In the nature of a substitute.

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

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

Sec. 1. Short title and table of contents.

TITLE I--USE OF FUNDS

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

TITLE II--CONGRESSIONAL OVERSIGHT PANEL

Sec. 201. Congressional Oversight Panel.

TITLE III--ESTABLISHMENT OF RECOVERY ACCOUNTABILITY AND TRANSPARENCY
BOARD

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

TITLE IV--RECOVERY INDEPENDENT ADVISORY PANEL

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

TITLE V--SPECIAL INSPECTOR GENERAL

Sec. 501. Special Inspector General.

TITLE VI--REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS

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

TITLE VII--OVERSIGHT AND AUDITS

Sec. 701. Oversight and audits.

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

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

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

Subtitle A--National Commission on Social Security Solvency

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

Subtitle B--National Commission on Medicare and Medicaid Solvency

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

TITLE X--ENFORCEMENT PROVISIONS

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

DIVISION B--APPROPRIATIONS

TITLE I--MILCON.

TITLE II--TRANSPORTATION

TITLE III--DEPARTMENT OF DEFENSE

DIVISION C--OTHER PROVISIONS

TITLE I--TAX PROVISIONS

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

TITLE II--ASSISTANCE FOR AMERICANS IN NEED

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

TITLE III--FIXING THE HOUSING CRISIS

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

TITLE I--USE OF FUNDS

SEC. 101. RELATIONSHIP TO OTHER APPROPRIATIONS.

Each amount appropriated or made available in this Act is
in addition to amounts otherwise appropriated for the fiscal
year involved. Enactment of this Act shall have no effect on
the availability of amounts under the Continuing
Appropriations Resolution, 2009 (division A of Public Law
110-329).

SEC. 102. PREFERENCE FOR QUICK-START ACTIVITIES.

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

SEC. 103. REQUIREMENT OF TIMELY AWARD OF GRANTS.

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

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

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

SEC. 105. PERIOD OF AVAILABILITY.

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

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

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

SEC. 107. GUIDELINES FOR THE USE OF FUNDS.

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

TITLE II--CONGRESSIONAL OVERSIGHT PANEL

SEC. 201. CONGRESSIONAL OVERSIGHT PANEL.

(a) Establishment.--There is established the Congressional
Oversight Panel (in this section referred to as the
``Oversight Panel'') as an establishment in the legislative
branch to coordinate and conduct oversight of covered funds
to ensure the recovery and reinvestment goals and purposes of
the Act are achieved through the use of covered funds, and to
determine their impact in achieving the goals of this Act
including stimulating the economy, creating and saving jobs,
preventing home foreclosures and facilitating purchase of
homes, and helping individual Americans and their communities
who are most adversely affected by the economic crisis.
(1) Regular reports.--
(A) In general.--Regular reports of the Oversight Panel
shall include the following:
(i) The rate of expenditure of covered funds by federal,
state, and local government agencies and compliance with
applicable ethical and legal provisions relating to the
expenditure of covered funds.
(ii) Assessments of the impact of expenditures of covered
funds on reducing unemployment, helping Americans prevent
foreclosure of their homes and facilitate home purchases,
stimulating the economy, and stabilizing financial markets
and institutions.
(iii) The extent to which the activities of inspectors
general, the Board, the Advisory Panel, the Comptroller
General, and recipients of covered funds comply with and
contribute to transparency and accountability in the use of
covered funds.
(iv) An assessment of the effectiveness of tax cuts
included in the Act on achieving the goals of stimulating the
economy, achieving financial stability, and helping
businesses and individual Americans adversely affected by the
economic crisis.
(B) Timing.--The reports required under this paragraph
shall be submitted not later than 90 days after the first
exercise by the Secretary of the authority under section
101(a) or 102, and every 90 days thereafter.
(2) Special report on recovery and reinvestment.--The
Oversight Panel shall submit a special report on the status
and effects

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of expenditure of covered funds not later than July 20, 2009.
The Oversight Panel shall analyze the current state of the
economy and the effectiveness of the Act and provide
recommendations regarding revision in the Act and uses of
covered funds and measures to improve transparency and
accountability.
(b) Membership.--
(1) In general.--The Oversight Panel shall consist of 5
members, as follows:
(A) 1 member appointed by the Speaker of the House of
Representatives.
(B) 1 member appointed by the minority leader of the House
of Representatives.
(C) 1 member appointed by the majority leader of the
Senate.
(D) 1 member appointed by the minority leader of the
Senate.
(E) 1 member appointed by the Speaker of the House of
Representatives and the majority leader of the Senate, after
consultation with the minority leader of the Senate and the
minority leader of the House of Representatives.
(2) Pay.--Each member of the Oversight Panel shall each be
paid at a rate equal to the daily equivalent of the annual
rate of basic pay for level I of the Executive Schedule for
each day (including travel time) during which such member is
engaged in the actual performance of duties vested in the
Commission.
(3) Prohibition of compensation of federal employees.--
Members of the Oversight Panel who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Oversight Panel.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(5) Quorum.--Four members of the Oversight Panel shall
constitute a quorum but a lesser number may hold hearings.
(6) Vacancies.--A vacancy on the Oversight Panel shall be
filled in the manner in which the original appointment was
made.
(7) Meetings.--The Oversight Panel shall meet at the call
of the Chairperson or a majority of its members.
(c) Staff.--
(1) In general.--The Oversight Panel may appoint and fix
the pay of any personnel as the Commission considers
appropriate.
(2) Experts and consultants.--The Oversight Panel may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(3) Staff of agencies.--Upon request of the Oversight
Panel, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Oversight Panel to assist it in
carrying out its duties under this Act.
(d) Powers.--
(1) Hearings and sessions.--The Oversight Panel may, for
the purpose of carrying out this section, hold hearings, sit
and act at times and places, take testimony, and receive
evidence as the Panel considers appropriate and may
administer oaths or affirmations to witnesses appearing
before it.
(2) Powers of members and agents.--Any member or agent of
the Oversight Panel may, if authorized by the Oversight
Panel, take any action which the Oversight Panel is
authorized to take by this section.
(3) Obtaining official data.--The Oversight Panel may
secure directly from any department or agency of the United
States or any recipient of funds under this Act information
necessary to enable it to carry out this section. Upon
request of the Chairperson of the Oversight Panel, the head
of that department or agency shall furnish that information
to the Oversight Panel.
(4) Reports.--The Oversight Panel shall receive and
consider all reports required to be submitted to the Recovery
Independent Advisory Panel under this Act.
(e) Funding for Expenses.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Oversight Panel such sums as may be
necessary for any fiscal year, half of which shall be derived
from the applicable account of the House of Representatives,
and half of which shall be derived from the contingent fund
of the Senate.
(2) Reimbursement of amounts.--An amount equal to the
expenses of the Oversight Panel shall be promptly transferred
by the Secretary, from time to time upon the presentment of a
statement of such expenses by the Chairperson of the
Oversight Panel, from funds made available to the Secretary
under this Act to the applicable fund of the House of
Representatives and the contingent fund of the Senate, as
appropriate, as reimbursement for amounts expended from such
account and fund under paragraph (1).

TITLE III--ESTABLISHMENT OF RECOVERY ACCOUNTABILITY AND TRANSPARENCY
BOARD

SEC. 301. DEFINITIONS.

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

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

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

SEC. 303. COMPOSITION OF BOARD.

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

SEC. 304. FUNCTIONS OF THE BOARD.

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

SEC. 305. POWERS OF THE BOARD.

(a) In General.--The Board shall conduct, supervise, and
coordinate audits and investigations by inspectors general of
agencies relating to covered funds.
(b) Audits and Investigations.--The Board may--

[[Page S1695]]

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

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

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

SEC. 307. INDEPENDENCE OF INSPECTORS GENERAL.

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

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

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

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

(a) Prohibition of Reprisals.--An employee of any non-
Federal employer receiving covered funds may not be
discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing to the Board, an inspector general,
the Special Inspector General established by this division,
the Comptroller General, a member of Congress, or a the head
of a Federal agency, or their representatives, information
that the employee reasonably believes is evidence of--
(1) gross mismanagement of an agency contract or grant
relating to covered funds;
(2) a gross waste of covered funds;
(3) a substantial and specific danger to public health or
safety; or
(4) a violation of law related to an agency contract
(including the competition for or negotiation of a contract)
or grant, awarded or issued relating to covered funds.
(b) Investigation of Complaints.--
(1) In general.--A person who believes that the person has
been subjected to a reprisal prohibited by subsection (a) may
submit a complaint to the Special Inspector General
established by this division or appropriate inspector
general. Unless the inspector general determines that the
complaint is frivolous, the inspector general shall
investigate the complaint and, upon completion of such
investigation, submit a report of the findings of the
investigation to the person, the person's employer, the head
of the appropriate agency, the Board, and the Special
Inspector General established by this division.
(2) Time limitations for actions.--
(A) In general.--Except as provided under subparagraph (B),
the inspector general shall make a determination that a
complaint is frivolous or submit a report under paragraph (1)
within 180 days after receiving the complaint.
(B) Extension.--If the inspector general is unable to
complete an investigation in time to submit a report within
the 180-day period specified under subparagraph (A) and the
person submitting the complaint agrees to an extension of
time, the inspector general shall submit a report under
paragraph (1) within such additional period of time as shall
be agreed upon between the inspector general and the person
submitting the complaint.
(c) Remedy and Enforcement Authority.--
(1) Agency action.--Not later than 30 days after receiving
an inspector general report under subsection (b), the head of
the agency concerned or the Special Inspector General
established by this division shall determine whether there is
sufficient basis to conclude that the non-Federal employer
has subjected the complainant to a reprisal prohibited by
subsection (a) and shall either issue an order denying relief
or shall take 1 or more of the following actions:
(A) Order the employer to take affirmative action to abate
the reprisal.
(B) Order the employer to reinstate the person to the
position that the person held before the reprisal, together
with the compensation (including back pay), employment
benefits, and other terms and conditions of employment that
would apply to the person in that position if the reprisal
had not been taken.
(C) Order the employer to pay the complainant an amount
equal to the aggregate amount of all costs and expenses
(including attorneys' fees and expert witnesses' fees) that
were reasonably incurred by the complainant for, or in
connection with, bringing the complaint regarding the
reprisal, as determined by the head of the agency.
(2) Civil action.--If the head of an agency issues an order
denying relief under paragraph (1) or has not issued an order
within 210 days after the submission of a complaint under
subsection (b), or in the case of an extension of time under
subsection (b)(2)(B), not later than 30 days after the
expiration of the extension of time, and there is no showing
that such delay is due to the bad faith of the complainant,
the complainant shall be deemed to have exhausted all
administrative remedies with respect to the complaint, and
the complainant may bring a de novo action at law or equity
against the employer to seek compensatory damages and other
relief available under this section in the appropriate
district court of the United States, which shall have
jurisdiction over such an action without regard to the amount
in controversy. Such an action shall, at the request of
either party to the action, be tried by the court with a
jury.
(3) Evidence.--An inspector general determination and an
agency head order denying relief under paragraph (2) shall be
admissible in evidence in any de novo action at law or equity
brought in accordance with this subsection.
(4) Judicial enforcement of order.--Whenever a person fails
to comply with an order issued under paragraph (1), the head
of the agency shall file an action for enforcement of such
order in the United States district court for a district in
which the reprisal was found to have occurred. In any action
brought under this paragraph, the court may grant appropriate
relief, including injunctive relief and compensatory and
exemplary damages.
(5) Judicial review.--Any person adversely affected or
aggrieved by an order issued under paragraph (1) may obtain
review of the order's conformance with this subsection, and
any regulations issued to carry out this section, in the
United States court of appeals for a circuit in which the
reprisal is alleged in the order to have occurred. No
petition seeking such review may be filed more than 60 days
after issuance of the order by the

[[Page S1696]]

head of the agency. Review shall conform to chapter 7 of
title 5, United States Code.
(d) Rule of Construction.--Nothing in this section may be
construed to authorize the discharge of, demotion of, or
discrimination against an employee for a disclosure other
than a disclosure protected by subsection (a) or to modify or
derogate from a right or remedy otherwise available to the
employee.

SEC. 310. BOARD WEBSITE.

(a) Establishment.--The Board shall establish and maintain
a user-friendly, public-facing website to foster greater
accountability and transparency in the use of covered funds.
(b) Purpose.--The website established and maintained under
subsection (a) shall be a portal or gateway to key
information relating to this Act and provide connections to
other Government websites with related information.
(c) Content and Function.--In establishing the website
established and maintained under subsection (a), the Board
shall ensure the following:
(1) The website shall provide materials explaining what
this Act means for citizens. The materials shall be easy to
understand and regularly updated.
(2) The website shall provide accountability information,
including a database of findings from audits, inspectors
general, and the Government Accountability Office.
(3) The website shall provide data on relevant economic,
financial, grant, and contract information in user-friendly
visual presentations to enhance public awareness of the use
of covered funds.
(4) The website shall provide detailed data on contracts
awarded by the Government that expend covered funds,
including information about the competitiveness of the
contracting process, notification of solicitations for
contracts to be awarded, and information about the process
that was used for the award of contracts.
(5) The website shall include printable reports on covered
funds obligated by month to each State and congressional
district.
(6) The website shall provide a means for the public to
give feedback on the performance of contracts that expend
covered funds.
(7) The website shall be enhanced and updated as necessary
to carry out the purposes of this subtitle.
(d) Waiver.--The Board may exclude posting contractual or
other information on the website on a case-by-case basis when
necessary to protect national security.

SEC. 311. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 312. TERMINATION OF THE BOARD.

The Board shall terminate on September 30, 2012.

TITLE IV--RECOVERY INDEPENDENT ADVISORY PANEL

SEC. 401. ESTABLISHMENT OF RECOVERY INDEPENDENT ADVISORY
PANEL.

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

SEC. 402. DUTIES OF THE PANEL.

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

SEC. 403. POWERS OF THE PANEL.

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

SEC. 404. PANEL PERSONNEL MATTERS.

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

SEC. 405. TERMINATION OF THE PANEL.

The Panel shall terminate on September 30, 2012.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

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

TITLE V--SPECIAL INSPECTOR GENERAL

SEC. 501. SPECIAL INSPECTOR GENERAL.

(a) Office of Inspector General.--There is hereby
established the Office of the Special Inspector General for
the Recovery and Reinvestment Funds Program to prevent fraud,
waste, and abuse of covered funds under this Act and to
determine whether covered funds are achieving their intended
purpose.
(b) President. Appointment of Inspector General; Removal.--
(1)(A) The head of the Office of the Special Inspector
General for Recovery and Reinvestment Programs is the Special
Inspector General for Recovery and Reinvestment (in this
section referred to as the ``Special Inspector General''),
who shall be appointed by the President, by and with the
advice and consent of the Senate.
(B) The nomination and appointment of the Special Inspector
General shall be made on the basis of the nominee's integrity
and demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.
(2) The appointment of the Special Inspector General shall
be made on the basis of integrity and demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations.
(3) The nomination of an individual as Special Inspector
General shall be made as soon as practicable after the
implementation of activities and projects under this Act.
(4) The Special Inspector General shall be removable from
office in accordance with the provisions of section 3(b) of
the Inspector General Act of 1978 (5 U.S.C. App.).
(5) For purposes of section 7324 of title 5, United States
Code, the Special Inspector General shall not be considered
an employee who determines policies to be pursued by the
United States in the nationwide administration of Federal
law.
(6) The annual rate of basic pay of the Special Inspector
General shall be the annual rate of basic pay for an
Inspector General under section 3(e) of the Inspector General
Act of 1978 (5 U.S.C. App.).
(c) Duties.--(1) It shall be the duty of the Special
Inspector General to oversee the activities of inspectors
general of federal agencies with respect to expenditure of
funds

[[Page S1697]]

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

TITLE VI--REPORTS OF THE COUNCIL OF ECONOMIC ADVISERS

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

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

TITLE VII--OVERSIGHT AND AUDITS

SEC. 701. OVERSIGHT AND AUDITS.

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

[[Page S1698]]

(2) Authority.--The Comptroller General may audit the
programs, activities, receipts, expenditures, and financial
transactions under this Act.
(3) Corrective responses to audit problems.--Federal
agencies shall--
(A) take action to address deficiencies identified by the
Comptroller General or other auditor engaged under this Act;
or
(B) certify to appropriate committees of Congress that no
action is necessary or appropriate.
(c) Internal Control.--
(1) Establishment.--Federal and State agencies receiving
funds under this Act shall establish and maintain effective
systems of internal control focused on recovery and
reinvestment funds under this Act, consistent with the
standards prescribed under section 3512(c) of title 31,
United States Code, that provide reasonable assurance of--
(A) the effectiveness and efficiency of operations,
including the use of the resources under this Act;
(B) the reliability of financial reporting, including
financial statements and other reports for internal and
external use; and
(C) compliance with applicable laws and regulations.
(2) Reporting.--In conjunction with each annual financial
statement issued under this section, federal and state
agencies shall--
(A) state the responsibility of management for establishing
and maintaining adequate internal control over financial
reporting; and
(B) state its assessment, as of the end of the most recent
year covered by such financial statement covering expenditure
of funds under this Act, of the effectiveness of the internal
control over financial reporting.
(d) Reports. Audits. Sharing of Information.--Any report or
audit required under this section shall also be submitted to
the Congressional Oversight Panel established under this Act.

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

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

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

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

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

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

Subtitle A--National Commission on Social Security Solvency

SEC. 901. DEFINITIONS.

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

SEC. 902. ESTABLISHMENT OF COMMISSION.

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

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

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

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

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

[[Page S1699]]

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

SEC. 903. EXPEDITED CONSIDERATION OF COMMISSION
RECOMMENDATIONS.

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

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

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

[[Page S1700]]

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

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

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

Subtitle B--National Commission on Medicare and Medicaid Solvency

SEC. 911. DEFINITIONS.

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

SEC. 912. ESTABLISHMENT OF COMMISSION.

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

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

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

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

(ii) Signature.--Subpoenas issued under this subsection may
be issued under the signature of the chairperson of the
Commission and may be served by any person designated by the
chairperson or by a member designated by a majority of the
Commission.

[[Page S1701]]

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

SEC. 913. EXPEDITED CONSIDERATION OF COMMISSION
RECOMMENDATIONS.

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

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

(iv) Vote on final passage.--In the Senate, immediately
following the conclusion of consideration of the Medicare and
Medicaid commission bill, the disposition of any pending
amendments under clause (ii), a motion to recommit under
clause (iii), and a request to establish the presence of a
quorum, the

[[Page S1702]]

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

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

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

TITLE X--ENFORCEMENT PROVISIONS

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

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

SEC. 1000A. TERMINATION OF PROGRAMS.

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

DIVISION B--APPROPRIATIONS

TITLE I--MILCON

Military Construction, Army

For an additional amount for ``Military Construction,
Army'', $481,000,000, to remain available until September 30,
2012, for acquisition, construction, installation, and
equipment of permanent public works, military installations,
facilities, and real property for the Army: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out military construction
projects for warrior transition complexes at locations
authorized by section 2911 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4750), as amended by section 1000.

Modification of Authority to Carry Out Certain Fiscal Year 2009
Projects

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

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

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

[[Page S1703]]

TITLE II--TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

supplemental discretionary grants for a national surface transportation
system

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

Federal Aviation Administration

supplemental discretionary grants for airport investment

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

Federal Highway Administration

supplemental grants for highway investment

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

Federal Transit Administration

supplemental grants for public transit investment

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

TITLE III--DEPARTMENT OF DEFENSE

OPERATION AND MAINTENANCE

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

operation and maintenance, army

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

operation and maintenance, marine corps

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

operation and maintenance, army reserve

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

operation and maintenance, navy reserve

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

operation and maintenance, army national guard

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

facility infrastructure investments, defense

For expenses, not otherwise provided for, to repair,
restore, improve, or modernize Department of Defense
facilities, improve unaccompanied personnel housing, repair
or upgrade facilities and infrastructure directly supporting
the readiness and training of the Armed Forces, and invest in
the energy efficiency of Department of Defense facilities,
$9,348,343,000, for facilities sustainment, restoration, and
modernization programs of the Department of Defense
(including minor construction and major maintenance and
repair), as follows:

[[Page S1704]]

(1) For an additional amount for ``Operation and
Maintenance, Army'', $3,310,109,000.
(2) For an additional amount for ``Operation and
Maintenance, Navy'', $1,624,380,000.
(3) For an additional amount for ``Operation and
Maintenance, Marine Corps'', $285,311,000.
(4) For an additional amount for ``Operation and
Maintenance, Air Force'', $2,665,016,000.
(5) For an additional amount for ``Operations and
Maintenance, Defense Wide (Defense Health Program)'',
$454,658,000.
(6) For an additional amount for ``Operations and
Maintenance, Defense Wide (Defense Education Activity)'',
$68,600,000.
(7) For an additional amount for ``Operations and
Maintenance, Defense Wide (Defense Logistics Agency)'',
$24,605,000.
(8) For an additional amount for ``Operations and
Maintenance, Defense Wide (Special Operations)'',
$19,300,000.
(9) For an additional amount for ``Operation and
Maintenance, Army Reserve'', $246,234,000.
(10) For an additional amount for ``Operation and
Maintenance, Navy Reserve'', $62,162,000.
(11) For an additional amount for ``Operation and
Maintenance, Marine Corps Reserve'', $99,938,000.
(12) For an additional amount for ``Operation and
Maintenance, Air Force Reserve'', $33,014,000.
(13) For an additional amount for ``Operation and
Maintenance, Army National Guard'', $368,026,000.
(14) For an additional amount for ``Operation and
Maintenance, Air National Guard'', $86,990,000.

PROCUREMENT

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

aircraft procurement, army

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

missile procurement, army

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

procurement of weapons and tracked combat vehicles, army

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

procurement of ammunition, army

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

other procurement, army

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

weapons procurement, navy

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

procurement of ammunition, navy and marine corps

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

other procurement, navy

For an additional amount for ``Other Procurement, Navy'',
$61,100,000, to remain available for obligation until
September 30, 2010, for construction, procurement,
production, modification, replacement and recapitalization of
Navy expeditionary forces and capabilities for reset
purposes; including, tactical vehicles, construction and
maintenance equipment, naval coastal warfare boats, salvage
equipment, riverine equipment, expeditionary material
handling equipment, communications equipment, and other
expeditionary items which are required to equip sailors and
improve Navy expeditionary capabilities and support of
Operation Enduring Freedom (OEF) and Operation Iraqi Freedom
(OIF), as well as the Global War on Terror (GWOT) in support
of joint warfighting commanders.

procurement, marine corps

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

aircraft procurement, air force

For an additional amount for ``Aircraft Procurement, Air
Force'', $83,100,000, to remain available for obligation
until September 30, 2010, for construction, procurement,
production, modification, and modernization of Air Force
Reserve aircraft, equipment, spare parts, and accessories for
reset purposes; including, replacement panels for C-5A
aircraft to remediate corrosion cracking; armor and
refurbishment kits for currently fielded C-130 aircraft to
provide enhanced protection against small arms fire; new and
updated .50 caliber machine guns for HH-60 rotary wing
aircraft to help negate aircraft vulnerabilities; a
replacement armor system for C-130 aircraft that affords
protection against 12.7mm threats to the aircraft;

[[Page S1705]]

a rescue board for combat, search and rescue (CSAR) HH-60
aircraft that will help maximize usable space within that
aircraft so as to eliminate the requirement for additional
CSAR aircraft to enter a threat environment; and other
expenses necessary for the foregoing purposes.

GENERAL PROVISIONS--THIS TITLE

SEC. 3001. FACILITY INFRASTRUCTURE INVESTMENTS.

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

DIVISION C--OTHER PROVISIONS

TITLE I--TAX PROVISIONS

SEC. 10001. REDUCTION IN SOCIAL SECURITY PAYROLL TAXES.

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

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

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

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

(B) Conforming amendments.--
(i) Section 164(f) of such Code is amended adding at the
end the following new paragraph:
``(3) Special rule for 2009.--In the case of taxable years
beginning after December 31, 2008, and before January 1,
2010, the deduction allowed under paragraph (1) with respect
to taxes imposed by section 1401(a) shall equal to two-thirds
of the taxes so paid.''.
(ii) Section 1402(a)(12)(B) is amended by inserting ``(in
the case of taxable years beginning after December 31, 2008,
and before January 1, 2010, two-thirds of the taxes of the
rate imposed by section 1401(a) and one-half of the rate
imposed by section 1401(b))'' after ``year''.
(b) Funding From General Fund.--There are hereby
appropriated to the Federal Old-age and Survivors Trust Fund
and the Federal Disability Insurance Trust Fund established
under section 201 of the Social Security Act (42 U.S.C. 401)
amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by paragraphs (1) and (20(A) of
subsection (a) . Amounts appropriated by the preceding
sentence shall be transferred from the general fund at such
times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such
Trust Fund had such amendments not been enacted.

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

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

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

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

SEC. 10004. CREDIT FOR CERTAIN HOME PURCHASES.

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

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

``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who is a
purchaser of a qualified principal residence during the
taxable year, there shall be allowed as a credit against the
tax imposed by this chapter an amount equal to 10 percent of
the purchase price of the residence.
``(2) Dollar limitation.--The amount of the credit allowed
under paragraph (1) shall not exceed $15,000.
``(3) Allocation of credit amount.--At the election of the
taxpayer, the amount of the credit allowed under paragraph
(1) (after application of paragraph (2)) may be equally
divided among the 2 taxable years beginning with the taxable
year in which the purchase of the qualified principal
residence is made.
``(b) Limitations.--
``(1) Date of purchase.--The credit allowed under
subsection (a) shall be allowed only with respect to
purchases made--
``(A) after December 31, 2008, and
``(B) before January 1, 2010.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year
shall not exceed the excess of--
``(A) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(B) the sum of the credits allowable under this subpart
(other than this section) for the taxable year.
``(3) One-time only.--
``(A) In general.--If a credit is allowed under this
section in the case of any individual (and such individual's
spouse, if married) with respect to the purchase of any
qualified principal residence, no credit shall be allowed
under this section in any taxable year with respect to the
purchase of any other qualified principal residence by such
individual or a spouse of such individual.
``(B) Joint purchase.--In the case of a purchase of a
qualified principal residence by 2 or more unmarried
individuals or by 2 married individuals filing separately, no
credit shall be allowed under this section if a credit under
this section has been allowed to any of such individuals in
any taxable year with respect to the purchase of any other
qualified principal residence.

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

at any time within 24 months after the date on which the
taxpayer purchased such residence, then the tax imposed by
this chapter

[[Page S1706]]

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

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

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

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

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

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

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

TITLE II--ASSISTANCE FOR AMERICANS IN NEED

SEC. 20001. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION
PROGRAM.

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

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

SEC. 20002. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

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

SEC. 20003. TRAINING AND EMPLOYMENT SERVICES.

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

TITLE III--FIXING THE HOUSING CRISIS

SEC. 30001. SHORT TITLE.

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

SEC. 30002. DEFINITIONS.

For purposes of this title--
(1) the term ``securitized mortgages'' means residential
mortgages that have been pooled by a securitization vehicle;
(2) the term ``securitization vehicle'' means a trust,
corporation, partnership, limited liability entity, special
purpose entity, or other structure that--
(A) is the issuer, or is created by the issuer, of mortgage
pass-through certificates, participation certificates,
mortgage-backed securities, or other similar securities
backed by a pool of assets that includes residential mortgage
loans;
(B) holds all of the mortgage loans which are the basis for
any vehicle described in subparagraph (A); and
(C) has not issued securities that are guaranteed by the
Federal National Mortgage Association, the Federal Home Loan
Mortgage Corporation, or the Government National Mortgage
Association;
(3) the term ``servicer'' means a servicer of securitized
mortgages;
(4) the term ``eligible servicer'' means a servicer of
pooled and securitized residential mortgages, all of which
are eligible mortgages;
(5) the term ``eligible mortgage'' means a residential
mortgage, the principal amount of which did not exceed the
conforming loan size limit that was in existence at the time
of origination for a comparable dwelling, as

[[Page S1707]]

established by the Federal National Mortgage Association;
(6) the term ``Secretary'' means the Secretary of the
Treasury;
(7) the term ``effective term of the title'' means the
period beginning on the effective date of this title and
ending on December 31, 2011;
(8) the term ``incentive fee'' means the monthly payment to
eligible servicers, as determined under section 30003(a);
(9) the term ``Office'' means the Office of Aggrieved
Investor Claims established under section 30004(a); and
(10) the term ``prepayment fee'' means the payment to
eligible servicers, as determined under section 30003(b).

SEC. 30003. PAYMENTS TO ELIGIBLE SERVICERS AUTHORIZED.

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

SEC. 30004. TEMPORARY EXTENSION OF LOAN LIMIT INCREASE.

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

SEC. 30005. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 30006. SUNSET OF AUTHORITY.

The authority of the Secretary to provide assistance under
this title shall terminate on December 31, 2011.
______