[Congressional Record (Bound Edition), Volume 156 (2010), Part 2] [Senate] [Pages 2296-2312] [From the U.S. Government Publishing Office, www.gpo.gov]TEXT OF AMENDMENTS SA 3346. Mr. LEAHY (for himself and Mr. Sessions) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: Strike section 537, and insert the following: SEC. 537. EFFECTIVE DATE; NONINFRINGEMENT OF COPYRIGHT. (a) Effective Date.--Unless specifically provided otherwise, this title, and the amendments made by this title, shall take effect on February 27, 2010, and with the exception of the reference in subsection (b), all references to the date of enactment of this Act shall be deemed to refer to February 27, 2010, unless otherwise specified. (b) Noninfringement of Copyright.--The secondary transmission of a performance or display of a work embodied in a primary transmission is not an infringement of copyright if it was made by a satellite carrier on or after February 27, 2010, and prior to enactment of this Act, and was in compliance with the law as in existence on February 27, 2010. ______ SA 3347. Mr. MERKLEY (for himself and Mr. Wyden) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. LEASES OF RESTRICTED LAND. Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence by inserting ``land held in trust for the Coquille Indian Tribe, land held in trust for the Confederated Tribes of Siletz Indians, land held in trust for the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, land held in trust for the Klamath Tribes, and land held in trust for the Burns Paiute Tribe,'' after ``lands held in trust for the Confederated Tribes of the Warm Springs Reservation of Oregon,''. ______ SA 3348. Mr. BROWN of Massachusetts submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: At the end of title I, add the following: SEC. 103. EMPLOYEE PAYROLL TAX RATE CUT. (a) In General.--For the 6-calendar-month period beginning after the date which is 60 days after the date of the enactment of this [[Page 2297]] Act, the Secretary of the Treasury shall reduce the rate of tax under section 3101(a) of the Internal Revenue Code of 1986 and 50 percent of the rate of tax under section 1401(a) of such Code by such percentage such that the resulting reduction in revenues to the Federal Old-Age and Survivors Insurance Trust Fund is equal to 100 percent of the amounts appropriated or made available and remaining unobligated under the American Recovery and Reinvestment Act of 2009 (Pub. Law 111-5) as of the date of the enactment of this Act. (b) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are 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 application 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 amendment not been enacted. (c) Replenishment of General Fund Through Rescission of Certain Stimulus Funds.--Notwithstanding section 5 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 116), from the amounts appropriated or made available under division A of such Act (other than under title X of such division A), there is rescinded any remaining unobligated amounts as of the date of the enactment of this Act. The Director of the Office of Management and Budget shall report to each congressional committee the amounts so rescinded within the jurisdiction of such committee. (d) Emergency Designation.--This section is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)) and section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. In the House of Representatives, this section is designated as an emergency for purposes of pay-as-you-go principles. ______ SA 3349. Mr. DODD submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: On page 73, line 21, after the second period insert the following: ``The amendment made by this section shall be considered to have taken effect on February 28, 2010.''. ______ SA 3350. Ms. STABENOW (for herself, Mr. Hatch, and Mr. Schumer) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: At the end of title VI, add the following: SEC. 602. ELECTION TO TEMPORARILY UTILIZE UNUSED AMT CREDITS DETERMINED BY DOMESTIC INVESTMENT. (a) In General.--Section 53 is amended by adding at the end the following new subsection: ``(g) Election for Corporations With Unused Credits.-- ``(1) In general.--If a corporation elects to have this subsection apply, then notwithstanding any other provision of law, the limitation imposed by subsection (c) for any such taxable year shall be increased by the AMT credit adjustment amount. ``(2) AMT credit adjustment amount.--For purposes of paragraph (1), the term `AMT credit adjustment amount' means with respect to any taxable year beginning in 2010, the lesser of-- ``(A) a corporation's minimum tax credit determined under subsection (b), or ``(B) 20 percent of new domestic investments made during such taxable year. ``(3) New domestic investments.--For purposes of this subsection, the term `new domestic investments' means the cost of qualified property (as defined in section 168(k)(2)(A)(i))-- ``(A) the original use of which commences with the taxpayer during the taxable year, and ``(B) which is placed in service in the United States by the taxpayer during such taxable year. ``(4) Credit refundable.--For purposes of subsections (b) and (c) of section 6401, the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this subsection shall be treated as allowed under subpart C of such part (and not to any other subpart). ``(5) Election.-- ``(A) In general.--An election under this subsection shall be made at such time and in such manner as prescribed by the Secretary, and once effective, may be revoked only with the consent of the Secretary. ``(B) Interim elections.--Until such time as the Secretary prescribes a manner for making an election under this subsection, a taxpayer is treated as having made a valid election by providing written notification to the Secretary and the Commissioner of Internal Revenue of such election. ``(6) Aggregation rule.--For purposes of this subsection-- ``(A) all corporations which are members of an affiliated group of corporations filing a consolidated tax return, and ``(B) all partnerships in which more than 90 percent of the capital and profits interest in the partnership are owned by the corporation (directly or indirectly) at all times during the taxable year in which an election under this subsection is in effect, shall be treated as a single corporation. ``(7) Application to partnerships.--In the case of a partnership-- ``(A) this subsection shall be applied at the partner level, and ``(B) each partner shall be treated as having for the taxable year an amount equal to such partner's allocable share of the new domestic investment of the partnership for such taxable year (as determined under regulations prescribed by the Secretary). ``(8) No double benefit.--Notwithstanding clause (iii)(II) of section 172(b)(1)(H), any taxpayer which has previously made an election under such section shall be deemed to have revoked such election by the making of its first election under this subsection. ``(9) Regulations.--The Secretary may issue such regulations or other guidance as may be necessary or appropriate to carry out this subsection, including to prevent fraud and abuse under this subsection. ``(10) Termination.--This subsection shall not apply to any taxable year that begins after December 31, 2010.''. (b) Quick Refund of Refundable Credit.--Section 6425 is amended by adding at the end the following new subsection: ``(e) Allowance of AMT Credit Adjustment Amount.--The amount of an adjustment under this section as determined under subsection (c)(2) for any taxable year may be increased to the extent of the corporation's AMT credit adjustment amount determined under section 53(g) for such taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 603. INFORMATION REPORTING FOR RENTAL PROPERTY EXPENSE PAYMENTS. (a) In General.--Section 6041 is amended by adding at the end the following new subsection: ``(h) Treatment of Rental Property Expense Payments.-- ``(1) In general.--For purposes of subsection (a), except as provided in paragraph (2), a person receiving rental income shall be considered to be in engaged in a trade or business of renting property. ``(2) Exceptions.--Paragraph (1) shall not apply to-- ``(A) any individual who is an active member of the uniformed services, ``(B) any individual if substantially all rental income is derived from renting the principal residence (within the meaning of section 121) of such individual on a temporary basis, ``(C) any individual who receives rental income of not less than the minimal amount, as determined under regulations prescribed by the Secretary, and ``(D) any other individual for whom the requirements of this section would cause hardship, as determined under regulations prescribed by the Secretary.''. (b) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 2010. ______ SA 3351. Mr. REED (for himself, Ms. Snowe, and Mrs. Shaheen) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. REAUTHORIZATION OF NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000. Section 713 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``the date that is 9 years after the date on which the Alliance is established'' and inserting ``February 6, 2011''. ______ SA 3352. Mr. GRASSLEY (for himself, Mr. Crapo, Mr. Roberts, Mr. Ensign, and Mr. Hatch) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: [[Page 2298]] TITLE VIII--MEDICARE AND OTHER PROVISIONS SEC. 801. CONFORMING REPEAL. Sections 212 through 231, section 233, section 243, section 431, and section 601 of this Act are repealed. SEC. 802. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE FOR THE LAST 10 MONTHS OF 2010. Paragraph (10) of section 1848(d) of the Social Security Act, as added by section 1011(a) of the Department of Defense Appropriations Act, 2010 (Public Law 111-118), is amended to read as follows: ``(10) Update for 2010.-- ``(A) In general.--Subject to paragraphs (7)(B), (8)(B), and (9)(B), in lieu of the update to the single conversion factor established in paragraph (1)(C) that would otherwise apply for 2010, the update to the single conversion factor shall be 0 percent for 2010. ``(B) No effect on computation of conversion factor for 2011 and subsequent years.--The conversion factor under this subsection shall be computed under paragraph (1)(A) for 2011 and subsequent years as if subparagraph (A) had never applied.''. SEC. 803. EXTENSION OF THERAPY CAPS EXCEPTIONS PROCESS. Section 1833(g)(5) of the Social Security Act (42 U.S.C. 1395l(g)(5)) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2010''. SEC. 804. TREATMENT OF PHARMACIES UNDER DURABLE MEDICAL EQUIPMENT ACCREDITATION REQUIREMENTS. (a) In General.--Section 1834(a)(20) of the Social Security Act (42 U.S.C. 1395m(a)(20)) is amended-- (1) in subparagraph (F)-- (A) in clause (i)-- (i) by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; (ii) by striking ``January 1, 2010'' and inserting ``January 1, 2011''; and (iii) by striking ``and'' at the end; (B) in clause (ii)(II), by striking the period at the end and inserting ``; and''; (C) by inserting after clause (ii)(II) the following new clause: ``(iii)(I) subject to subclause (II), with respect to items and services furnished on or after January 1, 2011, the accreditation requirement of clause (i) shall not apply to a pharmacy described in subparagraph (G); and ``(II) effective with respect to items and services furnished on or after the date of the enactment of this subparagraph, the Secretary may apply to pharmacies quality standards and an accreditation requirement established by the Secretary that are an alternative to the quality standards and accreditation requirement otherwise applicable under this paragraph if the Secretary determines such alternative quality standards and accreditation requirement are appropriate for pharmacies.''; and (D) by adding at the end the following flush sentence: ``If determined appropriate by the Secretary, any alternative quality standards and accreditation requirement established under clause (iii)(II) may differ for categories of pharmacies established by the Secretary (such as pharmacies described in subparagraph (G)).''; and (2) by adding at the end the following new subparagraph: ``(G) Pharmacy described.--A pharmacy described in this subparagraph is a pharmacy that meets each of the following criteria: ``(i) The total billings by the pharmacy for such items and services under this title are less than 5 percent of total pharmacy sales for a previous period (of not less than 24 months) specified by the Secretary. ``(ii) The pharmacy has been enrolled under section 1866(j) as a supplier of durable medical equipment, prosthetics, orthotics, and supplies, has been issued (which may include the renewal of) a provider number for at least 2 years, and for which a final adverse action (as defined in section 424.57(a) of title 42, Code of Federal Regulations) has not been imposed in the past 2 years. ``(iii) The pharmacy submits to the Secretary an attestation, in a form and manner, and at a time, specified by the Secretary, that the pharmacy meets the criteria described in clauses (i) and (ii). ``(iv) The pharmacy agrees to submit materials as requested by the Secretary, or during the course of an audit conducted on a random sample of pharmacies selected annually, to verify that the pharmacy meets the criteria described in clauses (i) and (ii). Materials submitted under the preceding sentence shall include a certification by an independent accountant on behalf of the pharmacy or the submission of tax returns filed by the pharmacy during the relevant periods, as requested by the Secretary.''. (b) Conforming Amendments.--Section 1834(a)(20)(E) of the Social Security Act (42 U.S.C. 1395m(a)(20)(E)) is amended-- (1) in the first sentence, by striking ``The'' and inserting ``Except as provided in the third sentence, the''; and (2) by adding at the end the following new sentences: ``Notwithstanding the preceding sentences, any alternative quality standards and accreditation requirement established under subparagraph (F)(iii)(II) shall be established through notice and comment rulemaking. The Secretary may implement by program instruction or otherwise subparagraph (G) after consultation with representatives of relevant parties. The specifications developed by the Secretary in order to implement subparagraph (G) shall be posted on the Internet website of the Centers for Medicare & Medicaid Services.''. (c) Administration.--Chapter 35 of title 44, United States Code, shall not apply to this section. (d) Rule of Construction.--Nothing in the provisions of, or amendments made by, this section shall be construed as affecting the application of an accreditation requirement for pharmacies to qualify for bidding in a competitive acquisition area under section 1847 of the Social Security Act (42 U.S.C. 1395w-3). (e) Waiver of 1-Year Reenrollment Bar.--In the case of a pharmacy described in subparagraph (G) of section 1834(a)(20) of the Social Security Act, as added by subsection (a), whose billing privileges were revoked prior to January 1, 2011, by reason of noncompliance with subparagraph (F)(i) of such section, the Secretary of Health and Human Services shall waive any reenrollment bar imposed pursuant to section 424.535(d) of title 42, Code of Federal Regulations (as in effect on the date of the enactment of this Act) for such pharmacy to reapply for such privileges. SEC. 805. ENHANCED PAYMENT FOR MENTAL HEALTH SERVICES. Section 138(a)(1) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2010''. SEC. 806. EXTENSION OF AMBULANCE ADD-ONS. (a) In General.--Section 1834(l)(13) of the Social Security Act (42 U.S.C. 1395m(l)(13)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``before January 1, 2010'' and inserting ``before January 1, 2011''; and (B) in each of clauses (i) and (ii), by striking ``before January 1, 2010'' and inserting ``before January 1, 2011''. (b) Air Ambulance Improvements.--Section 146(b)(1) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275) is amended by striking ``ending on December 31, 2009'' and inserting ``ending on December 31, 2010''. (c) Super Rural Ambulance.--Section 1834(l)(12)(A) of the Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended-- (1) in the first sentence, by striking ``2010'' and inserting ``2011''; and (2) by adding at the end the following new sentence: ``For purposes of applying this subparagraph for ground ambulance services furnished on or after January 1, 2010, and before January 1, 2011, the Secretary shall use the percent increase that was applicable under this subparagraph to ground ambulance services furnished during 2009.''. SEC. 807. EXTENSION OF GEOGRAPHIC FLOOR FOR WORK. Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-4(e)(1)(E)) is amended by striking ``before January 1, 2010'' and inserting ``before January 1, 2011''. SEC. 808. EXTENSION OF PAYMENT FOR TECHNICAL COMPONENT OF CERTAIN PHYSICIAN PATHOLOGY SERVICES. Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), as amended by section 732 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. 1395w-4 note), section 104 of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395w-4 note), section 104 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), and section 136 of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), is amended by striking ``and 2009'' and inserting ``2009, and 2010''. SEC. 809. EXTENSION OF OUTPATIENT HOLD HARMLESS PROVISION. (a) In General.--Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)) is amended-- (1) in subclause (II)-- (A) in the first sentence, by striking ``2010''and inserting ``2011''; and (B) in the second sentence, by striking ``or 2009'' and inserting ``, 2009, or 2010''; and (2) in subclause (III), by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (b) Permitting All Sole Community Hospitals To Be Eligible for Hold Harmless.--Section 1833(t)(7)(D)(i)(III) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)(III)) is amended by adding at the end the following new sentence: ``In the case of covered OPD services furnished on or after January 1, 2010, and before January 1, 2011, the preceding sentence shall be applied without regard to the 100-bed limitation.''. SEC. 810. EHR CLARIFICATION. (a) Qualification for Clinic-Based Physicians.-- (1) Medicare.--Section 1848(o)(1)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-4(o)(1)(C)(ii)) is amended by striking ``setting (whether inpatient or outpatient)'' and inserting ``inpatient or emergency room setting''. (2) Medicaid.--Section 1903(t)(3)(D) of the Social Security Act (42 U.S.C. 1396b(t)(3)(D)) [[Page 2299]] is amended by striking ``setting (whether inpatient or outpatient)'' and inserting ``inpatient or emergency room setting''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of the HITECH Act (included in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)). (c) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the amendments made by this section by program instruction or otherwise. SEC. 811. EXTENSION OF REIMBURSEMENT FOR ALL MEDICARE PART B SERVICES FURNISHED BY CERTAIN INDIAN HOSPITALS AND CLINICS. Section 1880(e)(1)(A) of the Social Security Act (42 U.S.C. 1395qq(e)(1)(A)) is amended by striking ``5-year period'' and inserting ``6-year period''. SEC. 812. EXTENSION OF CERTAIN PAYMENT RULES FOR LONG-TERM CARE HOSPITAL SERVICES AND OF MORATORIUM ON THE ESTABLISHMENT OF CERTAIN HOSPITALS AND FACILITIES. (a) Extension of Certain Payment Rules.--Section 114(c) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (42 U.S.C. 1395ww note), as amended by section 4302(a) of the American Recovery and Reinvestment Act (Public Law 111-5), is amended by striking ``3-year period'' each place it appears and inserting ``4-year period''. (b) Extension of Moratorium.--Section 114(d)(1) of such Act (42 U.S.C. 1395ww note), as amended by section 4302(b) of the American Recovery and Reinvestment Act (Public Law 111-5), in the matter preceding subparagraph (A), is amended by striking ``3-year period'' and inserting ``4-year period''. SEC. 813. EXTENSION OF THE MEDICARE RURAL HOSPITAL FLEXIBILITY PROGRAM. Section 1820(j) of the Social Security Act (42 U.S.C. 1395i-4(j)) is amended-- (1) by striking ``2010, and for'' and inserting ``2010, for''; and (2) by inserting ``and for making grants to all States under subsection (g), such sums as may be necessary in fiscal year 2011, to remain available until expended'' before the period at the end. SEC. 814. EXTENSION OF SECTION 508 HOSPITAL RECLASSIFICATIONS. (a) In General.--Subsection (a) of section 106 of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395 note), as amended by section 117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110- 173) and section 124 of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), is amended by striking ``September 30, 2009'' and inserting ``September 30, 2010''. (b) Special Rule for Fiscal Year 2010.--For purposes of implementation of the amendment made by subsection (a), including (notwithstanding paragraph (3) of section 117(a) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), as amended by section 124(b) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275)) for purposes of the implementation of paragraph (2) of such section 117(a), during fiscal year 2010, the Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall use the hospital wage index that was promulgated by the Secretary in the Federal Register on August 27, 2009 (74 Fed. Reg. 43754), and any subsequent corrections. SEC. 815. TECHNICAL CORRECTION RELATED TO CRITICAL ACCESS HOSPITAL SERVICES. (a) In General.--Subsections (g)(2)(A) and (l)(8) of section 1834 of the Social Security Act (42 U.S.C. 1395m) are each amended by inserting ``101 percent of'' before ``the reasonable costs''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of section 405(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2266). SEC. 816. EXTENSION FOR SPECIALIZED MA PLANS FOR SPECIAL NEEDS INDIVIDUALS. (a) In General.--Section 1859(f)(1) of the Social Security Act (42 U.S.C. 1395w-28(f)(1)) is amended by striking ``2011'' and inserting ``2012''. (b) Temporary Extension of Authority To Operate but No Service Area Expansion for Dual Special Needs Plans That Do Not Meet Certain Requirements.--Section 164(c)(2) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011''. SEC. 817. EXTENSION OF REASONABLE COST CONTRACTS. Section 1876(h)(5)(C)(ii) of the Social Security Act (42 U.S.C. 1395mm(h)(5)(C)(ii)) is amended, in the matter preceding subclause (I), by striking ``January 1, 2010'' and inserting ``January 1, 2011''. SEC. 818. EXTENSION OF PARTICULAR WAIVER POLICY FOR EMPLOYER GROUP PLANS. For plan year 2011 and subsequent plan years, to the extent that the Secretary of Health and Human Services is applying the 2008 service area extension waiver policy (as modified in the April 11, 2008, Centers for Medicare & Medicaid Services' memorandum with the subject ``2009 Employer Group Waiver- Modification of the 2008 Service Area Extension Waiver Granted to Certain MA Local Coordinated Care Plans'') to Medicare Advantage coordinated care plans, the Secretary shall extend the application of such waiver policy to employers who contract directly with the Secretary as a Medicare Advantage private fee-for-service plan under section 1857(i)(2) of the Social Security Act (42 U.S.C. 1395w- 27(i)(2)) and that had enrollment as of January 1, 2010. SEC. 819. EXTENSION OF CONTINUING CARE RETIREMENT COMMUNITY PROGRAM. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall continue to conduct the Erickson Advantage Continuing Care Retirement Community (CCRC) program under part C of title XVIII of the Social Security Act through December 31, 2011. SEC. 820. FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME PROGRAMS. (a) Additional Funding for State Health Insurance Programs.--Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note) is amended by striking ``(42 U.S.C. 1395w-23(f))'' and all that follows through the period at the end and inserting ``(42 U.S.C. 1395w-23(f)), to the Centers for Medicare & Medicaid Services Program Management Account-- ``(i) for fiscal year 2009, of $7,500,000; and ``(ii) for fiscal year 2010, of $6,000,000. Amounts appropriated under this subparagraph shall remain available until expended.''. (b) Additional Funding for Area Agencies on Aging.-- Subsection (b)(1)(B) of such section 119 is amended by striking ``(42 U.S.C. 1395w-23(f))'' and all that follows through the period at the end and inserting ``(42 U.S.C. 1395w-23(f)), to the Administration on Aging-- ``(i) for fiscal year 2009, of $7,500,000; and ``(ii) for fiscal year 2010, of $6,000,000. Amounts appropriated under this subparagraph shall remain available until expended.''. (c) Additional Funding for Aging and Disability Resource Centers.--Subsection (c)(1)(B) of such section 119 is amended by striking ``(42 U.S.C. 1395w-23(f))'' and all that follows through the period at the end and inserting ``(42 U.S.C. 1395w-23(f)), to the Administration on Aging-- ``(i) for fiscal year 2009, of $5,000,000; and ``(ii) for fiscal year 2010, of $6,000,000. Amounts appropriated under this subparagraph shall remain available until expended.''. (d) Additional Funding for Contract With the National Center for Benefits and Outreach Enrollment.--Subsection (d)(2) of such section 119 is amended by striking ``(42 U.S.C. 1395w-23(f))'' and all that follows through the period at the end and inserting ``(42 U.S.C. 1395w-23(f)), to the Administration on Aging-- ``(i) for fiscal year 2009, of $5,000,000; and ``(ii) for fiscal year 2010, of $2,000,000. Amounts appropriated under this subparagraph shall remain available until expended.''. SEC. 821. FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS. Section 501(c)(1)(A)(iii) of the Social Security Act (42 U.S.C. 701(c)(1)(A)(iii)) is amended by striking ``fiscal year 2009'' and inserting ``each of fiscal years 2009 through 2011''. SEC. 822. IMPLEMENTATION FUNDING. For purposes of carrying out the provisions of, and amendments made by, this title that relate to titles XVIII and XIX of the Social Security Act, there are appropriated to the Secretary of Health and Human Services for the Centers for Medicare & Medicaid Services Program Management Account, from amounts in the general fund of the Treasury not otherwise appropriated, $100,000,000. Amounts appropriated under the preceding sentence shall remain available until expended. SEC. 823. STATE COURT IMPROVEMENT PROGRAM. Section 438 of the Social Security Act (42 U.S.C. 629h) is amended-- (1) in subsection (c)(2)(A), by striking ``2010'' and inserting ``2011''; and (2) in subsection (e), by striking ``2010'' and inserting ``2011''. SEC. 824. EXTENSION OF GAINSHARING DEMONSTRATION. (a) In General.--Subsection (d)(3) of section 5007 of the Deficit Reduction Act of 2005 (Public Law 109-171) is amended by inserting ``(or 21 months after the date of the enactment of the American Workers, State, and Business Relief Act of 2010, in the case of a demonstration project in operation as of October 1, 2008)'' after ``December 31, 2009''. (b) Funding.-- (1) In general.--Subsection (f)(1) of such section is amended by inserting ``and for fiscal year 2010, $1,600,000,'' after ``$6,000,000,''. (2) Availability.--Subsection (f)(2) of such section is amended by striking ``2010'' and inserting ``2014 or until expended''. (c) Reports.-- (1) Quality improvement and savings.--Subsection (e)(3) of such section is amended [[Page 2300]] by striking ``December 1, 2008'' and inserting ``18 months after the date of the enactment of the American Workers, State, and Business Relief Act of 2010''. (2) Final report.--Subsection (e)(4) of such section is amended by striking ``May 1, 2010'' and inserting ``42 months after the date of the enactment of the American Workers, State, and Business Relief Act of 2010''. SEC. 825. REVISION TO THE MEDICARE IMPROVEMENT FUND. Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)), as amended by section 1011(b) of the Department of Defense Appropriations Act, 2010 (Public Law 111-118), is amended-- (1) in subparagraph (A), by striking ``$20,740,000,000'' and inserting ``$2,940,000,000''; and (2) in subparagraph (B), by striking ``$550,000,000'' and inserting ``$4,550,000,000''. ______ SA 3353. Mr. SANDERS (for himself, Mr. Dodd, Mr. Whitehouse, Mr. Leahy, and Mrs. Gillibrand) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follow: On page 268, between lines 11 and 12, insert the following: SEC. __. EXTENSION AND MODIFICATION OF CERTAIN ECONOMIC RECOVERY PAYMENTS. (a) Short Title.--This section may be cited as the ``Emergency Senior Citizens Relief Act of 2010''. (b) Extension and Modification of Payments.--Section 2201 of the American Recovery and Reinvestment Tax Act of 2009 is amended-- (1) in subsection (a)(1)(A)-- (A) by inserting ``for each of calendar years 2009 and 2010'' after ``shall disburse'', (B) by inserting ``(for purposes of payments made for calendar year 2009), or the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of the Emergency Senior Citizens Relief Act of 2010 (for purposes of payments made for calendar year 2010)'' after ``the date of the enactment of this Act'', and (C) by adding at the end the following new sentence: ``In the case of an individual who is eligible for a payment under the preceding sentence by reason of entitlement to a benefit described in subparagraph (B)(i), no such payment shall be made to such individual for calendar year 2010 unless such individual was paid a benefit described in such subparagraph (B)(i) for any month in the 12-month period ending with the month which ends prior to the month that includes the date of the enactment of the Emergency Senior Citizens Relief Act of 2010.'', (2) in subsection (a)(1)(B)(iii), by inserting ``(for purposes of payments made under this paragraph for calendar year 2009), or the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of the Emergency Senior Citizens Relief Act of 2010 (for purposes of payments made under this paragraph for calendar year 2010)'' before the period at the end, (3) in subsection (a)(2)-- (A) by inserting ``, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address'' after ``Northern Mariana Islands'', and (B) by striking ``current address of record'' and inserting ``address of record, as of the date of certification under subsection (b) for a payment under this section'', (4) in subsection (a)(3)-- (A) by inserting ``per calendar year (determined with respect to the calendar year for which the payment is made, and without regard to the date such payment is actually paid to such individual)'' after ``only 1 payment under this section'', and (B) by inserting ``for the same year'' after ``payments'' in the heading thereof, (5) in subsection (a)(4)-- (A) by inserting ``(or, in the case of subparagraph (D), shall not be due)'' after ``made'' in the matter preceding subparagraph (A), (B) by striking subparagraph (A) and inserting the following: ``(A) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if-- ``(i) for the most recent month of such individual's entitlement in the applicable 3-month period described in paragraph (1); or ``(ii) for any month thereafter which is before the month after the month of the payment; such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 of the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a);'', (C) in subparagraph (B), by striking ``3 month period'' and inserting ``applicable 3-month period'', (D) by striking subparagraph (C) and inserting the following: ``(C) in the case of an individual entitled to a benefit specified in paragraph (1)(C) if-- ``(i) for the most recent month of such individual's eligibility in the applicable 3-month period described in paragraph (1); or ``(ii) for any month thereafter which is before the month after the month of the payment; such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or'', (E) by striking subparagraph (D) and inserting the following: ``(D) in the case of any individual whose date of death occurs-- ``(i) before the date of the receipt of the payment; or ``(ii) in the case of a direct deposit, before the date on which such payment is deposited into such individual's account.'', (F) by adding at the end the following flush sentence: ``In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person.'', and (G) by adding at the end, as amended by subparagraph (F), the following new sentence: ``Subparagraphs (A)(ii) and (C)(ii) shall apply only in the case of certifications under subsection (b) which are, or but for this paragraph would be, made after the date of the enactment of Emergency Senior Citizens Relief Act of 2010, and shall apply to such certifications without regard to the calendar year of the payments to which such certifications apply.''. (6) in subsection (a)(5)-- (A) by inserting ``, in the case of payments for calendar year 2009, and no later than 120 days after the date of the enactment of the Emergency Senior Citizens Relief Act of 2010, in the case of payments for calendar year 2010'' before the period at the end of the first sentence of subparagraph (A), and (B) by striking subparagraph (B) and inserting the following: ``(B) Deadline.--No payment for calendar year 2009 shall be disbursed under this section after December 31, 2010, and no payment for calendar year 2010 shall be disbursed under this section after December 31, 2011, regardless of any determinations of entitlement to, or eligibility for, such payment made after whichever of such dates is applicable to such payment.'', (7) in subsection (b), by inserting ``(except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs), and no individual shall be certified to receive a payment under this section for a calendar year if such individual has at any time been denied certification for such a payment for such calendar year by reason of subparagraph (A)(ii) or (C)(ii) of subsection (a)(4) (unless such individual is subsequently determined not to have been an individual described in either such subparagraph at the time of such denial)'' before the period at the end of the last sentence, (8) in subsection (c), by striking paragraph (4) and inserting the following: ``(4) Payments subject to offset and reclamation.-- Notwithstanding paragraph (3), any payment made under this section-- ``(A) shall, in the case of a payment by direct deposit which is made after the date of the enactment of the Emergency Senior Citizens Relief Act of 2010, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and ``(B) shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1), and all amounts paid shall be subject to offset under such section 3716 to collect delinquent debts.'', (9) in subsection (e)-- (A) by striking ``2011'' and inserting ``2012'', (B) by inserting ``section ___(c) of the Emergency Senior Citizens Relief Act of 2010,'' after ``section 2202,'' in paragraph (1), and (C) by adding at the following new paragraph: ``(5)(A) For the Secretary of the Treasury, an additional $5,200,000 for purposes described in paragraph (1). ``(B) For the Commissioner of Social Security, an additional $5,000,000 for the purposes described in paragraph (2)(B). ``(C) For the Railroad Retirement Board, an additional $600,000 for the purposes described in paragraph (3)(B). ``(D) For the Secretary of Veterans Affairs, an additional $625,000 for the Information Systems Technology account''. (c) Extension of Special Credit for Certain Government Retirees.-- (1) In general.--In the case of an eligible individual (as defined in section 2202(b) of the American Recovery and Reinvestment Tax Act of 2009, applied by substituting ``2010'' for ``2009''), with respect to the first taxable year of such individual beginning in 2010, section 2202 of the American Recovery and Reinvestment Tax Act of 2009 shall be [[Page 2301]] applied by substituting ``2010'' for ``2009'' each place it appears. (2) Conforming amendment.--Subsection (c) of section 36A of the Internal Revenue Code of 1986 is amended by inserting ``, and any credit allowed to the taxpayer under section ___(c)(1) of the Emergency Senior Citizens Relief Act of 2010'' after ``the American Recovery and Reinvestment Tax Act of 2009''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Application of rule relating to deceased individuals.-- The amendment made by subsection (a)(5)(F) shall take effect as if included in section 2201 of the American Recovery and Reinvestment Tax Act of 2009. (e) Emergency Designation.--For purposes of Senate enforcement, this section is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 403 of S. Con Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. ______ SA 3354. Mr. WHITEHOUSE (for himself, Mr. Schumer, and Mr. Bingaman) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: On page 269, after line 6, insert the following: SEC. 801. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This title may be cited as the ``Energy Efficiency in Housing Act of 2010''. (b) Table of Contents.--The table of contents for this title is as follows: Sec. 801. Short title and table of contents. Sec. 802. Findings and purposes. Sec. 803. Definitions. Sec. 804. Implementation of energy efficiency participation incentives for HUD programs. Sec. 805. Incentives for energy efficient mortgages and location efficient mortgages. Sec. 806. Mortgage incentives for energy efficient multifamily housing. Sec. 807. Energy efficiency and conservation demonstration program for multifamily housing projects assisted with project-based rental assistance. Sec. 808. Additional credit for Fannie Mae and Freddie Mac housing goals for energy efficient mortgages. Sec. 809. Duty to serve underserved markets for energy efficient and location efficient mortgages. Sec. 810. Consideration of energy efficiency under FHA mortgage insurance programs and Native American and Native Hawaiian loan guarantee programs. Sec. 811. Energy efficient mortgages education and outreach campaign. Sec. 812. Collection of information on energy efficient and location efficient mortgages through Home Mortgage Disclosure Act. Sec. 813. Energy efficiency certifications for housing with mortgages insured by FHA. Sec. 814. Assisted housing energy loan pilot program. Sec. 815. HOPE VI green developments requirement. Sec. 816. Consideration of energy efficiency improvements in appraisals. Sec. 817. Additional requirements for the Housing Assistance Council. Sec. 818. Rural housing and economic development assistance. Sec. 819. Revolving fund for loans to States and Indian tribes to carry out renewable energy sources activities. Sec. 820. Competitive grant program to increase sustainable low-income community development capacity. Sec. 821. Insurance coverage for loans for financing of renewable energy systems leased for residential use. Sec. 822. Green banking centers. Sec. 823. GAO reports on availability of affordable mortgages. Sec. 824. Public housing energy cost report. SEC. 802. FINDINGS AND PURPOSES. (a) Congressional Findings.--The Congress finds that-- (1) making the United States energy efficient is essential for enhancing national security, fighting climate change, and creating jobs; (2) unchecked use of energy resources poses a significant threat to the national security, economy, public health, and welfare of the people of the United States, the well-being of other nations, and the global environment; (3) prompt, decisive action is critical to encourage energy efficiency and conservation and the development of renewable energy sources for housing, commercial structures, and other buildings, and to create sustainable communities; and (4) it is possible and desirable to reduce energy consumption in the United States while employing-- (A) cost containment measures; (B) periodic review of requirements; (C) an aggressive program for deploying advanced energy technology; and (D) programs to assist low- and middle-income energy consumers. (b) Purposes.--The purposes of this title are-- (1) to encourage the use of energy efficiency and conservation methods in Federal housing programs; (2) to expand the use of energy efficient mortgages; (3) to provide for the development and installation of renewable energy sources for housing, commercial structures, and other buildings; (4) to create sustainable communities; (5) to support the creation of a stable ``green jobs'' sector by increasing demand for energy efficient products and professionals with expertise in green building standards; and (6) to achieve these goals while preserving the development, benefits, and affordability of Federal housing programs. SEC. 803. DEFINITIONS. In this title, the following definitions shall apply: (1) Energy audit.--The term ``energy audit'' means an investment grade energy audit conducted for purposes of paragraph (2)(B)(iii), in accordance with such standards as the Secretary shall establish, after optional consultation with any advisory committee established pursuant to section 807(c)(2) of this title. (2) Enhanced energy efficiency standards.--The term ``enhanced energy efficiency standards'' means any one of the following: (A) Green building standards.--Green building standards, as that term is defined in paragraph (3). (B) Residential structures.--In the case of a residential single family or multifamily structure, standards established by the Secretary, by regulation, that-- (i) impose requirements additional to, or more stringent than, minimum energy efficiency standards, as that term is defined in paragraph (6); (ii) in the case of a newly constructed structure, are identical to the Energy Star standards established by the Environmental Protection Agency, or any successor thereto adopted by the Secretary by regulation; (iii) in the case of an existing structure, require a reduction in energy consumption from the previous level of consumption for the structure, as determined in accordance with energy audits performed both before and after any rehabilitation or improvements undertaken to reduce such consumption, that exceeds the reduction necessary for compliance with minimum energy efficiency standards. (C) Nonresidential structures.--In the case of a nonresidential structure, include such energy efficiency and conservation requirements, standards, checklists, or rating systems for nonresidential structures as the Secretary determines are necessary. (3) Green building standards.--The term ``green building standards'' means systems and standards for residential and nonresidential structures that are established or adopted by the Secretary, by regulation, and that-- (A) require the use of sustainable design principles to-- (i) reduce the use of nonrenewable resources; (ii) encourage energy efficient construction and rehabilitation and the use of renewable energy resources; (iii) minimize the impact of development on the environment; (iv) improve indoor air quality; (v) maximize water conservation; and (vi) encourage the selection of building materials that reduce adverse impacts on the environment; (B) impose requirements additional to, or more stringent than, minimum energy efficiency standards, as that term is defined in paragraph (6); (C) include-- (i) the national Green Communities criteria checklist for residential construction, which provides criteria for the design, development, and operation of affordable housing, or any successor thereto adopted by the Secretary by regulation; (ii) the Leadership in Energy and Environmental Design (LEED) certification for new construction, the LEED for Homes rating system, the LEED for Core and Shell rating system, as applicable, or any successors thereto adopted by the Secretary by regulation; (iii) the Green Globes assessment and rating system of the Green Building Initiative; (iv) in the case of manufactured housing, the Energy Star standards established by the Environmental Protection Agency with respect to fixtures, appliances, and equipment in such housing, or any successor thereto adopted by the Secretary by regulation; (v) the National Green Building Standard, only-- (I) if such standard is ratified under the American National Standards Institute process; [[Page 2302]] (II) upon expiration of the 180-day period beginning upon such ratification; and (III) if, during such 180-day period, the Secretary does not reject the applicability of such standard for purposes of this paragraph; and (vi) any other requirement, standard, checklist, or rating system for green building or sustainability that the Secretary-- (I) determines is necessary for a specific type of residential single family or multifamily structure; or (II) may determine to adopt or apply not later than 180 days after the date of receipt of any written request, made in such form as the Secretary shall provide, for such adoption and application; and (D) may be waived by the Secretary, if the Secretary determines that waiver of such regulations would promote enhanced energy efficiency or conservation. (4) HUD.--The term ``HUD'' means the Department of Housing and Urban Development. (5) HUD assistance.--The term ``HUD assistance'' means financial assistance that is awarded, competitively or noncompetitively, allocated by formula, or provided by HUD through loan insurance or guarantee. (6) Minimum energy efficiency standards.-- (A) In general.--The term ``minimum energy efficiency standards'' has the meaning given that term by regulations of the Secretary. (B) Regulations for residential structures.--Regulations issued by the Secretary under subparagraph (A) shall, in the case of a residential single family or multifamily structure-- (i) require the structure to comply with the applicable provisions of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1-2007, or any successor thereto adopted by the Secretary, by regulation; (ii) require the structure to comply with the applicable provisions of the 2009 International Energy Conservation Code, or any successor thereto adopted by the Secretary, by regulation; (iii) in the case of an existing structure-- (I) where the Secretary determines such action is cost effective, require-- (aa) the structure to have undergone rehabilitation or improvements that are completed after the date of enactment of this title; and (bb) the energy consumption for the structure to have been reduced by not less than 20 percent from the previous level of consumption, as determined in accordance with energy audits performed both before and after any rehabilitation or improvements undertaken to reduce such consumption; (II) if the structure has 4 stories or more, require the structure to demonstrate a 20 percent improvement in the proposed building performance rating when compared to a baseline building performance rating resulting from a whole building project simulation conducted in accordance with the Building Performance Rating Method in Appendix G of American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1-2004, or any successor thereto adopted by the Secretary, by regulation; and (III) if the structure has fewer than 4 stories, require the structure to demonstrate, by modeling based on the Home Energy Rating System Index of the Residential Energy Services Network, a 20 percent improvement in the proposed building performance rating; and (iv) require the structure to comply with any provisions of such other energy efficiency requirements, standards, checklists, or ratings systems as the Secretary determines are necessary for a specific type of residential single family or multifamily structure; and (C) Regulations for nonresidential structures.--Regulations issued by the Secretary under subparagraph (a) shall, in the case of a nonresidential structure that is constructed or rehabilitated with HUD assistance-- (i) require the structure to be not less than 30 percent more energy efficient than required by local residential and commercial building codes regarding energy efficiency; and (ii) require the structure to comply with such additional energy efficiency requirements, standards, checklists, or rating systems as the Secretary determines are applicable to nonresidential structures. (7) Nonresidential structures.--The term ``nonresidential structures'' means only nonresidential structures that are appurtenant to single family or multifamily housing residential structures, or those that are funded by the Secretary through the HUD Community Development Block Grant program established under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). (8) Secretary.--The term ``Secretary'', unless otherwise specified, means the Secretary of Housing and Urban Development. SEC. 804. IMPLEMENTATION OF ENERGY EFFICIENCY PARTICIPATION INCENTIVES FOR HUD PROGRAMS. Not later than 180 days after the date of enactment of this title, the Secretary shall issue such regulations as may be necessary to establish annual energy efficiency participation incentives to encourage participants in programs administered by the Secretary, including recipients under programs for which HUD assistance is provided, to achieve substantial improvements in energy efficiency. SEC. 805. INCENTIVES FOR ENERGY EFFICIENT MORTGAGES AND LOCATION EFFICIENT MORTGAGES. (a) In General.--The Secretary shall establish budget- neutral incentives for encouraging lenders to make, and homebuyers and homeowners to participate in, energy efficient mortgages and location efficient mortgages. (b) Incentives.--The incentives required under subsection (a) may include-- (1) fee reductions; (2) fee waivers; (3) interest rate reductions; and (4) adjustment of mortgage qualifications. (c) Additional Consideration.--In establishing the incentives required under subsection (a), the Secretary shall consider the lower risk of default on energy efficient mortgages and location efficient mortgages in comparison to mortgages that are not energy efficient or location efficient. (d) Definitions.--The terms ``energy efficient mortgage'' and ``location efficient mortgage'' have the same meaning as in section 1335(e) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4565(e)) (as added by section 808 of this title). SEC. 806. MORTGAGE INCENTIVES FOR ENERGY EFFICIENT MULTIFAMILY HOUSING. (a) In General.--The Secretary shall establish-- (1) incentives for increasing the energy efficiency of multifamily housing that is subject to a mortgage to be insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) so that such housing meets minimum energy standards; and (2) incentives to encourage compliance of such housing with enhanced energy efficiency standards, to the extent that such incentives are based on the impact that savings on utility costs have on the operating costs of the housing, as determined by the Secretary. (b) Incentives.--The incentives required under subsection (a) may include, for any such multifamily housing that meets minimum energy efficiency standards-- (1) providing a discount on the chargeable premiums for the mortgage insurance for such housing from the amount otherwise chargeable for such mortgage insurance; (2) allowing mortgages to exceed the dollar amount limits otherwise applicable under law to the extent such additional amounts are used to finance improvements or measures designed to meet the standards referred to in subsection (a); and (3) reducing the amount that the owner of such multifamily housing is required to contribute. SEC. 807. ENERGY EFFICIENCY AND CONSERVATION DEMONSTRATION PROGRAM FOR MULTIFAMILY HOUSING PROJECTS ASSISTED WITH PROJECT-BASED RENTAL ASSISTANCE. (a) Authority.-- (1) In general.--For multifamily housing projects for which project-based rental assistance is provided under a covered multifamily assistance program, the Secretary shall, subject to the availability of amounts provided in advance in appropriation Acts, carry out a program to demonstrate the effectiveness of funding a portion of the costs of meeting enhanced energy efficiency standards. (2) Indian housing.--At the discretion of the Secretary, the demonstration program required under paragraph (1) may include incentives for housing that is assisted with Indian housing block grants provided pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), but only to the extent that such inclusion does not violate such Act, regulations promulgated pursuant to such Act, and the goal of such Act of tribal self-determination. (b) Goals.--The demonstration program under this section shall be carried out in a manner that-- (1) protects the financial interests of the Federal Government; (2) reduces the proportion of funds provided by the Federal Government and by owners and residents of multifamily housing projects that are used for costs of utilities for such projects; (3) encourages energy efficiency and conservation by owners and residents of multifamily housing projects and installation of renewable energy improvements, such as improvements providing for use of solar, wind, geothermal, or biomass energy sources; (4) creates incentives for project owners to carry out such energy efficiency renovations and improvements by allowing a portion of the savings in operating costs resulting from such renovations and improvements to be retained by the project owner, notwithstanding otherwise applicable limitations on dividends; (5) allows project owners and tenants to share the savings in operating costs resulting from such renovations and improvements in accordance with an appropriate ratio; [[Page 2303]] (6) promotes the installation, in existing residential buildings, of energy efficient and cost-effective improvements and renewable energy improvements, such as improvements providing for use of solar, wind, geothermal, or biomass energy sources; (7) tests the efficacy of a variety of energy efficiency measures for multifamily housing projects of various sizes and in various geographic locations; (8) tests methods for addressing the various, and often competing, incentives that impede owners and residents of multifamily housing projects from working together to achieve energy efficiency or conservation; and (9) creates a database of energy efficiency and conservation, and renewable energy, techniques, energy savings management practices, and energy efficiency and conservation financing vehicles. (c) Approaches.--In carrying out the demonstration program under this section, the Secretary may take the following actions: (1) Enter into agreements with the Building America Program of the Department of Energy and other consensus committees under which such programs, partnerships, or committees assume some or all of the functions, obligations, and benefits of the Secretary with respect to energy savings. (2) Establish advisory committees to advise the Secretary and any such third party partners on technological and other developments in the area of energy efficiency and the creation of an energy efficiency and conservation credit facility and other financing opportunities that-- (A) include representatives of homebuilders, realtors, architects, nonprofit housing organizations, environmental protection organizations, renewable energy organizations, State housing finance agencies, and advocacy organizations for low-income individuals, the elderly, and persons with disabilities; and (B) are not subject to the Federal Advisory Committee Act (5 U.S.C. App.). (3) Develop a competitive process for the award of such additional assistance for multifamily housing projects seeking to implement energy efficiency, renewable energy sources, or conservation measures. (4) Waive or modify any existing Federal regulatory provision that would otherwise impair the implementation or effectiveness of the demonstration program under this section, including provisions relating to methods for rent adjustments, comparability standards, maximum rent schedules, and utility allowances. Notwithstanding the preceding provisions of this paragraph, the Secretary may not waive any statutory requirement relating to fair housing, nondiscrimination, labor standards, or the environment, except pursuant to existing authority to waive nonstatutory environmental and other applicable requirements. (d) Requirement.--During the 4-year period beginning 12 months after the date of enactment of this title, the Secretary shall carry out demonstration programs under this section with respect to not fewer than 50,000 dwelling units. (e) Selection.-- (1) Scope.-- (A) In general.--In order to provide a broad and representative profile for use in designing a program which can become operational and effective nationwide, the Secretary shall carry out the demonstration program under this section with respect to dwelling units located in a wide variety of geographic areas and project types assisted by the various covered multifamily assistance programs and using a variety of energy efficiency and conservation and funding techniques to reflect differences in climate, types of dwelling units, technical and scientific methodologies, and financing options. (B) Indian lands.--The Secretary shall ensure that the geographic areas included in the demonstration program under this section include dwelling units on Indian lands (as that term is defined in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501)), to the extent that dwelling units on Indian land have the type of residential structures that are the focus of the demonstration program. (2) Priority.--The Secretary shall provide priority for selection for participation in the program under this section based on the extent to which, as a result of assistance provided, the project will meet minimum energy efficiency standards or enhanced energy efficiency standards. (f) Use of Existing Partnerships.--To the extent feasible, the Secretary shall-- (1) utilize the Partnership for Advancing Technology in Housing of the Department of Housing and Urban Development to assist in carrying out the requirements of this section and to provide education and outreach regarding the demonstration program authorized under this section; and (2) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of the Army regarding utilizing the Building America Program of the Department of Energy, the Energy Star Program, and the Army Corps of Engineers, respectively, to determine the manner in which such programs might assist in carrying out the goals of this section and providing education and outreach regarding the demonstration program authorized under this section. (g) Reports.-- (1) Annual report.--Not later than 2 years after the date of enactment of this title, and for each year thereafter during the term of the demonstration program, the Secretary shall submit to Congress a report that describes and assesses the demonstration program under this section. (2) Final report.--Not later than 6 months after the expiration of the 4-year period described in subsection (d), the Secretary shall submit to Congress a final report assessing the demonstration program that-- (A) assesses the potential for expanding the demonstration program on a nationwide basis; and (B) includes descriptions of-- (i) the size of each multifamily housing project for which assistance was provided under the program; (ii) the geographic location of each project assisted, by State and region; (iii) the criteria used to select the projects for which assistance is provided under the program; (iv) the energy efficiency and conservation measures and financing sources used for each project that is assisted under the program; (v) the difference, before and during participation in the demonstration program, in the amount of the monthly assistance payments under the covered multifamily assistance program for each project assisted under the program; (vi) the average length of the term of the assistance provided under the program for a project; (vii) the aggregate amount of savings generated by the demonstration program and the amount of savings expected to be generated by the program over time on a per-unit and aggregate program basis; (viii) the functions performed in connection with the implementation of the demonstration program that were transferred or contracted out to any third parties; (ix) an evaluation of the overall successes and failures of the demonstration program; and (x) recommendations for any actions to be taken as a result of such successes and failures. (3) Contents.--Each annual report pursuant to paragraph (1) and the final report pursuant to paragraph (2) shall include-- (A) a description of the status of each multifamily housing project selected for participation in the demonstration program under this section; and (B) findings from the program and recommendations for any legislative actions. (h) Covered Multifamily Assistance Program.--For purposes of this section, the term ``covered multifamily assistance program'' means-- (1) the program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for project-based rental assistance; (2) the program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for assistance for supportive housing for the elderly; (3) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) for supportive housing for persons with disabilities; and (4) the program for assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year in which the demonstration program under this section is carried out. (j) Regulations.--Not later than 180 days after the date of enactment of this title, the Secretary shall issue any regulations necessary to carry out this section. SEC. 808. ADDITIONAL CREDIT FOR FANNIE MAE AND FREDDIE MAC HOUSING GOALS FOR ENERGY EFFICIENT MORTGAGES. Section 1336(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 4566(a)) is amended-- (1) in paragraph (2), by striking ``paragraph (5)'' and inserting ``paragraphs (5) and (6)''; and (2) by adding at the end the following: ``(6) Additional energy efficiency credit.-- ``(A) In general.--In assigning credit toward achievement under this section of the housing goals for mortgage purchase activities of the enterprises, the Director shall assign-- ``(i) more than 125 percent credit, for purchases that-- ``(I) comply with the requirements of such goals; and ``(II) support housing that meets minimum energy efficiency standards, as that term is defined in section 803 of the Energy Efficiency in Housing Act of 2010; and ``(ii) credit in addition to credit under clause (i), for purchases that-- ``(I) comply with the requirements of such goals; and ``(II) support housing that complies with enhanced energy efficiency standards, as that term is defined in section 803 of such Act. ``(B) Treatment of additional credit.--The availability of additional credit under this paragraph shall not be used to increase [[Page 2304]] any housing goal, subgoal, or target established under this subpart.''. SEC. 809. DUTY TO SERVE UNDERSERVED MARKETS FOR ENERGY EFFICIENT AND LOCATION EFFICIENT MORTGAGES. Section 1335 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4565) is amended-- (1) in subsection (a)(1), by adding at the end the following: ``(D) Markets for energy efficient and location efficient mortgages.-- ``(i) Duty.--Except as provided in clause (ii), the enterprise shall develop loan products and flexible underwriting guidelines to facilitate a secondary market for energy efficient and location efficient mortgages on housing for very low-, low-, and moderate-income families, and for second and junior mortgages made for purposes of energy efficiency or renewable energy improvements. ``(ii) Authority to suspend.--Notwithstanding any other provision of this section, the Director may suspend the applicability of the requirement under clause (i) with respect to an enterprise, for such period as is necessary, if the Director determines that exigent circumstances exist and such suspension is appropriate to ensure the safety and soundness of the portfolio holdings of the enterprise.''; (2) by adding at the end the following: ``(e) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Energy efficient mortgage.--The term `energy efficient mortgage' means a mortgage loan under which the income of the borrower, for purposes of qualification for such loan, is considered to be increased by-- ``(A) not less than $1 for each $1 of savings projected to be realized by the borrower as a result of cost-effective energy saving design, construction, or improvements (including use of renewable energy sources, such as solar, geothermal, biomass, and wind, superinsulation, energy-saving windows, insulating glass and film, and radiant barrier) for the home for which the loan is made; or ``(B) a ratio of income to savings determined by the Director. ``(2) Location efficient mortgage.--The term `location efficient mortgage' means a mortgage loan under which-- ``(A) the income of the borrower, for purposes of qualification for such loan, is considered to be increased by-- ``(i) not less than $1 for each $1 of savings projected to be realized by the borrower because the location of the home for which the loan is made will result in decreased transportation costs for the household of the borrower; or ``(ii) a ratio of income to savings determined by the Director; or ``(B) the sum of the principal, interest, taxes, and insurance due under the mortgage loan is decreased by-- ``(i) not less than $1 for each $1 of savings projected to be realized by the borrower because the location of the home for which loan is made will result in decreased transportation costs for the household of the borrower; or ``(ii) a ratio of principal, interest, taxes, and insurance due under the mortgage to savings projected to be realized by the borrower determined by the Director.''. SEC. 810. CONSIDERATION OF ENERGY EFFICIENCY UNDER FHA MORTGAGE INSURANCE PROGRAMS AND NATIVE AMERICAN AND NATIVE HAWAIIAN LOAN GUARANTEE PROGRAMS. (a) FHA Mortgage Insurance.-- (1) Requirement.--Title V of the National Housing Act is amended by adding after section 542 (12 U.S.C. 1735f-20) the following: ``SEC. 543. CONSIDERATION OF ENERGY EFFICIENCY. ``(a) Underwriting Standards.--In establishing underwriting standards for mortgages on single family housing that meets minimum energy efficiency standards, as that term is defined in section 803 of the Energy Efficiency in Housing Act of 2010, that are insured under this Act, the Secretary shall consider the impact that savings on utility costs has on the income of the mortgagor. ``(b) Goal.--It is the sense of the Congress that, in carrying out this Act, the Secretary should endeavor to insure mortgages on single family housing that meets minimum energy efficiency standards, as that term is defined in section 803 of the Energy Efficiency in Housing Act of 2010, such that at least 50,000 such mortgages are insured during the period beginning on the date of enactment of such Act and ending on December 31, 2012.''. (2) Reporting on defaults.--Section 540(b)(2) of the National Housing Act (12 U.S.C. 1735f-18(b)(2)) is amended by adding at the end the following: ``(C) With respect to each collection period that commences after December 31, 2011-- ``(i) the total number of mortgages on single family housing that meets minimum energy efficiency standards, as that term is defined in section 803 of the Energy Efficiency in Housing Act of 2010, that are insured by the Secretary during the applicable collection period; ``(ii) the number of defaults and foreclosures occurring on such mortgages during such period; ``(iii) the percentage of the total of such mortgages insured during such period on which defaults and foreclosure occurred; and ``(iv) the rate for such period of defaults and foreclosures on such mortgages compared to the overall rate for such period of defaults and foreclosures on mortgages for single family housing insured under this Act by the Secretary.''. (b) Indian Housing Loan Guarantees.-- (1) Requirement.--Section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a) is amended-- (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following: ``(l) Consideration of Energy Efficiency.--The Secretary shall establish a method to consider, in its underwriting standards for loans for single family housing that meet minimum energy efficiency standards, as that term is defined in section 803 of the Energy Efficiency in Housing Act of 2010, that are guaranteed under this section, the impact that savings on utility costs has on the portion of the income of the borrower that is available to service the mortgage debt.''. (2) Reporting on defaults.--Section 540(b)(2) of the National Housing Act (12 U.S.C. 1735f-18(b)(2)), as amended by subsection (a)(2) of this section, is amended by adding at the end the following: ``(D) With respect to each collection period that commences after December 31, 2011-- ``(i) the total number of loans guaranteed under section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a) for single family housing that meets enhanced energy efficiency standards, as that term is defined in section 803 of the Energy Efficiency in Housing Act of 2010, that are guaranteed by the Secretary during the applicable collection period; ``(ii) the number of defaults and foreclosures that occur on such loans during such period; ``(iii) the percentage of the total number of such loans guaranteed during such period on which defaults and foreclosures occurred; and ``(iv) the rate for such period of defaults and foreclosures on such loans compared to the overall rate for such period of defaults and foreclosures on loans for single family housing guaranteed under section 184 of such Act.''. (c) Native Hawaiian Housing Loan Guarantees.-- (1) Requirement.--Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b) is amended by adding at the end the following: ``(m) Energy Efficient Housing Requirement.--The Secretary shall establish a method to consider, in its underwriting standards for loans for single family housing that meets minimum energy efficiency standards, as that term is defined in section 803 of the Energy Efficiency in Housing Act of 2010, that are guaranteed under this section, the impact that savings on utility costs have on the income of the borrower.''. (2) Reporting on defaults.--Section 540(b)(2) of the National Housing Act (12 U.S.C. 1735f-18(b)(2)), as amended by the preceding provisions of this section, is amended by adding at the end the following: ``(E) With respect to each collection period that commences after December 31, 2011-- ``(i) the total number of loans guaranteed under section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b) on single family housing that meets enhanced energy efficiency standards, as that term is defined in section 803 of the Energy Efficiency in Housing Act of 2010, that are guaranteed by the Secretary during the applicable collection period; ``(ii) the number of defaults and foreclosures occurring on such loans during such period; ``(iii) the percentage of the total of such loans guaranteed during such period on which defaults and foreclosures occurred; and ``(iv) the rate for such period of defaults and foreclosures on such loans compared to the overall rate for such period of defaults and foreclosures on loans for single family housing guaranteed under such section 184A.''. SEC. 811. ENERGY EFFICIENT MORTGAGES EDUCATION AND OUTREACH CAMPAIGN. Section 513 of the Housing and Community Development Act of 1992 (12 U.S.C. 1701z-16 note) is amended by adding at the end the following: ``(g) Education and Outreach Campaign.-- ``(1) Development of energy efficient mortgage outreach program.-- ``(A) Commission.--The Secretary, in consultation and coordination with the Secretary of Energy, the Secretary of Education, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency, shall establish a commission to develop and recommend model mortgage products and underwriting guidelines that provide market-based incentives to prospective home buyers, lenders, and sellers to incorporate energy efficiency upgrades in new mortgage loan transactions. ``(B) Report.--Not later than 24 months after the date of enactment of this subsection, the Secretary shall submit to Congress a written report on the results of work [[Page 2305]] of the commission established pursuant to subparagraph (A) and that identifies model mortgage products and underwriting guidelines that may encourage energy efficiency. ``(2) Implementation.-- ``(A) In general.--After submission of the report under paragraph (1)(B), the Secretary, in consultation and coordination with the Secretary of Energy, the Secretary of Education, and the Administrator of the Environmental Protection Agency, shall carry out a public awareness, education, and outreach campaign based on the findings of the commission established pursuant to paragraph (1) to inform and educate residential lenders and prospective borrowers regarding the availability, benefits, advantages, and terms of-- ``(i) energy efficient mortgages made available pursuant to this section; ``(ii) energy efficient mortgages that meet the requirements of section 1334A of this Act; and ``(iii) other mortgages, including mortgages for multifamily housing, that have energy improvement features. ``(B) Contracting.--The Secretary may enter into a contract with an appropriate entity to publicize and market such mortgages through appropriate media. ``(3) Renewable energy home product expositions.--It is the sense of Congress that the Secretary of Housing and Urban Development should work with appropriate entities to organize and hold renewable energy expositions that provide an opportunity for the public to view and learn about renewable energy products for the home that are currently on the market. ``(4) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000 for each of fiscal years 2010 through 2013.''. SEC. 812. COLLECTION OF INFORMATION ON ENERGY EFFICIENT AND LOCATION EFFICIENT MORTGAGES THROUGH HOME MORTGAGE DISCLOSURE ACT. (a) In General.--Section 304(b)(1) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(1)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(5) the number and dollar amount of mortgage loans for single family housing and for multifamily housing that are energy efficient mortgages (as such term is defined in section 1334A of the Housing and Community Development Act of 1992); and ``(6) the number and dollar amount of mortgage loans for single family housing and for multifamily housing that are location efficient mortgages (as such term is defined in section 1334A of Housing and Community Development Act of 1992).''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to the first calendar year that begins after the expiration of the 30-day period beginning on the date of enactment of this title. SEC. 813. ENERGY EFFICIENCY CERTIFICATIONS FOR HOUSING WITH MORTGAGES INSURED BY FHA. Section 526 of the National Housing Act (12 U.S.C. 1735f- 4(a)) is amended-- (1) in subsection (a)-- (A) by striking ``, other than manufactured homes,'' each place that term appears; (B) by inserting after the period at the end the following: ``The energy performance requirements developed and established by the Secretary under this section for manufactured homes shall require Energy Star ratings for wall fixtures, appliances, and equipment in such homes.''; (C) by striking ``(a) To'' and inserting the following: ``(a) Energy Efficiency.-- ``(1) In general.--To''; and (D) by adding at the end the following: ``(2) Certification.--The Secretary shall require, with respect to any single family or multifamily residential housing subject to a mortgage insured under this Act, that any approval or certification of the housing for meeting any energy efficiency or conservation criteria, standards, or requirements pursuant to this title and any approval or certification required pursuant to this title with respect to energy conserving improvements or any renewable energy sources, such as wind, solar energy, geothermal, or biomass, shall be conducted only by an individual certified by a home energy rating system provider that has been accredited to conduct such ratings by the Home Energy Ratings System Council, the Residential Energy Services Network, or such other appropriate national organization, as the Secretary may provide, or by a licensed professional architect or engineer that has been accredited as a LEED Accredited Professional by the Green Building Certification Institute. If any organization makes a request to the Secretary for approval to accredit individuals to conduct energy efficiency or conservation ratings, the Secretary shall review and approve or disapprove such request not later than 6 months after receipt of such request. ``(3) Listing.--Each regional office of the Department of Housing and Urban Development shall maintain a list of individuals certified by a home energy rating system provider that has been accredited to conduct such ratings by the Home Energy Ratings System Council, the Residential Energy Services Network, or such other appropriate national organizations or professionals as the Secretary may designate. Such list shall indicate that home energy rating system providers accredited by the Residential Energy Services Network are preferred by the Department of Housing and Urban Development. ``(4) Periodic examination of method.--The Secretary shall periodically examine the method used to conduct inspections for compliance with the requirements under this section, analyze various other approaches for conducting such inspections, and review the costs and benefits of the current method compared with other methods.''; and (2) in subsection (b)-- (A) by striking ``, other than a manufactured home,''; and (B) by striking ``(b) The'' and inserting the following: ``(b) Health and Safety.--The''. SEC. 814. ASSISTED HOUSING ENERGY LOAN PILOT PROGRAM. (a) Authority.--Not later than 12 months after the date of enactment of this title, the Secretary shall develop and implement a pilot program to facilitate the financing of cost-effective capital improvements for covered assisted housing projects to improve the energy efficiency and conservation of such projects. (b) Number of Lenders.--The pilot program under this section shall involve not less than 3 and not more than 5 lenders. (c) Loans.--The pilot program under this section shall provide for a privately financed loan to be made for a covered assisted housing project that-- (1) finances capital improvements for the project that meet such requirements as the Secretary shall establish, and may involve contracts with third parties to perform such capital improvements, including the design of such improvements by licensed professional architects or engineers; (2) has a term to maturity that is-- (A) not more than 20 years; and (B) necessary to realize cost savings sufficient to repay such loan; (3) is secured by a mortgage subordinate to the mortgage for the project that is insured under title II of the National Housing Act; and (4) provides for a reduction in the remaining principal obligation under the loan based on the actual cost savings realized from the capital improvements financed with the loan. (d) Underwriting Standards.--The Secretary shall establish underwriting requirements for loans made under the pilot program under this section, which shall-- (1) require the cost savings projected to be realized from the capital improvements financed with the loan, during the term of the loan, to exceed the costs of repaying the loan; (2) allow the designer or contractor involved in designing capital improvements to be financed with a loan under the program to carry out such capital improvements; and (3) include such energy, audit, property, financial, ownership, and approval requirements as the Secretary considers appropriate. (e) Treatment of Savings.--The pilot program under this section shall provide that the financial benefit from any reduction in the cost of utilities resulting from capital improvements financed with a loan made under the program shall be shared between the project owner and the tenants in accordance with an appropriate ratio, as determined by the Secretary. (f) Covered Assisted Housing Projects.--For purposes of this section, the term ``covered assisted housing project'' means a housing project that-- (1) is financed by a loan or mortgage that is-- (A) insured by the Secretary under paragraph (3) or (4) of section 221(d) of the National Housing Act (12 U.S.C. 1715l(d)), and bears interest at a rate determined under the proviso of section 221(d)(5) of such Act; or (B) insured or assisted under section 236 of the National Housing Act (12 U.S.C. 1715z-1); (2) at the time a loan under this section is made, is provided project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for 50 percent or more of the dwelling units in the project; and (3) is not a housing project owned or held by the Secretary, or subject to a mortgage held by the Secretary. SEC. 815. HOPE VI GREEN DEVELOPMENTS REQUIREMENT. (a) Mandatory Component.--Section 24(e) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)) is amended by adding at the end the following: ``(4) Green developments requirement.-- ``(A) Requirement.--The Secretary may not make a grant under this section to an applicant unless the proposed revitalization plan of the applicant to be carried out with such grant amounts meets the following requirements: ``(i) Residential construction.--All residential construction under the proposed plan complies with-- [[Page 2306]] ``(I) all mandatory items of the national Green Communities criteria checklist for residential construction and rehabilitation and such nonmandatory items of such checklist as are necessary for a residential construction to receive-- ``(aa) 25 points, in the case of any proposed plan (or portion thereof) consisting of new construction; and ``(bb) 20 points, in the case of any proposed plan (or portion thereof) consisting of rehabilitation; or ``(II) a substantially equivalent standard, as determined by the Secretary. ``(ii) Nonresidential construction.--All nonresidential construction under the proposed plan complies with all minimum required levels of the green building rating systems and levels identified by the Secretary pursuant to subparagraph (C), as such systems and levels are in effect at the time of the application for the grant. ``(B) Verification.-- ``(i) In general.--The Secretary shall verify, or provide for verification sufficient to ensure, that each revitalization plan carried out with amounts from a grant under this section complies with the requirements under subparagraph (A). ``(ii) Timing.--In providing for such verification, the Secretary shall establish procedures to ensure such compliance with respect to each grantee, and shall submit a report to Congress with respect to the compliance of each grantee-- ``(I) not later than 6 months after execution of the grant agreement under this section for the grantee; and ``(II) on completion of the revitalization plan of the grantee. ``(C) Identification of green buildings rating systems and levels.-- ``(i) In general.--For purposes of this paragraph, the Secretary, in consultation with the Secretary of Energy, shall identify rating systems and levels for green buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally sound approach to ratings and standards for green buildings. ``(ii) Criteria.--In identifying the green rating systems and levels under clause (i), the Secretary shall take into consideration-- ``(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this paragraph; ``(II) the ability of the applicable ratings system organizations to collect and reflect public comment; ``(III) the ability of the standards to be developed and revised through a consensus-based process; ``(IV) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting-- ``(aa) efficient and sustainable use of water, energy, and other natural resources; ``(bb) use of renewable energy sources; ``(cc) improved indoor and outdoor environmental quality through enhanced indoor and outdoor air quality, thermal comfort, acoustics, outdoor noise pollution, day lighting, pollutant source control, sustainable landscaping, and use of building system controls and low- or no-emission materials, including preference for materials with no added carcinogens that are classified as Group 1 Known Carcinogens by the International Agency for Research on Cancer; and ``(dd) such other criteria as the Secretary determines to be appropriate; and ``(V) national recognition within the building industry. ``(iii) Five-year evaluation.--At least once every 5 years, the Secretary shall conduct a study to evaluate and compare available third party green building rating systems and levels, taking into account the criteria listed in clause (ii). ``(iv) Review and update.--Within 90 days of the completion of each study required by clause (iii), the Secretary shall review and update the rating systems and levels, or identify alternative systems and levels for purposes of this paragraph, taking into account the conclusions of such study. ``(D) Applicability and updating of standards.-- ``(i) Applicability.--Except as provided in clause (ii), the national Green Communities criteria checklist and green building rating systems and levels referred to in subparagraph (A) that are in effect for purposes of this paragraph are such checklist systems and levels as in existence on the date of enactment of the Energy Efficiency in Housing Act of 2010. ``(ii) Updating.--The Secretary may, by regulation, adopt and apply for purposes of this paragraph, future amendments and supplements to, and editions of, the national Green Communities criteria checklist, any standard or standards that the Secretary has determined to be substantially equivalent to such checklist, and the green building ratings systems and levels identified by the Secretary pursuant to subparagraph (C).''. (b) Selection Criteria; Graded Component.--Section 24(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended-- (1) in subparagraph (K), by striking ``and'' at the end; (2) by redesignating subparagraph (L) as subparagraph (M); and (3) by inserting after subparagraph (K) the following: ``(L) the extent to which the proposed revitalization plan-- ``(i) in the case of residential construction, complies with the nonmandatory items of the national Green Communities criteria checklist identified in paragraph (4)(A)(i), or any substantially equivalent standard or standards as determined by the Secretary, but only to the extent such compliance exceeds the compliance necessary to accumulate the number of points required under such paragraph; and ``(ii) in the case of nonresidential construction, complies with the components of the green building rating systems and levels identified by the Secretary pursuant to paragraph (4)(C), but only to the extent such compliance exceeds the minimum level required under such systems and levels; and''. SEC. 816. CONSIDERATION OF ENERGY EFFICIENCY IMPROVEMENTS IN APPRAISALS. (a) Appraisals in Connection With Federally Related Transactions.-- (1) Requirement.--Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3339) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: ``(2) that such appraisals be performed in accordance with appraisal standards that require, in determining the value of a property, consideration of the ongoing utility savings and increased value from the savings that result from-- ``(A) any renewable energy sources for the property; or ``(B) energy efficiency or energy conserving improvements or features of the property; and''. (2) Revision of appraisal standards.--Each Federal financial institution regulatory agency shall, not later than 6 months after the date of enactment of this title, revise its standards for the performance of real estate appraisals in connection with federally related transactions under the jurisdiction of the agency to comply with the requirement under the amendments made by paragraph (1). (b) Appraiser Certification and Licensing Requirements.-- Section 1116 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3345) is amended-- (1) in subsection (a), by inserting before the period at the end the following: ``and meets the requirements established pursuant to subsection (f) for qualifications regarding consideration of any renewable energy sources for, or energy efficiency or energy conserving improvements or features of, the property''; (2) in subsection (c), by inserting before the period at the end the following: ``, which shall include compliance with the requirements established pursuant to subsection (f) regarding consideration of any renewable energy sources for, or energy efficiency or energy conserving improvements or features of, the property''; (3) in subsection (e), by striking ``The'' and inserting ``Except as provided in subsection (f), the''; and (4) by adding at the end the following: ``(f) Requirements for Appraisers Regarding Energy Efficiency Features.--The Appraisal Subcommittee shall establish requirements for State certification of State certified real estate appraisers and for State licensing of State licensed appraisers, to ensure that appraisers consider and are qualified to consider, in determining the value of a property, any renewable energy sources for, or energy efficiency or energy conserving improvements or features of, the property.''. (c) Guidelines for Appraising Photovoltaic and Solar Thermal Measures and Training of Appraisers.--Section 1122 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3351) is amended by adding at the end the following: ``(g) Guidelines for Appraising Photovoltaic and Solar Thermal Measures and Training of Appraisers.--The Appraisal Subcommittee shall, in consultation with the Secretary of Housing and Urban Development, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation, establish specific guidelines for-- ``(1) appraising off- and on-grid photovoltaic and solar thermal measures for compliance with the appraisal standards prescribed pursuant to section 1110(2); ``(2) requirements under section 1116(f) for certification of State certified real estate appraisers and for State licensing of State licensed appraisers, to ensure that appraisers consider, and are qualified to consider, such photovoltaic and solar thermal measures in determining the value of a property; and ``(3) training of appraisers to meet the requirements established pursuant to paragraph (2) of this subsection.''. [[Page 2307]] SEC. 817. ADDITIONAL REQUIREMENTS FOR THE HOUSING ASSISTANCE COUNCIL. The Secretary shall require the Housing Assistance Council-- (1) to encourage each organization that receives assistance from the Council with any amounts made available from the Secretary to provide that any structure or building developed or assisted under projects, programs, and activities funded with such amounts complies with enhanced energy efficiency standards; and (2) to establish incentives to encourage each such organization to provide that any such structure or building complies with enhanced energy efficiency standards. SEC. 818. RURAL HOUSING AND ECONOMIC DEVELOPMENT ASSISTANCE. The Secretary shall-- (1) encourage each tribe, agency, organization, corporation, and other entity that receives any assistance from the Office of Rural Housing and Economic Development of the Department of Housing and Urban Development to provide that any structure or building developed or assisted under activities funded with such amounts complies with minimum energy efficiency standards; and (2) establish incentives to encourage each such tribe, agency, organization, corporation, and other entity to provide that any such structure or building comply with enhanced energy efficiency standards. SEC. 819. REVOLVING FUND FOR LOANS TO STATES AND INDIAN TRIBES TO CARRY OUT RENEWABLE ENERGY SOURCES ACTIVITIES. (a) Establishment of Fund.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Alternative Energy Sources State Revolving Fund''. (b) Credits.--The Fund shall be credited with-- (1) any amounts appropriated to the Fund pursuant to subsection (g); (2) any amounts of principal and interest from loan repayments received by the Secretary pursuant to subsection (d)(7); and (3) any interest earned on investments of amounts in the Fund pursuant to subsection (e). (c) Expenditures.-- (1) In general.--Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (d)(1). (2) Administrative expenses.--Of the amounts in the Fund, not more than 5 percent shall be available for each fiscal year to pay the administrative expenses of the Department of Housing and Urban Development to carry out this section. (d) Loans to States and Indian Tribes.-- (1) In general.--The Secretary shall use amounts in the Fund to provide loans to States and Indian tribes to provide incentives to owners of single family and multifamily housing, commercial properties, and public buildings to provide-- (A) renewable energy sources for such structures, such as wind, wave, solar, biomass, or geothermal energy sources, including incentives to companies and businesses to change their source of energy to such renewable energy sources and for changing the sources of energy for public buildings to such renewable energy sources; (B) energy efficiency and energy conserving improvements and features for such structures; or (C) infrastructure related to the delivery of electricity and hot water for structures lacking such amenities. (2) Eligibility.--To be eligible to receive a loan under this subsection, a State or Indian tribe, directly or through an appropriate State or tribal agency, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Criteria for approval.--The Secretary may approve an application of a State or Indian tribe under paragraph (2) only if the Secretary determines that the State or tribe will use the funds from the loan under this subsection to carry out a program to provide incentives described in paragraph (1) that-- (A) requires that any such renewable energy sources, and energy efficiency and energy conserving improvements and features, developed pursuant to assistance under the program result in compliance of the structure so improved with minimum energy efficiency standards; and (B) includes such compliance and audit requirements as the Secretary determines are necessary to ensure that the program is operated in a sound and effective manner. (4) Preference.--In making loans during each fiscal year, the Secretary shall give preference to States and Indian tribes that have not previously received a loan under this subsection. (5) Maximum amount.--The aggregate outstanding principal amount from loans under this subsection to any single State or Indian tribe may not exceed $500,000,000. (6) Loan terms.--Each loan under this subsection shall have a term to maturity of not more than 10 years and shall bear interest at an annual rate, determined by the Secretary, that shall not exceed the interest rate charged by the Federal Reserve Bank of New York to commercial banks and other depository institutions for very short-term loans under the primary credit program, as most recently published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release, preceding the date of a determination for purposes of applying this paragraph. (7) Loan repayment.--The Secretary shall require full repayment of each loan made under this section. (e) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such amounts in the Fund that are not, in the judgment of the Secretary of the Treasury, required to meet needs for current withdrawals. (2) Obligations of united states.--Investments may be made only in interest-bearing obligations of the United States. (f) Reports.-- (1) Reports to secretary.--For each year during the term of a loan made under subsection (d), the State or Indian tribe that received the loan shall submit to the Secretary a report describing the State or tribal alternative energy sources program for which the loan was made and the activities conducted under the program using the loan funds during that year. (2) Report to congress.--Not later than September 30 of each year that loans made under subsection (d) are outstanding, the Secretary shall submit a report to Congress describing the total amount of such loans provided under subsection (d) to each eligible State and Indian tribe during the fiscal year ending on such date, and an evaluation on effectiveness of the Fund. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Fund $5,000,000,000. (h) Definitions.--In this section, the following definitions shall apply: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (2) State.--The term ``State'' means each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, or any other possession of the United States. SEC. 820. COMPETITIVE GRANT PROGRAM TO INCREASE SUSTAINABLE LOW-INCOME COMMUNITY DEVELOPMENT CAPACITY. (a) Definitions.--In this section: (1) Eligible community development organization.--The term ``eligible community development organization'' means-- (A) a unit of general local government, as that term is defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704)); (B) a community housing development organization, as that term is defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704)); (C) an Indian tribe or tribally designated housing entity, as those terms are defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)); and (D) a public housing agency, as that term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437(b)). (2) Low-income community.--The term ``low-income community'' means a census tract in which 50 percent or more of the households have an annual income that is less than 80 percent of the greater of-- (A) the median gross income for that year for the area in which the census tract is located; or (B) the median gross income for that year for the State in which the census tract is located. (3) Nonprofit organization.--The term ``nonprofit organization'' has the same meaning as in section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704). (b) Program Established.--The Secretary shall establish a competitive grant program to make grants to nonprofit organizations to-- (1) carry out a project described in subsection (c); (2) train, educate, support, or advise an eligible community development organization that carries out a project described in subsection (c); (3) provide planning and design assistance to eligible community development organizations; (4) make loans or grants to eligible community development organizations; or (5) carry out other activities consistent with this section, as the Secretary determines appropriate. (c) Projects.--The projects described in this subsection are projects-- (1) that take into consideration minimum energy efficiency standards, enhanced energy efficiency standards, and green building standards; and (2) that-- (A) improve the energy efficiency of residential and nonresidential structures; [[Page 2308]] (B) promote resource conservation and reuse; (C) include design strategies to maximize the energy efficiency of residential and nonresidential structures; (D) install or construct renewable energy improvements for residential and nonresidential structures, including wind, wave, solar, biomass, and geothermal energy sources; or (E) promote the effective use of existing infrastructure in affordable housing and economic development activities in low-income communities. (d) Priority.--In making grants under this section, the Secretary shall give priority to activities that will result in compliance with minimum energy efficiency standards, enhanced energy efficiency standards, and green building standards. (e) Application.--A nonprofit organization that desires a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (f) Award of Contracts.--Any contract for architectural or engineering services that is funded with amounts from grants made under this section shall be awarded in accordance with chapter 11 of title 40, United States Code (relating to selection of architects and engineers). (g) Federal Share.-- (1) Amount of federal share.--The Federal share of the cost of a project under this section may not exceed 50 percent. (2) Form of non-federal share.--The non-Federal share of the cost of a project under this section may be in cash or in-kind. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. SEC. 821. INSURANCE COVERAGE FOR LOANS FOR FINANCING OF RENEWABLE ENERGY SYSTEMS LEASED FOR RESIDENTIAL USE. (a) Purposes.--The purposes of this section are-- (1) to encourage residential use of renewable energy systems by minimizing upfront costs and providing immediate utility cost savings to consumers through leasing of such systems to homeowners; (2) to reduce carbon emissions and the use of nonrenewable resources; (3) to encourage energy efficient residential construction and rehabilitation; (4) to encourage the use of renewable resources by homeowners; (5) to minimize the impact of development on the environment; (6) to reduce consumer utility costs; and (7) to encourage private investment in the green economy. (b) Definitions.--As used in this section, the following definitions shall apply: (1) Authorized renewable energy lender.--The term ``authorized renewable energy lender'' means a lender authorized by the Secretary to make a loan under this section. (2) Renewable energy system lease.--The term ``renewable system energy lease'' means an agreement between an authorized renewable energy system owner and a homeowner for a term of not less than 5 years, pursuant to which the homeowner-- (A) grants an easement to such renewable energy system owner to install, maintain, use, and otherwise access the renewable energy system; and (B) agrees to-- (i) lease the use of such system from such renewable energy system owner; or (ii) purchase electric power from such renewable energy system owner. (3) Renewable energy manufacturer.--The term ``renewable energy manufacturer'' means a manufacturer of renewable energy systems. (4) Renewable energy system owner.--The term ``renewable energy system owner'' means a homebuilder, a manufacturer or installer of a renewable energy system, or any other person, as determined by the Secretary. (5) Renewable energy system.--The term ``renewable energy system'' means a system of energy derived from-- (A) a wind, solar (including photovoltaic and solar thermal), biomass (including biodiesel), or geothermal source; or (B) hydrogen derived from biomass or water using an energy source described in subparagraph (A). (c) Authority.-- (1) In general.--The Secretary may, upon application by an authorized renewable energy system owner, insure or make a commitment to insure a loan made by an authorized renewable energy lender to a renewable energy system owner to finance the acquisition of a renewable energy system for lease to a homeowner for use at the residence of such homeowner. (2) Terms and conditions.--The Secretary may prescribe such terms and conditions for insurance under paragraph (1) as are consistent with the purposes of this section. (d) Limitation on Principal Amount.-- (1) Limitation.--The principal amount of a loan insured under this section shall not exceed the residual value of the renewable energy system to be acquired with the loan. (2) Residual value.--For purposes of this subsection-- (A) the residual value of a renewable energy system is the fair market value of the future revenue stream from the sale of the expected remaining electricity production from the system, pursuant to the easement granted in accordance with subsection (e); and (B) the fair market value of the future revenue stream for each year of the remaining life of the renewable energy system shall be determined based on the net present value of the power output production warranty for such renewable energy system provided by the renewable energy manufacturer and the forecast of regional residential electricity prices made by the Energy Information Administration of the Department of Energy. (e) Easement.--The Secretary may not insure a loan under this section unless the renewable energy system owner certifies, in accordance with such requirements as the Secretary shall establish, consistent with the purposes of this section, that the systems financed will be leased only to homeowners that grant easements to install, maintain, use, and otherwise access the system that include the right to sell electricity produced during the life of the renewable energy system to a wholesale or retail electrical power grid. (f) Discount or Prepayment.--To encourage the use of renewable energy systems, the Secretary shall ensure that a discount given to a homeowner by a renewable energy system owner or other investor or prepayment of a renewable energy system lease by a renewable energy system owner does not adversely affect the mortgage requirements of such homeowner. (g) Eligibility of Lenders.--The Secretary may not insure a loan under this section unless the lender making the loan-- (1) is an institution that-- (A) qualifies as a green banking center under section 8(x) of the Federal Deposit Insurance Act (12 U.S.C. 1818(x)) or section 206(x) of the Federal Credit Union Act (12 U.S.C. 1786(x)); or (B) meets such other requirements as the Secretary shall establish for participation of renewable energy lenders in the program under this section; and (2) meets such qualifications as the Secretary shall establish for all lenders for participation in the program under this section. (h) Certificate of Insurance.-- (1) In general.--The Secretary shall issue to a lender that is insured under this section a certificate that serves as evidence of insurance coverage under this section. (2) Contents of certificate.--The certificate required under paragraph (1) shall set forth the fair market value of the future revenue stream for each year of the remaining life of the renewable energy system. (3) Full faith and credit.--The certificate required under paragraph (1) shall be backed by the full faith and credit of the United States. (i) Payment of Insurance Claim.-- (1) Filing of claim.--The Secretary shall provide for the filing of claims for insurance under this section and the payment of such claims. (2) Payment of claim.--A claim under paragraph (1) may be paid only upon a default under the loan insured under this section and the assignment, transfer, and delivery to the Secretary of-- (A) all rights and interests arising under the loan; and (B) all claims of the lender or the assigns of the lender against the borrower or others arising under the loan transaction. (3) Lien.-- (A) In general.--Upon payment of a claim for insurance of a loan under this section, the Secretary shall hold a lien on the underlying renewable energy system assets and any associated revenue stream from the use of such system, which shall be superior to all other liens on such assets. (B) Residual value.--The residual value of such renewable energy system and the revenue stream from the use of such system shall be not less than the unpaid balance of the loan amount covered by the certificate of insurance. (C) Revenue from sale.--The Secretary shall be entitled to any revenue generated by such renewable energy system from selling electricity to the grid when an insurance claim has been paid out. (j) Assignment and Transferability of Insurance.--A renewable energy system owner or an authorized renewable energy lender that is insured under this section may assign or transfer the insurance in whole or in part, to another owner or lender, subject to such requirements as the Secretary may prescribe. (k) Premiums and Charges.-- (1) Insurance premiums.-- (A) In general.--The Secretary shall fix and collect premiums for insurance of loans under this section, that shall be paid by the applicant renewable energy system owner at the time of issuance of the certificate of insurance to the lender and shall be adequate, in the determination of the Secretary, to cover the expenses and probable losses of administering the program under this section. (B) Deposit of premium.--The Secretary shall deposit any premiums collected under this subsection in the Renewable Energy Lease Insurance Fund established under subsection (l). [[Page 2309]] (2) Prohibition on other charges.--Except as provided in paragraph (1), the Secretary may not assess any other fee (including a user fee), insurance premium, or charge in connection with loan insurance provided under this section. (l) Renewable Energy Lease Insurance Fund.-- (1) Fund established.--There is established in the Treasury of the United States the Renewable Energy Lease Insurance Fund (referred to in this subsection as the ``Fund''), which shall be available to the Secretary without fiscal year limitation, for the purpose of providing insurance under this section. (2) Credits.--The Fund shall be credited with any premiums collected under subsection (k)(1), any amounts collected by the Secretary under subsection (i)(3), and any associated interest or earnings. (3) Availability.--Amounts in the Fund shall be available to the Secretary for fulfilling any obligations with respect to insurance for loans provided under this section and paying administrative expenses in connection with this section. (4) Excess amounts.--The Secretary may invest in obligations of the United States any amounts in the Fund determined by the Secretary to be in excess of amounts required at the time of such determination to carry out this section. (m) Regulations.-- (1) In general.--The Secretary shall issue such regulations as may be necessary to carry out this section. (2) Timing.--Not later than 180 days after the date of enactment of this title, the Secretary shall issue interim or final regulations. (n) Ineligibility for Purchase by Federal Financing Bank.-- Notwithstanding any other provision of law, no debt obligation that is insured or committed to be insured by the Secretary under this section shall be subject to the Federal Financing Bank Act of 1973 (12 U.S.C. 2281 et seq.). (o) Termination of Authority.--The authority of the Secretary to insure and make commitments to insure new loans under this title shall terminate 10 years after the date of enactment of this title. SEC. 822. GREEN BANKING CENTERS. (a) Insured Depository Institutions.--Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended by adding at the end the following: ``(x) Green Banking Centers.-- ``(1) In general.--The Federal banking agencies shall prescribe guidelines encouraging the establishment and maintenance of green banking centers by insured depository institutions to provide any consumer who seeks information on obtaining a mortgage, home improvement loan, or home equity loan with additional information on-- ``(A) obtaining a home energy rating or audit for the residence for which such mortgage or loan is sought; ``(B) obtaining financing for cost-effective energy-saving improvements to such property; and ``(C) obtaining beneficial terms for any mortgage or loan, or qualifying for a larger mortgage or loan, secured by a residence which meets or will meet energy efficiency standards. ``(2) Information and referrals.--The information made available to consumers under paragraph (1) may include-- ``(A) information on obtaining a home energy rating and contact information on qualified energy raters in the area of the residence; ``(B) information on the secondary market guidelines that permit lenders to provide more favorable terms by allowing lenders to increase the ratio on debt-to-income requirements or to use the projected utility savings as a compensating factor; ``(C) information including eligibility information about, and contact information for, any conservation or renewable energy programs, grants, or loans offered by the Secretary of Housing and Urban Development, including the Energy Efficient Mortgage Program; ``(D) information including eligibility information about, and contact information for, any conservation or renewable energy programs, grants, or loans offered for qualified military personal, reservists, and veterans by the Secretary of Veterans Affairs; ``(E) information about, and contact information for, the Office of Efficiency and Renewable Energy at the Department of Energy, including the weatherization assistance program; ``(F) information about, and contact information for, the Energy Star Program of the Environmental Protection Agency; ``(G) information from, and contact information for, the Federal Citizen Information Center of the General Services Administration on energy efficient mortgages and loans, home energy rating systems, and the availability of energy efficient mortgage information from a variety of Federal agencies; and ``(H) such other information as the agencies or the insured depository institution may determine to be appropriate or useful.''. (b) Insured Credit Unions.--Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by adding at the end the following: ``(x) Green Banking Centers.-- ``(1) In general.--The Board shall prescribe guidelines encouraging the establishment and maintenance of green banking centers by insured credit unions to provide any member who seeks information on obtaining a mortgage, home improvement loan, or home equity loan with additional information on-- ``(A) obtaining a home energy rating or audit for the residence for which such mortgage or loan is sought; ``(B) obtaining financing for cost-effective energy-saving improvements to such property; and ``(C) obtaining beneficial terms for any mortgage or loan, or qualifying for a larger mortgage or loan, secured by a residence which meets or will meet energy efficiency standards. ``(2) Information and referrals.--The information made available to members under paragraph (1) may include-- ``(A) information on obtaining a home energy rating and contact information on qualified energy raters in the area of the residence; ``(B) information on the secondary market guidelines that permit lenders to provide more favorable terms by allowing lenders to increase the ratio on debt-to-income requirements or to use the projected utility savings as a compensating factor; ``(C) information including eligibility information about, and contact information for, any conservation or renewable energy programs, grants, or loans offered by the Secretary of Housing and Urban Development, including the Energy Efficient Mortgage Program; ``(D) information including eligibility information about, and contact information for, any conservation or renewable energy programs, grants, or loans offered for qualified military personnel, reservists, and veterans by the Secretary of Veterans Affairs; ``(E) information about, and contact information for, the Office of Efficiency and Renewable Energy at the Department of Energy, including the weatherization assistance program; ``(F) information from, and contact information for, the Federal Citizen Information Center of the General Services Administration on energy efficient mortgages and loans, home energy rating systems, and the availability of energy efficient mortgage information from a variety of Federal agencies; ``(G) information about incentives or financial products that are available for projects that are consistent with or certified under minimum energy efficiency standards, enhanced efficiency standards, or green building standards, as those terms are defined in section 803 of the Energy Efficiency in Housing Act of 2010; and ``(H) such other information as the Board or the insured credit union may determine to be appropriate or useful.''. SEC. 823. GAO REPORTS ON AVAILABILITY OF AFFORDABLE MORTGAGES. (a) Study.--The Comptroller General of the United States shall periodically, as necessary to comply with subsection (b), examine the impact of this title and the amendments made by this title on the availability of affordable mortgages in various areas throughout the United States, including cities having older infrastructure and limited space for the development of new housing. (b) Triennial Reports.-- (1) Report required.--The Comptroller General shall submit a report once every 3 years to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Contents of report.--The report under paragraph (1) shall include-- (A) a detailed statement of the most recent findings pursuant to subsection (a); and (B) if the Comptroller General finds that this title or the amendments made by this title have directly or indirectly resulted in consequences that limit the availability or affordability of mortgages in any area or areas within the United States, including any city having older infrastructure and limited space for the development of new housing, any recommendations for any additional actions at the Federal, State, or local levels that the Comptroller General considers necessary or appropriate to mitigate such effects. (3) Timing.--The first report under paragraph (1) shall be submitted not later than 3 years after the date of enactment of this title. SEC. 824. PUBLIC HOUSING ENERGY COST REPORT. (a) Collection of Information by HUD.-- (1) In general.--The Secretary shall obtain from each public housing agency, at such time as may be necessary to comply with the reporting requirement under subsection (b), information regarding the energy costs for public housing administered or operated by the agency. (2) Type of information.--For each public housing agency, such information shall include the monthly energy costs associated with each separate building and development of the agency, for the most recently completed 12-month period for which such information is available, and such other information as the Secretary determines is appropriate in determining which public housing [[Page 2310]] buildings and developments are most in need of repairs and improvements to reduce energy needs and costs and become more energy efficient. (b) Report.--Not later than 12 months after the date of enactment of this title, the Secretary shall submit to Congress a report setting forth the information collected pursuant to subsection (a). ______ SA 3355. Mr. BUNNING proposed an amendment to the bill H.R. 4691, to provide a temporary extension of certain programs, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Extension Act of 2010''. SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``February 28, 2010'' each place it appears and inserting ``April 5, 2010''; (B) in the heading for subsection (b)(2), by striking ``february 28, 2010'' and inserting ``april 5, 2010''; and (C) in subsection (b)(3), by striking ``July 31, 2010'' and inserting ``September 4, 2010''. (2) Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended-- (A) in paragraph (1)(B), by striking ``February 28, 2010'' and inserting ``April 5, 2010''; (B) in the heading for paragraph (2), by striking ``february 28, 2010'' and inserting ``april 5, 2010''; and (C) in paragraph (3), by striking ``August 31, 2010'' and inserting ``October 5, 2010''. (3) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``February 28, 2010'' each place it appears and inserting ``April 5, 2010''; and (B) in subsection (c), by striking ``July 31, 2010'' and inserting ``September 4, 2010''. (4) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``July 31, 2010'' and inserting ``September 4, 2010''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking ``1009'' and inserting ``1009(a)(1)''; and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) the amendments made by section 2(a)(1) of the Temporary Extension Act of 2010; and''. SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS. (a) Extension of Eligibility Period.--Subsection (a)(3)(A) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking ``February 28, 2010'' and inserting ``March 31, 2010''. (b) Clarifications Relating to Section 3001 of ARRA.-- (1) Clarification regarding cobra continuation resulting from reductions in hours.--Subsection (a) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended-- (A) in paragraph (3)(C), by inserting before the period at the end the following: ``or consists of a reduction of hours followed by such an involuntary termination of employment during such period (as described in paragraph (17)(C))''; and (B) by adding at the end the following: ``(17) Special rules in case of individuals losing coverage because of a reduction of hours.-- ``(A) New election period.-- ``(i) In general.--For the purposes of the COBRA continuation provisions, in the case of an individual described in subparagraph (C) who did not make (or who made and discontinued) an election of COBRA continuation coverage on the basis of the reduction of hours of employment, the involuntary termination of employment of such individual on or after the date of the enactment of this paragraph shall be treated as a qualifying event. ``(ii) Counting cobra duration period from previous qualifying event.--In any case of an individual referred to in clause (i), the period of such individual's continuation coverage shall be determined as though the qualifying event were the reduction of hours of employment. ``(iii) Construction.--Nothing in this paragraph shall be construed as requiring an individual referred to in clause (i) to make a payment for COBRA continuation coverage between the reduction of hours and the involuntary termination of employment. ``(iv) Preexisting conditions.--With respect to an individual referred to in clause (i) who elects COBRA continuation coverage pursuant to such clause, rules similar to the rules in paragraph (4)(C) shall apply. ``(B) Notices.--In the case of an individual described in subparagraph (C), the administrator of the group health plan (or other entity) involved shall provide, during the 60-day period beginning on the date of such individual's involuntary termination of employment, an additional notification described in paragraph (7)(A), including information on the provisions of this paragraph. Rules similar to the rules of paragraph (7) shall apply with respect to such notification. ``(C) Individuals described.--Individuals described in this subparagraph are individuals who are assistance eligible individuals on the basis of a qualifying event consisting of a reduction of hours occurring during the period described in paragraph (3)(A) followed by an involuntary termination of employment insofar as such involuntary termination of employment occurred on or after the date of the enactment of this paragraph.''. (2) Codification of current interpretation.--Subsection (a)(16) of such section is amended-- (A) by striking clause (ii) of subparagraph (A) and inserting the following: ``(ii) such individual pays, the amount of such premium, after the application of paragraph (1)(A), by the latest of-- ``(I) 60 days after the date of the enactment of this paragraph, ``(II) 30 days after the date of provision of the notification required under subparagraph (D)(ii), or ``(III) the end of the period described in section 4980B(f)(2)(B)(iii) of the Internal Revenue Code of 1986.''; and (B) by striking subclause (I) of subparagraph (C)(i), and inserting the following: ``(I) such assistance eligible individual experienced an involuntary termination that was a qualifying event prior to the date of enactment of the Department of Defense Appropriations Act, 2010; and''. (3) Clarification of period of assistance.--Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ``of the first month''. (4) Enforcement.--Subsection (a)(5) of such section is amended by adding at the end the following: ``In addition to civil actions that may be brought to enforce applicable provisions of such Act or other laws, the appropriate Secretary or an affected individual may bring a civil action to enforce such determinations and for appropriate relief. In addition, such Secretary may assess a penalty against a plan sponsor or health insurance issuer of not more than $110 per day for each failure to comply with such determination of such Secretary after 10 days after the date of the plan sponsor's or issuer's receipt of the determination.''. (5) Amendments relating to section 3001 of arra.-- (A) Subsection (g)(9) of section 35 of the Internal Revenue Code of 1986 is amended by striking ``section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009'' and inserting ``section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009''. (B) Section 139C of such Code is amended by striking ``section 3002 of the Health Insurance Assistance for the Unemployed Act of 2009'' and inserting ``section 3001 of title III of division B of the American Recovery and Reinvestment Act of 2009''. (C) Section 6432 of such Code is amended-- (i) in subsection (a), by striking ``section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009'' and inserting ``section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009''; (ii) in subsection (c)(3), by striking ``section 3002(a)(1)(A) of such Act'' and inserting ``section 3001(a)(1)(A) of title III of division B of the American Recovery and Reinvestment Act of 2009''; and (iii) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and inserting after subsection (d) the following new subsection: ``(e) Employer Determination of Qualifying Event as Involuntary Termination.--For purposes of this section, in any case in which-- ``(1) based on a reasonable interpretation of section 3001(a)(3)(C) of division B of the American Recovery and Reinvestment Act of 2009 and administrative guidance thereunder, an employer determines that the qualifying event with respect to COBRA continuation coverage for an individual was involuntary termination of a covered employee's employment, and ``(2) the employer maintains supporting documentation of the determination, including an attestation by the employer of involuntary termination with respect to the covered employee, the qualifying event for the individual shall be deemed to be involuntary termination of the covered employee's employment.''. (D) Subsection (a) of section 6720C of such Code is amended by striking ``section 3002(a)(2)(C) of the Health Insurance Assistance for the Unemployed Act of 2009'' and inserting ``section 3001(a)(2)(C) of title III of division B of the American Recovery and Reinvestment Act of 2009''. (c) Effective Date.--The amendments made by this section shall take effect as if [[Page 2311]] included in the provisions of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 to which they relate, except that-- (1) the amendments made by subsection (b)(1) shall apply to periods of coverage beginning after the date of the enactment of this Act; (2) the amendments made by subsection (b)(2) shall take effect as if included in the amendments made by section 1010 of division B of the Department of Defense Appropriations Act, 2010; and (3) the amendments made by subsections (b)(3) and (b)(4) shall take effect on the date of the enactment of this Act. SEC. 4. EXTENSION OF SURFACE TRANSPORTATION PROGRAMS. (a) In General.--Except as provided in subsection (b), for purposes of the continued extension of surface transportation programs and related authority to make expenditures from the Highway Trust Fund and other trust funds under sections 157 through 162 of the Continuing Appropriations Resolution, 2010 (Public Law 111-68; 123 Stat. 2050), the date specified in section 106(3) of that resolution (Public Law 111-68; 123 Stat. 2045) shall be deemed to be March 28, 2010. (b) Exception.--Subsection (a) shall not apply if an extension of the programs and authorities described in that subsection for a longer term than the extension contained in the Continuing Appropriations Resolution, 2010 (Public Law 111-68; 123 Stat. 2050), is enacted before the date of enactment of this Act. SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE. Paragraph (10) of section 1848(d) of the Social Security Act, as added by section 1011(a) of the Department of Defense Appropriations Act, 2010 (Public Law 111-118), is amended-- (1) in subparagraph (A), by striking ``February 28, 2010'' and inserting ``March 31, 2010''; and (2) in subparagraph (B), by striking ``March 1, 2010'' and inserting ``April 1, 2010''. SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS EXCEPTIONS PROCESS. Section 1833(g)(5) of the Social Security Act (42 U.S.C. 1395l(g)(5)) is amended by striking ``December 31, 2009'' and inserting ``March 31, 2010''. SEC. 7. EXTENSION OF USE OF 2009 POVERTY GUIDELINES. Section 1012 of the Department of Defense Appropriations Act, 2010 (Public Law 111-118) is amended by striking ``March 1, 2010'' and inserting ``March 31, 2010''. SEC. 8. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM. Section 129 of the Continuing Appropriations Resolution, 2010 (Public Law 111-68), as amended by section 1005 of Public Law 111-118, is further amended by striking ``by substituting'' and all that follows through the period at the end, and inserting ``by substituting March 28, 2010, for the date specified in each such section.''. SEC. 9. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE PROGRAM. (a) In General.--Section 502(f) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 153) is amended by striking ``February 28, 2010'' and inserting ``March 28, 2010''. (b) Appropriation.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, for an additional amount for ``Small Business Administration - Business Loans Program Account'', $60,000,000, to remain available through March 28, 2010, for the cost of-- (1) fee reductions and eliminations under section 501 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) for loans guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), or section 502 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 152), as amended by this section; and (2) loan guarantees under section 502 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 152), as amended by this section, Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. SEC. 10. SATELLITE TELEVISION EXTENSION. (a) Amendments to Section 119 of Title 17, United States Code.-- (1) In general.--Section 119 of title 17, United States Code, is amended-- (A) in subsection (c)(1)(E), by striking ``February 28, 2010'' and inserting ``March 28, 2010''; and (B) in subsection (e), by striking ``February 28, 2010'' and inserting ``March 28, 2010''. (2) Termination of license.--Section 1003(a)(2)(A) of Public Law 111-118 is amended by striking ``February 28, 2010'', and inserting ``March 28, 2010''. (b) Amendments to Communications Act of 1934.--Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) in paragraph (2)(C), by striking ``February 28, 2010'' and inserting ``March 28, 2010''; and (2) in paragraph (3)(C), by striking ``March 1, 2010'' each place it appears in clauses (ii) and (iii) and inserting ``March 29, 2010''. SEC. 11. EXCLUSION OF UNPROCESSED FUELS FROM THE CELLULOSIC BIOFUEL PRODUCER CREDIT. (a) In General.--Subparagraph (E) of section 40(b)(6) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(iii) Exclusion of unprocessed fuels.--The term `cellulosic biofuel' shall not include any fuel if-- ``(I) more than 4 percent of such fuel (determined by weight) is any combination of water and sediment, or ``(II) the ash content of such fuel is more than 1 percent (determined by weight).''. (b) Effective Date.--The amendment made by this section shall apply to fuels sold or used after the date of the enactment of this Act. SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage. ______ SA 3356. Mrs. MURRAY (for herself, Mr. Harkin, Mrs. Boxer, Mr. Begich, and Mr. Burris) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. TRAINING AND EMPLOYMENT SERVICES. (a) Additional Amount.--There is appropriated for fiscal year 2010, for an additional amount for ``Training and Employment Services'' for activities under the Workforce Investment Act of 1998 (referred to in this section as the ``WIA''), $1,500,000,000. That amount is appropriated out of any money in the Treasury not otherwise appropriated. The amount shall be available for obligation for the period beginning on the date of enactment of this Act. (b) Activities.--In particular, of the amount made available under subsection (a)-- (1) $1,500,000,000 shall be available for grants to States for youth activities, including summer employment for youth, which funds shall remain available for obligation through September 30, 2010, except that-- (A) no portion of such funds shall be reserved to carry out section 127(b)(1)(A) of the WIA; (B) for purposes of section 127(b)(1)(C)(iv) of the WIA, funds available for youth activities shall be allotted as if the total amount available for youth activities for fiscal year 2010 does not exceed $1,000,000,000; (C) with respect to the youth activities provided with such funds, section 101(13)(A) of the WIA shall be applied by substituting ``age 24'' for ``age 21''; (D) the work readiness aspect of the performance indicator described in section 136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of performance used to assess the effectiveness of summer employment for youth provided with such funds; and (E) an amount that is not more than 1 percent of the funds appropriated under subsection (a) may be used for the administration, management, and oversight of the programs, activities, and grants, funded under subsection (a), including the evaluation of the use of such funds; and (2) funds designated for the purposes of paragraph (1)(E), together with funds described in section 801(b) of Division A of the American Recovery and Reinvestment Act of 2009, shall be available for obligation through September 30, 2012. ______ SA 3357. Mr. DODD (for himself, Ms. Stabenow, Mr. Levin, and Mr. Lieberman) submitted an amendment intended to be proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows: Strike section 223 and insert the following: SEC. 223. EXTENSION OF SECTION 508 HOSPITAL RECLASSIFICATIONS. (a) In General.--Subsection (a) of section 106 of division B of the Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395 note), as amended by section 117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110- 173) and section 124 of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275), is amended by striking ``September 30, 2009'' and inserting ``September 30, 2010''. [[Page 2312]] (b) Special Rule for Fiscal Year 2010.-- (1) In general.--Subject to paragraph (2), for purposes of implementation of the amendment made by subsection (a), including (notwithstanding paragraph (3) of section 117(a) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), as amended by section 124(b) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275)) for purposes of the implementation of paragraph (2) of such section 117(a), during fiscal year 2010, the Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall use the hospital wage index that was promulgated by the Secretary in the Federal Register on August 27, 2009 (74 Fed. Reg. 43754), and any subsequent corrections. (2) Exception.--Beginning on April 1, 2010, in determining the wage index applicable to hospitals that qualify for wage index reclassification, the Secretary shall include the average hourly wage data of hospitals whose reclassification was extended pursuant to the amendment made by subsection (a) only if including such data results in a higher applicable reclassified wage index. Any revision to hospital wage indexes made as a result of this paragraph shall not be effected in a budget neutral manner. (c) Adjustment for Certain Hospitals in Fiscal Year 2010.-- (1) In general.--In the case of a subsection (d) hospital (as defined in subsection (d)(1)(B) of section 1886 of the Social Security Act (42 U.S.C. 1395ww)) with respect to which-- (A) a reclassification of its wage index for purposes of such section was extended pursuant to the amendment made by subsection (a); and (B) the wage index applicable for such hospital for the period beginning on October 1, 2009, and ending on March 31, 2010, was lower than for the period beginning on April 1, 2010, and ending on September 30, 2010, by reason of the application of subsection (b)(2); the Secretary shall pay such hospital an additional payment that reflects the difference between the wage index for such periods. (2) Timeframe for payments.--The Secretary shall make payments required under paragraph (1) by not later than December 31, 2010. ____________________