• Amends "The Continuing Appropriations Act of 2011" to extend the expiration date from December 3, 2010, to March 4, 2011 (Sec. 1).

• Prohibits pay adjustments for all federal non-military employees from January 1, 2011, until December 31, 2012 (Sec. 1).

• Extends the deadline by which eligible service members, veterans and their beneficiaries may apply for Retroactive Stop Loss Special Pay until March 4, 2011 (Sec. 1).

• Extends, until March 4, 2011, various programs relating to transportation and highways (Secs. 2101-2308).

• Amends provisions of the "Economic Growth and Tax Relief Reconciliation Act of 2001" to extend expiration from December 31, 2010, to December 31, 2012 (Sec. 101).

• Amends provisions of the "Jobs and Growth Tax Relief Reconciliation Act of 2003" to extend expiration from December 31, 2010, to December 31, 2012 (Sec. 102).

• Extends the American Opportunity Tax Credit from taxable years beginning in 2009 or 2010 to taxable years beginning in 2009 through 2012 (Sec. 103).

• Extends the period of time in which the allowable credit for the Child Tax Credit can be increased by 15 percent of the taxpayer's taxable income in excess of $3,000 from taxable years 2009 or 2010 to taxable years beginning in 2009 through 2012 (Sec. 103).

• Extends the reduced marriage penalty of $5,000, and the increased credit percentage of 45 percent for taxpayers with 3 or more qualifying children, for the Earned Income Tax Credit from taxable years beginning in 2009 or 2010 to taxable years beginning in 2009 through 2012 (Sec. 103).

• Increases the Alternative Minimum Tax exemption amount for taxpayers other than corporations in the cases of joint returns or surviving spouses in taxable years beginning in 2010 from $70,950 to $72,450, and in taxable years beginning in 2011 from $70,950 to $74,450 (Sec. 201).

• Increases the Alternative Minimum Tax exemption amount for taxpayers other than corporations in the cases of individuals who are not married and are not surviving spouses in taxable years beginning in 2010 from $46,700 to $47,450, and in taxable years beginning in 2011 from $47,450 to $48,450 (Sec. 201).

• Repeals the provisions of the "Economic Growth and Tax Relief Reconciliation Act of 2001" that eliminated the estate tax for estates of individuals dying after December 31, 2009 (Sec. 301).

• Specifies that the applicable exclusion amount for a credit against a tax on a decedent's estate is set at $5 million (Sec. 302).

• Specifies that the tax on any estate over $500,000 is capped at $155,800 plus 35 percent of the excess of such amount over $500,000 (Sec 302).

• Increases the depreciation deduction for property acquired after September 8, 2010, and before January 1, 2012, from 50 percent to 100 percent (Sec. 401).

• Specifies that the dollar limitation for deductible small business expenses is set at $125,000 for taxable years beginning in 2012, and at $25,000 for taxable years beginning after 2012 (Sec. 402).

• Extends full Federal funding for unemployment compensation from November 30, 2010, to January 3, 2012 (Sec. 501).

• Specifies that the tax rate for Social Security taxes paid by an employer for taxable years beginning in the payroll tax holiday period is set at 10.4 percent (Sec. 601).

• Specifies that the tax rate for Social Security taxes deducted from an employee's wages during the payroll tax holiday period is set at 4.2 percent (Sec. 601).

• Defines "payroll tax holiday period" as "calendar year 2011" (Sec. 601).

• Extends the expiration date of tax credits for biodiesel and renewable diesel used as fuel from December 31, 2009, to December 31, 2011 (Sec. 701).

• Extends eligibility for the New Energy Efficient Home Credit from homes acquired before December 31, 2009, to homes acquired before December 31, 2011 (Sec. 703).

• Extends the expiration date of tax credits for certain alternative fuels from December 31, 2009, to December 31, 2011 (Sec. 704).

• Extends eligibility for tax credits for nonbusiness energy property from property placed in service before December 31, 2010, to property placed in service before December 31, 2011 (Sec. 710).

• Extends the expiration date of certain tax credits for tuition and related expenses from December 31, 2009, to December 31, 2011 (Sec. 724).

• Specifies that the national limitation for the "New Markets" tax credit is set at $3.5 billion for 2010 and 2011 (Sec. 733).

• Authorizes the use of funds under the Troubled Assets Relief Program to provide legal assistance for homeowners that are in or are in danger of mortgage default, delinquency, or foreclosure, provided that such funds are not already committed to other purposes (Sec. 2).

• Specifies that the bill does not authorize the use of funds for assisting with arrangement of legal representation for civil litigation purposes that are not directly related to the homeowner's foreclosure or mortgage default or delinquency (Sec. 2).

• Lowers the applicable exclusion amount from $5 million to $3.5 million (Sec. 302).

• Increases the maximum estate tax rate from 35 percent to 45 percent (Sec. 302):
• Caps the amount of tax on any estate over $1.5 million at $555,880 plus 45 percent of the excess of such amount over $1.5 million.

• Adjusts the inflation amount for a credit against the gift tax from a rate by which the Consumer Price Index of the previous calendar year exceeds the Consumer Price Index for 1992 to a rate by which the Consumer Price Index of the previous calendar year exceeds the Consumer Price Index for 2010 (Sec. 302).

• Requires the amount adjusted to be rounded to the nearest $10,000.

• Establishes the rate of tax imposed in the case of 1 or more gifts made in effect of the decedent's death, as well as any credit allowed against the tax (Sec. 302).

• Requires the Secretary of the Treasury to disburse a $250 payment to each individual entitled to Federal benefits if no cost-of-living increase takes effect by the end of December, 2010 (Sec. 2).

• Specifies that eligibility for the $250 payment is limited to those individuals who were entitled to any of the following in October, November, or December of 2010 (Sec. 2):
• Social Security;
• Railroad Retirement benefits;
• Veterans benefits; or
• Supplemental Security Income (SSI).

• Authorizes payment only to those individuals who reside in the following locations (Sec. 2):
• 1 of the 50 states;
• The District of Columbia;
• Puerto Rico;
• Guam;
• The United States Virgin Islands;
• American Samoa;
• Northern Mariana Islands; and
• Locations with a foreign or domestic Army Post Office, Fleet Post Office or Diplomatic Post Office address.

• Specifies that each individual shall receive only a single $250 payment, regardless of whether the individual is eligible for more than 1 benefit or cash payment under any Federal program (Sec. 2).

• Requires the Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs to identify individuals who are eligible for the $250 payment, and to provide the information needed to disburse the payments to the Secretary of the Treasury (Sec. 2).

• Prohibits the Internal Revenue Service from regarding the $250 payment as gross income (Sec. 2).

• Prohibits the $250 payment from being included as income, or as a resource, when determining eligibility for benefits under any Federal, State, or local program financed by Federal funds (Sec. 2).

• Exempts from eligibility any individual whose date of death occurs prior to the date the payment is received or direct-deposited into the individual's account (Sec. 2).

• Requires the Secretary of the Treasury to begin disbursing payments at the earliest possible date in 2011, but before April 1, 2011 (Sec. 2).

• Prohibits the disbursement of the $250 payments after December 31, 2011 (Sec. 2).

• Exempts the following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 from an expiration date of December 31, 2010 (Sec. 101):
• Provisions relating to 'individual income tax rate reductions'; -Provisions relating to 'tax benefits related to children';
• Provisions relating to 'marriage penalty relief'; and
• Provisions relating to 'affordable education provisions'.

• Substitutes the following for individual income tax reductions (Sec. 102):
• For the 31 percent tax bracket, a 25 percent tax rate reduced from 28 percent; and
• For the 36 percent tax bracket, a 33 percent tax rate, unless the income of the individual is not greater than the 'applicable amount' divided by the dollar amount at which the bracket begins.

• Defines 'applicable amount' as the excess of $250,000 divided by the sum of the basic standard deduction and the exemption amount.

• Describes formulas for capping the maximum capital gains tax for a taxable year (Sec. 102).

• Increases the limitation on expensing by small businesses of depreciable assets from $25,000 to $125,000 and increases the threshold at which the phase out of such limitations begins from $200,000 to $500,000 (Sec. 201).

• Increases the alternative minimum tax exemption amount from $70,950 to $72,450 for years beginning in 2009 in the case of a joint return or a surviving spouse, and sets the amount at $47,450 for years beginning in 2010 or 2011 in the case of an individual who is not married and is not a surviving spouse (Sec. 302).

• Requires compliance with the 'Statutory Pay-As-You-Go Act of 2010' (Sec. 401).

• Appropriates for a portion of fiscal year 2010-2011 not to extend past December 3, 2010, "such amounts as may be necessary," at the same rate for operations and under the same authority and conditions as provided in the applicable fiscal year 2009-2010 appropriations Acts, to continue projects and activities for which appropriations, funds, or authority were provided in Acts that include, but are not limited to, the following (Sec. 101):
• The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111-80);
• Division A of the Department of Defense Appropriations Act, 2010 (Public Law 111-118, Div. A);
• The Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111-85);
• The Department of Homeland Security Appropriations Act, 2010 (Public Law 111-83);
• The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (Public Law 111-88);
• The Legislative Branch Appropriations Act, 2010 (Public Law 111-68); and
• The Consolidated Appropriations Act, 2010 (Public Law 111-117).

• Specifies that for mortgages for which credit approval is issued for the borrower during fiscal year 2010-2011, if the dollar amount on the principal obligation determined under the National Housing Act (12. U.S.C. 1709(b)(2)) for any size residence for any area is less than the corresponding limitation that was in effect for 2008 pursuant to Sec. 202 of the "Stimulus Act" (Public Law 110-185), the maximum dollar limitation shall be considered to be the amount in effect for 2008 (Sec. 145).

• Specifies that if the limitation on the maximum original principal obligation of a mortgage originated in fiscal year 2010-2011 that may be purchased by the Federal National Mortgage Association ("Fannie Mae") or the Federal Home Loan Mortgage Corporation ("Freddie Mac") for any size residence for any area is less than the corresponding maximum that was in effect for 2008 pursuant to Sec. 201 of the "Stimulus Act" (Public Law 110-185), the limitation on the maximum principal obligation shall be the amount in effect for 2008 (Sec. 146).

• Allows for a rate of operations of up to $20 billion for commitments to guarantee loans incurred under the General and Special Risk Insurance Funds as authorized by Sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c) (Sec. 142).

• Provides amounts at a rate for operations of $7.01 billion for Department of Energy weapons activities, notwithstanding Section 101 of this bill (Sec. 122). -Provides amounts at a rate for operations of $5.16 billion for the Foreign Military Financing Program, notwithstanding Section 101 of this bill, of which no less than $2.78 billion shall be available for grants only for Israel, no less than $1.3 billion shall be available for grants only for Egypt, and no less than $300 million shall be available for assistance for Jordan (Sec. 137).

• Provides amounts at a rate for operations of $2.35 billion to the Department of Defense Base Closure Account 2005, notwithstanding Section 101 of this bill (Sec. 135). -Provides amounts at a rate for operations of $964.32 million to the Bureau of the Census for expenses related to collecting and publishing census data, notwithstanding Section 101 of this bill (Sec. 117).

• Provides amounts at a rate for operations of $700 million to the Pakistan Counterinsurgency Capability Fund, notwithstanding Section 101 of this bill (Sec. 138).

• Provides amounts at a rate for operations of $365 million to the Minerals Management Service, notwithstanding Section 101 of this bill (Sec. 128).

• Establishes the Small Business Lending Fund (SBLF) within the Department of Treasury in which the Secretary of the Treasury is authorized to appropriate up to $30 billion for capital investments to the following (Sec. 4103):
• Financial institutions with assets of $1 billion or less, provided that such investment does not exceed 5 percent of risk-weighted assets; and
• Financial institutions with assets of more than $1 billion but no more than $10 billion, provided that such investment does not exceed 3 percent of risk-weighted assets.

• Requires the Department of Treasury to purchase preferred stock and other financial instruments from financial institutions to finance capital investments from the the SBLF, and specifies that such preferred stock and other financial instruments shall be repaid within 10 years, or be subject to additional terms as determined by the Secretary, including, but not limited to, that the stock carry the highest dividend or interest rate payable (Sec. 4103).

• Requires the funds received in connection with the investments made from the SBLF shall be paid into the General Fund of the Department of Treasury for reduction of the public debt (Sec. 4103).

• Requires a financial institution to submit with an application for a capital investment from the SBLF a "small business lending plan" that describes the strategy and operating goals to "address the needs of small businesses in the areas it serves, as well as a plan to provide linguistically and culturally appropriate outreach, where appropriate" (Sec. 4103).

• Authorizes financial institutions that are community development loan funds to apply to receive capital investments from the SBLF, provided such investment does not exceed 5 percent of total assets (Sec. 4103).

• Prohibits financial institutions from receiving capital investments from the SBLF if they are on the Federal Deposit Insurance Corporation's (FDIC) "problem bank list" (current rating of 4 or 5 under the Uniform Financial Institutions Rating System, or other designation as determined by the FDIC), or have been removed from such list in the last 90 days (Sec. 4103).

• Requires the Secretary of the Treasury to consider the following when considering applications for capital investments from the SBLF (Sec. 4105):
• Increasing the availability of credit for small businesses;
• Providing funding to minority-owned eligible institutions and other institutions that serve small businesses that are owned by minorities, veterans, and women, and that serve low to moderate-income, minority, and other "underserved" or rural communities;
• Protecting and increasing American jobs;
• Increasing the opportunity for small business development in areas with unemployment rates that exceed the national average;
• Ensuring that financial institutions may apply for capital investments without discrimination based on geography;
• Providing transparency with respect to the use of funds;
• Minimizing the costs to taxpayers;
• Promoting and engaging in financial education to would-be borrowers; and
• Providing funding to financial institutions that serve small businesses directly affected by the Deepwater Horizon oil spill, particularly states along the Gulf of Mexico.

• Establishes the Small Business Credit Initiative (SBCI) within the Department of Treasury through which the Secretary of the Treasury is required to allocate $1.5 billion to states for capital access programs for small businesses, and specifies that the amount of SBCI funds allocated to states is contingent on the state's employment declines in 2008 and 2009 (Secs. 3003 & 3009).

• Requires state capital access programs to meet the following criteria to receive funding from the SBCI (Sec. 3005):
• Provides portfolio insurance for business loans based on a separate loan-loss reserve fund for each financial institution;
• Requires insurance premiums to be paid by the financial institution lenders and by the business borrowers to the reserve fund to have their loans enrolled in the reserve fund;
• Provides for contributions to be made by the state to the reserve fund in amounts at least equal to the sum of the amount of the insurance premium charges paid by the borrower and the financial institution to the reserve fund for any newly enrolled loan; and
• Provides its portfolio insurance solely for loans that do not exceed $5 million for borrowers that have 500 employees or less at the time the loan is enrolled in the program.

• Requires states to submit with an application for SBCI funding for a capital access program, a report stating how the state plans to use the funds to provide access to capital for small businesses in low to moderate-income, minority, and other "underserved communities," including women and minority owned small businesses (Sec. 3005).

• Limits insurance premium charges for loans approved by state capital access programs and funded by the SBCI to a range of 2 percent to 7 percent of the amount of the loan (Sec. 3005).

• Expands the income tax exemption for small business stock from 50 percent of any sale or gain such stock to 100 percent for stock acquired after the date of enactment through January 1, 2011 (Sec. 2011).

• Authorizes self-employed individuals to deduct their health insurance costs from their tax liability for the 2010 taxable year (Sec. 2042).

• Authorizes the Administrator of the SBA to provide open-end extension of credit under the Floor Plan Financing Program to small businesses for the purchase of automobiles, recreational vehicles, boats, and manufactured homes for another 5 years, provided an extension of credit is between $500,000 and $5 million (Sec. 1133).

• Expands the participation of the SBA in small business loans (15 USC 636) as follows (Sec. 1111):
• For loans in which the balance of the financing outstanding at the time of disbursement exceeds $150,000, the rate is increased from 75 percent to 90 percent of the balance; and
• For loans in which the balance of the financing outstanding at the time of disbursement is less than $150,000, the rate is increased from 85 percent to 90 percent of the balance.

• Increases the maximum amount of loans the SBA is authorized to issue for plant acquisition, construction, conversion, or expansion (15 USC 696) as follows (Sec. 1112):
• For small businesses, the limit is increased from $1.5 million or $2 million, depending on the purpose of the loan, to $5 million;
• For small manufacturers, the limit is increased from $4 million to $5.5 million;
• For projects that reduce a borrower's energy consumption by at least 10 percent, the limit is increased from $4 million to $5.5 million; and
• For projects that generate renewable energy or renewable fuels, the limit is increased from $4 million to $5.5 million.

• Increases the maximum amount of business property ("Section 179 property" - 26 USC 179) that may be deducted from income tax liability from $125,000 (set to go back to $25,000 in 2011) to the following (Sec. 2021):
• $250,000 for 2008-2009;
• $500,000 for 2010-2011; and
• $25,000 for 2012 and subsequent taxable years.

• Increases the threshold to reduce the aforementioned income tax deduction for business property from the amount by which the property exceeds $500,000 (set to go down to $200,000 in 2011) to the amount which the property exceeds the following (Sec. 2021):
• $800,000 for 2008-2009;
• $2 million for 2010-2011; and
• $200,000 for 2012 and subsequent taxable years.

• Increases the maximum amount of business startup expenditures that may be deducted from income tax liability from $5,000 to $10,000, and increases the threshold to reduce the deduction from the amount by which the expenditures exceed $50,000 to the amount by which expenditures exceed $60,000 (Sec. 2031).

• Repeals Section 9006 of HR 3590 (the "Patient Protection and Affordable Care Act"), a provision that requires corporations to report the amount of any payments (and the name and address of the recipients) made to another entity, including other corporations, in amounts that total $600 or more in any taxable year (Sec. 101).

• Repeals foreign tax credits until related income is taken into account in accordance with United States tax laws, and denies foreign tax credits with respect to foreign income not subject to United States taxation by reason of covered asset acquisitions (Sec. 201).

• Authorizes separate application of foreign tax credit limitations if an item of income would be treated as derived from sources within the United States without regard to a treaty obligation, such item would be treated as arising from sources outside the United States under a treaty obligation, and the taxpayer chooses the benefits of such treaty obligation (Sec. 203).

• Defines a foreign corporation as a member of an affiliated group for purposes related to the allocation and apportionment of interest if more than 50 percent of the corporation's gross income for the taxable year is connected with the conduct of a trade or business within the United States and at least 80 percent of either the vote or value of all its outstanding stock is owned directly or indirectly by members of the affiliated group (Sec. 206).

• Appropriates $33.29 billion (including appropriation increases and rescissions) for the Department of Defense for military purposes, including, but not limited to, the following (Ch. 3):
• $24.59 billion for operation and maintenance;
• $4.95 billion for procurement; and
• $1.79 billion for military personnel.

• Appropriates $13.38 billion for the Department of Veterans Affairs for compensation and pensions, and specifies that the funds may not be obligated or expended until the expiration of the period for Congressional disapproval of the regulations prescribed by the Secretary of Veterans Affairs to establish a service connection between exposure of veterans to Agent Orange during service in the Republic of Vietnam during "the Vietnam era" and hairy cell leukemia, other chronic B cell leukemias, Parkinson's disease, and ischemic heart disease (Ch. 9, Sec. 902).

• Appropriates $6.18 billion for the Department of State, including, but not limited to, the following (Ch. 10):
• $3.17 billion for bilateral economic assistance;
• $1.41 billion for administration of foreign affairs;
• $1.13 billion for international security assistance; and
• $96.5 million for international organizations.

• Appropriates $5.1 billion for the Department of Homeland Security for the Federal Emergency Management Agency for disaster relief (Ch. 6).

• Requires states to determine whether an individual is eligible for emergency unemployment compensation or regular compensation if the individual meets the following criteria (Sec. 3):
• Has been eligible for emergency unemployment compensation;
• The benefit year for which the individual was eligible for emergency unemployment compensation has expired;
• Has remaining entitlement to emergency unemployment compensation with respect to that benefit year; and
• Would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25 percent less than the weekly benefit in the aforementioned previous benefit year.

• Prohibits states from reducing the average weekly benefit amount of regular compensation payable during the period of the agreement occurring on or after June 2, 1010 to an amount that is less than the average weekly benefit amount of regular compensation which would otherwise have been payable during such period, as in effect on June 2, 2010, in order to ensure eligibility for emergency unemployment compensation (Sec. 4).

• Establishes emergency designations for sections 2 and 3 of this Act, related to extending unemployment benefits, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010 (Sec. 5).

• Appropriates $10 billion for the Department of Education for an Education Jobs Fund, which shall award grants to local educational agencies to finance the retaining, rehiring, and hiring of elementary and secondary education employees (Title IV, Ch. 1).

• Appropriates $4.95 billion for student financial assistance, including Federal Pell Grants (Title IV, Ch. 1).

• Rescinds $500 million in appropriations for the Department of Education to be allocated for state education incentive grants, as provided for in the American Recovery and Reinvestment Act ("stimulus bill") (Sec. 4158).

• Appropriates $500 million for the Department of Homeland Security for U.S. Customs and Border Protection (Title IV, Ch. 1).

• Appropriates $163 million for the Department of Defense for the construction, renovation, repair, or expansion of elementary and secondary public schools on military installations (Title IV, Ch. 1).

• Authorizes the Secretary of Labor, upon being instructed to do so by the President, to provide oil spill unemployment assistance, in an amount deemed appropriate by the Secretary, to an individual whose unemployment is caused by an oil spill "of national significance," and specifies that such assistance shall not be extended beyond 26 weeks after the individual became unemployed (Sec. 4152).

• Appropriates $50 million for the Department of Defense for the Emergency Food Assistance Program (Sec. 4101).

• Appropriates $16.5 million for the Department of Defense for a "soldier readiness processing center" (Title IV, Ch. 1).

• Specifies that nothing in this portion prohibits or restricts use of funds by any department or agency of the U.S. to carry out diplomatic efforts or humanitarian activities in Afghanistan, including security related to such efforts and activities.

• Requires the Director of National Intelligence, not later than January 31, 2011, to submit to the President and Congress a new national intelligence estimate on security and stability in Afghanistan and Pakistan, including an assessment of the following (Sec. 309):
• The ability, performance, intent, and commitment of the Governments of Afghanistan and Pakistan to work with the U.S. in implementing the strategy announced in December 2009;
• The security forces of Afghanistan and Pakistan, including their ability to maintain security in areas where they are deployed, and the timing of full deployment as envisioned by the December 2009 strategy;
• Whether continuing U.S. military presence in Afghanistan contributes to Afghan and Pakistani support for, or sympathy toward, the Taliban, al Qaeda, or other insurgents;
• The effect of continuing U.S. military presence on the strength of al Qaeda and other terrorist organizations in Afghanistan and neighboring countries; and
• The effect of the continuing U.S. military presence on the ability of al Qaeda and related terrorist organizations to obtain resources, recruit personnel, and continue operations targeted at the U.S. and its allies.

• Requires the Special Inspector General for Afghanistan Reconstruction, not later than 90 days after the date of enactment, to do all of the following (Sec. 309):
• Issue recommendations on measures to increase oversight of contractors engage in activities related to Afghanistan that have a "record of engaging in waste, fraud, or abuse";
• Report on the status of the Department of Defense, the U.S. Agency for International Development, and the Department of State to implement existing recommendations regarding oversight of such contractors; and
• Report on the extent to which military and security contractors or subcontractors engaged in activities related to Afghanistan have been responsible for the deaths of Afghan civilians.

• Appropriates $33.29 billion (including appropriation increases and rescissions) for the Department of Defense for military purposes, including, but not limited to, the following (Ch. 3):
• $24.59 billion for operation and maintenance;
• $4.95 billion for procurement; and
• $1.79 billion for military personnel.

• Appropriates $13.38 billion for the Department of Veterans Affairs for compensation and pensions, and specifies that the funds may not be obligated or expended until the expiration of the period for Congressional disapproval of the regulations prescribed by the Secretary of Veterans Affairs to establish a service connection between exposure of veterans to Agent Orange during service in the Republic of Vietnam during "the Vietnam era" and hairy cell leukemia, other chronic B cell leukemias, Parkinson's disease, and ischemic heart disease (Ch. 9, Sec. 902).

• Appropriates $6.18 billion for the Department of State, including, but not limited to, the following (Ch. 10):
• $3.17 billion for bilateral economic assistance;
• $1.41 billion for administration of foreign affairs;
• $1.13 billion for international security assistance; and
• $96.5 million for international organizations.

• Appropriates $5.1 billion for the Department of Homeland Security for the Federal Emergency Management Agency for disaster relief (Ch. 6).

• Appropriates $1.15 billion for the Secretary of Agriculture to carry of the settlement agreement dated February 18, 2010 between certain plaintiffs and the Secretary of Agriculture to resolve the claims raised or that could have been raised in the cases consolidated in In re Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.) if such settlement agreement is approved by a court order that is or becomes final and nonappealable (Sec. 5001).

• Appropriates $1 billion for grants to states for youth activities, including employment for youth (Sec. 5002).

• Establishes the Small Business Lending Fund (SBLF) within the Department of Treasury in which the Secretary of the Treasury is authorized to appropriate up to $30 billion in capital investments to the following (Sec. 103):
• Financial institutions with assets of $1 billion or less, provided that such investment does not exceed 5 percent of risk-weighted assets; and
• Financial institutions with assets of more than $1 billion but less than $10 billion, provided that such investment does not exceed 3 percent of risk-weighted assets.

• Requires the Department of Treasury to purchase preferred stock and other financial instruments from financial institutions to finance capital investments from the the SBLF, and specifies that such preferred stock and other financial instruments shall be repaid within 10 years, or be subject to additional terms as determined by the Secretary, including, but not limited to, that the stock carry the highest dividend or interest rate payable (Sec. 103).

• Specifies that the funds received in connection with the investments made from the SBLF shall be paid into the General Fund of the Department of Treasury for reduction of the public debt (Sec. 103).

• Requires financial institutions to submit with an application for a capital investment from the SBLF a "small business lending plan" that describes the strategy and operating goals to "address the needs of small businesses in the areas it serves, as well as a plan to provide linguistically and culturally appropriate outreach, where appropriate" (Sec. 103).

• Authorizes financial institutions that are community development loan funds to apply to receive capital investments from the SBLF, provided such investment does not exceed 10 percent of total assets (Sec. 103).

• Prohibits financial institutions from applying to receive capital investments from the SBLF if they are on the Federal Deposit Insurance Corporation's (FDIC) "problem bank list" (current rating of 4 or 5 under the Uniform Financial Institutions Rating System, or other designation as determined by the FDIC), or have been removed from such list in the last 90 days (Sec. 103).

• Requires the Secretary of the Treasury to consider the following when considering applications for capital investments from the SBLF (Sec. 105):
• Increasing the availability of credit for small businesses;
• Providing funding to minority-owned eligible institutions and other institutions that serve small businesses that are owned by minorities, veterans, and women, and that serve low to moderate-income, minority, and other "undeserved" or rural communities;
• Protecting and increasing American jobs;
• Increasing the opportunity for small business development in areas with unemployment rates that exceed the national average;
• Ensuring that financial institutions may apply for capital investments without discrimination based on geography;
• Providing transparency with respect to the use of funds;
• Minimizing the costs to taxpayers;
• Promoting and engaging in financial education to would-be borrowers; and
• Providing funding to financial institutions that serve small businesses directly affected by the Deepwater Horizon oil spill, particularly states along the Gulf of Mexico.

• Establishes the Small Business Credit Initiative (SBCI) within the Department of Treasury in which the Secretary of the Treasury is required to allocated $2 billion to States for credit support programs for small businesses, and specifies that the amount of SBCI funds allocated to states is contingent on the state's employment declines in 2008 and 2009 (Secs. 203 & 209).

• Requires state capital access programs to meet the following criteria to receive funding from the SBCI (Sec. 205):
• Provides portfolio insurance for business loans based on a separate loan-loss reserve fund for each financial;
• Requires insurance premiums be paid by the financial institution lenders and by the business borrowers to the reserve fund to have their loans enrolled in the reserve fund;
• Provides for contributions to be made by the state to the reserve fund in amounts at least equal to the sum of the amount of the insurance premium charges paid by the borrower and the financial institution to the reserve fund for any newly enrolled loan; and
• Provides its portfolio insurance solely for loans that do not exceed $5 million for borrowers that have 500 employees or less at the time the loan is enrolled in the program.

• Requires states to submit with an application for SBCI funding for a capital access program, a report stating how the state plans to use the funds to provide access to capital for small businesses in low to moderate-income, minority, and other "underserved communities," including women and minority owned small business (Sec. 205).

• Limits insurance premium charges for loans approved by state capital access programs and funded by the SBCI to a range of 2 percent to 7 percent of the amount of the loan (Sec. 205).

• Requires the Administrator of the SBA to establish an Early Stage Investment Program (ESIP) to provide up to $1 billion in equity investment financing to support early-stage businesses that have not generated annual sales revenues exceeding $15 million in any of the previous 3 years (Sec. 302).

• Requires the Administrator of the Small Business Administration (SBA) to consider the following when considering applications for equity investment financing under the ESIP (Sec. 302):
• The likelihood that the applicant will meet the goals of the business plan;
• The likelihood that the investments will create or preserve jobs, both directly and indirectly;
• The character, fitness, experience, and background of the management of the applicant;
• The extent to which the applicant will concentrate investment activities on early-stage small businesses;
• The likelihood that the applicant will achieve profitability;
• The experience of the management of the applicant with respect to establishing a profitable investment track record; and
• The extent to which the applicant will concentrate investment activities on small business concerns in targeted industries.

• Defines "targeted industries" as any of the following business sectors (Sec. 302):
• Agricultural technology;
• Energy technology;
• Environmental technology;
• Life science;
• Information technology;
• Digital media;
• Clean technology;
• Defense technology; and
• Photonics technology.

• Authorizes the Administrator of the SBA to approve equity financing for an investment company, provided that such financing does not exceed $100 million and the investment company makes all of the investments in small business concerns, of which 50 percent shall be early-stage small businesses (Sec. 302).

• Expands the income tax exemption for small business stock from 50 percent of any sale or gain such stock to 100 percent for stock acquired after March 15, 2010 through January 1, 2012 (Sec. 501).

• Extends various unemployment compensation provisions authorized by existing law through November 30, 2010 (Sec. 501).

• Extends a provision of law that allows for the deduction of state and local sales taxes in lieu of income taxes so that it shall expire on January 1, 2011 rather than January 1, 2010 (Sec. 223).

• Extends a provision of law that allows for tax-free distributions from individual retirement plans for qualified charitable purposes so that it shall expire on January 1, 2011, rather than after January 1, 2010 (Sec. 226).

• Extends the standard deduction for state and local real property taxes so that it applies for any taxable year beginning in 2010 (rather than expiring after the taxable year that begins in 2009) (Sec. 222).

• Extends the "above-the-line" deduction for qualified tuition and related expenses so that it expires on January 1, 2011 rather than January 1, 2010 (Sec. 225).

• Extends the tax credit for "increasing research activities" so that it expires on January 1, 2011 rather than January 1, 2010 (Sec. 241).

• Includes various revenue offset tax provisions, including, but not limited to, the following (Secs. 401, 402, and 412):
• A requirement that, in the case of a foreign tax credit splitting event, the relevant tax and credits (U.S. Code Title 26, Subpart A) shall be suspended until related income is taken into account;
• A requirement that, in the case of a covered asset acquisition, the disqualified portion of foreign income tax attributable to income from relevant foreign assets shall not be taken into account under U.S. Code Title 26, Sections 901(a), 902, or 960; and
• A requirement that, in the case of an investment partnership interest, any net income or loss with respect to such interest shall be treated as ordinary income or an ordinary loss.

• Establishes the Trust Land Consolidation Fund in the Treasury of the United States, to be made available to the Secretary to conduct the Land Consolidation Program and for other costs specified in the Indian Money Account Litigation Settlement, and directs the Secretary of the Treasury, upon final approval (as defined in the Settlement), to deposit $2 billion in the Fund (Sec. 607).

• Appropriates to the Secretary of Agriculture $1.15 billion to carry out the terms of the Settlement Agreement regarding the Black Farmers Discrimination Litigation, if the Settlement Agreement is approved by a court order that becomes final and non-appealable (Sec. 608).

• Appropriates $1 billion for grants to States for youth activities, including summer employment for youth (Sec. 605).

• This concurrence with amendment vote applies to the entire bill text as passed the previous chamber except for Section 523, which was voted on in a subsequent vote.

• Repeals, after military review and certification, a provision of existing law (commonly referred to as "Don't Ask, Don't Tell") that requires individual be removed from the armed forces if one or more of the following findings is made (Sec. 5):
• That the member has engaged in (or attempted to engage in) a homosexual act, unless further findings show that the member has demonstrated that:
• Such conduct is a departure from his/her usual behavior;
• Such conduct is unlikely to recur;
• Such conduct was not accomplished by coercive means or intimidation;
• The member's continued presence is in the interests of the armed forces in "proper discipline, good order, and morale;" and
• The member does not have "a propensity or intent" to engage in homosexual acts;
• That the member has stated that he or she is homosexual or bisexual, unless a further finding shows that the member has demonstrated that he or she does not engage in, attempt to engage in, intend to engage in, or have a "propensity" to engage in homosexual acts; or
• That the member has married or attempted to marry a person known to be of the same biological sex.

• Prohibits the aforementioned repeal from taking place until 60 days after the military certification is complete, and specifies that the certification shall be considered complete when the last of the following events occurs (Sec. 5):
• The Secretary of Defense has received the report detailing the findings of the military review; and
• Written certification is provided to Congress by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff that all of the following are true:
• The President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations in the report;
• The Department of Defense has prepared necessary policies and regulations to exercise the discretion provided by the repeal; and
• The implementation of policies and regulations associated with the repeal is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

• Prohibits funds authorized by this Act from being used to transfer, release, or assist in the transfer or release to or within the United States of Khalid Sheikh Mohammed or any other detainee who is characterized by the following (Sec. 1032):
• He or she is not a United States citizen or a member of the Armed Forces of the United States; and
• He or she is or was held on or after January 20, 2009, at the U.S. Naval Station in Guantanamo Bay, Cuba, by the Department of Defense.

• Prohibits funds authorized by this Act from being used to transfer any individual detained at the U.S. Naval Station in Guantanamo Bay, Cuba to the custody or effective control of the individual's country of origin or other foreign country, unless the Secretary of Defense submits to Congress certification of the following (Sec. 1033):
• The country is not designated as a state sponsor of terrorism or designated foreign terrorist organization;
• The country maintains control over each detention facility in which the individual is to be detained;
• The country is not, as of the date of certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;
• The country has agreed to take effective steps to ensure that the individual cannot take action to threaten the U.S., its citizens, or its allies in the future;
• The country has take such steps as the Secretary determines are necessary to ensure that the individual cannot engage or reengage in any terrorist activity; and
• The country has agreed to share any information with the U.S. that is related to the individual or any associates of the individual and could affect the security of the U.S., its citizens, or its allies.

• Expands dependent coverage under TRICARE to include individual's under 26 years of age and is not eligible for a qualified employer-sponsored plan (Sec. 702).

• Increases the rates of monthly basic pay for members of the uniformed services by 1.9 percent, effective January 1, 2011 (Sec. 601).

• Requires the Secretary of Defense to designate the F135 and F136 engine development and procurement programs as major subprograms of the F-35 Lightning II aircraft major defense acquisition program (Sec. 802).

• Authorizes the appropriation of $32.42 billion for the Defense Health Program for fiscal year 2010-2011 (Sec. 1516).

• Authorizes the appropriation of $3.42 billion for Mine Resistant Ambush Protected (MRAP) Vehicles for fiscal year 2010-2011 (Sec. 1509).

• Authorizes the appropriation of $3.46 billion for the Joint Improvised Explosive Device Defeat Fund for fiscal year 2010-2011 (Sec. 1503).

• Authorizes the appropriation of $71.2 million for the operation of the Armed Forces Retirement Home (Sec. 1421).

• Authorizes specific appropriations of $43.97 billion for the National Science Foundation, including the following (Sec. 212):
• $7.48 billion for fiscal year 2010-2011;
• $8.13 billion for fiscal year 2011-2012;
• $8.76 billion for fiscal year 2012-2013;
• $9.44 billion for fiscal year 2013-2014; and
• $10.16 billion for fiscal year 2014-2015.

• Authorizes specific appropriations of $30.17 billion for the Department of Energy Office of Science, including the following (Sec. 611):
• $5.25 billion for fiscal year 2010-2011;
• $5.61 billion for fiscal year 2011-2012;
• $6.01 billion for fiscal year 2012-2013;
• $6.43 billion for fiscal year 2013-2014; and
• $6.88 billion for fiscal year 2014-2015.

• Authorizes specific appropriations of $5.38 billion for the National Institute of Standards and Technology, including the following (Sec. 402):
• $991.1 million for fiscal year 2010-2011;
• $992.4 million for fiscal year 2011-2012;
• $1.08 billion for fiscal year 2012-2013;
• $1.13 billion for fiscal year 2013-2014; and
• $1.19 billion for fiscal year 2014-2015.

• Authorizes specific appropriations of $3.15 billion for the Advanced Research Projects Agency-Energy (ARPA-E), including the following (Sec. 622):
• $300 million for fiscal year 2010-2011;
• $450 million for fiscal year 2011-2012;
• $600 million for fiscal year 2012-2013;
• $800 million for fiscal year 2013-2014; and
• $1 billion for fiscal year 2014-2015.

• Authorizes specific appropriations of $860 million for the Energy Innovation Hubs Program, including the following (Sec. 632):
• $110 million for fiscal year 2010-2011;
• $135 million for fiscal year 2011-2012;
• $195 million for fiscal year 2012-2013;
• $210 million for fiscal year 2013-2014; and
• $210 million for fiscal year 2014-2015.

• Authorizes specific appropriations of $500 million for federal loan guarantees for "innovative technologies in manufacturing," including the following (Sec. 502):
• $100 million for fiscal year 2010-2011;
• $100 million for fiscal year 2011-2012;
• $100 million for fiscal year 2012-2013;
• $100 million for fiscal year 2013-2014; and
• $100 million for fiscal year 2014-2015.

• Authorizes specific appropriations of $176 million for Science, Technology, Engineering, and Mathematics (STEM) Education programs at the Department of Energy, including the following (Sec. 303):
• $30 million for fiscal year 2010-2011;
• $32 million for fiscal year 2011-2012;
• $36 million for fiscal year 2012-2013;
• $38 million for fiscal year 2013-2014; and
• $40 million for fiscal year 2014-2015.

• Establishes the Regional Innovation Program, through which Regional Innovation Cluster Grants may be awarded on a competitive basis for activities related to the formation and development of regional innovation clusters, and authorizes the appropriation of "such sums as are necessary" for each of fiscal years 2010-2011 through 2014-2015 for purposes related to the program (Sec. 503).

• Defines "regional innovation cluster" as a geographically bounded network of similar, synergistic, or complimentary entities that meet the following criteria (Sec. 503):
• Are engaged with a particular industry sector;
• Have "active channels" for business transactions and communication;
• Share specialized infrastructure, labor markets, and services; and
• Leverage the region's "unique competitive strengths" to "stimulate innovation and create jobs."

• Requires the Secretary of Defense to certify that the development and procurement of the alternate propulsion system will do the all of following (Sec. 212):
• Reduce the total life-cycle costs of the F-35 Joint Strike Fighter program;
• Improve the operational readiness of the fleet of F-35 Joint Strike Fighter aircraft;
• Not disrupt the F-35 Joint Strike Fighter program during the research, development, and procurement phases of the program; and
• Not result in the procurement of fewer F-35 Joint Strike Fighter aircraft during the life-cycle of the program.

• Reduces Joint Strike Fighter F136 Development appropriation authorizations by the following amounts (Sec. 212):
• $242.5 million for Navy Joint Strike Fighter F136 Development; and
• $242.5 million for Air Force Joint Strike Fighter F136 Development.

• Requires the head of each executive agency, within 1 year of the date of enactment, to establish a policy that authorizes employees to telework "to the maximum extent possible without diminishing agency operations and performance" (Sec. 2).

• Exempts agencies from the aforementioned requirement in the case of employees whose duties and responsibilities require daily direct handling of classified information or require on-site activity which cannot be carried out from a site removed from the employee's regular place of employment (Sec. 2).

• Authorizes agencies to temporarily revoke permission for an employee to telework if the employee is needed to respond to an emergency, as determined by the head of the agency (Sec. 2).

• Prohibits agencies from making distinctions between telework and non-telework employees with respect to any of the following (Sec. 2):
• Job performance appraisals;
• Training, rewarding, reassigning, promoting, reducing in grade, retaining, or removing employees;
• Work requirements; and
• Other acts involving managerial discretion.

• Requires agencies to establish the position of Telework Managing Officer, and establishes the duties and responsibilities of the Officer, including, but not limited to, the following (Sec. 2):
• Providing advice on teleworking to the head of the agency and the Chief Human Capital Officer;
• Serving as a resource on teleworking for supervisors, managers, and employees; -Serving as primary point of contact on telework matters for agency employees, Congress, and other agencies;
• Working with senior management to develop and implement a plan to incorporate telework into regular business strategies;
• Establishing a system for receiving feedback from agency employees on the the telework policy; and
• Ensuring that employees are notified of grievance procedures avaliable to them with respect to disputes related to telework.

• Requires the Director of the Office of Personnel Management to do the following (Sec. 2):
• In consultation with the Administrator of General Services, establish regulations necessary to establish the government-wide telework policy within 180 days after the date of enactment;
• In consultation with the Administrator of General Services, maintain a central, publicly avaliable telework website; and
• Provide advice, assistance, and any necessary training to agencies to fulfill the telework requirements.

• Requires the Director of the Office of Personnel Management to submit to the Comptroller General and appropriate committees of Congress annual reports evaluating the extent to which each agency is in compliance with the provisions of this Act and an evaluation of other factors, including, but not limited to, the following (Sec. 2):
• Degree of participation by employees of the agency in teleworking;
• Whether the total number of employees who telework is at least 10 percent higher or lower than the previous reporting period and the reason for such change;
• Agency's goal for increasing the number of employees who telework and the extent to which the agency has met this goal;
• The best practices in agency telework programs; and
• The extent to which specific agencies (31 USC 901(b)) are incorporating telework in its continuity of operations plans and in response to emergencies.

• Extends unemployment insurance provisions in the following Acts by approximately 2 months (Sec. 2):
• The "Supplemental Appropriations Act, 2008;"
• The "Assistance for Unemployed Workers and Struggling Families Act;" and
• The "Unemployment Compensation Extension Act of 2008."

• Extends the expiration date of the eligibility period for COBRA benefits from March 31, 2010 to May 31, 2010 (Sec. 3).

• Increases the Medicare physician payment update by extending the date through which the update to the single conversion factor shall be 0 percent from March 31, 2010 to May 31, 2010 (Sec. 4).

• Prohibits the Secretary of Health and Human Services from publishing updated poverty guidelines for 2010 before May 31, 2010, and specifies that the 2009 guidelines shall be in effect until updated guidelines are published (Sec. 6).

• Appropriates $80 million to the Business Loans Program Account of the Small Business Administration for fee reductions and eliminations and loan guarantees (Sec. 10).

• Designates this Act (with the exception of Section 4) an emergency with regard to the Statutory Pay-As-You-Go Act of 2010 (Sec. 12).

Insurance Regulations

• Prohibits health insurers from excluding individuals who have preexisting conditions (Sec. 1201).

• Prohibits health insurers from establishing rules for eligibility (including continued eligibility) based on any of the following factors (Sec. 1201):
• Health status;
• Medical condition (including physical and mental illnesses);
• Claims experience;
• Receipt of health care;
• Medical history;
• Genetic information;
• Evidence of insurability (including conditions relating to domestic violence);
• Disability; and
• Any other health status-related factor determined appropriate by the Secretary.

• Requires health insurers to base premium rates for plans in the individual or small group markets on the following factors (Sec. 1201):
• Whether the plan covers an individual or family;
• Rating area;
• Age; and
• Tobacco use.

• Prohibits health insurers from establishing lifetime limits or annual limits on the dollar value of benefits for any participant or beneficiary (Secs. 1001 & 10101).

• Prohibits health insurers from rescinding coverage unless fraud or a violation of the terms of the health plan have occurred (Sec. 1001).

• Requires health insurers to provide coverage for certain services at no cost to the patient including, but not limited to, the following (Sec. 1001):
• Immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention; and
• Preventive health care and screenings for women, infants, children and adolescents.

• Expands health insurance coverage for dependent children to cover any unmarried adult child until he or she turns 26 years old (Sec. 2714).

• Requires the Secretary to establish a temporary high risk health insurance pool program no later than 90 days after the date of enactment of this bill to provide coverage for the following individuals through 2013 (Sec. 1101):
• Citizens or nationals of the United States;
• Individuals who have not been covered during the 6 month period prior to the establishment of the high risk pool; and
• Individuals who have a preexisting condition.

• Limits the annual out-of-pocket maximum for plans in the high risk pool to $5,000 for self-only coverage and $10,000 for family coverage (Sec. 1101).

• Specifies that nothing in this bill requires an individual to terminate coverage under a group health plan or any other form of health insurance coverage in which the individual was enrolled on the date of enactment (Sec. 1251).

• Defines "qualified health plan" as a plan that meets certain criteria including, but not limited to, the following (Secs. 1301-1302):
• Provides the following levels of coverage, with some exceptions:
• "Bronze level," in which 60 percent of the costs are reimbursed;
• "Silver level," in which 70 percent of the costs are reimbursed;
• "Gold level," in which 80 percent of the costs are reimbursed; and
• "Platinum level," in which 90 percent of the costs are reimbursed;
• Covers the following services:
• Ambulatory patient Services
• Emergency services;
• Hospitalization;
• Maternity and newborn care;
• Mental health and substance use disorder services;
• Prescription drugs;
• Rehabilitative and habilitative services and devices;
• Laboratory services;
• Preventive and wellness services and chronic disease management; and
• Pediatric services, including oral and vision care.
• Limits deductibles to $2,000 for individual coverage beginning in 2014 and $4,000 for any other plan;
• Is offered by a health insurer that offers at least 1 "silver level" and "gold level" plan in each Exchange; and
• Is offered by a health insurer that agrees to charge the same premium rate for each plan regardless of whether the plan is offered through and Exchange or directly.

• Authorizes qualified health plans to refuse to provide coverage for abortion or abortion-related services (Sec. 1303).

Health Insurance Exchange

• Requires each state to establish a Health Benefit Exchange no later than January 1, 2014 (Sec. 1311).

• Defines "Health Benefit Exchange" as a governmental or non-profit agency that provides qualified health plans to qualified individuals (excluding undocumented immigrants and incarcerated individuals) and employers that meet certain requirements, including, but not limited to, the following (Secs. 1311 & 1312):
• Maintain a website through which prospective enrollees may compare health plans;
• Assign ratings for every qualified health plan offered; and
• Provide an electronic calculator for the purpose of determining the cost of coverage.

• Authorizes qualified individuals to refuse to participate in an Exchange (Sec. 1312).

• Requires the federal government to establish a Health Benefit Exchange within a state if that state fails to establish its own Exchange by January 1, 2014 (Sec. 1321).

• Authorizes states to enact laws prohibiting abortion coverage in qualified health plans offered through the state's Exchange (Sec. 10104).

• Establishes a program that allows states to enter into a competitive process to negotiate contracts, premiums, cost sharing, and benefits with standard health plans for the following individuals (Sec. 1331):
• Individuals who are ineligible to enroll in Medicaid;
• Individuals who are ineligible for minimum essential coverage or eligible for an employer-sponsored plan that is not "affordable";
• Individuals whose household income is above 133 percent but not more than 200 percent of the federal poverty line (according to the size of that individual's family); and
• Individuals who are under age 65 at the beginning of the plan year.

• Authorizes interstate health care compacts, under which qualified health plans offered in one state can be purchased in another state, beginning in 2016, provided that the insurers are licensed in each participating state and adhere to the consumer protection standards of the purchaser's state (Sec. 1333).

• Establishes tax credits to assist individuals with the cost of health insurance premiums, and specifies that such assistance shall be equal to the monthly premiums for one or more qualified Exchange health plans (Sec. 1401).

• Establishes the following discounts for individuals enrolled in a plan providing silver level coverage through an Exchange and whose household income is greater than 100 percent but less than 400 percent of the federal poverty line (Sec. 1402):
• 2/3 reduction if household income is between 100 and 200 percent of the federal poverty line;
• 1/2 reduction if household income is between 200 and 300 percent of the federal poverty line; and
• 1/3 reduction if household income is between 300 and 400 percent of the federal poverty line.

• Establishes a tax credit for small businesses that purchase health insurance for their employees of 50 percent (or 35 percent for a small employer eligible for tax exemption) of the lesser of (Sec. 1421):
• Total nonelective contributions the employer made on behalf of its employees for premiums for qualified health plans offered through an Exchange; or
• Total nonelective contributions the employer would have made if each employee had enrolled in a qualified health plan.

• Defines an "eligible small employer" as an employer with no more than 25 full-time employees whose average annual wages are less than $50,000 and who arrange to make nonelective contributions on behalf of each employee (Sec. 1421).

Employer and Individual Mandates

• Requires most individuals to maintain "minimum essential health care coverage" for themselves and any dependents beginning on January 1, 2014, defined as any of the following (Sec. 1501):
• Medicare and Medicaid;
• Children's Health Insurance Program;
• TRICARE;
• Veteran's health care program;
• Health care for Peace Corps volunteers;
• Employer-sponsored plans;
• Individual market plans;
• Grandfathered health care plans, meaning coverage that is offered and effective before the date of enactment; or
• Other health care plan recognized by the Secretary of Health and Human Services (including state high-risk pooling plans).

• Establishes a monthly penalty on individuals who can afford minimal health coverage but fail to provide it for themselves and any dependents, and specifies that the penalty shall be the greater of 1/12 of the following (Sec. 1501):
• A flat dollar amount, calculated by applying an "applicable dollar amount" multiplied by the number of people for whom the individual is liable, or 300 percent of such amount for the taxable year; or
• A percentage of the individual's income: 0.5 percent for taxable years beginning in 2014, 1.0 percent for taxable years beginning in 2015, or 2.0 percent for taxable years beginning after 2015

• Defines "applicable dollar amount" as $95 for 2014, $495 for 2015, and $750 thereafter for individuals over 18 years of age, and $47.50 for 2014, $247.50 for 2015, and $375 thereafter for individuals under 18 years of age (Sec. 1501).

• Exempts the following individuals from the penalty for failure to acquire coverage (Sec. 1501):
• Individuals with conflicts of "religious conscience";
• Individuals who are members of a health care sharing ministry;
• Undocumented immigrants;
• Incarcerated individuals;
• Individuals for whom the cost of minimal health care coverage would exceed 8 percent of his or her income for 2013;
• Individuals whose income is under 100 percent of the federal poverty line;
• Members of Native American tribes;
• Individual who has "suffered a hardship," as determined by the Secretary; and
• Any other applicable individual who was not covered on the last day of the month for 3 consecutive months.

• Specifies that taxpayers cannot be criminally prosecuted, nor can a lien be placed on a taxpayer's property, for failure to pay penalties for lack of health care coverage (Sec. 1501).

• Requires businesses that employ more than 200 full-time employees and offer more than 1 health benefits plan to automatically enroll employees into a plan, and requires the employer to notify employees that they may opt out of such plan (Secs. 1511 - 1512).

• Requires large employers that impose a waiting period of 60 days or more to enroll in the company's health benefits plan to pay $600 (adjusted for inflation beginning in 2015) for every full-time employee affected by the waiting period (Sec. 1513).

• Establishes an excise tax of 40 percent on coverage providers that provide "high cost employer-sponsored health care plans," to be applied to the amount of the premium in excess of the following thresholds (Sec. 9001):
• $8,500 for single coverage, or $9,850 for employees of high-risk professions and single retired persons 55 and older (cost of living adjustment applied beginning in 2014);
• $23,000 for family coverage, or $26,000 for employees of high-risk professions and retired persons 55 and older with family coverage (cost of living adjustment applied beginning in 2014); and
• If the plan is offered in 1 of the 17 states that the Secretary of Health and Human Services determines had the highest average cost of health care in 2012, the threshold will be increased from 2012 through 2015.

• Exempts the following types of coverage from the aforementioned excise tax (Sec. 9001):
• Long-term care;
• Accident or disability insurance;
• Coverage for a specific disease or illness; and
• Hospital or other fixed indemnity insurance.

• Defines "coverage provider" to include each of the following entities (Sec. 9001):
• Issuers of group health insurance plans;
• Employers who make contributions to employees Health Savings or Medical Savings Accounts;
• Self-employed individuals who are eligible to deduct the cost of their health insurance plan; and
• Administrators of other health care plans.

• Defines a "high risk profession" as any of the following (Secs. 9001 & 10901):
• Individuals who install or repair electrical and telecommunications lines;
• Law enforcement officers;
• Fire fighters;
• Emergency medical technicians, paramedics, first-responders, and others who provide out-of-hospital emergency medical care; or
• Construction workers, longshore workers, miners, most agricultural workers, foresters, and fishermen.

• Increases a tax on payment distributions from Health Savings Accounts to beneficiaries for non-qualified medical expenses from 10 percent to 20 percent, beginning in 2011 (Sec. 9004).

• Increases a tax on payment distributions from Archer Medical Savings Accounts to beneficiaries for non-qualified medical expenses from 15 percent to 20 percent, beginning in 2011 (Sec. 9004).

• Establishes a non-deductible flat fee to be collected annually after 2010 totaling $2 billion on medical device manufacturers and importers making more than $5 million during a calendar year (Sec. 9009).

• Increases the hospital insurance tax rate by 0.9 percent on individuals earning over $200,000 and on married couples filing jointly that earn over $250,000, beginning in 2013 (Secs. 9015 & 10906).

• Establishes a 10 percent excise tax on voluntary indoor tanning services, to be collected at the point of service beginning after July 1, 2010, and specifies that phototherapy services performed by a licensed professional are exempt from such tax (Secs. 9017 & 10907).

 Medicare and Medicaid

• Requires the Secretary of Health and Human Services to establish a modifier for Medicare rates of payments to physicians based on the quality of care compared to the cost during a performance period (Sec. 3007).

• Establishes a 1 percent Medicare payment reduction, beginning in fiscal year 2014-2015, for high cost, high volume hospitals (Sec. 3008):

• Requires the Secretary of Health and Human Services to reduce Medicare rates of payment to hospitals by specific amounts based upon their rates of "excess readmission" (Sec. 3025).

• Requires the Secretary to establish a Hospital Value-Based Purchasing Program in which incentive payments are made to hospitals, beginning with fiscal year 2012-2013, based on performance standards for the following conditions or procedures (Sec. 3001):
• Acute myocardia infarction (AMI);
• Heart failure;
• Pneumonia;
• Surgeries, as mentioned by the Surgical Care Improvement Project; and
• Healthcare-associated infections.

• Establishes the following quality performance bonuses for Medicare Part C plans beginning in 2014 based on their rating according to a 5 star rating system that measures clinical quality and enrollee satisfaction (Sec. 3201):
• For plans that achieve a 3 star rating, a monthly payment equal to 2 percent of the national monthly per capita cost for expenditures for individuals enrolled under the original Medicare fee-for-service program; and
• For plans that achieve a 4 or 5 star rating, a monthly payment equal to 4 percent of the national monthly per capita cost for expenditures for individuals enrolled under the original Medicare fee-for-service program.

• Reduces the coverage gap under Medicare Part D that separates the limit on initial coverage and the coverage for catastrophic care ("donut hole") by $500 beginning January 1, 2010 (Sec. 3315).

• Establishes a 50 percent discount for selected drugs for individuals who are subject to the Medicare Part D coverage gap, effective July 1, 2010 (Sec. 3301).

• Expands Medicaid eligibility to include individuals under 65 years of age with incomes that do not exceed 133 percent of the federal poverty level, including adults without children or a disability, beginning January 1, 2014 (Secs. 2001 & 10201).

• Specifies that the federal government will compensate the states for the costs of the aforementioned expansion in Medicaid eligibility (Sec. 2001).

• Defines "expansion state" as a state that on the date of enactment offers health coverage, including inpatient hospital services, to parents and nonpregnant, childless adults with incomes that are at least 100 percent of the federal poverty line and who do not have access to employer-based coverage (Secs. 2001 & 10201).

• Prohibits States from adopting eligibility standards, methodologies, or procedures for Medicaid that are a more restrictive than federal eligibility standards, methodologies, or procedures (Sec. 2001).

• Extends current funding for the Children's Health Insurance Program (CHIP) through September 31, 2015 (Secs. 2101 & 10203).

• Prohibits States from adopting eligibility standards, methodologies, or procedures for CHIP that are a more restrictive than than federal eligibility standards, methodologies, or procedures, but repeals this prohibition on September 30, 2019 (Sec. 2101).

Public Health and Workforce Development

• Establishes the National Prevention, Health Promotion and Public Health Council within the Department of Health and Human Services, and requires the Council to perform the following duties (Sec. 4001):

• Serve as a coordinating organization among all federal agencies with respect to prevention, wellness, and health promotion practices, the public health system, and integrative health care;
• Develop a national strategy to improve the health of Americans and reduce incidents of preventable illnesses;
• Provide the President and Congress with recommendations on the most pressing health issues, including any policy changes that may achieve national health and wellness goals;
• Propose innovative approaches and policies for prevention, integrative wellness and public health for individuals and on community-levels;
• Establish a process for continual public input at the regional, state, and local level;
• Develop and make public the Council's national health strategy and recommendations; and
• Perform other activities as required by the President.

• Establishes a Prevention and Public Health Fund to provide for the expansion and sustained investment in public health and preventative programs and to lessen growth in private and public sector health care costs, to which the following amounts are appropriated (Sec. 4002):
• $500 million for fiscal year 2009-2010;
• $750 million for fiscal year 2010-2011;
• $1 billion for fiscal year 2011-2012;
• $1.25 billion for fiscal year 2012-2013;
• $1.5 billion for fiscal year 2013-2014; and
• $2 billion for fiscal year 2014-2015 and each subsequent year thereafter.

• Appropriates $50 million for each fiscal year from 2009-2010 to 2012-2013 for the establishment of a grant program for school-based health centers, with preference given to health centers that serve a large child population eligible for assistance under the state Medicaid plan, and requires such health centers to provide the following core services (Sec. 4101):
• Health assessments, diagnosis, and treatment of minor, acute, and chronic medical conditions; and
• Mental health and substance use disorder assessments, crisis intervention, counseling, treatment, and referral to a continuum of services including emergency psychiatric care, community support programs, inpatient care, and outpatient programs.

• Requires chain restaurants with more than 20 locations to display calorie content information next to food items on menus, including drive-through menu boards and self-service food and beverage bars, and to have that calorie information reflect servings as usually prepared and offered for sale (Sec. 4205).

• Appropriates $25 million for the Childhood Obesity Demonstration Project for fiscal years 2009-2010 through 2013-2014 (Sec. 4306). 

• Increases the maximum amount available for nursing student loans from $2,500 to $3,300 for any student and $4,000 to $5,200 for students in their last 2 academic years (Sec. 5202).

• Establishes a pediatric specialty loan repayment program that covers the principal interest of undergraduate, graduate and medical degree loans up to $35,000 a year for not more then 3 years, provided that the recipient agrees to provide pediatric medical subspecialty, pediatric surgical specialty, or child and adolescent mental and behavioral health care in an area with a shortage (Sec. 5203).

• Authorizes the Secretary of Health and Human Services to award grants to higher education institutions that recruit and provide clinical experience to students in mental health and behavioral health education, and appropriates funds as follows for fiscal years 2009-2010 through 2012-2013 (Sec. 5306):
• $8 million for social work training;
• $12 million for graduate psychology training;
• $10 million for professional child and adolescent mental health training; and
• $5 million for paraprofessional child and adolescent work.

• Authorizes the establishment of a Unites States Public Health Sciences Track, which is authorized to award advanced degrees through existing accredited academic institutions and shall emphasize team-based service, public health, epidemiology, and emergency preparedness and response (Sec. 5315).

• Specifies that students admitted to the Track shall receive tuition (or tuition remission) and a stipend for each school year for up to 4 years, in exchange for the following (Sec. 5315):
• Maintain Track enrollment until the course of study is completed;
• Maintain "an acceptable level" of academic standing (as determined by the Surgeon General);
• Complete a residency or internship if pursuing a degree from a school of medicine or osteopathic medicine, dental, public health, or nursing school or a physician assistant, pharmacy, or behavioral and mental health professional program; and
• Serve in the Commissioned Corps for two years for each year of enrollment, unless serving in a capacity which qualifies for a reduction.

• Authorizes the Secretary of Health and Human Services to award grants to teaching health centers to establish new accredited or expanded primary care residency programs, and appropriates $125 million for such grants for fiscal years 2009-2010 through 2011-2012 (Sec. 5508).

• Establishes an approval pathway to license biological products that are biosimilar or interchangeable with products that are already licensed, and prohibits the licensing of biosimilar products until 12 years after the licensing of the already-licensed product (Sec. 7002).

• Specifies that most employers will not be required to pay an excise tax for the second, third, and fourth calendar quarters of 2010 on wages for employees who began employment between February 3, 2010 and December 31, 2010, with the following conditions (Sec. 101):
• The employer must provide a signed affidavit that employees have not worked more than 40 hours a week in the 60 days prior to employment;
• The employee was not hired to replace a worker that was fired; and
• The employee is not a corporation, nor owns either directly or indirectly more than 50 percent of the company's capital.

• Specifies that, on payroll taxes paid during the first quarter, amounts that could have otherwise been credited shall be treated as payments against first quarter payroll taxes (Sec. 101).

• Specifies that Railroad Retirement taxes shall apply to any employee who began employment between February 3, 2010 and December 31, 2010 at a rate of 1.45 percent of wages paid by the employer (Sec. 101).

• Increases the current year business tax credit for employers that have retained workers for at least 52 consecutive weeks by the lesser of the following (Sec. 102):
• $1,000; or
• 6.2 times the amount of wages paid by the employer to workers.

• Specifies that issuers of qualified zone academy bonds and qualified school construction zone bonds may elect to apply for a tax credit, and a credit shall be the lesser of (Sec. 301):
• The amount of interest payable under the bond; or
• The amount of interest that would have been payable under the bond if such interest is subject to an applicable credit rate under Section 54A of the Internal Revenue Code.

• Specifies that issuers of clean energy bonds and qualified energy conservation bonds may elect to apply for a tax credit, and that the credit shall be 70 percent of the amount of interest payable under the bond (Sec. 301).

• Requires 10 percent of funds made available for projects funded under Titles I, III and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) and any conforming provisions in this act shall go to businesses owned and controlled by "socially and economically disadvantaged individuals" (Sec. 451).

• Requires states to compile a list of businesses owned and controlled by "socially and economically disadvantaged individuals" (Sec. 451).

• Specifies that a "socially and economically disadvantaged" individual includes, but is not limited to, Native Americans, Native Hawaiians, and women (Sec. 451).

• Specifies corporate estimated tax for corporations with $1 billion or more in assets shall be calculated as follows (Sec. 561):
• Any required installment that is otherwise due in July, August, or September of 2009 shall be 123.25 percent of such amount;
• Any required installment that is otherwise due in July, August, or September of 2015 shall be 121.5 percent of such amount;
• Any required installment that is otherwise due in July, August, or September of 2019 shall be 106.5 percent of such amount; and
• Any future installments shall be reduced appropriately.

• Specifies that PAYGO compliance for this act is required (Sec. 562).

• Authorizes appropriations specified in the classified Schedule of Authorizations, a document made available to the House and Senate Appropriations Committees and the President, to the following agencies (Sec. 101, 102):
• The Office of the Director of National Intelligence;
• The Central Intelligence Agency;
• The Department of Defense;
• The Defense Intelligence Agency;
• The National Security Agency;
• The Department of the Army, the Department of the Navy, and the Department of the Air Force;
• The Coast Guard;
• The Department of State;
• The Department of the Treasury;
• The Department of Energy;
• The Department of Justice;
• The Federal Bureau of Investigation;
• The Drug Enforcement Administration;
• The National Reconnaissance Office;
• The National Geospatial-Intelligence Agency; and
• The Department of Homeland Security.

• Appropriates $672.81 million for the Intelligence Community Management Account (Sec. 104).

• Prohibits the authorization of any "Congressional earmarks", defined as a specific amount of discretionary spending for a contract, loan, loan guarantee, grant, loan authority, or other expenditure targeted to a specific state, locality, or Congressional district (Sec. 105).

• Appropriates $290.9 million to the Central Intelligence Agency Retirement and Disability Fund (Sec. 201).

• Authorizes an increase in appropriations for salary, pay, retirement, and other benefits as necessary (Sec. 301).

• Authorizes the Director of National Intelligence to carry out a grant program designed to increase ethnic and cultural diversity within the intelligence community (Sec. 312).

• Authorizes $2 million in appropriations to establish a five-year pilot program for intensive African language instruction (Sec. 314).

• Requires the President to provide all information necessary for the Congressional intelligence committees to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity, not limited to the following (Sec. 321):
• The legality of the intelligence activity, including any legal issues upon which guidance was sought in the activity's planning and implementation, as well as any dissenting legal views;
• Specific operational concerns, including the risk of disclosing intelligence sources or methods;
• The likelihood that the intelligence activity will exceed authorized expenditures; and
• The likelihood that the intelligence activity will fail.

• Establishes the Office of Inspector General of the Intelligence Community, a position appointed by the President and confirmed by the Senate, whose purpose is as follows (Sec. 406):
• To be an independent and objective office, accountable to Congress;
• To conduct investigations, inspections, and audits on matters controlled by the Director of National Intelligence;
• Recommend administrative policies and detect fraud on matters controlled by the Director of National Intelligence;
• To keep the Director of National Intelligence and Congressional intelligence committees informed on the Office's problems, deficiencies, and the need for corrective actions; and
• To serve as the Chair to the Intelligence Community Inspectors General Forum.

• Prohibits the use of private contractors to interrogate suspects detained by the Central Intelligence Agency, unless there is no one within the CIA capable or available to conduct the interrogation, and requires all interrogations to be video recorded (Sec. 412, 416).

• Repeals the authority of the National Counterintelligence Executive to enter into any contract, lease, cooperative agreement, or any other transaction the Executive considers appropriate to carry out the functions of that office (Sec. 423).

• Specifies that no appropriations shall be used to provide suspected terrorists and detainees who are not United States citizens with Miranda rights (Sec. 504).

• Reinstates the Pay-As-You-Go (PAYGO) budget rule, a rule that applies to bills or joint resolutions that affect direct spending or revenue relative to the baseline and that requires such bills to be budget-neutral (Sec. 2).

• Requires PAYGO legislation to include an estimate of its budgetary effects, as provided by the Congressional Budget Office, at one of the following times (Sec. 4):
• Prior to a vote on passage in a chamber;
• Prior to the first action by a chamber on a conference report or an amendment between the chambers; or
• Upon enactment of the legislation.

• Requires the Office of Management and Budget to maintain and make public on every piece of PAYGO legislation two sets of scorecards, which shall measure the budgetary effects of such legislation over 5 years and over 10 years (Sec. 4).

• Requires the Office of Management and Budget at the end of every Congressional session to publish and make public a PAYGO report, which shall include the following (Sec. 5):
• Current PAYGO scorecards on all PAYGO legislation;
• Any current policy adjustments;
• Information about any emergency legislation;
• Sequestration orders that show how direct spending will be adjusted to offset any costs shown on PAYGO scorecards; and
• Other data that would "enhance public understanding" of the above items.

• Requires the Office of Management and Budget to calculate the uniform percentage of funds that are to be seized in order to balance spending, and specifies that any uniform percentage exceeding 4 percent shall result in Medicare spending reductions of 4 percent, as well as spending reductions in other nonexempt direct spending programs (Sec. 6).

• Lists several federal programs and activities that would be exempt from payment reductions, including, but not limited to, Social Security Benefits and Tier I Railroad Retirement Benefits, Veterans Programs, and Refundable Income Tax Credits (Sec. 11).

The text of this resolution was replaced by a substitute amendment sponsored by Sen. Harry Reid.

This vote follows an agreement pursuant to the passage of House Resolution 1065, which requires the House of Representatives to vote on a motion to concur with the Senate amendments to HJR 45 relating to PAYGO and various government programs as a divided question, separate from the provision raising the debt limit. The provision raising the debt limit was concurred with pursuant to the passage of House Resolution 1065.