Conrad

The vote on the matter is as follows. The amendment will be reflected in the legislation. 

 

Senate Results
						Aye	Nay	Present	Seats
Republicans	46	0	0	46
Democrats	41	13	0	54
Total	87	13	0	100

The motion for cloture having been properly made and seconded shall go to a vote. 

 

CLOTURE: Confirmation of John Hamre as Secretary of Defense

48 hours

Indeed it has. 

IN THE UNITED STATES SENATE

Mr. MAGUIRE of Iowa, for himself, with thanks to Mr. HOLT of New Jersey, introduce the following bill;
 

A BILL,

 

To amend the Richard B. Russell National School Lunch Act to award grants to eligible entities for farm to school programs.

 

SECTION. 1. SHORT TITLE.

   This Act may be cited as the, "Farm to School Improvement Act".

 

SEC. 2. FARM TO SCHOOL PROGRAM.

   (a) Amendment.—The Richard B. Russell National School Lunch Act is amended by inserting after section 19, the following:

 

      “SEC. 19A. FARM TO SCHOOL PROGRAM.

 

         “(a) In General.—The Secretary shall provide assistance, through competitive matching grants and technical assistance, to eligible entities for farm to school programs that—

 

            “(1) improve access to local foods in schools and institutions participating in programs under this Act and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)

through farm to school activities, including the purchase of local food, establishment of effective relationships between school and institutional food service providers, distributors, and producers or groups of producers, school gardens, appropriate equipment, and the provision of training and education; and

 

            “(2) are designed to—

 

               “(A) improve the nutritional health and well being of children;

 

               “(B) procure healthy local foods from small and medium-sized farms for meals at eligible schools and institutions;

 

               “(C) support experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities;

 

               “(D) develop a sustained commitment to farm to school programs in the community by linking schools and institutions, State and local agencies including Indian Tribal Organizations, institutions of higher education, agricultural producers, parents, community garden groups and other community stakeholders; and

 

               “(E) increase farm income by facilitating farmers’ access to institutional markets including schools.

 

         “(b) Eligible Entity.—For purposes of this section, the term ‘eligible entity’ means—

 

            “(1) a school;

 

            “(2) nonprofit organization; or

 

            “(3) other entity that the Secretary determines offers a unique ability to provide services or farm-to-school programs.

 

         “(c) Grants.—

 

            “(1) TYPES OF GRANTS.—A grant awarded under this section may include—

 

               “(A) an implementation grant to support the cost of implementing a farm to school program;

 

               “(B) a training and technical assistance grant to support the cost of—

 

                  “(i) providing the training, operational support, information, and access to resources necessary to implement a successful farm to school program; and

 

                  “(ii) encouraging collaboration between public and private entities; or

 

               “(C) a planning grant to support the cost of conducting research, identifying resources, and developing partnerships to design a successful and sustainable farm to school program.

 

            “(2) GRANT AMOUNTS.—A grant awarded under this section to an eligible entity shall not exceed—

 

               “(A) in the case of an implementation or training and technical assistance grant, $100,000; and

 

               “(B) in the case of a planning grant, $25,000.

 

            “(3) GRANT DURATION.—A grant under this section shall be awarded for a period—

 

               “(A) in the case of an implementation or training and technical assistance grant, not to exceed 2 years; and

 

               “(B) in the case of a planning grant, not to exceed 1 year.

 

         “(d) Cost Share.—

 

            “(1) IN GENERAL.—The amount of a grant made under this section shall not exceed 75 percent of the cost of the proposed grant activities.

 

            “(2) NON-FEDERAL SUPPORT.—A recipient of a grant under this section shall be required to provide at least 25 percent of the cost of the proposed grant activities in the form of cash or in-kind contributions (including facilities, equipment, training, or services provided by State and local governments and private sources).

 

         “(e) Evaluation.—A recipient of a grant under this section shall cooperate in an evaluation by the Secretary of the programs carried out using such grant funds.

 

         “(f) Regional Balance.—In making awards and providing technical assistance under this section, the Secretary shall to the maximum extent practicable, ensure—

 

            “(1) geographical diversity; and

 

            “(2) equitable treatment of urban, rural, and tribal communities.

 

         “(g) Technical Assistance.—The Secretary shall provide recipients of grants under this section with technical assistance, which shall include sharing information, best practices, research, and data on existing farm to school programs.

 

         “(h) Proposals.—

 

            “(1) IN GENERAL.—An eligible entity desiring to receive a grant under this section shall submit a proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

 

            “(2) COMPETITIVE AWARD SELECTION.—The Secretary shall form review panels to evaluate proposals submitted under paragraph (1) based on the criteria described in paragraph (3). Such review panels shall include—

 

               “(A) representatives of schools and eligible institutions;

 

               “(B) registered dietitians;

 

               “(C) operators of small and medium-sized farms;

 

               “(D) public agencies;

 

               “(E) non-governmental and community-based organizations with expertise in local food systems and farm to school programs; and

 

               “(F) other appropriate parties as determined by the Secretary.

 

            “(3) PROPOSAL REVIEW CRITERIA.—In making awards under this section, the Secretary shall evaluate proposals based on the extent to which the proposed program—

 

               “(A) improves the nutritional health and well being of children;

 

               “(B) makes local food products available on the menu of the school or institution;

 

               “(C) benefits local small and medium-sized farms;

 

               “(D) incorporates experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities;

 

               “(E) serves schools and eligible institutions with a high proportion of children who are eligible for free and reduced price lunches;

 

               “(F) demonstrates collaboration between schools or institutions, non-governmental and community-based organizations, farmer groups, and other community partners;

 

               “(G) demonstrates the potential for long-term program sustainability;

 

               “(H) includes adequate and participatory evaluation plans; and

 

               “(I) meets such other related criteria as the Secretary may determine relevant.

 

         “(i) Funding.—Beginning on October 1, 2010, or of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $10,000,000 each fiscal year, to remain available until expended.”.

 

   (b) Conforming Change.—Section 18(g) of the Richard B. Russell School Lunch Act (42 U.S.C. 1769(g)) is amended—

 

      (1) by striking paragraphs (1) and (2); and

 

      (2) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.

 

  Quote

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PES: Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to provide competitive matching grants to schools, nonprofit organizations, and other able entities for farm to school programs that improve the access of school lunch and breakfast program participants to local foods. Provides that each grant may include an implementation grant, training and technical assistance grant, and planning grant.

 

Requires farm to school programs to be designed to: (1) improve the nutritional health and well being of children; (2) procure healthy local foods from small and medium-sized farms; (3) support experiential nutrition education by involving school children in farm and garden-based agricultural education activities; (4) commit public and private community stakeholders to the sustained success of such programs; and (5) increase farmers' income by facilitating their access to institutional markets. Directs the Secretary to provide grant recipients with technical assistance that includes sharing information, best practices, research, and data on existing farm to school programs.

The motion for cloture having been properly made and seconded shall go to a vote. 

 

CLOTURE: S. 66 Rural Energy Savings Program Act

48 hours. 

BENNET I: S. 2 Highway Investment Protection Act

BENNETT II: S. 2 Highway Investment Protection Act

BENNETT III: S. 2 Highway Investment Protection Act

The Senate will come to order to vote on an amendment to S. 2 - to do as following - 48 hours:

 

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Section X. Highway Trust Fund Transparency and Accountability.

(a) In General -- Section 104 of title 23, United States Code, is amended by striking subsection (g) and inserting the following:

"(g) Highway Trust Fund Transparency and Accountability Reports --

"(1) Compilation of data -- Not later than 180 days after the date of enactment of the Highway Investment Protection Act, the Secretary shall compile data in accordance with this subsection on the use of Federal-aid highway funds made available under this title.

"(2) Requirements -- The Secretary shall ensure that the reports required under this subsection are made available in a user-friendly manner on the public Internet website of the Department of Transportation and can be searched and downloaded by users of the website.

"(3) Contents of reports -- 

``(A) Apportioned and allocated programs.--On a semiannual basis, the Secretary shall make available a report on funding apportioned and allocated to the States under this title that describes--

``(i) the amount of funding obligated by each State, year-to-date, for the current fiscal year;

``(ii) the amount of funds remaining available for obligation by each State;

``(iii) changes in the obligated, unexpended balance for each State, year-to-date, during the current fiscal year, including the obligated, unexpended balance at the end of the preceding fiscal year and current fiscal year expenditures;

``(iv) the amount and program category of unobligated funding, year-to-date, available for expenditure at the discretion of the Secretary;

``(v) the rates of obligation on and off the National Highway System, year-to-date, for the current fiscal year of funds apportioned, allocated, or set aside under this section, according to--

``(I) program;

``(II) funding category or subcategory;

``(III) type of improvement;

``(IV) State; and

``(V) sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area; and

``(vi) the amount of funds transferred by each State, year-to-date, for the current fiscal year between programs under section 126.

``(B) Project data.--On an annual basis, the Secretary shall make available a report that provides, for any project funded under this title (excluding projects for which funds are transferred to agencies other than the Federal Highway Administration) with an estimated total cost as of the start of construction greater than $25,000,000, and to the maximum extent practicable, other projects funded under this title, project data describing--

``(i) the specific location of the project;

``(ii) the total cost of the project;

``(iii) the amount of Federal funding obligated for the project;

``(iv) the program or programs from which Federal funds have been obligated for the project;

``(v) the type of improvement being made, such as categorizing the project as--

``(I) a road reconstruction project;

``(II) a new road construction project;

``(III) a new bridge construction project;

``(IV) a bridge rehabilitation project; or

``(V) a bridge replacement project;

``(vi) the ownership of the highway or bridge;

``(vii) whether the project is located in an area of the State with a population of--

``(I) less than 5,000 individuals;

``(II) 5,000 or more individuals but less than 50,000 individuals;

``(III) 50,000 or more individuals but less than 200,000 individuals; or

``(IV) 200,000 or more individuals; and

``(viii) available information on the estimated cost of the project as of the start of project construction, or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns.''.

 

 

The Senate will come to order to vote on an amendment to S. 2 - to do as following - 48 hour vote: 

 

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Section 5. Authorizations of Appropriations

(a) The following sums in this section are appropriated, out of any money in the Treasury not otherwise appropriated, there is hereby appropriated—

(1) $8,000,000,000 $51,900,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and

(2) $3,000,000,000 $18,100,000,000 to the Mass Transit Account in the Highway Trust Fund.

(b) Each amount designated in this section by the Congress shall be made available on March 2 of each fiscal year as appropriated.

 

 

The Senate will come to order to vote on striking Section 6 from the S. 2 Highway Investment Protection Act. 48 hours. 

The sergeant at arms will resume his place. Matter closed. 

The chair would rule that with the nomination having been withdrawn, this debate may now simply be removed from the floor. A motion to table is not necessary. 

The Senate shall come to order to debate S. 66. Debate shall continue until such time that cloture is invoked. 

 

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A BILL

To amend the miscellaneous rural development provisions of the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of Agriculture to make loans to certain entities that will use the funds to make loans to consumers to implement energy efficiency measures involving structural improvements and investments in cost-effective, commercial off-the-shelf technologies to reduce home energy use.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Rural Energy Savings Program Act”.

 

SEC. 2. RURAL ENERGY SAVINGS PROGRAM.

Title VI of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 note et seq.) is amended by adding the following new section:

“SEC. 6407. RURAL ENERGY SAVINGS PROGRAM.

 

“(a) Purpose.—The purpose of this section is to create and save jobs by providing loans to qualified consumers that will use the loan proceeds to implement energy efficiency measures to achieve significant reductions in energy costs, energy consumption, or carbon emissions.

“(b) Definitions.—In this section:

“(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

“(A) any public power district, public utility district, or similar entity, or any electric cooperative described in sections 501(c)(12) or 1381(a)(2)(C) of the Internal Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an electric loan made or guaranteed by the Rural Utilities Service (or any predecessor agency); or

“(B) any entity primarily owned or controlled by an entity or entities described in subparagraph (A).

“(2) ENERGY EFFICIENCY MEASURES.—The term ‘energy efficiency measures’ means, for or at property served by an eligible entity, structural improvements and investments in cost-effective, commercial off-the-shelf technologies to reduce home energy use.

“(3) QUALIFIED CONSUMER.—The term ‘qualified consumer’ means a consumer served by an eligible entity that has the ability to repay a loan made under subsection (d), as determined by an eligible entity.

“(4) QUALIFIED ENTITY.—The term ‘qualified entity’ means a non-governmental, not-for-profit organization that the Secretary determines has significant experience, on a national basis, in providing eligible entities with—

“(A) energy, environmental, energy efficiency, and information research and technology;

“(B) training, education, and consulting;

“(C) guidance in energy and operational issues and rural community and economic development;

“(D) advice in legal and regulatory matters affecting electric service and the environment; and

“(E) other relevant assistance.

“(5) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture, acting through the Rural Utilities Service.

“(c) Loans And Grants To Eligible Entities.—

“(1) LOANS AUTHORIZED.—Subject to paragraph (2), the Secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers as described in subsection (d) for the purpose of implementing energy efficiency measures.

“(2) LIST, PLAN, AND MEASUREMENT AND VERIFICATION REQUIRED.—

“(A) IN GENERAL.—As a condition to receiving a loan or grant under this subsection, an eligible entity shall—

“(i) establish a list of energy efficiency measures that is expected to decrease energy use or costs of qualified consumers;

“(ii) prepare an implementation plan for use of the loan funds; and

“(iii) provide for appropriate measurement and verification to ensure the effectiveness of the energy efficiency loans made by the eligible entity and that there is no conflict of interest in the carrying out of this section.

“(B) REVISION OF LIST OF ENERGY EFFICIENCY MEASURES.—An eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies, subject to the approval of the Secretary.

“(C) EXISTING ENERGY EFFICIENCY PROGRAMS.—An eligible entity that, on or before the date of the enactment of this section or within 60 days after such date, has already established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures, implementation plan, or measurement and verification system of that program to satisfy the requirements of subparagraph (A) if the Secretary determines the list, plans, or systems are consistent with the purposes of this section.

“(3) NO INTEREST.—A loan under this subsection shall bear no interest.

“(4) REPAYMENT.—A loan under this subsection shall be repaid not more than 10 years from the date on which an advance on the loan is first made to the eligible entity.

“(5) LOAN FUND ADVANCES.—The Secretary shall provide eligible entities with a schedule of not more than ten years for advances of loan funds, except that any advance of loan funds to an eligible entity in any single year shall not exceed 50 percent of the approved loan amount.

“(6) JUMP-START GRANTS.—The Secretary shall make grants available to eligible entities selected to receive a loan under this subsection in order to assist an eligible entity to defray costs, including costs of contractors for equipment and labor, except that no eligible entity may receive a grant amount that is greater than four percent of the loan amount.

“(d) Loans To Qualified Consumers.—

“(1) TERMS OF LOANS.—Loans made by an eligible entity to qualified consumers using loan funds provided by the Secretary under subsection (c)—

“(A) may bear interest, not to exceed three percent, to be used for purposes that include establishing a loan loss reserve and to offset personnel and program costs of eligible entities to provide the loans;

“(B) shall finance energy efficiency measures for the purpose of decreasing energy usage or costs of the qualified consumer by an amount such that a loan term of not more than ten years will not pose an undue financial burden on the qualified consumer, as determined by the eligible entity;

“(C) shall not be used to fund energy efficiency measures made to personal property unless the personal property—

“(i) is or becomes attached to real property as a fixture; or

“(ii) is a manufactured home;

“(D) shall be repaid through charges added to the electric bill of the qualified consumer; and

“(E) shall require an energy audit by an eligible entity to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified consumer.

“(2) CONTRACTORS.—In addition to any other qualified general contractor, eligible entities may serve as general contractors.

“(e) Contract For Measurement And Verification, Training, And Technical Assistance.—

“(1) CONTRACT REQUIRED.—Not later than 60 days after the date of enactment of this section, the Secretary shall enter into one or more contracts with a qualified entity for the purposes of—

“(A) providing measurement and verification activities, including—

“(i) developing and completing a recommended protocol for measurement and verification for the Rural Utilities Service;

“(ii) establishing a national measurement and verification committee consisting of representatives of eligible entities to assist the contractor in carrying out this section;

“(iii) providing measurement and verification consulting services to eligible entities that receive loans under this section; and

“(iv) providing training in measurement and verification; and

“(B) developing a program to provide technical assistance and training to the employees of eligible entities to carry out this section.

“(2) USE OF SUBCONTRACTORS AUTHORIZED.—A qualified entity that enters into a contract under paragraph (1) may use subcontractors to assist the qualified entity in performing the contract.

“(f) Fast Start Demonstration Projects.—

“(1) DEMONSTRATION PROJECTS REQUIRED.—The Secretary shall enter into agreements with eligible entities (or groups of eligible entities) that have energy efficiency programs described in subsection (c)(2)(C) to establish an energy efficiency loan demonstration projects consistent with the purposes of this section that—

“(A) implement approaches to energy audits and investments in energy efficiency measures that yield measurable and predictable savings;

“(B) use measurement and verification processes to determine the effectiveness of energy efficiency loans made by eligible entities;

“(C) include training for employees of eligible entities, including any contractors of such entities, to implement or oversee the activities described in subparagraphs (A) and (B);

“(D) provide for the participation of a majority of eligible entities in a State;

“(E) reduce the need for generating capacity;

“(F) provide efficiency loans to—

“(i) not fewer than 20,000 consumers, in the case of a single eligible entity; or

“(ii) not fewer than 80,000 consumers, in the case of a group of eligible entities; and

“(G) serve areas where a large percentage of consumers reside—

“(i) in manufactured homes; or

“(ii) in housing units that are more than 50 years old.

“(2) DEADLINE FOR IMPLEMENTATION.—The agreements required by paragraph (1) shall be entered into not later than 90 days after the date of enactment of this section.

“(3) EFFECT ON AVAILABILITY OF LOANS NATIONALLY.—Nothing in this subsection shall delay the availability of loans to eligible entities on a national basis beginning not later than 180 days after the date of enactment of this section.

“(4) ADDITIONAL DEMONSTRATION PROJECT AUTHORITY.—The Secretary may conduct demonstration projects in addition to the project required by paragraph (1). The additional demonstration projects may be carried out without regard to subparagraphs (D), (F), or (G) of paragraph (1).

“(g) Additional Authority.—The authority provided in this section is in addition to any authority of the Secretary to offer loans or grants under any other law.

“(h) Authorization Of Appropriations.—

“(1) IN GENERAL.—There is authorized to be appropriated to the Secretary in fiscal year 2009 $993,000,000 to carry out this section. Notwithstanding paragraph (2), amounts appropriated pursuant to this authorization of appropriations shall remain available until expended.

“(2) AMOUNTS FOR LOANS, GRANTS, STAFFING.—Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), the Secretary shall make available—

“(A) $755,000,000 for the purpose of covering the cost of direct loans to eligible entities under subsection (c) to subsidize gross obligations in the principal amount of not to exceed $4,900,000,000;

“(B) $25,000,000 for measurement and verification activities under subsection (e)(1)(A);

“(C) $2,000,000 for the contract for training and technical assistance authorized by subsection (e)(1)(B);

“(D) $200,000,000 for jump-start grants authorized by subsection (c)(6); and

“(E) $1,100,000 for each of fiscal years 2009 through 2018 for ten additional employees of the Rural Utilities Service to carry out this section.

“(i) Effective Period.—Subject to subsection (h)(1) and except as otherwise provided in this section, the loans, grants, and other expenditures required to be made under this section are authorized to be made during each of fiscal years 2009 through 2013.

“(j) Regulations.—

“(1) IN GENERAL.—Except as otherwise provided in this subsection, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate such regulations as are necessary to implement this section.

“(2) PROCEDURE.—The promulgation of the regulations and administration of this section shall be made without regard to—

“(A) chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’); and

“(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking.

“(3) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

“(4) INTERIM REGULATIONS.—Notwithstanding paragraphs (1) and (2), to the extent regulations are necessary to carry out any provision of this section, the Secretary shall implement such regulations through the promulgation of an interim rule.”.

 

Plain English Summary:

 

Rural Energy Savings Program Act - Amends the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of Agriculture (through the Rural Utilities Service) to make interest-free loans to eligible entities for loans to qualified consumers to implement energy efficiency measures. Directs the Secretary to make grants to such entities to defray related costs, including costs for equipment and labor.

 

Directs the Secretary to contact with a qualified entity to provide: (1) verification and measurement activities for the Rural Utilities Service, including training; and (2) technical assistance and training for employees of eligible entities.

 

Directs the Secretary to enter into agreements with eligible entities, or groups of eligible entities, that have specified energy efficiency programs for energy efficiency loan demonstration projects.

 

The Senate shall come to order to debate S. 57. Debate shall continue until such time that cloture is invoked. 

 

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A BILL

To promote coastal jobs creation, promote sustainable fisheries and fishing communities, revitalize waterfronts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Coastal Jobs Creation Act of 2009"

 

SEC. 2. PURPOSE

The purpose of this Act is to provide employment opportunities for coastal communities by increasing support for-- (1) cooperative research management and monitoring projects that improve science-based management decisions; (2) the revitalization of coastal infrastructure; (3) marine debris prevention or removal; and (4) restoration, protection, and stewardship of coastal resources.

 

SEC. 3. COASTAL JOBS CREATION GRANT PROGRAM

(a) ESTABLISHMENT/.--The Secretary of Commerce (in this Act referred to as the ``Secretary'') shall use funds made available under this Act to implement a Coastal Jobs Creation Grant Program using the authorities listed in subsection (b). The Secretary shall expend such funds as quickly as possible consistent with prudent management.

(b) Authorities.--The authorities referred to in subsection (a) are authorities under the following laws:

(1) Section 306A of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(a)).

(2) Section 309 of the Coastal Zone Management Act (16 U.S.C. 1456(b)).

(3) Section 315(e) of the Coastal Zone Management Act (16 U.S.C. 1461(e)).

(4) Section 204 of the Coral Reef Conservation Act (16 U.S.C. 6403).

(5) Section 104 of the Estuary Restoration Act of 2000 (33 U.S.C. 2903).

(6) Section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603).

(7) The Endangered Species Act of 1973 (16 U.S.C. 1535).

(8) The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(9) The Atlantic Coastal Fishery Conservation and Management Act (15 U.S.C. 5101 et seq.).

(10) Section 3 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1952).

(11) Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f-1).

(12) Section 311 of the National Marine Sanctuaries Act (16 U.S.C. 1442).

(13) Section 205 of the National Sea Grant College Program Act (33 U.S.C. 1124).

(c) Activities.--Activities funded under the Coastal Jobs Creation Grant Program shall include activities eligible under one or more of the authorities listed under subsection

(b), and shall include--

(1) cooperative research to collect and compile economic and social data related to recreational and commercial fisheries management that the Secretary determines will improve science-based management decisions;

(2) cooperative research to identify and protect essential fish habitat and habitat areas of particular concern and to improve techniques and evaluate effectiveness of habitat protection and restoration efforts;

(3) improving the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey;

(4) supporting efforts to train and deploy observers authorized or required under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);

(5) preservation, conservation, or restoration of ocean and coastal resources identified for their conservation, recreational, ecological, historic, or aesthetic values;

(6) redevelopment of deteriorating and underutilized working waterfronts and ports to support fisheries or other ocean-dependent industries;

(7) research, monitoring, and stewardship within the National Estuarine Research Reserve System, the National Marine Sanctuary System, and coral reef ecosystems, and under the National Sea Grant College Program;

(8) implementation of local strategies developed by State or Federal agencies to conserve coral reef ecosystems;

(9) research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies;

(10) cooperative research to collect data to improve, supplement, or enhance fishery, protected species, and marine mammal stock assessments, including research on the effects of climate change and habitat loss on stock dynamics; (

11) cooperative research to assess the amount and type of bycatch and to engineer gear types designed to reduce or prevent bycatch;

(12) reducing and preventing the occurrence and adverse impacts of marine debris on the marine environment and navigation safety;

(13) establishment and implementation of status and trends monitoring of coastal habitats for major ecosystems, including remote sensing technology, ground-truth verification, and geographic information system data delivery; or

(14) development and implementation of training programs to build the capacity of citizens of coastal communities to effectively carry out the purposes of this Act.

(d) Funding Criteria.--The Secretary may not make funds available under this Act for a proposed project unless the project, to the maximum extent practicable--

(1) provides the greatest employment opportunities and prioritizes development of sustainable employment opportunities for coastal communities and benefits commercial and recreational fishing industries or other ocean-dependent industries;

(2) replicates or builds upon a successful local, State, Federal, or tribal project;

(3) utilizes existing fishing community infrastructure, including idled fishing vessels;

(4) supports research and monitoring that improves science- based management decisions;

(5) contributes to restoring, protecting, or preserving coastal and ocean ecosystems; or

(6) assists in developing a well-trained and informed workforce capable of implementing activities identified in section 3(c) of this Act. 

 

 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS 

To carry out the Coastal Jobs Creation Grant Program there is authorized to be appropriated to the Secretary of Commerce $80,000,000 for each of fiscal years 2010 through 2014, of which no more than 5 percent may be used each fiscal year for administrative expenses of such program.

 

The Senate shall come to order to debate the Confirmation of John Hamre as Secretary of Defense. Debate shall continue until such time that cloture is invoked. 

	Aye	Nay	Present	Seats
Republicans	34	2	9	46
Democrats	54	0	0	54
Total	88	2	9	100

The confirmation vote has passed. The vote tally is as follows:

 

	Aye	Nay	Present	Seats
Republicans	34	2	9	46
Democrats	54	0	0	54
Total	88	2	9	100

IN THE SENATE

 

Sen. CARNEY and Sen. JUDGE (for themselves) introduced the following bill;

 

A BILL

 

To provide broad economic stability for everyday Americans.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “American Economic Recovery and Reform Act”.

 

SECTION 2. TABLE OF CONTENTS.

Sec. 1. Short Title.

Sec. 2. Table of Contents.

Sec. 3. Anti-Fraud Office.

Title I - Everyday American Support.

Subtitle A - Individual Support.

Sec. 101. Special Mortgage Tax Credit.

Sec. 102. Special Tax Rebate.

Sec. 103. Unemployment Insurance Support.

Subtitle B - Small Business Support.

Sec. 111. Small Business Financial Assistance Program

Sec. 112. Small Business New Employee Grant Program.

Sec. 113. Small Business Current Employee Grant Program.

Title II - Conditional Loans for Automobile Industry.

Sec. 201. Loans and Appropriations Authorized.

Sec. 202. Conditionality.

Title III - Banking Industry Reform.

Sec. 301. Rights, Management, Sale of Mortgage-Related Assets.

Sec. 302. Maximum Amount of Authorized Purchases.

Sec. 303. Federal Deposit Reform.

Sec. 304. Establishment of the Credit Rating Accountability Bureau (CRAB).

Sec. 305. Credit Rating Agency Reform.

Sec. 306. Fannie Mae and Freddie Mac.

Title IV - Long-Term Infrastructure Investment.

Sec. 401. Rural Broadband Expansion.

Subtitle A - Energy Investment.

Sec. 411. Energy Infrastructure Grants.

Subtitle B - Transportation Investment.

Sec. 421. Program Establishment

Sec. 422. Program Considerations.

Sec. 423. Appropriations.

 

SECTION 3. ANTI-FRAUD OFFICE.

There is hereby established within the Department of Justice, from funds available, an Economic Recovery Anti-Fraud Unit. This Unit shall have authority to investigate any instances of fraud, waste, or abuse arising under Subtitle B of Title I, and Titles II, III, and IV of this Act.

 

TITLE I - EVERYDAY AMERICAN SUPPORT.

SUBTITLE A - INDIVIDUAL SUPPORT.

SECTION 101. SPECIAL MORTGAGE TAX CREDIT.

For tax year 2009, there is hereby established a refundable tax credit of up to $2,500 for the bottom half of taxpayers (by income) who owe a mortgage on a single home.

 

SECTION 102. SPECIAL TAX REBATE.

For tax year 2009, there is hereby established a tax rebate of $1,000 for taxpayers who individually earned between $1,000 and $45,000 52,000 in tax year 2008. This rebate shall be payable upon the filing of 2008 taxes, along with any other rebates that an individual may receive.

 

SECTION 103. UNEMPLOYMENT INSURANCE SUPPORT.

(a) There is hereby authorized an extended benefit for unemployment compensation of an additional 52 weeks, for any applicant who claims unemployment prior to January 1, 2011. These applicants are also entitled to an additional $25 per check. Such funds as are necessary to support the increased unemployment insurance benefits are hereby appropriated.

(b) For tax year 2009, the first $2,400 a person receives in unemployment compensation benefits shall be exempted from taxation.

 

SUBTITLE B - SMALL BUSINESS SUPPORT.

SECTION 111. SMALL BUSINESS FINANCIAL ASSISTANCE PROGRAM.

(a) In General.—The Administrator of the Small Business Administration shall establish a Small Business Financial Assistance Program under which the Administrator shall provide loans to small businesses.

(b) Application.—In making the application for loans under this section, the Administrator shall—

(1) provide a simple application process for borrowers which shall not exceed more than two man hours of work; and

(2) establish clear and easy to understand underwriting standards for such loans.

(c) Zero-Interest Loans.—Loans made by or guaranteed by the Administrator under this section shall be zero-interest loans, if the small business receiving such loan does not involuntarily terminate any employee of the small business on grounds of lack of money until the sunset date.

(d) Forgiveness.—If a small business that receives a loan or loan guarantee under this section demonstrates to the Administrator that the number of full-time employees of such small business on the date such small business submitted an application under this section is greater than or equal to the number of full-time employees of such small business on the date that is 1 year after the date of such submission, the Secretary shall forgive the remaining outstanding principal and interest on such loan or loan guarantee.

(e) Payback of Loans.—A loan made under this section shall be fully repaid not later than the date that is 5 years after the date on which the repayment is required to commence. Repayment shall commence within 18 months of the date of loan issuance.

(e) Funding.—The Administrator shall use $40,000,000,000 to carry out this section.

(f) Sunset. — No more loans shall be given out after the date March 31, 2010.

 

SECTION 112. SMALL BUSINESS NEW EMPLOYEE GRANT PROGRAM.

(a) In General.—The Administrator of the Small Business Administration shall establish a Small Business Grant Program under which the Administrator shall provide grants to small businesses.

(b) Application.—In making the application for grants under this section, the Administrator shall provide a simple application process for grantees which shall not exceed more than one man hour of work on an initial application, and not more than 30 minutes of work for subsequent applications.

(c) Per new employee grant.—Each small business may receive a grant equal to $12,500 for each new employee that they hire in the year 2009. 

(1) At least $350 of that grant must be used as a hiring bonus for each new employee.

(2) The employee in question must be eligible to legally work in the United States by way of the e-verify program.

(3) The employee also can not have been terminated by the employer receiving the grant after the date of passage of this legislation.

(d) Funding.—The Administrator shall use $75,000,000,000 to carry out this section.

(e) Sunset. — No more grants shall be given out after the date December 31, 2009 related to subsection. 

 

SECTION 113. SMALL BUSINESS CURRENT EMPLOYEE GRANT PROGRAM.

(a) In General.—The Administrator of the Small Business Administration shall establish a Small Business Grant Program under which the Administrator shall provide grants to small businesses.

(b) Application.—In making the application for grants under this section, the Administrator shall provide a simple application process for grantees which shall not exceed more than two man hours of work on an application.

(c) Per current employee grant.—Each small business may receive a grant equal to $5,500 for each employee that they continue to have employed on the date August 1, 2009. 

(1) At least $500 of that grant must be used as a bonus to the employee in question.

(2) The employee in question must be eligible to legally work in the United States by way of the e-verify program.

(3) The employee has to have been an employee of the company for at least one year prior to December 31, 2009.

(d) Funding.—The Administrator shall use $35,000,000,000 to carry out this section.

(e) Sunset. — No more grants shall be given out after the date February 28, 2010. 

 

TITLE II - CONDITIONAL LOANS FOR AUTOMOBILE INDUSTRY.

SECTION 201. LOANS AND APPROPRIATIONS AUTHORIZED.

(a) There is hereby authorized a total of $34,000,000,000 available for the Secretary of the Treasury to issue loans to the automobile industry, conditional on the terms of Section 202.

(b) There is hereby appropriated an additional $5,000,000,000 available to the Secretary of the Treasury for the purpose of ensuring the stability of the American automobile industry, except that no funds shall go to a company which does not agree to the terms of Section 202.

 

SECTION 202. CONDITIONALITY.

Any automobile company which receives a loan or other stabilization money from the Federal Government shall ensure, for the duration of their loan that:

(1) At least 70% of their new hires take place in the United States among those authorized to work in the United States;

(2) They will not move jobs currently in the United States overseas, or otherwise outsource jobs; and 

(3) They shall not authorize executive pay raises or other additional compensation for executives.

 

TITLE III - BANKING INDUSTRY REFORM.

SECTION 301. RIGHTS, MANAGEMENT, SALE OF MORTGAGE-RELATED ASSETS.

(a) Exercise of Rights.--The Secretary of the Treasury may, at any time, exercise any rights received in connection with mortgage-related assets purchased under this Act.

(b) Management of Mortgage-Related Assets.--The Secretary of the Treasury shall have authority to manage mortgage-related assets purchased under this Act, including revenues and portfolio risks therefrom.

(c) Sale of Mortgage-Related Assets.--The Secretary of the Treasury may, at any time, upon terms and conditions and at prices determined by the Secretary of the Treasury, sell, or enter into securities loans, repurchase transactions or other financial transactions in regard to, any mortgage-related asset purchased under this Act. 

(d) Partnership Funding Asset Acquisition.-- The Secretary of the Treasury may, at any time, upon terms and conditions and at prices determined by the Secretary of the Treasury , provide loans to financial institutions to purchase any mortgage-related asset. 

(e) Securities Loans Regulations.-- All recipients of securities loans authorized by the Secretary of the Treasury are prohibited from using any amount of the loan to provide for:

(1)  seasonal bonuses exceeding $25,000;

(2) renovations exceeding $100,000;

(3) corporate transportation expenditures exceeding $250,0000.

 

SECTION 302 MAXIMUM AMOUNT OF AUTHORIZED PURCHASES.

The Secretary of the Treasury’s authority to purchase mortgage-related assets under this Act shall be limited to $800,000,000,000 outstanding at any one time

 

SECTION 303. FEDERAL DEPOSIT REFORM.

(a) Insured Deposit Reform - Section 18(s) of the Federal Deposit Insurance Act (12 U.S.C. 1828(s)) is amended by adding at the end the following:

(6) LIMITS ON BANK AFFILIATIONS.—

(A) PROHIBITION ON AFFILIATIONS WITH NONDEPOSITORY ENTITIES.—An insured depository institution may not—

(i) be or become an affiliate of any insurance company, securities entity, or swaps entity;

(ii) be in common ownership or control with any insurance company, securities entity, or swaps entity; or

(iii) engage in any activity that would cause the insured depository institution to qualify as an insurance company, securities entity, or swaps entity.

 

SECTION 304. ESTABLISHMENT OF THE CREDIT RATING ACCOUNTABILITY BUREAU (CRAB).

(a) Creation of the Credit Rating Accountability Bureau (CRAB) - The Credit Rating Accountability Bureau will be established under the U.S. Securities and Exchange Commission and absorb the Office of Credit Ratings in the Securities Exchange Commission. 

(b) Powers of the Credit Rating Accountability Bureau - the Credit Rating Accountability Bureau will inherit all prior authority allocated to the Office of Credit Ratings. The CRAB will also have the authority to:

(1) investigate and prosecute credit rating agencies for violations listed in Section 305.

(2) utilize the full legal powers of the Enforcement Division of the U.S. Securities and Exchange Commission to pursue investigations in civil or criminal violations.

(3) establish an annual credit rating index to rate the relative transactional safety of specific securities. 

 

SECTION 305. CREDIT RATING AGENCY REFORM.

(a) Regulations on Credit Rating Transactions - Credit rating agencies may not issue a rating on any security of a corporation or government that is providing funding, investments, and/or has securities under ownership of that credit rating agency.

(b) Third Party Mediator - Corporations and governments unable to legally receive a credit rating for a security, in accordance with Section 305(a), are permitted to appoint a third party mediator to assign a rating provided the mediator:

(1) does not possess and has not possessed any securities or employment in either the credit rating agency or the corporation;

(2) has not been charged by the U.S. Securities and Exchange Commission and the Department of Justice with any civil or criminal violations;

(3) possesses a law degree.

(c) Penalty - First-time violations of Section 305 (a) and (b) will result in a minimum fine of $10,000,000 of the guilty parties. Second-time violations will result in a minimum fine of $50,000,000 of the guilty parties. A third-time violation within ten years of the first violation will result in a minimum fine of $250,000,000 of the guilty parties. All further violations will carry a minimum fine of $500,000,000. 

 

SECTION 306. FANNIE MAE AND FREDDIE MAC.

(a) There is hereby established within the Department of Housing and Urban Development the Federal Housing Finance Agency (FHFA), to be formed by the merging of Federal Housing Finance Board and Office of Federal Housing Enterprise Oversight.

(b) The Director of the FHFA shall be empowered to fully regulate the Federal National Mortgage Association (Fannie Mae) the Federal Home Loan Mortgage Corporation (Freddie Mac) up to and including placing them into federal conservatorship.

(c) The Director of the FHFA shall inform Congress within one week of major regulatory changes to the regulation of Fannie Mae and Freddie Mac, and within three business days of placing either under federal conservatorship.

 

SECTION 307. FORBEARANCE

In general-

(1) any borrower with a Federally backed residental. mortgage loan experiencing a financial hardship due, directly or indirectly, to the fall of Fannie Mae and Freddie Mac may request forbearance on the Federally backed mortgage loan, regardless of delinquency status, by—

(A) Submitting a request to the borrower’s servicer; and

(B) Affirming that the borrower is experiencing a financial hardship during the financial crisis

(2) Duration of forbearance

Upon a request by a borrower for forbearance under paragraph (1), such forbearance shall be granted for up to 180 days, and the borrower may request additional periods of forbearance after the initial period as long as they cant still prove financial hardship

(3)  Accrual of interest or fees

During a period of forbearance described in this subsection, no fees, penalties, or interest beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract, shall accrue on the borrower’s account.

(4) Requirements for servicers

(a) In general

Upon receiving a request for forbearance from a borrower under subsection (b), the servicer shall with no additional documentation required other than the borrower’s attestation to a financial hardship caused by the fallout of Fannie Mae and Freddie Mac and with no fees, penalties, or interest (beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract) charged to the borrower in connection with the forbearance, provide the forbearance for up to 180 days, which may be extended for an additional periods as long as the borrower and prove financial hardship.

(b)  Foreclosure moratorium

Except with respect to a vacant or abandoned property, a servicer of a Federally backed mortgage loan may not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale starting on the legislative passing of this bill.

 

SECTION 308. Relief for Non-Federally Backed Homeowners

In General-

Section 7(f) of the Small Business Act (15 U.S.C. 636(f)) (relating to additional requirements for 7(b) loans) is amended by adding at the end the following new paragraph:

“(ii) LOANS TO REFINANCE A MORTGAGE.—A  homeowner Insurance Fund shall be established to help refinance a mortgage or other lien against a home that has totally has exhibited financial difficulty during the fallout of Fannie Mae and Freddie Mac

 

TITLE IV - LONG-TERM INFRASTRUCTURE INVESTMENT.

SECTION 401. RURAL BROADBAND EXPANSION.

S.45, the Rural Broadband Expansion Act of 2009 is hereby enacted.

 

SUBTITLE A - ENERGY INVESTMENT.

SECTION 411. ENERGY INFRASTRUCTURE GRANTS.

(a) The Secretary of Energy is hereby authorized to issue grants pursuant to this Section to energy infrastructure investment.

(b) The grants authorized under this Section shall be divided, as best as possible, between the following sources of energy:

(1) 30% to natural gas investment;

(2) 25% 15% to solar energy generation investment;

(3) 25% 15% to wind energy generation investment;

(4) 15% to biofuels and alternative renewable energy investment; and

(5) 10% to clean coal investment; and,

(6) 10% to petroleum investment

(5 7) 5% to the Energy For the 21st Century Program, described in subsection (c);

(c) The Energy for the 21st Century Program shall focus on investing in training and infrastructure projects for energy companies that currently specialize in non-renewable sources to prepare for transition to renewable energy sources.

(d) There is hereby appropriated $50,000,000,000 $75,000,000,000 for the Secretary of Energy to use for the issuance of grants under this section.

 

SUBTITLE B - TRANSPORTATION INVESTMENT.

SECTION 421. PROGRAM ESTABLISHMENT.

(a) There is hereby established the Long-Term Transportation Infrastructure Investment Program, under the Department of Transportation. The Program shall consist of grants from appropriated sums to counties for the purpose of infrastructure projects.

(b) The Program shall be managed by six Directors, to be appointed by the President, along with the Secretary of Transportation as an ex-officio Director. Of the six Directors, two must be members of the Democratic Party, two must be members of the Republican Party, and two must be affiliated with neither the Democratic or Republican Parties.

 

SECTION 422. PROGRAM CONSIDERATIONS.

(a) The Directors shall consider applications for transportation infrastructure project from counties, but each county shall be guaranteed a minimum of $100,000 in funding under the Program. There shall also be a maximum of $500,000,000 awarded to any single county.

(b) Considerations shall include:

(1) Extent of job-creation, especially among those most impacted by economic hardship;

(2) Reduction in surface and air congestion and pollution emissions;

(3) Increased access to transportation options; 

(4) Impact in terms of population which has access and can use the new infrastructure; and

(5) Reduction in risk of structural failure of existing infrastructure (where applicable).

 

SECTION 423. APPROPRIATIONS.

There is hereby appropriated $75,000,000,000 for each of the following years for the purpose of funding the Program:

(1) fiscal year 2009;

(2) fiscal year 2010;

(3) fiscal year 2011;

(4) fiscal year 2012; and

(5) fiscal year 2013.

 

PES.

3. Creates a special anti-fraud unit within the Department of Justice to enforce anti-fraud provisions of this Act.

101. Creates a refundable tax credit of $2,500 for bottom half of homeowners (approximately 3 months of mortgage payments).

102. Creates a $1,000 tax rebate for individuals who earned between $1,000 and $45,000 in 2008.

103. Extends unemployment for up to 78 weeks (with a $25 top-off). Exempts the first $2,400 in unemployment benefits from tax.

111. Creates a program to inject liquidity into small businesses on the basis of them not laying off workers.

112. Creates a program to support the hiring of new employees by small businesses.

113. Creates a program to support the maintenance of existing employees by small businesses.

201. Authorizes a loan program and additional stabilization for the automobile industry, under the Treasury Secretary.

202. Ensures 70% of all new hires of firms that receive support under Title II are American hires, and that they do not outsource American jobs.

301. Allows the Treasury Secretary to take over certain mortgage-related assets from otherwise solvent banks.

302. Limits maximum amount of mortgage-related assets purchased by the Treasury to $800 billion.

303. Bars an FDIC-insured bank from being connected with an insurance company, securities entity, or swaps entity.

304. Transforms the Office of Credit Ratings into the Credit Rating Accountability Bureau, with additional enforcement powers.

305. Prohibits a credit ratings agency from rating an asset’s creditworthiness if they have a vested stake in the asset.

306. Creates the FHFA to regulate Fannie Mae and Freddie Mac, including the ability to place either or both under conservatorship.

401. Enacts the Rural Broadband Expansion Act of 2009.

411. Appropriates $50 billion for energy infrastructure investment, to be split between natural gas, solar, wind, biofuel/alternatives, and an energy transformation fund.

421. Creates “Long-Term Transportation Infrastructure Investment Program” and establishes Directors.

422. Establishes considerations for the Directors of the Program to consider, including minimum and maximum amounts to be received by a county.

423. Makes appropriations equal to $375 billion over five years for the Program.

 

The vote has passed. Will be sent to the President. 

Aye

Vote on the special order. 24 hours. 

The chair would consider that a simple call of the roll would satisfy this condition of the rules. 

 

 

The Senate will come to order to debate the American Economic Recovery and Reform Act. Debate shall continue until such time that cloture is invoked. 

23 hours ago, Elliot Davis said:

Mr. President,

 

Seeing there is no debate and this is common sense bill which passed committee without a negative vote I motion for unanimous consent.

 

I yield.

24 hours for objections.