The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S9382-S9388 on Sept. 15, 2009.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 2370. Mr. COBURN (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:
At the appropriate place, insert the following:
Sec. ___. (a) None of the funds made available by this Act may be used for any purpose described in subsection (b) until the date on which the Secretary of Transportation certifies, based on the estimates made under section 9503(d)(1) of the Internal Revenue Code of 1986 of unfunded highway authorizations in relation to net highway receipts (as those terms are defined in that section) for the period of fiscal years 2010 through 2013, that the Highway Trust Fund contains or will contain amounts sufficient to cover all such unfunded highway authorizations for those fiscal years.
(b) The purposes referred to in subsection (a) are--
(1) the reduction of vehicle-caused wildlife mortality or the maintenance of habitat connectivity;
(2) transportation museums;
(3) scenic beautification projects; and
(4) pedestrian or bicycle facility projects.
______
SA 2371. Mr. COBURN (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:
At the appropriate place, insert the following:
Sec. 1___. None of the funds made available by this Act may be used to implement section 133(d)(2) of title 23, United States Code.
______
SA 2372. Mr. COBURN (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. ___. None of the funds made available by this Act may be used for a museum.
______
SA 2373. Mr. COBURN (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. ___. None of the funds made available by this Act may be used for the reduction of vehicle-caused wildlife mortality or the maintenance of habitat connectivity.
______
SA 2374. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:
At the appropriate place, insert the following:
SEC. __. REPORT ON COST OF GOVERNMENT-OWNED RESIDENTIAL
HOMES.
(a) In General.--The Secretary of Housing and Urban Development shall prepare a report, and post such report on the public website of the Department of Housing and Urban Development (in this section referred to as the
``Department''), regarding the number of homes owned by the Department and the budget impact of acquiring, maintaining, and selling such homes.
(b) Content.--The report required by this section shall include--
(1) the number of residential homes that the Department owned during the years 2004 and 2009;
(2) an itemized breakdown of the total annual financial impact, including losses and gains from selling homes and maintenance and acquisition of homes, of home ownership by the Department since 2004;
(3) a detailed explanation of the reasons for the ownership by the Department of the homes;
(4) a list of the 10 urban areas in which the Department owns the most homes and the rate of homelessness in each of those areas; and
(5) a list of the 10 States in which the Department owns the most homes and the rate of homelessness in each of those States.
______
SA 2375. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:
At the appropriate place, insert the following:
Sec. ___. (a) Notwithstanding any other provision of this Act, amounts provided in this Act for a congressionally directed spending item shall be made available to the Department of Transportation for NextGen and NextGen programs.
(b) In this section, the term ``congressionally directed spending item'' shall have the same meaning given such term in rule XLIV of the Standing Rules of the Senate.
______
SA 2376 Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:
At the appropriate place, insert the following:
Sec.--. None of the funds made available in this act shall be used to restrict implementation or enforcement of the community service requirements under section 12(c) of the United States Housing Act of 1937 (42 U.S.C. 1437j(c)).
______
SA 2377. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; as follows:
At the appropriate place, insert the following:
Sec. ___. (a) Notwithstanding any other provision of this Act and except as provided in subsection (b), any report required to be submitted by a Federal agency or department to the Committee on Appropriations of either the Senate or the House of Representatives in this Act shall be posted on the public website of that agency upon receipt by the committee.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national security; or
(2) the report contains proprietary information.
______
SA 2378. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 173, line 18, strike ``$2,942,352,000'' and insert
``$4,142,352,000''.
On page 210, strike line 15 and all that follows through page 213, line 2.
______
SA 2379. Mr. COBURN submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 173, line 18, strike ``$2,942,352,000'' and insert
``$5,845,576,210''.
On page 210, strike line 15 and all that follows through page 213, line 2.
On page 332, after line 25, add the following:
Sec. 415. Notwithstanding any other provision in this Act, all amounts designated as congressionally directed spending items in Senate Report 111-69 are rescinded.
______
SA 2380. Mr. KERRY submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ENHANCED VOUCHER ASSISTANCE FOR CERTAIN ASSISTED
HOUSING RESIDENTS.
(a) Enhanced Voucher Assistance.--Notwithstanding any other provision of law, contract, or covenant, and subject only to the availability of amounts provided in advance in appropriation Acts--
(1) upon the expiration, pursuant to paragraph (2), of the use restrictions applicable to the covered properties pursuant to the Emergency Low Income Housing Preservation Act of 1987 (12 U.S.C. 17151 note), each family who is an eligible low-income or moderate income family, as such terms are used for purposes of section 223(f)(2)(A) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4113(f)(2)(A)), and, as of such expiration, is residing in dwelling unit in the covered properties not covered by project-based rental assistance, shall be offered enhanced voucher assistance under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)), and each such family who chooses to remain in the covered properties shall have 3 years from the date of the issuance of such enhanced voucher to commence use of the voucher;
(2) such use restrictions applicable to the covered properties shall be deemed to expire on March 1, 2010, but only if the owner of the covered properties enters into agreements with the Secretary to maintain the project-based rental assistance for the properties for a period beginning upon such expiration of not fewer than 20 years; and
(3) the contract rents for dwelling units in the covered properties covered by project-based rental assistance shall be determined during the period ending upon the expiration of such use restrictions pursuant to paragraph (2) based upon the rents for comparable unassisted and unrestricted units in the area in which the covered properties are located; except that before May 1, 2012, the rental assistance payments for such project-based units in the covered property known as Georgetowne Houses II shall be restricted to the rent levels provided under the Emergency Low Income Housing Preservation Act of 1987.
(b) Covered Properties.--For purposes of this section, the term ``covered properties'' means the housing developments known as Georgetowne Houses I and II (formerly identified by FHA project nos. 023-55058 and 023-55179), located in Boston, Massachusetts.
(c) Funding.--Amounts for the enhanced vouchers pursuant to this section shall be provided under amounts appropriated for tenant-based rental assistance otherwise authorized under section 8(t) of the United States Housing Act of 1937.
(d) Applicability.--This section shall take effect upon the date of enactment of this Act, and nothing in this section may be construed to require any administrative guidance.
______
SA 2381. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 194, after line 23, add the following:
Sec. 1___. The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) is amended in item number 2406 (119 Stat. 1350) by striking ``in Fort Worth'' in the project description and inserting ``, or construct SH 199
(Henderson St.) through the Trinity Uptown Project between the West Fork and Clear Fork of the Trinity River, in Fort Worth''.
______
SA 2382. Mr. FEINGOLD submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 223, between lines 22 and 23, insert the following:
Sec. 172. (a) Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation, in coordination with the Administrator of the Federal Transit Administration, shall submit a report and implementation plan to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives.
(b) The report and plan required under subsection (a) shall include recommendations, including legislative proposals and actions that will be taken by the Department of Transportation, for--
(1) reducing the amounts appropriated pursuant to section 5316 of title 49, United States Code, for the Job Access and Reverse Commute Program (referred to in this section as the
``Program'') that lapse before being utilized;
(2) reducing, revising, or eliminating reporting and certification requirements under the Program that act as a deterrent to potential applicants without significantly increasing the integrity of the program; and
(3) addressing the concerns and challenges cited by States and local authorities in the Government Accountability Office report entitled ``Progress and Challenges in Implementing and Evaluating the Job Access and Reverse Commute Program'' (GAO-09-496), issued May 21, 2009), including recommendations related to--
(A) reducing the effort required to obtain and maintain funding for the Program;
(B) whether specific reporting and certification requirements improve program integrity relative to the burden on grantees;
(C) whether duplicative efforts in administering the Program with other Federal Transit Administration programs could be streamlined;
(D) whether additional technical assistance or reduced administrative burdens would improve the participation of small nonprofit organizations and other local authorities that lack experience with Federal grants; and
(E) whether reduced matching fund requirements for certain types of applicants or after an initial grant solicitation fails to attract sufficient interest would reduce the amount of funds that lapse.
______
SA 2383. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. ___. Notwithstanding any other provision of this Act, amounts made available in this Act for foreclosure prevention efforts shall be allocated by the Secretary of Housing and Urban Development solely on the basis of need.
______
SA 2384. Mr. SPECTER (for himself and Mr. Casey) submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 240, between lines 18 and 19, insert the following:
Sec. 197. Section 199 of the Department of Transportation Appropriations Act, 2009 (division I of Public Law 111-8) is amended by striking ``fiscal year 2009'' and inserting
``fiscal years 2009 and 2010''.
______
SA 2385. Mrs. LANDRIEU submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 240, between lines 18 and 19, insert the following:
Sec. 197. (a) Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following:
``Sec. 31152. Transportation of horses
``(a) In General.--A person may not transport, or cause to be transported, a horse from a place in a State through or to a place in another State in a commercial motor vehicle that--
``(1) has 2 or more levels stacked on top of one another; or
``(2) contains more than 30 horses.
``(b) Enforcement.--
``(1) In general.--If the Administrator of the Federal Motor Carrier Safety Administration determines that a person has violated subsection (a) after providing that person with notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, the Administrator shall impose a civil penalty of not less than $1,000 and not more than $5,000 for each horse that the person transported, or caused to be transported, in violation of subsection (a).
``(2) Relationship to other laws.--A civil penalty imposed under this subsection shall be in addition to any other penalty or remedy available under any other law.
``(c) Definitions.--In this section:
``(1) Commercial motor vehicle.--The term `commercial motor vehicle' has the meaning given that term in section 31101.
``(2) State.--The term `State' means any of the several States, the District of Columbia, or any other territory or possession of the United States.''.
(b) The table of sections for such chapter is amended by inserting after the item relating to section 31151 the following:
``31152. Transportation of horses.''.
______
SA 2386. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. ___. Section 3044(a) of SAFETEA-LU (Public Law 109-59) is amended by striking the description for item 386 and inserting ``Suffolk County, NY Extended preliminary engineering, design, and construction of intermodal facility in Wyandanch''.
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SA 2387. Mr. NELSON of Florida submitted an amendment intended to be proposed by him to the bill S. 886, to establish a program to provide guarantees for debt issued by State catastrophe insurance programs to assist in the financial recovery from natural catastrophes; which was referred to the Committee on Banking, Housing, and Urban Affairs; as follows:
On page 5, line 24, strike ``Any'' and insert
``Notwithstanding any other provision of law, including section 1341 of title 31, United States Code (commonly known as the `Anti-Deficiency Act') and section 11 of title 41, United States Code (commonly known as the `Adequacy of Appropriations Act'), any''.
On page 8, line 25, after ``section'' insert ``(excluding any fees collected under subsection (c)(4))''.
On page 16, line 19, strike ``(a) IN GENERAL.--''.
On page 16, line 22, strike ``market risk'' and insert
``risk to the Government''.
On page 16, strike line 23 and all that follows through page 17, line 3.
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SA 2388. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 318, between lines 11 and 12, insert the following:
SEC. 234. REPORT ON HUD PROGRAMS IN HURRICANE DISASTER AREAS.
(a) Definitions.--In this section--
(1) the terms ``Department'' and ``Secretary'' mean the Department of Housing and Urban Development and the Secretary thereof, respectively;
(2) the term ``covered program'' means a program--
(A) relating to recovery from Hurricane Katrina of 2005 or Hurricane Rita of 2005; or
(B) carried out using funds made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115); and
(3) the term ``hurricane disaster area'' means an area for which the President has declared a major disaster, as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), as a result of Hurricane Katrina of 2005, Hurricane Rita of 2005, Hurricane Gustav of 2008, or Hurricane Ike of 2008.
(b) Report Required.--Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report that--
(1) evaluates the block-by-block impact of any project approved for a hurricane disaster area under a program of the Department, including any project under a covered program;
(2) identifies any impediments to the use of programs of the Department (including covered programs) to carry out projects in hurricane disaster areas, including--
(A) any program requirements or regulations;
(B) a lack of administrative or program staff capacity; and
(C) a lack of clear process for requesting and receiving reimbursements of project funds; and
(3) makes recommendations, if any, on how--
(A) to improve coordination between Federal, State, and local agencies; and
(B) for each block of a hurricane disaster area, to expedite the implementation of any project carried out in such block using Federal funds.
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SA 2389. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. HURRICANE ASSISTANCE TO FAMILIES.
Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may use--
(1) not more than $80,000,000 of funds reserved by the Department of Homeland Security under an Inter-Agency Agreement with the Department of Housing and Urban Development for victims of Hurricanes Ike and Gustav of 2008 to provide assistance under section 8(o) of the United States Housing Act of 1937, and related fee provisions, to eligible families receiving assistance under the DHAP-Ike program, except that such assistance shall not be made available to other families upon turnover; and
(2) not more than an additional $10,000,000 of funds reserved by the Department of Homeland Security under the Inter-Agency Agreement described in paragraph (1) to provide assistance under section 8(o) of the United States Housing Act of 1937, and related fee provisions, to families residing in Federal Emergency Management Agency transitional housing units because of Hurricanes Ike and Gustav of 2008.
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SA 2390. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 277, line 1, strike ``$100,000,000'' and insert
``$115,000,000''.
On page 277, line 18, strike the period and insert ``: Provided further, That of the amounts made available under this heading, not less than $15,000,000 shall be awarded to nonprofit legal aid organizations to provide foreclosure prevention assistance.''
On page 286, line 21, strike ``$200,000,000'' and insert
``$185,000,000''.
______
SA 2391. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 318, between lines 11 and 12, insert the following:
SECTION 234. HOME RETENTION AND ECONOMIC STABILIZATION.
(a) Foreclosure Deferment.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting after section 128 the following new section:
``Sec. 128A. Foreclosure deferment and reset notification for mortgages
``(a) Definitions.--For purposes of this section, the following definitions shall apply:
``(1) Deferment payment amount.--The term `deferment payment amount' means the amount of the monthly payment that is due on an eligible deferred-foreclosure mortgage during the deferment period.
``(2) Deferment period.--The term `deferment period' means the period that--
``(A) begins when the eligible consumer sends notice of the exercise of the deferral right under subsection (b)(1) with respect to an eligible deferred-foreclosure mortgage to the creditor or servicer; and
``(B) ends on the earliest of the following applicable dates:
``(i) The date that is 270 days after the beginning of the period.
``(ii) The end of the 30-day period beginning on any due date for any deferment payment (on such mortgage, in accordance with this section) which remains unpaid as of the end of such 30-day period.
``(iii) The date on which the creditor or servicer enters into a qualified loan modification with the consumer.
``(iv) The date on which the deferment is terminated by judicial order.
``(3) Deferment period trigger.--The term `deferment period trigger' means the date on which the consumer becomes eligible for a deferment under subsection (b)(1) with respect to an eligible deferred-foreclosure mortgage and occurs on the earlier of--
``(A) the date of any adjustment or reset of the interest rate on such mortgage;
``(B) the date by which the consumer is 60 days delinquent on mortgage payments; or
``(C) the date of the first increase in the minimum monthly payment due under such mortgage after the origination of such mortgage.
``(4) Eligible deferred-foreclosure mortgage.--The term
`eligible deferred-foreclosure mortgage' means a consumer credit transaction that is secured by the principal dwelling of an eligible consumer that--
``(A) was entered into before the date of enactment of this section; and
``(B) has reached the deferment period trigger.
``(5) Eligible consumer.--The term `eligible consumer' means a consumer who--
``(A) is a mortgagor or borrower on an eligible deferred-foreclosure mortgage;
``(B) has resided at the property secured by such mortgage since the mortgage transaction was entered into and intends to reside at such property at least until the end of the deferment period;
``(C) has a current monthly income that, when multiplied by 12, is less than 200 percent of the area median annual income for the relevant family size in the State in which the residence is located; and
``(D) during the deferment period, responds to reasonable inquiries from a creditor or servicer with respect to an eligible deferred-foreclosure mortgage.
``(6) Qualified loan modification.--
``(A) In general.--The term `qualified loan modification' means a permanent, sustainable loan modification.
``(B) FDIC regulations.--Not later than 60 days after the date of enactment of the Department of Housing and Urban Development Appropriations Act, 2010, the Chairperson of the Federal Deposit Insurance Corporation shall promulgate rules establishing under what circumstances a loan modification will qualify as permanent and sustainable.
``(b) Right to Deferment of Institution of or Action on Foreclosure.--
``(1) Right established.--Any eligible deferred-foreclosure consumer shall have the right to defer any initiation of a foreclosure, whether judicial or nonjudicial, or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible deferred-foreclosure mortgage by any creditor, servicer, or holder of such mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, until the end of the deferment period.
``(2) Enforcement of right.--An eligible deferred-foreclosure consumer may defend against a foreclosure or bring an action in any court of competent or general jurisdiction to compel compliance with the right of the consumer under paragraph (1) to defer any initiation of a foreclosure or any action in connection with a foreclosure already instituted, including any foreclosure sale, with respect to any eligible deferred-foreclosure mortgage.
``(c) Notice to Consumer Before Any Foreclosure Action.--
``(1) Notice of right required.--Before initiating any foreclosure with respect to any eligible deferred-foreclosure mortgage, the creditor or servicer shall notify, by personal service, any eligible deferred-foreclosure consumer with respect to such mortgage of such consumer's right under subsection (b) to defer the initiation of foreclosure.
``(2) Contents of notice.--The Board shall prescribe, by regulations under sections 105 and 122, the content and format, including the size of the font, of the notices under paragraph (1) in a manner that maximizes the likelihood that the consumer will obtain and understand all the information necessary to exercise the right to defer any action to institute foreclosure, including--
``(A) the manner and format for obtaining such deferral, including a sample notice form, an identification form, and a certification form for the consumer to use in complying with subsection (d)(1);
``(B) contact information for the creditor or servicer, as the case may be and any third party involved in foreclosure proceedings, including State or local officials; and
``(C) contact information for obtaining any counseling concerning the exercise of such deferral from a counselor approved by the appropriate State housing finance agency or the Secretary of Housing and Urban Development.
``(3) Timing.--No foreclosure action or proceeding with respect to any eligible deferred-foreclosure mortgage shall be valid unless the creditor or servicer has provided the notice required under this subsection to the consumer at least 30 days before instituting any such action or proceeding and at least once during each subsequent 30-day period until the foreclosure becomes final.
``(d) Institution of Deferment.--
``(1) Procedure required.--Any eligible deferred-foreclosure consumer who chooses to exercise a deferment right under subsection (b) shall provide--
``(A) notice of the exercise of such to the servicer or other person described in the notice to the consumer under subsection (e) by any reasonable means including by mail, service whether directly or to any agent, including at the address of any registered agent;
``(B) a clear identification of the eligible deferred-foreclosure consumer and the address of the property securing the mortgage; and
``(C) a certification that at least 1 consumer borrower with respect to such mortgage resides at the property secured by such mortgage and intends to reside at such property at least until the end of the deferment period.
``(2) Sufficiency of notice.--
``(A) In general.--Notice and delivery of an affidavit under paragraph (1) may be made by any reasonable means including by mail, service whether directly or to any agent, including at the address of any registered agent with the secretary of state for the State in which the property is located, or any attorney representing the consumer, or by such means as the terms of the mortgage or regulations prescribed by the Board may provide.
``(B) Other parties.--If any court, any sheriff or other official designated under State law, or any other person authorized under State law and the contracts of the parties to maintain any foreclosure proceeding or conduct any foreclosure sale receives, directly or indirectly, a copy of any notice provided under this subsection by an eligible deferred-foreclosure consumer with respect to any eligible deferred-foreclosure mortgage, no foreclosure action may be taken by the court, sheriff, official, or other person with respect to such mortgage during the applicable deferred-foreclosure period.
``(3) Acknowledgment.--
``(A) In general.--Any creditor, servicer, or holder of an eligible deferred-foreclosure mortgage, or any other person acting on behalf of any such creditor, servicer, or holder, who receives a notice from a consumer under paragraph (2) shall acknowledge to the consumer the receipt of the notice of the exercise of the deferment right under subsection (b) before the end of the 10-business day period beginning on the date of such receipt.
``(B) Contents of notice.--The acknowledgment provided to any eligible deferred-foreclosure consumer under subparagraph
(A) shall include the date on which the next payment is due on the eligible deferred-foreclosure mortgage, the deferment payment amount, the date on which each subsequent payment is due, and the address or the delivery method for each such payment that is acceptable to the recipient.
``(4) Monthly payment notices.--Each periodic statement of account submitted by the creditor or servicer with respect to any eligible deferred-foreclosure mortgage during the period while any deferment right under subsection (b) is in effect shall include--
``(A) the due date and the amount of the next payment due on such mortgage;
``(B) the address or the delivery method for such payment;
``(C) the date on which the deferral of the foreclosure will terminate; and
``(D) a notice that failure to make such payment in a timely manner will jeopardize the continuation of the deferral of the foreclosure.
``(e) Deferment Payment.--
``(1) In general.--During the deferment period with respect to any eligible deferred-foreclosure mortgage for which any deferment right has been exercised under subsection (b), monthly payments shall continue to be made by the consumer with respect to such mortgage.
``(2) Amount of payment.--The deferment payment amount for purposes of monthly payments under paragraph (1) with respect to any eligible deferred-foreclosure mortgage shall be, as applicable, the lesser of--
``(A) the minimum monthly payment of principal and interest on the date on which the loan was originated;
``(B) a monthly payment based on the outstanding loan principal plus a rate of interest calculated at a fixed annual percentage rate, in an amount equal to the most recent conventional mortgage rate plus a 100 basis point premium for risk, amortized over a period of 30 years minus the period of time since the origination of the loan; or
``(C) the amount of the first minimum monthly payment due under the mortgage after the origination of such mortgage.
``(3) Amortization of difference.--The difference between the amount of any monthly payment due under the terms of any eligible deferred-foreclosure mortgage and the deferment payment amount shall be amortized over the life of the mortgage beginning after the deferred-foreclosure period in accordance with regulations which the Board shall prescribe.
``(4) Charges prohibited.--No creditor or servicer may impose any late fee or other fee or charge during the deferment period with respect to any eligible deferred-foreclosure mortgage for which any deferment right has been exercised under subsection (b) or in connection with the exercise of such deferment right.
``(f) Notice of Reset and Alternatives.--During the 1-month period that ends 120 days before the date on which the interest rate in effect during the introductory period of an eligible deferred-foreclosure mortgage adjusts or resets to a variable interest rate, or the minimum monthly payment of principal and interest required first increases from the amount of the first such minimum monthly payment due under the mortgage after the origination of such mortgage, the creditor or servicer of such loan shall provide a written notice, separate and distinct from all other correspondence to the consumer, that includes the following:
``(1) Any index or formula used--
``(A) in determining the annual percentage rate applicable as of the effective date of a reset or adjustment; and
``(B) in making any increases in the minimum monthly payments due, and a source of information about the index or formula.
``(2) A good faith estimate, based on accepted industry standards and disclosed in a clear and conspicuous manner, of the creditor or servicer of the amount of the monthly payment that will apply after the date of the adjustment or reset, or increase, as applicable, and the assumptions on which this estimate is based.
``(3) A list of alternatives consumers may pursue before the date of adjustment or reset, or increase, as applicable, and descriptions of the actions consumers must take to pursue such alternatives, including--
``(A) refinancing;
``(B) renegotiation of loan terms;
``(C) payment forbearance;
``(D) pre-foreclosure sales;
``(E) any payment assistance available from the State in which the property is located; and
``(F) any refinancing, loan modification, or other assistance program available through the Federal Government that may apply to the loan.
``(4) The names, addresses, telephone numbers, and Internet addresses of counseling agencies or programs reasonably available to the consumer that have been certified or approved and made publicly available by the Secretary of Housing and Urban Development or a State housing finance authority (as defined in section 1301 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989).
``(5) The address, telephone number, and Internet address for the State housing finance authority (as so defined) for the State in which the consumer resides.
``(g) Most Recent Conventional Mortgage Rate.--For purposes of subsection (f)(1)(A)(ii), the term `most recent conventional mortgage rate' means the contract interest rate on commitments for fixed-rate first mortgages 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 (or any successor publication), in the week preceding a date of determination for purposes of applying this subsection.
``(h) Duty of Consumer To Maintain Property.--Any eligible deferred-foreclosure consumer for whom a deferment of foreclosure is in effect under this section with respect to any eligible deferred-foreclosure mortgage may not, with respect to any property securing such mortgage, destroy, damage, or impair such property, allow the property to substantially deteriorate, or commit waste on the property.
``(i) Declaration of Rights.--In addition to the right of any party to a mortgage to seek a declaratory judgment under section 2201 of title 28, United States Code, any such party may apply prior to the end of the deferment period to any State court of competent or general jurisdiction for an order establishing the rights, duties, and conditions imposed on or applicable to any party to the mortgage, including the terms and conditions of a deferment.
``(j) Coordination With State Law.--
``(1) In general.--No provision of this section shall be construed as annulling, altering, or affecting the laws of any State relating to deferment of foreclosures, except to the extent that those laws are inconsistent with the provisions of this section, and then only to the extent of the inconsistency.
``(2) Rule of construction.--A State law is not inconsistent with this section if the protection that such law affords any consumer is greater than the protection afforded by this section.''.
(b) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 128 the following new item:
``128A. Foreclosure deferment and reset notification for certain mortgages.''.
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SA 2392. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Notwithstanding any other provision of law, the Secretary of Transportation may not reallocate any funds made available through any Act of Congress from the intermodal transportation facility at the Bronx Zoo, New York to any other purpose. Funds appropriated for such facility that are due to expire on September 30, 2009, shall continue to be available for such purpose until 1 year after the date of the enactment of this Act.
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SA 2393. Mr. JOHANNS submitted an amendment intended to be proposed by him to the bill H.R. 3847, making appropriations for the Departments of Commerce and Justice, and Science, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 203, between lines 23 and 24, insert the following:
Sec. 5__. None of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
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SA 2394. Mr. JOHANNS submitted an amendment intended to be proposed by him to the bill H.R. 2996, making appropriations for the Department of the Interior, environment, and and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 240, between lines 13 and 14, insert the following:
prohibition on use of funds
Sec. 4__. None of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
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SA 2395. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 194, after line 23, add the following:
Sec. 1___. None of the funds made available by this Act may be used for the construction, maintenance, or development of the California-Nevada Super Speed Train Commission for the MAGLEV project to create a travel corridor between Las Vegas, Nevada, and Anaheim, California.
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SA 2396. Mrs. McCASKILL submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 264, line 9, strike ``Provided, That'' and all that follows through ``this Act.'' on line 12, and insert the following: ``Provided, That the Secretary of Housing and Urban Development shall award such amounts without regard to any congressionally directed spending item (as defined in rule XLIV of the Standing Rules of the Senate) or any congressional earmark (as defined in rule XXI of the Rules of the House of Representatives) in a committee report or joint explanatory statement relating to this Act: Provided further, That such amounts shall be awarded as grants, on a competitive basis: Provided further, That the Secretary of Housing and Urban Development shall consider the following factors when awarding Neighborhood Initiative funds under this paragraph: 1) economic development strategies that utilize local community-based partnerships between businesses, non-profits and the public sector; 2) neighborhood revitalization efforts that integrate sustainable community and building design processes; 3) input by residents and other stakeholders; 4) creation of homeownership opportunities; 5) links between housing programs and welfare reform initiatives in the neighborhood; and 6) links between workforce development strategies and economic development strategies.''
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SA 2397. Mr. DODD (for himself and Mr. Lieberman) submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Section 3046(a)(22) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) is amended--
(1) in the paragraph heading, by striking ``fuel cell-powered bus'' and inserting ``hydrogen-powered transit''; and
(2) by striking ``Fuel Cell-Powered Bus'' and inserting
``Hyrogen-Powered Transit''.
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SA 2398. Mr. DODD (for himself and Mr. Lieberman) submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 222, line 7, strike ``items 523, 267, and 131'' and insert ``items 131, 267, 523, and 657''.
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SA 2399. Mr. REID (for himself and Mr. Nelson of Florida) submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 332, after line 25, add the following:
Sec. 415. (a) Congress makes the following findings:
(1) Tourism, including conventions and meetings, is an important part of the United States economy that generates billions of dollars in tax revenues for many localities.
(2) Analysts estimate that approximately 90 percent of employers in the travel industry are small businesses and more than 12 percent of United States employees are employed by the travel industry.
(3) Many local economies around the country have developed into destinations for vacationers and conventioneers alike, and those local economies depend on the travel industry to support local employment, create new jobs, and generate tax revenues for critical public services.
(4) These same destinations are home to large and small businesses that have unique skills, amenities, and resources for planning and facilitating meetings and conventions for all purposes and, consequently, may deliver value and convenience for individuals and organizations in need of a location for an official event.
(5) Locating an official event in such a city frequently may save taxpayer dollars, as compared to other locations.
(6) Agencies and departments of the United States have a responsibility to find ways to maximize taxpayer dollars in conducting official business, including planning and conducting official meetings attended by Federal employees.
(7) In deciding where to locate an official government meeting by applying this principle of maximizing taxpayer dollars, government officials often will conclude that many locations known as resort destinations also will provide the best value and convenience for official meetings and business.
(8) Resort and vacation destination cities tend to be affected disproportionally during economic downturns and, therefore, are especially vulnerable to discrimination by meeting and convention planners, which could exacerbate unemployment and related demands on United States taxpayers.
(b) None of the funds appropriated or otherwise made available under this Act may be used by an agency or department of the United States to establish or implement an internal policy regarding travel, event, meeting, or conference locations that discourages or prohibits the selection of such a location because the location is perceived to be a resort or vacation destination.
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SA 2400. Mr. ENSIGN submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 205, strike line 12 and all that follows through page 210, line 14, and insert the following:
operating grants to the national railroad passenger corporation
(including rescission)
To enable the Secretary of Transportation to make quarterly grants to the National Railroad Passenger Corporation for the operation of intercity passenger rail, as authorized by section 101 of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110-432), $550,000,000, to remain available until expended: Provided, That the Secretary shall not make the grants for the third and fourth quarter of the fiscal year available to the Corporation until an Inspector General who is a member of the Council of the Inspectors General on Integrity and Efficiency determines that the Corporation and the Corporation's Inspector General have agreed upon a set of policies and procedures for interacting with each other that are consistent with the letter and the spirit of the Inspector General Act of 1978, as amended: Provided further, That 1 year after such determination is made, the Council of the Inspectors General on Integrity and Efficiency shall appoint another member to evaluate the current operational independence of the Amtrak Inspector General: Provided further, That the Corporation shall reimburse each Inspector General for all costs incurred in conducting the determination and the evaluation required by the preceding two provisos: Provided further, That the amounts available under this paragraph shall be available for the Secretary to approve funding to cover operating losses for the Corporation only after receiving and reviewing a grant request for each specific train route: Provided further, That each such grant request shall be accompanied by a detailed financial analysis, revenue projection, and capital expenditure projection justifying the Federal support to the Secretary's satisfaction: Provided further, That not later than 60 days after enactment of this Act, the Corporation shall transmit to the Secretary, the Inspector General of the Department of Transportation, and the House and Senate Committees on Appropriations a plan to achieve savings through operating efficiencies including, but not limited to, modifications to food and beverage service and first class service: Provided further, That the Inspector General of the Department of Transportation shall provide semiannual reports to the House and Senate Committees on Appropriations on the estimated savings accrued as a result of all operational reforms instituted by the Corporation: Provided further, That not later than 60 days after enactment of this Act, the Corporation shall transmit, in electronic format, to the Secretary, the Inspector General of Department of Transportation, the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation the annual budget and business plan and the 5-year financial plan for fiscal year 2010 required under section 204 of the Passenger Rail Investment and Improvement Act of 2008: Provided further, That the plan shall also include a separate accounting of ridership, revenues, and capital and operating expenses for the Northeast Corridor; commuter service; long-distance Amtrak service; State-supported service; each intercity train route, including Autotrain; and commercial activities including contract operations: Provided further, That the business plan shall include a description of the capital investments to be funded, along with cost estimates and an estimated timetable for completion of the projects covered by this business plan: Provided further, That the Corporation shall provide semiannual reports in electronic format regarding the pending business plan, which shall describe the work completed to date, any changes to the business plan, and the reasons for such changes, and shall identify all sole source contract awards which shall be accompanied by a justification as to why said contract was awarded on a sole source basis: Provided further, That the Corporation's business plan and all subsequent supplemental plans shall be displayed on the Corporation's website within a reasonable timeframe following their submission to the appropriate entities: Provided further, That none of the funds under this heading may be obligated or expended until the Corporation agrees to continue abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the direct loan agreement of June 28, 2002, in the same manner as in effect on the date of enactment of this Act: Provided further, That concurrent with the President's budget request for fiscal year 2011, the Corporation shall submit to the House and Senate Committees on Appropriations a budget request for fiscal year 2011 in similar format and substance to those submitted by executive agencies of the Federal Government.
Of the amounts made available under this heading in Public Law 111-8, all unobligated balances as of the later of September 30, 2009 or the date of the enactment of this Act are rescinded.
capital and debt service grants to the national railroad passenger corporation
(including rescission)
To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for capital investments as authorized by section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110-432), $940,000,000, to remain available until expended, of which not to exceed $264,000,000 shall be for debt service obligations as authorized by section 102 of such Act: Provided, That of the funding provided under this heading, not less than $144,000,000 shall be for bringing the stations on the Corporation's rail system into compliance with the Americans with Disabilities Act: Provided further, That grants shall be provided to the Corporation only on a reimbursable basis: Provided further, That the Secretary may retain up to one-half of 1 percent of the funds provided under this heading to fund the costs of project management oversight of capital projects funded by grants provided under this heading, as authorized by subsection 101(d) of division B of Public Law 110-432: Provided further, That the Secretary shall approve funding for capital expenditures, including advance purchase orders of materials, for the Corporation only after receiving and reviewing a request for each specific capital project justifying the Federal support to the Secretary's satisfaction: Provided further, That none of the funds under this heading may be used to subsidize operating losses of the Corporation: Provided further, That none of the funds under this heading may be used for capital projects not approved by the Secretary of Transportation or on the Corporation's fiscal year 2010 business plan: Provided further, That, the business plan shall be accompanied by a comprehensive fleet plan for all Amtrak rolling stock which shall address the Corporation's detailed plans and timeframes for the maintenance, refurbishment, replacement and expansion of the Amtrak fleet: Provided further, That said fleet plan shall establish year-specific goals and milestones and discuss potential, current, and preferred financing options for all such activities.
Of the amounts made available under this heading in Public Law 111-8, all unobligated balances as of the later of September 30, 2009 or the date of the enactment of this Act are rescinded.
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SA 2401. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 194, after line 23, add the following:
Sec. 1___. The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) is amended in item number 2406 (119 Stat. 1350) by striking the project description and inserting ``Construct SH 199 (Henderson St.) through the Trinity Uptown Project between the West Fork and Clear Fork of the Trinity River in Fort Worth''.
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SA 2402. Mr. WARNER submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. ___. Such amounts as are required from amounts provided in this Act to the Office of the Secretary of Transportation for the Transportation Planning, Research and Development program shall be used for the development, coordination, and analysis of data collection procedures and national performance measures.
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SA 2403. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 318, between lines 11 and 12, insert the following:
Sec. 2___. None of the funds made available by this Act may be used to carry out the Brownfields Economic Development Initiative program administered by the Department of Housing and Urban Development.
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SA 2404. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
On page 221, strike lines 8 through 12 and insert the following:
Sec. 166. In determining the local share of the cost of the project authorized to be carried out under section 3043(c)(70) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1644) for purposes of the rating process for New Starts projects, the Secretary shall consider any portion of the corridor advanced entirely with non-Federal funds.
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SA 2405. Mrs. MURRAY (for herself, Mr. Bond, and Mr. Dodd) submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec._. The first numbered paragraph under the heading
``Tenant-Based Rental Assistance'' in the Department of Housing and Urban Development Appropriations Act, 2009
(Public Law 111-8) is amended by adding the following before the period at the end:
``: Provided further, That up to $200,000,000 from the
$4,000,000,000 which are available on October 1, 2009 shall be available to adjust allocations for public housing agencies to prevent termination of assistance to families''.
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SA 2406. Mrs. MURRAY (for herself and Mr. Bond) submitted an amendment intended to be proposed by her to the bill H.R. 3288, making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 222, strike line 11 and all that follows through page 223, line 2, and insert the following:
Sec. 169. Section 5309(g)(4)(A) of title 49, United States Code, is amended--
(1) by striking ``The total estimated'' and inserting the following:
``(i) In general.--The total estimated''; and
(2) by adding at the end the following:
``(ii) Special rule for fiscal year 2010.--For fiscal year 2010--
``(I) the total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding full funding grant agreements entered into on or before September 30, 2009, and all outstanding letters of intent and early systems work agreements under this subsection for major new fixed guideway capital projects may be not more than the greater of the amount authorized under sections 5338(a)(3) and 5338(c) for such projects or an amount equivalent to the last 3 fiscal years of funding allocated under subsections (m)(1)(A) and
(m)(2)(A)(ii) for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by a letter or agreement; and
``(II) the Secretary may enter into full funding grant agreements under this subsection for major new fixed guideway capital projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.''.
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