[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[Senate]
[Pages 14341-14352]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4532. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 5297, to create the Small Business Lending Fund 
Program to direct the Secretary of the Treasury to make capital 
investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXTENSION OF EXPENDITURE DEADLINE OF SOCIAL SERVICES 
                   BLOCK GRANT DISASTER FUNDING.

       Notwithstanding any other provision of law, amounts made 
     available to the Department of Health and Human Services, 
     Administration for Children and Families, under the heading 
     ``Social Services Block Grant'' under chapter 7 of division B 
     of Public Law 110-329, shall remain available for expenditure 
     through September 30, 2012.
                                 ______
                                 
  SA 4533. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       In section 4261 (relating to emergency agricultural 
     disaster assistance), strike subsection (h).
                                 ______
                                 
  SA 4534. Mr. UDALL of Colorado (for himself, Ms. Collins, Mr. Reid, 
Mr. Schumer, Mr. Lieberman, Mrs. Boxer, Mrs. Gillibrand, Mr. Sanders, 
Mr. Inouye, and Mr. Franken) submitted an amendment intended to be 
proposed to amendment SA 4519 proposed by Mr. Reid (for himself, Mr. 
Baucus, and Ms. Landrieu) to the bill H.R. 5297, to create the Small 
Business Lending Fund Program to direct the Secretary of the Treasury 
to make capital investments in eligible institutions in order to 
increase the availability of credit for small businesses, to amend the 
Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 41, after line 25, add the following:

     SEC. 1137. LIMITS ON MEMBER BUSINESS LOANS.

       (a) In General.--
       (1) Revised limitation and criteria.--Effective 6 months 
     after the date of enactment of this Act, section 107A(a) of 
     the Federal Credit Union Act (12 U.S.C. 1757a(a)) is amended 
     to read as follows:
       ``(a) Limitation.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     insured credit union may not make any member business loan 
     that would result in the total amount of such loans 
     outstanding at that credit union at any one time to be equal 
     to more than the lesser of--
       ``(A) 1.75 times the actual net worth of the credit union; 
     or
       ``(B) 12.25 percent of the total assets of the credit 
     union.
       ``(2) Additional authority.--The Board may approve an 
     application by an insured credit union upon a finding that 
     the credit union meets the criteria under this paragraph to 
     make 1 or more member business loans that would result in a 
     total amount of such loans outstanding at any one time of not 
     more than 27.5 percent of the total assets of the credit 
     union, if the credit union--
       ``(A) had member business loans outstanding at the end of 
     each of the 4 consecutive quarters immediately preceding the 
     date of the application, in a total amount of not less than 
     80 percent of the applicable limitation under paragraph (1);
       ``(B) is well capitalized, as defined in section 
     216(c)(1)(A);
       ``(C) can demonstrate at least 5 years of experience of 
     sound underwriting and servicing of member business loans;
       ``(D) has the requisite policies and experience in managing 
     member business loans; and
       ``(E) has satisfied other standards that the Board 
     determines are necessary to maintain the safety and soundness 
     of the insured credit union.
       ``(3) Effect of not being well capitalized.--An insured 
     credit union that has made member business loans under an 
     authorization under paragraph (2) and that is not, as of its 
     most recent quarterly call report, well capitalized, may not 
     make any member business loans, until such time as the credit 
     union becomes well capitalized, as reflected in a subsequent 
     quarterly call report, and obtains the approval of the 
     Board.''.
       (b) Implementation.--
       (1) Tiered approval process.--The Board shall develop a 
     tiered approval process, under which an insured credit union 
     gradually increases the amount of member business lending in 
     a manner that is consistent with safe and sound operations, 
     subject to the limits established under section 107A(a)(2) of 
     the Federal Credit Union Act (as amended by this Act). The 
     rate of increase under the process established under this 
     paragraph may not exceed 30 percent per year.
       (2) Rulemaking required.--The Board shall issue proposed 
     rules, not later than 6 months after the date of enactment of 
     this Act, to establish the tiered approval process required 
     under paragraph (1). The tiered approval process shall 
     establish standards designed to ensure that the new business 
     lending capacity authorized under the amendment made by 
     subsection (a) is being used only by insured credit unions 
     that are well-managed and well capitalized, as required by 
     the amendments made under subsection (a) and as defined by 
     the rules issued by the Board under this paragraph.
       (3) Considerations.--In issuing rules required under this 
     subsection, the Board shall consider--
       (A) the experience level of the institutions, including a 
     demonstrated history of sound member business lending;
       (B) the criteria under section 107A(a)(2) of the Federal 
     Credit Union Act, as amended by this Act; and
       (C) such other factors as the Board determines necessary or 
     appropriate.
       (c) Reports to Congress on Member Business Lending.--
       (1) Report of the board.--
       (A) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Board shall submit a report to 
     Congress on member business lending by insured credit unions.
       (B) Report.--The report required under subparagraph (A) 
     shall include--
       (i) the types and asset size of insured credit unions 
     making member business loans and the member business loan 
     limitations applicable to the insured credit unions;
       (ii) the overall amount and average size of member business 
     loans by each insured credit union;
       (iii) the ratio of member business loans by insured credit 
     unions to total assets and net worth;
       (iv) the performance of the member business loans, 
     including delinquencies and net charge offs;
       (v) the effect of this section on the number of insured 
     credit unions engaged in member business lending, any change 
     in the amount of member business lending, and the extent to 
     which any increase is attributed to the change in the 
     limitation in section 107A(a) of the Federal Credit Union 
     Act, as amended by this Act;
       (vi) the number, types, and asset size of insured credit 
     unions that were denied or approved by the Board for 
     increased member business loans under section 107A(a)(2), as 
     amended by this Act, including denials and approvals under 
     the tiered approval process;
       (vii) the types and sizes of businesses that receive member 
     business loans, the duration of the credit union membership 
     of the businesses at the time of the loan, the types of 
     collateral used to secure member business loans, and the 
     income level of members receiving member business loans; and
       (viii) the effect of any increases in member business loans 
     on the risk to the National Credit Union Share Insurance Fund 
     and the assessments on insured credit unions.
       (2) GAO study and report.--
       (A) Study.--The Comptroller General of the United States 
     shall conduct a study on the status of member business 
     lending by insured credit unions, including--
       (i) trends in such lending;
       (ii) types and amounts of member business loans;
       (iii) the effectiveness of this section in enhancing small 
     business lending;

[[Page 14342]]

       (iv) recommendations for legislative action, if any, with 
     respect to such lending; and
       (v) any other information that the Comptroller General 
     considers relevant with respect to such lending.
       (B) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to Congress on the study required by subparagraph (A).
       (d) Definitions.--In this section--
       (1) the term ``Board'' means the National Credit Union 
     Administration Board;
       (2) the term ``insured credit union'' has the meaning given 
     that term in section 101 of the Federal Credit Union Act (12 
     U.S.C. 1752);
       (3) the term ``member business loan'' has the meaning given 
     that term in section 107A(c)(1) of the Federal Credit Union 
     Act (12 U.S.C. 1757a(c)(1));
       (4) the term ``net worth'' has the meaning given that term 
     in section 107A(c)(2) of the Federal Credit Union Act (12 
     U.S.C. 1757a(c)(2)); and
       (5) the term ``well capitalized'' has the meaning given 
     that term in section 216(c)(1)(A) of the Federal Credit Union 
     Act (12 U.S.C. 1709d(c)(1)(A)).
                                 ______
                                 
  SA 4535. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 41, after line 25, add the following:

     SEC. 1137. SURETY BONDS.

       Section 508(f) of division A of the American Recovery and 
     Reinvestment Act of 2009 (15 U.S.C. 694a note) is repealed.
                                 ______
                                 
  SA 4536. Mr. BENNET (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed to amendment SA 4519 proposed by Mr. 
Reid (for himself, Mr. Baucus, and Ms. Landrieu) to the bill H.R. 5297, 
to create the Small Business Lending Fund Program to direct the 
Secretary of the Treasury to make capital investments in eligible 
institutions in order to increase the availability of credit for small 
businesses, to amend the Internal Revenue Code of 1986 to provide tax 
incentives for small business job creation, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 41, after line 25, add the following:

     SEC. 1137. TARGETED SMALL BUSINESS LENDING PILOT PROGRAM.

       (a) In General.--Section 23 of the Small Business Act (15 
     U.S.C. 650) is amended by adding at the end the following:
       ``(k) Targeted Small Business Lending Pilot Program.--
       ``(1) Purpose.--The purpose of the targeted small business 
     lending pilot program is to increase the lending activity of 
     small business lending companies to small business concerns 
     operating in low-income communities.
       ``(2) Definitions.--In this subsection:
       ``(A) Low-income community.--The term `low-income 
     community' means a low-income community within the meaning of 
     section 45D(e) of the Internal Revenue Code of 1986 (relating 
     to the new markets tax credit).
       ``(B) Targeted small business lending company.--The term 
     `targeted small business lending company' means a business 
     concern--
       ``(i) described in section 3(r)(1), without regard to 
     whether the business concern was authorized to make loans 
     under section 7(a) before the date on which the Administrator 
     authorizes the business concern to make the loans under this 
     subsection;
       ``(ii) that has a primary mission of serving or providing 
     investment capital for low-income communities, low-income 
     persons, or businesses located in low-income communities;
       ``(iii) that maintains accountability to low-income 
     communities through participation of representatives of the 
     communities on a governing or an advisory board to the 
     business concern;
       ``(iv) that has a demonstrated ability, directly or through 
     a controlling entity, to make loans to businesses in low-
     income communities; and
       ``(v) that makes substantially all of the loans made by the 
     business concern to businesses operating in low-income 
     communities.
       ``(3) Establishment.--There is established a targeted small 
     business lending pilot program, under which the 
     Administrator--
       ``(A) shall authorize not more than 12 targeted small 
     business lending companies to make loans under section 7(a); 
     and
       ``(B) may not charge a fee relating to an authorization 
     under subparagraph (A).
       ``(4) Safety and soundness requirements.--
       ``(A) Prohibition on sale of authorization.--A targeted 
     small business lending company may not sell the authorization 
     of the targeted small business lending company to make loans 
     under section 7(a).
       ``(B) GAO review.--During the 2-year period beginning on 
     the date of enactment of this subsection, the Comptroller 
     General of the United States shall--
       ``(i) review the oversight of targeted small business 
     lending companies by the Administration; and
       ``(ii) submit periodic reports to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives regarding 
     the review under clause (i).''.
       (b) Technical and Conforming Amendment.--Section 3(r)(1) of 
     the Small Business Act (15 U.S.C. 632(r)(1)) is amended by 
     inserting ``, including a targeted small business lending 
     company authorized under section 23(k)'' before the period at 
     the end.
                                 ______
                                 
  SA 4537. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 103, after line 21, add the following:

     SEC. 1336. STUDY BY COMPTROLLER GENERAL.

       (a) Definitions.--In this section--
       (1) the terms ``HUBZone small business concern'', ``small 
     business concern'', ``small business concern owned and 
     controlled by service-disabled veterans'', and ``small 
     business concern owned and controlled by women'' have the 
     meaning given those terms under section 3 of the Small 
     Business Act (15 U.S.C. 632);
       (2) the term ``minority business enterprise'' means a small 
     business concern that is unconditionally owned, controlled, 
     and managed by an individual who is--
       (A) a Black American;
       (B) a Hispanic American;
       (C) a Native American, including an American Indian, 
     Eskimo, Aleut, or Native Hawaiian;
       (D) an Asian Pacific American, including an individual 
     having origins in any of the original peoples of Myanmar, 
     Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, 
     China (including Hong Kong), Taiwan, Laos, Cambodia 
     (Kampuchea), Vietnam, North Korea, South Korea, the 
     Philippines, a United States Trust Territory of the Pacific 
     Islands (including the Republic of Palau), the Republic of 
     the Marshall Islands, the Federated States of Micronesia, the 
     Commonwealth of the Northern Mariana Islands, Guam, Samoa, 
     Macao, Fiji, Tonga, Kiribati, Tuvalu, or Nauru;
       (E) a Subcontinent Asian American, including an individual 
     having origins in any of the original peoples of India, 
     Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives 
     Islands, or Nepal; or
       (F) a member of another minority group, as determined by 
     the Administrator of the Small Business Administration;
       (3) the term ``qualified HUBZone small business concern'' 
     means a HUBZone small business concern that is qualified 
     under section 3(p)(5) of the Small Business Act (15 U.S.C. 
     632(p)(5)); and
       (4) the term ``small business concern owned and controlled 
     by socially and economically disadvantaged individuals'' has 
     the meaning given that term in section 8(d)(3)(C) of the 
     Small Business Act (15 U.S.C. 637(d)(3)(C)).
       (b) Study Required.--The Comptroller General of the United 
     States shall carry out a study on the participation of small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals, qualified HUBZone 
     small business concerns, minority business enterprises, and 
     small business concerns owned and controlled by women in 
     procurement contracts awarded using funds made available 
     under division A of the American Recovery and Reinvestment 
     Act of 2009 (Public Law 111-5; 123 Stat. 116), which shall 
     include--
       (1) determining the percentage of all contracts awarded by 
     Federal agencies and departments using funds made available 
     under the American Recovery and Reinvestment Act of 2009 
     (Public Law 111-5; 123 Stat. 116) that were awarded to--
       (A) small business concerns owned and controlled by 
     socially and economically disadvantaged individuals;
       (B) minority business enterprises;
       (C) small business concerns owned and controlled by women; 
     and
       (D) qualified HUBZone small business concerns; and

[[Page 14343]]

       (2) evaluating whether Federal agencies and departments 
     have met the Government-wide goals established under section 
     15(g) of the Small Business Act (15 U.S.C. 644(g)) for 
     procurement contracts awarded to small business concerns, 
     small business concerns owned and controlled by service-
     disabled veterans, qualified HUBZone small business concerns, 
     small business concerns owned and controlled by socially and 
     economically disadvantaged individuals, and small business 
     concerns owned and controlled by women, with respect to 
     procurement contracts awarded using funds made available 
     under division A of the American Recovery and Reinvestment 
     Act of 2009 (Public Law 111-5; 123 Stat. 116).
       (c) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study required 
     under subsection (b).
                                 ______
                                 
  SA 4538. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 224, strike line 12 and all that follows through 
     page 225, line 10, and insert the following:
       (4) Ineligible institutions.--
       (A) Ineligibility of institutions on fdic problem bank 
     list.--
       (i) In general.--An eligible institution may not receive 
     any capital investment under the Program, if--

       (I) such institution is on the FDIC problem bank list; or
       (II) such institution has been removed from the FDIC 
     problem bank list for less than 90 days.

       (ii) Construction.--Nothing in clause (i) shall be 
     construed as limiting the discretion of the Secretary to deny 
     the application of an eligible institution that is not on the 
     FDIC problem bank list.
       (iii) FDIC problem bank list defined.--For purposes of this 
     subparagraph, the term ``FDIC problem bank list'' means the 
     list of depository institutions having a current rating of 4 
     or 5 under the Uniform Financial Institutions Rating System, 
     or such other list designated by the Federal Deposit 
     Insurance Corporation.
       (B) Ineligibility of non-paying cpp participants.--
       (i) In general.--An eligible institution that has missed 
     more than one dividend payment due under the CPP may not 
     receive any capital investment under the Program.
       (ii) Determination of missed dividend payments.--For 
     purposes of this subparagraph, a CPP dividend payment that is 
     submitted within 60 days of the due date of such payment 
     shall not be considered a missed dividend payment.
                                 ______
                                 
  SA 4539. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 214, between lines 3 and 4, insert the following:
       (v) If the eligible institution notifies the Secretary in 
     the application for a capital investment under the Program 
     that the eligible institution elects to have such loans 
     included as small business lending by the eligible 
     institution, construction, land development, and other land 
     loans.
                                 ______
                                 
  SA 4540. Mr. WEBB (for himself and Mrs. Boxer) submitted an amendment 
intended to be proposed by him to the bill H.R. 5297, to create the 
Small Business Lending Fund Program to direct the Secretary of the 
Treasury to make capital investments in eligible institutions in order 
to increase the availability of credit for small businesses, to amend 
the Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, insert the following:

                    TITLE ___--TAXPAYER FAIRNESS ACT

     SEC. _001. SHORT TITLE.

       This title may be cited as the ``Taxpayer Fairness Act''.

     SEC. _002. FINDINGS.

       Congress finds the following:
       (1) During the years 2008 and 2009, the Nation's largest 
     financial firms received extraordinary and unprecedented 
     assistance from the public.
       (2) Such assistance was critical to the success and in many 
     cases the survival of these firms during the year 2009.
       (3) High earners at such firms should contribute a portion 
     of any excessive bonuses obtained for the year 2009 to help 
     the Nation reduce the public debt and recover from the 
     recession.

     SEC. _003. EXCISE TAXES ON EXCESSIVE 2009 BONUSES RECEIVED 
                   FROM MAJOR RECIPIENTS OF FEDERAL EMERGENCY 
                   ECONOMIC ASSISTANCE.

       (a) Imposition of Tax.--Chapter 46 of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new section:

     ``SEC. 4999A. EXCESSIVE 2009 BONUSES RECEIVED FROM MAJOR 
                   RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC 
                   ASSISTANCE.

       ``(a) Imposition of Tax.--There is hereby imposed on any 
     person who receives a covered excessive 2009 bonus a tax 
     equal to 50 percent of the amount of such bonus.
       ``(b) Definition.--For purposes of this section, the term 
     `covered excessive 2009 bonus' has the meaning given such 
     term by section 280I(b).
       ``(c) Administrative Provisions and Special Rules.--
       ``(1) Withholding.--
       ``(A) In general.--In the case of any covered excessive 
     2009 bonus which is treated as wages for purposes of section 
     3402, the amount otherwise required to be deducted and 
     withheld under such section shall be increased by the amount 
     of the tax imposed by this section on such bonus.
       ``(B) Bonuses paid before enactment.--In the case of any 
     covered excessive 2009 bonus to which subparagraph (A) 
     applies which is paid before the date of the enactment of 
     this section, no penalty, addition to tax, or interest shall 
     be imposed with respect to any failure to deduct and withhold 
     the tax imposed by this section on such bonus.
       ``(2) Treatment of tax.--For purposes of subtitle F, any 
     tax imposed by this section shall be treated as a tax imposed 
     by subtitle A.
       ``(3) Notice requirements.--The Secretary shall require 
     each major Federal emergency economic assistance recipient 
     (as defined in section 280I(d)(1)) to notify, as soon as 
     practicable after the date of the enactment of this section 
     and at such other times as the Secretary determines 
     appropriate, the Secretary and each covered employee (as 
     defined in section 280I(e)) of the amount of covered 
     excessive 2009 bonuses to which this section applies and the 
     amount of tax deducted and withheld on such bonuses.
       ``(4) Secretarial authority.--The Secretary may prescribe 
     such regulations, rules, and guidance of general 
     applicability as may be necessary to carry out the provisions 
     of this section, including--
       ``(A) to prescribe the due date and manner of payment of 
     the tax imposed by this section with respect to any covered 
     excessive 2009 bonus paid before the date of the enactment of 
     this section, and
       ``(B) to prevent--
       ``(i) the recharacterization of a bonus payment as a 
     payment which is not a bonus payment in order to avoid the 
     purposes of this section,
       ``(ii) the treatment as other than an additional 2009 bonus 
     payment of any payment of increased wages or other payments 
     to a covered employee who receives a bonus payment subject to 
     this section in order to reimburse such covered employee for 
     the tax imposed by this section with regard to such bonus, or
       ``(iii) the avoidance of the purposes of this section 
     through the use of partnerships or other pass-thru 
     entities.''.
       (b) Clerical Amendments.--
       (1) The heading and table of sections for chapter 46 of the 
     Internal Revenue Code of 1986 are amended to read as follows:

         ``Chapter 46--Taxes on Certain Excessive Remuneration

``Sec. 4999. Golden parachute payments.
``Sec. 4999A. Excessive 2009 bonuses received from major recipients of 
              Federal emergency economic assistance.''.

       (2) 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 certain excessive remuneration.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to payments of covered excessive 2009 bonuses 
     after December 31, 2008, in taxable years ending after such 
     date.

     SEC. _004. LIMITATION ON DEDUCTION OF AMOUNTS PAID AS 
                   EXCESSIVE 2009 BONUSES BY MAJOR RECIPIENTS OF 
                   FEDERAL EMERGENCY ECONOMIC ASSISTANCE.

       (a) In General.--Part IX of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new section:

[[Page 14344]]



     ``SEC. 280I. EXCESSIVE 2009 BONUSES PAID BY MAJOR RECIPIENTS 
                   OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE.

       ``(a) General Rule.--The deduction allowed under this 
     chapter with respect to the amount of any covered excessive 
     2009 bonus shall not exceed 50 percent of the amount of such 
     bonus.
       ``(b) Covered Excessive 2009 Bonus.--For purposes of this 
     section, the term `covered excessive 2009 bonus' means any 
     2009 bonus payment paid during any calendar year to a covered 
     employee by any major Federal emergency economic assistance 
     recipient, to the extent that the aggregate of such 2009 
     bonus payments (without regard to the date on which such 
     payments are paid) with respect to such employee exceeds the 
     dollar amount of the compensation received by the President 
     under section 102 of title 3, United States Code, for 
     calendar year 2009.
       ``(c) 2009 Bonus Payment.--
       ``(1) In general.--The term `2009 bonus payment' means any 
     payment which--
       ``(A) is a payment for services rendered,
       ``(B) is in addition to any amount payable to a covered 
     employee for services performed by such covered employee at a 
     regular hourly, daily, weekly, monthly, or similar periodic 
     rate,
       ``(C) in the case of a retention bonus, is paid for 
     continued service during calendar year 2009 or 2010, and
       ``(D) in the case of a payment not described in 
     subparagraph (C), is attributable to services performed by a 
     covered employee during calendar year 2009 (without regard to 
     the year in which such payment is paid).
     Such term does not include payments to an employee as 
     commissions, contributions to any qualified retirement plan 
     (as defined in section 4974(c)), welfare and fringe benefits, 
     overtime pay, or expense reimbursements. In the case of a 
     payment which is attributable to services performed during 
     multiple calendar years, such payment shall be treated as a 
     2009 bonus payment to the extent it is attributable to 
     services performed during calendar year 2009.
       ``(2) Deferred deduction bonus payments.--
       ``(A) In general.--The term `2009 bonus payment' includes 
     payments attributable to services performed in 2009 which are 
     paid in the form of remuneration (within the meaning of 
     section 162(m)(4)(E)) for which the deduction under this 
     chapter (determined without regard to this section) for such 
     payment is allowable in a subsequent taxable year.
       ``(B) Timing of deferred deduction bonus payments.--For 
     purposes of this section and section 4999A, the amount of any 
     payment described in subparagraph (A) (as determined in the 
     year in which the deduction under this chapter, determined 
     without regard to this section, for such payment would be 
     allowable) shall be treated as having been made in the 
     calendar year in which any interest in such amount is granted 
     to a covered employee (without regard to the date on which 
     any portion of such interest vests).
       ``(3) Retention bonus.--The term `retention bonus' means 
     any bonus payment (without regard to the date such payment is 
     paid) to a covered employee which--
       ``(A) is contingent on the completion of a period of 
     service with a major Federal emergency economic assistance 
     recipient, the completion of a specific project or other 
     activity for the major Federal emergency economic assistance 
     recipient, or such other circumstances as the Secretary may 
     prescribe, and
       ``(B) is not based on the performance of the covered 
     employee (other than a requirement that the employee not be 
     separated from employment for cause).
     A bonus payment shall not be treated as based on performance 
     for purposes of subparagraph (B) solely because the amount of 
     the payment is determined by reference to a previous bonus 
     payment which was based on performance.
       ``(d) Major Federal Emergency Economic Assistance 
     Recipient.--For purposes of this section--
       ``(1) In general.--The term `major Federal emergency 
     economic assistance recipient' means--
       ``(A) any financial institution (within the meaning of 
     section 3 of the Emergency Economic Stabilization Act of 
     2008) if at any time after December 31, 2007, the Federal 
     Government acquires--
       ``(i) an equity interest in such person pursuant to a 
     program authorized by the Emergency Economic Stabilization 
     Act of 2008 or the third undesignated paragraph of section 13 
     of the Federal Reserve Act (12 U.S.C. 343), or
       ``(ii) any warrant (or other right) to acquire any equity 
     interest with respect to such person pursuant to any such 
     program,
     but only if the total value of the equity interest described 
     in clauses (i) and (ii) in such person is not less than 
     $5,000,000,000,
       ``(B) the Federal National Mortgage Association and the 
     Federal Home Loan Mortgage Corporation, and
       ``(C) any person which is a member of the same affiliated 
     group (as defined in section 1504, determined without regard 
     to subsection (b) thereof) as a person described in 
     subparagraph (A) or (B).
       ``(2) Treatment of controlled groups.--All persons treated 
     as a single employer under subsection (a) or (b) of section 
     52 or subsection (m) or (o) of section 414 shall be treated 
     as a single employer with respect to any covered employee.
       ``(e) Covered Employee.--For purposes of this section, the 
     term `covered employee' means, with respect to any major 
     Federal emergency economic assistance recipient--
       ``(1) any employee of such recipient, and
       ``(2) any director of such recipient who is not an 
     employee.
     In the case of any major Federal emergency economic 
     assistance recipient which is a partnership or other 
     unincorporated trade or business, the term `employee' shall 
     include employees of such recipient within the meaning of 
     section 401(c)(1).
       ``(f) Regulations.--The Secretary may prescribe such 
     regulations, rules, and guidance of general applicability as 
     may be necessary to carry out the provisions of this section, 
     including--
       ``(1) to prescribe the due date and manner of reporting and 
     payment of any increase in the tax imposed by this chapter 
     due to the application of this section to any covered 
     excessive 2009 bonus paid before the date of the enactment of 
     this section, and
       ``(2) to prevent--
       ``(A) the recharacterization of a bonus payment as a 
     payment which is not a bonus payment in order to avoid the 
     purposes of this section, or
       ``(B) the avoidance of the purposes of this section through 
     the use of partnerships or other pass-thru entities.''.
       (b) Clerical Amendment.--The table of sections for part IX 
     of subchapter B of chapter 1 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 280I. Excessive 2009 bonuses paid by major recipients of Federal 
              emergency economic assistance.''.

       (c) Conforming Amendments.--
       (1) Subparagraph (F) of section 162(m)(4) of the Internal 
     Revenue Code of 1986 is amended--
       (A) by inserting ``and excessive 2009 bonuses'' after 
     ``payments'' in the heading,
       (B) by striking ``the amount'' and inserting ``the total 
     amounts'', and
       (C) by inserting ``or 280I'' before the period.
       (2) Subparagraph (A) of section 3121(v)(2) of such Code is 
     amended by inserting ``, to any covered excessive 2009 bonus 
     (as defined in section 280I(b)),'' after ``section 
     280G(b))''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to payments of covered excessive 2009 bonuses 
     after December 31, 2008, in taxable years ending after such 
     date.
                                 ______
                                 
  SA 4541. Mr. DODD (for himself, Mr. Cochran, Ms. Mikulski, and Mrs. 
Shaheen) submitted an amendment intended to be proposed by him to the 
bill H.R. 5297, to create the Small Business Lending Fund Program to 
direct the Secretary of the Treasury to make capital investments in 
eligible institutions in order to increase the availability of credit 
for small businesses, to amend the Internal Revenue Code of 1986 to 
provide tax incentives for small business job creation, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page __, line __, insert the following:

     SEC. __. EXCLUSION FROM GROSS INCOME OF AMERICORPS 
                   EDUCATIONAL AWARDS.

       (a) In General.--Section 117 of the Internal Revenue Code 
     of 1986 (relating to qualified scholarships) is amended by 
     adding at the end the following:
       ``(e) AmeriCorps Educational Awards.--Gross income shall 
     not include any national service educational award described 
     in subtitle D of title I of the National and Community 
     Service Act of 1990 (42 U.S.C. 12601 et seq.).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years ending after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 4542. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 245, between lines 12 and 13, insert the following:

     SEC. 4114. CONFORMING AMENDMENT.

       Section 171(b)(5) of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act (Public Law 111-203) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;

[[Page 14345]]

       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(D) debt or equity instruments of a depository 
     institution holding company organized in the mutual form or 
     as an S corporation that are issued to or purchased by the 
     United States, or any agency or instrumentality thereof, 
     under the Small Business Lending Fund Program during the 1-
     year period beginning on the date of enactment of the Small 
     Business Jobs Act of 2010.''.
                                 ______
                                 
  SA 4543. Mr. WEBB (for himself, Ms. Landrieu, Mr. Nelson of Florida, 
and Mr. Warner) submitted an amendment intended to be proposed to 
amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title II, insert the following:

                        Subtitle C--Other Relief

     SEC. __. GUIDANCE ON TAX TREATMENT OF LOSSES RELATED TO 
                   TAINTED DRYWALL AS CASUALTY LOSS DEDUCTIONS.

       Not later than the due date, including extension, for 
     filing a return of tax for taxable year 2009, the Secretary 
     of the Treasury shall issue guidance with respect to the 
     availability of a casualty loss deduction under section 
     165(c)(3) of the Internal Revenue Code of 1986 for a taxpayer 
     who has sustained a loss due to defective or tainted drywall, 
     including drywall imported from China.
                                 ______
                                 
  SA 4544. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 214, between lines 3 and 4, insert the following:
       (v) If the eligible institution notifies the Secretary in 
     the application for a capital investment under the Program 
     that the eligible institution elects to have such loans 
     included as small business lending by the eligible 
     institution, construction, land development, and other land 
     loans.
                                 ______
                                 
  SA 4545. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 40, after line 24, add the following:
       (c) Working Capital Express Program.--
       (1) Program established.--
       (A) Working capital express program.--Section 7(a)(31) of 
     the Small Business Act (15 U.S.C. 636(a)(31)) is amended by 
     adding at the end the following:
       ``(G) Working capital express program in response to 
     economic crisis.--
       ``(i) Loan guarantees.--The Administrator may guarantee 
     loans under the Express Loan Program made by lenders 
     designated in accordance with clause (iii)(I) to small 
     business concerns that have been in business for not less 
     than 2 years before the date on which the small business 
     concern submits an application for a loan under this 
     subparagraph.
       ``(ii) Loan terms.--

       ``(I) Minimum amount.--The Administrator may guarantee a 
     loan under this subparagraph of not less than $100,000.
       ``(II) Guarantee rate.--Notwithstanding subparagraph 
     (A)(iii), the guarantee rate for a loan under this 
     subparagraph shall be 75 percent.

       ``(iii) Program safeguards.--

       ``(I) Eligibility.--The Administrator shall, by rule, 
     establish criteria for the designation of lenders that are 
     eligible to make a loan guaranteed under this subparagraph.
       ``(II) Underwriting standards.--The Administrator shall, by 
     rule, establish underwriting standards for loans guaranteed 
     under this subparagraph, to ensure that the Administrator may 
     guarantee new loans under this subparagraph until 1 year 
     after the date of enactment of this subparagraph. The 
     standards established under this subclause shall require the 
     borrower to submit income tax returns to provide verification 
     of business income.
       ``(III) Penalties for fraud.--Notwithstanding section 16, a 
     lender that knowingly makes a false statement with respect to 
     the income, assets, or other qualifications of a small 
     business concern in connection with a loan or application for 
     a loan guaranteed under this subparagraph shall be fined not 
     more than $500,000, imprisoned for not more than 5 years, or 
     both.

       ``(iv) Authority of participating lenders.--A lender 
     designated in accordance with clause (iii) shall have the 
     same authority with respect to the underwriting and 
     liquidation of a loan guaranteed under this subparagraph as a 
     lender participating in the Certified Lenders Program under 
     paragraph (19).
       ``(v) Total amount of loans.--The Administrator may 
     guarantee a total of not more than $3,000,000,000 in loans 
     under this subparagraph.
       ``(vi) Default rate.--The Administrator shall calculate the 
     default rate for loans guaranteed under this subparagraph 
     separately from the default rate for any other loans made or 
     guaranteed by the Administration.''.
       (B) Conforming amendment.--Section 7(a)(25)(B) of the Small 
     Business Act (15 U.S.C. 636(a)(25)(B)) is amended by 
     inserting ``, and does not include loans under paragraph 
     (31)(G)'' after ``by law''.
       (C) Implementation.--Not later than 45 days after the date 
     of enactment of this Act, the Administrator shall begin 
     guaranteeing loans under section 7(a)(31)(G) of the Small 
     Business Act, as added by this subsection.
       (2) Funding.--
       (A) Appropriation.--There is appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2010, $75,000,000, to remain 
     available until 1 year after the date of enactment of this 
     Act, for an additional amount for the appropriations account 
     appropriated under the heading ``business loans program 
     account'' under the heading ``Small Business Administration'' 
     for the cost of loan guarantees under section 7(a)(31)(G) of 
     the Small Business Act, as added by this subsection.
       (B) Offsets.--There are permanently rescinded from the 
     appropriations account appropriated under the heading 
     ``federal buildings fund'' under the heading ``real property 
     activities'' under the heading ``General Services 
     Administration'', $50,000,000 from Rental of Space and 
     $25,000,000 from Building Operations, to be derived from 
     unobligated balances that were provided in previous 
     appropriations Acts.
       (3) Prospective repeal.--
       (A) In general.--Effective 1 year after the date of 
     enactment of this Act, section 7(a) of the Small Business Act 
     (15 U.S.C. 636(a)) is amended--
       (i) in paragraph (25)(B), by striking ``, and does not 
     include loans under paragraph (31)(G)''; and
       (ii) in paragraph (31), by striking subparagraph (G).
       (B) Penalties.--Notwithstanding subparagraph (A), subclause 
     (III) of section 7(a)(31)(G)(iii) of the Small Business Act, 
     as added by this subsection, shall continue to apply on and 
     after the date described in subparagraph (A), to loans 
     guaranteed under section 7(a)(31)(G) of the Small Business 
     Act.
       (C) Savings provision.--A loan guaranteed under section 
     7(a)(31)(G) of the Small Business Act, as added by this 
     subsection, before the date described in subparagraph (A) 
     shall remain in full force and effect under the terms, and 
     for the duration, of the loan.
                                 ______
                                 
  SA 4546. Mrs. LINCOLN (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill H.R. 5297, to 
create the Small Business Lending Fund Program to direct the Secretary 
of the Treasury to make capital investments in eligible institutions in 
order to increase the availability of credit for small businesses, to 
amend the Internal Revenue Code of 1986 to provide tax incentives for 
small business job creation, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. DIRECT PAYMENT OF ENERGY EFFICIENT APPLIANCES TAX 
                   CREDIT.

       In the case of any taxable year which includes December 31, 
     2009, or December 31, 2010, a taxpayer who elects to waive 
     the credit which would otherwise be determined with respect 
     to the taxpayer under section 45M of the Internal Revenue 
     Code of 1986 for such taxable year shall be treated as making 
     a payment against the tax imposed under subtitle A of such 
     Code for such taxable year in an amount equal to 85 percent 
     of the amount of the credit which would otherwise be so 
     determined. Such payment shall be treated as

[[Page 14346]]

     made on the later of the due date of the return of such tax 
     or the date on which such return is filed. Elections under 
     this section may be made separately for taxable years 2009 
     and 2010, but once made shall be irrevocable. No amount shall 
     be includible in gross income or alternative minimum taxable 
     income by reason of this section.
                                 ______
                                 
  SA 4547. Mrs. LINCOLN (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed by her to the bill H.R. 5297, to 
create the Small Business Lending Fund Program to direct the Secretary 
of the Treasury to make capital investments in eligible institutions in 
order to increase the availability of credit for small businesses, to 
amend the Internal Revenue Code of 1986 to provide tax incentives for 
small business job creation, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REDUCTION IN CORPORATE RATE FOR QUALIFIED TIMBER 
                   GAIN.

       (a) In General.--Paragraph (1) of section 1201(b) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``ending'' and all that follows through ``such date''.
       (b) Conforming Amendment.--Paragraph (3) of section 1201(b) 
     of the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(3) Application of subsection.--The qualified timber gain 
     for any taxable year shall not exceed the qualified timber 
     gain which would be determined by not taking into account any 
     portion of such taxable year after December 31, 2010.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after May 22, 2009.
                                 ______
                                 
  SA 4548. Mrs. LINCOLN (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 5297, to 
create the Small Business Lending Fund Program to direct the Secretary 
of the Treasury to make capital investments in eligible institutions in 
order to increase the availability of credit for small businesses, to 
amend the Internal Revenue Code of 1986 to provide tax incentives for 
small business job creation, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REVISION OF BENEFITS.

       (a) Safe Harbor for Meeting Requirement That 35 Percent of 
     Employees Be Residents of Zone.--
       (1) In general.--Section 1397C of the Internal Revenue Code 
     of 1986 (defining enterprise zone business) is amended by 
     adding at the end the following new subsection:
       ``(g) Additional Safe Harbor for Meeting Requirement That 
     35 Percent of Employees Be Residents of Zone.--The 
     requirements of subsections (b)(6) and (c)(5) shall not fail 
     to be treated as met for any period with respect to a 
     qualified business if--
       ``(1) as of the date of issuance of an issue, the date 
     property is placed in service, or the date of the sale of an 
     asset, it is reasonably expected that within 3 years after 
     such date the business will increase employment by at least 
     the lesser of--
       ``(A) in the case of--
       ``(i) a business located in a renewal community or in a 
     rural area (as defined in section 1393(a)(2)) in an 
     empowerment zone or enterprise community, 500 full-time 
     employees, or
       ``(ii) a business located outside a rural area (as so 
     defined) in an empowerment zone or enterprise community, 
     1,000 full-time employees, or
       ``(B) 10 percent of the number of full-time employees 
     estimated to have been employed in such zone or community on 
     the date of its designation,
       ``(2) as of the date of issuance of the issue, it is 
     reasonably expected that as a result of the bonds the 
     business will increase employment by at least one job for 
     each $150,000 in face amount of the issue,
       ``(3) at any time within 3 years after the date of the 
     issuance of an issue, the date property is placed in service, 
     or the date of the sale of an asset, the requirements of such 
     subsections are met, or
       ``(4) the business enters into a binding agreement with the 
     appropriate local government employment agency to apply a 
     first source rule to advertise and prioritize employment 
     opportunities with such business for qualified residents of 
     such zone or community.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on the date of the enactment of this Act, 
     except that in the case of obligations which are outstanding 
     on such date, such date shall be deemed the date of issuance 
     for such obligations.
       (b) Eligibility of Businesses Developing or Holding 
     Intangibles.--
       (1) In general.--Paragraph (4) of section 1397C(d) of the 
     Internal Revenue Code of 1986 is amended by inserting before 
     the period ``unless the intangibles are developed within the 
     empowerment zone''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (c) Reduced Wage Credit Allowable for Zone Residents 
     Employed Outside the Zone; Employees Need Not Be Residents of 
     Zone in Which Employed.--
       (1) In general.--Subsection (b) of section 1396 of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(b) Applicable Percentage.--
       ``(1) Qualified zone employees who perform substantially 
     all of their services in an empowerment zone.--The applicable 
     percentage is 20 percent with respect to qualified zone 
     employees who would meet the requirement of subsection (d)(1) 
     if only services performed within an empowerment zone were 
     taken into account.
       ``(2) Other qualified zone employees.--
       ``(A) In general.--The applicable percentage is--
       ``(i) 20 percent in the case of designated qualified zone 
     employees of employers which are enterprise zone businesses, 
     and
       ``(ii) 10 percent in the case of any other designated 
     qualified zone employee.
       ``(B) Limitations on number of designated employees.--
       ``(i) In general.--For purposes of subparagraph (A), the 
     term `designated qualified zone employee' means a qualified 
     zone employee--

       ``(I) to whom paragraph (1) does not apply, and
       ``(II) who is designated under this subparagraph.

       ``(ii) Manner of designations.--Designations under this 
     subparagraph shall be made by the local government or 
     governments which nominated the area to be an empowerment 
     zone.
       ``(iii) Limitation on designations.--The number of 
     employees for whom a designation under this subparagraph is 
     in effect at any one time with respect to each empowerment 
     zone shall not exceed--

       ``(I) 500 for purposes of subparagraph (A)(i), and
       ``(II) 2,000 for purposes of subparagraph (A)(ii).''.

       (2) Qualified zone employee.--Paragraph (1) of section 
     1396(d) of such Code is amended--
       (A) by striking ``within an empowerment zone'' in 
     subparagraph (A), and
       (B) by striking ``such empowerment zone'' in subparagraph 
     (B) and inserting ``an empowerment zone''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (d) Carryforward of Unallocated State Commercial 
     Revitalization Expenditure Ceiling.--
       (1) In general.--Paragraph (1) of section 1400I(d) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) In general.--The aggregate commercial revitalization 
     expenditure amount which a commercial revitalization agency 
     may allocate for any calendar year is the amount equal to the 
     sum of--
       ``(A) the amount of the State commercial revitalization 
     expenditure ceiling determined under this paragraph for such 
     calendar year for such agency (determined without regard to 
     subparagraph (B)), and
       ``(B) the aggregate of the unused State commercial 
     revitalization expenditure ceilings determined under this 
     paragraph for such agency for each of the 2 preceding 
     calendar years.

     For purposes of subparagraph (B), amounts of expenditure 
     ceiling shall be treated as allocated by an agency first from 
     unused amounts for the second preceding calendar year, then 
     from unused amounts for the 1st preceding calendar year, and 
     then from amounts from the current year State allocation.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to calendar years beginning after the date of the 
     enactment of this Act.
       (e) Authority To Expand Boundaries of Zones and 
     Communities.--
       (1) Empowerment zones and enterprise communities.--Section 
     1391 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new subsection:
       ``(i) Authority To Expand Boundaries of Designated Areas.--
       ``(1) In general.--At the request of all governments which 
     nominated an area as an empowerment zone or enterprise 
     community, the appropriate Secretary may expand the area of 
     such zone or community to include 1 or more contiguous or 
     noncontiguous areas if such governments establish to the 
     satisfaction of the appropriate Secretary that such expansion 
     furthers the purposes of the designation of the initial area 
     as such a zone or community.
       ``(2) Rural areas.--With respect to any empowerment zone or 
     enterprise community located in a rural area, at the request 
     of the nominating local government, the appropriate Secretary 
     shall expand the area of such zone or community to include 
     the entire area of such nominating local government, but only 
     if--

[[Page 14347]]

       ``(A) either--
       ``(i) the poverty rate and the unemployment rate for such 
     entire area as determined by the 2000 decennial census data 
     was at least 110 percent of such rate for the United States, 
     or
       ``(ii) during the period beginning with the 1990 decennial 
     census and ending with the 2000 decennial census, such entire 
     area has a net out migration of inhabitants of at least 10 
     percent of the population of such area, and
       ``(B) such entire area meets 1 or more of the following 
     criteria determined by the 2000 decennial census data:
       ``(i) Median household income is not more than 70 percent 
     of such income for the United States.
       ``(ii) Per capita income is not more than 75 percent of 
     such income for the United States.
       ``(iii) The percentage of such area's population which is 
     disabled is at least 130 percent of such percentage for the 
     United States.''.
       (2) Renewal communities.--Section 1400E of such Code is 
     amended by adding at the end the following new subsection:
       ``(h) Authority To Expand Boundaries of Designated Areas.--
       ``(1) In general.--At the request of all governments which 
     nominated an area as a renewal community, the Secretary of 
     Housing and Urban Development may expand the area of such 
     community to include 1 or more noncontiguous areas if such 
     governments establish to the satisfaction of such Secretary 
     that such expansion furthers the purposes of the designation 
     of the initial area as a renewal community.
       ``(2) Rural areas.--With respect to any renewal community 
     located in a rural area, at the request of the nominating 
     local government, the Secretary of Housing and Urban 
     Development shall expand the area of such community to 
     include the entire area of such nominating local government, 
     but only if--
       ``(A) either--
       ``(i) the poverty rate and the unemployment rate for such 
     entire area as determined by the 2000 decennial census data 
     was at least 110 percent of such rate for the United States, 
     or
       ``(ii) during the period beginning with the 1990 decennial 
     census and ending with the 2000 decennial census, such entire 
     area has a net out migration of inhabitants of at least 10 
     percent of the population of such area, and
       ``(B) such entire area meets 1 or more of the following 
     criteria determined by the 2000 decennial census data:
       ``(i) Median household income is not more than 70 percent 
     of such income for the United States.
       ``(ii) Per capita income is not more than 75 percent of 
     such income for the United States.
       ``(iii) The percentage of such area's population which is 
     disabled is at least 130 percent of such percentage for the 
     United States.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (f) Election of Financing Arrangement in Lieu of Tax 
     Benefits.--
       (1) In general.--Section 1396 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(e) Election of Financing Arrangement in Lieu of Tax 
     Benefits.--
       ``(1) In general.--At the election of any significant 
     empowerment zone business, for the payment period of the debt 
     obligation designated in such election (or as an amendment to 
     such election) by such business--
       ``(A) such business--
       ``(i) shall not be allowed an empowerment zone employment 
     credit described in subsection (a), and
       ``(ii) shall not be allowed any deduction for depreciation 
     under section 168 with respect to qualified zone property 
     that provides a cost recovery benefit described in paragraph 
     (2), and
       ``(B) the Secretary shall make the payments described in 
     paragraph (2) to a trustee designated by the electing 
     business to accept such payments on behalf of such holders).
       ``(2) Payments.--
       ``(A) In general.--At the beginning of each year of the 
     payment period, the Secretary shall pay (out of any money in 
     the Treasury not otherwise appropriated) to the trustee 
     designated by such business an amount equal to--
       ``(i) the empowerment zone employment credit computed for 
     such year under this section as if the election was not made 
     under this subsection, and
       ``(ii) except as provided in paragraph (4)(A), the amount 
     equal to the cost recovery benefit divided by the number of 
     years in the payment period described in subparagraph (C).
       ``(B) Cost recovery benefit.--For purposes of subparagraph 
     (A), the cost recovery benefit shall be an amount equal to 25 
     percent of--
       ``(i) the cost of any tangible property which is qualified 
     zone property (including improvements to such tangible 
     property) incurred by the significant empowerment zone 
     business before the end of the first 5 full calendar years 
     beginning after the date the election is made under this 
     subsection, and
       ``(ii) any such cost for which a binding contract for 
     financing the acquisition of such tangible property 
     (including improvements to such tangible property) has been 
     made by such business and which under the terms of the 
     financing is to be incurred within the first 5 full calendar 
     years beginning after the date of the election made under 
     this subsection.
       ``(C) Payment period.--The payment period is the period of 
     15 calendar years beginning with the earlier of--
       ``(i) the calendar year specified by the significant 
     empowerment zone business as the 1st year of the payment 
     period without regard to the date the property is placed in 
     service, or
       ``(ii) the 5th calendar year beginning after the date that 
     the election under this subsection is made.
       ``(3) Significant empowerment zone business.--For purposes 
     of this subsection, the term `significant empowerment zone 
     business' means any trade or business operating in an 
     empowerment zone if--
       ``(A) such business is nominated by the chief executive or 
     the legislative body of the State or a local government in 
     which the zone property is located, and
       ``(B) the Secretary of Housing and Urban Development 
     determines that--
       ``(i) it is a facility for qualified research as defined in 
     section 41(d) which is reasonably anticipated to make at 
     least $50,000,000 of capital expenditures within the first 3 
     years of the payment period, or
       ``(ii) with respect to any other business, it is reasonably 
     anticipated that such business will increase employment in 
     such zone by the end of the first 3 years of the payment 
     period by at least the lesser of--

       ``(I) 1,000 full-time employees or equivalents, or
       ``(II) 10 percent of the number of full-time employees 
     estimated to have been employed in such zone on the date of 
     its designation.

       ``(4) Special rules.--
       ``(A) Adjustment to cost recovery benefit.--In the event 
     that the significant empowerment zone business does not incur 
     a cost within the period described in paragraph (2)(B) and 
     for which a cost recovery benefit payment is made under this 
     subsection, the Secretary shall reduce future recovery 
     benefit payments to recover 110 percent of the overpayments 
     in equal installments over the remaining payment period. In 
     the event that a cost described in paragraph (2)(B)(i) is 
     incurred, or a contract described in paragraph (2)(B)(ii) is 
     entered into, after the beginning of the payment period, the 
     Secretary shall increase future recover benefit payments to 
     recover 100 percent of the cost recovery benefit associated 
     with such costs or contracts in equal installments over the 
     remaining payment period.
       ``(B) Basis adjustment.--For purposes of this subtitle, if 
     a cost recovery payment is made under this subsection with 
     respect to any property, the basis of such property shall be 
     reduced by the amount of such payment.
       ``(5) Treatment of payments.--Any payment made under this 
     subsection shall not be treated as a Federal Government 
     guarantee for purposes of section 149(b).''.
       (2) Conforming amendment.--Section 1016(a) of such Code is 
     amended by striking ``and'' at the end of paragraph (36), by 
     striking the period at the end of paragraph (37) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(38) to the extent provided in section 1396(e)(4)(B).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4549. Mrs. LINCOLN (for herself and Mr. Carper) submitted an 
amendment intended to be proposed to amendment SA 4519 proposed by Mr. 
Reid (for himself, Mr. Baucus, and Ms. Landrieu) to the bill H.R. 5297, 
to create the Small Business Lending Fund Program to direct the 
Secretary of the Treasury to make capital investments in eligible 
institutions in order to increase the availability of credit for small 
businesses, to amend the Internal Revenue Code of 1986 to provide tax 
incentives for small business job creation, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of part II of subtitle A of title II, add the 
     following:

     SEC. ___. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A of the Internal Revenue 
     Code of 1986 is amended by striking ``December 31, 2009'' and 
     inserting ``December 31, 2010''.
       (b) Excise Tax Credits and Outlay Payments for Biodiesel 
     and Renewable Diesel Fuel Mixtures.--
       (1) Paragraph (6) of section 6426(c) of the Internal 
     Revenue Code of 1986 is amended by striking ``December 31, 
     2009'' and inserting ``December 31, 2010''.
       (2) Subparagraph (B) of section 6427(e)(6) of such Code is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2010''.

[[Page 14348]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.

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

       (a) Alternative Fuel Credit.--Paragraph (5) of section 
     6426(d) of the Internal Revenue Code of 1986 is amended by 
     striking ``after December 31, 2009'' and all that follows and 
     inserting ``after--
       ``(A) September 30, 2014, in the case of liquefied 
     hydrogen,
       ``(B) December 31, 2010, in the case of fuels described in 
     subparagraph (A), (C), (F), or (G) of paragraph (2), and
       ``(C) December 31, 2009, in any other case.''.
       (b) Alternative Fuel Mixture Credit.--Paragraph (3) of 
     section 6426(e) of the Internal Revenue Code of 1986 is 
     amended by striking ``after December 31, 2009'' and all that 
     follows and inserting ``after--
       ``(A) September 30, 2014, in the case of liquefied 
     hydrogen,
       ``(B) December 31, 2010, in the case of fuels described in 
     subparagraph (A), (C), (F), or (G) of subsection (d)(2), and
       ``(C) December 31, 2009, in any other case.''.
       (c) Payment Authority.--
       (1) In general.--Paragraph (6) of section 6427(e) of the 
     Internal Revenue Code of 1986 is amended by striking ``and'' 
     at the end of subparagraph (C), by striking the period at the 
     end of subparagraph (D) and inserting ``, and'', and by 
     adding at the end the following new subparagraph:
       ``(E) any alternative fuel or alternative fuel mixture (as 
     so defined) involving fuel described in subparagraph (A), 
     (C), (F), or (G) of section 6426(d)(2) sold or used after 
     December 31, 2010.''.
       (2) Conforming amendment.--Subparagraph (C) of section 
     6427(e)(6) is amended by inserting ``or (E)'' after 
     ``subparagraph (D)''.
       (d) Exclusion of Black Liquor From Credit Eligibility.--The 
     last sentence of section 6426(d)(2)of the Internal Revenue 
     Code of 1986 is amended by striking ``or biodiesel'' and 
     inserting ``biodiesel, or any fuel (including lignin, wood 
     residues, or spent pulping liquors) derived from the 
     production of paper or pulp''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2009.
                                 ______
                                 
  SA 4550. Mr. WHITEHOUSE (for himself, Mr. Bennet, Mr. Brown of 
Massachusetts, Mr. Brown of Ohio, Mr. Corker, Mr. Durbin, Mrs. 
Feinstein, Mr. Graham, Mr. Kaufman, Mr. Leahy, Mr. LeMieux, Mrs. 
McCaskill, Mr. Menendez, Mr. Nelson of Florida, Mr. Pryor, Mr. Schumer, 
Mr. Sessions, Mr. Specter, and Mr. Warner) submitted an amendment 
intended to be proposed to amendment SA 4519 proposed by Mr. Reid (for 
himself, Mr. Baucus, and Ms. Landrieu) to the bill H.R. 5297, to create 
the Small Business Lending Fund Program to direct the Secretary of the 
Treasury to make capital investments in eligible institutions in order 
to increase the availability of credit for small businesses, to amend 
the Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 284, between lines 9 and 10, insert the following:

TITLE V--REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO 
                       ACCEPT SERVICE OF PROCESS

     SEC. 5001. FINDINGS.

       Congress makes the following findings:
       (1) Each year, many people in the United States are injured 
     by defective products manufactured or produced by foreign 
     entities and imported into the United States.
       (2) Both consumers and businesses in the United States have 
     been harmed by injuries to people in the United States caused 
     by defective products manufactured or produced by foreign 
     entities.
       (3) People in the United States injured by defective 
     products manufactured or produced by foreign entities often 
     have difficulty recovering damages from the foreign 
     manufacturers and producers responsible for such injuries.
       (4) The difficulty described in paragraph (3) is caused by 
     the obstacles in bringing a foreign manufacturer or producer 
     into a United States court and subsequently enforcing a 
     judgment against that manufacturer or producer.
       (5) Obstacles to holding a responsible foreign manufacturer 
     or producer liable for an injury to a person in the United 
     States undermine the purpose of the tort laws of the United 
     States.
       (6) The difficulty of applying the tort laws of the United 
     States to foreign manufacturers and producers puts United 
     States manufacturers and producers at a competitive 
     disadvantage because United States manufacturers and 
     producers must--
       (A) abide by common law and statutory safety standards; and
       (B) invest substantial resources to ensure that they do so.
       (7) Foreign manufacturers and producers can avoid the 
     expenses necessary to make their products safe if they know 
     that they will not be held liable for violations of United 
     States product safety laws.
       (8) Businesses in the United States undertake numerous 
     commercial relationships with foreign manufacturers, exposing 
     the businesses to additional tort liability when foreign 
     manufacturers or producers evade United States courts.
       (9) Businesses in the United States engaged in commercial 
     relationships with foreign manufacturers or producers often 
     cannot vindicate their contractual rights if such 
     manufacturers or producers seek to avoid responsibility in 
     United States courts.
       (10) One of the major obstacles facing businesses and 
     individuals in the United States who are injured and who seek 
     compensation for economic or personal injuries caused by 
     foreign manufacturers and producers is the challenge of 
     serving process on such manufacturers and producers.
       (11) An individual or business injured in the United States 
     by a foreign company must rely on a foreign government to 
     serve process when that company is located in a country that 
     is a signatory to the Convention on the Service Abroad of 
     Judicial and Extrajudicial Documents in Civil or Commercial 
     Matters done at The Hague November 15, 1965 (20 UST 361; TIAS 
     6638).
       (12) An injured person in the United States must rely on 
     the cumbersome system of letters rogatory to effect service 
     in a country that did not sign the Convention on the Service 
     Abroad of Judicial and Extrajudicial Documents in Civil or 
     Commercial Matters. These countries do not have an 
     enforceable obligation to serve process as requested.
       (13) The procedures described in paragraphs (11) and (12) 
     add time and expense to litigation in the United States, 
     thereby discouraging or frustrating meritorious lawsuits 
     brought by persons injured in the United States against 
     foreign manufacturers and producers.
       (14) Foreign manufacturers and producers often seek to 
     avoid judicial consideration of their actions by asserting 
     that United States courts lack personal jurisdiction over 
     them.
       (15) The due process clauses of the fifth amendment to and 
     section 1 of the fourteenth amendment to the Constitution 
     govern United States courts' personal jurisdiction over 
     defendants.
       (16) The due process clauses described in paragraph (15) 
     are satisfied when a defendant consents to the jurisdiction 
     of a court.
       (17) United States markets present many opportunities for 
     foreign manufacturers.
       (18) In choosing to export products to the United States, a 
     foreign manufacturer or producer subjects itself to the laws 
     of the United States. Such a foreign manufacturer or producer 
     thereby acknowledges that it is subject to the personal 
     jurisdiction of the State and Federal courts in at least one 
     State.

     SEC. 5002. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) foreign manufacturers and producers whose products are 
     sold in the United States should not be able to avoid 
     liability simply because of difficulties relating to serving 
     process upon them;
       (2) to avoid such lack of accountability, foreign 
     manufacturers and producers of foreign products distributed 
     in the United States should be required, by regulation, to 
     register an agent in the United States who is authorized to 
     accept service of process for such manufacturer or producer;
       (3) it is unfair to United States consumers and businesses 
     that foreign manufacturers and producers often seek to avoid 
     judicial consideration of their actions by asserting that 
     United States courts lack personal jurisdiction over them;
       (4) those who benefit from exporting products to United 
     States markets should expect to be subject to the 
     jurisdiction of at least one court within the United States;
       (5) exporting products to the United States should be 
     understood as consent to the accountability that the legal 
     system of the United States ensures for all manufacturers and 
     producers, foreign, and domestic;
       (6) exporters recognize the scope of opportunities 
     presented to them by United States markets but also should 
     recognize that products imported into the United States must 
     satisfy Federal and State safety standards established by 
     statute, regulation, and common law;
       (7) foreign manufacturers should recognize that they are 
     responsible for the contracts they enter into with United 
     States companies;
       (8) foreign manufacturers should act responsibly and 
     recognize that they operate within the constraints of the 
     United States legal system when they export products to the 
     United States;
       (9) United States laws and the laws of United States 
     trading partners should not put burdens on foreign 
     manufacturers and producers that do not apply to domestic 
     companies;
       (10) it is fair to ensure that foreign manufacturers, whose 
     products are distributed in commerce in the United States, 
     are subject to the jurisdiction of State and Federal courts 
     in at least one State because all United States manufacturers 
     are subject to

[[Page 14349]]

     the jurisdiction of the State and Federal courts in at least 
     one State; and
       (11) it should be understood that, by registering an agent 
     for service of process in the United States, the foreign 
     manufacturer or producer acknowledges consent to the 
     jurisdiction of the State in which the registered agent is 
     located.

     SEC. 5003. DEFINITIONS.

       In this title:
       (1) Applicable agency.--The term ``applicable agency'' 
     means, with respect to covered products--
       (A) described in subparagraphs (A) and (B) of paragraph 
     (4), the Food and Drug Administration;
       (B) described in paragraph (4)(C), the Consumer Product 
     Safety Commission;
       (C) described in subparagraphs (D) and (E) of paragraph 
     (4), the Environmental Protection Agency; and
       (D) described in subparagraph (F) of paragraph (4)--
       (i) the Food and Drug Administration, if the item is 
     intended to be a component part of a product described in 
     subparagraphs (A) and (B) of paragraph (4);
       (ii) the Consumer Product Safety Commission, if the item is 
     intended to be a component part of a product described in 
     paragraph (4)(C); and
       (iii) the Environmental Protection Agency, if the item is 
     intended to be a component part of a product described in 
     subparagraphs (D) and (E) of paragraph (4).
       (2) Commerce.--The term ``commerce'' means trade, traffic, 
     commerce, or transportation--
       (A) between a place in a State and any place outside of the 
     State; or
       (B) which affects trade, traffic, commerce, or 
     transportation described in subparagraph (A).
       (3) Commissioner of u.s. customs and border protection.--
     The term ``Commissioner of U.S. Customs and Border 
     Protection'' means the Commissioner responsible for U.S. 
     Customs and Border Protection of the Department of Homeland 
     Security.
       (4) Covered product.--The term ``covered product'' means 
     any of the following:
       (A) Drugs, devices, and cosmetics, as such terms are 
     defined in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321).
       (B) A biological product, as such term is defined in 
     section 351(i) of the Public Health Service Act (42 U.S.C. 
     262(i)).
       (C) A consumer product, as such term is used in section 
     3(a) of the Consumer Product Safety Act (15 U.S.C. 2052).
       (D) A chemical substance or new chemical substance, as such 
     terms are defined in section 3 of the Toxic Substances 
     Control Act (15 U.S.C. 2602).
       (E) A pesticide, as such term is defined in section 2 of 
     the Federal Insecticide, Fungicide, and Rodenticide Act (7 
     U.S.C. 136).
       (F) An item intended to be a component part of a product 
     described in subparagraph (A), (B), (C), (D), or (E) but is 
     not yet a component part of such product.
       (5) Distribute in commerce.--The term ``distribute in 
     commerce'' means to sell in commerce, to introduce or deliver 
     for introduction into commerce, or to hold for sale or 
     distribution after introduction into commerce.

     SEC. 5004. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS 
                   AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE 
                   UNITED STATES.

       (a) Registration.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act and except as otherwise provided in 
     this subsection, the head of each applicable agency shall 
     require foreign manufacturers and producers of covered 
     products distributed in commerce to establish a registered 
     agent in the United States who is authorized to accept 
     service of process on behalf of such manufacturer or 
     producer--
       (A) for the purpose of any civil or regulatory proceeding 
     in State or Federal court relating--
       (i) to a covered product; and
       (ii) to--

       (I) commerce in the United States;
       (II) an injury or damage suffered in the United States; or
       (III) conduct within the United States; and

       (B) if such service is made in accord with the State or 
     Federal rules for service of process in the State of the 
     civil or regulatory proceeding.
       (2) Location.--The head of each applicable agency shall 
     require that an agent of a foreign manufacturer or producer 
     registered under this subsection with respect to a covered 
     product be located in a State with a substantial connection 
     to the importation, distribution, or sale of the covered 
     product.
       (3) Minimum size.--This subsection shall only apply to 
     foreign manufacturers and producers that manufacture or 
     produce covered products in excess of a minimum value or 
     quantity the head of the applicable agency shall prescribe by 
     rule for purposes of this section. Such rules may include 
     different minimum values or quantities for different 
     subcategories of covered products prescribed by the head of 
     the applicable agency for purposes of this section.
       (b) Registry of Agents of Foreign Manufacturers.--
       (1) In general.--The Secretary of Commerce shall, in 
     cooperation with each head of an applicable agency, establish 
     and keep up to date a registry of agents registered under 
     subsection (a).
       (2) Availability.--The Secretary of Commerce shall make the 
     registry established under paragraph (1) available--
       (A) to the public through the Internet website of the 
     Department of Commerce; and
       (B) to the Commissioner of U.S. Customs and Border 
     Protection.
       (c) Consent to Jurisdiction.--A foreign manufacturer or 
     producer of covered products that registers an agent under 
     this section thereby consents to the personal jurisdiction of 
     the State or Federal courts of the State in which the 
     registered agent is located for the purpose of any civil or 
     regulatory proceeding relating--
       (1) to a covered product; and
       (2) to--
       (A) commerce in the United States;
       (B) an injury or damage suffered in the United States; or
       (C) conduct within the United States.
       (d) Declarations.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, any person importing a covered 
     product manufactured outside the United States shall provide 
     a declaration to U.S. Customs and Border Protection that--
       (A) the person has made appropriate inquiry, including 
     seeking appropriate documentation from the exporter of the 
     covered product and consulting the registry of agents of 
     foreign manufacturers described in subsection (b); and
       (B) to the best of the person's knowledge, with respect to 
     each importation of a covered product, the foreign 
     manufacturer or producer of the product has established a 
     registered agent in the United States as required under 
     subsection (a).
       (2) Penalties.--Any person who fails to provide a 
     declaration required under paragraph (1), or files a false 
     declaration, shall be subject to any applicable civil or 
     criminal penalty, including seizure and forfeiture, that may 
     be imposed under the customs laws of the United States or 
     title 18, United States Code, with respect to the importation 
     of a covered product.
       (e) Regulations.--Not later than the date described in 
     subsection (a)(1), the Secretary of Commerce, the 
     Commissioner of U.S. Customs and Border Protection, and each 
     head of an applicable agency shall prescribe regulations to 
     carry out this section, including the establishment of 
     minimum values and quantities under subsection (a)(3).

     SEC. 5005. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD 
                   PRODUCERS AUTHORIZED TO ACCEPT SERVICE OF 
                   PROCESS IN THE UNITED STATES.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary of Agriculture and the Commissioner 
     of Food and Drugs shall jointly--
       (1) complete a study on the feasibility and advisability of 
     requiring foreign producers of food distributed in commerce 
     to establish a registered agent in the United States who is 
     authorized to accept service of process on behalf of such 
     producers for the purpose of all civil and regulatory actions 
     in State and Federal courts; and
       (2) submit to Congress a report on the findings of the 
     Secretary with respect to such study.

     SEC. 5006. STUDY ON REGISTRATION OF AGENTS OF FOREIGN 
                   MANUFACTURERS AND PRODUCERS OF COMPONENT PARTS 
                   WITHIN COVERED PRODUCTS.

       Not later than 1 year after the date of the enactment of 
     this Act, the head of each applicable agency shall--
       (1) complete a study on determining feasible and advisable 
     methods of requiring manufacturers or producers of component 
     parts within covered products manufactured or produced 
     outside the United States and distributed in commerce to 
     establish registered agents in the United States who are 
     authorized to accept service of process on behalf of such 
     manufacturers or producers for the purpose of all civil and 
     regulatory actions in State and Federal courts; and
       (2) submit to Congress a report on the findings of the head 
     of the applicable agency with respect to the study.

     SEC. 5007. RELATIONSHIP WITH OTHER LAWS.

       Nothing in this title shall affect the authority of any 
     State to establish or continue in effect a provision of State 
     law relating to service of process or personal jurisdiction, 
     except to the extent that such provision of law is 
     inconsistent with the provisions of this title, and then only 
     to the extent of such inconsistency.
                                 ______
                                 
  SA 4551. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 5297, to create the Small Business Lending Fund 
Program to direct the Secretary of the Treasury to make capital 
investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

[[Page 14350]]



     SEC. ____. REPEAL OF UNEARNED INCOME MEDICARE CONTRIBUTION.

       Section 1402 of the Health Care and Education 
     Reconciliation Act of 2010 and the amendments made by such 
     section are repealed.
                                 ______
                                 
  SA 4552. Mr. McCAIN (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed to amendment SA 4519 proposed by Mr. Reid (for 
himself, Mr. Baucus, and Ms. Landrieu) to the bill H.R. 5297, to create 
the Small Business Lending Fund Program to direct the Secretary of the 
Treasury to make capital investments in eligible institutions in order 
to increase the availability of credit for small businesses, to amend 
the Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BORDER SECURITY.

       (a) United States Customs and Border Protection.--
       (1) Requirement for additional agents.--Not later than 
     January 1, 2015, the Secretary of Homeland Security shall 
     increase the number of trained Customs and Border Patrol 
     agents stationed along the international border between the 
     United States and Mexico border by 6,000, compared to the 
     number of agents at such locations as of the date of the 
     enactment of this Act to increase security and expedite cross 
     border trade. The Secretary shall make progress in increasing 
     such number of trained Customs and Border Patrol agents 
     during each of the years 2010 through 2015.
       (2) Offsetting rescission.--On the date of the enactment of 
     this Act, the unobligated balance of each amount appropriated 
     or made available under division A of the American Recovery 
     and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 
     116), other than under title X of such division, is hereby 
     rescinded pro rata such that the aggregate amount of such 
     rescissions equals $1,200,000,000.
       (b) Operation Streamline.--
       (1) Appropriation of funds.--To fully fund multi-agency law 
     enforcement initiatives that address illegal crossings of the 
     Southwest border, including those in the Tucson Sector, as 
     authorized under title II of division B and title III of 
     division C of the Consolidated Appropriations Act, 2010 
     (Public Law 111-117; 123 Stat. 3034), $200,000,000 for fiscal 
     year 2011, of which--
       (A) $155,000,000 shall be available for the Department of 
     Justice for--
       (i) hiring additional Deputy United States Marshals;
       (ii) constructing additional permanent and temporary 
     detention space; and
       (iii) other established and related needs of the Secretary 
     of Homeland Security and the Attorney General; and
       (B) $45,000,000 shall be available for the Judiciary for--
       (i) courthouse renovation;
       (ii) administrative support, including hiring additional 
     clerks for each District to process additional criminal 
     cases; and
       (iii) hiring additional judges.
       (2) Offsetting rescission.--On the date of the enactment of 
     this Act, the unobligated balance of each amount appropriated 
     or made available under division A of the American Recovery 
     and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 
     116), other than under title X of such division, is hereby 
     rescinded pro rata such that the aggregate amount of such 
     rescissions equals $200,000,000.
                                 ______
                                 
  SA 4553. Mrs. LINCOLN (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill H.R. 5297, to 
create the Small Business Lending Fund Program to direct the Secretary 
of the Treasury to make capital investments in eligible institutions in 
order to increase the availability of credit for small businesses, to 
amend the Internal Revenue Code of 1986 to provide tax incentives for 
small business job creation, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of part IV of subtitle A of title II, insert the 
     following:

     SEC. ___. INCREASE IN LIMITATION FOR ALTERNATIVE TAX 
                   LIABILITY FOR SMALL PROPERTY AND CASUALTY 
                   INSURANCE COMPANIES.

       (a) In General.--Clause (i) of section 831(b)(2)(A) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(i) the net written premiums (or, if greater, direct 
     written premiums) for the taxable year do not exceed 
     $2,025,000, and''.
       (b) Inflation Adjustment.--Paragraph (2) of section 831(b) 
     of such Code is amended by adding at the end the following 
     new subparagraph:
       ``(C) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2010, the dollar 
     amount set forth in subparagraph (A) shall be increased by an 
     amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year by substituting 
     `calendar year 2009' for `calendar year 1992' in subparagraph 
     (B) thereof.
     If the amount as adjusted under the preceding sentence is not 
     a multiple of $1,000, such amount shall be rounded to the 
     next lowest multiple of $1,000.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 4554. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 5297, to create the Small Business Lending Fund 
Program to direct the Secretary of the Treasury to make capital 
investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title IV, add the following:

     SEC. 4__. ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS.

       In chapter 2 of title I of the Act entitled ``An Act making 
     supplemental appropriations for the fiscal year ending 
     September 30, 2010, and for other purposes'', strike the 
     matter under the heading ``economic development assistance 
     programs'' under the heading ``Economic Development 
     Administration'' under the heading ``DEPARTMENT OF COMMERCE'' 
     and insert the following:
       ``Pursuant to section 703 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3233), for an additional 
     amount for ```Economic Development Assistance Programs''', 
     for necessary expenses relating to disaster relief, long-term 
     recovery, and restoration of infrastructure in areas affected 
     by flooding for which the President declared a major disaster 
     during the period beginning on March 29, 2010, and ending on 
     May 7, 2010, which included individual assistance for an 
     entire State or not fewer than 45 counties within a State 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.), 
     $49,000,000, to remain available until expended: Provided, 
     That not more than 50 percent of the amount provided under 
     this heading shall be allocated to any State.''.
                                 ______
                                 
  SA 4555. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 5297, to create the Small Business Lending Fund 
Program to direct the Secretary of the Treasury to make capital 
investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 130, after line 25, insert the following:

     SEC. 1705. COMMUNITY DEVELOPMENT FUNDS.

       Chapter 11 of title I of the Supplemental Appropriations 
     Act, 2010, is amended by striking the heading ``Community 
     Development Fund'' and all the matter that follows through 
     the ninth proviso under such heading and inserting the 
     following:

                      ``community development fund

       ``For an additional amount for the `Community Development 
     Fund', for necessary expenses related to disaster relief, 
     long-term recovery, and restoration of infrastructure, 
     housing, and economic revitalization in areas affected by 
     flooding for which the President declared a major disaster 
     between March 29, 2010, and May 7, 2010, which included 
     Individual Assistance for an entire State or not fewer than 
     45 counties within a State under title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act of 
     1974, $100,000,000, to remain available until expended, for 
     activities authorized under title I of the Housing and 
     Community Development Act of 1974 (Public Law 93-383): 
     Provided, That funds shall be awarded directly to the State 
     or unit of general local government at the discretion of the 
     Secretary: Provided further, That prior to the obligation of 
     funds a grantee shall submit a plan to the Secretary 
     detailing the proposed use of all funds, including criteria 
     for eligibility and how the use of these funds will address 
     long-term recovery and restoration of infrastructure: 
     Provided further, That funds provided under this heading may 
     be used by a State or locality as a matching requirement, 
     share, or contribution for any other Federal program: 
     Provided further, That such funds may not be used for 
     activities reimbursable by, or for which funds are made 
     available by, the Federal Emergency Management Agency or the 
     Army Corps of Engineers: Provided further, That funds 
     allocated under this heading shall not adversely affect the 
     amount of any formula assistance received by a State or 
     subdivision thereof under the Community Development Fund:

[[Page 14351]]

     Provided further, That a State or subdivision thereof may use 
     up to 5 percent of its allocation for administrative costs: 
     Provided further, That in administering the funds under this 
     heading, the Secretary of Housing and Urban Development may 
     waive, or specify alternative requirements for, any provision 
     of any statute or regulation that the Secretary administers 
     in connection with the obligation by the Secretary or the use 
     by the recipient of these funds or guarantees (except for 
     requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a request by a 
     State or subdivision thereof explaining why such waiver is 
     required to facilitate the use of such funds or guarantees, 
     if the Secretary finds that such waiver would not be 
     inconsistent with the overall purpose of title I of the 
     Housing and Community Development Act of 1974: Provided 
     further, That the Secretary shall publish in the Federal 
     Register any waiver of any statute or regulation that the 
     Secretary administers pursuant to title I of the Housing and 
     Community Development Act of 1974 no later than 5 days before 
     the effective date of such waiver: Provided further, That the 
     Secretary shall obligate to a State or subdivision thereof 
     not less than 50 percent of the funding provided under this 
     heading within 90 days after the enactment of this Act: 
     Provided further, That not more than 50 percent of the 
     funding provided under this heading shall be allocated to any 
     State (including units of general local government).''.
                                 ______
                                 
  SA 4556. Mr. ROCKEFELLER (for himself and Mr. Goodwin) submitted an 
amendment intended to be proposed to amendment SA 4519 proposed by Mr. 
Reid (for himself, Mr. Baucus, and Ms. Landrieu) to the bill H.R. 5297, 
to create the Small Business Lending Fund Program to direct the 
Secretary of the Treasury to make capital investments in eligible 
institutions in order to increase the availability of credit for small 
businesses, to amend the Internal Revenue Code of 1986 to provide tax 
incentives for small business job creation, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 284, between lines 9 and 10, insert the following:

           PART IV--COAL ACCOUNTABILITY AND RETIRED EMPLOYEES

     SEC. 4271. AMENDMENT OF SURFACE MINING CONTROL AND 
                   RECLAMATION ACT OF 1977.

       Section 402(i)(2) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(i)(2)) is amended--
       (1) by striking ``Subject to'' and inserting the following:
       ``(A) In general.--Subject to''; and
       (2) by adding at the end the following:
       ``(B) Excess amounts.--
       ``(i) In general.--Subject to paragraph (3), and after all 
     transfers referred to in paragraph (1) and subparagraph (A) 
     of this paragraph have been made, any amounts remaining after 
     the application of paragraph (3)(A) (without regard to this 
     subparagraph) shall be transferred to the trustees of the 
     1974 UMWA Pension Plan and used solely to pay pension 
     benefits required under such plan.
       ``(ii) 1974 umwa pension plan.--In this subparagraph, the 
     term `1974 UMWA Pension Plan' means a pension plan referred 
     to in section 9701(a)(3) of the Internal Revenue Code of 1986 
     but without regard to whether participation in such plan is 
     limited to individuals who retired in 1976 and thereafter.''.
                                 ______
                                 
  SA 4557. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and 
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business 
Lending Fund Program to direct the Secretary of the Treasury to make 
capital investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 214, between lines 3 and 4, insert the following:
       (v) If the eligible institution notifies the Secretary in 
     the application for a capital investment under the Program 
     that the eligible institution elects to have such loans 
     included as small business lending by the eligible 
     institution, construction, land development, and other land 
     loans.
                                 ______
                                 
  SA 4558. Mrs. HUTCHISON (for herself, Mr. Graham, and Mr. Cornyn) 
submitted an amendment intended to be proposed to amendment SA 4519 
proposed by Mr. Reid (for himself, Mr. Baucus, and Ms. Landrieu) to the 
bill H.R. 5297, to create the Small Business Lending Fund Program to 
direct the Secretary of the Treasury to make capital investments in 
eligible institutions in order to increase the availability of credit 
for small businesses, to amend the Internal Revenue Code of 1986 to 
provide tax incentives for small business job creation, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B, add the following:

    PART ___--TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

     SEC. 4___. TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
                   PROGRAM.

       (a) Funding.--The matter under the heading ``Title 17 
     Innovative Technology Loan Guarantee Program'' of title III 
     of division C of the Omnibus Appropriations Act, 2009 (Public 
     Law 111-8; 123 Stat. 619) is amended, in the matter preceding 
     the first proviso--
       (1) by striking ``$47,000,000,000'' and inserting 
     ``$56,000,000,000''; and
       (2) by striking ``$18,500,000,000'' and inserting 
     ``$27,500,000,000''.
       (b) Use of Stimulus Funds to Offset Spending.--
       (1) In general.--The unobligated balance of each amount 
     appropriated or made available under the American Recovery 
     and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 
     115) (other than under title X of division A of that Act) is 
     rescinded, on a pro rata basis, by an aggregate amount that 
     equals the amounts necessary to offset any net increase in 
     spending or foregone revenues resulting from this section and 
     the amendments made by this section.
       (2) Report.--The Director of the Office of Management and 
     Budget shall submit to each congressional committee the 
     amounts rescinded under paragraph (1) that are within the 
     jurisdiction of the committee.
                                 ______
                                 
  SA 4559. Mr. HATCH (for himself and Mr. Brown of Massachusetts) 
submitted an amendment intended to be proposed to amendment SA 4519 
proposed by Mr. Reid (for himself, Mr. Baucus, and Ms. Landrieu) to the 
bill H.R. 5297, to create the Small Business Lending Fund Program to 
direct the Secretary of the Treasury to make capital investments in 
eligible institutions in order to increase the availability of credit 
for small businesses, to amend the Internal Revenue Code of 1986 to 
provide tax incentives for small business job creation, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title II, insert the following:

                        PART V--OTHER PROVISIONS

     SEC. ____. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2010''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) of such Code is amended by striking ``December 31, 
     2009'' and inserting ``December 31, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.
                                 ______
                                 
  SA 4560. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 5297, to create the Small Business Lending Fund 
Program to direct the Secretary of the Treasury to make capital 
investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec._. There is appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2010, for an additional amount for 
     ``Salaries and Expenses'' of the United States Patent and 
     Trademark Office, $129,000,000, to remain available until 
     expended: Provided, That the sum herein appropriated from the 
     general fund shall be reduced as offsetting collections 
     assessed and collected pursuant to 15 U.S.C. 1113 and 35 
     U.S.C. 41 and 376 are received during fiscal year 2010, so as 
     to result in a fiscal year 2010 appropriation from the 
     general fund estimated at $0: Provided further, That during 
     fiscal year 2010, should the total amount of offsetting fee 
     collections be less than $2,016,000,000, this amount shall be 
     reduced accordingly: Provided further, That any amount 
     received in excess of $2,016,000,000 in fiscal year 2010, in 
     an amount up to $150,000,000, shall remain available until 
     expended: Provided further, That $129,000,000 in prior year 
     unobligated balances available to ``Periodic Censuses and 
     Programs'' of the Bureau of the Census, Department of 
     Commerce, are hereby rescinded.
                                 ______
                                 
  SA 4561. Mr. REID submitted an amendment intended to be proposed by

[[Page 14352]]

him to the bill H.R. 5297, to create the Small Business Lending Fund 
Program to direct the Secretary of the Treasury to make capital 
investments in eligible institutions in order to increase the 
availability of credit for small businesses, to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

                               TITLE ___

                            BORDER SECURITY

                               CHAPTER 1

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $253,900,000, to remain available until September 30, 2011, 
     of which $39,000,000 shall be for costs to maintain U.S. 
     Customs and Border Protection Officer staffing on the 
     Southwest Border of the United States, $29,000,000 shall be 
     for hiring additional U.S. Customs and Border Protection 
     Officers for deployment at ports of entry on the Southwest 
     Border of the United States, $175,900,000 shall be for hiring 
     additional Border Patrol agents for deployment to the 
     Southwest Border of the United States, and $10,000,000 shall 
     be to support integrity and background investigation 
     programs.

        border security fencing, infrastructure, and technology

       For an additional amount for ``Border Security Fencing, 
     Infrastructure, and Technology,'' $14,000,000, to remain 
     available until September 30, 2011, for costs of designing, 
     building, and deploying tactical communications for support 
     of enforcement activities on the Southwest Border of the 
     United States.

 air and marine interdiction, operations, maintenance, and procurement

       For an additional amount for ``Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement'', $32,000,000, to 
     remain available until September 30, 2012, for costs of 
     acquisition and deployment of unmanned aircraft systems.

                 construction and facilities management

       For an additional amount for ``Construction and Facilities 
     Management'', $6,000,000, to remain available until September 
     30, 2011, for costs to construct up to two forward operating 
     bases for use by the Border Patrol to carry out enforcement 
     activities on the Southwest Border of the United States.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For an additional amount for `Salaries and Expenses', 
     $80,000,000, to remain available until September 30, 2011, of 
     which $30,000,000 shall be for law enforcement activities 
     targeted at reducing the threat of violence along the 
     Southwest Border of the United States and $50,000,000 shall 
     be for hiring of additional agents, investigators, 
     intelligence analysts, and support personnel.

                Federal Law Enforcement Training Center

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $8,100,000, to remain available until September 30, 2011, for 
     costs to provide basic training for new U.S. Customs and 
     Border Protection Officers, Border Patrol agents, and U.S. 
     Immigration and Customs Enforcement personnel.


                              (rescission)

       Sec. __101. From unobligated balances of prior year 
     appropriations made available to ``U.S. Customs and Border 
     Protection--Border Security Fencing, Infrastructure, and 
     Technology'', $100,000,000 are rescinded: Provided, That 
     section __01 of chapter 4 of this title shall not apply to 
     the amount in this section.

                               CHAPTER 2

       Sec. __201.  For an additional amount for the Department of 
     Justice for necessary expenses for increased law enforcement 
     activities related to Southwest border enforcement, 
     $196,000,000, to remain available until September 30, 2011: 
     Provided, That funds shall be distributed to the following 
     accounts and in the following specified amounts:
       (1) ``Administrative Review and Appeals'', $2,118,000;
       (2) ``Detention Trustee'', $7,000,000;
       (3) ``Legal Activities, Salaries and Expenses, General 
     Legal Activities'', $3,862,000;
       (4) ``Legal Activities, Salaries and Expenses, United 
     States Attorneys'', $9,198,000;
       (5) ``United States Marshals Service, Salaries and 
     Expenses'', $29,651,000;
       (6) ``United States Marshals Service, Construction'', 
     $8,000,000;
       (7) ``Interagency Law Enforcement, Interagency Crime and 
     Drug Enforcement'', $21,000,000;
       (8) ``Federal Bureau of Investigation, Salaries and 
     Expenses'', $24,000,000;
       (9) ``Drug Enforcement Administration, Salaries and 
     Expenses'', $33,671,000;
       (10) ``Bureau of Alcohol, Tobacco, Firearms and Explosives, 
     Salaries and Expenses'', $37,500,000; and
       (11) ``Federal Prison System, Salaries and Expenses'', 
     $20,000,000.

                               CHAPTER 3

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for ``Salaries and Expenses'', 
     $10,000,000, to remain available until September 30, 2011: 
     Provided, That notwithstanding section 302 of division C of 
     Public Law 111-117, funding shall be available for transfer 
     between Judiciary accounts to meet increased workload 
     requirements resulting from immigration and other law 
     enforcement initiatives.

                               CHAPTER 4

                           GENERAL PROVISION

       Sec. __01.  Each amount in this title is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                          ____________________