S.Amdt. 393

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

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

administrative provision

Sec. 1001.  (a) Temporary Expansion of Homeowners
Assistance Plan To Respond to Mortgage Foreclosure and Credit
Crisis.--Section 1013 of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), and (3) as
clauses (i), (ii), and (iii), respectively, and indenting
such subparagraphs, as so redesignated, 6 ems from the left
margin;
(B) by striking ``Notwithstanding any other provision of
law'' and inserting the following:
``(1) Acquisition of property at or near military
installations that have been ordered to be closed.--
Notwithstanding any other provision of law'';
(C) by striking ``if he determines'' and inserting ``if--
``(A) the Secretary determines--'';
(D) in clause (iii), as redesignated by subparagraph (A),
by striking the period at the end and inserting ``; or''; and
(E) by adding at the end the following:
``(B) the Secretary determines--
``(i) that the conditions in clauses (i) and (ii) of
subparagraph (A) have been met;
``(ii) that the closing or realignment of the base or
installation resulted from a realignment or closure carried
out under the 2005 round of defense base closure and
realignment under the Defense Base Closure and Realignment
Act of 1990 (part XXIX of Public Law 101-510; 10 U.S.C. 2687
note);
``(iii) that the property was purchased by the owner before
July 1, 2006;
``(iv) that the property was sold by the owner between July
1, 2006, and September 30, 2012, or an earlier end date
designated by the Secretary;
``(v) that the property is the primary residence of the
owner; and
``(vi) that the owner has not previously received benefit
payments authorized under this subsection.
``(2) Homeowner assistance for wounded members of the armed
forces, department of defense and united states coast guard
civilian employees, and their spouses.--Notwithstanding any
other provision of law, the Secretary of Defense is
authorized to acquire title to, hold, manage, and dispose of,
or, in lieu thereof, to reimburse for certain losses upon
private sale of, or foreclosure against, any property
improved with a one- or two-family dwelling which was at the
time of the relevant wound, injury, or illness, the primary
residence of--
``(A) any member of the Armed Forces in medical transition
who--
``(i) incurred a wound, injury, or illness in the line of
duty during a deployment in support of the Armed Forces;
``(ii) is disabled to a degree of 30 percent or more as a
result of one impairment, injury, or illness, as determined
by the Secretary of Defense or the Secretary of Veterans
Affairs; and
``(iii) is reassigned in furtherance of medical treatment
or rehabilitation, or due to medical retirement in connection
with such disability;
``(B) any civilian employee of the Department of Defense or
the United States Coast Guard who--
``(i) was wounded, injured, or became ill in the
performance of his or her duties during a forward deployment
occurring on or after September 14, 2001, in support of the
Armed Forces; and
``(ii) is reassigned in furtherance of medical treatment,
rehabilitation, or due to medical retirement resulting from
the sustained disability; or
``(C) the spouse of a member of the Armed Forces or a
civilian employee of the Department of Defense or the United
States Coast Guard if--
``(i) the member or employee was killed in the line of duty
during a deployment on or after September 14, 2001, in
support of the Armed Forces or died from a wound, injury, or
illness incurred in the line of duty during such a
deployment; and
``(ii) the spouse relocates from such residence within 2
years after the death of such member or employee.
``(3) Temporary homeowner assistance for members of the
armed forces permanently reassigned during specified mortgage
crisis.--Notwithstanding any other provision of law, the
Secretary of Defense is authorized to acquire title to, hold,
manage, and dispose of, or, in lieu thereof, to reimburse for
certain losses upon private sale of, or foreclosure against,
any property improved with a one- or two-family dwelling
situated at or near a military base or installation, if the
Secretary determines--
``(A) that the owner is a member of the Armed Forces
serving on permanent assignment;
``(B) that the owner is permanently reassigned by order of
the United States Government to a duty station or home port
outside a 50-mile radius of the base or installation;
``(C) that the reassignment was ordered between February 1,
2006, and September 30, 2012, or an earlier end date
designated by the Secretary;
``(D) that the property was purchased by the owner before
July 1, 2006;
``(E) that the property was sold by the owner between July
1, 2006, and September 30, 2012, or an earlier end date
designated by the Secretary;
``(F) that the property is the primary residence of the
owner; and
``(G) that the owner has not previously received benefit
payments authorized under this subsection.'';
(2) in subsection (b), by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(3) in subsection (c)--
(A) by striking ``Such persons'' and inserting the
following:
``(1) Homeowner assistance related to closed military
installations.--
``(A) In general.--Such persons'';
(B) by striking ``set forth above shall elect either (1) to
receive'' and inserting the following: ``set forth in
subsection (a)(1) shall elect either--
``(i) to receive'';
(C) by striking ``difference between (A) 95 per centum''
and all that follows through ``(B) the fair market value''
and inserting the following: ``difference between--

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

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

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

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

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

[[Page S1716]]

``(II) the fair market value of such property (as such
value is determined by the Secretary of Defense) at the time
of sale; or

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