 
     provide grants to eligible communities under paragraph (1), 
     not more than--
       ``(A) $25,000,000 for fiscal year 2011; and
       ``(B) $6,250,000 for the period beginning October 1, 2011, 
     and ending December 31, 2011.''.
       (7) Section 277(c) of the Trade Act of 1974 (19 U.S.C. 
     2371f(c)) is amended--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this subchapter--
       ``(A) $150,000,000 for fiscal year 2011; and
       ``(B) $37,500,000 for the period beginning October 1, 2011, 
     and ending December 31, 2011.''; and
       (B) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2).
       (8) Section 278(e) of the Trade Act of 1974 (19 U.S.C. 
     2372(e)) is amended by striking ``2011'' and inserting 
     ``2012''.
       (9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C. 
     2373(h)(2)) is amended by striking ``2011'' and inserting 
     ``2012''.
       (10) Section 279B(a) of the Trade Act of 1974 (19 U.S.C. 
     2373a(a)) is amended to read as follows:
       ``(a) In General.--
       ``(1) Authorization.--There are authorized to be 
     appropriated to the Secretary of Labor to carry out the 
     Sector Partnership Grant program under section 279A--
       ``(A) $40,000,000 for fiscal year 2011; and
       ``(B) $10,000,000 for the period beginning October 1, 2011, 
     and ending December 31, 2011.
       ``(2) Availability of appropriations.--Funds appropriated 
     pursuant to this section shall remain available until 
     expended.''.
       (11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 
     note) is amended--
       (A) by striking ``2010'' each place it appears and 
     inserting ``2011''; and
       (B) in subsection (a)(2)(A), by inserting ``pursuant to 
     petitions filed under section 221 before January 1, 2012'' 
     after ``title''.
       (12) Section 298(a) of the Trade Act of 1974 (19 U.S.C. 
     2401g(a)) is amended by striking ``for each of the fiscal 
     years 2009 and 2010, and $22,500,000 for the period beginning 
     October 1, 2010, and ending December 31, 2010'' and inserting 
     ``for the 1-year period beginning January 1, 2011''.
       (13) The table of contents for the Trade Act of 1974 is 
     amended by striking the item relating to section 235 and 
     inserting the following:

``Sec. 235. Employment and case management services.''.

       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2011.

             TITLE XI--EMERGENCY SENIOR CITIZENS RELIEF ACT

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Emergency Senior Citizens 
     Relief Act of 2010''.

     SEC. 1102. EXTENSION AND MODIFICATION OF CERTAIN ECONOMIC 
                   RECOVERY PAYMENTS.

       (a) 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 
     2011'' after ``shall disburse'',
       (B) by inserting ``(for purposes of payments made for 
     calendar year 2009), or the 3-month period ending with 
     December 2010 (for purposes of payments made for calendar 
     year 2011)'' 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 2011 unless such 
     individual was paid a benefit described in such subparagraph 
     (B)(i) for any month in the 12-month period ending with 
     December 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 December 2010 
     (for purposes of payments made under this paragraph for 
     calendar year 2011)'' 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

[[Page S8919]]

       (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 April 30, 2011, in the case of 
     payments for calendar year 2011'' 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 2011 shall be disbursed under this 
     section after December 31, 2012, 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 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 ``2013'',
       (B) by inserting ``section 1102(b) 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''.
       (b) 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 
     ``2011'' for ``2009''), with respect to the first taxable 
     year of such individual beginning in 2011, section 2202 of 
     the American Recovery and Reinvestment Tax Act of 2009 shall 
     be applied by substituting ``2011'' 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 
     1102(b)(1) of the Emergency Senior Citizens Relief Act of 
     2010'' after ``the American Recovery and Reinvestment Tax Act 
     of 2009''.
       (c) Effective Date.--
       (1) In general.--Except as otherwise provided in paragraph 
     (2), 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.

                     TITLE XII--TANF EMERGENCY FUND

     SEC. 1201. EXTENSION OF TANF EMERGENCY FUND.

       (a) In General.--Effective as if included in the enactment 
     of Public Law 111-5, section 403(c) of the Social Security 
     Act (42 U.S.C. 603(c)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by inserting ``, and for fiscal 
     year 2011, $1,500,000,000'' before ``for payment'';
       (B) in subparagraph (B)--
       (i) by inserting ``for fiscal year 2009'' after ``under 
     subparagraph (A)'';
       (ii) by inserting ``and the amounts appropriated under such 
     subparagraph for fiscal year 2011 shall remain available only 
     through fiscal year 2011'' after ``fiscal year 2010''; and
       (iii) by striking ``and 2010'' and inserting ``, 2010, and 
     2011'';
       (C) in subparagraph (C), by striking ``2010'' and inserting 
     ``2011'';
       (2) in paragraph (3)--
       (A) in subparagraph (A)(i), in the matter preceding 
     subclause (I), by striking ``or 2010'' and inserting ``, 
     2010, or 2011'';
       (B) in subparagraph (B)(i), in the matter preceding 
     subclause (I), by striking ``or 2010'' and inserting ``, 
     2010, or 2011'';
       (C) subparagraph (C)(i), in the matter preceding subclause 
     (I), by striking ``or 2010'' and inserting ``, 2010, or 
     2011'';
       (3) in paragraph (5), by striking ``and 2010'' and 
     inserting ``, 2010, and 2011''; and
       (4) in paragraph (9)(B)(i), by striking ``or 2008'' and 
     inserting ``, 2008, or 2009''.
       (b) Conforming Amendments.--Effective as if included in the 
     enactment of Public Law 111-5, section 2101 of Public Law 
     111-5 is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``2010'' and inserting ``2011''; and
       (B) by striking the comma after ``repealed'' and all that 
     follows through the period and inserting a period; and
       (2) in subsection (d)(1), by striking ``2010'' and 
     inserting ``2011''.
       (c) Administration.--Section 403(c) of the Social Security 
     Act (42 U.S.C. 603(c)) and section 2101 of Public Law 111-5 
     shall be applied and administered--
       (1) as if the repeals made under subsections (a)(2) and 
     (d)(1) of such section 2101 (as in effect on the day before 
     the date of enactment of this Act) had never taken effect; 
     and
       (2) notwithstanding section 811(a) of Public Law 111-291, 
     in accordance with the amendments made by this section for 
     fiscal year 2011.

                    TITLE XIII--BUDGETARY PROVISIONS

     SEC. 1301. 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, 
     jointly submitted for printing in the Congressional Record by 
     the Chairmen of the House and Senate Budget Committees, 
     provided that such statement has been submitted prior to the 
     vote on passage in the House acting first on this conference 
     report or amendment between the Houses.

     SEC. 1302. EMERGENCY DESIGNATIONS.

       (a) Statutory Paygo.--This Act 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)) except to the extent that the budgetary 
     effects of this Act are determined to be subject to the 
     current policy adjustments under sections 4(c) and 7 of the 
     Statutory Pay-As-You-Go Act.
       (b) Senate.--In the Senate, this Act is designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
       (c) House of Representatives.--In the House of 
     Representatives, every provision of this Act is expressly 
     designated as an emergency for purposes of pay-as-you-go 
     principles except to the extent that any such provision is 
     subject to the current policy adjustments under section 4(c) 
     of the Statutory Pay-As-You-Go Act of 2010.
                                 ______
                                 
  SA 4796. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2009 tax relief.

[[Page S8920]]

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

Sec. 201. Temporary extension of increased alternative minimum tax 
              exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for 
              nonrefundable personal credits.

                TITLE III--RESPONSIBLE ESTATE TAX REFORM

Sec. 301. Short title.
Sec. 302. Reinstatement of estate tax; repeal of carryover basis.
Sec. 303. Modification of rates and maintenance of unified credit 
              against the estate tax.
Sec. 304. Modification of rules for value of certain farm, etc., real 
              property.
Sec. 305. Modification of estate tax rules with respect to land subject 
              to conservation easements.
Sec. 306. Consistent basis reporting between estate and person 
              acquiring property from decedent.
Sec. 307. Valuation rules for certain transfers of nonbusiness assets; 
              limitation on minority discounts.
Sec. 308. Required minimum 10-year term, etc., for grantor retained 
              annuity trusts.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

Sec. 401. Temporary extension of increased small business expensing.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

Sec. 501. Temporary extension of unemployment insurance provisions.
Sec. 502. Temporary modification of indicators under the extended 
              benefit program.
Sec. 503. Technical amendment relating to collection of unemployment 
              compensation debts.
Sec. 504. Technical correction relating to repeal of continued dumping 
              and subsidy offset.
Sec. 505. Additional extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.

             TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT

Sec. 601. Making work pay credit.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

Sec. 701. Incentives for biodiesel and renewable diesel.
Sec. 702. New energy efficient home credit.
Sec. 703. Special rule for sales or dispositions to implement FERC or 
              State electric restructuring policy for qualified 
              electric utilities.
Sec. 704. Extension of grants for specified energy property in lieu of 
              tax credits.
Sec. 705. Extension of provisions related to alcohol used as fuel.
Sec. 706. Energy efficient appliance credit.
Sec. 707. Credit for nonbusiness energy property.
Sec. 708. Alternative fuel vehicle refueling property.

                   Subtitle B--Individual Tax Relief

Sec. 721. Deduction for certain expenses of elementary and secondary 
              school teachers.
Sec. 722. Deduction of State and local sales taxes.
Sec. 723. Contributions of capital gain real property made for 
              conservation purposes.
Sec. 724. Above-the-line deduction for qualified tuition and related 
              expenses.
Sec. 725. Tax-free distributions from individual retirement plans for 
              charitable purposes.
Sec. 726. Parity for exclusion from income for employer-provided mass 
              transit and parking benefits.
Sec. 727. Refunds disregarded in the administration of Federal programs 
              and federally assisted programs.

                    Subtitle C--Business Tax Relief

Sec. 731. Research credit.
Sec. 732. Indian employment tax credit.
Sec. 733. New markets tax credit.
Sec. 734. Railroad track maintenance credit.
Sec. 735. Mine rescue team training credit.
Sec. 736. Employer wage credit for employees who are active duty 
              members of the uniformed services.
Sec. 737. Accelerated depreciation for business property on an Indian 
              reservation.
Sec. 738. Enhanced charitable deduction for contributions of food 
              inventory.
Sec. 739. Enhanced charitable deduction for contributions of book 
              inventories to public schools.
Sec. 740. Enhanced charitable deduction for corporate contributions of 
              computer inventory for educational purposes.
Sec. 741. Election to expense mine safety equipment.
Sec. 742. Expensing of environmental remediation costs.
Sec. 743. Modification of tax treatment of certain payments to 
              controlling exempt organizations.
Sec. 744. Treatment of certain dividends of regulated investment 
              companies.
Sec. 745. RIC qualified investment entity treatment under FIRPTA.
Sec. 746. Exceptions for active financing income.
Sec. 747. Look-thru treatment of payments between related controlled 
              foreign corporations under foreign personal holding 
              company rules.
Sec. 748. Basis adjustment to stock of S corps making charitable 
              contributions of property.
Sec. 749. Empowerment zone tax incentives.
Sec. 750. Tax incentives for investment in the District of Columbia.
Sec. 751. Work opportunity credit.
Sec. 752. Qualified zone academy bonds.
Sec. 753. Mortgage insurance premiums.
Sec. 754. Temporary exclusion of 100 percent of gain on certain small 
              business stock.

            Subtitle D--Temporary Disaster Relief Provisions

                    subpart a--new york liberty zone

Sec. 761. Tax-exempt bond financing.

                           subpart b--go zone

Sec. 762. Increase in rehabilitation credit.
Sec. 763. Low-income housing credit rules for buildings in GO zones.
Sec. 764. Tax-exempt bond financing.
Sec. 765. Bonus depreciation deduction applicable to the GO Zone.

                    TITLE VIII--BUDGETARY PROVISIONS

Sec. 801. Determination of budgetary effects.
Sec. 802. Emergency designations.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

     SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

       (a) Temporary Extension.--
       (1) In general.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2010'' both places it appears and inserting 
     ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.
       (b) Application to Taxpayers With Income of $250,000 or 
     More.--
       (1) Income tax rates.--
       (A) 25- and 28- percent rate brackets made permanent.--
     Paragraph (2) of section 1(i) is amended to read as follows:
       ``(2) 25- and 28- percent rate brackets.--The tables under 
     subsections (a), (b), (c), (d), and (e) shall be applied--
       ``(A) by substituting `25%' for `28%' each place it appears 
     (before the application of subparagraph (B)), and
       ``(B) by substituting `28%' for `31%' each place it 
     appears.''.
       (B) 33-percent rate bracket.--Subsection (i) of section 1 
     is amended by redesignating paragraph (3) as paragraph (4) 
     and by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) 33-percent rate bracket.--
       ``(A) In general.--In the case of taxable years beginning 
     after December 31, 2010--
       ``(i) the rate of tax under subsections (a), (b), (c), and 
     (d) on a taxpayer's taxable income in the fourth rate bracket 
     shall be 33 percent to the extent such income does not exceed 
     an amount equal to the excess of--

       ``(I) the applicable amount, over
       ``(II) the dollar amount at which such bracket begins, and

       ``(ii) the 36 percent rate of tax under such subsections 
     shall apply only to the taxpayer's taxable income in such 
     bracket in excess of the amount to which clause (i) applies.
       ``(B) Applicable amount.--For purposes of this paragraph, 
     the term `applicable amount' means the excess of--
       ``(i) the applicable threshold, over
       ``(ii) the sum of the following amounts in effect for the 
     taxable year:

       ``(I) the basic standard deduction (within the meaning of 
     section 63(c)(2)), and
       ``(II) the exemption amount (within the meaning of section 
     151(d)(1) (or, in the case of subsection (a), 2 such 
     exemption amounts).

       ``(C) Applicable threshold.--For purposes of this 
     paragraph, the term `applicable threshold' means--
       ``(i) $250,000 in the case of subsection (a),
       ``(ii) $200,000 in the case of subsections (b) and (c), and
       ``(iii) \1/2\ the amount applicable under clause (i) (after 
     adjustment, if any, under subparagraph (E)) in the case of 
     subsection (d).
       ``(D) Fourth rate bracket.--For purposes of this paragraph, 
     the term `fourth rate bracket' means the bracket which would 
     (determined without regard to this paragraph) be the 36-
     percent rate bracket.
       ``(E) Inflation adjustment.--For purposes of this 
     paragraph, a rule similar to the rule of paragraph (1)(C) 
     shall apply with respect to taxable years beginning in 
     calendar years after 2010, applied by substituting `2008' for 
     `1992' in subsection (f)(3)(B).''.
       (2) Phaseout of personal exemptions and itemized 
     deductions.--
       (A) Overall limitation on itemized deductions.--Section 68 
     is amended--
       (i) by striking ``the applicable amount'' the first place 
     it appears in subsection (a) and inserting ``the applicable 
     threshold in effect under section 1(i)(3)'',

[[Page S8921]]

       (ii) by striking ``the applicable amount'' in subsection 
     (a)(1) and inserting ``such applicable threshold'',
       (iii) by striking subsection (b) and redesignating 
     subsections (c), (d), and (e) as subsections (b), (c), and 
     (d), respectively, and
       (iv) by striking subsections (f) and (g).
       (B) Phaseout of deductions for personal exemptions.--
       (i) In general.--Paragraph (3) of section 151(d) is 
     amended--

       (I) by striking ``the threshold amount'' in subparagraphs 
     (A) and (B) and inserting ``the applicable threshold in 
     effect under section 1(i)(3)'',
       (II) by striking subparagraph (C) and redesignating 
     subparagraph (D) as subparagraph (C), and
       (III) by striking subparagraphs (E) and (F).

       (ii) Conforming amendments.--Paragraph (4) of section 
     151(d) is amended--

       (I) by striking subparagraph (B),
       (II) by redesignating clauses (i) and (ii) of subparagraph 
     (A) as subparagraphs (A) and (B), respectively, and by 
     indenting such subparagraphs (as so redesignated) 
     accordingly, and
       (III) by striking all that precedes ``in a calendar year 
     after 1989,'' and inserting the following:

       ``(4) Inflation adjustment.--In the case of any taxable 
     year beginning''.
       (c) Effective Date.--Except as otherwise provided, the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2010.

     SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

       (a) Extension.--
       (1) In general.--Section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the Jobs 
     and Growth Tax Relief Reconciliation Act of 2003.
       (b) 20-percent Capital Gains Rate for Certain High Income 
     Individuals.--
       (1) In general.--Paragraph (1) of section 1(h) is amended 
     by striking subparagraph (C), by redesignating subparagraphs 
     (D) and (E) as subparagraphs (E) and (F) and by inserting 
     after subparagraph (B) the following new subparagraphs:
       ``(C) 15 percent of the lesser of--
       ``(i) so much of the adjusted net capital gain (or, if 
     less, taxable income) as exceeds the amount on which a tax is 
     determined under subparagraph (B), or
       ``(ii) the excess (if any) of--

       ``(I) the amount of taxable income which would (without 
     regard to this paragraph) be taxed at a rate below 36 
     percent, over
       ``(II) the sum of the amounts on which a tax is determined 
     under subparagraphs (A) and (B),

       ``(D) 20 percent of the adjusted net capital gain (or, if 
     less, taxable income) in excess of the sum of the amounts on 
     which tax is determined under subparagraphs (B) and (C),''.
       (2) Dividends.--Subparagraph (A) of section 1(h)(11) is 
     amended by striking ``qualified dividend income'' and 
     inserting ``so much of the qualified dividend income as does 
     not exceed the excess (if any) of--
       ``(i) the amount of taxable income which would (without 
     regard to this subsection) be taxed at a rate below 36 
     percent, over
       ``(ii) taxable income reduced by qualified dividend 
     income.''.
       (3) Minimum tax.--Paragraph (3) of section 55(b) is amended 
     by striking subparagraph (C), by redesignating subparagraph 
     (D) as subparagraph (E), and by inserting after subparagraph 
     (B) the following new subparagraphs:
       ``(C) 15 percent of the lesser of--
       ``(i) so much of the adjusted net capital gain (or, if 
     less, taxable excess) as exceeds the amount on which tax is 
     determined under subparagraph (B), or
       ``(ii) the excess described in section 1(h)(1)(C)(ii), plus
       ``(D) 20 percent of the adjusted net capital gain (or, if 
     less, taxable excess) in excess of the sum of the amounts on 
     which tax is determined under subparagraphs (B) and (C), 
     plus''.
       (c) Conforming Amendments.--
       (1) The following provisions are each amended by striking 
     ``15 percent'' and inserting ``20 percent'':
       (A) Section 1445(e)(1).
       (B) The second sentence of section 7518(g)(6)(A).
       (C) Section 53511(f)(2) of title 46, United States Code.
       (2) Sections 531 and 541 are each amended by striking ``15 
     percent of'' and inserting ``the produce of the highest rate 
     of tax under section 1(c) and''.
       (3) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by 
     striking ``5 percent (0 percent in the case of taxable years 
     beginning after 2007)'' and inserting ``0 percent''.
       (4) Section 1445(e)(6) is amended by striking ``15 percent 
     (20 percent in the case of taxable years beginning after 
     December 31, 2010)'' and inserting ``20 percent''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in otherwise provided, 
     the amendments made by subsections (b) and (c) shall apply to 
     taxable years beginning after December 31, 2010.
       (2) Withholding.--The amendments made by paragraphs (1)(C) 
     and (3) of subsection (c) shall apply to amounts paid on or 
     after January 1, 2011.

     SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF.

       (a) American Opportunity Tax Credit.--
       (1) In general.--Section 25A(i) is amended by striking ``or 
     2010'' and inserting ``, 2010, 2011, or 2012''.
       (2) Treatment of possessions.--Section 1004(c)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``and 2010'' each place it appears and inserting 
     ``, 2010, 2011, and 2012''.
       (b) Child Tax Credit.--Section 24(d)(4) is amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (c) Earned Income Tax Credit.--Section 32(b)(3) is 
     amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

     SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE 
                   MINIMUM TAX EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) is 
     amended--
       (1) by striking ``$70,950'' and all that follows through 
     ``2009'' in subparagraph (A) and inserting ``$72,450 in the 
     case of taxable years beginning in 2010 and $74,450 in the 
     case of taxable years beginning in 2011'', and
       (2) by striking ``$46,700'' and all that follows through 
     ``2009'' in subparagraph (B) and inserting ``$47,450 in the 
     case of taxable years beginning in 2010 and $48,450 in the 
     case of taxable years beginning in 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
       (c) Repeal of EGTRRA Sunset.--Title IX of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 (relating to 
     sunset of provisions of such Act) shall not apply to title 
     VII of such Act (relating to alternative minimum tax).

     SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX 
                   RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) is 
     amended--
       (1) by striking ``or 2009'' and inserting ``2009, 2010, or 
     2011'', and
       (2) by striking ``2009'' in the heading thereof and 
     inserting ``2011''.
       (b)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

                TITLE III--RESPONSIBLE ESTATE TAX REFORM

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Responsible Estate Tax 
     Act''.

     SEC. 302. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER 
                   BASIS.

       (a) In General.--Each provision of law amended by subtitle 
     A or E of title V of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended to read as such 
     provision would read if such subtitle had never been enacted.
       (b) Conforming Amendment.--On and after January 1, 2011, 
     paragraph (1) of section 2505(a) of the Internal Revenue Code 
     of 1986 is amended to read as such paragraph would read if 
     section 521(b)(2) of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 had never been enacted.
       (c) Special Election With Respect to Estates of Decedents 
     Dying in 2010.--Notwithstanding subsection (a), in the case 
     of an estate of a decedent dying after December 31, 2009, and 
     before January 1, 2011, the executor (within the meaning of 
     section 2203 of the Internal Revenue Code of 1986) may elect 
     to apply such Code as though the amendments made by 
     subsection (a) do not apply with respect to chapter 11 of 
     such Code and with respect to property acquired or passing 
     from such decedent (within the meaning of section 1014(b) of 
     such Code).  Such election shall be made at such time and in 
     such manner as the Secretary of the Treasury or the 
     Secretary's delegate shall provide. Such an election once 
     made shall be revocable only with the consent of the 
     Secretary of the Treasury or the Secretary's delegate. For 
     purposes of section 2652(a)(1) of such Code, the 
     determination of whether any property is subject to the tax 
     imposed by such chapter 11 shall be made without regard to 
     any election made under this subsection.
       (d) Extension of Time for Performing Certain Acts.--
       (1) Estate tax.--In the case of the estate of a decedent 
     dying after December 31, 2009, and before the date of the 
     enactment of this Act, the due date for--
       (A) filing any return under section 6018 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) as such section is in effect after the 
     date of the enactment of this Act without regard to any 
     election under subsection (c),
       (B) making any payment of tax under chapter 11 of such 
     Code, and
       (C) making any disclaimer described in section 2518(b) of 
     such Code of an interest in property passing by reason of the 
     death of such decedent,

     shall not be earlier than the date which is 9 months after 
     the date of the enactment of this Act.

[[Page S8922]]

       (2) Generation-skipping tax.--In the case of any 
     generation-skipping transfer made after December 31, 2009, 
     and before the date of the enactment of this Act, the due 
     date for filing any return under section 2662 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) shall not be earlier than the date 
     which is 9 months after the date of the enactment of this 
     Act.
       (e) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, and transfers made, after 
     December 31, 2009.

     SEC. 303. MODIFICATION OF RATES AND MAINTENANCE OF UNIFIED 
                   CREDIT AGAINST THE ESTATE TAX.

       (a) Modification of Rates.--
       (1) In general.--The table in paragraph (1) of section 
     2001(c) is amended by striking the last 6 rows and inserting 
     the following:


 
 
 
``Over $750,000 but not over $3,500,000...  $248,300 plus 39 percent of
                                             the excess of such amount
                                             over $750,000
Over $3,500,000 but not over $10,000,000..  $1,320,800 plus 45 percent
                                             of the excess of such
                                             amount over $3,500,000
Over $10,000,000 but not over $50,000,000.  $4,245,800 plus 50 percent
                                             of the excess of the excess
                                             of such amount over
                                             $10,000,000''.
Over $50,000,000..........................  $24,245,800 plus 55 percent
                                             of the excess of such
                                             amount over $50,000,000''.
 


       (2) Surtax on wealthy estates.--Paragraph (2) of section 
     2001(c) is amended to read as follows:
       ``(2) Surtax on estates over $500,000,000.--Notwithstanding 
     paragraph (1), if the amount with respect to which the 
     tentative tax to be computed is over $500,000,000, the rate 
     of tax otherwise in effect under this subsection with respect 
     to the amount in excess of $500,000,000 shall be increased by 
     10 percentage points.''.
       (b) Extension of 2009 Applicable Credit Amount.--The table 
     in subsection (c) of section 2010 (relating to applicable 
     credit amount) is amended by inserting ``and thereafter'' 
     after ``2009''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying, and gifts made, 
     after December 31, 2009.

     SEC. 304. MODIFICATION OF RULES FOR VALUE OF CERTAIN FARM, 
                   ETC., REAL PROPERTY.

       (a) In General.--Paragraph (2) of section 2032A(a) is 
     amended by striking ``$750,000'' and inserting 
     ``$3,000,000''.
       (b) Inflation Adjustment.--Paragraph (3) of section 
     2032A(a) is amended--
       (1) by striking ``1998'' and inserting ``2009'',
       (2) by striking ``$750,000'' and inserting ``$3,000,000'' 
     in subparagraph (A), and
       (3) by striking ``calendar year 1997'' and inserting 
     ``calendar year 2008'' in subparagraph (B).
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying, and gifts made, 
     after December 31, 2009.

     SEC. 305. MODIFICATION OF ESTATE TAX RULES WITH RESPECT TO 
                   LAND SUBJECT TO CONSERVATION EASEMENTS.

       (a) Modification of Exclusion Limitation.--The table in 
     paragraph (3) of section 2031(c) is amended--
       (1) by striking ``or thereafter'' in the last row and 
     inserting ``through 2009'', and
       (2) by adding at the end the following row:

 
 
 
``2010 and thereafter...................................   $2,000,000''.
 


       (b) Modification of Applicable Percentage.--Paragraph (2) 
     of section 2031(c) is amended by striking ``40 percent'' and 
     inserting ``60 percent''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after December 31, 
     2009.

     SEC. 306. CONSISTENT BASIS REPORTING BETWEEN ESTATE AND 
                   PERSON ACQUIRING PROPERTY FROM DECEDENT.

       (a) Consistent Use of Basis.--
       (1) Property acquired from a decedent.--Section 1014 is 
     amended by adding at the end the following new subsection:
       ``(f) Basis Must Be Consistent With Estate Tax Value.--
       ``(1) In general.--For purposes of this section, the value 
     used to determine the basis of any interest in property in 
     the hands of the person acquiring such property shall not 
     exceed the value of such interest as finally determined for 
     purposes of chapter 11.
       ``(2) Special rule where no final determination.--In any 
     case in which the value of property has not been finally 
     determined under chapter 11 and there has been a statement 
     furnished under section 6035(a), the value used to determine 
     the basis of any interest in property in the hands of the 
     person acquiring such property shall not exceed the amount 
     reported on the statement furnished under section 6035(a).
       ``(3) Regulations.--The Secretary may by regulations 
     provide exceptions to the application of this subsection.''.
       (2) Property acquired by gifts and transfers in trust.--
     Section 1015 is amended by adding at the end the following 
     new subsection:
       ``(f) Basis Must Be Consistent With Gift Tax Value.--
       ``(1) In general.--For purposes of this section, the fair 
     market value of any interest in property at the time of the 
     gift of that interest shall not exceed the value of such 
     interest as finally determined for purposes of chapter 12.
       ``(2) Special rule where no final determination.--In any 
     case in which the value of property has not been finally 
     determined under chapter 12 and there has been a statement 
     furnished under section 6035(b), the fair market value of any 
     interest in property at the time of the gift of that interest 
     shall not exceed the amount reported on the statement 
     furnished under section 6035(b).
       ``(3) Regulations.--The Secretary may by regulations 
     provide exceptions to the application of this subsection.''.
       (b) Information Reporting.--
       (1) In general.--Subpart A of part III of subchapter A of 
     chapter 61 is amended by inserting after section 6034A the 
     following new section:

     ``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY 
                   FROM DECEDENT OR BY GIFT.

       ``(a) Information With Respect to Property Acquired From 
     Decedents.--
       ``(1) In general.--The executor of any estate required to 
     file a return under section 6018(a) shall furnish to the 
     Secretary and to each person acquiring any interest in 
     property included in the decedent's gross estate for Federal 
     estate tax purposes a statement identifying the value of each 
     interest in such property as reported on such return and such 
     other information with respect to such interest as the 
     Secretary may prescribe.
       ``(2) Statements by beneficiaries.--Each person required to 
     file a return under section 6018(b) shall furnish to the 
     Secretary and to each other person who holds a legal or 
     beneficial interest in the property to which such return 
     relates a statement identifying the information described in 
     paragraph (1).
       ``(3) Time for furnishing statement.--
       ``(A) In general.--Each statement required to be furnished 
     under paragraph (1) or (2) shall be furnished at such time as 
     the Secretary may prescribe, but in no case at a time later 
     than the earlier of--
       ``(i) the date which is 30 days after the date on which the 
     return under section 6018 was required to be filed (including 
     extensions, if any), or
       ``(ii) the date which is 30 days after the date such return 
     is filed.
       ``(B) Adjustments.--In any case in which there is an 
     adjustment to the information required to be included on a 
     statement filed under paragraph (1) or (2) after such 
     statement has been filed, a supplemental statement under such 
     paragraph shall be filed not later than the date which is 30 
     days after such adjustment is made.
       ``(b) Information With Respect to Property Acquired by 
     Gift.--
       ``(1) In general.--Each person making a transfer by gift 
     who is required to file a return under section 6019 with 
     respect to such transfer shall furnish to the Secretary and 
     to each person acquiring any interest in property by reason 
     of such transfer a statement identifying the fair market 
     value of each interest in such property as reported on such 
     return and such other information with respect to such 
     interest as the Secretary may prescribe.
       ``(2) Time for furnishing statement.--
       ``(A) In general.--Each statement required to be furnished 
     under paragraph (1) shall be furnished at such time as the 
     Secretary may prescribe, but in no case at a time later than 
     the earlier of--
       ``(i) the date which is 30 days after the date on which the 
     return under section 6019 was required to be filed (including 
     extensions, if any), or
       ``(ii) the date which is 30 days after the date such return 
     is filed.
       ``(B) Adjustments.--In any case in which there is an 
     adjustment to the information required to be included on a 
     statement filed under paragraph (1) after such statement has 
     been filed, a supplemental statement under such paragraph 
     shall be filed not later than the date which is 30 days after 
     such adjustment is made.
       ``(c) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out this section, including 
     regulations relating to--
       ``(1) applying this section to property with regard to 
     which no estate or gift tax return is required to be filed, 
     and
       ``(2) situations in which the surviving joint tenant or 
     other recipient may have better information than the executor 
     regarding the basis or fair market value of the property.''.
       (2) Penalty for failure to file.--
       (A) Return.--Section 6724(d)(1) is amended by striking 
     ``and'' at the end of subparagraph (B), by striking the 
     period at the end of subparagraph (C) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(D) any statement required to be filed with the Secretary 
     under section 6035.''.

[[Page S8923]]

       (B) Statement.--Section 6724(d)(2) is amended by striking 
     ``or'' at the end of subparagraph (GG), by striking the 
     period at the end of subparagraph (HH) and inserting ``, 
     or'', and by adding at the end the following new 
     subparagraph:
       ``(II) section 6035 (other than a statement described in 
     paragraph (1)(D)).''.
       (3) Clerical amendment.--The table of sections for subpart 
     A of part III of subchapter A of chapter 61 is amended by 
     inserting after the item relating to section 6034A the 
     following new item:

``Sec. 6035. Basis information to persons acquiring property from 
              decedent or by gift.''.
       (c) Penalty for Inconsistent Reporting.--
       (1) In general.--Subsection (b) of section 6662 is amended 
     by inserting after paragraph (7) the following new paragraph:
       ``(8) Any inconsistent estate or gift basis.''.
       (2) Inconsistent basis reporting.--Section 6662 is amended 
     by adding at the end the following new subsection:
       ``(k) Inconsistent Estate or Gift Basis Reporting.--For 
     purposes of this section, the term `inconsistent estate or 
     gift basis' means--
       ``(1) in the case of property acquired from a decedent, a 
     basis determination with respect to such property which is 
     not consistent with the requirements of section 1014(f), and
       ``(2) in the case of property acquired by gift, a basis 
     determination with respect to such property which is not 
     consistent with the requirements of section 1015(f).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to transfers for which returns are filed after 
     the date of the enactment of this Act.

     SEC. 307. VALUATION RULES FOR CERTAIN TRANSFERS OF 
                   NONBUSINESS ASSETS; LIMITATION ON MINORITY 
                   DISCOUNTS.

       (a) In General.--Section 2031 (relating to definition of 
     gross estate) is amended by redesignating subsection (d) as 
     subsection (f) and by inserting after subsection (c) the 
     following new subsections:
       ``(d) Valuation Rules for Certain Transfers of Nonbusiness 
     Assets.--For purposes of this chapter and chapter 12--
       ``(1) In general.--In the case of the transfer of any 
     interest in an entity other than an interest which is 
     actively traded (within the meaning of section 1092)--
       ``(A) the value of any nonbusiness assets held by the 
     entity with respect to such interest shall be determined as 
     if the transferor had transferred such assets directly to the 
     transferee (and no valuation discount shall be allowed with 
     respect to such nonbusiness assets), and
       ``(B) such nonbusiness assets shall not be taken into 
     account in determining the value of the interest in the 
     entity.
       ``(2) Nonbusiness assets.--For purposes of this 
     subsection--
       ``(A) In general.--The term `nonbusiness asset' means any 
     asset which is not used in the active conduct of 1 or more 
     trades or businesses.
       ``(B) Treatment of certain passive assets.--Except as 
     provided in subparagraph (C), a passive asset shall not be 
     treated for purposes of subparagraph (A) as used in the 
     active conduct of a trade or business unless--
       ``(i) the asset is property described in paragraph (1) or 
     (4) of section 1221(a) or is a hedge with respect to such 
     property, or
       ``(ii) the asset is real property used in the active 
     conduct of 1 or more real property trades or businesses 
     (within the meaning of section 469(c)(7)(C)) in which the 
     transferor materially participates and with respect to which 
     the transferor meets the requirements of section 
     469(c)(7)(B)(ii).

     For purposes of clause (ii), material participation shall be 
     determined under the rules of section 469(h), except that 
     section 469(h)(3) shall be applied without regard to the 
     limitation to farming activity.
       ``(C) Exception for working capital.--Any asset (including 
     a passive asset) which is held as a part of the reasonably 
     required working capital needs of a trade or business shall 
     be treated as used in the active conduct of a trade or 
     business.
       ``(3) Passive asset.--For purposes of this subsection, the 
     term `passive asset' means any--
       ``(A) cash or cash equivalents,
       ``(B) except to the extent provided by the Secretary, stock 
     in a corporation or any other equity, profits, or capital 
     interest in any entity,
       ``(C) evidence of indebtedness, option, forward or futures 
     contract, notional principal contract, or derivative,
       ``(D) asset described in clause (iii), (iv), or (v) of 
     section 351(e)(1)(B),
       ``(E) annuity,
       ``(F) real property used in 1 or more real property trades 
     or businesses (as defined in section 469(c)(7)(C)),
       ``(G) asset (other than a patent, trademark, or copyright) 
     which produces royalty income,
       ``(H) commodity,
       ``(I) collectible (within the meaning of section 401(m)), 
     or
       ``(J) any other asset specified in regulations prescribed 
     by the Secretary.
       ``(4) Look-thru rules.--
       ``(A) In general.--If a nonbusiness asset of an entity 
     consists of a 10-percent interest in any other entity, this 
     subsection shall be applied by disregarding the 10-percent 
     interest and by treating the entity as holding directly its 
     ratable share of the assets of the other entity. This 
     subparagraph shall be applied successively to any 10-percent 
     interest of such other entity in any other entity.
       ``(B) 10-percent interest.--The term `10-percent interest' 
     means--
       ``(i) in the case of an interest in a corporation, 
     ownership of at least 10 percent (by vote or value) of the 
     stock in such corporation,
       ``(ii) in the case of an interest in a partnership, 
     ownership of at least 10 percent of the capital or profits 
     interest in the partnership, and
       ``(iii) in any other case, ownership of at least 10 percent 
     of the beneficial interests in the entity.
       ``(5) Coordination with subsection (b).--Subsection (b) 
     shall apply after the application of this subsection.
       ``(e) Limitation on Minority Discounts.--For purposes of 
     this chapter and chapter 12, in the case of the transfer of 
     any interest in an entity other than an interest which is 
     actively traded (within the meaning of section 1092), no 
     discount shall be allowed by reason of the fact that the 
     transferee does not have control of such entity if the 
     transferee and members of the family (as defined in section 
     2032A(e)(2)) of the transferee have control of such 
     entity.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to transfers after the date of the enactment of 
     this Act.

     SEC. 308. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR 
                   RETAINED ANNUITY TRUSTS.

       (a) In General.--Subsection (b) of section 2702 is 
     amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and by moving 
     such subparagraphs (as so redesignated) 2 ems to the right;
       (2) by striking ``For purposes of'' and inserting the 
     following:
       ``(1) In general.--For purposes of'';
       (3) by striking ``paragraph (1) or (2)'' in paragraph 
     (1)(C) (as so redesignated) and inserting ``subparagraph (A) 
     or (B)''; and
       (4) by adding at the end the following new paragraph:
       ``(2) Additional requirements with respect to grantor 
     retained annuities.--For purposes of subsection (a), in the 
     case of an interest described in paragraph (1)(A) (determined 
     without regard to this paragraph) which is retained by the 
     transferor, such interest shall be treated as described in 
     such paragraph only if--
       ``(A) the right to receive the fixed amounts referred to in 
     such paragraph is for a term of not less than 10 years,
       ``(B) such fixed amounts, when determined on an annual 
     basis, do not decrease relative to any prior year during the 
     first 10 years of the term referred to in subparagraph (A), 
     and
       ``(C) the remainder interest has a value greater than zero 
     determined as of the time of the transfer.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to transfers made after the date of the enactment 
     of this Act.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

     SEC. 401. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS 
                   EXPENSING.

       (a) Dollar Limitation.--Section 179(b)(1) is amended by 
     striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $125,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $25,000 in the case of taxable years beginning after 
     2012.''.
       (b) Reduction in Limitation.--Section 179(b)(2) is amended 
     by striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $500,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $200,000 in the case of taxable years beginning after 
     2012.''.
       (c) Inflation Adjustment.--Subsection (b) of section 179 is 
     amended by adding at the end the following new paragraph:
       ``(6) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning in calendar year 2012, the $125,000 and $500,000 
     amounts in paragraphs (1)(C) and (2)(C) shall each be 
     increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2006' for 
     `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--
       ``(i) Dollar limitation.--If the amount in paragraph (1) as 
     increased under subparagraph (A) is not a multiple of $1,000, 
     such amount shall be rounded to the nearest multiple of 
     $1,000.
       ``(ii) Phaseout amount.--If the amount in paragraph (2) as 
     increased under subparagraph (A) is not a multiple of 
     $10,000, such amount shall be rounded to the nearest multiple 
     of $10,000.''.
       (d) Computer Software.--Section 179(d)(1)(A)(ii) is amended 
     by striking ``2012'' and inserting ``2013''.
       (e) Conforming Amendment.--Section 179(c)(2) is amended by 
     striking ``2012'' and inserting ``2013''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

[[Page S8924]]

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

     SEC. 501. TEMPORARY 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--
       (A) by striking ``November 30, 2010'' each place it appears 
     and inserting ``January 3, 2012'';
       (B) in the heading for subsection (b)(2), by striking 
     ``november 30, 2010'' and inserting ``january 3, 2012''; and
       (C) in subsection (b)(3), by striking ``April 30, 2011'' 
     and inserting ``June 9, 2012''.
       (2) 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 ``December 1, 2010'' each place it appears 
     and inserting ``January 4, 2012''; and
       (B) in subsection (c), by striking ``May 1, 2011'' and 
     inserting ``June 11, 2012''.
       (3) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``April 30, 2011'' and inserting ``June 
     10, 2012''.
       (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 (E), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (F) the following:
       ``(G) the amendments made by section 501(a)(1) of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010; and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Unemployment Compensation Extension Act of 2010 (Public Law 
     111-205).

     SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE 
                   EXTENDED BENEFIT PROGRAM.

       (a) Indicator.--Section 203(d) of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended, in the flush matter following 
     paragraph (2), by inserting after the first sentence the 
     following sentence: ``Effective with respect to compensation 
     for weeks of unemployment beginning after the date of 
     enactment of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (or, if later, 
     the date established pursuant to State law), and ending on or 
     before December 31, 2011, the State may by law provide that 
     the determination of whether there has been a state `on' or 
     `off' indicator beginning or ending any extended benefit 
     period shall be made under this subsection as if the word 
     `two' were `three' in subparagraph (1)(A).''.
       (b) Alternative Trigger.--Section 203(f) of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Effective with respect to compensation for weeks of 
     unemployment beginning after the date of enactment of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (or, if later, the date established 
     pursuant to State law), and ending on or before December 31, 
     2011, the State may by law provide that the determination of 
     whether there has been a state `on' or `off' indicator 
     beginning or ending any extended benefit period shall be made 
     under this subsection as if the word `either' were `any', the 
     word ``both'' were `all', and the figure `2' were `3' in 
     clause (1)(A)(ii).''.

     SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF 
                   UNEMPLOYMENT COMPENSATION DEBTS.

       (a) In General.--Section 6402(f)(3)(C), as amended by 
     section 801 of the Claims Resolution Act of 2010, is amended 
     by striking ``is not a covered unemployment compensation 
     debt'' and inserting ``is a covered unemployment compensation 
     debt''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in section 801 of the Claims 
     Resolution Act of 2010.

     SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF 
                   CONTINUED DUMPING AND SUBSIDY OFFSET.

       (a) In General.--Section 822(2)(A) of the Claims Resolution 
     Act of 2010 is amended by striking ``or'' and inserting 
     ``and''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the provisions of the 
     Claims Resolution Act of 2010.

     SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE 
                   RAILROAD UNEMPLOYMENT INSURANCE ACT.

       (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act, as added by section 2006 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) and as amended by section 9 of the Worker, 
     Homeownership, and Business Assistance Act of 2009 (Public 
     Law 111-92), is amended--
       (1) by striking ``June 30, 2010'' and inserting ``June 30, 
     2011''; and
       (2) by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Clarification on Authority to Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of additional extended unemployment benefits provided 
     under such section 2(c)(2)(D) by reason of the amendments 
     made by subsection (a) as well as to cover the cost of such 
     benefits provided under such section 2(c)(2)(D), as in effect 
     on the day before the date of the enactment of this Act.

             TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT

     SEC. 601. MAKING WORK PAY CREDIT.

       (a) In General.--Section 36A(e) is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2011''.
       (b) Treatment of Possessions.--Section 1001(b)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``2009 and 2010'' both places it appears and 
     inserting ``2009, 2010, and 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

     SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (b) Excise Tax Credits and Outlay Payments for Biodiesel 
     and Renewable Diesel Fuel Mixtures.--
       (1) Paragraph (6) of section 6426(c) is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (2) Subparagraph (B) of section 6427(e)(6) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any biodiesel mixture credit 
     properly determined under section 6426(c) of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 702. NEW ENERGY EFFICIENT HOME CREDIT.

       (a) In General.--Subsection (g) of section 45L is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to homes acquired after December 31, 2009.

     SEC. 703. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT 
                   FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR 
                   QUALIFIED ELECTRIC UTILITIES.

       (a) In General.--Paragraph (3) of section 451(i) is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions after December 31, 2009.

     SEC. 704. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 
                   IN LIEU OF TAX CREDITS.

       (a) In General.--Subsection (a) of section 1603 of division 
     B of the American Recovery and Reinvestment Act of 2009 is 
     amended--
       (1) in paragraph (1), by striking ``2009 or 2010'' and 
     inserting ``2009, 2010, or 2011'', and
       (2) in paragraph (2)--
       (A) by striking ``after 2010'' and inserting ``after 
     2011'', and
       (B) by striking ``2009 or 2010'' and inserting ``2009, 
     2010, or 2011''.
       (b) Conforming Amendment.--Subsection (j) of section 1603 
     of division B of such Act is amended by striking ``2011'' and 
     inserting ``2012''.

     SEC. 705. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS 
                   FUEL.

       (a) Extension of Income Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (1) of section 40(e) is 
     amended--
       (A) by striking ``December 31, 2010'' in subparagraph (A) 
     and inserting ``December 31, 2011'', and
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended by striking ``2010'' both places it 
     appears and inserting ``2011''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--

[[Page S8925]]

       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales and uses after December 31, 2010.
       (d) Extension of Additional Duties on Ethanol.--
       (1) In general.--Headings 9901.00.50 and 9901.00.52 of the 
     Harmonized Tariff Schedule of the United States are each 
     amended in the effective period column by striking ``1/1/
     2011'' and inserting ``1/1/2012''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.

     SEC. 706. ENERGY EFFICIENT APPLIANCE CREDIT.

       (a) Dishwashers.--Paragraph (1) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (A), 
     by striking the period at the end of subparagraph (B) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(C) $25 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 307 
     kilowatt hours per year and 5.0 gallons per cycle (5.5 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings),
       ``(D) $50 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 295 
     kilowatt hours per year and 4.25 gallons per cycle (4.75 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings), and
       ``(E) $75 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 280 
     kilowatt hours per year and 4 gallons per cycle (4.5 gallons 
     per cycle for dishwashers designed for greater than 12 place 
     settings).''.
       (b) Clothes Washers.--Paragraph (2) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $175 in the case of a top-loading clothes washer 
     manufactured in calendar year 2011 which meets or exceeds a 
     2.2 modified energy factor and does not exceed a 4.5 water 
     consumption factor, and
       ``(F) $225 in the case of a clothes washer manufactured in 
     calendar year 2011--
       ``(i) which is a top-loading clothes washer and which meets 
     or exceeds a 2.4 modified energy factor and does not exceed a 
     4.2 water consumption factor, or
       ``(ii) which is a front-loading clothes washer and which 
     meets or exceeds a 2.8 modified energy factor and does not 
     exceed a 3.5 water consumption factor.''.
       (c) Refrigerators.--Paragraph (3) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $150 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 30 percent less 
     energy than the 2001 energy conservation standards, and
       ``(F) $200 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 35 percent less 
     energy than the 2001 energy conservation standards.''.
       (d) Rebasing of Limitations.--
       (1) In general.--Paragraph (1) of section 45M(e) is 
     amended--
       (A) by striking ``$75,000,000'' and inserting 
     ``$25,000,000'', and
       (B) by striking ``December 31, 2007'' and inserting 
     ``December 31, 2010''.
       (2) Exception for certain refrigerators and clothes 
     washers.--Paragraph (2) of section 45M(e) is amended--
       (A) by striking ``subsection (b)(3)(D)'' and inserting 
     ``subsection (b)(3)(F)'', and
       (B) by striking ``subsection (b)(2)(D)'' and inserting 
     ``subsection (b)(2)(F)''.
       (3) Gross receipts limitation.--Paragraph (3) of section 
     45M(e) is amended by striking ``2 percent'' and inserting ``4 
     percent''.
       (e) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), and (c) shall apply to appliances produced after 
     December 31, 2010.
       (2) Limitations.--The amendments made by subsection (d) 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 707. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension.--Section 25C(g)(2) is amended by striking 
     ``2010'' and inserting ``2011''.
       (b) Return to Pre-ARRA Limitations and Standards.--
       (1) In general.--Subsections (a) and (b) of section 25C are 
     amended to read as follows:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) 10 percent of the amount paid or incurred by the 
     taxpayer for qualified energy efficiency improvements 
     installed during such taxable year, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.
       ``(b) Limitations.--
       ``(1) Lifetime limitation.--The credit allowed under this 
     section with respect to any taxpayer for any taxable year 
     shall not exceed the excess (if any) of $500 over the 
     aggregate credits allowed under this section with respect to 
     such taxpayer for all prior taxable years ending after 
     December 31, 2005.
       ``(2) Windows.--In the case of amounts paid or incurred for 
     components described in subsection (c)(2)(B) by any taxpayer 
     for any taxable year, the credit allowed under this section 
     with respect to such amounts for such year shall not exceed 
     the excess (if any) of $200 over the aggregate credits 
     allowed under this section with respect to such amounts for 
     all prior taxable years ending after December 31, 2005.
       ``(3) Limitation on residential energy property 
     expenditures.--The amount of the credit allowed under this 
     section by reason of subsection (a)(2) shall not exceed--
       ``(A) $50 for any advanced main air circulating fan,
       ``(B) $150 for any qualified natural gas, propane, or oil 
     furnace or hot water boiler, and
       ``(C) $300 for any item of energy-efficient building 
     property.''.
       (2) Modification of standards.--
       (A) In general.--Paragraph (1) of section 25C(c) is amended 
     by striking ``2000'' and all that follows through ``this 
     section'' and inserting ``2009 International Energy 
     Conservation Code, as such Code (including supplements) is in 
     effect on the date of the enactment of the American Recovery 
     and Reinvestment Tax Act of 2009''.
       (B) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is 
     amended by striking ``, as measured using a lower heating 
     value''.
       (C)  Oil furnaces and hot water boilers.--
       (i) In general.--Paragraph (4) of section 25C(d) is amended 
     to read as follows:
       ``(4) Qualified natural gas, propane, or oil furnace or hot 
     water boiler.--The term `qualified natural gas, propane, or 
     oil furnace or hot water boiler' means a natural gas, 
     propane, or oil furnace or hot water boiler which achieves an 
     annual fuel utilization efficiency rate of not less than 
     95.''.
       (ii) Conforming amendment.--Clause (ii) of section 
     25C(d)(2)(A) is amended to read as follows:
       ``(ii) a qualified natural gas, propane, or oil furnace or 
     hot water boiler, or''.
       (D) Exterior windows, doors, and skylights.--
       (i) In general.--Subsection (c) of section 25C is amended 
     by striking paragraph (4).
       (ii) Application of energy star standards.--Paragraph (1) 
     of section 25C(c) is amended by inserting ``an exterior 
     window, a skylight, an exterior door,'' after ``in the case 
     of'' in the matter preceding subparagraph (A).
       (E) Insulation.--Subparagraph (A) of section 25C(c)(2) is 
     amended by striking ``and meets the prescriptive criteria for 
     such material or system established by the 2009 International 
     Energy Conservation Code, as such Code (including 
     supplements) is in effect on the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009''.
       (3) Subsidized energy financing.--Subsection (e) of section 
     25C is amended by adding at the end the following new 
     paragraph:
       ``(3) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any property, there shall 
     not be taken into account expenditures which are made from 
     subsidized energy financing (as defined in section 
     48(a)(4)(C)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2010.

     SEC. 708. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

       (a) Extension of Credit.--Paragraph (2) of section 30C(g) 
     is amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2010.

                   Subtitle B--Individual Tax Relief

     SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 
                   SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2009'' and inserting ``2009, 2010, 
     or 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE 
                   FOR CONSERVATION PURPOSES.

       (a) In General.--Clause (vi) of section 170(b)(1)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Contributions by Certain Corporate Farmers and 
     Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

[[Page S8926]]

     SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND 
                   RELATED EXPENSES.

       (a) In General.--Subsection (e) of section 222 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 
                   PLANS FOR CHARITABLE PURPOSES.

       (a) In General.--Subparagraph (F) of section 408(d)(8) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendment made by this section 
     shall apply to distributions made in taxable years beginning 
     after December 31, 2009.
       (2) Special rule.--For purposes of subsections (a)(6), 
     (b)(3), and (d)(8) of section 408 of the Internal Revenue 
     Code of 1986, at the election of the taxpayer (at such time 
     and in such manner as prescribed by the Secretary of the 
     Treasury) any qualified charitable distribution made after 
     December 31, 2010, and before February 1, 2011, shall be 
     deemed to have been made on December 31, 2010.

     SEC. 726. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
                   PROVIDED MASS TRANSIT AND PARKING BENEFITS.

       (a) In General.--Paragraph (2) of section 132(f) is amended 
     by striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months after December 31, 2010.

     SEC. 727. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       (a) In General.--Subchapter A of chapter 65 is amended by 
     adding at the end the following new section:

     ``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, any refund (or advance payment with respect to a 
     refundable credit) made to any individual under this title 
     shall not be taken into account as income, and shall not be 
     taken into account as resources for a period of 12 months 
     from receipt, for purposes of determining the eligibility of 
     such individual (or any other individual) for benefits or 
     assistance (or the amount or extent of benefits or 
     assistance) under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.
       ``(b) Termination.--Subsection (a) shall not apply to any 
     amount received after December 31, 2012.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

``Sec. 6409. Refunds disregarded in the administration of Federal 
              programs and federally assisted programs.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2009.

                    Subtitle C--Business Tax Relief

     SEC. 731. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 732. INDIAN EMPLOYMENT TAX CREDIT.

       (a) In General.--Subsection (f) of section 45A is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 733. NEW MARKETS TAX CREDIT.

       (a) In General.--Paragraph (1) of section 45D(f) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E),
       (2) by striking the period at the end of subparagraph (F), 
     and
       (3) by adding at the end the following new subparagraph:
       ``(G) $3,500,000,000 for 2010 and 2011.''.
       (b) Conforming Amendment.--Paragraph (3) of section 45D(f) 
     is amended by striking ``2014'' and inserting ``2016''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after 2009.

     SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT.

       (a) In General.--Subsection (f) of section 45G is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2009.

     SEC. 735. MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Subsection (e) of section 45N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE 
                   DUTY MEMBERS OF THE UNIFORMED SERVICES.

       (a) In General.--Subsection (f) of section 45P is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after December 31, 2009.

     SEC. 737. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   AN INDIAN RESERVATION.

       (a) In General.--Paragraph (8) of section 168(j) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 738. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) In General.--Clause (iv) of section 170(e)(3)(C) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 739. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   BOOK INVENTORIES TO PUBLIC SCHOOLS.

       (a) In General.--Clause (iv) of section 170(e)(3)(D) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE 
                   CONTRIBUTIONS OF COMPUTER INVENTORY FOR 
                   EDUCATIONAL PURPOSES.

       (a) In General.--Subparagraph (G) of section 170(e)(6) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 741. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

       (a) In General.--Subsection (g) of section 179E is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 742. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Subsection (h) of section 198 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2009.

     SEC. 743. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 
                   TO CONTROLLING EXEMPT ORGANIZATIONS.

       (a) In General.--Clause (iv) of section 512(b)(13)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments received or accrued after December 
     31, 2009.

     SEC. 744. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       (a) In General.--Paragraphs (1)(C) and (2)(C) of section 
     871(k) are each amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 745. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER 
                   FIRPTA.

       (a) In General.--Clause (ii) of section 897(h)(4)(A) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect on January 1, 2010. Notwithstanding the preceding 
     sentence, such amendment shall not apply with respect to the 
     withholding requirement under section 1445 of the Internal 
     Revenue Code of 1986 for any payment made before the date of 
     the enactment of this Act.
       (2) Amounts withheld on or before date of enactment.--In 
     the case of a regulated investment company--
       (A) which makes a distribution after December 31, 2009, and 
     before the date of the enactment of this Act; and
       (B) which would (but for the second sentence of paragraph 
     (1)) have been required to withhold with respect to such 
     distribution under section 1445 of such Code,

     such investment company shall not be liable to any person to 
     whom such distribution was made for any amount so withheld 
     and paid over to the Secretary of the Treasury.

     SEC. 746. EXCEPTIONS FOR ACTIVE FINANCING INCOME.

       (a) In General.--Sections 953(e)(10) and 954(h)(9) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Conforming Amendment.--Section 953(e)(10) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

[[Page S8927]]

     SEC. 747. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED 
                   CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN 
                   PERSONAL HOLDING COMPANY RULES.

       (a) In General.--Subparagraph (C) of section 954(c)(6) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 748. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING 
                   CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) In General.--Paragraph (2) of section 1367(a) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 749. EMPOWERMENT ZONE TAX INCENTIVES.

       (a) In General.--Section 1391 is amended--
       (1) by striking ``December 31, 2009'' in subsection 
     (d)(1)(A)(i) and inserting ``December 31, 2011''; and
       (2) by striking the last sentence of subsection (h)(2).
       (b) Increased Exclusion of Gain on Stock of Empowerment 
     Zone Businesses.--Subparagraph (C) of section 1202(a)(2) is 
     amended--
       (1) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (2) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (c) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of an empowerment 
     zone the nomination for which included a termination date 
     which is contemporaneous with the date specified in 
     subparagraph (A)(i) of section 1391(d)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation if, after the date of the 
     enactment of this section, the entity which made such 
     nomination amends the nomination to provide for a new 
     termination date in such manner as the Secretary of the 
     Treasury (or the Secretary's designee) may provide.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2009.

     SEC. 750. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) In General.--Subsection (f) of section 1400 is amended 
     by striking ``December 31, 2009'' each place it appears and 
     inserting ``December 31, 2011''.
       (b) Tax-exempt DC Empowerment Zone Bonds.--Subsection (b) 
     of section 1400A is amended by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011''.
       (c) Zero-percent Capital Gains Rate.--
       (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), 
     (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (2) Limitation on period of gains.--
       (A) In general.--Paragraph (2) of section 1400B(e) is 
     amended--
       (i) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (ii) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (B) Partnerships and s-corps.--Paragraph (2) of section 
     1400B(g) is amended by striking ``December 31, 2014'' and 
     inserting ``December 31, 2016''.
       (d) First-time Homebuyer Credit.--Subsection (i) of section 
     1400C is amended by striking ``January 1, 2010'' and 
     inserting ``January 1, 2012''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to periods after December 31, 2009.
       (2) Tax-exempt dc empowerment zone bonds.--The amendment 
     made by subsection (b) shall apply to bonds issued after 
     December 31, 2009.
       (3) Acquisition dates for zero-percent capital gains 
     rate.--The amendments made by subsection (c) shall apply to 
     property acquired or substantially improved after December 
     31, 2009.
       (4) Homebuyer credit.--The amendment made by subsection (d) 
     shall apply to homes purchased after December 31, 2009.

     SEC. 751. WORK OPPORTUNITY CREDIT.

       (a) In General.--Subparagraph (B) of section 51(c)(4) is 
     amended by striking ``August 31, 2011'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.

     SEC. 752. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Section 54E(c)(1) is amended--
       (1) by striking ``2008 and'' and inserting ``2008,'', and
       (2) by inserting ``and $400,000,000 for 2011'' after 
     ``2010,''.
       (b) Repeal of Refundable Credit for QZABs.--Paragraph (3) 
     of section 6431(f) is amended by inserting ``determined 
     without regard to any allocation relating to the national 
     zone academy bond limitation for 2011 or any carryforward of 
     such allocation'' after ``54E)'' in subparagraph (A)(iii).
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2010.

     SEC. 753. MORTGAGE INSURANCE PREMIUMS.

       (a) In General.--Clause (iv) of section 163(h)(3)(E) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2010.

     SEC. 754. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON 
                   CERTAIN SMALL BUSINESS STOCK.

       (a) In General.--Paragraph (4) of section 1202(a) is 
     amended--
       (1) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012'', and
       (2) by inserting ``and 2011'' after ``2010'' in the heading 
     thereof.
       (b) Effective Date.--The amendments made by this section 
     shall apply to stock acquired after December 31, 2010.

            Subtitle D--Temporary Disaster Relief Provisions

                                  PART

                    Subpart A--New York Liberty Zone

     SEC. 761. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Subparagraph (D) of section 1400L(d)(2) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after December 31, 2009.

                           Subpart B--GO Zone

     SEC. 762. INCREASE IN REHABILITATION CREDIT.

       (a) In General.--Subsection (h) of section 1400N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO 
                   ZONES.

       Section 1400N(c)(5) is amended by striking ``January 1, 
     2011'' and inserting ``January 1, 2012''.

     SEC. 764. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Paragraphs (2)(D) and (7)(C) of section 
     1400N(a) are each amended by striking ``January 1, 2011'' and 
     inserting ``January 1, 2012''.
       (b) Conforming Amendments.--Sections 702(d)(1) and 704(a) 
     of the Heartland Disaster Tax Relief Act of 2008 are each 
     amended by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2012''.

     SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO 
                   ZONE.

       (a) In General.--Paragraph (6) of section 1400N(d) is 
     amended--
       (1) by striking ``December 31, 2010'' both places it 
     appears in subparagraph (B) and inserting ``December 31, 
     2011'', and
       (2) by striking ``January 1, 2010'' in the heading and the 
     text of subparagraph (D) and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

                    TITLE VIII--BUDGETARY PROVISIONS

     SEC. 801. 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, 
     jointly submitted for printing in the Congressional Record by 
     the Chairmen of the House and Senate Budget Committees, 
     provided that such statement has been submitted prior to the 
     vote on passage in the House acting first on this conference 
     report or amendment between the Houses.

     SEC. 802. EMERGENCY DESIGNATIONS.

       (a) Statutory Paygo.--This Act 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)) except to the extent that the budgetary 
     effects of this Act are determined to be subject to the 
     current policy adjustments under sections 4(c) and 7 of the 
     Statutory Pay-As-You-Go Act.
       (b) Senate.--In the Senate, this Act is designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
       (c) House of Representatives.--In the House of 
     Representatives, every provision of this Act is expressly 
     designated as an emergency for purposes of pay-as-you-go 
     principles except to the extent that any such provision is 
     subject to the current policy adjustments under section 4(c) 
     of the Statutory Pay-As-You-Go Act of 2010.
                                 ______
                                 
  SA 4797. Mrs. LINCOLN submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 71, between lines 3 and 4, insert the following:

     SEC. 760A. TIMBER REIT MODERNIZATION.

       (a) In General.--Paragraph (8) of section 856(c) is amended 
     by striking ``means'' and all that follows and inserting 
     ``means December 31, 2011.''.
       (b) Conforming Amendments.--
       (1) Subparagraph (I) of section 856(c)(2) is amended by 
     striking ``the first taxable year

[[Page S8928]]

     beginning after the date of the enactment of this 
     subparagraph'' and inserting ``a taxable year beginning on or 
     before the termination date''.
       (2) Clause (iii) of section 856(c)(5)(H) is amended by 
     inserting ``in taxable years beginning'' after 
     ``dispositions''.
       (3) Clause (v) of section 857(b)(6)(D) is amended by 
     inserting ``in a taxable year beginning'' after ``sale''.
       (4) Subparagraph (G) of section 857(b)(6) is amended by 
     inserting ``in a taxable year beginning'' after ``In the case 
     of a sale''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after May 22, 2009.

     SEC. 760B. REDUCTION IN CORPORATE RATE FOR QUALIFIED TIMBER 
                   GAIN.

       (a) In General.--Paragraph (1) of section 1201(b) is 
     amended by striking `` `ending' '' and all that follows 
     through `` `such date' ''.
       (b) Conforming Amendment.--Paragraph (3) of section 1201(b) 
     is amended to read as follows:
       ``(3) Application of subsection.--The qualified timber gain 
     for any taxable year shall not exceed the qualified timber 
     gain which would be determined by not taking into account any 
     portion of such taxable year after December 31, 2011.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after May 22, 2009.
                                 ______
                                 
  SA 4798. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 51, between lines 11 and 12, insert:

     SEC. ___. CREDIT FOR ELECTRICITY PRODUCED AT CERTAIN OPEN-
                   LOOP BIOMASS FACILITIES.

       (a) In General.--Clause (ii) of section 45(b)(4)(B) is 
     amended--
       (1) by striking ``5-year period'' and inserting ``7-year 
     period''; and
       (2) by adding at the end the following: ``In the case of 
     the next-to-last year of the 7-year period described in the 
     preceding sentence, the credit determined under subsection 
     (a) with respect to electricity produced during such year 
     shall not exceed 80 percent of such credit determined without 
     regard to this sentence. In the case of the last year of such 
     7-year period, the credit determined under subsection (a) 
     with respect to electricity produced during such year shall 
     not exceed 60 percent of such credit determined without 
     regard to this sentence.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to electricity produced and sold after December 
     31, 2009.
                                 ______
                                 
  SA 4799. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. 
McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 
1986 to extend the funding and expenditure authority of the Airport and 
Airway Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 49, strike lines 1 through 3.
                                 ______
                                 
  SA 4800. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       (a) In General.--Subparagraph (B) of section 54AA(d)(1) is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2012''.
       (b) Extension of Payments to Issuers.--
       (1) In general.--Section 6431 is amended--(A) by striking 
     ``January 1, 2011'' in subsection (a) and inserting ``January 
     1, 2012''; and (B) by striking ``January 1, 2011'' in 
     subsection (f)(1)(B) and inserting ``a particular date''.
       (2) Conforming amendments.--Subsection (g) of section 54AA 
     is amended--
       (A) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012''; and
       (B) by striking ``QUALIFIED BONDS ISSUED BEFORE 2011'' in 
     the heading and inserting ``CERTAIN QUALIFIED BONDS''.
                                 ______
                                 
  SA 4801. Mr. DURBIN (for Mr. Leahy (for himself and Mr. Hatch)) 
proposed an amendment to the bill H.R. 628, to establish a pilot 
program in certain United States district courts to encourage 
enhancement of expertise in patent cases among district judges; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS.

       (a) Establishment.--
       (1) In general.--There is established a program, in each of 
     the United States district courts designated under subsection 
     (b), under which--
       (A) those district judges of that district court who 
     request to hear cases under which 1 or more issues arising 
     under any Act of Congress relating to patents or plant 
     variety protection are required to be decided, are designated 
     by the chief judge of the court to hear those cases;
       (B) cases described in subparagraph (A) are randomly 
     assigned to the judges of the district court, regardless of 
     whether the judges are designated under subparagraph (A);
       (C) a judge not designated under subparagraph (A) to whom a 
     case is assigned under subparagraph (B) may decline to accept 
     the case; and
       (D) a case declined under subparagraph (C) is randomly 
     reassigned to 1 of those judges of the court designated under 
     subparagraph (A).
       (2) Senior judges.--Senior judges of a district court may 
     be designated under paragraph (1)(A) if at least 1 judge of 
     the court in regular active service is also so designated.
       (3) Right to transfer cases preserved.--This section shall 
     not be construed to limit the ability of a judge to request 
     the reassignment of or otherwise transfer a case to which the 
     judge is assigned under this section, in accordance with 
     otherwise applicable rules of the court.
       (b) Designation.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this Act, the Director of the Administrative 
     Office of the United States Courts shall designate not less 
     than 6 United States district courts, in at least 3 different 
     judicial circuits, in which the program established under 
     subsection (a) will be carried out.
       (2) Criteria for designations.--
       (A) In general.--The Director shall make designations under 
     paragraph (1) from--
       (i) the 15 district courts in which the largest number of 
     patent and plant variety protection cases were filed in the 
     most recent calendar year that has ended; or
       (ii) the district courts that have adopted, or certified to 
     the Director the intention to adopt, local rules for patent 
     and plant variety protection cases.
       (B) Selection of courts.--From amongst the district courts 
     that satisfy the criteria for designation under this 
     subsection, the Director shall select--
       (i) 3 district courts that each have at least 10 district 
     judges authorized to be appointed by the President, whether 
     under section 133(a) of title 28, United States Code, or on a 
     temporary basis under any other provision of law, and at 
     least 3 judges of the court have made the request under 
     subsection (a)(1)(A); and
       (ii) 3 district courts that each have fewer than 10 
     district judges authorized to be appointed by the President, 
     whether under section 133(a) of title 28, United States Code, 
     or on a temporary basis under any other provision of law, and 
     at least 2 judges of the court have made the request under 
     subsection (a)(1)(A).
       (c) Duration.--The program established under subsection (a) 
     shall terminate 10 years after the end of the 6-month period 
     described in subsection (b).
       (d) Applicability.--The program established under 
     subsection (a) shall apply in a district court designated 
     under subsection (b) only to cases commenced on or after the 
     date of such designation.
       (e) Reports to Congress.--
       (1) In general.--At the times specified in paragraph (2), 
     the Director of the Administrative Office of the United 
     States Courts, in consultation with the chief judge of each 
     of the district courts designated under subsection (b) and 
     the Director of the Federal Judicial Center, shall submit to 
     the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate a report on the pilot program established under 
     subsection (a). The report shall include--
       (A) an analysis of the extent to which the program has 
     succeeded in developing expertise in patent and plant variety 
     protection cases among the district judges of the district 
     courts so designated;
       (B) an analysis of the extent to which the program has 
     improved the efficiency of the courts involved by reason of 
     such expertise;
       (C) with respect to patent cases handled by the judges 
     designated pursuant to subsection (a)(1)(A) and judges not so 
     designated, a comparison between the 2 groups of judges with 
     respect to--
       (i) the rate of reversal by the Court of Appeals for the 
     Federal Circuit, of such cases on the issues of claim 
     construction and substantive patent law; and
       (ii) the period of time elapsed from the date on which a 
     case is filed to the date on which trial begins or summary 
     judgment is entered;
       (D) a discussion of any evidence indicating that litigants 
     select certain of the judicial districts designated under 
     subsection (b) in an attempt to ensure a given outcome; and
       (E) an analysis of whether the pilot program should be 
     extended to other district courts, or should be made 
     permanent and apply to all district courts.

[[Page S8929]]

       (2) Timetable for reports.--The times referred to in 
     paragraph (1) are--
       (A) not later than the date that is 5 years and 3 months 
     after the end of the 6-month period described in subsection 
     (b); and
       (B) not later than 5 years after the date described in 
     subparagraph (A).
       (3) Periodic reports.--The Director of the Administrative 
     Office of the United States Courts, in consultation with the 
     chief judge of each of the district courts designated under 
     subsection (b) and the Director of the Federal Judicial 
     Center, shall keep the committees referred to in paragraph 
     (1) informed, on a periodic basis while the pilot program is 
     in effect, with respect to the matters referred to in 
     subparagraphs (A) through (E) of paragraph (1).
                                 ______
                                 
  SA 4802. Mr. DURBIN (for Mr. Akaka) proposed an amendment to the bill 
S. 3447, to amend title 38, United States Code, to improve educational 
assistance for veterans who served in the Armed Forces after September 
11, 2001, and for other purposes; as follows:

       On page 22, in the matter following line 17, insert after 
     the item relating to section 2 the following:

Sec. 3. Statutory Pay-As-You-Go Act compliance.

       On page 23, between lines 6 and 7, insert the following:

     SEC. 3. STATUTORY PAY-AS-YOU-GO ACT COMPLIANCE.

       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 Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
       On page 25, line 23, insert after the period the following: 
     ``However, no benefits otherwise payable by reason of such 
     amendment for the period beginning on August 1, 2009, and 
     ending on September 30, 2011, may be paid before October 1, 
     2011.''.
       On page 29, line 3, strike ``$20,000'' and insert 
     ``$17,500''.
       On page 32, strike lines 5 through 8 and insert the 
     following:
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on August 
     1, 2011, and shall apply with respect to amounts payable for 
     educational assistance for pursuit of programs of education 
     on or after that date.
       (2) Stipend for distance learning on more than half-time 
     basis.--Clause (iii) of section 3313(c)(1)(B) of title 38, 
     United States Code (as added by subsection (b)(2) of this 
     section), shall take effect on October 1, 2011, and shall 
     apply with respect to amounts payable for educational 
     assistance for pursuit of programs of education as covered by 
     such clause on or after that date.
       On page 33, strike line 7 and all that follows through page 
     34, line 8, and insert the following:
       ``(i) in the case of a program of education pursued at a 
     public institution of higher learning, the actual net cost 
     for in-State tuition and fees assessed by the institution for 
     the program of education after the application of--

       ``(I) any waiver of, or reduction in, tuition and fees; and
       ``(II) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees;

       ``(ii) in the case of a program of education pursued at a 
     non-public or foreign institution of higher learning, the 
     lesser of--

       ``(I) the actual net cost for tuition and fees assessed by 
     the institution for the program of education after the 
     application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $17,500; or
       ``(bb) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subclause, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h); or''.
       On page 35, strike lines 12 through 17 and insert the 
     following:
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     that is 60 days after the date of the enactment of this Act, 
     and shall apply with respect to amounts payable for 
     educational assistance for pursuit of programs of education 
     on or after such effective date.
       (2) Lump sum for books and other educational costs.--
     Subparagraph (B) of section 3313(e)(2) of title 38, United 
     States Code (as added by subsection (a)(2)(E) of this 
     section), shall take effect on October 1, 2011, and shall 
     apply with respect to amounts payable for educational 
     assistance for pursuit of programs of education on or after 
     that date.
       On page 39, line 17, strike ``$20,000'' and insert 
     ``$17,500''.
       On page 45, line 24, strike ``$12,000'' and insert 
     ``$10,000''.
       On page 47, line 25, strike ``$10,000'' and insert 
     ``$8,500''.
       On page 51, line 13, strike ``August 1, 2011'' and insert 
     ``October 1, 2011''.
       On page 52, line 21, strike ``$1,667'' and insert 
     ``$1,460''.
       On page 54, line 20, strike ``$1,667'' and insert 
     ``$1,460''.
       On page 73, line 18, strike ``August 1, 2011'' and insert 
     ``October 1, 2011''.
                                 ______
                                 
  SA 4803. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) 
to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to 
extend the funding and expenditure authority of the Airport and Airway 
Trust Fund, to amend title 49, United States Code, to extend 
authorizations for the airport improvement program, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2009 tax relief.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

Sec. 201. Temporary extension of increased alternative minimum tax 
              exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for 
              nonrefundable personal credits.

                 TITLE III--TEMPORARY ESTATE TAX RELIEF

Sec. 301. Reinstatement of estate tax; repeal of carryover basis.
Sec. 302. Modifications to estate, gift, and generation-skipping 
              transfer taxes.
Sec. 303. Applicable exclusion amount increased by unused exclusion 
              amount of deceased spouse.
Sec. 304. Application of EGTRRA sunset to this title.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

Sec. 401. Extension of bonus depreciation; temporary 100 percent 
              expensing for certain business assets.
Sec. 402. Temporary extension of increased small business expensing.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

Sec. 501. Temporary extension of unemployment insurance provisions.
Sec. 502. Temporary modification of indicators under the extended 
              benefit program.
Sec. 503. Technical amendment relating to collection of unemployment 
              compensation debts.
Sec. 504. Technical correction relating to repeal of continued dumping 
              and subsidy offset.
Sec. 505. Additional extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

Sec. 701. Incentives for biodiesel and renewable diesel.
Sec. 702. Credit for refined coal facilities.
Sec. 703. New energy efficient home credit.
Sec. 704. Excise tax credits and outlay payments for alternative fuel 
              and alternative fuel mixtures.
Sec. 705. Special rule for sales or dispositions to implement FERC or 
              State electric restructuring policy for qualified 
              electric utilities.
Sec. 706. Suspension of limitation on percentage depletion for oil and 
              gas from marginal wells.
Sec. 707. Extension of grants for specified energy property in lieu of 
              tax credits.
Sec. 709. Energy efficient appliance credit.
Sec. 710. Credit for nonbusiness energy property.

[[Page S8930]]

Sec. 711. Alternative fuel vehicle refueling property.

                   Subtitle B--Individual Tax Relief

Sec. 721. Deduction for certain expenses of elementary and secondary 
              school teachers.
Sec. 722. Deduction of State and local sales taxes.
Sec. 723. Contributions of capital gain real property made for 
              conservation purposes.
Sec. 724. Above-the-line deduction for qualified tuition and related 
              expenses.
Sec. 725. Tax-free distributions from individual retirement plans for 
              charitable purposes.
Sec. 726. Look-thru of certain regulated investment company stock in 
              determining gross estate of nonresidents.
Sec. 727. Parity for exclusion from income for employer-provided mass 
              transit and parking benefits.
Sec. 728. Refunds disregarded in the administration of Federal programs 
              and federally assisted programs.

                    Subtitle C--Business Tax Relief

Sec. 731. Research credit.
Sec. 732. Indian employment tax credit.
Sec. 733. New markets tax credit.
Sec. 734. Railroad track maintenance credit.
Sec. 735. Mine rescue team training credit.
Sec. 736. Employer wage credit for employees who are active duty 
              members of the uniformed services.
Sec. 737. 15-year straight-line cost recovery for qualified leasehold 
              improvements, qualified restaurant buildings and 
              improvements, and qualified retail improvements.
Sec. 738. 7-year recovery period for motorsports entertainment 
              complexes.
Sec. 739. Accelerated depreciation for business property on an Indian 
              reservation.
Sec. 740. Enhanced charitable deduction for contributions of food 
              inventory.
Sec. 741. Enhanced charitable deduction for contributions of book 
              inventories to public schools.
Sec. 742. Enhanced charitable deduction for corporate contributions of 
              computer inventory for educational purposes.
Sec. 743. Election to expense mine safety equipment.
Sec. 744. Special expensing rules for certain film and television 
              productions.
Sec. 745. Expensing of environmental remediation costs.
Sec. 746. Deduction allowable with respect to income attributable to 
              domestic production activities in Puerto Rico.
Sec. 747. Modification of tax treatment of certain payments to 
              controlling exempt organizations.
Sec. 748. Treatment of certain dividends of regulated investment 
              companies.
Sec. 749. RIC qualified investment entity treatment under FIRPTA.
Sec. 750. Exceptions for active financing income.
Sec. 751. Look-thru treatment of payments between related controlled 
              foreign corporations under foreign personal holding 
              company rules.
Sec. 752. Basis adjustment to stock of S corps making charitable 
              contributions of property.
Sec. 753. Empowerment zone tax incentives.
Sec. 754. Tax incentives for investment in the District of Columbia.
Sec. 755. Temporary increase in limit on cover over of rum excise taxes 
              to Puerto Rico and the Virgin Islands.
Sec. 756. American Samoa economic development credit.
Sec. 757. Work opportunity credit.
Sec. 758. Qualified zone academy bonds.
Sec. 759. Mortgage insurance premiums.
Sec. 760. Temporary exclusion of 100 percent of gain on certain small 
              business stock.

            Subtitle D--Temporary Disaster Relief Provisions

                    subpart a--new york liberty zone

Sec. 761. Tax-exempt bond financing.

                           subpart b--go zone

Sec. 762. Increase in rehabilitation credit.
Sec. 763. Low-income housing credit rules for buildings in GO zones.
Sec. 764. Tax-exempt bond financing.
Sec. 765. Bonus depreciation deduction applicable to the GO Zone.

                    TITLE VIII--BUDGETARY PROVISIONS

Sec. 801. Determination of budgetary effects.
Sec. 802. Emergency designations.

               TITLE I--TEMPORARY EXTENSION OF TAX RELIEF

     SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

       (a) Temporary Extension.--
       (1) In general.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2010'' both places it appears and inserting 
     ``December 31, 2012''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.
       (b) Separate Sunset for Expansion of Adoption Benefits 
     Under the Patient Protection and Affordable Care Act.--
       (1) In general.--Subsection (c) of section 10909 of the 
     Patient Protection and Affordable Care Act is amended to read 
     as follows:
       ``(c) Sunset Provision.--Each provision of law amended by 
     this section is amended to read as such provision would read 
     if this section had never been enacted. The amendments made 
     by the preceding sentence shall apply to taxable years 
     beginning after December 31, 2011.''.
       (2) Conforming amendment.--Subsection (d) of section 10909 
     of such Act is amended by striking ``The amendments'' and 
     inserting ``Except as provided in subsection (c), the 
     amendments''.

     SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

       (a) In General.--Section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 is amended by striking 
     ``December 31, 2010'' and inserting ``December 31, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the Jobs 
     and Growth Tax Relief Reconciliation Act of 2003.

     SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF.

       (a) American Opportunity Tax Credit.--
       (1) In general.--Section 25A(i) is amended by striking ``or 
     2010'' and inserting ``, 2010, 2011, or 2012''.
       (2) Treatment of possessions.--Section 1004(c)(1) of the 
     American Recovery and Reinvestment Tax Act of 2009 is amended 
     by striking ``and 2010'' each place it appears and inserting 
     ``, 2010, 2011, and 2012''.
       (b) Child Tax Credit.--Section 24(d)(4) is amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (c) Earned Income Tax Credit.--Section 32(b)(3) is 
     amended--
       (1) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2011, and 2012'', and
       (2) by striking ``or 2010'' and inserting ``, 2010, 2011, 
     or 2012''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

         TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF

     SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE 
                   MINIMUM TAX EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) is 
     amended--
       (1) by striking ``$70,950'' and all that follows through 
     ``2009'' in subparagraph (A) and inserting ``$72,450 in the 
     case of taxable years beginning in 2010 and $74,450 in the 
     case of taxable years beginning in 2011'', and
       (2) by striking ``$46,700'' and all that follows through 
     ``2009'' in subparagraph (B) and inserting ``$47,450 in the 
     case of taxable years beginning in 2010 and $48,450 in the 
     case of taxable years beginning in 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
       (c) Repeal of EGTRRA Sunset.--Title IX of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 (relating to 
     sunset of provisions of such Act) shall not apply to title 
     VII of such Act (relating to alternative minimum tax).

     SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX 
                   RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) is 
     amended--
       (1) by striking ``or 2009'' and inserting ``2009, 2010, or 
     2011'', and
       (2) by striking ``2009'' in the heading thereof and 
     inserting ``2011''.
       (b)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

                 TITLE III--TEMPORARY ESTATE TAX RELIEF

     SEC. 301. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER 
                   BASIS.

       (a) In General.--Each provision of law amended by subtitle 
     A or E of title V of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended to read as such 
     provision would read if such subtitle had never been enacted.
       (b) Conforming Amendment.--On and after January 1, 2011, 
     paragraph (1) of section 2505(a) of the Internal Revenue Code 
     of 1986 is amended to read as such paragraph would read if 
     section 521(b)(2) of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 had never been enacted.
       (c) Special Election With Respect to Estates of Decedents 
     Dying in 2010.--Notwithstanding subsection (a), in the case 
     of an estate of a decedent dying after December 31, 2009, and 
     before January 1, 2011, the executor (within the meaning of 
     section 2203 of the Internal Revenue Code of 1986) may elect 
     to apply such Code as though the amendments made by 
     subsection (a) do not apply with respect to chapter 11 of 
     such Code and with respect to property acquired or passing 
     from such decedent (within the meaning of section 1014(b) of 
     such Code).  Such election shall be made at such time and in 
     such manner as the Secretary of the Treasury or the 
     Secretary's delegate shall provide. Such an election once

[[Page S8931]]

     made shall be revocable only with the consent of the 
     Secretary of the Treasury or the Secretary's delegate. For 
     purposes of section 2652(a)(1) of such Code, the 
     determination of whether any property is subject to the tax 
     imposed by such chapter 11 shall be made without regard to 
     any election made under this subsection.
       (d) Extension of Time for Performing Certain Acts.--
       (1) Estate tax.--In the case of the estate of a decedent 
     dying after December 31, 2009, and before the date of the 
     enactment of this Act, the due date for--
       (A) filing any return under section 6018 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) as such section is in effect after the 
     date of the enactment of this Act without regard to any 
     election under subsection (c),
       (B) making any payment of tax under chapter 11 of such 
     Code, and
       (C) making any disclaimer described in section 2518(b) of 
     such Code of an interest in property passing by reason of the 
     death of such decedent,
     shall not be earlier than the date which is 9 months after 
     the date of the enactment of this Act.
       (2) Generation-skipping tax.--In the case of any 
     generation-skipping transfer made after December 31, 2009, 
     and before the date of the enactment of this Act, the due 
     date for filing any return under section 2662 of the Internal 
     Revenue Code of 1986 (including any election required to be 
     made on such a return) shall not be earlier than the date 
     which is 9 months after the date of the enactment of this 
     Act.
       (e) Effective Date.--Except as otherwise provided in this 
     section, the amendments made by this section shall apply to 
     estates of decedents dying, and transfers made, after 
     December 31, 2009.

     SEC. 302. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-
                   SKIPPING TRANSFER TAXES.

       (a) Modifications to Estate Tax.--
       (1) $5,000,000 applicable exclusion amount.--Subsection (c) 
     of section 2010 is amended to read as follows:
       ``(c) Applicable Credit Amount.--
       ``(1) In general.--For purposes of this section, the 
     applicable credit amount is the amount of the tentative tax 
     which would be determined under section 2001(c) if the amount 
     with respect to which such tentative tax is to be computed 
     were equal to the applicable exclusion amount.
       ``(2) Applicable exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable exclusion amount is $5,000,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2011, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2010' for `calendar year 1992' in subparagraph 
     (B) thereof.
     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.''.
       (2) Maximum estate tax rate equal to 35 percent.--
     Subsection (c) of section 2001 is amended--
       (A) by striking ``Over $500,000'' and all that follows in 
     the table contained in paragraph (1) and inserting the 
     following:


``Over $500,000...........................  $155,800, plus 35 percent of
                                             the excess of such amount
                                             over $500,000.'',
 

       (B) by striking ``(1) In general.--'', and
       (C) by striking paragraph (2).
       (b) Modifications to Gift Tax.--
       (1) Restoration of unified credit against gift tax.--
       (A) In general.--Paragraph (1) of section 2505(a), after 
     the application of section 301(b), is amended by striking 
     ``(determined as if the applicable exclusion amount were 
     $1,000,000)''.
       (B) Effective date.--The amendment made by this paragraph 
     shall apply to gifts made after December 31, 2010.
       (2) Modification of gift tax rate.--On and after January 1, 
     2011, subsection (a) of section 2502 is amended to read as 
     such subsection would read if section 511(d) of the Economic 
     Growth and Tax Relief Reconciliation Act of 2001 had never 
     been enacted.
       (c) Modification of Generation-skipping Transfer Tax.--In 
     the case of any generation-skipping transfer made after 
     December 31, 2009, and before January 1, 2011, the applicable 
     rate determined under section 2641(a) of the Internal Revenue 
     Code of 1986 shall be zero.
       (d) Modifications of Estate and Gift Taxes to Reflect 
     Differences in Credit Resulting From Different Tax Rates.--
       (1) Estate tax.--
       (A) In general.--Section 2001(b)(2) is amended by striking 
     ``if the provisions of subsection (c) (as in effect at the 
     decedent's death)'' and inserting ``if the modifications 
     described in subsection (g)''.
       (B) Modifications.--Section 2001 is amended by adding at 
     the end the following new subsection:
       ``(g) Modifications to Gift Tax Payable to Reflect 
     Different Tax Rates.--For purposes of applying subsection 
     (b)(2) with respect to 1 or more gifts, the rates of tax 
     under subsection (c) in effect at the decedent's death shall, 
     in lieu of the rates of tax in effect at the time of such 
     gifts, be used both to compute--
       ``(1) the tax imposed by chapter 12 with respect to such 
     gifts, and
       ``(2) the credit allowed against such tax under section 
     2505, including in computing--
       ``(A) the applicable credit amount under section 
     2505(a)(1), and
       ``(B) the sum of the amounts allowed as a credit for all 
     preceding periods under section 2505(a)(2).''.
       (2) Gift tax.--Section 2505(a) is amended by adding at the 
     end the following new flush sentence:
     ``For purposes of applying paragraph (2) for any calendar 
     year, the rates of tax in effect under section 2502(a)(2) for 
     such calendar year shall, in lieu of the rates of tax in 
     effect for preceding calendar periods, be used in determining 
     the amounts allowable as a credit under this section for all 
     preceding calendar periods.''.
       (e) Conforming Amendment.--Section 2511 is amended by 
     striking subsection (c).
       (f) Effective Date.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to estates of decedents dying, generation-skipping transfers, 
     and gifts made, after December 31, 2009.

     SEC. 303. APPLICABLE EXCLUSION AMOUNT INCREASED BY UNUSED 
                   EXCLUSION AMOUNT OF DECEASED SPOUSE.

       (a) In General.--Section 2010(c), as amended by section 
     302(a), is amended by striking paragraph (2) and inserting 
     the following new paragraphs:
       ``(2) Applicable exclusion amount.--For purposes of this 
     subsection, the applicable exclusion amount is the sum of--
       ``(A) the basic exclusion amount, and
       ``(B) in the case of a surviving spouse, the deceased 
     spousal unused exclusion amount.
       ``(3) Basic exclusion amount.--
       ``(A) In general.--For purposes of this subsection, the 
     basic exclusion amount is $5,000,000.
       ``(B) Inflation adjustment.--In the case of any decedent 
     dying in a calendar year after 2011, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2010' for `calendar year 1992' in subparagraph 
     (B) thereof.
     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10,000, such amount shall be rounded to the 
     nearest multiple of $10,000.
       ``(4) Deceased spousal unused exclusion amount.--For 
     purposes of this subsection, with respect to a surviving 
     spouse of a deceased spouse dying after December 31, 2010, 
     the term `deceased spousal unused exclusion amount' means the 
     lesser of--
       ``(A) the basic exclusion amount, or
       ``(B) the excess of--
       ``(i) the basic exclusion amount of the last such deceased 
     spouse of such surviving spouse, over
       ``(ii) the amount with respect to which the tentative tax 
     is determined under section 2001(b)(1) on the estate of such 
     deceased spouse.
       ``(5) Special rules.--
       ``(A) Election required.--A deceased spousal unused 
     exclusion amount may not be taken into account by a surviving 
     spouse under paragraph (2) unless the executor of the estate 
     of the deceased spouse files an estate tax return on which 
     such amount is computed and makes an election on such return 
     that such amount may be so taken into account. Such election, 
     once made, shall be irrevocable. No election may be made 
     under this subparagraph if such return is filed after the 
     time prescribed by law (including extensions) for filing such 
     return.
       ``(B) Examination of prior returns after expiration of 
     period of limitations with respect to deceased spousal unused 
     exclusion amount.--Notwithstanding any period of limitation 
     in section 6501, after the time has expired under section 
     6501 within which a tax may be assessed under chapter 11 or 
     12 with respect to a deceased spousal unused exclusion 
     amount, the Secretary may examine a return of the deceased 
     spouse to make determinations with respect to such amount for 
     purposes of carrying out this subsection.
       ``(6) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this subsection.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 2505(a), as amended by section 
     302(b)(1), is amended to read as follows:
       ``(1) the applicable credit amount in effect under section 
     2010(c) which would apply if the donor died as of the end of 
     the calendar year, reduced by''.
       (2) Section 2631(c) is amended by striking ``the applicable 
     exclusion amount'' and inserting ``the basic exclusion 
     amount''.
       (3) Section 6018(a)(1) is amended by striking ``applicable 
     exclusion amount'' and inserting ``basic exclusion amount''.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to estates of 
     decedents dying and gifts made after December 31, 2010.
       (2) Conforming amendment relating to generation-skipping 
     transfers.--The amendment made by subsection (b)(2) shall 
     apply to generation-skipping transfers after December 31, 
     2010.

[[Page S8932]]

     SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 shall apply to the amendments made 
     by this section.

         TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES

     SEC. 401. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 
                   PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.

       (a) In General.--Paragraph (2) of section 168(k) is 
     amended--
       (1) by striking ``January 1, 2012'' in subparagraph (A)(iv) 
     and inserting ``January 1, 2014'', and
       (2) by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2013''.
       (b) Temporary 100 Percent Expensing.--Subsection (k) of 
     section 168 is amended by adding at the end the following new 
     paragraph:
       ``(5) Special rule for property acquired during certain 
     pre-2012 periods.--In the case of qualified property acquired 
     by the taxpayer (under rules similar to the rules of clauses 
     (ii) and (iii) of paragraph (2)(A)) after September 8, 2010, 
     and before January 1, 2012, and which is placed in service by 
     the taxpayer before January 1, 2012 (January 1, 2013, in the 
     case of property described in subparagraph (2)(B) or (2)(C)), 
     paragraph (1)(A) shall be applied by substituting `100 
     percent' for `50 percent'.''.
       (c) Extension of Election to Accelerate the AMT Credit in 
     Lieu of Bonus Depreciation.--
       (1) Extension.--Clause (iii) of section 168(k)(4)(D) is 
     amended by striking ``or production'' and all that follows 
     and inserting ``or production--

       ``(I) after March 31, 2008, and before January 1, 2010, and
       ``(II) after December 31, 2010, and before January 1, 2013,

     shall be taken into account under subparagraph (B)(ii) 
     thereof,''.
       (2) Rules for round 2 extension property.--Paragraph (4) of 
     section 168(k) is amended by adding at the end the following 
     new subparagraph:
       ``(I) Special rules for round 2 extension property.--
       ``(i) In general.--In the case of round 2 extension 
     property, this paragraph shall be applied without regard to--

       ``(I) the limitation described in subparagraph (B)(i) 
     thereof, and
       ``(II) the business credit increase amount under 
     subparagraph (E)(iii) thereof.

       ``(ii) Taxpayers previously electing acceleration.--In the 
     case of a taxpayer who made the election under subparagraph 
     (A) for its first taxable year ending after March 31, 2008, 
     or a taxpayer who made the election under subparagraph 
     (H)(ii) for its first taxable year ending after December 31, 
     2008--

       ``(I) the taxpayer may elect not to have this paragraph 
     apply to round 2 extension property, but
       ``(II) if the taxpayer does not make the election under 
     subclause (I), in applying this paragraph to the taxpayer the 
     bonus depreciation amount, maximum amount, and maximum 
     increase amount shall be computed and applied to eligible 
     qualified property which is round 2 extension property.

     The amounts described in subclause (II) shall be computed 
     separately from any amounts computed with respect to eligible 
     qualified property which is not round 2 extension property.
       ``(iii) Taxpayers not previously electing acceleration.--In 
     the case of a taxpayer who neither made the election under 
     subparagraph (A) for its first taxable year ending after 
     March 31, 2008, nor made the election under subparagraph 
     (H)(ii) for its first taxable year ending after December 31, 
     2008--

       ``(I) the taxpayer may elect to have this paragraph apply 
     to its first taxable year ending after December 31, 2010, and 
     each subsequent taxable year, and
       ``(II) if the taxpayer makes the election under subclause 
     (I), this paragraph shall only apply to eligible qualified 
     property which is round 2 extension property.

       ``(iv) Round 2 extension property.--For purposes of this 
     subparagraph, the term `round 2 extension property' means 
     property which is eligible qualified property solely by 
     reason of the extension of the application of the special 
     allowance under paragraph (1) pursuant to the amendments made 
     by section 401(a) of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (and the 
     application of such extension to this paragraph pursuant to 
     the amendment made by section 401(c)(1) of such Act).''.
       (d) Conforming Amendments.--
       (1) The heading for subsection (k) of section 168 is 
     amended by striking ``January 1, 2011'' and inserting 
     ``January 1, 2013''.
       (2) The heading for clause (ii) of section 168(k)(2)(B) is 
     amended by striking ``pre-january 1, 2011'' and inserting 
     ``pre-january 1, 2013''.
       (3) Subparagraph (D) of section 168(k)(4) is amended--
       (A) by striking clauses (iv) and (v),
       (B) by inserting ``and'' at the end of clause (ii), and
       (C) by striking the comma at the end of clause (iii) and 
     inserting a period.
       (4) Paragraph (5) of section 168(l) is amended--
       (A) by inserting ``and'' at the end of subparagraph (A),
       (B) by striking subparagraph (B), and
       (C) by redesignating subparagraph (C) as subparagraph (B).
       (5) Subparagraph (C) of section 168(n)(2) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (6) Subparagraph (D) of section 1400L(b)(2) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (7) Subparagraph (B) of section 1400N(d)(3) is amended by 
     striking ``January 1, 2011'' and inserting ``January 1, 
     2013''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to property 
     placed in service after December 31, 2010, in taxable years 
     ending after such date.
       (2) Temporary 100 percent expensing.--The amendment made by 
     subsection (b) shall apply to property placed in service 
     after September 8, 2010, in taxable years ending after such 
     date.

     SEC. 402. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS 
                   EXPENSING.

       (a) Dollar Limitation.--Section 179(b)(1) is amended by 
     striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $125,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $25,000 in the case of taxable years beginning after 
     2012.''.
       (b) Reduction in Limitation.--Section 179(b)(2) is amended 
     by striking ``and'' at the end of subparagraph (B) and by 
     striking subparagraph (C) and inserting the following new 
     subparagraphs:
       ``(C) $500,000 in the case of taxable years beginning in 
     2012, and
       ``(D) $200,000 in the case of taxable years beginning after 
     2012.''.
       (c) Inflation Adjustment.--Subsection (b) of section 179 is 
     amended by adding at the end the following new paragraph:
       ``(6) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning in calendar year 2012, the $125,000 and $500,000 
     amounts in paragraphs (1)(C) and (2)(C) shall each be 
     increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2006' for 
     `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--
       ``(i) Dollar limitation.--If the amount in paragraph (1) as 
     increased under subparagraph (A) is not a multiple of $1,000, 
     such amount shall be rounded to the nearest multiple of 
     $1,000.
       ``(ii) Phaseout amount.--If the amount in paragraph (2) as 
     increased under subparagraph (A) is not a multiple of 
     $10,000, such amount shall be rounded to the nearest multiple 
     of $10,000.''.
       (d) Computer Software.--Section 179(d)(1)(A)(ii) is amended 
     by striking ``2012'' and inserting ``2013''.
       (e) Conforming Amendment.--Section 179(c)(2) is amended by 
     striking ``2012'' and inserting ``2013''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

  TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED 
                                MATTERS

     SEC. 501. TEMPORARY 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--
       (A) by striking ``November 30, 2010'' each place it appears 
     and inserting ``January 3, 2012'';
       (B) in the heading for subsection (b)(2), by striking 
     ``november 30, 2010'' and inserting ``january 3, 2012''; and
       (C) in subsection (b)(3), by striking ``April 30, 2011'' 
     and inserting ``June 9, 2012''.
       (2) 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 ``December 1, 2010'' each place it appears 
     and inserting ``January 4, 2012''; and
       (B) in subsection (c), by striking ``May 1, 2011'' and 
     inserting ``June 11, 2012''.
       (3) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``April 30, 2011'' and inserting ``June 
     10, 2012''.
       (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 (E), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (F) the following:
       ``(G) the amendments made by section 501(a)(1) of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010; and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Unemployment Compensation Extension Act of 2010 (Public Law 
     111-205).

     SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE 
                   EXTENDED BENEFIT PROGRAM.

       (a) Indicator.--Section 203(d) of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended, in the flush matter following 
     paragraph (2), by inserting after the first sentence the 
     following sentence: ``Effective with

[[Page S8933]]

     respect to compensation for weeks of unemployment beginning 
     after the date of enactment of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010 (or, 
     if later, the date established pursuant to State law), and 
     ending on or before December 31, 2011, the State may by law 
     provide that the determination of whether there has been a 
     state `on' or `off' indicator beginning or ending any 
     extended benefit period shall be made under this subsection 
     as if the word `two' were `three' in subparagraph (1)(A).''.
       (b) Alternative Trigger.--Section 203(f) of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Effective with respect to compensation for weeks of 
     unemployment beginning after the date of enactment of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (or, if later, the date established 
     pursuant to State law), and ending on or before December 31, 
     2011, the State may by law provide that the determination of 
     whether there has been a state `on' or `off' indicator 
     beginning or ending any extended benefit period shall be made 
     under this subsection as if the word `either' were `any', the 
     word ``both'' were `all', and the figure `2' were `3' in 
     clause (1)(A)(ii).''.

     SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF 
                   UNEMPLOYMENT COMPENSATION DEBTS.

       (a) In General.--Section 6402(f)(3)(C), as amended by 
     section 801 of the Claims Resolution Act of 2010, is amended 
     by striking ``is not a covered unemployment compensation 
     debt'' and inserting ``is a covered unemployment compensation 
     debt''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in section 801 of the Claims 
     Resolution Act of 2010.

     SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF 
                   CONTINUED DUMPING AND SUBSIDY OFFSET.

       (a) In General.--Section 822(2)(A) of the Claims Resolution 
     Act of 2010 is amended by striking ``or'' and inserting 
     ``and''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the provisions of the 
     Claims Resolution Act of 2010.

     SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE 
                   RAILROAD UNEMPLOYMENT INSURANCE ACT.

       (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act, as added by section 2006 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) and as amended by section 9 of the Worker, 
     Homeownership, and Business Assistance Act of 2009 (Public 
     Law 111-92), is amended--
       (1) by striking ``June 30, 2010'' and inserting ``June 30, 
     2011''; and
       (2) by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Clarification on Authority to Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of additional extended unemployment benefits provided 
     under such section 2(c)(2)(D) by reason of the amendments 
     made by subsection (a) as well as to cover the cost of such 
     benefits provided under such section 2(c)(2)(D), as in effect 
     on the day before the date of the enactment of this Act.

     TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Energy

     SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (b) Excise Tax Credits and Outlay Payments for Biodiesel 
     and Renewable Diesel Fuel Mixtures.--
       (1) Paragraph (6) of section 6426(c) is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2011''.
       (2) Subparagraph (B) of section 6427(e)(6) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any biodiesel mixture credit 
     properly determined under section 6426(c) of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 702. CREDIT FOR REFINED COAL FACILITIES.

       (a) In General.--Subparagraph (B) of section 45(d)(8) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to facilities placed in service after December 
     31, 2009.

     SEC. 703. NEW ENERGY EFFICIENT HOME CREDIT.

       (a) In General.--Subsection (g) of section 45L is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to homes acquired after December 31, 2009.

     SEC. 704. EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR 
                   ALTERNATIVE FUEL AND ALTERNATIVE FUEL MIXTURES.

       (a) In General.--Sections 6426(d)(5), 6426(e)(3), and 
     6427(e)(6)(C) are each amended by striking ``December 31, 
     2009'' and inserting ``December 31, 2011''.
       (b) Exclusion of Black Liquor From Credit Eligibility.--The 
     last sentence of section 6426(d)(2) is amended by striking 
     ``or biodiesel'' and inserting ``biodiesel, or any fuel 
     (including lignin, wood residues, or spent pulping liquors) 
     derived from the production of paper or pulp''.
       (c) Special Rule for 2010.--Notwithstanding any other 
     provision of law, in the case of any alternative fuel credit 
     or any alternative fuel mixture credit properly determined 
     under subsection (d) or (e) of section 6426 of the Internal 
     Revenue Code of 1986 for periods during 2010, such credit 
     shall be allowed, and any refund or payment attributable to 
     such credit (including any payment under section 6427(e) of 
     such Code) shall be made, only in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     provide. Such Secretary shall issue guidance within 30 days 
     after the date of the enactment of this Act providing for a 
     one-time submission of claims covering periods during 2010. 
     Such guidance shall provide for a 180-day period for the 
     submission of such claims (in such manner as prescribed by 
     such Secretary) to begin not later than 30 days after such 
     guidance is issued. Such claims shall be paid by such 
     Secretary not later than 60 days after receipt. If such 
     Secretary has not paid pursuant to a claim filed under this 
     subsection within 60 days after the date of the filing of 
     such claim, the claim shall be paid with interest from such 
     date determined by using the overpayment rate and method 
     under section 6621 of such Code.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

     SEC. 705. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT 
                   FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR 
                   QUALIFIED ELECTRIC UTILITIES.

       (a) In General.--Paragraph (3) of section 451(i) is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions after December 31, 2009.

     SEC. 706. SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION 
                   FOR OIL AND GAS FROM MARGINAL WELLS.

       (a) In General.--Clause (ii) of section 613A(c)(6)(H) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 707. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 
                   IN LIEU OF TAX CREDITS.

       (a) In General.--Subsection (a) of section 1603 of division 
     B of the American Recovery and Reinvestment Act of 2009 is 
     amended--
       (1) in paragraph (1), by striking ``2009 or 2010'' and 
     inserting ``2009, 2010, or 2011'', and
       (2) in paragraph (2)--
       (A) by striking ``after 2010'' and inserting ``after 
     2011'', and
       (B) by striking ``2009 or 2010'' and inserting ``2009, 
     2010, or 2011''.
       (b) Conforming Amendment.--Subsection (j) of section 1603 
     of division B of such Act is amended by striking ``2011'' and 
     inserting ``2012''.
       (B) by striking ``January 1, 2011'' in subparagraph (B) and 
     inserting ``January 1, 2012''.
       (2) Reduced amount for ethanol blenders.--Subsection (h) of 
     section 40 is amended by striking ``2010'' both places it 
     appears and inserting ``2011''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2010.
       (b) Extension of Excise Tax Credit for Alcohol Used as 
     Fuel.--
       (1) In general.--Paragraph (6) of section 6426(b) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to periods after December 31, 2010.
       (c) Extension of Payment for Alcohol Fuel Mixture.--
       (1) In general.--Subparagraph (A) of section 6427(e)(6) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.

     SEC. 709. ENERGY EFFICIENT APPLIANCE CREDIT.

       (a) Dishwashers.--Paragraph (1) of section 45M(b) is 
     amended by striking ``and'' at the

[[Page S8934]]

     end of subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting a comma, and by adding at the 
     end the following new subparagraphs:
       ``(C) $25 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 307 
     kilowatt hours per year and 5.0 gallons per cycle (5.5 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings),
       ``(D) $50 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 295 
     kilowatt hours per year and 4.25 gallons per cycle (4.75 
     gallons per cycle for dishwashers designed for greater than 
     12 place settings), and
       ``(E) $75 in the case of a dishwasher which is manufactured 
     in calendar year 2011 and which uses no more than 280 
     kilowatt hours per year and 4 gallons per cycle (4.5 gallons 
     per cycle for dishwashers designed for greater than 12 place 
     settings).''.
       (b) Clothes Washers.--Paragraph (2) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $175 in the case of a top-loading clothes washer 
     manufactured in calendar year 2011 which meets or exceeds a 
     2.2 modified energy factor and does not exceed a 4.5 water 
     consumption factor, and
       ``(F) $225 in the case of a clothes washer manufactured in 
     calendar year 2011--
       ``(i) which is a top-loading clothes washer and which meets 
     or exceeds a 2.4 modified energy factor and does not exceed a 
     4.2 water consumption factor, or
       ``(ii) which is a front-loading clothes washer and which 
     meets or exceeds a 2.8 modified energy factor and does not 
     exceed a 3.5 water consumption factor.''.
       (c) Refrigerators.--Paragraph (3) of section 45M(b) is 
     amended by striking ``and'' at the end of subparagraph (C), 
     by striking the period at the end of subparagraph (D) and 
     inserting a comma, and by adding at the end the following new 
     subparagraphs:
       ``(E) $150 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 30 percent less 
     energy than the 2001 energy conservation standards, and
       ``(F) $200 in the case of a refrigerator manufactured in 
     calendar year 2011 which consumes at least 35 percent less 
     energy than the 2001 energy conservation standards.''.
       (d) Rebasing of Limitations.--
       (1) In general.--Paragraph (1) of section 45M(e) is 
     amended--
       (A) by striking ``$75,000,000'' and inserting 
     ``$25,000,000'', and
       (B) by striking ``December 31, 2007'' and inserting 
     ``December 31, 2010''.
       (2) Exception for certain refrigerators and clothes 
     washers.--Paragraph (2) of section 45M(e) is amended--
       (A) by striking ``subsection (b)(3)(D)'' and inserting 
     ``subsection (b)(3)(F)'', and
       (B) by striking ``subsection (b)(2)(D)'' and inserting 
     ``subsection (b)(2)(F)''.
       (3) Gross receipts limitation.--Paragraph (3) of section 
     45M(e) is amended by striking ``2 percent'' and inserting ``4 
     percent''.
       (e) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), and (c) shall apply to appliances produced after 
     December 31, 2010.
       (2) Limitations.--The amendments made by subsection (d) 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 710. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension.--Section 25C(g)(2) is amended by striking 
     ``2010'' and inserting ``2011''.
       (b) Return to Pre-ARRA Limitations and Standards.--
       (1) In general.--Subsections (a) and (b) of section 25C are 
     amended to read as follows:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) 10 percent of the amount paid or incurred by the 
     taxpayer for qualified energy efficiency improvements 
     installed during such taxable year, and
       ``(2) the amount of the residential energy property 
     expenditures paid or incurred by the taxpayer during such 
     taxable year.
       ``(b) Limitations.--
       ``(1) Lifetime limitation.--The credit allowed under this 
     section with respect to any taxpayer for any taxable year 
     shall not exceed the excess (if any) of $500 over the 
     aggregate credits allowed under this section with respect to 
     such taxpayer for all prior taxable years ending after 
     December 31, 2005.
       ``(2) Windows.--In the case of amounts paid or incurred for 
     components described in subsection (c)(2)(B) by any taxpayer 
     for any taxable year, the credit allowed under this section 
     with respect to such amounts for such year shall not exceed 
     the excess (if any) of $200 over the aggregate credits 
     allowed under this section with respect to such amounts for 
     all prior taxable years ending after December 31, 2005.
       ``(3) Limitation on residential energy property 
     expenditures.--The amount of the credit allowed under this 
     section by reason of subsection (a)(2) shall not exceed--
       ``(A) $50 for any advanced main air circulating fan,
       ``(B) $150 for any qualified natural gas, propane, or oil 
     furnace or hot water boiler, and
       ``(C) $300 for any item of energy-efficient building 
     property.''.
       (2) Modification of standards.--
       (A) In general.--Paragraph (1) of section 25C(c) is amended 
     by striking ``2000'' and all that follows through ``this 
     section'' and inserting ``2009 International Energy 
     Conservation Code, as such Code (including supplements) is in 
     effect on the date of the enactment of the American Recovery 
     and Reinvestment Tax Act of 2009''.
       (B) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is 
     amended by striking ``, as measured using a lower heating 
     value''.
       (C)  Oil furnaces and hot water boilers.--
       (i) In general.--Paragraph (4) of section 25C(d) is amended 
     to read as follows:
       ``(4) Qualified natural gas, propane, or oil furnace or hot 
     water boiler.--The term `qualified natural gas, propane, or 
     oil furnace or hot water boiler' means a natural gas, 
     propane, or oil furnace or hot water boiler which achieves an 
     annual fuel utilization efficiency rate of not less than 
     95.''.
       (ii) Conforming amendment.--Clause (ii) of section 
     25C(d)(2)(A) is amended to read as follows:
       ``(ii) a qualified natural gas, propane, or oil furnace or 
     hot water boiler, or''.
       (D) Exterior windows, doors, and skylights.--
       (i) In general.--Subsection (c) of section 25C is amended 
     by striking paragraph (4).
       (ii) Application of energy star standards.--Paragraph (1) 
     of section 25C(c) is amended by inserting ``an exterior 
     window, a skylight, an exterior door,'' after ``in the case 
     of'' in the matter preceding subparagraph (A).
       (E) Insulation.--Subparagraph (A) of section 25C(c)(2) is 
     amended by striking ``and meets the prescriptive criteria for 
     such material or system established by the 2009 International 
     Energy Conservation Code, as such Code (including 
     supplements) is in effect on the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009''.
       (3) Subsidized energy financing.--Subsection (e) of section 
     25C is amended by adding at the end the following new 
     paragraph:
       ``(3) Property financed by subsidized energy financing.--
     For purposes of determining the amount of expenditures made 
     by any individual with respect to any property, there shall 
     not be taken into account expenditures which are made from 
     subsidized energy financing (as defined in section 
     48(a)(4)(C)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2010.

     SEC. 711. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

       (a) Extension of Credit.--Paragraph (2) of section 30C(g) 
     is amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2010.

                   Subtitle B--Individual Tax Relief

     SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 
                   SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2009'' and inserting ``2009, 2010, 
     or 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE 
                   FOR CONSERVATION PURPOSES.

       (a) In General.--Clause (vi) of section 170(b)(1)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Contributions by Certain Corporate Farmers and 
     Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND 
                   RELATED EXPENSES.

       (a) In General.--Subsection (e) of section 222 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 
                   PLANS FOR CHARITABLE PURPOSES.

       (a) In General.--Subparagraph (F) of section 408(d)(8) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendment made by this section 
     shall apply to distributions made in taxable years beginning 
     after December 31, 2009.
       (2) Special rule.--For purposes of subsections (a)(6), 
     (b)(3), and (d)(8) of section 408 of the Internal Revenue 
     Code of 1986, at the election of the taxpayer (at such time 
     and in such manner as prescribed by the Secretary of the 
     Treasury) any qualified charitable distribution made after 
     December 31, 2010, and before February 1, 2011, shall be 
     deemed to have been made on December 31, 2010.

[[Page S8935]]

     SEC. 726. LOOK-THRU OF CERTAIN REGULATED INVESTMENT COMPANY 
                   STOCK IN DETERMINING GROSS ESTATE OF 
                   NONRESIDENTS.

       (a) In General.--Paragraph (3) of section 2105(d) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to estates of decedents dying after December 31, 
     2009.

     SEC. 727. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
                   PROVIDED MASS TRANSIT AND PARKING BENEFITS.

       (a) In General.--Paragraph (2) of section 132(f) is amended 
     by striking ``January 1, 2011'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months after December 31, 2010.

     SEC. 728. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       (a) In General.--Subchapter A of chapter 65 is amended by 
     adding at the end the following new section:

     ``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF 
                   FEDERAL PROGRAMS AND FEDERALLY ASSISTED 
                   PROGRAMS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, any refund (or advance payment with respect to a 
     refundable credit) made to any individual under this title 
     shall not be taken into account as income, and shall not be 
     taken into account as resources for a period of 12 months 
     from receipt, for purposes of determining the eligibility of 
     such individual (or any other individual) for benefits or 
     assistance (or the amount or extent of benefits or 
     assistance) under any Federal program or under any State or 
     local program financed in whole or in part with Federal 
     funds.
       ``(b) Termination.--Subsection (a) shall not apply to any 
     amount received after December 31, 2012.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

``Sec. 6409. Refunds disregarded in the administration of Federal 
              programs and federally assisted programs.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2009.

                    Subtitle C--Business Tax Relief

     SEC. 731. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 732. INDIAN EMPLOYMENT TAX CREDIT.

       (a) In General.--Subsection (f) of section 45A is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 733. NEW MARKETS TAX CREDIT.

       (a) In General.--Paragraph (1) of section 45D(f) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (E),
       (2) by striking the period at the end of subparagraph (F), 
     and
       (3) by adding at the end the following new subparagraph:
       ``(G) $3,500,000,000 for 2010 and 2011.''.
       (b) Conforming Amendment.--Paragraph (3) of section 45D(f) 
     is amended by striking ``2014'' and inserting ``2016''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after 2009.

     SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT.

       (a) In General.--Subsection (f) of section 45G is amended 
     by striking ``January 1, 2010'' and inserting ``January 1, 
     2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2009.

     SEC. 735. MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Subsection (e) of section 45N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE 
                   DUTY MEMBERS OF THE UNIFORMED SERVICES.

       (a) In General.--Subsection (f) of section 45P is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after December 31, 2009.

     SEC. 737. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED 
                   LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT 
                   BUILDINGS AND IMPROVEMENTS, AND QUALIFIED 
                   RETAIL IMPROVEMENTS.

       (a) In General.--Clauses (iv), (v), and (ix) of section 
     168(e)(3)(E) are each amended by striking ``January 1, 2010'' 
     and inserting ``January 1, 2012''.
       (b) Conforming Amendments.--
       (1) Clause (i) of section 168(e)(7)(A) is amended by 
     striking ``if such building is placed in service after 
     December 31, 2008, and before January 1, 2010,''.
       (2) Paragraph (8) of section 168(e) is amended by striking 
     subparagraph (E).
       (3) Section 179(f)(2) is amended--
       (A) by striking ``(without regard to the dates specified in 
     subparagraph (A)(i) thereof)'' in subparagraph (B), and
       (B) by striking ``(without regard to subparagraph (E) 
     thereof)'' in subparagraph (C).
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 738. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS 
                   ENTERTAINMENT COMPLEXES.

       (a) In General.--Subparagraph (D) of section 168(i)(15) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 739. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   AN INDIAN RESERVATION.

       (a) In General.--Paragraph (8) of section 168(j) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) In General.--Clause (iv) of section 170(e)(3)(C) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 741. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF 
                   BOOK INVENTORIES TO PUBLIC SCHOOLS.

       (a) In General.--Clause (iv) of section 170(e)(3)(D) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made after December 31, 2009.

     SEC. 742. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE 
                   CONTRIBUTIONS OF COMPUTER INVENTORY FOR 
                   EDUCATIONAL PURPOSES.

       (a) In General.--Subparagraph (G) of section 170(e)(6) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 743. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.

       (a) In General.--Subsection (g) of section 179E is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

     SEC. 744. SPECIAL EXPENSING RULES FOR CERTAIN FILM AND 
                   TELEVISION PRODUCTIONS.

       (a) In General.--Subsection (f) of section 181 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to productions commencing after December 31, 
     2009.

     SEC. 745. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Subsection (h) of section 198 is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2009.

     SEC. 746. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME 
                   ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES 
                   IN PUERTO RICO.

       (a) In General.--Subparagraph (C) of section 199(d)(8) is 
     amended--
       (1) by striking ``first 4 taxable years'' and inserting 
     ``first 6 taxable years''; and
       (2) by striking ``January 1, 2010'' and inserting ``January 
     1, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 747. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 
                   TO CONTROLLING EXEMPT ORGANIZATIONS.

       (a) In General.--Clause (iv) of section 512(b)(13)(E) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments received or accrued after December 
     31, 2009.

     SEC. 748. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 
                   INVESTMENT COMPANIES.

       (a) In General.--Paragraphs (1)(C) and (2)(C) of section 
     871(k) are each amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2011''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 749. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER 
                   FIRPTA.

       (a) In General.--Clause (ii) of section 897(h)(4)(A) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--

[[Page S8936]]

       (1) In general.--The amendment made by subsection (a) shall 
     take effect on January 1, 2010. Notwithstanding the preceding 
     sentence, such amendment shall not apply with respect to the 
     withholding requirement under section 1445 of the Internal 
     Revenue Code of 1986 for any payment made before the date of 
     the enactment of this Act.
       (2) Amounts withheld on or before date of enactment.--In 
     the case of a regulated investment company--
       (A) which makes a distribution after December 31, 2009, and 
     before the date of the enactment of this Act; and
       (B) which would (but for the second sentence of paragraph 
     (1)) have been required to withhold with respect to such 
     distribution under section 1445 of such Code,

     such investment company shall not be liable to any person to 
     whom such distribution was made for any amount so withheld 
     and paid over to the Secretary of the Treasury.

     SEC. 750. EXCEPTIONS FOR ACTIVE FINANCING INCOME.

       (a) In General.--Sections 953(e)(10) and 954(h)(9) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Conforming Amendment.--Section 953(e)(10) is amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2011''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 751. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED 
                   CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN 
                   PERSONAL HOLDING COMPANY RULES.

       (a) In General.--Subparagraph (C) of section 954(c)(6) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2009, and to taxable years of 
     United States shareholders with or within which any such 
     taxable year of such foreign corporation ends.

     SEC. 752. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING 
                   CHARITABLE CONTRIBUTIONS OF PROPERTY.

       (a) In General.--Paragraph (2) of section 1367(a) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2009.

     SEC. 753. EMPOWERMENT ZONE TAX INCENTIVES.

       (a) In General.--Section 1391 is amended--
       (1) by striking ``December 31, 2009'' in subsection 
     (d)(1)(A)(i) and inserting ``December 31, 2011''; and
       (2) by striking the last sentence of subsection (h)(2).
       (b) Increased Exclusion of Gain on Stock of Empowerment 
     Zone Businesses.--Subparagraph (C) of section 1202(a)(2) is 
     amended--
       (1) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (2) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (c) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of an empowerment 
     zone the nomination for which included a termination date 
     which is contemporaneous with the date specified in 
     subparagraph (A)(i) of section 1391(d)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation if, after the date of the 
     enactment of this section, the entity which made such 
     nomination amends the nomination to provide for a new 
     termination date in such manner as the Secretary of the 
     Treasury (or the Secretary's designee) may provide.
       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2009.

     SEC. 754. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) In General.--Subsection (f) of section 1400 is amended 
     by striking ``December 31, 2009'' each place it appears and 
     inserting ``December 31, 2011''.
       (b) Tax-exempt DC Empowerment Zone Bonds.--Subsection (b) 
     of section 1400A is amended by striking ``December 31, 2009'' 
     and inserting ``December 31, 2011''.
       (c) Zero-percent Capital Gains Rate.--
       (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), 
     (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (2) Limitation on period of gains.--
       (A) In general.--Paragraph (2) of section 1400B(e) is 
     amended--
       (i) by striking ``December 31, 2014'' and inserting 
     ``December 31, 2016''; and
       (ii) by striking ``2014'' in the heading and inserting 
     ``2016''.
       (B) Partnerships and s-corps.--Paragraph (2) of section 
     1400B(g) is amended by striking ``December 31, 2014'' and 
     inserting ``December 31, 2016''.
       (d) First-time Homebuyer Credit.--Subsection (i) of section 
     1400C is amended by striking ``January 1, 2010'' and 
     inserting ``January 1, 2012''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to periods after December 31, 2009.
       (2) Tax-exempt dc empowerment zone bonds.--The amendment 
     made by subsection (b) shall apply to bonds issued after 
     December 31, 2009.
       (3) Acquisition dates for zero-percent capital gains 
     rate.--The amendments made by subsection (c) shall apply to 
     property acquired or substantially improved after December 
     31, 2009.
       (4) Homebuyer credit.--The amendment made by subsection (d) 
     shall apply to homes purchased after December 31, 2009.

     SEC. 755. TEMPORARY INCREASE IN LIMIT ON COVER OVER OF RUM 
                   EXCISE TAXES TO PUERTO RICO AND THE VIRGIN 
                   ISLANDS.

       (a) In General.--Paragraph (1) of section 7652(f) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distilled spirits brought into the United 
     States after December 31, 2009.

     SEC. 756. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

       (a) In General.--Subsection (d) of section 119 of division 
     A of the Tax Relief and Health Care Act of 2006 is amended--
       (1) by striking ``first 4 taxable years'' and inserting 
     ``first 6 taxable years'', and
       (2) by striking ``January 1, 2010'' and inserting ``January 
     1, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 757. WORK OPPORTUNITY CREDIT.

       (a) In General.--Subparagraph (B) of section 51(c)(4) is 
     amended by striking ``August 31, 2011'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.

     SEC. 758. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Section 54E(c)(1) is amended--
       (1) by striking ``2008 and'' and inserting ``2008,'', and
       (2) by inserting ``and $400,000,000 for 2011'' after 
     ``2010,''.
       (b) Repeal of Refundable Credit for QZABs.--Paragraph (3) 
     of section 6431(f) is amended by inserting ``determined 
     without regard to any allocation relating to the national 
     zone academy bond limitation for 2011 or any carryforward of 
     such allocation'' after ``54E)'' in subparagraph (A)(iii).
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2010.

     SEC. 759. MORTGAGE INSURANCE PREMIUMS.

       (a) In General.--Clause (iv) of section 163(h)(3)(E) is 
     amended by striking ``December 31, 2010'' and inserting 
     ``December 31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2010.

     SEC. 760. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON 
                   CERTAIN SMALL BUSINESS STOCK.

       (a) In General.--Paragraph (4) of section 1202(a) is 
     amended--
       (1) by striking ``January 1, 2011'' and inserting ``January 
     1, 2012'', and
       (2) by inserting ``and 2011'' after ``2010'' in the heading 
     thereof.
       (b) Effective Date.--The amendments made by this section 
     shall apply to stock acquired after December 31, 2010.

            Subtitle D--Temporary Disaster Relief Provisions

                                  PART

                    Subpart A--New York Liberty Zone

     SEC. 761. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Subparagraph (D) of section 1400L(d)(2) is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to bonds issued after December 31, 2009.

                           Subpart B--GO Zone

     SEC. 762. INCREASE IN REHABILITATION CREDIT.

       (a) In General.--Subsection (h) of section 1400N is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2011''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.

     SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO 
                   ZONES.

       Section 1400N(c)(5) is amended by striking ``January 1, 
     2011'' and inserting ``January 1, 2012''.

     SEC. 764. TAX-EXEMPT BOND FINANCING.

       (a) In General.--Paragraphs (2)(D) and (7)(C) of section 
     1400N(a) are each amended by striking ``January 1, 2011'' and 
     inserting ``January 1, 2012''.
       (b) Conforming Amendments.--Sections 702(d)(1) and 704(a) 
     of the Heartland Disaster Tax Relief Act of 2008 are each 
     amended by striking ``January 1, 2011'' each place it appears 
     and inserting ``January 1, 2012''.

     SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO 
                   ZONE.

       (a) In General.--Paragraph (6) of section 1400N(d) is 
     amended--
       (1) by striking ``December 31, 2010'' both places it 
     appears in subparagraph (B) and inserting ``December 31, 
     2011'', and
       (2) by striking ``January 1, 2010'' in the heading and the 
     text of subparagraph (D) and inserting ``January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2009.

[[Page S8937]]

                    TITLE VIII--BUDGETARY PROVISIONS

     SEC. 801. 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, 
     jointly submitted for printing in the Congressional Record by 
     the Chairmen of the House and Senate Budget Committees, 
     provided that such statement has been submitted prior to the 
     vote on passage in the House acting first on this conference 
     report or amendment between the Houses.

     SEC. 802. EMERGENCY DESIGNATIONS.

       (a) Statutory Paygo.--This Act 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)) except to the extent that the budgetary 
     effects of this Act are determined to be subject to the 
     current policy adjustments under sections 4(c) and 7 of the 
     Statutory Pay-As-You-Go Act.
       (b) Senate.--In the Senate, this Act is designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
       (c) House of Representatives.--In the House of 
     Representatives, every provision of this Act is expressly 
     designated as an emergency for purposes of pay-as-you-go 
     principles except to the extent that any such provision is 
     subject to the current policy adjustments under section 4(c) 
     of the Statutory Pay-As-You-Go Act of 2010.

                         TITLE IX--RESCISSIONS

     SEC. 900. TABLE OF CONTENTS OF TITLE.

       The table of contents of this title is as follows:

                         TITLE IX--RESCISSIONS

Sec. 900. Table of contents of title.

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

Sec. 901. 15 Percent Reduction in appropriations to the Executive 
              Office of the President and Congress.
Sec. 902. No cost of living adjustment in pay of Members of Congress.
Sec. 903. Freeze on cost of Federal employees (including civilian 
              employees of the Department of Defense) salaries.
Sec. 904. Reduction in the number of Federal employees.
Sec. 905. Limitation on Government printing costs.
Sec. 906. Limitation of Government travel costs.
Sec. 907. Reduction in Federal vehicle costs.
Sec. 908. Sale of excess Federal property.
Sec. 909. Prohibition on use of Federal funds to pay unemployment 
              compensation to millionaires.
Sec. 910. Mandatory elimination of duplicative government programs.
Sec. 911. Collection of unpaid taxes from employees of the Federal 
              Government.
Sec. 912. Ten percent reduction in voluntary contributions to the 
              United Nations.
Sec. 913. Low-priority construction projects of Corps of Engineers.
Sec. 914. Ten percent reduction in international development and 
              humanitarian assistance funding.
Sec. 915. Elimination of the Safe and Drug-Free Schools and Communities 
              program.
Sec. 916. Rescission of amounts for Economic Development 
              Administration.
Sec. 917. Department of Justice wasteful activities.
Sec. 918. Rescission of amounts for Hollings Manufacturing Partnership 
              Program and Baldridge Performance Excellence Program.
Sec. 919. Fossil fuel applied research.
Sec. 920. Corporation for Public Broadcasting.
Sec. 921. Fifteen percent reduction in fiscal year 2011 funding for the 
              Department of Defense for procurement.
Sec. 922. Ten percent reduction in fiscal year 2011 funding for the 
              Department of Defense for research, development, test, 
              and evaluation.
Sec. 923. Reduction in Department of Defense spending in support of 
              military installations.
Sec. 924. Rescission of Diplomatic and Consular Programs funding.
Sec. 925. Elimination of program to pay institutions of higher 
              education for administrative expenses relating to student 
              aid program.
Sec. 926. Elimination of grants to large and medium hub airports under 
              airport improvement program.
Sec. 927. Consolidate all Federal Fire Management Programs and reducing 
              funding by 10 percent.
Sec. 928. High-energy cost grant program.
Sec. 929. Resource conservation and development programs.
Sec. 930. Repeal of LEAP.
Sec. 931. Elimination of the B.J. Stupak Olympic Scholarships program.
Sec. 932. Repeal of Robert C. Byrd Honors Scholarship Program.
Sec. 933. Elimination of the Historic Whaling and Trading Partners 
              program.
Sec. 934. Elimination of the Underground Railroad educational and 
              cultural program.
Sec. 935. Brownfields economic development initiative.
Sec. 936. Election reform grants.
Sec. 937. Election Assistance Commission.
Sec. 938. Emergency operations center grant program.
Sec. 939. Elimination of health care facilities and construction 
              program.
Sec. 940. High priority surface transportation projects.
Sec. 941. Save America's Treasures Program; Preserve America Program.
Sec. 942. Targeted water infrastructure grants.
Sec. 943. National Park Service Challenge Cost Share Program.
Sec. 944. Termination of the Constellation Program of the National 
              Aeronautics and Space Administration.
Sec. 945. Delta health initiative.
Sec. 946. Department of Agriculture health care services grant program.
Sec. 947. Elimination of loan repayment for civil legal assistance 
              attorneys.
Sec. 948. Targeted air shed grant program.
Sec. 949. Requiring transparency and ensuring no special treatment for 
              the AARP or AMA.

    Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

Sec. 960. Findings.
Sec. 961. Tracking excluded providers across State lines.
Sec. 962. Access for private sector and governmental entities.
Sec. 963. Liability of Medicare administrative contractors for claims 
              submitted by excluded providers.
Sec. 964. Limiting the discharge of debts in bankruptcy proceedings in 
              cases where a health care provider or a supplier engages 
              in fraudulent activity.
Sec. 965. Prevention of waste, fraud, and abuse in the Medicaid and 
              CHIP programs.
Sec. 966. Illegal distribution of a Medicare, Medicaid, or CHIP 
              beneficiary identification or billing privileges.
Sec. 967. Pilot program for the use of universal product numbers on 
              claim forms for reimbursement under the Medicare program.
Sec. 968. Prohibition of inclusion of social security account numbers 
              on Medicare cards.
Sec. 969. Implementation.

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

     SEC. 901. 15 PERCENT REDUCTION IN APPROPRIATIONS TO THE 
                   EXECUTIVE OFFICE OF THE PRESIDENT AND CONGRESS.

       (a) Rescissions.--
       (1) In general.--There is rescinded an amount equal to 15 
     percent of the budget authority provided for any 
     discretionary account in appropriations to the Legislative 
     Branch for fiscal year 2011.
       (2) Proportionate application.--Any rescission made by 
     paragraph (1) shall be applied proportionately--
       (A) to each discretionary account and each item of budget 
     authority described in such paragraph; and
       (B) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).
       (3) Exception.--This subsection shall not apply to 
     appropriations under the heading ``CAPITOL POLICE''.
       (4) Administration of across-the-board reductions.--In the 
     administration of paragraph (1), with respect to the budget 
     authority provided under the heading ``SENATE'' in--
       (A) the percentage rescissions under paragraph (1) shall 
     apply to the total amount of all funds appropriated under 
     that heading; and
       (B) the rescissions may be applied without regard to 
     paragraph (2).
       (b) Appropriations to the Executive Office of the 
     President.--Notwithstanding any other provision of law, the 
     total amount of funds appropriated to the appropriations 
     account under the heading under the heading ``EXECUTIVE 
     OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
     PRESIDENT'' for each of fiscal years 2012 and 2013 may not 
     exceed the total amount of funds appropriated to that account 
     for fiscal year 2011 after application of the rescission 
     under subsection (a).
       (c) Appropriations to Congress.--Notwithstanding any other 
     provision of law, the total amount of funds appropriated 
     under the headings ``SENATE'' and ``HOUSE OF 
     REPRESENTATIVES'' for each of fiscal years 2012 and 2013 may 
     not exceed the total amount of funds appropriated under those 
     headings for fiscal year 2011 after application of the 
     rescission under subsection (a).

     SEC. 902. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF 
                   CONGRESS.

       Notwithstanding any other provision of law, no adjustment 
     shall be made under section 601(a) of the Legislative 
     Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of 
     living adjustments for Members of Congress) during fiscal 
     years 2012, 2013, and 2014.

[[Page S8938]]

     SEC. 903. FREEZE ON COST OF FEDERAL EMPLOYEES (INCLUDING 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF 
                   DEFENSE) SALARIES.

       Notwithstanding any other provision of law, the total 
     amount of funds expended on salaries for civilian employees 
     of the Federal Government, including civilian employees of 
     the Department of Defense, for fiscal year 2011, fiscal year 
     2012, and fiscal year 2013 shall not exceed the total costs 
     for such salaries in fiscal year 2010: Provided, That the 
     amounts spent on salaries of members of the armed forces are 
     exempt from the provisions of this subsection: Provided 
     further, That nothing in this subsection prohibits an 
     employee from receiving an increase in salary or other 
     compensation so long as such an increase does not increase an 
     agency's net expenditures for employee salaries.

     SEC. 904. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.

       (a) Definition.--In this section, the term ``agency'' means 
     an executive agency as defined under section 105 of title 5, 
     United States Code.
       (b) Determination of Number of Employees.--Not later than 
     60 days after the date of enactment of this Act, the Director 
     of the Office of Management and Budget shall determine the 
     number of full-time employees employed in each agency. The 
     head of each agency shall cooperate with the Director of the 
     Office of Management and Budget in making the determinations.
       (c) Reductions.--Notwithstanding any other provision of 
     law, the head of each agency shall take such actions as 
     necessary, including a reduction in force under sections 3502 
     and 3595 of title 5, United States Code, to reduce the number 
     of full-time employees employed in that agency as determined 
     under subsection (b) by 10 percent not later than October 1, 
     2020.
       (d) Replacement Hire Rate.--In implementing subsection (c), 
     the head of each agency may hire no more than 2 employees in 
     that agency for every 3 employees who leave employment in 
     that agency during any fiscal year.

     SEC. 905. LIMITATION ON GOVERNMENT PRINTING COSTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Director of the Office of Management and Budget 
     shall coordinate with the heads of Federal departments and 
     independent agencies to--
        (a) determine which Government publications could be 
     available on Government websites and no longer printed and to 
     devise a strategy to reduce overall Government printing costs 
     over the 10-year period beginning with fiscal year 2011, 
     except that the Director shall ensure that essential printed 
     documents prepared for social security recipients, medicare 
     beneficiaries, and other populations in areas with limited 
     internet access or use continue to remain available;
       (b) establish government-wide Federal guidelines on 
     employee printing;
       (c) issue on the Office of Management and Budget's public 
     website the results of a cost-benefit analysis on 
     implementing a digital signature system and on establishing 
     employee printing identification systems, such as the use of 
     individual employee cards or codes, to monitor the amount of 
     printing done by Federal employees; except that the Director 
     of the Office of Management and Budget shall ensure that 
     Federal employee printing costs unrelated to national 
     defense, homeland security, border security, national 
     disasters, and other emergencies do not exceed $860,000,000 
     annually; and
       (d) issue guidelines requiring every department, agency, 
     commission or office to list at a prominent place near the 
     beginning of each publication distributed to the public and 
     issued or paid for by the Federal Government--
       (1) the name of the issuing agency, department, commission 
     or office;
       (2) the total number of copies of the document printed;
       (3) the collective cost of producing and printing all of 
     the copies of the document; and
       (4) the name of the firm publishing the document.

     SEC. 906. LIMITATION OF GOVERNMENT TRAVEL COSTS.

       (a) In General.--Within 60 days after the date of enactment 
     of this Act, the Director of the Office of Management and 
     Budget, in consultation with the heads of the Federal 
     departments and agencies, shall establish a definition of 
     ``nonessential travel'' and criteria to determine if travel-
     related expenses and requests by Federal employees meet the 
     definition of ``nonessential travel''. No travel expenses 
     paid for, in whole or in part, with Federal funds shall be 
     paid by the Federal Government unless a request is made prior 
     to the travel and the requested travel meets the criteria 
     established by this section. Any travel request that does not 
     meet the definition and criteria shall be disallowed, 
     including reimbursement for air flights, automobile rentals, 
     train tickets, lodging, per diem, and other travel-related 
     costs. The definition established by the Director of the 
     Office of Management and Budget may include exemptions in the 
     definition, including travel related to national defense, 
     homeland security, border security, national disasters, and 
     other emergencies. The Director of the Office of Management 
     and Budget shall ensure that all travel costs paid for in 
     part or whole by the Federal Government not related to 
     national defense, homeland security, border security, 
     national disasters, and other emergencies do not exceed 
     $5,000,000,000 annually.
       (b) Rescissions.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency''--
       (i) means an executive agency as defined under section 105 
     of title 5, United States Code; and
       (ii) does not include the Department of Defense; and
       (B) the term ``travel expense amount'' means, with respect 
     to each agency, an amount equal to 20 percent of all funds 
     expended by that agency on travel expenses during fiscal year 
     2010.
       (2) In general.--There is rescinded a travel expense amount 
     from appropriations made for fiscal year 2011 in each agency 
     appropriations account providing for travel expenses.
       (3) Freeze.--Notwithstanding any other provision of law, 
     the total amount of funds appropriated to the appropriations 
     account providing for travel expenses for each agency for 
     each of fiscal years 2012 and 2013 may not exceed the total 
     amount of funds appropriated to that account for fiscal year 
     2011 after application of the rescission under paragraph (2).

     SEC. 907. REDUCTION IN FEDERAL VEHICLE COSTS.

       Notwithstanding any other provision of law--
        (a) of the amounts made available to the General Services 
     Administration for the acquisition of new vehicles for the 
     Federal fleet for fiscal year 2011 and remaining unobligated 
     as of the date of enactment of this Act, an amount equal to 
     20 percent of all such amounts is rescinded;
       (b) for fiscal year 2012 and each fiscal year thereafter--
       (1) the amount made available to the General Services 
     Administration for the acquisition of new vehicles for the 
     Federal fleet shall not exceed an amount equal to 80 percent 
     of the amount made available for the acquisition of those 
     vehicles for fiscal year 2011 (before application of 
     subsection (a)); and
       (2) the number of new vehicles acquired by the General 
     Services Administration for the Federal fleet shall not 
     exceed a number equal to 50 percent of the vehicles so 
     acquired for fiscal year 2011; and
       (c) any amounts made available under Public Law 111-5 for 
     the acquisition of new vehicles for the Federal fleet shall 
     be disregarded by for purposes of determining the baseline.

     SEC. 908. SALE OF EXCESS FEDERAL PROPERTY.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, is amended by adding at the end the 
     following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

     ``Sec. 1A621. Definitions

       ``In this subchapter:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(2) Landholding agency.--The term `landholding agency' 
     means a landholding agency (as defined in section 501(i) of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11411(i))).
       ``(3) Real property.--
       ``(A) In general.--The term `real property' means--
       ``(i) a parcel of real property under the administrative 
     jurisdiction of the Federal Government that is--

       ``(I) excess;
       ``(II) surplus;
       ``(III) underperforming; or
       ``(IV) otherwise not meeting the needs of the Federal 
     Government, as determined by the Director; and

       ``(ii) a building or other structure located on real 
     property described in clause (i).
       ``(B) Exclusion.--The term `real property' excludes any 
     parcel of real property, and any building or other structure 
     located on real property, that is to be closed or realigned 
     under the Defense Authorization Amendments and Base Closure 
     and Realignment Act (10 U.S.C. 2687 note; Public Law 100-
     526).

     ``Sec. 1A622. Disposal program

       ``(a) In General.--Except as provided in subsection (e), 
     the Director shall, by sale or auction, dispose of a quantity 
     of real property with an aggregate value of not less than 
     $15,000,000,000 that, as determined by the Director, is not 
     being used, and will not be used, to meet the needs of the 
     Federal Government for the period of fiscal years 2010 
     through 2015.
       ``(b) Recommendations.--The head of each landholding agency 
     shall recommend to the Director real property for disposal 
     under subsection (a).
       ``(c) Selection of Properties.--After receiving 
     recommendations of candidate real property under subsection 
     (b), the Director--
       ``(1) with the concurrence of the head of each landholding 
     agency, may select the real property for disposal under 
     subsection (a); and
       ``(2) shall notify the recommending landholding agency head 
     of the selection of the real property.
       ``(d) Website.--The Director shall ensure that all real 
     properties selected for disposal under this section are 
     listed on a website that shall--
       ``(1) be updated routinely; and
       ``(2) include the functionality to allow any member of the 
     public, at the option of the member, to receive updates of 
     the list through electronic mail.
       ``(e) Transfer of Property.--The Director may transfer real 
     property selected for disposal under this section to the 
     Department

[[Page S8939]]

     of Housing and Urban Development if the Secretary of Housing 
     and Urban Development determines that the real property is 
     suitable for use in assisting the homeless.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the item relating 
     to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.

     SEC. 909. PROHIBITION ON USE OF FEDERAL FUNDS TO PAY 
                   UNEMPLOYMENT COMPENSATION TO MILLIONAIRES.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, no Federal funds may be used to make payments of 
     unemployment compensation (including such compensation under 
     the Federal-State Extended Compensation Act of 1970 and the 
     emergency unemployment compensation program under title IV of 
     the of the Supplemental Appropriations Act, 2008) in a year 
     to an individual whose resources in the preceding year was 
     equal to or greater than $1,000,000. For purposes of the 
     preceding sentence, with respect to a year, an individual's 
     resources shall be determined in the same manner as a subsidy 
     eligible individual's resources are determined for the year 
     for purposes of the Medicare part D drug benefit under 
     section 1860D-14(a)(3)(E) of the Social Security Act (42 
     U.S.C. 1395w-114(a)(3)(E)).
       (b) Effective Date.--The prohibition under subsection (a) 
     shall apply to weeks of unemployment beginning on or after 
     January 1, 2011.

     SEC. 910. MANDATORY ELIMINATION OF DUPLICATIVE GOVERNMENT 
                   PROGRAMS.

       (a) Reducing Duplication.--The Director of the Office of 
     Management Budget and the Secretary of each Federal 
     Government agency (and the head of each independent agency) 
     shall work with the Chairman and ranking member of the 
     relevant congressional appropriations subcommittees and the 
     congressional authorizing committees and the Director of the 
     Office of Management Budget to consolidate programs with 
     duplicative goals, missions, and initiatives.
       (b) OMB Report.--Within 120 days after the date of 
     enactment of this section, the Director of the Office of 
     Management and Budget shall submit to Congress a list of 
     programs with duplicative goals, missions, and initiatives 
     with recommendations for consolidation or elimination.
       (c) Failure to Act.--If Congress takes no action to address 
     the recommendations submitted in subsection (b) within 60 
     days, Secretary of each Federal Government agency and the 
     head of each independent agency shall carry out the 
     recommendations as submitted to Congress.

     SEC. 911. COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                   FEDERAL GOVERNMENT.

       (a) In General.--Chapter 73 of title 5, United States Code, 
     is amended by adding at the end the following:

  ``SUBCHAPTER VIII--COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                           FEDERAL GOVERNMENT

     ``Sec. 7381. Collection of unpaid taxes from employees of the 
       Federal Government

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `seriously delinquent tax debt' means an 
     outstanding debt under the Internal Revenue Code of 1986 for 
     which a notice of lien has been filed in public records 
     pursuant to section 6323 of such Code, except that such term 
     does not include--
       ``(A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or section 7122 of such 
     Code; and
       ``(B) a debt with respect to which a collection due process 
     hearing under section 6330 of such Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of such Code, is 
     requested or pending; and
       ``(2) the term `Federal employee' means--
       ``(A) an employee, as defined by section 2105; and
       ``(B) an employee of the United States Congress, including 
     Members of the House of Representatives and Senators.
       ``(b) Collection of Unpaid Taxes.--The Internal Revenue 
     Service shall coordinate with the Department of Treasury and 
     the hiring agency of a Federal employee who has a seriously 
     delinquent tax debt to collect such taxes by withholding a 
     portion of the employee's salary over a period set by the 
     hiring agency to ensure prompt payment.''.
       (b) Clerical Amendment.--The analysis for chapter 73 of 
     title 5, United States Code, is amended by adding at the end 
     the following:

  ``subchapter viii--collection of unpaid taxes from employees of the 
                           federal government

``Sec. 7381. Collection of unpaid taxes from employees of the Federal 
              Government.''.

     SEC. 912. TEN PERCENT REDUCTION IN VOLUNTARY CONTRIBUTIONS TO 
                   THE UNITED NATIONS.

       Notwithstanding any other provision of law, of the funds 
     appropriated or otherwise made available for fiscal year 
     2011, voluntary contributions to the United Nations paid by 
     the United States shall not exceed an amount that is 10 
     percent less than the amount provided in fiscal year 2010.

     SEC. 913. LOW-PRIORITY CONSTRUCTION PROJECTS OF CORPS OF 
                   ENGINEERS.

       (a) Termination of Authority.--The authority to carry out 
     low-priority construction projects of the Corps of Engineers 
     is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for low-priority 
     construction projects of the Corps of Engineers that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the projects referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects 
     described in paragraph (1), as determined by the Secretary of 
     the Army, in consultation with other appropriate Federal 
     agencies.

     SEC. 914. TEN PERCENT REDUCTION IN INTERNATIONAL DEVELOPMENT 
                   AND HUMANITARIAN ASSISTANCE FUNDING.

       Notwithstanding any other provision of law, of the funds 
     appropriated or otherwise made available for fiscal year 
     2011, international development and humanitarian assistance 
     expenditures of the United States shall not exceed an amount 
     that is 10 percent less than the amount provided in fiscal 
     year 2010.

     SEC. 915. ELIMINATION OF THE SAFE AND DRUG-FREE SCHOOLS AND 
                   COMMUNITIES PROGRAM.

       (a) Repeal.--Part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is 
     repealed.
       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Safe and Drug-Free Schools and Communities 
     Program under part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.), as 
     in effect on the day before the date of enactment of this 
     Act, are rescinded and no funds appropriated hereafter for 
     such activities shall be expended, except as determined 
     necessary or essential by such Secretary, in consultation 
     with the appropriate Federal agencies.

     SEC. 916. RESCISSION OF AMOUNTS FOR ECONOMIC DEVELOPMENT 
                   ADMINISTRATION.

       Notwithstanding any other provision of law--
       (1) all amounts made available for programs, activities, 
     and grants of the Economic Development Administration that 
     remain unobligated as of the date of enactment of this Act 
     are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs, activities, and grants referred 
     to in paragraph (1) shall be expended, other than such 
     amounts as are necessary to cover costs incurred in 
     terminating such programs, activities, and grants, as 
     determined by the Secretary of Commerce, in consultation with 
     other appropriate Federal agencies.

     SEC. 917. DEPARTMENT OF JUSTICE WASTEFUL ACTIVITIES.

       Notwithstanding any other provision of law, 5 percent of 
     all unobligated balances held by the Attorney General as of 
     the date of enactment of this Act are rescinded to eliminate 
     wasteful activities of the Department of Justice.

     SEC. 918. RESCISSION OF AMOUNTS FOR HOLLINGS MANUFACTURING 
                   PARTNERSHIP PROGRAM AND BALDRIDGE PERFORMANCE 
                   EXCELLENCE PROGRAM.

       Notwithstanding any other provision of law--
       (1) all amounts made available for the Hollings 
     Manufacturing Partnership Program and the Baldridge 
     Performance Excellence Program that remain unobligated as of 
     the date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under such programs, as determined by the 
     Secretary of Commerce, in consultation with other appropriate 
     Federal agencies.

     SEC. 919. FOSSIL FUEL APPLIED RESEARCH.

       (a) Termination of Authority.--The authority of the 
     Secretary of Energy to carry out fossil fuel applied research 
     is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for fossil fuel applied 
     research described in subsection (a) that remain unobligated 
     as of the date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for research referred to in paragraph (1) shall 
     be expended, other than such amounts as are necessary to 
     cover costs incurred in terminating ongoing research 
     described in paragraph (1), as determined by the Secretary of 
     Energy, in consultation with other appropriate Federal 
     agencies.

     SEC. 920. CORPORATION FOR PUBLIC BROADCASTING.

       Notwithstanding any other provision of law, the portion of 
     all unobligated balances held by the Corporation for Public 
     Broadcasting that consists of Federal funds are rescinded and 
     no Federal funds appropriated hereafter for the Corporation 
     for Public Broadcasting shall be obligated or expended by 
     such Corporation.

[[Page S8940]]

     SEC. 921. FIFTEEN PERCENT REDUCTION IN FISCAL YEAR 2011 
                   FUNDING FOR THE DEPARTMENT OF DEFENSE FOR 
                   PROCUREMENT.

       Notwithstanding any other provision of law, the amount 
     available to the Department of Defense for fiscal year 2011 
     for procurement is the amount equal to the aggregate amount 
     otherwise authorized to be appropriated to the Department for 
     that fiscal year for procurement minus an amount equal to 15 
     percent of such aggregate amount.

     SEC. 922. TEN PERCENT REDUCTION IN FISCAL YEAR 2011 FUNDING 
                   FOR THE DEPARTMENT OF DEFENSE FOR RESEARCH, 
                   DEVELOPMENT, TEST, AND EVALUATION.

       Notwithstanding any other provision of law, the amount 
     available to the Department of Defense for fiscal year 2011 
     for research, development, test, and evaluation is the amount 
     equal to the aggregate amount otherwise authorized to be 
     appropriated to the Department for that fiscal year for 
     research, development, test, and evaluation minus an amount 
     equal to 10 percent of such aggregate amount.

     SEC. 923. REDUCTION IN DEPARTMENT OF DEFENSE SPENDING IN 
                   SUPPORT OF MILITARY INSTALLATIONS.

       The Secretary of Defense shall reduce the amount obligated 
     or expended in support of military installations through the 
     reduction or elimination of waste, fraud, and abuse 
     attributable to programs and activities related to such 
     support.

     SEC. 924. RESCISSION OF DIPLOMATIC AND CONSULAR PROGRAMS 
                   FUNDING.

       Ten percent of the funds appropriated or otherwise made 
     available to the Secretary of State for diplomatic and 
     consular programs and available for obligation as of the date 
     of the enactment of this Act is hereby rescinded.

     SEC. 925. ELIMINATION OF PROGRAM TO PAY INSTITUTIONS OF 
                   HIGHER EDUCATION FOR ADMINISTRATIVE EXPENSES 
                   RELATING TO STUDENT AID PROGRAM.

       (a) Repeal.--Section 489 of the Higher Education Act of 
     1965 (20 U.S.C. 1096) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for payments to institutions of higher education under 
     section 489 of the Higher Education Act of 1965 (20 U.S.C. 
     1096), as in effect on the day before the date of enactment 
     of this Act, are rescinded and no funds appropriated 
     hereafter for such payments shall be expended, except as 
     determined necessary or essential by such Secretary, in 
     consultation with the appropriate Federal agencies.

     SEC. 926. ELIMINATION OF GRANTS TO LARGE AND MEDIUM HUB 
                   AIRPORTS UNDER AIRPORT IMPROVEMENT PROGRAM.

       Notwithstanding any provision of subchapter I of chapter 
     471 of title 49, United States Code, or any other provision 
     of law--
       (1) no large hub airport or medium hub airport (as those 
     terms are defined in section 47102 of such title) may receive 
     a grant under the airport improvement program under such 
     subchapter;
       (2) all amounts made available for grants to large hub 
     airports or medium hub airports under the airport improvement 
     program that remain unobligated as of the date of the 
     enactment of this Act are rescinded; and
       (3) no amounts made available after the date of the 
     enactment of this Act for grants to large hub airports or 
     medium hub airports under the airport improvement program 
     shall be obligated or expended, other than such amounts as 
     are necessary to cover costs incurred in terminating ongoing 
     projects and activities under that program, as determined by 
     the Secretary of Transportation, in consultation with other 
     appropriate Federal agencies.

     SEC. 927. CONSOLIDATE ALL FEDERAL FIRE MANAGEMENT PROGRAMS 
                   AND REDUCING FUNDING BY 10 PERCENT.

       (a) Consolidation.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall consolidate all 
     fire management programs carried out under laws administered 
     by the Secretary.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) of amounts made available for programs consolidated 
     under subsection (a), the lesser of 10 percent of such 
     amounts, on the one hand, and the amount of such amounts that 
     remain unobligated as of the date of enactment of this Act, 
     on the other hand, are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating or reducing ongoing 
     projects and activities under such programs, as determined by 
     the Secretary of Homeland Security, in consultation with 
     other appropriate Federal agencies.

     SEC. 928. HIGH-ENERGY COST GRANT PROGRAM.

       (a) Repeal.--Section 19 of the Rural Electrification Act of 
     1936 (7 U.S.C. 918a) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the program carried out 
     under section 19 of the Rural Electrification Act of 1936 (7 
     U.S.C. 918a) (as in existence on the day before the date of 
     enactment of this Act) that remain unobligated as of the date 
     of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating the program described 
     in paragraph (1), as determined by the Secretary of 
     Agriculture, in consultation with other appropriate Federal 
     agencies.

     SEC. 929. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAMS.

       (a) Termination of Authority.--The authority to carry out 
     the resource conservation and development program of the 
     Natural Resources Conservation Service of the Department of 
     Agriculture is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the resource 
     conservation and development program of the Natural Resources 
     Conservation Service of the Department of Agriculture (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under that program, as determined by the 
     Secretary of Agriculture, in consultation with other 
     appropriate Federal agencies.

     SEC. 930. REPEAL OF LEAP.

       (a) Repeal of LEAP.--Subpart 4 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for the Leveraging Educational Assistance Partnership Program 
     under subpart 4 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070c), as in effect on the day before 
     the date of enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such program shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 931. ELIMINATION OF THE B.J. STUPAK OLYMPIC SCHOLARSHIPS 
                   PROGRAM.

       (a) Repeal.--Section 1543 of the Higher Education 
     Amendments of 1992 (20 U.S.C. 1070 note) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the B.J. Stupak Olympic 
     Scholarships program under section 1543 of the Higher 
     Education Amendments of 1992 (20 U.S.C. 1070 note), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 932. REPEAL OF ROBERT C. BYRD HONORS SCHOLARSHIP 
                   PROGRAM.

       (a) Repeal of LEAP.--Subpart 6 of part A of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
       (b) Recession.--Notwithstanding any other provision of law, 
     all unobligated balances held by the Secretary of Education 
     for the Robert C. Byrd Honors Scholarship Program under 
     subpart 6 of part A of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070c), as in effect on the day before the 
     date of enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such program shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 933. ELIMINATION OF THE HISTORIC WHALING AND TRADING 
                   PARTNERS PROGRAM.

       (a) Repeal.--Subpart 12 of part D of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7265 et seq.) is repealed.
       (b) Recision of Funds.--Notwithstanding any other provision 
     of law, all unobligated balances held by the Secretary of 
     Education for the Educational, Cultural, Apprenticeship, and 
     Exchange Programs for Alaska Natives, Native Hawaiians, and 
     Their Historical Whaling and Trading Partners in 
     Massachusetts under subpart 12 of part D of title V of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7265 et seq.), as in effect on the day before the date of 
     enactment of this Act, are rescinded and no funds 
     appropriated hereafter for such activities shall be expended, 
     except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 934. ELIMINATION OF THE UNDERGROUND RAILROAD EDUCATIONAL 
                   AND CULTURAL PROGRAM.

       (a) Repeal.--Section 841 of the Higher Education Amendments 
     of 1998 (20 U.S.C. 1153) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the Underground Railroad 
     educational and cultural program under section 841 of the 
     Higher Education Amendments of 1998 (20 U.S.C. 1153), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

[[Page S8941]]

     SEC. 935. BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE.

       (a) In General.--Notwithstanding section 108(q) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5309(q)) or any other provision of law, the Secretary of 
     Housing and Urban Development may not make any competitive 
     economic development grants, as otherwise authorized by 
     section 108(q) of that Act, for Brownfields redevelopment 
     projects.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for grants described in 
     subsection (a) that remain unobligated as of the date of 
     enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for grants described in subsection (a) shall be 
     expended, other than such amounts as are necessary to cover 
     costs incurred in terminating ongoing projects and activities 
     under those grants, as determined by the Secretary of Housing 
     and Urban Development, in consultation with other appropriate 
     Federal agencies.

     SEC. 936. ELECTION REFORM GRANTS.

       (a) Termination of Authority.--The authority to make 
     requirements payments to States under part 1 of subtitle D of 
     title II of the Help America Vote Act of 2002 (42 U.S.C. 
     15401 et seq.) is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for such requirements 
     payments (as of the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for such requirements payments shall be expended, 
     other than such amounts as are necessary to cover costs 
     incurred in terminating ongoing projects and activities using 
     such requirements payments, as determined by the 
     Administrator of General Services, in consultation with other 
     appropriate Federal agencies.

     SEC. 937. ELECTION ASSISTANCE COMMISSION.

       (a) Termination of Authority.--The Election Assistance 
     Commission established under section 201 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15321) is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Election Assistance 
     Commission (as in existence on the day before the date of 
     enactment of this Act) that remain unobligated as of the date 
     of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the Commission described in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities of the Commission, as determined by the 
     Administrator of General Services, in consultation with other 
     appropriate Federal agencies.

     SEC. 938. EMERGENCY OPERATIONS CENTER GRANT PROGRAM.

       (a) Termination.--Section 614 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5196c) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law, all unobligated balances held by the Secretary of 
     Homeland Security for the emergency operations center grant 
     program under section 614 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5196c), as in 
     effect on the day before the date of enactment of this Act, 
     are rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by the Secretary of Homeland Security, in 
     consultation with the appropriate Federal agencies.

     SEC. 939. ELIMINATION OF HEALTH CARE FACILITIES AND 
                   CONSTRUCTION PROGRAM.

       Notwithstanding any other provision of law, all unobligated 
     balances held by the Secretary of Health and Human Services 
     for health care facilities and construction are rescinded and 
     no funds appropriated hereafter for such activities shall be 
     expended, except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 940. HIGH PRIORITY SURFACE TRANSPORTATION PROJECTS.

       (a) In General.--Section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1256) is repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for high priority projects 
     under section 1702 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59; 119 Stat. 1256) (before the amendment 
     made by subsection (a)) that remain unobligated as of the 
     date of enactment of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for high priority projects described in paragraph 
     (1) shall be expended, other than such amounts as are 
     necessary to cover costs incurred in terminating ongoing 
     projects and activities under those projects, as determined 
     by the Secretary of Transportation, in consultation with 
     other appropriate Federal agencies.

     SEC. 941. SAVE AMERICA'S TREASURES PROGRAM; PRESERVE AMERICA 
                   PROGRAM.

       (a) Repeals.--Sections 7302 and 7303 of the Omnibus Public 
     Land Management Act of 2009 (16 U.S.C. 469n, 469o) are 
     repealed.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Save America's 
     Treasures Program or Preserve America Program that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under those programs, as determined by the 
     Secretary of the Interior in consultation with other 
     appropriate Federal agencies.

     SEC. 942. TARGETED WATER INFRASTRUCTURE GRANTS.

       (a) Termination of Authority.--The Targeted Watershed 
     Grants Program and the U.S.-Mexico Border Water 
     Infrastructure Program of the Environmental Protection Agency 
     are terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Targeted Watershed 
     Grants Program and the U.S.-Mexico Border Water 
     Infrastructure Program of the Environmental Protection Agency 
     (as in existence on the day before the date of enactment of 
     this Act) that remain unobligated as of the date of enactment 
     of this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the programs referred to in paragraph (1) (as 
     so in existence) shall be expended, other than such amounts 
     as are necessary to cover costs incurred in terminating 
     ongoing projects and activities under those programs, as 
     determined by the Administrator of the Environmental 
     Protection Agency, in consultation with other appropriate 
     Federal agencies.

     SEC. 943. NATIONAL PARK SERVICE CHALLENGE COST SHARE PROGRAM.

       (a) Termination of Authority.--The authority to provide 
     Department of the Interior Challenge Cost Share Program 
     grants is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Department of the 
     Interior Challenge Cost Share Program (as in existence on the 
     day before the date of enactment of this Act) that remain 
     unobligated as of the date of enactment of this Act are 
     rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the Department of the Interior Challenge Cost 
     Share Program shall be expended, other than such amounts as 
     are necessary to cover costs incurred in terminating ongoing 
     projects and activities under the program, as determined by 
     the Secretary of the Interior in consultation with other 
     appropriate Federal agencies.

     SEC. 944. TERMINATION OF THE CONSTELLATION PROGRAM OF THE 
                   NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

       (a) Termination Required.--The Administrator of the 
     National Aeronautics and Space Administration shall terminate 
     the Constellation Program of the National Aeronautics and 
     Space Administration.
       (b) Disposition of Unobligated Funds.--
       (1) Rescission.--Except as provided in paragraph (2), any 
     funds available for obligation by the National Aeronautics 
     and Space Administration as of the date of the enactment of 
     this Act for the Constellation Program are hereby rescinded.
       (2) Availability for wind-up of program.--Funds described 
     in paragraph (1) may be utilized by the National Aeronautics 
     and Space Administration solely for costs related to the 
     winding-up of the provision of the Constellation Program.

     SEC. 945. DELTA HEALTH INITIATIVE.

       Notwithstanding any other provision of law, all unobligated 
     balances held by the Secretary of Health and Human Services 
     to carry out the Delta Health Initiative are rescinded and no 
     funds appropriated hereafter for such Initiative shall be 
     expended, except as determined necessary or essential by such 
     Secretary, in consultation with the appropriate Federal 
     agencies.

     SEC. 946. DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES 
                   GRANT PROGRAM.

       (a) Termination of Authority.--The authority to carry out 
     any health care services grant program of the Department of 
     Agriculture is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for any health care services 
     grant program of the Department of Agriculture (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) 
     shall be expended, other than such amounts as are necessary 
     to cover costs incurred in terminating ongoing projects and 
     activities under that program, as determined by the Secretary 
     of Agriculture, in consultation with other appropriate 
     Federal agencies.

[[Page S8942]]

     SEC. 947. ELIMINATION OF LOAN REPAYMENT FOR CIVIL LEGAL 
                   ASSISTANCE ATTORNEYS.

       (a) Repeal.--Section 428L of the Higher Education Act of 
     1965 (20 U.S.C. 1078-12) is repealed.
       (b) Elimination of Funding.--Notwithstanding any other 
     provision of law, all unobligated balances held by the 
     Secretary of Education for the Repayment for Civil Legal 
     Assistance Attorneys program under section 428L of the Higher 
     Education Act of 1965 (20 U.S.C. 1078-12), as in effect on 
     the day before the date of enactment of this Act, are 
     rescinded and no funds appropriated hereafter for such 
     activities shall be expended, except as determined necessary 
     or essential by such Secretary, in consultation with the 
     appropriate Federal agencies.

     SEC. 948. TARGETED AIR SHED GRANT PROGRAM.

       (a) Termination of Authority.--The Targeted Air Shed Grant 
     Program of the Environmental Protection Agency is terminated.
       (b) Rescission.--Notwithstanding any other provision of 
     law--
       (1) all amounts made available for the Targeted Air Shed 
     Grant Program of the Environmental Protection Agency (as in 
     existence on the day before the date of enactment of this 
     Act) that remain unobligated as of the date of enactment of 
     this Act are rescinded; and
       (2) no amounts made available after the date of enactment 
     of this Act for the program referred to in paragraph (1) (as 
     so in existence) shall be expended, other than such amounts 
     as are necessary to cover costs incurred in terminating 
     ongoing projects and activities under that program, as 
     determined by the Administrator of the Environmental 
     Protection Agency, in consultation with other appropriate 
     Federal agencies.

     SEC. 949. REQUIRING TRANSPARENCY AND ENSURING NO SPECIAL 
                   TREATMENT FOR THE AARP OR AMA.

       (a) Requirement.--Notwithstanding any other provision of 
     law, no Federal grants or contracts may be made available to 
     the AARP or the American Medical Association (commonly 
     referred to as the ``AMA'') for fiscal year 2011 or any 
     fiscal year thereafter unless awarded by a competitive 
     bidding process.
       (b) Disclosure Conditions.--Any physician trade and 
     lobbying organization partnering with the Federal Government 
     by participating in technical reviews, making health care 
     payment policy recommendations, representing physician 
     interests on advisory panels, or otherwise representing 
     physicians in matters being reviewed or examined by the 
     Department of Health and Human Services shall disclose the 
     following:
       (1) The number of dues paying physician-members the 
     organization currently represents.
       (2) The professional status of such members, whether said 
     physicians are currently practicing medicine, teaching, 
     retired, or a medical student in residency.
       (c) Membership Requirement.--No physician trade and 
     lobbying organization shall be eligible to participate in 
     activities listed in subsection (b) unless such organizations 
     have a membership composed of at least 50 percent of 
     currently-practicing physicians in the same calendar year. 
     The requirement of the preceding sentence shall apply to all 
     physician trade organizations, regardless of whether the 
     organization is a State, regional, or national organization, 
     and regardless of what specialty or practice areas said 
     organizations represent.
       (d) Requirement for Certain Medigap Sellers or Issuers.--
     Sellers or issuers of medicare supplemental policies under 
     section 1882 of the Social Security Act (42 U.S.C. 1395ss) 
     that constitute more than 20 percent of the market share of 
     the previous fiscal year shall be required to spend at least 
     80 percent of their premium dollars on medical claims to 
     ensure value for seniors.

    Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

     SEC. 960. FINDINGS.

       Congress makes the following findings:
       (1) The Medicare program loses an estimated $60,000,000,000 
     annually to wasted and fraudulent payments.
       (2) The Medicaid program also suffers from rampant fraud. 
     As the Office of the Inspector General of the Department of 
     Health and Human Services noted in 2009, in an analysis of 
     the only source of nationwide Medicaid claims and beneficiary 
     eligibility information, the Medicaid Statistical Information 
     System, the Federal Government does not have ``timely, 
     accurate, or comprehensive information for fraud, waste, and 
     abuse detection'' in the Medicaid program.
       (3) Absent comprehensive estimates, the Medicaid program's 
     improper payment rate may be the most objective measure of 
     taxpayer dollars lost to fraud. The national average improper 
     payment rate ranges between 8.7 percent and 10.5 percent, but 
     many States have much higher improper payment rates.
       (4) The new Federal health reform law substantially expands 
     the Medicaid program, significantly changes the Medicare 
     program, creates new mandates and regulations, and will send 
     hundreds of billions of dollars to insurance companies.
       (5) It is the duty of public officials and public servants 
     in Congress and the Administration to protect the American 
     public's taxpayer dollars. Congress and the Administration 
     must continue to aggressively combat waste, fraud, and abuse 
     in public health care programs.
       (6) The Inspector General of the Department of Health and 
     Human Services has stated that ``swift and effective 
     detection of and response to waste, fraud, and abuse remain 
     an essential program integrity strategy''. Furthermore, the 
     Inspector General noted that ``effective use of Medicare and 
     Medicaid data is critical to the success of the Government's 
     efforts to reduce waste, fraud, and abuse''.
       (7) The loss of taxpayer dollars due to waste and fraud 
     under the Medicare and Medicaid programs not only threatens 
     the financial viability of those programs, it erodes the 
     public trust. American taxpayers should not be expected to 
     tolerate rampant waste, fraud, and abuse in publicly funded 
     health care programs.
       (8) Congress supports the commitment of the Office of the 
     Inspector General of the Department of Health and Human 
     Services to ``enhancing existing data analysis and mining 
     capabilities and employing advanced techniques such as 
     predictive analytics and social network analysis, to counter 
     new and existing fraud schemes''.
       (9) Congress supports the use of predictive modeling and 
     other smart technologies that can transform the current ``pay 
     and chase'' payment cultures under the Medicare and Medicaid 
     programs and prevent taxpayer dollars from being lost to 
     waste, fraud, and abuse.

     SEC. 961. TRACKING EXCLUDED PROVIDERS ACROSS STATE LINES.

       (a) Greater Coordination.--In order to ensure that 
     providers of services and suppliers that have operated in one 
     State and are excluded from participation in the Medicare 
     program are unable to begin operation and participation in 
     other Federal health care programs in another State, the 
     Secretary shall provide for increased coordination between 
     the following:
       (1) The Administrator of the Centers for Medicare & 
     Medicaid Services.
       (2) Regional offices of the Centers for Medicare & Medicaid 
     Services.
       (3) Medicare administrative contractors, fiscal 
     intermediaries, and carriers.
       (4) State health agencies, State plans under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.), State plans 
     under title XXI of such Act (42 U.S.C. 1397aa et seq.), and 
     entities that contract with such agencies and plans, as 
     directed by the Secretary.
       (5) The Federation of State Medical Boards.
       (b) Improved Information Systems.--
       (1) In general.--The Secretary shall improve information 
     systems to allow greater integration between databases under 
     the Medicare program so that--
       (A) Medicare administrative contractors, fiscal 
     intermediaries, and carriers have immediate access to 
     information identifying providers and suppliers excluded from 
     participation in the Medicare program, the Medicaid program 
     under title XIX of the Social Security Act, the State 
     Children's Health Insurance Program under title XXI of such 
     Act, and other Federal health care programs; and
       (B) such information can be shared on a real-time basis, in 
     accordance with protocols established under subsection 
     (g)(2)--
       (i) across Federal health care programs and agencies, 
     including between the Department of Health and Human 
     Services, the Social Security Administration, the Department 
     of Veterans Affairs, the Department of Defense, the 
     Department of Justice, and the Office of Personnel 
     Management; and
       (ii) with State health agencies, State plans under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.), 
     State child health plans under title XXI of such Act (42 
     U.S.C. 1397aa et seq.), and entities that contract with such 
     agencies and plans, as directed by the Secretary.
       (2) Sharing of information in addition to heat efforts.--
     The information shared under paragraph (1) shall be in 
     addition to, and shall not replace, activities of the Health 
     Care Fraud Prevention and Enforcement Action Team (HEAT) 
     established by the Attorney General and the Department of 
     Health and Human Services.
       (3) Appropriate coordination.--In implementing this 
     subsection, the Secretary shall provide for the maximum 
     appropriate coordination with the process established under 
     section 6401(b)(2) of the Patient Protection and Affordable 
     Care Act (Public Law 111-148).
       (c) ``One PI'' Database for Medicare, Medicaid, and CHIP.--
       (1) In general.--The Secretary shall--
       (A) continue to upload Medicare claims, provider, and 
     beneficiary data into the Integrated Data Repository under 
     section 1128J(a)(1) of the Social Security Act, as added by 
     section 6402(a) of the Patient Protection and Affordable Care 
     Act until such time as the Secretary determines that the 
     Integrated Data Repository is completed; and
       (B) fully implement the waste, fraud, and abuse detection 
     solution of the Centers for Medicare & Medicaid Services, 
     called the ``One PI project'' (in this subsection referred to 
     as the ``project'') by not later than January 1, 2013.
       (2) Access.--The Secretary, in consultation with Inspector 
     General of the Department of Health and Human Services, may 
     allow stakeholders who combat, or could assist in combating, 
     waste, fraud, and abuse under Federal health care programs to 
     have access to the One PI system established under the 
     project. Such stakeholders may include the Director of the 
     Federal Bureau of Investigation, the Comptroller General of 
     the United States, Medicare administrative

[[Page S8943]]

     contractors, fiscal intermediaries, and carriers.
       (d) Federal and State Agency Access to National 
     Practitioner Data Bank.--For purposes of enhancing data 
     sharing in order to identify programmatic weaknesses and 
     improving the timeliness of analysis and actions to prevent 
     waste, fraud, and abuse, relevant Federal and State agencies, 
     including the Department of Health and Human Services, the 
     Department of Justice, State departments of health, State 
     Medicaid plans under title XIX of the Social Security Act, 
     State child health plans under title XXI of such Act, and 
     State medicaid fraud control units (as described in section 
     1903(q) of the Social Security Act (42 U.S.C. 1396b(q))), 
     shall have real-time access to the National Practitioner Data 
     Bank, as directed by the Secretary. The Secretary may, in 
     consultation with the Inspector General of the Department of 
     Health and Human Services, give such real-time access to 
     State attorneys general and State and local law enforcement 
     agencies.
       (e) Access to Claims and Payment Databases.--Section 
     1128J(a)(2) of the Social Security Act, as added by section 
     6402(a) of the Patient Protection and Affordable Care Act 
     (Public Law 111-148) is amended--
       (1) by striking ``databases.--For purposes'' and inserting 
     ``databases.--
       ``(A) Access for the conduct of law enforcement and 
     oversight activities.--For purposes'';
       (2) in subparagraph (A), as added by paragraph (1), by 
     inserting ``, including the Integrated Data Repository under 
     paragraph (1)'' before the period at the end; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Access to reduce waste, fraud, and abuse.--For 
     purposes of reducing waste, fraud, and abuse, and to the 
     extent consistent with applicable information, privacy, 
     security, and disclosure laws, including the regulations 
     promulgated under the Health Insurance Portability and 
     Accountability Act of 1996 and section 552a of title 5, 
     United States Code, and subject to any information systems 
     security requirements under such laws or otherwise required 
     by the Secretary, the Secretary, in consultation with the 
     Inspector General of the Department of Health and Human 
     Services, may allow State Medicaid fraud control units and 
     State and local law enforcement officials to have access to 
     claims and payment data of the Department of Health and Human 
     Services and its contractors related to titles XVIII, XIX, 
     and XXI, including the Integrated Data Repository under 
     paragraph (1).''.
       (f) Ensuring Data Is Uploaded to the IDR on a Daily 
     Basis.--Section 1128J(a)(1) of the Social Security Act, as 
     added by section 6402(a) of the Patient Protection and 
     Affordable Care Act (Public Law 111-148) is amended by adding 
     at the end the following new subparagraph:
       ``(C) Uploading of medicare claims data on a daily basis.--
     All Medicare claims data shall be uploaded into the 
     Integrated Data Repository on a daily basis.''.
       (g) Real-Time Access to Data.--
       (1) In general.--The Secretary shall ensure that any data 
     provided to an entity or individual under the provisions of 
     or amendments made by this section is provided to such entity 
     or individual on a real-time basis, in accordance with 
     protocols established by the Secretary under paragraph (2). 
     The Secretary shall consult with the Inspector General of the 
     Department of Health and Human Services prior to implementing 
     this subsection.
       (2) Protocols.--
       (A) In general.--The Secretary shall establish protocols to 
     ensure the secure transfer and storage of any data provided 
     to another entity or individual under the provisions of or 
     amendments made by this section.
       (B) Consideration of hhs oig recommendations.--In 
     establishing protocols under subparagraph (A), the Secretary 
     shall take into account recommendations submitted to the 
     Secretary by the Inspector General of the Department of 
     Health and Human Services with respect to the secure transfer 
     and storage of such data.
       (h) GAO Study and Report on Use of Federation of State 
     Medical Boards To Strengthen Enrollment Integrity 
     Processes.--
       (1) Study.--The Comptroller General of the United States 
     shall, in consultation with the Federation of State Medical 
     Boards, conduct a study on whether and, if so, to what 
     degree, such Federation may be useful to the Secretary in 
     further strengthening the integrity of processes for 
     enrolling providers of services and suppliers under Federal 
     health care programs.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report containing the 
     results of the study conducted under paragraph (1), together 
     with recommendations for such legislation and administrative 
     action as the Comptroller General determines appropriate.
       (i) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Centers for Medicare & Medicaid 
     Services.
       (2) CHIP.--The term ``CHIP'' means the State Children's 
     Health Insurance Program under title XXI of the Social 
     Security Act (42 U.S.C. 1397aa et seq.).
       (3) Federal health care program.--The term ``Federal health 
     care program'' has the meaning given such term in section 
     1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)).
       (4) HHS oig.--The term ``HHS OIG'' means the Inspector 
     General of the Department of Health and Human Services.
       (5) Medicare administrative contractors, fiscal 
     intermediaries, and carriers.--The term ``Medicare 
     administrative contractors, fiscal intermediaries, and 
     carriers'' includes zone program integrity contractors, 
     program safeguard or integrity contractors, recovery audit 
     contractors under section 1893(h) of the Social Security Act 
     (42 U.S.C. 1395ddd(h)), and special investigative units at 
     Medicare contractors (as defined in section 1889(g) of the 
     Social Security Act (42 U.S.C. 1395zz(g))).
       (6) Medicare program.--The term ``Medicare program'' means 
     the program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.).
       (7) Provider of services.--The term ``provider of 
     services'' has the meaning given such term in section 1861(u) 
     of the Social Security Act (42 U.S.C. 1395x(u)).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (9) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, and American Samoa.
       (10) Supplier.--The term ``supplier'' has the meaning given 
     such term in section 1861(d) of the Social Security Act (42 
     U.S.C. 1395x(d)).

     SEC. 962. ACCESS FOR PRIVATE SECTOR AND GOVERNMENTAL 
                   ENTITIES.

       (a) In General.--Title XI of the Social Security Act (42 
     U.S.C. 1301 et seq.), as amended by section 6402(a) of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148), is amended by inserting after section 1128J the 
     following new section:


        ``expanded access to the national practitioner data bank

       ``Sec. 1128K.  (a) Expanded Access.--
       ``(1) In general.--The information in the National 
     Practitioner Data Bank established pursuant to the Health 
     Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et 
     seq.) may be available on a real-time basis, in accordance 
     with protocols established by the Secretary under subsection 
     (b), to--
       ``(A) Federal and State government agencies and health 
     plans, commercial health plans, and any health care provider, 
     supplier, or practitioner entering an employment or 
     contractual relationship with an individual or entity who has 
     been subject to a final adverse action in the past 10 years, 
     where the contract involves the furnishing of items or 
     services reimbursed by 1 or more Federal health care programs 
     (regardless of whether the individual or entity is paid by 
     the programs directly, or whether the items or services are 
     reimbursed directly or indirectly through the claims of a 
     direct provider); and
       ``(B) utilization and quality control peer review 
     organizations and accreditation entities as defined by the 
     Secretary, including but not limited to organizations 
     described in part B of this title and in section 
     1154(a)(4)(C).
       ``(2) No effect on access under other applicable law; 
     appropriate coordination.--Nothing in this section shall 
     affect the availability of information in the National 
     Practitioner Data Bank under other applicable law, including 
     the availability of such information to entities or 
     individuals under part B of the Health Care Quality 
     Improvement Act of 1986 (42 U.S.C. 11131 et seq.). In 
     implementing this section, the Secretary shall provide for 
     the maximum appropriate coordination with such part.
       ``(b) Protocols.--The Secretary shall establish protocols 
     to ensure the secure transfer and storage of data made 
     available under this section. In establishing such protocols 
     the Secretary shall take into account recommendations 
     submitted to the Secretary by the Inspector General of the 
     Department of Health and Human Services and the National 
     Association of Insurance Commissioners with respect to the 
     secure transfer and storage of such data, the establishment 
     or approval of a fee structure under subsection (c), and the 
     establishment of user access protocols.
       ``(c) Fees for Disclosure.--
       ``(1) In general.--
       ``(A) Fees.--Subject to paragraph (2), the Secretary may 
     establish or approve reasonable fees for the disclosure of 
     information under this section, including with respect to 
     requests by Federal agencies or other entities, such as 
     fiscal intermediaries and carriers, acting under contract on 
     behalf of such agencies.
       ``(B) Establishment or approval of fee amounts.--In 
     establishing or approving the amount of such fees, the 
     Secretary shall ensure that the total amount of the fees to 
     be collected is equal to the total costs of processing the 
     requests for disclosure and of providing such information. 
     Such fees shall be available to the Secretary to cover such 
     costs.
       ``(C) For-profit entities.--The Secretary may allow for-
     profit entities to receive data under this section for a fee 
     that is comparable to the fee charged to a Federal agency or 
     other entity under subparagraph (A) with respect to a similar 
     request.
       ``(2) Free access to certain data.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Fighting Fraud and Abuse to Save Taxpayers' 
     Dollars

[[Page S8944]]

     Act, for purposes of identifying additional strategies and 
     tools to combat waste, fraud, and abuse, the Secretary--
       ``(i) establish protocols to ensure the secure transmission 
     of data under this section; and
       ``(ii) may ensure nonprofit academic, policy, and research 
     institutions have access to data from the National 
     Practitioner Data Bank.
       ``(B) Access free of charge.--Data shall be provided under 
     subparagraph (A)(ii) free of charge to academic, policy, and 
     research institutions.
       ``(C) Requirement.--Any academic, policy, or research 
     institution that is provided data under subparagraph (A)(ii) 
     shall, as a condition of receiving such data, be required to 
     share with the Secretary any findings using such data to 
     combat waste, fraud, and abuse (in a form and manner of the 
     academic, policy, or research institution's choosing).
       ``(d) Establishment of Appeals Process.--
       ``(1) In general.--The Secretary shall establish a 
     transparent and responsive appeals process under which a 
     provider of services or supplier may have their name removed 
     from the National Practitioner Data Bank. Under such process, 
     appeals shall be conducted in a timely manner (not more than 
     90 days after the earlier of the date of the listing in the 
     National Practitioner Data Bank or the issuance of any 
     penalty involved) in order to minimize the time that 
     providers of services or suppliers who successfully appeal 
     are excluded from participation under the programs under 
     titles XVIII and XIX.
       ``(2) Consultation.--The Secretary shall consult with major 
     colleges of medical practice in the United States, commercial 
     health plans, the Inspector General of the Department of 
     Health and Human Services, the National Association of 
     Insurance Commissioners, and the Federation of State Medical 
     Boards in establishing the appeals process under paragraph 
     (1).
       ``(e) Definitions.--In this section:
       ``(1) Commercial health plan.--The term `commercial health 
     plan' means health insurance coverage (as defined in section 
     2791 of the Public Health Service Act and including group 
     health plans).
       ``(2) Final adverse action.--The term `final adverse 
     action' means one or more of the following actions:
       ``(A) A Medicare-imposed revocation of any Medicare billing 
     privileges.
       ``(B) Suspension or revocation of a license to provide 
     health care by any State licensing authority.
       ``(C) A conviction of a Federal or State felony offense 
     within the last 10 years preceding enrollment, revalidation, 
     or re-enrollment.
       ``(D) An exclusion or debarment from participation in a 
     Federal or State health care program.''.
       (b) Criminal Penalty for Misuse of Information Disclosed.--
     Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-
     7b(b)) is amended by adding at the end the following:
       ``(4) Whoever knowingly uses information disclosed from the 
     National Practitioner Data Bank under section 1128K for a 
     purpose other than those authorized under that section shall 
     be imprisoned for not more than 3 years or fined under title 
     18, United States Code, or both.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

     SEC. 963. LIABILITY OF MEDICARE ADMINISTRATIVE CONTRACTORS 
                   FOR CLAIMS SUBMITTED BY EXCLUDED PROVIDERS.

       (a) Reimbursement to the Secretary for Amounts Paid to 
     Excluded Providers.--Section 1874A(b) of the Social Security 
     Act (42 U.S.C. 1395kk(b)) is amended by adding at the end the 
     following new paragraph:
       ``(6) Reimbursements to secretary for amounts paid to 
     excluded providers.--
       ``(A) Limitation.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary shall not enter into a contract with a Medicare 
     administrative contractor under this section unless the 
     contractor agrees to reimburse the Secretary for any amounts 
     paid by the contractor for with respect to any item or 
     service (other than an emergency item or service, not 
     including items or services furnished in an emergency room of 
     a hospital) which is furnished--

       ``(I) by an individual or entity during the period when 
     such individual or entity is excluded pursuant to section 
     1128, 1128A, 1156 or 1842(j)(2) from participation in the 
     program under this title; or
       ``(II) at the medical direction or on the prescription of a 
     physician during the period when he is excluded pursuant to 
     section 1128, 1128A, 1156 or 1842(j)(2) from participation in 
     the program under this title and when the person furnishing 
     such item or service knew or had reason to know of the 
     exclusion (after a reasonable time period after reasonable 
     notice has been furnished to the person).

       ``(ii) Exception.--Where a Medicare administrative 
     contractor pays a claim for payment for items or services 
     furnished by an individual or entity excluded from 
     participation in the programs under this title, pursuant to 
     section 1128, 1128A, 1156, or l866, and such Medicare 
     administrative contractor did not know or have reason to know 
     that such individual or entity was so excluded, then, to the 
     extent permitted by this title, and notwithstanding such 
     exclusion, the contractor shall not be required to reimburse 
     the Secretary under clause (i) for any amounts paid with 
     respect to such items or services. In each such case the 
     Secretary shall notify the contractor of the exclusion of the 
     individual or entity furnishing the items or services. A 
     Medicare administrative contractor shall not make payment for 
     items or services furnished by an excluded individual or 
     entity to a beneficiary after a reasonable time (as 
     determined by the Secretary in regulations) after the 
     Secretary has notified the contractor of the exclusion of 
     that individual or entity.
       ``(B) Requirement to review claims.--A Medicare 
     administrative contractor shall review claims submitted to 
     the contractor for payment for services under this title in 
     order to ensure that such services were not furnished by an 
     individual or entity during any period for which the 
     individual or entity is excluded from such participation (as 
     described in subparagraph (A)).''.
       (b) Report on Effectiveness and Development of Scorecard 
     and Measurable Performance Metrics for Medicare 
     Contractors.--
       (1) Report.--
       (A) In general.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall submit to Congress a report on the overall 
     effectiveness and potential of Medicare contractors.
       (B) Contents of report.--The report submitted under 
     subparagraph (A) shall include the Secretary's 
     recommendations for the development of measurable performance 
     metrics and a scorecard for Medicare contractors (or, in the 
     case of Medicare administrative contractors, updated and 
     revised measurable performance metrics and a revised 
     scorecard), together with recommendations for such 
     legislation and administrative action as the Secretary 
     determines appropriate.
       (2) Consultation.--The Secretary shall consult with 
     Medicare contractors, the Inspector General of the Department 
     of Health and Human Services, private sector waste, fraud, 
     and abuse experts, and entities with experience combating and 
     preventing waste, fraud, and abuse, including through the 
     review of Medicare claims, in preparing the report submitted 
     under paragraph (1).
       (3) Medicare contractors defined.--In this subsection, the 
     term ``Medicare contractor'' means any of the following:
       (A) A Medicare administrative contractor under section 
     1874A of the Social Security Act.
       (B) A Medicare Program Safeguard Contractor.
       (C) A Zone Program Integrity Contractor.
       (D) A Medicare Drug Integrity Contractor.
       (c) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply to claims for reimbursement submitted on or after 
     the date of enactment of this Act.
       (2) Contract modification.--The Secretary of Health and 
     Human Services shall take such steps as may be necessary to 
     modify contracts entered into, renewed, or extended prior to 
     the date of enactment of this Act to conform such contracts 
     to the provisions of and amendments made by this section.

     SEC. 964. LIMITING THE DISCHARGE OF DEBTS IN BANKRUPTCY 
                   PROCEEDINGS IN CASES WHERE A HEALTH CARE 
                   PROVIDER OR A SUPPLIER ENGAGES IN FRAUDULENT 
                   ACTIVITY.

       (a) In General.--
       (1) Civil monetary penalties.--Section 1128A(a) of the 
     Social Security Act (42 U.S.C. 1320a-7a(a)) is amended by 
     adding at the end the following: ``Notwithstanding any other 
     provision of law, amounts made payable under this section are 
     not dischargeable under section 727, 944, 1141, 1228, or 1328 
     of title 11, United States Code, or any other provision of 
     such title.''.
       (2) Recovery of overpayment to providers of services under 
     part a.--Section 1815(d) of the Social Security Act (42 
     U.S.C. 1395g(d)) is amended--
       (A) by inserting ``(1)'' after ``(d)''; and
       (B) by adding at the end the following:
       ``(2) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title if 
     the overpayment was the result of fraudulent activity, as may 
     be defined by the Secretary.''.
       (3) Recovery of overpayment of benefits under part b.--
     Section 1833(j) of the Social Security Act (42 U.S.C. 
     1395l(j)) is amended--
       (A) by inserting ``(1)'' after ``(j)''; and
       (B) by adding at the end the following:
       ``(2) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title if 
     the overpayment was the result of fraudulent activity, as may 
     be defined by the Secretary.''.
       (4) Collection of past-due obligations arising from breach 
     of scholarship and loan contract.--Section 1892(a) of the 
     Social Security Act (42 U.S.C. 1395ccc(a)) is amended by 
     adding at the end the following:
       ``(5) Notwithstanding any other provision of law, amounts 
     due to the Secretary under this section are not dischargeable 
     under section 727, 944, 1141, 1228, or 1328 of title 11, 
     United States Code, or any other provision of such title.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to bankruptcy petitions filed after the date of 
     enactment of this Act.

[[Page S8945]]

     SEC. 965. PREVENTION OF WASTE, FRAUD, AND ABUSE IN THE 
                   MEDICAID AND CHIP PROGRAMS.

       (a) Detection of Fraudulent Identification Numbers Within 
     the Medicaid and CHIP Programs.--
       (1) Medicaid.--Section 1903(i) of the Social Security Act 
     (42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of 
     the Patient Protection and Affordable Care Act (Public Law 
     111-148), is amended--
       (A) in paragraph (25), by striking ``or'' at the end;
       (B) in paragraph (26), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(27) with respect to amounts expended for an item or 
     service for which medical assistance is provided under the 
     State plan or under a waiver of such plan unless the claim 
     for payment for such item or service contains--
       ``(A) a valid beneficiary identification number that, for 
     purposes of the individual who received such item or service, 
     has been determined by the State agency to correspond to an 
     individual who is eligible to receive benefits under the 
     State plan or waiver; and
       ``(B) a valid National Provider Identifier that, for 
     purposes of the provider that furnished such item or service, 
     has been determined by the State agency to correspond to a 
     participating provider that is eligible to receive payment 
     for furnishing such item or service under the State plan or 
     waiver.''.
       (2) CHIP.--Section 2107(e)(1)(I) of the Social Security Act 
     (42 U.S.C. 1397gg(e)(1)(I)) is amended by striking ``and 
     (17)'' and inserting ``(17), and (27)''.
       (b) Screening Requirements for Managed Care Entities.--
       (1) In general.--Section 1902 of the Social Security Act 
     (42 U.S.C. 1396a) is amended--
       (A) by redesignating the second subsection (ii), as added 
     by section 6401(b)(1)(B) of the Patient Protection and 
     Affordable Care Act, as subsection (kk) of such section; and
       (B) in subsection (kk), as so redesignated--
       (i) by redesignating paragraph (8) as paragraph (9); and
       (ii) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) Managed care entities.--The State establishes 
     procedures to ensure that any managed care entity (as defined 
     in section 1932(a)(1)(B)) under contract with the State 
     complies with all applicable requirements under this 
     subsection.''.
       (2) Medicaid managed care organizations.--Section 
     1903(m)(2)(A) of the Social Security Act (42 U.S.C. 
     1396b(m)(2)(A)) is amended--
       (A) in clause (xii), by striking ``and'' at the end;
       (B) in clause (xiii), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following new clause:
       ``(xiv) such contract requires that the entity comply with 
     any applicable screening, oversight, and reporting 
     requirements under section 1902(kk).''.
       (3) Managed care entities.--Section 1932(d) of the Social 
     Security Act (42 U.S.C. 1396u-2(d)) is amended by adding at 
     the end the following new paragraph:
       ``(5) Compliance with screening, oversight, and reporting 
     requirements.--A managed care entity shall comply with any 
     applicable screening, oversight, and reporting requirements 
     under section 1902(kk).''.
       (c) Required Database Checks.--Clause (i) of section 
     1866(j)(2)(B) of the Social Security Act (42 U.S.C. 
     1395cc(j)(2)(B)) is amended to read as follows:
       ``(i) shall include--

       ``(I) a licensure check, which may include such checks 
     across States; and
       ``(II) for purposes of the Medicaid program under title 
     XIX--

       ``(aa) database checks (including such checks across 
     States), which shall include--
         ``(AA) the Medicaid Statistical Information System (as 
     described in section 1903(r)(1)(F)); and
         ``(BB) any relevant medical databases that are maintained 
     by the State agencies, as determined by the Secretary in 
     consultation with the directors of the State agencies; and
       ``(bb) coordination of excluded provider lists between the 
     Secretary and the State agency, including exchanges of data 
     regarding excluding providers between Federal and State 
     databases; and''.
       (d) Technical Corrections.--Section 1902 of the Social 
     Security Act (42 U.S.C. 1396a), as amended by subsection 
     (b)(1), is further amended--
       (1) in subsection (a)--
       (A) in paragraph (23), by striking ``subsection (ii)(4)'' 
     and inserting ``subsection (kk)(4)''; and
       (B) in paragraph (77), by striking ``subsection (ii)'' and 
     inserting ``subsection (kk)''; and
       (2) in subsection (kk), by striking ``section 1886'' each 
     place it appears and inserting ``section 1866''.

     SEC. 966. ILLEGAL DISTRIBUTION OF A MEDICARE, MEDICAID, OR 
                   CHIP BENEFICIARY IDENTIFICATION OR BILLING 
                   PRIVILEGES.

       Section 1128B(b) of the Social Security Act (42 U.S.C. 
     1320a-7b(b)), as amended by section 962(b), is amended by 
     adding at the end the following:
       ``(5) Whoever knowingly, intentionally, and with the intent 
     to defraud purchases, sells or distributes, or arranges for 
     the purchase, sale, or distribution of a Medicare, Medicaid, 
     or CHIP beneficiary identification number or billing 
     privileges under title XVIII, title XIX, or title XXI shall 
     be imprisoned for not more than 10 years or fined not more 
     than $500,000 ($1,000,000 in the case of a corporation), or 
     both.''.

     SEC. 967. PILOT PROGRAM FOR THE USE OF UNIVERSAL PRODUCT 
                   NUMBERS ON CLAIM FORMS FOR REIMBURSEMENT UNDER 
                   THE MEDICARE PROGRAM.

       (a) Establishment.--
       (1) In general.--Not later than January 1, 2013, the 
     Secretary shall establish a pilot program under which claims 
     for reimbursement under the Medicare program for UPN covered 
     items contain the universal product number of the UPN covered 
     item.
       (2) Duration.--The pilot program under this section shall 
     be conducted for a 2-year period.
       (3) Consideration of gao recommendations.--The Secretary 
     shall take into account the recommendations of the 
     Comptroller General of the United States in establishing the 
     pilot program under this section.
       (b) Development and Implementation of Procedures.--
       (1) Information included in upn.--The Secretary, in 
     consultation with manufacturers and entities with appropriate 
     expertise, shall determine the relevant descriptive 
     information appropriate for inclusion in a universal product 
     number for a UPN covered item under the pilot program.
       (2) Review of procedure.--The Secretary, in consultation 
     with interested parties (which shall, at a minimum, include 
     the Inspector General of the Department of Health and Human 
     Services and private sector and health industry experts), 
     shall use information obtained under the pilot program 
     through the use of universal product numbers on claims for 
     reimbursement under the Medicare program to periodically 
     review the UPN covered items billed under the Health Care 
     Financing Administration Common Procedure Coding System and 
     adjust such coding system to ensure that functionally 
     equivalent UPN covered items are billed and reimbursed under 
     the same codes.
       (c) GAO Reports to Congress on Effectiveness of 
     Implementation of Pilot Program.--
       (1) Initial report.--Not later than 6 months after the 
     implementation of the pilot program under this section, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the effectiveness of such 
     implementation.
       (2) Final report.--Not later than 18 months after the 
     completion of the pilot program under this section, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the effectiveness of the pilot program, 
     together with recommendations regarding the use of universal 
     product numbers and the use of data obtained from the use of 
     such numbers, and recommendations for such legislation and 
     administrative action as the Comptroller General determines 
     appropriate.
       (d) Use of Available Funding.--The Secretary shall use 
     amounts available in the Centers for Medicare & Medicaid 
     Services Program Management Account or in the Health Care 
     Fraud and Abuse Control Account under section 1817(k) of the 
     Social Security Act (42 U.S.C. 1395i(k)) to carry out the 
     pilot program under this section.
       (e) Definitions.--In this section:
       (1) Medicare program.--The term ``Medicare program'' means 
     the program under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (3) Universal product number.--The term ``universal product 
     number'' means a number that is--
       (A) affixed by the manufacturer to each individual UPN 
     covered item that uniquely identifies the item at each 
     packaging level; and
       (B) based on commercially acceptable identification 
     standards such as, but not limited to, standards established 
     by the Uniform Code Council--International Article Numbering 
     System or the Health Industry Business Communication Council.
       (4) UPN covered item.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``UPN covered item'' means--
       (i) a covered item as that term is defined in section 
     1834(a)(13) of the Social Security Act (42 U.S.C. 
     1395m(a)(13));
       (ii) an item described in paragraph (8) or (9) of section 
     1861(s) of such Act (42 U.S.C. 1395x);
       (iii) an item described in paragraph (5) of such section 
     1861(s); and
       (iv) any other item for which payment is made under this 
     title that the Secretary determines to be appropriate.
       (B) Exclusion.--The term ``UPN covered item'' does not 
     include a customized item for which payment is made under 
     this title.

     SEC. 968. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT 
                   NUMBERS ON MEDICARE CARDS.

       (a) In General.--Section 205(c)(2)(C) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(C)), as amended by section 
     1414(a)(2) of the Patient Protection and Affordable Care Act 
     (Public Law 111-148), is amended by adding at the end the 
     following new clause:
       ``(xi) The Secretary of Health and Human Services, in 
     consultation with the Commissioner of Social Security, shall 
     establish

[[Page S8946]]

     cost-effective procedures to ensure that a social security 
     account number (or any derivative thereof) is not displayed, 
     coded, or embedded on the Medicare card issued to an 
     individual who is entitled to benefits under part A of title 
     XVIII or enrolled under part B of title XVIII and that any 
     other identifier displayed on such card is easily 
     identifiable as not being the social security account number 
     (or a derivative thereof).''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to Medicare cards issued on and after an 
     effective date specified by the Secretary of Health and Human 
     Services, but in no case shall such effective date be later 
     than the date that is 24 months after the date adequate 
     funding is provided pursuant to subsection (d)(2).
       (2) Reissuance.--Subject to subsection (d)(2), in the case 
     of individuals who have been issued such cards before such 
     date, the Secretary of Health and Human Services--
       (A) shall provide for the reissuance for such individuals 
     of such a card that complies with such amendment not later 
     than 3 years after the effective date specified under 
     paragraph (1); and
       (B) may permit such individuals to apply for the reissuance 
     of such a card that complies with such amendment before the 
     date of reissuance otherwise provided under subparagraph (A) 
     in such exceptional circumstances as the Secretary may 
     specify.
       (c) Outreach Program.--Subject to subsection (d)(2), the 
     Secretary of Health and Human Services, in consultation with 
     the Commissioner of Social Security, shall conduct an 
     outreach program to Medicare beneficiaries and providers 
     about the new Medicare card provided under this section.
       (d) Report to Congress and Limitations on Effective Date.--
       (1) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Services, acting through the Administrator of the Centers for 
     Medicare & Medicaid Services and in consultation with the 
     Commissioner of Social Security, shall submit to Congress a 
     report that includes detailed options regarding the 
     implementation of this section, including line-item estimates 
     of and justifications for the costs associated with such 
     options and estimates of timeframes for each stage of 
     implementation. In recommending such options, the Secretary 
     shall take into consideration, among other factors, cost-
     effectiveness and beneficiary outreach and education.
       (2) Limitation; modification of deadlines.--With respect to 
     the amendment made by subsection (a), and the requirements of 
     subsections (b) and (c)--
       (A) such amendment and requirements shall not apply until 
     adequate funding is transferred pursuant to section 11(b) to 
     implement the provisions of this section, as determined by 
     Congress; and
       (B) any deadlines otherwise established under this section 
     for such amendment and requirements are contingent upon the 
     receipt of adequate funding (as determined in subparagraph 
     (A)) for such implementation.
     The previous sentence shall not affect the timely submission 
     of the report required under paragraph (1).

     SEC. 969. IMPLEMENTATION.

       (a) Empowering the HHS OIG and GAO.--Except as otherwise 
     provided, to the extent practicable, the Secretary of Health 
     and Human Services (in this section referred to as the 
     ``Secretary'') shall--
       (1) carry out the provisions of and amendments made by this 
     subtitle in consultation with the Inspector General of the 
     Department of Health and Human Services; and
       (2) take into consideration the findings and 
     recommendations of the Comptroller General of the United 
     States in carrying out such provisions and amendments.
       (b) Funding.--The Secretary shall provide for the transfer, 
     from the Health Care Fraud and Abuse Control Account under 
     section 1817(k) of the Social Security Act (42 U.S.C. 
     1395i(k)), to the Centers for Medicare & Medicaid Services 
     Program Management Account, of such sums, provided such sums 
     are fully offset, as the Secretary determines are for 
     necessary administrative expenses associated with carrying 
     out the provisions of and amendments made by this subtitle 
     (other than section 967). Amounts transferred under the 
     preceding sentence shall remain available until expended.
       (c) Savings.--Any reduction in outlays under the Medicare 
     program under title XVIII of the Social Security Act under 
     the provisions of, and amendments made by, this subtitle may 
     only be utilized to offset outlays under part A of title 
     XVIII of the Social Security Act.

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