H.R. 2781 would designate two segments of the Molalla River in Northwest Oregon, equaling 21.3 miles, as recreational segments of the Wild and Scenic River System.  The segments are currently managed by the Bureau of Land Management (BLM) as the Molalla River Recreation Corridor, without the same use restriction as segments of the Wild and Scenic River System.  As a segment of the Wild and Scenic River System, the river would be subject to new federal restrictions and free water flow protection.  The Wild and Scenic River System is overseen by the Department of Interior and a council including representatives from the BLM, National Park Service, U.S. Fish and Wildlife Service, and U.S. Forest Service.  The Molalla River segments would be directly managed by the BLM.

H.R. 3961 provides for an increase in Medicare physician reimbursements for 2010 equal to the increase in medical inflation, and recalibrates the Sustainable Growth Rate (SGR) mechanism such that year 2009 physician expenditures shall be used as the new baseline for computing whether total physician payments exceed the SGR targets.  The bill establishes two separate conversion factors-one for evaluation and management services, including primary care and preventive services, and one for all other services provided.  Thus evaluation and management services and all other specialist services would receive different annual payment rates, based on the growth of each service over time; the former would also receive a higher conversion factor under the bill-GDP growth plus two percent for evaluation and management services, as opposed to GDP growth plus one percent for all other services.  Finally, the bill allows accountable care organizations established to opt-out of the national expenditure targets created in the bill and establish their own organization-specific targets.

H.R. 3014 amends the Small Business Act to establish a new small business health information technology financing program.  The SBA Administrator would be authorized to guarantee up to 90 percent of the amount of a loan made to a medical practitioner for the acquisition of health information technology for use in medical practice and for the costs associated with the installation of the technology.  The maximum amount of loan principal guaranteed could not exceed $350,000 for a single medical professional or $2 million for a group of associated professionals.

The Administrator may impose a guarantee fee on the borrower for the purpose of reducing the cost of the guarantee to zero.  The Administrator may also impose annual servicing fees on lenders not to exceed 0.5 percent of the outstanding balance of the guarantees on lenders' books.  Loans guaranteed would have a deferral period of one to three years.

The bill authorizes such sums as are necessary for the cost of guaranteeing $10 billion in health IT loans.

H.R. 1839 amends the Small Business Act to modify the SCORE program.  SCORE is an SBA non-profit partner which educates entrepreneurs.  SCORE maintains 370 chapters nationwide.  This bill authorizes $7 million in each of Fiscal Years 2010 and 2011 for SCORE.  The legislation directs SCORE to establish benchmarks for the success of assisted entrepreneurs which would be reviewed by SBA.  SCORE would also create a mentoring program and a networking program for small businesses. 

H.R. 1834 authorizes $2 million in each of Fiscal Years 2010 and 2011 for the Small Business Administration's (SBA) Office of Native American Affairs. The bill also authorizes $15 million in Fiscal Year 2010 and $17 million in Fiscal Year 2011 for grants of up to $300,000 for tribal business information centers. These centers assist Native Americans to start and expand small businesses. Finally, H.R. 1834 authorizes $7 million in each of Fiscal Years 2009 and 2010 for grants of up to $300,000 for SBDCs in States with populations made up of over 1 percent Indian tribe members.

Some Members may be concerned that the bill also provides funding to Native Hawaiians, a racial group which is not a tribe. Such financial assistance on the basis of race would likely be subject to "strict scrutiny" in federal courts and is presumptively unconstitutional.

The bill establishes a new Small Business Administration (SBA) grant program for venture capital funds to invest in early-stage small businesses in targeted industries.  Targeted industries include manufacturing, energy, agriculture, IT, digital media, and defense.  H.R. 3738 authorizes $200 million for the first full fiscal year beginning after the date of the enactment.  Grants could not exceed $100 million for any company.  A grant made to a participating investment company may not be in an amount that exceeds the amount of the company's non-federal capital.

H.R. 1842 requires the Small Business Administration (SBA) to develop a plan for creating jobs through its entrepreneurial development programs. The SBA would also have to implement a consistent data collection process for all of its development programs. The SBA Administrator would establish a web-based portal with comprehensive information on all of the agency's development resources.

H.R. 3791 reauthorizes the Assistance to Firefighters (AFG) and Staffing for Adequate Fire and Emergency Response (SAFER) programs within FEMA. 

Assistance to Firefighters Grants

The bill reauthorizes the AFG program at $1 billion per year from FY 2010 to FY 2014.  While current authorization levels are $1 billion, $390 million was appropriated for AFG grants in FY 2010.  H.R. 3791 includes a Sense of Congress that addresses this discrepancy, stating:

The House-passed conference report for the Department of Homeland Security Appropriations Act, 2010 appropriates $390 million for activities under such section 33, a decrease of over 30 percent below that provided in fiscal year 2009; declining funding reduces the Director's ability to successfully carry out the primary purpose of such section, which is to protect the health and safety of the public and firefighting personnel throughout the Nation against fire and fire-related hazards; and halting and reversing the decline in appropriations to ensure a high level of funding for the activities under such section 33 should be a top priority.

According to research, fire grants have proven ineffective, and have not reduced deaths or injuries for either firefighters or civilians.

H.R. 3791 requires that all AFG grants be made on a competitive basis for the following uses:

• To fire departments of a State, in consultation with the chief executive of the State, for the purpose of protecting the health and safety of the public and firefighting personnel throughout the nation against fire and fire-related hazards;
• To State fire training academies, in consultation with the chief executive of the State;
• Assistance for fire prevention and firefighter safety research and development programs and fire prevention or fire safety programs and activities; and
• Assistance for volunteer, non-fire service EMS and rescue organizations.

The bill sets aside 10 percent of the funds for AFG grants to be used to make grants to fire departments for fire prevention programs.  This money is to be awarded to national, State, local, or community organizations that are not fire departments.  H.R. 3791 requires that priority be given to organizations that focus on prevention of injuries to high risk groups from fire, and research programs that demonstrate the potential to improve firefighter safety.

The bill lowers the non-federal matching requirement for larger departments from 15 percent to 10 percent, while retaining the five percent match for small departments.  H.R. 3791 provides the Director of FEMA the authority to provide an "economic hardship waiver" that would waive or deduce the matching requirement. 

The bill provides a new framework for fire department grant recipients, requiring that 25 percent of all funds be made available to career fire departments (made up of paid, usually unionized, firefighters); 25 percent made available to volunteer fire departments; and 25 percent to combination fire departments.  Current law does not distinguish between different types of departments.  In the past, volunteer fire departments often received a higher percentage of funding when competitively bid.  This change is likely meant to address concerns of "career" firefighters who were not receiving the same percentage of funds. 

H.R. 3791 increases the maximum allowable grant size depending on the size of population served by a department (ranging from $1 million for smaller jurisdictions to $9 million for larger jurisdictions).  In addition, the bill would allow the Director of FEMA to award grants in excess of these limits if he/she determines that "extraordinary need for assistance by a jurisdiction warrants a waiver."  Among the limitations on the use of the Assistance to Firefighters grants, no more than 25 percent of the funds can be used to purchase vehicles. 

The bill allows funding to be used to provide grants to institutes of higher education, a national fire service organization, or a national fire safety organization to establish and operate a fire safety research center.  It specifies that the Director can establish no more than three fire safety research centers with this funding.  The purpose of this funding would be to reduce the number of fire-related deaths and injuries among firefighters and the general public.

Staffing for Adequate Fire and Emergency Response

H.R. 3791 expands the SAFER grant program which makes grants to increase staffing levels at fire departments.  The bill authorizes this program at $1.2 billion per year from FY 2010 to FY 2014.  Similar to AFG grants, this authorization level is equal to current authorization levels, but considerably higher than current appropriations ($420 million in FY 2010). 

The bill includes a provision allowing firefighters hired with funds from the grant to be volunteers in other jurisdictions during off-duty hours without discrimination.  Such an employee would be protected from being prohibited from engaging in any other volunteer work. 

H.R. 3791 requires that at least 10 percent of funds be made available to departments with a majority of volunteer personnel.  In addition, the bill requires that 10 percent of the total amount of funds be made to a competitive grant program for the recruitment and retention of volunteer firefights who are involved with or trained in the operations of firefighting and emergency responses. 

The bill provides new authority to the Director of FEMA to waive the requirements under "exceptional circumstances" that federal funds supplement, rather than supplant, local funds. H.R. 3791 also reduces the length of grant period to three years, and reduces the local match requirement to 20 percent from 30 percent.  The bill also eliminates the cap on the maximum allowable grant size per firefighter which was previously $100,000. 

Study and Report

H.R. 3791 would require a study and report on the AFG program to be made within two years to relevant Congressional committees.  The bill authorizes $300,000 for this study and report.

H.Res. 890 would resolve that the House of Representatives:

•  "Commends the maturating of the relationship between the United States and the Republic of India, exemplified by the current official visit of the Prime Minister of India, His Excellency Dr. Manmohan Singh;

•  "Looks forward to continuing progress in the relationship between the United States and India; and

•  "Welcomes Prime Minister Singh to the United States."

H.Con.Res. 212 would resolve that Congress:

•  "Recognizes the 20th anniversary of the historic events in Central and Eastern Europe that brought about the collapse of the communist regimes and the fall of the Iron Curtain;

•  "Commemorates, with the Slovak and Czech Republics, the 20th anniversary of the Velvet Revolution in Czechoslovakia, which underscores the significance and value of reclaimed freedom and the dignity of individual citizens;

•  "Commends the peoples of the Slovak and Czech Republics for their remarkable achievements over the past 20 years in building free, democratic, and prosperous societies;

•  "Appreciates the contribution of the Slovak and Czech Republics as members of the North Atlantic Treaty Organization and the European Union to the promotion and defense of common values of freedom, democracy, and liberty around the world;

•  "Reaffirms the bonds of friendship and close cooperation that have existed between the United States and the Slovak and Czech Republics; and

•  "Extends the warmest congratulations and best wishes to the people of the Slovak Republic and the peoples of the Czech Republic for a peaceful, prosperous, and successful future."

S. 1599 revises the federal charter of the Reserve Officers Association of the United States to include the president elect of the Association on the national executive committee as a non-voting member.  The bill makes the president elect of the Association an officer and eliminates the specific exclusion against the officers of a surgeon, a chaplain, a historian, and a public relations officer. 

The bill declares that the officers take office at the national convention and requires the judge advocate to be appointed by the national executive committee.  The bill allows for appointment by the national executive committee of any other national officers specified in the Association's constitution.

H.R. 3305 would rename the Federal building and United States courthouse located at 224 South Boulder Avenue in Tulsa, Oklahoma, as the "H. Dale Cook Federal Building and United States Courthouse."

H.Res. 851 resolves that "the House of Representatives recognizes and honors SEARCH, The National Consortium for Justice Information and Statistics, on the occasion of its 40th anniversary for accomplishments to promote information sharing and identification solutions for first responders and law enforcement officers, and for the protection of privacy and citizens' rights."

H.Res. 891 would resolve that the House of Representatives "expresses its gratitude for the service to our Nation of the Coast Guard and Marine Corps aircraft pilots and crewmembers lost off the coast of California on October 29, 2009, and extends its condolences to their family, friends, and loved ones."

H.Res. 841 would resolve that the House of Representatives:
• "Encourages-
o "High schools, colleges, universities, administrators, teachers, primary schools, and secondary schools to launch campus-wide educational campaigns to urge students to be careful about safety when driving;
o "National trucking firms to alert their drivers to be especially focused on driving safely during the heaviest traffic day of the year, and to publicize the importance of the day using Citizen's Band (CB) radios and in truck stops across the Nation;
o "Clergy to remind their members to travel safely when attending services and gatherings;
o "Law enforcement personnel to remind drivers and passengers to drive safer; and
o "All people of the United States to use this as an opportunity to educate themselves about the dangers of distracted driving and highway safety; and
• "Supports the designation of ‘Drive Safer Sunday'."

H.R. 3360 adds a number of new regulations and requirements for cruise vessels. Among other things, the bill requires that cruise vessels have rails located not less than 42 inches above the cabin deck, have technology to detect when a passenger has fallen overboard, video surveillance, and time sensitive key technologies. The bill also includes increased reporting requirements for incidents of crime on cruise vessels. The legislation provides civil penalties for the violations of this section and allows the Secretary to deny entry into the U.S. to a vessel if the owner commits an act for which a penalty may be imposed. The requirements would apply to any cruise ship that carries at least 250 passengers and must be met 18 months after the bill's enactment.

The bill requires that each passenger room and crew cabin be equipped with entry doors that include peep holes, security latches, and time-sensitive key technology. The bill also requires cruise vessel owners to maintain video surveillance systems and make the recordings available if they are requested during the investigation of a crime. Owners would also be required to ensure that each room contained safety information and the location of the U.S. embassy and consulate in each country the vessel visits.

H.R. 3360 requires all cruise vessels to maintain a supply of onboard anti-retroviral medications to prevent sexually transmitted disease after sexual assault, have equipment for performing a medical examination in the case of a sexual assault, and have at least one medical staff worker certified in emergency medicine, family practice medicine, or internal medicine on the vessel at all times. In the case of sexual assault, the owner would have to provide free access to private communications and the contact information of the applicable law enforcement agency.

In addition, the legislation would require cruise vessel owners to establish procedures regarding which crew members have access to passenger staterooms and record all reports of crime in a log book. The bill also requires the Secretary of Transportation to maintain a compilation of all the incidents on an Internet site that provides an account of all alleged crimes recorded. Any cruise line taking on or discharging passengers in the U.S. would include a link on its Web site to the Transportation Department.

The owner would also be required to contact the nearest Federal Bureau of Investigation Field Office as soon as possible after the occurrence of a homicide, suspicious death, missing person, kidnapping, assault with serious bodily injury, tampering with the ship, or theft in excess of $10,000.

The legislation would provide for a civil penalty of up to $25,000 per day for any person who violates the regulations in the bill and a maximum penalty of $50,000 for continuing violations. Any person that willfully violates a regulation would be subject to a criminal penalty of not more than $250,000 or imprisoned not more than 1 year, or both.

Finally, the bill requires the Secretary, in consultation with the FBI, to develop training standards to allow for the certification of cruise security personnel, crew members, and law enforcement officials on the appropriate methods for prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment. Cruise lines would be required to have at least one crewmember trained in crime scene investigation onboard while the vessel is in service.

H.R. 3618 would implement the terms of the International Convention on the Control of Harmful Anti-fouling Systems on Ships, which was agreed upon by the U.S. and 24 other nations in 2001. The Convention places limitations on the use of the organotin chemicals on the hulls of ships to prevent the build-up of biological organisms (algae, mollusks, etc.), known as "fouling."

Specifically, the legislation would ban any new application of tributyltin-based anti-fouling system and prohibit the use of organotin anti-fouling systems unless the vessel has an overcoating to prevent the organotin from leaking. The restrictions would apply to U.S. ships, any ship permitted to operate on the outer continental shelf, and any other ship in the U.S. waters. The restriction would not apply to military vessels of the U.S. or a foreign country if they were acting in a non-commercial capacity.

The bill would require any vessel over 400 tons that engages in international voyages to carry an International Antifouling System Certificate to prove that they were not using a tributyltin-based anti-fouling system. The certificate would be issued by the Secretary of the agency under which the Coast Guard is operating. Under the bill, a certificate issued by a country participating in the Convention would have the same effect as a U.S. certificate. The bill would allow the Secretary to determine a means to assess compliance through similar documentation for a vessel from any county that does not participate in the Convention.

H.R. 3618 would require ships 24 meters or longer, but less than 400 tons, to carry a declaration signed by the owner that the ship's anti-fouling system complies with the Convention. The bill would allow the Secretary to require vessels to hold other documentation if it is deemed necessary.

The bill authorizes the Administrator of the Environmental Protection Agency (EPA) to participate in a technical group convened under the Convention to consider additional controls on anti-fouling systems and to assess the effect of new restrictions. In addition, the Secretary of State would be required to convene a meeting of the Shipping Coordinating Committee to receive and record comments regarding anti-fouling system controls. The bill also requires the Secretary, the Administrator of the EPA, and the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to undertake research on the scientific and technical activities undertaken pursuant to the Convention.

H.R. 3618 would prohibit the sale or distribution of any new anti-fouling system that uses organotin. The bill would prohibit any vessel from having any anti-fouling system that contains organotin unless the vessel has an overcoating to prevent the organotin from leaking. The bill gives the Secretary and the Administrator the authority to investigate and inspect vessels to certify their compliance with the legislation and the Convention.

The legislation establishes criminal and civil penalties for any person that knowingly violates the Convention of up to six years imprisonment and up to $37,500 for each violation and $50,000 each time an individual provides false information regarding anti-fouling systems. The fine would be limited to $5,000 for recreational boats in violation.

H.R. 1242 amends section 113 of the Emergency Economic Stabilization Act (EESA) of 2008 (Public Law 110-343) to direct the Secretary of the Treasury to provide to the Special Inspector General of the Troubled Asset Relief Program (TARP), the Comptroller General, and the Congressional Oversight Panel ongoing, continuous, and close to real-time updates of the status of funds distributed under EESA through a standardized electronic database that combines information from public and private sources to track the status of the funds distributed under EESA.

The legislation requires the Secretary to: (1) compare the data in such database with any other data for any activities that are inconsistent with EESA purposes; and (2) collect from all federal agencies any regulatory filings, internal models, financial models, and analytics associated with the financial assistance on at least a daily basis in order to help the Secretary to determine the effectiveness of TARP in stimulating prudent lending and strengthening bank capital. H.R 1242 also directs the Secretary, if TARP goals are not being met, to work with the federal agencies supplying the information to have them provide the recipients with recommendations for better meeting such goals. Lastly, the bill requires the Secretary to adjust the future uses of TARP assistance if such goals are not met even following such recommendations.

S. 1825 extends the GSA relocation expenses test program for federal employees at the request of the agency administering the program. The bill requires that each agency submit an annual report on the results of the program to the Administrator.

The bill increases to 12 the number of test programs that may be conducted simultaneously, and limits approval for any test program to an initial four-year period, with four-year extensions authorized.

The bill repeals a provision disclaiming any intent to limit agency authority to conduct such test programs.

H.R. 1506 would require any claim of the United States to certain property relating to Franklin Delano Roosevelt, his family, or staff to be treated as having been waived and relinquished on the day before any person makes a gift of such property to the National Archives and Records Administration (NARA).  The bill defines this property as any part of the collection of documents, papers, and memorabilia relating to Roosevelt or any member of his family or staff that was in the possession of Grace Tully and retained by her at the time of her death.  The bill specifies that the date of such gift is any date after the physical delivery of the property to NARA as specified by the donor.

S. 1314 would designate the facility of the United States Postal Service located at 630 Northeast Killingsworth Avenue in Portland, Oregon, as the "Dr. Martin Luther King, Jr. Post Office."

H.R. 3539 would designate the facility of the United States Postal Service located at 427 Harrison Avenue in Harrison, New Jersey, as the "Patricia D. McGinty-Juhl Post Office Building".

H.R. 3767 would designate the facility of the United States Postal Service located at 170 North Main Street in Smithfield, Utah, as the "W. Hazen Hillyard Post Office Building."

 The bill sets the tone for a Washington takeover of the health care system-one defined by federal regulation, mandates, myriad new programs, and higher federal spending.  The bill would ensure the heavy hand of federal bureaucrats over the United States health care system, levying costly new taxes on individuals and businesses who do not comply.  Many Members may question how additional federal mandates and bureaucratic diktats raising costs appreciably for all Americans would make health care more "affordable."  Many Members may also be concerned that the bill's provisions-only partially masked by budgetary gimmicks and "smoke-and-mirrors" accounting-cost nearly $1.3 trillion, financed largely by significant job-killing tax increases imposed on small businesses during a recession.

Buried within the contents of the 1,990 page bill-as well as a separate 13-page bill (H.R. 3961) that would increase the deficit by more than $200 billion-are details that will see a massive federal involvement in the health care of every American, including the following:

• Creation of a government-run health plan that experts say would result in up to 114 million Americans losing their current coverage-a clear violation of any pledge to allow individuals to keep their current health plan;
• Nearly half a trillion dollars in tax increases on certain income filers, a majority of whom are small businesses-and $729.5 billion in tax increases overall;
• Insurance regulations that would raise costs for nearly all Americans, particularly young Americans, and confine choice of plans to those approved by a board of bureaucrats;
• New price controls on health insurance companies that provide perverse incentives to keep individuals sick rather than managing chronic disease, while impeding patient access to important services just because those services do not provide a direct clinical benefit;
• Additional federal mandates that would significantly erode the flexibility currently provided to employers-and could result in firms dropping coverage;
• Massive expansion of Medicaid to all individuals with incomes below 150 percent of the Federal Poverty Level ($33,075 for a family of four), replacing the existing private health coverage of millions with taxpayer-funded health care-and imposing tens of billions of dollars in new unfunded mandates on States;
• Denial of health plan choice to 15 million Americans, consigning them instead to a Medicaid program riddled with bureaucratic obstacles and poor access to care, such that its own beneficiaries do not consider it "real insurance;"
• Language opening employers operating group health plans to State law remedies and private causes of action-subjecting employers to review by 50 different State court rulings, thereby raising costs and encouraging more employers to drop their current health plans;
• Liability "reforms" intended to ensure trial lawyers do not have their compensation reduced, rather than meaningful changes that would reduce the cost of health care by eliminating wasteful defensive medicine practices;
• Establishment of a bureaucrat-run health Exchange that would abolish the private market for individual insurance outside the Exchange-and could evolve into a single-payer approach due to the Exchange's ability to cannibalize existing employer plans;
• Creation of a new government board, the "Health Benefits Advisory Committee," that would empower federal bureaucrats to impose new mandates on individuals and insurance carriers;
• Taxation of individuals who do not purchase a level of health coverage that meets the diktats of a board of bureaucrats-including those who cannot afford the coverage options provided;
• New, job-killing taxes-$135 billion worth-on employers who cannot afford to provide their workers health insurance, resulting in up to 5.5 million lost jobs, according to a model developed by President Obama's chief economic advisor;
• Penalties as high as $500,000 on employers who make honest mistakes when filing paperwork with the government health board-which would likely dissuade businesses from continuing to provide coverage, increasing enrollment in the bureaucrat-run Exchange;
• "Low-income" health insurance subsidies to a family of four making up to $88,200;
• Arbitrary and harmful cuts to popular Medicare Advantage plans that would result in millions of seniors losing their current health coverage; and
• Expanded price controls on pharmaceutical products that would discourage companies from producing life-saving breakthrough treatments.

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H.R. 2868 amends the authority of the Department of Homeland Security (DHS) and the Environmental Protection Agency (EPA) to protect against acts of terrorism against chemical facilities, wastewater treatment works, and drinking water systems.  The bill also makes DHS' Chemical Facility Anti-Terrorism Standards permanent (see Background section below).

The bill authorizes a total of $900 million over three years for chemical security, including $325 million in Fiscal Year 2011, of which $100 million would be available for methods to reduce the consequences of a terrorist attack, $300 million in Fiscal Year 2012, of which $75 million would be available for methods to reduce the consequences of a terrorist attack, and $275 million in Fiscal Year 2013, of which $50 million would be available for methods to reduce the consequences of a terrorist attack.  

Risk-Based Designation and Ranking of Chemical Facilities:  H.R. 2868 authorizes DHS to designate any chemical substance as a "substance of concern" and establish threshold quantities for each such chemical that is used, stored, manufactured, processed, or distributed by a chemical facility.  Considerations would include the potential for death, serious adverse effects to human health, the environment, critical infrastructure, national security, or the national economy from a terrorist incident.

The bill requires DHS to maintain a list of facilities that have more than a threshold quantity of a "substance of concern" and pose a security risk based on criteria such as the potential threat or likelihood of a terrorist attack at the facility, the potential harm from a terrorist incident, and the proximity of the facility to large population centers.  DHS could require a facility to submit information regarding the facility's substances of concern to determine whether it would be covered under the list. 

H.R. 2868 also requires DHS to assign each covered facility to one of at least four risk-based tiers, with Tier 1 being the highest-risk.  DHS would periodically review the list of substances of concern and the threshold quantities, and could at any time add, remove, or change the tier assignment for each facility.  DHS would be responsible for providing covered facilities with relevant information about probable threats.

Security Vulnerability Assessments & Site Security Plans:  H.R. 2868 requires DHS to establish risk-based, performance-based standards, and procedures for mandatory security vulnerability assessments and site security plans, and to set deadlines by tier for completion.  DHS would approve or disapprove the assessments and security plans within 180 days of receipt.  The bill directs facilities to review and resubmit their security vulnerability assessments and site security plans every five years.  Facilities would have to notify DHS if they change their use or storage of a substance of concern or modify operations.

Site Inspections:   The bill allows DHS a right of entry at reasonable times to chemical facilities to conduct security verifications and inspections.  For Tier 1 and Tier 2 facilities, DHS would also conduct unannounced inspections to evaluate compliance with requirements of the bill.  H.R. 2868 requires DHS to increase its number of chemical facility inspectors by at least 100 in Fiscal Years 2011 and 2012.  During inspections, DHS would be required to offer employees the opportunity to share information about the facility's compliance or non-compliance. 

Records:  The bill allows DHS to require the submission of, or access to, a chemical facility's records in order to review its security vulnerability assessment or site security plan.

Information Sharing:  H.R. 2868 requires DHS to provide information concerning a threat that is relevant to a specific chemical facility in a timely manner.  Likewise, facilities would be required to report any threat, significant security incident, or penetration of the facility's cyber or physical security to DHS.

Enforcement:  For owners or operators of facilities deemed to be in violation of the bill, H.R. 2868 allows the Secretary to issue a fine of $25,000 per day.  The Secretary may also issue an order to cease operations at the facility until compliance is achieved to the satisfaction of DHS.

Whistleblower Protections:  The bill directs DHS to establish a process for any person to report deficiencies or vulnerabilities at a chemical facility.  The identity of the person would be kept confidential and retaliation against whistleblowers would be prohibited.  Any employee who alleges retaliation occurred could seek review in district court.

Lack of Federal Preemption:  The bill allows any State or local government to issue a regulation, requirement, or standard or performance for chemical facility security that is more stringent than the federal statute.

Information Protection:  H.R. 2868 gives DHS authority to promulgate regulations and issue orders to prohibit the unauthorized disclosure of protected information.  DHS would provide standards for the appropriate sharing of protected information with federal, State, local, and tribal governments, law enforcement and first responders, and designated chemical facility personnel.  Any person who discloses protected information in knowing violation would be subject to criminal penalties and removal from federal office or employment.  The legislation defines protected information to include vulnerability assessments and site security plans and portions of other security-related documents, and records that would be detrimental to the security of covered chemical facilities if disclosed.  The bill does not prohibit the sharing of information with Members of Congress.

Methods to Reduce Consequences of an Attack:  The bill requires the owner or operator of a covered chemical facility to include in its site security plan an assessment of methods to reduce the consequences of a terrorist attack (more commonly referred to as "Inherently Safer Technologies."  The Director of a new Office of Chemical Facility Security could require a facility to implement methods to reduce consequences of a terrorist attack, if the director determines that certain conditions are met.  An owner or operator of a facility could provide a written appeal to DHS, within 120 days, explaining why it cannot comply with the determination.

Background Checks:  The bill requires DHS to issue regulations requiring chemical facilities to establish personnel background checks for individuals with access to restricted areas of the facility's critical assets.  The regulations would describe the appropriate scope and applications for security background checks.  If, as the result of a background check, a chemical facility finds that an individual is not legally authorized to work in the U.S., or meets certain criminal history disqualifiers, the owner or operator shall cease to employ the individual, subject to redress processes available to the individual.

Citizen "Enforcement" and Petitions:  The bill allows any person to bring a civil action in district court against any governmental entity allegedly in violation of the Act or against the Secretary for an alleged failure to perform any act or duty under the bill.

The bill also requires DHS to establish a petition process to receive, investigate, and respond to allegations of violations at covered facilities.  DHS would establish the parameters of the petition process and the procedures for the Inspector General's review of DHS' response to a petition.  DHS would be required to accept all petitions, investigate all allegations, determine whether an enforcement action is required, and respond to all accepted petitions in writing.

Drinking Water Security:  H.R. 2868 authorizes the EPA to regulate the security of community water systems serving more than 3,300 people, as well as other public water systems that EPA determines present a security risk.  The bill authorizes $315 million in Fiscal Year 2011 for grants to States and nonprofits to help develop security plans for covered public water systems.  $30 million of this total could be used for administrative costs incurred by the EPA or States, and $125 million could be used to implement methods to reduce the consequences of a chemical release from an intentional act at water systems.  The measure authorizes such sums that may be necessary in Fiscal Years 2012 through 2015.

The bill requires water systems to conduct a vulnerability assessment, develop and implement a site security plan, and develop an emergency response plan.  EPA would establish deadlines for these plans and for providing training to employees of water systems, and requires the EPA to consult with States exercising primary enforcement responsibility for public water systems and with DHS.  H.R. 2868 requires EPA to assign each water system to one of four risk-based tiers, with Tier 1 being highest-risk.  It requires the EPA to develop regulations to establish risk-based, performance-based standards and procedures for mandatory security vulnerability assessments and site security plans.  The bill allows each water system to select layered security measures that address the security risks identified in the vulnerability assessment and meet the risk-based performance standards.  

Under this bill, EPA would provide guidance, computer software, and other tools to water systems in Tier 3 and Tier 4 to streamline the process for other systems.  For a water system that is assigned to Tiers 1 and 2 that possesses a substance of concern, the State exercising primary enforcement for the system would be required to make determinations on methods to reduce consequences of a chemical release.  In States without primacy, the EPA would make such a determination.

The State with primacy could require a water system to implement methods to reduce consequences of a chemical release if it determines that certain conditions are met.  Such conditions include whether consequence-reduction methods would significantly reduce the consequences of a release of a substance, not increase the interim storage of a substance of concern by the water system, not put the water system out of compliance with the Safe Drinking Water Act, and remain feasible for the water system.

A water system that violates any requirement of this section would be liable for a civil penalty of up to $25,000 for each day after the violation occurs.

H.R. 2868 allows EPA to make grants to States, non-profit organizations, and water systems to assist them in implementing this section.  The bill also creates a new worker training grants program for training and education of employees with roles or responsibilities under the bill. 

Wastewater Treatment Works Security:  The bill establishes EPA as the lead agency for wastewater security.  It authorizes $1 billion over five years for EPA to make grants to States, municipalities, and other entities to conduct vulnerability assessments, providing security-related training to treatment works employees and emergency response providers, and install security improvements at publicly-owned wastewater treatment facilities.

The bill also requires treatment works with a capacity of at least 2.5 million gallons per day, or any facility deemed by the EPA to present a security risk, to conduct a vulnerability assessment, develop and implement a site security plan, and develop an emergency response plan for the treatment works.  H.R. 2868 requires EPA to assign each covered treatment works to one of at least four risk-based tiers, with Tier 1 being highest-risk.  It requires the EPA to develop regulations to establish risk-based, performance-based standards and procedures for mandatory security vulnerability assessments and site security plans.

The bill directs EPA to require the owner or operator of a covered treatment works that possesses a substance of concern to include in its site security plan an assessment of methods to reduce the consequences of a terrorist attack, including the elimination or reduction of such substances.  The assessment would include the potential impact of the method on the responsibilities of the treatment works under the Clean Water Act.  It would also provide for the mandatory implementation of a method to reduce the consequences of a terrorist attack for a treatment works that is assigned to the highest two risk-based tiers and possesses a substance of concern.

The bill requires the owner or operator of a treatment works to develop an emergency response plan that incorporates the results of the current vulnerability assessment and site security plan, and certify to the EPA when the plan has been completed.  

H.R. 3737 authorizes such sums as necessary to make $80 million in technical assistance grants and $110 million in direct loans in Fiscal Year 2010 and 2011 under the SBA Microloan program. This program provides short-term loans of up to $35,000 for working capital and the purchase of supplies, inventory, and equipment. The bill also increases loan limits for intermediary lenders to $1 million for the first year of participation and $7 million in the remaining years. H.R. 3737 expands the eligibility for intermediary lenders so that lenders with no experience making microloans would be eligible to participate if one of its employees has at least three years of experience. Finally, the bill creates a Young Entrepreneurs program in the SBA to assist the development of new businesses by young people who remain in their local area. Repayment on such loans would be deferred for six months.

H.R. 3743 amends the SBA disaster loan program to enable SBA to better respond to major disasters. Specifically, the bill authorizes such sums as necessary in Fiscal Years 2010 and 2011 to administer the program and increases the limit for disaster loans to $3 million (from $1.5 million) and increases the aggregate loan limit amount for a borrower to $3 million (from $2 million).

The bill further allows SBA to issue grants of up to $100,000 for small businesses affected by a disaster. Such sums as may be necessary are authorized for $100 million in such grants in each of Fiscal Years 2010 and 2011. H.R. 3743 authorizes $50 million in loan applicant assistance grants for each of Fiscal Years 2010 and 2011. These grants would go to women's business centers, small business development centers, Veteran Business Outreach Centers, and chambers of commerce in an area affected by a disaster.

H.R. 1838 authorizes $20 million in Fiscal Year 2010 and $22 million in Fiscal Year 2011 for women's business centers, 40 percent of which must be spent on new centers. These cost-share funds would be available to centers only if certain non-federal dollar requirements are met. The bill establishes performance standards for these women's business centers and each center must submit an annual financial and strategic plan to the SBA.

H.R. 1845 authorizes $150 million in Fiscal Year 2010 and $160 million in Fiscal Year 2011 for the Small Business Development Center (SBDC) program. Only fully accredited higher education institutions may receive new grants through the program.

The bill authorizes $2.5 million in each of the Fiscal Years 2010 and 2011 for a new grant program for SBDCs to develop programs which help local small firms in securing capital and repairing damaged credit. These grants would be for $300,000 each.

The bill authorizes $2.5 million in each of the Fiscal Years 2010 and 2011 to establish a procurement training program by which SBDCs work with local agencies to find contracts for local small businesses. The bill also authorizes $2.5 million in each of the Fiscal Years 2010 and 2011 for a new "green entrepreneurial development program" to educate businesses on energy efficiency, green technology, and clean technology.

Finally, H.R. 1845 authorizes $2.5 million in each of the Fiscal Years 2010 and 2011 for a statewide small business helpline in every State and territory to provide information to small business and dislocated workers interested in starting a business.

H.Con.Res. 209 would resolve that the House of Representatives:
• "Recognizes the 30th anniversary of the Iranian hostage crisis, during which 52 United States citizens were held hostage for 444 days;
• "Honors the sacrifice and service of the United States diplomats and military personnel held hostage and the servicemen who lost their lives and were wounded in a valiant attempt to free the United States hostages;
• "Expresses its support for all Iranian citizens who embrace the values of freedom, human rights, civil liberties, and rule of law; and
• Urges the Secretary of State to make every effort to assist United States citizens held hostage in Iran at any time during the period beginning on November 4, 1979, and ending on January 20, 1981, and their survivors in matters of compensation related to such citizens' detention."

H.Res. 893 would resolve that the House of Representatives "congratulates the 2009 Major League Baseball World Series Champions, the New York Yankees, for an outstanding season and a record 27th World Series Championship win; and the players, coaches, staff and leadership of the Yankees organization for their great success."

H.Res. 877 would resolve that the House of Representatives:
• "Expresses its support for Huang Qi and Tan Zuoren for engaging in peaceful expression as they seek answers and justice for the parents whose children were killed in the Sichuan earthquake of May 12, 2008; and
• "Calls on the Government of the People's Republic of China to-
o "Provide Huang Qi and Tan Zuoren with the rights that all Chinese citizens have under article 35 and article 41 of China's Constitution, namely freedom of speech and association and the right to make suggestions to officials free from suppression and retaliation;
o "Ensure that Huang Qi and Tan Zuoren are afforded the rights guaranteed to all defendants under the Criminal Procedure Law of the People's Republic of China; and
o "Implement its own National Human Rights Action Plan by allowing parents, concerned citizens, and the news media to conduct their own investigations into the role inferior construction and corruption may have played in the collapse of school buildings during the Sichuan earthquake, free from government harassment and official interference, and by ensuring that citizens have full access to effective legal remedies for their grievances."

H.Res. 892 would resolve that the House of Representatives:
• "Recognizes the events of 1989 that helped lead to the end of the Cold War;
• "Congratulates the countries of Central and Eastern Europe who have made great progress in the past 20 years and emerged as strong, vibrant democracies;
• "Expresses strong support and friendship for the countries of Central and Eastern Europe, and reaffirms its commitment to the solemn obligations set forth in article 5 of the North Atlantic Treaty;
• "Welcomes the commitment by the European Union (EU) and the North Atlantic Treaty Organization (NATO) to keep the door to membership open for all European countries which meet the conditions for accession; and
• "Supports the continued efforts to create a Europe whole, free and at peace."

H.Res. 833 would resolve that the House of Representatives:
• "Commemorates the 60th anniversary of the close relationship between the United States and the Hashemite Kingdom of Jordan;
• "Expresses its profound admiration and gratitude for the friendship of the Jordanian people;
• Congratulates His Majesty King Abdullah II on 10 years of enlightened and progressive rule; and
• "Shares the hope of His Majesty King Abdullah II and the Jordanian people for a more peaceful Middle East."

H.Res. 700 would resolve that the House of Representatives:
• "Supports the designation of National School Psychology Week;
• "Honors and recognizes the contributions of school psychologists to the success of students in schools across the United States; and
• "Encourages the people of the United States to observe the week with appropriate ceremonies and activities that promote awareness of the vital role school psychologists play in schools, in the community, and in helping students develop into successful and productive members of society."

H.Res. XXX would "resolve that the House of Representatives honors the lives of the brave soldiers and civilians of the United States Army who died or were wounded in the tragic attack of November 5, 2009, at Fort Hood, Texas. The American people share the pain and grief of this tragic loss. Our thoughts and prayers will continue to be with the families of those who were so unfortunately taken from them."

H.Res. XXX provides for the passage of H.R. 1299 and S. 1023 (see below).  Both of these bills have been passed by the House previously.  In the case of S. 1023, the bill was passed attached to H.R. 1035, which passed the House on October 7, 2009.

H.R. 3276 would authorize funding to support projects to produce molybdenum-99, a radioactive isotope used in certain medical procedures.

Specifically, the bill authorizes $163 million in Fiscal Years 2011 through 2014 for the Department of Energy to establish a program to evaluate and support projects for production in the U.S., without the use of highly enriched uranium, of significant quantities of molybdenum-99 for medical uses. The legislation also directs the Department to make low enriched uranium (LEU) available through lease contracts to producers of molybdenum-99. The contracts would allow the Department to retain financial responsibility for radioactive waste generated by the irradiation, processing, or purification of LEU.

H.R. 1849 designate the Liberty Memorial at the National World War I Museum in Kansas City, Missouri, as the National World War I Memorial. The bill also establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.

The bill determines that the purpose of the Commission is to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum.

H.R. 2868 amends the authority of the Department of Homeland Security (DHS) and the Environmental Protection Agency (EPA) to protect against acts of terrorism against chemical facilities, wastewater treatment works, and drinking water systems.  The bill also makes DHS' Chemical Facility Anti-Terrorism Standards permanent (see Background section below).

The bill authorizes a total of $900 million over three years for chemical security, including $325 million in Fiscal Year 2011, of which $100 million would be available for methods to reduce the consequences of a terrorist attack, $300 million in Fiscal Year 2012, of which $75 million would be available for methods to reduce the consequences of a terrorist attack, and $275 million in Fiscal Year 2013, of which $50 million would be available for methods to reduce the consequences of a terrorist attack.  

Risk-Based Designation and Ranking of Chemical Facilities:  H.R. 2868 authorizes DHS to designate any chemical substance as a "substance of concern" and establish threshold quantities for each such chemical that is used, stored, manufactured, processed, or distributed by a chemical facility.  Considerations would include the potential for death, serious adverse effects to human health, the environment, critical infrastructure, national security, or the national economy from a terrorist incident.

The bill requires DHS to maintain a list of facilities that have more than a threshold quantity of a "substance of concern" and pose a security risk based on criteria such as the potential threat or likelihood of a terrorist attack at the facility, the potential harm from a terrorist incident, and the proximity of the facility to large population centers.  DHS could require a facility to submit information regarding the facility's substances of concern to determine whether it would be covered under the list. 

H.R. 2868 also requires DHS to assign each covered facility to one of at least four risk-based tiers, with Tier 1 being the highest-risk.  DHS would periodically review the list of substances of concern and the threshold quantities, and could at any time add, remove, or change the tier assignment for each facility.  DHS would be responsible for providing covered facilities with relevant information about probable threats.

Security Vulnerability Assessments & Site Security Plans:  H.R. 2868 requires DHS to establish risk-based, performance-based standards, and procedures for mandatory security vulnerability assessments and site security plans, and to set deadlines by tier for completion.  DHS would approve or disapprove the assessments and security plans within 180 days of receipt.  The bill directs facilities to review and resubmit their security vulnerability assessments and site security plans every five years.  Facilities would have to notify DHS if they change their use or storage of a substance of concern or modify operations.

Site Inspections:   The bill allows DHS a right of entry at reasonable times to chemical facilities to conduct security verifications and inspections.  For Tier 1 and Tier 2 facilities, DHS would also conduct unannounced inspections to evaluate compliance with requirements of the bill.  H.R. 2868 requires DHS to increase its number of chemical facility inspectors by at least 100 in Fiscal Years 2011 and 2012.  During inspections, DHS would be required to offer employees the opportunity to share information about the facility's compliance or non-compliance. 

Records:  The bill allows DHS to require the submission of, or access to, a chemical facility's records in order to review its security vulnerability assessment or site security plan.

Information Sharing:  H.R. 2868 requires DHS to provide information concerning a threat that is relevant to a specific chemical facility in a timely manner.  Likewise, facilities would be required to report any threat, significant security incident, or penetration of the facility's cyber or physical security to DHS.

Enforcement:  For owners or operators of facilities deemed to be in violation of the bill, H.R. 2868 allows the Secretary to issue a fine of $25,000 per day.  The Secretary may also issue an order to cease operations at the facility until compliance is achieved to the satisfaction of DHS.

Whistleblower Protections:  The bill directs DHS to establish a process for any person to report deficiencies or vulnerabilities at a chemical facility.  The identity of the person would be kept confidential and retaliation against whistleblowers would be prohibited.  Any employee who alleges retaliation occurred could seek review in district court.

Lack of Federal Preemption:  The bill allows any State or local government to issue a regulation, requirement, or standard or performance for chemical facility security that is more stringent than the federal statute.

Information Protection:  H.R. 2868 gives DHS authority to promulgate regulations and issue orders to prohibit the unauthorized disclosure of protected information.  DHS would provide standards for the appropriate sharing of protected information with federal, State, local, and tribal governments, law enforcement and first responders, and designated chemical facility personnel.  Any person who discloses protected information in knowing violation would be subject to criminal penalties and removal from federal office or employment.  The legislation defines protected information to include vulnerability assessments and site security plans and portions of other security-related documents, and records that would be detrimental to the security of covered chemical facilities if disclosed.  The bill does not prohibit the sharing of information with Members of Congress.

Methods to Reduce Consequences of an Attack:  The bill requires the owner or operator of a covered chemical facility to include in its site security plan an assessment of methods to reduce the consequences of a terrorist attack (more commonly referred to as "Inherently Safer Technologies."  The Director of a new Office of Chemical Facility Security could require a facility to implement methods to reduce consequences of a terrorist attack, if the director determines that certain conditions are met.  An owner or operator of a facility could provide a written appeal to DHS, within 120 days, explaining why it cannot comply with the determination.

Background Checks:  The bill requires DHS to issue regulations requiring chemical facilities to establish personnel background checks for individuals with access to restricted areas of the facility's critical assets.  The regulations would describe the appropriate scope and applications for security background checks.  If, as the result of a background check, a chemical facility finds that an individual is not legally authorized to work in the U.S., or meets certain criminal history disqualifiers, the owner or operator shall cease to employ the individual, subject to redress processes available to the individual.

Citizen "Enforcement" and Petitions:  The bill allows any person to bring a civil action in district court against any governmental entity allegedly in violation of the Act or against the Secretary for an alleged failure to perform any act or duty under the bill.

The bill also requires DHS to establish a petition process to receive, investigate, and respond to allegations of violations at covered facilities.  DHS would establish the parameters of the petition process and the procedures for the Inspector General's review of DHS' response to a petition.  DHS would be required to accept all petitions, investigate all allegations, determine whether an enforcement action is required, and respond to all accepted petitions in writing.

Drinking Water Security:  H.R. 2868 authorizes the EPA to regulate the security of community water systems serving more than 3,300 people, as well as other public water systems that EPA determines present a security risk.  The bill authorizes $315 million in Fiscal Year 2011 for grants to States and nonprofits to help develop security plans for covered public water systems.  $30 million of this total could be used for administrative costs incurred by the EPA or States, and $125 million could be used to implement methods to reduce the consequences of a chemical release from an intentional act at water systems.  The measure authorizes such sums that may be necessary in Fiscal Years 2012 through 2015.

The bill requires water systems to conduct a vulnerability assessment, develop and implement a site security plan, and develop an emergency response plan.  EPA would establish deadlines for these plans and for providing training to employees of water systems, and requires the EPA to consult with States exercising primary enforcement responsibility for public water systems and with DHS.  H.R. 2868 requires EPA to assign each water system to one of four risk-based tiers, with Tier 1 being highest-risk.  It requires the EPA to develop regulations to establish risk-based, performance-based standards and procedures for mandatory security vulnerability assessments and site security plans.  The bill allows each water system to select layered security measures that address the security risks identified in the vulnerability assessment and meet the risk-based performance standards.  

Under this bill, EPA would provide guidance, computer software, and other tools to water systems in Tier 3 and Tier 4 to streamline the process for other systems.  For a water system that is assigned to Tiers 1 and 2 that possesses a substance of concern, the State exercising primary enforcement for the system would be required to make determinations on methods to reduce consequences of a chemical release.  In States without primacy, the EPA would make such a determination.

The State with primacy could require a water system to implement methods to reduce consequences of a chemical release if it determines that certain conditions are met.  Such conditions include whether consequence-reduction methods would significantly reduce the consequences of a release of a substance, not increase the interim storage of a substance of concern by the water system, not put the water system out of compliance with the Safe Drinking Water Act, and remain feasible for the water system.

A water system that violates any requirement of this section would be liable for a civil penalty of up to $25,000 for each day after the violation occurs.

H.R. 2868 allows EPA to make grants to States, non-profit organizations, and water systems to assist them in implementing this section.  The bill also creates a new worker training grants program for training and education of employees with roles or responsibilities under the bill. 

Wastewater Treatment Works Security:  The bill establishes EPA as the lead agency for wastewater security.  It authorizes $1 billion over five years for EPA to make grants to States, municipalities, and other entities to conduct vulnerability assessments, providing security-related training to treatment works employees and emergency response providers, and install security improvements at publicly-owned wastewater treatment facilities.

The bill also requires treatment works with a capacity of at least 2.5 million gallons per day, or any facility deemed by the EPA to present a security risk, to conduct a vulnerability assessment, develop and implement a site security plan, and develop an emergency response plan for the treatment works.  H.R. 2868 requires EPA to assign each covered treatment works to one of at least four risk-based tiers, with Tier 1 being highest-risk.  It requires the EPA to develop regulations to establish risk-based, performance-based standards and procedures for mandatory security vulnerability assessments and site security plans.

The bill directs EPA to require the owner or operator of a covered treatment works that possesses a substance of concern to include in its site security plan an assessment of methods to reduce the consequences of a terrorist attack, including the elimination or reduction of such substances.  The assessment would include the potential impact of the method on the responsibilities of the treatment works under the Clean Water Act.  It would also provide for the mandatory implementation of a method to reduce the consequences of a terrorist attack for a treatment works that is assigned to the highest two risk-based tiers and possesses a substance of concern.

The bill requires the owner or operator of a treatment works to develop an emergency response plan that incorporates the results of the current vulnerability assessment and site security plan, and certify to the EPA when the plan has been completed.  

H.R. 3788 would designate the facility of the United States Postal Service located at 3900 Darrow Road in Stow, Ohio, as the "Corporal Joseph A. Tomci Post Office Building."

S. 1211 would designate the facility of the United States Postal Service located at 60 School Street, Orchard Park, New York, as the "Jack F. Kemp Post Office Building."

S. 748 would redesignate the facility of the United States Postal Service located at 2777 Logan Avenue in San Diego, California, as the "Cesar E. Chavez Post Office".

H.R. 3548 extends Unemployment Insurance (UI) benefits for an additional 14 weeks for all States and provides an additional six week extension for States with total unemployment rates above 8.5 percent, giving those States a total of 20 additional weeks.  The bill would also extend an existing 0.2 percent Federal Unemployment Tax Act (FUTA) surtax through the first six months of calendar year 2011 to fund the UI extension.  H.R. 3548 would also extend and modify the first-time homebuyer tax credit at a cost of $10.8 billion over ten years and increase the carryback period of net operating losses (NOL) for all businesses at a cost of $10.4 billion, paid for mainly by a $20.1 billion delay in implementation of worldwide interest allocation.  A full summary of the legislation can be found below:

Unemployment Extension:  The bill provides an additional 14 weeks of UI benefits for all States and an additional 6 weeks of UI for states over 8.5 percent unemployment. This means that in high unemployment states, individuals could receive up to roughly 86 weeks of federal unemployment benefits.  A summary of the details of the extension follows below: 

•  Amends the American Recovery and Reinvestment Act ("stimulus") to clarify that the additional $25 per week in UI benefits should not affect eligibility for the purposes of Supplemental Nutrition Assistance Program (food stamps) benefits.

•  Amends the "stimulus" to add domestic violence and sexual assault to the list of compelling family reasons which cause an individual to believe continued employment would jeopardize their safety.

•  Extends the 0.2 percent federal unemployment surtax for 18 additional months.  The surtax currently expires at the end of December, 2009.

•  Extends the eligibility window to qualify for extended benefits under the Railroad Unemployment Insurance Act for up to one additional year, to December 31, 2010. 

•  Provides $175 million for the extended benefits and $807,000 for administrative costs for the Railroad Unemployment Insurance Act.  

Homebuyer Tax Credit:   H.R. 3548 extends the $8,000 tax credit for first-time homebuyers for five months, from November 30, 2009 to May 1, 2010.  In addition, the bill provides a $6,500 tax credit for homebuyers that are not first time buyers, but have owned a primary residence at least five consecutive years in the last eight years.  According to the Joint Committee on Taxation (JTC), the provision will reduce revenus by $10.8 billion over ten years.

The bill would cap the eligibility for the credit on homes that cost $800,000 or more and raises the current income limit from $75,000, or $150,000 in the case of a joint return, to $125,000 or $225,000.  H.R. 3548 waives provisions to recapture the credit for military, intelligence, and Foreign Service personnel who are on qualified official duty and extends the tax credit for an additional year for those on qualified extended duty overseas for 90 days or more since 2008.

Five-Year Carryback of Net Operating Losses:  H.R. 3548 extends the net operating loss (NOL) carryback period from two years to five years for 2008 or 2009 for all firms.  A NOL is defined as the amount by which a company or taxpayer's business deductions are greater than its gross income in a given year.   Under the legislation, NOLs that are carried back by businesses  to the fifth taxable year would be limited to 50 percent of the taxpayer's taxable income and TARP recipients would excluded from the provision.  According to JCT, the provision would reduce revenues by $10.4 billion over ten years.   The "stimulus" provided a five year NOL carry back provision for businesses with receipts less than $15 million.  H.R. 3548 would provide the same carry back for all firms.

Delay of Worldwide Interest Allocation:  The bill delays the application of worldwide interest allocation provisions, first enacted into law but never implemented in 2004, through 2018.  The change, if not delayed, would allow certain U.S.-based multinational firms with interest expenses to change the way such expenses were apportioned between domestic and foreign source income for purposes of computing their foreign tax credit to more accurately reflect how firms account for interest expenses.  Delaying the change would require theses firms to continue to pay higher U.S. taxes.  Some Members may be concerned that, in addition to increasing taxes on businesses during a recession, further extension of these provisions would create undue uncertainty for many firms in an uncertain enough economic climate.  This implementation date was already delayed by two years in 2008.  According to the JCT, this provision, which is being used as an offset, would raise revenues by $20.1 billion over ten years.

Exclusion of Income for Base Realignment and Closure:  Expands the amount that military personnel who lose home value because of a military base closure are allowed to exclude from gross income for tax purposes at a cost of $243 million over ten years.

Failure to File Partnership Return:  Increases the penalty for failure to file a partnership or S corporation return by $106, from $89 to $195.  According to the JCT, this provision increases revenues by $642 million over ten years.

Electronic Filing Requirement:  Requires tax return preparers who file ten or more returns for others in a year to electronically file clients' tax returns.  According to the JCT, this provision has a "negligible revenue effect."

Corporate Estimated Payments:  Raises the estimated quarterly tax payments for certain corporations by 33 percentage points, from 0.25 percent to 33.25 percent, in 2014 and reduces the tax by the same amount in 2015.   This would impose a prepayment burden on certain corporations by requiring payments to be made in 2014 and relieved in 2015.  This provision, which raises $18.3 billion in the first five years and costs the same in the second five years, is included to satisfy Pay-As-You-Go (PAYGO) requirements.  According to the JCT, the provision is revenue neutral over ten years.  However, since the bill is being considered under a suspension of the rules, PAYGO compliance is not required. 

H.Res. 752 would express the sense that the House of Representatives:

•  "Honors the 259 miners lost in the tragedy known as the Great Cherry Mine Disaster on its 100th anniversary;

•  "Supports the important safety measures that were enacted as a resulted of this terrible incident and others around the country like it; and

•  "Recognizes the important role organized labor has played in protecting the physical and economic security of workers in the United States."

H.Res. 868 would resolve that the House of Representatives:
• "Honors and recognizes the service and achievements of current and former female members of the Armed Forces;
• "Encourages all people in the United States to recognize the service and achievements of women in the military and female veterans on Memorial Day;
• "Encourages all people in the United States to learn about the history of service and achievements of women in the military; and
• "Supports groups that raise awareness about the service and achievements of women in the military and female veterans through exhibitions, museums, statues, and other programs and activities."

H.Res. 878 would express the sense that House of Representatives:

•  "Supports the goals and ideals of National Family Literacy Day; and

•  "Recognizes the benefits of parental involvement in a child's education."

H.Con.Res. 139 would resolve that the House of Representatives:
• "Congratulates the 207 graduates (157 surviving as of April 2009) of the first United States Air Force Academy class on the 50th anniversary of their graduation;
• "Acknowledges the continued excellence of the United States Air Force Academy and its critical role in the defense of the United States; and
• "Recognizes the outstanding service to the Nation that graduates from the United States Air Force Academy have provided."

H.Res. 856 would resolve that the House of Representatives:
• "Recognizes the commissioning of the USS New York LPD 21;
• "Congratulates the captain and commissioning crew of the USS New York LPD 21 on the occasion of their vessel entering into the service of the United States Navy;
• "Recognizes the sacrifices made by the men and women in uniform who put themselves in harm's way in order to protect and defend the United States;
• "Honors those who lost their lives at the World Trade Center, the Pentagon, and Shanksville, Pennsylvania, on September 11, 2001; and
• "Recommits itself to the counter-terrorism mission of the USS New York LPD 21 and all the members of the United States Armed Forces."