Version	Word Count	Changes From Previous Version	Percent Change
Reported in House	20,595	n/a	n/a
Engrossed in House	21,061	69	6%
Referred in Senate	20,951	5	0%
Reported in Senate	41,953	359	36%
Engrossed Amendment Senate	21,207	20	56%
Engrossed Amendment House	28,718	702	99%
Enrolled Bill	21,350	846 Show Changes Hide Changes	95%

Display Version Reported in House Engrossed in House Referred in Senate Reported in Senate Engrossed Amendment Senate Engrossed Amendment House Enrolled Bill

Most commented sections:

• Paragraph 108 (1 comments)

HR 2847 EAH

In the House of Representatives, U. S.,

December 16, 2009.

Resolved, That the House agree to the amendment of the Senate to the bill (H.R.2847CommentsClose CommentsPermalink

) entitled ‘An Act m One Hundred Eleventh Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes.CommentsClose CommentsPermalink

’, with the following

HOUSE AMENDMENT TO SENATE AMENDMENT:

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

DIVISION A--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2010, and for other purposes, namely:

TITLE I--INFRASTRUCTURE AND JOBS INVESTMENTCHAPTER 1--JUSTICEDEPARTMENT OF JUSTICECommunity Oriented Policing Services(including transfer of funds)

For an additional amount for ‘Community Oriented Policing Services’, for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796dd) for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section, $1,179,000,000, of which $2,950,000 shall be transferred to ‘State and Local Law Enforcement Activities, Salaries and Expenses’ for management, administration and oversight of such grants.

CHAPTER 2--ENERGY AND WATER DEVELOPMENTCORPS OF ENGINEERS--CIVIL WORKSDEPARTMENT OF THE ARMYCorps of Engineers--Civilconstruction(including transfers of funds)For an additional amount for ‘Construction’, $715,000,000:Provided, That section 102 of Public Law 109-103 (33 U.S.C. 2221) shall not apply to funds provided in this title: Provided further, That not less than $30,000,000 of the funds provided shall be for water-related environmental infrastructure assistance: Provided further, That up to $30,000,000 of the funds provided under this heading may be transferred to ‘Mississippi Rivers and Tributaries’ for authorized projects and activities: Provided further, That notwithstanding any other provision of law, funds provided under this heading shall not be cost shared with the Inland Waterways Trust Fund as authorized in Public Law 99-662: Provided further, That funds provided under this heading shall only be allocated to programs, projects or activities that heretofore received funds provided in Acts making appropriations available for Energy and Water Development and that are selected using only the following criteria in order of priority: programs, projects or activities that can be commenced quickly; programs, projects or activities that will create immediate employment; programs, projects or activities that will be executed by contract or direct hire of temporary labor; and programs, projects or activities that are located in a State with high unemployment: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 (33 U.S.C. 2280), shall not apply during fiscal years 2010 and 2011 for any project receiving funds provided in this title: Provided further, That for projects that are being completed with funds appropriated in this paragraph that would otherwise be expired for obligation, expired funds appropriated in this paragraph may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That funds made available under this heading shall be apportioned by the Office of Management and Budget not later than 30 days after the date of enactment of this Act and allocated by the Secretary of the Army to specific programs, projects or activities not later than 45 days after the date of enactment of this Act: Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, including an explanation of how each selected program, project or activity fulfills the funding criteria above, beginning not later than 45 days after the date of enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for the funds provided under this heading: Provided further, That up to 0.5 percent of funds provided under this heading may be transferred to ‘Expenses’ for the purposes of management and oversight of the programs, projects or activities funded by this paragraph.DEPARTMENT OF THE INTERIORBureau of Reclamationwater and related resources(including transfers of funds)

For an additional amount for ‘Water and Related Resources’, $100,000,000:Provided, That of the amount appropriated under this heading, not less than $26,000,000 shall be used for water reclamation and reuse projects authorized under title XVI of Public Law 102-575: Provided further, That up to $30,000,000 of the funds provided under this heading may be used for programs, projects, and activities authorized by Public Law 108-361 and up to $10,000,000 of the funds provided under this heading may be transferred to the Department of the Interior for programs, projects, and activities authorized by titles II-V of Public Law 102-575: Provided further, That funds provided under this heading shall only be allocated to programs, projects or activities that heretofore received funds provided in Acts making appropriations available for Energy and Water Development: Provided further, That for projects that are being completed with funds appropriated in this paragraph that would otherwise be expired for obligation, expired funds appropriated in this paragraph may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary of the Interior shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after the date of enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for the funds provided under this heading: Provided further, That up to 0.5 percent of funds appropriated under this heading may be transferred to ‘Policy and Administration’ for the purposes of management and oversight of the programs, projects, or activities funded by this paragraph.

DEPARTMENT OF ENERGYENERGY PROGRAMSTitle 17 Innovative Technology Loan Guarantee Program

For an additional amount for ‘Title 17 Innovative Technology Loan Guarantee Program’ for the cost of guaranteed loans authorized by section 1705 of the Energy Policy Act of 2005, $2,000,000,000, available until expended:Provided, That the cost of such loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.

General Provision, This ChapterINCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE PROGRAM

Sec. 1201. (a) Specific Appropriation or Contribution- Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--

(1) by striking subsectionCODE; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) Short Title- This Act may be cited as the ‘Hiring Incentives to Restore Employment Act’.CommentsClose CommentsPermalink





(b) and inserting the following:

‘(b) Specific Appropriation or Contribution-

‘(1) IN GENERAL- No guarantee shall be made unless--

‘(A) an appropriation for the cost has been made;

‘(B) the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the Treasury; or

‘(C) a combination of appropriations or payments from the borrower has been made sufficient to cover the cost of the obligation.

‘(2) LIMITATION- The source of payments received from a borrower under paragraph (1)(B) or (C) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government.’; and

(2) by adding at the end the following:

‘(k) Credit Report- If, in the opinion of the Secretary, a third-party credit rating of the applicant or project is not relevant to the determination of the credit risk of a project, if the project costs are not projected to exceed $100,000,000, and the applicant agrees to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive anyAmendment of 1986 Code- Except as otherwise applicable requirement (including any requirement described in part 609 of title 10, Code of Federal Regulations) to provide a third-partyexpressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink




(c) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; amendment of 1986 Code; table of contents.CommentsClose CommentsPermalink

Sec. 301. Issuer allowed refundable credit for certain qualified tax credit report.‘(l) Direct Hire Authoritybonds.CommentsClose CommentsPermalink

(a) In General- Section 3111 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Special Exemption for Certain Individuals Hired in 2010-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding section 3304 and sections 3309 through 3318 of title 5, United States Code, the head of the loan guarantee program under this title (referred to in this subsection as the ‘Executive Director’) may, on a determination that there is a severe shortage of candidates or a severe hiring need for particular positions to carry out the functions of this title, recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the programs under this title into the competitive service.‘(2) EXCEPTION- The authority granted under paragraph (1Subsection (a) shall not apply to positions in the excepted service or the Senior Executive Servicewages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, of any qualified individual for services performed--CommentsClose CommentsPermalink





‘(A) in a trade or business of such qualified employer, orCommentsClose CommentsPermalink





‘(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer’s exemption under section 501.CommentsClose CommentsPermalink





‘(2) QUALIFIED EMPLOYER- For purposes of this subsection--CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘qualified employer’ means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing.CommentsClose CommentsPermalink





‘(B) TREATMENT OF EMPLOYEES OF POST-SECONDARY EDUCATIONAL INSTITUTIONS- Notwithstanding subparagraph (A), the term ‘qualified employer’ includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965).CommentsClose CommentsPermalink





‘(3) REQUIREMENTS- In exercising the authority granted under paragraph (1), the Executive Director shall ensure that any action taken by the Executive Director--

‘(A) is consistent with the merit principles ofsection 2301 of title 5, United States Code; and

‘(B) complies with the public notice requirements ofsection 3327 of title 5, United States Code.

‘(4) SUNSET- The authority provided under paragraph (1) shall terminate onQUALIFIED INDIVIDUAL- For purposes of this subsection, the term ‘qualified individual’ means any individual who--CommentsClose CommentsPermalink




‘(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011.‘(m) Multiple Sites- Notwithstanding any contrary requirement (including any provision under part 609.12 of title 10, Code of Federal Regulations) an eligible project may be located on 2 or more non-contiguous sites in the United States,CommentsClose CommentsPermalink





‘(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment,CommentsClose CommentsPermalink





‘(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, andCommentsClose CommentsPermalink





‘(D) is not an individual described in section 51(i)(1) (applied by substituting ‘qualified employer’ for ‘taxpayer’ each place it appears).CommentsClose CommentsPermalink





‘(4) ELECTION- A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.CommentsClose CommentsPermalink





‘(5) SPECIAL RULE FOR FIRST CALENDAR QUARTER OF 2010-CommentsClose CommentsPermalink





‘(A) NONAPPLICATION OF EXEMPTION DURING FIRST QUARTER- Paragraph (1) shall not apply with respect to wages paid during the first calendar quarter of 2010.CommentsClose CommentsPermalink





‘(B) CREDITING OF FIRST QUARTER EXEMPTION DURING SECOND QUARTER- The amount by which the tax imposed under subsection (a) would (but for subparagraph (A)) have been reduced with respect to wages paid by a qualified employer during the first calendar quarter of 2010 shall be treated as a payment against the tax imposed under subsection (a) with respect to the qualified employer for the second calendar quarter of 2010 which is made on the date that such tax is due.’.CommentsClose CommentsPermalink





(b) Applications for Multiple Eligible Projects- Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d)Coordination With Work Opportunity Credit- Section 51(c) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink




‘(5) COORDINATION WITH PAYROLL TAX FORGIVENESS- The term ‘wages’ shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) during the 1-year period beginning on the following:‘(e) Multiple Applications- Notwithstanding any contrary requirement (including any provision under part 609.3(a) of title 10, Code of Federal Regulations), a project applicant or sponsor of an eligible project may submit an application for more than 1 eligible project under this sectionhiring date of such individual by a qualified employer (as defined in section 3111(d)) unless such qualified employer makes an election not to have section 3111(d) apply.’.CommentsClose CommentsPermalink





(c) Energy Efficiency Loan Guarantees- Section 1705(a) of the Energy Policy Act of 2005Transfers to Federal Old-Age and Survivors Insurance Trust Fund- There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 16516(a)) is amended by adding at the end the following:‘(4) Energy efficiency projects, including projects401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.CommentsClose CommentsPermalink





(d) Application to Railroad Retirement Taxes-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink





‘(c) Special Rate for Certain Individuals Hired in 2010-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of compensation paid by a qualified employer during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, with respect to having a qualified individual in the employer’s employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year.CommentsClose CommentsPermalink





‘(2) QUALIFIED EMPLOYER- The term ‘qualified employer’ means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing.CommentsClose CommentsPermalink





‘(3) QUALIFIED INDIVIDUAL- For purposes of this subsection, the term ‘qualified individual’ means any individual who--CommentsClose CommentsPermalink





‘(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011,CommentsClose CommentsPermalink





‘(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment,CommentsClose CommentsPermalink





‘(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, andCommentsClose CommentsPermalink





‘(D) is not an individual described in section 51(i)(1) (applied by substituting ‘qualified employer’ for ‘taxpayer’ each place it appears).CommentsClose CommentsPermalink





‘(4) ELECTION- A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.CommentsClose CommentsPermalink





‘(5) SPECIAL RULE FOR FIRST CALENDAR QUARTER OF 2010-CommentsClose CommentsPermalink





‘(A) NONAPPLICATION OF EXEMPTION DURING FIRST QUARTER- Paragraph (1) shall not apply with respect to retrofit residential, commercial, and industrial buildings, facilities, and equipmentcompensation paid during the first calendar quarter of 2010.CommentsClose CommentsPermalink





‘(B) CREDITING OF FIRST QUARTER EXEMPTION DURING SECOND QUARTER- The amount by which the tax imposed under subsection (a) would (but for subparagraph (A)) have been reduced with respect to compensation paid by a qualified employer during the first calendar quarter of 2010 shall be treated as a payment against the tax imposed under subsection (a) with respect to the qualified employer for the second calendar quarter of 2010 which is made on the date that such tax is due.’.CommentsClose CommentsPermalink





CHAPTER 3--HOMELAND SECURITYDEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agencyfirefighter assistance grantsFor an additional amount for ‘Firefighter Assistance Grants’ for necessary expenses for programs authorized by section 34 of the Federal Fire Prevention and Control(2) TRANSFERS TO SOCIAL SECURITY EQUIVALENT BENEFIT ACCOUNT- There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (15 U.S.C. 2229a), $500,000,000: Provided, That notwithstanding any provision under section 34(a)(1)(A) of such Act specifying that grants must be used to increase the number of firefighters in fire departments, the Secretary of Homeland Security, in making grants under section 34 of such Act for fiscal year 2010, shall grant waivers from the requirements of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section: Provided further, That section 34(a)(1)(E) of such Act shall not apply with respect to funds appropriated in this or any other Act making appropriations for fiscal year 2010 for grants under section 34 of such Act: Provided further, That the Secretary of Homeland Security, in making grants under section 34 of such Act, shall ensure that funds appropriated under this or any other Act making appropriations for fiscal year 2010 are made available for the retention of firefighters and shall award grants not later than 120 days after the date of enactment of this Act: Provided further, That the Secretary may transfer any unused funds under this heading to make grants for programs authorized by section 33 of such Act (145 U.S.C. 2229) after notification to the Committees on Appropriations of the Senate and the House of Representatives.CHAPTER 4--INTERIOR AND ENVIRONMENTDEPARTMENT OF THE INTERIORBureau of Land Managementmanagement of lands and resources

For an additional amount for ‘Management of Lands and Resources’, for activities on all Bureau of Land Management lands using term employment, $20,000,000.

United States Fish and Wildlife Serviceresource management

For an additional amount for ‘Resource Management’, for activities using term employment, $30,000,000.

National Park Serviceoperation of the national park system

For an additional amount for ‘Operation of the National Park System’, for activities on all national park units using term employment, $50,000,000.

Department-wide Programswildland fire management

For an additional amount for ‘Wildland Fire Management’, for hazardous fuels reduction and related activities including necessary inventory and monitoring, using term employment, $20,000,000.

ENVIRONMENTAL PROTECTION AGENCYState and Tribal Assistance Grants(including transfers of funds)For an additional amount for ‘State and Tribal Assistance Grants’, $2,000,000,000, of which $1,000,000,000 shall be for capitalization grants for31n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act and $1,000,000,000 shall be for capitalization grants under section 1452 of the Safe Drinking Water Act:Provided, That the Administrator may retain up to 1 percent of the funds appropriated herein for management and oversight purposes: Provided further, That funds appropriated herein shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act nor the matching requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That the Administrator shall reallocate funds appropriated herein for the Clean and Drinking Water State Revolving Funds (Revolving Funds) where projects are not under contract or construction within 8 months of the date of enactment of this Act: Provided further, That notwithstanding the priority rankings they would otherwise receive under each program, priority for funds appropriated herein shall be given to projects on a State priority list that are ready to proceed to construction within 12 months of the date of enactment of this Act: Provided further, That notwithstanding the requirements of section 603(d) of the Federal Water Pollution Control Act or section 1452(f) of the Safe Drinking Water Act, for the funds appropriated herein, each State shall use not less than 50 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further, That,preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent there are sufficient eligible project applications, not less than 20 percent of the funds appropriated herein for the Revolving Funds shall be for projects to address green infrastructure, water or energy efficiency improvements or other environmentally innovative activities: Provided further, That notwithstanding the limitation on amounts specified in section 518(c) of the Federal Water Pollution Control Act, up to 2.0 percent of the funds appropriated herein for the Clean Water State Revolving Funds may be reserved by the Administrator for tribal grants under section 518(c) of such Act: Provided further, That up to 4 percent of the funds appropriated herein for tribal set-asides under the Revolving Funds may be transferred to the Indian Health Service to support management and oversight of tribal projects: Provided further, That none of the funds appropriated herein shall be available for the purchase of land or easements as authorized bypossible the transfers which would have occurred to such Account had such amendments not been enacted.CommentsClose CommentsPermalink




(e) Effective Dates-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this subsection shall apply to wages paid after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) RAILROAD RETIREMENT TAXES- The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act.CommentsClose CommentsPermalink

(a) In General- In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased, with respect to each retained worker with respect to which subsection (b)(2) is first satisfied during such taxable year, by the lesser of--CommentsClose CommentsPermalink





(1) $1,000, orCommentsClose CommentsPermalink





(2) 6.2 percent of the wages (as defined in section 3401(a)) paid by the taxpayer to such retained worker during the 52 consecutive week period referred to in subsection (b)(2).CommentsClose CommentsPermalink





(b) Retained Worker- For purposes of this section, the term ‘retained worker’ means any qualified individual (as defined in section 603(c) of the Federal Water Pollution Control Act or for activities authorized by section 1452(k) of the Safe Drinking Water Act: Provided further, That notwithstanding section 603(d)(2) of the Federal Water Pollution Control Act and section 1452(f)(2) of the Safe Drinking Water Act, funds may be used to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt3111(d)(3) or section 3221(c)(3) of the Internal Revenue Code of 1986)--CommentsClose CommentsPermalink





(1) who was incurred on or after October 1, 2009: Provided further, That section 1606 of title XVI of Public Law 111-5 shall apply to the use of the funds provided under this heading.Department of AgricultureForest Servicestate and private forestry

For an additional amount for ‘State and Private Forestry’, for financial assistance to States and territories for authorized activities using term employment, $75,000,000.

national forest system

For an additional amount for ‘National Forest System’, for activities on the National Forest System using term employment, $40,000,000.

wildland fire management

For an additional amount for ‘Wildland Fire Management’, for hazardous fuels reduction and related activities using term employment, $35,000,000.

General Provisions, This Chapter(including transfer of funds)

Sec. 1401. Funds made available to the Environmental Protection Agency by this Act for management and oversight purposes shall remain available until September 30, 2012, and may be transferred to the ‘Environmental Programs and Management’ account as needed.

Sec. 1402. In carrying out the work for which funds in this title are being made available, the Secretary of the Interior and the Secretary of Agriculture shall utilize, to the maximum extent practicable, the Public Lands Corps, Youth Conservation Corps, Student Conservation Association, Job Corps, Corps Network members, and other related partnerships with Federal, State, local, tribal or non-profit groups that serve young adults, underserved and minority populations, veterans, and special needs individuals.

CHAPTER 5--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIESDEPARTMENT OF LABOREmployment and Training Administrationtraining and employment services

For an additional amount for ‘Training and Employment Services’ for activities under the Workforce Investment Act of 1998 (‘WIA’), $1,250,000,000, which shall be available for obligation on the date of enactment of this Act, as follows:

(1) $500,000,000 for grants to the States for youth activities:Provided, That such funds shall be used solely for summer employment programs for youth: Provided further, That no portion of such funds shall be reserved to carry out section 127(b)(1)(A) of the WIA: Provided further, That for purposes of section 127(b)(1)(C)(iv) of the WIA, funds available for youth activities shall be allotted as if the total amount available for youth activities in the fiscal year does not exceed $1,000,000,000: Provided further, That the work readiness performance indicator described in section 136(b)(2)(A)(ii)(I)employed by the taxpayer on any date during the taxable year,CommentsClose CommentsPermalink




(2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, andCommentsClose CommentsPermalink





(3) whose wages (as defined in section 3401(a)) for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period.CommentsClose CommentsPermalink





(c) Limitation on Carrybacks- No portion of the unused business credit under section 38 of the Internal Revenue Code of 1986 for any taxable year which is attributable to the increase in the current year business credit under this section may be carried to a taxable year beginning before the date of the enactment of this section.CommentsClose CommentsPermalink





(d) Treatment of Possessions-CommentsClose CommentsPermalink





(1) PAYMENTS TO POSSESSIONS-CommentsClose CommentsPermalink





(A) MIRROR CODE POSSESSIONS- The Secretary of the WIA shall be the only measure of performance used to assess the effectiveness of summer employment for youth provided with such funds: Provided further, That an in-school youth shall meet the requirement that eligible youth be a low-income individual under section 101(13)(B)Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (other than this subsection). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.CommentsClose CommentsPermalink





(B) OTHER POSSESSIONS- The Secretary of the WIA if such youth has been determined to meet the eligibility requirements for free meals under the National School Lunch Act (42 U.S.C. 1751 et seq.) during the most recent school year; and(2) $750,000,000 for a program of competitive grants for worker training and placement in high growth and emerging industry sectors:Provided, That $275,000,000 shall be for job training projects that prepare workers for careers in energy efficiency and renewable energy as described in section 171(e)(1)(B)Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the WIA, of which $225,000,000 shall be for Pathways Out of Poverty projects: Provided further, That in awarding grants from those funds not dedicated in tTreasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of this section (other than this subsection) if a mirror code tax system had been in effect in such possession. The preceding proviso, the Secretary of Labor shall give priority to projects that prepare workers for careers in the health care sector.DEPARTMENT OF EDUCATIONEducation Jobs Fund

For necessary expenses for an Education Jobs Fund, $23,000,000,000, which shall remain available for obligation through September 30, 2010 and shall be administered under the terms and conditions of sections 14001 through 14013 of title XIV, and title XV, of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), except as follows:

(1) ALLOTMENTS TO STATES AND TERRITORIES- Such funds shall be available only for allocations by the Secretary under subsections (a) and (d) of section 14001sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession.CommentsClose CommentsPermalink




(2) RESERVATION- With respect to funds appropriated under this heading, a State that receives an allocation may reserve not more than 5 percent for--

(A) the administrative costs of carrying out its responsibilities with respect to those funds, provided the State reserves not more than 1 percent of its total allocation for those costs; and

(B) retaining or creating positions in the State educational agency or the State agency for higher education, and other State agency positions related to the administration or support of early childhood, elementary, secondary or postsecondary educationCOORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES- No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 against United States income taxes for any taxable year determined under subsection (a) shall be taken into account with respect to any person--CommentsClose CommentsPermalink




(A) to whom a credit is allowed against taxes imposed by the possession by reason of this section for such taxable year, orCommentsClose CommentsPermalink





(B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year.CommentsClose CommentsPermalink





(3) AWARDS TO LOCAL EDUCATIONAL AGENCIES AND PUBLIC INSTITUTIONS OF HIGHER EDUCATIONDEFINITIONS AND SPECIAL RULES-CommentsClose CommentsPermalink





(A) Except as specified under paragraph (2), an allocation of such funds to a State under section 14001(d) shall be used only for awards to local educational agencies and public institutions of higher education for the support of elementary, secondary, and postsecondary education. The Governor shall determine how the funds appropriated under this heading are allocated for elementary and secondary education and for public institutions of higher education. In making the determination in the preceding sentence, the Governor shall allocate funds among the categories of elementary and secondary education and public institutions of higher education generally in proportion to any reductions in State funds for such categories.

(B) Funds used to support elementary and secondary education shall be distributed through the State’s primary elementary and secondary funding formulae.

(C) Section 14002(a) and (b) shall not apply.

(4) INAPPLICABILITY OF EDUCATION REFORM ASSURANCES- Subsection (b)(2), and paragraphs (1) through (5) of subsection (d), of section 14005 shall not apply to any application for an allocation of such funds.

(5) REQUIREMENT TO USE FUNDS TO RETAIN OR CREATE EDUCATION JOBS- Notwithstanding sections 14003(a) and 14004(a), such funds may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, for activities defined in section 101(31) of the Workforce Investment Act of 1998, and to hire new employees in order to provide early childhood, elementary, secondary, or postsecondary educational and related services or for modernization, renovation, and repair of public school facilities and facilities of institutions of higher education.

(6) PROHIBITION ON USE OF FUNDS FOR RAINY-DAY FUNDS OR DEBT RETIREMENT- A State that receives an allocation may not use such funds, directly or indirectly, to establish, restore, or supplement a rainy-day fund, or to supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; or to reduce or retire debt obligations incurred by the State, or to supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State, provided that this prohibition shall not apply to fund balances that are necessary to comply with any State requirement to maintain a balanced budget.

(7) APPLICATION CONSIDERATIONS- If, by a date set by the Secretary, a Governor has not submitted an approvable application under section 14005(a), the Secretary may provide for the distribution of funds allocated under section 14001(d) to another entity or other entities in the State, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to the appropriation under this heading shall apply to such funds distributed to such entity or entities.

(8) LOCAL EDUCATIONAL AGENCY APPLICATION- Section 442 of the General Education Provisions Act does not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of the American Recovery and Reinvestment Act of 2009. The assurances provided under that application shall continue to apply to funds awarded under this heading.

(9) MAINTENANCE OF EFFORT- The Secretary shall not allocate funds to a State under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will--

(A) for fiscal year 2010--

(i) maintain State support for elementary, secondary, and public higher education (not including support for capital projects or research and development or tuition and fees paid by students), in the aggregate, at the level of such support for fiscal year 2009; or

(ii) maintain State support for elementary, secondary, and public higher education (not including support for capital projects or research and development or tuition and fees paid by students), in the aggregate, at a level no less than such support for fiscal year 2006, provided that if a State has enacted a reduction to such aggregate level of fiscal year 2010 State support for elementary, secondary, and public higher education after December 12, 2009, the State shall maintain State support for elementary, secondary, and public higher education at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for such purpose for fiscal year 2010 prior to December 12, 2009; and

(B) for fiscal year 2011--

(i) comply with subparagraph (A)(i); or

(ii) maintain State support for elementary, secondary, and public higher education (not including support for capital projects or research and development or tuition and fees paid by students), in the aggregate, at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for such purpose for fiscal year 2010.

Student Financial Assistance

For an additional amount for ‘Student Financial Assistance’ to carry out part C of title IV of the Higher Education Act of 1965, $300,000,000, which shall remain available through September 30, 2011.

RELATED AGENCIESCorporation for National and Community Serviceoperating expenses(including transfer of funds)For an additional amount for ‘Operating Expenses’ to carry out the Domestic Volunteer Service Act of 1973 (‘1973 Act’) and the National and Community Service Act of 1990 (‘1990 Act’), $132,000,000, which shall remain available through September 30, 2011:Provided, That not less than $90,000,000 of the funds made available in this paragraph shall be used to make additional awards to existing AmeriCorps grantees and may be used to provide adjustments to awards under subtitle C of title I of the 1990 Act made prior to September 30, 2011 for which the Chief Executive Officer of the Corporation for National and Community Service (‘CEO’) determines that a waiver of the Federal share limitation is warranted under section 2521.70 of title 45 of the Code of Federal Regulations: Provided further, That up to $30,000,000 shall be for programs under title I, part A of the 1973 Act: Provided further, That any funds provided in the previous proviso shall not be made available in connection with cost-share agreements authorized underPOSSESSION OF THE UNITED STATES- For purposes of this subsection, the term ‘possession of the United States’ includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink




(B) MIRROR CODE TAX SYSTEM- For purposes of this subsection, the term ‘mirror code tax system’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.CommentsClose CommentsPermalink





(C) TREATMENT OF PAYMENTS- For purposes of section 192A(g)(10) of the 1990 Act: Provided further, That of the amount made available in this paragraph, not less than $7,000,000 shall be transferred to ‘Salaries and Expenses’ to administer the funds provided in this paragraph, including making any necessary information technology upgrades: Provided further, That the CEO shall provide to the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2010 operating plan for the funds appropriated in this paragraph prior to making any Federal obligations of such funds in fiscal year 2010, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2011 operating plan for such funds in fiscal year 2011, but not later than November 1, 2010, that detail the allocation of resources and the increased number of members supported by the AmeriCorps programs: Provided further, That the CEO shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than 90 days after issuance of the operating plan, and quarterly thereafter as long as funding provided under this heading is available for obligation or expenditure.national service trust(including transfer of funds)

For an additional amount for ‘National Service Trust’ established under subtitle D of title I of the National and Community Service Act of 1990 (‘1990 Act’), $68,000,000, which shall remain available until expended:Provided, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ‘Operating Expenses’ allocated to grants under subtitle C of title I of the 1990 Act to the National Service Trust upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the amount appropriated or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirements to apportion funds under 31 U.S.C. 1513(b).

General Provision, This Chapter324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply.CommentsClose CommentsPermalink

SEC. 301. ISSUER ALLOWED REFUNDABLE CREDIT FOR QUALIFIED ZONE ACADEMY BONDS ANDCERTAIN QUALIFIED SCHOOL CONSTRUCTION BONDSSec. 1501. (a) In General- Section 6431 of the Internal Revenue Code of 1986TAX CREDIT BONDS.CommentsClose CommentsPermalink

(a) Credit Allowed- Section 6431 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) Application of Section to Certain Qualified Zone Academy Bonds and Qualified School ConstructionTax Credit Bonds-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of any specified tax credit bond--CommentsClose CommentsPermalink





‘(A) such bond shall be treated as a qualified bond for purposes of this section,CommentsClose CommentsPermalink





‘(B) subsection (a) shall be applied without regard to the requirement that the qualified bond be issued before January 1, 2011,CommentsClose CommentsPermalink





‘(C) the amount of the payment determined under subsection (b) with respect to any interest payment datue under such bond shall be equal to the lesser of--CommentsClose CommentsPermalink





‘(i) the amount of interest payable under such bond on such date, orCommentsClose CommentsPermalink





‘(ii) the amount of interest which would have been payable under such bond on such date if such interest were determined at the applicable credit rate determined under section 54A(b)(3) with respect to such bond,‘(D) ,CommentsClose CommentsPermalink





‘(D) interest on any such bond shall be includible in gross income for purposes of this title,CommentsClose CommentsPermalink





and‘(E) ‘(E) no credit shall be allowed under section 54A with respect to such bond,CommentsClose CommentsPermalink





‘(F) any payment made under subsection (b) shall not be includible as income for purposes of this title, andCommentsClose CommentsPermalink





‘(G) the deduction otherwise allowed under this title to the issuer of such bond with respect to interest paid under such bond shall be reduced by the amount of the payment made under this section with respect to such interest.CommentsClose CommentsPermalink





‘(2) SPECIAL RULE FOR NEW CLEAN RENEWABLE ENERGY BONDS AND QUALIFIED ENERGY CONSERVATION BONDS- In the case of any specified tax credit bond described in clause (i) or (ii) of paragraph (3)(A), the amount determined under paragraph (1)(C)(ii) shall be 70 percent of the amount so determined without regard to this paragraph and sections 54C(b) and 54D(b).CommentsClose CommentsPermalink





‘(3) SPECIFIED TAX CREDIT BOND- For purposes of this subsection, the term ‘specified tax credit bond’ means any qualified tax credit bond (as defined in section 54A(d)) if--CommentsClose CommentsPermalink





‘(A) such bond is--CommentsClose CommentsPermalink





‘(i) a new clean renewable energy bond (as defined in section 54C),CommentsClose CommentsPermalink





‘(ii) a qualified energy conservation bond (as defined in section 54D),CommentsClose CommentsPermalink





‘(iii) a qualified zone academy bond (as defined in section 54E) or, orCommentsClose CommentsPermalink





‘(iv) a qualified school construction bond (as defined in section 54F), andCommentsClose CommentsPermalink





‘(B) the issuer of such bond makes an irrevocable election to have this subsection apply.’.CommentsClose CommentsPermalink





(b) Technical Corrections Relating to Qualified School Construction Bonds-CommentsClose CommentsPermalink





(1) The second sentence of section 54F(d)(1) of such Code is amended by striking is amended by striking ‘by the State’ and inserting ‘by the State education agency (or such other agency as is authorized under State law to make such allocation)’.CommentsClose CommentsPermalink





(2) The second sentence of section 54F(e) of such Code is amended by striking is amended by striking ‘subsection (d)(4)’ and inserting ‘paragraphs (2) and (4) of subsection (d)’.CommentsClose CommentsPermalink





(c) Effective Date-(1) IN GENERAL- Except as otherwise provided in this subsection, the amendment made by this sections-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendment made by subsection (a) shall apply to bonds issued after December 31, 2009.(2) the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) TECHNICAL CORRECTIONS- The amendments made by subsection (b) shall take effect as if included in section 1521 of the American Recovery and Reinvestment Tax Act of 2009.CommentsClose CommentsPermalink

TITLE II--V--EXTENSION OF CURRENT SURFACE TRANSPORTATION EXTENSIONSHORT TITLESec. 2001. PROGRAMSCommentsClose CommentsPermalink

This title may be cited as the ‘Surface Transportation Extension Act of 2009’.FEDERAL-AID HIGHWAYS

Sec. 2002. (a) In General-

(1) APPLICABILITY OF PROVISIONS10’.CommentsClose CommentsPermalink

(a) In General- Except as provided in this titleAct, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under titles I, V, and VI of the SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title), which would otherwise expire on or cease to apply after September 30, 2009, or the date specified in section 106(3) of the Continuing Appropriations Resolution, 2010 (Public Law 111-68), are incorporated by reference and shall continue in effect through September 30, 2010.(2) AUTHORIZATION OF APPROPRIATIONS- Except as provided in subsection (b)until December 31, 2010.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Except as provided in section 412, there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2010 an amount--CommentsClose CommentsPermalink





(1) for fiscal year 2010, a sum equal to the sum of the amounts authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account)total amount authorized to be appropriated out of the Highway Trust Fund for programs, projects, and activities for fiscal year 2009 under titles I, V, and VI of the SAFETEA-LU (119 Stat. 1144) and title 23, United States Code (excluding administrative expenses under section 104(a) and, and title 23, United States Code (excluding chapter 4 of that title); andCommentsClose CommentsPermalink





(2) for the period beginning on October 1, 2010, and ending on December 31, 2010, a sum equal to 1/4 of the total amount authorized to be appropriated out of the Highway Trust Fund for programs, projects, and activities underfor fiscal year 2009 under titles I, V, and VI of the SAFETEA-LU (119 Stat. 1144), and title 23, United States Code (excluding chapter 4 of that title), minus $1,394,358,419.

(3) USE OF FUNDS-

(A.CommentsClose CommentsPermalink




(c) Use of Funds-CommentsClose CommentsPermalink





(1) FISCAL YEAR 2010- Except as otherwise expressly provided in this title, funds authorized to be appropriated under paragraph (2Act, funds authorized to be appropriated under subsection (b)(1) for fiscal year 2010 shall be distributed, administered, limited, and made available for obligation in the same manner as the total amount of funds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account)nd at the same level as funds authorized to be appropriated out of the Highway Trust Fund for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title).CommentsClose CommentsPermalink





(B2) FISCAL YEAR 2011- Except as otherwise expressly provided in this Act, funds authorized to be appropriated under subsection (b)(2) for the period beginning on October 1, 2010, and ending on December 31, 2010, shall be distributed, administered, limited, and made available for obligation in the same manner and at the same level as 1/4 of the total amount of funds authorized to be appropriated out of the Highway Trust Fund for fiscal year 2009 to carry out programs, projects, activities, eligibilities, and requirements under the SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I and VI of the Intermodal Surface Transportation Act of 1991 (105 Stat. 1914), titles I and V of the Transportation Equity Act for the 21st Century (112 Stat. 107), and title 23, United States Code (excluding chapter 4 of that title).CommentsClose CommentsPermalink





(3) CALCULATION- The amounts authorized to be appropriated under paragraph (2subsection (b) shall be calculated without regard to any rescission or cancellation of funds or contract authority for fiscal year 2009 under the SAFETEA-LU (119 Stat. 1144) or any other law.CommentsClose CommentsPermalink





(C) DISTRIBUTION BETWEEN PROGRAMS- Funds authorized to be appropriated under paragraph (2) shall be distributed under subparagraph (A) among programs, projects, and activities referenced in such subparagraph in the ratio that--

(i) the amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for such program, project, or activity for fiscal year 2009; bear to

(ii) the amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for all such programs, projects, and activities for fiscal year 2009.

(D4) CONTRACT AUTHORITY-CommentsClose CommentsPermalink




(i) IN GENERAL- Except as provided in clause (iiA) IN GENERAL- Except as provided in subparagraph (B), funds authorized to be appropriated under this subsection shall be available for obligationection shall be available for obligation and shall be administered in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, and--CommentsClose CommentsPermalink





(i) for fiscal year 2010, shall be subject to a limitation on obligations for Federal-aid highways and highway safety construction programs included in an Act making appropriations for fiscal year 2010.(ii or a portion of that fiscal year; andCommentsClose CommentsPermalink





(ii) for the period beginning on October 1, 2010, and ending on December 31, 2010, shall be subject to a limitation on obligations included in an Act making appropriations for fiscal year 2011 or a portion of that fiscal year, except that during such period obligations subject to such limitation shall not exceed 1/4 of the limitation on obligations included in an Act making appropriations for fiscal year 2011.CommentsClose CommentsPermalink





(B) EXCEPTIONS- (I) IN GENERAL- A limitation on obligations described in clause (i) shall not apply to any obligation under--(aa)or (ii) of subparagraph (A) shall not apply to any obligation under--CommentsClose CommentsPermalink





(i) section 125 of title 23, United States Code; orCommentsClose CommentsPermalink





(bb)ii) section 105 of title 23, United States Code, but--CommentsClose CommentsPermalink





(I) for fiscal year 2010, only in an amount equal to $639,000,000.

(II) SPECIAL RULES- Except as otherwise expressly provided by this title, any special rule that applied in fiscal year 2009 to any program, project, or activity for which funds are authorized to be appropriated under paragraph (2) shall continue to apply through September 30, 2010.

(4) EXTENSION AND FLEXIBILITY FOR CERTAIN ALLOCATED PROGRAMS-

(A; andCommentsClose CommentsPermalink




(II) for the period beginning on October 1, 2010, and ending on December 31, 2010, only in an amount equal to $159,750,000.CommentsClose CommentsPermalink





(5) CALCULATIONS FOR DISTRIBUTION OF OBLIGATION LIMITATION- Upon enactment of an Act making appropriations for the Department of Transportation for fiscal year 2011 (other than an Act or resolution making continuing appropriations), the Secretary shall--CommentsClose CommentsPermalink





(A) as necessary for purposes of making the calculations for the distribution of any obligation limitation under such Act, annualize the amount of contract authority provided under this Act for Federal-aid highways and highway safety construction programs; andCommentsClose CommentsPermalink





(B) multiply the resulting distribution of any obligation limitation under such Act by 1/4 .CommentsClose CommentsPermalink





(d) Extension and Flexibility for Certain Allocated Programs-CommentsClose CommentsPermalink





(1) FISCAL YEAR 2010- (i) IN GENERAL- Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a State under paragraph (2subsection (b)(1) determined by the amount that the State received or was authorized to receive for fiscal year 2009 to carry out sections 1301, 1302, 1307, 1702, and 1934 of the SAFETEA-LU (119 Stat. 1198, 1204, 1217, 1256, and 1485) and, and section 144(f)(1) of title 23, United States Code, shall be--CommentsClose CommentsPermalink





(I) made available to the State for programs specified insection 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the sameA) made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that--CommentsClose CommentsPermalink





(aai) the amount apportioned to the State for that program for fiscal year 2009; bears toCommentsClose CommentsPermalink





(bb) the amount apportioned to the State for fiscal year 2009 for all such programs; and(IIii) the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; andCommentsClose CommentsPermalink





(B) administered in the same manner and with the same period of availability as such funding is administered under programs identified in clause (isubparagraph (A), except that no funds may be used to carry out the project described in section 1307(d)(1) of the SAFETEA-LU (119 Stat. 1217; 122 Stat. 1577).CommentsClose CommentsPermalink





(ii2) FISCAL YEAR 2011- Notwithstanding any other provision of law, for the period beginning on October 1, 2010, and ending on December 31, 2010, the portion of the share of funds of a State under subsection (b)(2) determined by 1/4 of the amount that the State received or was authorized to receive for fiscal year 2009 to carry out sections 1301, 1302, 1307, 1702, and 1934 of the SAFETEA-LU (119 Stat. 1198, 1204, 1217, 1256, and 1485) and section 144(f)(1) of title 23, United States Code, shall be--CommentsClose CommentsPermalink





(A) made available to the State for programs apportioned under sections 104(b) and 144 of title 23, United States Code, and in the same proportion for each such program that--CommentsClose CommentsPermalink





(i) the amount apportioned to the State for that program for fiscal year 2009; bears toCommentsClose CommentsPermalink





(ii) the amount apportioned to the State for fiscal year 2009 for all programs apportioned under such sections of such Code; andCommentsClose CommentsPermalink





(B) administered in the same manner and with the same period of availability as such funding is administered under programs identified in subparagraph (A), except that no funds may be used to carry out the project described in section 1307(d)(1) of the SAFETEA-LU (119 Stat. 1217; 122 Stat. 1577).CommentsClose CommentsPermalink





(3) TERRITORIES AND PUERTO RICO-CommentsClose CommentsPermalink





(I) IN GENERALA) FISCAL YEAR 2010- Notwithstanding any other provision of law, for fiscal year 2010, the portion of the share of funds of a territory or Puerto Rico under paragraph (2b)(1) determined by the amount that the territory or Puerto Rico received or was authorized to receive for fiscal year 2009 to carry out section 1934 of SAFETEA-LU (119 Stat. 1485), shall be--CommentsClose CommentsPermalink





(aai) for a territory, made available and administered in the same manner as funding is made available and administered under section 215 of title 23, United States Code; andCommentsClose CommentsPermalink





(bbii) for Puerto Rico, made available and administered in the same manner as funding is made available and administered under section 165 of title 23, United States Code.CommentsClose CommentsPermalink





(IIB) FISCAL YEAR 2011- Notwithstanding any other provision of law, for the period beginning on October 1, 2010, and ending on December 31, 2010, the portion of the share of funds of a territory or Puerto Rico under paragraph (b)(2) determined by 1/4 of the amount that the territory or Puerto Rico received or was authorized to receive for fiscal year 2009 to carry out section 1934 of SAFETEA-LU (119 Stat. 1485), shall be--CommentsClose CommentsPermalink





(i) for a territory, made available and administered in the same manner as funding is made available and administered under section 215 of title 23, United States Code; andCommentsClose CommentsPermalink





(ii) for Puerto Rico, made available and administered in the same manner as funding is made available and administered under section 165 of title 23, United States Code.CommentsClose CommentsPermalink





(C) TERRITORY DEFINED- In this clause, the term ‘territory’ means any of the followingparagraph, the term ‘territory’ means any of the following territories of the United States: American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands.CommentsClose CommentsPermalink





(B4) ADDITIONAL FUNDS-CommentsClose CommentsPermalink





(i) IN GENERAL- No additional funds shall be provided for any project or activity under paragraph (3)(A) that the Secretary of TransportationA) IN GENERAL- No additional funds shall be provided for any project or activity under subsection (c), or paragraph (1) or (2) of this subsection, that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the project or activity.CommentsClose CommentsPermalink





(ii) RESERVATION AND REDISTRIBUTION AMONG STATES-(I) IN GENERALB) RESERVATION AND REDISTRIBUTION OF FUNDS- Funds made available in accordance with paragraph (3)(A) for a project or activity described in clause (i1) or (2) of subsection (c) or paragraph (1) or (2) of this subsection for a project or activity described in subparagraph (A) shall be--CommentsClose CommentsPermalink





(aai) reserved by the Secretary of Transportation; andCommentsClose CommentsPermalink





(bb) apportioned among all States such that each State’s share of funds so apportioned is equal to the State’s share for fiscal year 2009 of funds apportioned or allocated for the programs specified in subclause (II).

(II) SPECIFIC PROGRAMS- The programs referred to in subclause (I) are--

(aa) the programs listed insection 105(a)(2) of title 23, United States Code;

(bb) the program authorized by section 144(f)(1) of such title; and

(cc) the program authorized by section 1934 of SAFETEA-LU (119 Stat. 1485).

(iii) DISTRIBUTION AMONG PROGRAMS- Funds apportioned to a State pursuant to clause (ii) shall be--

(I) made available to the State for programs specified insection 105(a)(2) of title 23, United States Code (except the high priority projects program), and in the same proportion for each such program that--

(aa) the amount apportioned to the State for that program for fiscal year 2009ii) distributed to each State in accordance with paragraph (1) or (2) of subsection (c), or paragraph (1) or (2) of this subsection, as appropriate, for use in carrying out other highway projects and activities extended by subsection (c) or this subsection, in the proportion that--CommentsClose CommentsPermalink




(I) the total amount of funds made available for fiscal year 2009 for projects and activities described in subparagraph (A) in the State; bears toCommentsClose CommentsPermalink





(bb) the amount apportioned to the State for fiscal year 2009 for all such programs; and

(II) administered in the same manner and with the same period of availability as such funding is administered under programs identified in subclause (I).

(C) COMPETITIVE DISTRIBUTION OF CERTAIN DISCRETIONARY FUNDS-

(i) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE- Notwithstanding section 1301(m) of SAFETEA-LU (119 Stat. 1202), the Secretary shall allocate funds authorized to be appropriated under paragraph (2) for the projects of national and regional significance program on the basis of a competitive selection process in accordance with sections 1301(d), 1301(e), and 1301(f) of that Act (119 Stat. 1199).

(ii) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM- Notwithstanding section 1302(e) of SAFETEA-LU (119 Stat. 1205), the Secretary shall allocate funds authorized to be appropriated under paragraph (2) for the national corridor infrastructure improvement program on the basis of a competitive selection process in accordance with section 1302(b) of that Act (119 Stat. 1204).

(5) EXTENSION OF AUTHORIZATIONS UNDER TITLE V OFII) the total amount of funds made available for fiscal year 2009 for those projects and activities in all States.CommentsClose CommentsPermalink




(e) Extension of Authorizations Under Title V of SAFETEA-LU-CommentsClose CommentsPermalink





(A) IN GENERAL- The programs authorized under 1) IN GENERAL- The programs authorized under paragraphs (1) through (5) of section 5101(a) of the SAFETEA-LU (119 Stat. 1779) shall be continued for fiscal year 2010 at the funding levels authorized for those--CommentsClose CommentsPermalink





(A) for fiscal year 2010, at the funding levels authorized for those programs for fiscal year 2009; andCommentsClose CommentsPermalink





(B) for the period beginning on October 1, 2010, and ending on December 31, 2010, at 1/4 the funding levels authorized for those programs for fiscal year 2009.CommentsClose CommentsPermalink





(B2) DISTRIBUTION OF FUNDS- Funds for programs continued under subparagraph (Aparagraph (1) shall be distributed to major program areas under those programs in the same proportions as funds were allocated for those program areas for fiscal year 2009, except that designations for specific activities shall not be required to be continued for fiscal year 2010.(C) --CommentsClose CommentsPermalink





(A) fiscal year 2010; orCommentsClose CommentsPermalink





(B) the period beginning on October 1, 2010, and ending on December 31, 2010.CommentsClose CommentsPermalink





(3) ADDITIONAL FUNDS-CommentsClose CommentsPermalink





(i) IN GENERAL- No additional funds shall be provided for any project or activity under this paragraph that the Secretary of TransportationA) IN GENERAL- No additional funds shall be provided for any project or activity under this subsection that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the project or activity.CommentsClose CommentsPermalink





(iiB) DISTRIBUTION- Funds that would have been made available under subparagraph (A) for a project or activityparagraph (1) for a project or activity but for the prohibition under clause (isubparagraph (A) shall be distributed in accordance with subparagraph (B).

(b) Administrative Expenses-

(1) AUTHORIZATION OF CONTRACT AUTHORITYparagraph (2).CommentsClose CommentsPermalink

(a) Authorization of Contract Authority- Notwithstanding any other provision of this titleAct or any other law, there isare authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account), $420,562,000from amounts provided under section 411, for administrative expenses of the Federal-aid highway program for fiscal year 2010.

(2) CONTRACT AUTHORITY- Funds authorized to be appropriated by this subsection shall be--

(A--CommentsClose CommentsPermalink




(1) $422,425,000 for fiscal year 2010; andCommentsClose CommentsPermalink





(2) $105,606,250 for the period beginning on October 1, 2010, and ending on December 31, 2010.CommentsClose CommentsPermalink





(b) Contract Authority- Funds authorized to be appropriated by this section shall be--CommentsClose CommentsPermalink





(1) available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; andCommentsClose CommentsPermalink





(2) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs, except that such funds shall remain available until expended; and(B).CommentsClose CommentsPermalink

(a) In General- The Secretary of Transportation shall restore funds rescinded pursuant to section 10212 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1937) to the States and to the programs from which the funds were rescinded.CommentsClose CommentsPermalink





(b) Administration of Funds- The restored amounts shall be administered in the same manner as the funds originally rescinded, except those funds may only be used with an obligation limitation provided in an Act making appropriations for Federal-aid highways and highway safety construction programs enacted after implementation of the rescission under section 10212 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1937).CommentsClose CommentsPermalink





(c) Funding-CommentsClose CommentsPermalink





(1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2010 to carry out this section an amount equal to the amount of funds rescinded under section 10212 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1937).CommentsClose CommentsPermalink





(2) AVAILABILITY FOR OBLIGATION- Funds authorized to be appropriated by this section shall be--CommentsClose CommentsPermalink





(A) made available under this section and available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall retain the characteristics of the funds originally rescinded; andCommentsClose CommentsPermalink





(B) subject to a limitation on obligations for Federal-aid highways and highway safety construction programs included in an Act making appropriations for fiscal year 2010.(c) Reconciliation of Funds- or a portion of the fiscal year.CommentsClose CommentsPermalink





(d) Limitation- No funds authorized to be restored under this section shall be restored after the end of fiscal year 2010.CommentsClose CommentsPermalink

The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity continued under this section by any amount apportioned or allocated for such program, project, or activityunder this title by amounts apportioned or allocated pursuant to the Continuing Appropriations Resolution, 2010 (Public Law 111-68).CommentsClose CommentsPermalink

SEC. 421. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATIONSec. 2003. (a) HIGHWAY SAFETY PROGRAMS.CommentsClose CommentsPermalink

(a) Chapter 4 Highway Safety Programs- Section 2001(a)(1) of the SAFETEA-LU (119 Stat. 1519) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’; andCommentsClose CommentsPermalink





(2) by inserting after ‘2009’ the following: ‘, andstriking ‘2009.’ and inserting ‘2009, $235,000,000 for fiscal year 2010, and $58,750,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(b) Highway Safety Research and Development- Section 2001(a)(2) of such Actthe SAFETEA-LU (119 Stat. 1519) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’; andCommentsClose CommentsPermalink





(2) by inserting after ‘2009’ the following: ‘, and $105,500,000 for fiscal year 2010striking ‘2009.’ and inserting ‘2009, $107,329,000 for fiscal year 2010, and $27,061,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(c) Occupant Protection Incentive Grants-CommentsClose CommentsPermalink





(1) EXTENSION OF PROGRAM-Section 405 of title 23, United States Code, is amended--(A) in subsection (a)(3) Section 405(a) of title 23, United States Code, is amended--CommentsClose CommentsPermalink





(A) in paragraph (3), by striking ‘6’ and inserting ‘7’; and(B) in subsection (a)(4)(C) by striking ‘in each of the fifth and sixth fiscal years beginning after September 30, 2003,’ and inserting ‘in each subsequent fiscal year8’; andCommentsClose CommentsPermalink





(B) in paragraph (4)(C), by striking ‘fifth and sixth’ and inserting ‘fifth through eighth’.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(3) of such Actthe SAFETEA-LU (119 Stat. 1519) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’; andCommentsClose CommentsPermalink





(B) by inserting after ‘2009’ the following: ‘, andstriking ‘2009.’ and inserting ‘2009, $25,000,000 for fiscal year 2010, and $6,250,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(d) Safety Belt Performance Grants-

(1) EXTENSION OF PROGRAM-Section 406(c)(1) of title 23, United States Code, is amended by striking ‘2009’ and inserting ‘2010’.

(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(4) of such Act Section 2001(a)(4) of the SAFETEA-LU (119 Stat. 1519) is amended--CommentsClose CommentsPermalink




(A) by striking ‘and’; and(B) by inserting after ‘2009’ the following: ‘, and1) by striking ‘and’; andCommentsClose CommentsPermalink





(2) by striking ‘2009.’ and inserting ‘2009, $124,500,000 for fiscal year 2010, and $31,125,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(e) State Traffic Safety Information System Improvements- Section 2001(a)(5) of such Actthe SAFETEA-LU (119 Stat. 1519) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’; andCommentsClose CommentsPermalink





(2) by inserting after ‘2009’ the following: ‘, andstriking ‘2009.’ and inserting ‘2009, $34,500,000 for fiscal year 2010, and $8,625,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(f) Alcohol-Iimpaired Driving Countermeasures Incentive Grant Program-CommentsClose CommentsPermalink





(1) EXTENSION OF PROGRAM- Section 410 of title 23, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (a)(3)(C) by striking ‘in each of the , by striking ‘fifth, sixth, seventh, and eighth fiscal years’ and inserting ‘in each subsequent fiscal year’; and(B) in subsection (b)(2)(C) by striking ‘and 2009’ and inserting ‘, 2009, and 2010’ and inserting ‘fifth through tenth’; andCommentsClose CommentsPermalink





(B) in subsection (b)(2)(C), by striking ‘2008 and 2009’ and inserting ‘2008, 2009, 2010, and 2011’.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(6) of such Actthe SAFETEA-LU (119 Stat. 1519) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’; andCommentsClose CommentsPermalink





(B) by inserting after ‘2009’ the following: ‘, andstriking ‘2009.’ and inserting ‘2009, $139,000,000 for fiscal year 2010, and $34,750,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(g) National Driver Register- Section 2001(a)(7) of such Actthe SAFETEA-LU (119 Stat. 1520) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’; andCommentsClose CommentsPermalink





(2) by inserting after ‘2009’ the following: ‘, and $4,000,000 for fiscal year 2010striking ‘2009.’ and inserting ‘2009, $4,078,000 for fiscal year 2010, and $1,029,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(h) High Visibility Enforcement Program-CommentsClose CommentsPermalink





(1) EXTENSION OF PROGRAM- Section 2009(a) of such Actthe SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1535) is amended by striking ‘2009’ and inserting ‘20101’.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(8) of such Actthe SAFETEA-LU (119 Stat. 1520) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’; andCommentsClose CommentsPermalink





(B) by inserting after ‘2009’ the second place it appears the following: ‘, andstriking ‘2009.’ and inserting ‘2009, $29,000,000 for fiscal year 2010, and $7,250,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(i) Motorcyclist Safety-CommentsClose CommentsPermalink





(1) EXTENSION OF PROGRAM- Section 2010(d)(1)(B) of such Actthe SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1536) is amended by striking ‘and fourth’ and inserting ‘fourth, and fiffifth, and sixth’.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(9) of such Actthe SAFETEA-LU (119 Stat. 1520) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’; andCommentsClose CommentsPermalink





(B) by inserting after ‘2009’ the following: ‘, andstriking ‘2009.’ and inserting ‘2009, $7,000,000 for fiscal year 2010, and $1,750,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(j) Child Safety and Child Booster Seat Safety Incentive Grants-CommentsClose CommentsPermalink





(1) EXTENSION OF PROGRAM- Section 2011(c)(2) of such Actthe SAFETEA-LU (23 U.S.C. 405 note; 119 Stat. 1538) is amended by striking ‘fourth fiscal year’ and inserting ‘fourth and fif, fifth, and sixth fiscal years’.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- Section 2001(a)(10) of such Actthe SAFETEA-LU (119 Stat. 1520) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’; andCommentsClose CommentsPermalink





(B) by inserting after ‘2009’ the following: ‘, andstriking ‘2009.’ and inserting ‘2009, $7,000,000 for fiscal year 2010, and $1,750,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(k) Administrative Expenses- Section 2001(a)(11) of such Actthe SAFETEA-LU (119 Stat. 1520) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ the last place it appears; andCommentsClose CommentsPermalink





(2) by inserting after ‘2009’ the following: ‘, and $18,500,000 for fiscal year 2010striking ‘2009.’ and inserting ‘2009, $25,047,000 for fiscal year 2010, and $6,332,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(l) Applicability of Title 23- Section 2001(c) of such Actthe SAFETEA-LU (119 Stat. 1520) is amended by striking ‘2009’ and inserting ‘20101’.CommentsClose CommentsPermalink





(m) Drug-impaired Driving Enforcement- Section 2013(f) of such Actthe SAFETEA-LU (23 U.S.C. 403 note; 119 Stat. 1540) is amended by striking ‘2009’ and inserting ‘20101’.CommentsClose CommentsPermalink





(n) Older Driver Safety; Law Enforcement Training- Section 2017 of such Actthe SAFETEA-LU is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1) (119 Stat. 1541), by striking ‘2009’ and inserting ‘2011’; andCommentsClose CommentsPermalink





(2) in subsection (b)(2) (23 U.S.C. 402 note; 119 Stat. 1541) is amended--

(1) in subsection (a)(1) by striking ‘2009’ and inserting ‘2010’; and

(2) in subsection (b)(2) by striking ‘2009’ and inserting ‘2010’.

), by striking ‘2009’ and inserting ‘2011’.CommentsClose CommentsPermalink

SEC. 422. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAMSSec. 2004. (a).CommentsClose CommentsPermalink

(a) Motor Carrier Safety Grants-Section 31104(a) of title 49, United States Code, is amended--

(1) by striking ‘and’ at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5) and inserting Section 31104(a) of title 49, United States Code, is amended--CommentsClose CommentsPermalink




(1) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) $212,070,000 for fiscal year09,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





‘(7) $52,679,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(b) Administrative Expenses-Section 31104(i)(1) of title 49, United States Code, is amended--

(1) by striking ‘and’ at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E) and inserting Section 31104(i)(1) of title 49, United States Code, is amended--CommentsClose CommentsPermalink




(1) in subparagraph (D), by striking ‘and’;CommentsClose CommentsPermalink





(2) in subparagraph (E), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(F) ‘(F) $239,828,000 for fiscal year 2010; andCommentsClose CommentsPermalink





‘(G) ‘(G) $61,036,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(c) High Priority Activities-Section 31104(k)(2) of title 49, United States Code, is amended by striking ‘2009’ and inserting ‘2010’.(d) Grant Programs- Section 4101(c) of the SAFETEA-LU (119 Stat. 1715) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1) by striking ‘2009’ and inserting ‘2010’;

(2) in paragraph (2) by striking ‘and 2009’ and inserting ‘2009, and 2010’;

(3) in paragraph (3) by striking ‘and 2009, by striking ‘2009.’ and inserting ‘2009, and 2010’;(4) in paragraph (4) by striking ‘2009’ and inserting ‘2010$25,000,000 for fiscal year 2010, and $6,301,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’;CommentsClose CommentsPermalink




(2) in paragraph (2), by striking ‘2009.’ and inserting ‘2009, $32,000,000 for fiscal year 2010, and $8,066,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’;CommentsClose CommentsPermalink





(3) in paragraph (3), by striking ‘2009.’ and inserting ‘2009, $5,000,000 for fiscal year 2010, and $1,260,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’;CommentsClose CommentsPermalink





(4) in paragraph (4), by striking ‘2009.’ and inserting ‘2009, $25,000,000 for fiscal year 2010, and $6,301,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’; andCommentsClose CommentsPermalink





(5) in paragraph (5) by striking ‘2009’ and inserting ‘, by striking ‘2009.’ and inserting ‘2009, $3,000,000 for fiscal year 2010, and $756,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(d) High-priority Activities- Section 31104(k) of title 49, United States Code, is amended by striking ‘2009’ in paragraph (2) and inserting ‘2009, $15,000,000 for fiscal year 2010, and $3,781,000 for the period beginning on October 1, 2010, and ending on December 31, 2010’.CommentsClose CommentsPermalink





(e) New Entrant Audits- Section 31144(g)(5)(B) of title 49, United States Code, is amended by inserting ‘(and up to $7,310,000 for the period beginning on October 1, 2010, and ending on December 31, 2010)’ after ‘fiscal year’.CommentsClose CommentsPermalink





(f) Commercial Driver’s License Information System Modernization- Section 4123(d) of the SAFETEA-LU (119 Stat. 1736) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (3);(2) by striking the period at the end of paragraph (4) and inserting ‘; and’in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (4), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) $8,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





‘(6) $2,016,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’.CommentsClose CommentsPermalink





(fg) Outreach and Education- Section 4127(e) of such Actthe SAFETEA-LU (119 Stat. 1741) is amended by striking ‘and 2009’ and inserting ‘2009, and 2010’.(g, and $252,000 to the Federal Motor Carrier Safety Administration, and $756,000 to the National Highway Traffic Safety Administration, for the period beginning on October 1, 2010, and ending on December 31, 2010,’.CommentsClose CommentsPermalink





(h) Grant Program for Commercial Motor Vehicle Operators- Section 4134(c) of such Actthe SAFETEA-LU (119 Stat. 1744) is amended by striking ‘2009’ and inserting ‘2010’.(h09, 2010, and $252,000 for the period beginning on October 1, 2010, and ending on December 31, 2010,’.CommentsClose CommentsPermalink





(i) Motor Carrier Safety Advisory Committee- Section 4144(d) of the SAFETEA-LU (1119 Stat. 1748) is amended by striking ‘September 30, 2010’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(j) Working Group for Development of Practices and Procedures tTo Enhance Federal-State Relations- Section 4213(d) of such Act (119 Stat. 1759) is amended by striking ‘2009’ and inserting ‘2010’.

(i) Office of Intermodalism-Section 5503(i) of title 49, United States Code, is amended by striking ‘2009’ and inserting ‘2010’.

EXTENSION OF FEDERAL TRANSIT ASSISTANCE PROGRAMSSec. 2005. (a) Extension of Transit Programs- Except as otherwise provided in this title, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under title III of SAFETEA-LU (119 Stat. 1544), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), title III of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2087), title III of the Transportation Equity Act for the 21st Century (112 Stat. 338), and chapter 53 of title 49, United States Code, which would otherwise expire on or cease to apply after September 30, 2009, or the date specified in section 106(3) of the Continuing Appropriations Resolution, 2010 (Public Law 111-68), are incorporated by reference and shall continue in effect through September 30, 2010.

(b) Authorizations- For fiscal year 2010--

(1) there shall be available from the Mass Transit Account of the Highway Trust Fund $8,343,171,000 for each Federal transit assistance program undersection 5338(b) of title 49, United States Code, to be allocated among such programs in proportion to the amounts provided for each such program in fiscal year 2009; and

(2) there is authorized to be appropriated $2,164,581,000 for each Federal transit program under subsections (c) and (d) ofsection 5338 of title 49, United States Code, and for administrative expenses under subsection (e) of such section.

(c) Exceptions-

(1) PROJECTS FOR BUS AND BUS-RELATED FACILITIES AND CLEAN FUELS GRANT PROGRAM- The project designations contained in section 3044 of SAFETEA-LU (119 Stat. 1652) shall not apply to funds made available under subsection (b)(1).

(2) ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS- A program, project, or activity identified in section 3046 of SAFETEA-LU (119 Stat. 1706) that the Secretary of Transportation determines was sufficiently funded before or during fiscal year 2009 to achieve the authorized purpose of the program, project, or activity shall not be eligible for funds authorized to be appropriated under subsection (b)(2).

(d) Contract Authority- A grant or contract approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund through September 30, 2010, to carry out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339 and 5340 of title 49, United States Code, and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392) is a contractual obligation of the Government to pay the Federal share of the cost of the project.

(e) Reconciliation of Funds- The Secretary shall reduce the amount apportioned or allocated for a program, project, or activity continued under this section by any amount apportioned or allocated for such program, project, or activity pursuant to the Continuing Appropriation Resolution, 2010 (Public Law 111-68).

(f) References- Except as otherwise expressly provided, any reference in this section to an Act, or a provision contained in an Act, shall be considered to include the amendments made by that Act or provision.

BOATING SAFETY EXTENSIONSec. 2006.14710 note) is amended by striking ‘September 30, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink

(a) Hazardous Materials Research Projects- Section 7131(c) of the SAFETEA-LU (119 Stat. 1910) is amended by striking ‘through 2009’ and inserting ‘through 2010, and $315,000 for the period beginning on October 1, 2010, and ending on December 31, 2010,’.CommentsClose CommentsPermalink





(b) Dingell-Johnson Sport Fish Restoration Act- Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended--CommentsClose CommentsPermalink





(1) in subsection (a) by striking ‘2009, and the period from October 1, 2009, through the date specified in section 106(3) of the first Continuing Appropriations Resolution for Fiscal Year 2010 enacted into law,’ and inserting ‘2010,’; and

(2) in subsection (b)(1)(A) by striking ‘2009 and the period from October 1, 2009, through the date specified in section 106(3) of the first Continuing Appropriations Resolution for Fiscal Year 2010 enacted into law,’ and inserting ‘2010,’.

LEVEL OF OBLIGATION LIMITATIONS

Sec. 2007. (a) Highway Category- Section 8003(a) of SAFETEA-LU (119 Stat. 1917) is amended--

(1) by striking ‘and’ at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5) and inserting ‘; and’, in the matter preceding paragraph (1), by striking ‘2009,’ and inserting ‘2010 and for the period beginning on October 1, 2010, and ending on December 31, 2010,’; andCommentsClose CommentsPermalink




(2) in subsection (b)(1)(A), by striking ‘2010,’ and inserting ‘and for the period beginning on October 1, 2010, and ending on December 31, 2010,’.CommentsClose CommentsPermalink

(a) Formula and Bus Grants- Section 5338(b) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (C), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in subparagraph (D), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) $8,360,565,000 for fiscal year 2010; andCommentsClose CommentsPermalink





‘(F) $2,090,141,250 for the period beginning October 1, 2010, and ending December 31, 2010.’; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘and $113,500,000 for fiscal year 2009’ and inserting ‘$113,500,000 for each of fiscal years 2009 and 2010, and $28,375,000 for the period beginning October 1, 2010, and ending December 31, 2010,’;CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking ‘and $4,160,365,000 for fiscal year 2009’ and inserting ‘$4,160,365,000 for each of fiscal years 2009 and 2010, and $1,040,091,250 for the period beginning October 1, 2010, and ending December 31, 2010,’;CommentsClose CommentsPermalink





(C) in subparagraph (C), by striking ‘and $51,500,000 for fiscal year 2009’ and inserting ‘$51,500,000 for each of fiscal years 2009 and 2010, and $12,875,000 for the period beginning October 1, 2010, and ending December 31, 2010,’;CommentsClose CommentsPermalink





(D) in subparagraph (D), by striking ‘and $1,666,500,000 for fiscal year 2009’ and inserting ‘$1,666,500,000 for each of fiscal years 2009 and 2010, and $416,625,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(E) in subparagraph (E), by striking ‘and $984,000,000 for fiscal year 2009’ and inserting ‘$984,000,000 for each of fiscal years 2009 and 2010, and $246,000,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(F) in subparagraph (F), by striking ‘and $133,500,000 for fiscal year 2009’ and inserting ‘$133,500,000 for each of fiscal years 2009 and 2010, and $33,375,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(G) in subparagraph (G), by striking ‘and $465,000,000 for fiscal year 2009’ and inserting ‘$465,000,000 for each of fiscal years 2009 and 2010, and $116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(H) in subparagraph (H), by striking ‘and $164,500,000 for fiscal year 2009’ and inserting ‘$164,500,000 for each of fiscal years 2009 and 2010, and $41,125,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(I) in subparagraph (I), by striking ‘and $92,500,000 for fiscal year 2009’ and inserting ‘$92,500,000 for each of fiscal years 2009 and 2010, and $23,125,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(J) in subparagraph (J), by striking ‘and $26,900,000 for fiscal year 2009’ and inserting ‘$26,900,000 for each of fiscal years 2009 and 2010, and $6,725,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(K) in subparagraph (K), by striking ‘and $3,500,000 for fiscal year 2009’ and inserting ‘$3,500,000 for each of fiscal years 2009 and 2010, and $875,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(L) in subparagraph (L), by striking ‘and $25,000,000 for fiscal year 2009’ and inserting ‘$25,000,000 for each of fiscal years 2009 and 2010, and $6,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,’;CommentsClose CommentsPermalink





(M) in subparagraph (M), by striking ‘and $465,000,000 for fiscal year 2009’ and inserting ‘$465,000,000 for each of fiscal years 2009 and 2010, and $116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,’; andCommentsClose CommentsPermalink





(N) in subparagraph (N), by striking ‘and $8,800,000 for fiscal year 2009’ and inserting ‘$8,800,000 for each of fiscal years 2009 and 2010, and $2,200,000 for the period beginning October 1, 2010 and ending December 31, 2010,’.CommentsClose CommentsPermalink





(b) Capital Investment Grants- Section 5338(c) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (4), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) for fiscal year 2010, $42,469,970,1785) $2,000,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





‘(6) $500,000,000 for the period of October 1, 2010 through December 31, 2010.’.CommentsClose CommentsPermalink





(c) Research and University Research Centers- Section 5338(d) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘and $69,750,000 for fiscal year 2009’ and inserting ‘$69,750,000 for each of fiscal years 2009 and 2010, and $17,437,500 for the period beginning October 1, 2010, and ending December 31, 2010’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) ADDITIONAL AUTHORIZATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(i) FISCAL YEAR 2010- Of amounts authorized to be appropriated for fiscal year 2010 under paragraph (1), the Secretary shall allocate for each of the activities and projects described in subparagraphs (A) through (F) of paragraph (1) an amount equal to the amount allocated for fiscal year 2009 under each such subparagraph.CommentsClose CommentsPermalink





‘(ii) OCTOBER 1, 2010 THROUGH DECEMBER 31, 2010- Of amounts authorized to be appropriated for the period beginning October 1, 2010, through December 31, 2010, under paragraph (1), the Secretary shall allocate for each of the activities and projects described in subparagraphs (A) through (F) of paragraph (1) an amount equal to 25 percent of the amount allocated for fiscal year 2009 under each such subparagraph.CommentsClose CommentsPermalink





‘(B) UNIVERSITY CENTERS PROGRAM-CommentsClose CommentsPermalink





‘(i) FISCAL YEAR 2010- Of the amounts allocated under subparagraph (A)(i) for the university centers program under section 5506 for fiscal year 2010, the Secretary shall allocate for each program described in clauses (i) through (iii) and (v) through (viii) of paragraph (2)(A) an amount equal to the amount allocated for fiscal year 2009 under each such clause.CommentsClose CommentsPermalink





‘(ii) OCTOBER 1, 2010 THROUGH DECEMBER 31, 2010- Of the amounts allocated under subparagraph (A)(i) for the university centers program under section 5506 for the period beginning October 1, 2010, and ending December 31, 2010, the Secretary shall allocate for each program described in clauses (i) through (iii) and (v) through (viii) of paragraph (2)(A) an amount equal to 25 percent of the amount allocated for fiscal year 2009 under each such clause.CommentsClose CommentsPermalink





‘(iii) FUNDING- If the Secretary determines that a project or activity described in paragraph (2) received sufficient funds in fiscal year 2009, or a previous fiscal year, to carry out the purpose for which the project or activity was authorized, the Secretary may not allocate any amounts under clause (i) or (ii) for the project or activity for fiscal year 2010, or any subsequent fiscal year.’.CommentsClose CommentsPermalink





(d) Administration- Section 5338(e) of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (4), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) $98,911,000 for fiscal year 2010; andCommentsClose CommentsPermalink





‘(6) $24,727,750 for the period beginning October 1, 2010, and ending December 31, 2010.’.CommentsClose CommentsPermalink

(a) Contracted Paratransit Pilot- Section 3009(i)(1) of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1572) is amended by striking ‘2009’ and inserting ‘2010, and for the period beginning October 1, 2010, and ending December 31, 2010’.CommentsClose CommentsPermalink





(b) Public-private Partnership Pilot Program- Section 3011 of the SAFETEA-LU (49 U.S.C. 5309 note) is amended--CommentsClose CommentsPermalink





(1) in subsection (c)(5), by striking ‘2009’ and inserting ‘2010 and the period beginning October 1, 2010, and ending December 31, 2010’; andCommentsClose CommentsPermalink





(2) in subsection (d), by striking ‘2009’ and inserting ‘2010, and for the period beginning October 1, 2010, and ending December 31, 2010’.CommentsClose CommentsPermalink





(c) Elderly Individuals and Individuals With Disabilities Pilot Program- Section 3012(b)(8) of the SAFETEA-LU (49 U.S.C. 5310 note) is amended by striking ‘September 30, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(d) Obligation Ceiling- Section 3040 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1639) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (5), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) $10,507,752,000 for fiscal year 2010, of which not more than $8,360,565,000 shall be from the Mass Transit Category- Section 8003(b) of SAFETEA-LU (119 Stat. 1917) is amended--

(1) by striking ‘and’ at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5) and inserting ‘; and’; and

(3) by inserting after paragraph (5) the following:

‘(6) for fiscal year 2010, $10,338,065,000Account; andCommentsClose CommentsPermalink





‘(7) $2,626,938,000 for the period beginning October 1, 2010, and ending December 31, 2010, of which not more than $2,090,141,250 shall be from the Mass Transit Account.’.CommentsClose CommentsPermalink





HAZARDOUS MATERIALS RESEARCHSec. 2008. Section 7131(c) of SAFETEA-LU (119 Stat. 1910) is amended by striking (e) Project Authorizations for New Fixed Guideway Capital Projects- Section 3043 of the SAFETEA-LU (Public Law 109-59; 119 Stat. 1640) is amended-- CommentsClose CommentsPermalink





(1) in subsection (b), in the matter preceding paragraph (1), by striking ‘2009’ and inserting ‘2010’.EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY FROM TRUST FUNDS

Sec. 2009. (a) Highway Trust Fund-

(1) HIGHWAY ACCOUNT- Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is amended--

(A) by striking ‘September 30, 2009 (October 1, 2009’ and inserting ‘September 30, 2010 (October 1, 2010’, and

(B) by striking ‘under’ and all that follows and inserting ‘under the Surface Transportation Extension Act of 2009 or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act).’.

(2) MASS TRANSIT ACCOUNT- Paragraph (3) of section 9503(e) of such Code is amended--

(A) by striking ‘October 1, 2009’ and inserting ‘October 1, 2010’, and

(B) by striking ‘in accordance with’ and all that follows and inserting ‘in accordance with the Surface Transportation Extension Act of 2009 or any other provision of law which, and for the period beginning October 1, 2010, and ending December 31, 2010,’; andCommentsClose CommentsPermalink




(2) in subsection (c), in the matter preceding paragraph (1), by striking ‘2009’ and inserting ‘2010, and for the period beginning October 1, 2010, and ending December 31, 2010,’.CommentsClose CommentsPermalink





(f) Allocations for National Research and Technology Programs- Section 3046 of the SAFETEA-LU (49 U.S.C. 5338 note) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by inserting ‘or period’ after ‘fiscal year’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Additional Appropriations- The Secretary shall allocate amounts appropriated pursuant to section 5338(d) of title 49, United States Code, for national research and technology programs under sections 5312, 5314, and 5322 of such title--CommentsClose CommentsPermalink





‘(1) for fiscal year 2010, in amounts equal to the amounts allocated for fiscal year 2009 under each of paragraphs (2), (3), (5), (6), and (8) through (25) of subsection (a); andCommentsClose CommentsPermalink





‘(2) for the period beginning October 1, 2010, and ending December 31, 2010, in amounts equal to 25 percent of the amounts allocated for fiscal year 2009 under each of paragraphs (2), (3), (5), (6), and (8) through (25) of subsection (a).CommentsClose CommentsPermalink





‘(d) Funding- If the Secretary determines that a project or activity described in subsection (a) received sufficient funds in fiscal year 2009, or a previous fiscal year, to carry out the purpose for which the project or activity was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act).’.

(3) EXCEPTION TO LIMITATION ON TRANSFERS- Subparagraph (B) of section 9503(b)(6) of such Code is amended by striking ‘September 30, 2009 (October 1, 2009’ and inserting ‘September 30, 2010 (October 1, 2010’.

(b) Sport Fish Restoration and Boating Trust Fund-

(1) IN GENERAL- Paragraph (2) of section 9504(b) of such Code is amended--

(A) by striking ‘(as in effect’ in subparagraph (A) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009),’,

(B) by striking ‘(as in effect’ in subparagraph (B) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009), and’, and

(C) by striking ‘(as in effect’ in subparagraph (C) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2009)authorized, the Secretary may not allocate any amounts under subsection (c) for the project or activity for fiscal year 2010, or any subsequent fiscal year.’.CommentsClose CommentsPermalink

(a) In General- Paragraph (1) of section 9504(d) of such Code is amended3(f) is amended by striking subparagraph (B).CommentsClose CommentsPermalink





(b) Conforming Amendments- Such paragraph, as amended by paragraph (1), is further amended--CommentsClose CommentsPermalink





(1) by striking ‘, and’ at the end of subparagraph (A) and inserting a period; andCommentsClose CommentsPermalink





(2) by striking ‘October 1, 2009’ and inserting ‘October 1, 20101998’ in the matter preceding subparagraph (A) and all that follows through ‘the opening balance’ and inserting ‘1998, the opening balance’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on September 30, 2009.DETERMINATION OFthe date of the enactment of this title.CommentsClose CommentsPermalink

SEC. 442. RESTORATION OF CERTAIN FOREGONE INTEREST TO HIGHWAY TRUST FUND BALANCES

Sec. 2010. (a) Restoration of Certain Foregone Interest to Highway Trust Fund- Subsection (f) of section 9503 of the Internal Revenue Code of 1986 (relating to determination of trust fund balances after September 30, 1998) is amended--

(1) by striking paragraph (2); and

(2) by adding at the end the following new paragraph.CommentsClose CommentsPermalink

(a) In General- Paragraph (2) of section 9503(f) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) RESTORATION OF FOREGONE INTEREST- Out of money in the Treasury not otherwise appropriated, there is hereby appropriated (without fiscal year limitation)--CommentsClose CommentsPermalink





‘(A) $14,700,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) of the Highway Trust Fund,in the Highway Trust Fund; andCommentsClose CommentsPermalink





‘(B) $4,800,000,000 to the Mass Transit Account ofin the Highway Trust Fund.’.CommentsClose CommentsPermalink





(b) Repeal of Provision Prohibiting Crediting of Interest to Highway Trust Fund-(1) IN GENERALConforming Amendment- Paragraph (1) of section 9503(f) of such Code is amended by striking subparagraph (B).

(2) CONFORMING AMENDMENTS- Such paragraph, as amended by paragraph (1), is further amended--

(A) by striking ‘, and’ at the end of subparagraph (A) and inserting a period, and

(B) by striking ‘1998’ in the matter preceding subparagraph (A) and all that follows through ‘the opening balance’ and inserting ‘1998, the opening balancee) is amended by striking ‘this subsection’ and inserting ‘this section’.CommentsClose CommentsPermalink




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

REPEAL SEC. 443. TREATMENT OF CERTAIN AMOUNTS APPROPRIATED TO HIGHWAY TRUST FUND. CommentsClose CommentsPermalink

SEC. 444. TERMINATION OF TRANSFERS FROM HIGHWAY TRUST FUND FOR REPAYMENTS AND CREDITSSec. 2011. (a) In General- Subsection (c) of section 9503 of the Internal Revenue Code of 1986CERTAIN REPAYMENTS AND CREDITS.CommentsClose CommentsPermalink

(a) In General- Section 9503(c) is amended by striking paragraph (2) and by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 9502(a) of such Code is amended by striking ‘section 9503(c)(7)’ and inserting ‘section 9503(c)(5)’.CommentsClose CommentsPermalink





(2) Section 9503(b)(4)(D) of such Code is amended by striking ‘paragraph (4)(D) or (5)(B)’ and inserting ‘paragraph (3)(D) or (4)(B)’.CommentsClose CommentsPermalink





(3) Section 9503(c)(2) of such CodeParagraph (2) of section 9503(c), as redesignated by subsection (a), is amended by adding at the end the following new sentence: ‘The amounts payable from the Highway Trust Fund under the preceding sentence shall be determined by taking into account only the portion of the taxes which are deposited into the Highway Trust Fund.’.CommentsClose CommentsPermalink





(4) Section 9503(e)(5)(A) of such Code is amended by striking ‘paragraphs is amended by striking ‘(2), (3), and (4)’ and inserting ‘paragraphs (2) and (3)’.CommentsClose CommentsPermalink





(5) Section 9504(a) of such Code is amended by striking ‘section 9503(c)(4), section 9503(c)(5)’ and inserting ‘section 9503(c)(3), section 9503(c)(4)’.CommentsClose CommentsPermalink





(6) Section 9504(b)(2) of such Code is amended by striking ‘sectionis amended by striking ‘section 9503(c)(5)’ and inserting ‘section 9503(c)(4)’.CommentsClose CommentsPermalink





(7) Section 9504(e) of such Code is amended by striking ‘section 9503(c)(4)’ and insertis amended by striking ‘section 9503(c)(4)’ and inserting section ‘9503(c)(3)’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to amounts paid, made by this section shall apply to transfers relating to amounts paid and credits allowed with respect to fuel used, in calendar quarters beginning after the date of the enactment of this Act.FEDERAL SHARESec. 2012. (a) In General- Notwithstanding any otherafter the date of the enactment of this Act.CommentsClose CommentsPermalink

(a) Highways Trust Fund-CommentsClose CommentsPermalink





(1) HIGHWAY ACCOUNT- Paragraph (1) of section 9503(c) is amended--CommentsClose CommentsPermalink





(A) by striking ‘September 30, 2009 (October 1, 2009’ and inserting ‘December 31, 2010 (January 1, 2011’; andCommentsClose CommentsPermalink





(B) by striking ‘under’ and all that follows and inserting ‘under the Surface Transportation Extension Act of 2010 or any other provision of law, the Federal share of the cost of a covered project or activity (or portion of a covered project or activity) funded with amounts obligated during the period beginning on the date of enactment of this Act and ending on September 30, 2010, shall be, at the option of the recipient, up to 100 percent which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act).’.CommentsClose CommentsPermalink





(2) MASS TRANSIT ACCOUNT- Paragraph (3) of section 9503(e) is amended--CommentsClose CommentsPermalink





(A) by striking ‘October 1, 2009’ and inserting ‘January 1, 2011’; andCommentsClose CommentsPermalink





(B) by striking ‘in accordance with’ and all that follows and inserting ‘in accordance with the Surface Transportation Extension Act of 2010 or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act).’.CommentsClose CommentsPermalink





(3) EXCEPTION TO LIMITATION ON TRANSFERS- Subparagraph (B) of section 9503(b)(6) is amended by striking ‘September 30, 2009 (October 1, 2009’ and inserting ‘December 31, 2010 (January 1, 2011’.CommentsClose CommentsPermalink





(b) Covered Project or Activity Defined-

(1) IN GENERAL- In this section, the term ‘covered project or activity’ means a project or activity eligible for assistance under titles I through VI of SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), titles I through VI of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), titles I through V of the Transportation Equity Act for the 21st Century (112 Stat. 107), title 23, United States Code, chapter 53 of title 49, United States Code, chapter 303 of title 49, United States Code, or part B of subtitle VI of title 49, United States Code.

Sport Fish Restoration and Boating Trust Fund-CommentsClose CommentsPermalink




(1) IN GENERAL- Paragraph (2)EXCLUSIONS- Notwithstanding paragraph (1), the term does not include a project or activity funded pursuant to--

(A) section 1301 or 1302 of SAFETEA-LU (119 Stat. 1198, 1204);

(B) section 5309(d) or 5309(e) of title 49, United States Code;

(C) the national infrastructure investments program in the Office of the Secretary of Transportation; or

(D) section 122 of the Department of Transportation Appropriations Act, 2010.

(c) References- Any reference in this section to an Act, or a provision contained in an Act, shall be considered to include the amendments made by that Act or provision.

BUY AMERICA REQUIREMENTS FOR HIGHWAY AND PUBLIC TRANSPORTATION PROJECTS

Sec. 2013. (a) Highways-Section 313 of title 23, United States Code, is amended--

(1) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively;

(2) by inserting after subsection (b) the following:

‘(c) Requirements for Issuance of Waivers-

‘(1) PUBLIC INTEREST WAIVERS- The Secretary may issue a waiver under subsection (b)(1) only after the Secretary has considered the potential impacts of the waiver on domestic manufacturing employment.

‘(2) INSUFFICIENT DOMESTIC SOURCE WAIVERS- The Secretary may issue a waiver under subsection (b)(2) with respect to a material or product only if the Secretary publishes notice of the waiver on the Internet for a period of at least 5 business days prior to issuance of the waiver and a sufficient domestic source of the material or product does not identify itself during the period.

‘(d) Transparency of Waivers-

‘(1) IN GENERAL- When the Secretary receives a written request for a waiver under this section, the Secretary shall--

‘(A) publish the request on the Internet within 5 business days of the date of receipt of the request; and

‘(B) if the Secretary decides to issue a waiver based on the request, publish on the Internet, within 30 days following the date of issuance of the waiver, a detailed written justification as to why the waiver is necessary, including an identification of the amount of Federal funds associated with the waiver.

‘(2) EMPLOYMENT IMPACT STATEMENT- In issuing a waiver based on a finding under subsection (b)(1), the Secretary shall include, as part of the Secretary’s written justification for the waiver decision, a statement detailing the short- and long-term impact of the decision on domestic manufacturing employment. of section 9504(b) is amended--CommentsClose CommentsPermalink




(A) by striking ‘(as in effect’ in subparagraph (A) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2010),’,CommentsClose CommentsPermalink





(B) by striking ‘(as in effect’ in subparagraph (B) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2010), and’, andCommentsClose CommentsPermalink





(C) by striking ‘(as in effect’ in subparagraph (C) and all that follows in such subparagraph and inserting ‘(as in effect on the date of the enactment of the Surface Transportation Extension Act of 2010).’.CommentsClose CommentsPermalink





(2) EXCEPTION TO LIMITATION ON TRANSFERS- Paragraph (2) of section 9504(d) is amended by striking ‘October 1, 2009’ and inserting ‘January 1, 2011’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on September 30, 2009.CommentsClose CommentsPermalink

(a) Highway Category- Section 8003(a) of the SAFETEA-LU (2 U.S.C. 901 note; 119 Stat. 1917) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Application to Bridge Projects- In the case of a bridge project, the requirements of this section apply to all construction contracts carried out within the scope of the applicable decision under the National Environmental Policy Act of 1969 (46) for the period beginning on October 1, 2009, and ending on September 30, 2010, $42,469,970,178.CommentsClose CommentsPermalink





‘(7) for the period beginning on October 1, 2010, and ending on December 31, 2010, $10,617,492,545.’.CommentsClose CommentsPermalink





(b) Mass Transit Category- Section 8003(b) of the SAFETEA-LU (2 U.S.C. 4321 et seq.) and carried out on the bridge from abutment to abutment (including the abutments) regardless of the funding source of the contracts if at least one contract for construction with respect to the bridge is funded with amounts made available under this title.’.(b) Public Transportation-Section 5323(j) of title 49, United States Code,901 note; 119 Stat. 1917) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)(C) in the matter preceding clause (i) by inserting ‘, but excluding a rolling stock prototype’ after ‘equipment’;

(2) by redesignating paragraphs (3) through (9) as paragraphs (5) through (11), respectively; and

(3) by inserting after paragraph (2)4), by striking ‘and’ at the end;CommentsClose CommentsPermalink




(2) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) REQUIREMENTS FOR ISSUANCE OF WAIVER-

‘(A) PUBLIC INTEREST WAIVERS- The Secretary may issue a waiver under paragraph (2)(A) only after the Secretary has considered the potential impacts of the waiver on domestic manufacturing employment.

‘(B) INSUFFICIENT DOMESTIC SOURCE WAIVERS- The Secretary may issue a waiver under paragraph (2)(B) with respect to a material or product only if the Secretary publishes notice of the waiver on the Internet for a period of at least 5 business days prior to issuance of the waiver and a sufficient domestic source of the material or product does not identify itself during the period.

‘(4) TRANSPARENCY OF WAIVERS-

‘(A) IN GENERAL- When the Secretary receives a written request for a waiver under this subsection, the Secretary shall--

‘(i) publish the request on the Internet within 5 business days of the date of receipt of the request; and

‘(ii) if the Secretary decides to issue a waiver based on the request, publish on the Internet, within 30 days following the date of issuance of the waiver, a detailed written justification as to why the waiver is necessary, including an identification of the amount of Federal funds associated with the waiver.

‘(B) EMPLOYMENT IMPACT STATEMENT- In issuing a waiver based on a finding under paragraph (2)(A), the Secretary shall include, as part of the Secretary’s written justification of the waiver decision, a statement detailing the short- and long-term impact of the decision on domestic manufacturing employment6) for the period beginning on October 1, 2009, and ending on December 31, 2010, $10,338,065,000.CommentsClose CommentsPermalink





‘(7) for the period beginning on October 1, 2010, and ending on December 31, 2010, $2,584,516,250.’.CommentsClose CommentsPermalink





(c) Implementation-(1) FINAL GUIDANCE- Not later than 120 days after the date of enactment of this Act, the Secretary shall issue final guidance to carry out the amendments made by this secTreatment of Funds- No adjustment pursuant to section 110 of title 23, United States Code, shall be made for fiscal year 2010 or fiscal year 2011.CommentsClose CommentsPermalink

(a) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





(1) SMALL BUSINESS CONCERN- The term ‘small business concern’ has the meaning that term has under section 3 of the Small Business Act (15 U.S.C. 632), except that the term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary of Transportation for inflation.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The requirements of the amendments made by subsections (a) and (b) shall begin to apply only after issuance of final guidance by the Secretary under paragraph (1).

(d) Semiannual Report- Not later than 6 months after the date of enactment of this Act, and semiannually thereafter through September 30, 2011, the Comptroller General shall submit to the Committee on Transportation and Infrastructure and the Committee on Education and Labor of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the number of waivers issued by the Secretary of Transportation undersection 313(b) of title 23, United States Code, and section 5323(j)(2) of title 49, United States Code, the reasons relied upon for issuing the waivers, and the amount of Federal funds associated with each waiver and in total for the period examined.

TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDSCHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENTDEPARTMENT OF AGRICULTUREGeneral Provision, This ChapterRELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT OF AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACTSec. 3101. (a) In General- To the extent permitted by the Constitution, and notwithstanding any other period of limitations, in the case of an eligible complaint alleging discrimination in violation of the Equal Credit OpportunitySOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS- The term ‘socially and economically disadvantaged individuals’ has the meaning that term has under section 8(d) of the Small Business Act (15 U.S.C. 1691) involving a credit program of the Department of Agriculture, a complainant may, before the end of the filing period--

(1) file a civil action under subsection (c); or

(2) request administrative review under subsection (d).

(b) Eligible Complaint- For purposes of this section, the term ‘eligible complaint’ means any written complaint--

(1) that is not employment related;

(2) that was filed with the Department of Agriculture after December 31, 1997, and before the earlier of--

(A) 2 years after the date of the alleged violation of the Equal Credit Opportunity Act; and

(B) the date of the enactment of this Act; and

(3) with respect to which the complainant--

(A) was not a party to the consent decree in the case entitled ‘Pigford v. Glickman’, approved by the United States District Court for the District of Columbia on April 14, 1999; and

(B) has not obtained relief from the Department of Agriculture or a court of competent jurisdiction637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section.CommentsClose CommentsPermalink




(b) General Rule- Except to the extent that the Secretary of Transportation determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, III, and V of SAFETEA-LU (Public Law 109-59), subtitles A and C of this title, and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.CommentsClose CommentsPermalink





(c) Civil Action- A civil action may be filed under this subsection if, with respect to the eligible complaint, the complainant--

(1) has not requested administrative review; or

(2) has requested administrative review, and the Secretary, with respect to each request, has either--

(A) issued a determination; or

(B) failed to issue a determination by a date that is 180 days after the date such request was madeAnnual Listing of Disadvantaged Business Enterprises- Each State shall annuallyCommentsClose CommentsPermalink




(1) survey and compile a list of the small business concerns referred to in subsection (a) and the location of the concerns in the State; andCommentsClose CommentsPermalink





(2) notify the Secretary of Transportation, in writing, of the percentage of the concerns that are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvantaged individuals.CommentsClose CommentsPermalink





(d) Administrative Review- Administrative review may be requested under this subsection as follows:(1) DETERMINATIONUniform Certification- The Secretary of Transportation shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this section. The minimum uniform criteria shall include, but not be limited to, on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred.CommentsClose CommentsPermalink





(e) Compliance With Court Orders- Nothing in this section limits the eligibility of an entity or person to receive funds made available under titles I, III, and V of SAFETEA-LU (Public Law 109-59), subtitles A and C of this title, and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with subsection (b) because a Federal court issues a final order in which the court finds that the requirement of subsection (b), or the program established under subsection (b), is unconstitutional.CommentsClose CommentsPermalink

SEC. 501. REPORTING ON THE MERITS- A complainant may request a determination on the merits if the complainant, with respect to the eligible complaint, has not filed a civil action.(2) HEARCERTAIN FOREIGN ACCOUNTS.CommentsClose CommentsPermalink

‘CHAPTER 4--TAXES TO ENFORCE REPORTING ON THE RECORD- A complainant may request a hearing on the record if the complainant, with respect to the eligible complaint--

(A) has not filed a civil action;

(B) has requested a determination on the merits, and the Secretary has not issued such determination by the issuance deadline in subsection (f)(2)(A); and

(C) requests such hearing no later than 180 days after the issuance deadline in subsection (f)(2)(A).

(e) Informal Resolution- Notwithstanding any other provision of this section, the Secretary may informally resolve an eligible complaint with a complainant.

(f)CERTAIN FOREIGN ACCOUNTS

‘Sec. 1471. Withholdable payments to foreign financial institutions.CommentsClose CommentsPermalink





‘Sec. 1472. Withholdable payments to other foreign entities.CommentsClose CommentsPermalink





‘Sec. 1473. Definitions.CommentsClose CommentsPermalink





‘Sec. 1474. Special Rules for Administrative Review- For purposes of this section:

(1) REQUESTS FOR ADMINISTRATIVE REVIEW- A request for administrative review shall be--

(A) in writing; and

(B) filed in accordance with procedures established by the Secretary.

(2) RESPONSIBILITY OF SECRETARY- If a complainant requests a determination on the merits under subsection (d)(1), then, unless a complainant, with respect to the eligible complaint, files a civil action or requests a hearing on the record, the Secretary shall, with respect to the eligible complaint, take the following actions:

(A) ISSUANCE OF DETERMINATION- The Secretary shall, not later than an issuance deadline that is 1 year after the date on which the complainant requests a determination on the merits--

(i) investigate the eligible complaint; and

(ii) issue a written determination.

(B) NOTICE OF FAILURE TO ISSUE TIMELY DETERMINATION- If the Secretaryrules.CommentsClose CommentsPermalink

‘SEC. 1471. WITHHOLDABLE PAYMENTS TO FOREIGN FINANCIAL INSTITUTIONS.CommentsClose CommentsPermalink

‘(a) In General- In the case of any withholdable payment to a foreign financial institution which does not issue a written determination by the issuance deadline in subparagraph (A), the Secretary shall promptly issue to the complainant, in writing and by registered mail, notice--

(i) that the Secretary has not issued a timely determination; and

(ii) of the period of time during which the complainant may bring a civil action or request a hearing on the record.

(3) FINALITY OF DETERMINATION WITH RESPECT TO HEARINGmeet the requirements of subsection (b), the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.CommentsClose CommentsPermalink




‘(b) Reporting Requirements, etc-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The requirements of this subsection are met with respect to any foreign financial institution if an agreement is in effect between such institution and the Secretary under which such institution agrees--CommentsClose CommentsPermalink





‘(A) to obtain such information regarding each holder of each account maintained by such institution as is necessary to determine which (if any) of such accounts are United States accounts,CommentsClose CommentsPermalink





‘(B) to comply with such verification and due diligence procedures as the Secretary may require with respect to the identification of United States accounts,CommentsClose CommentsPermalink





‘(C) in the case of any United States account maintained by such institution, to report on an annual basis the information described in subsection (c) with respect to such account,CommentsClose CommentsPermalink





‘(D) to deduct and withhold a tax equal to 30 percent of--CommentsClose CommentsPermalink





‘(i) any passthru payment which is made by such institution to a recalcitrant account holder or another foreign financial institution which does not meet the requirements of this subsection, andCommentsClose CommentsPermalink





‘(ii) in the case of any passthru payment which is made by such institution to a foreign financial institution which has in effect an election under paragraph (3) with respect to such payment, so much of such payment as is allocable to accounts held by recalcitrant account holders or foreign financial institutions which do not meet the requirements of this subsection,CommentsClose CommentsPermalink





‘(E) to comply with requests by the Secretary for additional information with respect to any United States account maintained by such institution, andCommentsClose CommentsPermalink





‘(F) in any case in which any foreign law would (but for a waiver described in clause (i)) prevent the reporting of any information referred to in this subsection or subsection (c) with respect to any United States account maintained by such institution--CommentsClose CommentsPermalink





‘(i) to attempt to obtain a valid and effective waiver of such law from each holder of such account, andCommentsClose CommentsPermalink





‘(ii) if a waiver described in clause (i) is not obtained from each such holder within a reasonable period of time, to close such account.CommentsClose CommentsPermalink





Any agreement entered into under this subsection may be terminated by the Secretary upon a determination by the Secretary that the foreign financial institution is out of compliance with such agreement.CommentsClose CommentsPermalink





‘(2) FINANCIAL INSTITUTIONS DEEMED TO MEET REQUIREMENTS IN CERTAIN CASES- A foreign financial institution may be treated by the Secretary as meeting the requirements of this subsection if--CommentsClose CommentsPermalink





‘(A) such institution--CommentsClose CommentsPermalink





‘(i) complies with such procedures as the Secretary may prescribe to ensure that such institution does not maintain United States accounts, andCommentsClose CommentsPermalink





‘(ii) meets such other requirements as the Secretary may prescribe with respect to accounts of other foreign financial institutions maintained by such institution, orCommentsClose CommentsPermalink





‘(B) such institution is a member of a class of institutions with respect to which the Secretary has determined that the application of this section is not necessary to carry out the purposes of this section.CommentsClose CommentsPermalink





‘(3) ELECTION TO BE WITHHELD UPON RATHER THAN WITHHOLD ON THE RECORD- A determination with respect to a hearing on the record shall be final.

(4) JUDICIAL REVIEW OF ADMINISTRATIVE DETERMINATION- A determination on the merits or a determination with respect to a hearing on the record shall be subject to de novo review.

(g) Filing Period-

(1) IN GENERAL- For purposes of this section, the term ‘filing period’ means the 2-year period beginning on the date of enactment of this Act.

(2) TOLLING- The running of the filing period in paragraph (1), for the purpose of filing a civil action under subsection (c) or requesting a hearing on the record under subsection (d)(2), shall be tolled for the period that, with respect to the eligible complaint--

(A) begins on the date of a request for a determination on the merits; and

(B) ends on the date on which the Secretary issues a determination with respect to a determination on the merits or a hearing on the record.

(h) Relief-

PAYMENTS TO RECALCITRANT ACCOUNT HOLDERS AND NONPARTICIPATING FOREIGN FINANCIAL INSTITUTIONS- In the case of a foreign financial institution which meets the requirements of this subsection and such other requirements as the Secretary may provide and which elects the application of this paragraph--CommentsClose CommentsPermalink




‘(A) the requirements of paragraph (1)(D) shall not apply,CommentsClose CommentsPermalink





‘(B) the withholding tax imposed under subsection (a) shall apply with respect to any withholdable payment to such institution to the extent such payment is allocable to accounts held by recalcitrant account holders or foreign financial institutions which do not meet the requirements of this subsection, andCommentsClose CommentsPermalink





‘(C) the agreement described in paragraph (1)AMOUNT- Subject to paragraph (2), a complainant shall, under subsection (a), and may, under subsection (e), be awarded such relief as the complainant shall--CommentsClose CommentsPermalink





‘(i) require such institution to notify the withholding agent with respect to each such payment of the institution’s election under this paragraph and such other information as may be necessary for the withholding agent to determine the appropriate amount to deduct and withhold from such payment, andCommentsClose CommentsPermalink





‘(ii) include a waiver of any right under any treaty of the United States with respect to any amount deducted and withheld pursuant to an election under this paragraph.CommentsClose CommentsPermalink





To the extent provided by the Secretary, the election under this paragraph may be made with respect to certain classes or types of accounts of the foreign financial institution.CommentsClose CommentsPermalink





‘(c) Information Required To Be Reported on United States Accounts-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The agreement described in subsection (b) shall require the foreign financial institution to report the following with respect to each United States account maintained by such institution:CommentsClose CommentsPermalink





‘(A) The name, address, and TIN of each account holder which is a specified United States person and, in the case of any account holder which is a United States owned foreign entity, the name, address, and TIN of each substantial United States owner of such entity.CommentsClose CommentsPermalink





‘(B) The account number.CommentsClose CommentsPermalink





‘(C) The account balance or value (determined at such time and in such manner as the Secretary may provide).CommentsClose CommentsPermalink





‘(D) Except to the extent provided by the Secretary, the gross receipts and gross withdrawals or payments from the account (determined for such period and in such manner as the Secretary may provide).CommentsClose CommentsPermalink





‘(2) ELECTION TO BE SUBJECT TO SAME REPORTING AS UNITED STATES FINANCIAL INSTITUTIONS- In the case of a foreign financial institution which elects the application of this paragraph--CommentsClose CommentsPermalink





‘(A) subparagraphs (C) and (D) of paragraph (1) shall not apply, andCommentsClose CommentsPermalink





‘(B) the agreement described in subsection (b) shall require such foreign financial institution to report such information with respect to each United States account maintained by such institution as such institution would be afforded under the Equal Credit Opportunity Act, including--

(A) actual damages;

(B) the costs of the action, together with a reasonable attorney’s fee; and

(C) debt relief, including--

(i) write-downs or write-offs of the principal on a loan;

(ii) write-downs or write-offs of the interest on a loan;

(iii) reduction of the interest rate on a loan;

(iv) waiver or reduction of penalties with respect torequired to report under sections 6041, 6042, 6045, and 6049 if--CommentsClose CommentsPermalink




‘(i) such institution were a United States person, andCommentsClose CommentsPermalink





‘(ii) each holder of such account which is a specified United States person or United States owned foreign entity were a natural person and citizen of the United States.CommentsClose CommentsPermalink





An election under this paragraph shall be made at such time, in such manner, and subject to such conditions as the Secretary may provide.CommentsClose CommentsPermalink





‘(3) SEPARATE REQUIREMENTS FOR QUALIFIED INTERMEDIARIES- In the case of a foreign financial institution which is treated as a qualified intermediary by the Secretary for purposes of section 1441 and the regulations issued thereunder, the requirements of this section shall be in addition to any reporting or other requirements imposed by the Secretary for purposes of such treatment.CommentsClose CommentsPermalink





‘(d) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) UNITED STATES ACCOUNT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘United States account’ means any financial account which is held by one or more specified United States persons or United States owned foreign entities.CommentsClose CommentsPermalink





‘(B) EXCEPTION FOR CERTAIN ACCOUNTS HELD BY INDIVIDUALS- Unless the foreign financial institution elects to not have this subparagraph apply, such term shall not include any depository account maintained by such financial institution if--CommentsClose CommentsPermalink





‘(i) each holder of such account is a loan; or

(v) other modification of the terms of a loan.

(2) LIMITATIONS ON RELIEF-

(A) IN GENERAL- The total amount awarded under this section for all claims shall not exceed $100,000,000.

(B) ACTUAL DAMAGES, COSTS, AND ATTORNEY’S FEES- The sum of the total amount awarded under paragraph (1)(A) for all claims, plus the total amount awarded under paragraph (1)(B) for all claims, shall not exceed $40,000,000.

(C) DEBT RELIEF- The total amount awarded under paragraph (1)(C) for all claims shallnatural person, andCommentsClose CommentsPermalink




‘(ii) with respect to each holder of such account, the aggregate value of all depository accounts held (in whole or in part) by such holder and maintained by the same financial institution which maintains such account does not exceed $60,000,000.(3) EXEMPTION FROM TAXATION- 50,000.CommentsClose CommentsPermalink





To the extent provided by the Secretary, financial institutions which are members of the same expanded affiliated group shall be treated for purposes of clause (ii) as a single financial institution.CommentsClose CommentsPermalink





‘(C) ELIMINATION OF DUPLICATIVE REPORTING REQUIREMENTS- Such term shall not include any financial account in a foreign financial institution if--CommentsClose CommentsPermalink





‘(i) such account is held by another financial institution which meets the requirements of subsection (b), orCommentsClose CommentsPermalink





‘(ii) the holder of such account is otherwise subject to information reporting requirements which the Secretary determines would make the reporting required by this section with respect to United States accounts duplicative.CommentsClose CommentsPermalink





‘(2) FINANCIAL ACCOUNT- Except as otherwise provided by the Secretary, the term ‘financial account’ means, with respect to any financial institution--CommentsClose CommentsPermalink





‘(A) any depository account maintained by such financial institution,CommentsClose CommentsPermalink





‘(B) any custodial account maintained by such financial institution, andCommentsClose CommentsPermalink





‘(C) any equity or debt interest in such financial institution (other than interests which are regularly traded on an established securities market).CommentsClose CommentsPermalink





Any award under clauses (ii), (iii), or (iv) of subparagraph (C) of paragraph (1) shall not be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1986.

(i) Funding-

(1) There is hereby appropriated to the Secretary, for relief awarded under subsection (h)(1), $100,000,000, to remain available until expended.

(2) Of the funds derived from interest on the cushion of credit payments including funds in the current fiscal year, as authorized by section 313 of the Rural Electrification Act of 1936, an additional $100,000,000 shall not be obligated and an additional $100,000,000 are rescinded.

(j) Secretary- For purposes of this section, the term ‘Secretary’ means the Secretary of Agriculture.

CHAPTER 2--equity or debt interest which constitutes a financial account under subparagraph (C) with respect to any financial institution shall be treated for purposes of this section as maintained by such financial institution.CommentsClose CommentsPermalink




‘(3) UNITED STATES OWNED FOREIGN ENTITY- The term ‘United States owned foreign entity’ means any foreign entity which has one or more substantial United States owners.CommentsClose CommentsPermalink





‘(4) FOREIGN FINANCIAL SERVICES AND GENERAL GOVERNMENTSmall Business Administrationbusiness loans program account

For an additional amount for ‘Business Loans Program Account’ for fee reductions and eliminations under section 501 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and for the cost of guaranteed loans under section 502 of such division, $354,000,000: Provided, That such cost shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That authority to guarantee loans under section 502 of division A of the American Recovery and Reinvestment Act of 2009 shall remain in effect through September 30, 2010, notwithstanding subsection (f) of such section.

General Provision, This ChapterRESCISSIONS

Sec. 3201. The following funds are hereby rescinded from the following accounts and programs in the specified amounts:

(1) ‘National Telecommunications and Information Administration--Digital-to-Analog Converter Box Program’ in the Department of Commerce, $111,000,000.

(2) ‘Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)’ of the Department of Agriculture, $243,000,000, to be derived from unobligated balances available from amounts placed in reserve in title I of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115).

CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATIONGeneral Provisions, This ChapterASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES

Sec. 3301. (a)(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--

(A) by striking ‘December 31, 2009’ each place it appears and inserting ‘June 30, 2010’;

(B) in the heading for subsection (b)(2), by striking ‘DECEMBER 31, 2009’ and inserting ‘JUNE 30, 2010’; and

(C) in subsection (b)(3), by striking ‘May 31, 2010’ and inserting ‘November 30, 2010’.

(2) Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained inPublic Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended--

(A) in paragraph (1)(B), by striking ‘January 1, 2010’ and inserting ‘July 1, 2010’;

(B) in the heading for paragraph (2), by striking ‘JANUARY 1, 2010’ and inserting ‘JULY 1, 2010’; and

(C) in paragraph (3), by striking ‘June 30, 2010’ and inserting ‘December 31, 2010’.

(3) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained inPublic Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended--

(A) by striking ‘January 1, 2010’ each place it appears and inserting ‘July 1, 2010’; and

(B) in subsection (c), by striking ‘June 1, 2010’ and inserting ‘December 1, 2010’.

(4) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ‘May 30, 2010’ and inserting ‘November 30, 2010’.

(b) Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ‘by reason of’ and all that follows and inserting the following: ‘by reason of--

‘(A) the amendments made by section 2001(a) of the Assistance for Unemployed Workers and Struggling Families Act;

‘(B) the amendments made by sections 2 through 4 of the Worker, Homeownership, and Business Assistance Act of 2009; and

‘(C) the amendments made by section 3301(a)(1) of the Jobs for Main Street Act, 2010; and’.

EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS

Sec. 3302. (a) Extension of Eligibility Period- Subsection (a)(3)(A) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking ‘December 31, 2009’ and inserting ‘June 30, 2010’.

(b) Extension of Maximum Duration of Assistance- Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ‘9 months’ and inserting ‘15 months’.

(c) Rules Related to 2009 Extension- Subsection (a) of such section is further amended by adding at the end the following:

‘(16) RULES RELATED TO 2009 EXTENSIONINSTITUTION- The term ‘foreign financial institution’ means any financial institution which is a foreign entity. Except as otherwise provided by the Secretary, such term shall not include a financial institution which is organized under the laws of any possession of the United States.CommentsClose CommentsPermalink




‘(5) FINANCIAL INSTITUTION- Except as otherwise provided by the Secretary, the term ‘financial institution’ means any entity that--CommentsClose CommentsPermalink





‘(A) ELECTION TO PAY PREMIUMS RETROACTIVELY AND MAINTAIN COBRA COVERAGE- In the case of any premium for a period of coverage during an assistance eligible individual’s transition period, such individual shall be treated for purposes of any COBRA continuation provision as having timely paid the amount of such premium if--

‘(i) such individual was covered under the COBRA continuation coverage to which such premium relates for the period of coverage immediately preceding such transition period, and

‘(ii) such individual pays, not later than 60 days after the date of the enactment of this paragraph (or, if later, 30 days after the date of provision of the notification required under subparagraph (D)(ii)), the amount of such premium, after the application of paragraph (1)(A).

‘(B) REFUNDS AND CREDITS FOR RETROACTIVE PREMIUM ASSISTANCE ELIGIBILITY- In the case of an assistance eligible individual who pays, with respect to any period of COBRA continuation coverage during such individual’s transition period, the premium amount for such coverageaccepts deposits in the ordinary course of a banking or similar business,CommentsClose CommentsPermalink




‘(B) as a substantial portion of its business, holds financial assets for the account of others, orCommentsClose CommentsPermalink





‘(C) is engaged (or holding itself out as being engaged) primarily in the business of investing, reinvesting, or trading in securities (as defined in section 475(c)(2) without regard to paragraph (1)(A), rules similar to the rules of paragraph (12)(E) shall apply.

‘(C) TRANSITION PERIOD-

‘(i) IN GENERAL- For purposes of this paragraph, the term ‘transition period’ means, with respect to any assistance eligible individual, any period of coverage if--

‘(I) such period begins before the date of the enactment of this paragraph, and

‘(II) paragraph (1)(A) applies to such period by reason of the amendment made by section 3302(b) of the Jobs for Main Street Act, 2010.

‘(ii) CONSTRUCTION- Any period during the period described in subclauses (I) and (II) of clause (i) for which the applicable premium has been paid pursuant to subparagraph (A) shall be treated as a period of coverage referred to in such paragraph, irrespective of any failure to timely pay the applicable premium (other than pursuant to subparagraph (A)) for such period.

‘(D) NOTIFICATION-

‘(i) IN GENERAL- In the case of an individual who was an assistance eligible individual at any time on or after October 31, 2009, or experiences a qualifying event (consisting of a reduction of hours or termination of employment) relating to COBRA continuation coverage on or after such date, the administrator of the group health plan (or other entity) involved shall provide an additional notification with information regarding the amendments made by the Jobs for Main Street Act, 2010 within 60 days after the date of the enactment of such Act or, in the case of a qualifying event occurring after such datethe last sentence thereof), partnership interests, commodities (as defined in section 475(e)(2)), or any interest (including a futures or forward contract or option) in such securities, partnership interests, or commodities.CommentsClose CommentsPermalink




‘(6) RECALCITRANT ACCOUNT HOLDER- The term ‘recalcitrant account holder’ means any account holder which--CommentsClose CommentsPermalink





‘(A) fails to comply with reasonable requests for the information referred to in subsection (b)(1)(A) or (c)(1)(A), orCommentsClose CommentsPermalink





‘(B) fails to provide a waiver described in subsection (b)(1)(F) upon request.CommentsClose CommentsPermalink





‘(7) PASSTHRU PAYMENT- The term ‘passthru payment’ means any withholdable payment or other payment to the extent attributable to a withholdable payment.CommentsClose CommentsPermalink





‘(e) Affiliated Groups-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The requirements of enactment, consistent with the timing of notifications under paragraph (7)(A).‘(ii) TO INDIVIDUALS WHO LOST ASSISTANCE- In the case of an assistance eligible individual described in subparagraph (A)(i) who did not timely pay the premium for any period of coverage during such individual’s transition period or paid the premium for such periodsubsections (b) and (c)(1) shall apply--CommentsClose CommentsPermalink





‘(A) with respect to United States accounts maintained by the foreign financial institution, andCommentsClose CommentsPermalink





‘(B) except as otherwise provided by the Secretary, with respect to United States accounts maintained by each other foreign financial institution (other than any foreign financial institution which meets the requirements of subsection (b)) which is a member of the same expanded affiliated group as such foreign financial institution.CommentsClose CommentsPermalink





‘(2) EXPANDED AFFILIATED GROUP- For purposes of this section, the term ‘expanded affiliated group’ means an affiliated group as defined in section 1504(a), determined--CommentsClose CommentsPermalink





‘(A) by substituting ‘more than 50 percent’ for ‘at least 80 percent’ each place it appears, andCommentsClose CommentsPermalink





‘(B) without regard to paragraph (1)(A), the administrator of thes (2) and (3) of section 1504(b).CommentsClose CommentsPermalink





A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group health plan (or other entity) involved shall provide to such individual, within the first 60 days of such individual’s transition period, an additional notification with information regarding the amendments made by the Jobs for Main Street Act, 2010, including information on the ability under subparagraph (A) to make retroactive premium payments with respect to the transition period of the individual in order to maintain COBRA continuation coverage.

‘(iii) APPLICATION OF RULES- Rules similar to the rules of paragraph (7) shall apply with respect to notifications under this subparagraph.’.

(d) Clarifications Relating to Section 3001 of ARRA-

(1) CLARIFICATION THAT ELIGIBILITY AND NOTICE IS BASED ON TIMING OF QUALIFYING EVENT(including any entity treated as a member of such group by reason of this sentence).CommentsClose CommentsPermalink




‘(f) Exception for Certain Payments- Subsection (a) of such section is amended--

(A) in paragraph (3)(A)--

(i) by striking ‘at any time’ and inserting ‘such qualified beneficiary is eligible for COBRA continuation coverage related to a qualifying event occurring’; and

(ii) by striking ‘, such qualified beneficiary is eligible for COBRA continuation coverage’; and

(B) in paragraph (7)(A), by striking ‘become entitled to elect COBRA continuation coverage’ and inserting ‘have a qualifying event relating to COBRA continuation coverage’.

(2) CLARIFICATION REGARDING RETIREE COVERAGE- Subsection (a)(2)(A)(i) of such section is amended by inserting ‘coverage under a retiree health plan,’ after ‘other than’.

(3) CLARIFICATION REGARDING COBRA CONTINUATION RESULTING FROM REDUCTIONS IN HOURSshall not apply to any payment to the extent that the beneficial owner of such payment is--CommentsClose CommentsPermalink




‘(1) any foreign government, any political subdivision of a foreign government, or any wholly owned agency or instrumentality of any one or more of the foregoing,CommentsClose CommentsPermalink





‘(2) any international organization or any wholly owned agency or instrumentality thereof,CommentsClose CommentsPermalink





‘(3) any foreign central bank of issue, orCommentsClose CommentsPermalink





‘(4) any other class of persons identified by the Secretary for purposes of this subsection as posing a low risk of tax evasion.CommentsClose CommentsPermalink

‘SEC. 1472. WITHHOLDABLE PAYMENTS TO OTHER FOREIGN ENTITIES.CommentsClose CommentsPermalink

‘(a) In General- In the case of any withholdable payment to a non-financial foreign entity, if--CommentsClose CommentsPermalink





‘(1) the beneficial owner of such payment is such entity or any other non-financial foreign entity, andCommentsClose CommentsPermalink





‘(2) the requirements of subsection (b) are not met with respect to such beneficial owner,CommentsClose CommentsPermalink





then the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.CommentsClose CommentsPermalink





‘(b) Requirements for Waiver of Withholding- The requirements of this subsection are met with respect to the beneficial owner of a payment if--CommentsClose CommentsPermalink





‘(1) such beneficial owner or the payee provides the withholding agent with either--CommentsClose CommentsPermalink





‘(A) a certification that such beneficial owner does not have any substantial United States owners, orCommentsClose CommentsPermalink





‘(B) the name, address, and TIN of each substantial United States owner of such beneficial owner,CommentsClose CommentsPermalink





‘(2) the withholding agent does not know, or have reason to know, that any information provided under paragraph (1) is incorrect, andCommentsClose CommentsPermalink





‘(3) the withholding agent reports the information provided under paragraph (1)(B) to the Secretary in such manner as the Secretary may provide.CommentsClose CommentsPermalink





‘(c) Exceptions- Subsection (a) of such section is further amended--

(A) in paragraph (3)(C), by inserting before the period at the end the following: ‘or consists of a reduction of hours followed by such an involuntary termination of employment during such period’; and

(B) by adding at the end the following:

‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS LOSING COVERAGE BECAUSE OF A REDUCTION OF HOURS-

‘(A) NEW ELECTION PERIOD-

‘(i) IN GENERAL- For the purposes of the COBRA continuation provisions, in the case of an individual described in subparagraph (C) who did not make (or who made and discontinued) an election of COBRA continuation coverage on the basis of the reduction of hours of employment, the involuntary termination of employment of such individual after the date of the enactment of the Jobs for Main Street Act, 2010, shall be treated as a qualifying event.

‘(ii) COUNTING COBRA DURATION PERIOD FROM PREVIOUS QUALIFYING EVENT- In any case of an individual referred to in clause (i), the period of such individual’s continuation coverage shall be determinedshall not apply to--CommentsClose CommentsPermalink




‘(1) except as otherwise provided by the Secretary, any payment beneficially owned by--CommentsClose CommentsPermalink





‘(A) any corporation the stock of which is regularly traded on an established securities market,CommentsClose CommentsPermalink





‘(B) any corporation which is a member of the same expanded affiliated group (as defined in section 1471(e)(2) without regard to the last sentence thereof) as a corporation described in subparagraph (A),CommentsClose CommentsPermalink





‘(C) any entity which is organized under the laws of a possession of the United States and which is wholly owned by one or more bona fide residents (as defined in section 937(a)) of such possession,CommentsClose CommentsPermalink





‘(D) any foreign government, any political subdivision of a foreign government, or any wholly owned agency or instrumentality of any one or more of the foregoing,CommentsClose CommentsPermalink





‘(E) any international organization or any wholly owned agency or instrumentality thereof,CommentsClose CommentsPermalink





‘(F) any foreign central bank of issue, orCommentsClose CommentsPermalink





‘(G) any other class of persons identified by the Secretary for purposes of this subsection, andCommentsClose CommentsPermalink





‘(2) any class of payments identified by the Secretary for purposes of this subsection as though the qualifying event were the reduction of hours of employment.‘(iii) CONSTRUCTION- Nothing in this paragraphposing a low risk of tax evasion.CommentsClose CommentsPermalink





‘(d) Non-Financial Foreign Entity- For purposes of this section, the term ‘non-financial foreign entity’ means any foreign entity which is not a financial institution (as defined in section 1471(d)(5)).CommentsClose CommentsPermalink

‘SEC. 1473. DEFINITIONS.CommentsClose CommentsPermalink

‘For purposes of this chapter--CommentsClose CommentsPermalink





‘(1) WITHHOLDABLE PAYMENT- Except as otherwise provided by the Secretary--CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘withholdable payment’ means--CommentsClose CommentsPermalink





‘(i) any payment of interest (including any original issue discount), dividends, rents, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, and other fixed or determinable annual or periodical gains, profits, and income, if such payment is from sources within the United States, andCommentsClose CommentsPermalink





‘(ii) any gross proceeds from the sale or other disposition of any property of a type which can produce interest or dividends from sources within the United States.CommentsClose CommentsPermalink





‘(B) EXCEPTION FOR INCOME CONNECTED WITH UNITED STATES BUSINESS- Such term shall not include any item of income which is taken into account under section 871(b)(1) or 882(a)(1) for the taxable year.CommentsClose CommentsPermalink





‘(C) SPECIAL RULE FOR SOURCING INTEREST PAID BY FOREIGN BRANCHES OF DOMESTIC FINANCIAL INSTITUTIONS- Subparagraph (B) of section 861(a)(1) shall not apply.CommentsClose CommentsPermalink





‘(2) SUBSTANTIAL UNITED STATES OWNER-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘substantial United States owner’ means--CommentsClose CommentsPermalink





‘(i) with respect to any corporation, any specified United States person which owns, directly or indirectly, more than 10 percent of the stock of such corporation (by vote or value),CommentsClose CommentsPermalink





‘(ii) with respect to any partnership, any specified United States person which owns, directly or indirectly, more than 10 percent of the profits interests or capital interests in such partnership, andCommentsClose CommentsPermalink





‘(iii) in the case of a trust--CommentsClose CommentsPermalink





‘(I) any specified United States person treated as an owner of any portion of such trust under subpart E of part I of subchapter J of chapter 1, andCommentsClose CommentsPermalink





‘(II) to the extent provided by the Secretary in regulations or other guidance, any specified United States person which holds, directly or indirectly, more than 10 percent of the beneficial interests of such trust.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE FOR INVESTMENT VEHICLES- In the case of any financial institution described in section 1471(d)(5)(C), clauses (i), (ii), and (iii) of subparagraph (A) shall be construed as requiring an individual referred to in clause (i) to make a payment for COBRA continuation coverage between the reduction of hours and the involuntary termination of employment.‘(iv) PREEXISTING CONDITIONS- With respect to an individual referred to in clause (i) who elects COBRA continuation coverage pursuant to such clause, rules similar to the rules in paragraph (4)(C) shall applyapplied by substituting ‘0 percent’ for ‘10 percent’.CommentsClose CommentsPermalink





‘(3) SPECIFIED UNITED STATES PERSON- Except as otherwise provided by the Secretary, the term ‘specified United States person’ means any United States person other than--CommentsClose CommentsPermalink





‘(A) any corporation the stock of which is regularly traded on an established securities market,CommentsClose CommentsPermalink





‘(B) any corporation which is a member of the same expanded affiliated group (as defined in section 1471(e)(2) without regard to the last sentence thereof) as a corporation the stock of which is regularly traded on an established securities market,CommentsClose CommentsPermalink





‘(C) any organization exempt from taxation under section 501(a) or an individual retirement plan,CommentsClose CommentsPermalink





‘(D) the United States or any wholly owned agency or instrumentality thereof,CommentsClose CommentsPermalink





‘(E) any State, the District of Columbia, any possession of the United States, any political subdivision of any of the foregoing, or any wholly owned agency or instrumentality of any one or more of the foregoing,CommentsClose CommentsPermalink





‘(F) any bank (as defined in section 581),CommentsClose CommentsPermalink





‘(G) any real estate investment trust (as defined in section 856),CommentsClose CommentsPermalink





‘(H) any regulated investment company (as defined in section 851),CommentsClose CommentsPermalink





‘(I) any common trust fund (as defined in section 584(a)), andCommentsClose CommentsPermalink





‘(J) any trust which--CommentsClose CommentsPermalink





‘(i) is exempt from tax under section 664(c), orCommentsClose CommentsPermalink





‘(ii) is described in section 4947(a)(1).CommentsClose CommentsPermalink





‘(4) WITHHOLDING AGENT- The term ‘withholding agent’ means all persons, in whatever capacity acting, having the control, receipt, custody, disposal, or payment of any withholdable payment.CommentsClose CommentsPermalink





‘(5) FOREIGN ENTITY- The term ‘foreign entity’ means any entity which is not a United States person.CommentsClose CommentsPermalink

‘SEC. 1474. SPECIAL RULES.CommentsClose CommentsPermalink

‘(a) Liability for Withheld Tax- Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter.CommentsClose CommentsPermalink





‘(b) Credits and Refunds-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), the determination of whether any tax deducted and withheld under this chapter results in an overpayment by the beneficial owner of the payment to which such tax is attributable shall be made as if such tax had been deducted and withheld under subchapter A of chapter 3.CommentsClose CommentsPermalink





‘(2) SPECIAL RULE WHERE FOREIGN FINANCIAL INSTITUTION IS BENEFICIAL OWNER OF PAYMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of any tax properly deducted and withheld under section 1471 from a specified financial institution payment--CommentsClose CommentsPermalink





‘(i) if the foreign financial institution referred to in subparagraph (B) with respect to such payment is entitled to a reduced rate of tax with respect to such payment by reason of any treaty obligation of the United States--CommentsClose CommentsPermalink





‘(I) the amount of any credit or refund with respect to such tax shall not exceed the amount of credit or refund attributable to such reduction in rate, andCommentsClose CommentsPermalink





‘(II) no interest shall be allowed or paid with respect to such credit or refund, andCommentsClose CommentsPermalink





‘(ii) if such foreign financial institution is not so entitled, no credit or refund shall be allowed or paid with respect to such tax.CommentsClose CommentsPermalink





‘(B) NOTICES- In the case of an individual described in subparagraph (C), the administrator of the group health plan (or other entity) involved shall provide, during the 60-day period beginning on the date of such individual’s termination of employment, an additional notification described in paragraph (7)(A), including information on the provisions of this paragraph. RSPECIFIED FINANCIAL INSTITUTION PAYMENT- The term ‘specified financial institution payment’ means any payment if the beneficial owner of such payment is a foreign financial institution.CommentsClose CommentsPermalink





‘(3) REQUIREMENT TO IDENTIFY SUBSTANTIAL UNITED STATES OWNERS- No credit or refund shall be allowed or paid with respect to any tax properly deducted and withheld under this chapter unless the beneficial owner of the payment provides the Secretary such information as the Secretary may require to determine whether such beneficial owner is a United States owned foreign entity (as defined in section 1471(d)(3)) and the identity of any substantial United States owners of such entity.CommentsClose CommentsPermalink





‘(c) Confidentiality of Information-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of this chapter, rules similar to the rules of paragraph (7) shall apply with respect to such notification.‘(C) INDIVIDUALS DESCRIBED- Individuals described in this subparagraph are individuals who are assistance eligible individuals on the basis of a qualifying event consisting of a reduction of hours occurring during the period described in paragraph (3)(A) followed by an involuntary termination of employment insofar as such termination of employment occurred after the date of the enactment of the Jobs for Main Street Act, 2010section 3406(f) shall apply.CommentsClose CommentsPermalink





‘(2) DISCLOSURE OF LIST OF PARTICIPATING FOREIGN FINANCIAL INSTITUTIONS PERMITTED- The identity of a foreign financial institution which meets the requirements of section 1471(b) shall not be treated as return information for purposes of section 6103.CommentsClose CommentsPermalink





‘(d) Coordination With Other Withholding Provisions- The Secretary shall provide for the coordination of this chapter with other withholding provisions under this title, including providing for the proper crediting of amounts deducted and withheld under this chapter against amounts required to be deducted and withheld under such other provisions.CommentsClose CommentsPermalink





‘(e) Treatment of Withholding Under Agreements- Any tax deducted and withheld pursuant to an agreement described in section 1471(b) shall be treated for purposes of this title as a tax deducted and withheld by a withholding agent under section 1471(a).CommentsClose CommentsPermalink





‘(f) Regulations- The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of, and prevent the avoidance of, this chapter.’.CommentsClose CommentsPermalink





(4) CLARIFICATION OF PERIOD OF ASSISTANCE- Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ‘of the first month’.

(5) ENFORCEMENT- Subsection (a)(5) of such section is amended by adding at the end the following: ‘In addition to civil actions that may be brought to enforce applicable provisions of such Act or other laws, the appropriate Secretary or an affected individual may bring a civil action to enforce such determinations and for appropriate relief. In addition, such Secretary may assess a penalty against a plan sponsor or health insurance issuer of not more than $110 per day for each failure to comply with such determination of such Secretary after 10 days after the date of the plan sponsor’s or issuer’s receipt of the determination.’.

(6) AMENDMENTS RELATING TO SECTION 3001 OF ARRA-

(A)b) Special Rule for Interest on Overpayments- Subsection (g) of section 35 of the Internal Revenue Code of 1986 is amended by striking ‘section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009’ and inserting ‘section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009’.

(B) Section 139C of such Code is amended by striking ‘section 3002 of the Health Insurance Assistance for the Unemployed Act of 2009’ and inserting ‘section 3001 of title III of division B of the American Recovery and Reinvestment Act of 2009’.

(C) Section 6432 of such Code is amended--

(i) in subsection (a), by striking ‘section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009’ and inserting ‘section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009’;

(ii) in subsection (c)(3), by striking ‘section 3002(a)(1)(A) of such Act’ in subsection (c)(3) and inserting ‘section 3001(a)(1)(A) of title III of division B of the American Recovery and Reinvestment Act of 2009’; and

(iii) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and inserting after subsection (d) the following e) of section 6611 is amended by adding at the end the following new subsection:.

‘(e) Employer Determination of Qualifying Event as Involuntary Termination- For purposes of this section, in any case in which--

‘(1) based on a reasonable interpretation of section 3001(a)(3)(C) of division B of the American Recovery and Reinvestment Act of 2009 and administrative guidance thereunder, an employer determines that the qualifying event with respect to COBRA continuation coverage for an individual was involuntary termination of a covered employee’s employment, and

‘(2) the employer maintains supporting documentation of the determination, including an attestation by the employer of involuntary termination with respect to the covered employee,

the qualifying event for the individual shall be deemed to be involuntary termination of the covered employee’s employmentparagraph:CommentsClose CommentsPermalink




‘(4) CERTAIN WITHHOLDING TAXES- In the case of any overpayment resulting from tax deducted and withheld under chapter 3 or 4, paragraphs (1), (2), and (3) shall be applied by substituting ‘180 days’ for ‘45 days’ each place it appears.’.CommentsClose CommentsPermalink





(D) Subsection (ac) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 6414 is amended by inserting ‘or 4’ after ‘chapter 3’.CommentsClose CommentsPermalink





(2) Paragraph (1) of section 6720C of such Code is amended by striking ‘section 3002(a)(2)(C) of the Health Insurance Assistance for the Unemployed Act of 2009’ and inserting ‘section 3001(a)(2)(C) of title III of division B of the American Recovery and Reinvestment Act of 2009’.(e) Effective Date- The amendments made by this section shall take effect as if included in the provisions501(b) is amended by inserting ‘4,’ after ‘chapter 3,’.CommentsClose CommentsPermalink





(3) Paragraph (2) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 to which they relate, except that--

(1) the amendments made by subsections (d)(2) and (d)(3) shall apply to periods of coverage beginning after the date of the enactment of this Act; and

(2) the amendment made by subsection (d)(5) shall take effect on the date of the enactment of this Act.

EXTENSION OF RECOVERY ACT INCREASE IN FMAP

Sec. 3303. Section 5001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended--

(1) in subsection (a)(3), by striking ‘first calendar quarter’ and inserting ‘first 3 calendar quarters’;

(2) in subsection (b)(2), by inserting before the period at the end the following: ‘and such paragraph shall not apply to calendar quarters beginning on or after October 1, 2010’;

(3) in subsection (c)(4)(C)(ii), by striking ‘December 2009’ and ‘January 2010’ and inserting ‘June 2010’ and ‘July 2010’, respectively;

(4) in subsection (d), by inserting ‘ending before October 1, 2010’ after ‘entire fiscal years’ and after ‘with respect to fiscal years’;

(5) in subsection (g)(1), by striking ‘September 30, 2011’ and inserting ‘March 31, 2012’; and

(6) in subsection (h)(3), by striking ‘December 31, 2010’ and inserting ‘June 30, 2011’.

REPEAL OF EARNED INCOME THRESHOLD FOR DETERMINING REFUNDABLE PORTION OF CHIL6501(b) is amended--CommentsClose CommentsPermalink




(A) by inserting ‘4,’ after ‘chapter 3,’ in the text thereof, andCommentsClose CommentsPermalink





(B) by striking ‘TAXES AND TAX CREDITSec. 3304. (a) In General- Clause (iIMPOSED BY CHAPTER 3’ in the heading thereof and inserting ‘AND WITHHOLDING TAXES’.CommentsClose CommentsPermalink





(4) Paragraph (3) of section 6513(b) is amended--CommentsClose CommentsPermalink





(A) by inserting ‘or 4’ after ‘chapter 3’, andCommentsClose CommentsPermalink





(B) by inserting ‘or 1474(b)’ after ‘section 1462’.CommentsClose CommentsPermalink





(5) Subsection (c) of section 24(d)(1)(B)6513 is amended by inserting ‘4,’ after ‘chapter 3,’.CommentsClose CommentsPermalink





(6) Paragraph (1) of section 6724(d) is amended by inserting ‘under chapter 4 or’ after ‘filed with the Secretary’ in the last sentence thereof.CommentsClose CommentsPermalink





(7) Paragraph (2) of section 6724(d) is amended by inserting ‘or 4’ after ‘chapter 3’.CommentsClose CommentsPermalink





(8) The table of chapters of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:CommentsClose CommentsPermalink

(a) Repeal of Exception to Denial of Deduction for Interest on Non-Registered Bonds-CommentsClose CommentsPermalink





(1) IN GENERAL- Paragraph (2) of section 163(f) is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B).CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Paragraph (2) of section 149(a) is amended by inserting ‘or’ at the end of subparagraph (A), by striking ‘, or’ at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C).CommentsClose CommentsPermalink





(B) Subparagraph (A) of section 163(f)(2) is amended by inserting ‘or’ at the end of clause (ii), by striking ‘, or’ at the end of clause (iii) and inserting a period, and by striking clause (iv).CommentsClose CommentsPermalink





(C) Subparagraph (B) of section 163(f)(2), as redesignated by paragraph (1), is amended--CommentsClose CommentsPermalink





(i) by striking ‘, and subparagraph (B),’ in the matter preceding clause (i), andCommentsClose CommentsPermalink





(ii) by amending clause (i) to read as follows:CommentsClose CommentsPermalink





‘(i) 15 percent of the taxpayer’s earned income (within the meaning of section 32) which is taken into account in computing taxable income, orsuch obligation is of a type which the Secretary has determined by regulations to be used frequently in avoiding Federal taxes, and’.CommentsClose CommentsPermalink





(D) Sections 165(j)(2)(A) and 1287(b)(1) are each amended by striking ‘except that clause (iv) of subparagraph (A), and subparagraph (B), of such section shall not apply’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Subsection (dRepeal of Treatment as Portfolio Debt-CommentsClose CommentsPermalink





(1) IN GENERAL- Paragraph (2) of section 24 of such Code is amended--(1) by striking paragraph871(h) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) PORTFOLIO INTEREST- For purposes of this subsection, the term ‘portfolio interest’ means any interest (including original issue discount) which--CommentsClose CommentsPermalink





‘(A) would be subject to tax under subsection (a) but for this subsection, andCommentsClose CommentsPermalink





‘(B) is paid on an obligation--CommentsClose CommentsPermalink





‘(i) which is in registered form, andCommentsClose CommentsPermalink





‘(ii) with respect to which--CommentsClose CommentsPermalink





‘(I) the United States person who would otherwise be required to deduct and withhold tax from such interest under section 1441(a) receives a statement (which meets the requirements of paragraph (5)) that the beneficial owner of the obligation is not a United States person, orCommentsClose CommentsPermalink





‘(II) the Secretary has determined that such a statement is not required in order to carry out the purposes of this subsection.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 871(h)(3)(A) is amended by striking ‘subparagraph (A) or (B) of’.CommentsClose CommentsPermalink





(B) Paragraph (2) of section 881(c) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) PORTFOLIO INTEREST- For purposes of this subsection, the term ‘portfolio interest’ means any interest (including original issue discount) which--CommentsClose CommentsPermalink





‘(A) would be subject to tax under subsection (a) but for this subsection, andCommentsClose CommentsPermalink





‘(B) is paid on an obligation--CommentsClose CommentsPermalink





‘(i) which is in registered form, andCommentsClose CommentsPermalink





‘(ii) with respect to which--CommentsClose CommentsPermalink





‘(I) the person who would otherwise be required to deduct and withhold tax from such interest under section 1442(a) receives a statement which meets the requirements of section 871(h)(5) that the beneficial owner of the obligation is not a United States person, orCommentsClose CommentsPermalink





‘(II) the Secretary has determined that such a statement is not required in order to carry out the purposes of this subsection.’.CommentsClose CommentsPermalink





(c) Dematerialized Book Entry Systems Treated as Registered Form- Paragraph (3) of section 163(f) is amended by inserting ‘, except that a dematerialized book entry system or other book entry system specified by the Secretary shall be treated as a book entry system described in such section’ before the period at the end.CommentsClose CommentsPermalink





(d) Repeal of Exception to Requirement That Treasury Obligations Be in Registered Form-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (g) of section 3121 of title 31, United States Code, is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), and

(2) by striking paragraph (4).

(c)respectively.CommentsClose CommentsPermalink




(2) CONFORMING AMENDMENTS- Paragraph (1) of section 3121(g) of such title is amended--CommentsClose CommentsPermalink





(A) by adding ‘or’ at the end of subparagraph (A),CommentsClose CommentsPermalink





(B) by striking ‘; or’ at the end of subparagraph (B) and inserting a period, andCommentsClose CommentsPermalink





(C) by striking subparagraph (C).CommentsClose CommentsPermalink





(e) Preservation of Exception for Excise Tax Purposes- Paragraph (1) of section 4701(b) is amended to read as follows:CommentsClose CommentsPermalink





‘(1) REGISTRATION-REQUIRED OBLIGATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘registration-required obligation’ has the same meaning as when used in section 163(f), except that such term shall not include any obligation which--CommentsClose CommentsPermalink





‘(i) is required to be registered under section 149(a), orCommentsClose CommentsPermalink





‘(ii) is described in subparagraph (B).CommentsClose CommentsPermalink





‘(B) CERTAIN OBLIGATIONS NOT INCLUDED- An obligation is described in this subparagraph if--CommentsClose CommentsPermalink





‘(i) there are arrangements reasonably designed to ensure that such obligation will be sold (or resold in connection with the original issue) only to a person who is not a United States person,CommentsClose CommentsPermalink





‘(ii) interest on such obligation is payable only outside the United States and its possessions, andCommentsClose CommentsPermalink





‘(iii) on the face of such obligation there is a statement that any United States person who holds such obligation will be subject to limitations under the United States income tax laws.’.CommentsClose CommentsPermalink





(f) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

(d) Application of EGTRRA Sunset- The amendments made by subsection (a) and (b)(1) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.

HHS POVERTY GUIDELINES

Sec. 3305. Notwithstanding section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) or any other provision of law, the poverty line for 2010 issued by the Secretary of Health and Human Services under such section 673(2) shall be not lower than the poverty line so issued on January 23, 2009 (74 Fed. Reg. 14). This section shall have no effect on such Secretary’s revision of the poverty line for 2011.

REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMSSec. 3306. (a) In General- Subchapter A of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the endobligations issued after the date which is 2 years after the date of the enactment of this Act.CommentsClose CommentsPermalink

(a) In General- Subpart A of part III of subchapter A of chapter 61 is amended by inserting after section 6038C the following new section:CommentsClose CommentsPermalink

‘SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.‘(a) In General- Notwithstanding any other provision of law, any refun038D. INFORMATION WITH RESPECT TO FOREIGN FINANCIAL ASSETS.CommentsClose CommentsPermalink

‘(a) In General- Any individual who, during any taxable year, holds any interest in a specified foreign financial asset shall attach to such person’s return of tax imposed by subtitle A for such taxable year the information described in subsection (c) with respect to each such asset if the aggregate value of all such assets exceeds $50,000 (or such higher dollar amount as the Secretary may prescribe).CommentsClose CommentsPermalink





‘(b) Specified Foreign Financial Assets- For purposes of this section, the term ‘specified foreign financial asset’ means--CommentsClose CommentsPermalink





‘(1) any financial account (as defined in section 1471(d)(2)) maintained by a foreign financial institution (as defined in section 1471(d)(4)), andCommentsClose CommentsPermalink





‘(2) any of the following assets which are not held in an account maintained by a financial institution (as defined in section 1471(d)(5))--CommentsClose CommentsPermalink





‘(A) any stock or security issued by a person other than a United States person,CommentsClose CommentsPermalink





‘(B) any financial instrument or contract held for investment that has an issuer or counterparty which is other than a United States person, andCommentsClose CommentsPermalink





‘(C) any interest in a foreign entity (as defined in section 1473).CommentsClose CommentsPermalink





‘(c) Required Information- The information described in this subsection with respect to any asset is:CommentsClose CommentsPermalink





‘(1) In the case of any account, the name and address of the financial institution in which such account is maintained and the number of such account.CommentsClose CommentsPermalink





‘(2) In the case of any stock or security, the name and address of the issuer and such information as is necessary to identify the class or issue of which such stock or security is a part.CommentsClose CommentsPermalink





‘(3) In the case of any other instrument, contract, or interest--CommentsClose CommentsPermalink





‘(A) such information as is necessary to identify such instrument, contract, or interest, andCommentsClose CommentsPermalink





‘(B) the names and addresses of all issuers and counterparties with respect to such instrument, contract, or interest.CommentsClose CommentsPermalink





‘(4) The maximum value of the asset during the taxable year.CommentsClose CommentsPermalink





‘(d) Penalty for Failure To Disclose-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If any individual fails to furnish the information described in subsection (c) with respect to any taxable year at the time and in the manner described in subsection (a), such person shall pay a penalty of $10,000.CommentsClose CommentsPermalink





‘(2) INCREASE IN PENALTY WHERE FAILURE CONTINUES AFTER NOTIFICATION- If any failure described in paragraph (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the individual, such individual shall pay a penalty (in addition to the penalties under paragraph (1)) of $10,000 for each 30-day period (or advance payment with respect to a refundable credit) made to any individual under this title shall not be taken into account as income, and shall not be taken into account as resources for the month of receipt and the following 11 months, for purposes of determining the eligibility of such individualfraction thereof) during which such failure continues after the expiration of such 90-day period. The penalty imposed under this paragraph with respect to any failure shall not exceed $50,000.CommentsClose CommentsPermalink





‘(e) Presumption That Value of Specified Foreign Financial Assets Exceeds Dollar Threshold- If--CommentsClose CommentsPermalink





‘(1) the Secretary determines that an individual has an interest in one or more specified foreign financial assets, andCommentsClose CommentsPermalink





‘(2) such individual does not provide sufficient information to demonstrate the aggregate value of such assets,CommentsClose CommentsPermalink





then the aggregate value of such assets shall be treated as being in excess of $50,000 (or such higher dollar amount as the Secretary prescribes for purposes of subsection (a)) for purposes of assessing the penalties imposed under this section.CommentsClose CommentsPermalink





‘(f) Application to Certain Entities- To the extent provided by the Secretary in regulations or other guidance, the provisions of this section shall apply to any domestic entity which is formed or availed of for purposes of holding, directly or indirectly, specified foreign financial assets, in the same manner as if such entity were an individual.CommentsClose CommentsPermalink





‘(g) Reasonable Cause Exception- No penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect. The fact that a foreign jurisdiction would impose a civil or criminal penalty on the taxpayer (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or under any State or local program financed in whole or in part with Federal funds.‘(b) Termination- Subsection (a) shall not apply to any amount received after December 31, 2010person) for disclosing the required information is not reasonable cause.CommentsClose CommentsPermalink





‘(h) Regulations- The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance which provide appropriate exceptions from the application of this section in the case of--CommentsClose CommentsPermalink





‘(1) classes of assets identified by the Secretary, including any assets with respect to which the Secretary determines that disclosure under this section would be duplicative of other disclosures,CommentsClose CommentsPermalink





‘(2) nonresident aliens, andCommentsClose CommentsPermalink





‘(3) bona fide residents of any possession of the United States.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for such subchapter is amended by adding at the endbpart A of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6038C the following new item:CommentsClose CommentsPermalink





‘Sec. 6409. Refunds disregarded in the administration of Federal programs and Federally assisted program038D. Information with respect to foreign financial assets.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendment made by this section shall apply to amounts received after December 31, 2009.PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO TITLE XVI AND TO QUALIFIED NON-ATTORNEY REPRESENTATIVES

Sec. 3307. (a) Permanent Extension of Attorney Fee Withholding Procedures to Title XVI-

(1) IN GENERAL- Section 302 of the Social Security Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is amended--

(A) in the section heading, by striking ‘temporary’; and

(B) in subsection (c), by striking ‘Effective Date- ’ and all that follows through ‘The amendments’ and inserting ‘Effective Date- The amendments’, and by striking paragraph (2).

(2) CLERICAL AMENDMENT- The item relating to section 302 in the table of contents in section 1(b) of such Act is amended by striking ‘Temporary extension’ and inserting ‘Extension’.

(b) Permanent Extension of Fee Withholding Procedures to Qualified Non-attorney Representatives-

(1) IN GENERAL- Section 206 of the Social Security Act (42 U.S.C. 406) is amended by adding at the end the following new subsection:

‘(e)(1) The Commissioner shall provide for the extension of the fee withholding procedures and assessment procedures that apply under the preceding provisions of this section to agents and other persons, other than attorneys, who represent claimants under this title before the Commissioners made by this section shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink

(a) In General- Section 6662, as amended by this Act, is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by inserting after paragraph (6) the following new paragraph:CommentsClose CommentsPermalink





‘(7) Any undisclosed foreign financial asset understatement.’, andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(j) Undisclosed Foreign Financial Asset Understatement-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of this section, the term ‘undisclosed foreign financial asset understatement’ means, for any taxable year, the portion of the understatement for such taxable year which is attributable to any transaction involving an undisclosed foreign financial asset.CommentsClose CommentsPermalink





‘(2) Fee-withholding procedures may be extended under paragraph (1) to any nonattorney representative only if such representative meets at least the following prerequisites:

‘(A) The representative has been awarded a bachelor’s degree from an accredited institution of higher education, or has been determined by the Commissioner to have equivalent qualifications derived from training and work experience.

‘(B) The representative has passed an examination, written and administered by the Commissioner, which tests knowledge of the relevant provisions of this Act and the most recent developments in agency and court decisions affecting this title and title XVI.

‘(C) The representative has secured professional liability insurance, or equivalent insurance, which the Commissioner has determined to be adequate to protect claimants in the event of malpractice by the representative.

‘(D) The representative has undergone a criminal background check to ensure the representative’s fitness to practice before the Commissioner.

‘(E) The representative demonstrates ongoing completion of qualified courses of continuing education, including education regarding ethics and professional conduct, which are designed to enhance professional knowledge in matters related to entitlement to, or eligibility for, benefits based on disability under this title and title XVI. Such continuing education, and the instructors providing such education, shall meet such standards as the Commissioner may prescribe.

‘(3)(A) The Commissioner may assess representatives reasonable fees to cover the cost to the Social Security Administration of administering the prerequisites described in paragraph (2).

‘(B) Fees collected under subparagraph (AUNDISCLOSED FOREIGN FINANCIAL ASSET- For purposes of this subsection, the term ‘undisclosed foreign financial asset’ means, with respect to any taxable year, any asset with respect to which information was required to be provided under section 6038, 6038B, 6038D, 6046A, or 6048 for such taxable year but was not provided by the taxpayer as required under the provisions of those sections.CommentsClose CommentsPermalink




‘(3) INCREASE IN PENALTY FOR UNDISCLOSED FOREIGN FINANCIAL ASSET UNDERSTATEMENTS- In the case of any portion of an underpayment which is attributable to any undisclosed foreign financial asset understatement, subsection (a) shall be credited to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or deposited as miscellaneous receipts in the general fund of the Treasury, based on such allocations as the Commissioner determines appropriate.

‘(C) The fees authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Amounts so appropriated are authorized to remain available until expended for administering the prerequisites described in paragraph (2).’.

(2) CONFORMING AMENDMENTS-

(A) Section 1631(d)(2)(A) of such Act (42 U.S.C. 1383(d)(2)(A)) is amended--

(i) in clause (iv), by striking ‘and’ at the end;

(ii) in clause (v), by striking the period at the end and inserting ‘; and’; and

(iii) by adding at the end the following new clause:

‘(vi) by substituting, in subsection (e)(1)--

‘(I) ‘subparagraphs (B) and (C) of section 1631(d)(2)’ for ‘the preceding provisions of this section’; and

‘(II) ‘title XVI’ for ‘this titleapplied with respect to such portion by substituting ‘40 percent’ for ‘20 percent’.’.CommentsClose CommentsPermalink




(B) Section 303(e)(2) of the Social Security Protection Act of 2004 (Public Law 108-203; 118 Stat. 523) is amended by striking ‘AND FINAL REPORT’ in the heading and by striking the last sentence.(3) EFFECTIVE DATE- The Commissioner of Social Security shall provide for full implementation of the provisionsb) Effective Date- The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink

(a) Extension of Statute of Limitations-CommentsClose CommentsPermalink





(1) IN GENERAL- Paragraph (1) of section 206(e) of the Social Security Act 6501(e) is amended by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively, and by inserting before subparagraph (B) (as added by paragraph (1)) and the amendments made by paragraph (2) not later than March 1, 2010.CHAPTER 4--GENERAL PROVISIONS, THIS TITLEEMERGENCY DESIGNATIONS

Sec. 3401. (a) In General- Each amount in this title is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

(b) PAYGO- All applicable provisions in this title are designated as an emergency for purposes of pay-as-you-go principles.

TITLE IV--GENERAL PROVISIONS, THIS ACTPERIOD OF AVAILABILITY

Sec. 4001. No part of any appropriation contained in this Act shall remain available for obligation beyond September 30, 2010, unless expressly so provided herein.

BUY AMERICA

Sec. 4002. All funds provided under this Act shall be subject to the requirements of section 1605 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).

This divison may be cited as the ‘Jobs for Main Street Act, 2010’.

DIVISION B--STATUTORY PAY-AS-YOU-GO ACT OF 2009

SEC. 101. SHORT TITLE.

This division may be cited as the ‘Statutory Pay-As-You-Go Act of 2009’.

SEC. 102. PURPOSE.The purpose of this division is to reestablish a statutory procedure to enforce a rule of budget neutrality on so redesignated) the following new revenue and direct spending legislation.SEC. 103. DEFINITIONS.

As used in this division--

(1) The term ‘BBEDCA’ means the Balanced Budget and Emergency Deficit Control Act of 1985.

(2) The definitions set forth in section 3 of the Congressional Budget and Impoundment Control Act of 1974 and in section 250 of BBEDCA shall apply to this division, except to the extent that they are specifically modified as follows:

(A) The term ‘outyear’ means a fiscal year that occurssubparagraph:CommentsClose CommentsPermalink




‘(A) GENERAL RULE- If the taxpayer omits from gross income an amount properly includible therein and--CommentsClose CommentsPermalink





‘(i) such amount is in excess of 25 percent of the amount of gross income stated in the return, orCommentsClose CommentsPermalink





‘(ii) such amount--CommentsClose CommentsPermalink





‘(I) is attributable to one or more years after the budget year.

(B) In section 250(c)(8)(C), the reference to the food stamp program shall be deemed to be a reference to the Supplemental Nutrition Assistance Program.

(3) The term ‘AMT’ means the Alternative Minimum Tax for individuals under sections 55-59 of the Internal Revenue Code of 1986, the term ‘EGTRRA’ means the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16), and the term ‘JGTRRA’ means the Jobs and Growth Tax Relief and Reconciliation Act of 2003 (Public Law 108-27).

(4)(A) The term ‘budgetary effects’ means the amounts by which PAYGO legislation changes direct spending or revenues relative to the baseline and shall be determined on the basis of estimates included by reference in the PAYGO Act or prepared under section 104(d)(3), as applicable. Budgetary effects that increase direct spending or decrease revenues are termed ‘costs’ and budgetary effects that increase revenues or decrease direct spending are termed ‘savings’.

(B) For purposes of these definitions, off-budget effects shall be counted as budgetary effects unless such changes flow directly from amendments to title II of the Social Security Act and related provisions of the Internal Revenue Code of 1986 and debt service effects shall notassets with respect to which information is required to be reported under section 6038D (or would be so required if such section were applied without regard to the dollar threshold specified in subsection (a) thereof and without regard to any exceptions provided pursuant to subsection (h)(1) thereof), andCommentsClose CommentsPermalink




‘(II) is in excess of $5,000,CommentsClose CommentsPermalink





the tax may be assessed, or a proceeding in court for collection of such tax may be counted as budgetary effects.

(C) Solely for purposes of recording entries on a PAYGO scorecard, provisions in appropriations Acts are also considered to be budgetary effects for purposes of this division if such provisions make outyear modifications to substantive law, except that provisions for which the outlay effects net to zero over a period consisting of the current year, the budget year, and the 4 subsequent years shall not be considered budgetary effects. For purposes of this paragraph, the term, ‘modifications to substantive law’ refers to changes to or restrictions on entitlement law or other mandatory spending contained in appropriations Acts, notwithstanding section 250(c)(8) of BBEDCA. Provisions in appropriations Acts that are neither outyear modifications to substantive law nor changes in revenues have no budgetary effects for purposes of this division.

(D) If a provision is designated as an emergency requirement under this division and is also designated as an emergency requirement under the applicable rules of the House of Representatives, CBO shall not include the cost of such a provisionbegun without assessment, at any time within 6 years after the return was filed.’.CommentsClose CommentsPermalink




(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Subparagraph (B) of section 6501(e)(1), as redesignated by paragraph (1), is amended by striking all that precedes clause (i) and inserting the following:CommentsClose CommentsPermalink





‘(B) DETERMINATION OF GROSS INCOME- For purposes of subparagraph (A)--’.CommentsClose CommentsPermalink





(B) Paragraph (2) of section 6229(c) is amended by striking ‘which is in excess of 25 percent of the amount of gross income stated in its estimate of the PAYGO legislation’s budgetary effects.

(5) The term ‘debit’ refers to the net total amount, when positive, by which costs recorded on the PAYGO scorecards for a fiscal year exceed savings recorded on those scorecards for that year.

(6) The term ‘entitlement law’ refers to a section of law which provides entitlement authority.

(7) The term ‘PAYGO legislation’ or a ‘PAYGO Act’ refers to a bill or joint resolution that affects direct spending or revenue relative to the baseline. The budgetary effects of changes in revenues and outyear modifications to substantive law included in appropriation Acts as defined in paragraph (4) shall be treated as if they were contained in PAYGO legislation.

(8) The term ‘timing shift’ refers to a delay of the date on which direct spending would otherwise occur from the ninth outyear to the tenth outyear or an acceleration of the date on which revenues would otherwise occur from the tenth outyear to the ninth outyearreturn’ and inserting ‘and such amount is described in clause (i) or (ii) of section 6501(e)(1)(A)’.CommentsClose CommentsPermalink




(b) Additional Reports Subject to Extended Period- Paragraph (8) of section 6501(c) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘pursuant to an election under section 1295(b) or’ before ‘under section 6038’,CommentsClose CommentsPermalink





(2) by inserting ‘1298(f),’ before ‘6038’, andCommentsClose CommentsPermalink





(3) by inserting ‘6038D,’ after ‘6038B,’.CommentsClose CommentsPermalink





(c) Clarifications Related to Failure To Disclose Foreign Transfers- Paragraph (8) of section 6501(c) is amended by striking ‘event’ and inserting ‘tax return, event,’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to--CommentsClose CommentsPermalink





(1) returns filed after the date of the enactment of this Act; andCommentsClose CommentsPermalink





(2) returns filed on or before such date if the period specified in section 6501 of the Internal Revenue Code of 1986 (determined without regard to such amendments) for assessment of such taxes has not expired as of such date.CommentsClose CommentsPermalink

(a) In General- Section 1298 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink





‘(f) Reporting Requirement- Except as otherwise provided by the Secretary, each United States person who is a shareholder of a passive foreign investment company shall file an annual report containing such information as the Secretary may require.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Subsection (e) of section 1291 is amended by striking ‘, (d), and (f)’ and inserting ‘and (d)’.CommentsClose CommentsPermalink





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

SEC. 104. PAYGO ESTIMATES AND PAYGO SCORECARDS.

(a) Paygo Estimates- (1) A PAYGO Act shall include by reference an estimate of its budgetary effects as determined under section 308(a)(3) of the Congressional Budget Act of 1974, if timely submitted for printing in the Congressional Record by the chairs of the Committees on the Budget of the House of Representatives and the Senate, as applicable, before the vote on the PAYGO legislation. The Clerk of the House or the Secretary of the Senate, as applicable, shall also incorporate by reference such estimate printed in the relevant portion of the Congressional Record under section 308(a)(3) of the Congressional Budget Act of 1974 into the enrollment of a PAYGO Act. Budgetary effects that are not so included shall be determined under section 104(d)(3).

(2)(A) Section 308(a) of the Congressional Budget Act of 1974522. SECRETARY PERMITTED TO REQUIRE FINANCIAL INSTITUTIONS TO FILE CERTAIN RETURNS RELATED TO WITHHOLDING ON FOREIGN TRANSFERS ELECTRONICALLY.CommentsClose CommentsPermalink

(a) In General- Subsection (e) of section 6011 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) CBO PAYGO ESTIMATES- Before a vote in either House on a PAYGO Act that, if determined in the affirmative, would clear such Act for enrollment, the chairs of the Committees on the Budget of the House and Senate, as applicable, shall request from the Director of the Congressional Budget Office an estimate of the budgetary effects of such Act under the Statutory Pay-As-You-Go Act of 2009. If such an estimate is timely provided, the chairs of the Committees on the Budget of the House of Representatives and the Senate shall post such estimate on their respective committee websites and cause it to be printed in the Congressional Record under the heading ‘PAYGO ESTIMATE’. For purposes of this section, the Director of the Congressional Budget Office shall not count timing shifts in his estimates of the budgetary effects of PAYGO legislation (as defined in section 103 of the Statutory Pay-As-You-Go Act of 20094) SPECIAL RULE FOR RETURNS FILED BY FINANCIAL INSTITUTIONS WITH RESPECT TO WITHHOLDING ON FOREIGN TRANSFERS- The numerical limitation under paragraph (2)(A) shall not apply to any return filed by a financial institution (as defined in section 1471(d)(5)) with respect to tax for which such institution is made liable under section 1461 or 1474(a).’.CommentsClose CommentsPermalink





(B) The side heading of section 308(a) of the Congressional Budget Act of 1974 is amended by striking ‘Reports on’.(b) Section 308 of the Congressional Budget Act of 1974 is amended by addingb) Conforming Amendment- Subsection (c) of section 6724 is amended by inserting ‘or with respect to a return described in section 6011(e)(4)’ before the end period.CommentsClose CommentsPermalink





(c) Effective Date- The amendment made by this section shall apply to returns the due date for which (determined without regard to extensions) is after the date of the enactment of this Act.CommentsClose CommentsPermalink

(a) In General- Paragraph (1) of section 679(c) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘For purposes of subparagraph (A), an amount shall be treated as accumulated for the benefit of a United States person even if the United States person’s interest in the trust is contingent on a future event.’.CommentsClose CommentsPermalink





(b) Clarification Regarding Discretion To Identify Beneficiaries- Subsection (c) of section 679 is amended by adding at the end the following new subsection:‘(d) Scorekeeping Guidelines- The Director of the Congressional Budget Office shall provide estimates under this section in accordance with the scorekeeping guidelines determined under section 252(d)(5) of the Balanced Budget and Emergency Deficit Control Act of 1985. Upon agreement, the chairs of the Committees on the Budget of the House of Representatives and the Senate shall submit updates to such guidelines for printing in the Congressional Recordparagraph:CommentsClose CommentsPermalink





‘(4) SPECIAL RULE IN CASE OF DISCRETION TO IDENTIFY BENEFICIARIES- For purposes of paragraph (1)(A), if any person has the discretion (by authority given in the trust agreement, by power of appointment, or otherwise) of making a distribution from the trust to, or for the benefit of, any person, such trust shall be treated as having a beneficiary who is a United States person unless--CommentsClose CommentsPermalink





‘(A) the terms of the trust specifically identify the class of persons to whom such distributions may be made, andCommentsClose CommentsPermalink





‘(B) none of those persons are United States persons during the taxable year.’.CommentsClose CommentsPermalink





(c) Current Policy Adjustments forlarification That Certain Legislation- For purposes of calculating budgetary effects under this division, CBO shall adjust its estimates as described below for any provision of legislation designated as meeting the criteria in subsection (b), (c), or (dAgreements and Understandings Are Terms of the Trust- Subsection (c) of section 107 and which the chairman of the Committee on the Budget of the House of Representatives or the Senate, as applicable, designates as meeting those criteria. A single piece of legislation may contain provisions designated as meeting criteria in more than one of the subsections listed above. For appropriately designated provisions, CBO shall exclude from its estimates for purposes of this division any costs of a provision to the extent that those costs, when combined with all other excluded costs of any other previously designated provisions of enacted legislation under the same subsection of section 107, do not exceed the maximum applicable current policy adjustment defined under the applicable subsection of section 107 for the applicable 10-year period, using the most recent baseline estimates supplied by the Congressional Budget Office consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 used in considering a concurrent resolution on the budget; or, after the beginning of a 679, as amended by subsection (b), is amended by adding at the end the following new calendar year and before consideration of a concurrent resolution on the budget, using the most recent baseline estimates supplied by the Congressional Budget Office consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. CBO estimates of legislation containing a current policy designation under this subsection shall include a separate presentation of costs excluded from the calculation of budgetary effects for the legislation, as well as an updated total of all excluded costs of provisions within the same subsection of section 107.

(d) OMB Paygo Scorecards-

(1) IN GENERAL- OMB shall maintain and make publicly available a continuously updated document containing two PAYGO scorecards displaying the budgetary effects of PAYGO legislation as determined under section 308 of the Congressional Budget Act of 1974, applying the look-back requirement in subsection (e) and the averaging requirement in subsection (f), and a separate addendum displaying the estimates of the costs of provisions designated in statute as emergency requirements.

(2) ESTIMATES IN LEGISLATION- Except as provided in paragraph (3), in making the calculations for the PAYGO scorecards, OMB shall use the budgetary effects included by reference in the applicable legislation.

(3) OMB ESTIMATES- If legislation does not contain the estimate of budgetary effects under paragraph (2), then OMB shall score the budgetary effects of that legislation upon its enactment, based on the approaches to scorekeeping set forth in this division.

(4) 5-year SCORECARD- The first scorecard shall display the budgetary effects of PAYGO legislation in each year over the 5-year period beginning in the budget year.

(5) 10-year SCORECARD- The second scorecard shall display the budgetary effects of PAYGO legislation in each year over the 10-year period beginning in the budget year.

(e) Look-back to Capture Current-year Effects- For purposes of this section, OMB shall treat the budgetary effects of PAYGO legislation enacted during a session of Congress that occur during the current year as though they occurred in the budget year.

(f) Averaging Used to Measure Compliance Over 5-year and 10-year Periods- OMB shall cumulate the budgetary effects of a PAYGO Act over the budget year (which includes any look-back effects under subsection (e)) and--

(1) for purposes of the 5-year scorecard referred to in subsection (d)(4), the four subsequent outyears, divide that cumulative total by five, and enter the quotient in the budget-year column and in each subsequent column of the 5-year PAYGO scorecard; and

(2) for purposes of the 10-year scorecard referred to in subsection (d)(5), the nine subsequent outyears, divide that cumulative total by ten, and enter the quotient in the budget-year column and in each subsequent column of the 10-year PAYGO scorecard.

SEC. 105. ANNUAL REPORT AND SEQUESTRATION ORDER.

(a) Annual Report- Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB shall make publicly available and cause to be printed in the Federal Register an annual PAYGO report. The report shall include an up-to-date document containing the PAYGO scorecards, a description of any current policy adjustments made under section 104(c), information about emergency legislation (if any) designated under section 103(4)(D), information about any sequestration if required by subsection (b), and other data and explanations that enhance public understanding of this division and actions taken under it.

(b) Sequestration Order- If the annual report issued at the end of a session of Congress under subsection (a) shows a debit on either PAYGO scorecard for the budget year, OMB shall prepare and the President shall issue and include in that report a sequestration order that, upon issuance, shall reduce budgetary resources of direct spending programs by enough to offset that debit as prescribed in section 106. If there is a debit on both scorecards, the order shall fully offset the larger of the two debits. OMB shall include that order in the annual report and transmit it to the House of Representatives and the Senate. If the President issues a sequestration order, the annual report shall contain, for each budget account to be sequestered, estimates of the baseline level of budgetary resources subject to sequestration, the amount of budgetary resources to be sequestered, and the outlay reductions that will occur in the budget year and the subsequent fiscal year because of that sequestrationparagraph:CommentsClose CommentsPermalink




‘(5) CERTAIN AGREEMENTS AND UNDERSTANDINGS TREATED AS TERMS OF THE TRUST- For purposes of paragraph (1)(A), if any United States person who directly or indirectly transfers property to the trust is directly or indirectly involved in any agreement or understanding (whether written, oral, or otherwise) that may result in the income or corpus of the trust being paid or accumulated to or for the benefit of a United States person, such agreement or understanding shall be treated as a term of the trust.’.CommentsClose CommentsPermalink

SEC. 106. CALCULATING A SEQUESTRATION.(a) Reducing Nonexempt Budgetary Resources by a Uniform Percentage- OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs532. PRESUMPTION THAT FOREIGN TRUST HAS UNITED STATES BENEFICIARY.CommentsClose CommentsPermalink

(a) In General- Section 679 is amended by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(d) Presumption That Foreign Trust Has United States Beneficiary- If a United States person directly or indirectly transfers property to a foreign trust (other than a trust described in section 256(d) of BBEDCA shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings.

(b) Outlay Savings- In determining the amount by which a sequestration offsets a budget-year debit, OMB shall count--

(1) the amount by which the sequestration in a crop year of crop support payments, pursuant to section 256(j)6048(a)(3)(B)(ii)), the Secretary may treat such trust as having a United States beneficiary for purposes of BBEDCA, reduces outlays in the budget year and the subsequent fiscal year;(2) the amount by which the sequestration of Medicare payments in the 12-month period following the sequestration order, pursuant to section 256(d)applying this section to such transfer unless such person--CommentsClose CommentsPermalink





‘(1) submits such information to the Secretary as the Secretary may require with respect to such transfer, andCommentsClose CommentsPermalink





‘(2) demonstrates to the satisfaction of the Secretary that such trust satisfies the requirements of BBEDCA, reduces outlays in the budget year and the subsequent fiscal year; and

(3) the amount by which the sequestration in the budget year of the budgetary resources of other nonexempt mandatory programs reduces outlays in the budget year and in the subsequent fiscal year.

SEC. 107. CURRENT POLICY ADJUSTMENT TO THE CBO ESTIMATES.(a) Purpose- The purpose of this section issubparagraphs (A) and (B) of subsection (c)(1).’.CommentsClose CommentsPermalink




(b) Effective Date- The amendments made by this section shall apply to provide for adjustments of estimates of budgetary effects of PAYGO legislation for legislation affecting four areas of the budget--transfers of property after the date of the enactment of this Act.CommentsClose CommentsPermalink

(a) In General- Paragraph (1)payments made under section 1848 of the Social Security Act (titled Payment for Physicians’ Services);

(2) the Estate and Gift Tax under subtitle B of the Internal Revenue Code of 1986;

(3) the AMT; and

(4) provisions of EGTRRA or JGTRRA that amended the Internal Revenue Code of 1986 (or provisions in later statutes further amending the amendments made by EGTRRA or JGTRRA), other than--

(A) the provisions of those two Acts that were made permanent by the Pension Protection Act of 2006 (Public Law 109-280);

(B) amendments to the estate and gift tax referred to in paragraph (2);

(C) the AMT referred to in paragraph (3);

(D) the 35 percent bracket and that portion of the 33 percent bracket that applies to taxable income greater than $200,000 for an individual and $250,000 for a couple; and

(E) provisions in those two Acts relating to taxes rates on capital gains and dividends of section 643(i) is amended--CommentsClose CommentsPermalink




(1) by striking ‘directly or indirectly to’ and inserting ‘(or permits the use of any other trust property) directly or indirectly to or by’, andCommentsClose CommentsPermalink





(2) by inserting ‘(or the fair market value of the use of such property)’ after ‘the amount of such loan’.CommentsClose CommentsPermalink





(b) Medicare Payments to Physicians-

(1) CRITERIA- Legislation that includes provisions amending or superseding the system of payments under section 1848 of the Social Security Act shall trigger the current policy adjustment required by this division.

(2) ADJUSTMENT- The amount ofException for Compensated Use- Paragraph (2) of section 643(i) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink




‘(E) EXCEPTION FOR COMPENSATED USE OF PROPERTY- In the case of the maximum current policy adjustment shall be the difference between--

(A) estimated net outlays attributable to the payments made to physicians under that section of the Social Security Act (as scheduled on July 15, 2009, to be in effect); and

(B) what those net outlays would have been if the nominal payment rates and related parameters in effect for 2009 had been in effect thereafter without changeuse of any trust property other than a loan of cash or marketable securities, paragraph (1) shall not apply to the extent that the trust is paid the fair market value of such use within a reasonable period of time of such use.’.CommentsClose CommentsPermalink




(c) Estate and Gift Tax-

(1) CRITERIA- Legislation that includes provisions amending the Estate and Gift Tax under subtitle B of the Internal Revenue Code of 1986 shall trigger the current policy adjustment required by this division.

(2) ADJUSTMENT- The amount of the maximum current policy adjustment shall be the difference between--

(A) total revenues projected to be collected under the Internal Revenue Code of 1986 (as scheduled on July 15, 2009, to be in effect); and

(B) what those revenue collections would have been if, on the date of enactment of the legislation meeting the criteria in paragraph (1), estate and gift tax law had instead been amended so that the tax rates, nominal exemption amounts, and related parameters in effect for tax year 2009 had remained in effect thereafter without changeApplication to Grantor Trusts- Subsection (c) of section 679, as amended by this Act, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink




‘(6) UNCOMPENSATED USE OF TRUST PROPERTY TREATED AS A PAYMENT- For purposes of this subsection, a loan of cash or marketable securities (or the use of any other trust property) directly or indirectly to or by any United States person (whether or not a beneficiary under the terms of the trust) shall be treated as paid or accumulated for the benefit of a United States person. The preceding sentence shall not apply to the extent that the United States person repays the loan at a market rate of interest (or pays the fair market value of the use of such property) within a reasonable period of time.’.CommentsClose CommentsPermalink





(d) Permanent Extension of Middle-Class Tax Cuts and AMT Relief-

(1) CRITERIA- Legislation that includes provisions extending middle-class tax cuts or AMT relief shall trigger the current policy adjustment required by this division if those provisions extend one or more of the following provisions--

(A) AMT relief for calendar year 2010 and subsequent years in such a manner that the number of AMT taxpayers is not estimated to exceed the number of AMT taxpayers in tax year 2008 in any year through the tenth year after enactment;

(B) the 10 percent bracket as in effect for tax year 2010, as provided for under section 101(a) of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

(C) the child tax credit as in effect for tax year 2010, as provided for under section 201 of the Economic Growth and Tax Relief Reconciliation Act and any later amendments through July 15, 2009;

(D) tax benefits for married couples as in effect for tax year 2010, as provided for under title III of the Economic Growth and Tax Relief Reconciliation Act and any later amendments through July 15, 2009;

(E) the adoption credit as in effect in tax year 2010, as provided for under section 202 of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

(F) the dependent care credit as in effect in tax year 2010, as provided for under section 204 of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

(G) the employer-provided child care credit as in effect in tax year 2010, as provided for under section 205 of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

(H) the education tax benefits as in effect in tax year 2010, as provided for under title IV of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009;

(I) the 25 and 28 percent brackets as in effect for tax year 2010, as provided for under section 101(a) of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendments through July 15, 2009; and

(J) the 33 percent brackets as in effect for tax year 2010, as provided for under section 101(a) of the Economic Growth and Tax Relief Reconciliation Act of 2001 and any later amendment affecting taxpayers with taxable income of $200,000 or less for individuals and $250,000 or less for couples in calendar year 2010 and increased in each subsequent year by an amount equal to the cost of living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2008’ for ‘calendar year 1992’ in subparagraph (B)Conforming Amendments- Paragraph (3) of section 643(i) is amended--CommentsClose CommentsPermalink




(1) by inserting ‘(or use of property)’ after ‘If any loan’,CommentsClose CommentsPermalink





(2) by inserting ‘or the return of such property’ before ‘shall be disregarded’, andCommentsClose CommentsPermalink





(3) by striking ‘REGARDING LOAN PRINCIPAL’ in the heading thereof.CommentsClose CommentsPermalink





(2) ADJUSTMENT- The amount of the maximum current policy adjustment shall be the difference between what total revenues would have been under the Internal Revenue Code of 1986 (as scheduled on July 15, 2009, to be in effect) and what revenues would be if legislation--

(A) permanently extending the AMT exemption and brackets in effect in tax year 2009 but increased in tax year 2010 and each subsequent tax year as indicated under subsection (d)(2)(B), along with any additional amount necessary to prevent the number of taxpayers who must pay AMT from increasing; and

(B) permanently extending the provisions identified in paragraph (1),

were enacted on the same day as the legislation referred to in paragraph (1)e) Effective Date- The amendments made by this section shall apply to loans made, and uses of property, after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 108. APPLICATION OF BBEDCA.

For purposes of this division--

(1) notwithstanding section 275 of BBEDCA, the provisions of sections 255, 256, 257, and 274 of BBEDCA, as amended by this division, shall apply to the provisions of this division;

(2) references in sections 255, 256, 257, and 274 to ‘this part’ or ‘this title’ shall be interpreted as applying to this division;

(3) references in sections 255, 256, 257, and 274 of BBEDCA to ‘section 254’ shall be interpreted as referencing section 105 of this division;

(4) the reference in section 256(b) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 105 of this division;

(5) the reference in section 256(d)(1) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 106 of this division;

(6) the reference in section 256(d)(4) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 105 of this division;

(7) section 256(k) of BBEDCA shall apply to a sequestration, if any, under this division; and

(8) references in section 257(e) of BBEDCA to ‘section 251, 252, or 253’ shall be interpreted as referencing section 104 of this division534. REPORTING REQUIREMENT OF UNITED STATES OWNERS OF FOREIGN TRUSTS.CommentsClose CommentsPermalink

(a) In General- Paragraph (1) of section 6048(b) is amended by inserting ‘shall submit such information as the Secretary may prescribe with respect to such trust for such year and’ before ‘shall be responsible to ensure’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 109. TECHNICAL CORRECTIONS.(a) Section 250(c)(18) of BBEDCA is amended by striking ‘the expenses the Federal deposit insurance agencies’ and535. MINIMUM PENALTY WITH RESPECT TO FAILURE TO REPORT ON CERTAIN FOREIGN TRUSTS.CommentsClose CommentsPermalink

(a) In General- Subsection (a) of section 6677 is amended--CommentsClose CommentsPermalink





(1) by inserting ‘the expenses of the Federal deposit insurance agencies’.

(b) Section 256(k)(1) of BBEDCA is amended by striking ‘in paragraph (5)’ and inserting ‘in paragraph (6)’.

SEC. 110. CONFORMING AMENDMENTS.

(a) Section 256(a) of BBEDCA is repealed.

(b) Section 256(b) of BBEDCA is amended by striking ‘origination fees under sections 438(c)(2) and 455(c) of that Act shall each be increased by 0.50 percentage point.’ and inserting in lieu thereof ‘origination fees under sections 438(c)(2) and (6) and 455(c) and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order.’.

(c) Section 256(c) of BBEDCA is repealed.

(d) Section 256(d) of BBEDCA is amended--

(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (6);

(2) by amending paragraph (1) to read as follows:

‘(1) CALCULATION OF REDUCTION IN PAYMENT AMOUNTS- To achieve the total percentage reduction in those programs required by section 252 or 253, subject to paragraph (2), and notwithstanding section 710 of the Social Security Act, OMB shall determine, and the applicable Presidential order under section 254 shall implement, the percentage reduction that shall apply, with respect to the health insurance programs under title XVIII of the Social Security Act--

‘(A) in the case of parts A and B of such title, to individual payments for services furnished during the one-year period beginning on the first day of the first month beginning after the date the order is issued (or, if later, the date specified in paragraph (4)); and

‘(B) in the case of parts C and D, to monthly payments under contracts under such parts for the same one-year period;

such that the reduction made in payments under that ordergreater of $10,000 or’ before ‘35 percent’, andCommentsClose CommentsPermalink




(2) by striking the last sentence and inserting the following: ‘At such time as the gross reportable amount with respect to any failure can be determined by the Secretary, any subsequent penalty imposed under this subsection with respect to such failure shall be reduced as necessary to assure that the aggregate amount of such penalties do not exceed the gross reportable amount (and to the extent that such aggregate amount already exceeds the gross reportable amount the Secretary shall achieve the required total percentage reduction in those payments for that period.’;

(3) by inserting after paragraph (1) the following:

‘(2) UNIFORM REDUCTION RATE; MAXIMUM PERMISSIBLE REDUCTION- Reductions in payments for programs and activities under such title XVIII pursuant to a sequestration order under section 254 shall be at a uniform rate, which shall not exceed 4 percent, across all such programs and activities subject to such order.’;

(4) by inserting after paragraph (3), as redesignated, the following:

‘(4) TIMING OF SUBSEQUENT SEQUESTRATION ORDER- A sequestration order required by section 252 or 253 with respect to programs under such title XVIII shall not take effect until the first month beginning after the end of the effective period of any prior sequestration order with respect to such programs, as determined in accordance with paragraph (1).’;

(5) in paragraph (6), as redesignated, to read as follows:

‘(6) SEQUESTRATION DISREGARDED IN COMPUTING PAYMENT AMOUNTS- The Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this part, for purposes of computing any adjustments to payment rates under such title XVIII, specifically including--

‘(A) the part C growth percentage under section 1853(c)(6);

‘(B) the part D annual growth rate under section 1860D-2(b)(6); and

‘(C) application of risk corridors to part D payment rates under section 1860D-15(e).’; and

(6) by adding after paragraph (6), as redesignated, the following:

‘(7) EXEMPTIONS FROM SEQUESTRATION- In addition to the programs and activities specified in section 255, the following shall be exempt from sequestration under this part:

‘(A) PART D LOW-INCOME SUBSIDIES- Premium and cost-sharing subsidies under section 1860D-14 of the Social Security Actrefund such excess to the taxpayer).’CommentsClose CommentsPermalink




(b) Effective Date- The amendments made by this section shall apply to notices and returns required to be filed after December 31, 2009.CommentsClose CommentsPermalink

(a) In General- Section 871 is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection:CommentsClose CommentsPermalink





‘(l) Treatment of Dividend Equivalent Payments-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of subsection (a), sections 881 and 4948(a), and chapters 3 and 4, a dividend equivalent shall be treated as a dividend from sources within the United States.CommentsClose CommentsPermalink





‘(2) DIVIDEND EQUIVALENT- For purposes of this subsection, the term ‘dividend equivalent’ means--CommentsClose CommentsPermalink





‘(A) any substitute dividend made pursuant to a securities lending or a sale-repurchase transaction that (directly or indirectly) is contingent upon, or determined by reference to, the payment of a dividend from sources within the United States,CommentsClose CommentsPermalink





‘(B) any payment made pursuant to a specified notional principal contract that (directly or indirectly) is contingent upon, or determined by reference to, the payment of a dividend from sources within the United States, andCommentsClose CommentsPermalink





‘(C) any other payment determined by the Secretary to be substantially similar to a payment described in subparagraph (A) or (B).CommentsClose CommentsPermalink





‘(3) SPECIFIED NOTIONAL PRINCIPAL CONTRACT- For purposes of this subsection, the term ‘specified notional principal contract’ means--CommentsClose CommentsPermalink





‘(A) any notional principal contract if--CommentsClose CommentsPermalink





‘(i) in connection with entering into such contract, any long party to the contract transfers the underlying security to any short party to the contract,CommentsClose CommentsPermalink





‘(ii) in connection with the termination of such contract, any short party to the contract transfers the underlying security to any long party to the contract,CommentsClose CommentsPermalink





‘(iii) the underlying security is not readily tradable on an established securities market,CommentsClose CommentsPermalink





‘(iv) in connection with entering into such contract, the underlying security is posted as collateral by any short party to the contract with any long party to the contract, orCommentsClose CommentsPermalink





‘(v) such contract is identified by the Secretary as a specified notional principal contract,CommentsClose CommentsPermalink





‘(B) in the case of payments made after the date which is 2 years after the date of the enactment of this subsection, any notional principal contract unless the Secretary determines that such contract is of a type which does not have the potential for tax avoidance.CommentsClose CommentsPermalink





‘(4) DEFINITIONS- For purposes of paragraph (3)(A)--CommentsClose CommentsPermalink





‘(A) LONG PARTY- The term ‘long party’ means, with respect to any underlying security of any notional principal contract, any party to the contract which is entitled to receive any payment pursuant to such contract which is contingent upon, or determined by reference to, the payment of a dividend from sources within the United States with respect to such underlying security.CommentsClose CommentsPermalink





‘(B) PART D CATASTROPHIC SUBSIDY- Payments under section 1860D-15(b) and (e)(2)(B) of the Social Security ActSHORT PARTY- The term ‘short party’ means, with respect to any underlying security of any notional principal contract, any party to the contract which is not a long party with respect to such underlying security.CommentsClose CommentsPermalink





‘(C) QUALIFIED INDIVIDUAL (QI) PREMIUMS- Payments to States for coverage of Medicare cost-sharing for certain low-income Medicare beneficiaries under section 1933 of the Social Security Act.’.SEC. 111. EXEMPT PROGRAMS AND ACTIVITIES.UNDERLYING SECURITY- The term ‘underlying security’ means, with respect to any notional principal contract, the security with respect to which the dividend referred to in paragraph (2)(B) is paid. For purposes of this paragraph, any index or fixed basket of securities shall be treated as a single security.CommentsClose CommentsPermalink





‘(5) PAYMENTS DETERMINED ON GROSS BASIS- For purposes of this subsection, the term ‘payment’ includes any gross amount which is used in computing any net amount which is transferred to or from the taxpayer.CommentsClose CommentsPermalink





‘(6) PREVENTION OF OVER-WITHHOLDING- In the case of any chain of dividend equivalents one or more of which is subject to tax under subsection (a)Designations- Section 255 of BBEDCA is amended by redesignating subsection (i) as (j) and striking ‘1998’ and inserting in lieu thereof ‘2010’.

(b) Social Security, Veterans Programs, Net Interest, and Tax Credits- Subsections (a) through (d) of section 255 of BBEDCA are amended to read as follows:

‘(a) Social Security Benefits and Tier I Railroad Retirement Benefits- Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), and benefits payable under section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45, United States Code, shall be exempt from reduction under any order issued under this part.

‘(b) Veterans Programs- The following program shall be exempt from reduction under any order issued under this part--

‘All programs administered by the Department of Veterans Affairs.

‘Special Benefits for Certain World War II Veterans (28-0401-0-1-701).

‘(c) Net Interest- No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this part.

‘(d) Refundable Income Tax Credits- Payments to individuals made pursuant to provisions of the Internal Revenue Code of 1986 establishing refundable tax credits shall be exempt from reduction under any order issued under this par or section 881, the Secretary may reduce such tax, but only to the extent that the taxpayer can establish that such tax has been paid with respect to another dividend equivalent in such chain, or is not otherwise due, or as the Secretary determines is appropriate to address the role of financial intermediaries in such chain. For purposes of this paragraph, a dividend shall be treated as a dividend equivalent.CommentsClose CommentsPermalink




‘(7) COORDINATION WITH CHAPTERS 3 AND 4- For purposes of chapters 3 and 4, each person that is a party to any contract or other arrangement that provides for the payment of a dividend equivalent shall be treated as having control of such payment.’.CommentsClose CommentsPermalink





(c) Other Programs and Activities, Low-income Programs, and Economic Recovery Programs- Subsections (g) and (h) of section 255 of BBEDCA are amendedb) Effective Date- The amendments made by this section shall apply to read as follows:

‘(g) Other Programs and Activities-

‘(1)(A) The following budget accounts and activities shall be exempt from reduction under any order issued under this part:

‘Activities resulting from private donations, bequests, or voluntary contributions to the Government.

‘Activities financed by voluntary payments to the Government for goods or services to be provided for such payments.

‘Administration of Territories, Northern Mariana Islands Covenant grants (14-0412-0-1-808).

‘Advances to the Unemployment Trust Fund and Other Funds (16-0327-0-1-600).

‘Black Lung Disability Trust Fund Refinancing (16-0329-0-1-601).

‘Bonneville Power Administration Fund and borrowing authority established pursuant to section 13 ofPublic Law 93-454 (1974), as amended (89-4045-0-3-271).

‘Claims, Judgments, and Relief Acts (20-1895-0-1-808).

‘Compact of Free Association (14-0415-0-1-808).

‘Compensation of the President (11-0209-01-1-802).

‘Comptroller of the Currency, Assessment Funds (20-8413-0-8-373).

‘Continuing Fund, Southeastern Power Administration (89-5653-0-2-271).

‘Continuing Fund, Southwestern Power Administration (89-5649-0-2-271).

‘Dual Benefits Payments Account (60-0111-0-1-601).

‘Emergency Fund, Western Area Power Administration (89-5069-0-2-271).

‘Exchange Stabilization Fund (20-4444-0-3-155).

‘Federal Deposit Insurance Corporation, Deposit Insurance Fund (51-4596-4-4-373).

‘Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51-4065-0-3-373).

‘Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee (51-4458-0-3-373).

‘Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51-4457-0-3-373).

‘Federal Housing Finance Agency, Administrative Expenses (95-5532-0-2-371).

‘Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund (20-1713-0-1-752).

‘Federal Payment to the District of Columbia Pension Fund (20-1714-0-1-601).

‘Federal Payments to the Railroad Retirement Accounts (60-0113-0-1-601).

‘Federal Reserve Bank Reimbursement Fund (20-1884-0-1-803).

‘Financial Agent Services (20-1802-0-1-803).

‘Foreign Military Sales Trust Fund (11-8242-0-7-155).

‘Hazardous Waste Management, Conservation Reserve Program (12-4336-0-3-999).

‘Host Nation Support Fund for Relocation (97-8337-0-7-051).

‘payments made on or after the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

Notwithstanding section 6655 of the Internal Revenue Collections for Puerto Rico (20-5737-0-2-806).

‘Intragovernmental funds, including those from which the outlays are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by direct appropriations for the fiscal year during which an order is in effect.

‘Medical Facilities Guarantee and Loan Fund (75-9931-0-3-551).

‘National Credit Union Administration, Central Liquidity Facility (25-4470-0-3-373).

‘National Credit Union Administration, Corporate Credit Union Share Guarantee Program (25-4476-0-3-376).

‘National Credit Union Administration, Credit Union Homeowners Affordability Relief Program (25-4473-0-3-371).

‘National Credit Union Administration, Credit Union Share Insurance Fund (25-4468-0-3-373).

‘National Credit Union Administration, Credit Union System Investment Program (25-4474-0-3-376).

‘National Credit Union Administration, Operating fund (25-4056-0-3-373).

‘National Credit Union Administration, Share Insurance Fundde of 1986, in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)--CommentsClose CommentsPermalink




(1) the percentage under paragraph (1) of section 202(b) of the Corporate Debt Guarantee Program (25-4469-0-3-376).

‘National Credit Union Administration, U.S. Central Federal Credit Union Capital Program (25-4475-0-3-376).

‘Office of Thrift Supervision (20-4108-0-3-373).

‘Panama Canal Commission Compensation Fund (16-5155-0-2-602).

‘Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses, Foreign Claims Settlement account (15-0100-0-1-153).

‘Payment to Civil Service Retirement and Disability Fund (24-0200-0-1-805).

‘Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund (97-0850-0-1-054).

‘Payment to Judiciary Trust Funds (10-0941-0-1-752).

‘Payment to Military Retirement Fund (97-0040-0-1-054).

‘Payment to the Foreign Service Retirement and Disability Fund (19-0540-0-1-153).

‘Payments to Copyright Owners (03-5175-0-2-376).

‘Payments to Health Care Trust Funds (75-0580-0-1-571).

‘Payment to Radiation Exposure Compensation Trust Fund (15-0333-0-1-054).

‘Payments to Social Security Trust Funds (28-0404-0-1-651).

‘Payments to the United States Territories, Fiscal Assistance (14-0418-0-1-806).

‘Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds.

‘Payments to widows and heirs of deceased Members of Congress (00-0215-0-1-801).

‘Postal Service Fund (18-4020-0-3-372).

‘Radiation Exposure Compensation Trust Fund (15-8116-0-1-054).

‘Reimbursement to Federal Reserve Banks (20-0562-0-1-803).

‘Salaries of Article III judges.

‘Soldiers and Airmen’s Home, payment of claims (84-8930-0-7-705).

‘Tennessee Valley Authority Fund, except nonpower programs and activities (64-4110-0-3-999).

‘Tribal and Indian trust accounts within the Department of the Interior which fund prior legal obligations of the Government or which are established pursuant to Acts of Congress regarding Federal management of tribal real property or other fiduciary responsibilities, including but not limited to Tribal Special Fund (14-5265-0-2-452), Tribal Trust Fund (14-8030-0-7-452), White Earth Settlement (14-2204-0-1-452), and Indian Water Rights and Habitat Acquisition (14-5505-0-2-303).

‘United Mine Workers of America 1992 Benefit Plan (95-8260-0-7-551).

‘United Mine Workers of America 1993 Benefit Plan (95-8535-0-7-551).

‘United Mine Workers of America Combined Benefit Fund (95-8295-0-7-551).

‘United States Enrichment Corporation Fund (95-4054-0-3-271).

‘Universal Service Fund (27-5183-0-2-376).

‘Vaccine Injury Compensation (75-0320-0-1-551).

‘Vaccine Injury Compensation Program Trust Fund (20-8175-0-7-551).

‘(B) The following Federal retirement and disability accounts and activities shall be exempt from reduction under any order issued under this part:

‘Black Lung Disability Trust Fund (20-8144-0-7-601).

‘Central Intelligence Agency Retirement and Disability System Fund (56-3400-0-1-054).

‘Civil Service Retirement and Disability Fund (24-8135-0-7-602).

‘Comptrollers general retirement system (05-0107-0-1-801).

‘Contributions to U.S. Park Police annuity benefits, Other Permanent Appropriations (14-9924-0-2-303).

‘Court of Appeals for Veterans Claims Retirement Fund (95-8290-0-7-705).

‘Department of Defense Medicare-Eligible Retiree Health Care Fund (97-5472-0-2-551).

‘District of Columbia Federal Pension Fund (20-5511-0-2-601).

‘District of Columbia Judicial Retirement and Survivors Annuity Fund (20-8212-0-7-602).

‘Energy Employees Occupational Illness Compensation Fund (16-1523-0-1-053).

‘Foreign National Employees Separation Pay (97-8165-0-7-051).

‘Foreign Service National Defined Contributions Retirement Fund (19-5497-0-2-602).

‘Foreign Service National Separation Liability Trust Fund (19-8340-0-7-602).

‘Foreign Service Retirement and Disability Fund(19-8186-0-7-602).

‘Government Payment for Annuitants, Employees Health Benefits (24-0206-0-1-551).

‘Government Payment for Annuitants, Employee Life Insurance (24-0500-0-1-602).

‘Judicial Officers’ Retirement Fund (10-8122-0-7-602).

‘Judicial Survivors’ Annuities Fund (10-8110-0-7-602).

‘Military Retirement Fund (97-8097-0-7-602).

‘National Railroad Retirement Investment Trust (60-8118-0-7-601).

‘National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306).

‘Pensions for former Presidents (47-0105-0-1-802).

‘Postal Service Retiree Health Benefits Fund (24-5391-0-2-551).

‘Public Safety Officer Benefits (15-0403-0-1-754).

‘Rail Industry Pension Fund (60-8011-0-7-601).

‘Retired Pay, Coast Guard (70-0602-0-1-403).

‘Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service (75-0379-0-1-551).

‘Special Benefits for Disabled Coal Miners (16-0169-0-1-601).

‘Special Benefits, Federal Employees’ Compensation Act (16-1521-0-1-600).

‘Special Workers Compensation Expenses (16-9971-0-7-601).

‘Tax Court Judges Survivors Annuity Fund (23-8115-0-7-602).

‘United States Court of Federal Claims Judges’ Retirement Fund (10-8124-0-7-602).

‘United States Secret Service, DC Annuity (70-0400-0-1-751).

‘Voluntary Separation Incentive Fund (97-8335-0-7-051).

‘(2) Prior legal obligations of the Government in the following budget accounts and activities shall be exempt from any order issued under this part:

‘Biomass Energy Development (20-0114-0-1-271).

‘Check Forgery Insurance Fund (20-4109-0-3-803).

‘Credit liquidating accounts.

‘Credit reestimates.

‘Employees Life Insurance Fund (24-8424-0-8-602).

‘Federal Aviation Insurance Revolving Fund (69-4120-0-3-402).

‘Federal Crop Insurance Corporation Fund (12-4085-0-3-351).

‘Federal Emergency Management Agency, National Flood Insurance Fund (58-4236-0-3-453).

‘Federal Home Loan Mortgage Corporation (Freddie Mac).

‘Federal National Mortgage Corporation (Fannie Mae).

‘Geothermal resources development fund (89-0206-0-1-271).

‘Low-Rent Public Housing--Loans and Other Expenses (86-4098-0-3-604).

‘Maritime Administration, War Risk Insurance Revolving Fund (69-4302-0-3-403).

‘Natural Resource Damage Assessment Fund (14-1618-0-1-302).

‘Overseas Private Investment Corporation, Noncredit Account (71-4184-0-3-151).

‘Pension Benefit Guaranty Corporation Fund (16-4204-0-3-601).

‘San Joaquin Restoration Fund (14-5537-0-2-301).

‘Servicemembers’ Group Life Insurance Fund (36-4009-0-3-701).

‘Terrorism Insurance Program (20-0123-0-1-376).

‘(h) Low-income Programs- The following programs shall be exempt from reduction under any order issued under this part:

‘Academic Competitiveness/Smart Grant Program (91-0205-0-1-502).

‘Child Care Entitlement to States (75-1550-0-1-609).

‘Child Enrollment Contingency Fund (75-5551-0-2-551).

‘Child Nutrition Programs (with the exception of special milk programs) (12-3539-0-1-605).

‘Children’s Health Insurance Fund (75-0515-0-1-551).

‘Commodity Supplemental Food Program (12-3507-0-1-605).

‘Contingency Fund (75-1522-0-1-609).

‘Family Support Programs (75-1501-0-1-609).

‘Federal Pell Grants under section 401 Title IV of the Higher Education Act.

‘Grants to States for Medicaid (75-0512-0-1-551).

‘Payments for Foster Care and Permanency (75-1545-0-1-609).

‘Supplemental Nutrition Assistance Program (12-3505-0-1-605).

‘Supplemental Security Income Program (28-0406-0-1-609).

‘Temporary Assistance for Needy Families (75-1552-0-1-609).’.

(d) Economic Recovery Programs- Section 255 of BBEDCA is amended by adding the following after subsection (h):

‘(i) Economic Recovery Programs- The following programs shall be exempt from reduction under any order issued under this part:

‘All programs enacted in, or increases in programs provided by, the American Recovery and Reinvestment Act of 2009.

‘Exchange Stabilization Fund-Money Market Mutual Fund Guaranty Facility (20-4274-0-3-376).

‘Financial Stabilization Reserve (20-0131-4-1-376).

‘GSE Mortgage-Backed Securities Purchase Program Account (20-0126-0-1-371).

‘GSE Preferred Stock Purchase Agreements (20-0125-0-1-371).

‘Office of Financial Stability (20-0128-0-1-376).

‘Special Inspector General for the Troubled Asset Relief Program (20-0133-0-1-376).

‘Troubled Asset Relief Program Account (20-0132-0-1-376).

‘Troubled Asset Relief Program Equity Purchase Program (20-0134-0-1-376).

‘Troubled Asset Relief Program, Home Affordable Modification Program (20-0136-0-1-604).’.

Attest:

Clerk.

111th CONGRESS

1st Session

H.R. 2847

HOUSE AMENDMENT TO SENATE AMENDMENT

Estimated Tax Shift Act of 2009 in effect on the date of the enactment of this Act is increased by 23 percentage points,CommentsClose CommentsPermalink




(2) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2015 shall be 121.5 percent of such amount,CommentsClose CommentsPermalink





(3) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2019 shall be 106.5 percent of such amount, andCommentsClose CommentsPermalink





(4) the amount of the next required installment after an installment referred to in paragraph (2) or (3) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph.CommentsClose CommentsPermalink