[Congressional Record (Bound Edition), Volume 156 (2010), Part 2]
[Senate]
[Pages 2800-2807]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3431. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 161, between lines 10 and 11, insert the following:

     SEC. ___. REPLENISHMENT OF GENERAL FUND THROUGH RESCISSION OF 
                   CERTAIN STIMULUS FUNDS.

       Notwithstanding section 5 of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 116), 
     from the amounts appropriated or made available under 
     division A such Act (other than under title X of such 
     division A), there is rescinded $35,000,000,000 of any 
     remaining unobligated amounts. The Director of the Office of 
     Management and Budget shall apply the rescission in a pro 
     rata manner with respect to such amounts. The Director of the 
     Office of Management and Budget shall report to each 
     congressional committee the amounts so rescinded within the 
     jurisdiction of such committee.
                                 ______
                                 
  SA 3432. Mr. AKAKA submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. TREATMENT FOR CERTAIN EMPLOYEES PAID SAVED OR 
                   RETAINED RATES.

       (a) In General.--Section 1918(a)(3) of the Non-Foreign Area 
     Retirement Equity Assurance Act of 2009 (5 U.S.C. 5304 note) 
     is amended by striking ``January 1, 2012'' and inserting 
     ``January 1, 2010''.
       (b) Interim Pay Adjustments.--
       (1) Adjustments.--
       (A) In general.--Until the Director of the Office of 
     Personnel Management prescribes

[[Page 2801]]

     regulations in accordance with the amendment made by 
     subsection (a), for employees receiving a cost-of-living 
     allowance under section 5941 of title 5, United States Code, 
     and a retained rate under section 5363 of that title, 
     agencies shall--
       (i) calculate the adjustment under section 5363(b)(2)(B) of 
     that title based on a maximum rate of basic pay, excluding 
     any locality-based comparability payment; and
       (ii) provide an additional adjustment reflecting the full 
     increase in the locality-based comparability payment that 
     would apply to the employee but for receipt of a retained 
     rate.
       (B) Guidance.--Not later than 30 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall issue guidance for carrying out 
     paragraph (1).
       (C) Other pay systems.--For employees in another pay system 
     that receive a retained rate equivalent to a retained rate 
     under section 5363 of title 5, United States Code, equivalent 
     treatment shall be provided, consistent with section 1918(b) 
     of the Non-Foreign Area Retirement Equity Assurance Act of 
     2009.
                                 ______
                                 
  SA 3433. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title VI, add the following:

     SEC. 602. LOAN GUARANTEES FOR SHIPYARDS AND REPROGRAMMING OF 
                   FUNDS FOR SEALIFT CAPACITY.

       Section 115 of the Miscellaneous Appropriations and Offsets 
     Act, 2004 (division H of Public Law 108-199; 118 Stat. 439), 
     as amended by section 1017 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 250), is 
     amended to read as follows:
       ``Sec. __. (a)(1) Of the amounts provided in the Department 
     of Defense Appropriations Act, 2002 (Public Law 107-117; 115 
     Stat. 2244), the Department of Defense Appropriations Act, 
     2003 (Public Law 107-248; 116 Stat. 1533), and the Department 
     of Defense Appropriations Act, 2004 (Public Law 108-87; 117 
     Stat. 1068) under the heading `National Defense Sealift Fund' 
     for construction of additional sealift capacity, 
     notwithstanding section 2218(c)(1) of title 10, United States 
     Code--
       ``(A) $15,000,000, shall be made available for the 
     Secretary of Transportation to make loan guarantees as 
     described in subsection (b); and
       ``(B) any remaining amount shall be made available for--
       ``(i) design testing simulation and construction of 
     infrastructure improvements to a marine cargo terminal 
     capable of supporting a mixed use of traditional container 
     operations, high speed loading and off-loading, and military 
     sealift requirements; and
       ``(ii) engineering, simulation, and feasibility evaluation 
     of advance design vessels for the transport of high-value, 
     time sensitive cargoes to expand a capability to support 
     military sealift, aviation, and commercial operations.
       ``(2) The amounts made available in this subsection shall 
     remain available until expended.
       ``(b)(1) A loan guarantee described in this subsection is a 
     loan guarantee issued by the Secretary of Transportation to 
     maintain the capability of a qualified shipyard to construct 
     a large ocean going commercial vessel if the applicant for 
     such a loan guarantee demonstrates that absent such loan 
     guarantee--
       ``(A) the domestic capacity for the construction of large 
     ocean going commercial vessels will be significantly 
     impaired;
       ``(B) more than 1,000 shipbuilding-related jobs will be 
     terminated at any one facility; and
       ``(C) the capability of domestic shipyards to meet the 
     demand for replacement and expansion of the domestic ocean 
     going commercial fleet will be significantly constrained.
       ``(2) In this subsection, the term `qualified shipyard' 
     means a shipyard that--
       ``(A) is located in the United States;
       ``(B) consists of at least one facility with not less than 
     of 1,000 employees;
       ``(C) has exclusively constructed ocean going commercial 
     vessels larger than 20,000 gross registered tons;
       ``(D) delivered 8 or more such ocean going commercial 
     vessels during the 5-year period ending on the date of the 
     enactment of the American Workers, State, and Business Relief 
     Act of 2010; and
       ``(E) applies for a loan guarantee made available pursuant 
     to subsection (a)(1)(A).
       ``(3) Notwithstanding the provisions of chapter 537 of 
     subtitle V of title 46, United States Code, or any 
     regulations issued pursuant to such chapter, a loan guarantee 
     pursuant to subsection (a)(1)() shall be issued only to a 
     qualified shipyard upon commitment by the qualified shipyard 
     of not less than $40,000,000 in equity and demonstrated proof 
     that actual construction of the new vessel for which such 
     loan guarantee was issued will commence not later than April 
     30, 2010.
       ``(4) A loan guarantee issued pursuant to subsection 
     (a)(1)(A) shall be deemed to have a subsidy rate of no 
     greater than 9 percent.
       ``(5) The Secretary of Transportation shall select each 
     qualified shipyard to receive a loan guarantee pursuant to 
     subsection (a)(1)(A) not later than 60 days after the date of 
     the enactment of the American Workers, State, and Business 
     Relief Act of 2010.''.
                                 ______
                                 
  SA 3434. Mr. REED (for himself, Mr. Kerry, Mr. Lieberman, Mr. 
Whitehouse, and Mrs. Shaheen) submitted an amendment intended to be 
proposed by him to the bill H.R. 4213, to amend the Internal Revenue 
Code of 1986 to extend certain expiring provisions, and for other 
purposes; which was ordered to lie on the table; as follows:

       After section 201 insert the following:

     SEC. 202. MODIFICATION TO ELIGIBILITY REQUIREMENTS FOR 
                   EMERGENCY UNEMPLOYMENT COMPENSATION.

       (a) Individual Not Ineligible by Reason of Subsequent 
     Entitlement to Regular Benefits.--Section 4001 of the 
     Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 
     U.S.C. 3304 note) is amended by adding at the end the 
     following new subsection:
       ``(g) Certain Rights to Regular Compensation Disregarded.--
     If an individual exhausted the individual's rights to regular 
     compensation for any benefit year, such individual's 
     eligibility to receive emergency unemployment compensation 
     under this title in respect of such benefit year shall be 
     determined without regard to any rights to regular 
     compensation for a subsequent benefit year if such individual 
     does not file a claim for regular compensation for such 
     subsequent benefit year.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by this section shall 
     apply to weeks of unemployment beginning after the date of 
     the enactment of this Act.
       (2) Transition rules.--
       (A) Waiver of recovery of certain overpayments.--On and 
     after the date of the enactment of this Act, no repayment of 
     any emergency unemployment compensation shall be required 
     under section 4005 of the Supplemental Appropriations Act, 
     2008 (Public Law 110-252; 26 U.S.C. 3304 note) if the 
     individual would have been entitled to receive such 
     compensation had the amendment made by subsection (a) applied 
     to all weeks beginning on or before the date of the enactment 
     of this Act.
       (B) Waiver of rights to certain regular benefits.--If--
       (i) before the date of the enactment of this Act, an 
     individual exhausted the individual's rights to regular 
     compensation for any benefit year, and
       (ii) after such exhaustion, such individual was not 
     eligible to receive emergency unemployment compensation under 
     title IV of the Supplemental Appropriations Act, 2008 (Public 
     Law 110-252; 26 U.S.C. 3304 note) by reason of being entitled 
     to regular compensation for a subsequent benefit year,

     such individual may elect to defer the individual's rights to 
     regular compensation for such subsequent benefit year with 
     respect to weeks beginning after such date of enactment until 
     such individual has exhausted the individual's rights to 
     emergency unemployment compensation in respect of the benefit 
     year referred to in clause (i), and such individual shall be 
     entitled to receive emergency unemployment compensation for 
     such weeks in the same manner as if the individual had not 
     been entitled to the regular compensation to which the 
     election applies.
                                 ______
                                 
  SA 3435. Mr. REED (for himself, Mr. Dodd, Mr. Kerry, Ms. Cantwell, 
Mr. Whitehouse, and Mrs. Shaheen) submitted an amendment intended to be 
proposed by him to the bill H.R. 4213, to amend the Internal Revenue 
Code of 1986 to extend certain expiring provisions, and for other 
purposes; which was ordered to lie on the table; as follows:

       After section 201 insert the following:

     SEC. 202. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.

       (a) In General.--Section 3306 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(v) Short-Time Compensation Program.--For purposes of 
     this chapter, the term `short-time compensation program' 
     means a program under which--
       ``(1) the participation of an employer is voluntary;
       ``(2) an employer reduces the number of hours worked by 
     employees through certifying that such reductions are in lieu 
     of temporary layoffs;
       ``(3) such employees are eligible for unemployment 
     compensation if their workweeks have been reduced by the 
     percent designated by State law, provided that such reduction 
     may not be less than 10 percent or more than 60 percent;
       ``(4) the amount of unemployment compensation payable to 
     any such employee is a pro rata portion of the unemployment 
     compensation which would be payable to the employee if such 
     employee were totally unemployed;

[[Page 2802]]

       ``(5) such employees are not expected to meet the 
     availability for work or work search test requirements while 
     collecting short-time compensation benefits, but are required 
     to be available for their normal workweek;
       ``(6) eligible employees may participate in an employer-
     sponsored training program to enhance job skills if such 
     program has been approved by the State agency;
       ``(7) beginning on the date which is 2 years after the date 
     of enactment of this subsection, the employer certifies that 
     continuation of health benefits and retirement benefits under 
     a defined benefit pension plan (as defined in section 3(35) 
     of the Employee Retirement Income Security Act of 1974) is 
     not affected by participation in the program;
       ``(8) the employer (or an employer's association which is 
     party to a collective bargaining agreement) submits a written 
     plan describing the manner in which the requirements of this 
     subsection will be implemented and containing such other 
     information as the Secretary of Labor determines is 
     appropriate;
       ``(9) in the case of employees represented by a union, the 
     appropriate official of the union has agreed to the terms of 
     the employer's written plan and implementation is consistent 
     with employer obligations under the National Labor Relations 
     Act; and
       ``(10) only such other provisions are included in the State 
     law as the Secretary of Labor determines appropriate for 
     purposes of a short-term compensation program.''.
       (b) Assistance and Guidance in Implementing Programs.--
       (1) Assistance and guidance.--
       (A) In general.--In order to assist States in establishing, 
     qualifying, and implementing short-time compensation 
     programs, as defined in section 3306(v) of the Internal 
     Revenue Code of 1986 (as added by subsection (a)), the 
     Secretary of Labor (in this section referred to as the 
     ``Secretary'') shall--
       (i) develop model legislative language which may be used by 
     States in developing and enacting short-time compensation 
     programs and shall periodically review and revise such model 
     legislative language;
       (ii) provide technical assistance and guidance in 
     developing, enacting, and implementing such programs;
       (iii) establish biannual reporting requirements for States, 
     including number of averted layoffs, number of participating 
     companies and workers, and retention of employees following 
     participation; and
       (iv) award start-up grants to State agencies under 
     subparagraph (B).
       (B) Grants.--
       (i) In general.--The Secretary shall award start-up grants 
     to State agencies that apply not later than June 30, 2011, in 
     States that enact short-time compensation programs after the 
     date of enactment of this Act for the purpose of creating 
     such programs. The amount of such grants shall be awarded 
     depending on the costs of implementing such programs.
       (ii) Eligibility.--In order to receive a grant under clause 
     (i) a State agency shall meet requirements established by the 
     Secretary, including any reporting requirements under clause 
     (iii). Each State agency shall be eligible to receive not 
     more than one such grant.
       (iii) Reporting.--The Secretary may establish reporting 
     requirements for State agencies receiving a grant under 
     clause (i) in order to provide oversight of grant funds used 
     by States for the creation of short-time compensation 
     programs.
       (iv) Funding.--There are appropriated, out of any moneys in 
     the Treasury not otherwise appropriated, to the Secretary, 
     such sums as the Secretary certifies as necessary for the 
     period of fiscal years 2010 and 2011 to carry out this 
     subparagraph.
       (2) Timeframe.--The initial model legislative language 
     referred to in paragraph (1)(A) shall be developed not later 
     than 60 days after the date of enactment of this Act.
       (c) Reports.--
       (1) Initial report.--Not later than 4 years after the date 
     of enactment of this Act, the Secretary shall submit to 
     Congress and to the President a report or reports on the 
     implementation of this section. Such report or reports shall 
     include--
       (A) a study of short-time compensation programs;
       (B) an analysis of the significant impediments to State 
     enactment and implementation of such programs; and
       (C) such recommendations as the Secretary determines 
     appropriate.
       (2) Subsequent reports.--After the submission of the report 
     under paragraph (1), the Secretary may submit such additional 
     reports on the implementation of short-time compensation 
     programs as the Secretary deems appropriate.
       (3) Funding.--There are appropriated, out of any moneys in 
     the Treasury not otherwise appropriated, to the Secretary, 
     $1,500,000 to carry out this subsection, to remain available 
     without fiscal year limitation.
       (d) Conforming Amendments.--
       (1) Internal revenue code of 1986.--
       (A) Subparagraph (E) of section 3304(a)(4) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(E) amounts may be withdrawn for the payment of short-
     time compensation under a short-time compensation program (as 
     defined in section 3306(v));''.
       (B) Subsection (f) of section 3306 of the Internal Revenue 
     Code of 1986 is amended--
       (i) by striking paragraph (5) (relating to short-term 
     compensation) and inserting the following new paragraph:
       ``(5) amounts may be withdrawn for the payment of short-
     time compensation under a short-time compensation program (as 
     defined in subsection (v));'', and
       (ii) by redesignating paragraph (5) (relating to self-
     employment assistance program) as paragraph (6).
       (2) Social security act.--Section 303(a)(5) of the Social 
     Security Act is amended by striking ``the payment of short-
     time compensation under a plan approved by the Secretary of 
     Labor'' and inserting ``the payment of short-time 
     compensation under a short-time compensation program (as 
     defined in section 3306(v) of the Internal Revenue Code of 
     1986)''.
       (3) Repeal.--Subsections (b) through (d) of section 401 of 
     the Unemployment Compensation Amendments of 1992 (26 U.S.C. 
     3304 note) are repealed.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

     SEC. 203. TEMPORARY FINANCING OF CERTAIN SHORT-TIME 
                   COMPENSATION PROGRAMS.

       (a) Payments to States With Certified Programs.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Labor (in this 
     section referred to as the ``Secretary'') shall establish a 
     program under which the Secretary shall make payments to any 
     State unemployment trust fund to be used for the payment of 
     unemployment compensation if the Secretary approves an 
     application for certification submitted under paragraph (3) 
     for such State to operate a short-time compensation program 
     (as defined in section 3306(v) of the Internal Revenue Code 
     of 1986 (as added by section 202(a))) which requires the 
     maintenance of health and retirement employee benefits as 
     described in paragraph (7) of such section 3306(v), in 
     addition to other requirements of this Act and 
     notwithstanding the otherwise effective date of such 
     requirement.
       (2) Reimbursement.--Subject to subsection (d), the payment 
     to a State under paragraph (1) shall be an amount equal to 
     100 percent of the total amount of benefits paid to 
     individuals by the State pursuant to the short-time 
     compensation program during the weeks of unemployment--
       (A) beginning on or after the date the certification is 
     issued by the Secretary with respect to such program; and
       (B) ending on or before December 31, 2011.
       (3) Certification requirements.--
       (A) In general.--Any State seeking full reimbursement under 
     this subsection shall submit an application for certification 
     at such time, in such manner, and complete with such 
     information as the Secretary may require (whether by 
     regulation or otherwise), including information relating to 
     compliance with the requirements of paragraph (7) of such 
     section 3306(v). The Secretary shall, within 30 days after 
     receiving a complete application, notify the State agency of 
     the State of the Secretary's findings with respect to the 
     requirements of such paragraph (7).
       (B) Findings.--If the Secretary finds that the short-time 
     compensation program operated by the State meets the 
     requirements of such paragraph (7), the Secretary shall 
     certify such State's short-time compensation program thereby 
     making such State eligible for reimbursement under this 
     subsection.  
       (b) Timing of Application Submittals.--No application under 
     subsection (a)(3) may be considered if submitted before the 
     date of enactment of this Act or after the latest date 
     necessary (as specified by the Secretary) to ensure that all 
     payments under this section are made before December 31, 
     2011.
       (c) Terms of Payments.--Payments made to a State under 
     subsection (a)(1) shall be payable by way of reimbursement in 
     such amounts as the Secretary estimates the State will be 
     entitled to receive under this section for each calendar 
     month, reduced or increased, as the case may be, by any 
     amount by which the Secretary finds that the Secretary's 
     estimates for any prior calendar month were greater or less 
     than the amounts which should have been paid to the State. 
     Such estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.
       (d) Limitations.--
       (1) General payment limitations.--No payments shall be made 
     to a State under this section for benefits paid to an 
     individual by the State in excess of 26 weeks of benefits.
       (2) Employer limitations.--No payments shall be made to a 
     State under this section for benefits paid to an individual 
     by the State pursuant to a short-time compensation program if 
     such individual is employed by an employer--
       (A) whose workforce during the 3 months preceding the date 
     of the submission of the employer's short-time compensation 
     plan has been reduced by temporary layoffs of more than 20 
     percent; or

[[Page 2803]]

       (B) on a seasonal, temporary, or intermittent basis.
       (3) Program payment limitation.--In making any payments to 
     a State under this section pursuant to a short-time 
     compensation program, the Secretary may limit the frequency 
     of employer participation in such program.
       (e) Retention Requirement.--
       (1) In general.--A participating employer under this 
     section is required to comply with the terms of the written 
     plan approved by the State agency and act in good faith to 
     retain participating employees.
       (2) Oversight and monitoring.--The Secretary shall 
     establish an oversight and monitoring process by which State 
     agencies will ensure that participating employers comply with 
     the requirements of paragraph (1).
       (f) Funding.--There are appropriated, from time to time, 
     out of any moneys in the Treasury not otherwise appropriated, 
     to the Secretary, such sums as the Secretary certifies are 
     necessary to carry out this section (including to reimburse 
     any additional administrative expenses by reason of the 
     provision of, and amendments made by, this Act that are 
     incurred by the States in operating such short-time 
     compensation programs).
       (g) Definition of State.--In this section, the term 
     ``State'' includes the District of Columbia, the Commonwealth 
     of Puerto Rico, and the Virgin Islands.
       (h) Sunset.--The provisions of this section shall not apply 
     after December 31, 2011.
                                 ______
                                 
  SA 3436. Mr. INOUYE (for himself, Mr. Dorgan, Mr. Byrd, Mr. 
Lautenberg, Mr. Franken, Mr. Tester, and Ms. Landrieu) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                        TITLE ___--OTHER MATTERS

     SEC. ___01. FUNDING TO THE FEDERAL EMERGENCY MANAGEMENT 
                   AGENCY FOR DISASTER RELIEF.

       There are appropriated, out of any funds in the Treasury 
     not otherwise appropriated, for an additional amount for the 
     Department of Homeland Security under the heading ``disaster 
     relief'' under the heading ``Federal Emergency Management 
     Agency'', $5,100,000,000, to remain available until expended: 
     Provided, That of the amount appropriated under this section, 
     up to $5,000,000 shall be transferred to the Department of 
     Homeland Security under the heading ``office of inspector 
     general'' for audits and investigations relating to 
     disasters.

     SEC. ___02. BLACK FARMERS DISCRIMINATION LITIGATION.

       (a) There is hereby appropriated to the Department of 
     Agriculture, $1,150,000,000, to remain available until 
     expended, to carry out the terms of a Settlement Agreement 
     (``such Settlement Agreement'') executed in In re Black 
     Farmers Discrimination Litigation, No. 08-511 (D.D.C.) that 
     is approved by a court order that has become final and non-
     appealable, and that is comprehensive and provides for the 
     final settlement of all remaining Pigford claims (``Pigford 
     claims''), as defined in section 14012(a) of Public Law 110-
     246. The funds appropriated herein for such Settlement 
     Agreement are in addition to the $100,000,000 in funds of the 
     Commodity Credit Corporation (CCC) that section 14012 made 
     available for the payment of Pigford claims and are available 
     only after such CCC funds have been fully obligated. The use 
     of the funds appropriated herein shall be subject to the 
     express terms of such Settlement Agreement. If any of the 
     funds appropriated herein are not used for carrying out such 
     Settlement Agreement, such funds shall be returned to the 
     Treasury and shall not be made available for any purpose 
     related to section 14012, for any other settlement agreement 
     executed in In re Black Farmers Discrimination Litigation, 
     No. 08-511 (D.D.C.), or for any other purpose. If such 
     Settlement Agreement is not executed and approved as provided 
     above, then the sole funding available for Pigford claims 
     shall be the $100,000,000 of funds of the CCC that section 
     14012 made available for the payment of Pigford claims.
       (b) Nothing in this section shall be construed as requiring 
     the United States, any of its officers or agencies, or any 
     other party to enter into such Settlement Agreement or any 
     other settlement agreement.
       (c) Nothing in this section shall be construed as creating 
     the basis for a Pigford claim.
       (d) Section 14012 of Public Law 110-246 is amended by 
     striking subsections (e), (i)(2) and (j), and redesignating 
     the remaining subsections accordingly.

     SEC. ___03. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION 
                   SETTLEMENT ACT OF 2010.

       (a) Short Title.--This section may be cited as the 
     ``Individual Indian Money Account Litigation Settlement Act 
     of 2010''.
       (b) Definitions.--In this section:
       (1) Amended complaint.--The term ``Amended Complaint'' 
     means the Amended Complaint attached to the Settlement.
       (2) Land consolidation program.--The term ``Land 
     Consolidation Program'' means a program conducted in 
     accordance with the Settlement and the Indian Land 
     Consolidation Act (25 U.S.C. 2201 et seq.) under which the 
     Secretary may purchase fractionated interests in trust or 
     restricted land.
       (3) Litigation.--The term ``Litigation'' means the case 
     entitled Elouise Cobell et al. v. Ken Salazar et al., United 
     States District Court, District of Columbia, Civil Action No. 
     96-1285 (JR).
       (4) Plaintiff.--The term ``Plaintiff'' means a member of 
     any class certified in the Litigation.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Settlement.--The term ``Settlement'' means the Class 
     Action Settlement Agreement dated December 7, 2009, in the 
     Litigation.
       (7) Trust administration class.--The term ``Trust 
     Administration Class'' means the Trust Administration Class 
     as defined in the Settlement.
       (c) Purpose.--The purpose of this section is to authorize 
     the Settlement.
       (d) Authorization.--The Settlement is authorized, ratified, 
     and confirmed.
       (e) Jurisdictional Provisions.--
       (1) In general.--Notwithstanding the limitation on 
     jurisdiction of district courts contained in section 
     1346(a)(2) of title 28, United States Code, the United States 
     District Court for the District of Columbia shall have 
     jurisdiction over the claims asserted in the Amended 
     Complaint for purposes of the Settlement.
       (2) Certification of trust administration class.--
       (A) In general.--Notwithstanding the requirements of the 
     Federal Rules of Civil Procedure, the court overseeing the 
     Litigation may certify the Trust Administration Class.
       (B) Treatment.--On certification under sub-paragraph (A), 
     the Trust Administration Class shall be treated as a class 
     under Federal Rule of Civil Procedure 23(b)(3) for purposes 
     of the Settlement.
       (f) Accounting/trust Administration Fund.--
       (1) In general.--Of the amounts appropriated by section 
     1304 of title 31, United States Code, $1,412,000,000 shall be 
     deposited in the Accounting/Trust Administration Fund, in 
     accordance with the Settlement.
       (2) Conditions met.--The conditions described in section 
     1304 of title 31, United States Code, shall be considered to 
     be met for purposes of paragraph (1).
       (g) Trust Land Consolidation.--
       (1) Trust land consolidation fund.--
       (A) Establishment.--On final approval (as defined in the 
     Settlement) of the Settlement, there shall be established in 
     the Treasury of the United States a fund, to be known as the 
     ``Trust Land Consolidation Fund''.
       (B) Availability of amounts.--Amounts in the Trust Land 
     Consolidation Fund shall be made available to the Secretary 
     during the 10-year period beginning on the date of final 
     approval of the Settlement--
       (i) to conduct the Land Consolidation Program; and
       (ii) for other costs specified in the Settlement.
       (C) Deposits.--
       (i) In general.--On final approval (as defined in the 
     Settlement) of the Settlement, the Secretary of the Treasury 
     shall deposit in the Trust Land Consolidation Fund 
     $2,000,000,000 of the amounts appropriated by section 1304 of 
     title 31, United States Code.
       (ii) Conditions met.--The conditions described in section 
     1304 of title 31, United States Code, shall be considered to 
     be met for purposes of clause (i).
       (D) Transfers.--In a manner designed to encourage 
     participation in the Land Consolidation Program, the 
     Secretary may transfer, at the discretion of the Secretary, 
     not more than $60,000,000 of amounts in the Trust Land 
     Consolidation Fund to the Indian Education Scholarship 
     Holding Fund established under paragraph 2.
       (2) Indian education scholarship holding fund.--
       (A) Establishment.--On the final approval (as defined in 
     the Settlement) of the Settlement, there shall be established 
     in the Treasury of the United States a fund, to be known as 
     the ``Indian Education Scholarship Holding Fund''.
       (B) Availability.--Notwithstanding any other provision of 
     law governing competition, public notification, or Federal 
     procurement or assistance, amounts in the Indian Education 
     Scholarship Holding Fund shall be made available, without 
     further appropriation, to the Secretary to contribute to an 
     Indian Education Scholarship Fund, as described in the 
     Settlement, to provide scholarships for Native Americans.
       (3) Acquisition of trust or restricted land.--The Secretary 
     may acquire, at the discretion of the Secretary and in 
     accordance with the Land Consolidation Program, any 
     fractional interest in trust or restricted land.
       (4) Treatment of unlocatable plaintiffs.--A Plaintiff the 
     whereabouts of whom are unknown and who, after reasonable 
     efforts by the Secretary, cannot be located during the 5 year 
     period beginning on the

[[Page 2804]]

     date of final approval (as defined in the Settlement) of the 
     Settlement shall be considered to have accepted an offer made 
     pursuant to the Land Consolidation Program.
       (h) Taxation and Other Benefits.--
       (1) Internal revenue code.--For purposes of the Internal 
     Revenue Code of 1986, amounts received by an individual 
     Indian as a lump sum or a periodic payment pursuant to the 
     Settlement--
       (A) shall not be included in gross income; and
       (B) shall not be taken into consideration for purposes of 
     applying any provision of the Internal Revenue Code that 
     takes into account excludable income in computing adjusted 
     gross income or modified adjusted gross income, including 
     section 86 of that Code (relating to Social Security and tier 
     1 railroad retirement benefits).
       (2) Other benefits.--Notwithstanding any other provision of 
     law, amounts received by an individual Indian as a lump sum 
     or a periodic payment pursuant to the Settlement shall not be 
     treated for any household member, during the 1-year period 
     beginning on the date of receipt--
       (A) as income for the month during which the amounts were 
     received; or
       (B) as a resource,
     for purposes of determining initial eligibility, ongoing 
     eligibility, or level of benefits under any Federal or 
     federally assisted program.

     SEC. ___04. EMERGENCY DESIGNATIONS.

       (a) In General.--Each amount in this title is designated as 
     an emergency requirement 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.
       (b) Paygo.--Each amount in this title is designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139).
                                 ______
                                 
  SA 3437. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, add the following section:

     SEC. __. TEMPORARY MODIFICATION IN THE ACTIVE PARTICIPATION 
                   REQUIREMENT LIMIT REGARDING THE LOW INCOME 
                   HOUSING TAX CREDIT.

       (a) Section 469(i) of the Internal Revenue Code of 1986 is 
     amended by inserting a new paragraph as follows:
       ``In the case of any taxpayer to whom the active 
     participation requirement does not apply, pursuant to 
     paragraph (6)(B), the dollar limitation of paragraph (2) 
     shall be applied by substituting `$500,000' for `$25,000' 
     each place it appears.''
       (b) The amendment made by subsection (a) shall not apply 
     after December 31, 2010, except with respect to investments 
     made or contracted to be made prior to that date.
                                 ______
                                 
  SA 3438. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       After section 233, insert the following:

     SEC. 234. EXTENSION OF PAYMENT RULE FOR BRACHYTHERAPY.

       Section 1833(t)(16)(C) of the Social Security Act (42 
     U.S.C. 1395l(t)(16)(C)) is amended by striking, the first 
     place it appears, ``January 1, 2010'' and inserting ``January 
     1, 2012''.
                                 ______
                                 
  SA 3439. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. ___. CLARIFICATION OF QUALIFYING TECHNOLOGIES ELIGIBLE 
                   FOR COMBINED HEAT AND POWER SYSTEM PROPERTY 
                   CREDIT.

       (a) Nonapplication of Certain Rules.--Section 48(c)(3)(C) 
     is amended by adding at the end the following new clause:
       ``(iv) Nonapplication of certain rules.--For purposes of 
     determining if the term `combined heat and power system 
     property' includes technologies which generate electricity or 
     mechanical power using back-pressure steam turbines in place 
     of existing pressure-reducing valves or which make use of 
     waste heat from industrial processes such as by using organic 
     rankine, stirling, or kalina heat engine systems, 
     subparagraph (A) shall be applied without regard to clause 
     (ii).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
                                 ______
                                 
  SA 3440. Ms. CANTWELL (for herself, Mr. Wyden, and Mrs. Murray) 
submitted an amendment intended to be proposed to amendment SA 3336 
proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal 
Revenue Code of 1986 to extend certain expiring provisions, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. APPLICATION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 
                   TO CERTAIN REGULATED COMPANIES.

       (a) In General.--The first sentence of section 1603(f) of 
     division B of the American Recovery and Reinvestment Act of 
     2009 is amended by inserting ``(other than subsection (d)(2) 
     thereof)'' after ``section 50 of the Internal Revenue Code of 
     1986''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 1603 of division 
     B the American Recovery and Reinvestment Act of 2009.
                                 ______
                                 
  SA 3441. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title VI, insert the following:

     SEC. --. REPEAL OF QUALIFIED SHIPPING INVESTMENT WITHDRAWAL 
                   RULES.

       (a) In General.--Section 955 is hereby repealed.
       (b) Conforming Amendments.--
       (1) Section 951(a)(1)(A) is amended by adding ``and'' at 
     the end of clause (i) and by striking clause (iii).
       (2) Section 951(a)(1)(A)(ii) is amended by striking ``, 
     and'' at the end and inserting ``, except that in applying 
     this clause amounts invested in less developed country 
     corporations described in section 955(c)(2) (as so in effect) 
     shall not be treated as investments in less developed 
     countries.''.
       (3) Section 951(a)(3) is hereby repealed.
       (4) Section 964(b) of such Code is amended by striking ``, 
     955,''.
       (5) The table of sections for subpart F of part III of 
     subchapter N of chapter 1 is amended by striking the item 
     relating to section 955.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years of controlled foreign 
     corporations ending on or after the date of the enactment of 
     this Act, and to taxable years of United States shareholders 
     in which or with which such taxable years of controlled 
     foreign corporations end.

     SEC. --. TAX IMPOSED ON ELECTING UNITED STATES SHAREHOLDERS.

       (a) In General.--In the case of a United States shareholder 
     for which an election is in effect under this section, a tax 
     is hereby imposed on such shareholder's pro rata share 
     (determined under the principles of paragraph (2) of 
     subsection (a) of section 951 of the Internal Revenue Code of 
     1986) of the sum of--
       (1) the foreign base company shipping income (determined 
     under section 954(f) of the Internal Revenue Code of 1986 as 
     in effect before the enactment of the American Jobs Creation 
     Act of 2004) for all prior taxable years beginning after 1975 
     and before 1987, and
       (2) income described in section 954(b)(2) of the Internal 
     Revenue Code as in effect prior to the effective date of the 
     Tax Reform Act of 1975, without regard to whether such income 
     was not included in subpart F income under section 954(b)(2) 
     or any other provision of such Code,
     but only to the extent such income has not previously been 
     included in the gross income of a United States person as a 
     dividend or under any section of the Internal Revenue Code 
     after 1962, or excluded from gross income pursuant to 
     subsection (a) of section 959 of the Internal Revenue Code of 
     1986.
       (b) Amount of Tax.--The amount of tax imposed by subsection 
     (a) shall be 5.25 percent of the income described therein.
       (c) Income Not Subject to Further Tax.--The income on which 
     a tax is imposed by subsection (a) shall not (other than such 
     tax) be included in the gross income of such United States 
     shareholder (or any other United States person who acquires 
     from any person any portion of the interest of such United 
     States shareholder in such foreign corporation) and shall be 
     treated for purposes of the Internal Revenue Code of 1986 as 
     if such amounts are, or have been, included in the income of 
     the United States shareholder under section 951(a)(1)(B).
       (d) Additional Tax Imposed for Failure to Maintain 
     Employment Levels.--
       (1) In general.--If, during the period consisting of the 
     calendar month in which the election under this section is 
     made and the succeeding 23 calendar months, the taxpayer does 
     not maintain an average employment

[[Page 2805]]

     level at least equal to the taxpayer's prior average 
     employment, an additional amount shall be taken into account 
     as income by the taxpayer during the taxable year that 
     includes the final day of such period, equal to $25,000 
     multiplied by the number of employees by which the taxpayer's 
     average employment level during such period falls below the 
     prior average employment.
       (2) Prior average employment.--For purposes of this 
     subsection, the taxpayer's prior average employment is the 
     average number of full time equivalent employees of the 
     taxpayer during the period consisting of the 24 calendar 
     months immediately preceding the calendar month in which the 
     election under this section is made.
       (3) Aggregation rules.--In determining the taxpayer's 
     average employment level and prior average employment, all 
     domestic members of a controlled group (as defined in section 
     264(e)(5)(B) of the Internal Revenue Code of 1986) shall be 
     treated as a single taxpayer.
       (e) Election.--
       (1) In general.--A taxpayer may elect to apply this section 
     to--
       (A) the taxpayer's last taxable year which begins before 
     the date of the enactment of this Act, or
       (B) the taxpayer's first taxable year beginning on or after 
     such date.
       (2) Timing of election and one-time election.--Such 
     election may be made only once by any taxpayer, and only if 
     made on or before the due date (including extensions) for 
     filing the return of tax for the taxable year of such 
     election.
       (f) Effective Date.--This section shall apply to taxable 
     years ending on or after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3442. Mr. WARNER (for himself and Mr. Crapo) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ARRA PLANNING AND REPORTING.

       Section 1512 of the American Recovery and Reinvestment Act 
     of 2009 (Public Law 111-5; 123 Stat. 287) is amended--
       (1) in subsection (d)--
       (A) in the subsection heading, by inserting ``Plans and'' 
     after ``Agency'';
       (B) by striking ``Not later than'' and inserting the 
     following:
       ``(1) Definition.--In this subsection, the term `covered 
     program' means a program for which funds are appropriated 
     under this division--
       ``(A) in an amount that is--
       ``(i) more than $2,000,000,000; and
       ``(ii) more than 150 percent of the funds appropriated for 
     the program for fiscal year 2008; or
       ``(B) that did not exist before the date of enactment of 
     this Act.
       ``(2) Plans.--Not later than July 1, 2010, the head of each 
     agency that distributes recovery funds shall submit to 
     Congress and make available on the website of the agency a 
     plan for each covered program, which shall, at a minimum, 
     contain--
       ``(A) a description of the goals for the covered program 
     using recovery funds;
       ``(B) a discussion of how the goals described in 
     subparagraph (A) relate to the goals for ongoing activities 
     of the covered program, if applicable;
       ``(C) a description of the activities that the agency will 
     undertake to achieve the goals described in subparagraph (A);
       ``(D) a description of the total recovery funding for the 
     covered program and the recovery funding for each activity 
     under the covered program, including identifying whether the 
     activity will be carried out using grants, contracts, or 
     other types of funding mechanisms;
       ``(E) a schedule of milestones for major phases of the 
     activities under the covered program, with planned delivery 
     dates;
       ``(F) performance measures the agency will use to track the 
     progress of each of the activities under the covered program 
     in meeting the goals described in subparagraph (A), including 
     performance targets, the frequency of measurement, and a 
     description of the methodology for each measure;
       ``(G) a description of the process of the agency for the 
     periodic review of the progress of the covered program 
     towards meeting the goals described in subparagraph (A); and
       ``(H) a description of how the agency will hold program 
     managers accountable for achieving the goals described in 
     subparagraph (A).
       ``(3) Reports.--
       ``(A) In general.--Not later than''; and
       (C) by adding at the end the following:
       ``(B) Reports on plans.--Not later than 30 days after the 
     end of the calendar quarter ending September 30, 2010, and 
     every calendar quarter thereafter during which the agency 
     obligates or expends recovery funds, the head of each agency 
     that developed a plan for a covered program under paragraph 
     (2) shall submit to Congress and make available on a website 
     of the agency a report for each covered program that--
       ``(i) discusses the progress of the agency in implementing 
     the plan;
       ``(ii) describes the progress towards achieving the goals 
     described in paragraph (2)(A) for the covered program;
       ``(iii) discusses the status of each activity carried out 
     under the covered program, including whether the activity is 
     completed;
       ``(iv) details the unobligated and unexpired balances and 
     total obligations and outlays under the covered program;
       ``(v) discusses--

       ``(I) whether the covered program has met the milestones 
     for the covered program described in paragraph (2)(E);
       ``(II) if the covered program has failed to meet the 
     milestones, the reasons why; and
       ``(III) any changes in the milestones for the covered 
     program, including the reasons for the change;

       ``(vi) discusses the performance of the covered program, 
     including--

       ``(I) whether the covered program has met the performance 
     measures for the covered program described in paragraph 
     (2)(F);
       ``(II) if the covered program has failed to meet the 
     performance measures, the reasons why; and
       ``(III) any trends in information relating to the 
     performance of the covered program; and

       ``(vii) evaluates the ability of the covered program to 
     meet the goals of the covered program given the performance 
     of the covered program.'';
       (2) in subsection (f)--
       (A) by striking ``Within 180 days'' and inserting the 
     following:
       ``(1) In general.--Within 180 days''; and
       (B) by adding at the end the following:
       ``(2) Penalties.--
       ``(A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the head of an agency distributing recovery funds may 
     impose a civil penalty in an amount not more than $250,000 on 
     a recipient of recovery funds from the agency that does not 
     provide the information required under subsection (c) or 
     knowingly provides information under subsection (c) that 
     contains a material omission or misstatement. Any amounts 
     received from a civil penalty under this paragraph shall be 
     deposited in the general fund of the Treasury.
       ``(B) Notification.--
       ``(i) In general.--The head of an agency shall provide a 
     written notification to a recipient of recovery funds from 
     the agency that fails to provide the information required 
     under subsection (c). A notification under this subparagraph 
     shall provide the recipient with information on how to comply 
     with the necessary reporting requirements and notice of the 
     penalties for failing to do so.
       ``(ii) Limitation.--The head of an agency may not impose a 
     civil penalty under subparagraph (A) relating to the failure 
     to provide information required under subsection (c) if, not 
     later than 31 days after the date of the notification under 
     clause (i), the recipient of the recovery funds provides the 
     information.
       ``(C) Guidelines.--In determining the amount of a penalty 
     under this paragraph for a recipient of recovery funds, the 
     head of an agency shall consider--
       ``(i) the number of times the recipient has failed to 
     provide the information required under subsection (c);
       ``(ii) the amount of recovery funds provided to the 
     recipient;
       ``(iii) whether the recipient is a government, nonprofit 
     entity, or educational institution; and
       ``(iv) whether the recipient is a small business concern 
     (as defined under section 3 of the Small Business Act (15 
     U.S.C. 632)), with particular consideration given to 
     businesses with not more than 50 employees.
       ``(D) Applicability.--This paragraph shall apply to any 
     grant, contract, task order, or other type of funding 
     mechanism--
       ``(i) made or entered into after the date of enactment of 
     this paragraph (including any renewal of a grant, contract, 
     task order, or other type of funding mechanism after the date 
     of enactment of this paragraph); or
       ``(ii) that includes terms allowing the terms of the grant, 
     contract, task order, or other type of funding mechanism to 
     be modified by Act of Congress.
       ``(E) Nonexclusivity.--The imposition of a civil penalty 
     under this subsection shall not preclude any other criminal, 
     civil, or administrative remedy available to the United 
     States or any other person under Federal or State law.
       ``(3) Technical assistance.--Each agency distributing 
     recovery funds shall provide technical assistance, as 
     necessary, to assist recipients of recovery funds in 
     complying with the requirements to provide information under 
     subsection (c), which shall include providing recipients with 
     a reminder regarding each reporting requirement.
       ``(4) Public listing.--
       ``(A) In general.--Not later than 45 days after the end of 
     each calendar quarter, and subject to the notification 
     requirements under paragraph (2)(B), each agency distributing 
     recovery funds shall make available on a website of the 
     agency a list of all recipients of recovery funds from the 
     agency that did not provide the information required under 
     subsection (c) for the calendar quarter.

[[Page 2806]]

       ``(B) Contents.--A list made available under subparagraph 
     (A) shall, for each recipient of recovery funds on the list, 
     include the name and address of the recipient, the 
     identification number for the award, the amount of recovery 
     funds awarded to the recipient, a description of the activity 
     for which the recovery funds were provided, and, to the 
     extent known by the head of the agency, the reason for 
     noncompliance.
       ``(5) Regulations and reporting.--
       ``(A) Regulations.--Not later than 90 days after the date 
     of enactment of this paragraph, the Attorney General, in 
     consultation with the Director of the Office of Management 
     and Budget and the Chairperson, shall promulgate regulations 
     regarding implementation of this section by agencies.
       ``(B) Reporting.--
       ``(i) In general.--Not later than July 1, 2010, and every 3 
     months thereafter, the Director of the Office of Management 
     and Budget, in consultation with the Chairperson, shall 
     submit to Congress a report on the extent of noncompliance by 
     recipients of recovery funds with the reporting requirements 
     under this section.
       ``(ii) Contents.--Each report submitted under clause (i) 
     shall include--

       ``(I) information, for the quarter and in total, regarding 
     the number and amount of civil penalties imposed and 
     collected under this subsection, sorted by agency and 
     program;
       ``(II) information on the steps taken by the Federal 
     Government to reduce the level of noncompliance; and
       ``(III) any other information determined appropriate by the 
     Director.''; and

       (3) by adding at the end the following:
       ``(i) Termination.--The reporting requirements under this 
     section shall terminate on September 30, 2013.''.
                                 ______
                                 
  SA 3443. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. ___. SPECIAL INVESTMENT RULE FOR CERTAIN QUALIFIED NEW 
                   YORK LIBERTY BOND PROCEEDS.

       For purposes of section 149(g) of the Internal Revenue Code 
     of 1986, the proceeds of any qualified New York Liberty Bond 
     (as defined in section 1400L(d)(2)) issued after September 
     30, 2009, and before January 1, 2010, which are invested in 
     United States Treasury Obligations - State and Local 
     Government Series shall be treated as invested in bonds 
     described in paragraph (3)(B)(i) of such section.
                                 ______
                                 
  SA 3444. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PREVENTING THE IMPLEMENTATION OF NEW ENTITLEMENTS 
                   THAT WOULD RAID MEDICARE.

       (a) Ban on New Spending Taking Effect.--
       (1) Purpose.--The purpose of this section is to require 
     that gross savings resulting from the Patient Protection and 
     Affordable Care Act and any bill enacted pursuant to section 
     201 of S. Con. Res. 13 (111th Congress) (referred to in this 
     section as the ``Health Care Acts'') must fully offset the 
     gross increase in Federal spending and the gross reductions 
     in revenues resulting from the Health Care Acts before any 
     such Federal spending increases or revenue reductions can 
     occur.
       (2) In general.--Notwithstanding any other provision of 
     law, the Secretary of the Treasury and the Secretary of 
     Health and Human Services are prohibited from implementing 
     any spending increase or revenue reduction provision in the 
     Health Care Acts until both the Director of the Office of 
     Management and Budget (referred to in this section as 
     ``OMB'') and the Chief Actuary of the Centers for Medicare 
     and Medicaid Services Office of the Actuary (referred to in 
     this section as ``CMS OACT'') each certify that they project 
     that all of the projected Federal spending increases and 
     revenue reductions resulting from the Health Care Acts will 
     be offset by projected gross savings from the Health Care 
     Acts.
       (3) Calculations.--For purposes of this section, projected 
     gross savings shall--
       (A) include gross reductions in Federal spending and gross 
     increases in revenues made by the Health Care Acts; and
       (B) exclude any projected gross savings or other offsets 
     directly resulting from changes to Medicare and Social 
     Security made by the Health Care Acts.
       (b) Limit on Future Spending.--On September 1 of each year 
     (beginning with 2013), the CMS OACT and the OMB shall each 
     issue an annual report that--
       (1) certifies whether all of the projected Federal spending 
     increases and revenue reductions resulting from the Health 
     Care Acts, starting with the next fiscal year and for the 
     following 9 fiscal years, are fully offset by projected gross 
     savings resulting from the Health Care Acts (as calculated 
     under subsection (a)(3)); and
       (2) provides detailed estimates of such spending increases, 
     revenue reductions, and gross savings, year by year, program 
     by program and provision by provision.
                                 ______
                                 
  SA 3445. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 34, between lines 12 and 13, insert the following:

     SEC. ___. EXTENSION AND MODIFICATION OF ADDITIONAL FIRST-YEAR 
                   DEPRECIATION FOR 50 PERCENT OF THE BASIS OF 
                   CERTAIN QUALIFIED PROPERTY.

       (a) Extension.--Paragraph (2) of section 168(k) is 
     amended--
       (1) by striking ``January 1, 2011'' in subparagraph (A)(iv) 
     and inserting ``January 1, 2012'', and
       (2) by striking ``January 1, 2010'' each place it appears 
     and inserting ``January 1, 2011''.
       (b) Modification to Definition of Qualified Property.--
     Clause (i) of section 168(k)(2)(A) is amended to read as 
     follows:
       ``(i)(I) to which this section applies which has a recovery 
     period of 7 years or less, or
       ``(II) which is computer software (as defined in section 
     167(f)(1)(B)) for which a deduction is allowable under 
     section 167(a) without regard to this subsection,''.
       (c) Elimination of Election to Accelerate AMT and Research 
     Credits in Lieu of Bonus Depreciation.--Section 168(k) is 
     amended by striking paragraph (4).
       (d) Conforming Amendments.--
       (1) The heading for subsection (k) of section 168 is 
     amended by striking ``January 1, 2010'' and inserting 
     ``January 1, 2011''.
       (2) Section 168(k)(2)(B)(i)(II) is amended by striking 
     ``has a recovery period of at least 10 years or''.
       (3) Section 168(k)(2)(C)(i) is amended by inserting 
     ``(i),'' after ``clauses''.
       (4) Section 168(k) is amended by striking paragraph (3).
       (5) Section 168(l)(5)(B) is amended by striking ``January 
     1, 2010'' and inserting ``January 1, 2011''.
       (6) Section 168(n)(2)(B)(i)(I) is amended by striking 
     ``(determined without regard to paragraph (4))''.
       (7) Section 168(n)(2)(C)(ii) is amended by striking 
     ``January 1, 2010'' and inserting ``January 1, 2011''.
       (8) Section 1400L(b)(2)(D) is amended by striking ``January 
     1, 2010'' and inserting ``January 1, 2011''.
       (9) Section 1400N(d)(3)(B) is amended by striking ``January 
     1, 2010'' and inserting ``January 1, 2011''.
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to property 
     placed in service after the date of the enactment of this 
     Act.
       (2) Binding contracts.--The amendments made by this section 
     shall not apply to any property with respect to which the 
     taxpayer has entered into a binding written contract before 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 3446. Mr. TESTER submitted the amendment intended to be proposed 
by him to the bill H.R. 4213, to amend teh Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes, 
which was ordered to lie on the table; as follows:

       At the appropriate place in title VI, insert the following:

     SEC. 6__. AUTHORITY TO EXTEND WATER CONTRACT.

       (a) In General.--The Secretary of the Interior may extend 
     the contract for water services between the United States and 
     the East Bench Irrigation District, numbered 14-06-600-3593, 
     until the earlier of--
       (1) the date that is 2 years after the date on which the 
     contract would have expired if this Act had not been enacted; 
     or
       (2) the date on which a new long-term contract is executed 
     by the parties to the contract.
       (b) Effective Date.--This section takes effect on December 
     30, 2009.
                                 ______
                                 
  SA 3447. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FISCAL YEARS 2010 AND 2011 EARMARK MORATORIUM.

       (a) Bills and Joint Resolutions.--
       (1) Point of order.--It shall not be in order to--
       (A) consider a bill or joint resolution reported by any 
     committee that includes an

[[Page 2807]]

     earmark, limited tax benefit, or limited tariff benefit; or
       (B) a Senate bill or joint resolution not reported by 
     committee that includes an earmark, limited tax benefit, or 
     limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the bill or joint resolution 
     shall be returned to the calendar until compliance with this 
     subsection has been achieved.
       (b) Conference Report.--
       (1) Point of order.--It shall not be in order to vote on 
     the adoption of a report of a committee of conference if the 
     report includes an earmark, limited tax benefit, or limited 
     tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the conference report shall 
     be returned to the calendar.
       (c) Floor Amendment.--It shall not be in order to consider 
     an amendment to a bill or joint resolution if the amendment 
     contains an earmark, limited tax benefit, or limited tariff 
     benefit.
       (d) Amendment Between the Houses.--
       (1) In general.--It shall not be in order to consider an 
     amendment between the Houses if that amendment includes an 
     earmark, limited tax benefit, or limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the amendment between the 
     Houses shall be returned to the calendar until compliance 
     with this subsection has been achieved.
       (e) Waiver.--Any Senator may move to waive any or all 
     points of order under this section by an affirmative vote of 
     two-thirds of the Members, duly chosen and sworn.
       (f) Definitions.--For the purpose of this section--
       (1) the term ``earmark'' means a provision or report 
     language included primarily at the request of a Senator or 
     Member of the House of Representatives providing, 
     authorizing, or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process;
       (2) the term ``limited tax benefit'' means any revenue 
     provision that--
       (A) provides a Federal tax deduction, credit, exclusion, or 
     preference to a particular beneficiary or limited group of 
     beneficiaries under the Internal Revenue Code of 1986; and
       (B) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; and
       (3) the term ``limited tariff benefit'' means a provision 
     modifying the Harmonized Tariff Schedule of the United States 
     in a manner that benefits 10 or fewer entities.
       (g) Fiscal Years 2010 and 2011.--The point of order under 
     this section shall only apply to legislation providing or 
     authorizing discretionary budget authority, credit authority 
     or other spending authority, providing a federal tax 
     deduction, credit, or exclusion, or modifying the Harmonized 
     Tariff Schedule in fiscal years 2010 and 2011.
       (h) Application.--This rule shall not apply to any 
     authorization of appropriations to a Federal entity if such 
     authorization is not specifically targeted to a State, 
     locality or congressional district.

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