[Congressional Record (Bound Edition), Volume 155 (2009), Part 3]
[Senate]
[Pages 3005-3087]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 364. Mr. McCAIN (for himself, Mr. Graham, and Mr. Thune) proposed 
an amendment to amendment SA 98 proposed by Mr. Inouye (for himself and 
Mr. Baucus) to the bill H.R. 1, making supplemental appropriations for 
job preservation and creation, infrastructure investment, energy 
efficiency and science, assistance to the unemployed, and State and 
local fiscal stabilization, for fiscal year ending September 30, 2009, 
and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``American 
     Recovery and Reinvestment Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.

                         TITLE I--USE OF FUNDS

Sec. 101. Relationship to other appropriations.
Sec. 102. Preference for quick-start activities.
Sec. 103. Requirement of timely award of grants.
Sec. 104. Use it or lose it requirements for grantees.
Sec. 105. Period of availability.
Sec. 106. Prohibition on use of recovery and reinvestment Federal funds 
              for lobbying and political contributions.
Sec. 107. Guidelines for the use of funds.

                TITLE II--CONGRESSIONAL OVERSIGHT PANEL

Sec. 201. Congressional Oversight Panel.

 TITLE III--ESTABLISHMENT OF RECOVERY ACCOUNTABILITY AND TRANSPARENCY 
                                 BOARD

Sec. 301. Definitions.
Sec. 302. Establishment of the Recovery Accountability and Transparency 
              Board.
Sec. 303. Composition of Board.
Sec. 304. Functions of the Board.
Sec. 305. Powers of the Board.
Sec. 306. Employment, personnel, and related authorities.
Sec. 307. Independence of inspectors general.
Sec. 308. Coordination with the Comptroller General and State auditors.
Sec. 309. Protecting State and local government and contractor 
              whistleblowers.
Sec. 310. Board website.
Sec. 311. Authorization of appropriations.
Sec. 312. Termination of the Board.

             TITLE IV--RECOVERY INDEPENDENT ADVISORY PANEL

Sec. 401. Establishment of Recovery Independent Advisory Panel.
Sec. 402. Duties of the Panel.
Sec. 403. Powers of the Panel.
Sec. 404. Panel personnel matters.
Sec. 405. Termination of the Panel.
Sec. 406. Authorization of appropriations.

                   TITLE V--SPECIAL INSPECTOR GENERAL

Sec. 501. Special Inspector General.

         TITLE VI--REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS

Sec. 601. Reports of the Council of Economic Advisers.

                    TITLE VII--OVERSIGHT AND AUDITS

Sec. 701. Oversight and audits.

 TITLE VIII--DISCLOSURE OF LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL 
                                 FUNDS

Sec. 801. Disclosure of lobbying on behalf of recipients of Federal 
              funds.

TITLE IX--NATIONAL COMMISSIONS ON SOCIAL SECURITY SOLVENCY AND MEDICARE 
                         AND MEDICAID SOLVENCY

      Subtitle A--National Commission on Social Security Solvency

Sec. 901. Definitions.
Sec. 902. Establishment of Commission.
Sec. 903. Expedited consideration of Commission recommendations.

   Subtitle B--National Commission on Medicare and Medicaid Solvency

Sec. 911. Definitions.
Sec. 912. Establishment of Commission.
Sec. 913. Expedited consideration of Commission recommendations.

                    TITLE X--ENFORCEMENT PROVISIONS

Sec. 1000. Reducing spending upon economic growth to relieve future 
              generations' debt obligations.
Sec. 1000A. Termination of programs.

                       DIVISION B--APPROPRIATIONS

                            TITLE I--MILCON.

                        TITLE II--TRANSPORTATION

                    TITLE III--DEPARTMENT OF DEFENSE

                      DIVISION C--OTHER PROVISIONS

                        TITLE I--TAX PROVISIONS

Sec. 10001. Reduction in social security payroll taxes.
Sec. 10002. Temporary reduction in corporate income tax rates.
Sec. 10003. Temporary increase in limitations on expensing of certain 
              depreciable business assets.
Sec. 10004. Credit for certain home purchases.
Sec. 10005. Reduction in 10-percent and 15-percent rate brackets for 
              2009.
Sec. 10006. Temporary suspension of tax on unemployment compensation.

               TITLE II--ASSISTANCE FOR AMERICANS IN NEED

Sec. 20001. Extension of emergency unemployment compensation program.
Sec. 20002. Supplemental nutrition assistance program.
Sec. 20003. Training and employment services.

                  TITLE III--FIXING THE HOUSING CRISIS

Sec. 30001. Short title.
Sec. 30002. Definitions.
Sec. 30003. Payments to eligible servicers authorized.
Sec. 30004. Temporary extension of loan limit increase.
Sec. 30005. Authorization of appropriations.
Sec. 30006. Sunset of authority.

                         TITLE I--USE OF FUNDS

     SEC. 101. RELATIONSHIP TO OTHER APPROPRIATIONS.

       Each amount appropriated or made available in this Act is 
     in addition to amounts

[[Page 3006]]

     otherwise appropriated for the fiscal year involved. 
     Enactment of this Act shall have no effect on the 
     availability of amounts under the Continuing Appropriations 
     Resolution, 2009 (division A of Public Law 110-329).

     SEC. 102. PREFERENCE FOR QUICK-START ACTIVITIES.

       In using funds made available in this Act for 
     infrastructure investment, recipients shall give preference 
     to activities that can be started and completed 
     expeditiously, including a goal of using at least 50 percent 
     of the funds for activities that can be initiated not later 
     than 120 days after the date of the enactment of this Act. 
     Recipients shall also use grant funds in a manner that 
     maximizes job creation and economic benefit.

     SEC. 103. REQUIREMENT OF TIMELY AWARD OF GRANTS.

       (a) Formula Grants.--Formula grants using funds made 
     available in this Act shall be awarded not later than 30 days 
     after the date of the enactment of this Act (or, in the case 
     of appropriations not available upon enactment, not later 
     than 30 days after the appropriation becomes available for 
     obligation), unless expressly provided otherwise in this Act.
       (b) Competitive Grants.--Competitive grants using funds 
     made available in this Act shall be awarded not later than 90 
     days after the date of the enactment of this Act (or, in the 
     case of appropriations not available upon enactment, not 
     later than 90 days after the appropriation becomes available 
     for obligation), unless expressly provided otherwise in this 
     Act.
       (c) Additional Period for New Programs.--The time limits 
     specified in subsections (a) and (b) may each be extended by 
     up to 30 days in the case of grants for which funding was not 
     provided in fiscal year 2008.

     SEC. 104. USE IT OR LOSE IT REQUIREMENTS FOR GRANTEES.

       (a) Deadline for Binding Commitments.--Each recipient of a 
     grant made using amounts made available in this Act in any 
     account listed in subsection (c) shall enter into contracts 
     or other binding commitments not later than 1 year after the 
     date of the enactment of this Act (or not later than 9 months 
     after the grant is awarded, if later) to make use of 50 
     percent of the funds awarded, and shall enter into contracts 
     or other binding commitments not later than 2 years after the 
     date of the enactment of this Act (or not later than 21 
     months after the grant is awarded, if later) to make use of 
     the remaining funds. In the case of activities to be carried 
     out directly by a grant recipient (rather than by contracts, 
     subgrants, or other arrangements with third parties), a 
     certification by the recipient specifying the amounts, 
     planned timing, and purpose of such expenditures shall be 
     deemed a binding commitment for purposes of this section.
       (b) Redistribution of Uncommitted Funds.--The head of the 
     Federal department or agency involved shall recover or 
     deobligate any grant funds not committed in accordance with 
     subsection (a), and redistribute such funds to other 
     recipients eligible under the grant program and able to make 
     use of such funds in a timely manner (including binding 
     commitments within 120 days after the reallocation).

     SEC. 105. PERIOD OF AVAILABILITY.

       (a) In General.--All funds appropriated in this Act shall 
     remain available for obligation until September 30, 2010, 
     unless expressly provided otherwise in this Act.
       (b) Reobligation.--Amounts that are not needed or cannot be 
     used under title __ of this Act for the activity for which 
     originally obligated may be deobligated and, notwithstanding 
     the limitation on availability specified in subsection (a), 
     reobligated for other activities that have received funding 
     from the same account or appropriation in such title.

     SEC. 106. PROHIBITION ON USE OF RECOVERY AND REINVESTMENT 
                   FEDERAL FUNDS FOR LOBBYING AND POLITICAL 
                   CONTRIBUTIONS.

       (a) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Recovery and reinvestment assistance.--The term 
     ``recovery and reinvestment assistance'' means any funds made 
     available to any recipient under this Act.
       (2) Lobbying expenditures.--The term ``lobbying 
     expenditures'' has the meaning given under section 4911(c)(1) 
     of the Internal Revenue Code of 1986.
       (3) Political contributions.--The term ``political 
     contributions'' means any contribution on behalf of a 
     political candidate or to a separate segregated fund 
     described in section 316(b)(2)(C) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441b(b)(2)(C)).
       (b) Prohibition on the Use of Recovery and Reinvestment 
     Funding.--Any recipient of funds under this Act and any 
     subsidiary thereof may not use such funds for lobbying 
     expenditures or political contributions.

     SEC. 107. GUIDELINES FOR THE USE OF FUNDS.

       (a) Guidelines.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Comptroller General and the Advisory 
     Panel shall develop and publish corporate governance 
     principles and ethical guidelines for recipients of emergency 
     economic assistance including restrictions governing--
       (1) the hosting, sponsorship, or payments for conferences 
     and events;
       (2) the use of corporate aircraft, travel accommodations, 
     and travel expenditures;
       (3) expenses relating to office or facility renovations or 
     relocations; and
       (4) expenses relating to entertainment, holiday parties, 
     employee recognition events, or similar ancillary corporate 
     expenses.
       (b) Internal Reporting and Oversight.--The Secretary of the 
     Treasury shall publish suggested mechanisms for addressing 
     non-compliance with the guidelines developed pursuant to 
     subsection (a) through enhanced internal reporting and 
     oversight requirements.

                TITLE II--CONGRESSIONAL OVERSIGHT PANEL

     SEC. 201. CONGRESSIONAL OVERSIGHT PANEL.

       (a) Establishment.--There is established the Congressional 
     Oversight Panel (in this section referred to as the 
     ``Oversight Panel'') as an establishment in the legislative 
     branch to coordinate and conduct oversight of covered funds 
     to ensure the recovery and reinvestment goals and purposes of 
     the Act are achieved through the use of covered funds, and to 
     determine their impact in achieving the goals of this Act 
     including stimulating the economy, creating and saving jobs, 
     preventing home foreclosures and facilitating purchase of 
     homes, and helping individual Americans and their communities 
     who are most adversely affected by the economic crisis.
       (1) Regular reports.--
       (A) In general.--Regular reports of the Oversight Panel 
     shall include the following:
       (i) The rate of expenditure of covered funds by federal, 
     state, and local government agencies and compliance with 
     applicable ethical and legal provisions relating to the 
     expenditure of covered funds.
       (ii) Assessments of the impact of expenditures of covered 
     funds on reducing unemployment, helping Americans prevent 
     foreclosure of their homes and facilitate home purchases, 
     stimulating the economy, and stabilizing financial markets 
     and institutions.
       (iii) The extent to which the activities of inspectors 
     general, the Board, the Advisory Panel, the Comptroller 
     General, and recipients of covered funds comply with and 
     contribute to transparency and accountability in the use of 
     covered funds.
       (iv) An assessment of the effectiveness of tax cuts 
     included in the Act on achieving the goals of stimulating the 
     economy, achieving financial stability, and helping 
     businesses and individual Americans adversely affected by the 
     economic crisis.
       (B) Timing.--The reports required under this paragraph 
     shall be submitted not later than 90 days after the first 
     exercise by the Secretary of the authority under section 
     101(a) or 102, and every 90 days thereafter.
       (2) Special report on recovery and reinvestment.--The 
     Oversight Panel shall submit a special report on the status 
     and effects of expenditure of covered funds not later than 
     July 20, 2009. The Oversight Panel shall analyze the current 
     state of the economy and the effectiveness of the Act and 
     provide recommendations regarding revision in the Act and 
     uses of covered funds and measures to improve transparency 
     and accountability.
       (b) Membership.--
       (1) In general.--The Oversight Panel shall consist of 5 
     members, as follows:
       (A) 1 member appointed by the Speaker of the House of 
     Representatives.
       (B) 1 member appointed by the minority leader of the House 
     of Representatives.
       (C) 1 member appointed by the majority leader of the 
     Senate.
       (D) 1 member appointed by the minority leader of the 
     Senate.
       (E) 1 member appointed by the Speaker of the House of 
     Representatives and the majority leader of the Senate, after 
     consultation with the minority leader of the Senate and the 
     minority leader of the House of Representatives.
       (2) Pay.--Each member of the Oversight Panel shall each be 
     paid at a rate equal to the daily equivalent of the annual 
     rate of basic pay for level I of the Executive Schedule for 
     each day (including travel time) during which such member is 
     engaged in the actual performance of duties vested in the 
     Commission.
       (3) Prohibition of compensation of federal employees.--
     Members of the Oversight Panel who are full-time officers or 
     employees of the United States or Members of Congress may not 
     receive additional pay, allowances, or benefits by reason of 
     their service on the Oversight Panel.
       (4) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions under subchapter I of 
     chapter 57 of title 5, United States Code.
       (5) Quorum.--Four members of the Oversight Panel shall 
     constitute a quorum but a lesser number may hold hearings.
       (6) Vacancies.--A vacancy on the Oversight Panel shall be 
     filled in the manner in which the original appointment was 
     made.
       (7) Meetings.--The Oversight Panel shall meet at the call 
     of the Chairperson or a majority of its members.
       (c) Staff.--
       (1) In general.--The Oversight Panel may appoint and fix 
     the pay of any personnel as the Commission considers 
     appropriate.

[[Page 3007]]

       (2) Experts and consultants.--The Oversight Panel may 
     procure temporary and intermittent services under section 
     3109(b) of title 5, United States Code.
       (3) Staff of agencies.--Upon request of the Oversight 
     Panel, the head of any Federal department or agency may 
     detail, on a reimbursable basis, any of the personnel of that 
     department or agency to the Oversight Panel to assist it in 
     carrying out its duties under this Act.
       (d) Powers.--
       (1) Hearings and sessions.--The Oversight Panel may, for 
     the purpose of carrying out this section, hold hearings, sit 
     and act at times and places, take testimony, and receive 
     evidence as the Panel considers appropriate and may 
     administer oaths or affirmations to witnesses appearing 
     before it.
       (2) Powers of members and agents.--Any member or agent of 
     the Oversight Panel may, if authorized by the Oversight 
     Panel, take any action which the Oversight Panel is 
     authorized to take by this section.
       (3) Obtaining official data.--The Oversight Panel may 
     secure directly from any department or agency of the United 
     States or any recipient of funds under this Act information 
     necessary to enable it to carry out this section. Upon 
     request of the Chairperson of the Oversight Panel, the head 
     of that department or agency shall furnish that information 
     to the Oversight Panel.
       (4) Reports.--The Oversight Panel shall receive and 
     consider all reports required to be submitted to the Recovery 
     Independent Advisory Panel under this Act.
       (e) Funding for Expenses.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Oversight Panel such sums as may be 
     necessary for any fiscal year, half of which shall be derived 
     from the applicable account of the House of Representatives, 
     and half of which shall be derived from the contingent fund 
     of the Senate.
       (2) Reimbursement of amounts.--An amount equal to the 
     expenses of the Oversight Panel shall be promptly transferred 
     by the Secretary, from time to time upon the presentment of a 
     statement of such expenses by the Chairperson of the 
     Oversight Panel, from funds made available to the Secretary 
     under this Act to the applicable fund of the House of 
     Representatives and the contingent fund of the Senate, as 
     appropriate, as reimbursement for amounts expended from such 
     account and fund under paragraph (1).

 TITLE III--ESTABLISHMENT OF RECOVERY ACCOUNTABILITY AND TRANSPARENCY 
                                 BOARD

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given 
     under section 551 of title 5, United States Code.
       (2) Board.--The term ``Board'' means the Recovery 
     Accountability and Transparency Board established in section 
     302.
       (3) Chairperson.--The term ``Chairperson'' means the 
     Chairperson of the Board.
       (4) Covered funds.--The term ``covered funds'' means any 
     funds that are expended or obligated--
       (A) from appropriations made under this Act; and
       (B) under any other authorities provided under this Act.

     SEC. 302. ESTABLISHMENT OF THE RECOVERY ACCOUNTABILITY AND 
                   TRANSPARENCY BOARD.

       There is established the Recovery Accountability and 
     Transparency Board to coordinate and conduct oversight of 
     covered funds to prevent fraud, waste, and abuse.

     SEC. 303. COMPOSITION OF BOARD.

       (a) Chairperson.--
       (1) Chair and vice chair.--The President shall--
       (A) appoint an individual as the Chairperson of the Board; 
     and
       (B)(i) designate the Deputy Director for Management of the 
     Office of Management and Budget to serve as Vice-Chairperson 
     of the Board; or
       (ii) designate another Federal officer who was appointed by 
     the President Vice-Chairperson of the Board and confirmed by 
     the Senate.
       (2) Compensation.--
       (A) Designation of federal officer.--If the President 
     designates a Federal officer under paragraph (1), that 
     Federal officer may not receive additional compensation for 
     services performed as Chairperson or Vice-Chairperson.
       (B) Appointment of non-federal officer.--If the President 
     appoints an individual as Chairperson under paragraph (1), 
     that individual shall be compensated at the rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.
       (b) Members.--The members of the Board shall include--
       (1) the Inspectors General of the Departments of 
     Agriculture, Commerce, Defense, Education, Energy, Health and 
     Human Services, Homeland Security, Justice, Transportation, 
     Treasury, and the Treasury Inspector General for Tax 
     Administration;
       (2) any other Inspector General as designated by the 
     President from any agency that expends or obligates covered 
     funds; and
       (3) the Special Inspector General established by title V of 
     this division.

     SEC. 304. FUNCTIONS OF THE BOARD.

       (a) Functions.--
       (1) In general.--The Board shall coordinate and conduct 
     oversight of covered funds in order to prevent fraud, waste, 
     and abuse.
       (2) Specific functions.--The functions of the Board shall 
     include--
       (A) reviewing whether the reporting of contracts and grants 
     using covered funds meets applicable standards and specifies 
     the purpose of the contract or grant and measures of 
     performance;
       (B) reviewing whether competition requirements applicable 
     to contracts and grants using covered funds have been 
     satisfied;
       (C) auditing and investigating covered funds to determine 
     whether wasteful spending, poor contract or grant management, 
     or other abuses are occurring;
       (D) reviewing whether there are sufficient qualified 
     acquisition and grant personnel overseeing covered funds;
       (E) reviewing whether personnel whose duties involve 
     acquisitions or grants made with covered funds receive 
     adequate training; and
       (F) reviewing whether there are appropriate mechanisms for 
     interagency collaboration relating to covered funds.
       (b) Reports.--
       (1) Quarterly reports.--The Board shall submit quarterly 
     reports to the President and Congress, including the 
     Oversight Panel and the Committees on Appropriations of the 
     Senate and House of Representatives, summarizing the findings 
     of the Board and the findings of inspectors general of 
     agencies. The Board may submit additional reports as 
     appropriate.
       (2) Annual reports.--The Board shall submit annual reports 
     to the Oversight Panel, the President, and the Committees on 
     Appropriations of the Senate and House of Representatives, 
     consolidating applicable quarterly reports on the use of 
     covered funds.
       (3) Public availability.--
       (A) In general.--All reports submitted under this 
     subsection shall be made publicly available and posted on a 
     website established by the Board.
       (B) Redactions.--Any portion of a report submitted under 
     this subsection may be redacted when made publicly available, 
     if that portion would disclose information that is not 
     subject to disclosure under section 552 of title 5, United 
     States Code (commonly known as the Freedom of Information 
     Act).
       (c) Recommendations.--
       (1) In general.--The Board shall make recommendations to 
     agencies on measures to prevent fraud, waste, and abuse 
     relating to covered funds.
       (2) Responsive reports.--Not later than 30 days after 
     receipt of a recommendation under paragraph (1), an agency 
     shall submit a report to the President, the congressional 
     committees of jurisdiction, including the Committees on 
     Appropriations of the Senate and House of Representatives, 
     and the Board on--
       (A) whether the agency agrees or disagrees with the 
     recommendations; and
       (B) any actions the agency will take to implement the 
     recommendations.

     SEC. 305. POWERS OF THE BOARD.

       (a) In General.--The Board shall conduct, supervise, and 
     coordinate audits and investigations by inspectors general of 
     agencies relating to covered funds.
       (b) Audits and Investigations.--The Board may--
       (1) conduct its own independent audits and investigations 
     relating to covered funds; and
       (2) collaborate on audits and investigations relating to 
     covered funds with any inspector general of an agency.
       (c) Authorities.--
       (1) Audits and investigations.--In conducting audits and 
     investigations, the Board shall have the authorities provided 
     under section 6 of the Inspector General Act of 1978 (5 
     U.S.C. App.).
       (2) Standards and guidelines.--The Board shall carry out 
     the powers under subsections (a) and (b) in accordance with 
     section 4(b)(1) of the Inspector General Act of 1978 (5 
     U.S.C. App.).
       (d) Public Hearings.--The Board may hold public hearings 
     and Board personnel may conduct investigative depositions. 
     The head of each agency shall make all officers and employees 
     of that agency available to provide testimony to the Board 
     and Board personnel. The Board may issue subpoenas to compel 
     the testimony of persons who are not Federal officers or 
     employees. Any such subpoenas may be enforced as provided 
     under section 6 of the Inspector General Act of 1978 (5 
     U.S.C. App.).
       (e) Contracts.--The Board may enter into contracts to 
     enable the Board to discharge its duties under this subtitle, 
     including contracts and other arrangements for audits, 
     studies, analyses, and other services with public agencies 
     and with private persons, and make such payments as may be 
     necessary to carry out the duties of the Board.
       (f) Transfer of Funds.--The Board may transfer funds 
     appropriated to the Board for expenses to support 
     administrative support services and audits or investigations 
     of covered funds to any office of inspector general, the 
     Office of Management and Budget, the General Services 
     Administration, and the Panel.

     SEC. 306. EMPLOYMENT, PERSONNEL, AND RELATED AUTHORITIES.

       (a) Employment and Personnel Authorities.--

[[Page 3008]]

       (1) In general.--
       (A) Authorities.--Subject to paragraph (2), the Board may 
     exercise the authorities of subsections (b) through (i) of 
     section 3161 of title 5, United States Code (without regard 
     to subsection (a) of that section).
       (B) Application.--For purposes of exercising the 
     authorities described under subparagraph (A), the term 
     ``Chairperson of the Board'' shall be substituted for the 
     term ``head of a temporary organization''.
       (C) Consultation.--In exercising the authorities described 
     under subparagraph (A), the Chairperson shall consult with 
     members of the Board.
       (2) Employment authorities.--In exercising the employment 
     authorities under subsection (b) of section 3161 of title 5, 
     United States Code, as provided under paragraph (1) of this 
     subsection--
       (A) paragraph (2) of subsection (b) of section 3161 of that 
     title (relating to periods of appointments) shall not apply; 
     and
       (B) no period of appointment may exceed the date on which 
     the Board terminates under section 321.
       (b) Information and Assistance.--
       (1) In general.--Upon request of the Board for information 
     or assistance from any agency or other entity of the Federal 
     Government, the head of such entity shall, insofar as is 
     practicable and not in contravention of any existing law, 
     furnish such information or assistance to the Board, or an 
     authorized designee.
       (2) Report of refusals.--Whenever information or assistance 
     requested by the Board is, in the judgment of the Board, 
     unreasonably refused or not provided, the Board shall report 
     the circumstances to the congressional committees of 
     jurisdiction, including the Committees on Appropriations of 
     the Senate and House of Representatives, without delay, and 
     to the Special Inspector General established by this 
     division.
       (c) Administrative Support.--The General Services 
     Administration shall provide the Board with administrative 
     support services, including the provision of office space and 
     facilities.

     SEC. 307. INDEPENDENCE OF INSPECTORS GENERAL.

       (a) Independent Authority.--Nothing in this subtitle shall 
     affect the independent authority of an inspector general to 
     determine whether to conduct an audit or investigation of 
     covered funds.
       (b) Requests by Board.--If the Board requests that an 
     inspector general conduct or refrain from conducting an audit 
     or investigation and the inspector general rejects the 
     request in whole or in part, the inspector general shall, not 
     later than 30 days after rejecting the request, submit a 
     report to the Board, the head of the applicable agency, and 
     the congressional committees of jurisdiction, including the 
     Committees on Appropriations of the Senate and House of 
     Representatives. The report shall state the reasons that the 
     inspector general has rejected the request in whole or in 
     part.

     SEC. 308. COORDINATION WITH THE COMPTROLLER GENERAL AND STATE 
                   AUDITORS.

       The Board shall coordinate its oversight activities with 
     the Special Inspector General established by this division 
     and the Comptroller General of the United States and State 
     auditor generals.

     SEC. 309. PROTECTING STATE AND LOCAL GOVERNMENT AND 
                   CONTRACTOR WHISTLEBLOWERS.

       (a) Prohibition of Reprisals.--An employee of any non-
     Federal employer receiving covered funds may not be 
     discharged, demoted, or otherwise discriminated against as a 
     reprisal for disclosing to the Board, an inspector general, 
     the Special Inspector General established by this division, 
     the Comptroller General, a member of Congress, or a the head 
     of a Federal agency, or their representatives, information 
     that the employee reasonably believes is evidence of--
       (1) gross mismanagement of an agency contract or grant 
     relating to covered funds;
       (2) a gross waste of covered funds;
       (3) a substantial and specific danger to public health or 
     safety; or
       (4) a violation of law related to an agency contract 
     (including the competition for or negotiation of a contract) 
     or grant, awarded or issued relating to covered funds.
       (b) Investigation of Complaints.--
       (1) In general.--A person who believes that the person has 
     been subjected to a reprisal prohibited by subsection (a) may 
     submit a complaint to the Special Inspector General 
     established by this division or appropriate inspector 
     general. Unless the inspector general determines that the 
     complaint is frivolous, the inspector general shall 
     investigate the complaint and, upon completion of such 
     investigation, submit a report of the findings of the 
     investigation to the person, the person's employer, the head 
     of the appropriate agency, the Board, and the Special 
     Inspector General established by this division.
       (2) Time limitations for actions.--
       (A) In general.--Except as provided under subparagraph (B), 
     the inspector general shall make a determination that a 
     complaint is frivolous or submit a report under paragraph (1) 
     within 180 days after receiving the complaint.
       (B) Extension.--If the inspector general is unable to 
     complete an investigation in time to submit a report within 
     the 180-day period specified under subparagraph (A) and the 
     person submitting the complaint agrees to an extension of 
     time, the inspector general shall submit a report under 
     paragraph (1) within such additional period of time as shall 
     be agreed upon between the inspector general and the person 
     submitting the complaint.
       (c) Remedy and Enforcement Authority.--
       (1) Agency action.--Not later than 30 days after receiving 
     an inspector general report under subsection (b), the head of 
     the agency concerned or the Special Inspector General 
     established by this division shall determine whether there is 
     sufficient basis to conclude that the non-Federal employer 
     has subjected the complainant to a reprisal prohibited by 
     subsection (a) and shall either issue an order denying relief 
     or shall take 1 or more of the following actions:
       (A) Order the employer to take affirmative action to abate 
     the reprisal.
       (B) Order the employer to reinstate the person to the 
     position that the person held before the reprisal, together 
     with the compensation (including back pay), employment 
     benefits, and other terms and conditions of employment that 
     would apply to the person in that position if the reprisal 
     had not been taken.
       (C) Order the employer to pay the complainant an amount 
     equal to the aggregate amount of all costs and expenses 
     (including attorneys' fees and expert witnesses' fees) that 
     were reasonably incurred by the complainant for, or in 
     connection with, bringing the complaint regarding the 
     reprisal, as determined by the head of the agency.
       (2) Civil action.--If the head of an agency issues an order 
     denying relief under paragraph (1) or has not issued an order 
     within 210 days after the submission of a complaint under 
     subsection (b), or in the case of an extension of time under 
     subsection (b)(2)(B), not later than 30 days after the 
     expiration of the extension of time, and there is no showing 
     that such delay is due to the bad faith of the complainant, 
     the complainant shall be deemed to have exhausted all 
     administrative remedies with respect to the complaint, and 
     the complainant may bring a de novo action at law or equity 
     against the employer to seek compensatory damages and other 
     relief available under this section in the appropriate 
     district court of the United States, which shall have 
     jurisdiction over such an action without regard to the amount 
     in controversy. Such an action shall, at the request of 
     either party to the action, be tried by the court with a 
     jury.
       (3) Evidence.--An inspector general determination and an 
     agency head order denying relief under paragraph (2) shall be 
     admissible in evidence in any de novo action at law or equity 
     brought in accordance with this subsection.
       (4) Judicial enforcement of order.--Whenever a person fails 
     to comply with an order issued under paragraph (1), the head 
     of the agency shall file an action for enforcement of such 
     order in the United States district court for a district in 
     which the reprisal was found to have occurred. In any action 
     brought under this paragraph, the court may grant appropriate 
     relief, including injunctive relief and compensatory and 
     exemplary damages.
       (5) Judicial review.--Any person adversely affected or 
     aggrieved by an order issued under paragraph (1) may obtain 
     review of the order's conformance with this subsection, and 
     any regulations issued to carry out this section, in the 
     United States court of appeals for a circuit in which the 
     reprisal is alleged in the order to have occurred. No 
     petition seeking such review may be filed more than 60 days 
     after issuance of the order by the head of the agency. Review 
     shall conform to chapter 7 of title 5, United States Code.
       (d) Rule of Construction.--Nothing in this section may be 
     construed to authorize the discharge of, demotion of, or 
     discrimination against an employee for a disclosure other 
     than a disclosure protected by subsection (a) or to modify or 
     derogate from a right or remedy otherwise available to the 
     employee.

     SEC. 310. BOARD WEBSITE.

       (a) Establishment.--The Board shall establish and maintain 
     a user-friendly, public-facing website to foster greater 
     accountability and transparency in the use of covered funds.
       (b) Purpose.--The website established and maintained under 
     subsection (a) shall be a portal or gateway to key 
     information relating to this Act and provide connections to 
     other Government websites with related information.
       (c) Content and Function.--In establishing the website 
     established and maintained under subsection (a), the Board 
     shall ensure the following:
       (1) The website shall provide materials explaining what 
     this Act means for citizens. The materials shall be easy to 
     understand and regularly updated.
       (2) The website shall provide accountability information, 
     including a database of findings from audits, inspectors 
     general, and the Government Accountability Office.
       (3) The website shall provide data on relevant economic, 
     financial, grant, and contract information in user-friendly 
     visual

[[Page 3009]]

     presentations to enhance public awareness of the use of 
     covered funds.
       (4) The website shall provide detailed data on contracts 
     awarded by the Government that expend covered funds, 
     including information about the competitiveness of the 
     contracting process, notification of solicitations for 
     contracts to be awarded, and information about the process 
     that was used for the award of contracts.
       (5) The website shall include printable reports on covered 
     funds obligated by month to each State and congressional 
     district.
       (6) The website shall provide a means for the public to 
     give feedback on the performance of contracts that expend 
     covered funds.
       (7) The website shall be enhanced and updated as necessary 
     to carry out the purposes of this subtitle.
       (d) Waiver.--The Board may exclude posting contractual or 
     other information on the website on a case-by-case basis when 
     necessary to protect national security.

     SEC. 311. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as 
     necessary to carry out this title.

     SEC. 312. TERMINATION OF THE BOARD.

       The Board shall terminate on September 30, 2012.

             TITLE IV--RECOVERY INDEPENDENT ADVISORY PANEL

     SEC. 401. ESTABLISHMENT OF RECOVERY INDEPENDENT ADVISORY 
                   PANEL.

       (a) Establishment.--There is established the Recovery 
     Independent Advisory Panel.
       (b) Membership.--The Panel shall be composed of 5 members 
     who shall be appointed by the President.
       (c) Qualifications.--Members shall be appointed on the 
     basis of expertise in economics, public finance, contracting, 
     accounting, or any other relevant field.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Panel have been appointed, the 
     Panel shall hold its first meeting.
       (e) Meetings.--The Panel shall meet at the call of the 
     Chairperson of the Panel.
       (f) Quorum.--A majority of the members of the Panel shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (g) Chairperson and Vice Chairperson.--The Panel shall 
     select a Chairperson and Vice Chairperson from among its 
     members.

     SEC. 402. DUTIES OF THE PANEL.

       The Advisory Panel shall make recommendations to the 
     Congressional Oversight Panel, the Transparency and 
     Accountability Board, the Special Inspector General, and the 
     Comptroller General on actions they could take to ensure that 
     covered funds accomplish the goals of stimulating the 
     economy, creating and saving jobs, preventing home 
     foreclosures, helping Americans most adversely affected by 
     the economic crisis, and preventing prevent fraud, waste, and 
     abuse relating to covered funds.

     SEC. 403. POWERS OF THE PANEL.

       (a) Hearings.--The Panel may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Panel considers advisable to 
     carry out this subtitle.
       (b) Information From Federal Agencies.--The Panel may 
     secure directly from any agency such information as the Panel 
     considers necessary to carry out this subtitle. Upon request 
     of the Chairperson of the Panel, the head of such agency 
     shall furnish such information to the Panel.
       (c) Postal Services.--The Panel may use the United States 
     mails in the same manner and under the same conditions as 
     agencies of the Federal Government.
       (d) Gifts.--The Panel may accept, use, and dispose of gifts 
     or donations of services or property.

     SEC. 404. PANEL PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Panel who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Panel. All members of the Panel who are officers or 
     employees of the United States shall serve without 
     compensation in addition to that received for their services 
     as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Panel shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Panel.
       (c) Staff.--
       (1) In general.--The Chairperson of the Panel may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Panel to perform 
     its duties. The employment of an executive director shall be 
     subject to confirmation by the Panel.
       (2) Compensation.--The Chairperson of the Panel may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       (3) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Panel who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (B) Members of panel.--Subparagraph (A) shall not be 
     construed to apply to members of the Panel.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Panel without reimbursement, 
     and such detail shall be without interruption or loss of 
     civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Panel may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (f) Administrative Support.--The General Services 
     Administration shall provide the Board with administrative 
     support services, including the provision of office space and 
     facilities.

     SEC. 405. TERMINATION OF THE PANEL.

       The Panel shall terminate on September 30, 2012.

     SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as 
     necessary to carry out this title.

                   TITLE V--SPECIAL INSPECTOR GENERAL

     SEC. 501. SPECIAL INSPECTOR GENERAL.

       (a) Office of Inspector General.--There is hereby 
     established the Office of the Special Inspector General for 
     the Recovery and Reinvestment Funds Program to prevent fraud, 
     waste, and abuse of covered funds under this Act and to 
     determine whether covered funds are achieving their intended 
     purpose.
       (b) President. Appointment of Inspector General; Removal.--
     (1)(A) The head of the Office of the Special Inspector 
     General for Recovery and Reinvestment Programs is the Special 
     Inspector General for Recovery and Reinvestment (in this 
     section referred to as the ``Special Inspector General''), 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate.
       (B) The nomination and appointment of the Special Inspector 
     General shall be made on the basis of the nominee's integrity 
     and demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigations.
       (2) The appointment of the Special Inspector General shall 
     be made on the basis of integrity and demonstrated ability in 
     accounting, auditing, financial analysis, law, management 
     analysis, public administration, or investigations.
       (3) The nomination of an individual as Special Inspector 
     General shall be made as soon as practicable after the 
     implementation of activities and projects under this Act.
       (4) The Special Inspector General shall be removable from 
     office in accordance with the provisions of section 3(b) of 
     the Inspector General Act of 1978 (5 U.S.C. App.).
       (5) For purposes of section 7324 of title 5, United States 
     Code, the Special Inspector General shall not be considered 
     an employee who determines policies to be pursued by the 
     United States in the nationwide administration of Federal 
     law.
       (6) The annual rate of basic pay of the Special Inspector 
     General shall be the annual rate of basic pay for an 
     Inspector General under section 3(e) of the Inspector General 
     Act of 1978 (5 U.S.C. App.).
       (c) Duties.--(1) It shall be the duty of the Special 
     Inspector General to oversee the activities of inspectors 
     general of federal agencies with respect to expenditure of 
     funds under this Act and independently to conduct, supervise, 
     and coordinate audits and investigations of the effectiveness 
     of expenditures of covered funds in stimulating the economy, 
     saving and creating jobs, and achieving the goals of this 
     legislation, including establishment of the highest standards 
     of transparency and accountability related to expenditure of 
     covered funds.
       (2) The Special Inspector General shall establish, 
     maintain, and oversee such systems, procedures, and controls 
     as the Special Inspector General considers appropriate to 
     discharge the duty under paragraph (1).
       (3) In addition to the duties specified in paragraphs (1) 
     and (2), the Inspector General shall also have the duties and 
     responsibilities of inspectors general under the Inspector 
     General Act of 1978.
       (d) Powers and Authorities.--(1) In carrying out the duties 
     specified in subsection (c), the Special Inspector General 
     shall have the authorities provided in section 6 of the 
     Inspector General Act of 1978.
       (2) The Special Inspector General shall carry out the 
     duties specified in subsection

[[Page 3010]]

     (c)(1) in accordance with section 4(b)(1) of the Inspector 
     General Act of 1978.
       (3) The Office of the Special Inspector General for the 
     Recovery and Reinvestment Act shall be treated as an office 
     included under section 6(e)(3) of the Inspector General Act 
     of 1978 (5 U.S.C. App.) relating to the exemption from the 
     initial determination of eligibility by the Attorney General.
       (e) Personnel, Facilities, and Other Resources.--(1) The 
     Special Inspector General may select, appoint, and employ 
     such officers and employees as may be necessary for carrying 
     out the duties of the Special Inspector General, subject to 
     the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title, 
     relating to classification and General Schedule pay rates.
       (2) The Special Inspector General may obtain services as 
     authorized by section 3109 of title 5, United States Code, at 
     daily rates not to exceed the equivalent rate prescribed for 
     grade GS-15 of the General Schedule by section 5332 of such 
     title.
       (3) The Special Inspector General may enter into contracts 
     and other arrangements for audits, studies, analyses, and 
     other services with public agencies and with private persons, 
     and make such payments as may be necessary to carry out the 
     duties of the Inspector General.
       (4)(A) Upon request of the Special Inspector General for 
     information or assistance from any department, agency, or 
     other entity of the Federal Government, the head of such 
     entity shall, insofar as is practicable and not in 
     contravention of any existing law, furnish such information 
     or assistance to the Special Inspector General, or an 
     authorized designee.
       (B) Reports.--Whenever information or assistance requested 
     by the Special Inspector General is, in the judgment of the 
     Special Inspector General, unreasonably refused or not 
     provided, the Special Inspector General shall report the 
     circumstances to the appropriate committees of Congress 
     without delay.
       (f) Reports.--(1) Not later than 60 days after the 
     confirmation of the Special Inspector General, and every 
     calendar quarter thereafter, the Special Inspector General 
     shall submit to the appropriate committees of Congress a 
     report summarizing the activities of the Special Inspector 
     General during the 120-day period ending on the date of such 
     report. Each report shall include, for the period covered by 
     such report, a detailed statement of actions taken by 
     Federal, State, and local agencies in allocating and 
     expending covered funds, the purposes to which these funds 
     are applied, an estimate of the number of jobs created 
     through each allocation of covered funds, an assessment of 
     the effectiveness of this Act and implementing actions in 
     achieving the goals of stimulating the economy, saving and 
     creating jobs, and upholding maximum transparency and 
     accountability, and any other related subjects deemed 
     appropriate by the Special Inspector General.
       (2) Nothing in this subsection shall be construed to 
     authorize the public disclosure of information that is--
       (A) specifically prohibited from disclosure by any other 
     provision of law;
       (B) specifically required by Executive order to be 
     protected from disclosure in the interest of national defense 
     or national security or in the conduct of foreign affairs; or
       (C) a part of an ongoing criminal investigation.
       (3) Any reports required under this section shall also be 
     submitted to the Congressional Oversight Panel established 
     under this division.
       (g) Funding.--(1) Of the amounts made available to the 
     Secretary of the Treasury under this Act, $50,000,000 shall 
     be available to the Special Inspector General to carry out 
     this section.
       (2) The amount available under paragraph (1) shall remain 
     available until expended.

         TITLE VI--REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS

     SEC. 601. REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS.

       (a) In General.--In consultation with the Director of the 
     Office of Management and Budget and the Secretary of the 
     Treasury, the Chairperson of the Council of Economic Advisers 
     shall submit quarterly reports to the Committees on 
     Appropriations of the Senate and House of Representatives 
     that detail the estimated impact of programs funded through 
     covered funds on employment, economic growth, and other key 
     economic indicators.
       (b) Submission.--The first report under subsection (a) 
     shall be submitted not later than 15 days after the end of 
     the first full quarter following the date of enactment of 
     this Act. The last report required to be submitted under 
     subsection (a) shall apply to the quarter in which the Board 
     terminates under section 1521.

                    TITLE VII--OVERSIGHT AND AUDITS

     SEC. 701. OVERSIGHT AND AUDITS.

       (a) Comptroller General Oversight.--
       (1) Scope of oversight.--The Comptroller General of the 
     United States shall not later than after the date of 30 days 
     of enactment of this Act, commence ongoing oversight of the 
     expenditures of covered funds and assessments of their 
     effectiveness in achieving economic recovery and stimulation 
     and assistance to those Americans adversely affected by the 
     economic crisis including--
       (A) the performance of the agencies receiving covered funds 
     and the effect of their expenditures in improving 
     infrastructure and creating jobs in such areas as 
     transportation, public housing, environmental cleanup, public 
     health, energy savings, and education;
       (B) assessments of whether the expenditures under this Act 
     have enhanced economic stability, reduced unemployment, 
     prevented home foreclosures, and ameliorated disruption to 
     the financial markets and the banking system;
       (C) whether the Act has assisted American workers, created 
     jobs, and protected taxpayers;
       (D) the financial condition and internal controls over 
     covered funds devoted to the recovery and reinvestment 
     programs under this Act;
       (E) effectiveness of the internal controls and systems used 
     to achieve transparency and accountability;
       (F) compliance with all applicable laws and regulations 
     under this Act by the Federal and State agencies, their 
     agents, and representatives;
       (G) the efforts of the Federal Government to prevent, 
     identify, and minimize conflicts of interest involving any 
     agent or representative performing activities on behalf of or 
     under the authority of this Act; and
       (H) the incidence, or potential for waste, fraud, and abuse 
     in the expenditure of funds under this Act.
       (2) Conduct and administration of oversight.--
       (A) GAO presence.--Secretaries of Federal Agencies and 
     agents of all recipients of funds under this Act shall 
     provide the Comptroller General with appropriate space and 
     facilities in their offices as necessary to facilitate 
     oversight of the expenditure of Recovery Act funds until the 
     termination date established.
       (B) Access to records.--To the extent otherwise consistent 
     with law, the Comptroller General shall have access, upon 
     request, to any information, data, schedules, books, 
     accounts, financial records, reports, files, electronic 
     communications, or other papers, things, or property 
     belonging to or in use by recipients or oversight agencies of 
     funds under this Act, or any vehicles established by the 
     Secretary under this Act, and to the officers, directors, 
     employees, independent public accountants, financial 
     advisors, and other agents and representatives or any such 
     vehicle at such reasonable time as the Comptroller General 
     may request. The Comptroller General shall be afforded full 
     facilities for verifying transactions and may make and retain 
     copies of such books, accounts, and other records as the 
     Comptroller General deems appropriate.
       (C) Reimbursement of costs.--The Treasury shall reimburse 
     the Government Accountability Office for the full cost of any 
     such oversight activities as billed therefor by the 
     Comptroller General of the United States. Such reimbursements 
     shall be credited to the appropriation account ``Salaries and 
     Expenses, Government Accountability Office'' current when the 
     payment is received and remain available until expended.
       (3) Reporting.--The Comptroller General shall submit 
     reports of findings under this section, regularly and no less 
     frequently than once every 60 days, to the appropriate 
     committees of Congress, and the Special Inspector General for 
     the Recovery and Reinvestment Program established under this 
     Act on the activities and performance under this Act. The 
     Comptroller may also submit special reports under this 
     subsection as warranted by the findings of its oversight 
     activities.
       (b) Comptroller General Audits.--
       (1) Annual audit.--Federal agencies receiving funds under 
     this Act shall annually prepare and issue to the appropriate 
     committees of Congress and the public audited financial 
     statements prepared in accordance with generally accepted 
     accounting principles, and the Comptroller General shall 
     annually audit such statements in accordance with generally 
     accepted auditing standards. The Treasury shall reimburse the 
     Government Accountability Office for the full cost of any 
     such audit as billed therefor by the Comptroller General. 
     Such reimbursements shall be credited to the appropriation 
     account ``Salaries and Expenses, Government Accountability 
     Office'' current when the payment is received and remain 
     available until expended. The financial statements prepared 
     under this paragraph shall be on the fiscal year basis 
     prescribed under section 1102 of title 31, United States 
     Code.
       (2) Authority.--The Comptroller General may audit the 
     programs, activities, receipts, expenditures, and financial 
     transactions under this Act.
       (3) Corrective responses to audit problems.--Federal 
     agencies shall--
       (A) take action to address deficiencies identified by the 
     Comptroller General or other auditor engaged under this Act; 
     or
       (B) certify to appropriate committees of Congress that no 
     action is necessary or appropriate.
       (c) Internal Control.--
       (1) Establishment.--Federal and State agencies receiving 
     funds under this Act shall

[[Page 3011]]

     establish and maintain effective systems of internal control 
     focused on recovery and reinvestment funds under this Act, 
     consistent with the standards prescribed under section 
     3512(c) of title 31, United States Code, that provide 
     reasonable assurance of--
       (A) the effectiveness and efficiency of operations, 
     including the use of the resources under this Act;
       (B) the reliability of financial reporting, including 
     financial statements and other reports for internal and 
     external use; and
       (C) compliance with applicable laws and regulations.
       (2) Reporting.--In conjunction with each annual financial 
     statement issued under this section, federal and state 
     agencies shall--
       (A) state the responsibility of management for establishing 
     and maintaining adequate internal control over financial 
     reporting; and
       (B) state its assessment, as of the end of the most recent 
     year covered by such financial statement covering expenditure 
     of funds under this Act, of the effectiveness of the internal 
     control over financial reporting.
       (d) Reports. Audits. Sharing of Information.--Any report or 
     audit required under this section shall also be submitted to 
     the Congressional Oversight Panel established under this Act.

 TITLE VIII--DISCLOSURE OF LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL 
                                 FUNDS

     SEC. 801. DISCLOSURE OF LOBBYING ON BEHALF OF RECIPIENTS OF 
                   FEDERAL FUNDS.

       The Lobbying Disclosure Act of 1995 is amended by adding 
     after section 5 the following:

     ``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.

       ``(a) In General.--A recipient of Federal funds shall file 
     a report as required by section 5(a) containing--
       ``(1) the name of any lobbyist registered under this Act to 
     whom the recipient paid money to lobby on behalf of the 
     Federal funding received by the recipient; and
       ``(2) the amount of money paid as described in paragraph 
     (1).
       ``(b) Definition.--In this section, the term `recipient of 
     Federal funds' means the recipient of Federal funds 
     constituting an award, grant, or loan.''.

TITLE IX--NATIONAL COMMISSIONS ON SOCIAL SECURITY SOLVENCY AND MEDICARE 
                         AND MEDICAID SOLVENCY

      Subtitle A--National Commission on Social Security Solvency

     SEC. 901. DEFINITIONS.

       In this subtitle:
       (1) Calendar day.--The term ``calendar day'' means a 
     calendar day other than one in which either House is not in 
     session because of an adjournment of more than 3 days to a 
     date certain.
       (2) Commission.--The term ``Commission'' means the National 
     Commission on Social Security Solvency established under 
     section 902(a).
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Social Security.
       (4) Long-term.--The term ``long-term'' means a period of 
     not less than 75 years beginning on the date of enactment of 
     this Act.
       (5) Social security.--The term ``Social Security'' means 
     the program of old-age, survivors, and disability insurance 
     benefits established under title II of the Social Security 
     Act (42 U.S.C. 401 et seq.).
       (6) Social security commission bill.--The term ``Social 
     Security commission bill'' means a bill consisting of the 
     proposed legislative language provisions of the Commission 
     introduced under section 903(a).

     SEC. 902. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Commission on Social Security 
     Solvency''.
       (b) Purpose.--The Commission shall conduct a comprehensive 
     review of the Social Security program for the following 
     purposes:
       (1) Review.--Reviewing analyses of the current and long-
     term actuarial financial condition of the Social Security 
     program.
       (2) Identifying problems.--Identifying problems that may 
     threaten the long-term solvency of the Social Security 
     program.
       (3) Analyzing potential solutions.--Analyzing potential 
     solutions to problems that threaten the long-term solvency of 
     the Social Security program.
       (4) Providing recommendations.--Providing recommendations 
     that will ensure the long-term solvency of the Social 
     Security program and the provision of appropriate benefits.
       (c) Duties.--
       (1) In general.--The Commission shall conduct a 
     comprehensive review of the Social Security program 
     consistent with the purposes described in subsection (b) and 
     shall submit the report required under paragraph (2).
       (2) Report and recommendations.--
       (A) In general.--Not later than 120 days after the date on 
     which the Commission holds its first meeting, the Commission 
     shall submit a report on the long-term solvency of the Social 
     Security program that contains a detailed statement of the 
     findings, conclusions, and recommendations of the Commission 
     to the President, Congress, and the Commissioner.
       (B) Approval of report.--The report of the Commission 
     submitted under subparagraph (A) shall require the approval 
     of not less than 12 members of the Commission.
       (C) Legislative language.--If a recommendation submitted 
     under subparagraph (A) involves legislative action, the 
     report shall include proposed legislative language to carry 
     out such action.
       (d) Appointment of Members.--
       (1) In general.--
       (A) Membership.--The membership of the commission shall not 
     exceed 16 members appointed pursuant to subparagraph (B) as 
     voting members and 3 nonvoting members described in 
     subparagraph (C).
       (B) Voting members.--
       (i) In general.--Voting members of the commission shall be 
     appointed as follows:

       (I) The President shall appoint 2 members, 1 of whom shall 
     be the Secretary of the Treasury.
       (II) The majority leader of the Senate shall appoint 4 
     members.
       (III) The minority leader of the Senate shall appoint 3 
     members.
       (IV) The Speaker of the House of Representatives shall 
     appoint 4 members.
       (V) The minority leader of the House of Representatives 
     shall appoint 3 members.

       (ii) Congressional appointees.--The members of the 
     Commission appointed under subclauses (II), (III), (IV), and 
     (V) of clause (i) shall be Members of Congress.
       (C) Non-voting members.--The following shall be nonvoting 
     members of the Commission and shall advise and assist at the 
     request of the Commission:
       (i) The Chief Actuary of the Social Security 
     Administration.
       (ii) The Director of the Congressional Budget Office.
       (2) Chairperson.--The Secretary of the Treasury shall be 
     the chairperson of the Commission.
       (3) Date.--Members of the Commission shall be appointed by 
     not later than 30 days after the date of enactment of this 
     Act.
       (4) Period of appointment.--Members shall be appointed for 
     the life of the Commission. Any vacancy in the Commission 
     shall not affect its powers, but shall be filled in the same 
     manner as the original appointment.
       (5) Termination.--The Commission shall terminate on the 
     date that is 90 days after the Commission submits the report 
     required under subsection (c)(2).
       (e) Administration.--
       (1) Quorum.--Eight members of the Commission shall 
     constitute a quorum for purposes of voting, but a quorum is 
     not required for members to meet and hold hearings.
       (2) Meetings.--The Commission shall meet at the call of the 
     chairperson or a majority of its members.
       (3) Hearings.--Subject to paragraph (7), the Commission 
     may, for the purpose of carrying out this Act--
       (A) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths the Commission considers advisable;
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses the Commission considers 
     advisable; and
       (C) require, by subpoena or otherwise, the production of 
     such books, records, correspondence, memoranda, papers, 
     documents, tapes, and other evidentiary materials relating to 
     any matter under investigation by the Commission.
       (4) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the chairperson; or
       (II) by the affirmative vote of 8 members of the 
     Commission.

       (ii) Signature.--Subpoenas issued under this subsection may 
     be issued under the signature of the chairperson of the 
     Commission and may be served by any person designated by the 
     chairperson or by a member designated by a majority of the 
     Commission.
       (B) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under this subsection, the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (5) Compensation.--Members of the Commission shall serve 
     without any additional compensation for their work on the 
     Commission. However, members may be allowed travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5, United States Code, while 
     away from their homes or regular places of business in 
     performance of services for the Commission.
       (6) Staff.--
       (A) In general.--With the approval of a majority of the 
     Commission, the chairperson of the Commission may appoint an 
     executive director and such other additional personnel as may 
     be necessary to enable the Commission to perform its duties.
       (B) Actuarial experts and consultants.--With the approval 
     of a majority of the Commission, the Executive Director may

[[Page 3012]]

     procure temporary and intermittent services under section 
     3109(b) of title 5, United States Code.
       (C) Compensation.--Upon the approval of the chairperson, 
     the executive director may fix the compensation of the 
     executive director and other personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the maximum rate payable for a position at GS-15 of the 
     General Schedule under section 5332 of such title.
       (D) Personnel as federal employees.--
       (i) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (ii) Members of commission.--Clause (i) shall not be 
     construed to apply to members of the Commission.
       (E) Federal agencies.--
       (i) Detail of government employees.--Upon the request of 
     the Commission, the head of any Federal agency may detail, 
     without reimbursement by the Commission, any of the personnel 
     of such agency to the Commission to assist in carrying out 
     the duties of the Commission. Any such detail shall not 
     interrupt or otherwise affect the civil service status or 
     privileges of the Federal employee.
       (ii) Technical assistance.--Upon the request of the 
     Commission, the head of a Federal agency shall provide such 
     technical assistance to the Commission as the Commission 
     determines to be necessary to carry out its duties.
       (7) Information.--
       (A) Resources.--The Commission shall have reasonable access 
     to materials, resources, statistical data, and other 
     information the Commission determines to be necessary to 
     carry out its duties from the Library of Congress, the Chief 
     Actuary of the Social Security Administration, the 
     Congressional Budget Office, and other agencies and 
     representatives of the executive and legislative branches of 
     the Federal Government. The chairperson shall make requests 
     for such access in writing when necessary.
       (B) Receipt, handling, storage, and dissemination of 
     information.--Information shall only be received, handled, 
     stored, and disseminated by members of the Commission and its 
     staff consistent with all applicable statutes, regulations, 
     and Executive orders.
       (C) Limitation of access to tax information.--Information 
     requested, subpoenaed, or otherwise accessed under this 
     subtitle shall not include tax data from the United States 
     Internal Revenue Service, the release of which would 
     otherwise be in violation of law.
       (8) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (f) Funding.--The Commission shall receive, from amounts 
     appropriated to the Commissioner for fiscal year 2008 for 
     administrative expenses, such sums as are necessary to carry 
     out the purposes of this section.

     SEC. 903. EXPEDITED CONSIDERATION OF COMMISSION 
                   RECOMMENDATIONS.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--The aggregate legislative language 
     provisions submitted pursuant to section 902(c)(2)(C) shall 
     be combined into a Social Security commission bill to be 
     introduced in the Senate by the majority leader, or the 
     majority leader's designee, and in the House of 
     Representatives, by the Speaker, or the Speaker's designee. 
     Upon such introduction, the Social Security commission bill 
     shall be referred to the appropriate committees of Congress 
     under paragraph (2). If the Social Security commission bill 
     is not introduced in accordance with the preceding sentence, 
     then any member of Congress may introduce the Social Security 
     commission bill in their respective House of Congress 
     beginning on the date that is the 5th calendar day that such 
     House is in session following the date of the submission of 
     such aggregate legislative language provisions.
       (2) Committee consideration.--
       (A) Referral.--A Social Security commission bill introduced 
     in the Senate shall be referred to the Committee on Finance 
     of the Senate. A Social Security commission bill introduced 
     in the House of Representatives shall be referred to the 
     Committee on Ways and Means and the Committee on Energy and 
     Commerce of the House of Representatives.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the Social Security commission bill, each 
     Committee of Congress to which the Social Security commission 
     bill was referred shall report such bill or such bill as 
     amended by the committee. All committee amendments must 
     comply with the requirements of section 902(b)(4).
       (C) Discharge of committee.--If a committee to which is 
     referred a Social Security commission bill has not reported a 
     Social Security commission bill or such bill as amended, at 
     the end of 30 calendar days after its introduction or at the 
     end of the first day after there has been reported to the 
     House involved a Social Security commission bill or such bill 
     as amended, whichever is earlier, such committee shall be 
     deemed to be discharged from further consideration of such 
     Social Security commission bill, and such Social Security 
     commission bill shall be placed on the appropriate calendar 
     of the House involved.
       (b) Expedited Procedure.--
       (1) Consideration.--
       (A) In general.--Not later than 5 days of session after the 
     date on which a committee reports a Social Security 
     commission bill, or such bill as amended, or has been 
     discharged from consideration of a Social Security commission 
     bill, the majority leader of the Senate, or the majority 
     leader's designee, or the Speaker of the House of 
     Representatives, or the Speaker's designee, shall move to 
     proceed to the consideration of the Social Security 
     commission bill or such bill as amended. It shall also be in 
     order for any member of the Senate or the House of 
     Representatives, respectively, to move to proceed to the 
     consideration of the Social Security commission bill at any 
     time after the conclusion of such 5-day period.
       (B) Motion to proceed.--A motion to proceed to the 
     consideration of the Social Security commission bill is 
     highly privileged in the House of Representatives and is 
     privileged in the Senate and is not debatable. The motion is 
     not subject to amendment or to a motion to postpone 
     consideration of the Social Security commission bill. A 
     motion to proceed to the consideration of other business 
     shall not be in order. A motion to reconsider the vote by 
     which the motion to proceed is agreed to or not agreed to 
     shall not be in order. If the motion to proceed is agreed to, 
     the Senate or the House of Representatives, as the case may 
     be, shall immediately proceed to consideration of the Social 
     Security commission bill without intervening motion, order, 
     or other business, and the Social Security commission bill 
     shall remain the unfinished business of the Senate or the 
     House of Representatives, as the case may be, until disposed 
     of.
       (C) In the senate.--
       (i) Consideration.--In the Senate, consideration of the 
     Social Security commission bill and all amendments thereto 
     and on all debatable motions and appeals in connection 
     therewith shall be limited to not more than 50 hours, which 
     shall be divided equally between those favoring and those 
     opposing amendments to the Social Security commission bill or 
     the Social Security commission bill. A motion further to 
     limit debate on the Social Security commission bill is in 
     order and is not debatable. All time used for consideration 
     of the Social Security commission bill, including time used 
     for quorum calls (except quorum calls immediately preceding a 
     vote) and voting, shall be counted against the 50 hours of 
     consideration.
       (ii) Amendments.--No amendment that is not germane to the 
     provisions of committee amendments to the Social Security 
     commission bill or the Social Security commission bill shall 
     be in order in the Senate. All amendments must comply with 
     the requirements of section 902(b)(4). In the Senate, an 
     amendment, any amendment to an amendment, or any debatable 
     motion or appeal is debatable for not to exceed 1 hour, to be 
     divided equally between those favoring and those opposing the 
     amendment, motion, or appeal.
       (iii) Motion to recommit.--

       (I) Vote.--Upon expiration of the time for consideration of 
     the Social Security commission bill, the measure shall be 
     recommitted to the Committee on Finance of the Senate for 
     further consideration unless by a \3/5\ vote of the Members, 
     duly chosen and sworn, the Senate agrees to proceed to final 
     passage.
       (II) Recommital.--If the bill is recommitted under 
     subclause (I), any new amendments to the Social Security 
     commission bill shall be considered under the provisions of 
     section 902(b)(4).

       (iv) Vote on final passage.--In the Senate, immediately 
     following the conclusion of consideration of the Social 
     Security commission bill, the disposition of any pending 
     amendments under clause (ii), a motion to recommit under 
     clause (iii), and a request to establish the presence of a 
     quorum, the vote on final passage of the Social Security 
     commission bill shall occur.
       (v) Other motions not in order.--A motion to postpone or a 
     motion to proceed to the consideration of other business is 
     not in order in the Senate. A motion to reconsider the vote 
     by which the Social Security commission bill is agreed to or 
     not agreed to is not in order in the Senate.
       (2) Conference.--
       (A) Proceeding to conference.--If, after a Social Security 
     commission bill is agreed to in the Senate or House of 
     Representatives, the Social Security commission bill has been 
     amended, the Social Security commission bill shall be deemed 
     to be at a stage of disagreement and motions to proceed to 
     conference are deemed to be agreed to. There shall be no 
     motions to instruct. The Senate and the House of 
     Representatives shall appoint conferees after the vote of the 
     second House that results in such disagreement without any 
     intervening action or debate. In the event that conferees are 
     not appointed in accordance with the preceding sentence, the

[[Page 3013]]

     following shall be deemed to be the duly appointed conferees:
       (i) The majority leader of the Senate or the majority 
     leader's designee.
       (ii) The Speaker of the House of Representatives or the 
     Speaker's designee.
       (iii) The Chairman and Ranking Member of the Senate 
     Committee on the Budget.
       (iv) The Chairman and Ranking Member of the Senate 
     Committee on Finance.
       (v) The Chairman and Ranking Member of the Committee on the 
     Budget of the House of Representatives.
       (vi) The Chairman and Ranking Member of the Committee on 
     Ways and Means of the House of Representatives.
       (vii) The Chairman and Ranking Member of the Committee on 
     Energy and Commerce of the House of Representatives.
       (B) Motion to proceed in the senate.--The motion to proceed 
     to consideration in the Senate of the conference report on 
     the Social Security commission bill may be made even though a 
     previous motion to the same effect has been disagreed to.
       (C) Procedure.--Debate on the conference report on the 
     Social Security commission bill considered under this section 
     shall be limited to 20 hours equally divided between the 
     manager of the conference report and the minority leader, or 
     his designee.
       (D) Final passage.--A vote on final passage of the 
     conference report on the Social Security commission bill 
     shall be taken in the Senate and the House of Representatives 
     on or before the close of the 10th day of session of that 
     House after the date the conference report is submitted in 
     that House. If the conference report is passed, the Secretary 
     of the Senate or the Clerk of the House of Representatives, 
     as the case may be, shall cause the conference report to be 
     transmitted to the other House before the close of the next 
     day of session of that House.
       (E) Action of senate.--
       (i) In general.--If the Senate has received from the House 
     the conference report on the Social Security commission bill 
     prior to the vote required under subparagraph (D), then the 
     Senate shall consider, and the vote under subparagraph (D) 
     shall occur on, the House conference report or the version of 
     the Social Security commission bill passed by the House.
       (ii) Motion to recommit.--

       (I) Vote.--Upon expiration of the time for consideration, 
     the conference report on the Social Security commission bill 
     shall be recommitted to the Committee of Conference for 
     further consideration unless by a \3/5\ vote of the Senate, 
     duly chosen and sworn, the Senate agrees to proceed to final 
     passage.
       (II) Recommital.--If the conference report is recommitted 
     under subclause (I), the conference report accompanying the 
     bill shall be recommitted to the Conference Committee or it 
     shall be in order to immediately proceed without intervening 
     action to consideration of the motions for a new conference.

       (F) Conference report defeated.--Should the conference 
     report be defeated, the provisions of this subsection shall 
     apply to any request for a new conference and the appointment 
     of conferees.
       (3) No suspension.--No motion to suspend the application of 
     this subsection shall be in order in the Senate or in the 
     House of Representatives, nor shall it be in order in the 
     House of Representatives to suspend the application of this 
     subsection by unanimous consent.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a Social Security commission 
     bill, and it supersedes other rules only to the extent that 
     it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

   Subtitle B--National Commission on Medicare and Medicaid Solvency

     SEC. 911. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Centers for Medicare & Medicaid 
     Services.
       (2) Calendar day.--The term ``calendar day'' means a 
     calendar day other than one in which either House is not in 
     session because of an adjournment of more than 3 days to a 
     date certain.
       (3) Commission.--The term ``Commission'' means the National 
     Commission on Medicare and Medicaid solvency established 
     under section 912(a).
       (4) Long-term.--The term ``long-term'' means a period of 
     not less than 75 years beginning on the date of enactment of 
     this Act.
       (5) Medicaid.--The term ``Medicaid'' means the program 
     established under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).
       (6) Medicare.--The term ``Medicare'' means the program 
     established under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.).
       (7) Medicare and medicaid commission bill.--The term 
     ``Medicare and Medicaid commission bill'' means a bill 
     consisting of the proposed legislative language provisions of 
     the Commission introduced under section 913(a).

     SEC. 912. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Commission on Medicare and Medicaid 
     Solvency''.
       (b) Purpose.--The Commission shall conduct a comprehensive 
     review of the Medicare and Medicaid programs for the 
     following purposes:
       (1) Review.--Reviewing analyses of the current and long-
     term actuarial financial condition of the Medicare and 
     Medicaid programs.
       (2) Identifying problems.--Identifying problems that may 
     threaten the long-term solvency of the Medicare and Medicaid 
     programs.
       (3) Analyzing potential solutions.--Analyzing potential 
     solutions to problems that threaten the long-term solvency of 
     the Medicare and Medicaid programs.
       (4) Providing recommendations.--Providing recommendations 
     that will ensure the long-term solvency of the Medicare and 
     Medicaid programs and the provision of appropriate benefits.
       (c) Duties.--
       (1) In general.--The Commission shall conduct a 
     comprehensive review of the Medicare and Medicaid programs 
     consistent with the purposes described in subsection (b) and 
     shall submit the report required under paragraph (2).
       (2) Report and recommendations.--
       (A) In general.--Not later than 120 days after the date on 
     which the Commission holds its first meeting, the Commission 
     shall submit a report on the long-term solvency of the 
     Medicare and Medicaid programs that contains a detailed 
     statement of the findings, conclusions, and recommendations 
     of the Commission to the President, Congress, and the 
     Administrator.
       (B) Approval of report.--The report of the Commission 
     submitted under subparagraph (A) shall require the approval 
     of not less than 12 members of the Commission.
       (C) Legislative language.--If a recommendation submitted 
     under subparagraph (A) involves legislative action, the 
     report shall include proposed legislative language to carry 
     out such action.
       (d) Appointment of Members.--
       (1) In general.--
       (A) Membership.--The membership of the commission shall not 
     exceed 16 members appointed pursuant to subparagraph (B) as 
     voting members and 3 nonvoting members described in 
     subparagraph (C).
       (B) Voting members.--
       (i) In general.--Voting members of the commission shall be 
     appointed as follows:

       (I) The President shall appoint 2 members, 1 of whom shall 
     be the Secretary of the Treasury.
       (II) The majority leader of the Senate shall appoint 4 
     members.
       (III) The minority leader of the Senate shall appoint 3 
     members.
       (IV) The Speaker of the House of Representatives shall 
     appoint 4 members.
       (V) The minority leader of the House of Representatives 
     shall appoint 3 members.

       (ii) Congressional appointees.--The members of the 
     Commission appointed under subclauses (II), (III), (IV), and 
     (V) of clause (i) shall be Members of Congress.
       (C) Non-voting members.--The following shall be nonvoting 
     members of the Commission and shall advise and assist at the 
     request of the Commission:
       (i) The Chief Actuary of the Centers for Medicare & 
     Medicaid Services.
       (ii) The Director of the Congressional Budget Office.
       (2) Chairperson.--The Secretary of the Treasury shall be 
     the chairperson of the Commission.
       (3) Date.--Members of the Commission shall be appointed by 
     not later than 30 days after the date of enactment of this 
     Act.
       (4) Period of appointment.--Members shall be appointed for 
     the life of the Commission. Any vacancy in the Commission 
     shall not affect its powers, but shall be filled in the same 
     manner as the original appointment.
       (5) Termination.--The Commission shall terminate on the 
     date that is 90 days after the Commission submits the report 
     required under subsection (c)(2).
       (e) Administration.--
       (1) Quorum.--Eight members of the Commission shall 
     constitute a quorum for purposes of voting, but a quorum is 
     not required for members to meet and hold hearings.
       (2) Meetings.--The Commission shall meet at the call of the 
     chairperson or a majority of its members.
       (3) Hearings.--Subject to paragraph (7), the Commission 
     may, for the purpose of carrying out this Act--
       (A) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths the Commission considers advisable;
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses the Commission considers 
     advisable; and

[[Page 3014]]

       (C) require, by subpoena or otherwise, the production of 
     such books, records, correspondence, memoranda, papers, 
     documents, tapes, and other evidentiary materials relating to 
     any matter under investigation by the Commission.
       (4) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the chairperson; or
       (II) by the affirmative vote of 8 members of the 
     Commission.

       (ii) Signature.--Subpoenas issued under this subsection may 
     be issued under the signature of the chairperson of the 
     Commission and may be served by any person designated by the 
     chairperson or by a member designated by a majority of the 
     Commission.
       (B) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under this subsection, the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (5) Compensation.--Members of the Commission shall serve 
     without any additional compensation for their work on the 
     Commission. However, members may be allowed travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5, United States Code, while 
     away from their homes or regular places of business in 
     performance of services for the Commission.
       (6) Staff.--
       (A) In general.--With the approval of a majority of the 
     Commission, the chairperson of the Commission may appoint an 
     executive director and such other additional personnel as may 
     be necessary to enable the Commission to perform its duties.
       (B) Actuarial experts and consultants.--With the approval 
     of a majority of the Commission, the Executive Director may 
     procure temporary and intermittent services under section 
     3109(b) of title 5, United States Code.
       (C) Compensation.--Upon the approval of the chairperson, 
     the executive director may fix the compensation of the 
     executive director and other personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the maximum rate payable for a position at GS-15 of the 
     General Schedule under section 5332 of such title.
       (D) Personnel as federal employees.--
       (i) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (ii) Members of commission.--Clause (i) shall not be 
     construed to apply to members of the Commission.
       (E) Federal agencies.--
       (i) Detail of government employees.--Upon the request of 
     the Commission, the head of any Federal agency may detail, 
     without reimbursement by the Commission, any of the personnel 
     of such agency to the Commission to assist in carrying out 
     the duties of the Commission. Any such detail shall not 
     interrupt or otherwise affect the civil service status or 
     privileges of the Federal employee.
       (ii) Technical assistance.--Upon the request of the 
     Commission, the head of a Federal agency shall provide such 
     technical assistance to the Commission as the Commission 
     determines to be necessary to carry out its duties.
       (7) Information.--
       (A) Resources.--The Commission shall have reasonable access 
     to materials, resources, statistical data, and other 
     information the Commission determines to be necessary to 
     carry out its duties from the Library of Congress, the Chief 
     Actuary of the Centers for Medicare & Medicaid Services, the 
     Congressional Budget Office, and other agencies and 
     representatives of the executive and legislative branches of 
     the Federal Government. The chairperson shall make requests 
     for such access in writing when necessary.
       (B) Receipt, handling, storage, and dissemination of 
     information.--Information shall only be received, handled, 
     stored, and disseminated by members of the Commission and its 
     staff consistent with all applicable statutes, regulations, 
     and Executive orders.
       (C) Limitation of access to tax information.--Information 
     requested, subpoenaed, or otherwise accessed under this 
     subtitle shall not include tax data from the United States 
     Internal Revenue Service, the release of which would 
     otherwise be in violation of law.
       (8) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (f) Funding.--The Commission shall receive, from amounts 
     appropriated to the Administrator for fiscal year 2008 for 
     administrative expenses, such sums as are necessary to carry 
     out the purposes of this section.

     SEC. 913. EXPEDITED CONSIDERATION OF COMMISSION 
                   RECOMMENDATIONS.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--The aggregate legislative language 
     provisions submitted pursuant to section 912(c)(2)(C) shall 
     be combined into a Medicare and Medicaid commission bill to 
     be introduced in the Senate by the majority leader, or the 
     majority leader's designee, and in the House of 
     Representatives, by the Speaker, or the Speaker's designee. 
     Upon such introduction, the Medicare and Medicaid commission 
     bill shall be referred to the appropriate committees of 
     Congress under paragraph (2). If the Medicare and Medicaid 
     commission bill is not introduced in accordance with the 
     preceding sentence, then any member of Congress may introduce 
     the Medicare and Medicaid commission bill in their respective 
     House of Congress beginning on the date that is the 5th 
     calendar day that such House is in session following the date 
     of the submission of such aggregate legislative language 
     provisions.
       (2) Committee consideration.--
       (A) Referral.--A Medicare and Medicaid commission bill 
     introduced in the Senate shall be referred to the Committee 
     on Finance of the Senate. A Medicare and Medicaid commission 
     bill introduced in the House of Representatives shall be 
     referred to the Committee on Ways and Means and the Committee 
     on Energy and Commerce of the House of Representatives.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the Medicare and Medicaid commission bill, 
     each Committee of Congress to which the Medicare and Medicaid 
     commission bill was referred shall report such bill or such 
     bill as amended by the committee. All committee amendments 
     must comply with the requirements of section 912(b)(4).
       (C) Discharge of committee.--If a committee to which is 
     referred a Medicare and Medicaid commission bill has not 
     reported a Medicare and Medicaid commission bill or such bill 
     as amended, at the end of 30 calendar days after its 
     introduction or at the end of the first day after there has 
     been reported to the House involved a Medicare and Medicaid 
     commission bill or such bill as amended, whichever is 
     earlier, such committee shall be deemed to be discharged from 
     further consideration of such Medicare and Medicaid 
     commission bill, and such Medicare and Medicaid commission 
     bill shall be placed on the appropriate calendar of the House 
     involved.
       (b) Expedited Procedure.--
       (1) Consideration.--
       (A) In general.--Not later than 5 days of session after the 
     date on which a committee reports a Medicare and Medicaid 
     commission bill, or such bill as amended, or has been 
     discharged from consideration of a Medicare and Medicaid 
     commission bill, the majority leader of the Senate, or the 
     majority leader's designee, or the Speaker of the House of 
     Representatives, or the Speaker's designee, shall move to 
     proceed to the consideration of the Medicare and Medicaid 
     commission bill or such bill as amended. It shall also be in 
     order for any member of the Senate or the House of 
     Representatives, respectively, to move to proceed to the 
     consideration of the Medicare and Medicaid commission bill at 
     any time after the conclusion of such 5-day period.
       (B) Motion to proceed.--A motion to proceed to the 
     consideration of the Medicare and Medicaid commission bill is 
     highly privileged in the House of Representatives and is 
     privileged in the Senate and is not debatable. The motion is 
     not subject to amendment or to a motion to postpone 
     consideration of the Medicare and Medicaid commission bill. A 
     motion to proceed to the consideration of other business 
     shall not be in order. A motion to reconsider the vote by 
     which the motion to proceed is agreed to or not agreed to 
     shall not be in order. If the motion to proceed is agreed to, 
     the Senate or the House of Representatives, as the case may 
     be, shall immediately proceed to consideration of the 
     Medicare and Medicaid commission bill without intervening 
     motion, order, or other business, and the Medicare and 
     Medicaid commission bill shall remain the unfinished business 
     of the Senate or the House of Representatives, as the case 
     may be, until disposed of.
       (C) In the senate.--
       (i) Consideration.--In the Senate, consideration of the 
     Medicare and Medicaid commission bill and all amendments 
     thereto and on all debatable motions and appeals in 
     connection therewith shall be limited to not more than 50 
     hours, which shall be divided equally between those favoring 
     and those opposing amendments to the Medicare and Medicaid 
     commission bill or the Medicare and Medicaid commission bill. 
     A motion further to limit debate on the Medicare and Medicaid 
     commission bill is in order and is not debatable. All time 
     used for consideration of the Medicare and Medicaid 
     commission bill, including time used for quorum calls (except 
     quorum calls immediately preceding a vote) and voting, shall 
     be counted against the 50 hours of consideration.
       (ii) Amendments.--No amendment that is not germane to the 
     provisions of committee amendments to the Medicare and 
     Medicaid commission bill or the Medicare and Medicaid 
     commission bill shall be in order in the

[[Page 3015]]

     Senate. All amendments must comply with the requirements of 
     section 912(b)(4). In the Senate, an amendment, any amendment 
     to an amendment, or any debatable motion or appeal is 
     debatable for not to exceed 1 hour, to be divided equally 
     between those favoring and those opposing the amendment, 
     motion, or appeal.
       (iii) Motion to recommit.--

       (I) Vote.--Upon expiration of the time for consideration of 
     the Medicare and Medicaid commission bill, the measure shall 
     be recommitted to the Committee on Finance of the Senate for 
     further consideration unless by a \3/5\ vote of the Members, 
     duly chosen and sworn, the Senate agrees to proceed to final 
     passage.
       (II) Recommital.--If the bill is recommitted under 
     subclause (I), any new amendments to the Medicare and 
     Medicaid commission bill shall be considered under the 
     provisions of section 912(b)(4).

       (iv) Vote on final passage.--In the Senate, immediately 
     following the conclusion of consideration of the Medicare and 
     Medicaid commission bill, the disposition of any pending 
     amendments under clause (ii), a motion to recommit under 
     clause (iii), and a request to establish the presence of a 
     quorum, the vote on final passage of the Medicare and 
     Medicaid commission bill shall occur.
       (v) Other motions not in order.--A motion to postpone or a 
     motion to proceed to the consideration of other business is 
     not in order in the Senate. A motion to reconsider the vote 
     by which the Medicare and Medicaid commission bill is agreed 
     to or not agreed to is not in order in the Senate.
       (2) Conference.--
       (A) Proceeding to conference.--If, after a Medicare and 
     Medicaid commission bill is agreed to in the Senate or House 
     of Representatives, the Medicare and Medicaid commission bill 
     has been amended, the Medicare and Medicaid commission bill 
     shall be deemed to be at a stage of disagreement and motions 
     to proceed to conference are deemed to be agreed to. There 
     shall be no motions to instruct. The Senate and the House of 
     Representatives shall appoint conferees after the vote of the 
     second House that results in such disagreement without any 
     intervening action or debate. In the event that conferees are 
     not appointed in accordance with the preceding sentence, the 
     following shall be deemed to be the duly appointed conferees:
       (i) The majority leader of the Senate or the majority 
     leader's designee.
       (ii) The Speaker of the House of Representatives or the 
     Speaker's designee
       (iii) The Chairman and Ranking Member of the Senate 
     Committee on the Budget.
       (iv) The Chairman and Ranking Member of the Senate 
     Committee on Finance.
       (v) The Chairman and Ranking Member of the Committee on the 
     Budget of the House of Representatives.
       (vi) The Chairman and Ranking Member of the Committee on 
     Ways and Means of the House of Representatives.
       (vii) The Chairman and Ranking Member of the Committee on 
     Energy and Commerce of the House of Representatives.
       (B) Motion to proceed in the senate.--The motion to proceed 
     to consideration in the Senate of the conference report on 
     the Medicare and Medicaid commission bill may be made even 
     though a previous motion to the same effect has been 
     disagreed to.
       (C) Procedure.--Debate on the conference report on the 
     Medicare and Medicaid commission bill considered under this 
     section shall be limited to 20 hours equally divided between 
     the manager of the conference report and the minority leader, 
     or his designee.
       (D) Final passage.--A vote on final passage of the 
     conference report on the Medicare and Medicaid commission 
     bill shall be taken in the Senate and the House of 
     Representatives on or before the close of the 10th day of 
     session of that House after the date the conference report is 
     submitted in that House. If the conference report is passed, 
     the Secretary of the Senate or the Clerk of the House of 
     Representatives, as the case may be, shall cause the 
     conference report to be transmitted to the other House before 
     the close of the next day of session of that House.
       (E) Action of senate.--
       (i) In general.--If the Senate has received from the House 
     the conference report on the Medicare and Medicaid commission 
     bill prior to the vote required under subparagraph (D), then 
     the Senate shall consider, and the vote under subparagraph 
     (D) shall occur on, the House conference report or the 
     version of the Medicare and Medicaid commission bill passed 
     by the House.
       (ii) Motion to recommit.--

       (I) Vote.--Upon expiration of the time for consideration, 
     the conference report on the Medicare and Medicaid commission 
     bill shall be recommitted to the Committee of Conference for 
     further consideration unless by a \3/5\ vote of the Senate, 
     duly chosen and sworn, the Senate agrees to proceed to final 
     passage.
       (II) Recommital.--If the conference report is recommitted 
     under subclause (I), the conference report accompanying the 
     bill shall be recommitted to the Conference Committee or it 
     shall be in order to immediately proceed without intervening 
     action to consideration of the motions for a new conference.

       (F) Conference report defeated.--Should the conference 
     report be defeated, the provisions of this subsection shall 
     apply to any request for a new conference and the appointment 
     of conferees.
       (3) No suspension.--No motion to suspend the application of 
     this subsection shall be in order in the Senate or in the 
     House of Representatives, nor shall it be in order in the 
     House of Representatives to suspend the application of this 
     subsection by unanimous consent.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a Medicare and Medicaid 
     commission bill, and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

                    TITLE X--ENFORCEMENT PROVISIONS

     SEC. 1000. REDUCING SPENDING UPON ECONOMIC GROWTH TO RELIEVE 
                   FUTURE GENERATIONS' DEBT OBLIGATIONS.

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

     SEC. 1000A. TERMINATION OF PROGRAMS.

       Any program established by this Act shall terminate at the 
     end of fiscal year 2012. Amounts made available by this Act 
     for such a program that remain unobligated after September 
     30, 2012 are rescinded.

                       DIVISION B--APPROPRIATIONS

                            TITLE I--MILCON

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $481,000,000, to remain available until September 30, 
     2012, for acquisition, construction, installation, and 
     equipment of permanent public works, military installations, 
     facilities, and real property for the Army: Provided, That 
     notwithstanding any other provision of law, such funds may be 
     obligated and expended to carry out military construction 
     projects for warrior transition complexes at locations 
     authorized by

[[Page 3016]]

     section 2911 of the Military Construction Authorization Act 
     for Fiscal Year 2009 (division B of Public Law 110-417; 122 
     Stat. 4750), as amended by section 1000.

    Modification of Authority to Carry Out Certain Fiscal Year 2009 
                                Projects

       Sec. 1001. (a) Inside the United States Projects.--The 
     table in section 2911(a) of the Military Construction 
     Authorization Act for Fiscal Year 2009 (division B of Public 
     Law 110-417; 122 Stat. 4751) is amended to read as follows:

                     Army: Inside the United States
------------------------------------------------------------------------
                                       Installation or
               State                      location            Amount
------------------------------------------------------------------------
Kentucky..........................  Fort Campbell.......     $78,000,000
North Carolina....................  Fort Bragg..........     $77,000,000
Texas.............................  Fort Bliss..........     $56,000,000
                                    Fort Sam Houston....     $78,000,000
                                    Fort Hood...........     $58,000,000
Virginia..........................  Fort Belvoir........     $70,000,000
Washington........................  Fort Lewis..........     $99,000,000
------------------------------------------------------------------------

       (b) Conforming Amendments.--Section 2911(b) of such Act is 
     amended by striking ``$450,000,000, as follows:'' and all 
     that follows through ``$50,000,000.'' and inserting 
     ``$481,000,000, for military construction projects inside the 
     United States authorized by subsection (a).''.

                        TITLE II--TRANSPORTATION

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

supplemental discretionary grants for a national surface transportation 
                                 system

       For an additional amount for capital investments in surface 
     transportation infrastructure, $10,000,000,000, to remain 
     available until September 30, 2011: Provided, That the 
     Secretary of Transportation shall distribute funds provided 
     under this heading as discretionary grants to be awarded to 
     State and local governments on a competitive basis for 
     projects that will have a significant impact on the Nation, a 
     metropolitan area, or a region: Provided further, That 
     projects eligible for funding provided under this heading 
     shall include, but not be limited to, highway or bridge 
     projects eligible under title 23, United States Code, 
     including interstate rehabilitation, improvements to the 
     rural collector road system, the reconstruction of overpasses 
     and interchanges, bridge replacements, seismic retrofit 
     projects for bridges, and road realignments; public 
     transportation projects eligible under chapter 53 of title 
     49, United States Code, including investments in projects 
     participating in the New Starts or Small Starts programs that 
     will expedite the completion of those projects and their 
     entry into revenue service; passenger and freight rail 
     transportation projects; and port infrastructure investments, 
     including projects that connect ports to other modes of 
     transportation and improve the efficiency of freight 
     movement: Provided further, That in distributing funds 
     provided under this heading, the Secretary shall take such 
     measures so as to ensure an equitable geographic distribution 
     of funds and an appropriate balance in addressing the needs 
     of urban and rural communities: Provided further, That a 
     grant funded under this heading shall be not less than 
     $20,000,000 and not greater than $500,000,000: Provided 
     further, That the Federal share of the costs for which an 
     expenditure is made under this heading may be up to 100 
     percent: Provided further, That the Secretary shall give 
     priority to projects that require an additional share of 
     Federal funds in order to complete an overall financing 
     package, and to projects that are expected to be completed 
     within 3 years of enactment of this Act: Provided further, 
     That the Secretary shall publish criteria on which to base 
     the competition for any grants awarded under this heading not 
     later than 75 days after enactment of this Act: Provided 
     further, That the Secretary shall require applications for 
     funding provided under this heading to be submitted not later 
     than 180 days after enactment of this Act, and announce all 
     projects selected to be funded from such funds not later than 
     1 year after enactment of this Act: Provided further, That 
     the Secretary may retain up to $5,000,000 of the funds 
     provided under this heading, and may transfer portions of 
     those funds to the Administrators of the Federal Highway 
     Administration, the Federal Transit Administration, the 
     Federal Railroad Administration and the Maritime 
     Administration, to fund the award and oversight of grants 
     made under this heading.

                    Federal Aviation Administration

        supplemental discretionary grants for airport investment

       For an additional amount for capital expenditures 
     authorized under sections 47102(3) and 47504(c) of title 49, 
     United States Code, $1,500,000,000: Provided, That the 
     Secretary of Transportation shall distribute funds provided 
     under this heading as discretionary grants to airports, with 
     priority given to those projects that demonstrate to his or 
     her satisfaction their ability to be completed within 2 years 
     of enactment of this Act, and serve to supplement and not 
     supplant planned expenditures from airport-generated revenues 
     or from other State and local sources on such activities: 
     Provided further, That the Federal share payable of the costs 
     for which a grant is made under this heading shall be 100 
     percent: Provided further, That the amount made available 
     under this heading shall not be subject to any limitation on 
     obligations for the Grants-in-Aid for Airports program set 
     forth in any Act: Provided further, That the Administrator of 
     the Federal Aviation Administration may retain and transfer 
     to ``Federal Aviation Administration, Operations'' up to one-
     quarter of 1 percent of the funds provided under this heading 
     to fund the award and oversight by the Administrator of 
     grants made under this heading.

                     Federal Highway Administration

               supplemental grants for highway investment

       For an additional amount for restoration, repair, 
     construction and other activities eligible under paragraph 
     (b) of section 133 of title 23, United States Code, 
     $30,000,000,000: Provided, That funds provided under this 
     heading shall be apportioned to States using the formula set 
     forth in section 104(b)(3) of such title: Provided further, 
     That 180 days following the date of such apportionment, the 
     Secretary of Transportation shall withdraw from each State an 
     amount equal to 50 percent of the funds awarded to that 
     grantee less the amount of funding obligated, and the 
     Secretary shall redistribute such amounts to other States 
     that have had no funds withdrawn under this proviso in the 
     manner described in section 120(c) of division K of Public 
     Law 110-161: Provided further, That of the funds provided 
     under this heading, $1,000,000,000 shall be for investments 
     in transportation at Indian reservations and Federal lands, 
     and administered in accordance with chapter 2 of title 23, 
     United States Code: Provided further, That of the funds 
     identified in the preceding proviso, at least $320,000,000 
     shall be for the Indian Reservation Roads program, 
     $100,000,000 shall be for the Park Roads and Parkways 
     program, $70,000,000 shall be for the Forest Highway Program, 
     and $10,000,000 shall be for the Refuge Roads program: 
     Provided further, That up to 4 percent of the funding 
     provided for Indian Reservation Roads may be used by the 
     Secretary of the Interior for program management and 
     oversight and project-related administrative expenses: 
     Provided further, That the Federal share payable on account 
     of any project or activity carried out with funds made 
     available under this heading shall be at the option of the 
     recipient, and may be up to 100 percent of the total cost 
     thereof: Provided further, That funding provided under this 
     heading shall be in addition to any and all funds provided 
     for fiscal years 2008 and 2009 in any other Act for 
     ``Federal-aid Highways'' and shall not affect the 
     distribution of funds provided for ``Federal-aid Highways'' 
     in any other Act: Provided further, That the amount made 
     available under this heading shall not be subject to any 
     limitation on obligations for Federal-aid highways or highway 
     safety construction programs set forth in any Act: Provided 
     further, That section 1101(b) of Public Law 109-59 shall 
     apply to funds apportioned under this heading:  Provided 
     further, That for the purposes of the definition of States 
     for this paragraph, sections 101(a)(32) of title 23, United 
     States Code, shall apply: Provided further, That the 
     Administrator of the Federal Highway Administration may 
     retain up to $12,000,000 of the funds provided under this 
     heading to carry out the function of the ``Federal Highway 
     Administration, Limitation on Administrative Expenses'' and 
     to fund the oversight by the Administrator of projects and 
     activities carried out with funds made available to the 
     Federal Highway Administration in this Act.

                     Federal Transit Administration

           supplemental grants for public transit investment

       For an additional amount for capital expenditures 
     authorized under section 5302(a)(1) of title 49, United 
     States Code, $3,500,000,000: Provided further, That 180 days 
     following the date of such apportionment, the Secretary shall 
     withdraw from each grantee an amount equal to 50 percent of 
     the funds awarded to that grantee less the amount of funding 
     obligated, and the Secretary shall redistribute such amounts 
     to other grantees that have had no funds withdrawn under this 
     proviso utilizing whatever method he or she deems appropriate 
     to ensure that all funds provided under this paragraph shall 
     be utilized promptly: Provided further, That the Federal 
     share of the costs for which any grant is made under this 
     heading shall be at the option of the recipient, and may be 
     up to 100 percent: Provided further, That the amount made 
     available under this heading shall not be subject to any 
     limitation on obligations for transit programs set forth in 
     any Act: Provided further, That section 1101(b) of Public Law 
     109-59 shall apply to funds apportioned under this heading: 
     Provided further, That the Administrator of the Federal 
     Transit Administration may retain up to $1,000,000 of the 
     funds provided under this heading to carry out the function

[[Page 3017]]

     of ``Federal Transit Administration, Administrative 
     Expenses'' and to fund the oversight of grants made under 
     this heading by the Administrator.

                    TITLE III--DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

       For expenses, not otherwise provided for, to repair or 
     acquire vehicles, equipment, and materials required to reset 
     or reconstitute military units to an acceptable readiness 
     rating and to restock prepositioned assets and war reserve 
     material, $3,125,950,000, to remain available for obligation 
     until September 30, 2010, as follows:

                    operation and maintenance, army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $2,000,000,000.

                operation and maintenance, marine corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $26,000,000.

                operation and maintenance, army reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $400,000,000.

                operation and maintenance, navy reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $99,950,000.

             operation and maintenance, army national guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $600,000,000.

              facility infrastructure investments, defense

       For expenses, not otherwise provided for, to repair, 
     restore, improve, or modernize Department of Defense 
     facilities, improve unaccompanied personnel housing, repair 
     or upgrade facilities and infrastructure directly supporting 
     the readiness and training of the Armed Forces, and invest in 
     the energy efficiency of Department of Defense facilities, 
     $9,348,343,000, for facilities sustainment, restoration, and 
     modernization programs of the Department of Defense 
     (including minor construction and major maintenance and 
     repair), as follows:
       (1) For an additional amount for ``Operation and 
     Maintenance, Army'', $3,310,109,000.
       (2) For an additional amount for ``Operation and 
     Maintenance, Navy'', $1,624,380,000.
       (3) For an additional amount for ``Operation and 
     Maintenance, Marine Corps'', $285,311,000.
       (4) For an additional amount for ``Operation and 
     Maintenance, Air Force'', $2,665,016,000.
       (5) For an additional amount for ``Operations and 
     Maintenance, Defense Wide (Defense Health Program)'', 
     $454,658,000.
       (6) For an additional amount for ``Operations and 
     Maintenance, Defense Wide (Defense Education Activity)'', 
     $68,600,000.
       (7) For an additional amount for ``Operations and 
     Maintenance, Defense Wide (Defense Logistics Agency)'', 
     $24,605,000.
       (8) For an additional amount for ``Operations and 
     Maintenance, Defense Wide (Special Operations)'', 
     $19,300,000.
       (9) For an additional amount for ``Operation and 
     Maintenance, Army Reserve'', $246,234,000.
       (10) For an additional amount for ``Operation and 
     Maintenance, Navy Reserve'', $62,162,000.
       (11) For an additional amount for ``Operation and 
     Maintenance, Marine Corps Reserve'', $99,938,000.
       (12) For an additional amount for ``Operation and 
     Maintenance, Air Force Reserve'', $33,014,000.
       (13) For an additional amount for ``Operation and 
     Maintenance, Army National Guard'', $368,026,000.
       (14) For an additional amount for ``Operation and 
     Maintenance, Air National Guard'', $86,990,000.

                              PROCUREMENT

       For expenses, not otherwise provided for, to manufacture or 
     acquire vehicles, equipment, ammunition, and materials 
     required to reconstitute military units to an acceptable 
     readiness rating and to restock prepositioned assets and war 
     reserve material, $4,225,406,000 as follows:

                       aircraft procurement, army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $320,000,000, to remain available for obligation 
     until September 30, 2010, for construction, procurement, 
     production, modification, and modernization of aircraft, 
     equipment, including ground handling equipment, spare parts, 
     and accessories for reset purposes therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes.

                       missile procurement, army

       For an additional amount for ``Missile Procurement, Army'', 
     $800,000,000, to remain available for obligation until 
     September 30, 2010, for construction, procurement, 
     production, modification, and modernization of missiles, 
     equipment, including ordnance, ground handling equipment, 
     spare parts, and accessories for reset purposes therefor; 
     specialized equipment and training devices; expansion of 
     public and private plants, including the land necessary 
     therefor, for the foregoing purposes, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway; and other 
     expenses necessary for the foregoing purposes.

        procurement of weapons and tracked combat vehicles, army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $100,000,000, to remain 
     available for obligation until September 30, 2010, for 
     construction, procurement, production, and modification of 
     weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories for reset purposes 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes.

                    procurement of ammunition, army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $175,000,000, to remain available for obligation 
     until September 30, 2010, for construction, procurement, 
     production, and modification of ammunition, and accessories 
     for reset purposes therefor; specialized equipment and 
     training devices; expansion of public and private plants, 
     including ammunition facilities, authorized by section 2854 
     of title 10, United States Code, and the land necessary 
     therefor, for the foregoing purposes, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway; and other 
     expenses necessary for the foregoing purposes.

                        other procurement, army

       For an additional amount for ``Other Procurement, Army'', 
     $2,225,000,000, to remain available for obligation until 
     September 30, 2010, for construction, procurement, 
     production, and modification of vehicles, including tactical, 
     support, and non-tracked combat vehicles; the purchase of 
     passenger motor vehicles for reset purposes only; 
     communications and electronic equipment; other support 
     equipment; spare parts, ordnance, and accessories therefor; 
     specialized equipment and training devices; expansion of 
     public and private plants, including the land necessary 
     therefor, for the foregoing purposes, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway; and other 
     expenses necessary for the foregoing purposes.

                       weapons procurement, navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $51,905,000, to remain available for obligation until 
     September 30, 2010, for construction, procurement, 
     production, modification, and related support equipment for 
     reset purposes, including spare parts and accessories for 
     replacement of Hellfire missiles and the transportation of 
     procured items from vendor to first government point of 
     storage may be acquired.

            procurement of ammunition, navy and marine corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $164,772,000, to remain available 
     for obligation until September 30, 2010, for construction, 
     procurement, production, and modification of ammunition, and 
     accessories for reset purposes therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes.

                        other procurement, navy

       For an additional amount for ``Other Procurement, Navy'', 
     $61,100,000, to remain available for obligation until 
     September 30, 2010, for construction, procurement, 
     production, modification, replacement and recapitalization of 
     Navy expeditionary forces and

[[Page 3018]]

     capabilities for reset purposes; including, tactical 
     vehicles, construction and maintenance equipment, naval 
     coastal warfare boats, salvage equipment, riverine equipment, 
     expeditionary material handling equipment, communications 
     equipment, and other expeditionary items which are required 
     to equip sailors and improve Navy expeditionary capabilities 
     and support of Operation Enduring Freedom (OEF) and Operation 
     Iraqi Freedom (OIF), as well as the Global War on Terror 
     (GWOT) in support of joint warfighting commanders.

                       procurement, marine corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $244,529,000, to remain available for obligation until 
     September 30, 2010, for construction, procurement, 
     production, modification, replacement and recapitalization of 
     Marine Corps tactical fixed wing and certain rotary aircraft 
     for reset purposes to improve AV-8B and F/A-18 daytime/
     nighttime and all weather targeting capability; improve AV-8B 
     sustainability in Operation Enduring Freedom (OEF) and 
     Operation Iraqi Freedom (OIF) through countermeasure suite 
     upgrades; improvements of F/A-18 radar reliability during 
     sustained deployments; improve downlink and communication 
     capabilities and launcher upgrades for F/A-18 aircraft; 
     increase C/MH-53 performance degraders due to sustained 
     deployments through various C/MH-53 helicopter engine and 
     avionics upgrades; improve CH-46 operational capability and 
     survivability during deployments by reducing brownout 
     conditions and reducing the risk of engagement by battlefield 
     IR missile systems; modify MV-22 aircraft to deployable block 
     configuration and increase that aircraft's survivability 
     through fire suppression; and spare parts and other 
     accessories necessary for the foregoing purposes.

                    aircraft procurement, air force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $83,100,000, to remain available for obligation 
     until September 30, 2010, for construction, procurement, 
     production, modification, and modernization of Air Force 
     Reserve aircraft, equipment, spare parts, and accessories for 
     reset purposes; including, replacement panels for C-5A 
     aircraft to remediate corrosion cracking; armor and 
     refurbishment kits for currently fielded C-130 aircraft to 
     provide enhanced protection against small arms fire; new and 
     updated .50 caliber machine guns for HH-60 rotary wing 
     aircraft to help negate aircraft vulnerabilities; a 
     replacement armor system for C-130 aircraft that affords 
     protection against 12.7mm threats to the aircraft; a rescue 
     board for combat, search and rescue (CSAR) HH-60 aircraft 
     that will help maximize usable space within that aircraft so 
     as to eliminate the requirement for additional CSAR aircraft 
     to enter a threat environment; and other expenses necessary 
     for the foregoing purposes.

                     GENERAL PROVISIONS--THIS TITLE

     SEC. 3001. FACILITY INFRASTRUCTURE INVESTMENTS.

       (a) Transfer to Defense Working Capital Funds.--
       (1) Transfer authorized.--Notwithstanding any other 
     provision of law and subject to paragraph (2), amounts 
     available to a military department under this title under the 
     heading ``facility infrastructure investments'' may be 
     transferred by the Secretary of the military department to 
     the Defense Working Capital Funds for purposes relating to 
     the improvement, repair, and modernization of defense depots, 
     arsenals, ammunition plants, and shipyards. Amounts 
     transferred under this paragraph shall be merged with amounts 
     in the Defense Working Capital Funds that are available for 
     such purposes, and shall be available for such purposes under 
     the same terms and conditions, and subject to the same 
     limitations, as amounts in the Defense Working Capital Funds 
     with which merged.
       (2) Limitation on amount transferable.--The amount 
     transferable by a military department under paragraph (1) may 
     not exceed the amount equal to 30 percent of the aggregate 
     amount available to the military department under this title 
     under the heading ``facility infrastructure investments''.
       (b) Plan for Use of Funds.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report setting forth a plan for the utilization of the 
     funds provided under this title under the heading ``facility 
     infrastructure investments''.
       (c) Limitation on Utilization.--No funds provided under 
     this title under the heading ``facility infrastructure 
     investments'' may be obligated or expended until the receipt 
     by the congressional defense committees of the report 
     required by subsection (b).
       (d) Congressional Defense Committees Defined.--In this 
     section, the term ``congressional defense committees'' has 
     the meaning given that term in section 101(a)(16) of title 
     10, United States Code.

                      DIVISION C--OTHER PROVISIONS

                        TITLE I--TAX PROVISIONS

     SEC. 10001. REDUCTION IN SOCIAL SECURITY PAYROLL TAXES.

       (a) In General.--
       (1) Employer taxes.--The table in section 3101(a) of the 
     Internal Revenue Code of 1986 is amended to read as follows:


``In the case of wages received         The rate shall be:
 during:
  2009................................  3.1 percent
  2010 or thereafter..................  6.2 percent''.
 

       (2) Self-employment taxes.--
       (A) In general.--The table in section 1401(a) of the 
     Internal Revenue Code of 1986 is amended to read as follows:


------------------------------------------------------------------------
   ``In the case of a taxable
        beginning after:              And before:           Percent
------------------------------------------------------------------------
December 31, 2008...............  January 1, 2010...  9.3
December 31, 2009...............  ..................  12.40''.
------------------------------------------------------------------------

       (B) Conforming amendments.--
       (i) Section 164(f) of such Code is amended adding at the 
     end the following new paragraph:
       ``(3) Special rule for 2009.--In the case of taxable years 
     beginning after December 31, 2008, and before January 1, 
     2010, the deduction allowed under paragraph (1) with respect 
     to taxes imposed by section 1401(a) shall equal to two-thirds 
     of the taxes so paid.''.
       (ii) Section 1402(a)(12)(B) is amended by inserting ``(in 
     the case of taxable years beginning after December 31, 2008, 
     and before January 1, 2010, two-thirds of the taxes of the 
     rate imposed by section 1401(a) and one-half of the rate 
     imposed by section 1401(b))'' after ``year''.
       (b) Funding From General Fund.--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 reduction in revenues to the Treasury by 
     reason of the amendments made by paragraphs (1) and (20(A) of 
     subsection (a) . Amounts appropriated by the preceding 
     sentence shall be transferred from the general fund at such 
     times and in such manner as to replicate to the extent 
     possible the transfers which would have occurred to such 
     Trust Fund had such amendments not been enacted.

     SEC. 10002. TEMPORARY REDUCTION IN CORPORATE INCOME TAX 
                   RATES.

       (a) In General.--Section 11 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subsection:
       ``(e) Economic Stimulus Rate Reductions.--In the case of 
     taxable years beginning in calendar year 2009--
       ``(1) subsection (b)(1) shall be applied by disregarding--
       ``(A) `but does not exceed $75,000,' in subparagraph (B) 
     thereof,
       ``(B) subparagraphs (C) and (D) thereof, and
       ``(C) the last 2 sentences,
       ``(2) subsection (b)(2) shall be applied by substituting 
     `25 percent' for `35 percent', and
       ``(3) paragraphs (1) and (2) of section 1445(e) shall each 
     be applied by substituting `25 percent' for `35 percent'.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 10003. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF 
                   CERTAIN DEPRECIABLE BUSINESS ASSETS.

       (a) In General.--Paragraph (7) of section 179(b) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``2008'' and inserting ``2008, or 2009'', 
     and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2008, and 2009''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 10004. CREDIT FOR CERTAIN HOME PURCHASES.

       (a) Allowance of Credit.--Subpart A of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after section 25D the following 
     new section:

     ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.

       ``(a) Allowance of Credit.--
       ``(1) In general.--In the case of an individual who is a 
     purchaser of a qualified principal residence during the 
     taxable year, there shall be allowed as a credit against the 
     tax imposed by this chapter an amount equal to 10 percent of 
     the purchase price of the residence.
       ``(2) Dollar limitation.--The amount of the credit allowed 
     under paragraph (1) shall not exceed $15,000.
       ``(3) Allocation of credit amount.--At the election of the 
     taxpayer, the amount of the credit allowed under paragraph 
     (1) (after application of paragraph (2)) may be equally 
     divided among the 2 taxable years beginning with the taxable 
     year in which the purchase of the qualified principal 
     residence is made.
       ``(b) Limitations.--
       ``(1) Date of purchase.--The credit allowed under 
     subsection (a) shall be allowed only with respect to 
     purchases made--
       ``(A) after December 31, 2008, and
       ``(B) before January 1, 2010.
       ``(2) Limitation based on amount of tax.--In the case of a 
     taxable year to which section

[[Page 3019]]

     26(a)(2) does not apply, the credit allowed under subsection 
     (a) for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) for the taxable year.
       ``(3) One-time only.--
       ``(A) In general.--If a credit is allowed under this 
     section in the case of any individual (and such individual's 
     spouse, if married) with respect to the purchase of any 
     qualified principal residence, no credit shall be allowed 
     under this section in any taxable year with respect to the 
     purchase of any other qualified principal residence by such 
     individual or a spouse of such individual.
       ``(B) Joint purchase.--In the case of a purchase of a 
     qualified principal residence by 2 or more unmarried 
     individuals or by 2 married individuals filing separately, no 
     credit shall be allowed under this section if a credit under 
     this section has been allowed to any of such individuals in 
     any taxable year with respect to the purchase of any other 
     qualified principal residence.

       ``(c) Qualified Principal Residence.--For purposes of this 
     section, the term `qualified principal residence' means a 
     single-family residence that is purchased to be the principal 
     residence of the purchaser.
       ``(d) Denial of Double Benefit.--No credit shall be allowed 
     under this section for any purchase for which a credit is 
     allowed under section 36 or section 1400C.
       ``(e) Special Rules.--
       ``(1) Joint purchase.--
       ``(A) Married individuals filing separately.--In the case 
     of 2 married individuals filing separately, subsection (a) 
     shall be applied to each such individual by substituting 
     `$7,500' for `$15,000' in subsection (a)(1).
       ``(B) Unmarried individuals.--If 2 or more individuals who 
     are not married purchase a qualified principal residence, the 
     amount of the credit allowed under subsection (a) shall be 
     allocated among such individuals in such manner as the 
     Secretary may prescribe, except that the total amount of the 
     credits allowed to all such individuals shall not exceed 
     $15,000.
       ``(2) Purchase.--In defining the purchase of a qualified 
     principal residence, rules similar to the rules of paragraphs 
     (2) and (3) of section 1400C(e) (as in effect on the date of 
     the enactment of this section) shall apply.
       ``(3) Reporting requirement.--Rules similar to the rules of 
     section 1400C(f) (as so in effect) shall apply.
       ``(f) Recapture of Credit in the Case of Certain 
     Dispositions.--
       ``(1) In general.--In the event that a taxpayer--
       ``(A) disposes of the principal residence with respect to 
     which a credit was allowed under subsection (a), or
       ``(B) fails to occupy such residence as the taxpayer's 
     principal residence,

     at any time within 24 months after the date on which the 
     taxpayer purchased such residence, then the tax imposed by 
     this chapter for the taxable year during which such 
     disposition occurred or in which the taxpayer failed to 
     occupy the residence as a principal residence shall be 
     increased by the amount of such credit.
       ``(2) Exceptions.--
       ``(A) Death of taxpayer.--Paragraph (1) shall not apply to 
     any taxable year ending after the date of the taxpayer's 
     death.
       ``(B) Involuntary conversion.--Paragraph (1) shall not 
     apply in the case of a residence which is compulsorily or 
     involuntarily converted (within the meaning of section 
     1033(a)) if the taxpayer acquires a new principal residence 
     within the 2-year period beginning on the date of the 
     disposition or cessation referred to in such paragraph. 
     Paragraph (1) shall apply to such new principal residence 
     during the remainder of the 24-month period described in such 
     paragraph as if such new principal residence were the 
     converted residence.
       ``(C) Transfers between spouses or incident to divorce.--In 
     the case of a transfer of a residence to which section 
     1041(a) applies--
       ``(i) paragraph (1) shall not apply to such transfer, and
       ``(ii) in the case of taxable years ending after such 
     transfer, paragraph (1) shall apply to the transferee in the 
     same manner as if such transferee were the transferor (and 
     shall not apply to the transferor).
       ``(D) Relocation of members of the armed forces.--Paragraph 
     (1) shall not apply in the case of a member of the Armed 
     Forces of the United States on active duty who moves pursuant 
     to a military order and incident to a permanent change of 
     station.
       ``(3) Joint returns.--In the case of a credit allowed under 
     subsection (a) with respect to a joint return, half of such 
     credit shall be treated as having been allowed to each 
     individual filing such return for purposes of this 
     subsection.
       ``(4) Return requirement.--If the tax imposed by this 
     chapter for the taxable year is increased under this 
     subsection, the taxpayer shall, notwithstanding section 6012, 
     be required to file a return with respect to the taxes 
     imposed under this subtitle.
       ``(g) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section with respect to the 
     purchase of any residence, the basis of such residence shall 
     be reduced by the amount of the credit so allowed.
       ``(h) Election to Treat Purchase in Prior Year.--In the 
     case of a purchase of a principal residence during the period 
     described in subsection (b)(1), a taxpayer may elect to treat 
     such purchase as made on December 31, 2008, for purposes of 
     this section.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     A of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 25D the following new item:

``Sec. 25E. Credit for certain home purchases.''.

       (c) Sunset of Current First-Time Homebuyer Credit.--
       (1) In general.--Subsection (h) of section 36 of the 
     Internal Revenue Code of 1986 is amended by striking ``July 
     1, 2009'' and inserting ``the date of the enactment of the 
     American Recovery and Reinvestment Tax Act of 2009''.
       (2) Election to treat purchase in prior year.--Subsection 
     (g) of section 36 of such Code is amended by striking ``July 
     1, 2009'' and inserting ``the date of the American Job 
     Creation and Reinvestment Act of 2009''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 10005. REDUCTION IN 10-PERCENT AND 15-PERCENT RATE 
                   BRACKETS FOR 2009.

       (a) In General.--Section 1(i) of the Internal Revenue Code 
     of 1986 is amended by redesignating paragraph (3) as 
     paragraph (4) and by inserting after paragraph (2) the 
     following new subparagraph:
       ``(3) Reductions for 2009.--In the case of any taxable year 
     beginning in 2009--
       ``(A) In general.--Each of the tables under subsections 
     (a), (b), (c), (d), and (e) (as in effect after the 
     application of paragraphs (1) and (2)) shall be applied --
       ``(i) by substituting `5 percent' for `10 percent', and
       ``(ii) by substituting `10 percent' for `15 percent'.
       ``(B) Rules for applying certain other provisions.--
       ``(i) Subsection (g)(7)(B)(ii)(II) shall be applied by 
     substituting `5 percent' for `10 percent'.
       ``(ii) Section 3402(p)(2) shall be applied by substituting 
     `5 percent' for `10 percent'.''.
       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 2008.
       (2) Withholding provisions.--Clause (ii) of section 
     1(i)(3)(B) of the Internal Revenue Code of 1986, as added by 
     subsection (a), shall apply to amounts paid after the 60th 
     day after the date of the enactment of this Act.

     SEC. 10006. TEMPORARY SUSPENSION OF TAX ON UNEMPLOYMENT 
                   COMPENSATION.

       (a) In General.--Section 85 of the Internal Revenue Code of 
     1986 (relating to unemployment compensation) is amended by 
     adding at the end the following new subsection:
       ``(c) Special Rule for 2009.--This section shall not apply 
     to any taxable year beginning in 2009 and gross income shall 
     not include any unemployment compensation received by an 
     individual during such taxable year.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

               TITLE II--ASSISTANCE FOR AMERICANS IN NEED

     SEC. 20001. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION 
                   PROGRAM.

       (a) In General.--Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note), as amended by section 4 of the Unemployment 
     Compensation Extension Act of 2008 (Public Law 110-449; 122 
     Stat. 5015), is amended--
       (1) by striking ``March 31, 2009'' each place it appears 
     and inserting ``December 31, 2009'';
       (2) in the heading for subsection (b)(2), by striking 
     ``March 31, 2009'' and inserting ``December 31, 2009''; and
       (3) in subsection (b)(3), by striking ``August 27, 2009'' 
     and inserting ``May 31, 2010''.
       (b) Financing Provisions.--Section 4004 of such Act is 
     amended by adding at the end the following:
       ``(e) Transfer of Funds.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall 
     transfer from the general fund of the Treasury (from funds 
     not otherwise appropriated)--
       ``(1) to the extended unemployment compensation account (as 
     established by section 905 of the Social Security Act) such 
     sums as the Secretary of Labor estimates to be necessary to 
     make payments to States under this title by reason of the 
     amendments made by section 2001(a) of the American Recovery 
     and Reinvestment Act of 2009; and
       ``(2) to the employment security administration account (as 
     established by section 901 of the Social Security Act) such 
     sums as the Secretary of Labor estimates to be necessary for 
     purposes of assisting States in meeting administrative costs 
     by reason of the amendments referred to in paragraph (1).

     There are appropriated from the general fund of the Treasury, 
     without fiscal year limitation, the sums referred to in the 
     preceding sentence and such sums shall not be required to be 
     repaid.''.

[[Page 3020]]



     SEC. 20002. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

       For the costs of State administrative expenses associated 
     with administering the supplemental nutrition assistance 
     program established under the Food and Nutrition Act of 2008 
     (7 U.S.C. 2011 et seq.) during a period of rising caseloads, 
     the Secretary of Agriculture shall make available 
     $150,000,000 to remain available through December 31, 2009.

     SEC. 20003. TRAINING AND EMPLOYMENT SERVICES.

       There is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for the fiscal year ending September 
     30, 2009, for an additional amount for ``Training and 
     Employment Services'' for activities authorized by the 
     Workforce Investment Act of 1998 (``WIA''), $1,770,000,000, 
     which shall be available on the date of enactment of this 
     Act, as follows:
       (1) $500,000,000 for adult employment and training 
     activities, including supportive services and needs-related 
     payments described in section 134(e)(2) and (3) of the WIA, 
     except that a priority use of these funds shall be services 
     to individuals described in section 134(d)(4)(E) of the WIA;
       (2) $1,000,000,000 for grants to the States for dislocated 
     worker employment and training activities;
       (3) $250,000,000 under the dislocated worker national 
     reserve for a program of competitive grants for worker 
     training in high growth and emerging industry sectors and 
     assistance under section 132(b)(2)(A) of the WIA; and
       (4) $20,000,000 to carry out section 166 of the WIA 
     (relating to employment and training activities for Indians, 
     Alaska Natives, and Native Hawaiians).

                  TITLE III--FIXING THE HOUSING CRISIS

     SEC. 30001. SHORT TITLE.

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

     SEC. 30002. DEFINITIONS.

       For purposes of this title--
       (1) the term ``securitized mortgages'' means residential 
     mortgages that have been pooled by a securitization vehicle;
       (2) the term ``securitization vehicle'' means a trust, 
     corporation, partnership, limited liability entity, special 
     purpose entity, or other structure that--
       (A) is the issuer, or is created by the issuer, of mortgage 
     pass-through certificates, participation certificates, 
     mortgage-backed securities, or other similar securities 
     backed by a pool of assets that includes residential mortgage 
     loans;
       (B) holds all of the mortgage loans which are the basis for 
     any vehicle described in subparagraph (A); and
       (C) has not issued securities that are guaranteed by the 
     Federal National Mortgage Association, the Federal Home Loan 
     Mortgage Corporation, or the Government National Mortgage 
     Association;
       (3) the term ``servicer'' means a servicer of securitized 
     mortgages;
       (4) the term ``eligible servicer'' means a servicer of 
     pooled and securitized residential mortgages, all of which 
     are eligible mortgages;
       (5) the term ``eligible mortgage'' means a residential 
     mortgage, the principal amount of which did not exceed the 
     conforming loan size limit that was in existence at the time 
     of origination for a comparable dwelling, as established by 
     the Federal National Mortgage Association;
       (6) the term ``Secretary'' means the Secretary of the 
     Treasury;
       (7) the term ``effective term of the title'' means the 
     period beginning on the effective date of this title and 
     ending on December 31, 2011;
       (8) the term ``incentive fee'' means the monthly payment to 
     eligible servicers, as determined under section 30003(a);
       (9) the term ``Office'' means the Office of Aggrieved 
     Investor Claims established under section 30004(a); and
       (10) the term ``prepayment fee'' means the payment to 
     eligible servicers, as determined under section 30003(b).

     SEC. 30003. PAYMENTS TO ELIGIBLE SERVICERS AUTHORIZED.

       (a) Authority.--The Secretary is authorized during the 
     effective term of the title, to make payments to eligible 
     servicers in an amount not to exceed an aggregate of 
     $10,000,000,000, subject to the terms and conditions 
     established under this title.
       (b) Fees Paid to Eligible Servicers.--
       (1) In general.--During the effective term of the title, 
     eligible servicers may collect monthly fee payments, 
     consistent with the limitation in paragraph (2).
       (2) Conditions.--For every mortgage that was--
       (A) not prepaid during a month, an eligible servicer may 
     collect an incentive fee equal to 10 percent of mortgage 
     payments received during that month, not to exceed $60 per 
     loan; and
       (B) prepaid during a month, an eligible servicer may 
     collect a one-time prepayment fee equal to 12 times the 
     amount of the incentive fee for the preceding month.
       (c) Safe Harbor.--Notwithstanding any other provision of 
     law, and notwithstanding any investment contract between a 
     servicer and a securitization vehicle, a servicer--
       (1) owes any duty to maximize the net present value of the 
     pooled mortgages in the securitization vehicle to all 
     investors and parties having a direct or indirect interest in 
     such vehicle, and not to any individual party or group of 
     parties; and
       (2) shall be deemed to act in the best interests of all 
     such investors and parties if the servicer agrees to or 
     implements a modification, workout, or other loss mitigation 
     plan for a residential mortgage or a class of residential 
     mortgages that constitutes a part or all of the pooled 
     mortgages in such securitization vehicle, if--
       (A) default on the payment of such mortgage has occurred or 
     is reasonably foreseeable;
       (B) the property securing such mortgage is occupied by the 
     mortgagor of such mortgage; and
       (C) the servicer reasonably and in good faith believes that 
     the anticipated recovery on the principal outstanding 
     obligation of the mortgage under the modification or workout 
     plan exceeds, on a net present value basis, the anticipated 
     recovery on the principal outstanding obligation of the 
     mortgage through foreclosure;
       (3) shall not be obligated to repurchase loans from, or 
     otherwise make payments to, the securitization vehicle on 
     account of a modification, workout, or other loss mitigation 
     plan that satisfies the conditions of paragraph (2); and
       (4) if it acts in a manner consistent with the duties set 
     forth in paragraphs (1) and (2), shall not be liable for 
     entering into a modification or workout plan to any person--
       (A) based on ownership by that person of a residential 
     mortgage loan or any interest in a pool of residential 
     mortgage loans, or in securities that distribute payments out 
     of the principal, interest, and other payments in loans in 
     the pool;
       (B) who is obligated to make payments determined in 
     reference to any loan or any interest referred to in 
     subparagraph (A); or
       (C) that insures any loan or any interest referred to in 
     subparagraph (A) under any provision of law or regulation of 
     the United States or any State or political subdivision 
     thereof.
       (d) Legal Costs.--If an unsuccessful suit is brought by a 
     person described in subsection (d)(4), that person shall bear 
     the actual legal costs of the servicer, including reasonable 
     attorney fees and expert witness fees, incurred in good 
     faith.
       (e) Reporting Requirements.--
       (1) In general.--Each servicer shall report regularly, not 
     less frequently than monthly, to the Secretary on the extent 
     and scope of the loss mitigation activities of the mortgage 
     owner.
       (2) Content.--Each report required by this subsection shall 
     include--
       (A) the number of residential mortgage loans receiving loss 
     mitigation that have become performing loans;
       (B) the number of residential mortgage loans receiving loss 
     mitigation that have proceeded to foreclosure;
       (C) the total number of foreclosures initiated during the 
     reporting period;
       (D) data on loss mitigation activities, disaggregated to 
     reflect whether the loss mitigation was in the form of--
       (i) a waiver of any late payment charge, penalty interest, 
     or any other fees or charges, or any combination thereof;
       (ii) the establishment of a repayment plan under which the 
     homeowner resumes regularly scheduled payments and pays 
     additional amounts at scheduled intervals to cure the 
     delinquency;
       (iii) forbearance under the loan that provides for a 
     temporary reduction in or cessation of monthly payments, 
     followed by a reamortization of the amounts due under the 
     loan, including arrearage, and a new schedule of repayment 
     amounts;
       (iv) waiver, modification, or variation of any material 
     term of the loan, including short-term, long-term, or life-
     of-loan modifications that change the interest rate, forgive 
     the payment of principal or interest, or extend the final 
     maturity date of the loan;
       (v) short refinancing of the loan consisting of acceptance 
     of payment from or on behalf of the homeowner of an amount 
     less than the amount alleged to be due and owing under the 
     loan, including principal, interest, and fees, in full 
     satisfaction of the obligation under such loan and as part of 
     a refinance transaction in which the property is intended to 
     remain the principal residence of the homeowner;
       (vi) acquisition of the property by the owner or servicer 
     by deed in lieu of foreclosure;
       (vii) short sale of the principal residence that is subject 
     to the lien securing the loan;
       (viii) assumption of the obligation of the homeowner under 
     the loan by a third party;
       (ix) cancellation or postponement of a foreclosure sale to 
     allow the homeowner additional time to sell the property; or
       (x) any other loss mitigation activity not covered; and
       (E) such other information as the Secretary determines to 
     be relevant.
       (3) Public availability of reports.--After removing 
     information that would compromise the privacy interests of 
     mortgagors, the Secretary shall make public the reports 
     required by this subsection.

[[Page 3021]]



     SEC. 30004. TEMPORARY EXTENSION OF LOAN LIMIT INCREASE.

       (a) Fannie Mae and Freddie Mac.--Section 201(a) of the 
     Economic Stimulus Act of 2008 (Public Law 110-185, 122 Stat. 
     619) is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2009''.
       (b) FHA Loans.--Section 202(a) of the Economic Stimulus Act 
     of 2008 (Public Law 110-185, 122 Stat. 620) is amended by 
     striking ``December 31, 2008'' and inserting ``December 31, 
     2009''.

     SEC. 30005. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 30006. SUNSET OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title shall terminate on December 31, 2011.
                                 ______
                                 
  SA 365. Mr. BROWN (for himself, Mr. Durbin, Mr. Schumer, Mr. 
Voinovich, Mr. Casey, and Mrs. Gillibrand) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 192, after line 21, insert the following:

     SEC. __. TEMPORARY WAIVER OF RECOVERY BY THE PENSION BENEFIT 
                   GUARANTY CORPORATION OF CERTAIN PENSION 
                   OVERPAYMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Pension Benefit Guaranty Corporation shall not, 
     during the 2-year period beginning on the date of the 
     enactment of this Act, recoup from any participant or 
     beneficiary any amount paid to such participant or 
     beneficiary before such date of enactment that exceeded the 
     amount of the net benefit to which such participant or 
     beneficiary was otherwise entitled under title IV of the 
     Employee Retirement Income Security Act of 1974 (21 U.S.C. 
     1301 et seq.).
       (b) Effect of Waiver.--A participant or beneficiary shall 
     be treated as having paid to the Pension Benefit Guaranty 
     Corporation the aggregate amount which, but for subsection 
     (a), would have been recouped from the participant or 
     beneficiary. The Pension Benefit Guaranty Corporation shall 
     reduce the amount to be recouped from the participant or 
     beneficiary by the amount of such deemed payment.
                                 ______
                                 
  SA 366. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 436, line 13, strike all through page 
     437, line 10, and insert the following:
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Eligible individual.--
       ``(A) In general.--The term `eligible individual' means any 
     individual other than--
       ``(i) any nonresident alien individual,
       ``(ii) any individual with respect to whom a deduction 
     under section 151 is allowable to another taxpayer for a 
     taxable year beginning in the calendar year in which the 
     individual's taxable year begins, and
       ``(iii) an estate or trust.
       ``(B) Identification requirement.--
       ``(i) In general.--Except as provided in clause (ii), such 
     term shall not include any individual unless the requirements 
     of section 32(c)(1)(E) are met with respect to such 
     individual.
       ``(ii) Special rules for married individuals.--In the case 
     of--

       ``(I) a married individual (within the meaning of section 
     7703) filing a separate return, the requirements of clause 
     (i) with respect to such return shall not apply to the 
     individual's spouse, and
       ``(II) clause (i) shall not apply to a joint return where 
     at least 1 spouse was a member of the Armed Forces of the 
     United States at any time during the taxable year.

       ``(2) Earned income.--The term `earned income' has the 
     meaning given such term by section 32(c)(2), except that such 
     term shall not include net earnings from self-employment 
     which are not taken into account in computing taxable income. 
     For purposes of the preceding sentence, any amount excluded 
     from gross income by reason of section 112 shall be treated 
     as earned income which is taken into account in computing 
     taxable income for the taxable year.
       ``(3) Special rule for certain eligible individuals.--In 
     the case of any taxable year beginning in 2009, if an 
     eligible individual receives any amount as a pension or 
     annuity for service performed in the employ of the United 
     States or any State, or any instrumentality thereof, which is 
     not considered employment for purposes of chapter 21, the 
     amount of the credit allowed under subsection (a) (determined 
     without regard to subsection (c)) with respect to such 
     eligible individual shall be equal to the greater of--
       ``(A) the amount of the credit determined without regard to 
     this paragraph or subsection (c), or
       ``(B) $300 ($600 in the case of a joint return where both 
     spouses are eligible individuals described in this 
     paragraph).
     If the amount of the credit is determined under subparagraph 
     (B) with respect to any eligible individual, the modified 
     adjusted gross income limitation under subsection (b) shall 
     not apply to such credit.
                                 ______
                                 
  SA 367. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 467, strike lines 3 though 18, and insert the 
     following:

     SEC. 1151. MODIFICATION OF MONITORING REQUIREMENTS FOR CARBON 
                   DIOXIDE SEQUESTRATION AND EXTENSION OF CREDIT.

       (a) Modification of Monitoring Requirements.--
       (1) In general.--Section 45Q(a)(1)(B) is amended by 
     inserting ``or through other permanent sequestration 
     methods'' after ``secure geological storage''.
       (2) Application of monitoring requirements to carbon 
     dioxide used as a tertiary injectant.--Section 45Q(a)(2) is 
     amended by striking ``and'' at the end of subparagraph (A), 
     by striking the period at the end of subparagraph (B) and 
     inserting ``, and'', and by adding at the end the following 
     new subparagraph:
       ``(C) disposed of by the taxpayer in secure geological 
     storage or through other permanent sequestration methods.''.
       (3) Conforming amendments.--Section 45Q(d)(2) is amended--
       (A) by striking ``geological storage of carbon dioxide 
     under subsection (a)(1)(B)'' and inserting ``geological 
     storage or other permanent sequestration of carbon dioxide 
     under paragraph (1)(B) or (2)(C) of subsection (a)'',
       (B) by striking ``Such term shall include storage at deep 
     saline formations and unminable coal seems'' and inserting 
     ``Such regulations shall include storage at deep saline 
     formations, unminable coal seems, and through other permanent 
     sequestration methods'', and
       (C) by inserting ``and other permanent sequestration 
     methods'' after ``storage'' in the heading.
       (b) Extension of Credit.--Section 45Q(e) is amended by 
     striking ``75,000,000 metric tons'' and inserting 
     ``100,000,000 metric tons''
       (c) Effective Date.--The amendments made by this section 
     shall apply to carbon dioxide captured after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 368. Mr. GRASSLEY (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 625, after line 23, insert the following:
       (c) Elimination of Premium Subsidy for High-Income 
     Individuals.--
       (1) In general.--Notwithstanding subsection (b)(3), an 
     individual who is a covered employee (and any qualified 
     beneficiary of such employee) shall not be treated as an 
     assistance eligible individual for purposes of this section 
     and section 6432 of the Internal Revenue Code of 1986 
     unless--
       (A) the covered employee's modified adjusted gross income 
     for the last taxable year beginning in 2008 does not exceed--
       (i) $125,000 in the case of an individual whose filing 
     status for purposes of the income tax imposed by chapter 1 of 
     such Code is described in subsection (c) or (d) of section 1 
     of such Code (relating to certain unmarried individuals and 
     married individuals filing separate returns), and

[[Page 3022]]

       (ii) $250,000 in the case of an individual whose filing 
     status for purposes of the income tax imposed by chapter 1 of 
     such Code is described in subsection (a) or (b) of section 1 
     of such Code (relating to married individuals filing joint 
     returns and surviving spouses and heads of households), and
       (B) the covered employee provides to the entity to whom 
     premiums are reimbursed under section 6432(a) of such Code a 
     written certification meeting the requirements of paragraph 
     (2).
       (2) Certification requirements.--A certification meets the 
     requirements of this paragraph if such certification 
     contains--
       (A) the name and social security number of the covered 
     employee, and
       (B) an attestation that the covered employee is eligible to 
     receive the subsidy under subsection (b) because the covered 
     employee's modified adjusted gross income for the last 
     taxable year beginning in 2008 is less than the applicable 
     limit under paragraph (1)(A).
       (3) Recapture of subsidy.--If--
       (A) a covered employee's modified adjusted gross income for 
     the last taxable year beginning in 2008 exceeds the 
     applicable limit under paragraph (1)(A), and
       (B) the covered employee (or any qualified beneficiary) 
     received any premium assistance under this section for 1 or 
     more months in a taxable year with respect to any COBRA 
     continuation coverage,
     then the covered employee's tax imposed by chapter 1 of such 
     Code for such taxable year shall be increased by the amount 
     of such assistance.
       (4) Provision of tin to secretary.--Section 6432(e)(1) of 
     the Internal Revenue Code of 1986, as added by subsection 
     (b)(12), is amended by striking ``and'' at the end of 
     subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(C) a report containing the TINs of all covered 
     employees, the amount of subsidy reimbursed with respect to 
     each covered employee and qualified beneficiaries, and a 
     designation with respect to each covered employee as to 
     whether the subsidy reimbursement is for coverage of 1 
     individual or 2 or more individuals.''.
       (5) Modified adjusted gross income.--For purposes of this 
     subsection, the term ``modified adjusted gross income'' means 
     the adjusted gross income (as defined in section 62 of the 
     Internal Revenue Code of 1986) of the taxpayer for the 
     taxable year increased by any amount excluded from gross 
     income under section 911, 931, or 933 of such Code.
       (6) Covered employee; qualified beneficiary.--For purposes 
     of this subsection, the terms ``covered employee'' and 
     ``qualified beneficiary'' have the meanings given such terms 
     by section 4980B of such Code.
                                 ______
                                 
  SA 369. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIREMENTS RELATING TO USE OF CERTAIN FUNDS.

       (a) Definition of Unfinished Project.--In this section, the 
     term ``unfinished project'' means any project carried out by 
     the Corps of Engineers--
       (1) the construction of which has been commenced as of the 
     date of enactment of this Act; and
       (2) that, as of the date of enactment of this Act, is not 
     completed.
       (b) Requirements.--
       (1) Unfinished projects.--
       (A) In general.--Except as provided in subparagraph (B), 
     until the date on which each unfinished project is completed, 
     no amount appropriated or otherwise made available in the 
     matter under the heading ``construction'' under the heading 
     ``Corps of Engineers--Civil'' under the heading ``Department 
     of the Army'' under the heading ``DEPARTMENT OF DEFENSE--
     CIVIL'' of title IV of division A (including any amount 
     resulting from the transfer or reprogramming of any amount 
     described in this subparagraph) shall be available for 
     obligation or expenditure to establish or initiate any new 
     program, project, or activity of the Corps of Engineers.
       (B) Exceptions.--Subparagraph (A) does not apply to any 
     program, project, or activity authorized under--
       (i) section 2 of the Act of August 28, 1937 (33 U.S.C. 
     701g);
       (ii) section 14 of the Flood Control Act of 1946 (33 U.S.C. 
     701r);
       (iii) section 205 of the Flood Control Act of 1948 (33 
     U.S.C. 701s);
       (iv) section 107 of the River and Harbor Act of 1960 (33 
     U.S.C. 577);
       (v) section 111 of the River and Harbor Act of 1968 (Public 
     Law 90-483; 82 Stat. 735);
       (vi) section 1135 of the Water Resources Development Act of 
     1986 (100 Stat. 4251);
       (vii) section 204 of the Water Resources Development Act of 
     1992 (33 U.S.C. 2326); and
       (viii) section 206 of the Water Resources Development Act 
     of 1996 (33 U.S.C. 2330).
       (2) Continuing contracts.--No amount appropriated or 
     otherwise made available in the matter under the heading 
     ``construction'' under the heading ``Corps of Engineers--
     Civil'' under the heading ``Department of the Army'' under 
     the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of title IV of 
     division A (including any amount resulting from the transfer 
     or reprogramming of any amount described in this paragraph) 
     may be used to award any continuing contract (or make a 
     modification to any continuing contract in existence as of 
     the date of enactment of this Act) that commits to a project 
     an amount that is greater than the amount appropriated or 
     otherwise made available for the project under title IV of 
     division A.
       (3) Duty of chief of engineers.--The Chief of Engineers 
     shall prioritize funding for each activity described in this 
     section based on the capability of each activity to fully 
     fund project elements (including contracts for project 
     elements) by not later than 2 years after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 370. Mr. VOINOVICH (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 477, strike line 18 and insert the following:
       (d) Increase in Maximum Increase Amount Under Election to 
     Accelerate the AMT and Research Credits in Lieu of Bonus 
     Depreciation.--Clause (iii) of section 168(k)(4)(C) is 
     amended by striking ``the lesser of'' and all that follows 
     and inserting ``$100,000,000''.
       (e) Effective Dates.--
                                 ______
                                 
  SA 371. Mr. BAYH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, after line 8, insert the following:

     SEC. __. ABOVE-THE-LINE DEDUCTION FOR STATE SALES TAX AND 
                   EXCISE TAX ON THE PURCHASE OF CERTAIN VEHICLES.

       (a) In General.--Subparagraph (A) of section 164(b)(6) 
     (defining qualified motor vehicle taxes), as added by this 
     Act, is amended to read as follows:
       ``(A) In general.--For purposes of this section, the term 
     `qualified motor vehicle taxes' means any State or local 
     sales or excise tax imposed on the purchase of--
       ``(i) a qualified motor vehicle (as defined in section 
     163(h)(5)(D)),
       ``(ii) any motor home or recreational vehicle trailer (as 
     defined in 49 CFR 571.3), or
       ``(iii) any slide-in camper (as defined in 49 CFR 
     575.103).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 372. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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

TITLE XVII--DISCLOSURE OF INFORMATION TO A COMMITTEE OR SUBCOMMITTEE OF 
                                CONGRESS

     SEC. 1701. DISCLOSURE OF INFORMATION UPON THE REQUEST OF 
                   CHAIRPERSON OR RANKING MEMBER.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given 
     under section 551 of title 5, United States Code.
       (2) Record.--The term ``record'' has the meaning given 
     under section 552(f)(2) of title 5, United States Code, and 
     includes a record

[[Page 3023]]

     as defined under section 552a(a)(4) of title 5, United States 
     Code.
       (b) Disclosure.--Notwithstanding any other provision of law 
     (including section 552a(b) of title 5, United States Code), 
     upon the written request by the chairperson or the ranking 
     member of any committee or subcommittee of Congress to any 
     agency which has received funds made available from any 
     appropriation or other authority under this Act (including 
     division B), that agency shall disclose that record to the 
     committee or subcommittee of that chairperson or ranking 
     member.
       (c) Effective Date.--This section shall apply to fiscal 
     year 2009 and each fiscal year thereafter.
                                 ______
                                 
  SA 373. Mr. GRASSLEY (for himself and Mr. Kohl) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 192, after line 21, add the following:

     SEC. 807. CONFLICTS OF INTEREST AND THE NATIONAL INSTITUTES 
                   OF HEALTH.

       (a) Enforcing Conflict of Interest Provisions.--The 
     Director of the National Institutes of Health shall enforce 
     the conflict of interest policies of the National Institutes 
     of Health and respond in a timely manner when such policies 
     have been violated by recipients of grant funds--
       (1) provided under this title; or
       (2) otherwise appropriated for fiscal year 2009.
       (b) Provide Information.--In the case in which the 
     principal investigator for a recipient of a grant awarded 
     with funds provided under this title or otherwise 
     appropriated for fiscal year 2009, that is more than $250,000 
     awarded by the Director of the National Institutes of Health 
     has a conflict of interest, the recipient of the grant shall 
     provide to the Director the following information:
       (1) The degree of the primary investigator's significant 
     financial interest, estimated to the nearest $1,000.
       (2) A detailed report explaining how the recipient of the 
     grant will manage the primary investigator's conflict of 
     interest.
                                 ______
                                 
  SA 374. Mr. INHOFE (for himself, Mrs. Boxer, Mr. Bond, Mr. Vitter, 
Mr. Barrasso, and Mr. Crapo) submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 237, between lines 2 and 3, insert the following:

                        public works supplement

       Notwithstanding section 1602, on September 30, 2009, any 
     discretionary funds up to $50,000,000,000 under this Act that 
     would otherwise expire on September 30, 2009, shall be 
     reserved and remain available for obligation for the purposes 
     of the matter under this heading: Provided, That if the 
     amount reserved is less than $50,000,000,000, not later than 
     13 months after the date of enactment of this Act, an amount 
     of unobligated discretionary funds provided under this Act 
     equal to $50,000,000,000, less the amount reserved on 
     September 30, 2009, shall be proportionally from all 
     unobligated balances transferred to and merged with the funds 
     reserved on September 30, 2009, and be available for 
     additional amounts for capital investments in highways, 
     bridges, and public transportation, and capitalization grants 
     under the Clean Water State Revolving Funds under title VI of 
     the Federal Water Pollution Control Act (33 U.S.C. 1381 et 
     seq.) and the Drinking Water State Revolving Funds under 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12): Provided further, That not later than 11 months after 
     the date of enactment of this Act, each State (as defined in 
     section 101(a) of title 23, United States Code) shall compile 
     and submit to the President a list of projects for which 
     contracts may be awarded during the 120-day period beginning 
     on the date of receipt of funds and that are eligible for 
     funding under title 23 or chapter 53 of title 49, United 
     States Code, the Clean Water State Revolving Funds under 
     title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.), or the Drinking Water State Revolving 
     Funds under section 1452 of the Safe Drinking Water Act (42 
     U.S.C. 300j-12): Provided further, That in compiling surface 
     transportation projects for inclusion in the list submitted 
     to the President, projects that will bring the conditions of 
     roads, bridges, and other transportation system elements up 
     to standard, projects that will result in high, immediate 
     employment, projects that will increase the energy 
     independence of the United States, and projects that will 
     provide long-term economic benefits, should be given special 
     consideration: Provided further, That the President shall 
     distribute to each State an amount equal to the proportion 
     that the cost of the projects listed by the State bears to 
     the cost of all projects listed by all States, multiplied by 
     the amount provided under this heading: Provided further, 
     That the funds so distributed to each State shall be divided 
     among the programs provided for in this heading, in the 
     proportions reflected in the list submitted by the State to 
     the President under this heading, except that a State, in 
     coordination with the President, may adjust the amounts 
     provided among project categories to ensure the ability to 
     award contracts on all of the funds provided to the State 
     within the 120-day period beginning on the date on which the 
     State receives a distribution of funds under this heading: 
     Provided further, That the list submitted by each State shall 
     certify that the projects included on the list reflect a 
     financially constrained State transportation improvement 
     program and transportation improvement program, or the 
     priority list of the State for projects, including projects 
     added after the date of enactment of this Act, to be funded 
     through the Clean Water State Revolving Fund or Drinking 
     Water State Revolving Fund as of the date that is 11 months 
     after the date of enactment of this Act for which the State 
     reasonably expects to award contracts within the 120-day 
     period beginning on the date of distribution of funds to the 
     State: Provided further, That the requirements, including 
     cost-sharing and accounting requirements, applicable to the 
     expenditure of funds made available under this title for the 
     Federal Transit Administration, and to the disbursement of 
     funds made available under title VII of this Act for the 
     Clean Water State Revolving Funds under title VI of the 
     Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) 
     and the Drinking Water State Revolving Funds under section 
     1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), 
     shall apply to amounts made available under this heading: 
     Provided further, That each amount provided in this amendment 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to section 204(a) of S. Con. 
     Res. 21 (110th Congress) and section 301(b)(2) of S. Con. 
     Res. 70 (110th Congress), the concurrent resolutions on the 
     budget for fiscal years 2008 and 2009.
                                 ______
                                 
  SA 375. Mrs. HUTCHISON submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 213, between lines 4 and 5, insert the following:
       ``Sec. 1002. Notwithstanding any other provision of law, 
     the Department of Defense is directed to execute the current 
     Military Construction Five Year Defense Plan within the next 
     three fiscal years.''
                                 ______
                                 
  SA 376. Mr. BAYH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 111, between lines 7 and 8, insert the following:
       For an additional amount for grants, $250,000,000, to be 
     made available through the State Homeland Security Grant 
     Program under section 2004 of the Homeland Security Act of 
     2002 (6 U.S.C. 605) to provide for States to be adequately 
     prepared for the first 72 hours after a major disaster and to 
     be used by States to establish stockpiles of mission critical 
     emergency supplies, such as shelf stable food products, 
     water, and basic medical supplies, and to be allocated in 
     accordance with that section, except that the minimum 
     allocation to each State shall be $2,500,000: Provided, That 
     the additional amount of $250,000,000 appropriated under this 
     heading is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to section 204(a) 
     of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of 
     S. Con. Res. 70 (110th Congress), the concurrent resolutions 
     on the budget for fiscal years 2008 and 2009.
                                 ______
                                 
  SA 377. Mrs. McCASKILL submitted an amendment intended to be proposed

[[Page 3024]]

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

       Strike section 1518 and insert the following:

     SEC. 1518. PROTECTING STATE AND LOCAL GOVERNMENT AND 
                   CONTRACTOR WHISTLEBLOWERS.

       (a) Prohibition of Reprisals.--An employee of any non-
     Federal employer receiving covered funds may not be 
     discharged, demoted, or otherwise discriminated against as a 
     reprisal for disclosing, including a disclosure made in the 
     ordinary course of an employee's duties, to the Board, an 
     inspector general, the Comptroller General, a member of 
     Congress, a State or Federal regulatory or law enforcement 
     agency, a person with supervisory authority over the employee 
     (or such other person working for the employer who has the 
     authority to investigate, discover, or terminate misconduct), 
     a court or grand jury, the head of a Federal agency, or their 
     representatives information that the employee reasonably 
     believes is evidence of--
       (1) gross mismanagement of an agency contract or grant 
     relating to covered funds;
       (2) a gross waste of covered funds;
       (3) a substantial and specific danger to public health or 
     safety;
       (4) an abuse of authority related to the implementation or 
     use of covered funds; or
       (5) a violation of law, rule, or regulation related to an 
     agency contract (including the competition for or negotiation 
     of a contract) or grant, awarded or issued relating to 
     covered funds.
       (b) Investigation of Complaints.--
       (1) In general.--A person who believes that the person has 
     been subjected to a reprisal prohibited by subsection (a) may 
     submit a complaint regarding the reprisal to the appropriate 
     inspector general. Except as provided under paragraph (3), 
     unless the inspector general determines that the complaint is 
     frivolous, does not relate to covered funds, or another 
     Federal or State judicial or administrative proceeding has 
     previously been invoked to resolve such complaint, the 
     inspector general shall investigate the complaint and, upon 
     completion of such investigation, submit a report of the 
     findings of the investigation to the person, the person's 
     employer, the head of the appropriate agency, and the Board.
       (2) Time limitations for actions.--
       (A) In general.--Except as provided under subparagraph (B), 
     the inspector general shall, not later than 180 days after 
     receiving a complaint under paragraph (1)--
       (i) make a determination that the complaint is frivolous, 
     does not relate to covered funds, or another Federal or State 
     judicial or administrative proceeding has previously been 
     invoked to resolve such complaint; or
       (ii) submit a report under paragraph (1).
       (B) Extensions.--
       (i) Voluntary extension agreed to between inspector general 
     and complainant.--If the inspector general is unable to 
     complete an investigation under this section in time to 
     submit a report within the 180-day period specified under 
     subparagraph (A) and the person submitting the complaint 
     agrees to an extension of time, the inspector general shall 
     submit a report under paragraph (1) within such additional 
     period of time as shall be agreed upon between the inspector 
     general and the person submitting the complaint.
       (ii) Extension granted by inspector general.--If the 
     inspector general is unable to complete an investigation 
     under this section in time to submit a report within the 180-
     day period specified under subparagraph (A), the inspector 
     general may extend the period for not more than 180 days 
     without agreeing with the person submitting the complaint to 
     such extension, provided that the Inspector General provides 
     a written explanation (subject to the authority to exclude 
     information under paragraph (5)(C)) for the decision, which 
     shall be provided to both the person submitting the complaint 
     and the non-Federal employer.
       (iii) Semi-annual report on extensions.--The inspector 
     general shall include in semi-annual reports to Congress a 
     list of those investigations for which the inspector general 
     received an extension, including a copy of each written 
     explanation provided with respect to extensions under clause 
     (ii).
       (3) Discretion not to investigate complaints.--
       (A) In general.--The inspector general may decide not to 
     conduct or continue an investigation under this section upon 
     providing to the person submitting the complaint and the non-
     Federal employer a written explanation (subject to the 
     authority to exclude information under paragraph (5)(C)) for 
     such decision.
       (B) Assumption of rights to civil remedy.--Upon receipt of 
     an explanation of a decision not to conduct or continue an 
     investigation under subparagraph (A), the person submitting a 
     complaint shall immediately assume the right to a civil 
     remedy under subsection (c)(2) as if the 210-day period 
     specified under such subsection has already passed.
       (C) Semi-annual report.--The inspector general shall 
     include in semi-annual reports to Congress a list of those 
     investigations the inspector general decided not to conduct 
     or continue under this paragraph, including copies of the 
     written explanations for such decisions not to investigate.
       (4) Burden of proof.--
       (A) Disclosure as contributing factor in reprisal.--
       (i) In general.--A person alleging a reprisal under this 
     section shall be deemed to have affirmatively established the 
     occurrence of the reprisal if the person demonstrates that a 
     disclosure described in subsection (a) was a contributing 
     factor in the reprisal.
       (ii) Use of circumstantial evidence.--A disclosure may be 
     demonstrated as a contributing factor in a reprisal for 
     purposes of this paragraph by circumstantial evidence, 
     including--

       (I) evidence that the official undertaking the reprisal 
     knew of the disclosure; or
       (II) evidence that the reprisal occurred within a period of 
     time after the disclosure such that a reasonable person could 
     conclude that the disclosure was a contributing factor in the 
     reprisal.

       (B) Opportunity for rebuttal.--The inspector general may 
     not find the occurrence of a reprisal with respect to a 
     reprisal that is affirmatively established under subparagraph 
     (A) if the non-Federal employer demonstrates by clear and 
     convincing evidence that the non-Federal employer would have 
     taken the action constituting the reprisal in the absence of 
     the disclosure.
       (5) Access to investigative file of inspector general.--
       (A) In general.--The person alleging a reprisal under this 
     section shall have access to the complete investigation file 
     of the appropriate inspector general in accordance with 
     section 552a of title 5, United States Code (commonly 
     referred to as the ``Privacy Act''). The investigation of the 
     inspector general shall be deemed closed for purposes of 
     disclosure under such section when an employee files an 
     appeal to an agency head or a court of competent 
     jurisdiction.
       (B) Civil action.--In the event the person alleging the 
     reprisal brings suit under subsection (c)(2)(A), the person 
     alleging the reprisal and the non-Federal employer shall have 
     access to the complete investigative file of the Inspector 
     General in accordance with the Privacy Act.
       (C) Exception.--The inspector general may exclude from 
     disclosure--
       (i) information protected from disclosure by a provision of 
     law; and
       (ii) any additional information the inspector general 
     determines disclosure of which would impede a continuing 
     investigation, provided that such information is disclosed 
     once such disclosure would no longer impede such 
     investigation.
       (6) Privacy of information.--An inspector general 
     investigating an alleged reprisal under this section may not 
     respond to any inquiry or disclose any information from or 
     about any person alleging such reprisal, except in accordance 
     with the provisions of section 552a of title 5, United States 
     Code, or as required by any other applicable Federal law.
       (c) Remedy and Enforcement Authority.--
       (1) Agency action.--Not later than 30 days after receiving 
     an inspector general report under subsection (b), the head of 
     the agency concerned shall determine whether there is 
     sufficient basis to conclude that the non-Federal employer 
     has subjected the complainant to a reprisal prohibited by 
     subsection (a) and shall either issue an order denying relief 
     in whole or in part or shall take 1 or more of the following 
     actions:
       (A) Order the employer to take affirmative action to abate 
     the reprisal.
       (B) Order the employer to reinstate the person to the 
     position that the person held before the reprisal, together 
     with the compensation (including back pay), compensatory 
     damages, employment benefits, and other terms and conditions 
     of employment that would apply to the person in that position 
     if the reprisal had not been taken.
       (C) Order the employer to pay the complainant an amount 
     equal to the aggregate amount of all costs and expenses 
     (including attorneys' fees and expert witnesses' fees) that 
     were reasonably incurred by the complainant for, or in 
     connection with, bringing the complaint regarding the 
     reprisal, as determined by the head of the agency or a court 
     of competent jurisdiction.
       (2) Civil action.--
       (A) In general.--If the head of an agency issues an order 
     denying relief in whole or in part under paragraph (1), has 
     not issued an order within 210 days after the submission of a 
     complaint under subsection (b), or in the case of an 
     extension of time under subsection (b)(2)(B)(i), within 30 
     days after the expiration of the extension of time, or 
     decides under subsection (b)(3) not to investigate or to 
     discontinue an investigation, and there is no showing that 
     such delay or decision is due to the bad faith of the 
     complainant, the complainant shall be deemed to have 
     exhausted

[[Page 3025]]

     all administrative remedies with respect to the complaint, 
     and the complainant may bring a de novo action at law or 
     equity against the employer to seek compensatory damages and 
     other relief available under this section in the appropriate 
     district court of the United States, which shall have 
     jurisdiction over such an action without regard to the amount 
     in controversy. Such an action shall, at the request of 
     either party to the action, be tried by the court with a 
     jury.
       (B) Burdens of proof.--In any action under subparagraph 
     (A), the establishment of the occurrence of a reprisal shall 
     be governed by the provisions of subsection (b)(3)(A), 
     including with respect to burden of proof, and the 
     establishment that an action alleged to constitute a reprisal 
     did not constitute a reprisal shall be subject to the burden 
     of proof specified in subsection (b)(4)(C).
       (3) Judicial enforcement of order.--Whenever a person fails 
     to comply with an order issued under paragraph (1), the head 
     of the agency shall file an action for enforcement of such 
     order in the United States district court for a district in 
     which the reprisal was found to have occurred. In any action 
     brought under this paragraph, the court may grant appropriate 
     relief, including injunctive relief, compensatory and 
     exemplary damages, and attorneys fees and costs.
       (4) Judicial review.--Any person adversely affected or 
     aggrieved by an order issued under paragraph (1) may obtain 
     review of the order's conformance with this subsection, and 
     any regulations issued to carry out this section, in the 
     United States court of appeals for a circuit in which the 
     reprisal is alleged in the order to have occurred. No 
     petition seeking such review may be filed more than 60 days 
     after issuance of the order by the head of the agency. Review 
     shall conform to chapter 7 of title 5, United States Code.
       (d) Rule of Construction.--Nothing in this section may be 
     construed to authorize the discharge of, demotion of, or 
     discrimination against an employee for a disclosure other 
     than a disclosure protected by subsection (a) or to modify or 
     derogate from a right or remedy otherwise available to the 
     employee.
       (e) Nonenforceability of Certain Provisions Waiving Rights 
     and Remedies or Requiring Arbitration of Disputes.--
       (1) Waiver of rights and remedies.--Notwithstanding any 
     other provision of law and except as provided under paragraph 
     (3), the rights and remedies provided for in this section may 
     not be waived by any agreement, policy, form, or condition of 
     employment, including by any predispute arbitration 
     agreement.
       (2) Predispute arbitration agreements.--Notwithstanding any 
     other provision of law and except as provided under paragraph 
     (3), no predispute arbitration agreement shall be valid or 
     enforceable if it requires arbitration of a dispute arising 
     under this section.
       (3) Exception for collective bargaining agreements.--
     Notwithstanding paragraphs (1) and (2), an arbitration 
     provision in a collective bargaining agreement shall be 
     enforceable as to disputes arising under the collective 
     bargaining agreement.
       (f) Requirement to Post Notice of Rights and Remedies.--Any 
     employer receiving covered funds shall post notice of the 
     rights and remedies provided under this section.
       (g) Definitions.--In this Act:
       (1) Abuse of authority.--The term ``abuse of authority'' 
     means an arbitrary and capricious exercise of authority by a 
     contracting official or employee that adversely affects the 
     rights of any person, or that results in personal gain or 
     advantage to the official or employee or to preferred other 
     persons.
       (2) Covered funds.--The term ``covered funds'' means any 
     contract, grant, or other payment received by any non-Federal 
     employer if--
       (A) the Federal Government provides any portion of the 
     money or property that is provided, requested, or demanded; 
     and
       (B) at least some of the funds are appropriated or 
     otherwise made available by this Act.
       (3) Employee.--The term ``employee'' means an individual 
     performing services on behalf of an employer.
       (4) Non-federal employer.--The term ``non-Federal 
     employer'' means any employer--
       (A) with respect to any contract, grant, or direct payment 
     issued by the Federal Government--
       (i) the contractor, subcontractor, grantee, or recipient, 
     as the case may be, if the contractor, grantee, or recipient 
     is an employer;
       (ii) any professional membership organization, 
     certification or other professional body, any agency or 
     licensee of the Federal government, or any person acting 
     directly or indirectly in the interest of an employer 
     receiving Federal funds; or
       (B) with respect to covered funds received by a State or 
     local government, the State or local government receiving the 
     funds and any contractor or subcontractor of the State or 
     local government.
       (5) State or local government.--The term ``State or local 
     government'' means--
       (A) the government of each of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Northern Mariana Is 
     Lands, or any other territory or possession of the United 
     States; or
       (B) the government of any political subdivision of a 
     government listed in subparagraph (A).
                                 ______
                                 
  SA 378. Mr. CASEY (for himself, Mr. Specter, Mr. Leahy, Mr. Dodd, Mr. 
Schumer, and Mr. Kerry) submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 252, line 4, after ``activities:'' insert the 
     following: ``Provided further, That of the funds provided 
     under this heading, $30,000,000 shall be made available to 
     the Secretary to make grants to provide a full range of legal 
     assistance to low- and moderate-income homeowners or tenants 
     related to home ownership preservation, home foreclosure 
     prevention, and tenancy associated with home foreclosure: 
     Provided further, That the Secretary shall allocate such 
     funds on the basis of a competitive grant process to provide 
     financial assistance to State and local legal organizations: 
     Provided further, That in allocating amounts under the prior 
     proviso that the Secretary give priority consideration to 
     State and local legal organizations that are operating in the 
     100 metropolitan statistical areas (as that term is defined 
     by the Director of the Office of Management and Budget) with 
     the highest home foreclosure rates: Provided further, That 
     any State or local legal organization that receives financial 
     assistance pursuant to this heading shall have the capacity 
     to assist homeowners of owner-occupied homes with mortgages 
     in default, in danger of default, or subject to or at risk of 
     foreclosure, or tenants at risk of or subject to eviction as 
     a result of foreclosure of the property in which such tenant 
     resides, and that such organizations shall have the capacity 
     to begin using any financial assistance received under this 
     heading within 90 days after receipt of the assistance: 
     Provided further, That no funds provided to a State or local 
     legal organization under this heading shall be used to 
     support class action litigation: Provided further, That legal 
     assistance funded with amounts provided under this heading 
     shall be limited to mortgage-related default, eviction, or 
     foreclosure proceedings, whether in a judicial or non-
     judicial foreclosure:''.
       On page 431, between lines 8 and 9, insert the following:

     SEC. 1607. NEIGHBORHOOD STABILIZATION PROGRAM REFINEMENTS.

       (a) In General.--Section 2301 of the Foreclosure Prevention 
     Act of 2008 (42 U.S.C. 5301 note) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(5) Distribution of funds in certain states; competition 
     for funds.--Each State that receives the minimum allocation 
     of amounts pursuant to the requirement under section 2302 
     shall be permitted to use such amounts to address statewide 
     concerns, provided that such amounts are made available for 
     an eligible use described under paragraphs (3) and (4) of 
     subsection (c).''; and
       (2) in subsection (c), by adding at the end the following:
       ``(4) Foreclosure prevention.--Each State and unit of 
     general local government that receives an allocation of 
     amounts pursuant to section 2302 may use up to 10 percent of 
     such amounts for foreclosure prevention programs, activities, 
     and services, as such programs, activities, and services are 
     defined by the Secretary.''.
       (b) Retroactive Effective Date.--The amendments made by 
     subsection (a) shall take effect as if enacted on the date of 
     enactment of the Foreclosure Prevention Act of 2008 (Public 
     Law 110-289).
                                 ______
                                 
  SA 379. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, after line 8, insert the following:

     SEC. --. MODIFICATION OF RESEARCH CREDIT.

       (a) Simplified Credit for Qualified Research Expenses.--
     Subsection (a) of section 41 is amended to read as follows:
       ``(a) General Rule.--
       ``(1) Credit determined.--For purposes of section 38, the 
     research credit determined under this section for the taxable 
     year shall be an amount equal to 20 percent of so much of the 
     qualified research expenses for the

[[Page 3026]]

     taxable year as exceeds 50 percent of the average qualified 
     research expenses for the 3 taxable years preceding the 
     taxable year for which the credit is being determined.
       ``(2) Special rule in case of no qualified research 
     expenses in any of 3 preceding taxable years.--
       ``(A) Taxpayers to which paragraph applies.--The credit 
     under this section shall be determined under this paragraph 
     if the taxpayer has no qualified research expenses in any one 
     of the 3 taxable years preceding the taxable year for which 
     the credit is being determined.
       ``(B) Credit rate.--The credit determined under this 
     paragraph shall be equal to 10 percent of the qualified 
     research expenses for the taxable year.''.
       (b) Conforming Amendments.--
       (1) Termination of alternative incremental credit.--
     Paragraph (4) of subsection (c) is amended by adding at the 
     end the following new subparagraph:
       ``(C) Termination.--No election under this paragraph shall 
     apply to taxable years beginning after December 31, 2008.''.
       (2) Termination of base amount calculation.--Section 41 is 
     amended by striking subsection (c) and redesignating 
     subsection (d) as subsection (c).
       (3) Termination of basic research payment calculation.--
     Section 41 is amended by striking subsection (e) and 
     redesignating subsections (f) and (g) as subsections (d) and 
     (e), respectively.
       (4) Special rules.--
       (A) Paragraph (1)(A)(ii) of subsection (d) of section 41, 
     as so redesignated, is amended by striking ``shares of the 
     qualified research expenses, basic research payments, and 
     amounts paid or incurred to energy research consortiums,'' 
     and inserting ``share of the qualified research expenses''.
       (B) Paragraph (1)(B)(ii) of section 41(d), as so 
     redesignated, is amended by striking ``shares of the 
     qualified research expenses, basic research payments, and 
     amounts paid or incurred to energy research consortiums,'' 
     and inserting ``share of the qualified research expenses''.
       (C) Paragraph (3) of section 41(d), as so redesignated, is 
     amended--
       (i) by striking ``, and the gross receipts of the 
     taxpayer'' and all that follows in subparagraph (A) and 
     inserting a period,
       (ii) by striking ``, and the gross receipts of the 
     taxpayer'' and all that follows in subparagraph (B) and 
     inserting a period, and
       (iii) by striking subparagraph (C).
       (D) Paragraph (4) of section 41(d), as so redesignated, is 
     amended by striking ``and gross receipts''.
       (E) Subsection (d) of section 41, as so redesignated, is 
     amended by striking paragraph (6).
       (5) Termination of increased credit for energy research.--
     Section 41, as amended by section 1131 of this Act, is 
     amended by striking subsection (h).
       (6) Permanent extension.--Section 41, as amended by section 
     1131 of this Act, is amended by striking subsection (i).
       (7) Cross references.--
       (A) Paragraphs (2)(A) and (4) of section 41(b) are each 
     amended by striking ``subsection (f)(1)'' and inserting 
     ``subsection (d)(1)''.
       (B) Paragraph (1) of section 45C(b) is amended by striking 
     subparagraph (D).
       (C) Subsection (c) of section 45C is amended to read as 
     follows:
       ``(c) Coordination With Credit for Increasing Research 
     Expenditures.--Any qualified clinical testing expenses for a 
     taxable year to which an election under this section applies 
     shall not be taken into account for purposes of determining 
     the credit allowable under section 41 for such taxable 
     year.''.
       (D) Paragraph (3) of section 45C(d) is amended by striking 
     ``section 41(f)'' and inserting ``section 41(d)''.
       (E) Paragraph (2) of section 45G(e) is amended by striking 
     ``section 41(f)'' and inserting ``section 41(d)''.
       (F) Subsection (g) of section 45O is amended by striking 
     ``section 41(f)'' and inserting ``section 41(d)''.
       (G) Subparagraph (A) of section 54(l)(3) is amended by 
     striking ``section 41(g)'' and inserting ``section 41(e)''.
       (H) Clause (i) of section 170(e)(4)(B) is amended by 
     striking ``subparagraph (A) or subparagraph (B) of section 
     41(e)(6)'' and inserting ``clause (i) or clause (ii) of 
     section 41(b)(4)(C)''.
       (I) Subsection (f) of section 197 is amended by striking 
     ``section 41(f)(1)'' each place it appears in paragraphs 
     (1)(C) and (9)(C)(i) and inserting ``section 41(d)(1)''.
       (J) Section 280C is amended--
       (i) by striking ``41(f)'' each place it appears in 
     subsection (b)(3) and inserting ``41(d)'',
       (ii) by striking ``or basic research expenses (as defined 
     in section 41(e)(2))'' in subsection (c)(1) and inserting 
     ``or basic research payments (as defined in section 
     41(b)(4)(B))'',
       (iii) by striking ``section 41(a)(1)'' in subsection 
     (c)(2)(A) and inserting ``section 41(a)'', and
       (iv) by striking ``or basic research expenses'' in 
     subsection (c)(2)(B) and inserting ``or basic research 
     payments''.
       (K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is amended 
     by striking ``section 41(f)'' and inserting ``section 
     41(d)''.
       (L) Subparagraph (D) of section 936(j)(5) is amended by 
     striking ``section 41(f)(3)'' and inserting ``section 
     41(d)(3)''.
       (M) Clause (i) of section 965(c)(2)(C) is amended by 
     striking ``section 41(f)(3)'' and inserting ``section 
     41(d)(3)''.
       (N) Subparagraph (C) of section 1202(e)(2) is amended by 
     striking ``section 41(b)(4)'' and inserting ``section 
     41(b)(5)''.
       (O) Clause (i) of section 1400N(l)(7)(B) is amended by 
     striking ``section 41(g)'' and inserting ``section 41(e)''.
       (c) Technical Corrections.--Section 409 is amended--
       (1) by inserting ``, as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' 
     in subsection (b)(1)(A),
       (2) by inserting ``, as in effect before the enactment of 
     the Tax Reform Act of 1984'' after ``relating to the employee 
     stock ownership credit'' in subsection (b)(4),
       (3) by inserting ``(as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' 
     in subsection (i)(1)(A),
       (4) by inserting ``(as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' 
     in subsection (m),
       (5) by inserting ``(as so in effect)'' after ``section 
     48(n)(1)'' in subsection (m),
       (6) by inserting ``(as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 48(n)'' in 
     subsection (q)(1), and
       (7) by inserting``(as in effect before the enactment of the 
     Tax Reform Act of 1984)'' after ``section 41'' in subsection 
     (q)(3).
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the amendments made by this section shall apply to 
     taxable years beginning after December 31, 2019.
       (2) Termination.--The amendments made by paragraphs (1) and 
     (6) of subsection (b) shall apply to taxable years beginning 
     after December 31, 2009.
       (3) Technical corrections.--The amendments made by 
     subsection (c) shall take effect on the date of the enactment 
     of this Act.
       On page 435, beginning on line 4, strike through page 441, 
     line 15.
                                 ______
                                 
  SA 380. Mr. GRASSLEY (for himself, Ms. Mikulski, and Mr. Shelby) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 57, between lines 5 and 6, insert the following:

     SEC. 203. NATIONAL SCIENCE FOUNDATION OPERATIONS AND AWARD 
                   MANAGEMENT.

       Of the funds made available for fiscal year 2009 for the 
     Office of the Director of the National Science Foundation, 
     $3,000,000 shall not be available for obligation until--
       (1) the Director of the National Science Foundation submits 
     to Congress a report detailing steps the National Science 
     Foundation has taken to implement immediately all of the 
     recommendations made by the Inspector General in the 
     September 2008 semiannual report and in the July 14, 2008, 
     Management Implication Report addressing IT security 
     awareness, policies prohibiting gender discrimination and 
     retaliation;
       (2) the Director of the National Science Foundation submits 
     to Congress a report detailing the steps that the National 
     Science Foundation has taken to remove, and prevent employees 
     from accessing, inappropriate adult content from National 
     Science Foundation computers and servers; and
       (3) the National Science Board hires an independent general 
     counsel.
                                 ______
                                 
  SA 381. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 360, line 6, add after the period the following: 
     ``In promulgating such regulations, the Secretary may not 
     eliminate from the definition of health care operations 
     activities that are conducted for the purpose of improving 
     the quality of care provided to patients or facilitating the 
     delivery of quality patient care.''.
                                 ______
                                 
  SA 382. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental

[[Page 3027]]

appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 364, strike line 23 and all that follows through 
     line 3 on page 365 and insert the following:
       such communication;
       (C) where such communication describes only a health care 
     item or service that has previously been prescribed for or 
     administered to the recipient of the communication, or a 
     family member of such recipient; and
       (D) where such communication is for the purpose of making 
     patients aware of alternative treatment options, including 
     such options which may be cheaper or more effective for that 
     individual patient.
                                 ______
                                 
  SA 383. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 360, line 6, add after the period the following: 
     ``In promulgating such regulations, the Secretary may not 
     eliminate from the definition of health care operations 
     activities that are conducted for the purpose of preventing 
     fraud and abuse.''.
                                 ______
                                 
  SA 384. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 268, between lines 19 and 20, insert the following:
       ``(2) ensures that parents and legal guardians have the 
     right to access all of their unemancipated minor child's 
     reproductive health information, except in cases of child 
     abuse, child molestation, sexual abuse, and incest;
       ``(3) ensures that law enforcement officials may subpoena 
     health information for State or Federal criminal 
     investigations of child abuse, child molestation, sexual 
     abuse, rape, statutory rape, and incest;''.
       On page 271, between lines 23 and 24, insert the following:
       ``(iv) The incorporation of parental rights and access to 
     all reproductive health information of unemancipated minor 
     children, except in cases of child abuse, child molestation, 
     sexual abuse, and incest.
       ``(v) Ensuring that law enforcement officials may subpoena 
     health information for State or Federal criminal 
     investigations of child abuse, child molestation, sexual 
     abuse, rape, statutory rape, and incest.''.
                                 ______
                                 
  SA 385. Mr. COBURN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 723, between lines 22 and 23, insert the following:
       (3) Participation in perm; penalty for excess error rate.--
     As a condition of receiving additional Federal funds under 
     this section, a State shall agree to the following:
       (A) PERM.--With respect to fiscal year 2010 and the first 
     quarter of fiscal year 2011, the State shall participate in 
     the Medicaid payment error rate measurement (PERM) process 
     for such fiscal year and quarter, regardless of whether the 
     State is scheduled to do so under the State participation 
     rotational cycle for such process in effect on the date of 
     enactment of this Act.
       (B) Penalty.--If, with respect to all or any portion of a 
     fiscal year that occurs during the recession adjustment 
     period, the most recent PERM determined for the State under 
     Medicaid exceeds 5 percent, the State shall pay the Secretary 
     a penalty equal to the product of the total amount of 
     additional Federal funds paid to the State as a result of 
     this section for such fiscal year and the number of 
     percentage points by which the PERM determined for the State 
     for that fiscal year exceeds 5 percent.
                                 ______
                                 
  SA 386. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 292, strike line 4 and all that follows 
     through line 6 on page 293, and insert the following:

     ``SEC. 3007. FEDERAL HEALTH INFORMATION TECHNOLOGY.

       ``(a) In General.--The National Coordinator, in 
     consultation with other appropriate Federal agencies, shall 
     support the development and routine updating of qualified 
     electronic health record technology (as defined in section 
     3000) for any Federal agency that is engaged in such 
     activities on the date of enactment of this title, and shall 
     also provide qualified electronic health record technologies, 
     consistent with subsections (b) and (c), but only if such 
     qualified electronic health record technology uses open 
     standards and the Secretary and the HIT Policy Committee 
     first determine that the needs and demands of providers are 
     not being substantially and adequately met through the 
     marketplace.
       ``(b) Certification.--In making qualified electronic health 
     record technology publicly available under subsection (a), 
     the National Coordinator shall ensure that the qualified 
     electronic health record technology described in such 
     subsection is certified under the program developed under 
     section 3001(c)(5) to be in compliance with applicable 
     standards adopted under section 3004.
       ``(c) Authorization to Charge a Nominal Fee.--The National 
     Coordinator may impose a nominal fee for the adoption by a 
     health care provider of the qualified electronic health 
     record technology system provided for under subsection (a). 
     Such fee shall take into account the financial circumstances 
     of smaller providers, low income providers, and providers 
     located in rural or other medically underserved areas.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to require that a private or government entity 
     adopt or use the technology provided for under this section.
       ``(e) Definition.--In this section, the term `not being 
     substantially and adequately met through the marketplace' 
     means that the Secretary and the HIT Policy Committee have 
     determined, through a comprehensive market survey or other 
     assessment as the Secretary determines appropriate, that 
     certified technologies are either not available or are not in 
     widespread use in the marketplace. In order to ensure that 
     providers of qualified electronic health record technologies 
     have adequate opportunity to comply with applicable standards 
     adopted under section 3003(a), the Secretary shall undertake 
     such market survey or assessment not earlier than 12 months 
     after the date on which such standards are adopted and 
     promulgated.''.
                                 ______
                                 
  SA 387. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 720, strike line 19 and all that follows 
     through page 722, line 18, and insert the following:
       (1) Maintenance of effort requirements.--
       (A) In general.--No State shall be eligible for an 
     increased FMAP rate under this section for any fiscal year 
     quarter during the recession adjustment period if the 
     Secretary determines, with respect to the State plan under 
     title XIX of the Social Security Act (including any waiver 
     under such title or under section 1115 of such Act (42 U.S.C. 
     1315)) and any fiscal year quarter during such period, any of 
     the following:
       (i) Eligibility.--Any reduction in eligibility standards, 
     methodologies, or procedures under such State plan or waiver.
       (ii) Benefits.--Any reduction in the type, amount, 
     duration, or scope of benefits provided under such State plan 
     or waiver.
       (iii) Provider payments.--Any reduction in provider 
     payments under such State plan or waiver, including the 
     aggregate or per service amount paid to any provider and the 
     amount and extent of beneficiary cost-sharing imposed.
       (B) Exception for reduction made for purposes of preventing 
     fraud.--A State shall not be ineligible under subparagraph 
     (A) if the Secretary determines, with respect

[[Page 3028]]

     to the State plan under title XIX of the Social Security Act 
     (including any waiver under such title or under section 1115 
     of such Act (42 U.S.C. 1315)) and any fiscal year quarter 
     during such period, that any reductions described in 
     subparagraph (A) that are made by the State for any such 
     quarter are for purposes of preventing fraud under the State 
     plan or waiver.
                                 ______
                                 
  SA 388. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 674, between lines 17 and 18, insert the following:
       (f) Impact on Trust Funds.--The Board of Trustees of the 
     Federal Hospital Insurance Trust Fund under section 1817 of 
     the Social Security Act (42 U.S.C. 1395i) and the Federal 
     Supplementary Medical Insurance Trust Fund under section 1841 
     of such Act (42 U.S.C. 1395t) shall include in the annual 
     report submitted in 2010 under subsection (b)(2) of such 
     sections 1817 and 1841 a description of the estimated short-
     term and long-term impact that the provisions of, and 
     amendments made by, this subtitle will have on such Trust 
     Funds.
                                 ______
                                 
  SA 389. Mr. ALEXANDER (for himself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 143, between lines 9 and 10, insert the following:

                       Innovation and Improvement

       For an additional amount for ``Innovation and Improvement'' 
     to carry out subpart 2 of part B of title V of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7223 et seq.), 
     $25,000,000.
       On page 391, line 5, strike ``$79,000,000,000'' and insert 
     ``$78,975,000,000''.
                                 ______
                                 
  SA 390. Ms. SNOWE (for herself and Mr. Wyden) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of division B, add the following:

     TITLE VI--INCREASED LENDING BY ASSISTED FINANCIAL INSTITUTIONS

     SEC. 6001. LENDING REQUIREMENTS.

       Section 113(a) of the Emergency Economic Stabilization Act 
     of 2008 (12 U.S.C. 5223(a)) is amended by adding at the end 
     the following:
       ``(4) Lending requirements.--
       ``(A) In general.--The Secretary may not exercise the 
     authority to provide assistance under the TARP with respect 
     to a financial institution, unless, to the extent that such 
     financial institution is without major capital shortfalls--
       ``(i) the financial institution certifies in writing that 
     it will increase lending above the lending levels in place at 
     the time of the provision of the assistance; and
       ``(ii) in the case of a financial institution that has 
     previously received assistance under the TARP, the financial 
     institution has increased its lending levels above the 
     lending levels in place immediately prior to having received 
     the previous disbursement.
       ``(B) Repayment required.--If the Secretary finds that a 
     financial institution that is required to comply with the 
     lending requirements of subparagraph (A) is not making 
     sufficient progress toward achieving such requirements, the 
     Secretary shall require immediate repayment of the assistance 
     provided under the TARP.''.
                                 ______
                                 
  SA 391. Ms. SNOWE (for herself and Mr. Pryor) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

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


      assistance to communities affected by defense base closures

       Sec. 1607.  It is the sense of Congress that--
       (1) during even the best of economic times, the closure or 
     realignment of a military installation can devastate a local 
     economy, and in our current economy, it will be even more 
     difficult for those communities to redevelop and stem job 
     losses; and
       (2) particular consideration should be given to providing 
     assistance and relief under this Act to communities affected 
     by the closure or realignment of military installations.
                                 ______
                                 
  SA 392. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 250, line 24, after ``Urban Development'' insert 
     the following: ``and that priority shall be given to housing 
     disaster areas, which for purposes of this heading shall mean 
     areas having both a high rate of foreclosure during the last 
     12 months preceding the date of the enactment of this Act, as 
     measured by percentage or number of home mortgages in or 
     having gone through foreclosure during such period as 
     compared to other areas, and a substantial decline in home 
     prices during such 12-month period, as measured by the 
     Director of the Federal Housing Finance Agency (or the 
     Director of the Office of Federal Housing Enterprise and 
     Oversight) as compared to other areas: Provided further, That 
     not less than 25 percent of the amounts made available under 
     this heading be directed to housing disaster areas, as such 
     areas are described in the prior proviso''

                                 ______
                                 
  SA 393. Mr. JOHNSON submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 200, strike line 16 and all that follows 
     through page 213, line 4, and insert the following:


                        administrative provision

       Sec. 1001.  (a) Temporary Expansion of Homeowners 
     Assistance Plan To Respond to Mortgage Foreclosure and Credit 
     Crisis.--Section 1013 of the Demonstration Cities and 
     Metropolitan Development Act of 1966 (42 U.S.C. 3374) is 
     amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     clauses (i), (ii), and (iii), respectively, and indenting 
     such subparagraphs, as so redesignated, 6 ems from the left 
     margin;
       (B) by striking ``Notwithstanding any other provision of 
     law'' and inserting the following:
       ``(1) Acquisition of property at or near military 
     installations that have been ordered to be closed.--
     Notwithstanding any other provision of law'';
       (C) by striking ``if he determines'' and inserting ``if--
       ``(A) the Secretary determines--'';
       (D) in clause (iii), as redesignated by subparagraph (A), 
     by striking the period at the end and inserting ``; or''; and
       (E) by adding at the end the following:
       ``(B) the Secretary determines--
       ``(i) that the conditions in clauses (i) and (ii) of 
     subparagraph (A) have been met;
       ``(ii) that the closing or realignment of the base or 
     installation resulted from a realignment or closure carried 
     out under the 2005 round of defense base closure and 
     realignment under the Defense Base Closure and Realignment 
     Act of 1990 (part XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note);
       ``(iii) that the property was purchased by the owner before 
     July 1, 2006;
       ``(iv) that the property was sold by the owner between July 
     1, 2006, and September 30, 2012, or an earlier end date 
     designated by the Secretary;
       ``(v) that the property is the primary residence of the 
     owner; and
       ``(vi) that the owner has not previously received benefit 
     payments authorized under this subsection.
       ``(2) Homeowner assistance for wounded members of the armed 
     forces, department

[[Page 3029]]

     of defense and united states coast guard civilian employees, 
     and their spouses.--Notwithstanding any other provision of 
     law, the Secretary of Defense is authorized to acquire title 
     to, hold, manage, and dispose of, or, in lieu thereof, to 
     reimburse for certain losses upon private sale of, or 
     foreclosure against, any property improved with a one- or 
     two-family dwelling which was at the time of the relevant 
     wound, injury, or illness, the primary residence of--
       ``(A) any member of the Armed Forces in medical transition 
     who--
       ``(i) incurred a wound, injury, or illness in the line of 
     duty during a deployment in support of the Armed Forces;
       ``(ii) is disabled to a degree of 30 percent or more as a 
     result of one impairment, injury, or illness, as determined 
     by the Secretary of Defense or the Secretary of Veterans 
     Affairs; and
       ``(iii) is reassigned in furtherance of medical treatment 
     or rehabilitation, or due to medical retirement in connection 
     with such disability;
       ``(B) any civilian employee of the Department of Defense or 
     the United States Coast Guard who--
       ``(i) was wounded, injured, or became ill in the 
     performance of his or her duties during a forward deployment 
     occurring on or after September 14, 2001, in support of the 
     Armed Forces; and
       ``(ii) is reassigned in furtherance of medical treatment, 
     rehabilitation, or due to medical retirement resulting from 
     the sustained disability; or
       ``(C) the spouse of a member of the Armed Forces or a 
     civilian employee of the Department of Defense or the United 
     States Coast Guard if--
       ``(i) the member or employee was killed in the line of duty 
     during a deployment on or after September 14, 2001, in 
     support of the Armed Forces or died from a wound, injury, or 
     illness incurred in the line of duty during such a 
     deployment; and
       ``(ii) the spouse relocates from such residence within 2 
     years after the death of such member or employee.
       ``(3) Temporary homeowner assistance for members of the 
     armed forces permanently reassigned during specified mortgage 
     crisis.--Notwithstanding any other provision of law, the 
     Secretary of Defense is authorized to acquire title to, hold, 
     manage, and dispose of, or, in lieu thereof, to reimburse for 
     certain losses upon private sale of, or foreclosure against, 
     any property improved with a one- or two-family dwelling 
     situated at or near a military base or installation, if the 
     Secretary determines--
       ``(A) that the owner is a member of the Armed Forces 
     serving on permanent assignment;
       ``(B) that the owner is permanently reassigned by order of 
     the United States Government to a duty station or home port 
     outside a 50-mile radius of the base or installation;
       ``(C) that the reassignment was ordered between February 1, 
     2006, and September 30, 2012, or an earlier end date 
     designated by the Secretary;
       ``(D) that the property was purchased by the owner before 
     July 1, 2006;
       ``(E) that the property was sold by the owner between July 
     1, 2006, and September 30, 2012, or an earlier end date 
     designated by the Secretary;
       ``(F) that the property is the primary residence of the 
     owner; and
       ``(G) that the owner has not previously received benefit 
     payments authorized under this subsection.'';
       (2) in subsection (b), by striking ``this section'' each 
     place it appears and inserting ``subsection (a)(1)'';
       (3) in subsection (c)--
       (A) by striking ``Such persons'' and inserting the 
     following:
       ``(1) Homeowner assistance related to closed military 
     installations.--
       ``(A) In general.--Such persons'';
       (B) by striking ``set forth above shall elect either (1) to 
     receive'' and inserting the following: ``set forth in 
     subsection (a)(1) shall elect either--
       ``(i) to receive'';
       (C) by striking ``difference between (A) 95 per centum'' 
     and all that follows through ``(B) the fair market value'' 
     and inserting the following: ``difference between--

       ``(I) 95 per centum of the fair market value of their 
     property (as such value is determined by the Secretary of 
     Defense) prior to public announcement of intention to close 
     all or part of the military base or installation; and
       ``(II) the fair market value'';

       (D) by striking ``time of the sale, or (2) to receive'' and 
     inserting the following: ``time of the sale; or
       ``(ii) to receive'';
       (E) by striking ``outstanding mortgages. The Secretary may 
     also pay a person who elects to receive a cash payment under 
     clause (1) of the preceding sentence an amount'' and 
     inserting ``outstanding mortgages.
       ``(B) Reimbursement of expenses.--The Secretary may also 
     pay a person who elects to receive a cash payment under 
     subparagraph (A) an amount''; and
       (F) by striking ``best interest of the Federal Government. 
     Cash payment'' and inserting the following: ``best interest 
     of the United States.
       ``(2) Homeowner assistance for wounded individuals and 
     their spouses.--
       ``(A) In general.--Persons eligible under the criteria set 
     forth in subsection (a)(2) may elect either--
       ``(i) to receive a cash payment as compensation for losses 
     which may be or have been sustained in a private sale, in an 
     amount not to exceed the difference between--

       ``(I) 95 per centum of prior fair market value of their 
     property (as such value is determined by the Secretary of 
     Defense); and
       ``(II) the fair market value of such property (as such 
     value is determined by the Secretary of Defense) at the time 
     of sale; or

       ``(ii) to receive, as purchase price for their property an 
     amount not to exceed 90 per centum of prior fair market value 
     as such value is determined by the Secretary of Defense, or 
     the amount of the outstanding mortgages.
       ``(B) Determination of benefits.--The Secretary may also 
     pay a person who elects to receive a cash payment under 
     subparagraph (A) an amount that the Secretary determines 
     appropriate to reimburse the person for the costs incurred by 
     the person in the sale of the property if the Secretary 
     determines that such payment will benefit the person and is 
     in the best interest of the United States.
       ``(3) Homeowner assistance for permanently reassigned 
     individuals.--
       ``(A) In general.--Persons eligible under the criteria set 
     forth in subsection (a)(3) may elect either--
       ``(i) to receive a cash payment as compensation for losses 
     which may be or have been sustained in a private sale, in an 
     amount not to exceed the difference between--

       ``(I) 95 per centum of prior fair market value of their 
     property (as such value is determined by the Secretary of 
     Defense); and
       ``(II) the fair market value of such property (as such 
     value is determined by the Secretary of Defense) at the time 
     of sale; or

       ``(ii) to receive, as purchase price for their property an 
     amount not to exceed 90 per centum of prior fair market value 
     as such value is determined by the Secretary of Defense, or 
     the amount of the outstanding mortgages.
       ``(B) Determination of benefits.--The Secretary may also 
     pay a person who elects to receive a cash payment under 
     subparagraph (A) an amount that the Secretary determines 
     appropriate to reimburse the person for the costs incurred by 
     the person in the sale of the property if the Secretary 
     determines that such payment will benefit the person and is 
     in the best interest of the United States.
       ``(4) Compensation and limitations related to foreclosures 
     and encumbrances.--Cash payment'';
       (4) by striking subsection (g);
       (5) in subsection (l), by striking ``(a)(2)'' and inserting 
     ``(a)(1)(A)(ii)'';
       (6) in subsection (m), by striking ``this section'' and 
     inserting ``subsection (a)(1)'';
       (7) in subsection (n)--
       (A) in paragraph (1), by striking ``this section'' and 
     inserting ``subsection (a)(1)''; and
       (B) in paragraph (2), by striking ``this section'' and 
     inserting ``subsection (a)(1)'';
       (8) in subsection (o)--
       (A) in paragraph (1), by striking ``this section'' and 
     inserting ``subsection (a)(1)'';
       (B) in paragraph (2), by striking ``this section'' and 
     inserting ``subsection (a)(1)''; and
       (C) by striking paragraph (4); and
       (9) by adding at the end the following new subsection:
       ``(p) Definitions.--In this section:
       ``(1) the term `Armed Forces' has the meaning given the 
     term `armed forces' in section 101(a) of title 10, United 
     States Code;
       ``(2) the term `civilian employee' has the meaning given 
     the term `employee' in section 2105(a) of title 5, United 
     States Code;
       ``(3) the term `medical transition', in the case of a 
     member of the Armed Forces, means a member who--
       ``(A) is in Medical Holdover status;
       ``(B) is in Active Duty Medical Extension status;
       ``(C) is in Medical Hold status;
       ``(D) is in a status pending an evaluation by a medical 
     evaluation board;
       ``(E) has a complex medical need requiring six or more 
     months of medical treatment; or
       ``(F) is assigned or attached to an Army Warrior Transition 
     Unit, an Air Force Patient Squadron, a Navy Patient 
     Multidisciplinary Care Team, or a Marine Patient Affairs 
     Team/Wounded Warrior Regiment; and
       ``(4) the term `nonappropriated fund instrumentality 
     employee' means a civilian employee who--
       ``(A) is a citizen of the United States; and
       ``(B) is paid from nonappropriated funds of Army and Air 
     Force Exchange Service, Navy Resale and Services Support 
     Office, Marine Corps exchanges, or any other instrumentality 
     of the United States under the jurisdiction of the Armed 
     Forces which is conducted for the comfort, pleasure, 
     contentment, or physical or mental improvement of members of 
     the Armed Forces.''.
       (b) Clerical Amendment.--Such section is further amended in 
     the section heading by inserting ``and certain property owned 
     by members of the Armed Forces, Department of Defense and 
     United States Coast Guard civilian employees, and surviving 
     spouses'' after ``ordered to be closed''.

[[Page 3030]]

       (c) Authority To Use Appropriated Funds.--Notwithstanding 
     subsection (i) of such section, amounts appropriated or 
     otherwise made available by this title under the heading 
     ``Homeowners Assistance Fund'' may be used for the Homeowners 
     Assistance Fund established under such section.
                                 ______
                                 
  SA 394. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 162, strike lines 4 through 6 and insert the 
     following: ``will increase the energy efficiency of the 
     institution's facilities or are consistent with applicable 
     provisions  of--''

       ``(I) the LEED Green Building Rating System;
       ``(II) Energy Star (as defined in section 804(i));
       ``(III) Green Globes (as defined in section 804(i)); or
       ``(IV) an equivalent program adopted by the State or 
     another jurisdiction with authority over the institution.''.

       On page 178 , line 17, insert ``that increase the energy 
     efficiency of the buildings and'' after ``construction 
     projects''.
       On page 182, line 5, insert ``increase energy efficiency 
     and'' after ``will''.
                                 ______
                                 
  SA 395. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 548, line 14, insert ``(40 percent in the case of 
     an issuer described in section 148(f)(4)(D) (determined 
     without regard to clauses (v), (vi), and (vii) thereof and by 
     substituting `$30,000,000' for `$5,000,000' each place it 
     appears therein)'' after ``date''.
       On page 552, line 13, insert ``(40 percent in the case of 
     an issuer described in section 148(f)(4)(D) (determined 
     without regard to clauses (v), (vi), and (vii) thereof and by 
     substituting `$30,000,000' for `$5,000,000' each place it 
     appears therein)'' after ``date''.
                                 ______
                                 
  SA 396. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 192, after line 21, insert the following:

     SEC. 807. HEALTH CARE WORKFORCE DATA COLLECTION PROGRAM.

       (a) Grant Program Authorized.--
       (1) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall award grants to State or nonprofit 
     private entities for the purpose of collecting reliable, 
     uniform data regarding the health care workforce in each 
     State or region.
       (2) Duration.--A grant awarded under this section shall be 
     for a 3-year period.
       (b) Eligibility.--
       (1) Application.--An eligible entity desiring to receive an 
     award under this section shall--
       (A) be a State or nonprofit private entity, or an 
     organization of such entities; and
       (B) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (2) Location.--The Secretary shall award a grant to not 
     less than 1 eligible entity in each State or region of the 
     United States, as determined by the Secretary, for the 
     collection of data within the State or region of each award 
     recipient, to ensure that health care workforce data from 
     each State or region of the United States is included in the 
     reports under subsection (d).
       (c) Responsibilities.--Each recipient of an award under 
     this section shall--
       (1) use the data sources and methods recommended by the 
     Secretary to collect and report on the data on an ongoing 
     basis, as determined by the Secretary, for the duration of 
     the grant;
       (2) submit to the Secretary a standard data set, as 
     specified by the Secretary;
       (3) develop and submit to the Secretary State health care 
     workforce policy recommendations; and
       (4) provide other information, as the Secretary may 
     require.
       (d) Reports.--The Secretary shall submit an annual report 
     detailing the state of the health care workforce in the 
     United States, including workforce shortages and projections 
     for the workforce, to the Committee on Finance and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and to the Committee on Education and Labor, the 
     Committee on Energy and Commerce, and the Committee on Ways 
     and Means of the House of Representatives. The annual report 
     may include information about all, or selected portions of, 
     the health care workforce, as defined in subsection (e)(1), 
     as the Secretary determines.
       (e) Definitions.--In this section--
       (1) Health care workforce.--The term ``health care 
     workforce'' means physicians, as that term is defined in 
     section 1861(r) of the Social Security Act (42 U.S.C. 
     1395x(r)), nurses, nurse practitioners, nurse anesthetists, 
     nurse midwives, physical therapists, physical therapist 
     assistants, occupational therapists, occupational therapist 
     assistants, dietitians, psychologists, mental health social 
     workers, marriage and family therapists, mental health 
     counselors, dental hygienists, pharmacists, pharmacy 
     technicians, public health workers, nurse aides, home health 
     aides, personal care aides, optometrists, and other health 
     care providers, as determined by the Secretary.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (f) Funding.--
       (1) In general.--Notwithstanding any other provision of 
     this title, from the amounts appropriated and transferred to 
     the Health Resources and Services Administration under the 
     heading ``public health and social services emergency fund 
     (including transfer of funds)'', and such funds shall remain 
     available through March 31, 2013.
       (2) Emergency funds designation.--Each amount in this 
     section is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to section 204(a) 
     of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of 
     S. Con. Res. 70 (110th Congress), the concurrent resolutions 
     on the budget for fiscal years 2008 and 2009.
                                 ______
                                 
  SA 397. Mr. HARKIN (for himself, Mr. Thune, and Mr. Johnson) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. __. ENERGY PROGRAMS.

       (a) In General.--Notwithstanding any other provision of law 
     and in addition to any other funds made available, not later 
     than 30 days after the date of enactment of this Act, out of 
     any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary of 
     Agriculture (referred to in this section as the 
     ``Secretary'')--
       (1) to carry out section 9002 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8102), $10,000,000 for 
     the period of fiscal years 2009 and 2010;
       (2) for the costs of grants and loan guarantees to carry 
     out section 9003 of that Act (7 U.S.C. 8103), $300,000,000 
     for the period of fiscal years 2009 and 2010;
       (3) to carry out section 9004 of that Act (7 U.S.C. 8104), 
     $200,000,000 for the period of fiscal years 2009 and 2010;
       (4) to carry out section 9005 of that Act (7 U.S.C. 8105), 
     $100,000,000 for the period of fiscal years 2009 and 2010;
       (5) for the costs of grants and loan guarantees to carry 
     out section 9007 of that Act (7 U.S.C. 8107), $300,000,000 
     for the period of fiscal years 2009 and 2010;
       (6) to carry out section 9008 of that Act (7 U.S.C. 8108), 
     $100,000,000 for the period of fiscal years 2009 and 2010;
       (7) to carry out section 9009 of that Act (7 U.S.C. 8109), 
     $40,000,000 for the period of fiscal years 2009 and 2010;
       (8) to carry out section 9011 of that Act (7 U.S.C. 8111), 
     $50,000,000 for the period of fiscal years 2009 and 2010; and
       (9) to carry out section 9013 of that Act (7 U.S.C. 8113), 
     $40,000,000 for the period of fiscal years 2009 and 2010.
       (b) Condition on Funds.--Funds made available under 
     subsection (a)(3) may be used to provide assistance under 
     section 9004 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 8104) to power plants and manufacturing 
     facilities in rural areas.
       (c) Receipt and Acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to provide 
     those loans the funds transferred under subsection (a), 
     without further appropriation.

[[Page 3031]]

       (d) Availability of Funds.--Funds made available under 
     subsection (a) shall remain available until September 30, 
     2010.
       (e) Emergency Designation.--Each amount provided in this 
     amendment is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to section 204(a) 
     of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of 
     S. Con. Res. 70 (110th Congress), the concurrent resolutions 
     on the budget for fiscal years 2008 and 2009.
       (f) Offset.--Notwithstanding any other provision of this 
     Act, each amount provided to the Secretary of Energy under 
     title IV is reduced by the pro rata percentage required to 
     reduce the total amount provided to the Secretary of Energy 
     under title IV by $1,140,000,000.
                                 ______
                                 
  SA 398. Mr. BAUCUS (for himself, Mr. Bond, Mr. Voinovich, Mr. 
Brownback, Mr. Specter, Mr. Sanders, and Mr. Bayh) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 244, between lines 2 and 3, insert the following:
       Sec. 12__.  Section 10212 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1937) is repealed.
                                 ______
                                 
  SA 399. Ms. STABENOW (for himself and Mr. Levin) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 514, after line 16, insert the following:

  PART X--TREATMENT OF LIMITATIONS ON LOSSES AFTER CERTAIN OWNERSHIP 
                                CHANGES

     SEC. 1291. TREATMENT OF CERTAIN OWNERSHIP CHANGES FOR 
                   PURPOSES OF LIMITATIONS ON NET OPERATING LOSS 
                   CARRYFORWARDS AND CERTAIN BUILT-IN LOSSES.

       (a) In General.--Section 382 is amended by adding at the 
     end the following new subsection:
       ``(n) Special Rule for Certain Ownership Changes.--
     Subsection (a) shall not apply in the case of an ownership 
     change pursuant to a restructuring plan required under a loan 
     agreement or a commitment for a line of credit entered into 
     with the Department of the Treasury.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to ownership changes after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 400. Mr. ROCKEFELLER (for himself, Mrs. Hutchison, and Mr. Dorgan) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

     At the appropriate place insert the following:

     SEC. ------. AVIATION PROGRAMS.

       (a) Short Title.--This section may be cited as the 
     ``Federal Aviation Administration Extension Act of 2009''.
       (b) Extension of Aviation Programs for FY 2009.--
       (1) Extension of Aviation Taxes.--The Internal Revenue Code 
     of 1986 is amended by striking ``March 31, 2009'' and 
     inserting ``September 30, 2009'' each place it appears in 
     each of the following sections:
       (A) Section 4081(d)(2)(B).
       (B) Section 4261(j)(1)(A)(ii).
       (C) Section 4271(d)(1)(A)(ii).
       (2) Extension of Expenditure Authority.--
       (A) Such Code is amended by striking ``April 1, 2009'' each 
     place it appears and inserting ``October 1, 2009'' in each of 
     the following sections:
       (i) Section 9502(d)(1).
       (ii) Section 9502(e)(2).
       (B) Paragraph (1) of section 9502(d) of such Code is 
     amended by inserting ``or the Federal Aviation Administration 
     Extension Act of 2009'' before the semicolon at the end of 
     subparagraph (A).
       (3) Extension of Airport Improvement Program.--
       (A) Paragraph (6) of section 48103 of such title is amended 
     to read as follows:
       ``(6) $3,900,000,000 for fiscal year 2009.''.
       (B) Section 47104(c) of such title is amended by striking 
     ``March 31, 2009,'' and inserting ``September 30, 2009,''.
       (4) Extension of Expiring Authorities.--
       (A) Title 49, United States Code, is amended by striking 
     the date specified in each of the following sections and 
     inserting ``September 30, 2009'':
       (i) Section 40117(l)(7).
       (ii) Section 44303(b).
       (iii) Section 47107(s)(3).
       (iv) Section 47141(f).
       (v) Section 49108.
       (B) Section 44302(f)(1) of such title is amended--
       (i) by striking ``March 31, 2009'' and inserting 
     ``September 30, 2009''; and
       (ii) by striking ``May 31, 2009'' and inserting ``December 
     31, 2009''.
       (C) Section 47115(j) of such title is amended by striking 
     ``2008, and the portion of fiscal year 2009 ending before 
     April 1, 2009,'' and inserting ``2009,''.
       (D) Section 161 of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 47109 note) is amended by 
     striking ``before April 1, 2009,''.
       (E) Section 186(d) of such Act (117 Stat. 2518) is amended 
     by striking ``2008, and for the portion of fiscal year 2009 
     ending before April 1, 2009,'' and inserting ``2009,''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2009.
                                 ______
                                 
  SA 401. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 393, strike lines 16 through 18 and insert the 
     following:
     ices, which may include--
       (1) assistance for elementary and secondary education and 
     public institutions of higher education; and
       (2) critical water resource, flood protection, 
     environmental restoration, and infrastructure programs, 
     projects, and activities, which may be used to satisfy a non-
     Federal matching requirement for any other Federal program, 
     project, or activity.
                                 ______
                                 
  SA 402. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 183, line 18, strike ``has'' and insert ``lacks''.
                                 ______
                                 
  SA 403. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 179, line 8, insert ``and any allotments under 
     paragraph (2)'' after ``paragraph (1)''.
                                 ______
                                 
  SA 404. Mr. BAUCUS (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 565, strike line 4 and all that follows 
     through page 566, line 22, and insert the following:

[[Page 3032]]



                Subtitle H--Trade Adjustment Assistance

     SEC. 1700. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This subtitle may be cited as the ``Trade 
     and Globalization Adjustment Assistance Act of 2009''.
       (b) Table of Contents.--The table of contents of this 
     subtitle is as follows:

                Subtitle H--Trade Adjustment Assistance

Sec. 1700. Short title; table of contents.

            PART I--Trade Adjustment Assistance for Workers

   subpart a--trade adjustment assistance for service sector workers

Sec. 1701. Extension of trade adjustment assistance to service sector 
              and public agency workers; shifts in production.
Sec. 1702. Separate basis for certification.
Sec. 1703. Determinations by Secretary of Labor.
Sec. 1704. Monitoring and reporting relating to service sector.

    subpart b--industry notifications following certain affirmative 
                             determinations

Sec. 1711. Notifications following certain affirmative determinations.
Sec. 1712. Notification to Secretary of Commerce.

                      subpart c--program benefits

Sec. 1721. Qualifying Requirements for Workers.
Sec. 1722. Weekly amounts.
Sec. 1723. Limitations on trade readjustment allowances; allowances for 
              extended training and breaks in training.
Sec. 1724. Special rules for calculation of eligibility period.
Sec. 1725. Application of State laws and regulations on good cause for 
              waiver of time limits or late filing of claims.
Sec. 1726. Employment and case management services.
Sec. 1727. Administrative expenses and employment and case management 
              services.
Sec. 1728. Training funding.
Sec. 1729. Prerequisite education; approved training programs.
Sec. 1730. Pre-layoff and part-time training.
Sec. 1731. On-the-job training.
Sec. 1732. Eligibility for unemployment insurance and program benefits 
              while in training.
Sec. 1733. Job search and relocation allowances.

      subpart d--reemployment trade adjustment assistance program

Sec. 1741. Reemployment trade adjustment assistance program.

                        subpart e--other matters

Sec. 1751. Office of trade adjustment assistance.
Sec. 1752. Accountability of State agencies; collection and publication 
              of program data; agreements with States.
Sec. 1753. Verification of eligibility for program benefits.
Sec. 1754. Collection of data and reports; information to workers.
Sec. 1755. Fraud and recovery of overpayments.
Sec. 1756. Sense of Congress on application of trade adjustment 
              assistance.
Sec. 1757. Consultations in promulgation of regulations.
Sec. 1758. Technical corrections.

             PART II--Trade Adjustment Assistance for Firms

Sec. 1761. Expansion to service sector firms.
Sec. 1762. Modification of requirements for certification.
Sec. 1763. Basis for determinations.
Sec. 1764. Oversight and administration; authorization of 
              appropriations.
Sec. 1765. Increased penalties for false statements.
Sec. 1766. Annual report on trade adjustment for firms.
Sec. 1767. Technical corrections.

         PART III--Trade Adjustment Assistance for Communities

Sec. 1771. Purpose.
Sec. 1772. Trade adjustment assistance for communities.
Sec. 1773. Conforming amendments.

            PART IV--Trade Adjustment Assistance for Farmers

Sec. 1781. Definitions.
Sec. 1782. Eligibility.
Sec. 1783. Benefits.
Sec. 1784. Report.
Sec. 1785. Fraud and recovery of overpayments.
Sec. 1786. Determination of increases of imports for certain fishermen.
Sec. 1787. Extension of trade adjustment assistance for farmers.

                       PART V--General Provisions

Sec. 1791. Effective date.
Sec. 1792. Extension of trade adjustment assistance programs.
Sec. 1793. Government Accountability Office report.
Sec. 1794. Emergency designation.

                  PART VI--Health Coverage Improvement

Sec. 1799. Short title.
Sec. 1799A. Improvement of the affordability of the credit.
Sec. 1799B. Payment for monthly premiums paid prior to commencement of 
              advance payments of credit.
Sec. 1799C. TAA recipients not enrolled in training programs eligible 
              for credit.
Sec. 1799D. TAA pre-certification period rule for purposes of 
              determining whether there is a 63-day lapse in creditable 
              coverage.
Sec. 1799E. Continued qualification of family members after certain 
              events.
Sec. 1799F. Alignment of COBRA coverage with TAA period for TAA-
              eligible individuals.
Sec. 1799G. Addition of coverage through voluntary employees' 
              beneficiary associations.
Sec. 1799H. Notice requirements.
Sec. 1799I. Survey and report on enhanced health coverage tax credit 
              program.
Sec. 1799J. Authorization of appropriations.
Sec. 1799K. Extension of national emergency grants.

            PART I--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS

   Subpart A--Trade Adjustment Assistance for Service Sector Workers

     SEC. 1701. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO 
                   SERVICE SECTOR AND PUBLIC AGENCY WORKERS; 
                   SHIFTS IN PRODUCTION.

       (a) Definitions.--Section 247 of the Trade Act of 1974 (19 
     U.S.C. 2319) is amended--
       (1) in paragraph (1)--
       (A) by striking ``or appropriate subdivision of a firm''; 
     and
       (B) by striking ``or subdivision'';
       (2) in paragraph (2), by striking ``employment--'' and all 
     that follows and inserting ``employment, has been totally or 
     partially separated from such employment.'';
       (3) by inserting after paragraph (2) the following:
       ``(3) Subject to section 222(d)(5), the term `firm' means--
       ``(A) a firm, including an agricultural firm, service 
     sector firm, or public agency; or
       ``(B) an appropriate subdivision thereof.'';
       (4) by inserting after paragraph (6) the following:
       ``(7) The term `public agency' means a department or agency 
     of a State or local government or of the Federal Government, 
     or a subdivision thereof.'';
       (5) in paragraph (11), by striking ``, or in a subdivision 
     of which,''; and
       (6) by adding at the end the following:
       ``(18) The term `service sector firm' means a firm engaged 
     in the business of supplying services.''.
       (b) Group Eligibility Requirements.--Section 222 of the 
     Trade Act of 1974 (19 U.S.C. 2272) is amended--
       (1) in subsection (a)(2)--
       (A) by amending subparagraph (A)(ii) to read as follows:
       ``(ii)(I) imports of articles or services like or directly 
     competitive with articles produced or services supplied by 
     such firm have increased;
       ``(II) imports of articles like or directly competitive 
     with articles--
       ``(aa) into which one or more component parts produced by 
     such firm are directly incorporated, or
       ``(bb) which are produced directly using services supplied 
     by such firm,
     have increased; or
       ``(III) imports of articles directly incorporating one or 
     more component parts produced outside the United States that 
     are like or directly competitive with imports of articles 
     incorporating one or more component parts produced by such 
     firm have increased; and''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B)(i)(I) there has been a shift by such workers' firm to 
     a foreign country in the production of articles or the supply 
     of services like or directly competitive with articles which 
     are produced or services which are supplied by such firm; or
       ``(II) such workers' firm has acquired articles or services 
     described in subclause (I) from a foreign country; and
       ``(ii) the shift described in clause (i)(I) or the 
     acquisition of articles or services described in clause 
     (i)(II) contributed importantly to such workers' separation 
     or threat of separation.'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Adversely Affected Workers in Public Agencies.--A 
     group of workers in a public agency shall be certified by the 
     Secretary as eligible to apply for adjustment assistance 
     under this chapter pursuant to a petition filed under section 
     221 if the Secretary determines that--
       ``(1) a significant number or proportion of the workers in 
     the public agency have become totally or partially separated, 
     or are threatened to become totally or partially separated;
       ``(2) the public agency has acquired from a foreign country 
     services like or directly competitive with services which are 
     supplied by such agency; and
       ``(3) the acquisition of services described in paragraph 
     (2) contributed importantly to such workers' separation or 
     threat of separation.''.

[[Page 3033]]

       (c) Basis for Secretary's Determinations.--Section 222 of 
     the Trade Act of 1974 (19 U.S.C. 2272), as amended, is 
     further amended by adding at the end the following:
       ``(e) Basis for Secretary's Determinations.--
       ``(1) In general.--The Secretary shall, in determining 
     whether to certify a group of workers under section 223, 
     obtain from the workers' firm or a customer of the workers' 
     firm, information the Secretary determines to be necessary to 
     make the certification, through questionnaires and in such 
     other manner as the Secretary determines appropriate.
       ``(2) Additional information.--The Secretary may seek 
     additional information to determine whether to certify a 
     group of workers under subsection (a), (b), or (c)--
       ``(A) by contacting--
       ``(i) officials or employees of the workers' firm;
       ``(ii) officials of customers of the workers' firm;
       ``(iii) officials of certified or recognized unions or 
     other duly authorized representatives of the group of 
     workers; or
       ``(iv) one-stop operators or one-stop partners (as defined 
     in section 101 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2801)); or
       ``(B) by using other available sources of information.
       ``(3) Verification of information.--
       ``(A) Certification.--The Secretary shall require a firm or 
     customer to certify--
       ``(i) all information obtained under paragraph (1) from the 
     firm or customer (as the case may be) through questionnaires; 
     and
       ``(ii) all other information obtained under paragraph (1) 
     from the firm or customer (as the case may be) on which the 
     Secretary relies in making a determination under section 223, 
     unless the Secretary has a reasonable basis for determining 
     that such information is accurate and complete without being 
     certified.
       ``(B) Use of subpoenas.--The Secretary shall require a 
     workers' firm or a customer of a workers' firm to provide 
     information requested by the Secretary under paragraph (1) by 
     subpoena pursuant to section 249 if the firm or customer (as 
     the case may be) fails to provide the information within 20 
     days of the Secretary's request, unless the firm or customer 
     (as the case may be) demonstrates to the satisfaction of the 
     Secretary that the firm or customer (as the case may be) will 
     provide the information within a reasonable period of time.
       ``(C) Protection of confidential information.--The 
     Secretary may not release information obtained under 
     paragraph (1) that the Secretary considers to be confidential 
     business information unless the firm or customer (as the case 
     may be) submitting the confidential business information had 
     notice, at the time of submission, that the information would 
     be released by the Secretary, or the firm or customer (as the 
     case may be) subsequently consents to the release of the 
     information. Nothing in this subparagraph shall be construed 
     to prohibit the Secretary from providing such confidential 
     business information to a court in camera or to another party 
     under a protective order issued by a court.''.
       (d) Penalties.--Section 244 of the Trade Act of 1974 (19 
     U.S.C. 2316) is amended to read as follows:

     ``SEC. 244. PENALTIES.

       ``Whoever--
       ``(1) makes a false statement of a material fact knowing it 
     to be false, or knowingly fails to disclose a material fact 
     for the purpose of obtaining or increasing for himself or for 
     any other person any payment authorized to be furnished under 
     this chapter or pursuant to an agreement under section 239, 
     or
       ``(2) makes a false statement of a material fact knowing it 
     to be false, or knowingly fails to disclose a material fact 
     when providing information to the Secretary during an 
     investigation of a petition under section 221,

     shall be imprisoned for not more than one year, fined under 
     title 18, United States Code, or both.''.
       (e) Conforming Amendments.--
       (1) Section 221(a) of the Trade Act of 1974 (19 U.S.C. 
     2271(a)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``Secretary'' and inserting ``Secretary of 
     Labor''; and
       (II) by striking ``or subdivision'' and inserting ``(as 
     defined in section 247)''; and

       (ii) in subparagraph (A), by striking ``(including workers 
     in an agricultural firm or subdivision of any agricultural 
     firm)'';
       (B) in paragraph (2)(A), by striking ``rapid response 
     assistance'' and inserting ``rapid response activities''; and
       (C) in paragraph (3), by inserting ``and on the website of 
     the Department of Labor'' after ``Federal Register''.
       (2) Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), 
     as amended, is further amended--
       (A) by striking ``(including workers in any agricultural 
     firm or subdivision of an agricultural firm)'' each place it 
     appears;
       (B) in subsection (a)--
       (i) in paragraph (1), by striking ``, or an appropriate 
     subdivision of the firm,''; and
       (ii) in paragraph (2), by striking ``or subdivision'' each 
     place it appears;
       (C) in subsection (c) (as redesignated)--
       (i) in paragraph (2)--

       (I) by striking ``(or subdivision)'' each place it appears;
       (II) by inserting ``or service'' after ``the article''; and
       (III) by striking ``(c) (3)'' and inserting ``(d) (3)''; 
     and

       (ii) in paragraph (3), by striking ``(or subdivision)'' 
     each place it appears; and
       (D) in subsection (d) (as redesignated)--
       (i) by striking ``For purposes'' and inserting 
     ``Definitions.--For purposes'';
       (ii) in paragraph (2), by striking ``, or appropriate 
     subdivision of a firm,'' each place it appears;
       (iii) by amending paragraph (3) to read as follows:
       ``(3) Downstream producer.--
       ``(A) In general.--The term `downstream producer' means a 
     firm that performs additional, value-added production 
     processes or services directly for another firm for articles 
     or services with respect to which a group of workers in such 
     other firm has been certified under subsection (a).
       ``(B) Value-added production processes or services.--For 
     purposes of subparagraph (A), value-added production 
     processes or services include final assembly, finishing, 
     testing, packaging, or maintenance or transportation 
     services.'';
       (iv) in paragraph (4)--

       (I) by striking ``(or subdivision)''; and
       (II) by inserting ``, or services, used in the production 
     of articles or in the supply of services, as the case may 
     be,'' after ``for articles''; and

       (v) by adding at the end the following:
       ``(5) Reference to firm.--For purposes of subsection (a), 
     the term `firm' does not include a public agency.''.
       (3) Section 231(a)(2) of the Trade Act of 1974 (19 U.S.C. 
     2291(a)(2)) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``or subdivision of a firm''; and
       (B) in subparagraph (C), by striking ``or subdivision''.

     SEC. 1702. SEPARATE BASIS FOR CERTIFICATION.

       Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is 
     amended by adding at the end the following:
       ``(f) Firms Identified by the International Trade 
     Commission.--Notwithstanding any other provision of this 
     chapter, a group of workers covered by a petition filed under 
     section 221 shall be certified under subsection (a) as 
     eligible to apply for adjustment assistance under this 
     chapter if--
       ``(1) the workers' firm is publicly identified by name by 
     the International Trade Commission as a member of a domestic 
     industry in an investigation resulting in--
       ``(A) an affirmative determination of serious injury or 
     threat thereof under section 202(b)(1);
       ``(B) an affirmative determination of market disruption or 
     threat thereof under section 421(b)(1); or
       ``(C) an affirmative final determination of material injury 
     or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) 
     of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 
     1673d(b)(1)(A));
       ``(2) the petition is filed during the 1-year period 
     beginning on the date on which--
       ``(A) a summary of the report submitted to the President by 
     the International Trade Commission under section 202(f)(1) 
     with respect to the affirmative determination described in 
     paragraph (1)(A) is published in the Federal Register under 
     section 202(f)(3); or
       ``(B) notice of an affirmative determination described in 
     subparagraph (B) or (C) of paragraph (1) is published in the 
     Federal Register; and
       ``(3) the workers have become totally or partially 
     separated from the workers' firm within--
       ``(A) the 1-year period described in paragraph (2); or
       ``(B) notwithstanding section 223(b)(1), the 1-year period 
     preceding the 1-year period described in paragraph (2).''.

     SEC. 1703. DETERMINATIONS BY SECRETARY OF LABOR.

       Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is 
     amended--
       (1) in subsection (b), by striking ``or appropriate 
     subdivision of the firm before his application'' and all that 
     follows and inserting ``before the workers' application under 
     section 231 occurred more than one year before the date of 
     the petition on which such certification was granted.'';
       (2) in subsection (c), by striking ``together with his 
     reasons'' and inserting ``and on the website of the 
     Department of Labor, together with the Secretary's reasons'';
       (3) in subsection (d)--
       (A) by striking ``or subdivision of the firm'' and all that 
     follows through ``he shall'' and inserting ``, that total or 
     partial separations from such firm are no longer attributable 
     to the conditions specified in section 222, the Secretary 
     shall''; and
       (B) by striking ``together with his reasons'' and inserting 
     ``and on the website of the Department of Labor, together 
     with the Secretary's reasons''; and
       (4) by adding at the end the following:

[[Page 3034]]

       ``(e) Standards for Investigations and Determinations.--
       ``(1) In general.--The Secretary shall establish standards, 
     including data requirements, for investigations of petitions 
     filed under section 221 and criteria for making 
     determinations under subsection (a).
       ``(2) Consultations.--Not less than 90 days before issuing 
     a final rule with respect to the standards required under 
     paragraph (1), the Secretary shall consult with the Committee 
     on Finance of the Senate and the Committee on Ways and Means 
     of the House of Representatives with respect to such rule.''.

     SEC. 1704. MONITORING AND REPORTING RELATING TO SERVICE 
                   SECTOR.

       (a) In General.--Section 282 of the Trade Act of 1974 (19 
     U.S.C. 2393) is amended--
       (1) in the heading, by striking ``SYSTEM'' and inserting 
     ``AND DATA COLLECTION'';
       (2) in the first sentence--
       (A) by striking ``The Secretary'' and inserting ``(a) 
     Monitoring Programs.--The Secretary'';
       (B) by inserting ``and services'' after ``imports of 
     articles'';
       (C) by inserting ``and domestic supply of services'' after 
     ``domestic production'';
       (D) by inserting ``or supplying services'' after 
     ``producing articles''; and
       (E) by inserting ``, or supply of services,'' after 
     ``changes in production''; and
       (3) by adding at the end the following:
       ``(b) Collection of Data and Reports on Service Sector.--
       ``(1) Secretary of labor.--Not later than 90 days after the 
     date of the enactment of this subsection, the Secretary of 
     Labor shall implement a system to collect data on adversely 
     affected workers employed in the service sector that includes 
     the number of workers by State and industry, and by the cause 
     of the dislocation of each worker, as identified in the 
     certification.
       ``(2) Secretary of commerce.--Not later than 1 year after 
     such date of enactment, the Secretary of Commerce shall, in 
     consultation with the Secretary of Labor, conduct a study and 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report on ways to improve the timeliness and coverage of data 
     on trade in services, including methods to identify increased 
     imports due to the relocation of United States firms to 
     foreign countries, and increased imports due to United States 
     firms acquiring services from firms in foreign countries.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 282 and inserting the following:

``Sec. 282. Trade monitoring and data collection.''.

    Subpart B--Industry Notifications Following Certain Affirmative 
                             Determinations

     SEC. 1711. NOTIFICATIONS FOLLOWING CERTAIN AFFIRMATIVE 
                   DETERMINATIONS.

       (a) In General.--Section 224 of the Trade Act of 1974 (19 
     U.S.C. 2274) is amended--
       (1) by amending the heading to read as follows:

     ``SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN 
                   AFFIRMATIVE DETERMINATIONS; INDUSTRY 
                   NOTIFICATION OF ASSISTANCE.'';

       (2) in subsection (a), by striking ``Whenever'' and 
     inserting ``Study of Domestic Industry.--Whenever'';
       (3) in subsection (b)--
       (A) by striking ``The report'' and inserting ``Report by 
     the Secretary.--The report''; and
       (B) by inserting ``and on the website of the Department of 
     Labor'' after ``Federal Register''; and
       (4) by adding at the end the following:
       ``(c) Notifications Following Affirmative Global Safeguard 
     Determinations.--Upon making an affirmative determination 
     under section 202(b), the Commission shall promptly notify 
     the Secretary of Labor and the Secretary of Commerce and, in 
     the case of a determination with respect to an agricultural 
     commodity, the Secretary of Agriculture, of the 
     determination.
       ``(d) Notifications Following Affirmative Bilateral or 
     Plurilateral Safeguard Determinations.--
       ``(1) Notifications of determinations of market 
     disruption.--Upon making an affirmative determination under 
     section 421, the Commission shall promptly notify the 
     Secretary of Labor and the Secretary of Commerce and, in the 
     case of a determination with respect to an agricultural 
     commodity, the Secretary of Agriculture, of the 
     determination.
       ``(2) Notifications regarding trade agreement safeguards.--
     Upon making an affirmative determination in a proceeding 
     initiated under an applicable safeguard provision (other than 
     a provision described in paragraph (3)) that is enacted to 
     implement a trade agreement to which the United States is a 
     party, the Commission shall promptly notify the Secretary of 
     Labor and the Secretary of Commerce and, in the case of a 
     determination with respect to an agricultural commodity, the 
     Secretary of Agriculture, of the determination.
       ``(3) Notifications regarding textile and apparel 
     safeguards.--Upon making an affirmative determination in a 
     proceeding initiated under any safeguard provision relating 
     to textile and apparel articles that is enacted to implement 
     a trade agreement to which the United States is a party, the 
     President shall promptly notify the Secretary of Labor and 
     the Secretary of Commerce of the determination.
       ``(e) Notifications Following Certain Affirmative 
     Determinations Under Title Vii of the Tariff Act of 1930.--
     Upon making an affirmative determination under section 
     705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 
     U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission 
     shall promptly notify the Secretary of Labor and the 
     Secretary of Commerce and, in the case of a determination 
     with respect to an agricultural commodity, the Secretary of 
     Agriculture, of the determination.
       ``(f) Industry Notification of Assistance.--Upon receiving 
     a notification of a determination under subsection (c), (d), 
     or (e) with respect to an industry--
       ``(1) the Secretary of Labor shall--
       ``(A) notify the representatives of the domestic industry 
     affected by the determination, firms publicly identified by 
     name during the course of the proceeding relating to the 
     determination, and any certified or recognized union or, to 
     the extent practicable, other duly authorized representative 
     of workers employed by such representatives of the domestic 
     industry, of--
       ``(i) the allowances, training, employment services, and 
     other benefits available under this chapter;
       ``(ii) the manner in which to file a petition and apply for 
     such benefits; and
       ``(iii) the availability of assistance in filing such 
     petitions;
       ``(B) notify the Governor of each State in which one or 
     more firms in the industry described in subparagraph (A) are 
     located of the Commission's determination and the identity of 
     the firms; and
       ``(C) upon request, provide any assistance that is 
     necessary to file a petition under section 221;
       ``(2) the Secretary of Commerce shall--
       ``(A) notify the representatives of the domestic industry 
     affected by the determination and any firms publicly 
     identified by name during the course of the proceeding 
     relating to the determination of--
       ``(i) the benefits available under chapter 3;
       ``(ii) the manner in which to file a petition and apply for 
     such benefits; and
       ``(iii) the availability of assistance in filing such 
     petitions; and
       ``(B) upon request, provide any assistance that is 
     necessary to file a petition under section 251; and
       ``(3) in the case of an affirmative determination based 
     upon imports of an agricultural commodity, the Secretary of 
     Agriculture shall--
       ``(A) notify representatives of the domestic industry 
     affected by the determination and any agricultural commodity 
     producers publicly identified by name during the course of 
     the proceeding relating to the determination of--
       ``(i) the benefits available under chapter 6;
       ``(ii) the manner in which to file a petition and apply for 
     such benefits; and
       ``(iii) the availability of assistance in filing such 
     petitions; and
       ``(B) upon request, provide any assistance that is 
     necessary to file a petition under section 292.
       ``(g) Representatives of the Domestic Industry.--For 
     purposes of subsection (f), the term `representatives of the 
     domestic industry' means the persons that petitioned for 
     relief in connection with--
       ``(1) a proceeding under section 202 or 421 of this Act;
       ``(2) a proceeding under section 702(b) or 732(b) of the 
     Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or
       ``(3) any safeguard investigation described in subsection 
     (d)(2) or (d)(3).''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 224 and inserting the following:

``Sec. 224. Study and notifications regarding certain affirmative 
              determinations; industry notification of assistance.''.

     SEC. 1712. NOTIFICATION TO SECRETARY OF COMMERCE.

       Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is 
     amended by adding at the end the following:
       ``(c) Upon issuing a certification under section 223, the 
     Secretary shall notify the Secretary of Commerce of the 
     identity of each firm associated with the certification.''.

                      Subpart C--Program Benefits

     SEC. 1721. QUALIFYING REQUIREMENTS FOR WORKERS.

       (a) In General.--Section 231(a)(5)(A)(ii) of the Trade Act 
     of 1974 (19 U.S.C. 2291 (a)(5)(A)(ii)) is amended--
       (1) by striking subclauses (I) and (II) and inserting the 
     following:
       ``(I) in the case of a worker whose most recent total 
     separation from adversely affected employment that meets the 
     requirements of paragraphs (1) and (2) occurs after the date 
     on which the Secretary issues a certification covering the 
     worker, the last day of the 26th week after such total 
     separation,
       ``(II) in the case of a worker whose most recent total 
     separation from adversely affected employment that meets the 
     requirements of

[[Page 3035]]

     paragraphs (1) and (2) occurs before the date on which the 
     Secretary issues a certification covering the worker, the 
     last day of the 26th week after the date of such 
     certification,''.
       (2) in subclause (III)--
       (A) by striking ``later of the dates specified in subclause 
     (I) or (II)'' and inserting ``date specified in subclause (I) 
     or (II), as the case may be''; and
       (B) by striking ``or'' at the end;
       (3) by redesignating subclause (IV) as subclause (V); and
       (4) by inserting after subclause (III) the following:
       ``(IV) in the case of a worker who fails to enroll by the 
     date required by subclause (I), (II), or (III), as the case 
     may be, due to the failure to provide the worker with timely 
     information regarding the date specified in such subclause, 
     the last day of a period determined by the Secretary, or''.
       (b) Waivers of Training Requirements.--Section 231(c) of 
     the Trade Act of 1974 (19 U.S.C. 2291(c)) is amended--
       (1) in paragraph (1)(B)--
       (A) by striking ``The worker possesses'' and inserting the 
     following:
       ``(i) In general.--The worker possesses''; and
       (B) by adding at the end the following:
       ``(ii) Marketable skills defined.--For purposes of clause 
     (i), the term `marketable skills' may include the possession 
     of a postgraduate degree from an institution of higher 
     education (as defined in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002)) or an equivalent institution, 
     or the possession of an equivalent postgraduate certification 
     in a specialized field.'';
       (2) in paragraph (2)(A), by striking ``A waiver'' and 
     inserting ``Except as provided in paragraph (3)(B), a 
     waiver''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking ``Pursuant to an 
     agreement under section 239, the Secretary may authorize a'' 
     and inserting ``An agreement under section 239 shall 
     authorize a'';
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) Review of waivers.--An agreement under section 239 
     shall require a cooperating State to review each waiver 
     issued by the State under subparagraph (A), (B), (D), (E), or 
     (F) of paragraph (1)--
       ``(i) 3 months after the date on which the State issues the 
     waiver; and
       ``(ii) on a monthly basis thereafter.''.
       (c) Conforming Amendments.--
       (1) Section 231 of the Trade Act of 1974 (19 U.S.C. 2291), 
     as amended, is further amended--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``more than 60 days'' and all that follows 
     through ``section 221'' and inserting ``on or after the date 
     of such certification''; and
       (B) in subsection (b)--
       (i) by striking paragraph (2); and
       (ii) in paragraph (1)--

       (I) by striking ``(1)'';
       (II) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively;
       (III) by redesignating clauses (i) and (ii) as 
     subparagraphs (A) and (B), respectively; and
       (IV) by redesignating subclauses (I) and (II) as clauses 
     (i) and (ii), respectively.

       (2) Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) 
     is amended--
       (A) by striking subsection (b); and
       (B) by redesignating subsections (c) through (g) as 
     subsections (b) through (f), respectively.

     SEC. 1722. WEEKLY AMOUNTS.

       Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``subsections (b) and (c)'' and inserting 
     ``subsections (b), (c), and (d)'';
       (B) by striking ``total unemployment'' the first place it 
     appears and inserting ``unemployment''; and
       (C) in paragraph (2), by adding at the end before the 
     period the following: ``, except that in the case of an 
     adversely affected worker who is participating in training 
     under this chapter, such income shall not include earnings 
     from work for such week that are equal to or less than the 
     most recent weekly benefit amount of the unemployment 
     insurance payable to the worker for a week of total 
     unemployment preceding the worker's first exhaustion of 
     unemployment insurance (as determined for purposes of section 
     231(a)(3)(B))''; and
       (2) by adding at the end the following:
       ``(d) Election of Trade Readjustment Allowance or 
     Unemployment Insurance.--Notwithstanding section 
     231(a)(3)(B), an adversely affected worker may elect to 
     receive a trade readjustment allowance instead of 
     unemployment insurance during any week with respect to which 
     the worker--
       ``(1) is entitled to receive unemployment insurance as a 
     result of the establishment by the worker of a new benefit 
     year under State law, based in whole or in part upon part-
     time or short-term employment in which the worker engaged 
     after the worker's most recent total separation from 
     adversely affected employment; and
       ``(2) is otherwise entitled to a trade readjustment 
     allowance.''.

     SEC. 1723. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES; 
                   ALLOWANCES FOR EXTENDED TRAINING AND BREAKS IN 
                   TRAINING.

       Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) 
     is amended--
       (1) in paragraph (2), by inserting ``under paragraph (1)'' 
     after ``trade readjustment allowance''; and
       (2) in paragraph (3)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``training'' and inserting ``a training 
     program'';
       (ii) by striking ``52 additional weeks'' and inserting ``78 
     additional weeks''; and
       (iii) by striking ``52-week'' and inserting ``91-week''; 
     and
       (B) in the matter following subparagraph (B), by striking 
     ``52-week'' and inserting ``91-week''.

     SEC. 1724. SPECIAL RULES FOR CALCULATION OF ELIGIBILITY 
                   PERIOD.

       Section 233 of the Trade Act of 1974 (19 U.S.C. 2293), as 
     amended, is further amended by adding at the end the 
     following:
       ``(g) Special Rule for Calculating Separation.--
     Notwithstanding any other provision of this chapter, any 
     period during which a judicial or administrative appeal is 
     pending with respect to the denial by the Secretary of a 
     petition under section 223 shall not be counted for purposes 
     of calculating the period of separation under subsection 
     (a)(2).
       ``(h) Special Rule for Justifiable Cause.--If the Secretary 
     determines that there is justifiable cause, the Secretary may 
     extend the period during which a trade readjustment allowance 
     is payable to an adversely affected worker under paragraphs 
     (2) and (3) of subsection (a) (but not the maximum amounts of 
     such allowance that are payable under this section).
       ``(i) Special Rule With Respect to Military Service.--
       ``(1) In general.--Notwithstanding any other provision of 
     this chapter, the Secretary may waive any requirement of this 
     chapter that the Secretary determines is necessary to ensure 
     that an adversely affected worker who is a member of a 
     reserve component of the Armed Forces and serves a period of 
     duty described in paragraph (2) is eligible to receive a 
     trade readjustment allowance, training, and other benefits 
     under this chapter in the same manner and to the same extent 
     as if the worker had not served the period of duty.
       ``(2) Period of duty described.--An adversely affected 
     worker serves a period of duty described in this paragraph 
     if, before completing training under section 236, the 
     worker--
       ``(A) serves on active duty for a period of more than 30 
     days under a call or order to active duty of more than 30 
     days; or
       ``(B) in the case of a member of the Army National Guard of 
     the United States or Air National Guard of the United States, 
     performs full-time National Guard duty under section 502(f) 
     of title 32, United States Code, for 30 consecutive days or 
     more when authorized by the President or the Secretary of 
     Defense for the purpose of responding to a national emergency 
     declared by the President and supported by Federal funds.''.

     SEC. 1725. APPLICATION OF STATE LAWS AND REGULATIONS ON GOOD 
                   CAUSE FOR WAIVER OF TIME LIMITS OR LATE FILING 
                   OF CLAIMS.

       Section 234 of the Trade Act of 1974 (19 U.S.C. 2294) is 
     amended--
       (1) by striking ``Except where inconsistent'' and inserting 
     ``(a) In General.--Except where inconsistent''; and
       (2) by adding at the end the following:
       ``(b) Special Rule With Respect to State Laws and 
     Regulations on Good Cause for Waiver of Time Limits or Late 
     Filing of Claims.--Any law, regulation, policy, or practice 
     of a cooperating State that allows for a waiver for good 
     cause of any time limitation relating to the administration 
     of the State unemployment insurance law shall, in the 
     administration of the program under this chapter by the 
     State, apply to any time limitation with respect to an 
     application for readjustment allowance or enrollment in 
     training under this chapter.''.

     SEC. 1726. EMPLOYMENT AND CASE MANAGEMENT SERVICES.

       (a) In General.--Section 235 of the Trade Act of 1974 (19 
     U.S.C. 2295) is amended to read as follows:

     ``SEC. 235. EMPLOYMENT AND CASE MANAGEMENT SERVICES.

       ``The Secretary shall make available, directly or through 
     agreements with States under section 239, to adversely 
     affected workers and adversely affected incumbent workers 
     covered by a certification under subchapter A of this chapter 
     the following employment and case management services:
       ``(1) Comprehensive and specialized assessment of skill 
     levels and service needs, including through--
       ``(A) diagnostic testing and use of other assessment tools; 
     and
       ``(B) in-depth interviewing and evaluation to identify 
     employment barriers and appropriate employment goals.
       ``(2) Development of an individual employment plan to 
     identify employment goals and objectives, and appropriate 
     training to achieve those goals and objectives.
       ``(3) Information on training available in local and 
     regional areas, information on individual counseling to 
     determine which

[[Page 3036]]

     training is suitable training, and information on how to 
     apply for such training.
       ``(4) Information on how to apply for financial aid, 
     including referring workers to educational opportunity 
     centers described in section 402F of the Higher Education Act 
     of 1965 (20 U.S.C. 1070a-16), where applicable, and notifying 
     workers that the workers may request financial aid 
     administrators at institutions of higher education (as 
     defined in section 102 of such Act (20 U.S.C. 1002)) to use 
     the administrators' discretion under section 479A of such Act 
     (20 U.S.C. 1087tt) to use current year income data, rather 
     than preceding year income data, for determining the amount 
     of need of the workers for Federal financial assistance under 
     title IV of such Act (20 U.S.C. 1070 et seq.).
       ``(5) Short-term prevocational services, including 
     development of learning skills, communications skills, 
     interviewing skills, punctuality, personal maintenance 
     skills, and professional conduct to prepare individuals for 
     employment or training.
       ``(6) Individual career counseling, including job search 
     and placement counseling, during the period in which the 
     individual is receiving a trade adjustment allowance or 
     training under this chapter, and for purposes of job 
     placement after receiving such training.
       ``(7) Provision of employment statistics information, 
     including the provision of accurate information relating to 
     local, regional, and national labor market areas, including--
       ``(A) job vacancy listings in such labor market areas;
       ``(B) information on jobs skills necessary to obtain jobs 
     identified in job vacancy listings described in subparagraph 
     (A);
       ``(C) information relating to local occupations that are in 
     demand and earnings potential of such occupations; and
       ``(D) skills requirements for local occupations described 
     in subparagraph (C).
       ``(8) Information relating to the availability of 
     supportive services, including services relating to child 
     care, transportation, dependent care, housing assistance, and 
     need-related payments that are necessary to enable an 
     individual to participate in training.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 235 and inserting the following:

``235. Employment and case management services.''.

     SEC. 1727. ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE 
                   MANAGEMENT SERVICES.

       (a) In General.--Part II of subchapter B of chapter 2 of 
     title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is 
     amended by inserting after section 235 the following:

     ``SEC. 235A. FUNDING FOR ADMINISTRATIVE EXPENSES AND 
                   EMPLOYMENT AND CASE MANAGEMENT SERVICES.

       ``(a) Funding for Administrative Expenses and Employment 
     and Case Management Services.--
       ``(1) In general.--In addition to any funds made available 
     to a State to carry out section 236 for a fiscal year, the 
     State shall receive for the fiscal year a payment in an 
     amount that is equal to 15 percent of the amount of such 
     funds.
       ``(2) Use of funds.--A State that receives a payment under 
     paragraph (1) shall--
       ``(A) use not more than 2/3 of such payment for the 
     administration of the trade adjustment assistance for workers 
     program under this chapter, including for--
       ``(i) processing waivers of training requirements under 
     section 231;
       ``(ii) collecting, validating, and reporting data required 
     under this chapter; and
       ``(iii) providing reemployment trade adjustment assistance 
     under section 246; and
       ``(B) use not less than 1/3 of such payment for employment 
     and case management services under section 235.
       ``(b) Additional Funding for Employment and Case Management 
     Services.--
       ``(1) In general.--In addition to the funds made available 
     to a State to carry out section 236 and the payment under 
     subsection (a)(1) for a fiscal year, the Secretary shall 
     provide to the State for the fiscal year a payment in the 
     amount of $350,000.
       ``(2) Use of funds.--A State that receives a payment under 
     paragraph (1) shall use such payment for the purpose of 
     providing employment and case management services under 
     section 235.
       ``(3) Voluntary return of funds.--A State that receives a 
     payment under paragraph (1) may decline or otherwise return 
     such payment to the Secretary.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by inserting after the item relating 
     to section 235 the following:

``Sec. 235A. Funding for administrative expenses and employment and 
              case management services.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 1728. TRAINING FUNDING.

       (a) In General.--Section 236(a)(2) of the Trade Act of 1974 
     (19 U.S.C. 2296(a)(2)) is amended to read as follows:
       ``(2)(A) The total amount of payments that may be made 
     under paragraph (1) shall not exceed--
       ``(i) for each of the fiscal years 2009 and 2010, 
     $575,000,000; and
       ``(ii) for the period beginning October 1, 2010, and ending 
     December 31, 2010, $143,750,000.
       ``(B)(i) The Secretary shall, as soon as practicable after 
     the beginning of each fiscal year, make an initial 
     distribution of the funds made available to carry out this 
     section, in accordance with the requirements of subparagraph 
     (C).
       ``(ii) The Secretary shall ensure that not less than 90 
     percent of the funds made available to carry out this section 
     for a fiscal year are distributed to the States by not later 
     than July 15 of that fiscal year.
       ``(C)(i) In making the initial distribution of funds 
     pursuant to subparagraph (B)(i) for a fiscal year, the 
     Secretary shall hold in reserve 35 percent of the funds made 
     available to carry out this section for that fiscal year for 
     additional distributions during the remainder of the fiscal 
     year.
       ``(ii) Subject to clause (iii), in determining how to 
     apportion the initial distribution of funds pursuant to 
     subparagraph (B)(i) in a fiscal year, the Secretary shall 
     take into account, with respect to each State--
       ``(I) the trend in the number of workers covered by 
     certifications of eligibility under this chapter during the 
     most recent 4 consecutive calendar quarters for which data 
     are available;
       ``(II) the trend in the number of workers participating in 
     training under this section during the most recent 4 
     consecutive calendar quarters for which data are available;
       ``(III) the number of workers estimated to be participating 
     in training under this section during the fiscal year;
       ``(IV) the amount of funding estimated to be necessary to 
     provide training approved under this section to such workers 
     during the fiscal year; and
       ``(V) such other factors as the Secretary considers 
     appropriate relating to the provision of training under this 
     section.
       ``(iii) In no case may the amount of the initial 
     distribution to a State pursuant to subparagraph (B)(i) in a 
     fiscal year be less than 25 percent of the initial 
     distribution to the State in the preceding fiscal year.
       ``(D) The Secretary shall establish procedures for the 
     distribution of the funds that remain available for the 
     fiscal year after the initial distribution required under 
     subparagraph (B). Such procedures may include the 
     distribution of funds pursuant to requests submitted by 
     States in need of such funds.
       ``(E) If, during a fiscal year, the Secretary estimates 
     that the amount of funds necessary to pay the costs of 
     training approved under this section will exceed the dollar 
     amount limitation specified in subparagraph (A), the 
     Secretary shall decide how the amount of funds made available 
     to carry out this section that have not been distributed at 
     the time of the estimate will be apportioned among the States 
     for the remainder of the fiscal year.''.
       (b) Determinations Regarding Training.--Section 236(a)(9) 
     of the Trade Act of 1974 (19 U.S.C. 2296(a)(9)) is amended--
       (1) by striking ``The Secretary'' and inserting ``(A) 
     Subject to subparagraph (B), the Secretary''; and
       (2) by adding at the end the following:
       ``(B)(i) In determining under paragraph (1)(E) whether a 
     worker is qualified to undertake and complete training, the 
     Secretary may approve training for a period longer than the 
     worker's period of eligibility for trade readjustment 
     allowances under part I if the worker demonstrates a 
     financial ability to complete the training after the 
     expiration of the worker's period of eligibility for such 
     trade readjustment allowances.
       ``(ii) In determining the reasonable cost of training under 
     paragraph (1)(F) with respect to a worker, the Secretary may 
     consider whether other public or private funds are reasonably 
     available to the worker, except that the Secretary may not 
     require a worker to obtain such funds as a condition of 
     approval of training under paragraph (1).''.
       (c) Regulations.--Section 236 of the Trade Act of 1974 (19 
     U.S.C. 2296) is amended by adding at the end the following:
       ``(g) Regulations With Respect to Apportionment of Training 
     Funds to States.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of this subsection, the Secretary shall issue 
     such regulations as may be necessary to carry out the 
     provisions of subsection (a)(2).
       ``(2) Consultations.--The Secretary shall consult with the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives not less than 90 
     days before issuing any final rule or regulation pursuant to 
     paragraph (1).''.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect upon the expiration of the 
     90-day period beginning on the date of the enactment of this 
     Act, except that--
       (1) subparagraph (A) of section 236(a)(2) of the Trade Act 
     of 1974, as amended by subsection (a) of this section, shall 
     take effect on the date of the enactment of this Act; and
       (2) subparagraphs (B), (C), and (D) of such section 
     236(a)(2) shall take effect on October 1, 2009.

     SEC. 1729. PREREQUISITE EDUCATION; APPROVED TRAINING 
                   PROGRAMS.

       (a) In General.--Section 236(a)(5) of the Trade Act of 1974 
     (19 U.S.C. 2296(a)(5)) is amended--

[[Page 3037]]

       (1) in subparagraph (A)--
       (A) by striking ``and'' at the end of clause (i);
       (B) by adding ``and'' at the end of clause (ii); and
       (C) by inserting after clause (ii) the following:
       ``(iii) apprenticeship programs registered under the Act of 
     August 16, 1937 (commonly known as the `National 
     Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
     et seq.),'';
       (2) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively;
       (3) by inserting after subparagraph (D) the following:
       ``(E) any program of prerequisite education or coursework 
     required to enroll in training that may be approved under 
     this section,'';
       (4) in subparagraph (F)(ii), as redesignated by paragraph 
     (2), by striking ``and'' at the end;
       (5) in subparagraph (G), as redesignated by paragraph (2), 
     by striking the period at the end and inserting ``, and''; 
     and
       (6) by adding at the end the following:
       ``(H) any training program or coursework at an accredited 
     institution of higher education (described in section 102 of 
     the Higher Education Act of 1965 (20 U.S.C. 1002)), including 
     a training program or coursework for the purpose of--
       ``(i) obtaining a degree or certification; or
       ``(ii) completing a degree or certification that the worker 
     had previously begun at an accredited institution of higher 
     education.
     The Secretary may not limit approval of a training program 
     under paragraph (1) to a program provided pursuant to title I 
     of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et 
     seq.).''.
       (b) Conforming Amendments.--Section 233 of the Trade Act of 
     1974 (19 U.S.C. 2293) is amended--
       (1) in subsection (a)(2), by inserting ``prerequisite 
     education or'' after ``requires a program of''; and
       (2) in subsection (f) (as redesignated by section 1721(c) 
     of this subtitle), by inserting ``prerequisite education or'' 
     after ``includes a program of''.
       (c) Technical Corrections.--Section 236 of the Trade Act of 
     1974 (19 U.S.C. 2296) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the flush text, by striking ``his 
     behalf'' and inserting ``the worker's behalf''; and
       (B) in paragraph (3), by striking ``this paragraph (1)'' 
     and inserting ``paragraph (1)''; and
       (2) in subsection (b)(2), by striking ``, and'' and 
     inserting a period.

     SEC. 1730. PRE-LAYOFF AND PART-TIME TRAINING.

       (a) Pre-Layoff Training.--
       (1) In general.--Section 236(a) of the Trade Act of 1974 
     (19 U.S.C. 2296(a)) is amended--
       (A) in paragraph (1), by inserting after ``determines'' the 
     following: ``, with respect to an adversely affected worker 
     or an adversely affected incumbent worker,'';
       (B) in paragraph (4)--
       (i) in subparagraphs (A) and (B), by inserting ``or an 
     adversely affected incumbent worker'' after ``an adversely 
     affected worker'' each place it appears; and
       (ii) in subparagraph (C), by inserting ``or adversely 
     affected incumbent worker'' after ``adversely affected 
     worker'' each place it appears;
       (C) in paragraph (5), in the matter preceding subparagraph 
     (A), by striking ``The training programs'' and inserting 
     ``Except as provided in paragraph (10), the training 
     programs''; and
       (D) in paragraph (6)(B), by inserting ``or adversely 
     affected incumbent worker'' after ``adversely affected 
     worker'';
       (E) in paragraph (7)(B), by inserting ``or adversely 
     affected incumbent worker'' after ``adversely affected 
     worker''; and
       (F) by inserting after paragraph (9) the following:
       ``(10) In the case of an adversely affected incumbent 
     worker, the Secretary may not approve--
       ``(A) on-the-job training under paragraph (5)(A)(i); or
       ``(B) customized training under paragraph (5)(A)(ii), 
     unless such training is for a position other than the 
     worker's adversely affected employment.
       ``(11) If the Secretary determines that an adversely 
     affected incumbent worker for whom the Secretary approved 
     training under this section is no longer threatened with a 
     total or partial separation, the Secretary shall terminate 
     the approval of such training.''.
       (2) Definitions.--Section 247 of the Trade Act of 1974 (19 
     U.S.C. 2319), as amended, is further amended by adding at the 
     end the following:
       ``(19) The term `adversely affected incumbent worker' means 
     a worker who--
       ``(A) is a member of a group of workers who have been 
     certified as eligible to apply for adjustment assistance 
     under subchapter A;
       ``(B) has not been totally or partially separated from 
     adversely affected employment; and
       ``(C) the Secretary determines, on an individual basis, is 
     threatened with total or partial separation.''.
       (b) Part-Time Training.--Section 236 of the Trade Act of 
     1974 (19 U.S.C. 2296), as amended, is further amended by 
     adding at the end the following:
       ``(h) Part-Time Training.--
       ``(1) In general.--The Secretary may approve full-time or 
     part-time training for a worker under subsection (a).
       ``(2) References to training.--Notwithstanding paragraph 
     (1), for purposes of determining the eligibility of a worker 
     for a trade readjustment allowance under section 231 or the 
     amount of such allowance or the number of weeks during which 
     a worker may receive such allowance under section 232 or 233, 
     any reference to training or a training program in such 
     sections shall be deemed to be a reference to full-time 
     training or a full-time training program (as the case may 
     be).''.

     SEC. 1731. ON-THE-JOB TRAINING.

       (a) In General.--Section 236(c) of the Trade Act of 1974 
     (19 U.S.C. 2296(c)) is amended--
       (1) by redesignating paragraphs (1) through (10) as 
     subparagraphs (A) through (J) and moving such subparagraphs 2 
     ems to the right;
       (2) by striking ``(c) The Secretary shall'' and all that 
     follows through ``such costs,'' and inserting the following:
       ``(c) On-the-Job Training Requirements.--
       ``(1) In general.--The Secretary may approve on-the-job 
     training for any adversely affected worker if--
       ``(A) the worker meets the requirements for training to be 
     approved under subsection (a)(1);
       ``(B) the Secretary determines that on-the-job training--
       ``(i) can reasonably be expected to lead to suitable 
     employment with the employer offering the on-the-job 
     training;
       ``(ii) is compatible with the skills of the worker;
       ``(iii) includes a curriculum through which the worker will 
     gain the knowledge or skills to become proficient in the job 
     for which the worker is being trained; and
       ``(iv) can be measured by benchmarks that indicate that the 
     worker is gaining such knowledge or skills; and
       ``(C) the State determines that the on-the-job training 
     program meets the requirements of clauses (iii) and (iv) of 
     subparagraph (B).
       ``(2) Monthly payments.--The Secretary shall pay the costs 
     of on-the-job training approved under paragraph (1) in 
     monthly installments.
       ``(3) Contracts for on-the-job training.--
       ``(A) In general.--The Secretary shall ensure, in entering 
     into a contract with an employer to provide on-the-job 
     training to a worker under this subsection, that the skill 
     requirements of the job for which the worker is being 
     trained, the academic and occupational skill level of the 
     worker, and the work experience of the worker are taken into 
     consideration.
       ``(B) Term of contract.--Training under any such contract 
     shall be limited to the period of time required for the 
     worker receiving on-the-job training to become proficient in 
     the job for which the worker is being trained, but in no case 
     shall exceed 104 weeks.
       ``(4) Exclusion of certain employers.--The Secretary shall 
     not enter into a contract for on-the-job training with an 
     employer that exhibits a pattern of failing to provide 
     workers receiving on-the-job training from the employer 
     with--
       ``(A) continued, long-term employment as regular employees; 
     and
       ``(B) wages, benefits, and working conditions that are 
     equivalent to the wages, benefits, and working conditions 
     provided to regular employees who have worked a similar 
     period of time and are doing the same type of work as workers 
     receiving on-the-job training from the employer.
       ``(5) Labor standards.--The Secretary may pay the costs of 
     on-the-job training,''; and
       (3) in paragraph (5), as redesignated--
       (A) in subparagraph (I), as redesignated by paragraph (1) 
     of this section, by striking ``paragraphs (1), (2), (3), (4), 
     (5), and (6)'' and inserting ``subparagraphs (A), (B), (C), 
     (D), (E), and (F)''; and
       (B) in subparagraph (J), as redesignated by paragraph (1) 
     of this section, by striking ``paragraph (8)'' and inserting 
     ``subparagraph (H)''.
       (b) Repeal of Preference for Training on the Job.--Section 
     236(a)(1) of the Trade Act of 1974 (19 U.S.C. 2296(a)(1)) is 
     amended by striking the last sentence.

     SEC. 1732. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE AND PROGRAM 
                   BENEFITS WHILE IN TRAINING.

       Section 236(d) of the Trade Act of 1974 (19 U.S.C. 2296(d)) 
     is amended to read as follows:
       ``(d) Eligibility.--An adversely affected worker may not be 
     determined to be ineligible or disqualified for unemployment 
     insurance or program benefits under this subchapter--
       ``(1) because the worker--
       ``(A) is enrolled in training approved under subsection 
     (a);
       ``(B) left work--
       ``(i) that was not suitable employment in order to enroll 
     in such training; or
       ``(ii) that the worker engaged in on a temporary basis 
     during a break in such training or a delay in the 
     commencement of such training; or

[[Page 3038]]

       ``(C) left on-the-job training not later than 30 days after 
     commencing such training because the training did not meet 
     the requirements of subsection (c)(1)(B); or
       ``(2) because of the application to any such week in 
     training of the provisions of State law or Federal 
     unemployment insurance law relating to availability for work, 
     active search for work, or refusal to accept work.''.

     SEC. 1733. JOB SEARCH AND RELOCATION ALLOWANCES.

       (a) Job Search Allowances.--Section 237 of the Trade Act of 
     1974 (19 U.S.C. 2297) is amended--
       (1) in subsection (a)(2)(C)(ii), by striking ``, unless the 
     worker received a waiver under section 231(c)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``90 percent of the cost 
     of'' and inserting ``all''; and
       (B) in paragraph (2), by striking ``$1,250'' and inserting 
     ``$1,500''.
       (b) Relocation Allowances.--Section 238 of the Trade Act of 
     1974 (19 U.S.C. 2298) is amended--
       (1) in subsection (a)(2)(E)(ii), by striking ``, unless the 
     worker received a waiver under section 231(c)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``90 percent of the'' and 
     inserting ``all''; and
       (B) in paragraph (2), by striking ``$1,250'' and inserting 
     ``$1,500''.

      Subpart D--Reemployment Trade Adjustment Assistance Program

     SEC. 1741. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.

       (a) In General.--Section 246 of the Trade Act of 1974 (19 
     U.S.C. 2318) is amended--
       (1) by amending the heading to read as follows:

     ``SEC. 246. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE 
                   PROGRAM.'';

       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``Not later than'' and all that follows 
     through ``2002, the Secretary'' and inserting ``The 
     Secretary''; and
       (ii) by striking ``an alternative trade adjustment 
     assistance program for older workers'' and inserting ``a 
     reemployment trade adjustment assistance program'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``for a 
     period not to exceed 2 years'' and inserting ``for the 
     eligibility period under subparagraph (A) or (B) of paragraph 
     (4) (as the case may be)''; and
       (II) by striking clauses (i) and (ii) and inserting the 
     following:

       ``(i) the wages received by the worker at the time of 
     separation; and
       ``(ii) the wages received by the worker from 
     reemployment.'';
       (ii) in subparagraph (B)--

       (I) by striking ``for a period not to exceed 2 years'' and 
     inserting ``for the eligibility period under subparagraph (A) 
     or (B) of paragraph (4) (as the case may be)''; and
       (II) by striking ``, as added by section 201 of the Trade 
     Act of 2002''; and

       (iii) by adding at the end the following:
       ``(C) Training and other services.--A worker described in 
     paragraph (3)(B) participating in the program established 
     under paragraph (1) is eligible to receive training approved 
     under section 236 and employment and case management services 
     under section 235.''; and
       (C) by striking paragraphs (3) through (5) and inserting 
     the following:
       ``(3) Eligibility.--
       ``(A) In general.--A group of workers certified under 
     subchapter A as eligible for adjustment assistance under 
     subchapter A is eligible for benefits described in paragraph 
     (2) under the program established under paragraph (1).
       ``(B) Individual eligibility.--A worker in a group of 
     workers described in subparagraph (A) may elect to receive 
     benefits described in paragraph (2) under the program 
     established under paragraph (1) if the worker--
       ``(i) is at least 50 years of age;
       ``(ii) earns not more than $55,000 each year in wages from 
     reemployment;
       ``(iii)(I) is employed on a full-time basis as defined by 
     the law of the State in which the worker is employed and is 
     not enrolled in a training program approved under section 
     236; or
       ``(II) is employed at least 20 hours per week and is 
     enrolled in a training program approved under section 236; 
     and
       ``(iv) is not employed at the firm from which the worker 
     was separated.
       ``(C) Calculation of amount of payments for certain 
     workers.--
       ``(i) In general.--In the case of a worker described in 
     subparagraph (B)(iii)(II), paragraph (2)(A) shall be applied 
     by substituting the percentage described in clause (ii) for 
     `50 percent'.
       ``(ii) Percentage described.--The percentage described in 
     this clause is the percentage--

       ``(I) equal to \1/2\ of the ratio of--

       ``(aa) the number of weekly hours of employment of the 
     worker referred to in subparagraph (B)(iii)(II), to
       ``(bb) the number of weekly hours of employment of the 
     worker at the time of separation, but

       ``(II) in no case more than 50 percent.

       ``(4) Eligibility period for payments.--
       ``(A) Worker who has not received trade readjustment 
     allowance.--In the case of a worker described in paragraph 
     (3)(B) who has not received a trade readjustment allowance 
     under part I of subchapter B pursuant to the certification 
     described in paragraph (3)(A), the worker may receive 
     benefits described in paragraph (2) for a period not to 
     exceed 2 years beginning on the earlier of--
       ``(i) the date on which the worker exhausts all rights to 
     unemployment insurance based on the separation of the worker 
     from the adversely affected employment that is the basis of 
     the certification; or
       ``(ii) the date on which the worker obtains reemployment 
     described in paragraph (3)(B).
       ``(B) Worker who has received trade readjustment 
     allowance.--In the case of a worker described in paragraph 
     (3)(B) who has received a trade readjustment allowance under 
     part I of subchapter B pursuant to the certification 
     described in paragraph (3)(A), the worker may receive 
     benefits described in paragraph (2) for a period of 104 weeks 
     beginning on the date on which the worker obtains 
     reemployment described in paragraph (3)(B), reduced by the 
     total number of weeks for which the worker received such 
     trade readjustment allowance.
       ``(5) Total amount of payments.--
       ``(A) In general.--The payments described in paragraph 
     (2)(A) made to a worker may not exceed--
       ``(i) $12,000 per worker during the eligibility period 
     under paragraph (4)(A); or
       ``(ii) the amount described in subparagraph (B) per worker 
     during the eligibility period under paragraph (4)(B).
       ``(B) Amount described.--The amount described in this 
     subparagraph is the amount equal to the product of--
       ``(i) $12,000, and
       ``(ii) the ratio of--

       ``(I) the total number of weeks in the eligibility period 
     under paragraph (4)(B) with respect to the worker, to
       ``(II) 104 weeks.

       ``(6) Limitation on other benefits.--A worker described in 
     paragraph (3)(B) may not receive a trade readjustment 
     allowance under part I of subchapter B pursuant to the 
     certification described in paragraph (3)(A) during any week 
     for which the worker receives a payment described in 
     paragraph (2)(A).''; and
       (3) in subsection (b)(2), by striking ``subsection 
     (a)(3)(B)'' and inserting ``subsection (a)(3)''.
       (b) Extension of Program.--Section 246(b)(1) of the Trade 
     Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking 
     ``the date that is 5 years'' and all that follows through the 
     end period and inserting ``December 31, 2010.''.
       (c) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 246 and inserting the following:

``Sec. 246. Reemployment trade adjustment assistance program.''.

                        Subpart E--Other Matters

     SEC. 1751. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

       (a) In General.--Subchapter C of chapter 2 of title II of 
     the Trade Act of 1974 (19 U.S.C. 2311 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 249A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

       ``(a) Establishment.--There is established in the 
     Department of Labor an office to be known as the Office of 
     Trade Adjustment Assistance (in this section referred to as 
     the `Office').
       ``(b) Head of Office.--The head of the Office shall be an 
     administrator, who shall report directly to the Deputy 
     Assistant Secretary for Employment and Training.
       ``(c) Principal Functions.--The principal functions of the 
     administrator of the Office shall be--
       ``(1) to oversee and implement the administration of trade 
     adjustment assistance for workers under this chapter; and
       ``(2) to carry out functions delegated to the Secretary of 
     Labor under this chapter, including--
       ``(A) making determinations under section 223;
       ``(B) providing information under section 225 about trade 
     adjustment assistance to workers and assisting such workers 
     to prepare petitions or applications for program benefits;
       ``(C) providing assistance to employers of groups of 
     workers that have filed petitions under section 221 in 
     submitting information required by the Secretary related to 
     the petitions;
       ``(D) ensuring workers covered by a certification of 
     eligibility under subchapter A receive the employment and 
     case management services described in section 235;
       ``(E) ensuring that States fully comply with agreements 
     entered into under section 239;
       ``(F) advocating for workers applying for assistance under 
     this chapter;
       ``(G) establishing and overseeing a hotline that workers, 
     employers, and other entities may call to obtain information 
     regarding eligibility criteria, procedural requirements, and 
     benefits available under this chapter; and

[[Page 3039]]

       ``(H) carrying out such other duties with respect to this 
     chapter as the Secretary specifies for purposes of this 
     section.
       ``(d) Administration.--
       ``(1) Designation.--The administrator shall designate an 
     employee of the Department of Labor with appropriate 
     experience and expertise to carry out the duties described in 
     paragraph (2).
       ``(2) Duties.--The officer or employee designated under 
     paragraph (1) shall--
       ``(A) receive complaints and requests for assistance 
     related to the trade adjustment assistance program under this 
     chapter;
       ``(B) resolve such complaints and requests for assistance, 
     in coordination with other employees of the Office;
       ``(C) compile basic information concerning such complaints 
     and requests for assistance; and
       ``(D) carry out such other duties with respect to this 
     chapter as the Secretary specifies for purposes of this 
     section.''.
       (b) Establishment of Deputy Assistant Secretary for 
     Employment and Training.--
       (1) In general.--There is established in the Department of 
     Labor a Deputy Assistant Secretary for Employment and 
     Training, who shall report directly to the Assistant 
     Secretary for Employment and Training Administration.
       (2) Appointment.--
       (A) In general.--The Deputy Assistant Secretary for 
     Employment and Training shall be appointed by the President, 
     by and with the advice and consent of the Senate.
       (B) Committee referral.--As an exercise of the rulemaking 
     power of the Senate, a nomination for Deputy Assistant 
     Secretary for Employment and Training shall be referred to 
     the Committee on Finance. If the Committee on Finance has not 
     reported such nomination at the close of the 30th day after 
     its referral to such Committee, the Committee shall be 
     automatically discharged from further consideration of such 
     nomination and such nomination shall be referred to the 
     Committee on Health, Education, Labor and Pensions.
       (3) Duties.--The Deputy Assistant Secretary for Employment 
     and Training shall--
       (A) oversee the operation of the Office of Trade Adjustment 
     Assistance, established under section 249A(a) of the Trade 
     Act of 1974, as added by subsection (a) of this section; and
       (B) carry out such other duties as the Secretary of Labor 
     may assign.
       (c) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by inserting after the item relating 
     to section 249 the following:

``Sec. 249A. Office of Trade Adjustment Assistance.''.

     SEC. 1752. ACCOUNTABILITY OF STATE AGENCIES; COLLECTION AND 
                   PUBLICATION OF PROGRAM DATA; AGREEMENTS WITH 
                   STATES.

       (a) In General.--Section 239(a) of the Trade Act of 1974 
     (19 U.S.C. 2311(a)) is amended--
       (1) by amending clause (2) to read as follows: ``(2) in 
     accordance with subsection (f), shall make available to 
     adversely affected workers and adversely affected incumbent 
     workers covered by a certification under subchapter A the 
     employment and case management services described in section 
     235,''; and
       (2) by striking ``will'' each place it appears and 
     inserting ``shall''.
       (b) Form and Manner of Data.--Section 239 of the Trade Act 
     of 1974 (19 U.S.C. 2311) is amended--
       (1) by redesignating subsections (c) through (g) as 
     subsections (d) through (h), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Form and Manner of Data.--Each agreement under this 
     subchapter shall--
       ``(1) provide the Secretary with the authority to collect 
     any data the Secretary determines necessary to meet the 
     requirements of this chapter; and
       ``(2) specify the form and manner in which any such data 
     requested by the Secretary shall be reported.''.
       (c) State Activities.--Section 239(g) of the Trade Act of 
     1974 (as redesignated) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by amending paragraph (4) to read as follows:
       ``(4) perform outreach, intake, and orientation for 
     assistance and benefits available under this chapter for 
     adversely affected workers and adversely affected incumbent 
     workers covered by a certification under subchapter A, and''; 
     and
       (3) by adding at the end the following:
       ``(5) make employment and case management services 
     described in section 235 available to adversely affected 
     workers and adversely affected incumbent workers covered by a 
     certification under subchapter A and, if funds provided to 
     carry out this chapter are insufficient to make such services 
     available, make arrangements to make such services available 
     through other Federal programs.''.
       (d) Reporting Requirement.--Section 239(h) of the Trade Act 
     of 1974 (as redesignated) is amended by striking ``1998.'' 
     and inserting ``1998 and a description of the State's rapid 
     response activities under section 221(a)(2)(A).''.
       (e) Control Measures.--Section 239 of the Trade Act of 1974 
     (19 U.S.C. 2311), as amended, is further amended by adding at 
     the end the following:
       ``(i) Control Measures.--
       ``(1) In general.--The Secretary shall require each 
     cooperating State and cooperating State agency to implement 
     effective control measures and to effectively oversee the 
     operation and administration of the trade adjustment 
     assistance program under this chapter, including by means of 
     monitoring the operation of control measures to improve the 
     accuracy and timeliness of the data being collected and 
     reported.
       ``(2) Definition.--For purposes of paragraph (1), the term 
     `control measures' means measures that--
       ``(A) are internal to a system used by a State to collect 
     data; and
       ``(B) are designed to ensure the accuracy and verifiability 
     of such data.
       ``(j) Data Reporting.--
       ``(1) In general.--Any agreement entered into under this 
     section shall require the cooperating State or cooperating 
     State agency to report to the Secretary on a quarterly basis 
     comprehensive performance accountability data, to consist 
     of--
       ``(A) the core indicators of performance described in 
     paragraph (2)(A);
       ``(B) the additional indicators of performance described in 
     paragraph (2)(B), if any; and
       ``(C) a description of efforts made to improve outcomes for 
     workers under the trade adjustment assistance program.
       ``(2) Core indicators described.--
       ``(A) In general.--The core indicators of performance 
     described in this paragraph are--
       ``(i) the percentage of workers receiving benefits under 
     this chapter who are employed during the second calendar 
     quarter following the calendar quarter in which the workers 
     cease receiving such benefits;
       ``(ii) the percentage of such workers who are employed in 
     each of the third and fourth calendar quarters following the 
     calendar quarter in which the workers cease receiving such 
     benefits; and
       ``(iii) the earnings of such workers in each of the third 
     and fourth calendar quarters following the calendar quarter 
     in which the workers cease receiving such benefits.
       ``(B) Additional indicators.--The Secretary and a 
     cooperating State or cooperating State agency may agree upon 
     additional indicators of performance for the trade adjustment 
     assistance program under this chapter, as appropriate.
       ``(3) Standards with respect to reliability of data.--In 
     preparing the quarterly report required by paragraph (1), 
     each cooperating State or cooperating State agency shall 
     establish procedures that are consistent with guidelines to 
     be issued by the Secretary to ensure that the data reported 
     are valid and reliable.''.

     SEC. 1753. VERIFICATION OF ELIGIBILITY FOR PROGRAM BENEFITS.

       Section 239 of the Trade Act of 1974 (19 U.S.C. 2311), as 
     amended, is further amended by adding at the end the 
     following:
       ``(k) Verification of Eligibility for Program Benefits.--
       ``(1) In general.--An agreement under this subchapter shall 
     provide that the State shall periodically redetermine that a 
     worker receiving benefits under this subchapter who is not a 
     citizen or national of the United States remains in a 
     satisfactory immigration status. Once satisfactory 
     immigration status has been initially verified through the 
     immigration status verification system described in section 
     1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) for 
     purposes of establishing a worker's eligibility for 
     unemployment compensation, the State shall reverify the 
     worker's immigration status if the documentation provided 
     during initial verification will expire during the period in 
     which that worker is potentially eligible to receive benefits 
     under this subchapter. The State shall conduct such 
     redetermination in a timely manner, utilizing the immigration 
     status verification system described in section 1137(d) of 
     the Social Security Act (42 U.S.C. 1320b-7(d)).
       ``(2) Procedures.--The Secretary shall establish procedures 
     to ensure the uniform application by the States of the 
     requirements of this subsection.''.

     SEC. 1754. COLLECTION OF DATA AND REPORTS; INFORMATION TO 
                   WORKERS.

       (a) In General.--Subchapter C of chapter 2 of title II of 
     the Trade Act of 1974 (19 U.S.C. 2311 et seq.), as amended, 
     is further amended by adding at the end the following:

     ``SEC. 249B. COLLECTION AND PUBLICATION OF DATA AND REPORTS; 
                   INFORMATION TO WORKERS.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary shall 
     implement a system to collect and report the data described 
     in subsection (b), as well as any other information that the 
     Secretary considers appropriate to effectively carry out this 
     chapter.
       ``(b) Data To Be Included.--The system required under 
     subsection (a) shall include collection of and reporting on 
     the following data for each fiscal year:
       ``(1) Data on petitions filed, certified, and denied.--

[[Page 3040]]

       ``(A) The number of petitions filed, certified, and denied 
     under this chapter.
       ``(B) The number of workers covered by petitions filed, 
     certified, and denied.
       ``(C) The number of petitions, classified by--
       ``(i) the basis for certification, including increased 
     imports, shifts in production, and other bases of 
     eligibility; and
       ``(ii) congressional district.
       ``(D) The average time for processing such petitions.
       ``(2) Data on benefits received.--
       ``(A) The number of workers receiving benefits under this 
     chapter.
       ``(B) The number of workers receiving each type of benefit, 
     including training, trade readjustment allowances, employment 
     and case management services, and relocation and job search 
     allowances, and, to the extent feasible, credits for health 
     insurance costs under section 35 of the Internal Revenue Code 
     of 1986.
       ``(C) The average time during which such workers receive 
     each such type of benefit.
       ``(3) Data on training.--
       ``(A) The number of workers enrolled in training approved 
     under section 236, classified by major types of training, 
     including classroom training, training through distance 
     learning, on-the-job training, and customized training.
       ``(B) The number of workers enrolled in full-time training 
     and part-time training.
       ``(C) The average duration of training.
       ``(D) The number of training waivers granted under section 
     231(c), classified by type of waiver.
       ``(E) The number of workers who complete training and the 
     duration of such training.
       ``(F) The number of workers who do not complete training.
       ``(4) Data on outcomes.--
       ``(A) A summary of the quarterly reports required under 
     section 239(j).
       ``(B) The sectors in which workers are employed after 
     receiving benefits under this chapter.
       ``(5) Data on rapid response activities.--Whether rapid 
     response activities were provided with respect to each 
     petition filed under section 221.
       ``(c) Classification of Data.--To the extent possible, in 
     collecting and reporting the data described in subsection 
     (b), the Secretary shall classify the data by industry, 
     State, and national totals.
       ``(d) Report.--Not later than December 15 of each year, the 
     Secretary shall submit to the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives a report that includes--
       ``(1) a summary of the information collected under this 
     section for the preceding fiscal year;
       ``(2) information on the distribution of funds to each 
     State pursuant to section 236(a)(2); and
       ``(3) any recommendations of the Secretary with respect to 
     changes in eligibility requirements, benefits, or training 
     funding under this chapter based on the data collected under 
     this section.
       ``(e) Availability of Data.--
       ``(1) In general.--The Secretary shall make available to 
     the public, by publishing on the website of the Department of 
     Labor and by other means, as appropriate--
       ``(A) the report required under subsection (d);
       ``(B) the data collected under this section, in a 
     searchable format; and
       ``(C) a list of cooperating States and cooperating State 
     agencies that failed to submit the data required by this 
     section to the Secretary in a timely manner.
       ``(2) Updates.--The Secretary shall update the data under 
     paragraph (1) on a quarterly basis.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by inserting after the item relating 
     to section 249A the following:

``Sec. 249B. Collection and publication of data and reports; 
              information to workers.''.

     SEC. 1755. FRAUD AND RECOVERY OF OVERPAYMENTS.

       Section 243(a)(1) of the Trade Act of 1974 (19 U.S.C. 
     2315(a)(1)) is amended--
       (1) in the matter preceding subparagraph (A)--
       (A) by striking ``may waive'' and inserting ``shall 
     waive''; and
       (B) by striking ``, in accordance with guidelines 
     prescribed by the Secretary,''; and
       (2) in subparagraph (B), by striking ``would be contrary to 
     equity and good conscience'' and inserting ``would cause a 
     financial hardship for the individual (or the individual's 
     household, if applicable) when taking into consideration the 
     income and resources reasonably available to the individual 
     (or household) and other ordinary living expenses of the 
     individual (or household)''.

     SEC. 1756. SENSE OF CONGRESS ON APPLICATION OF TRADE 
                   ADJUSTMENT ASSISTANCE.

       (a) In General.--Chapter 5 of title II of the Trade Act of 
     1974 (19 U.S.C. 2391 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 288. SENSE OF CONGRESS.

       ``It is the sense of Congress that the Secretaries of 
     Labor, Commerce, and Agriculture should apply the provisions 
     of chapter 2 (relating to adjustment assistance for workers), 
     chapter 3 (relating to adjustment assistance for firms), 
     chapter 4 (relating to adjustment assistance for 
     communities), and chapter 6 (relating to adjustment 
     assistance for farmers), respectively, with the utmost regard 
     for the interests of workers, firms, communities, and farmers 
     petitioning for benefits under such chapters.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by inserting after the item relating 
     to section 287 the following:

``Sec. 288. Sense of Congress.''.

     SEC. 1757. CONSULTATIONS IN PROMULGATION OF REGULATIONS.

       Section 248 of the Trade Act of 1974 (19 U.S.C. 2320) is 
     amended--
       (1) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(a) In General.--The Secretary shall''; and
       (2) by adding at the end the following:
       ``(b) Consultations.--Not later than 90 days before issuing 
     a final rule or regulation under subsection (a), the 
     Secretary shall consult with the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives with respect to the final rule or 
     regulation.''.

     SEC. 1758. TECHNICAL CORRECTIONS.

       (a) Determinations by Secretary of Labor.--Section 223(c) 
     of the Trade Act of 1974 (19 U.S.C. 2273(c)) is amended by 
     striking ``his determination'' and inserting ``a 
     determination''.
       (b) Qualifying Requirements for Workers.--Section 231(a) of 
     the Trade Act of 1974 (19 U.S.C. 2291(a)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``his application'' and inserting ``the worker's 
     application''; and
       (B) in subparagraph (A), by striking ``he is covered'' and 
     inserting ``the worker is covered'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking the period and 
     inserting a comma; and
       (B) in subparagraph (D), by striking ``5 U.S.C. 
     8521(a)(1)'' and inserting ``section 8521(a)(1) of title 5, 
     United States Code''; and
       (3) in paragraph (3)--
       (A) by striking ``he'' each place it appears and inserting 
     ``the worker''; and
       (B) in subparagraph (C), by striking ``him'' and inserting 
     ``the worker''.
       (c) Subpoena Power.--Section 249 of the Trade Act of 1974 
     (19 U.S.C. 2321) is amended--
       (1) in the section heading, by striking ``SUBPENA'' and 
     inserting ``SUBPOENA''; and
       (2) by striking ``subpena'' and inserting ``subpoena'' each 
     place it appears.
       (d) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 249 and inserting the following:

``Sec. 249. Subpoena power.''.

             PART II--TRADE ADJUSTMENT ASSISTANCE FOR FIRMS

     SEC. 1761. EXPANSION TO SERVICE SECTOR FIRMS.

       (a) In General.--Section 251 of the Trade Act of 1974 (19 
     U.S.C. 2341) is amended by inserting ``or service sector 
     firm'' after ``agricultural firm'' each place it appears.
       (b) Definition of Service Sector Firm.--Section 261 of the 
     Trade Act of 1974 (19 U.S.C. 2351) is amended--
       (1) by striking ``chapter,'' and inserting ``chapter:'';
       (2) by striking ``the term `firm''' and inserting the 
     following:
       ``(1) Firm.--The term `firm'''; and
       (3) by adding at the end the following:
       ``(2) Service sector firm.--The term `service sector firm' 
     means a firm engaged in the business of supplying 
     services.''.
       (c) Conforming Amendments.--
       (1) Section 251(c)(1)(C) of the Trade Act of 1974 (19 
     U.S.C. 2341(c)(1)(C)) is amended--
       (A) by inserting ``or services'' after ``articles'' the 
     first place it appears; and
       (B) by inserting ``or services which are supplied'' after 
     ``produced''.
       (2) Section 251(c)(2)(B)(ii) of such Act is amended to read 
     as follows:
       ``(ii) Any firm that engages in exploration or drilling for 
     oil or natural gas, or otherwise produces oil or natural gas, 
     shall be considered to be producing articles directly 
     competitive with imports of oil and with imports of natural 
     gas.''.

     SEC. 1762. MODIFICATION OF REQUIREMENTS FOR CERTIFICATION.

       Section 251(c)(1)(B) of the Trade Act of 1974 (19 U.S.C. 
     2341(c)(1)(B)) is amended to read as follows:
       ``(B) that--
       ``(i) sales or production, or both, of the firm have 
     decreased absolutely,
       ``(ii) sales or production, or both, of an article or 
     service that accounted for not less than 25 percent of the 
     total sales or production of the firm during the 12-month 
     period preceding the most recent 12-month period for which 
     date are available have decreased absolutely,
       ``(iii) sales or production, or both, of the firm during 
     the most recent 12-month period for which data are available 
     have decreased compared to--
       ``(I) the average annual sales or production for the firm 
     during the 24-month period preceding that 12-month period, or

[[Page 3041]]

       ``(II) the average annual sales or production for the firm 
     during the 36-month period preceding that 12-month period, 
     and.
       ``(iv) sales or production, or both, of an article or 
     service that accounted for not less than 25 percent of the 
     total sales or production of the firm during the most recent 
     12-month period for which data are available have decreased 
     compared to--
       ``(I) the average annual sales or production for the 
     article or service during the 24-month period preceding that 
     12-month period, or
       ``(II) the average annual sales or production for the 
     article or service during the 36-month period preceding that 
     12-month period, and''.

     SEC. 1763. BASIS FOR DETERMINATIONS.

       Section 251 of the Trade Act of 1974 (19 U.S.C. 2341), as 
     amended, is further amended by adding at the end the 
     following:
       ``(e) Basis for Secretary's Determinations.--For purposes 
     of subsection (c)(1)(C), the Secretary may determine that 
     there are increased imports of like or directly competitive 
     articles or services, if customers accounting for a 
     significant percentage of the decrease in the sales of the 
     firm certify to the Secretary that such customers have 
     increased their imports of such articles or services from a 
     foreign country, either absolutely or relative to their 
     acquisition of such articles or services from suppliers 
     located in the United States.
       ``(f) Notification to Firms of Availability of Benefits.--
     Upon receiving notice from the Secretary of Labor under 
     section 225 of the identity of a firm that is covered by a 
     certification issued under section 223, the Secretary of 
     Commerce shall notify the firm of the availability of 
     adjustment assistance under this chapter.''.

     SEC. 1764. OVERSIGHT AND ADMINISTRATION; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) In General.--Chapter 3 of title II of the Trade Act of 
     1974 (19 U.S.C. 2341 et seq.) is amended--
       (1) by striking sections 254, 255, 256, and 257;
       (2) by redesignating sections 258, 259, 260, 261, 262, 264, 
     and 265, as sections 256, 257, 258, 259, 260, 261, and 262, 
     respectively; and
       (3) by inserting after section 253 the following:

     ``SEC. 254. OVERSIGHT AND ADMINISTRATION.

       ``(a) In General.--The Secretary shall, to such extent and 
     in such amounts as are provided in appropriations Acts, 
     provide grants to intermediary organizations (referred to in 
     section 253(b)(1)) throughout the United States pursuant to 
     agreements with such intermediary organizations. Each such 
     agreement shall require the intermediary organization to 
     provide benefits to firms certified under section 251.The 
     Secretary shall, to the maximum extent practicable, provide 
     by October 1, 2010, that contracts entered into with 
     intermediary organizations be for a 12-month period and that 
     all such contracts have the same beginning date and the same 
     ending date.
       ``(b) Distribution of Funds.--
       ``(1) In general.--Not later than 60 days after the date of 
     the enactment of this section, the Secretary shall develop a 
     methodology for the distribution of funds among the 
     intermediary organizations described in subsection (a).
       ``(2) Prompt initial distribution.--The methodology 
     described in paragraph (1) shall ensure the prompt initial 
     distribution of funds and establish additional criteria 
     governing the apportionment and distribution of the remainder 
     of such funds among the intermediary organizations.
       ``(3) Criteria.--The methodology described in paragraph (1) 
     shall include criteria based on the data in the annual report 
     on trade adjustment for firms program described in section 
     1766.
       ``(c) Requirements for Contracts.--An agreement with an 
     intermediary organization described in subsection (a) shall 
     require the intermediary organization to contract for the 
     supply of services to carry out grants under this chapter in 
     accordance with terms and conditions that are consistent with 
     guidelines established by the Secretary.
       ``(d) Consultations.--
       ``(1) Consultations regarding methodology.--The Secretary 
     shall consult with the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives not less than 60 days before finalizing the 
     methodology described in subsection (b) or adopting any 
     changes to such methodology.
       ``(2) Consultations regarding guidelines.--The Secretary 
     shall consult with the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives not less than 60 days before finalizing the 
     guidelines described in subsection (c) or adopting any 
     subsequent changes to such guidelines.

     ``SEC. 255. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary $50,000,000 for each of the fiscal years 
     2009 through 2010, and $12,501,000 for the period beginning 
     October 1, 2010, and ending December 31, 2010, to carry out 
     the provisions of this chapter. Amounts appropriated pursuant 
     to this subsection shall--
       ``(1) be available to provide adjustment assistance to 
     firms that file a petition for such assistance pursuant to 
     this chapter on or before December 31, 2010; and
       ``(2) otherwise remain available until expended.
       ``(b) Personnel.--Of the amounts appropriated pursuant to 
     this section for each fiscal year, $350,000 shall be 
     available for full-time positions in the Department of 
     Commerce to administer the provisions of this chapter. Of 
     such funds the Secretary shall make available to the Economic 
     Development Administration such sums as may be necessary to 
     establish the position of Director of Adjustment Assistance 
     for Firms and such other full-time positions as may be 
     appropriate to administer the provisions of this chapter.''.
       (b) Residual Authority.--The Secretary of Commerce shall 
     have the authority to modify, terminate, resolve, liquidate, 
     or take any other action with respect to a loan, guarantee, 
     contract, or any other financial assistance that was extended 
     under section 254, 255, 256, or 257 of the Trade Act of 1974 
     (19 U.S.C. 2344, 2345, 2346, and 2347), as in effect on the 
     day before the effective date set forth in section 1791.
       (c) Conforming Amendments.--
       (1) Section 256 of the Trade Act of 1974, as redesignated 
     by subsection (a) of this section, is amended by striking 
     subsection (d).
       (2) Section 258 of the Trade Act of 1974, as redesignated 
     by subsection (a) of this section, is amended--
       (A) in the first sentence, by striking ``and financial''; 
     and
       (B) in the last sentence--
       (i) by striking ``sections 253 and 254'' and inserting 
     ``section 253''; and
       (ii) by striking ``title 28 of the United States Code'' and 
     inserting ``title 28, United States Code''.
       (d) Clerical Amendments.--The table of contents of the 
     Trade Act of 1974 is amended by striking the items relating 
     to sections 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 
     and 265, and inserting the following:

``Sec. 254. Oversight and administration.
``Sec. 255. Authorization of appropriations.
``Sec. 256. Protective provisions.
``Sec. 257. Penalties.
``Sec. 258. Civil actions.
``Sec. 259. Definitions.
``Sec. 260. Regulations.
``Sec. 261. Study by Secretary of Commerce when International Trade 
              Commission begins investigation; action where there is 
              affirmative finding.
``Sec. 262. Assistance to industries.''.

     SEC. 1765. INCREASED PENALTIES FOR FALSE STATEMENTS.

       Section 257 of the Trade Act of 1974, as redesignated by 
     section 1764(a), is amended to read as follows:

     ``SEC. 257. PENALTIES.

       ``Whoever--
       ``(1) makes a false statement of a material fact knowing it 
     to be false, or knowingly fails to disclose a material fact, 
     or willfully overvalues any security, for the purpose of 
     influencing in any way a determination under this chapter, or 
     for the purpose of obtaining money, property, or anything of 
     value under this chapter, or
       ``(2) makes a false statement of a material fact knowing it 
     to be false, or knowingly fails to disclose a material fact, 
     when providing information to the Secretary during an 
     investigation of a petition under this chapter,

     shall be imprisoned for not more than 2 years, or fined under 
     title 18, United States Code, or both.''.

     SEC. 1766. ANNUAL REPORT ON TRADE ADJUSTMENT FOR FIRMS.

       (a) Annual Report on Trade Adjustment for Firms Program.--
     Not later than December 15, 2009, and each year thereafter, 
     the Secretary of Commerce shall prepare a report containing 
     data regarding the trade adjustment for firms program 
     provided for in chapter 3 of title II of the Trade Act of 
     1974 (19 U.S.C. 2341 et seq.) for the preceding fiscal year. 
     The data shall be classified by intermediary organization, 
     State, and national totals and include the following:
       (1) The number of firms that inquired about the program.
       (2) The number of petitions filed.
       (3) The number of petitions certified and denied.
       (4) The date each petition was filed, the date on which a 
     determination was made on the petition, and the average time 
     for processing petitions.
       (5) The number of petitions filed and firms certified for 
     each congressional district of the United States.
       (6) The number of firms that received assistance in 
     preparing their petitions.
       (7) The number of firms that received assistance developing 
     business recovery plans.
       (8) The number of business recovery plans approved and 
     denied by the Secretary of Commerce.
       (9) Sales, employment, and productivity at each firm 
     participating in the program at the time of certification.
       (10) Sales, employment, and productivity at each firm upon 
     completion of the program and each year for the 2-year period 
     following completion.
       (11) The financial assistance received by each firm 
     participating in the program.
       (12) The financial contribution made by each firm 
     participating in the program.

[[Page 3042]]

       (13) The types of technical assistance included in the 
     business recovery plans of firms participating in the 
     program.
       (14) The number of firms leaving the program before 
     completing the project or projects in their business recovery 
     plans, classified by the general cause for early termination.
       (b) Report to Congress; Publication.--The Secretary of 
     Commerce shall--
       (1) submit the report described in subsection (a) to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives; and
       (2) publish the report in the Federal Register and on the 
     website of the Department of Commerce.
       (c) Protection of Confidential Information.--The Secretary 
     of Commerce may not release information described in 
     subsection (a) that the Secretary considers to be 
     confidential business information unless the person 
     submitting the confidential business information had notice, 
     at the time of submission, that such information would be 
     released by the Secretary, or such person subsequently 
     consents to the release of the information. Nothing in this 
     subparagraph shall be construed to prohibit the Secretary 
     from providing such confidential business information to a 
     court in camera or to another party under a protective order 
     issued by a court.

     SEC. 1767. TECHNICAL CORRECTIONS.

       (a) In General.--Section 251 of the Trade Act of 1974 (19 
     U.S.C. 2341), as amended, is further amended--
       (1) in subsection (a), by striking ``he has'' and inserting 
     ``the Secretary has''; and
       (2) in subsection (d), by striking ``60 days'' and 
     inserting ``40 days''.
       (b) Technical Assistance.--Section 253(a)(3) of the Trade 
     Act of 1974 (19 U.S.C. 2343(a)(3)) is amended by striking 
     ``of a certified firm'' and inserting ``to a certified 
     firm''.

         PART III--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

     SEC. 1771. PURPOSE.

       The purpose of this part is to assist communities impacted 
     by trade with economic adjustment through the coordination of 
     Federal, State, and local resources, the creation of 
     community-based development strategies, and the development 
     and provision of programs that meet the training needs of 
     workers covered by certifications under section 223.

     SEC. 1772. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.

       (a) In General.--Chapter 4 of title II of the Trade Act of 
     1974 (19 U.S.C. 2371 et seq.) is amended to read as follows:

        ``CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES

      ``Subchapter A--Trade Adjustment Assistance for Communities

     ``SEC. 271. DEFINITIONS.

       ``In this subchapter:
       ``(1) Agricultural commodity producer.--The term 
     `agricultural commodity producer' has the meaning given that 
     term in section 291.
       ``(2) Community.--The term `community' means a city, 
     county, or other political subdivision of a State or a 
     consortium of political subdivisions of a State.
       ``(3) Community impacted by trade.--The term `community 
     impacted by trade' means a community described in section 
     273(b)(2).
       ``(4) Eligible community.--The term `eligible community' 
     means a community that the Secretary has determined under 
     section 273(b)(1) is eligible to apply for assistance under 
     this subchapter.
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.

     ``SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR 
                   COMMUNITIES PROGRAM.

       ``Not later than August 1, 2009, the Secretary shall 
     establish a trade adjustment assistance for communities 
     program at the Department of Commerce under which the 
     Secretary shall--
       ``(1) provide technical assistance under section 274 to 
     communities impacted by trade to facilitate the economic 
     adjustment of those communities; and
       ``(2) award grants to communities impacted by trade to 
     carry out strategic plans developed under section 276.

     ``SEC. 273. ELIGIBILITY; NOTIFICATION.

       ``(a) Petition.--
       ``(1) In general.--A community may submit a petition to the 
     Secretary for an affirmative determination under subsection 
     (b)(1) that the community is eligible to apply for assistance 
     under this subchapter if--
       ``(A) on or after August 1, 2009, one or more 
     certifications described in subsection (b)(3) are made with 
     respect to the community; and
       ``(B) the community submits the petition not later than 180 
     days after the date of the most recent certification.
       ``(2) Special rule with respect to certain communities.--In 
     the case of a community with respect to which one or more 
     certifications described in subsection (b)(3) were made on or 
     after January 1, 2007, and before August 1, 2009, the 
     community may submit a petition to the Secretary for an 
     affirmative determination under subsection (b)(1) not later 
     than February 1, 2010.
       ``(b) Affirmative Determination.--
       ``(1) In general.--The Secretary shall make an affirmative 
     determination that a community is eligible to apply for 
     assistance under this subchapter if the Secretary determines 
     that the community is a community impacted by trade.
       ``(2) Community impacted by trade.--A community is a 
     community impacted by trade if--
       ``(A) one or more certifications described in paragraph (3) 
     are made with respect to the community; and
       ``(B) the Secretary determines that the community is 
     significantly affected by the threat to, or the loss of, jobs 
     associated with that certification.
       ``(3) Certification described.--A certification described 
     in this paragraph is a certification--
       ``(A) by the Secretary of Labor that a group of workers in 
     the community is eligible to apply for assistance under 
     section 223;
       ``(B) by the Secretary of Commerce that a firm located in 
     the community is eligible to apply for adjustment assistance 
     under section 251; or
       ``(C) by the Secretary of Agriculture that a group of 
     agricultural commodity producers in the community is eligible 
     to apply for adjustment assistance under section 293.
       ``(c) Notifications.--
       ``(1) Notification to the governor.--The Governor of a 
     State shall be notified promptly--
       ``(A) by the Secretary of Labor, upon making a 
     determination that a group of workers in the State is 
     eligible for assistance under section 223;
       ``(B) by the Secretary of Commerce, upon making a 
     determination that a firm in the State is eligible for 
     assistance under section 251; and
       ``(C) by the Secretary of Agriculture, upon making a 
     determination that a group of agricultural commodity 
     producers in the State is eligible for assistance under 
     section 293.
       ``(2) Notification to community.--Upon making an 
     affirmative determination under subsection (b)(1) that a 
     community is eligible to apply for assistance under this 
     subchapter, the Secretary shall promptly notify the community 
     and the Governor of the State in which the community is 
     located--
       ``(A) of the affirmative determination;
       ``(B) of the applicable provisions of this subchapter; and
       ``(C) of the means for obtaining assistance under this 
     subchapter and other appropriate economic assistance that may 
     be available to the community.

     ``SEC. 274. TECHNICAL ASSISTANCE.

       ``(a) In General.--The Secretary shall provide 
     comprehensive technical assistance to an eligible community 
     to assist the community to--
       ``(1) diversify and strengthen the economy in the 
     community;
       ``(2) identify significant impediments to economic 
     development that result from the impact of trade on the 
     community; and
       ``(3) develop a strategic plan under section 276 to address 
     economic adjustment and workforce dislocation in the 
     community , including unemployment among agricultural 
     commodity producers.
       ``(b) Coordination of Federal Response.--The Secretary 
     shall coordinate the Federal response to an eligible 
     community by--
       ``(1) identifying Federal, State, and local resources that 
     are available to assist the community in responding to 
     economic distress; and
       ``(2) assisting the community in accessing available 
     Federal assistance and ensuring that such assistance is 
     provided in a targeted, integrated manner.
       ``(c) Interagency Community Assistance Working Group.--
       ``(1) In general.--The Secretary shall establish an 
     interagency Community Assistance Working Group, to be chaired 
     by the Secretary or the Secretary's designee, who shall 
     assist the Secretary with the coordination of the Federal 
     response pursuant to subsection (b).
       ``(2) Membership.--The Working Group shall consist of 
     representatives of any Federal department or agency with 
     responsibility for providing economic adjustment assistance, 
     including the Department of Agriculture, the Department of 
     Defense, the Department of Education, the Department of 
     Labor, the Department of Housing and Urban Development, the 
     Department of Health and Human Services, the Small Business 
     Administration, the Department of the Treasury, and any other 
     Federal, State, or regional public department or agency the 
     Secretary determines to be appropriate.

     ``SEC. 275. GRANTS FOR ELIGIBLE COMMUNITIES.

       ``(a) In General.--The Secretary may award a grant under 
     this section to an eligible community to assist the community 
     in carrying out any project or program that is included in a 
     strategic plan developed by the community under section 276.
       ``(b) Application.--
       ``(1) In general.--An eligible community seeking to receive 
     a grant under this section shall submit a grant application 
     to the Secretary that contains--
       ``(A) the strategic plan developed by the community under 
     section 276(a)(1) and approved by the Secretary under section 
     276(a)(2); and

[[Page 3043]]

       ``(B) a description of the project or program included in 
     the strategic plan with respect to which the community seeks 
     the grant.
       ``(2) Coordination among grant programs.--If an entity in 
     an eligible community is seeking or plans to seek a Community 
     College and Career Training Grant under section 278 or a 
     Sector Partnership Grant under section 279A while the 
     eligible community is seeking a grant under this section, the 
     eligible community shall include in the grant application a 
     description of how the eligible community will integrate any 
     projects or programs carried out using a grant under this 
     section with any projects or programs that may be carried out 
     using such other grants.
       ``(c) Limitation.--An eligible community may not be awarded 
     more than $5,000,000 under this section.
       ``(d) Cost-Sharing.--
       ``(1) Federal share.--The Federal share of a project or 
     program for which a grant is awarded under this section may 
     not exceed 95 percent of the cost of such project or program.
       ``(2) Community share.--The Secretary shall require, as a 
     condition of awarding a grant to an eligible community under 
     this section, that the eligible community contribute not less 
     than an amount equal to 5 percent of the amount of the grant 
     toward the cost of the project or program for which the grant 
     is awarded.
       ``(e) Grants to Small- and Medium-Sized Communities.--The 
     Secretary shall give priority to grant applications submitted 
     under this section by eligible communities that are small- 
     and medium-sized communities.
       ``(f) Annual Report.--Not later than December 15 in each of 
     the calendar years 2009 through 2013, the Secretary shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report--
       ``(1) describing each grant awarded under this section 
     during the preceding fiscal year; and
       ``(2) assessing the impact on the eligible community of 
     each such grant awarded in a fiscal year before the fiscal 
     year referred to in paragraph (1).

     ``SEC. 276. STRATEGIC PLANS.

       ``(a) In General.--
       ``(1) Involvement of private and public entities.--An 
     eligible community that intends to apply for a grant under 
     section 275 shall--
       ``(A) develop a strategic plan for the community's economic 
     adjustment to the impact of trade with the entities described 
     in paragraph (2) to the extent practicable; and
       ``(B) submit the plan to the Secretary for evaluation and 
     approval.
       ``(2) Entities described.--Entities described in this 
     paragraph are public and private representatives, firms, and 
     other entities within the eligible community, including--
       ``(A) local, county, or State government serving the 
     community;
       ``(B) firms, including small- and medium-sized firms, 
     within the community;
       ``(C) local workforce investment boards established under 
     section 117 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2832);
       ``(D) labor organizations, including State labor 
     federations and labor-management initiatives, representing 
     workers in the community; and
       ``(E) educational institutions, local educational agencies, 
     or other training providers serving the community.
       ``(b) Contents.--The strategic plan shall, at a minimum, 
     contain the following:
       ``(1) A description and analysis of the capacity of the 
     eligible community to achieve economic adjustment to the 
     impact of trade.
       ``(2) An analysis of the economic development challenges 
     and opportunities facing the community as well as the 
     strengths and weaknesses of the economy of the community.
       ``(3) An assessment of the commitment of the eligible 
     community to the strategic plan over the long term and the 
     participation and input of members of the community affected 
     by economic dislocation.
       ``(4) A description of the role and the participation of 
     the entities described in subsection (a)(2) in developing the 
     strategic plan.
       ``(5) A description of the projects to be undertaken by the 
     eligible community under the strategic plan.
       ``(6) A description of how the strategic plan and the 
     projects to be undertaken by the eligible community will 
     facilitate the community's economic adjustment.
       ``(7) A description of the educational and training 
     programs available to workers in the eligible community and 
     the future employment needs of the community.
       ``(8) An assessment of the cost and timing of funds 
     required by the eligible community to implement the strategic 
     plan, including the method of financing to be used.
       ``(9) A strategy for continuing the economic adjustment of 
     the eligible community after the completion of the projects 
     described in paragraph (4).
       ``(c) Grants to Develop Strategic Plans.--
       ``(1) In general.--The Secretary, upon receipt of an 
     application from an eligible community, may award a grant to 
     the community to assist the community in developing a 
     strategic plan under subsection (a)(1). A grant awarded under 
     this paragraph shall not exceed 75 percent of the cost of 
     developing the strategic plan.
       ``(2) Funds to be used.--Of the funds appropriated pursuant 
     to section 277(c), the Secretary may make available not more 
     than $25,000,000 each fiscal year to provide grants to 
     eligible communities under paragraph (1).

     ``SEC. 277. GENERAL PROVISIONS.

       ``(a) Regulations.--
       ``(1) In general.--The Secretary shall prescribe such 
     regulations as are necessary to carry out the provisions of 
     this subchapter, including--
       ``(A) establishing specific guidelines for the submission 
     and evaluation of a strategic plan under section 276;
       ``(B) establishing specific guidelines for the submission 
     and evaluation of grant applications under section 275; and
       ``(C) administering the grant programs established under 
     sections 275 and 276.
       ``(2) Consultations.--The Secretary shall consult with the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives not less than 90 
     days prior to promulgating any final rule or regulation 
     pursuant to paragraph (1).
       ``(b) Personnel.--The Secretary shall designate such staff 
     as may be necessary to carry out the responsibilities 
     described in this subchapter.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary $150,000,000 for each of the fiscal years 
     2009 and 2010, and $37,500,000 for the period beginning 
     October 1, 2010, and ending December 31, 2010, to carry out 
     this subchapter.
       ``(2) Availability.--Amounts appropriated pursuant to this 
     subchapter--
       ``(A) shall be available to provide adjustment assistance 
     to communities that have petitioned or applied for assistance 
     pursuant to this chapter on or before December 31, 2010; and
       ``(B) shall otherwise remain available until expended.
       ``(3) Supplement not supplant.--Funds appropriated pursuant 
     to this subchapter shall be used to supplement and not 
     supplant other Federal, State, and local public funds 
     expended to provide economic development assistance for 
     communities.

  ``Subchapter B--Community College and Career Training Grant Program

     ``SEC. 278. COMMUNITY COLLEGE AND CAREER TRAINING GRANT 
                   PROGRAM.

       ``(a) Grants Authorized.--
       ``(1) In general.--Beginning August 1, 2009, the Secretary 
     may award Community College and Career Training Grants to 
     eligible institutions for the purpose of developing, 
     offering, or improving educational or career training 
     programs for workers eligible for training under section 236.
       ``(2) Limitations.--An eligible institution may not be 
     awarded--
       ``(A) more than 1 grant under this section; or
       ``(B) a grant under this section in excess of $1,000,000.
       ``(b) Definitions.--In this section:
       ``(1) Eligible institution.--The term `eligible 
     institution' means--
       ``(A) an institution described in section 203(a)(1)(B) of 
     the Carl D. Perkins Career and Technical Education Act of 
     2006 (20 U.S.C. 2373(a)(1)(B)) or in section 101(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1001(b)); and
       ``(B) an institution described in section 236(a)(5)(H), but 
     only with respect to a program offered by the institution 
     that can be completed in not more than 2 years.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Labor.
       ``(c) Grant Proposals.--
       ``(1) In general.--An eligible institution seeking to 
     receive a grant under this section shall submit a grant 
     proposal to the Secretary at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(2) Guidelines.--Not later than June 1, 2009, the 
     Secretary shall--
       ``(A) promulgate guidelines for the submission of grant 
     proposals under this section; and
       ``(B) publish and maintain such guidelines on the website 
     of the Department of Labor.
       ``(3) Assistance.--The Secretary shall offer assistance in 
     preparing a grant proposal to any eligible institution that 
     requests such assistance.
       ``(4) General requirements for grant proposals.--
       ``(A) In general.--A grant proposal submitted to the 
     Secretary under this section shall include a detailed 
     description of--
       ``(i) the specific project for which the grant proposal is 
     submitted, including the manner in which the grant will be 
     used to develop, offer, or improve an educational or career 
     training program that is suited to workers eligible for 
     training under section 236;
       ``(ii) the extent to which the project for which the grant 
     proposal is submitted will meet the educational or career 
     training needs of workers in the community served by

[[Page 3044]]

     the eligible institution who are eligible for training under 
     section 236;
       ``(iii) the extent to which the project for which the grant 
     proposal is submitted fits within any overall strategic plan 
     developed by an eligible community under section 276;
       ``(iv) the extent to which the project for which the grant 
     proposal is submitted relates to any project funded by a 
     Sector Partnership Grant awarded under section 279A; and
       ``(v) any previous experience of the eligible institution 
     in providing educational or career training programs to 
     workers eligible for training under section 236.
       ``(B) Absence of experience.--The absence of any previous 
     experience in providing educational or career training 
     programs described in subparagraph (A)(iv) shall not 
     automatically disqualify an eligible institution from 
     receiving a grant under this section.
       ``(5) Community outreach required.--In order to be 
     considered by the Secretary, a grant proposal submitted by an 
     eligible institution under this section shall--
       ``(A) demonstrate that the eligible institution--
       ``(i) reached out to employers, and other entities 
     described in section 276(a)(2) to identify--

       ``(I) any shortcomings in existing educational and career 
     training opportunities available to workers in the community; 
     and
       ``(II) any future employment opportunities within the 
     community and the educational and career training skills 
     required for workers to meet the future employment demand;

       ``(ii) reached out to other similarly situated institutions 
     in an effort to benefit from any best practices that may be 
     shared with respect to providing educational or career 
     training programs to workers eligible for training under 
     section 236; and
       ``(iii) reached out to any eligible partnership in the 
     community that has sought or received Sector Partnership 
     Grants under section 279A to enhance the effectiveness of 
     each grant and avoid duplication of efforts; and
       ``(B) include a detailed description of--
       ``(i) the extent and outcome of the outreach conducted 
     under subparagraph (A);
       ``(ii) the extent to which the project for which the grant 
     proposal is submitted will contribute to meeting any 
     shortcomings identified under subparagraph (A)(i)(I) or any 
     educational or career training needs identified under 
     subparagraph (A)(i)(II); and
       ``(iii) the extent to which employers, including small- and 
     medium-sized enterprises within the community, have 
     demonstrated a commitment to employing workers who would 
     benefit from the project for which the grant proposal is 
     submitted.
       ``(d) Criteria for Award of Grants.--
       ``(1) In general.--Subject to the appropriation of funds, 
     the Secretary shall award a grant under this section based 
     on--
       ``(A) a determination of the merits of the grant proposal 
     submitted by the eligible institution to develop, offer, or 
     improve educational or career training programs to be made 
     available to workers eligible for training under section 236;
       ``(B) an evaluation of the likely employment opportunities 
     available to workers who complete an educational or career 
     training program that the eligible institution proposes to 
     develop, offer, or improve; and
       ``(C) an evaluation of prior demand for training programs 
     by workers eligible for training under section 236 in the 
     community served by the eligible institution, as well as the 
     availability and capacity of existing training programs to 
     meet future demand for training programs.
       ``(2) Priority for certain communities.--In awarding grants 
     under this section, the Secretary shall give priority to 
     eligible institutions that serve communities that the 
     Secretary of Commerce has determined under section 273 are 
     eligible to apply for assistance under subchapter A within 
     the 5-year period preceding the date on which the grant 
     proposals are submitted to the Secretary under this section.
       ``(3) Matching requirements.--A grant awarded under this 
     section may not be used to satisfy any private matching 
     requirement under any other provision of law.
       ``(e) Annual Report.--Not later than December 15 in each of 
     the calendar years 2009 through 2013, the Secretary shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report--
       ``(1) describing each grant awarded under this section 
     during the preceding fiscal year; and
       ``(2) assessing the impact of each award of a grant under 
     this section in a fiscal year preceding the fiscal year 
     referred to in paragraph (1) on workers receiving training 
     under section 236.

     ``SEC. 279. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Labor 
     $40,000,000 for each of the fiscal years 2009 and 2010, and 
     $10,000,000 for the period beginning October 1, 2010 and 
     ending December 31, 2010, to fund the Community College and 
     Career Training Grant Program. Funds appropriated pursuant to 
     this section shall remain available until expended, except 
     that no such funds may be expended after December 31, 2010.
       ``(b) Supplement Not Supplant.--Funds appropriated pursuant 
     to this section shall be used to supplement and not supplant 
     other Federal, State, and local public funds expended to 
     support community college and career training programs.

   ``Subchapter C--Industry or Sector Partnership Grant Program for 
                     Communities Impacted by Trade

     ``SEC. 279A. INDUSTRY OR SECTOR PARTNERSHIP GRANT PROGRAM FOR 
                   COMMUNITIES IMPACTED BY TRADE.

       ``(a) Purpose.--The purpose of this subchapter is to 
     facilitate efforts by industry or sector partnerships to 
     strengthen and revitalize industries and create employment 
     opportunities for workers in communities impacted by trade.
       ``(b) Definitions.--In this subchapter:
       ``(1) Community impacted by trade.--The term `community 
     impacted by trade' has the meaning given that term in section 
     271.
       ``(2) Dislocated worker.--The term `dislocated worker' 
     means a worker who has been totally or partially separated, 
     or is threatened with total or partial separation, from 
     employment in an industry or sector in a community impacted 
     by trade.
       ``(3) Eligible partnership.--The term `eligible 
     partnership' means a voluntary partnership composed of public 
     and private persons, firms, or other entities within a 
     community impacted by trade, that shall include 
     representatives of--
       ``(A) an industry or sector within the community, including 
     an industry association;
       ``(B) local, county, or State government;
       ``(C) multiple firms in the industry or sector, including 
     small- and medium-sized firms, within the community;
       ``(D) local workforce investment boards established under 
     section 117 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2832);
       ``(E) labor organizations, including State labor 
     federations and labor-management initiatives, representing 
     workers in the community; and
       ``(F) educational institutions, local educational agencies, 
     or other training providers serving the community.
       ``(4) Lead entity.--The term `lead entity' means--
       ``(A) an entity designated by the eligible partnership to 
     be responsible for submitting a grant proposal under 
     subsection (e) and serving as the eligible partnership's 
     fiscal agent in expending any Sector Partnership Grant 
     awarded under this section; or
       ``(B) a State agency designated by the Governor of the 
     State to carry out the responsibilities described in 
     subparagraph (A).
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Labor.
       ``(6) Targeted industry or sector.--The term `targeted 
     industry or sector' means the industry or sector represented 
     by an eligible partnership.
       ``(c) Sector Partnership Grants Authorized.--Beginning on 
     August 1, 2009, and subject to the appropriation of funds, 
     the Secretary shall award Sector Partnership Grants to 
     eligible partnerships to assist the eligible partnerships in 
     carrying out projects, over periods of not more than 3 years, 
     to strengthen and revitalize industries and sectors and 
     create employment opportunities for dislocated workers.
       ``(d) Use of Sector Partnership Grants.--An eligible 
     partnership may use a Sector Partnership Grant to carry out 
     any project that the Secretary determines will further the 
     purpose of this subchapter, which may include--
       ``(1) identifying the skill needs of the targeted industry 
     or sector and any gaps in the available supply of skilled 
     workers in the community impacted by trade, and developing 
     strategies for filling the gaps, including by--
       ``(A) developing systems to better link firms in the 
     targeted industry or sector to available skilled workers;
       ``(B) helping firms in the targeted industry or sector to 
     obtain access to new sources of qualified job applicants;
       ``(C) retraining dislocated and incumbent workers; or
       ``(D) facilitating the training of new skilled workers by 
     aligning the instruction provided by local suppliers of 
     education and training services with the needs of the 
     targeted industry or sector;
       ``(2) analyzing the skills and education levels of 
     dislocated and incumbent workers and developing training to 
     address skill gaps that prevent such workers from obtaining 
     jobs in the targeted industry or sector;
       ``(3) helping firms, especially small- and medium-sized 
     firms, in the targeted industry or sector increase their 
     productivity and the productivity of their workers;
       ``(4) helping such firms retain incumbent workers;
       ``(5) developing learning consortia of small- and medium-
     sized firms in the targeted industry or sector with similar 
     training needs to enable the firms to combine their purchases 
     of training services, and thereby lower their training costs;
       ``(6) providing information and outreach activities to 
     firms in the targeted industry or sector regarding the 
     activities of the eligible partnership and other local 
     service suppliers that could assist the firms in meeting 
     needs for skilled workers;

[[Page 3045]]

       ``(7) seeking, applying, and disseminating best practices 
     learned from similarly situated communities impacted by trade 
     in the development and implementation of economic growth and 
     revitalization strategies; and
       ``(8) identifying additional public and private resources 
     to support the activities described in this subsection, which 
     may include the option to apply for a community grant under 
     section 275 or a Community College and Career Training Grant 
     under section 278 (subject to meeting any additional 
     requirements of those sections).
       ``(e) Grant Proposals.--
       ``(1) In general.--The lead entity of an eligible 
     partnership seeking to receive a Sector Partnership Grant 
     under this section shall submit a grant proposal to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) General requirements of grant proposals.--A grant 
     proposal submitted under paragraph (1) shall, at a minimum--
       ``(A) identify the members of the eligible partnership;
       ``(B) identify the targeted industry or sector for which 
     the eligible partnership intends to carry out projects using 
     the Sector Partnership Grant;
       ``(C) describe the goals that the eligible partnership 
     intends to achieve to promote the targeted industry or 
     sector;
       ``(D) describe the projects that the eligible partnership 
     will undertake to achieve such goals;
       ``(E) demonstrate that the eligible partnership has the 
     organizational capacity to carry out the projects described 
     in subparagraph (D);
       ``(F) explain--
       ``(i) whether--

       ``(I) the community impacted by trade has sought or 
     received a community grant under section 275;
       ``(II) an eligible institution in the community has sought 
     or received a Community College and Career Training Grant 
     under section 278; or
       ``(III) any other entity in the community has received 
     funds pursuant to any other federally funded training 
     project; and

       ``(ii) how the eligible partnership will coordinate its use 
     of a Sector Partnership Grant with the use of such other 
     grants or funds in order to enhance the effectiveness of each 
     grant and any such funds and avoid duplication of efforts; 
     and
       ``(G) include performance measures, developed based on the 
     performance measures issued by the Secretary under subsection 
     (g)(2), and a timeline for measuring progress toward 
     achieving the goals described in subparagraph (C).
       ``(f) Award of Grants.--
       ``(1) Upon application by the lead entity of an eligible 
     partnership, the Secretary may award a Sector Partnership 
     Grant to the eligible partnership to assist the partnership 
     in carrying out any of the projects in the grant proposal 
     that the Secretary determines will further the purposes of 
     this subchapter.
       ``(2) An eligible partnership may not be awarded--
       ``(A) more than 1 Sector Partnership Grant; or
       ``(B) a total grant award under this subchapter in excess 
     of--
       ``(i) except as provided in clause (ii), $2,500,000; or
       ``(ii) in the case of an eligible partnership located 
     within a community impacted by trade that is not served by an 
     institution receiving a Community College and Career Training 
     Grant under section 278, $3,000,000.
       ``(g) Administration by the Secretary.--
       ``(1) Technical assistance and oversight.--
       ``(A) In general.--The Secretary shall provide technical 
     assistance to, and oversight of, the lead entity of an 
     eligible partnership in applying for and administering Sector 
     Partnership Grants awarded under this section.
       ``(B) Technical assistance.--Technical assistance provided 
     under subparagraph (A) shall include providing conferences 
     and such other methods of collecting and disseminating 
     information on best practices developed by eligible 
     partnerships as the Secretary determines appropriate.
       ``(C) Grants or contracts for technical assistance.--The 
     Secretary may award a grant or contract to 1 or more national 
     or State organizations to provide technical assistance to 
     foster the planning, formation, and implementation of 
     eligible partnerships.
       ``(2) Performance measures.--The Secretary shall issue a 
     range of performance measures, with quantifiable benchmarks, 
     and methodologies that eligible partnerships may use to 
     measure progress toward the goals described in subsection 
     (e). In developing such measures, the Secretary shall 
     consider the benefits of the eligible partnership and its 
     activities for workers, firms, industries, and communities.
       ``(h) Reports.--
       ``(1) Progress report.--Not later than 1 year after 
     receiving a Sector Partnership Grant, and 3 years thereafter, 
     the lead entity shall submit to the Secretary, on behalf of 
     the eligible partnership, a report containing--
       ``(A) a detailed description of the progress made toward 
     achieving the goals described in subsection (e)(2)(C), using 
     the performance measures required under subsection (e)(2)(G);
       ``(B) a detailed evaluation of the impact of the grant 
     award on workers and employers in the community impacted by 
     trade; and
       ``(C) a detailed description of all expenditures of funds 
     awarded to the eligible partnership under the Sector 
     Partnership Grant approved by the Secretary under this 
     subchapter.
       ``(2) Annual report.--Not later than December 15 in each of 
     the calendar years 2009 through 2013, the Secretary shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report--
       ``(A) describing each Sector Partnership Grant awarded to 
     an eligible partnership during the preceding fiscal year; and
       ``(B) assessing the impact of each Sector Partnership Grant 
     awarded in a fiscal year preceding the fiscal year referred 
     to in subparagraph (A) on workers and employers in 
     communities impacted by trade.

     ``SEC. 279B. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary of Labor $40,000,000 for each of the fiscal 
     years 2009 and 2010, and $10,000,000 for the period beginning 
     October 1, 2010, and ending December 31, 2010, to carry out 
     the Sector Partnership Grant program under section 279A. 
     Funds appropriated pursuant to this section shall remain 
     available until expended, except that no such funds may be 
     expended after December 31, 2010.
       ``(b) Supplement Not Supplant.--Funds appropriated pursuant 
     to this section shall be used to supplement and not supplant 
     other Federal, State, and local public funds expended to 
     support the economic development of local communities.
       ``(c) Administrative Costs.--The Secretary may retain not 
     more than 5 percent of the funds appropriated pursuant to the 
     authorization of appropriations under this section for each 
     fiscal year to administer the Sector Partnership Grant 
     program under section 279A.

                   ``Subchapter D--General Provisions

     ``SEC. 279C. RULE OF CONSTRUCTION.

       ``Nothing in this title prevents a worker from receiving 
     trade adjustment assistance under chapter 2 of this title at 
     the same time the worker is receiving assistance in any 
     manner from--
       ``(1) a community receiving a community grant under 
     subchapter A;
       ``(2) an eligible institution receiving a Community College 
     and Career Training Grant under subchapter B; or
       ``(3) an eligible partnership receiving a Sector 
     Partnership Grant under subchapter C.''.

     SEC. 1773. CONFORMING AMENDMENTS.

       (a) Table of Contents.--The table of contents of the Trade 
     Act of 1974 is amended by striking the items relating to 
     chapter 4 of title II and inserting the following:

        ``Chapter 4--Trade Adjustment Assistance for Communities

      ``Subchapter A--Trade Adjustment Assistance for Communities

``Sec. 271. Definitions.
``Sec. 272. Establishment of trade adjustment assistance for 
              communities program.
``Sec. 273. Eligibility; notification.
``Sec. 274. Technical assistance.
``Sec. 275. Grants for eligible communities.
``Sec. 276. Strategic plans.
``Sec. 277. General provisions.

  ``Subchapter B--Community College and Career Training Grant Program

``Sec. 278. Community college and career training grant program.
``Sec. 279. Authorization of appropriations.

   ``Subchapter C--Industry or Sector Partnership Grant Program for 
                     Communities Impacted by Trade

``Sec. 279A. Industry or sector partnership grant program for 
              communities impacted by trade.
``Sec. 279B. Authorization of appropriations.

                   ``Subchapter D--General Provisions

``Sec. 279C. Rule of construction.''
       (b) Judicial Review.--
       (1) Section 284(a) of the Trade Act of 1974 (19 U.S.C. 
     2395(a)) is amended--
       (A) by inserting ``or 296'' after ``section 293'';
       (B) by striking ``or any other interested domestic party'' 
     and inserting ``or authorized representative of a 
     community''; and
       (C) by striking ``section 271'' and inserting ``section 
     273''.
       (2) Section 1581(d) of title 28, United States Code, is 
     amended--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (3)--
       (i) by striking ``271'' and inserting ``273''; and
       (ii) by striking the period and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) any final determination of the Secretary of 
     Agriculture under section 293 or 296 of the Trade Act of 1974 
     (19 U.S.C. 2401b) with respect to the eligibility of a group 
     of agricultural commodity producers for adjustment assistance 
     under such Act.''.

[[Page 3046]]



            PART IV--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

     SEC. 1781. DEFINITIONS.

       Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Agricultural commodity.--The term `agricultural 
     commodity' means--
       ``(A) any agricultural commodity (including livestock) in 
     its raw or natural state; and
       ``(B) any class of goods within an agricultural 
     commodity.'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) Agricultural commodity producer.--The term 
     `agricultural commodity producer' means--
       ``(A) a person that shares in the risk of producing an 
     agricultural commodity and that is entitled to a share of the 
     commodity for marketing, including an operator, a 
     sharecropper, or a person that owns or rents the land on 
     which the commodity is produced; or
       ``(B) a person that reports gain or loss from the trade or 
     business of fishing on the person's annual Federal income tax 
     return for the taxable year that most closely corresponds to 
     the marketing year with respect to which a petition is filed 
     under section 292.''; and
       (3) by adding at the end the following:
       ``(7) Marketing year.--The term `marketing year' means--
       ``(A) a marketing year designated by the Secretary with 
     respect to an agricultural commodity; or
       ``(B) in the case of an agricultural commodity with respect 
     to which the Secretary does not designate a marketing year, a 
     calendar year.''.

     SEC. 1782. ELIGIBILITY.

       (a) In General.--Section 292 of the Trade Act of 1974 (19 
     U.S.C. 2401a) is amended by striking subsections (c) through 
     (e) and inserting the following:
       ``(c) Group Eligibility Requirements.--The Secretary shall 
     certify a group of agricultural commodity producers as 
     eligible to apply for adjustment assistance under this 
     chapter if the Secretary determines that--
       ``(1)(A) the national average price of the agricultural 
     commodity produced by the group during the most recent 
     marketing year for which data are available is less than 85 
     percent of the average of the national average price for the 
     commodity in the 3 marketing years preceding such marketing 
     year;
       ``(B) the quantity of production of the agricultural 
     commodity produced by the group during such marketing year is 
     less than 85 percent of the average of the quantity of 
     production of the commodity produced by the group in the 3 
     marketing years preceding such marketing year;
       ``(C) the value of production of the agricultural commodity 
     produced by the group during such marketing year is less than 
     85 percent of the average value of production of the 
     commodity produced by the group in the 3 marketing years 
     preceding such marketing year; or
       ``(D) the cash receipts for the agricultural commodity 
     produced by the group during such marketing year are less 
     than 85 percent of the average of the cash receipts for the 
     commodity produced by the group in the 3 marketing years 
     preceding such marketing year;
       ``(2) the volume of imports of articles like or directly 
     competitive with the agricultural commodity produced by the 
     group in the marketing year with respect to which the group 
     files the petition increased compared to the average volume 
     of such imports during the 3 marketing years preceding such 
     marketing year; and
       ``(3) the increase in such imports contributed importantly 
     to the decrease in the national average price, quantity of 
     production, or value of production of, or cash receipts for, 
     the agricultural commodity, as described in paragraph (1).
       ``(d) Eligibility of Certain Other Producers.--An 
     agricultural commodity producer or group of producers that 
     resides outside of the State or region identified in the 
     petition filed under subsection (a) may file a request to 
     become a party to that petition not later than 15 days after 
     the date the notice is published in the Federal Register 
     under subsection (a) with respect to that petition.
       ``(e) Treatment of Classes of Goods Within a Commodity.--In 
     any case in which there are separate classes of goods within 
     an agricultural commodity, the Secretary shall treat each 
     class as a separate commodity in determining under subsection 
     (c)--
       ``(1) group eligibility;
       ``(2) the national average price, quantity of production, 
     or value of production, or cash receipts; and
       ``(3) the volume of imports.''.
       (b) Conforming Amendments.--Section 293 of the Trade Act of 
     1974 (19 U.S.C. 2401b) is amended--
       (1) in subsection (a), by striking ``section 292 (c) or 
     (d), as the case may be,'' and inserting ``section 292(c)''; 
     and
       (2) in subsection (c), by striking ``decline in price for'' 
     and inserting ``decrease in the national average price, 
     quantity of production, or value of production of, or cash 
     receipts for,''.

     SEC. 1783. BENEFITS.

       (a) In General.--Section 296 of the Trade Act of 1974 (19 
     U.S.C. 2401e) is amended to read as follows:

     ``SEC. 296. QUALIFYING REQUIREMENTS AND BENEFITS FOR 
                   AGRICULTURAL COMMODITY PRODUCERS.

       ``(a) In General.--
       ``(1) Requirements.--
       ``(A) In general.--Benefits under this chapter shall be 
     available to an agricultural commodity producer covered by a 
     certification under this chapter who files an application for 
     such benefits not later than 90 days after the date on which 
     the Secretary makes a determination and issues a 
     certification of eligibility under section 293, if the 
     producer submits to the Secretary sufficient information to 
     establish that--
       ``(i) the producer produced or harvested the agricultural 
     commodity covered by the application filed under this 
     subsection in the marketing year with respect to which the 
     petition is filed and in at least 1 of the 3 marketing years 
     preceding that marketing year;
       ``(ii)(I) there has been a decrease in the amount of the 
     agricultural commodity produced by the producer based on the 
     amount of the agricultural commodity that was produced by the 
     producer in the marketing year with respect to which the 
     petition is filed and the most recent marketing year 
     preceding that marketing year for which data are available; 
     or
       ``(II) there has been a decrease in the price of the 
     agricultural commodity based on--

       ``(aa) the price received for the agricultural commodity by 
     the producer during the marketing year with respect to which 
     the petition is filed and the average price for the commodity 
     received by the producer in the 3 marketing years preceding 
     that marketing year; or
       ``(bb) the county level price maintained by the Secretary 
     for the agricultural commodity on the date on which the 
     petition is filed and the average county level price for the 
     commodity in the 3 marketing years preceding the date on 
     which the petition is filed; and

       ``(iii) the producer is not receiving--

       ``(I) cash benefits under chapter 2 or 3; or
       ``(II) benefits based on the production of an agricultural 
     commodity covered by another petition filed under this 
     chapter.

       ``(B) Special rule with respect to crops not grown every 
     year.--For purposes of subparagraph (A)(ii)(II)(aa), if a 
     petition is filed with respect to an agricultural commodity 
     that is not produced by the producer every year, an 
     agricultural commodity producer producing that commodity may 
     establish the average price received for the commodity by the 
     producer in the 3 marketing years preceding the year with 
     respect to which the petition is filed by using average price 
     data for the 3 most recent marketing years in which the 
     producer produced the commodity and for which data are 
     available.
       ``(2) Limitations based on adjusted gross income.--
       ``(A) In general.--Notwithstanding any other provision of 
     this chapter, an agricultural commodity producer shall not be 
     eligible for assistance under this chapter in any year in 
     which the average adjusted gross income (as defined in 
     section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 
     1308-3a(a)) of the producer exceeds the level set forth in 
     subparagraph (A) or (B) of section 1001D(b)(1) of the Food 
     Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)), whichever is 
     applicable.
       ``(B) Demonstration of compliance.--An agricultural 
     commodity producer shall provide to the Secretary such 
     information as the Secretary determines necessary to 
     demonstrate that the producer is in compliance with the 
     limitation under subparagraph (A).
       ``(C) Counter-cyclical and acre payments.--The total amount 
     of payments made to an agricultural commodity producer under 
     this chapter during any crop year may not exceed the 
     limitations on payments set forth in subsections (b)(2), 
     (b)(3), (c)(2), and (c)(3) of section 1001 of the Food 
     Security Act of 1985 (7 U.S.C. 1308).
       ``(b) Technical Assistance.--
       ``(1) Initial technical assistance.--
       ``(A) In general.--An agricultural commodity producer that 
     files an application and meets the requirements under 
     subsection (a)(1) shall be entitled to receive initial 
     technical assistance designed to improve the competitiveness 
     of the production and marketing of the agricultural commodity 
     with respect to which the producer was certified under this 
     chapter. Such assistance shall include information 
     regarding--
       ``(i) improving the yield and marketing of that 
     agricultural commodity; and
       ``(ii) the feasibility and desirability of substituting one 
     or more alternative agricultural commodities for that 
     agricultural commodity.
       ``(B) Transportation and subsistence expenses.--
       ``(i) In general.--The Secretary may authorize supplemental 
     assistance necessary to defray reasonable transportation and 
     subsistence expenses incurred by an agricultural commodity 
     producer in connection with initial technical assistance 
     under subparagraph (A) if such assistance is provided at 
     facilities that are not within normal commuting distance of 
     the regular place of residence of the producer.

[[Page 3047]]

       ``(ii) Exceptions.--The Secretary may not authorize 
     payments to an agricultural commodity producer under clause 
     (i)--

       ``(I) for subsistence expenses that exceed the lesser of--

       ``(aa) the actual per diem expenses for subsistence 
     incurred by a producer; or
       ``(bb) the prevailing per diem allowance rate authorized 
     under Federal travel regulations; or

       ``(II) for travel expenses that exceed the prevailing 
     mileage rate authorized under the Federal travel regulations.

       ``(2) Intensive technical assistance.--A producer that has 
     completed initial technical assistance under paragraph (1) 
     shall be eligible to participate in intensive technical 
     assistance. Such assistance shall consist of--
       ``(A) a series of courses to further assist the producer in 
     improving the competitiveness of the producer in producing--
       ``(i) the agricultural commodity with respect to which the 
     producer was certified under this chapter; or
       ``(ii) another agricultural commodity; and
       ``(B) assistance in developing an initial business plan 
     based on the courses completed under subparagraph (A).
       ``(3) Initial business plan.--
       ``(A) Approval by secretary.--The Secretary shall approve 
     an initial business plan developed under paragraph (2)(B) if 
     the plan--
       ``(i) reflects the skills gained by the producer through 
     the courses described in paragraph (2)(A); and
       ``(ii) demonstrates how the producer will apply those 
     skills to the circumstances of the producer.
       ``(B) Financial assistance for implementing initial 
     business plan.--Upon approval of the producer's initial 
     business plan by the Secretary under subparagraph (A), a 
     producer shall be entitled to an amount not to exceed $4,000 
     to--
       ``(i) implement the initial business plan; or
       ``(ii) develop a long-term business adjustment plan under 
     paragraph (4).
       ``(4) Long-term business adjustment plan.--
       ``(A) In general.--A producer that has completed intensive 
     technical assistance under paragraph (2) and whose initial 
     business plan has been approved under paragraph (3)(A) shall 
     be eligible for, in addition to the amount under subparagraph 
     (C), assistance in developing a long-term business adjustment 
     plan.
       ``(B) Approval of long-term business adjustment plans.--The 
     Secretary shall approve a long-term business adjustment plan 
     developed under subparagraph (A) if the Secretary determines 
     that the plan--
       ``(i) includes steps reasonably calculated to materially 
     contribute to the economic adjustment of the producer to 
     changing market conditions;
       ``(ii) takes into consideration the interests of the 
     workers employed by the producer; and
       ``(iii) demonstrates that the producer will have sufficient 
     resources to implement the business plan.
       ``(C) Plan implementation.--Upon approval of the producer's 
     long-term business adjustment plan under subparagraph (B), a 
     producer shall be entitled to an amount not to exceed $8,000 
     to implement the long-term business adjustment plan.
       ``(c) Maximum Amount of Assistance.--An agricultural 
     commodity producer may receive not more than $12,000 under 
     paragraphs (3) and (4) of subsection (b) in the 36-month 
     period following certification under section 293.
       ``(d) Limitations on Other Assistance.--An agricultural 
     commodity producer that receives benefits under this chapter 
     (other than initial technical assistance under subsection 
     (b)(1)) shall not be eligible for cash benefits under chapter 
     2 or 3.''.
       (b) Clerical Amendment.--The table of contents of the Trade 
     Act of 1974 is amended by striking the item relating to 
     section 296 and inserting the following:

``Sec. 296. Qualifying requirements and benefits for agricultural 
              commodity producers.''.

     SEC. 1784. REPORT.

       Section 293 of the Trade Act of 1974 (19 U.S.C. 2401b) is 
     amended by adding at the end the following:
       ``(d) Report by the Secretary.--Not later than January 30, 
     2010, and annually thereafter, the Secretary of Agriculture 
     shall submit to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives a report containing the following information 
     with respect to adjustment assistance provided under this 
     chapter during the preceding fiscal year:
       ``(1) A list of the agricultural commodities covered by a 
     certification under this chapter.
       ``(2) The States or regions in which such commodities are 
     produced and the aggregate amount of such commodities 
     produced in each such State or region.
       ``(3) The total number of agricultural commodity producers, 
     by congressional district, receiving benefits under this 
     chapter.
       ``(4) The total number of agricultural commodity producers, 
     by congressional district, receiving technical assistance 
     under this chapter.''.

     SEC. 1785. FRAUD AND RECOVERY OF OVERPAYMENTS.

       Section 297(a)(1) of the Trade Act of 1974 (19 U.S.C. 
     2401f(a)(1)) is amended by inserting ``or has expended funds 
     received under this chapter for a purpose that was not 
     approved by the Secretary,'' after ``entitled,''.

     SEC. 1786. DETERMINATION OF INCREASES OF IMPORTS FOR CERTAIN 
                   FISHERMEN.

       Notwithstanding any other provision of law, for purposes of 
     chapters 2 and 6 of title II of the Trade Act of 1974 (19 
     U.S.C. 2251 et seq.), in the case of an agricultural 
     commodity producer that--
       (1) is a fisherman or aquaculture producer, and
       (2) is otherwise eligible for adjustment assistance under 
     chapter 2 or 6, as the case may be,

     the increase in imports of articles like or directly 
     competitive with the agricultural commodity produced by such 
     producer may be based on imports of wild-caught seafood, 
     farm-raised seafood, or both.

     SEC. 1787. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE FOR 
                   FARMERS.

       Section 298(a) of the Trade Act of 1974 (19 U.S.C. 
     2401g(a)) is amended by striking ``fiscal years 2003 through 
     2007'' and all that follows through the end period and 
     inserting ``fiscal years 2009 and 2010 and $22,500,000 for 
     the period beginning October 1, 2010, and ending December 31, 
     2010, to carry out the purposes of this chapter, including 
     administrative costs, and salaries and expenses of employees 
     of the Department of Agriculture.''.

                       PART V--GENERAL PROVISIONS

     SEC. 1791. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this 
     subtitle, and subsection (b) of this section, this subtitle 
     and the amendments made by this subtitle--
       (1) shall take effect upon the expiration of the 90-day 
     period beginning on the date of the enactment of this Act; 
     and
       (2) shall apply to--
       (A) petitions for certification filed under chapter 2, 3, 
     or 6 of title II of the Trade Act of 1974 on or after the 
     effective date described in paragraph (1); and
       (B) petitions for assistance filed under chapter 4 of title 
     II of the Trade Act of 1974 on or after such effective date.
       (b) Certifications Made Before Effective Date.--
     Notwithstanding subsection (a)--
       (1) a worker shall continue to receive (or be eligible to 
     receive) trade adjustment assistance and other benefits under 
     subchapter B of chapter 2 of title II of the Trade Act of 
     1974, as in effect on the day before the effective date 
     described in subsection (a)(1), for any week for which the 
     worker meets the eligibility requirements of such chapter 2 
     as in effect on the day before such effective date, if the 
     worker--
       (A) is certified as eligible for trade adjustment 
     assistance benefits under such chapter 2 pursuant to a 
     petition filed under section 221 of the Trade Act of 1974 on 
     or before such effective date; and
       (B) would otherwise be eligible to receive trade adjustment 
     assistance benefits under such chapter as in effect on the 
     day before such effective date;
       (2) a worker shall continue to receive (or be eligible to 
     receive) benefits under section 246(a)(2) of the Trade Act of 
     1974, as in effect on the day before the effective date 
     described in subsection (a)(1), for such period for which the 
     worker meets the eligibility requirements of section 246 of 
     that Act as in effect on the day before such effective date, 
     if the worker--
       (A) is certified as eligible for benefits under such 
     section 246 pursuant to a petition filed under section 221 of 
     the Trade Act of 1974 on or before such effective date; and
       (B) would otherwise be eligible to receive benefits under 
     such section 246(a)(2) as in effect on the day before such 
     effective date; and
       (3) a firm shall continue to receive (or be eligible to 
     receive) adjustment assistance under chapter 3 of title II of 
     the Trade Act if 1974, as in effect on the day before the 
     effective date described in subsection (a)(1), for such 
     period for which the firm meets the eligibility requirements 
     of such chapter 3 as in effect on the day before such 
     effective date, if the firm--
       (A) is certified as eligible for benefits under such 
     chapter 3 pursuant to a petition filed under section 251 of 
     the Trade Act of 1974 on or before such effective date; and
       (B) would otherwise be eligible to receive benefits under 
     such chapter 3 as in effect on the day before such effective 
     date.

     SEC. 1792. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAMS.

       (a) For Workers.--Section 245(a) of the Trade Act of 1974 
     (19 U.S.C. 2317(a)) is amended by striking ``December 31, 
     2007'' and inserting ``December 31, 2010''.
       (b) Termination.--Section 285 of the Trade Act of 1974 (19 
     U.S.C. 2271 note prec.) is amended--
       (1) by striking ``December 31, 2007'' each place it appears 
     (other than subsection (b)(1)) and inserting ``December 31, 
     2010''; and
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Assistance for firms.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     technical assistance and grants may not be provided under 
     chapter 3 after December 31, 2010.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     technical assistance or

[[Page 3048]]

     grant approved under chapter 3 on or before December 31, 
     2010, 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 technical 
     assistance or grant is otherwise eligible to receive such 
     technical assistance or grant, as the case may be.''; and
       (B) by adding at the end the following:
       ``(3) Assistance for communities.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     technical assistance and grants may not be provided under 
     chapter 4 after December 31, 2010.
       ``(B) Exception.--Notwithstanding subparagraph (A), any 
     technical assistance or grant approved under chapter 4 on or 
     before December 31, 2010, 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 technical 
     assistance or grant is otherwise eligible to receive such 
     technical assistance or grant, as the case may be.''.

     SEC. 1793. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

       Not later than September 30, 2012, the Comptroller General 
     of the United States shall prepare and submit to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives a comprehensive 
     report on the operation and effectiveness of the amendments 
     made by this subtitle to chapters 2, 3, 4, and 6 of the Trade 
     Act of 1974.

     SEC. 1794. EMERGENCY DESIGNATION.

       Amounts appropriated pursuant to this subtitle are 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to section 204(a) of S. Con. Res. 21 
     (110th Congress) and section 301(b)(2) of S. Con. Res. 70 
     (110th Congress), the concurrent resolutions on the budget 
     for fiscal years 2008 and 2009.

                  PART VI--HEALTH COVERAGE IMPROVEMENT

     SEC. 1799. SHORT TITLE.

       This part may be cited as the ``TAA Health Coverage 
     Improvement Act of 2009''.

     SEC. 1799A. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.

       (a) Improvement of Affordability.--
       (1) In general.--Section 35(a) of the Internal Revenue Code 
     of 1986 (relating to credit for health insurance costs of 
     eligible individuals) is amended by striking ``65'' and 
     inserting ``80''.
       (2) Conforming amendment.--Section 7527(b) of such Code 
     (relating to advance payment of credit for health insurance 
     costs of eligible individuals) is amended by striking ``65'' 
     and inserting ``80''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning on or after the first 
     day of the first month beginning 60 days after the date of 
     the enactment of this Act.

     SEC. 1799B. PAYMENT FOR MONTHLY PREMIUMS PAID PRIOR TO 
                   COMMENCEMENT OF ADVANCE PAYMENTS OF CREDIT.

       (a) Payment for Premiums Due Prior to Commencement of 
     Advance Payments of Credit.--Section 7527 of the Internal 
     Revenue Code of 1986 (relating to advance payment of credit 
     for health insurance costs of eligible individuals) is 
     amended by adding at the end the following new subsection:
       ``(e) Payment for Premiums Due Prior to Commencement of 
     Advance Payments.--
       ``(1) In general.--The program established under subsection 
     (a) shall provide that the Secretary shall make 1 or more 
     retroactive payments on behalf of a certified individual in 
     an aggregate amount equal to 80 percent of the premiums for 
     coverage of the taxpayer and qualifying family members under 
     qualified health insurance for eligible coverage months (as 
     defined in section 35(b)) occurring prior to the first month 
     for which an advance payment is made on behalf of such 
     individual under subsection (a).
       ``(2) Reduction of payment for amounts received under 
     national emergency grants.--The amount of any payment 
     determined under paragraph (1) shall be reduced by the amount 
     of any payment made to the taxpayer for the purchase of 
     qualified health insurance under a national emergency grant 
     pursuant to section 173(f) of the Workforce Investment Act of 
     1998 for a taxable year including the eligible coverage 
     months described in paragraph (1).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to eligible coverage months beginning on the date 
     that is 9 months after the date of the enactment of this Act, 
     in taxable years ending after such date.

     SEC. 1799C. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS 
                   ELIGIBLE FOR CREDIT.

       (a) In General.--Paragraph (2) of section 35(c) of the 
     Internal Revenue Code of 1986 (defining eligible TAA 
     recipient) is amended to read as follows:
       ``(2) Eligible taa recipient.--The term `eligible TAA 
     recipient' means, with respect to any month, any individual 
     who--
       ``(A) is receiving for any day of such month a trade 
     adjustment allowance under chapter 2 of title II of the Trade 
     Act of 1974,
       ``(B) would be eligible to receive such allowance except 
     that such individual is in a break in training provided under 
     a training program approved under section 236 of such Act 
     that exceeds the period specified in section 233(e) of such 
     Act, but is within the period for receiving such allowances 
     provided under section 233(a) of such Act, or
       ``(C) is receiving unemployment compensation (as defined in 
     section 85(b)) for such month and who would be eligible to 
     receive such allowance for such month if section 231 of such 
     Act were applied without regard to subsections (a)(3)(B) and 
     (a)(5) thereof.

     An individual shall continue to be treated as an eligible TAA 
     recipient during the first month that such individual would 
     otherwise cease to be an eligible TAA recipient by reason of 
     the preceding sentence.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months beginning after the date of the 
     enactment of this Act in taxable years ending after such 
     date.

     SEC. 1799D. 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) of the Internal 
     Revenue Code of 1986 (relating to not counting periods before 
     significant breaks in creditable coverage) is amended by 
     adding at the end the following new subparagraph:
       ``(D) TAA-eligible individuals.--
       ``(i) TAA pre-certification period rule.--In the case of a 
     TAA-eligible individual, the period beginning on the date the 
     individual has a TAA-related loss of coverage and ending on 
     the date which is 5 days after the date of the issuance by 
     the Secretary (or by any person or entity designated by the 
     Secretary) of a qualified health insurance costs credit 
     eligibility certificate for such individual for purposes of 
     section 7527 shall not be taken into account in determining 
     the continuous period under subparagraph (A).
       ``(ii) Definitions.--The terms `TAA-eligible individual', 
     and `TAA-related loss of coverage' have the meanings given 
     such terms in section 4980B(f)(5)(C)(iv).''.
       (b) ERISA Amendment.--Section 701(c)(2) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(C) TAA-eligible individuals.--
       ``(i) TAA pre-certification period rule.--In the case of a 
     TAA-eligible individual, the period beginning on the date the 
     individual has a TAA-related loss of coverage and ending on 
     the date that is 5 days after the date of the issuance by the 
     Secretary (or by any person or entity designated by the 
     Secretary) of a qualified health insurance costs credit 
     eligibility certificate for such individual for purposes of 
     section 7527 of the Internal Revenue Code of 1986 shall not 
     be taken into account in determining the continuous period 
     under subparagraph (A).
       ``(ii) Definitions.--The terms `TAA-eligible individual', 
     and `TAA-related loss of coverage' have the meanings given 
     such terms in section 605(b)(4).''.
       (c) PHSA Amendment.--Section 2701(c)(2) of the Public 
     Health Service Act (42 U.S.C. 300gg(c)(2)) is amended by 
     adding at the end the following new subparagraph:
       ``(C) TAA-eligible individuals.--
       ``(i) TAA pre-certification period rule.--In the case of a 
     TAA-eligible individual, the period beginning on the date the 
     individual has a TAA-related loss of coverage and ending on 
     the date that is 5 days after the date of the issuance by the 
     Secretary (or by any person or entity designated by the 
     Secretary) of a qualified health insurance costs credit 
     eligibility certificate for such individual for purposes of 
     section 7527 of the Internal Revenue Code of 1986 shall not 
     be taken into account in determining the continuous period 
     under subparagraph (A).
       ``(ii) Definitions.--The terms `TAA-eligible individual', 
     and `TAA-related loss of coverage' have the meanings given 
     such terms in section 2205(b)(4).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after the date of the 
     enactment of this Act.

     SEC. 1799E. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER 
                   CERTAIN EVENTS.

       (a) In General.--Subsection (g) of section 35 of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     paragraph (9) as paragraph (10) and inserting after paragraph 
     (8) the following new paragraph:
       ``(9) Continued qualification of family members after 
     certain events.--
       ``(A) Eligible individual becomes medicare eligible.--In 
     the case of a month which would be an eligible coverage month 
     with respect to an eligible individual described in 
     subparagraph (A) or (B) of subsection (c)(1) but for 
     subsection (f)(2)(A), such month shall be treated as an 
     eligible coverage month with respect to such eligible 
     individual solely for purposes of determining the amount of 
     the credit under this section with respect to any qualifying 
     family member of such individual.
       ``(B) Divorce.--In the case of a month which would be an 
     eligible coverage month with respect to a former spouse of a 
     taxpayer but for the finalization of a divorce between

[[Page 3049]]

     the spouse and the taxpayer that occurs during the period in 
     which the taxpayer is an eligible individual, such month 
     shall be treated as an eligible coverage month with respect 
     to such former spouse.
       ``(C) Death.--In the case of a month which occurs after the 
     death of an eligible individual and which would be an 
     eligible coverage month with respect to such eligible 
     individual if the individual had survived and met any 
     applicable eligibility requirements for the maximum 
     permissible period, such month shall be treated as an 
     eligible coverage month with respect to any qualifying family 
     member of such eligible individual.''.
       (b) Conforming Amendment.--Section 173(f) of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2918(f)) is amended by 
     adding at the end the following new paragraph:
       ``(8) Continued qualification of family members after 
     certain events.--
       ``(A) Eligible individual becomes medicare eligible.--In 
     the case of a month which would be an eligible coverage month 
     with respect to an eligible individual described in 
     subparagraph (A) or (B) of paragraph (4) but for paragraph 
     (7)(B)(i), such month shall be treated as an eligible 
     coverage month with respect to such eligible individual 
     solely for purposes of determining the amount of the credit 
     under this section with respect to any qualifying family 
     member of such individual.
       ``(B) Divorce.--In the case of a month which would be an 
     eligible coverage month with respect to a former spouse of a 
     taxpayer but for the finalization of a divorce between the 
     spouse and the taxpayer that occurs during the period in 
     which the taxpayer is an eligible individual, such month 
     shall be treated as an eligible coverage month with respect 
     to such former spouse.
       ``Death.--In the case of a month which occurs after the 
     death of an eligible individual and which would be an 
     eligible coverage month with respect to such eligible 
     individual if the individual had survived and met any 
     applicable eligibility requirements for the maximum 
     permissible period, such month shall be treated as an 
     eligible coverage month with respect to the spouse of such 
     eligible individual.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2009.

     SEC. 1799F. ALIGNMENT OF COBRA COVERAGE WITH TAA PERIOD FOR 
                   TAA-ELIGIBLE INDIVIDUALS.

       (a) Internal Revenue Code of 1986.--Section 4980B(f)(5)(C) 
     of the Internal Revenue Code of 1986 is amended--
       (1) in the subparagraph heading, by inserting ``and 
     coverage'' after ``election''; and
       (2) in clause (ii)--
       (A) in the clause heading, by inserting ``and period'' 
     after ``Commencement''; and
       (B) by adding at the end the following new sentence: ``In 
     no event shall the maximum period required under paragraph 
     (2)(B)(i) with respect to such continuation coverage be less 
     than the period during which the individual is a TAA-eligible 
     individual.''.
       (b) ERISA.--Section 605(b) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1165(b)) is amended--
       (1) in the subsection heading, by inserting ``and 
     Coverage'' after ``Election''; and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by inserting ``and period'' 
     after ``Commencement''; and
       (B) by adding at the end the following new sentence: ``In 
     no event shall the maximum period required under section 
     602(2)(A) with respect to such continuation coverage be less 
     than the period during which the individual is a TAA-eligible 
     individual.''.
       (c) Public Health Service Act.--Section 2205(b) of the 
     Public Health Service Act (42 U.S.C. 300bb-5(b)) is amended--
       (1) in the subsection heading, by inserting ``and 
     Coverage'' after ``Election''; and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by inserting ``and period'' 
     after ``Commencement''; and
       (B) by adding at the end the following new sentence: ``In 
     no event shall the maximum period required under section 
     2202(2)(A) with respect to such continuation coverage be less 
     than the period during which the individual is a TAA-eligible 
     individual.''.

     SEC. 1799G. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' 
                   BENEFICIARY ASSOCIATIONS.

       Paragraph (1) of section 35(e) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subparagraph:
       ``(K) Coverage under an employee benefit plan funded by a 
     voluntary employees' beneficiary association (as defined in 
     section 501(c)(9)) established pursuant to an order of a 
     bankruptcy court, or by agreement with an authorized 
     representative, as provided in section 1114 of title 11, 
     United States Code.''.

     SEC. 1799H. NOTICE REQUIREMENTS.

       (a) In General.--Subsection (d) of section 7527 of the 
     Internal Revenue Code of 1986 (relating to qualified health 
     insurance costs credit eligibility certificate) is amended to 
     read as follows:
       ``(d) Qualified Health Insurance Costs Eligibility 
     Certificate.--
       ``(1) In general.--For purposes of this section, the term 
     `qualified health insurance costs eligibility certificate' 
     means any written statement that an individual is an eligible 
     individual (as defined in section 35(c)) if such statement 
     provides the information described in paragraph (2) and--
       ``(A) in the case of an eligible TAA recipient (as defined 
     in section 35(c)(2)) or an eligible alternative TAA recipient 
     (as defined in section 35(c)(3)), is certified by the 
     Secretary of Labor (or by any other person or entity 
     designated by the Secretary), or
       ``(B) in the case of an eligible PBGC pension recipient (as 
     defined in section 35(c)(4)), is certified by the Pension 
     Benefit Guaranty Corporation (or by any other person or 
     entity designated by the Secretary).
       ``(2) Inclusion of certain information.--The qualified 
     health insurance costs credit eligibility certificate 
     described in paragraph (1) with respect to an eligible 
     individual shall include--
       ``(A) the name, address, and telephone number of the State 
     office or offices responsible for providing the individual 
     with assistance with enrollment in qualified health insurance 
     (as defined in section 35(e)),
       ``(B) a list of the coverage options that are treated as 
     qualified health insurance (as so defined) by the State in 
     which the individual resides,
       ``(C) in the case of a TAA-eligible individual (as defined 
     in section 4980B(f)(5)(C)(iv)(II)), a statement informing the 
     individual that the individual has 63 days from the date that 
     is 5 days after the date of the issuance of such certificate 
     to enroll in such insurance without a lapse in creditable 
     coverage (as defined in section 9801(c)), and
       ``(D) such other information as the Secretary may 
     require.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to certificates issued after the date that is 6 
     months after the date of the enactment of this Act.

     SEC. 1799I. SURVEY AND REPORT ON ENHANCED HEALTH COVERAGE TAX 
                   CREDIT PROGRAM.

       (a) Survey.--
       (1) In general.--The Secretary of the Treasury shall 
     conduct a biennial survey of eligible individuals (as defined 
     in section 35(c) of the Internal Revenue Code of 1986) 
     relating to the health coverage tax credit under section 35 
     of the Internal Revenue Code of 1986 (hereinafter in this 
     section referred to as the ``health coverage tax credit'').
       (2) Information obtained.--The survey conducted under 
     subsection (a) shall obtain the following information:
       (A) HCTC participants.--In the case of eligible individuals 
     receiving the health coverage tax credit (including 
     individuals participating in the health coverage tax credit 
     program under section 7527 of such Code, hereinafter in this 
     section referred to as the ``HCTC program'')--
       (i) demographic information of such individuals, including 
     income and education levels,
       (ii) satisfaction of such individuals with the enrollment 
     process in the HCTC program,
       (iii) satisfaction of such individuals with available 
     health coverage options under the credit, including level of 
     premiums, benefits, deductibles, cost-sharing requirements, 
     and the adequacy of provider networks, and
       (iv) any other information that the Secretary determines is 
     appropriate.
       (B) Non-HCTC participants.--In the case of eligible 
     individuals not receiving the health coverage tax credit--
       (i) demographic information of each individual, including 
     income and education levels,
       (ii) whether the individual was aware of the health 
     coverage tax credit or the HCTC program,
       (iii) the reasons the individual has not enrolled in the 
     HCTC program, including whether such reasons include the 
     burden of the process of enrollment and the affordability of 
     coverage,
       (iv) whether the individual has health insurance coverage, 
     and, if so, the source of such coverage, and
       (v) any other information that the Secretary determines is 
     appropriate.
       (3) Report.--Not later than December 31 of each year in 
     which a survey is conducted under paragraph (1) (beginning in 
     2010), the Secretary of the Treasury shall report to the 
     Committee on Finance and the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Ways 
     and Means and the Committee on Education and Labor of the 
     House of Representatives the findings of the most recent 
     survey conducted under subsection (a).
       (b) Report.--Not later than October 1 of each year 
     (beginning in 2010), the Secretary of the Treasury (after 
     consultation with the Secretary of Labor, in the case of the 
     information required under paragraph (7)) shall report to the 
     Committee on Finance and the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Ways 
     and Means and the Committee on Education and Labor of the 
     House of Representatives the following information with 
     respect to the most recent taxable year ending before such 
     date:
       (1) In each State and nationally--
       (A) the total number of eligible individuals (as defined in 
     section 35(c) of the Internal Revenue Code of 1986) and the 
     number of eligible individuals receiving the health coverage 
     tax credit,

[[Page 3050]]

       (B) the total number of such eligible individuals who 
     receive an advance payment of the health coverage tax credit 
     through the HCTC program,
       (C) the average length of the time period of the 
     participation of eligible individuals in the HCTC program, 
     and
       (D) the total number of participating eligible individuals 
     in the HCTC program who are enrolled in each category of 
     coverage as described in section 35(e)(1) of such Code,

     with respect to each category of eligible individuals 
     described in section 35(c)(1) of such Code.
       (2) In each State and nationally, an analysis of--
       (A) the range of monthly health insurance premiums, for 
     self-only coverage and for family coverage, for individuals 
     receiving the health coverage tax credit, and
       (B) the average and median monthly health insurance 
     premiums, for self-only coverage and for family coverage, for 
     individuals receiving the health coverage tax credit,

     with respect to each category of coverage as described in 
     section 35(e)(1) of such Code.
       (3) In each State and nationally, an analysis of the 
     following information with respect to the health insurance 
     coverage of individuals receiving the health coverage tax 
     credit who are enrolled in coverage described in 
     subparagraphs (B) through (H) of section 35(e)(1) of such 
     Code:
       (A) Deductible amounts.
       (B) Other out-of-pocket cost-sharing amounts.
       (C) A description of any annual or lifetime limits on 
     coverage or any other significant limits on coverage 
     services, or benefits.

     The information required under this paragraph shall be 
     reported with respect to each category of coverage described 
     in such subparagraphs.
       (4) In each State and nationally, the gender and average 
     age of eligible individuals (as defined in section 35(c) of 
     such Code) who receive the health coverage tax credit, in 
     each category of coverage described in section 35(e)(1) of 
     such Code, with respect to each category of eligible 
     individuals described in such section.
       (5) The steps taken by the Secretary of the Treasury to 
     increase the participation rates in the HCTC program among 
     eligible individuals, including outreach and enrollment 
     activities.
       (6) The cost of administering the HCTC program by function, 
     including the cost of subcontractors, and recommendations on 
     ways to reduce administrative costs, including recommended 
     statutory changes.
       (7) The number of States applying for and receiving 
     national emergency grants under section 173(f) of the 
     Workforce Investment Act of 1998 (29 U.S.C. 2918(f)), the 
     activities funded by such grants on a State-by-State basis, 
     and the time necessary for application approval of such 
     grants.

     SEC. 1799J. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $80,000,000 for the 
     period of fiscal years 2009 through 2010 to implement the 
     amendments made by, and the provisions of, sections 1799 
     through 1799I of this part.

     SEC. 1799K. EXTENSION OF NATIONAL EMERGENCY GRANTS.

       (a) In General.--Section 173(f) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2918(f)), as amended by this Act, is 
     amended--
       (1) by striking paragraph (1) and inserting the following 
     new paragraph:
       ``(1) Use of funds.--
       ``(A) Health insurance coverage for eligible individuals in 
     order to obtain qualified health insurance that has 
     guaranteed issue and other consumer protections.--Funds made 
     available to a State or entity under paragraph (4)(A) of 
     subsection (a) may be used to provide an eligible individual 
     described in paragraph (4)(C) and such individual's 
     qualifying family members with health insurance coverage for 
     the 3-month period that immediately precedes the first 
     eligible coverage month (as defined in section 35(b) of the 
     Internal Revenue Code of 1986) in which such eligible 
     individual and such individual's qualifying family members 
     are covered by qualified health insurance that meets the 
     requirements described in clauses (i) through (v) of section 
     35(e)(2)(A) of the Internal Revenue Code of 1986 (or such 
     longer minimum period as is necessary in order for such 
     eligible individual and such individual's qualifying family 
     members to be covered by qualified health insurance that 
     meets such requirements).
       ``(B) Additional uses.--Funds made available to a State or 
     entity under paragraph (4)(A) of subsection (a) may be used 
     by the State or entity for the following:
       ``(i) Health insurance coverage.--To assist an eligible 
     individual and such individual's qualifying family members 
     with enrolling in health insurance coverage and qualified 
     health insurance or paying premiums for such coverage or 
     insurance.
       ``(ii) Administrative expenses and start-up expenses to 
     establish group health plan coverage options for qualified 
     health insurance.--To pay the administrative expenses related 
     to the enrollment of eligible individuals and such 
     individuals' qualifying family members in health insurance 
     coverage and qualified health insurance, including--

       ``(I) eligibility verification activities;
       ``(II) the notification of eligible individuals of 
     available health insurance and qualified health insurance 
     options;
       ``(III) processing qualified health insurance costs credit 
     eligibility certificates provided for under section 7527 of 
     the Internal Revenue Code of 1986;
       ``(IV) providing assistance to eligible individuals in 
     enrolling in health insurance coverage and qualified health 
     insurance;
       ``(V) the development or installation of necessary data 
     management systems; and
       ``(VI) any other expenses determined appropriate by the 
     Secretary, including start-up costs and on going 
     administrative expenses, in order for the State to treat the 
     coverage described in subparagraphs (C) through (H) of 
     section 35(e)(1) of the Internal Revenue Code of 1986 as 
     qualified health insurance under that section.

       ``(iii) Outreach.--To pay for outreach to eligible 
     individuals to inform such individuals of available health 
     insurance and qualified health insurance options, including 
     outreach consisting of notice to eligible individuals of such 
     options made available after the date of enactment of this 
     clause and direct assistance to help potentially eligible 
     individuals and such individual's qualifying family members 
     qualify and remain eligible for the credit established under 
     section 35 of the Internal Revenue Code of 1986 and advance 
     payment of such credit under section 7527 of such Code.
       ``(iv) Bridge funding.--To assist potentially eligible 
     individuals to purchase qualified health insurance coverage 
     prior to issuance of a qualified health insurance costs 
     credit eligibility certificate under section 7527 of the 
     Internal Revenue Code of 1986 and commencement of advance 
     payment, and receipt of expedited payment, under subsections 
     (a) and (e), respectively, of that section.
       ``(C) Rule of construction.--The inclusion of a permitted 
     use under this paragraph shall not be construed as 
     prohibiting a similar use of funds permitted under subsection 
     (g).''; and
       (2) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) Qualified health insurance.--For purposes of this 
     subsection and subsection (g), the term `qualified health 
     insurance' has the meaning given that term in section 35(e) 
     of the Internal Revenue Code of 1986.''.
       (b) Funding.--Section 174(c)(1) of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2919(c)(1)) is amended--
       (1) in the paragraph heading, by striking ``Authorization 
     and appropriation for fiscal year 2002'' and inserting 
     ``Appropriations''; and
       (2) by striking subparagraph (A) and inserting the 
     following new subparagraph:
       ``(A) to carry out subsection (a)(4)(A) of section 173--
       ``(i) $10,000,000 for fiscal year 2002; and
       ``(ii) $150,000,000 for the period of fiscal years 2009 
     through 2010; and''.
                                 ______
                                 
  SA 405. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 176, line 18, strike ``0.75 percent'' and insert 
     ``75 percent''.
                                 ______
                                 
  SA 406. Mr. BEGICH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 40, between lines 17 and 18, insert the following:
       For an additional amount for implementation of the 
     Magnuson-Stevens Fishery Conservation and Management Act by 
     the National Marine Fisheries Service, $39,800,000, to remain 
     available until September 30, 2010.
                                 ______
                                 
  SA 407. Mr. LAUTENBERG (for himself, Mr. Menendez, Mr. Dodd, Mr. 
Kerry, Mr. Lieberman, and Mr. Kennedy) submitted an amendment intended 
to be proposed to amendment SA 98 proposed by Mr. Inouye (for himself 
and Mr. Baucus) to the bill H.R. 1, making supplemental appropriations 
for job preservation and creation, infrastructure investment, energy 
efficiency and science, assistance to the

[[Page 3051]]

unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 4204A. CONTINUED APPLICATION OF BUDGET NEUTRALITY ON A 
                   NATIONAL BASIS IN CALCULATION OF THE MEDICARE 
                   URBAN HOSPITAL WAGE FLOOR.

       (a) In General.--In the case of discharges occurring on or 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall continue to administer 
     section 4410(b) of the Balanced Budget Act of 1997 (42 U.S.C. 
     1395ww note) and section 412.64(e) of title 42, Code of 
     Federal Regulations, in the same manner as the Secretary 
     administered such sections for discharges occurring during 
     fiscal year 2008 (through a uniform, national adjustment to 
     the area wage index).
       (b) Hold Harmless for Fiscal Year 2009.--Notwithstanding 
     any other provision of law, in the case of discharges 
     occurring on or after the date of the enactment of this Act 
     and before October 1, 2009, if the application of subsection 
     (a) would otherwise result in the area wage index applicable 
     to a hospital under section 1886(d)(3)(E) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(3)(E)) being reduced, the 
     area wage index for such hospital shall be the area wage 
     index for such hospital that was applicable to discharges 
     occurring on the day before the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 408. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 353 proposed by Mr. Ensign (for himself, Mr. McConnell, 
and Mr. Alexander) to the amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 35, between lines 10 and 11, insert the following:

     SEC. 1203. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR 
                   NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) (relating 
     to special rule for taxable years 2000 through 2008) is 
     amended--
       (1) by striking ``or 2008'' and inserting ``2008, or 
     2009'', and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2009''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1204. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX 
                   EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) (relating 
     to exemption amount) is amended--
       (1) by striking ``($69,950 in the case of taxable years 
     beginning in 2008)'' in subparagraph (A) and inserting 
     ``($70,950 in the case of taxable years beginning in 2009)'', 
     and
       (2) by striking ``($46,200 in the case of taxable years 
     beginning in 2008)'' in subparagraph (B) and inserting 
     ``($46,700 in the case of taxable years beginning in 2009)''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 409. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 73, line 18, strike ``regional 
     transmission'' and all that follows through ``formation of'' 
     on page 74, line 2, and insert ``transmission plans, 
     including regional transmission plans, the Office of 
     Electricity Delivery and Energy Reliability within the 
     Department of Energy is provided $80,000,000 within the 
     available funds to conduct a resource assessment and an 
     analysis of future demand and transmission requirements: 
     Provided further, That the Office of Electricity Delivery and 
     Energy Reliability will provide technical assistance to the 
     North American Electric Reliability Corporation, the regional 
     reliability entities, the States, and other transmission 
     owners and operators for the formation of transmission plans, 
     including''.
                                 ______
                                 
  SA 410. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 70, line 16, after ``That'', insert the following: 
     ``$180,000,000 shall be available for renewable energy 
     construction grants under section 803 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17282), 
     geothermal energy programs and grants under sections 613, 
     614, 615, and 625 of that Act (42 U.S.C. 17192, 17193, 17194, 
     17204), and the marine and hydrokinetic renewable energy 
     technologies program established under section 633 of that 
     Act (42 U.S.C. 17212): Provided further,''.
                                 ______
                                 
  SA 411. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 184, between lines 8 and 9, insert the following:
       (4) Special rules regarding private schools.--
       (A) Determination of number of poor children.--The 
     Secretary shall, in determining the number of poor children 
     for purposes of paragraph (2)(A), include in such number for 
     each local educational agency, the total number of poor 
     children who are served by private schools located in the 
     school attendance area served by the local educational 
     agency.
       (B) Funds available for private schools.--
       (i) In general.--Notwithstanding paragraph (2)(C) or any 
     other provision of this section, each local educational 
     agency that receives funds under paragraph (2) or (3) shall 
     collaborate with private schools located in the school 
     attendance area of the local educational agency, in order to 
     use the amount described in clause (ii) to carry out school 
     construction, repair, and renovation projects, consistent 
     with subsection (c) and the first amendment to the 
     Constitution, for such private schools.
       (ii) Amount for private schools.--For each local 
     educational agency that receives funds under paragraph (2) or 
     paragraph (3), the amount described in this clause shall be 
     an amount that bears the same relation to the total amount of 
     such funds received by the local educational agency, as the 
     number of poor children served by private schools located in 
     the school attendance area served by the local educational 
     agency for the most recent school year for which data are 
     available, bears to the total number of poor children served 
     by the local educational agency and by such private schools 
     for such school year.
       (C) Regulations.--The Secretary shall promulgate 
     regulations as necessary to carry out this paragraph.
                                 ______
                                 
  SA 412. Mr. BINGAMAN (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 93, line 15, after ``Provided,'', insert the 
     following: ``That, to the maximum extent practicable, a 
     portion of the funds made available under this heading may be 
     used for comprehensive projects to promote energy efficiency, 
     water conservation, and renewable energy carried out in a 
     manner that leverages private sector financing and measures 
     and verifies savings: Provided further,''.
                                 ______
                                 
  SA 413. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page 3052]]

       On page 70, lines 15 and 16, strike ``Provided,'' and 
     insert: ``Provided, That not less than $100,000,000 shall be 
     for the building codes training and technical assistance 
     program of the Department of Energy, including section 304 of 
     the Energy Conservation and Production Act (42 U.S.C. 6833):  
     Provided further,''.
                                 ______
                                 
  SA 414. Mrs. McCASKILL submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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

                     GENERAL PROVISIONS--THIS TITLE


       implementation of acquisition workforce development plans

       Sec. 301.  (a) Amount for Office of Federal Procurement 
     Policy.--
       (1) Amount.--For an additional amount for ``Office of 
     Management and Budget'', $40,000,000, to remain available 
     until September 30, 2010.
       (2) Availability.--The amount provided by paragraph (1) 
     shall be available to the Office of Federal Procurement 
     Policy for purposes of the implementation of the Acquisition 
     Workforce Development Strategic Plan under section 869 of the 
     Duncan Hunter National Defense Authorization Act for Fiscal 
     Year 2009 (Public Law 110-417; 122 Stat. 4553).
       (3) Exercise of authority.--In implementing the Acquisition 
     Workforce Development Strategic Plan utilizing the amount 
     provided by paragraph (1), the Administrator of the Office of 
     Federal Procurement Policy may, in consultation with the 
     Director of the Office of Management and Budget and the 
     Associate Director of the Office of Management and Budget for 
     Acquisition Workforce Programs--
       (A) allocate amounts provided by paragraph (1) to 
     departments and agencies of the Federal Government 
     implementing the Acquisition Workforce Development Strategic 
     Plan for purposes of hiring, training, and developing 
     contract officers, contract auditors, and contract 
     investigators; and
       (B) set priorities in the allocation of amounts under 
     subparagraph (A) to departments and agencies in which 
     contracting activities are high or shortfalls in the 
     acquisition workforce are most severe.
       (b) Amount for Secretary of Defense.--
       (1) Amount.--For an additional amount for ``Operation and 
     Maintenance, Defense-Wide'', $20,500,000, to remain available 
     until September 30, 2010.
       (2) Availability.--The amount provided by paragraph (1) 
     shall be available to the Secretary of Defense to support the 
     Department of Defense Acquisition Workforce Development Fund 
     under section 1705 of title 10, United States Code.
       (3) Exercise of authority.--In supporting the Department of 
     Defense Acquisition Workforce Development Fund utilizing the 
     amount provided by paragraph (1), the Secretary--
       (A) shall utilize such amount for purposes of hiring, 
     training, and developing contract officers, contract 
     auditors, and contract investigators, including the 
     allocation of funds to the military departments for such 
     purposes; and
       (B) in so utilizing such amount, should consider the 
     requirements and needs identified in the most current 
     strategic human capital plan under section 1122 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3452; 10 U.S.C. prec. 1580 
     note), including the requirements and needs identified 
     pursuant to the provisions of section 851 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 247; 10 U.S.C. prec. 1580 note).
       (c) Offset.--The amount appropriated by title XI under the 
     heading ``diplomatic and consular affairs'' is hereby reduced 
     by $60,500,000, with the amount of the reduction allocated to 
     amounts available under that heading to improve the 
     efficiency of human resources and diplomatic support 
     functions.
                                 ______
                                 
  SA 415. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 143, between lines 9 and 10, insert the following:

                      English Language Acquisition

       For an additional amount for carrying out part A of title 
     III of the Elementary and Secondary Education Act of 1965, 
     $500,000,000: Provided, That such amount shall be designated 
     as an emergency requirement and necessary to meet emergency 
     needs pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009.
                                 ______
                                 
  SA 416. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 124, after line 24, insert the following:
       (6) $50,000,000 for Migrant and Seasonal Farmworker 
     programs under section 167 of the WIA: Provided, That such 
     funds shall be designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to section 204(a) 
     of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of 
     S. Con. Res. 70 (110th Congress), the concurrent resolutions 
     on the budget for fiscal years 2008 and 2009;
       (7) $50,000,000 for section 171 of the WIA: Provided, That 
     these funds shall be for integrated job training programs 
     which provide occupational skills training to be combined 
     with English language acquisition for limited English 
     proficient adults: Provided further, That these funds shall 
     be designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to section 204(a) of S. Con. 
     Res. 21 (110th Congress) and section 301(b)(2) of S. Con. 
     Res. 70 (110th Congress), the concurrent resolutions on the 
     budget for fiscal years 2008 and 2009; and
                                 ______
                                 
  SA 417. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 56, between lines 23 and 24, insert the following:
       (11) Nothing in this section shall be construed to prevent 
     a grant recipient from deterring child pornography, copyright 
     infringement, or any other unlawful activity over its 
     networks.
                                 ______
                                 
  SA 418. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REQUIRING USE OF STATE EXCESS END OF YEAR GENERAL 
                   FUND BALANCES.

       A State may not receive any funding under this Act for 
     State fiscal year 2010 or 2011 unless the Governor of the 
     State prior to the beginning of that fiscal year certifies 
     that for such fiscal year any end of year general fund 
     balance, which includes budget stabilization or rainy day 
     funds, maintained by the State does not exceed 7 percent of 
     total State general funds.
                                 ______
                                 
  SA 419. Mr. COCHRAN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 105, between lines 20 and 21, insert the following:

                office of the chief information officer

       For an additional amount for the Office of the Chief 
     Information Officer, $100,000,000, to remain available until 
     September 30, 2010, for the highest data center development 
     and security activities priorities: Provided, That this 
     amount is designated as an emergency

[[Page 3053]]

     requirement and necessary to meet emergency needs pursuant to 
     section 204(a) of S. Con. Res. 21 (110th Congress) and 
     section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 
     concurrent resolutions on the budget for fiscal years 2008 
     and 2009.
       On page 107, line 3, strike ``$800,000,000'' and insert 
     ``$700,000,000''.
                                 ______
                                 
  SA 420. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 105, between lines 20 and 21, insert the following:

                office of the chief information officer

       For an additional amount for the Office of the Chief 
     Information Officer, $100,000,000, to remain available until 
     September 30, 2010, for the highest data center development 
     and security activities priorities: Provided, That this 
     amount is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to section 204(a) 
     of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of 
     S. Con. Res. 70 (110th Congress), the concurrent resolutions 
     on the budget for fiscal years 2008 and 2009.
       On page 109, line 22, strike ``$950,000,000'' and insert 
     ``$850,000,000''.
       On page 110, line 19, strike ``$500,000,000'' and insert 
     ``$400,000,000''.
                                 ______
                                 
  SA 421. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 145, between lines 2 and 3, insert the following:

                 Career, Technical, and Adult Education

       For an additional amount for carrying out Adult Education 
     State Grants under section 211 of the Adult Education and 
     Family Literacy Act, $250,000,000: Provided, That eligible 
     agencies receiving such grants shall give priority to 
     programs providing services for English as a second language: 
     Provided further, That this amount shall be designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009.
                                 ______
                                 
  SA 422. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 123, line 9, strike ``$3,250,000,000,'' and insert 
     ``$3,350,000,000, which amount shall be designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009, and''.

                                 ______
                                 
  SA 423. Mr. PRYOR (for himself and Mrs. Lincoln) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 8, line 10, before the period, insert the 
     following: ``: Provided, That, in making loans, loan 
     guarantees, and grants using funds made available under this 
     heading, the Secretary of Agriculture may waive the 
     application requirements related to population, income, and 
     project development cost ratios, if the waiver is appropriate 
     to expedite use of the funds, the project still applies to 
     communities that are rural in character with a population of 
     less than 20,000, and the median household income of the 
     community served does not exceed the estimated national real 
     median income for households outside metropolitan statistical 
     areas according to United States Census Bureau current 
     population survey data for 2007''.
                                 ______
                                 
  SA 424. Mr. GRASSLEY (for himself and Mr. Harkin) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 134, lines 12 and 13, strike ``funds shall be 
     allocated to all States on the basis of unemployment'' and 
     insert ``$200,000,000 of such funds shall be allocated to all 
     States on the basis of unemployment and $200,000,000 of such 
     funds shall be allocated only to those States that suffered 
     hurricanes, floods, or other natural disasters occurring 
     during 2008 for which the President declared a major disaster 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act of 1974: Provided further, That the 
     funds allocated to those States that suffered such natural 
     disasters during 2008 shall be distributed on the basis of an 
     approved application and a formula established by the 
     Secretary of Health and Human Services that is based on the 
     number of approved applications for individual assistance in 
     a State under such Act, the population of the counties in the 
     State declared eligible for individual assistance under such 
     Act, and the duration of the natural disaster event as it 
     relates to the severity of the impact of the event on 
     individuals living in disaster-affected areas''.
                                 ______
                                 
  SA 425. Mr. ROCKEFELLER (for himself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 5006. SENSE OF THE SENATE REGARDING MAINTAINING ACCESS 
                   TO MEDICAID DURING AN ECONOMIC DOWNTURN.

       (a) Findings.--The Senate makes the following findings:
       (1) Medicaid is a vital safety-net for nearly 60,000,000 
     low-income Americans. In times of economic downturn, Medicaid 
     becomes even more important for working families.
       (2) The current national unemployment rate is 7.2 percent, 
     and many States are above the national average. Experts 
     believe that unemployment could rise to 9 percent or even 
     higher before the economy turns around.
       (3) If the unemployment rate averages between 8 and 9 
     percent during the next 2\1/2\ years as is currently 
     projected, States will face an estimated funding gap of 
     approximately $94,000,000,000 in Medicaid and the Children's 
     Health Insurance Program (CHIP) during that period, according 
     to the most recent Urban Institute and Kaiser Family 
     Foundation study.
       (4) States are struggling to cope with increasing Medicaid 
     enrollment and decreasing State revenues. The Congressional 
     Budget Office has projected Medicaid enrollment growth of 
     nearly 9 percent in fiscal year 2009 alone.
       (5) According to the Government Accountability Office, 
     State and local fiscal pressures have led to an estimated 
     $312,000,000,000 operating deficit in State and local 
     governments over the next 2 years, which will 
     disproportionately impact Medicaid.
       (6) States need greater financial support from the Federal 
     Government, not less financial support and more restrictions 
     that make providing quality care to those most in need more 
     difficult.
       (7) This Act includes $90,000,000,000 in Medicaid relief to 
     States, $87,000,000,000 in relief through an increase in the 
     Federal medical assistance percentage (FMAP) and 
     $3,000,000,000 in reimbursement to States for expenditures 
     for providing medical assistance to disabled individuals that 
     should have been paid for by the Medicare program.
       (8) The Medicaid relief in the Act will fill a significant 
     portion of the expected gaps in Medicaid funding over the 
     next 27 months and allow States to protect eligibility, 
     benefits and provider payments.
       (9) Adding additional restrictions on a State's ability to 
     receive Medicaid relief moves in the wrong direction.

[[Page 3054]]

       (10) Any maintenance of effort for eligibility should be 
     straightforward, as it was in the Jobs and Growth Tax Relief 
     Reconciliation Act of 2003 (Public Law 108-27), so that 
     States and the Federal Government can avoid conflicts over 
     questions related to applicable aspects of eligibility 
     policies and so that States may still undertake activities 
     intended to streamline eligibility procedures which in turn 
     could result in cost efficiencies.
       (11) Requiring States to ensure certain provider payment 
     and benefit levels, in addition to the income eligibility 
     requirements already in the Act, means that some States will 
     simply decline the Federal help and cut their Medicaid 
     programs even more drastically than they already have.
       (12) According to the Congressional Budget Office, adding 
     provider payment and benefit maintenance of effort provisions 
     will either reduce the overall FMAP amount to States by more 
     than $12,000,000,000 or increase the amount that States have 
     to spend on Medicaid.
       (13) It is inefficient to spend vital coverage dollars on 
     provider payment and benefit restorations that States are 
     likely to do on their own, without such additional 
     requirements.
       (14) Medicaid provider payment issues require a longer-term 
     solution that addresses the historical problems with Medicaid 
     provider payments, which is why Congress created the Medicaid 
     and CHIP Payment and Access Commission (MACPAC) in the 
     Children's Health Insurance Program Reauthorization Act of 
     2009.
       (15) Any additional maintenance of effort requirements will 
     penalize States in desperate need of relief to keep their 
     Medicaid programs operating and will reduce the number of 
     families covered during this economic downturn.
       (16) Providers, including physicians, community health 
     centers, and hospitals, are already receiving significant 
     relief in other areas of this Act.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) Medicaid relief is an essential part of economic 
     recovery;
       (2) States are required, as a condition for receiving FMAP 
     relief, to report to the Secretary of Health and Human 
     Services on the use of the FMAP relief funds, which will 
     alert the Secretary to any ongoing problems with access to 
     benefits;
       (3) Congress created the Medicaid and CHIP Payment and 
     Access Commission (MACPAC) to take a longer-term look at 
     Medicaid benefits and access; and
       (4) additional Medicaid maintenance of effort provisions, 
     as requirements for receiving FMAP relief, are unnecessary 
     and should not be added to the Act.
                                 ______
                                 
  SA 426. Mr. SCHUMER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 247, line 9, strike ``$3,000,000,000'' and insert 
     ``$4,000,000,000''.
       On page 247, line 15, strike ``$2,000,000,000'' and insert 
     ``$1,000,000,000''.
                                 ______
                                 
  SA 427. Mr. DODD (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 570, after line 8, insert the following:

     SEC. --. MODIFICATION OF RULES RELATING TO CANCELLATION OF 
                   QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.

       (a) Inclusion of All Mortgage Indebtedness.--Paragraph (2) 
     of section 108(h) is amended by inserting ``and home equity 
     indebtedness (within the meaning of section 163(h)(3)(C), 
     applied by inserting `as of the date such indebtedness was 
     secured by such residence' after `qualified residence' in 
     clause (i)(I) thereof and by substituting `$250,000 
     ($125,000' for `$100,000 ($50,000' in clause (ii) thereof)'' 
     before ``with respect to the principal residence of the 
     taxpayer''.
       (b) Simplification of Rules Relating to Certain 
     Discharges.--Paragraph (3) of section 108(h) is amended--
       (1) by striking ``or any other factor'' and all that 
     follows and inserting ``or is in any other way compensation 
     or in lieu of compensation.'', and
       (2) by striking ``not related to taxpayer's financial 
     condition'' in the heading.
       (c) Effective Date.--The amendments made by this section 
     shall apply to discharges of indebtedness made on or after 
     January 1, 2009.
                                 ______
                                 
  SA 428. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 37, strike lines 3 through 5, and insert 
     the following:
       For necessary expenses of the Bureau of the Census related 
     to ``Periodic Censuses and Programs'', $1,000,000,000, to 
     remain available until September 30, 2010: Provided, That the 
     Bureau of the Census submits to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on Homeland Security and Governmental 
     Affairs of the Senate, and the Committee on Oversight and 
     Government Reform of the House of Representatives a report on 
     the intended allocation of these funds within 60 days of the 
     date of enactment of this Act: Provided further, That the 
     report shall (1) identify objectives and outcome-related 
     goals of planned spending; (2) justify how the spending is 
     necessary to achieve the goals; and (3) identify how 
     performance measures will be used to measure achievement of 
     goals: Provided further, That the report is subject to review 
     by the Government Accountability Office.
                                 ______
                                 
  SA 429. Mr. BINGAMAN (for himself, Mr. Menendez, and Mr. Sanders) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 90, between lines 14 and 15, insert the following:

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

       (a) In General.--Section 203 of the Energy Policy Act of 
     2005 (42 U.S.C. 15852) is amended by adding at the end the 
     following:
       ``(e) Contract Period.--
       ``(1) In general.--Notwithstanding section 501(b)(1)(B) of 
     title 40, United States Code, a contract entered into by a 
     Federal agency to acquire renewable energy may be made for a 
     period of not more than 30 years.
       ``(2) Technical assistance.--The Secretary shall provide 
     technical assistance to Federal agencies to enter into 
     contracts under this subsection.
       ``(3) Standardized renewable energy purchase agreement.--
     Not later than 90 days after the date of enactment of this 
     subsection, the Secretary, acting through the Federal Energy 
     Management Program, shall publish a standardized renewable 
     energy purchase agreement setting forth commercial terms and 
     conditions that can be used by Federal agencies to acquire 
     renewable energy.''.
       (b) Emergency Designation.--Each amount provided as a 
     result of the amendment made by subsection (a) is designated 
     as an emergency requirement and necessary to meet emergency 
     needs pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009.
                                 ______
                                 
  SA 430. Mr. UDALL of New Mexico submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 46, line 5, insert ``, of which not less than 5 
     percent shall be used to provide those services to Indian 
     tribes'' before the period at the end.
       On page 69, strike lines 5 through 9 and insert the 
     following:

     Bay-Delta Restoration Act (Public Law 108-361; 118 Stat. 
     1681): Provided further, That not less than $300,000,000 of 
     the funds provided under this heading shall be used for 
     congressionally authorized tribal and nontribal

[[Page 3055]]

     rural water projects, of which not less than $60,000,000 
     shall be used primarily for water intake and treatment 
     facilities for those projects: Provided further,
       On page 115, line 26, strike ``$40,000,000'' and insert 
     ``$90,000,000''.
       On page 116, line 2, insert ``; and of which $50,000,000 
     shall be for contract support costs, in accordance with 
     section 106(a) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450j-1(a))'' before the period at 
     the end.
       On page 116, line 9, strike ``$10,000,000'' and insert 
     ``$40,000,000''.
       On page 116, between lines 10 and 11, insert the following:


                             tribal schools

        For an additional amount for schools operated by tribal 
     organizations or the Bureau of Indian Affairs for the 
     education of Indian children that receive financial 
     assistance from the Bureau under a contract, grant, or 
     agreement, or (for a Bureau-operated school) under section 
     102, 103(a), or 208 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450f, 450h(a), and 458d) 
     or the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
     2501 et seq.), $100,000,000, to remain available under 
     September 30, 2010, of which not less than $50,000,000 shall 
     be used for the construction of new schools, not less than 
     $25,000,000 shall be used for the repair and improvement of 
     existing tribal schools, and not less than $25,000,000 shall 
     be used for administrative costs of tribal schools.


                            road maintenance

        For an additional amount for the Road Maintenance Program 
     of the Bureau of Indian Affairs under subpart G of chapter I 
     of title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act), $75,000,000, to be used for 
     maintenance and improvement of existing tribal 
     infrastructure, to remain available until September 30, 2010.


                      tribal detention facilities

        For an additional amount for tribal detention facilities 
     under part 10 of chapter I of title 25, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act), $25,000,000, to be used for maintenance and repair of 
     existing tribal detention facilities, to remain available 
     until September 30, 2010.
       On page 119, line 17, strike ``may'' and insert ``shall''.
       On page 121, line 10, strike ``$135,000,000'' and insert 
     ``$230,000,000''.
       On page 121, line 11, strike ``$50,000,000'' and insert 
     ``$125,000,000''.
       On page 121, line 12, insert ``; and of which not less than 
     $20,000,000 shall be used to provide health services to urban 
     Indians (as defined in section 4 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1603))'' before the semicolon.
       On page 121, line 24, strike ``$410,000,000'' and insert 
     ``$510,000,000, to remain available until September 30, 2010, 
     of which not less than $100,000,000 shall be used for 
     contract support costs of those facilities, in accordance 
     with section 106(a) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450j-1(a))''.
                                 ______
                                 
  SA 431. Mr. COCHRAN (for himself, Ms. Landrieu, Mr. Vitter, and Mr. 
Wicker) submitted an amendment intended to be proposed to amendment SA 
98 proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 
1, making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and science, 
assistance to the unemployed, and State and local fiscal stabilization, 
for fiscal year ending September 30, 2009, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 242, line 16, strike ``$100,000,000'' and insert 
     ``$50,000,000''.
       On page 242, after line 25, add the following:


    loan guarantees for shipbuilding and other authorized activities

        To provide loan guarantees authorized under chapter 537 of 
     title 46, United States Code, $50,000,000.
                                 ______
                                 
  SA 432. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 648, immediately before line 10, insert the 
     following:
       (c) Report Required.--Not later than 1 year after the date 
     of enactment of this section, the Government Accountability 
     Office shall submit to Congress and the Secretary of Health 
     and Human Services a report on the impact of any of the 
     amendments made by this title that are related to the Health 
     Insurance Portability and Accountability Act of 1996 and 
     section 552a of title 5, United States Code, on health 
     insurance premiums and overall health care costs.
                                 ______
                                 
  SA 433. Mr. GRASSLEY (for himself, Mr. Baucus, and Mr. Whitehouse) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 361, line 7, strike ``and'' and all that follows 
     through line 10, and insert the following: ``, subject to any 
     regulation that the Secretary may promulgate to prevent 
     protected health information from inappropriate access, use, 
     or disclosure.''.
                                 ______
                                 
  SA 434. Mr. BURR submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 4204A. MINIMUM UPDATE FOR PHYSICIANS' SERVICES FOR 2010 
                   AND 2011.

       (a) In General.--Section 1848(d) of the Social Security Act 
     (42 U.S.C. 1395w-4(d)) is amended by adding at the end the 
     following new paragraphs:
       ``(10) Update for 2010.--
       ``(A) In general.--The update to the single conversion 
     factor established in paragraph (1)(C) for 2010 shall not be 
     less than 3 percent.
       ``(B) No effect on computation of conversion factor for 
     2011 and subsequent years.--The conversion factor under this 
     subsection shall be computed under paragraph (1)(A) for 2011 
     and subsequent years as if subparagraph (A) had never 
     applied.
       ``(11) Update for 2011.--
       ``(A) In general.--The update to the single conversion 
     factor established in paragraph (1)(C) for 2011 shall not be 
     less than 1 plus the Secretary's estimate of the percentage 
     change in the value of the input price index (as provided 
     under subparagraph (B)(ii)) for 2011 (divided by 100).
       ``(B) Input price index.--
       ``(i) Establishment.--Taking into account the mix of goods 
     and services included in computing the medicare economic 
     index (referred to in the fourth sentence of section 
     1842(b)(3)), the Secretary shall establish an index that 
     reflects the weighted-average input prices for physicians' 
     services for 2010. Such index shall only account for input 
     prices and not changes in costs that may result from other 
     factors (such as productivity).
       ``(ii) Annual estimate of change in index.--The Secretary 
     shall estimate, before the beginning of 2011, the change in 
     the value of the input price index under clause (i) from 2010 
     to 2011.
       ``(C) No effect on computation of conversion factor for 
     2012 and subsequent years.--The conversion factor under this 
     subsection shall be computed under paragraph (1)(A) for 2012 
     and subsequent years as if subparagraphs (A) and (B) had 
     never applied.''.
       (b) Premium Transition Rule.--Notwithstanding any other 
     provision of law--
       (1) 2010.--
       (A) Premium.--Nothing in this section shall be construed as 
     modifying the premium previously computed under section 1839 
     of the Social Security Act for months in 2010.
       (B) Government contribution.--In computing the amount of 
     the Government contribution under section 1844(a) of the 
     Social Security Act for months in 2010, the Secretary of 
     Health and Human Services shall compute and apply a new 
     actuarially adequate rate per enrollee age 65 and over under 
     section 1839(a)(1) of such Act taking into account the 
     provisions of this section.
       (2) 2011.--
       (A) Premium.--The monthly premium under section 1839 of the 
     Social Security Act for months in 2011 shall be computed as 
     if this section had not been enacted.
       (B) Government contribution.--The Government contribution 
     under section 1844(a) of the Social Security Act for months 
     in 2011 shall be computed taking into account the provisions 
     of this section, including subparagraph (A).
       (c) Funding.--Notwithstanding any other provision of this 
     division or division A, amounts made available by this 
     division or division A for Mandatory provisions, excluding 
     provisions relating to Veterans, are reduced by the pro rata 
     percentage required to

[[Page 3056]]

     carry out the provisions of, and amendments made by, 
     subsections (a) and (b).
                                 ______
                                 
  SA 435. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, between lines 8 and 9, insert the following:

     SEC. ___. AMENDMENTS TO SECTION 3 OF PUBLIC LAW 110-428.

       (a) In General.--Section 3(c)(2)(A) of Public Law 110-428 
     is amended--
       (1) in the matter before clause (i), by striking ``4-year'' 
     and inserting ``5-year''; and
       (2) in clause (i), by striking ``1-year'' and inserting 
     ``2-year''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of Public 
     law 110-428.
                                 ______
                                 
  SA 436. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 218 submitted by Mrs. Murray (for herself, Mr. Kennedy, 
Mr. Brown, Ms. Stabenow, Mr. Sanders, and Mr. Reed) and intended to be 
proposed to the amendment SA 98 proposed by Mr. Inouye (for himself and 
Mr. Baucus) to the bill H.R. 1, making supplemental appropriations for 
job preservation and creation, infrastructure investment, energy 
efficiency and science, assistance to the unemployed, and State and 
local fiscal stabilization, for fiscal year ending September 30, 2009, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1, line 2, strike ``$1,675,000,000'' and insert 
     ``$1,775,000,000''.
       On page 2, line 8, strike ``$375,000,000)'' and insert 
     ``$475,000,000) of which $100,000,000 shall be under the 
     dislocated worker national reserve for competitive grants for 
     integrated job training programs that combine English 
     language acquisition with occupational skills training in 
     emerging and viable industries, and that are administered by 
     eligible partnerships that include entities with experience 
     in serving limited English proficient workers, and the 
     remainder of the funds made available under this paragraph 
     shall be''.
                                 ______
                                 
  SA 437. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 218 submitted by Mrs. Murray (for herself, Mr. Kennedy, 
Mr. Brown, Ms. Stabenow, Mr. Sanders, and Mr. Reed) and intended to be 
proposed to the amendment SA 98 proposed by Mr. Inouye (for himself and 
Mr. Baucus) to the bill H.R. 1, making supplemental appropriations for 
job preservation and creation, infrastructure investment, energy 
efficiency and science, assistance to the unemployed, and State and 
local fiscal stabilization, for fiscal year ending September 30, 2009, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1, line 2, strike ``$1,675,000,000'' and insert 
     ``$1,700,000,000''.
       On page 2, line 4, strike ``$500,000,000)'' and insert 
     ``$525,000,000) of which $25,000,000 shall be for programs of 
     veterans' workforce investment activities under section 168 
     of WIA and the remainder shall be''.

                                 ______
                                 
  SA 438. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 40, line 7, before the period, insert the 
     following: ``: Provided, That $10,000,000 of the funds made 
     available under this heading shall be used to support the 
     development of smart grid interoperability framework and 
     standards in accordance with section 1305 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17385)''.
                                 ______
                                 
  SA 439. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 292, strike lines 4 through 12, and insert the 
     following:

     ``SEC. 3007. FEDERAL HEALTH INFORMATION TECHNOLOGY.

       ``(a) In General.--The National Coordinator shall support 
     the development and routine updating of qualified electronic 
     health record technology (as defined in section 3000) 
     consistent with subsections (b) and (c) and make available 
     such qualified electronic health record technology unless the 
     Secretary determines through an assessment that the needs and 
     demands of providers are being substantially and adequately 
     met through the marketplace.''.
                                 ______
                                 
  SA 440. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 118, line 15, strike ``, as amended'' and insert 
     ``(42 U.S.C. 9604(k)(3)), and for supplemental response 
     program grants under section 128(a) of that Act (42 U.S.C. 
     9628(a)) if the funds are used to perform cleanup work at 
     eligible brownfield sites or assessment work necessary to 
     make brownfield sites eligible for assistance under section 
     104(k) of that Act (42 U.S.C. 9604(k))''.
                                 ______
                                 
  SA 441. Mr. REID (for himself, Mr. Ensign, and Mr. Conrad) submitted 
an amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 487, beginning with line 1, strike all through page 
     488, line 22, and insert the following:

              PART IV--RULES RELATING TO DEBT INSTRUMENTS

     SEC. 1231. DEFERRAL AND RATABLE INCLUSION OF INCOME ARISING 
                   FROM INDEBTEDNESS DISCHARGED BY THE 
                   REACQUISITION OF A DEBT INSTRUMENT.

       (a) In General.--Section 108 (relating to income from 
     discharge of indebtedness) is amended by adding at the end 
     the following new subsection:
       ``(i) Deferral and Ratable Inclusion of Income Arising From 
     Indebtedness Discharged by the Reacquisition of a Debt 
     Instrument.--
       ``(1) In general.--At the election of the taxpayer, income 
     from the discharge of indebtedness in connection with the 
     reacquisition of a debt instrument after December 31, 2008, 
     and before January 1, 2011, shall be includible in gross 
     income ratably over the 5-taxable-year period beginning 
     with--
       ``(A) in the case of a reacquisition occurring in 2009, the 
     fifth taxable year following the taxable year in which the 
     reacquisition occurs, and
       ``(B) in the case of a reacquisition occurring in 2010, the 
     fourth taxable year following the taxable year in which the 
     reacquisition occurs.
       ``(2) Deferral of deduction for original issue discount in 
     debt for debt exchanges.--
       ``(A) In general.--If, as part of a reacquisition to which 
     paragraph (1) applies, any debt instrument is issued for the 
     debt instrument being reacquired (or is treated as so issued 
     under subsection (e)(4) and the regulations thereunder) and 
     there is any original issue discount determined under subpart 
     A of part V of subchapter P of this chapter with respect to 
     the debt instrument so issued--
       ``(i) except as provided in clause (ii), no deduction 
     otherwise allowable under this chapter shall be allowed to 
     the issuer of such debt instrument with respect to the 
     portion of such original issue discount which--

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

       ``(ii) the aggregate amount of deductions disallowed under 
     clause (i) shall be allowed

[[Page 3057]]

     as a deduction ratably over the 5-taxable-year period 
     described in clause (i)(I).
     If the amount of the original issue discount accruing before 
     such 1st taxable year exceeds the income from the discharge 
     of indebtedness with respect to the debt instrument being 
     reacquired, the deductions shall be disallowed in the order 
     in which the original issue discount is accrued.
       ``(B) Deemed debt for debt exchanges.--For purposes of 
     subparagraph (A), if any debt instrument is issued by an 
     issuer and the proceeds of such debt instrument are used 
     directly or indirectly by the issuer to reacquire a debt 
     instrument of the issuer, the debt instrument so issued shall 
     be treated as issued for the debt instrument being 
     reacquired. If only a portion of the proceeds from a debt 
     instrument are so used, the rules of subparagraph (A) shall 
     apply to the portion of any original issue discount on the 
     newly issued debt instrument which is equal to the portion of 
     the proceeds from such instrument used to reacquire the 
     outstanding instrument.
       ``(3) Debt instrument.--For purposes of this subsection, 
     the term `debt instrument' means a bond, debenture, note, 
     certificate, or any other instrument or contractual 
     arrangement constituting indebtedness (within the meaning of 
     section 1275(a)(1)).
       ``(4) Reacquisition.--For purposes of this subsection--
       ``(A) In general.--The term `reacquisition' means, with 
     respect to any debt instrument, any acquisition of the debt 
     instrument by--
       ``(i) the debtor which issued (or is otherwise the obligor 
     under) the debt instrument, or
       ``(ii) any person related to such debtor.

     Such term shall also include the complete forgiveness of the 
     indebtedness by the holder of the debt instrument.
       ``(B) Acquisition.--The term `acquisition' shall, with 
     respect to any debt instrument, include an acquisition of the 
     debt instrument for cash, the exchange of the debt instrument 
     for another debt instrument (including an exchange resulting 
     from a modification of the debt instrument), the exchange of 
     the debt instrument for corporate stock or a partnership 
     interest, and the contribution of the debt instrument to 
     capital.
       ``(5) Other definitions and rules.--For purposes of this 
     subsection--
       ``(A) Related person.--The determination of whether a 
     person is related to another person shall be made in the same 
     manner as under subsection (e)(4).
       ``(B) Election.--
       ``(i) In general.--An issuer of a debt instrument shall 
     make the election under this subsection with respect to any 
     debt instrument by clearly identifying such debt instrument 
     on the issuer's records as an instrument to which the 
     election applies before the close of the day on which the 
     reacquisition of the debt instrument occurs (or such other 
     time as the Secretary may prescribe). Such election, once 
     made, is irrevocable.
       ``(ii) Pass through entities.--In the case of a 
     partnership, S corporation, or other pass through entity, the 
     election under this subsection shall be made by the 
     partnership, the S corporation, or other entity involved.
       ``(C) Coordination with other exclusions.--If a taxpayer 
     elects to have this subsection apply to a debt instrument, 
     subparagraphs (A), (B), (C), (D), and (E) of subsection 
     (a)(1) shall not apply to the income from the discharge of 
     such indebtedness for the taxable year of the election or any 
     subsequent taxable year.
       ``(D) Acceleration of deferred items.--In the case of the 
     death of the taxpayer, the liquidation or sale of 
     substantially all the assets of the taxpayer (including in a 
     title 11 or similar case), the cessation of business by the 
     taxpayer, or similar circumstances, any item of income or 
     deduction which is deferred under this subsection (and has 
     not previously been taken into account) shall be taken into 
     account in the taxable year in which such event occurs (or in 
     the case of a title 11 case, the day before the petition is 
     filed).
       ``(6) Authority to prescribe regulations.--The Secretary 
     may prescribe such rules and regulations as may be necessary 
     or appropriate for purposes of applying this subsection.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to discharges in taxable years ending after 
     December 31, 2008.

     SEC. 1232. MODIFICATIONS OF RULES FOR ORIGINAL ISSUE DISCOUNT 
                   ON CERTAIN HIGH YIELD OBLIGATIONS.

       (a) Suspension of Special Rules.--Section 163(e)(5) 
     (relating to special rules for original issue discount on 
     certain high yield obligations) is amended by redesignating 
     subparagraph (F) as subparagraph (G) and by inserting after 
     subparagraph (E) the following new subparagraph:
       ``(F) Suspension of application of paragraph.--
       ``(i) Temporary suspension.--

       ``(I) In general.--This paragraph shall not apply to any 
     applicable high yield discount obligation issued after August 
     31, 2008, and before January 1, 2010. The preceding sentence 
     shall not apply to any obligation the interest on which is 
     interest described in section 871(h)(4) (without regard to 
     subparagraph (D) thereof) or to any obligation issued to a 
     related person (within the meaning of section 108(e)(4)).

       ``(ii) Secretarial authority to suspend application.--The 
     Secretary may suspend the application of this paragraph with 
     respect to debt instruments issued after December 31, 2009, 
     if the Secretary determines that such suspension is 
     appropriate in light of distressed conditions in the debt 
     capital markets.''.
       (b) Interest Rate Used in Determining High Yield 
     Obligations.--The last sentence of section 163(i)(1) is 
     amended--
       (1) by inserting ``(i)'' after ``regulation'', and
       (2) by inserting ``, or (ii) permit, on a temporary basis, 
     a rate to be used with respect to any debt instrument which 
     is higher than the applicable Federal rate if the Secretary 
     determines that such rate is appropriate in light of 
     distressed conditions in the debt capital markets'' before 
     the period at the end.
       (c) Effective Date.--
       (1) Suspension.--The amendments made by subsection (a) 
     shall apply to obligations issued after August 30, 2008, in 
     taxable years ending after such date.
       (2) Interest rate authority.--The amendments made by 
     subsection (b) shall apply to obligations issued after the 
     date of the enactment of this Act, in taxable years ending 
     after such date.
                                 ______
                                 
  SA 442. Mr. BAUCUS (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 4204A. SENSE OF THE SENATE REGARDING COMPREHENSIVE 
                   HEALTH CARE REFORM.

       It is the Sense of the Senate that--
       (1) comprehensive health care reform legislation, which 
     provides coverage to all Americans, improves the quality of 
     health care in America, and contains the costs in our health 
     care system, is the most effective way to address our Federal 
     deficits and truly secure our economic stability; and
       (2) reform of health care is an essential element of 
     economic recovery and will bring down the cost of 
     entitlements as it brings down health care costs.
                                 ______
                                 
  SA 443. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 351, between lines 17 and 18, insert the following:

     SEC. 13403. PRESERVATION OF PARENTAL RIGHTS IN CERTAIN CASES 
                   AND PROSECUTION OF PERPETRATORS OF CRIMES 
                   AGAINST CHILDREN.

       Notwithstanding any other provision of this title, in 
     applying part 164 of title 45, Code of Federal Regulations, 
     with respect to protected health information--
       (1) parents and legal guardians shall have the right to 
     access all of their unemancipated minor child's reproductive 
     health information, except in cases of child abuse, child 
     molestation, sexual abuse, and incest; and
       (2) law enforcement officials may subpoena health 
     information for State or Federal criminal investigations of 
     child abuse, child molestation, sexual abuse, rape, statutory 
     rape, and incest.
                                 ______
                                 
  SA 444. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act shall be used to support smoking cessation 
     activities, including laboratory testing and equipment.
                                 ______
                                 
  SA 445. Mr. DeMINT submitted an amendment intended to be proposed to

[[Page 3058]]

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

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

     SEC. 1607. SUPPLEMENTAL CAPITAL GRANTS FOR AMTRAK.

       None of the funds appropriated or otherwise made available 
     by this Act may be allocated to the National Railroad 
     Passenger Corporation (Amtrak).
                                 ______
                                 
  SA 446. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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


                    high-performance green buildings

       Sec. 16__.  None of the funds appropriated or otherwise 
     made available by this Act may be used to carry out any 
     measure necessary to convert a facility of the General 
     Services Administration into a high-performance green 
     building (as defined in section 401 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17061)).
                                 ______
                                 
  SA 447. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 37, strike lines 2 through 5, and insert the 
     following:
       None of the funds appropriated or otherwise made available 
     by this Act may be used for the 2010 Census.
                                 ______
                                 
  SA 448. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON USE FOR GAMING FACILITIES.

       Notwithstanding any other provision of law, none of the 
     funds made available by this Act may be used for any building 
     or other facility (including a casino) at which class I 
     gaming, class II gaming, or class III gaming (as those terms 
     are defined in section 4 of the Indian Gaming Regulatory Act 
     (25 U.S.C. 2703)) is conducted.
                                 ______
                                 
  SA 449. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III, add the following:

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 301.  Notwithstanding any other provision of this Act, 
     no provision of this Act may construed or interpreted as 
     requiring the procurement of alternative fuel vehicles by the 
     Department of Defense.
                                 ______
                                 
  SA 450. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. ___.  No funds appropriated or otherwise made 
     available by this title for the Department of Commerce may be 
     used to renovate the headquarters of the Department of 
     Commerce.
                                 ______
                                 
  SA 451. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XVI, add the following:
       Sec. ___.  No funds appropriated or otherwise made 
     available by this Act may be used to construct, maintain, or 
     renovate a swimming pool.
                                 ______
                                 
  SA 452. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 107, line 11, strike ``$572,500,000'' and insert 
     ``$485,000,000''.
       On page 107, strike line 16 and all that follows through 
     ``polar icebreakers;'' on line 19.
                                 ______
                                 
  SA 453. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act shall be used to support stem cell research, in 
     accordance with Executive Order 13435, ``Expanding Approved 
     Stem Cell Lines in Ethically Responsible Ways'' (June 22, 
     2007; 72 Fed. Reg. 34591) and the presidential policy 
     decision of August 9, 2001.
                                 ______
                                 
  SA 454. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act shall be used for the screening and prevention of 
     sexually-transmitted diseases, including HIV/AIDS.
                                 ______
                                 
  SA 455. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BAN ON EARMARKS.

       Title III of the Congressional Budget Act of 1974 (2 U.S.C. 
     631 et seq.) is amended by adding at the end thereof the 
     following:

     ``SEC. 316. BAN ON EARMARKS.

       ``(a) In General.--It shall not be in order in the House of 
     Representatives or the Senate to consider any bill, 
     resolution, amendment, or conference report that includes an 
     earmark.

[[Page 3059]]

       ``(b) Matter Stricken.--If the point of order prevails 
     under subsection (a), the earmark provision shall be stricken 
     in accordance with the procedures provided in section 313 of 
     the Congressional Budget Act of 1974.
       ``(c) Definition.--In this section, the term `earmark' 
     shall include the meaning of the term `congressionally 
     directed spending item' in paragraph 5 of rule XLIV of the 
     Standing Rules of the Senate and the term `congressional 
     earmark' in paragraph 9 of rule XXI of the Rules of the House 
     of Representatives.
       ``(d) Supermajority.--Subsection (a) may be waived only by 
     an affirmative vote of three-fifths of the Members, duly 
     chosen and sworn. An affirmative vote of three-fifths of the 
     Members of the Senate, duly chosen and sworn, shall be 
     required to sustain an appeal of the ruling of the Chair on a 
     point of order raised under subsection (a).''.
                                 ______
                                 
  SA 456. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XVI, add the following:
       Sec. ___.  No funds appropriated or otherwise made 
     available by this Act may be used--
       (1) to construct, maintain, or renovate any facility named 
     for a member or former member of Congress; or
       (2) to carry out any program named for a member or former 
     member of Congress.
                                 ______
                                 
  SA 457. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XVI, add the following:
       Sec. ___.  No funds appropriated or otherwise made 
     available by this Act may be used to construct, maintain, or 
     renovate a golf course.
                                 ______
                                 
  SA 458. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XVI, add the following:
       Sec. ___.  No funds appropriated or otherwise made 
     available by this Act may be used to construct, maintain, or 
     renovate a field used for sporting purposes.
                                 ______
                                 
  SA 459. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XVI, add the following:
       Sec. ___.  No funds appropriated or otherwise made 
     available by this Act may be used to construct, maintain, or 
     renovate an aquarium or a zoo.
                                 ______
                                 
  SA 460. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act shall be used to make grants to States 
     under section 131 of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17011) to plan, develop, and demonstrate 
     electrical infrastructure projects that encourage the use of 
     plug-in electric drive vehicles or for near-term, large-scale 
     electrification projects aimed at the transportation sector.
                                 ______
                                 
  SA 461. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON USE OF FUNDS FOR TRAILS AND OFF-ROAD 
                   VEHICLE ROUTES.

       None of the funds made available under this Act shall be 
     used for bicycle, walking, or wilderness trails or off-road 
     vehicle routes.
                                 ______
                                 
  SA 462. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:
       Sec. 1607. Acquisition of Higher Fuel Economy Motor 
     Vehicles.-- None of the funds appropriated or otherwise made 
     available by this Act may be used by the Federal Government 
     to acquire motor vehicles with higher fuel economy if the 
     savings realized from increased fuel efficiency do not exceed 
     the additional costs incurred to purchase such vehicles.
                                 ______
                                 
  SA 463. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. BAN ON EXECUTIVE IMPLEMENTATION OF EARMARKS.

       (a) Regulations.--Not later than 60 days after the date of 
     enactment of this section, the head of each Federal 
     department or agency shall promulgate regulations to--
       (1) prohibit their department or agency from making 
     decisions to commit, obligate, or expend funds for any 
     earmark this is not based on the text of laws, including in 
     any report of a committee of Congress, joint explanatory 
     statement of a committee of conference of the Congress, 
     statement of managers concerning a bill in the Congress, or 
     any other non-statutory statement or indication of views of 
     the Congress, or a House, committee, Member, officer, or 
     staff thereof; and
       (2) prohibit their staff from allowing oral or written 
     communications concerning earmarks to supersede statutory 
     criteria, competitive awards, or merit-based decision making.
       (b) Public Availability of Requests.--Not later than 15 
     days after receipt, the head of a Federal department or 
     agency shall make publicly available on the Internet any 
     written communications (or a transcription or summary of an 
     oral communication) from the Congress, or a House, committee, 
     Member, officer, or staff thereof, recommending that funds be 
     committed, obligated, or expended by the agency or department 
     on any earmark.
       (c) Definition.--In this section, the term ``earmark'' 
     shall include the meaning of the term ``congressionally 
     directed spending item'' in paragraph 5 of rule XLIV of the 
     Standing Rules of the Senate and the term ``congressional 
     earmark'' in paragraph 9 of rule XXI of the Rules of the 
     House of Representatives.
                                 ______
                                 
  SA 464. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and

[[Page 3060]]

science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 242, line 16, strike ``$100,000,000:'' and insert 
     ``$70,000,000:''.
       On page 242, between lines line 25 and 26, insert the 
     following:


   UNITED STATES MERCHANT MARINE ACADEMY CAPITAL IMPROVEMENT PROGRAM

       For an additional amount to carry out the capital 
     improvement program at the United States Merchant Marine 
     Academy, $30,000,000.
                                 ______
                                 
  SA 465. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 600, between lines 4 and 5, insert the following:

     SEC. 2105. TEMPORARY SUSPENSION OF REQUIREMENT FOR STATES TO 
                   IMPOSE MANDATORY FEE FOR SUCCESSFUL CHILD 
                   SUPPORT COLLECTION FOR FAMILY THAT HAS NEVER 
                   RECEIVED TANF.

       During the period that begins on April 1, 2009, and ends on 
     December 31, 2010, section 454(6)(B) of the Social Security 
     Act (42 U.S.C. 654(6)(B)) shall be applied without regard to 
     clause (ii) of that section. In the case of a State that has 
     been paid (including out of its own funds) all or part of the 
     annual fee imposed under that clause during the period that 
     begins on October 1, 2008, and ends on March 31, 2009, the 
     State shall not be required, as a result of the application 
     of the preceding sentence to the State, to refund any portion 
     of such annual fee so paid but the State shall cease from 
     collecting any portion of such annual fee that is unpaid as 
     of April 1, 2009.
                                 ______
                                 
  SA 466. Mrs. LINCOLN submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 453, beginning on line 12, strike through line 16 
     and insert the following:
       (c) Modifications to Biomass Credit.--
       (1) Credit allowed for electricity produced from biomass 
     for on-site use.--Subsection (e) of section 45 is amended by 
     adding at the end the following new paragraph:
       ``(12) Credit allowed for electricity produced from biomass 
     for on-site use.--In the case of electricity produced after 
     December 31, 2008, and before January 1, 2011, at any 
     facility described in paragraph (2) or (3) of subsection (d) 
     which is equipped with a metering device to determine 
     electricity consumption or sale, subsection (a)(2) shall be 
     applied without regard to subparagraph (B) thereof with 
     respect to such electricity produced and consumed at such 
     facility.''.
       (2) Credit period for certain open-loop biomass.--Clause 
     (ii) of section 45(b)(4)(B) is amended by striking ``5-year 
     period'' and inserting ``6-year period''.
       (d) Effective Date.--
       (1) In general.--The amendments made by subsections (a) and 
     (c)(2) shall apply to property placed in service after the 
     date of the enactment of this Act.
       (2) Electricity produced from biomass for on-site use.--The 
     amendment made by subsection (c)(1) shall apply to 
     electricity produced and consumed after December 31, 2008.
       (3) Technical amendment.--The amendment
                                 ______
                                 
  SA 467. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 70, lines 14 through 16, strike ``$14,398,000,000, 
     for necessary expenses, to remain available until September 
     30, 2010: Provided,'' and insert ``$15,398,000,000, for 
     necessary expenses, to remain available until September 30, 
     2010: Provided,  That $1,000,000,000 shall be used for the 
     Federal Energy Management Program for energy efficiency, 
     water conservation, and renewable energy use by Federal 
     agencies in a manner that leverages private sector financing 
     to ensure comprehensive projects and that measures and 
     verifies energy and water savings and complies with 
     paragraphs (1) through (7) of section 543(f) of the National 
     Energy Conservation Policy Act (42 U.S.C. 8253(f)): Provided 
     further,''.
                                 ______
                                 
  SA 468. Mr. WYDEN (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 1903. TREATMENT OF EXCESSIVE BONUSES BY TARP RECIPIENTS.

       (a) In General.--If, before the date of enactment of this 
     Act, the preferred stock of a financial institution was 
     purchased by the Government using funds provided under the 
     Troubled Asset Relief Program established pursuant to the 
     Emergency Economic Stabilization Act of 2008, then, 
     notwithstanding any otherwise applicable restriction on the 
     redeemability of such preferred stock, such financial 
     institution shall redeem an amount of such preferred stock 
     equal to the aggregate amount of all excessive bonuses paid 
     or payable to all covered individuals.
       (b) Timing.--Each financial institution described in 
     subsection (a) shall comply with the requirements of 
     subsection (a)--
       (1) not later than 120 days after the date of enactment of 
     this Act, with respect to excessive bonuses (or portions 
     thereof) paid before the date of enactment of this Act; and
       (2) not later than the day before an excessive bonus (or 
     portion thereof) is paid, with respect to any excessive bonus 
     (or portion thereof) paid on or after the date of enactment 
     of this Act.
       (c) Definitions.--As used in this section, the following 
     definitions shall apply:
       (1) Excessive bonus.--
       (A) In general.--The term ``excessive bonus'' means the 
     portion of the applicable bonus payments made to a covered 
     individual in excess of $100,000.
       (B) Applicable bonus payments.--
       (i) In general.--The term ``applicable bonus payment'' 
     means any bonus payment to a covered individual--

       (I) which is paid or payable by reason of services 
     performed by such individual in a taxable year of the 
     financial institution (or any member of a controlled group 
     described in subparagraph (D)) ending in 2008, and
       (II) the amount of which was first communicated to such 
     individual during the period beginning on January 1, 2008, 
     and ending January 31, 2009, or was based on a resolution of 
     the board of directors of such institution that was adopted 
     before the end of such taxable year.

       (ii) Certain payments and conditions disregarded.--In 
     determining whether a bonus payment is described in clause 
     (i)(I)--

       (I) a bonus payment that relates to services performed in 
     any taxable year before the taxable year described in such 
     clause and that is wholly or partially contingent on the 
     performance of services in the taxable year so described 
     shall be disregarded, and
       (II) any condition on a bonus payment for services 
     performed in the taxable year so described that the employee 
     perform services in taxable years after the taxable year so 
     described shall be disregarded.

       (C) Bonus payment.--The term ``bonus payment'' means any 
     payment which--
       (i) is a discretionary payment to a covered individual by a 
     financial institution (or any member of a controlled group 
     described in subparagraph (D)) for services rendered,
       (ii) is in addition to any amount payable to such 
     individual for services performed by such individual at a 
     regular hourly, daily, weekly, monthly, or similar periodic 
     rate, and
       (iii) is paid or payable in cash or other property other 
     than--

       (I) stock in such institution or member, or
       (II) an interest in a troubled asset (within the meaning of 
     the Emergency Economic Stabilization Act of 2008) held 
     directly or indirectly by such institution or member.

     Such term does not include payments to an employee as 
     commissions, welfare and fringe benefits, or expense 
     reimbursements.
       (D) Covered individual.--The term ``covered individual'' 
     means, with respect to any financial institution, any 
     director or officer or other employee of such financial 
     institution or of any member of a controlled group of 
     corporations (within the meaning of section 52(a) of the 
     Internal Revenue Code of 1986) that includes such financial 
     institution.
       (2) Financial institution.--The term ``financial 
     institution'' has the same meaning as in section 3 of the 
     Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5252).

[[Page 3061]]

       (d) Excise Tax on TARP Companies That Fail to Redeem 
     Certain Securities From United States.--
       (1) In general.--Chapter 46 of the Internal Revenue Code of 
     1986 (relating to excise tax on golden parachute payments) is 
     amended by adding at the end the following new section:

     ``SEC. 4999A. FAILURE TO REDEEM CERTAIN SECURITIES FROM 
                   UNITED STATES.

       ``(a) Imposition of Tax.--There is hereby imposed a tax on 
     any financial institution which--
       ``(1) is required to redeem an amount of its preferred 
     stock from the United States pursuant to section 1903(a) of 
     the American Recovery and Reinvestment Tax Act of 2009, and
       ``(2) fails to redeem all or any portion of such amount 
     within the period prescribed for such redemption.
       ``(b) Amount of Tax.--The amount of the tax imposed by 
     subsection (a) shall be equal to 35 percent of the amount 
     which the financial institution failed to redeem within the 
     time prescribed under 1903(b) of the American Recovery and 
     Reinvestment Tax Act of 2009.
       ``(c) Administrative Provisions.--
       ``(1) In general.--For purposes of subtitle F, any tax 
     imposed by this section shall be treated as a tax imposed by 
     subtitle A for the taxable year in which a deduction is 
     allowed for any excessive bonus with respect to which the 
     redemption described in subsection (a)(1) is required to be 
     made.
       ``(2) Extension of time.--The due date for payment of tax 
     imposed by this section shall in no event be earlier than the 
     150th day following the date of the enactment of this 
     section.''.
       (2) Conforming amendments.--
       (A) The heading for chapter 46 of such Code are amended to 
     read as follows:

         ``Chapter 46--Taxes on Certain Excessive Remuneration

``Sec. 4999. Golden parachute payments.
``Sec. 4999A. Failure to redeem certain securities from United 
              States.''.
       (B) The item relating to chapter 46 in the table of 
     chapters for subtitle D of such Code is amended to read as 
     follows:

``Chapter 46. Taxes on excessive remuneration.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to failures described in section 4999A(a)(2) of 
     the Internal Revenue Code of 1986 occurring after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 469. Mr. CRAPO submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 5006. MEDICAID REBATES FOR PHYSICIAN ADMINISTERED DRUGS.

       (a) Extension for Implementation of Requirement for 
     Hospitals to Submit Utilization Data.--Section 1927(a)(7) of 
     the Social Security Act (42 U.S.C. 1396r-8(a)(7)) is 
     amended--
       (1) in subparagraph (A), by inserting ``in non-hospital 
     settings and on or after November 1, 2009, in hospitals'' 
     after ``January 1, 2006,'';
       (2) in subparagraph (B)(ii), by inserting ``in non-hospital 
     settings and on or after November 1, 2009, in hospitals'' 
     after ``January 1, 2008,''; and
       (3) in subparagraph (C), by inserting ``(November 1, 2009, 
     in the case of hospital information),'' after ``January 1, 
     2007,''.
       (b) Proportional Rebates for Dual Eligible Claims.--Section 
     1927(a)(7) of the Social Security Act (42 U.S.C. Sec. 1396r-
     8(a)(7)) is amended by adding at the end the following new 
     subparagraph:
       ``(E) Temporary adjustment to rebate calculation for dual 
     eligible claims.--Only with respect to claims for rebates 
     submitted by States to manufacturers during the 2-year period 
     that begins on the date of enactment of this subparagraph, 
     for purposes of calculating the amount of rebate under 
     subsection (c) for a rebate period for a covered outpatient 
     drug for which payment is made under a State plan or waiver 
     under this title and under part B of title XVIII, the total 
     number of units reported by the State of each dosage form and 
     strength of each such drug paid for under the State plan or 
     waiver under this title during such rebate period is deemed 
     to be equal to the product of--
       ``(i) such total number of units of such drug for which 
     payment is made under the State plan or waiver under this 
     title and under part B of title XVIII; and
       ``(ii) the proportion (expressed as a percentage) that the 
     amount the State paid for each dosage form and strength of 
     such drug under the State plan or waiver under this title 
     during such rebate period bears to the amount that the State 
     would have paid for each dosage form and strength of such 
     drug under the State plan or waiver under this title during 
     such rebate period if the State were the sole payer for such 
     dosage form and strength of such drug.''.
                                 ______
                                 
  SA 470. Mr. SPECTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 4204A. EXCLUSION OF CUSTOMARY PROMPT PAY DISCOUNTS 
                   EXTENDED TO WHOLESALERS FROM MANUFACTURER'S 
                   AVERAGE SALES PRICE FOR PAYMENTS FOR DRUGS AND 
                   BIOLOGICALS UNDER MEDICARE PART B.

       (a) In General.--Section 1847A(c)(3) of the Social Security 
     Act (42 U.S.C. 1395w-3a(c)(3)) is amended--
       (1) in the first sentence, by inserting ``(other than 
     customary prompt pay discounts extended to wholesalers)'' 
     after ``prompt pay discounts''; and
       (2) in the second sentence, by inserting ``(other than 
     customary prompt pay discounts extended to wholesalers)'' 
     after ``other price concessions''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to drugs and biologicals furnished on or after 
     the date that is 30 days after the date of the enactment of 
     this Act.
       Beginning on page 131, strike line 12 and all that follows 
     through page 133, line 17.
                                 ______
                                 
  SA 471. Mr. DORGAN (for himself and Mr. Bennett) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 90, between lines 14 and 15, insert the following:

     SEC. 4__. EXPIRATION OF AVAILABILITY OF FUNDS.

       Unless otherwise provided in this title, each amount 
     appropriated or otherwise made available under this title 
     shall remain available until September 30, 2010.
                                 ______
                                 
  SA 472. Mr. DORGAN (for himself and Mr. Bennett) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 90, between lines 14 and 15, insert the following:

     SEC. 4__. REPORTING REQUIREMENT.

       Not later than 45 days after the date of enactment of this 
     Act and quarterly thereafter, the Secretary of the Interior 
     shall submit to the Committee on Appropriations of the House 
     of Representatives and the Committee on Appropriations of the 
     Senate a report describing, for the period covered by the 
     report, the allocation, obligation, and expenditure of the 
     amounts appropriated or otherwise made available in the 
     matter under the heading entitled ``Bureau of Reclamation'' 
     under the heading entitled ``DEPARTMENT OF THE INTERIOR'' of 
     title IV of division A.
                                 ______
                                 
  SA 473. Mr. DORGAN (for himself and Mr. Bennett) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 90, between lines 14 and 15, insert the following:

     SEC. 4__. REPORTING REQUIREMENT.

       Not later than 45 days after the date of enactment of this 
     Act and quarterly thereafter,

[[Page 3062]]

     the Secretary of the Army shall submit to the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Appropriations of the Senate a report 
     describing, for the period covered by the report, the 
     allocation, obligation, and expenditure of the amounts 
     appropriated or otherwise made available in the matter under 
     the heading entitled ``Corps of Engineers--Civil'' under the 
     heading entitled ``Department of the Army'' under the heading 
     entitled ``DEPARTMENT OF DEFENSE--CIVIL'' of title IV of 
     division A.
                                 ______
                                 
  SA 474. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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

      TITLE VI--HIGH-QUALITY HEALTH COVERAGE FOR AMERICAN CHILDREN

     SEC. 6001. SHORT TITLE; PURPOSE; REPEAL.

       (a) Short Title of Title.--This title may be cited as the 
     ``American Children's Health Coverage Act of 2009''.
       (b) Purpose.--The purpose of this title is to ensure that 
     American children have high-quality health coverage that fits 
     their individual needs.
       (c) Repeal.--Effective February 4, 2009, the Children's 
     Health Insurance Program Reauthorization Act of 2009 (Public 
     Law 111-3) is repealed.

     SEC. 6002. CONTINUATION OF SCHIP FUNDING DURING TRANSITION 
                   PERIOD.

       (a) Through Fiscal Year 2010.--Section 2104 of the Social 
     Security Act (42 U.S.C. 1397dd(a)) is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (10);
       (B) in paragraph (11)--
       (i) by striking ``each of fiscal years 2008 and 2009'' and 
     inserting ``fiscal year 2008''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(12) for fiscal year 2009, $7,780,000,000; and
       ``(13) for fiscal year 2010, $8,044,000,000.''; and
       (2) in subsection (c)(4)(B), by striking ``2009'' and 
     inserting ``2010''.
       (b) Extension of Treatment of Qualifying States.--
       (1) In general.--Section 2105(g)(1)(A) of the Social 
     Security Act (42 U.S.C. 1397ee(g)(1)(A)) is amended by 
     striking ``or 2009'' and inserting ``2009, or 2010''.
       (2) Repeal of limitation on availability of fiscal year 
     2009 allotments.--Paragraph (2) of section 201(b) of the 
     Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public 
     Law 110-173) is repealed.
       (c) Coordination of Funding for Fiscal Year 2009.--
     Notwithstanding any other provision of law, insofar as funds 
     have been appropriated under section 2104(a)(11) of the 
     Social Security Act, as amended by section 201(a) of Public 
     Law 110-173 and in effect on January 1, 2009, to provide 
     allotments to States under title XXI of the Social Security 
     Act for fiscal year 2009--
       (1) any amounts that are so appropriated that are not so 
     allotted and obligated before the date of the enactment of 
     this Act are rescinded; and
       (2) any amount provided for allotments under title XXI of 
     such Act to a State under the amendments made by this Act for 
     such fiscal year shall be reduced by the amount of such 
     appropriations so allotted and obligated before such date.

     SEC. 6003. HIGH-QUALITY HEALTH COVERAGE FOR AMERICAN 
                   CHILDREN.

       (a) Establishment.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary of Health and Human 
     Services (in this Act referred to as the ``Secretary'') shall 
     establish a program to ensure that American children have 
     high-quality health coverage that fits their individual needs 
     (in this section referred to as ``the program'').
       (b) Criteria for Eligibility.--The program shall ensure 
     that--
       (1) all children eligible for medical assistance under a 
     State Medicaid plan under title XIX of the Social Security 
     Act or child health assistance under a State child health 
     plan under title XXI of such Act (or under a waiver of either 
     such plan) and whose gross family income ((as determined 
     without regard to the application of any general exclusion or 
     disregard of a block of income that is not determined by type 
     of expense or type of income (regardless of whether such an 
     exclusion or disregard is permitted under section 1902(r) of 
     such Act)) does not exceed 300 percent of the poverty line 
     (as defined in section 2110(c)(5) of the Social Security Act) 
     are eligible for coverage under the program; and
       (2) all children who do not have health insurance coverage 
     (as defined in section 2791 of the Public Health Service Act) 
     and whose gross family income (as so determined) does not 
     exceed 300 percent of the poverty line (as so defined) are 
     eligible for coverage under the program.
       (c) Benefits.--Under the program, health insurance issuers 
     shall offer children (who are not within a category of 
     individuals described in section 1937(a)(2)(B) of the Social 
     Security Act) private health insurance coverage that--
       (1) is actuarially equivalent to the coverage requirements 
     for State child health plans specified in section 2103(a) of 
     the Social Security Act or any other health benefits coverage 
     that the Secretary determines will provide appropriate 
     coverage; and
       (2) provides for total annual aggregate cost-sharing that 
     does not exceed 5 percent of a family's income for the year 
     involved.
       (d) Reimbursements.--The Secretary shall establish an 
     annual process for awarding contracts on a competitive basis 
     to health insurance issuers to provide private health 
     insurance coverage for eligible children under the program. 
     Such process shall ensure that--
       (1) payments to such issuers shall be determined through a 
     competitive bidding process;
       (2) payments to such issuers shall be risk-adjusted;
       (3) at least 2 plan options are available for every 
     eligible child; and
       (4) with respect to each eligible child, each State 
     maintains the appropriate and equitable share of the cost of 
     providing health insurance coverage to the child under the 
     program that the State would have maintained but for the 
     establishment of the program.
       (e) Enrollment.--The Secretary shall establish a fair and 
     responsible process for the enrollment, disenrollment, 
     termination, and changes in enrollment of eligible children 
     under the program and shall conduct activities to effectively 
     disseminate information about the program and initial 
     enrollment.
       (f) Consumer Protections.--Health insurance issuers awarded 
     contracts under the program shall--
       (1) provide clear information on the coverage provided by 
     such issuers under the program;
       (2) establish meaningful procedures for hearing and 
     resolving of any grievances between such issuers and 
     enrollees that include an independent review and appeals 
     process for coverage denials;
       (3) be licensed to provide coverage in the State in which 
     coverage is offered under the program; and
       (4) provide market-based rates for provider reimbursements 
     for coverage provided under the program.
       (g) Geographical Access and Quality.--The Secretary shall 
     establish statewide plan regions or other appropriate regions 
     in order to maximize competition and patient access under the 
     program.
       (h) Option for Assistance With Employer-Sponsored 
     Insurance.--The Secretary shall establish procedures under 
     the program to provide premium assistance for children with 
     access to employer-sponsored health insurance coverage.
       (i) Financing.--
       (1) Maintenance of federal-state partnership.--The Federal 
     government and States shall maintain their appropriate and 
     equitable share of premiums for providing health insurance 
     coverage to eligible children under the program.
       (2) Additional outlays.--In the event that additional 
     outlays are required to carry out the program for any fiscal 
     year, Congress shall enact legislation to offset such outlays 
     by cutting non-priority spending, making government spending 
     more accountable and efficient, and ending wasteful 
     government spending.

     SEC. 6004. ALLOTMENT LIMITS FOR MEDICAID ADMINISTRATIVE 
                   COSTS.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
     is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``(subject, except with respect to medical 
     assistance expenditures under paragraph (1), to the allotment 
     limits under subsection (aa))'' after ``under this title''; 
     and
       (2) by adding at the end the following new subsection:
       ``(aa) State Administrative Cost Limitation.--
       ``(1) In general.--Payments to a State under paragraphs (2) 
     through (7) of subsection (a) for fiscal years beginning with 
     fiscal year 2009, shall not exceed, in the aggregate, an 
     amount equal to the State's administrative cost allotment, as 
     determined under this subsection.
       ``(2) Allotment formula.--The administrative allotment for 
     a State for fiscal years beginning with fiscal year 2009 
     shall be determined as follows:
       ``(A)(i) Fiscal year 2009.--For fiscal year 2009, the 
     administrative allotment for a State shall be an amount equal 
     to the Federal share of total allowable costs claimed by the 
     State under paragraphs (2) through (7) of subsection (a) for 
     calendar quarters in fiscal year 2007, determined as of 
     December 31, 2007, adjusted in accordance with clause (ii).
       ``(ii) Adjustment.--For purposes of clause (i), the amount 
     specified in clause (i) shall be increased by a percentage 
     equal to the sum of the percentages described in clause 
     (iii).

[[Page 3063]]

       ``(iii) Percentages described.--The percentages described 
     in this clause are, with respect to each consecutive 12-month 
     period in the 36-month period ending March 30, 2009, the 
     percentage change in the consumer price index (for all urban 
     consumers; U.S. city average).
       ``(B) Succeeding fiscal years.--For each fiscal year after 
     fiscal year 2009, the administrative allotment for a State 
     shall be the State's administrative allotment for the 
     preceding fiscal year, increased by the percentage change in 
     the consumer price index (for all urban consumers; U.S. city 
     average) for the 12-month period ending on March 30 of the 
     fiscal year.''.

     SEC. 6005. REDUCTION IN PAYMENTS FOR MEDICAID ADMINISTRATIVE 
                   COSTS TO PREVENT DUPLICATION OF SUCH PAYMENTS 
                   UNDER TANF.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
     is amended--
       (1) in subsection (a)(7), by striking ``section 
     1919(g)(3)(B)'' and inserting ``subsection (h)'';
       (2) in subsection (a)(2)(D) by inserting ``, subject to 
     subsection (g)(3)(C) of such section'' after ``as are 
     attributable to State activities under section 1919(g)''; and
       (3) by adding after subsection (g) the following new 
     subsection:
       ``(h) Reduction in Payments for Administrative Costs To 
     Prevent Duplication of Payments Under Title IV.--Beginning 
     with the calendar quarter commencing April 1, 2009, the 
     Secretary shall reduce the amount paid to each State under 
     subsection (a)(7) for each quarter by an amount equal to \1/
     4\ of the annualized amount determined for the Medicaid 
     program under section 16(k)(2)(B) of the Food Stamp Act of 
     1977 (7 U.S.C. 2025(k)(2)(B)).''.

     SEC. 6006. APPLICATION OF MEDICARE PAYMENT ADJUSTMENT FOR 
                   CERTAIN HOSPITAL-ACQUIRED CONDITIONS TO 
                   PAYMENTS FOR INPATIENT HOSPITAL SERVICES UNDER 
                   MEDICAID.

       (a) State Plan Requirement.--Section 1902(a)(13)(A)(iv) of 
     the Social Security Act (42 U.S.C. 1396a(a)(13)(A)(iv)) is 
     amended--
       (1) by striking ``rates take'' and inserting ``rates--

       ``(I) take'';

       (2) by striking the semicolon and inserting a comma; and
       (3) by adding at the end the following:

       ``(II) ensure that higher payments are not made for 
     services related to the presence of a condition that could be 
     identified by a secondary diagnostic code described in 
     section 1886(d)(4)(D);''.

       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsection (a) take effect on October 1, 
     2009.
       (2) Extension of effective date for state law amendment.--
     In the case of a State plan under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
     Health and Human Services determines requires State 
     legislation in order for the plan to meet the additional 
     requirements imposed by the amendments made by this section, 
     the State plan shall not be regarded as failing to comply 
     with the requirements of such title solely on the basis of 
     its failure to meet these additional requirements before the 
     first day of the first calendar quarter beginning after the 
     close of the first regular session of the State legislature 
     that begins after the date of enactment of this Act. For 
     purposes of the previous sentence, in the case of a State 
     that has a 2-year legislative session, each year of the 
     session is considered to be a separate regular session of the 
     State legislature.

     SEC. 6007. ELIMINATION OF WAIVER OF CERTAIN MEDICAID PROVIDER 
                   TAX PROVISIONS.

       Effective October 1, 2009, subsection (c) of section 4722 
     of the Balanced Budget Act of 1997 (Public Law 105-33; 111 
     Stat. 515) is repealed.

     SEC. 6008. ELIMINATION OF SPECIAL PAYMENTS FOR CERTAIN PUBLIC 
                   HOSPITALS.

       Effective October 1, 2009, subsection (d) of section 701 of 
     the Medicare, Medicaid, and SCHIP Benefits Improvement and 
     Protection Act of 2000, as enacted into law by section 
     1(a)(6) of Public Law 106-554 (42 U.S.C. 1396r-4 note), is 
     repealed.
                                 ______
                                 
  SA 475. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 570, between lines 8 and 9, insert the following:

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

       Paragraph (1) of section 6654(d) is amended by adding at 
     the end the following new subparagraph:
       ``(D) Special rule for 2009.--
       ``(i) In general.--Notwithstanding subparagraph (C), in the 
     case of any taxable year beginning in 2009, clause (ii) of 
     subparagraph (B) shall be applied to any qualified individual 
     by substituting `75 percent' for `100 percent'.
       ``(ii) Qualified individual.--For purposes of this 
     subparagraph, the term `qualified individual' means any 
     individual if--

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

     A certification under subclause (II) shall be in such form 
     and manner and filed at such time as the Secretary may by 
     regulations prescribe.
       ``(iii) Income from a small business.--For purposes of 
     clause (ii), income from a small business means, with respect 
     to any individual, income from a trade or business the 
     average number of employees of which was less than 500 
     employees for the calendar year ending with or within the 
     preceding taxable year of the individual.
       ``(iv) Separate returns.--In the case of a married 
     individual (within the meaning of section 7703) who files a 
     separate return for the taxable year for which the amount of 
     the installment is being determined, clause (ii)(I) shall be 
     applied by substituting `$250,000' for `$500,000'.
       ``(v) Estates and trusts.--In the case of an estate or 
     trust, adjusted gross income shall be determined as provided 
     in section 67(e).''.
                                 ______
                                 
  SA 476. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 492, line 9, strike ``10 percent (20'' and insert 
     ``20 percent (30''.
       On page 492, strike lines 16 and 17, and insert the 
     following:
       ``(2) Intermediate generation broadband credit.--The 
     intermediate generation broadband credit for any taxable year 
     is equal to 25 percent of the qualified broadband 
     expenditures incurred with respect to qualified equipment 
     providing intermediate generation broadband services to 
     qualified subscribers and taken into account with respect to 
     such taxable year.
       ``(3) Next generation broadband credit.--The next 
     generation broadband credit for any
       On page 492, line 18, strike ``20 percent'' and insert ``30 
     percent''.
       On page 493, strike lines 5 through 8, and insert the 
     following:
       ``(A) current generation broadband services are provided 
     through such equipment to qualified subscribers,
       ``(B) intermediate generation broadband services are 
     provided through such equipment to qualified subscribers, or
       ``(C) next generation broadband services
       On page 494, line 19, strike ``rural areas and the''.
       On page 497, line 4, insert ``, intermediate generation 
     broadband services,''.
       On page 497, line 19, insert ``, intermediate generation 
     broadband services,''.
       On page 498, line 6, insert ``, intermediate generation 
     broadband services,''.
       On page 499, line 1, insert ``, intermediate generation 
     broadband services,''.
       On page 499, strike lines 3 through 6, and insert the 
     following:
       ``(i) in the normal course of operations to each subscriber 
     who is utilizing such services, and
       On page 501, line 3, insert ``, intermediate generation 
     broadband services,''.
       Beginning on page 502, line 21, strike all through page 
     503, line 15, and insert the following:
       ``(15) Qualified subscriber.--The term `qualified 
     subscriber' means any residential or nonresidential 
     subscriber in an unserved area or an underserved area.
       Beginning on page 503, line 20, strike all through page 
     504, line 11, and insert the following:
       ``(17) Intermediate generation broadband service.--The term 
     `intermediate generation broadband service' means the 
     transmission of signals at a rate of at least 50,000,000 bits 
     per second to the subscriber (or its equivalent when the data 
     rate is measured before being compressed for transmission) 
     and at least 5,000,000 bits per second from the subscriber 
     (or its equivalent as so measured).
       (18) Satellite carrier.--The term `satellite carrier' means 
     any person using the facilities
       Beginning on page 504, line 22, strike all through page 
     505, line 20, and insert the following:
       (19) Subscriber.--The term `subscriber' means any person 
     who purchases current generation broadband services, 
     intermediate generation broadband services, or next 
     generation broadband services.
       (20) Telecommunications carrier.--The

[[Page 3064]]

       On page 506, line 6, strike ``(23)'' and insert ``(21)''.
       Beginning on page 506, line 14, strike all through page 
     507, line 1, and insert the following:
       (22) Underserved area.--The term `underserved area' means 
     an area not served by at least one wireline broadband service 
     provider offering current generation broadband service.
       (23) Underserved subscriber.--The term
       On page 507, strike lines 7 through 12, and insert the 
     following:
       (24) Unserved area.--The term `unserved area' means an area 
     not served by any wireline broadband service provider.
       (25) Unserved subscriber.--The term
       On page 509, lines 7 and 8, strike ``Tracts.--'' and all 
     that follows through ``The Secretary'' and insert ``Tracts.--
     The Secretary''.
       On page 509, line 12, strike ``(17), (23), (24), and (26)'' 
     and insert ``(21), (22), and (24)''.
       Beginning on page 507, line 18, strike all through page 
     510, line 25.
                                 ______
                                 
  SA 477. Ms. SNOWE (for herself, Mr. Grassley, and Mr. Enzi) submitted 
an amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 51, strike lines 3 through 11, and insert the 
     following:
       (A) be one of the following--
       (i) a State or political subdivision thereof;
       (ii) a nonprofit foundation, corporation, institution, or 
     association;
       (iii) a provider of broadband service, including wireless 
     and satellite broadband service;
       (iv) an Indian tribe or Native Hawaiian organization; or
       (v) other non-governmental entity in partnership with a 
     State or political subdivision thereof, Indian tribe or 
     Native Hawaiian organization but only if the Assistant 
     Secretary determines that the partnership is consistent with 
     the purposes of this section;

       On page 54, line 22, strike ``and''.

       On page 55, line 8, strike ``program.'' and insert 
     ``program; and
       (F) shall seek to promote economic opportunity, avoid 
     excessive concentration of service, and disseminate grants 
     among a wide variety of applicants, including small 
     businesses and rural telephone companies, Indian Tribes, 
     Hawaiian Native Organizations, and socially and economically 
     disadvantaged business concerns (as defined under section 
     8(a) of the Small Business Act (15 U.S.C. 637)).
                                 ______
                                 
  SA 478. Mr. SPECTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 118, line 4, strike ``$6,400,000,000'' and all that 
     follows through ``Provided,'' on line 18 and insert 
     ``$7,300,000,000, to remain available until September 30, 
     2010, of which $4,000,000,000 shall be for making 
     capitalization grants for the Clean Water State Revolving 
     Funds under title VI of the Federal Water Pollution Control 
     Act (33 U.S.C. 1381 et seq.); of which $2,000,000,000 shall 
     be for making capitalization grants for the Drinking Water 
     State Revolving Fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12); of which $1,000,000,000 shall 
     be available for brownfield remediation grants pursuant to 
     section 104(k)(3) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(k)(3)); and of which $300,000,000 shall be for grants 
     under subtitle G of title VII of the Energy Policy Act of 
     2005 (42 U.S.C. 16131 et seq.): Provided,''.

       On page 252, between lines 21 and 22, insert the following:

              brownfields economic development initiative

       For competitive economic development grants, as authorized 
     by section 108(q) of the Housing and Community Development 
     Act of 1974, for Brownfields redevelopment projects, 
     $1,000,000,000, to remain available until September 30, 2010: 
     Provided, That notwithstanding any other provision of law or 
     other limitation under such section, that the maximum 
     allowable grant awarded to an eligible public entity may not 
     exceed $100,000,000.

                    urban development action grants

       For urban development action grants, as authorized by 
     section 118 of the Housing and Community Development Act of 
     1974, $1,000,000,000, to remain available until September 30, 
     2010.
                                 ______
                                 
  SA 479. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ENHANCED CONGRESSIONAL OVERSIGHT.

       (a) Plan.--Not later than 30 days after the date of 
     enactment of this Act, each authorizing committee of the 
     Senate with jurisdiction over spending included in this Act 
     shall prepare and publicly post on their website a plan 
     detailing--
       (1) spending or programmatic language contained in this Act 
     which falls under their jurisdiction; and
       (2) plans for oversight of spending under the jurisdiction 
     of the committee, including congressional hearings.
       (b) Implementation Reports.--Not later than 6 months and 1 
     year after the date of enactment of his Act, each committee 
     described in subsection (a) shall prepare and post on their 
     website a progress report towards fulfilling components of 
     their oversight plan required by subsection (a) as well as 
     any modifications to that plan.
       (c) Joint Economic Committee.--Each Federal department or 
     agency that receives and administers funding under this Act 
     shall provide information and data on their implementation of 
     this Act to the Committee on Joint Economics.
                                 ______
                                 
  SA 480. Mr. BINGAMAN (for himself, Mrs. Boxer, Mr. Wyden, Mr. Kerry, 
Mr. Tester, Ms. Stabenow, Mr. Udall of New Mexico, Mr. Baucus, Mr. 
Leahy, Mrs. Murray, Mr. Schumer, Mr. Merkley, Ms. Cantwell, Mr. Udall 
of Colorado, and Mr. Levin) submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 122, after line 23, add the following:
       Sec. 70_. (a) In addition to amounts made available by this 
     title, there shall be made available--
       (1) for ``Operation of the National Park System'', 
     $142,000,000;
       (2) for ``National Park Service Construction'', 
     $811,000,000;
       (3) for ``Historic Preservation Fund'', $45,000,000;
       (4) for ``Land Acquisition and State Assistance'', 
     $100,000,000 to be derived from 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) to 
     provide financial assistance to States in accordance with 
     section 6 of that Act (16 U.S.C. 460l-8), subject to 
     subsection (b);
       (5) for ``United States Fish and Wildlife Service Resource 
     Management'', $110,000,000;
       (6) for ``United States Fish and Wildlife Service 
     Construction'', $15,000,000;
       (7) for ``State and Tribal Wildlife Grants'', $50,000,000 
     for wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally recognized Indian tribes under the Fish and 
     Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and the Fish 
     and Wildlife Coordination Act (16 U.S.C. 661 et seq.) for the 
     development and implementation of programs for the benefit of 
     wildlife and wildlife habitat, including species that are not 
     hunted or fished;
       (8) for ``Bureau of Land Management Management of Lands and 
     Resources'', $350,000,000;
       (9) for ``Bureau of Land Management Wildland Fire 
     Management'', $20,000,000;
       (10) for ``Forest Service Capital Improvement and 
     Maintenance'', $50,000,000;
       (11) for ``Forest Service Wildland Fire Management'', 
     $850,000,000, of which $250,000,000 shall be available for 
     work on State and private land; and
       (12) for ``Bureau of Indian Affairs Operations'', 
     $15,000,000.
       (b) Amounts made available under subsection (a)(4) shall 
     not be used for land acquisition.
       (c) Amounts made available under subsection (a) shall 
     remain available until September 30, 2010.

[[Page 3065]]

       (d) Amounts made available by this title for ``Forest 
     Service Capital Improvement and Maintenance'' may be--
       (1) used for reconstruction, improvement, decommissioning, 
     and maintenance of roads, trails, bridges, and dams; and
       (2) transferred to the ``National Forest System'' account 
     and other appropriate accounts of the Forest Service.
       (e) Amounts made available by this title for ``Forest 
     Service Wildland Fire Management'' may be--
       (1) used for forest, rangeland, and watershed 
     rehabilitation and restoration activities; and
       (2) transferred to the ``National Forest System'' account, 
     the ``State and Private Forestry'' account, and other 
     appropriate accounts of the Forest Service.
                                 ______
                                 
  SA 481. Mrs. McCASKILL (for herself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 422, strike lines 4 through 14, and insert the 
     following:
       (4) The website shall include a link to the website 
     established and maintained by the Office of Management and 
     Budget under section 1551.
       On page 422, line 15, strike ``(6)'' and insert ``(5)''.
       On page 422, line 18, strike ``(7)'' and insert ``(6)''.
       On page 428, between lines 11 and 12, insert the following:

     Subtitle D--Recovery, Accountability, and Transparency Website

     SEC. 1551. ESTABLISHMENT OF THE RECOVERY, ACCOUNTABILITY, AND 
                   TRANSPARENCY WEBSITE.

       (a) In General.--The Director of the Office of Management 
     and Budget shall establish and maintain the Recovery, 
     Accountability, and Transparency Website to foster greater 
     accountability and transparency in the use of covered funds.
       (b) Date of Establishment.--The Director shall establish 
     the website required under this section not later than 30 
     days after the date of enactment of this Act.

     SEC. 1552. WEBSITE.

       (a) Purpose.--The website established and maintained under 
     section 1551 shall be a publicly available portal or gateway 
     to provide the public full transparency and accountability of 
     covered funds with timely availability of information and 
     accounting of covered funds expended at the Federal, State, 
     and local level.
       (b) Content and Function.--In establishing the website 
     established and maintained under section 1551, the Director 
     of the Office of Management and Budget shall ensure the 
     following:
       (1) The website shall include information on relevant, 
     economic, financial, grant, and contract information in user-
     friendly visual presentations.
       (2) At a minimum, the website shall include detailed 
     information on government contracts and grants, including 
     Federal, State, and local contracts and grants and any 
     subsequent subcontracts, including those made by 1 private 
     entity to another, that expend covered funds to include--
       (A) information about the competitiveness of the 
     contracting process;
       (B) notification of solicitations for contracts to be 
     awarded;
       (C) information about the process that was used for the 
     award of contracts;
       (D) information about the recipient of the contract to 
     include the scope and statement of work under the contract;
       (E) the dollar value of the contract;
       (F) an estimate of the jobs sustained or created through 
     execution of the contract including an explanation of the 
     estimate;
       (G) an estimate of the start date for any project using 
     covered funds and a corresponding end date for the project;
       (H) information confirming the certification required under 
     section 1605 for the receipt of any covered funds; and
       (I) any other information as the Director determines 
     necessary.
       (3) The website shall be fully available to the public.
       (4) Information included on the website shall be available 
     in printable formats, to include information on covered funds 
     obligated in each State and each congressional district.
       (5) The website shall provide the information required 
     under paragraph (2) not later than 30 days after the 
     obligation or award of funds.
       (6) The website shall be searchable by project type, 
     geographic region, level of government executions and as 
     otherwise determined necessary by the Director.
       (7) The website shall include appropriate links to other 
     Government websites with information concerning covered funds 
     including, at a minimum, the Board website established under 
     section 1519.
       (c) Compliance.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, as a condition of receipt of funds 
     under this Act, each agency shall require any recipient of 
     such funds, whether from a Federal, State, or local contract 
     or grant or otherwise, to provide the information required 
     under subsection (b)(2).
       (2) Information provided by recipients.--All information 
     required to be made by recipients of covered funds under 
     paragraph (1) shall be--
       (A) provided not later than 30 days after the receipt of 
     such funds; and
       (B) updated not later than 30 days after any material 
     changes in the execution of such funds.
       (3) User-friendly means for compliance.--In coordination 
     with agencies and State and local governments, the Director 
     of the Office of Management and Budget shall provide for 
     user-friendly means for recipients of covered funds to meet 
     the requirements of this subsection.
       (d) Waiver.--The Director of the Office of Management and 
     Budget may exclude posting contractual or other information 
     on the website on a case-by-case basis when necessary to 
     protect national security.
                                 ______
                                 
  SA 482. Mr. BENNETT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 77, at the end of line 14, insert the following:
       Provided further, That any fee imposed on an applicant in 
     excess of the actual administrative costs to the Department 
     in processing a loan guarantee application shall be 
     refundable to the applicant if there is no financial close on 
     that application.
                                 ______
                                 
  SA 483. Mr. BENNETT submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 85, line 25, insert ``and demand responsive 
     equipment and'' after ``grid''.
                                 ______
                                 
  SA 484. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 451, line 15, strike all through page 
     452, line 18, and insert the following:

     SEC. 1203. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR 
                   NONREFUNDABLE PERSONAL CREDITS.

       (a) In General.--Paragraph (2) of section 26(a) (relating 
     to special rule for taxable years 2000 through 2008) is 
     amended--
       (1) by striking ``or 2008'' and inserting ``2008, 2009, or 
     2010'', and
       (2) by striking ``2008'' in the heading thereof and 
     inserting ``2010''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 1204. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX 
                   EXEMPTION AMOUNT.

       (a) In General.--Paragraph (1) of section 55(d) (relating 
     to exemption amount) is amended--
       (1) by striking ``($69,950 in the case of taxable years 
     beginning in 2008)'' in subparagraph (A) and inserting 
     ``($70,950 in the case of taxable years beginning in 2009 and 
     $72,550 in the case of taxable years beginning in 2010)'', 
     and
       (2) by striking ``($46,200 in the case of taxable years 
     beginning in 2008)'' in subparagraph (B) and inserting 
     ``($46,700 in the case of taxable years beginning in 2009 and 
     $47,500 in the case of taxable years beginning in 2010)''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

[[Page 3066]]


                                 ______
                                 
  SA 485. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 457, between lines 16 and 17, insert the following:
       (b) Clarification With Respect to Green Community 
     Programs.--Clause (ii) of section 54D(f)(1)(A) is amended by 
     inserting ``(including the use of loans, grants, or other 
     repayment mechanisms to implement such programs)'' after 
     ``green community programs''.
                                 ______
                                 
  SA 486. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1, beginning with line 6, strike all through page 
     735, line 7, and insert the following:

     SEC. 2. REBATE TO ALL AMERICANS WITH TAX LIABILITY.

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

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

       ``(a) In General.--In the case of an eligible individual 
     who has net income tax liability for the taxpayer's first 
     taxable year beginning in 2007, there shall be allowed a 
     credit against the tax imposed by subtitle A for the 
     taxpayer's first taxable year beginning in 2009 an amount 
     equal to the lesser of--
       ``(1) the taxpayer's net income tax liability for the 
     taxpayer's first taxable year beginning in 2007, or
       ``(2) $4,730 ($9,460 in the case of a joint return) .
       ``(b) Treatment of Credit.--The credit allowed by 
     subsection (a) shall be treated as allowed by subpart C of 
     part IV of subchapter A of chapter 1.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Net income tax liability.--The term `net income tax 
     liability' means the excess of--
       ``(A) the sum of the taxpayer's regular tax liability 
     (within the meaning of section 26(b)) and the tax imposed by 
     section 55 for the taxable year, over
       ``(B) the credits allowed by part IV (other than section 24 
     and subpart C thereof) of subchapter A of chapter 1.
       ``(2) Eligible individual.--The term `eligible individual' 
     means any individual other than--
       ``(A) any nonresident alien individual,
       ``(B) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for a taxable 
     year beginning in the calendar year in which the individual's 
     taxable year begins, and
       ``(C) an estate or trust.
       ``(d) Coordination With Advance Refunds of Credit.--
       ``(1) In general.--The amount of credit which would (but 
     for this paragraph) be allowable under this section shall be 
     reduced (but not below zero) by the aggregate refunds and 
     credits made or allowed to the taxpayer under subsection (e). 
     Any failure to so reduce the credit shall be treated as 
     arising out of a mathematical or clerical error and assessed 
     according to section 6213(b)(1).
       ``(2) Joint returns.--In the case of a refund or credit 
     made or allowed under subsection (e) with respect to a joint 
     return, half of such refund or credit shall be treated as 
     having been made or allowed to each individual filing such 
     return.
       ``(e) Advance Refunds and Credits.--
       ``(1) In general.--Each individual who was an eligible 
     individual for such individual's first taxable year beginning 
     in 2007, and who had a net income tax liability for such 
     first taxable year, shall be treated as having made a payment 
     against the tax imposed by chapter 1 for such first taxable 
     year in an amount equal to the advance refund amount for such 
     taxable year.
       ``(2) Advance refund amount.--For purposes of paragraph 
     (1), the advance refund amount is the amount that would have 
     been allowed as a credit under this section for such first 
     taxable year if this section (other than this subsection) had 
     applied to such taxable year.
       ``(3) Timing of payments.--The Secretary shall, subject to 
     the provisions of this title, refund or credit any 
     overpayment attributable to this section as rapidly as 
     possible. No refund or credit shall be made or allowed under 
     this subsection after December 31, 2009.
       ``(4) No interest.--No interest shall be allowed on any 
     overpayment attributable to this section.
       ``(f) Identification Number Requirement.--
       ``(1) In general.--No credit shall be allowed under 
     subsection (a) to an eligible individual who does not include 
     on the return of tax for the taxable year--
       ``(A) such individual's valid identification number, and
       ``(B) in the case of a joint return, the valid 
     identification number of such individual's spouse.
       ``(2) Valid identification number.--For purposes of 
     paragraph (1), the term `valid identification number' means a 
     social security number issued to an individual by the Social 
     Security Administration. Such term shall not include a TIN 
     issued by the Internal Revenue Service.
       ``(3) Special rule for members of the armed forces.--
     Paragraph (1) shall not apply to a joint return where at 
     least 1 spouse was a member of the Armed Forces of the United 
     States at any time during the taxable year.''.
       (b)  Treatment of Possessions.--
       (1) Payments to possessions.--
       (A) Mirror code possession.--The Secretary of the Treasury 
     shall pay to each possession of the United States with a 
     mirror code tax system amounts equal to the loss to that 
     possession by reason of the amendments made by this section. 
     Such amounts shall be determined by the Secretary of the 
     Treasury based on information provided by the government of 
     the respective possession.
       (B) Other possessions.--The Secretary of the Treasury shall 
     pay to each possession of the United States which does not 
     have a mirror code tax system amounts estimated by the 
     Secretary of the Treasury as being equal to the aggregate 
     benefits that would have been provided to residents of such 
     possession by reason of the amendments made by this section 
     if a mirror code tax system had been in effect in such 
     possession. The preceding sentence shall not apply with 
     respect to any possession of the United States unless such 
     possession has a plan, which has been approved by the 
     Secretary of the Treasury, under which such possession will 
     promptly distribute such payments to the residents of such 
     possession.
       (2) Coordination with credit allowed against united states 
     income taxes.--No credit shall be allowed against United 
     States income taxes for any taxable year under section 6429 
     of the Internal Revenue Code of 1986 (as amended by this 
     section) to any person--
       (A) to whom a credit is allowed against taxes imposed by 
     the possession by reason of the amendments made by this 
     section for such taxable year, or
       (B) who is eligible for a payment under a plan described in 
     paragraph (1)(B) with respect to such taxable year.
       (3) Definitions and special rules.--
       (A) Possession of the united states.--For purposes of this 
     subsection, the term ``possession of the United States'' 
     includes the Commonwealth of Puerto Rico and the Commonwealth 
     of the Northern Mariana Islands.
       (B) Mirror code tax system.--For purposes of this 
     subsection, the term ``mirror code tax system'' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (C) Treatment of payments.--For purposes of section 
     1324(b)(2) of title 31, United States Code, the payments 
     under this subsection shall be treated in the same manner as 
     a refund due from the credit allowed under section 36A of the 
     Internal Revenue Code of 1986 (as added by this section).
       (c) Refunds Disregarded in the Administration of Federal 
     Programs and Federally Assisted Programs.--Any credit or 
     refund allowed or made to any individual by reason of section 
     6429 of the Internal Revenue Code of 1986 (as amended by this 
     section) or by reason of subsection (b) of this section shall 
     not be taken into account as income and shall not be taken 
     into account as resources for the month of receipt and the 
     following 2 months, for purposes of determining the 
     eligibility of such individual or any other individual for 
     benefits or assistance, or the amount or extent of benefits 
     or assistance, under any Federal program or under any State 
     or local program financed in whole or in part with Federal 
     funds.
       (d) Authority Relating to Clerical Errors.--Section 
     6213(g)(2)(L) is amended by striking ``or 6428'' and 
     inserting ``6428, or 6429''.
       (e) Conforming Amendments.--
       (1) Section 6211(b)(4)(A) is amended by striking ``and 
     6428'' and inserting ``6428, and 6429''.
       (2) Section 1324(b)(2) of title 31, United States Code, is 
     amended by striking ``or 6428'' and inserting ``6428, or 
     6429''.
       (3) The table of sections for subchapter B of chapter 65 is 
     amended by striking the item relating to section 6429 and 
     inserting the following new item:

``Sec. 6429. 2009 recovery rebates for individuals.''.
       (f) Effective Date.--This section, and the amendments made 
     by this section, shall

[[Page 3067]]

     apply to taxable years beginning after December 31, 2008.
                                 ______
                                 
  SA 487. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 360, line 6, add after the period the following: 
     ``In promulgating such regulations, the Secretary may not 
     eliminate from the definition of health care operations 
     activities that are conducted for the purpose of training 
     health care professionals.''.
                                 ______
                                 
  SA 488. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 360, line 6, add after the period the following: 
     ``In promulgating such regulations, the Secretary may not 
     eliminate from the definition of health care operations 
     activities that are conducted for the purpose of medical 
     research or disease surveillance.''.
                                 ______
                                 
  SA 489. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 394, strike lines 16 through 18 and insert the 
     following:
     ices, which may include--
       (1) assistance for elementary and secondary education and 
     public institutions of higher education; and
       (2) critical water resource, flood protection, 
     environmental restoration, and infrastructure programs, 
     projects, and activities, which may be used to satisfy a non-
     Federal matching requirement for any other Federal program, 
     project, or activity.
                                 ______
                                 
  SA 490. Mr. FEINGOLD (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 457, between lines 16 and 17, insert the following:
       (b) Clarification With Respect to Green Community 
     Programs.--Clause (ii) of section 54D(f)(1)(A) is amended by 
     inserting ``(including the use of loans, grants, or other 
     repayment mechanisms to implement such programs)'' after 
     ``green community programs''.
                                 ______
                                 
  SA 491. Mr. WHITEHOUSE submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of division B, add the following:

         TITLE VI--TEMPORARY ECONOMIC RECOVERY ADJUSTMENT PANEL

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Economic Recovery 
     Adjustment Act of 2009''.

     SEC. 6002. FINDINGS.

       Congress finds that--
       (1) the deterioration of financial firms in 2008 and the 
     resulting crisis of confidence in the financial markets have 
     required broad intervention by the Federal Government in the 
     financial sector;
       (2) the Emergency Economic Stabilization Act of 2008, 
     signed by President Bush on October 3, 2008, included a 
     $700,000,000,000 Troubled Asset Relief Program (or ``TARP'') 
     for the express purpose of ``providing stability to and 
     preventing disruption in the economy and financial system'';
       (3) the investment and commercial banks and other financial 
     institutions that have received taxpayer-funded bailouts 
     perform public functions supporting the operation of the 
     economy, in addition to their private profit-making 
     functions;
       (4) reports of billions of dollars in obligations to 
     executives have eroded public confidence in the TARP, and 
     have caused increasing opposition to other bailout proposals, 
     thereby impeding the Government's ability to address the 
     financial crisis;
       (5) participation in the TARP and any other Federal 
     Government bailout program should be conditioned on a fair 
     restructuring of executive compensation obligations;
       (6) taxpayer dollars should not unreasonably compensate 
     executives, particularly when in the absence of such relief, 
     such compensation would be reduced as part of a bankruptcy 
     restructuring or liquidation; and
       (7) establishing a due process forum will allow the 
     Government to ensure that executive compensation relying on 
     taxpayer funds is fair and reasonable.

     SEC. 6003. DEFINITIONS.

       In this title, the following definitions shall apply:
       (1) Assisted entity.--The term ``assisted entity'' means 
     any recipient or applicant for assistance under the TARP.
       (2) Panel.--The term ``Panel'' means the Temporary Economic 
     Recovery Oversight Panel established under section 6007.
       (3) Executive compensation.--The term ``executive 
     compensation'' means wages, salary, deferred compensation, 
     benefits, retirement arrangements, options, bonuses, office 
     fixtures, goods, or other property, travel, or entertainment, 
     vacation expenses, and any other form of compensation, 
     obligation, or expense that is not routinely provided to all 
     other employees of the assisted entity.
       (4) Office.--The term ``Office'' means the Office of the 
     Taxpayer Compensation Advocate established under section 4.
       (5) TARP.--The terms ``TARP'' and ``TARP funds'' mean the 
     Troubled Asset Relief Program established under section 101 
     of the Emergency Economic Stabilization Act of 2008 and funds 
     received thereunder, respectively, or pursuant to any 
     successor program.
       (6) Secretary.--The term ``Secretary'' means Secretary of 
     the Treasury.

     SEC. 6004. TAXPAYER COMPENSATION ADVOCATE.

       (a) Establishment.--There is established within the 
     Department of Justice, the Office of the Taxpayer Advocate.
       (b) Advocate.--The Office shall be headed by an Advocate, 
     to be appointed by the Attorney General of the United States 
     for such purpose.
       (c) Duties.--The Advocate is authorized to conduct ongoing 
     audits and oversight of the recipients of TARP funds with 
     respect to compensation of the officers and directors of such 
     entities.
       (d) Access to Records.--
       (1) In general.--To the extent otherwise consistent with 
     law, the Advocate and the Office shall have access, upon 
     request, to any information, data, schedules, books, 
     accounts, financial records, reports, files, electronic 
     communications, or other papers, things, or property 
     belonging to or in use by the assisted entity and to the 
     officers, directors, employees, independent public 
     accountants, financial advisors, and other agents and 
     representatives thereof (as related to the agent or 
     representative's activities on behalf of or under the 
     authority of the assisted entity) at such reasonable time as 
     Office may request.
       (2) Copies.--The Advocate may make and retain copies of 
     such books, accounts, and other records as the Advocate deems 
     appropriate for the purposes of this title.
       (e) Reporting.--The Advocate shall submit quarterly reports 
     of findings under this title to the appropriate committees of 
     Congress, the Secretary and the Special Inspector General for 
     the TARP established under the Emergency Economic 
     Stabilization Act of 2008 on the activities and performance 
     of the Office.
       (f) Audits.--The Office is authorized to conduct an audit 
     of any assisted entity for purposes of this title.

     SEC. 6005. POWERS OF THE OFFICE.

       (a) Investigations and Evidence.--The Office may, for 
     purposes of carrying out this title--
       (1) take depositions or other testimony, receive evidence, 
     and administer oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of witnesses and the production of books, records, 
     correspondence, memoranda, papers, and documents.
       (b) Subpoenas.--
       (1) Service.--Subpoenas issued under subsection (a)(2) may 
     be served by any person designated by the Office.
       (2) Enforcement.--
       (A) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a)(2), the United 
     States district

[[Page 3068]]

     court for the judicial district in which the subpoenaed 
     person resides, is served, or may be found, or where the 
     subpoena is returnable, may issue an order requiring such 
     person to appear at any designated place to testify or to 
     produce documentary or other evidence. Any failure to obey 
     the order of the court may be punished by the court as a 
     contempt of that court.
       (B) Additional enforcement.--Sections 102 through 104 of 
     the Revised Statutes of the United States (2 U.S.C. 192 
     through 194) shall apply in the case of any failure of any 
     witness to comply with any subpoena or to testify when 
     summoned under the authority of this section.
       (c) Information From Federal Agencies.--The Office may 
     secure directly from any department, agency, or 
     instrumentality of the United States any information related 
     to any inquiry of the Office conducted under this title. Each 
     such department, agency, or instrumentality shall, to the 
     extent authorized by law, furnish such information directly 
     to the Office, upon request.

     SEC. 6006. EXECUTIVE COMPENSATION AUTHORITY.

       (a) Negotiated Reductions Authorized.--The Advocate is 
     authorized to assist the Secretary in the negotiation of 
     assistance under the TARP, in order to assure that fair and 
     reasonable executive compensation is paid by entities 
     receiving TARP funds, and to defend any such agreements in 
     the event of any challenge to the adjustments to compensation 
     obligations. If, after an audit authorized by this title, the 
     Advocate finds reason to believe that any assisted entity 
     would have been forced to file for bankruptcy protection 
     under title 11, United States Code, if not for the receipt of 
     assistance under the TARP, the Advocate shall negotiate a 
     reduction in the executive compensation obligations of the 
     assisted entity as a condition of the continuing use or 
     future receipt of such TARP assistance.
       (b) Form.--Negotiated reductions in compensation under 
     subsection (a)--
       (1) may include vested deferred compensation; and
       (2) shall be in an amount that is fair and reasonable in 
     light of the taxpayers' assistance, but not less than the 
     estimated value of the compensation obligations that would 
     face the estate or debtor-in-possession if the TARP funds had 
     not been granted and the entity had filed for bankruptcy 
     protection.
       (c) Certification to Adjustment Panel.--The Advocate shall 
     certify the findings of the Office under this section to the 
     Panel.

     SEC. 6007. AUTHORITY OF THE SECRETARY.

       Until the Advocate is appointed, the Secretary, in the 
     negotiation of assistance under the TARP, is authorized and 
     directed to assure that executive compensation is fair and 
     reasonable. In the event of a dispute as to whether such 
     compensation is fair and reasonable, the Secretary is 
     authorized to negotiate assistance with its executive 
     compensation recommendations subject to the ruling of the 
     Panel. If the Secretary recommends adjustments to the 
     existing obligations (such as deferred compensation or 
     retirement plan obligations), such recommendations shall be 
     subject to the approval of the Panel, with any affected 
     individuals having a right to intervene and be heard. The 
     determination of what is fair and reasonable shall be made in 
     light of the taxpayers' assistance to the company, the risk 
     of bankruptcy and loss of such benefits and obligations, and 
     the need for adequate compensation to attract competent 
     management.

     SEC. 6008. TEMPORARY ECONOMIC RECOVERY OVERSIGHT PANEL.

       (a) Establishment.--There is established the Temporary 
     Economic Recovery Oversight Panel.
       (b) Makeup of Panel.--The Panel shall be comprised of 5 
     members, appointed by the President for such purpose from 
     among United States bankruptcy court judges. The Secretary 
     shall provide for appropriate space and staff to support the 
     functioning of the Panel.
       (c) Duties.--The Panel shall--
       (1) promptly evaluate each proposed settlement reached 
     under section 6;
       (2) approve or deny such proposed settlement; and
       (3) if no settlement is reached under section 6, upon 
     petition of the Advocate or any individual subject to the 
     actions of the Advocate under section 6, issue an order 
     establishing an executive compensation program for such 
     individuals in accordance with this section.
       (d) Notice and Hearing Required.--The Advocate shall 
     provide adequate notice to all affected persons of its 
     intention to seek an order from the Panel in accordance with 
     this section, and the Panel shall hold an evidentiary hearing 
     on any proposed settlement or petition of the Advocate.
       (e) Standing.--Under any proceeding before the Panel, any 
     individual whose compensation might be adversely affected by 
     Panel action shall be a party in interest, having full 
     procedural rights, including the right to challenge a 
     settlement between the assisted entity and the Advocate, to 
     challenge the certified findings of the Advocate, or to 
     appeal any order of the Panel.
       (f) Appeals.--The Advocate and any party having standing 
     before the Panel shall have the right to appeal an order 
     under this title directly to the United States Court of 
     Appeals for the District of Columbia Circuit.
       (g) Effective Period.--Any order of the Panel setting forth 
     a reduction in compensation shall be effective 6 months after 
     confirmation, and shall remain in effect while any obligation 
     arising from assistance provided under the TARP remains 
     outstanding.
                                 ______
                                 
  SA 492. Mr. JOHNSON submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INDIAN SCHOOL CONSTRUCTION.

       (a) Short Title.--This section may be cited as the ``Indian 
     School Construction Act''.
       (b) Definitions.--In this section:
       (1) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (2) Escrow account.--The term ``escrow account'' means the 
     Tribal School Modernization Escrow Account established under 
     subsection (c)(6)(B)(i)(I).
       (3) Indian.--The term ``Indian'' means any individual who 
     is a member of an Indian tribe.
       (4) Indian tribe.--
       (A) In general.--The term ``Indian tribe'' has the meaning 
     given the term ``Indian tribal government'' in section 
     7701(a)(40) of the Internal Revenue Code of 1986 (as modified 
     by section 7871(d) of that Code).
       (B) Inclusion.--The term ``Indian tribe'' includes any 
     consortium of Indian tribes approved by the Secretary.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Tribal school.--The term ``tribal school'' means an 
     elementary school, secondary school, or dormitory that--
       (A) is operated by a tribal organization or the Bureau for 
     the education of Indian children; and
       (B) receives financial assistance for the operation of the 
     school or dormitory under an appropriation for the Bureau 
     under a contract, grant, or agreement, or for a Bureau-
     operated school, under--
       (i) section 102, 103(a), or 208 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450f, 
     450h(a), and 458d); or
       (ii) the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
     2501 et seq.).
       (c) Issuance of Bonds.--
       (1) In general.--The Secretary shall establish a pilot 
     program under which the Secretary shall provide to eligible 
     Indian tribes the authority to issue qualified tribal school 
     modernization bonds to provide funds for the construction, 
     rehabilitation, and repair of tribal schools, including 
     advance planning and design of tribal schools.
       (2) Eligibility.--
       (A) In general.--To be eligible to issue a qualified tribal 
     school modernization bond under the program under paragraph 
     (1), an Indian tribe shall--
       (i) prepare and submit to the Secretary a plan of 
     construction that meets the requirements of subparagraph (B);
       (ii) provide for quarterly and final inspection by the 
     Bureau of each project to be funded by the bond; and
       (iii) ensure that the facilities to be funded by the bond 
     will be used primarily for elementary and secondary 
     educational purposes for the period during which the bond 
     remains outstanding.
       (B) Plan of construction.--The requirements referred to in 
     subparagraph (A)(i) are that the plan shall--
       (i) contain a description of the construction to be carried 
     out using funds provided under a qualified tribal school 
     modernization bond;
       (ii) demonstrate that a comprehensive survey has been 
     carried out regarding the construction needs of the 
     applicable tribal school;
       (iii) contain assurances that funding under the bond will 
     be used only for the activities described in the plan;
       (iv) contain a response to the evaluation criteria 
     contained in the document entitled ``Instructions and 
     Application for Replacement School Construction, Revision 6'' 
     and dated February 6, 1999; and
       (v) contain any other reasonable and related information 
     that the Secretary determines to be appropriate.
       (C) Priority.--In determining whether an Indian tribe is 
     eligible to participate in the program under this subsection, 
     the Secretary shall give priority to Indian tribes that, as 
     demonstrated by the plans of construction of the Indian 
     tribes, will fund projects--
       (i) described in the list of the Bureau entitled 
     ``Education Facilities Replacement Construction Priorities 
     List as of FY 2000'' (65 Fed. Reg. 4623) (or successor 
     regulations); or
       (ii) that meet the criteria for ranking schools described 
     in the document entitled

[[Page 3069]]

     ``Instructions and Application for Replacement School 
     Construction, Revision 6'' and dated February 6, 1999.
       (D) Advance planning and design funding.--
       (i) In general.--An Indian tribe may propose in the plan of 
     construction of the Indian tribe to receive advance planning 
     and design funding from the escrow account.
       (ii) Conditions.--As a condition of receiving advance 
     planning and design funds from the escrow account under 
     clause (i), an Indian tribe shall agree--

       (I) to issue qualified tribal school modernization bonds 
     after the date of receipt of the funds; and
       (II) as a condition of each issuance of a bond, to deposit 
     into the escrow account or a fund managed by a trustee under 
     paragraph (4)(C) an amount equal to the amount of funds 
     received from the escrow account.

       (3) Permissible activities.--In addition to the use 
     described in paragraph (1), an Indian tribe may use amounts 
     received through the issuance of a qualified tribal school 
     modernization bond--
       (A) to enter into, and make payments under, contracts with 
     licensed and bonded architects, engineers, and construction 
     firms--
       (i) to determine the needs of a tribal school; and
       (ii) for the design and engineering of a tribal school;
       (B) to enter into, and make payments under, contracts with 
     financial advisors, underwriters, attorneys, trustees, and 
     other professionals to provide assistance to the Indian tribe 
     in issuing the bonds; and
       (C) to carry out other such activities as the Secretary 
     determines to be appropriate.
       (4) Bond trustee.--
       (A) In general.--Notwithstanding any other provision of 
     law, any qualified tribal school modernization bond issued by 
     an Indian tribe under this subsection shall be subject to a 
     trust agreement between the Indian tribe and a trustee.
       (B) Trustee.--Any bank or trust company that meets the 
     requirements established by the Secretary may serve as a 
     trustee for purposes of subparagraph (A).
       (C) Content of trust agreement.--A trust agreement entered 
     into by an Indian tribe under this paragraph shall specify 
     that the trustee, with respect to any bond issued under this 
     subsection, shall--
       (i) act as a repository for the proceeds of the bond;
       (ii) make payments to bondholders;
       (iii) receive, as a condition to the issuance of the bond, 
     a transfer of funds from the escrow account, or from other 
     funds furnished by or on behalf of the Indian tribe, in an 
     amount that, together with interest earnings from the 
     investment of the funds in obligations of or fully guaranteed 
     by the United States, or from other investments under 
     paragraph (10), will be sufficient to pay timely and in full 
     the entire principal amount of the bond on the stated 
     maturity date of the bond;
       (iv) invest the funds received in accordance with clause 
     (iii); and
       (v) hold and invest the funds in a segregated fund or 
     account under the agreement, to be used solely to pay the 
     costs of activities described in paragraph (3).
       (D) Requirements for making direct payments.--
       (i) In general.--Notwithstanding any other provision of 
     law, the trustee shall make each payment described in 
     subparagraph (C)(v) in accordance with such requirements as 
     the Indian tribe may prescribe in the trust agreement under 
     subparagraph (C).
       (ii) Payments to contractors.--As a condition of making a 
     payment to a contractor under subparagraph (C)(v), the 
     trustee shall require an inspection of the project of the 
     contractor, to ensure the completion of the project, by--

       (I) a local financial institution; or
       (II) an independent inspecting architect or engineer.

       (iii) Contracts.--Each contract under subparagraphs (A) and 
     (B) of paragraph (3) shall require, or be renegotiated to 
     require, that each payment under the contract shall be made 
     in accordance with this paragraph.
       (5) Payments of principal and interest.--
       (A) Principal.--
       (i) In general.--No principal payment on any qualified 
     tribal school modernization bond shall be required until the 
     final, stated maturity of the bond.
       (ii) Maturity.--

       (I) In general.--The final, stated maturity of a qualified 
     tribal school modernization bond shall be not later than the 
     date that is 15 years after the date of issuance of the bond.
       (II) Expiration.--On expiration of a qualified tribal 
     school modernization bond under subclause (I), the entire 
     outstanding principal under the bond shall become due and 
     payable.

       (B) Interest.--In lieu of interest on a qualified tribal 
     school modernization bond, there shall be provided a tax 
     credit under section 1400V of the Internal Revenue Code of 
     1986.
       (6) Bond guarantees.--
       (A) In general.--Payment of the principal portion of a 
     qualified tribal school modernization bond issued under this 
     subsection shall be guaranteed solely by amounts deposited 
     with each respective bond trustee as described in paragraph 
     (4)(C)(iii).
       (B) Escrow account.--
       (i) In general.--Notwithstanding any other provision of 
     law, the Secretary--

       (I) shall establish an escrow account, to be known as the 
     ``Tribal School Modernization Escrow Account'';
       (II) beginning in fiscal year 2010, may deposit in the 
     escrow account not more than $50,000,000 of amounts made 
     available for school replacement in the construction account 
     of the Bureau; and
       (III) may accept for transfer into the escrow account 
     amounts from, as the Secretary determines to be appropriate--

       (aa) other Federal departments and agencies (such as 
     amounts made available for facility improvement and repairs); 
     or
       (bb) non-Federal public or private sources.
       (ii) Transfers of excess proceeds.--The excess proceeds 
     held under any trust agreement that are not used for a 
     purpose described in clause (iii) or (v) of paragraph (4)(C) 
     shall be transferred periodically by the trustee for deposit 
     into the escrow account.
       (iii) Payments.--The Secretary shall use any amounts 
     deposited in the escrow account under clause (i) or (ii) to 
     make payments--

       (I) to trustees under paragraph (4); or
       (II) under paragraph (2)(D).

       (7) Limitations.--
       (A) Obligation to repay.--
       (i) In general.--Notwithstanding any other provision of 
     law, the principal amount of any qualified tribal school 
     modernization bond issued under this subsection shall be 
     repaid only to the extent of any escrowed funds provided 
     under paragraph (4)(C)(iii).
       (ii) Treatment.--No qualified tribal school modernization 
     bond issued by an Indian tribe under this subsection shall be 
     an obligation of, and no payment of the principal of such a 
     bond shall be guaranteed by--

       (I) the United States;
       (II) an Indian tribe; or
       (III) the tribal school for which the bond was issued.

       (B) Land and facilities.--No land or facility purchased or 
     improved using amounts provided under a qualified tribal 
     school modernization bond issued under this subsection shall 
     be mortgaged or used as collateral for the bond.
       (8) Sale of bonds.--A qualified tribal school modernization 
     bond may be sold at a purchase price equal to, in excess of, 
     or at a discount from the par amount of the bond.
       (9) Treatment of trust agreement earnings.--Amounts earned 
     through the investment of funds under the control of a 
     trustee under a trust agreement described in paragraph (4) 
     shall not be subject to Federal income tax.
       (10) Investment of sinking funds.--Any sinking fund 
     established for the purpose of the payment of principal on a 
     qualified tribal school modernization bond shall be invested 
     in--
       (A) obligations issued or guaranteed by the United States; 
     or
       (B) such other assets as the Secretary of the Treasury may 
     allow, by regulation.
       (d) Expansion of Incentives for Tribal Schools.--Chapter 1 
     of the Internal Revenue Code of 1986 is amended by adding at 
     the end the following new subchapter:

         ``Subchapter Z--Tribal School Modernization Provisions

``Sec. 1400V. Credit to holders of qualified tribal school 
              modernization bonds

     ``SEC. 1400V. CREDIT TO HOLDERS OF QUALIFIED TRIBAL SCHOOL 
                   MODERNIZATION BONDS.

       ``(a) Allowance of Credit.--In the case of a taxpayer who 
     holds a qualified tribal school modernization bond on a 
     credit allowance date of such bond which occurs during the 
     taxable year, there shall be allowed as a credit against the 
     tax imposed by this chapter for such taxable year an amount 
     equal to the sum of the credits determined under subsection 
     (b) with respect to credit allowance dates during such year 
     on which the taxpayer holds such bond.
       ``(b) Amount of Credit.--
       ``(1) In general.--The amount of the credit determined 
     under this subsection with respect to any credit allowance 
     date for a qualified tribal school modernization bond is 25 
     percent of the annual credit determined with respect to such 
     bond.
       ``(2) Annual credit.--The annual credit determined with 
     respect to any qualified tribal school modernization bond is 
     the product of--
       ``(A) the applicable credit rate, multiplied by
       ``(B) the outstanding face amount of the bond.
       ``(3) Applicable credit rate.--For purposes of paragraph 
     (1), the applicable credit rate with respect to an issue is 
     the rate equal to an average market yield (as of the date of 
     sale of the issue) on outstanding long-term corporate 
     obligations of similar ratings (as determined by the 
     Secretary).
       ``(4) Special rule for issuance and redemption.--In the 
     case of a bond which is issued during the 3-month period 
     ending on a credit allowance date, the amount of the credit 
     determined under this subsection with respect to such credit 
     allowance date shall be a ratable portion of the credit 
     otherwise

[[Page 3070]]

     determined based on the portion of the 3-month period during 
     which the bond is outstanding. A similar rule shall apply 
     when the bond is redeemed.
       ``(c) Limitation Based on Amount of Tax.--
       ``(1) In general.--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 part IV of 
     subchapter A (other than subpart C thereof, relating to 
     refundable credits).
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year.
       ``(d) Qualified Tribal School Modernization Bond; Other 
     Definitions.--For purposes of this section--
       ``(1) Qualified tribal school modernization bond.--
       ``(A) In general.--The term `qualified tribal school 
     modernization bond' means, subject to subparagraph (B), any 
     bond issued as part of an issue under subsection (c) of the 
     Indian School Construction Act, as in effect on the date of 
     the enactment of this section, if--
       ``(i) 95 percent or more of the proceeds of such issue are 
     to be used for the construction, rehabilitation, or repair of 
     a school facility funded by the Bureau of Indian Affairs of 
     the Department of the Interior or for the acquisition of land 
     on which such a facility is to be constructed with part of 
     the proceeds of such issue,
       ``(ii) the bond is issued by an Indian tribe,
       ``(iii) the issuer designates such bond for purposes of 
     this section, and
       ``(iv) the term of each bond which is part of such issue 
     does not exceed 15 years.
       ``(B) National limitation on amount of bonds designated.--
       ``(i) National limitation.--There is a national qualified 
     tribal school modernization bond limitation for each calendar 
     year. Such limitation is--

       ``(I) $200,000,000 for 2009,
       ``(II) $200,000,000 for 2010, and
       ``(III) zero for 2011 and thereafter.

       ``(ii) Allocation of limitation.--The national qualified 
     tribal school modernization bond limitation shall be 
     allocated to Indian tribes by the Secretary of the Interior 
     subject to the provisions of subsection (c) of the Indian 
     School Construction Act, as in effect on the date of the 
     enactment of this section.
       ``(iii) Designation subject to limitation amount.--The 
     maximum aggregate face amount of bonds issued during any 
     calendar year which may be designated under subsection (d)(1) 
     with respect to any Indian tribe shall not exceed the 
     limitation amount allocated to such government under clause 
     (ii) for such calendar year.
       ``(iv) Carryover of unused limitation.--If for any calendar 
     year--

       ``(I) the limitation amount under this subparagraph, 
     exceeds
       ``(II) the amount of qualified tribal school modernization 
     bonds issued during such year, the limitation amount under 
     this subparagraph for the following calendar year shall be 
     increased by the amount of such excess. The preceding 
     sentence shall not apply if such following calendar year is 
     after 2012.

       ``(2) Credit allowance date.--The term `credit allowance 
     date' means--
       ``(A) March 15,
       ``(B) June 15,
       ``(C) September 15, and
       ``(D) December 15.
     Such term includes the last day on which the bond is 
     outstanding.
       ``(3) Bond.--The term `bond' includes any obligation.
       ``(4) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term `Indian tribal government' by section 
     7701(a)(40), including the application of section 7871(d). 
     Such term includes any consortium of Indian tribes approved 
     by the Secretary of the Interior.
       ``(e) Credit Included in Gross Income.--Gross income 
     includes the amount of the credit allowed to the taxpayer 
     under this section (determined without regard to subsection 
     (c)) and the amount so included shall be treated as interest 
     income.
       ``(f) Bonds Held by Regulated Investment Companies.--If any 
     qualified tribal school modernization bond is held by a 
     regulated investment company, the credit determined under 
     subsection (a) shall be allowed to shareholders of such 
     company under procedures prescribed by the Secretary.
       ``(g) Treatment for Estimated Tax Purposes.--Solely for 
     purposes of sections 6654 and 6655, the credit allowed by 
     this section to a taxpayer by reason of holding a qualified 
     tribal school modernization bonds on a credit allowance date 
     shall be treated as if it were a payment of estimated tax 
     made by the taxpayer on such date.
       ``(h) Credit Treated as Allowed Under Part IV of Subchapter 
     A.--For purposes of subtitle F, the credit allowed by this 
     section shall be treated as a credit allowable under part IV 
     of subchapter A of this chapter.
       ``(i) Reporting.--Issuers of qualified tribal school 
     modernization bonds shall submit reports similar to the 
     reports required under section 149(e).''.
       (e) Additional Provisions.--
       (1) Sovereign immunity.--Nothing in this section or an 
     amendment made by this section impacts, limits, or otherwise 
     affects the sovereign immunity of the United States or any 
     State or Indian tribal government.
       (2) Application.--This section and the amendments made by 
     this section shall take effect on the date of enactment of 
     this Act with respect to bonds issued after December 31, 
     2009, regardless of the status of regulations promulgated 
     pursuant to this section or an amendment made by this 
     section.
                                 ______
                                 
  SA 493. Mr. DODD (for himself, Mr. Lieberman, Mrs. Murray, Mr. 
Menendez, Mr. Durbin, Mr. Kerry and Mr. Brown) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 114, between lines 4 and 5, insert the following:

     SEC. 603. WAIVERS OF CERTAIN FIRE GRANT PROGRAM PROVISIONS.

       (a) Waiver of Federal Share Requirement.--Subparagraph (E) 
     of section 34(a)(1) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229a(a)(1)) shall not apply 
     to a grant awarded under such section 34(a)(1) during the 
     fiscal years 2009 and 2010.
       (b) Conditional Waiver of Certain Provisions.--If the 
     Administrator of the United States Fire Administration of the 
     Federal Emergency Management Agency determines that a 
     recipient of a grant awarded during fiscal year 2009 or 2010 
     under section 34(a)(1) of such Act is a fire department 
     located in a community facing a severe economic hardship, the 
     Administrator may waive or modify, with respect to such 
     recipient--
       (1) the requirements of subparagraph (B) of such section 
     34(a)(1); and
       (2) the provision in paragraph (1) of section 34(c) of such 
     Act.
                                 ______
                                 
  SA 494. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1607. WORKER EMPLOYMENT PLAN.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Labor shall develop and implement a 
     plan to connect individuals from low-income and high 
     unemployment areas to employment opportunities associated 
     with projects funded under this Act.
                                 ______
                                 
  SA 495. Mr. TESTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 4, line 6, before the period at the end, insert 
     ``Provided, That the funds may be used for research in 
     renewable fuels and emerging agricultural production 
     technologies that reduce agricultural input costs, increase 
     agricultural profitability, and decrease dependence on 
     foreign fuels''.
                                 ______
                                 
  SA 496. Mr. CARPER (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       Insert on p. 46, line 18:
       (c) Conforming Amendment.--Section 45Q(d)(2) is amended by 
     inserting'', oil and

[[Page 3071]]

     gas reservoirs,'' after ``deep saline formations'' and before 
     ``and unminable coal seems''.
       (d) Conforming Amendment.--Section 45Q(d)(2) is amended by 
     striking ``coordination'' and replacing with 
     ``consultation'', and inserting after ``Environmental 
     Protection Agency'' ``, the Secretary of Energy, and the 
     Secretary of the Interior,''
       (e) Conforming Amendment.--Section 45Q(e) is amended by 
     striking ``or used as a tertiary injectant.'' at the end of 
     subsection (e) and inserting in its place ``in accordance 
     with subsection (a).''.
       With subsequent relettering of the subsection (c) to (f) 
     and (d) to (g).
                                 ______
                                 
  SA 497. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 74, strike line 22 and all that following 
     through page 75, line 2, and insert the following:

     Provided further, That $1,520,000,000 is available for 
     competitive solicitations for a range of industrial 
     applications: Provided further, That, pursuant to section 703 
     of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17251), at least $1,420,000,000 is available for 
     projects that demonstrate carbon capture from industrial 
     sources: Provided further, That awards for such projects 
     under section 703 of that Act may include power plant 
     efficiency improvements for integration with carbon capture 
     technology: Provided further, That, pursuant to section 963 
     of the Energy Policy Act of 2005 (42 U.S.C. 16293), up to 
     $100,000,000 may be available for a competitive solicitation 
     for pilot and commercial scale projects that advance 
     innovative and novel concepts for carbon dioxide capture and 
     beneficial carbon dioxide reuse.
                                 ______
                                 
  SA 498. Mr. BEGICH (for himself, Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 228, line 6, insert ``Provided further, That not 
     less than $900,000,000 of the amounts provided under this 
     heading shall be available for port infrastructure investment 
     grants by the Maritime Administration:'' after ``movement:''.
                                 ______
                                 
  SA 499. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 107. ADDITIONAL FUNDS FOR THE FOOD AND DRUG 
                   ADMINISTRATION.

       (a) In General.--In addition to amounts otherwise 
     appropriated under this Act, there are appropriated, out of 
     any money in the Treasury not otherwise appropriated, 
     $200,000,000 for the Food and Drug Administration for new 
     laboratory equipment and Internet Technology updates to help 
     detect and track foodborne illness outbreaks.
       (b) Offset.--Notwithstanding any other provision of this 
     Act, the amount appropriated under title V for the ``federal 
     buildings fund'' shall be reduced by $200,000,000.
                                 ______
                                 
  SA 500. Mr. DORGAN (for himself and Mr. Bennett) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike all between page 70, line 13 and page 72, line 22 
     and insert the following:
       ``For an additional amount for ``Energy Efficiency and 
     Renewable Energy'', $14,398,000,000, for necessary expenses, 
     to remain available until September 30, 2010: Provided, That 
     $2,000,000,000 shall be available for grants for the 
     manufacturing of advanced batteries and components and the 
     Secretary shall provide facility funding awards under this 
     section to manufacturers of advanced battery systems and 
     vehicle batteries that are produced in the United States, 
     including advanced lithium ion batteries, hybrid electrical 
     systems, component manufacturers, and software designers: 
     Provided further, That Section 136(b) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17013(b)) is 
     amended for Fiscal Years 2009 and 2010 by striking ``30 
     percent'' and inserting ``90 percent'': Provided further, 
     That $2,048,000,000 shall be for expenses necessary for 
     energy efficiency and renewable energy research, development, 
     demonstration and deployment activities: Provided further, 
     That of which not less than $100,000,000 shall be for the 
     building codes training and technical assistance program of 
     the Department of Energy, including section 304 of the Energy 
     Conservation and Production Act (42 U.S.C. 6833): Provided 
     further, That of which not less than $180,000,000 shall be 
     available for renewable energy construction grants under 
     section 803 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17282), geothermal energy programs and grants 
     under sections 613, 614, 615, and 625 of that Act (42 U.S.C. 
     17192, 17193, 17194, 17204), and the marine and hydrokinetic 
     renewable energy technologies program established under 
     section 633 of that Act (42 U.S.C. 17212): Provided further, 
     That the Secretary of Energy shall increase the ceiling on 
     energy savings performance contracts entered into under 
     section 801 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8287) prior to December 1, 2008, to ensure that 
     projects for which a contractor has been selected under the 
     contracts are concluded in a timely manner: Provided further, 
     That $2,900,000,000 shall be for the Weatherization 
     Assistance Program under part A of title IV of the Energy 
     Conservation and Production Act (42 U.S.C. 6861 et seq.): 
     Provided further, That $500,000,000 shall be for the State 
     Energy Program authorized under part D of title III of the 
     Energy Policy and Conservation Act (42 U.S.C. 6321): Provided 
     further, That $4,200,000,000 shall be available for Energy 
     Efficiency and Conservation Grants, of which $2,100,000,000 
     is available through the formula in subtitle E of title V of 
     the Energy Independence and Security Act of 2007 (42 U.S.C. 
     17151 et seq.): Provided further, That the remaining 
     $2,100,000,000 shall be awarded on a competitive basis: 
     Provided further, That $350,000,000 is for grants to 
     implement Section 721 of the Energy Policy Act of 2005 (42 
     U.S.C. 16091 et seq.) for acquisition and alternative fuel or 
     fuel-cell vehicles, especially for transportation purposes: 
     Provided further, That $200,000,000 for grants to states 
     under Section 131 of the Energy Independence and Security Act 
     of 2007 to plan, develop, and demonstrate electrical 
     infrastructure projects that encourage the use of plug-in 
     electric drive vehicles and for near term large-scale 
     electrification projects aimed at the transportation sector: 
     Provided further, That no funds are provided for grants under 
     Section 399A of the Energy Policy and Conservation Act (42 
     U.S.C. 6371h-1): Provided further, That $2,200,000,000 is 
     available to off-set the costs associated with Federal 
     Purchases of Electricity Generated by Renewable Energy 
     contained in Section 407 of this Act: Provided further, That 
     notwithstanding section 3304 of title 5, United States Code, 
     and without regard to the provisions of sections 3309 through 
     3318 of such title 5, the Secretary of Energy, upon a 
     determination that there is a severe shortage of candidates 
     or a critical hiring need for particular positions, may from 
     within the funds provided, recruit and directly appoint 
     highly-qualified individuals into the competitive service: 
     Provided further, That such authority shall not apply to 
     positions in the Excepted Service or the Senior Executive 
     Service: Provided further, That any action authorized herein 
     shall be consistent with the merit principles of section 2301 
     of such title 5, and the Department shall comply with the 
     public notice requirements of section 3327 of such title 5.
                                 ______
                                 
  SA 501. Mr. GRAHAM (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 6, strike lines 1 through 4.
       On page 37, strike lines 1 through 5.
       On page 37, line 10, strike ``$9,000,000,000'' and insert 
     ``$8,800,000,000''
       On page 37, line 13, strike ``not'' and all that follows 
     through ``libraries:'' on line 16.

[[Page 3072]]

       On page 39, strike line 3 and all that follows through page 
     40, line 2.
       On page 42, strike lines 10 through 14.
       On page 44, line 18, strike ``$300,000,000'' and insert 
     ``$275,000,000''.
       On page 44, line 25, after the semicolon insert ``and''
       On page 45, line 2, strike ``; and'' and insert a period.
       On page 45, strike lines 3 through 5.
       On page 57, line 10, strike ``$1,169,291,000'' and insert 
     ``$1,069,291,000''.
       On page 57, line 14, strike ``$571,843,000'' and insert 
     ``$531,843,000''.
       On page 57, line 18, strike ``$112,167,000'' and insert 
     ``$92,167,000''.
       On page 57, line 22, strike ``$927,113,000'' and insert 
     ``$887,113,000''.
       On page 92, strike lines 1 through 20.
       On page 93, line 7, strike ``$9,048,000,000'' and insert 
     ``$8,048,000,000''.
       On page 93, line 12, strike ``$6,000,000,000'' and insert 
     ``$5,000,000,000''.
       On page 93, line 23, strike ``$7,000,000,000'' and insert 
     ``$6,000,000,000''.
       On page 95, strike lines 1 through 8.
       On page 123, line 9, strike ``$3,250,000,000'' and insert 
     ``$2,050,000,000''.
       On page 123, strike line 18 and all that follows through 
     page 124, line 9.
       On page 124, line 10, strike ``(3)'' and insert ``(2)''.
       On page 124, line 13, strike ``(4)'' and insert ``(3)''.
       On page 124, line 15, strike ``(5)'' and insert ``(4)''.
       On page 125, line 1, strike ``(6)'' and insert ``(5)''.
       On page 127, line 23, strike ``$1,088,000,000'' and insert 
     ``$1,000,000,000''.
       On page 127, line 24, strike ``of which'' and all that 
     follows through ``and'' on page 128, line 3.
       On page 128, strike lines 8 through 22.
       On page 130, strike lines 4 through 10.
       On page 213, line 22, strike ``$64,961,000'' and insert 
     ``$59,476,000''.
       On page 213, line 25, strike ``; and'' and all that follows 
     through ``initiatives'' on lines 25 and 26.
       On page 137, line 17, strike ``$5,800,000,000'' and insert 
     ``$5,325,000,000''.
       On page 139, line 22, after ``funds:'' insert ``Provided 
     further, That none of the amounts available under this 
     paragraph may be used for the screening or prevention of any 
     sexually transmitted disease or for any smoking cessation 
     activities.''
       On page 391, line 5, strike ``$79,000,000,000'' and insert 
     ``$62,800,000,000''.
       At the end of division A, add the following:

       TITLE XVII--FORECLOSURE PREVENTION MORTGAGE MODIFICATIONS

     SEC. 1701. DEFINITIONS.

       In this title--
       (1) the term ``Corporation'' means the Federal Deposit 
     Insurance Corporation;
       (2) the term ``Chairperson'' means the Chairperson of the 
     Board of Directors of the Corporation;
       (3) the term ``Secretaries'' means the Secretary of the 
     Treasury and the Secretary of Housing and Urban Development, 
     jointly;
       (4) the term ``program'' means the foreclosure prevention 
     and mortgage modification program established under this 
     section; and
       (5) the term ``eligible mortgage'' means an extension of 
     credit that is secured by real property that is the primary 
     residence of the borrower.

     SEC. 1702. LOAN MODIFICATION PROGRAM.

       (a) Establishment.--The Chairperson shall establish a 
     systematic foreclosure prevention and mortgage modification 
     program, in consultation with the Secretaries, that--
       (1) provides lenders and loan servicers with compensation 
     to cover administrative costs for each eligible mortgage 
     modified according to the required standards; and
       (2) provides loss sharing or guarantees for certain losses 
     incurred if a modified eligible mortgage should subsequently 
     redefault.
       (b) Program Components.--The program established under 
     subsection (a) shall include the following components:
       (1) Exclusion for early payment default.--To promote 
     sustainable mortgages, loss sharing or guarantees under the 
     program shall be available only after the borrower has made a 
     specified minimum number of payments on the modified 
     mortgage, as determined by the Chairperson.
       (2) Standard net present value test.--In order to promote 
     consistency and simplicity in implementation and auditing 
     under the program, the Chairperson shall prescribe and 
     require lenders and loan servicers to apply a standardized 
     net present value analysis for participating lenders and loan 
     servicers that compares the expected net present value of 
     modifying past due mortgage loans with the net present value 
     of foreclosing on such mortgage loans. The Chairperson shall 
     use standard industry assumptions to ensure that a consistent 
     standard for affordability is provided, based on a ratio of 
     the borrower's mortgage-related expenses to gross monthly 
     income specified by the Chairperson.
       (3) Systematic loan review by participating lenders and 
     servicers.--
       (A) Requirement.--Any lender or loan servicer that 
     participates in the program shall be required--
       (i) to undertake a systematic review of all of the eligible 
     mortgage loans under its management;
       (ii) to subject each such eligible mortgage loan to the 
     standard net present value test prescribed by the Chairperson 
     to determine whether it is suitable for modification under 
     the program; and
       (iii) to offer modifications for all eligible mortgages 
     that meet such test.
       (B) Disqualification.--Any lender or loan servicer that 
     fails to undertake a systematic review and to carry out 
     modifications where they are justified, as required by 
     subparagraph (A), shall be disqualified from further 
     participation in the program, pending proof of compliance 
     with subparagraph (A).
       (4) Modifications.--Modifications to eligible mortgages 
     under the program may include--
       (A) reduction in interest rates and fees;
       (B) term or amortization extensions;
       (C) forbearance or forgiveness of principal; and
       (D) other similar modifications, as determined appropriate 
     by the Chairperson.
       (5) Loss share calculation.--In order to ensure the 
     administrative efficiency and effective operation of the 
     program and to provide adequate incentive to lenders and loan 
     servicers to modify eligible mortgages and avoid unnecessary 
     foreclosures, the Chairperson shall define appropriate 
     standardized measures for loss sharing or guarantees.
       (6) De minimis test.--The Chairperson shall implement a de 
     minimis test to exclude from loss sharing under the program 
     any modification that does not lower the monthly loan payment 
     to the borrower by at least 7 to 15 percent, at the 
     determination of the Chairperson.
       (7) Time limit on loss sharing payment.--At the 
     determination of the Chairperson, a loss sharing guarantee 
     under the program shall terminate between 5 and 15 years 
     after the date on which the mortgage modification is 
     consummated, as determined by the Chairperson.

     SEC. 1703. ALTERNATIVE COMPONENTS.

       (a) In General.--The Chairperson may, with the approval of 
     the Secretaries, and after making the certifications to 
     Congress required by subsection (b), implement foreclosure 
     prevention and mitigation actions other than those authorized 
     under section 1702.
       (b) Certification to Congress.--The Chairperson shall 
     certify to Congress that the Chairperson believes the 
     alternative foreclosure mitigation actions would provide 
     equivalent or greater impact or have a more cost-effective 
     impact on foreclosure mitigation than those authorized under 
     section 1702. Such certification shall contain quantitative 
     projections of the benefit of pursuing the alternative 
     actions in place of or in addition to the actions authorized 
     under section 1702.

     SEC. 1704. TIMELY IMPLEMENTATION.

       The Chairperson shall begin implementation of, and shall 
     allow lenders and loan servicers to begin participation in, 
     the mortgage modification program under this title not later 
     than 1 month after the date of enactment of this Act.

     SEC. 1705. SAFE HARBOR FOR LOAN SERVICERS.

       (a) Loan Modifications and Workout Plans.--Notwithstanding 
     any other provision of law, and notwithstanding any 
     investment contract between a loan servicer and a 
     securitization vehicle or investor, a loan servicer that acts 
     consistent with the duty set forth in section 129A(a) of 
     Truth in Lending Act (15 U.S.C. 1639a) shall not be liable 
     for entering into a loan modification or workout plan under 
     the program established under this title, or with respect to 
     any mortgage that meets all of the criteria set forth in 
     subsection (b)(2), to--
       (1) any person, based on that person's ownership of a 
     residential mortgage loan or any interest in a pool of 
     residential mortgage loans or in securities that distribute 
     payments out of the principal, interest, and other payments 
     on loans in the pool;
       (2) any person who is obligated to make payments determined 
     in reference to any loan or any interest referred to in 
     paragraph (1); or
       (3) any person that insures any loan or any interest 
     referred to in paragraph (1) under any provision of law or 
     regulation of the United States or of any State or political 
     subdivision of any State.
       (b) Ability to Modify Mortgages.--
       (1) In general.--Notwithstanding any other provision of 
     law, and notwithstanding any investment contract between a 
     loan servicer and a securitization vehicle or investor, with 
     respect to any mortgage loan that meets all of the criteria 
     set forth in paragraph (2), or which is modified in 
     accordance with the loan modification program established 
     under this title, a loan servicer--
       (A) shall not be limited in the ability to modify 
     mortgages, the number of mortgages that can be modified, the 
     frequency of loan modifications, or the range of permissible 
     modifications;
       (B) shall not be obligated to repurchase loans from or 
     otherwise make payments to the securitization vehicle on 
     account of a modification, workout, or other loss mitigation 
     plan for a residential mortgage or a class of residential 
     mortgages that constitute a part or all of the mortgages in 
     the securitization vehicle; and

[[Page 3073]]

       (C) shall not lose the safe harbor protection provided 
     under subsection (a) due to actions taken in accordance with 
     subparagraphs (A) and (B).
       (2) Criteria.--A mortgage loan described in this paragraph 
     is a mortgage loan with respect to which--
       (A) default on the payment of such mortgage has occurred or 
     is reasonably foreseeable;
       (B) the property securing such mortgage is occupied by the 
     mortgagor; and
       (C) the loan servicer reasonably and in good faith believes 
     that the anticipated recovery on the principal outstanding 
     obligation of the mortgage under the particular modification 
     or workout plan or other loss mitigation action will exceed, 
     on a net present value basis, the anticipated recovery on the 
     principal outstanding obligation of the mortgage to be 
     realized through foreclosure.
       (c) Applicability.--This section shall apply only with 
     respect to modifications, workouts, and other loss mitigation 
     plans initiated before July 1, 2010.
       (d) Reporting.--Each loan servicer that engages in loan 
     modifications or workout plans subject to the safe harbor in 
     this section shall report to the Chairperson on a regular 
     basis regarding the extent, scope, and results of the loan 
     servicer's modification activities, subject to the rules of 
     the Chairperson regarding the form, content, and timing of 
     such reports.
       (e) Definition of Securitization Vehicles.--For purposes of 
     this section, the term `securitization vehicle' means a 
     trust, corporation, partnership, limited liability entity, 
     special purpose entity, or other structure that--
       (1) is the issuer, or is created by the issuer, of mortgage 
     pass-through certificates, participation certificates, 
     mortgage-backed securities, or other similar securities 
     backed by a pool of assets that includes residential mortgage 
     loans; and
       (2) holds such mortgages.

     SEC. 1706. FUNDING.

       There is appropriated to the Secretary of the Treasury to 
     cover the costs incurred by the Corporation in carrying out 
     the mortgage modification program established under this 
     title, $22,850,000,000. Funds that are unused by July 1, 
     2010, shall be returned to the General Fund of the Treasury 
     of the United States, unless otherwise directed by Congress.

     SEC. 1707. FDIC COSTS AND AUTHORITY.

       (a) Transfer From Secretary.--The Chairperson shall, from 
     time to time, request payment of the anticipated costs of 
     carrying out the program, including any administrative costs, 
     and the Secretary of the Treasury shall immediately pay the 
     amounts requested to the Corporation from the funds made 
     available under section 1706.
       (b) Corporation Authority.--In carrying out its 
     responsibilities under this title, the Corporation may 
     exercise its authority under section 9 of the Federal Deposit 
     Insurance Act.

     SEC. 1708. REPORT.

       Before the end of the 2-month period beginning on the date 
     of enactment of this Act and every 3 months thereafter, the 
     Chairperson shall submit a report to the Congress detailing 
     the implementation results and costs of the mortgage 
     modification program, and containing such recommendations for 
     legislative or administrative action as the Chairperson may 
     determine to be appropriate.
                                 ______
                                 
  SA 502. Mr. BINGAMAN (for himself, Mr. Menendez, Mr. Dorgan, Mr. 
Bennett, Ms. Murkowski, and Mr. Sanders) submitted an amendment 
intended to be proposed to amendment SA 98 proposed by Mr. Inouye (for 
himself and Mr. Baucus) to the bill H.R. 1, making supplemental 
appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabilization, for fiscal year 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       Page 90, line 15 insert the following:

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

       (a) In General.--Section 203 of the Energy Policy Act of 
     2005 (42 U.S.C. 15852) is amended by adding at the end the 
     following:
       ``(e) Contract Period--
       ``(1) In General.--Notwithstanding section 501(b)(1)(B) of 
     Title 40, United States Code, a contract entered into by a 
     Federal agency to acquire renewable energy may be made for a 
     period of not more than 30 years.
       ``(2) Technical Assistance.--The Secretary shall provide 
     technical assistance to Federal agencies to enter into 
     contracts under this subsection.
       ``(3) Standardized Renewable Energy Purchase Agreement.--
     Not later than 90 days after the date of enactment of this 
     subsection, the Secretary, acting through the Federal Energy 
     Management Program, shall publish a standardized renewable 
     energy purchase agreement setting forth commercial terms and 
     conditions that can be used by Federal agencies to acquire 
     renewable energy.''.
       (b) Funding.--The Amount Otherwise made available for 
     ``Energy Efficiency and Renewable Energy'' by the matter 
     under the heading ``ENERGY EFFICIENCY AND RENEWABLE ENERGY'' 
     under the heading ``ENERGY PROGRAMS'' under the heading 
     ``DEPARTMENT OF ENERGY'' of this title shall be reduced by 
     the amount necessary to carry out the amendment made by 
     subsection (a).
                                 ______
                                 
  SA 503. Mr. BINGAMAN (for himself, Mr. Carper, and Mr. Crapo) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 518, beginning on line 1, strike through page 521, 
     line 23, and insert the following:
       ``(2) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(3) Limitation.--The amount which is treated for all 
     taxable years with respect to any qualifying advanced energy 
     project shall not exceed the amount designated by the 
     Secretary as eligible for the credit under this section.
       ``(c) Definitions.--
       ``(1) Qualifying advanced energy project.--
       ``(A) In general.--The term `qualifying advanced energy 
     project' means a project--
       ``(i) which re-equips, expands, or establishes a 
     manufacturing facility for the production of property which 
     is--

       ``(I) designed to be used to produce energy from the sun, 
     wind, geothermal deposits (within the meaning of section 
     613(e)(2)), or other renewable resources,
       ``(II) designed to manufacture fuel cells, microturbines, 
     or an energy storage system for use with electric or hybrid-
     electric motor vehicles,
       ``(III) designed to manufacture electric grids to support 
     the transmission of intermittent sources of renewable energy, 
     including storage of such energy,
       ``(IV) designed to capture and sequester carbon dioxide 
     emissions,
       ``(V) designed to refine or blend renewable fuels or to 
     produce energy conservation technologies (including energy-
     conserving lighting technologies and smart grid 
     technologies), or
       ``(VI) other advanced energy property designed to reduce 
     greenhouse gas emissions as may be determined by the 
     Secretary, and

       ``(ii) any portion of the qualified investment of which is 
     certified by the Secretary under subsection (d) as eligible 
     for a credit under this section.
       ``(B) Exception.--Such term shall not include any portion 
     of a project for the production of any property which is used 
     in the refining or blending of any transportation fuel (other 
     than renewable fuels).
       ``(2) Eligible property.--The term `eligible property' 
     means any property which is part of a qualifying advanced 
     energy project and is necessary for the production of 
     property described in paragraph (1)(A)(i).
       ``(d) Qualifying Advanced Energy Project Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary, in consultation 
     with the Secretary of Energy, shall establish a qualifying 
     advanced energy project program to consider and award 
     certifications for qualified investments eligible for credits 
     under this section to qualifying advanced energy project 
     sponsors.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program shall not exceed $2,000,000,000.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require during the 3-
     year period beginning on the date the Secretary establishes 
     the program under paragraph (1).
       ``(B) Time to meet criteria for certification.--Each 
     applicant for certification shall have 2 years from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the 
     requirements of the certification have been met.
       ``(C) Period of issuance.--An applicant which receives a 
     certification shall have 5 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period then the certification shall no longer be valid.

[[Page 3074]]

       ``(3) Selection criteria.--In determining which qualifying 
     advanced energy projects to certify under this section, the 
     Secretary--
       ``(A) shall take into consideration only those projects 
     where there is a reasonable expectation of commercial 
     viability, and
       ``(B) shall take into consideration which projects--
       ``(i) will provide the greatest domestic job creation (both 
     direct and indirect) during the credit period,
       ``(ii) will provide the greatest net impact in avoiding or 
     reducing air pollutants or anthropogenic emissions of 
     greenhouse gases,
       ``(iii) have the greatest readiness for commercial 
     employment, replication, and further commercial use in the 
     United States,
       ``(iv) will provide the greatest benefit in terms of 
     newness in the commercial market,
       ``(v) have the lowest levelized cost of generated or stored 
     energy, or of measured reduction in energy consumption or 
     greenhouse gas emission (based on costs of the full supply 
     chain), and
       ``(vi) have the shortest project time from certification to 
     completion.''.
                                 ______
                                 
  SA 504. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 176, line 7, insert ``and for activities described 
     in subparagraph (B)'' before the period at the end.
       On page 176, line 8, strike ``Required''.
       On page 176, line 13, insert after the period at the end 
     the following: ``Each State educational agency may use a 
     portion of the reserved funds under subparagraph (A) for 
     renovation, repair, and construction of State-operated or 
     State-supported elementary schools and secondary schools if 
     such activities meet the requirements of subsection (c).''.
                                 ______
                                 
  SA 505. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 185, between lines 8 and 9, insert the following:
       (v) carrying out measures designed to reduce or eliminate 
     human exposure to classroom noise and environmental noise 
     pollution.
                                 ______
                                 
  SA 506. Mrs. McCASKILL (for herself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 409, strike lines 16 through 19, and insert the 
     following:
       (C) auditing or reviewing covered funds to determine 
     whether wasteful spending, poor contract or grant management, 
     or other abuses are occurring and referring matters the Board 
     considers appropriate for investigation to the inspector 
     general for the agency that disbursed the covered funds;
       On page 410, line 3, insert before the period ``, including 
     coordinating and collaborating to the extent practicable with 
     the Inspectors General Council on Integrity and Efficiency 
     established by the Inspector General Reform Act of 2008 
     (Public Law 110-409)''.
       On page 411, strike lines 1 through 3, and insert ``subject 
     to disclosure under sections 552 and 552a of title 5, United 
     States Code, (commonly referred to as the Freedom of 
     Information Act and the Privacy Act).''
       On page 411, line 20, strike all after ``conduct'' through 
     line 22, and insert ``audits and reviews of spending of 
     covered funds and coordinate on such activities with the 
     inspectors general of the relevant agencies to avoid 
     duplication of work.''.
       On page 411, line 23, strike ``Investigations'' and insert 
     ``Reviews''.
       On page 412, lines 1 and 2, strike ``investigations'' and 
     insert ``reviews''.
       On page 412, line 3, strike ``investigations'' and insert 
     ``reviews''.
       On page 412, line 7, strike ``investigations'' and insert 
     ``reviews''.
       On page 412, lines 16 and 17, strike ``investigative 
     depositions'' and insert ``necessary inquiries''.
       On page 412, strike lines 21 through 23 and insert ``are 
     not Federal officers or employees at such public hearings. 
     Any such subpoenas may be enforced in the same manner as 
     provided for inspector general subpoenas under section 6 of 
     the Inspector General Act of 1978 (5 U.S.C. App.).''.
       On page 413, line 8, strike all after ``audits'' through 
     line 11 and insert ``, reviews, or other activities relating 
     to oversight by the Board of covered funds to any office of 
     inspector general (including for the purpose of a related 
     investigation of an inspector general), the Office of 
     Management and Budget, the General Services Administration, 
     and the Panel.''.
       On page 415, line 20, strike ``a report''.
       On page 415, line 23, strike the period through line 25 and 
     insert ``, a brief statement or notification. The statement 
     or notification shall state the reasons that the inspector 
     general has rejected the request in whole or in part. The 
     decision of the inspector general to reject the request shall 
     be final.''.
                                 ______
                                 
  SA 507. Mrs. McCASKILL submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1518 and insert the following:

     SEC. 1518. PROTECTING STATE AND LOCAL GOVERNMENT AND 
                   CONTRACTOR WHISTLEBLOWERS.

       (a) Prohibition of Reprisals.--An employee of any non-
     Federal employer receiving covered funds may not be 
     discharged, demoted, or otherwise discriminated against as a 
     reprisal for disclosing, including a disclosure made in the 
     ordinary course of an employee's duties, to the Board, an 
     inspector general, the Comptroller General, a member of 
     Congress, a State or Federal regulatory or law enforcement 
     agency, a person with supervisory authority over the employee 
     (or such other person working for the employer who has the 
     authority to investigate, discover, or terminate misconduct), 
     a court or grand jury, the head of a Federal agency, or their 
     representatives information that the employee reasonably 
     believes is evidence of--
       (1) gross mismanagement of an agency contract or grant 
     relating to covered funds;
       (2) a gross waste of covered funds;
       (3) a substantial and specific danger to public health or 
     safety related to the implementation or use of covered funds;
       (4) an abuse of authority related to the implementation or 
     use of covered funds; or
       (5) a violation of law, rule, or regulation related to an 
     agency contract (including the competition for or negotiation 
     of a contract) or grant, awarded or issued relating to 
     covered funds.
       (b) Investigation of Complaints.--
       (1) In general.--A person who believes that the person has 
     been subjected to a reprisal prohibited by subsection (a) may 
     submit a complaint regarding the reprisal to the appropriate 
     inspector general. Except as provided under paragraph (3), 
     unless the inspector general determines that the complaint is 
     frivolous, does not relate to covered funds, or another 
     Federal or State judicial or administrative proceeding has 
     previously been invoked to resolve such complaint, the 
     inspector general shall investigate the complaint and, upon 
     completion of such investigation, submit a report of the 
     findings of the investigation to the person, the person's 
     employer, the head of the appropriate agency, and the Board.
       (2) Time limitations for actions.--
       (A) In general.--Except as provided under subparagraph (B), 
     the inspector general shall, not later than 180 days after 
     receiving a complaint under paragraph (1)--
       (i) make a determination that the complaint is frivolous, 
     does not relate to covered funds, or another Federal or State 
     judicial or administrative proceeding has previously been 
     invoked to resolve such complaint; or
       (ii) submit a report under paragraph (1).
       (B) Extensions.--
       (i) Voluntary extension agreed to between inspector general 
     and complainant.--If the inspector general is unable to 
     complete an investigation under this section in time to 
     submit a report within the 180-day period specified under 
     subparagraph (A) and the person submitting the complaint 
     agrees to an extension of time, the inspector general shall 
     submit a report under paragraph (1) within such additional 
     period of time as shall be agreed upon between the inspector 
     general and the person submitting the complaint.
       (ii) Extension granted by inspector general.--If the 
     inspector general is unable to complete an investigation 
     under this section

[[Page 3075]]

     in time to submit a report within the 180-day period 
     specified under subparagraph (A), the inspector general may 
     extend the period for not more than 180 days without agreeing 
     with the person submitting the complaint to such extension, 
     provided that the Inspector General provides a written 
     explanation (subject to the authority to exclude information 
     under paragraph (5)(C)) for the decision, which shall be 
     provided to both the person submitting the complaint and the 
     non-Federal employer.
       (iii) Semi-annual report on extensions.--The inspector 
     general shall include in semi-annual reports to Congress a 
     list of those investigations for which the inspector general 
     received an extension, including a copy of each written 
     explanation provided with respect to extensions under clause 
     (ii).
       (3) Discretion not to investigate complaints.--
       (A) In general.--The inspector general may decide not to 
     conduct or continue an investigation under this section upon 
     providing to the person submitting the complaint and the non-
     Federal employer a written explanation (subject to the 
     authority to exclude information under paragraph (5)(C)) for 
     such decision.
       (B) Assumption of rights to civil remedy.--Upon receipt of 
     an explanation of a decision not to conduct or continue an 
     investigation under subparagraph (A), the person submitting a 
     complaint shall immediately assume the right to a civil 
     remedy under subsection (c)(2) as if the 210-day period 
     specified under such subsection has already passed.
       (C) Semi-annual report.--The inspector general shall 
     include in semi-annual reports to Congress a list of those 
     investigations the inspector general decided not to conduct 
     or continue under this paragraph, including copies of the 
     written explanations for such decisions not to investigate.
       (4) Burden of proof.--
       (A) Disclosure as contributing factor in reprisal.--
       (i) In general.--A person alleging a reprisal under this 
     section shall be deemed to have affirmatively established the 
     occurrence of the reprisal if the person demonstrates that a 
     disclosure described in subsection (a) was a contributing 
     factor in the reprisal.
       (ii) Use of circumstantial evidence.--A disclosure may be 
     demonstrated as a contributing factor in a reprisal for 
     purposes of this paragraph by circumstantial evidence, 
     including--

       (I) evidence that the official undertaking the reprisal 
     knew of the disclosure; or
       (II) evidence that the reprisal occurred within a period of 
     time after the disclosure such that a reasonable person could 
     conclude that the disclosure was a contributing factor in the 
     reprisal.

       (B) Opportunity for rebuttal.--The inspector general may 
     not find the occurrence of a reprisal with respect to a 
     reprisal that is affirmatively established under subparagraph 
     (A) if the non-Federal employer demonstrates by clear and 
     convincing evidence that the non-Federal employer would have 
     taken the action constituting the reprisal in the absence of 
     the disclosure.
       (5) Access to investigative file of inspector general.--
       (A) In general.--The person alleging a reprisal under this 
     section shall have access to the complete investigation file 
     of the appropriate inspector general in accordance with 
     section 552a of title 5, United States Code (commonly 
     referred to as the ``Privacy Act''). The investigation of the 
     inspector general shall be deemed closed for purposes of 
     disclosure under such section when an employee files an 
     appeal to an agency head or a court of competent 
     jurisdiction.
       (B) Civil action.--In the event the person alleging the 
     reprisal brings suit under subsection (c)(2)(A), the person 
     alleging the reprisal and the non-Federal employer shall have 
     access to the complete investigative file of the Inspector 
     General in accordance with the Privacy Act.
       (C) Exception.--The inspector general may exclude from 
     disclosure--
       (i) information protected from disclosure by a provision of 
     law; and
       (ii) any additional information the inspector general 
     determines disclosure of which would impede a continuing 
     investigation, provided that such information is disclosed 
     once such disclosure would no longer impede such 
     investigation.
       (6) Privacy of information.--An inspector general 
     investigating an alleged reprisal under this section may not 
     respond to any inquiry or disclose any information from or 
     about any person alleging such reprisal, except in accordance 
     with the provisions of section 552a of title 5, United States 
     Code, or as required by any other applicable Federal law.
       (c) Remedy and Enforcement Authority.--
       (1) Agency action.--Not later than 30 days after receiving 
     an inspector general report under subsection (b), the head of 
     the agency concerned shall determine whether there is 
     sufficient basis to conclude that the non-Federal employer 
     has subjected the complainant to a reprisal prohibited by 
     subsection (a) and shall either issue an order denying relief 
     in whole or in part or shall take 1 or more of the following 
     actions:
       (A) Order the employer to take affirmative action to abate 
     the reprisal.
       (B) Order the employer to reinstate the person to the 
     position that the person held before the reprisal, together 
     with the compensation (including back pay), compensatory 
     damages, employment benefits, and other terms and conditions 
     of employment that would apply to the person in that position 
     if the reprisal had not been taken.
       (C) Order the employer to pay the complainant an amount 
     equal to the aggregate amount of all costs and expenses 
     (including attorneys' fees and expert witnesses' fees) that 
     were reasonably incurred by the complainant for, or in 
     connection with, bringing the complaint regarding the 
     reprisal, as determined by the head of the agency or a court 
     of competent jurisdiction.
       (2) Civil action.--
       (A) In general.--If the head of an agency issues an order 
     denying relief in whole or in part under paragraph (1), has 
     not issued an order within 210 days after the submission of a 
     complaint under subsection (b), or in the case of an 
     extension of time under subsection (b)(2)(B)(i), within 30 
     days after the expiration of the extension of time, or 
     decides under subsection (b)(3) not to investigate or to 
     discontinue an investigation, and there is no showing that 
     such delay or decision is due to the bad faith of the 
     complainant, the complainant shall be deemed to have 
     exhausted all administrative remedies with respect to the 
     complaint, and the complainant may bring a de novo action at 
     law or equity against the employer to seek compensatory 
     damages and other relief available under this section in the 
     appropriate district court of the United States, which shall 
     have jurisdiction over such an action without regard to the 
     amount in controversy. Such an action shall, at the request 
     of either party to the action, be tried by the court with a 
     jury.
       (B) Burdens of proof.--In any action under subparagraph 
     (A), the establishment of the occurrence of a reprisal shall 
     be governed by the provisions of subsection (b)(3)(A), 
     including with respect to burden of proof, and the 
     establishment that an action alleged to constitute a reprisal 
     did not constitute a reprisal shall be subject to the burden 
     of proof specified in subsection (b)(4)(C).
       (3) Judicial enforcement of order.--Whenever a person fails 
     to comply with an order issued under paragraph (1), the head 
     of the agency shall file an action for enforcement of such 
     order in the United States district court for a district in 
     which the reprisal was found to have occurred. In any action 
     brought under this paragraph, the court may grant appropriate 
     relief, including injunctive relief, compensatory and 
     exemplary damages, and attorneys fees and costs.
       (4) Judicial review.--Any person adversely affected or 
     aggrieved by an order issued under paragraph (1) may obtain 
     review of the order's conformance with this subsection, and 
     any regulations issued to carry out this section, in the 
     United States court of appeals for a circuit in which the 
     reprisal is alleged in the order to have occurred. No 
     petition seeking such review may be filed more than 60 days 
     after issuance of the order by the head of the agency. Review 
     shall conform to chapter 7 of title 5, United States Code.
       (d) Nonenforceability of Certain Provisions Waiving Rights 
     and Remedies or Requiring Arbitration of Disputes.--
       (1) Waiver of rights and remedies.--Except as provided 
     under paragraph (3), the rights and remedies provided for in 
     this section may not be waived by any agreement, policy, 
     form, or condition of employment, including by any predispute 
     arbitration agreement.
       (2) Predispute arbitration agreements.--Except as provided 
     under paragraph (3), no predispute arbitration agreement 
     shall be valid or enforceable if it requires arbitration of a 
     dispute arising under this section.
       (3) Exception for collective bargaining agreements.--
     Notwithstanding paragraphs (1) and (2), an arbitration 
     provision in a collective bargaining agreement shall be 
     enforceable as to disputes arising under the collective 
     bargaining agreement.
       (e) Requirement to Post Notice of Rights and Remedies.--Any 
     employer receiving covered funds shall post notice of the 
     rights and remedies provided under this section.
       (f) Rules of Construction.--
       (1) No implied authority to retaliate for non-protected 
     disclosures.--Nothing in this section may be construed to 
     authorize the discharge of, demotion of, or discrimination 
     against an employee for a disclosure other than a disclosure 
     protected by subsection (a) or to modify or derogate from a 
     right or remedy otherwise available to the employee.
       (2) Relationship to state laws.--Nothing in this section 
     may be construed to preempt, preclude, or limit the 
     protections provided for public or private employees under 
     State whistleblower laws.
       (g) Definitions.--In this Act:
       (1) Abuse of authority.--The term ``abuse of authority'' 
     means an arbitrary and capricious exercise of authority by a 
     contracting official or employee that adversely affects the 
     rights of any person, or that results in personal gain or 
     advantage to the official or employee or to preferred other 
     persons.
       (2) Covered funds.--The term ``covered funds'' means any 
     contract, grant, or other

[[Page 3076]]

     payment received by any non-Federal employer if--
       (A) the Federal Government provides any portion of the 
     money or property that is provided, requested, or demanded; 
     and
       (B) at least some of the funds are appropriated or 
     otherwise made available by this Act.
       (3) Employee.--The term ``employee''--
       (A) except as provided under subparagraph (B), means an 
     individual performing services on behalf of an employer; and
       (B) does not include any Federal employee or member of the 
     uniformed services (as that term is defined in section 
     101(a)(5) of title 10, United States Code).
       (4) Non-federal employer.--The term ``non-Federal 
     employer''--
       (A) means any employer--
       (i) with respect to covered funds--

       (I) the contractor, subcontractor, grantee, or recipient, 
     as the case may be, if the contractor, grantee, or recipient 
     is an employer; and
       (II) any professional membership organization, 
     certification or other professional body, any agent or 
     licensee of the Federal government, or any person acting 
     directly or indirectly in the interest of an employer 
     receiving covered funds; or

       (ii) with respect to covered funds received by a State or 
     local government, the State or local government receiving the 
     funds and any contractor or subcontractor of the State or 
     local government; and
       (B) does not mean any department, agency, or other entity 
     of the Federal Government.
       (5) State or local government.--The term ``State or local 
     government'' means--
       (A) the government of each of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Northern Mariana Is 
     Lands, or any other territory or possession of the United 
     States; or
       (B) the government of any political subdivision of a 
     government listed in subparagraph (A).
                                 ______
                                 
  SA 508. Mrs. McCASKILL submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:
       On page 409, strike lines 16 through 19, and insert the 
     following:
       (C) auditing or reviewing covered funds to determine 
     whether wasteful spending, poor contract or grant management, 
     or other abuses are occurring and referring matters the Board 
     considers appropriate for investigation to the inspector 
     general for the agency that disbursed the covered funds;
       On page 410, line 3, insert before the period ``, including 
     coordinating and collaborating to the extent practicable with 
     the Inspectors General Council on Integrity and Efficiency 
     established by the Inspector General Reform Act of 2008 
     (Public Law 110-409)''.
       On page 411, strike lines 1 through 3, and insert ``subject 
     to disclosure under sections 552 and 552a of title 5, United 
     States Code, (commonly referred to as the Freedom of 
     Information Act and the Privacy Act).''
       On page 411, line 20, strike all after ``conduct'' through 
     line 22, and insert ``audits and reviews of spending of 
     covered funds and coordinate on such activities with the 
     inspectors general of the relevant agencies to avoid 
     duplication of work.''.
       On page 411, line 23, strike ``Investigations'' and insert 
     ``Reviews''.
       On page 412, lines 1 and 2, strike ``investigations'' and 
     insert ``reviews''.
       On page 412, line 3, strike ``investigations'' and insert 
     ``reviews''.
       On page 412, line 7, strike ``investigations'' and insert 
     ``reviews''.
       On page 412, lines 16 and 17, strike ``investigative 
     depositions'' and insert ``necessary inquiries''.
       On page 412, strike lines 21 through 23 and insert ``are 
     not Federal officers or employees at such public hearings. 
     Any such subpoenas may be enforced in the same manner as 
     provided for inspector general subpoenas under section 6 of 
     the Inspector General Act of 1978 (5 U.S.C. App.).''.
       On page 413, line 8, strike all after ``audits'' through 
     line 11 and insert ``, reviews, or other activities relating 
     to oversight by the Board of covered funds to any office of 
     inspector general (including for the purpose of a related 
     investigation of an inspector general), the Office of 
     Management and Budget, the General Services Administration, 
     and the Panel.''.
       On page 415, line 20, strike ``a report''.
       On page 415, line 23, strike the period through line 25 and 
     insert ``, a brief statement or notification. The statement 
     or notification shall state the reasons that the inspector 
     general has rejected the request in whole or in part. The 
     decision of the inspector general to reject the request shall 
     be final.''.
       On page 416, strike line 6 and all that follows through 
     page 421, line 4, and insert the following:

     SEC. 1518. PROTECTING STATE AND LOCAL GOVERNMENT AND 
                   CONTRACTOR WHISTLEBLOWERS.

       (a) Prohibition of Reprisals.--An employee of any non-
     Federal employer receiving covered funds may not be 
     discharged, demoted, or otherwise discriminated against as a 
     reprisal for disclosing, including a disclosure made in the 
     ordinary course of an employee's duties, to the Board, an 
     inspector general, the Comptroller General, a member of 
     Congress, a State or Federal regulatory or law enforcement 
     agency, a person with supervisory authority over the employee 
     (or such other person working for the employer who has the 
     authority to investigate, discover, or terminate misconduct), 
     a court or grand jury, the head of a Federal agency, or their 
     representatives information that the employee reasonably 
     believes is evidence of--
       (1) gross mismanagement of an agency contract or grant 
     relating to covered funds;
       (2) a gross waste of covered funds;
       (3) a substantial and specific danger to public health or 
     safety related to the implementation or use of covered funds;
       (4) an abuse of authority related to the implementation or 
     use of covered funds; or
       (5) a violation of law, rule, or regulation related to an 
     agency contract (including the competition for or negotiation 
     of a contract) or grant, awarded or issued relating to 
     covered funds.
       (b) Investigation of Complaints.--
       (1) In general.--A person who believes that the person has 
     been subjected to a reprisal prohibited by subsection (a) may 
     submit a complaint regarding the reprisal to the appropriate 
     inspector general. Except as provided under paragraph (3), 
     unless the inspector general determines that the complaint is 
     frivolous, does not relate to covered funds, or another 
     Federal or State judicial or administrative proceeding has 
     previously been invoked to resolve such complaint, the 
     inspector general shall investigate the complaint and, upon 
     completion of such investigation, submit a report of the 
     findings of the investigation to the person, the person's 
     employer, the head of the appropriate agency, and the Board.
       (2) Time limitations for actions.--
       (A) In general.--Except as provided under subparagraph (B), 
     the inspector general shall, not later than 180 days after 
     receiving a complaint under paragraph (1)--
       (i) make a determination that the complaint is frivolous, 
     does not relate to covered funds, or another Federal or State 
     judicial or administrative proceeding has previously been 
     invoked to resolve such complaint; or
       (ii) submit a report under paragraph (1).
       (B) Extensions.--
       (i) Voluntary extension agreed to between inspector general 
     and complainant.--If the inspector general is unable to 
     complete an investigation under this section in time to 
     submit a report within the 180-day period specified under 
     subparagraph (A) and the person submitting the complaint 
     agrees to an extension of time, the inspector general shall 
     submit a report under paragraph (1) within such additional 
     period of time as shall be agreed upon between the inspector 
     general and the person submitting the complaint.
       (ii) Extension granted by inspector general.--If the 
     inspector general is unable to complete an investigation 
     under this section in time to submit a report within the 180-
     day period specified under subparagraph (A), the inspector 
     general may extend the period for not more than 180 days 
     without agreeing with the person submitting the complaint to 
     such extension, provided that the Inspector General provides 
     a written explanation (subject to the authority to exclude 
     information under paragraph (5)(C)) for the decision, which 
     shall be provided to both the person submitting the complaint 
     and the non-Federal employer.
       (iii) Semi-annual report on extensions.--The inspector 
     general shall include in semi-annual reports to Congress a 
     list of those investigations for which the inspector general 
     received an extension, including a copy of each written 
     explanation provided with respect to extensions under clause 
     (ii).
       (3) Discretion not to investigate complaints.--
       (A) In general.--The inspector general may decide not to 
     conduct or continue an investigation under this section upon 
     providing to the person submitting the complaint and the non-
     Federal employer a written explanation (subject to the 
     authority to exclude information under paragraph (5)(C)) for 
     such decision.
       (B) Assumption of rights to civil remedy.--Upon receipt of 
     an explanation of a decision not to conduct or continue an 
     investigation under subparagraph (A), the person submitting a 
     complaint shall immediately assume the right to a civil 
     remedy under subsection (c)(2) as if the 210-day period 
     specified under such subsection has already passed.
       (C) Semi-annual report.--The inspector general shall 
     include in semi-annual reports to Congress a list of those 
     investigations the inspector general decided not to conduct 
     or continue under this paragraph, including copies of the 
     written explanations for such decisions not to investigate.

[[Page 3077]]

       (4) Burden of proof.--
       (A) Disclosure as contributing factor in reprisal.--
       (i) In general.--A person alleging a reprisal under this 
     section shall be deemed to have affirmatively established the 
     occurrence of the reprisal if the person demonstrates that a 
     disclosure described in subsection (a) was a contributing 
     factor in the reprisal.
       (ii) Use of circumstantial evidence.--A disclosure may be 
     demonstrated as a contributing factor in a reprisal for 
     purposes of this paragraph by circumstantial evidence, 
     including--

       (I) evidence that the official undertaking the reprisal 
     knew of the disclosure; or
       (II) evidence that the reprisal occurred within a period of 
     time after the disclosure such that a reasonable person could 
     conclude that the disclosure was a contributing factor in the 
     reprisal.

       (B) Opportunity for rebuttal.--The inspector general may 
     not find the occurrence of a reprisal with respect to a 
     reprisal that is affirmatively established under subparagraph 
     (A) if the non-Federal employer demonstrates by clear and 
     convincing evidence that the non-Federal employer would have 
     taken the action constituting the reprisal in the absence of 
     the disclosure.
       (5) Access to investigative file of inspector general.--
       (A) In general.--The person alleging a reprisal under this 
     section shall have access to the complete investigation file 
     of the appropriate inspector general in accordance with 
     section 552a of title 5, United States Code (commonly 
     referred to as the ``Privacy Act''). The investigation of the 
     inspector general shall be deemed closed for purposes of 
     disclosure under such section when an employee files an 
     appeal to an agency head or a court of competent 
     jurisdiction.
       (B) Civil action.--In the event the person alleging the 
     reprisal brings suit under subsection (c)(2)(A), the person 
     alleging the reprisal and the non-Federal employer shall have 
     access to the complete investigative file of the Inspector 
     General in accordance with the Privacy Act.
       (C) Exception.--The inspector general may exclude from 
     disclosure--
       (i) information protected from disclosure by a provision of 
     law; and
       (ii) any additional information the inspector general 
     determines disclosure of which would impede a continuing 
     investigation, provided that such information is disclosed 
     once such disclosure would no longer impede such 
     investigation.
       (6) Privacy of information.--An inspector general 
     investigating an alleged reprisal under this section may not 
     respond to any inquiry or disclose any information from or 
     about any person alleging such reprisal, except in accordance 
     with the provisions of section 552a of title 5, United States 
     Code, or as required by any other applicable Federal law.
       (c) Remedy and Enforcement Authority.--
       (1) Agency action.--Not later than 30 days after receiving 
     an inspector general report under subsection (b), the head of 
     the agency concerned shall determine whether there is 
     sufficient basis to conclude that the non-Federal employer 
     has subjected the complainant to a reprisal prohibited by 
     subsection (a) and shall either issue an order denying relief 
     in whole or in part or shall take 1 or more of the following 
     actions:
       (A) Order the employer to take affirmative action to abate 
     the reprisal.
       (B) Order the employer to reinstate the person to the 
     position that the person held before the reprisal, together 
     with the compensation (including back pay), compensatory 
     damages, employment benefits, and other terms and conditions 
     of employment that would apply to the person in that position 
     if the reprisal had not been taken.
       (C) Order the employer to pay the complainant an amount 
     equal to the aggregate amount of all costs and expenses 
     (including attorneys' fees and expert witnesses' fees) that 
     were reasonably incurred by the complainant for, or in 
     connection with, bringing the complaint regarding the 
     reprisal, as determined by the head of the agency or a court 
     of competent jurisdiction.
       (2) Civil action.--
       (A) In general.--If the head of an agency issues an order 
     denying relief in whole or in part under paragraph (1), has 
     not issued an order within 210 days after the submission of a 
     complaint under subsection (b), or in the case of an 
     extension of time under subsection (b)(2)(B)(i), within 30 
     days after the expiration of the extension of time, or 
     decides under subsection (b)(3) not to investigate or to 
     discontinue an investigation, and there is no showing that 
     such delay or decision is due to the bad faith of the 
     complainant, the complainant shall be deemed to have 
     exhausted all administrative remedies with respect to the 
     complaint, and the complainant may bring a de novo action at 
     law or equity against the employer to seek compensatory 
     damages and other relief available under this section in the 
     appropriate district court of the United States, which shall 
     have jurisdiction over such an action without regard to the 
     amount in controversy. Such an action shall, at the request 
     of either party to the action, be tried by the court with a 
     jury.
       (B) Burdens of proof.--In any action under subparagraph 
     (A), the establishment of the occurrence of a reprisal shall 
     be governed by the provisions of subsection (b)(3)(A), 
     including with respect to burden of proof, and the 
     establishment that an action alleged to constitute a reprisal 
     did not constitute a reprisal shall be subject to the burden 
     of proof specified in subsection (b)(4)(C).
       (3) Judicial enforcement of order.--Whenever a person fails 
     to comply with an order issued under paragraph (1), the head 
     of the agency shall file an action for enforcement of such 
     order in the United States district court for a district in 
     which the reprisal was found to have occurred. In any action 
     brought under this paragraph, the court may grant appropriate 
     relief, including injunctive relief, compensatory and 
     exemplary damages, and attorneys fees and costs.
       (4) Judicial review.--Any person adversely affected or 
     aggrieved by an order issued under paragraph (1) may obtain 
     review of the order's conformance with this subsection, and 
     any regulations issued to carry out this section, in the 
     United States court of appeals for a circuit in which the 
     reprisal is alleged in the order to have occurred. No 
     petition seeking such review may be filed more than 60 days 
     after issuance of the order by the head of the agency. Review 
     shall conform to chapter 7 of title 5, United States Code.
       (d) Nonenforceability of Certain Provisions Waiving Rights 
     and Remedies or Requiring Arbitration of Disputes.--
       (1) Waiver of rights and remedies.--Except as provided 
     under paragraph (3), the rights and remedies provided for in 
     this section may not be waived by any agreement, policy, 
     form, or condition of employment, including by any predispute 
     arbitration agreement.
       (2) Predispute arbitration agreements.--Except as provided 
     under paragraph (3), no predispute arbitration agreement 
     shall be valid or enforceable if it requires arbitration of a 
     dispute arising under this section.
       (3) Exception for collective bargaining agreements.--
     Notwithstanding paragraphs (1) and (2), an arbitration 
     provision in a collective bargaining agreement shall be 
     enforceable as to disputes arising under the collective 
     bargaining agreement.
       (e) Requirement to Post Notice of Rights and Remedies.--Any 
     employer receiving covered funds shall post notice of the 
     rights and remedies provided under this section.
       (f) Rules of Construction.--
       (1) No implied authority to retaliate for non-protected 
     disclosures.--Nothing in this section may be construed to 
     authorize the discharge of, demotion of, or discrimination 
     against an employee for a disclosure other than a disclosure 
     protected by subsection (a) or to modify or derogate from a 
     right or remedy otherwise available to the employee.
       (2) Relationship to state laws.--Nothing in this section 
     may be construed to preempt, preclude, or limit the 
     protections provided for public or private employees under 
     State whistleblower laws.
       (g) Definitions.--In this Act:
       (1) Abuse of authority.--The term ``abuse of authority'' 
     means an arbitrary and capricious exercise of authority by a 
     contracting official or employee that adversely affects the 
     rights of any person, or that results in personal gain or 
     advantage to the official or employee or to preferred other 
     persons.
       (2) Covered funds.--The term ``covered funds'' means any 
     contract, grant, or other payment received by any non-Federal 
     employer if--
       (A) the Federal Government provides any portion of the 
     money or property that is provided, requested, or demanded; 
     and
       (B) at least some of the funds are appropriated or 
     otherwise made available by this Act.
       (3) Employee.--The term ``employee''--
       (A) except as provided under subparagraph (B), means an 
     individual performing services on behalf of an employer; and
       (B) does not include any Federal employee or member of the 
     uniformed services (as that term is defined in section 
     101(a)(5) of title 10, United States Code).
       (4) Non-federal employer.--The term ``non-Federal 
     employer''--
       (A) means any employer--
       (i) with respect to covered funds--

       (I) the contractor, subcontractor, grantee, or recipient, 
     as the case may be, if the contractor, grantee, or recipient 
     is an employer; and
       (II) any professional membership organization, 
     certification or other professional body, any agent or 
     licensee of the Federal government, or any person acting 
     directly or indirectly in the interest of an employer 
     receiving covered funds; or

       (ii) with respect to covered funds received by a State or 
     local government, the State or local government receiving the 
     funds and any contractor or subcontractor of the State or 
     local government; and
       (B) does not mean any department, agency, or other entity 
     of the Federal Government.
       (5) State or local government.--The term ``State or local 
     government'' means--
       (A) the government of each of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Northern Mariana Is 
     Lands, or any other territory or possession of the United 
     States; or

[[Page 3078]]

       (B) the government of any political subdivision of a 
     government listed in subparagraph (A).
       On page 421, line 5, strike all through page 422, line 23.
                                 ______
                                 
  SA 509. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 47, line 13, strike ``2010.'' and insert ``2010, of 
     which $150,000,000 shall be used to upgrade high speed 
     research networks, of which $75,000,000 shall be used for 
     connections of research institutions in States participating 
     in the Experimental Program to Stimulate Competitive Research 
     to the national networking infrastructure.''.
                                 ______
                                 
  SA 510. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. 
Baucus) to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on 491, line 15, strike all through page 512, 
     line 11, and insert the following:

                    PART VIII--BROADBAND INCENTIVES

     SEC. 1271. BROADBAND INTERNET ACCESS TAX CREDIT.

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

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

       ``(a) General Rule.--For purposes of section 46, the 
     broadband credit for any taxable year is the sum of--
       ``(1) the current generation broadband credit, plus
       ``(2) the next generation broadband credit.
       ``(b) Current Generation Broadband Credit; Next Generation 
     Broadband Credit.--For purposes of this section--
       ``(1) Current generation broadband credit.--The current 
     generation broadband credit for any taxable year is equal to 
     30 percent of the qualified broadband expenditures incurred 
     with respect to qualified equipment providing current 
     generation broadband services to qualified subscribers and 
     taken into account with respect to such taxable year.
       ``(2) Next generation broadband credit.--The next 
     generation broadband credit for any taxable year is equal to 
     40 percent of the qualified broadband expenditures incurred 
     with respect to qualified equipment providing next generation 
     broadband services to qualified subscribers and taken into 
     account with respect to such taxable year.
       ``(c) When Expenditures Taken Into Account.--For purposes 
     of this section--
       ``(1) In general.--Qualified broadband expenditures with 
     respect to qualified equipment shall be taken into account 
     with respect to the first taxable year in which--
       ``(A) current generation broadband services are provided 
     through such equipment to qualified subscribers, or
       ``(B) next generation broadband services are provided 
     through such equipment to qualified subscribers.
       ``(2) Limitation.--
       ``(A) In general.--Qualified broadband expenditures shall 
     be taken into account under paragraph (1) only with respect 
     to qualified equipment--
       ``(i) the original use of which commences with the 
     taxpayer, and
       ``(ii) which is placed in service, after December 31, 2008, 
     and before January 1, 2011.
       ``(B) Sale-leasebacks.--For purposes of subparagraph (A), 
     if property--
       ``(i) is originally placed in service after December 31, 
     2008, by any person, and
       ``(ii) sold and leased back by such person within 3 months 
     after the date such property was originally placed in 
     service,
     such property shall be treated as originally placed in 
     service not earlier than the date on which such property is 
     used under the leaseback referred to in clause (ii).
       ``(d) Special Allocation Rules.--
       ``(1) Current generation broadband services.--For purposes 
     of determining the current generation broadband credit under 
     subsection (a)(1) with respect to qualified equipment through 
     which current generation broadband services are provided, if 
     the qualified equipment is capable of serving both qualified 
     subscribers and other subscribers, the qualified broadband 
     expenditures shall be multiplied by a fraction--
       ``(A) the numerator of which is the sum of the number of 
     potential qualified subscribers which the equipment is 
     capable of serving with current generation broadband 
     services, and
       ``(B) the denominator of which is the total potential 
     subscriber population of the area which the equipment is 
     capable of serving with current generation broadband 
     services.
       ``(2) Next generation broadband services.--For purposes of 
     determining the next generation broadband credit under 
     subsection (a)(2) with respect to qualified equipment through 
     which next generation broadband services are provided, if the 
     qualified equipment is capable of serving both qualified 
     subscribers and other subscribers, the qualified broadband 
     expenditures shall be multiplied by a fraction--
       ``(A) the numerator of which is the sum of the number of 
     potential qualified subscribers which the equipment is 
     capable of serving with next generation broadband services, 
     and
       ``(B) the denominator of which is the total potential 
     subscriber population of the area which the equipment is 
     capable of serving with next generation broadband services.
       ``(3) Total potential subscriber population.--For purposes 
     of this subsection, the term `total potential subscriber 
     population' means, with respect to any area and based on the 
     most recent census data, the total number of potential 
     subscribers located in such area.
       ``(e) Provision of Services.--A provider shall be treated 
     as providing services to 1 or more subscribers if--
       ``(1) such a subscriber has been passed by the provider's 
     equipment and can be connected to such equipment for a 
     standard connection fee,
       ``(2) the provider is physically able to deliver current 
     generation broadband services or next generation broadband 
     services, as applicable, to such a subscriber without making 
     more than an insignificant investment with respect to such 
     subscriber,
       ``(3) the provider has made reasonable efforts to make such 
     subscribers aware of the availability of such services,
       ``(4) such services have been purchased by 1 or more such 
     subscribers, and
       ``(5) such services are made available to such subscribers 
     at average prices comparable to those at which the provider 
     makes available similar services in any areas in which the 
     provider makes available such services.
       ``(f) Definitions.--For purposes of this section--
       ``(1) Antenna.--The term `antenna' means any device used to 
     transmit or receive signals through the electromagnetic 
     spectrum, including satellite equipment.
       ``(2) Cable operator.--The term `cable operator' has the 
     meaning given such term by section 602(5) of the 
     Communications Act of 1934 (47 U.S.C. 522(5)).
       ``(3) Commercial mobile service carrier.--The term 
     `commercial mobile service carrier' means any person 
     authorized to provide commercial mobile radio service as 
     defined in section 20.3 of title 47, Code of Federal 
     Regulations.
       ``(4) Current generation broadband service.--The term 
     `current generation broadband service' means the transmission 
     of signals at a rate of at least 5,000,000 bits per second to 
     the subscriber and at least 1,000,000 bits per second from 
     the subscriber (at least 3,000,000 bits per second to the 
     subscriber and at least 768,000 bits per second from the 
     subscriber in the case of service through radio transmission 
     of energy).
       ``(5) Next generation broadband service.--The term `next 
     generation broadband service' means the transmission of 
     signals at a rate of at least 100,000,000 bits per second to 
     the subscriber (or its equivalent when the data rate is 
     measured before being compressed for transmission) and at 
     least 20,000,000 bits per second from the subscriber (or its 
     equivalent as so measured) (at least 6,000,000 bits per 
     second to the subscriber (or its equivalent as so measured) 
     and at least 2,000,000 bits per second from the subscriber 
     (or its equivalent as so measured) in the case of service 
     through radio transmission of energy).
       ``(6) Open video system operator.--The term `open video 
     system operator' means any person authorized to provide 
     service under section 653 of the Communications Act of 1934 
     (47 U.S.C. 573).
       ``(7) Other wireless carrier.--The term `other wireless 
     carrier' means any person (other than a telecommunications 
     carrier, commercial mobile service carrier, cable operator, 
     open video system operator, or satellite carrier) providing 
     current generation broadband services or next generation 
     broadband service to subscribers through the radio 
     transmission of energy.
       ``(8) Provider.--The term `provider' means, with respect to 
     any qualified equipment any--
       ``(A) cable operator,
       ``(B) commercial mobile service carrier,
       ``(C) open video system operator,
       ``(D) satellite carrier,
       ``(E) telecommunications carrier, or
       ``(F) other wireless carrier,
     providing current generation broadband services or next 
     generation broadband services to subscribers through such 
     qualified equipment.
       ``(9) Qualified equipment.--

[[Page 3079]]

       ``(A) In general.--The term `qualified equipment' means 
     property with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable and which provides 
     current generation broadband services or next generation 
     broadband services--
       ``(i) at least a majority of the time during periods of 
     maximum demand to each subscriber who is utilizing such 
     services, and
       ``(ii) in a manner substantially the same as such services 
     are provided by the provider to subscribers through equipment 
     with respect to which no credit is allowed under subsection 
     (a)(1).
       ``(B) Only certain investment taken into account.--Except 
     as provided in subparagraph (C) or (D), equipment shall be 
     taken into account under subparagraph (A) only to the extent 
     it--
       ``(i) extends from the last point of switching to the 
     outside of the unit, building, dwelling, or office owned or 
     leased by a subscriber in the case of a telecommunications 
     carrier or broadband-over-powerline operator,
       ``(ii) extends from the customer side of the mobile 
     telephone switching office to a transmission/receive antenna 
     (including such antenna) owned or leased by a subscriber in 
     the case of a commercial mobile service carrier,
       ``(iii) extends from the customer side of the headend to 
     the outside of the unit, building, dwelling, or office owned 
     or leased by a subscriber in the case of a cable operator or 
     open video system operator, or
       ``(iv) extends from a transmission/receive antenna 
     (including such antenna) which transmits and receives signals 
     to or from multiple subscribers, to a transmission/receive 
     antenna (including such antenna) on the outside of the unit, 
     building, dwelling, or office owned or leased by a subscriber 
     in the case of a satellite carrier or other wireless carrier, 
     unless such other wireless carrier is also a 
     telecommunications carrier.
       ``(C) Packet switching equipment.--Packet switching 
     equipment, regardless of location, shall be taken into 
     account under subparagraph (A) only if it is deployed in 
     connection with equipment described in subparagraph (B) and 
     is uniquely designed to perform the function of packet 
     switching for current generation broadband services or next 
     generation broadband services, but only if such packet 
     switching is the last in a series of such functions performed 
     in the transmission of a signal to a subscriber or the first 
     in a series of such functions performed in the transmission 
     of a signal from a subscriber.
       ``(D) Multiplexing and demultiplexing equipment.--
     Multiplexing and demultiplexing equipment shall be taken into 
     account under subparagraph (A) only to the extent it is 
     deployed in connection with equipment described in 
     subparagraph (B) and is uniquely designed to perform the 
     function of multiplexing and demultiplexing packets or cells 
     of data and making associated application adaptions, but only 
     if such multiplexing or demultiplexing equipment is located 
     between packet switching equipment described in subparagraph 
     (C) and the subscriber's premises.
       ``(E) Other definitions.--For purposes of this paragraph--
       ``(i) Packet switching.--The term `packet switching' means 
     controlling or routing the path of a digitized transmission 
     signal which is assembled into packets or cells.
       ``(ii) Multiplexing or demultiplexing.--The term 
     `multiplexing' means the transmission of 2 or more signals 
     over a single channel, and the term `demultiplexing' means 
     the separation of 2 or more signals previously combined by 
     compatible multiplexing equipment.
       ``(10) Qualified broadband expenditure.--
       ``(A) In general.--The term `qualified broadband 
     expenditure' means any amount--
       ``(i) chargeable to capital account with respect to the 
     purchase and installation of qualified equipment (including 
     any upgrades thereto) for which depreciation is allowable 
     under section 168, and
       ``(ii) incurred after December 31, 2008, and before January 
     1, 2011.
       ``(B) Certain satellite expenditures excluded.--Such term 
     shall not include any expenditure with respect to the 
     launching of any satellite equipment.
       ``(C) Leased equipment.--Such term shall include so much of 
     the purchase price paid by the lessor of equipment subject to 
     a lease described in subsection (c)(2)(B) as is attributable 
     to expenditures incurred by the lessee which would otherwise 
     be described in subparagraph (A).
       ``(11) Qualified subscriber.--
       ``(A) In general.--The term `qualified subscriber' means a 
     subscriber with respect to the provision of current 
     generation broadband services or next generation broadband 
     services provided in a rural area or an unserved area.
       ``(B) Other definitions.--For purposes of this paragraph--
       ``(i) Rural area.--The term `rural area' means any census 
     tract which--

       ``(I) is not within 10 miles of any incorporated or census 
     designated place containing more than 25,000 people, and
       ``(II) is not within a county or county equivalent which 
     has an overall population density of more than 500 people per 
     square mile of land.

       ``(ii) Unserved area.--The term `unserved area' means any 
     census tract in which no current generation broadband 
     services are provided, as certified by the State in which 
     such tract is located not later than September 30, 2009.
       ``(12) Satellite carrier.--The term `satellite carrier' 
     means any person using the facilities of a satellite or 
     satellite service licensed by the Federal Communications 
     Commission and operating in the Fixed-Satellite Service under 
     part 25 of title 47 of the Code of Federal Regulations or the 
     Direct Broadcast Satellite Service under part 100 of title 47 
     of such Code to establish and operate a channel of 
     communications for distribution of signals, and owning or 
     leasing a capacity or service on a satellite in order to 
     provide such point-to-multipoint distribution.
       ``(13) Subscriber.--The term `subscriber' means any person 
     who purchases current generation broadband services or next 
     generation broadband services.
       ``(14) Telecommunications carrier.--The term 
     `telecommunications carrier' has the meaning given such term 
     by section 3(44) of the Communications Act of 1934 (47 U.S.C. 
     153(44)), but--
       ``(A) includes all members of an affiliated group of which 
     a telecommunications carrier is a member, and
       ``(B) does not include any commercial mobile service 
     carrier.''.
       (b) Credit to Be Part of Investment Credit.--Section 46 
     (relating to the amount of investment credit), as amended by 
     this Act, is amended by striking ``and'' at the end of 
     paragraph (4), by striking the period at the end of paragraph 
     (5) and inserting ``, and'', and by adding at the end the 
     following:
       ``(6) the broadband Internet access credit.''
       (c) Special Rule for Mutual or Cooperative Telephone 
     Companies.--Section 501(c)(12)(B) (relating to list of exempt 
     organizations) is amended by striking ``or'' at the end of 
     clause (iii), by striking the period at the end of clause 
     (iv) and inserting ``, or'', and by adding at the end the 
     following new clause:
       ``(v) from the sale of property subject to a lease 
     described in section 48D(c)(2)(B), but only to the extent 
     such income does not in any year exceed an amount equal to 
     the credit for qualified broadband expenditures which would 
     be determined under section 48D for such year if the mutual 
     or cooperative telephone company was not exempt from taxation 
     and was treated as the owner of the property subject to such 
     lease.''.
       (d) Conforming Amendments.--
       (1) Section 49(a)(1)(C), as amended by this Act, is amended 
     by striking ``and'' at the end of clause (iv), by striking 
     the period at the end of clause (v) and inserting ``, and'', 
     and by adding after clause (v) the following new clause:
       ``(vi) the portion of the basis of any qualified equipment 
     attributable to qualified broadband expenditures under 
     section 48D.''.
       (2) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by inserting after the item relating to section 48C the 
     following:

``Sec. 48D. Broadband internet access credit''.

       (e) Designation of Census Tracts.--The Secretary of the 
     Treasury shall, not later than 90 days after the date of the 
     enactment of this Act, designate and publish those census 
     tracts meeting the criteria described in subsections (d)(2), 
     (f)(B)(i), and (f)(B)(ii) of section 48D of the Internal 
     Revenue Code of 1986 (as added by this section). In making 
     such designations, the Secretary of the Treasury shall 
     consult with such other departments and agencies as the 
     Secretary determines appropriate.
       (f) Other Regulatory Matters.--
       (1) Prohibition.--No Federal or State agency or 
     instrumentality shall adopt regulations or ratemaking 
     procedures that would have the effect of eliminating or 
     reducing any credit or portion thereof allowed under section 
     48D of the Internal Revenue Code of 1986 (as added by this 
     section) or otherwise subverting the purpose of this section.
       (2) Treasury regulatory authority.--It is the intent of 
     Congress in providing the broadband Internet access credit 
     under section 48D of the Internal Revenue Code of 1986 (as 
     added by this section) to provide incentives for the 
     purchase, installation, and connection of equipment and 
     facilities offering expanded broadband access to the Internet 
     for users in certain low income and rural areas of the United 
     States, as well as to residential users nationwide, in a 
     manner that maintains competitive neutrality among the 
     various classes of providers of broadband services. 
     Accordingly, the Secretary of the Treasury shall prescribe 
     such regulations as may be necessary or appropriate to carry 
     out the purposes of section 48D of such Code, including--
       (A) regulations to determine how and when a taxpayer that 
     incurs qualified broadband expenditures satisfies the 
     requirements of section 48D of such Code to provide broadband 
     services, and
       (B) regulations describing the information, records, and 
     data taxpayers are required to provide the Secretary to 
     substantiate compliance with the requirements of section 48D 
     of such Code.
       (g) Effective Date.--The amendments made by this section 
     shall apply to expenditures incurred after December 31, 2008.

[[Page 3080]]


                                 ______
                                 
  SA 511. Mr. CRAPO submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 73, at the end of line 9, insert the following:
       Provided further, That from within available funds, $60 
     million will be made available for infrastructure investments 
     to support the national laboratories Smart Grid and related 
     grid equipment testing activities.
                                 ______
                                 
  SA 512. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 431, between lines 8 and 9, insert the following:
       Sec. 1607.  Section 206.101 of title 44, Code of Federal 
     Regulations, is amended--
       (1) in the section heading by striking ``DECLARED ON OR 
     BEFORE OCTOBER 14, 2002''; and
       (2) in subsection (a), by striking ``declared on or before 
     October 14, 2002''.
                                 ______
                                 
  SA 513. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) 
to the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 51, line 5, insert ``(as defined in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b))'' after ``Indian tribe''.
                                 ______
                                 
  SA 514. Mr. ROCKEFELLER (for himself and Mrs. Hutchison) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
ending September 30, 2009, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place insert the following:


                    FEDERAL AVIATION ADMINISTRATION

                          NEXTGEN ACCELERATION

       For grants or other agreements to accelerate the transition 
     to the Next Generation Air Transportation System by 
     accelerating deployment of ground infrastructure for 
     Automatic Dependent Surveillance--Broadcast, by accelerating 
     development of procedures and routes that support 
     performance-based air navigation, to incentivize aircraft 
     equipage to use such infrastructure and procedures and 
     routes, and for additional agency administrative costs 
     associated with the certification and oversight of the 
     deployment of these systems, $275,000,000, to remain 
     available until September 30, 2010: Provided, That the 
     Administrator of the Federal Aviation Administration shall 
     use the authority under section 106(l)(6) of title 49, United 
     States Code, to make such grants or agreements: and Provided 
     further, That, with respect to any incentives for equipage, 
     the Federal share of the costs shall be no more than 50 
     percent.


                              (rescission)

       Of the amounts authorized under sections 48103 and 48112 of 
     title 49, United States Code, $275,000,000 are permanently 
     rescinded from amounts authorized for the fiscal year ending 
     September 30, 2009.
                                 ______
                                 
  SA 515. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 625, after line 23, insert the following:
       (c) Elimination of Premium Subsidy for High-Income 
     Individuals.--
       (1) In general.--Notwithstanding subsection (b)(3), an 
     individual who is a covered employee (and any qualified 
     beneficiary of such employee) shall not be treated as an 
     assistance eligible individual for purposes of this section 
     and section 6432 of the Internal Revenue Code of 1986 if the 
     individual's assets exceed $1,000,000, as determined under 
     guidelines issued by the Secretary of the Treasury.
       (2) Recapture of subsidy.--If a covered employee's assets 
     for a year in which the employee receives a subsidy under 
     subsection (b) exceeds the applicable limit under paragraph 
     (1) then the covered employee's tax imposed by chapter 1 of 
     the Internal Revenue Code of 1986 for such taxable year shall 
     be increased by the amount of such assistance.
       (3) Notice of income tests.--Each person required to 
     provide a notice under subsection (b)(7)(A) shall include 
     with such notice a statement that--
       (A) an individual shall not be eligible for the subsidy 
     under subsection (b)(1)(A) if the individual's assets exceed 
     the limit under paragraph (1); and
       (B) if the individual receives any subsidy the individual 
     is not entitled to by reason of such excess assets, the 
     individual's tax liability for such taxable year shall be 
     increased by the amount of that subsidy.
       (4) Covered employee; qualified beneficiary.--For purposes 
     of this subsection, the terms ``covered employee'' and 
     ``qualified beneficiary'' have the meanings given such terms 
     by section 4980B of the Internal Revenue Code of 1986.
                                 ______
                                 
  SA 516. Mr. GRASSLEY (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 625, after line 23, insert the following:
       (c) Elimination of Premium Subsidy for High-Income 
     Individuals.--
       (1) In general.--Notwithstanding subsection (b)(3), an 
     individual who is a covered employee (and any qualified 
     beneficiary of such employee) shall not be treated as an 
     assistance eligible individual for purposes of this section 
     and section 6432 of the Internal Revenue Code of 1986 
     unless--
       (A) the covered employee's modified adjusted gross income 
     for the last taxable year beginning in 2008 does not exceed--
       (i) $125,000 in the case of an individual whose filing 
     status for purposes of the income tax imposed by chapter 1 of 
     such Code is described in subsection (c) or (d) of section 1 
     of such Code (relating to certain unmarried individuals and 
     married individuals filing separate returns), and
       (ii) $250,000 in the case of an individual whose filing 
     status for purposes of the income tax imposed by chapter 1 of 
     such Code is described in subsection (a) or (b) of section 1 
     of such Code (relating to married individuals filing joint 
     returns and surviving spouses and heads of households), and
       (B) the covered employee provides to the entity to whom 
     premiums are reimbursed under section 6432(a) of such Code a 
     written certification meeting the requirements of paragraph 
     (2).
       (2) Certification requirements.--A certification meets the 
     requirements of this paragraph if such certification 
     contains--
       (A) the name and social security number of the covered 
     employee, and
       (B) an attestation that the covered employee is eligible to 
     receive the subsidy under subsection (b) because the covered 
     employee's modified adjusted gross income for the last 
     taxable year beginning in 2008 is less than the applicable 
     limit under paragraph (1)(A).

     The entity receiving such certification shall maintain it in 
     their records for at least 3 years after its receipt.
       (3) Recapture of subsidy.--If--
       (A) a covered employee's modified adjusted gross income for 
     the last taxable year beginning in 2008 exceeds the 
     applicable limit under paragraph (1)(A), and
       (B) the covered employee (or any qualified beneficiary) 
     received any premium assistance under this section for 1 or 
     more months in a taxable year with respect to any COBRA 
     continuation coverage,

     then the covered employee's tax imposed by chapter 1 of such 
     Code for such taxable year shall be increased by the amount 
     of such assistance.
       (4) Provision of tin to secretary.--Section 6432(e)(1) of 
     the Internal Revenue Code

[[Page 3081]]

     of 1986, as added by subsection (b)(12), is amended by 
     striking ``and'' at the end of subparagraph (A), by striking 
     the period at the end of subparagraph (B) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(C) a report containing the TINs of all covered 
     employees, the amount of subsidy reimbursed with respect to 
     each covered employee and qualified beneficiaries, and a 
     designation with respect to each covered employee as to 
     whether the subsidy reimbursement is for coverage of 1 
     individual or 2 or more individuals.''.
       (5) Modified adjusted gross income.--For purposes of this 
     subsection, the term ``modified adjusted gross income'' means 
     the adjusted gross income (as defined in section 62 of the 
     Internal Revenue Code of 1986) of the taxpayer for the 
     taxable year increased by any amount excluded from gross 
     income under section 911, 931, or 933 of such Code.
       (6) Covered employee; qualified beneficiary.--For purposes 
     of this subsection, the terms ``covered employee'' and 
     ``qualified beneficiary'' have the meanings given such terms 
     by section 4980B of such Code.
                                 ______
                                 
  SA 517. Ms. SNOWE (for herself and Ms. Landrieu) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 105, between lines 3 and 4, insert the following:

     SEC. 505. SMALL BUSINESS PARTICIPATION.

       (a) Small Business Innovation Research Program.--Any 
     Federal agency required to participate in the Small Business 
     Innovation Research Program, as that term is defined in 
     section 9(e)(4) of the Small Business Act (15 U.S.C. 
     638(e)(4)), that receives funds under this Act for extramural 
     research and development related to technology and innovation 
     shall expend not less than 2.5 percent of such funds with 
     small business concerns, in accordance with section 
     9(f)(1)(C) of such Act (15 U.S.C. 638(f)(1)(C)).
       (b) Small Business Technology Transfer Program.--Any 
     Federal agency required to participate in the Small Business 
     Technology Transfer Program, as that term is defined in 
     section 9(e)(6) of the Small Business Act (15 U.S.C. 
     638(e)(6)), that receives funds under this Act for extramural 
     research and development related to technology and innovation 
     shall expend not less than 0.3 percent of such funds with 
     small business concerns, in accordance with section 
     9(n)(1)(B)(ii) of such Act (15 U.S.C. 638(n)(1)(B)(ii).
                                 ______
                                 
  SA 518. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 470, after line 23, insert the following:

                      PART VII--ALTERNATIVE FUELS

     SEC. 1171. EXTENSION OF ALCOHOL, ALCOHOL MIXTURE, ALTERNATIVE 
                   FUEL, ALTERNATIVE FUEL MIXTURE, BIODIESEL, AND 
                   RENEWABLE DIESEL FUEL CREDITS.

       (a) Extension.--
       (1) Alternative fuel credit.--Paragraph (5) of section 
     6426(d) is amended by striking ``December 31, 2009'' and all 
     that follows and inserting ``December 31, 2014 (December 31, 
     2009, in the case of any sale or use involving a fuel 
     described in paragraph (2)(E)).''.
       (2) Alternative fuel mixture credit.--Paragraph (3) of 
     section 6426(e) is amended by striking ``December 31, 2009'' 
     and all that follows and inserting ``December 31, 2014 
     (December 31, 2009, in the case of any sale or use involving 
     a fuel described in subsection (d)(2)(E)).''.
       (3) Alternative fuel and alternative fuel mixture 
     payments.--Subparagraph (C) of section 6427(e)(6) is amended 
     by striking ``December 31, 2009'' and inserting ``December 
     31, 2014 (December 31, 2009, in the case of a fuel described 
     in section 6426(d)(2)(E))''.
       (4) Biodiesel and renewable diesel fuel credits.--Sections 
     40A(g), 6426(c)(6), and 6427(e)(6)(B) are each amended by 
     striking ``December 31, 2009'' and inserting ``December 31, 
     2014''.
       (5) Alcohol fuel credits.--
       (A) Section 40(e)(1)(A) is amended by striking ``December 
     31, 2010'' and inserting ``December 31, 2014''.
       (B) Section 40(e)(1)(B) is amended by striking ``January 1, 
     2011'' and inserting ``January 1, 2015''.
       (C) Section 6426(b)(6) is amended by striking ``December 
     31, 2010'' and inserting ``December 31, 2014''.
       (D) Section 6427(e)(6)(A) is amended by striking ``December 
     31, 2010'' and inserting ``December 31, 2014''.
       (b) Conforming Amendment.--The table contained in section 
     40(h)(2) is amended by striking ``2010'' in the last item and 
     inserting ``2014''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 1172. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL 
                   MOTOR VEHICLE CREDIT.

       (a) Extension.--Paragraph (4) of section 30B(j) is amended 
     by striking ``December 31, 2010'' and inserting ``December 
     31, 2014''.
       (b) Inclusion of Bifuel Vehicles.--Clause (i) of section 
     30B(e)(4)(A) is amended to read as follows:
       ``(i) which--

       ``(I) is only capable of operating on an alternative fuel, 
     or
       ``(II) is capable of operating on alternative fuel and (but 
     not in combination with) gasoline or diesel fuel, if such 
     vehicle has an operating range of not less than 200 miles in 
     all cases when operating on alternative fuel,''.

       (c) Increase in Applicable Percentage and Application to 
     Bifuel Vehicles.--
       (1) In general.--Paragraph (2) of section 30B(e) is amended 
     to read as follows:
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage with respect to any new 
     qualified alternative fuel motor vehicle is--
       ``(A) in the case of a vehicle described in paragraph 
     (4)(A)(i)(I), 80 percent, and
       ``(B) in the case of a vehicle described in paragraph 
     (4)(A)(i)(II), 50 percent.''.
       (2) Application to mixed-fuel vehicles.--Subparagraph (A) 
     of section 30B(e)(5) is amended by inserting ``described in 
     paragraph (4)(A)(i)(I)'' after ``qualified alternative fuel 
     motor vehicle'' each place it appears in clauses (i) and 
     (ii).
       (d) Increase in Incremental Cost Limits.--Paragraph (3) of 
     section 30B(e) is amended--
       (1) by striking ``$5,000'' in subparagraph (A) and 
     inserting ``$12,500'',
       (2) by striking ``$10,000'' in subparagraph (B) and 
     inserting ``$20,000'',
       (3) by striking ``$25,000'' in subparagraph (C) and 
     inserting ``$50,000'', and
       (4) by striking ``$40,000'' in subparagraph (D) and 
     inserting ``$80,000''.
       (e) Transferability of Credit.--Subsection (h) of section 
     30B is amended by adding at the end the following new 
     paragraph:
       ``(11) Transferability of credit.--
       ``(A) In general.--A taxpayer may transfer the credit 
     allowed under this section by reason of subsection (e) 
     through an assignment to any person. Such transfer may be 
     revoked only with the consent of the Secretary.
       ``(B) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to ensure that any credit 
     transferred under subparagraph (A) is claimed once and not 
     reassigned by such other person.''.
       (f) 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. 1173. ALLOWANCE OF ALTERNATIVE FUEL MOTOR VEHICLE 
                   CREDITS AGAINST AMT.

       (a) Business Credit.--Subparagraph (B) of section 38(c)(4), 
     as amended by this Act, is amended--
       (1) by striking ``and'' at the end of clause (viii),
       (2) by striking the period at the end of clause (ix) and 
     inserting ``, and'', and
       (3) by adding at the end the following new clause:
       ``(x) the portion of the credit determined under section 
     30B by reason of subsection (e).''.
       (b) Personal Credit.--
       (1) In general.--Subsection (g) of section 30B is amended 
     by adding at the end the following new paragraph:
       ``(3) Special rule for new qualified alternative fuel motor 
     vehicles.--In the case of the portion of the credit 
     determined under subsection (a) by reason of subsection (e)--
       ``(A) this subsection shall be applied separately with 
     respect to such portion, and
       ``(B) such portion of such credit allowed (after the 
     application of paragraph (1)) for any taxable year shall not 
     exceed the excess (if any) of--
       ``(i) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tentative minimum tax for the taxable 
     year, reduced by
       ``(ii) the sum of the credits allowable under subpart A and 
     sections 27 and 30 for such taxable year.''.
       (2) Conforming amendment.--Paragraph (2) of section 30B(g) 
     is amended by striking ``The credit'' and inserting ``Except 
     as provided in paragraph (3), the credit''.
       (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.
                                 ______
                                 
  SA 519. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 98 proposed by Mr.

[[Page 3082]]

Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 4, line 24, before the period at the end, insert 
     ``; Provided, That priority for use of these loan funds shall 
     be given to providing credit to eligible borrowers on their 
     existing operations (including crop and livestock operations 
     and facilities) for uses (except in the case of small farms 
     and beginning and socially disadvantaged farmers and 
     ranchers) that do not increase production capacity 
     significantly in segments of agriculture in which the cost of 
     production significantly exceeds current prices received by 
     agricultural producers, as determined by the Secretary''.
                                 ______
                                 
  SA 520. Mr. KOHL (for himself, Mr. Hatch, and Mr. Bennet) submitted 
an amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 357, strike line 1 and all that follows 
     through line 12 on page 359, and insert the following:
       ``(1) In general.--In applying section 164.528 of title 45, 
     Code of Federal Regulations, in the case that a covered 
     entity uses or maintains an electronic health record with 
     respect to protected health information--
       ``(A) the exception under paragraph (a)(1)(i) of such 
     section shall not apply to disclosures through an electronic 
     health record made by such entity of such information, except 
     that the Secretary shall exempt accounting for those 
     disclosures where the Secretary determines that such 
     accounting is unnecessary; and
       ``(B) an individual shall have a right to receive an 
     accounting of disclosures described in such paragraph of such 
     information made by such covered entity during only the three 
     years prior to the date on which the accounting is requested.
       ``(2) Regulations.--The Secretary shall promulgate 
     regulations on what disclosures must be included in an 
     accounting referred to in paragraph (1)(A) and what 
     information must be collected about each such disclosure not 
     later than 18 months after the date on which the Secretary 
     adopts standards on accounting for disclosure described in 
     the section 3002(b)(2)(B)(iv) of the Public Health Service 
     Act, as added by section 13101. Such regulations shall only 
     require such information to be collected through an 
     electronic health record in a manner that takes into account 
     the interests of individuals in learning when their protected 
     health information was disclosed and to whom it was 
     disclosed, and the usefulness of such information to the 
     individual, and takes into account the administrative and 
     cost burden of accounting for such disclosures.
       ``(3) Construction.--Nothing in this subsection shall be 
     construed as--
       ``(A) requiring a covered entity to account for disclosures 
     of protected health information that are not made by such 
     covered entity; or
       ``(B) requiring a business associate of a covered entity to 
     account for disclosures of protected health information that 
     are not made by such business associate.
       ``(4) Reasonable fee.--A covered entity may impose a 
     reasonable fee on an individual for an accounting performed 
     under paragraph (1)(B). Any such fee shall not be greater 
     than the entity's labor costs in responding to the request.
       ``(5) Effective date.--
       ``(A) Current users of electronic records.--In the case of 
     a covered entity insofar as it acquired an electronic health 
     record as of January 1, 2009, paragraph (1) shall apply to 
     disclosures, with respect to protected health information, 
     made by the covered entity from such a record on and after 
     January 1, 2014.
       ``(B) Others.--In the case of a covered entity insofar as 
     it acquires an electronic health record after January 1, 
     2010, paragraph (1) shall apply to disclosures, with respect 
     to protected health information, made by the covered entity 
     from such record on and after the later of the following:
       ``(i) January 1, 2011; or
       ``(ii) the date that it acquires an electronic health 
     record.
       ``(C) Later date.--The Secretary may set an effective date 
     that is later that the date specified under subparagraph (A) 
     or (B) if the Secretary determines that such later date it 
     necessary.''.
                                 ______
                                 
  SA 521. Mr. KOHL (for himself and Mr. Feingold) submitted an 
amendment intended to be proposed to amendment SA 98 proposed by Mr. 
Inouye (for himself and Mr. Baucus) to the bill H.R. 1, making 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 357, strike line 1 and all that follows 
     through line 12 on page 359, and insert the following:
       ``(1) In general.--In applying section 164.528 of title 45, 
     Code of Federal Regulations, in the case that a covered 
     entity uses or maintains an electronic health record with 
     respect to protected health information--
       ``(A) the exception under paragraph (a)(1)(i) of such 
     section shall not apply to disclosures through an electronic 
     health record made by such entity of such information; and
       ``(B) an individual shall have a right to receive an 
     accounting of disclosures described in such paragraph of such 
     information made by such covered entity during only the three 
     years prior to the date on which the accounting is requested.
       ``(2) Regulations.--The Secretary shall promulgate 
     regulations on what disclosures must be included in an 
     accounting referred to in paragraph (1)(A) and what 
     information must be collected about each such disclosure not 
     later than 18 months after the date on which the Secretary 
     adopts standards on accounting for disclosure described in 
     the section 3002(b)(2)(B)(iv) of the Public Health Service 
     Act, as added by section 13101. Such regulations shall only 
     require such information to be collected through an 
     electronic health record in a manner that takes into account 
     the interests of individuals in learning when their protected 
     health information was disclosed and to whom it was 
     disclosed, and the usefulness of such information to the 
     individual, and takes into account the administrative and 
     cost burden of accounting for such disclosures.
       ``(3) Construction.--Nothing in this subsection shall be 
     construed as--
       ``(A) requiring a covered entity to account for disclosures 
     of protected health information that are not made by such 
     covered entity; or
       ``(B) requiring a business associate of a covered entity to 
     account for disclosures of protected health information that 
     are not made by such business associate.
       ``(4) Reasonable fee.--A covered entity may impose a 
     reasonable fee on an individual for an accounting performed 
     under paragraph (1)(B). Any such fee shall not be greater 
     than the entity's labor costs in responding to the request.
       ``(5) Effective date.--
       ``(A) Current users of electronic records.--In the case of 
     a covered entity insofar as it acquired an electronic health 
     record as of January 1, 2009, paragraph (1) shall apply to 
     disclosures, with respect to protected health information, 
     made by the covered entity from such a record on and after 
     January 1, 2014.
       ``(B) Others.--In the case of a covered entity insofar as 
     it acquires an electronic health record after January 1, 
     2010, paragraph (1) shall apply to disclosures, with respect 
     to protected health information, made by the covered entity 
     from such record on and after the later of the following:
       ``(i) January 1, 2011; or
       ``(ii) the date that it acquires an electronic health 
     record.
       ``(C) Later date.--The Secretary may set an effective date 
     that is later that the date specified under subparagraph (A) 
     or (B) if the Secretary determines that such later date it 
     necessary.''.
       On page 56, between lines 23 and 24, insert the following:
       (11) In establishing obligations under paragraph (8), the 
     Assistant Secretary shall allow for reasonable network 
     management practices such as deterring unlawful activity, 
     including child pornography and copyright infringement.
                                 ______
                                 
  SA 522. Mrs. FEINSTEIN submitted (for herself and Mr. Corker) 
submitted an amendment intended to be proposed to amendment SA 98 
proposed by Mr. Inouye (for himself and Mr. Baucus) to the bill H.R. 1, 
making supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization, for fiscal 
year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 56, between lines 23 and 24, insert the following:
       (11) In establishing obligations under paragraph (8), the 
     Assistant Secretary shall allow for reasonable network 
     management practices such as deterring unlawful activity, 
     including child pornography and copyright infringement.

[[Page 3083]]


                                 ______
                                 
  SA 523. Mr. REID (for Mr. Kennedy) submitted an amendment intended to 
be proposed to amendment SA 98 proposed by Mr. Inouye (for himself and 
Mr. Baucus) to the bill H.R. 1, making supplemental appropriations for 
job preservation and creation, infrastructure investment, energy 
efficiency and science, assistance to the unemployed, and State and 
local fiscal stabilization, for fiscal year ending September 30, 2009, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 541, after line 20, insert the following:

     SEC. ___. QUALIFIED COMMUNITY HEALTH CENTER BONDS.

       (a) Qualified Community Health Center Bonds Treated as 
     State and Local Bonds.--
       (1) In general.--Section 150 is amended by adding at the 
     end the following new subsection :
       ``(f) Qualified Community Health Center Bond.--For purposes 
     of this part and section 103--
       ``(1) Treatment as state or local bond.--A qualified 
     community health center bond shall be treated as a State or 
     local bond.
       ``(2) Qualified community health center bond defined.--The 
     term `qualified community health center bond' means a bond 
     issued as part of an issue by a qualified community health 
     issuer 95 percent or more of the net proceeds of which are to 
     be used by a qualified community health organization to 
     finance capital expenditures with respect to a qualified 
     community health facility.
       ``(3) Qualified community health organization defined.--A 
     qualified community health organization is an organization 
     which--
       ``(A) is described in section 501(c)(3) and exempt from tax 
     under section 501(a),
       ``(B) is incorporated in a State in which at least one 
     qualified community health facility owned by such 
     organization is located, and
       ``(C) constitutes a health center within the meaning of 
     section 330 of the Public Health Service Act.
       ``(4) Qualified community health issuer defined.--The term 
     `qualified community health issuer' means an entity--
       ``(A) which is established and owned exclusively by the 
     National Association of Community Health Centers,
       ``(B) which is disregarded under section 7701 as an entity 
     separate from the National Association of Community Health 
     Centers, and
       ``(C) one of the primary purposes of which, as set forth in 
     the documents relating to its formation, is to issue 
     qualified community health center bonds.
       ``(5) Qualified community health facility defined.--The 
     term `qualified community health facility' means property 
     owned and used by a qualified community health organization 
     to provide health care services to all residents who request 
     the provision of health care services the operation of which 
     is subject to sections 330 and 330A of the Public Health 
     Service Act.
       ``(6) Treatment of issuer as other than taxable mortgage 
     pool.--Neither the National Association of Community Health 
     Centers, nor a qualified community health issuer, nor any 
     portion thereof shall be treated as a taxable mortgage pool 
     under section 7701(i) with respect to any issue of qualified 
     community health center bonds.''.
       (2) Coordination with public approval requirement.--
     Subsection (f) of section 147 is amended by adding at the end 
     the following new paragraph:
       ``(5) Special rules for qualified community health center 
     bonds.--In the case of a qualified community health center 
     bond, any governmental unit in which the qualified community 
     health facility financed by the qualified community health 
     center bonds is located may be treated for purposes of 
     paragraph (2) as the governmental unit on behalf of which 
     such qualified community health center bonds are issued.''.
       (3) No federal guarantee.--Subparagraph (A) of section 
     149(b)(3) is amended by striking ``or'' at the end of clause 
     (iii), by striking the period at the end of clause (iv) and 
     inserting ``, or'' and by adding at the end the following new 
     clause:
       ``(v) any guarantee of a qualified community health center 
     bond for a qualified community health facility which is made 
     under title XVI of the Public Health Service Act (or a 
     renewal or extension of a guarantee so made).''.
       (4) Effective date.--The amendments made by this section 
     shall apply to bonds issued after the date of the enactment 
     of this Act.
       (b) Loans and Loan Guarantees Under the Public Health 
     Service Act.--
       (1) Authority for loans and loan guarantees.--Section 1601 
     of the Public Health Service Act (42 U.S.C. 300q) is 
     amended--
       (A) in subsection (a)(2), by adding at the end the 
     following:
       ``(C) In addition to authorizing loan guarantees, the 
     Secretary may--
       ``(i) guarantee tax exempt bonds for the purpose of 
     financing a project of a health center that receives funding 
     under section 330 located in or serving an area determined by 
     the Secretary to be a medically underserved area or serving a 
     special medically underserved population as defined in such 
     section 330 (referred to in this section as a `health center 
     project'), and
       ``(ii) use of such authorized guarantees for health center 
     projects in conjunction with any credits allowed under the 
     Internal Revenue Code of 1986, for such health center 
     project.'';
       (B) in subsection (b)--
       (i) by striking ``The principal amount of'' and inserting 
     ``(1) Subject to paragraph (2), the principal amount of''; 
     and
       (ii) by adding at the end the following:
       ``(2) Notwithstanding paragraph (1), a guarantee of a loan 
     or tax exempt bond issued for the purpose of financing a 
     health center project, as defined in subsection (a)(2)(C), 
     shall cover up to 100 per centum of the principal amount and 
     interest due on such guaranteed loan or tax exempt bond.'';
       (C) by redesignating subsection (d) as subsection (e);
       (D) by inserting after subsection (c) the following:
       ``(d) No State (including any State or local government 
     authority with the power to tax) receiving funds under a 
     Federal health care program (as defined under section 
     1128B(f) of the Social Security Act), may impose a tax with 
     respect to interest earned on bonds issued under this 
     section.''.
       (2) General provisions relating to loan guarantees and 
     loans.--Section 1602 of the Public Health Service Act (42 
     U.S.C. 300q-2) is amended--
       (A) in subsection (a)(2)--
       (i) by redesignating subparagraph (D) as subparagraph (H);
       (ii) in subparagraph (B), by striking ``subparagraph (D)'' 
     and inserting ``subparagraph (H)''; and
       (iii) by inserting after subparagraph (C) the following:
       ``(D) The Secretary shall approve, not later than 30 
     calendar days of receipt, an application for a loan or a tax 
     exempt bond guarantee submitted by a health center for a 
     health center project (as defined in section 1601q(a)(2)(C)), 
     that is eligible for such guarantee, provided that the health 
     center has certified, to the best of its knowledge, and 
     consistent with its annual audit and such application, that 
     the health center has satisfied or will comply with each of 
     the following criteria:
       ``(i) The health center has for at least two out of last 
     three fiscal years (on the basis of accrual accounting) 
     received more in revenue (including the amount of Federal 
     funds in any section 330 grants made in each year to the 
     health center and all other revenue of any kind received by 
     the health center in each year) than the expenses of the 
     health center in each year.
       ``(ii) The health center will contribute at least 20 per 
     centum equity to the project in the form of cash 
     contributions (from cash reserves, grants or capital campaign 
     proceeds), equity derived as a result of tax credits (which 
     may be structured as debt during the tax credit compliance 
     period) or other forms of equity-like contributions.
       ``(iii)(I) As measured at the fiscal year end of its most 
     recent fiscal year and on a current year-to-date basis, the 
     health center's days cash on hand, including Federal grant 
     funds available for drawdown, must have been/be greater than 
     30 days.
       ``(II) In this clause, `days cash on hand' shall be 
     calculated on an accrual accounting basis according to the 
     following formula: The sum of unrestricted cash and 
     investments divided by total operating expenses minus 
     depreciation divided by 360.
       ``(iv)(I) The health center's debt service coverage ratio 
     on a projected basis will not be less than 1.10X in any year.
       ``(II) In this clause, `debt service coverage ratio' shall 
     be calculated as the sum of net assets plus interest expense 
     plus depreciation expense divided by the sum of debt service 
     and capitalized interest payments due during the period.
       ``(v)(I) The health center has reasonably projected a 
     leverage ratio (as measured after the first full year of the 
     new/improved facility's operation) less than 3.0X.
       ``(II) In this clause, `leverage ratio' shall be calculated 
     as total liabilities less new markets tax credit (authorized 
     under section 45D(f) of the Internal Revenue Code of 1986) or 
     similar debt components, if any, divided by total net assets.
       ``(E)(i) Not later than 30 calendar days after the receipt 
     of a health center's application and certification under 
     subparagraph (D), the Secretary shall send a letter to the 
     health center notifying it that the application has been 
     approved, unless within such 30-day period the Secretary--
       ``(I) notifies the health center in writing as to why the 
     Secretary reasonably believes any or all of the foregoing 
     criteria are not met; and
       ``(II) provides the health center the opportunity to submit 
     comments within 30 calendar days of receipt of such notice.
       ``(ii) Not later than 30 calendar days from the date of 
     receipt of such comments, the Secretary shall provide a final 
     decision in writing regarding the comments submitted by the 
     applicant, including sufficient justification for the 
     Secretary's decision.

[[Page 3084]]

       ``(F) The Secretary may approve an application for a loan 
     or a tax exempt bond guarantee submitted by a health center 
     for a health center project (as defined in section 
     1601(a)(2)(C)) that is eligible for such guarantee and which 
     deviates from the criteria set forth in clauses (i) through 
     (v) of subparagraph (D), provided that the Secretary 
     determines that such deviation is not material or that the 
     health center has provided sufficient explanation or 
     justification for such deviation.
       ``(G)(i) Upon approval of a loan or tax exempt bond 
     guarantee for a health center project eligible for such 
     guarantee, the Secretary shall charge such health center a 
     closing fee of 50 basis points, which will be put into a 
     reserve fund to cover direct administrative costs of the 
     program and to fund a loan loss reserve to support the 
     guarantee program. Thereafter, the Secretary shall charge 
     those health centers with loans or tax exempt bonds 
     guaranteed through the program an annual fee of 50 basis 
     points, calculated based on the principal amount outstanding 
     on the guaranteed loan or tax exempt bond.
       ``(ii) All closing and annual fee proceeds shall be 
     invested and maintained in an interest-bearing reserve 
     account until such time as the reserve account reaches 5 per 
     centum of the outstanding principal amount of loans and tax 
     exempt bonds guaranteed through the program.
       ``(iii) If at any time the Secretary determines that, based 
     on a lack of actual losses resulting from default, the amount 
     of proceeds held in the reserve account is excessive, the 
     Secretary may reduce the per centum to be maintained in such 
     reserve account, calculated based on the outstanding 
     principal amount of loans and tax exempt bonds guaranteed 
     through the program.
       ``(iv) Subject to a determination under clause (iii) of 
     this subparagraph to reduce the per centum maintained in the 
     reserve account, any overages in the reserve account that are 
     attributable to the collection of fee proceeds shall be 
     rebated annually on a pro rata basis to those health centers 
     with loans or tax exempt bonds guaranteed through the program 
     and that are not in default.'';
       (B) in subsection (d)--
       (i) by redesignating paragraph (2) as paragraph (3);
       (ii) by redesignating the matter following paragraph (1)(F) 
     as paragraph (2)(A); and
       (iii) by inserting after paragraph (2)(A), as so 
     redesignated, the following:
       ``(B) In addition to the amounts authorized under 
     subparagraph (A), there are authorized such amounts to 
     support guarantees of loans or tax exempt bonds issued for 
     the purpose of financing a health center project, which shall 
     be added to any amounts derived from the fees required to be 
     charged under subsection (a)(2)(G) and placed in the same 
     interest-bearing reserve account established by subsection 
     (a)(2)(G).''.
       (c) Application Davis-Bacon.--The provisions of subchapter 
     IV of chapter 31 of title 40, United States Code (commonly 
     referred to as the Davis-Bacon Act) shall apply to any 
     construction projects carried out using amounts made 
     available under the amendments made by this section.
       (d) Sunset.--
       (1) In general.--Except as provided in paragraph (2), this 
     section and the amendments made by this section shall be in 
     effect only during the period that begins on the date of 
     enactment of this Act, and ends on December 31, 2010. On and 
     after January 1, 2011, the Public Health Service Act and the 
     Internal Revenue Code of 1985 shall each be applied as if 
     this section and the amendments made by this section had not 
     been enacted.
       (2) Continued application.--This section and the amendments 
     made by this section shall continue to apply with respect to 
     loans, loan guarantees, and bonds issued under the authority 
     of this section (or such amendments) until the term of such 
     loan, guarantee, or bond has expired.
                                 ______
                                 
  SA 524. Mr. JOHNSON submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 122, after line 23, add the following:

     SEC. 7___. INDIAN SCHOOL CONSTRUCTION.

       (a) Short Title.--This section may be cited as the ``Indian 
     School Construction Act''.
       (b) Definitions.--In this section:
       (1) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (2) Escrow account.--The term ``escrow account'' means the 
     Tribal School Modernization Escrow Account established under 
     subsection (c)(6)(B)(i)(I).
       (3) Indian.--The term ``Indian'' means any individual who 
     is a member of an Indian tribe.
       (4) Indian tribe.--
       (A) In general.--The term ``Indian tribe'' has the meaning 
     given the term ``Indian tribal government'' in section 
     7701(a)(40) of the Internal Revenue Code of 1986 (as modified 
     by section 7871(d) of that Code).
       (B) Inclusion.--The term ``Indian tribe'' includes any 
     consortium of Indian tribes approved by the Secretary.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Tribal school.--The term ``tribal school'' means an 
     elementary school, secondary school, or dormitory that--
       (A) is operated by a tribal organization or the Bureau for 
     the education of Indian children; and
       (B) receives financial assistance for the operation of the 
     school or dormitory under an appropriation for the Bureau 
     under a contract, grant, or agreement, or for a Bureau-
     operated school, under--
       (i) section 102, 103(a), or 208 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450f, 
     450h(a), and 458d); or
       (ii) the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
     2501 et seq.).
       (c) Issuance of Bonds.--
       (1) In general.--The Secretary shall establish a pilot 
     program under which the Secretary shall provide to eligible 
     Indian tribes the authority to issue qualified tribal school 
     modernization bonds to provide funds for the construction, 
     rehabilitation, and repair of tribal schools, including 
     advance planning and design of tribal schools.
       (2) Eligibility.--
       (A) In general.--To be eligible to issue a qualified tribal 
     school modernization bond under the program under paragraph 
     (1), an Indian tribe shall--
       (i) prepare and submit to the Secretary a plan of 
     construction that meets the requirements of subparagraph (B);
       (ii) provide for quarterly and final inspection by the 
     Bureau of each project to be funded by the bond; and
       (iii) ensure that the facilities to be funded by the bond 
     will be used primarily for elementary and secondary 
     educational purposes for the period during which the bond 
     remains outstanding.
       (B) Plan of construction.--The requirements referred to in 
     subparagraph (A)(i) are that the plan shall--
       (i) contain a description of the construction to be carried 
     out using funds provided under a qualified tribal school 
     modernization bond;
       (ii) demonstrate that a comprehensive survey has been 
     carried out regarding the construction needs of the 
     applicable tribal school;
       (iii) contain assurances that funding under the bond will 
     be used only for the activities described in the plan;
       (iv) contain a response to the evaluation criteria 
     contained in the document entitled ``Instructions and 
     Application for Replacement School Construction, Revision 6'' 
     and dated February 6, 1999; and
       (v) contain any other reasonable and related information 
     that the Secretary determines to be appropriate.
       (C) Priority.--In determining whether an Indian tribe is 
     eligible to participate in the program under this subsection, 
     the Secretary shall give priority to Indian tribes that, as 
     demonstrated by the plans of construction of the Indian 
     tribes, will fund projects--
       (i) described in the list of the Bureau entitled 
     ``Education Facilities Replacement Construction Priorities 
     List as of FY 2000'' (65 Fed. Reg. 4623) (or successor 
     regulations); or
       (ii) that meet the criteria for ranking schools described 
     in the document entitled ``Instructions and Application for 
     Replacement School Construction, Revision 6'' and dated 
     February 6, 1999.
       (D) Advance planning and design funding.--
       (i) In general.--An Indian tribe may propose in the plan of 
     construction of the Indian tribe to receive advance planning 
     and design funding from the escrow account.
       (ii) Conditions.--As a condition of receiving advance 
     planning and design funds from the escrow account under 
     clause (i), an Indian tribe shall agree--

       (I) to issue qualified tribal school modernization bonds 
     after the date of receipt of the funds; and
       (II) as a condition of each issuance of a bond, to deposit 
     into the escrow account or a fund managed by a trustee under 
     paragraph (4)(C) an amount equal to the amount of funds 
     received from the escrow account.

       (3) Permissible activities.--In addition to the use 
     described in paragraph (1), an Indian tribe may use amounts 
     received through the issuance of a qualified tribal school 
     modernization bond--
       (A) to enter into, and make payments under, contracts with 
     licensed and bonded architects, engineers, and construction 
     firms--
       (i) to determine the needs of a tribal school; and
       (ii) for the design and engineering of a tribal school;
       (B) to enter into, and make payments under, contracts with 
     financial advisors, underwriters, attorneys, trustees, and 
     other professionals to provide assistance to the Indian tribe 
     in issuing the bonds; and

[[Page 3085]]

       (C) to carry out other such activities as the Secretary 
     determines to be appropriate.
       (4) Bond trustee.--
       (A) In general.--Notwithstanding any other provision of 
     law, any qualified tribal school modernization bond issued by 
     an Indian tribe under this subsection shall be subject to a 
     trust agreement between the Indian tribe and a trustee.
       (B) Trustee.--Any bank or trust company that meets the 
     requirements established by the Secretary may serve as a 
     trustee for purposes of subparagraph (A).
       (C) Content of trust agreement.--A trust agreement entered 
     into by an Indian tribe under this paragraph shall specify 
     that the trustee, with respect to any bond issued under this 
     subsection, shall--
       (i) act as a repository for the proceeds of the bond;
       (ii) make payments to bondholders;
       (iii) receive, as a condition to the issuance of the bond, 
     a transfer of funds from the escrow account, or from other 
     funds furnished by or on behalf of the Indian tribe, in an 
     amount that, together with interest earnings from the 
     investment of the funds in obligations of or fully guaranteed 
     by the United States, or from other investments under 
     paragraph (10), will be sufficient to pay timely and in full 
     the entire principal amount of the bond on the stated 
     maturity date of the bond;
       (iv) invest the funds received in accordance with clause 
     (iii); and
       (v) hold and invest the funds in a segregated fund or 
     account under the agreement, to be used solely to pay the 
     costs of activities described in paragraph (3).
       (D) Requirements for making direct payments.--
       (i) In general.--Notwithstanding any other provision of 
     law, the trustee shall make each payment described in 
     subparagraph (C)(v) in accordance with such requirements as 
     the Indian tribe may prescribe in the trust agreement under 
     subparagraph (C).
       (ii) Payments to contractors.--As a condition of making a 
     payment to a contractor under subparagraph (C)(v), the 
     trustee shall require an inspection of the project of the 
     contractor, to ensure the completion of the project, by--

       (I) a local financial institution; or
       (II) an independent inspecting architect or engineer.

       (iii) Contracts.--Each contract under subparagraphs (A) and 
     (B) of paragraph (3) shall require, or be renegotiated to 
     require, that each payment under the contract shall be made 
     in accordance with this paragraph.
       (5) Payments of principal and interest.--
       (A) Principal.--
       (i) In general.--No principal payment on any qualified 
     tribal school modernization bond shall be required until the 
     final, stated maturity of the bond.
       (ii) Maturity.--

       (I) In general.--The final, stated maturity of a qualified 
     tribal school modernization bond shall be not later than the 
     date that is 15 years after the date of issuance of the bond.
       (II) Expiration.--On expiration of a qualified tribal 
     school modernization bond under subclause (I), the entire 
     outstanding principal under the bond shall become due and 
     payable.

       (B) Interest.--In lieu of interest on a qualified tribal 
     school modernization bond, there shall be provided a tax 
     credit under section 1400V of the Internal Revenue Code of 
     1986.
       (6) Bond guarantees.--
       (A) In general.--Payment of the principal portion of a 
     qualified tribal school modernization bond issued under this 
     subsection shall be guaranteed solely by amounts deposited 
     with each respective bond trustee as described in paragraph 
     (4)(C)(iii).
       (B) Escrow account.--
       (i) In general.--Notwithstanding any other provision of 
     law, the Secretary--

       (I) shall establish an escrow account, to be known as the 
     ``Tribal School Modernization Escrow Account'';
       (II) beginning in fiscal year 2010, may deposit in the 
     escrow account not more than $50,000,000 of amounts made 
     available for school replacement in the construction account 
     of the Bureau; and
       (III) may accept for transfer into the escrow account 
     amounts from, as the Secretary determines to be appropriate--

       (aa) other Federal departments and agencies (such as 
     amounts made available for facility improvement and repairs); 
     or
       (bb) non-Federal public or private sources.
       (ii) Transfers of excess proceeds.--The excess proceeds 
     held under any trust agreement that are not used for a 
     purpose described in clause (iii) or (v) of paragraph (4)(C) 
     shall be transferred periodically by the trustee for deposit 
     into the escrow account.
       (iii) Payments.--The Secretary shall use any amounts 
     deposited in the escrow account under clause (i) or (ii) to 
     make payments--

       (I) to trustees under paragraph (4); or
       (II) under paragraph (2)(D).

       (7) Limitations.--
       (A) Obligation to repay.--
       (i) In general.--Notwithstanding any other provision of 
     law, the principal amount of any qualified tribal school 
     modernization bond issued under this subsection shall be 
     repaid only to the extent of any escrowed funds provided 
     under paragraph (4)(C)(iii).
       (ii) Treatment.--No qualified tribal school modernization 
     bond issued by an Indian tribe under this subsection shall be 
     an obligation of, and no payment of the principal of such a 
     bond shall be guaranteed by--

       (I) the United States;
       (II) an Indian tribe; or
       (III) the tribal school for which the bond was issued.

       (B) Land and facilities.--No land or facility purchased or 
     improved using amounts provided under a qualified tribal 
     school modernization bond issued under this subsection shall 
     be mortgaged or used as collateral for the bond.
       (8) Sale of bonds.--A qualified tribal school modernization 
     bond may be sold at a purchase price equal to, in excess of, 
     or at a discount from the par amount of the bond.
       (9) Treatment of trust agreement earnings.--Amounts earned 
     through the investment of funds under the control of a 
     trustee under a trust agreement described in paragraph (4) 
     shall not be subject to Federal income tax.
       (10) Investment of sinking funds.--Any sinking fund 
     established for the purpose of the payment of principal on a 
     qualified tribal school modernization bond shall be invested 
     in--
       (A) obligations issued or guaranteed by the United States; 
     or
       (B) such other assets as the Secretary of the Treasury may 
     allow, by regulation.
       (d) Expansion of Incentives for Tribal Schools.--Chapter 1 
     of the Internal Revenue Code of 1986 is amended by adding at 
     the end the following new subchapter:

         ``Subchapter Z--Tribal School Modernization Provisions

``Sec. 1400V. Credit to holders of qualified tribal school 
              modernization bonds

     ``SEC. 1400V. CREDIT TO HOLDERS OF QUALIFIED TRIBAL SCHOOL 
                   MODERNIZATION BONDS.

       ``(a) Allowance of Credit.--In the case of a taxpayer who 
     holds a qualified tribal school modernization bond on a 
     credit allowance date of such bond which occurs during the 
     taxable year, there shall be allowed as a credit against the 
     tax imposed by this chapter for such taxable year an amount 
     equal to the sum of the credits determined under subsection 
     (b) with respect to credit allowance dates during such year 
     on which the taxpayer holds such bond.
       ``(b) Amount of Credit.--
       ``(1) In general.--The amount of the credit determined 
     under this subsection with respect to any credit allowance 
     date for a qualified tribal school modernization bond is 25 
     percent of the annual credit determined with respect to such 
     bond.
       ``(2) Annual credit.--The annual credit determined with 
     respect to any qualified tribal school modernization bond is 
     the product of--
       ``(A) the applicable credit rate, multiplied by
       ``(B) the outstanding face amount of the bond.
       ``(3) Applicable credit rate.--For purposes of paragraph 
     (1), the applicable credit rate with respect to an issue is 
     the rate equal to an average market yield (as of the date of 
     sale of the issue) on outstanding long-term corporate 
     obligations of similar ratings (as determined by the 
     Secretary).
       ``(4) Special rule for issuance and redemption.--In the 
     case of a bond which is issued during the 3-month period 
     ending on a credit allowance date, the amount of the credit 
     determined under this subsection with respect to such credit 
     allowance date shall be a ratable portion of the credit 
     otherwise determined based on the portion of the 3-month 
     period during which the bond is outstanding. A similar rule 
     shall apply when the bond is redeemed.
       ``(c) Limitation Based on Amount of Tax.--
       ``(1) In general.--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 part IV of 
     subchapter A (other than subpart C thereof, relating to 
     refundable credits).
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year.
       ``(d) Qualified Tribal School Modernization Bond; Other 
     Definitions.--For purposes of this section--
       ``(1) Qualified tribal school modernization bond.--
       ``(A) In general.--The term `qualified tribal school 
     modernization bond' means, subject to subparagraph (B), any 
     bond issued as part of an issue under subsection (c) of the 
     Indian School Construction Act, as in effect on the date of 
     the enactment of this section, if--
       ``(i) 95 percent or more of the proceeds of such issue are 
     to be used for the construction, rehabilitation, or repair of 
     a school facility funded by the Bureau of Indian Affairs

[[Page 3086]]

     of the Department of the Interior or for the acquisition of 
     land on which such a facility is to be constructed with part 
     of the proceeds of such issue,
       ``(ii) the bond is issued by an Indian tribe,
       ``(iii) the issuer designates such bond for purposes of 
     this section, and
       ``(iv) the term of each bond which is part of such issue 
     does not exceed 15 years.
       ``(B) National limitation on amount of bonds designated.--
       ``(i) National limitation.--There is a national qualified 
     tribal school modernization bond limitation for each calendar 
     year. Such limitation is--

       ``(I) $200,000,000 for 2009,
       ``(II) $200,000,000 for 2010, and
       ``(III) zero for 2011 and thereafter.

       ``(ii) Allocation of limitation.--The national qualified 
     tribal school modernization bond limitation shall be 
     allocated to Indian tribes by the Secretary of the Interior 
     subject to the provisions of subsection (c) of the Indian 
     School Construction Act, as in effect on the date of the 
     enactment of this section.
       ``(iii) Designation subject to limitation amount.--The 
     maximum aggregate face amount of bonds issued during any 
     calendar year which may be designated under subsection (d)(1) 
     with respect to any Indian tribe shall not exceed the 
     limitation amount allocated to such government under clause 
     (ii) for such calendar year.
       ``(iv) Carryover of unused limitation.--If for any calendar 
     year--

       ``(I) the limitation amount under this subparagraph, 
     exceeds
       ``(II) the amount of qualified tribal school modernization 
     bonds issued during such year, the limitation amount under 
     this subparagraph for the following calendar year shall be 
     increased by the amount of such excess. The preceding 
     sentence shall not apply if such following calendar year is 
     after 2012.

       ``(2) Credit allowance date.--The term `credit allowance 
     date' means--
       ``(A) March 15,
       ``(B) June 15,
       ``(C) September 15, and
       ``(D) December 15.
     Such term includes the last day on which the bond is 
     outstanding.
       ``(3) Bond.--The term `bond' includes any obligation.
       ``(4) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term `Indian tribal government' by section 
     7701(a)(40), including the application of section 7871(d). 
     Such term includes any consortium of Indian tribes approved 
     by the Secretary of the Interior.
       ``(e) Credit Included in Gross Income.--Gross income 
     includes the amount of the credit allowed to the taxpayer 
     under this section (determined without regard to subsection 
     (c)) and the amount so included shall be treated as interest 
     income.
       ``(f) Bonds Held by Regulated Investment Companies.--If any 
     qualified tribal school modernization bond is held by a 
     regulated investment company, the credit determined under 
     subsection (a) shall be allowed to shareholders of such 
     company under procedures prescribed by the Secretary.
       ``(g) Treatment for Estimated Tax Purposes.--Solely for 
     purposes of sections 6654 and 6655, the credit allowed by 
     this section to a taxpayer by reason of holding a qualified 
     tribal school modernization bonds on a credit allowance date 
     shall be treated as if it were a payment of estimated tax 
     made by the taxpayer on such date.
       ``(h) Credit Treated as Allowed Under Part IV of Subchapter 
     A.--For purposes of subtitle F, the credit allowed by this 
     section shall be treated as a credit allowable under part IV 
     of subchapter A of this chapter.
       ``(i) Reporting.--Issuers of qualified tribal school 
     modernization bonds shall submit reports similar to the 
     reports required under section 149(e).''.
       (e) Additional Provisions.--
       (1) Sovereign immunity.--Nothing in this section or an 
     amendment made by this section impacts, limits, or otherwise 
     affects the sovereign immunity of the United States or any 
     State or Indian tribal government.
       (2) Application.--This section and the amendments made by 
     this section shall take effect on the date of enactment of 
     this Act with respect to bonds issued after December 31, 
     2009, regardless of the status of regulations promulgated 
     pursuant to this section or an amendment made by this 
     section.
                                 ______
                                 
  SA 525. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 76, line 14, strike after ``That none'' and all 
     that follows through ``project'' on line 25 and insert ``That 
     not less than $25,000,000 shall be available for and 
     distributed equally among the members of an interagency 
     working group including the Secretary of Energy, the 
     Secretary of Interior, and heads of other applicable agencies 
     for the purposes of enhancing the processing of permit 
     applications for renewable energy projects and related 
     transmission facilities on public land''.

       On page 88, line 19, insert ``and new or significantly 
     improved'' after ``commercial''.

       On page 90, between lines 14 and 15, insert the following:

     SEC. 4__. RENEWABLE ENERGY.

       (a) In General.--Section 365 of the Energy Policy Act of 
     2005 (42 U.S.C. 15924) is amended by adding at the end the 
     following:
       ``(k) Pilot Project Office to Improve Federal Permit 
     Coordination for Renewable Energy.--
       ``(1) Definition of renewable energy.--In this subsection, 
     the term `renewable energy' means energy derived from a wind 
     or solar source.
       ``(2) Field offices.--As part of the Pilot Project, the 
     Secretary shall designate 1 field office of the Bureau of 
     Land Management in each of the following States to serve as 
     Renewable Energy Pilot Project Offices for coordination of 
     Federal permits for renewable energy projects on Federal 
     land:
       ``(A) Arizona.
       ``(B) California.
       ``(C) New Mexico.
       ``(D) Nevada.
       ``(E) Montana.
       ``(3) Memorandum of understanding.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this subsection, the Secretary shall enter into 
     an amended memorandum of understanding under subsection (b) 
     to provide for the inclusion of the additional Renewable 
     Energy Pilot Project Offices in the Pilot Project.
       ``(B) Signatures by governors.--The Secretary may request 
     that the Governors of each of the States described in 
     paragraph (2) be signatories to the amended memorandum of 
     understanding.
       ``(C) Designation of qualified staff.--Not later than 30 
     days after the date of the signing of the amended memorandum 
     of understanding, all Federal signatory parties shall, if 
     appropriate, assign to each Renewable Energy Pilot Project 
     Offices designated under paragraph (2) an employee described 
     in subsection (c) to carry out duties described in that 
     subsection.
       ``(D) Additional personnel.--The Secretary shall assign to 
     each Renewable Energy Pilot Project Office additional 
     personnel under subsection (f).''.
       (b) Permit Processing Improvement Fund.--Section 35(c)(3) 
     of the Mineral Leasing Act (30 U.S.C. 191(c)(3)) is amended--
       (1) by striking ``use authorizations'' and inserting ``and 
     renewable energy use authorizations''; and
       (2) by striking ``section 365(d)'' and inserting 
     ``subsections (d) and (k)(2) of section 365''.

     SEC. 4__. MAXIMUM FUNDING AMOUNT FOR THIRD-PARTY FINANCE.

       Section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 
     16421) is amended by striking subsection (g) and inserting 
     the following:
       ``(g) Maximum Funding Amount.--The Secretary shall not 
     accept and use more than $2,500,000,000 under subsection 
     (c)(1) for the period of fiscal years 2009 through 2018.''.

       On page 570, between lines 8 and 9, insert the following:

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

       (a) Grants.--
       (1) In general.--Upon application, the Secretary of Energy 
     shall, within 60 days of the application and subject to the 
     requirements of this section, provide a grant to each person 
     who places in service specified energy property during 2009 
     or 2010 to reimburse such person for a portion of the expense 
     of such facility as provided in subsection (b).
       (2) Special rule for utility-scale solar and geothermal 
     property.--
       (A) In general.--In the case of any specified energy 
     property which is a part of a utility-scale solar or 
     geothermal project, paragraph (1) shall be applied by 
     substituting ``2009, 2010, 2011, or 2012'' for ``2009 or 
     2010''.
       (B) Utility-scale solar or geothermal project.--For 
     purposes of this section, the term ``utility-scale solar or 
     geothermal project'' means any project which--
       (i)(I) uses solar energy for a purpose described in clause 
     (i) or (ii) of section 48(a)(3)(A) of the Internal Revenue 
     Code of 1986, or
       (II) produces, distributes, or uses energy derived from 
     geothermal deposits (within the meaning of section 613(e)(2) 
     of such Code), and
       (ii) has a nameplate capacity rating which is not less 
     than--

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

       (b) Grant Amount.--
       (1) In general.--The amount of the grant under subsection 
     (a) with respect to any specified energy property shall be 
     the applicable percentage of the basis of such facility.
       (2) Applicable percentage.--For purposes of paragraph (1), 
     the term ``applicable percentage'' means--
       (A) 30 percent in the case of any property described in 
     paragraphs (1) through (4) of subsection (c), and
       (B) 10 percent in the case of any other property.
       (3) Dollar limitations.--In the case of property described 
     in paragraph (2), (6), or (7)

[[Page 3087]]

     of subsection (c), the amount of any grant under this section 
     with respect to such property shall not exceed the limitation 
     described in section 48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B) 
     of the Internal Revenue Code of 1986, respectively, with 
     respect to such property.
       (c) Specified Energy Property.--For purposes of this 
     section, the term ``specified energy property'' means any of 
     the following:
       (1) Qualified facilities.--Any facility described in 
     paragraph (1), (2), (3), (4), (6), (7), (9), or (11) of 
     section 45(d) of the Internal Revenue Code of 1986.
       (2) Qualified fuel cell property.--Any qualified fuel cell 
     property (as defined in section 48(c)(1) of such Code).
       (3) Solar property.--Any property described in clause (i) 
     or (ii) of section 48(a)(3)(A) of such Code.
       (4) Qualified small wind energy property.--Any qualified 
     small wind energy property (as defined in section 48(c)(4) of 
     such Code).
       (5) Geothermal property.--Any property described in clause 
     (iii) of section 48(a)(3)(A) of such Code.
       (6) Qualified microturbine property.--Any qualified 
     microturbine property (as defined in section 48(c)(2) of such 
     Code).
       (7) Combined heat and power system property.--Any combined 
     heat and power system property (as defined in section 
     48(c)(3) of such Code).
       (8) Geothermal heatpump property.--Any property described 
     in clause (vii) of section 48(a)(3)(A) of such Code.
       (d) Application of Certain Rules.--In making grants under 
     this section, the Secretary of Energy shall apply rules 
     similar to the rules of section 50 of the Internal Revenue 
     Code of 1986. In applying such rules, if the facility is 
     disposed of, or otherwise ceases to be a qualified renewable 
     energy facility, the Secretary of Energy shall provide for 
     the recapture of the appropriate percentage of the grant 
     amount in such manner as the Secretary of Energy determines 
     appropriate.
       (e) Exception for Certain Non-Taxpayers.--The Secretary of 
     Energy shall not make any grant under this section to any 
     Federal, State, or local government (or any political 
     subdivision, agency, or instrumentality thereof) or any 
     organization described in section 501(c) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code.
       (f) Definitions.--Terms used in this section which are also 
     used in section 45 or 48 of the Internal Revenue Code of 1986 
     shall have the same meaning for purposes of this section as 
     when used in such section 45 or 48. Any reference in this 
     section to the Secretary of the Treasury shall be treated as 
     including the Secretary's delegate.
       (g) Coordination Between Departments of Treasury and 
     Energy.--The Secretary of the Treasury shall provide the 
     Secretary of Energy with such technical assistance as the 
     Secretary of Energy may require in carrying out this section. 
     The Secretary of Energy shall provide the Secretary of the 
     Treasury with such information as the Secretary of the 
     Treasury may require in carrying out the amendment made by 
     section 1604.
       (h) Appropriations.--There is hereby appropriated to the 
     Secretary of Energy such sums as may be necessary to carry 
     out this section.
       (i) Termination.--The Secretary of Energy shall not make 
     any grant to any person under this section unless the 
     application of such person for such grant is received before 
     January 1, 2013.
       (j) Coordination With Renewable Energy Grants.--Section 48 
     is amended by adding at the end the following new subsection:
       ``(d) Coordination With Department of Energy Grants.--In 
     the case of any property with respect to which the Secretary 
     of Energy makes a grant under section 1903 of the American 
     Recovery and Reinvestment Tax Act of 2009--
       ``(1) Denial of production and investment credits.--No 
     credit shall be determined under this section or section 45 
     with respect to such property for the taxable year in which 
     such grant is made or any subsequent taxable year.
       ``(2) Recapture of credits for progress expenditures made 
     before grant.--If a credit was determined under this section 
     with respect to such property for any taxable year ending 
     before such grant is made--
       ``(A) the tax imposed under subtitle A on the taxpayer for 
     the taxable year in which such grant is made shall be 
     increased by so much of such credit as was allowed under 
     section 38,
       ``(B) the general business carryforwards under section 39 
     shall be adjusted so as to recapture the portion of such 
     credit which was not so allowed, and
       ``(C) the amount of such grant shall be determined without 
     regard to any reduction in the basis of such property by 
     reason of such credit.
       ``(3) Treatment of grants.--Any such grant shall--
       ``(A) not be includible in the gross income of the 
     taxpayer, but
       ``(B) shall be taken into account in determining the basis 
     of the property to which such grant relates, except that the 
     basis of such property shall be reduced under section 50(c) 
     in the same manner as a credit allowed under subsection 
     (a).''.
                                 ______
                                 
  SA 526. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus) to 
the bill H.R. 1, making supplemental appropriations for job 
preservation and creation, infrastructure investment, energy efficiency 
and science, assistance to the unemployed, and State and local fiscal 
stabilization, for fiscal year ending September 30, 2009, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 95, line 8, insert before the period at the end the 
     following: ``: Provided, That none of the amounts provided 
     under this heading may be expended to increase the number of 
     motor vehicles in the Federal fleet: Provided further, That 
     motor vehicle replacements funded with amounts provided under 
     this heading shall comply with the motor vehicle replacement 
     standards set forth in subpart D of part 102-34 of title 41, 
     Code of Federal Regulations (as in effect on the date of the 
     enactment of this Act)''.

     

                          ____________________