3:09 PM EST

Edward J. Markey, D-MA 7th

Mr. MARKEY of Massachusetts. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, the American Medical Isotopes Production Act will safeguard Americans' health care and our national security. By helping to establish production of critical medical isotopes here at home, the American Medical Isotopes Production Act will end our dependence on aging nuclear reactors outside of our borders. And by responsibly ending the export of weapons-usable, highly enriched uranium for medical isotope production, this bill will give a much-needed boost to U.S. efforts to permanently

convert all reactors away from the unnecessary and dangerous use of bomb-quality material.

The bipartisan bill authorizes $163 million for the Department of Energy to evaluate and support projects in the private sector or at universities to develop domestic sources of the most critical medical isotopes. This is necessary because we currently face a daunting supply shortage caused by technical problems at the aging foreign reactors upon which we are presently reliant. With a robust and reliable domestic production capacity, the 50,000 daily procedures which normally occur in this country,

including for cancer scans and bone and brain imaging, will be secure.

The nuclear nonproliferation benefits of this bill are significant and they are timely. Shockingly, the United States still allows for nuclear weapons-grade highly enriched uranium to be exported to other countries for medical isotope production. This 1950s-era policy simply does not work in a post-9/11 world. It is dangerous, unnecessary, and it must come to an end. We simply cannot afford to have additional nuclear weapons materials in circulation when we know that terrorists would like nothing

more than to steal or buy such dangerous materials.

Fortunately, according to the National Academy of Sciences, there are no technical or economic reasons why medical isotopes cannot be produced with low enriched uranium.

Currently, nuclear medicine is practiced mostly in the most developed countries, like the United States. But that is changing. And as more countries practice more nuclear medicine, more medical isotopes will need to be produced. In preparation for this, it is absolutely essential that we stop using highly enriched uranium for this purpose.

Previously, the United States spread these dangerous technologies around the world, including to some surprising places. For instance, the United States built a reactor in Iran which we fueled with weapons-grade uranium. Today, the Iranians want to use this reactor to produce medical isotopes, and negotiations are ongoing on this point. Fortunately for the world, the Iranian reactor was converted to low enriched uranium by Argentina in the 1980s. Converting reactors away from the use of highly

enriched uranium, both at home and abroad, is very much in our national security interest. And that is exactly what this bill will do.

By sending a clear signal that the United States will no longer export this dangerous material, H.R. 3276 will accelerate U.S. efforts to convert reactors around the world from highly enriched to low enriched uranium. In fact, this has already begun, as the Department of Energy testified in September that all the medical isotope production reactors around the world which still use highly enriched uranium have approached the Department of Energy to ask for assistance in converting to low enriched

uranium in the past few years.

This bill has the support of a wide variety of stakeholders, including the unanimous support of industry and the nuclear medical community, and nuclear nonproliferation advocates.

This is also a bipartisan bill, and I would like very much to thank my friend Fred Upton from Michigan for working in such a bipartisan fashion. This is the way it should be done, and we thank him and we thank the other members of the minority and the majority for working towards this conclusion. You could not have a more excellent partner. Mr. Waxman and I and the other members of the committee want to note the incredible cooperation that did exist.

This bill will help to ensure that America has a reliable domestic source of the radio isotopes needed for life- [Page: H12404]

saving medical procedures, it will close a dangerous loophole in our Nation's nonproliferation policy by phasing out exports of highly enriched uranium, and it does so without increasing the Federal deficit, according to the Congressional Budget Office.

I urge a ``yes'' vote on this important bill.

I reserve the balance of my time.

[Time: 15:15]

3:15 PM EST

Fred Upton, R-MI 6th

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, let me just start off by congratulating the gentleman from New York. I feel we will have a resolution honoring the Yankees. I would just note as a Tigers, Cubs and White Sox fan and coming from Michigan, Derek Jeter does hail from Kalamazoo, Michigan. And to his credit, he has not forgotten his roots. He is a great individual, and we appreciate his prowess on the field. I congratulate him and the Yankees as well.

Mr. Speaker, I too want to commend my colleague, Ed Markey, and the Democratic and Republican Members on this committee for moving swiftly on an issue that is of critical importance. Problems abroad have exposed troublesome flaws here at home in nuclear medicine. Every year, 16 million medical procedures in the United States rely on the import of nuclear isotope molybdenum-99. That is 50,000 procedures every single day, and yet we import 100 percent of our supply of this isotope.

The Canadian reactor that has for decades supplied over 60 percent of molybdenum-99 is now off-line, and the nuclear reactor may never ever return to operation. Among their many medical uses, these isotopes are critical in the procedures for the detection and staging of cancer as well as heart disease. Without a proper supply of this critical isotope, tens of thousands of patients seeking diagnosis or treatment will be in jeopardy literally every single day.

So what this bill does, it will help insure a reliable supply of the most critical isotopes that are produced here in the U.S. Today, with the passage of this bill, we are a step closer to ensuring the tens of thousands of Americans who seek diagnosis and treatment every day promptly receive the care that they need. Literally, the clock is ticking, and the well-being of countless folks continues to hang in the balance.

I would note that there is a good laundry list of organizations that support this legislation, among them: American Association of Physicists in Medicine; American College of Radiology; American College of Cardiology; as well as the American Society of Nuclear Cardiology.

We don't want to deny Americans this long-practiced medical procedure which we know produces early diagnosis of a good number of diseases, and we can save countless American lives.

I would urge my colleagues on both sides to support this. Again, I congratulate the speed with which our committee held hearings, moved this through both the subcommittee and full committee. Both Mr. Waxman and Barton are to be complimented, and particularly my friend, Ed Markey, who recognized this very early, and we worked together to get it to the House floor.

I reserve the balance of my time.

3:18 PM EST

Charles B. Rangel, D-NY 15th

Mr. RANGEL. Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 3548) to amend the Supplemental Appropriations Act, 2008 to provide for the temporary availability of certain additional emergency unemployment compensation, and for other purposes.

The Clerk read the title of the bill.

The text of the Senate amendment is as follows:

Senate amendment:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Worker, Homeownership, and Business Assistance Act of 2009''.

SEC. 2. REVISIONS TO SECOND-TIER BENEFITS.

(a) In General.--Section 4002(c) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--

(1) in paragraph (1)--

(A) in the matter preceding subparagraph (A), by striking ``If'' and all that follows through ``paragraph (2))'' and inserting ``At the time that the amount established in an individual's account under subsection (b)(1) is exhausted'';

(B) in subparagraph (A), by striking ``50 percent'' and inserting ``54 percent''; and

(C) in subparagraph (B), by striking ``13'' and inserting ``14'';

(2) by striking paragraph (2); and

(3) by redesignating paragraph (3) as paragraph (2).

(b) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

SEC. 3. THIRD-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

(a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the following new subsection:

``(d) Third-tier Emergency Unemployment Compensation.--

``(1) IN GENERAL.--If, at the time that the amount added to an individual's account under subsection (c)(1) (hereinafter `second-tier emergency unemployment compensation') is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (hereinafter `third-tier emergency unemployment compensation') equal to the lesser of--

``(A) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or

``(B) 13 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year.

``(2) EXTENDED BENEFIT PERIOD.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if--

``(A) such a period would then be in effect for such State under such Act if section 203(d) of such Act--

``(i) were applied by substituting `4' for `5' each place it appears; and

``(ii) did not include the requirement under paragraph (1)(A) thereof; or

``(B) such a period would then be in effect for such State under such Act if--

``(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and

``(ii) such section 203(f)--

``(I) were applied by substituting `6.0' for `6.5' in paragraph (1)(A)(i) thereof; and

``(II) did not include the requirement under paragraph (1)(A)(ii) thereof.

``(3) LIMITATION.--The account of an individual may be augmented not more than once under this subsection.''.

(b) Conforming Amendment to Non-augmentation Rule.--Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--

(1) by striking ``then section 4002(c)'' and inserting ``then subsections (c) and (d) of section 4002''; and

(2) by striking ``paragraph (2) of such section)'' and inserting ``paragraph (2) of such subsection (c) or (d) (as the case may be))''.

(c) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

SEC. 4. FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

(a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 3(a), is amended by adding at the end the following new subsection:

``(e) Fourth-tier Emergency Unemployment Compensation.--

``(1) IN GENERAL.--If, at the time that the amount added to an individual's account under subsection (d)(1) (third-tier emergency unemployment compensation) is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (hereinafter `fourth-tier emergency unemployment compensation') equal to the lesser of--

``(A) 24 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or

``(B) 6 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year.

``(2) EXTENDED BENEFIT PERIOD.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if--

``(A) such a period would then be in effect for such State under such Act if section 203(d) of such Act--

``(i) were applied by substituting `6' for `5' each place it appears; and

``(ii) did not include the requirement under paragraph (1)(A) thereof; or

``(B) such a period would then be in effect for such State under such Act if--

``(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and

``(ii) such section 203(f)--

``(I) were applied by substituting `8.5' for `6.5' in paragraph (1)(A)(i) thereof; and

``(II) did not include the requirement under paragraph (1)(A)(ii) thereof.

``(3) LIMITATION.--The account of an individual may be augmented not more than once under this subsection.''.

(b) Conforming Amendment to Non-augmentation Rule.--Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 3(b), is amended--

(1) by striking ``and (d)'' and inserting ``, (d), and (e) of section 4002''; and

(2) by striking ``or (d)'' and inserting ``, (d), or (e) (as the case may be))''.

(c) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

SEC. 5. COORDINATION.

Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4, is amended by adding at the end the following new subsection:

``(f) Coordination Rules.--

``(1) COORDINATION WITH EXTENDED COMPENSATION.--Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any emergency unemployment compensation under subsection (c), (d), or (e) (by reason of the amendments made by sections 2, 3, and 4 of the Worker, Homeownership, and Business Assistance Act of 2009),

if such individual claimed extended compensation [Page: H12382]

for at least 1 week of unemployment after the exhaustion of emergency unemployment compensation under subsection (b) (as such subsection was in effect on the day before the date of the enactment of this subsection).

``(2) COORDINATION WITH TIERS II, III, AND IV.--If a State determines that implementation of the increased entitlement to second-tier emergency unemployment compensation by reason of the amendments made by section 2 of the Worker, Homeownership, and Business Assistance Act of 2009 would unduly delay the prompt payment of emergency unemployment compensation under this title by reason of the amendments made by such Act, such State may elect to pay third-tier emergency unemployment compensation

prior to the payment of such increased second-tier emergency unemployment compensation until such time as such State determines that such increased second-tier emergency unemployment compensation may be paid without such undue delay. If a State makes the election under the preceding sentence, then, for purposes of determining whether an account may be augmented for

fourth-tier emergency unemployment compensation under subsection (e), such State shall treat the date of exhaustion of such increased second-tier emergency unemployment compensation as the date of exhaustion of third-tier emergency unemployment compensation, if such date is later than the date of exhaustion of the third-tier emergency unemployment compensation.''.

SEC. 6. TRANSFER OF FUNDS.

Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``Act;'' and inserting ``Act and sections 2, 3, and 4 of the Worker, Homeownership, and Business Assistance Act of 2009;''.

SEC. 7. EXPANSION OF MODERNIZATION GRANTS FOR UNEMPLOYMENT RESULTING FROM COMPELLING FAMILY REASON.

(a) In General.--Clause (i) of section 903(f)(3)(B) of the Social Security Act (42 U.S.C. 1103(f)(3)(B)) is amended to read as follows:

``(i) One or both of the following offenses as selected by the State, but in making such selection, the resulting change in the State law shall not supercede any other provision of law relating to unemployment insurance to the extent that such other provision provides broader access to unemployment benefits for victims of such selected offense or offenses:

``(I) Domestic violence, verified by such reasonable and confidential documentation as the State law may require, which causes the individual reasonably to believe that such individual's continued employment would jeopardize the safety of the individual or of any member of the individual's immediate family (as defined by the Secretary of Labor); and

``(II) Sexual assault, verified by such reasonable and confidential documentation as the State law may require, which causes the individual reasonably to believe that such individual's continued employment would jeopardize the safety of the individual or of any member of the individual's immediate family (as defined by the Secretary of Labor).''.

(b) Effective Date.--The amendment made by this section shall apply with respect to State applications submitted on and after January 1, 2010.

SEC. 8. TREATMENT OF ADDITIONAL REGULAR COMPENSATION.

The monthly equivalent of any additional compensation paid by reason of section 2002 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438) shall be disregarded after the date of the enactment of this Act in considering the amount of income and assets of an individual for purposes of determining such individual's eligibility for, or amount of, benefits under the Supplemental Nutrition Assistance Program (SNAP).

SEC. 9. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.

(a) Benefits.--Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), is amended--

(1) in clause (iii)--

(A) by striking ``June 30, 2009'' and inserting ``June 30, 2010''; and

(B) by striking ``December 31, 2009'' and inserting ``December 31, 2010''; and

(2) by adding at the end of clause (iv) the following: ``In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.''.

(b) Administrative Expenses.--Section 2006 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 445) is amended by adding at the end of subsection (b) the following: ``In addition to funds appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $807,000 to cover the administrative expenses associated with the payment of additional extended

unemployment benefits under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, to remain available until expended.''.

SEC. 10. 0.2 PERCENT FUTA SURTAX.

(a) In General.--Section 3301 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended--

(1) by striking ``through 2009'' in paragraph (1) and inserting ``through 2010 and the first 6 months of calendar year 2011'',

(2) by striking ``calendar year 2010'' in paragraph (2) and inserting ``the remainder of calendar year 2011'', and

(3) by inserting ``(or portion of the calendar year)'' after ``during the calendar year''.

(b) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2009.

SEC. 11. EXTENSION AND MODIFICATION OF FIRST-TIME HOMEBUYER TAX CREDIT.

(a) Extension of Application Period.--

(1) IN GENERAL.--Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended--

(A) by striking ``December 1, 2009'' and inserting ``May 1, 2010'',

(B) by striking ``Section.--This section'' and inserting ``Section.--

``(1) IN GENERAL.--This section'', and

(C) by adding at the end the following new paragraph:

``(2) EXCEPTION IN CASE OF BINDING CONTRACT.--In the case of any taxpayer who enters into a written binding contract before May 1, 2010, to close on the purchase of a principal residence before July 1, 2010, paragraph (1) shall be applied by substituting `July 1, 2010' for `May 1, 2010'.''.

(2) WAIVER OF RECAPTURE.--

(A) IN GENERAL.--Subparagraph (D) of section 36(f)(4) of such Code is amended by striking ``, and before December 1, 2009''.

(B) CONFORMING AMENDMENT.--The heading of such subparagraph (D) is amended by inserting ``AND 2010'' after ``2009''.

(3) ELECTION TO TREAT PURCHASE IN PRIOR YEAR.--Subsection (g) of section 36 of such Code is amended to read as follows:

``(g) Election To Treat Purchase in Prior Year.--In the case of a purchase of a principal residence after December 31, 2008, a taxpayer may elect to treat such purchase as made on December 31 of the calendar year preceding such purchase for purposes of this section (other than subsections (c), (f)(4)(D), and (h)).''.

(b) Special Rule for Long-time Residents of Same Principal Residence.--Subsection (c) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

``(6) EXCEPTION FOR LONG-TIME RESIDENTS OF SAME PRINCIPAL RESIDENCE.--In the case of an individual (and, if married, such individual's spouse) who has owned and used the same residence as such individual's principal residence for any 5-consecutive-year period during the 8-year period ending on the date of the purchase of a subsequent principal residence, such individual shall be treated as a first-time homebuyer for purposes of this section with respect to the purchase of such subsequent

residence.''.

(c) Modification of Dollar and Income Limitations.--

(1) DOLLAR LIMITATION.--Subsection (b)(1) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

``(D) SPECIAL RULE FOR LONG-TIME RESIDENTS OF SAME PRINCIPAL RESIDENCE.--In the case of a taxpayer to whom a credit under subsection (a) is allowed by reason of subsection (c)(6), subparagraphs (A), (B), and (C) shall be applied by substituting `$6,500' for `$8,000' and `$3,250' for `$4,000'.''.

(2) INCOME LIMITATION.--Subsection (b)(2)(A)(i)(II) of section 36 of such Code is amended by striking ``$75,000 ($150,000'' and inserting ``$125,000 ($225,000''.

(d) Limitation on Purchase Price of Residence.--Subsection (b) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

``(3) LIMITATION BASED ON PURCHASE PRICE.--No credit shall be allowed under subsection (a) for the purchase of any residence if the purchase price of such residence exceeds $800,000.''.

(e) Waiver of Recapture of First-time Homebuyer Credit for Individuals on Qualified Official Extended Duty.--Paragraph (4) of section 36(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

``(E) SPECIAL RULE FOR MEMBERS OF THE ARMED FORCES, ETC.--

``(i) IN GENERAL.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (2)) after December 31, 2008, in connection with Government orders received by such individual, or such individual's spouse, for qualified official extended duty service--

``(I) paragraph (2) and subsection (d)(2) shall not apply to such disposition (or cessation), and

``(II) if such residence was acquired before January 1, 2009, paragraph (1) shall not apply to the taxable year in which such disposition (or cessation) occurs or any subsequent taxable year.

``(ii) QUALIFIED OFFICIAL EXTENDED DUTY SERVICE.--For purposes of this section, the term `qualified official extended duty service' means service on qualified official extended duty as--

``(I) a member of the uniformed services,

``(II) a member of the Foreign Service of the United States, or

``(III) an employee of the intelligence community.

``(iii) DEFINITIONS.--Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph.''.

(f) Extension of First-time Homebuyer Credit for Individuals on Qualified Official Extended Duty Outside the United States.--

(1) IN GENERAL.--Subsection (h) of section 36 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following:

``(3) SPECIAL RULE FOR INDIVIDUALS ON QUALIFIED OFFICIAL EXTENDED DUTY OUTSIDE THE UNITED STATES.--In the case of any individual who serves on qualified official extended duty [Page: H12383]

service (as defined in section 121(d)(9)(C)(i)) outside the United States for at least 90 days during the period beginning after December 31, 2008, and ending before May 1, 2010, and, if married, such individual's spouse--

``(A) paragraphs (1) and (2) shall each be applied by substituting `May 1, 2011' for `May 1, 2010', and

``(B) paragraph (2) shall be applied by substituting `July 1, 2011' for `July 1, 2010'.''.

(g) Dependents Ineligible for Credit.--Subsection (d) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, or'', and by adding at the end the following new paragraph:

``(3) a deduction under section 151 with respect to such taxpayer is allowable to another taxpayer for such taxable year.''.

(h) IRS Mathematical Error Authority.--Paragraph (2) of section 6213(g) of the Internal Revenue Code of 1986 is amended--

(1) by striking ``and'' at the end of subparagraph (M),

(2) by striking the period at the end of subparagraph (N) and inserting ``, and'', and

(3) by inserting after subparagraph (N) the following new subparagraph:

``(O) an omission of any increase required under section 36(f) with respect to the recapture of a credit allowed under section 36.''.

(i) Coordination With First-time Homebuyer Credit for District of Columbia.--Paragraph (4) of section 1400C(e) of the Internal Revenue Code of 1986 is amended by striking ``and before December 1, 2009,''.

(j) Effective Dates.--

(1) IN GENERAL.--The amendments made by subsections (b), (c), (d), and (g) shall apply to residences purchased after the date of the enactment of this Act.

(2) EXTENSIONS.--The amendments made by subsections (a), (f), and (i) shall apply to residences purchased after November 30, 2009.

(3) WAIVER OF RECAPTURE.--The amendment made by subsection (e) shall apply to dispositions and cessations after December 31, 2008.

(4) MATHEMATICAL ERROR AUTHORITY.--The amendments made by subsection (h) shall apply to returns for taxable years ending on or after April 9, 2008.

SEC. 12. PROVISIONS TO ENHANCE THE ADMINISTRATION OF THE FIRST-TIME HOMEBUYER TAX CREDIT.

(a) Age Limitation.--

(1) IN GENERAL.--Subsection (b) of section 36 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph:

``(4) AGE LIMITATION.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence unless the taxpayer has attained age 18 as of the date of such purchase. In the case of any taxpayer who is married (within the meaning of section 7703), the taxpayer shall be treated as meeting the age requirement of the preceding sentence if the taxpayer or the taxpayer's spouse meets such age requirement.''.

(2) CONFORMING AMENDMENT.--Subsection (g) of section 36 of such Code, as amended by this Act, is amended by inserting ``(b)(4),'' before ``(c)''.

(b) Documentation Requirement.--Subsection (d) of section 36 of the Internal Revenue Code of 1986, as amended by this Act, is amended by striking ``or'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, or'', and by adding at the end the following new paragraph:

``(4) the taxpayer fails to attach to the return of tax for such taxable year a properly executed copy of the settlement statement used to complete such purchase.''.

(c) Restriction on Married Individual Acquiring Residence From Family of Spouse.--Clause (i) of section 36(c)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(or, if married, such individual's spouse)'' after ``person acquiring such property''.

(d) Certain Errors With Respect to the First-time Homebuyer Tax Credit Treated as Mathematical or Clerical Errors.--Paragraph (2) of section 6213(g) the Internal Revenue Code of 1986, as amended by this Act, is amended by striking ``and'' at the end of subparagraph (N), by striking the period at the end of subparagraph (O) and inserting ``, and'', and by inserting after subparagraph (O) the following new subparagraph:

``(P) an entry on a return claiming the credit under section 36 if--

``(i) the Secretary obtains information from the person issuing the TIN of the taxpayer that indicates that the taxpayer does not meet the age requirement of section 36(b)(4),

``(ii) information provided to the Secretary by the taxpayer on an income tax return for at least one of the 2 preceding taxable years is inconsistent with eligibility for such credit, or

``(iii) the taxpayer fails to attach to the return the form described in section 36(d)(4).''.

(e) Effective Date.--

(1) IN GENERAL.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to purchases after the date of the enactment of this Act.

(2) DOCUMENTATION REQUIREMENT.--The amendments made by subsection (b) shall apply to returns for taxable years ending after the date of the enactment of this Act.

(3) TREATMENT AS MATHEMATICAL AND CLERICAL ERRORS.--The amendments made by subsection (d) shall apply to returns for taxable years ending on or after April 9, 2008.

SEC. 13. 5-YEAR CARRYBACK OF OPERATING LOSSES.

(a) In General.--Subparagraph (H) of section 172(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows:

``(H) CARRYBACK FOR 2008 OR 2009 NET OPERATING LOSSES.--

``(i) IN GENERAL.--In the case of an applicable net operating loss with respect to which the taxpayer has elected the application of this subparagraph--

``(I) subparagraph (A)(i) shall be applied by substituting any whole number elected by the taxpayer which is more than 2 and less than 6 for `2',

``(II) subparagraph (E)(ii) shall be applied by substituting the whole number which is one less than the whole number substituted under subclause (I) for `2', and

``(III) subparagraph (F) shall not apply.

``(ii) APPLICABLE NET OPERATING LOSS.--For purposes of this subparagraph, the term `applicable net operating loss' means the taxpayer's net operating loss for a taxable year ending after December 31, 2007, and beginning before January 1, 2010.

``(iii) ELECTION.--

``(I) IN GENERAL.--Any election under this subparagraph may be made only with respect to 1 taxable year.

``(II) PROCEDURE.--Any election under this subparagraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the return for the taxpayer's last taxable year beginning in 2009. Any such election, once made, shall be irrevocable.

``(iv) LIMITATION ON AMOUNT OF LOSS CARRYBACK TO 5TH PRECEDING TAXABLE YEAR.--

``(I) IN GENERAL.--The amount of any net operating loss which may be carried back to the 5th taxable year preceding the taxable year of such loss under clause (i) shall not exceed 50 percent of the taxpayer's taxable income (computed without regard to the net operating loss for the loss year or any taxable year thereafter) for such preceding taxable year.

``(II) CARRYBACKS AND CARRYOVERS TO OTHER TAXABLE YEARS.--Appropriate adjustments in the application of the second sentence of paragraph (2) shall be made to take into account the limitation of subclause (I).

``(III) EXCEPTION FOR 2008 ELECTIONS BY SMALL BUSINESSES.--Subclause (I) shall not apply to any loss of an eligible small business with respect to any election made under this subparagraph as in effect on the day before the date of the enactment of the Worker, Homeownership, and Business Assistance Act of 2009.

``(v) SPECIAL RULES FOR SMALL BUSINESS.--

``(I) IN GENERAL.--In the case of an eligible small business which made or makes an election under this subparagraph as in effect on the day before the date of the enactment of the Worker, Homeownership, and Business Assistance Act of 2009, clause (iii)(I) shall be applied by substituting `2 taxable years' for `1 taxable year'.

``(II) ELIGIBLE SMALL BUSINESS.--For purposes of this subparagraph, the term `eligible small business' has the meaning given such term by subparagraph (F)(iii), except that in applying such subparagraph, section 448(c) shall be applied by substituting `$15,000,000' for `$5,000,000' each place it appears.''.

(b) Alternative Tax Net Operating Loss Deduction.--Subclause (I) of section 56(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended to read as follows:

``(I) the amount of such deduction attributable to an applicable net operating loss with respect to which an election is made under section 172(b)(1)(H), or''.

(c) Loss From Operations of Life Insurance Companies.--Subsection (b) of section 810 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

``(4) CARRYBACK FOR 2008 OR 2009 LOSSES.--

``(A) IN GENERAL.--In the case of an applicable loss from operations with respect to which the taxpayer has elected the application of this paragraph, paragraph (1)(A) shall be applied by substituting any whole number elected by the taxpayer which is more than 3 and less than 6 for `3'.

``(B) APPLICABLE LOSS FROM OPERATIONS.--For purposes of this paragraph, the term `applicable loss from operations' means the taxpayer's loss from operations for a taxable year ending after December 31, 2007, and beginning before January 1, 2010.

``(C) ELECTION.--

``(i) IN GENERAL.--Any election under this paragraph may be made only with respect to 1 taxable year.

``(ii) PROCEDURE.--Any election under this paragraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the return for the taxpayer's last taxable year beginning in 2009. Any such election, once made, shall be irrevocable.

``(D) LIMITATION ON AMOUNT OF LOSS CARRYBACK TO 5TH PRECEDING TAXABLE YEAR.--

``(i) IN GENERAL.--The amount of any loss from operations which may be carried back to the 5th taxable year preceding the taxable year of such loss under subparagraph (A) shall not exceed 50 percent of the taxpayer's taxable income (computed without regard to the loss from operations for the loss year or any taxable year thereafter) for such preceding taxable year.

``(ii) CARRYBACKS AND CARRYOVERS TO OTHER TAXABLE YEARS.--Appropriate adjustments in the application of the second sentence of paragraph (2) shall be made to take into account the limitation of clause (i).''.

(d) Anti-abuse Rules.--The Secretary of the Treasury or the Secretary's designee shall prescribe such rules as are necessary to prevent the abuse of the purposes of the amendments made by this section, including anti-stuffing rules, anti-churning rules (including rules relating to sale-leasebacks), and rules similar to the rules under section 1091 of the Internal Revenue Code of 1986 relating to losses from wash sales.

(e) Effective Dates.--

(1) IN GENERAL.--Except as otherwise provided in this subsection, the amendments made by this [Page: H12384]

section shall apply to net operating losses arising in taxable years ending after December 31, 2007.

(2) ALTERNATIVE TAX NET OPERATING LOSS DEDUCTION.--The amendment made by subsection (b) shall apply to taxable years ending after December 31, 2002.

(3) LOSS FROM OPERATIONS OF LIFE INSURANCE COMPANIES.--The amendment made by subsection (d) shall apply to losses from operations arising in taxable years ending after December 31, 2007.

(4) TRANSITIONAL RULE.--In the case of any net operating loss (or, in the case of a life insurance company, any loss from operations) for a taxable year ending before the date of the enactment of this Act--

(A) any election made under section 172(b)(3) or 810(b)(3) of the Internal Revenue Code of 1986 with respect to such loss may (notwithstanding such section) be revoked before the due date (including extension of time) for filing the return for the taxpayer's last taxable year beginning in 2009, and

(B) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before such due date.

(f) Exception for TARP Recipients.--The amendments made by this section shall not apply to--

(1) any taxpayer if--

(A) the Federal Government acquired before the date of the enactment of this Act an equity interest in the taxpayer pursuant to the Emergency Economic Stabilization Act of 2008,

(B) the Federal Government acquired before such date of enactment any warrant (or other right) to acquire any equity interest with respect to the taxpayer pursuant to the Emergency Economic Stabilization Act of 2008, or

(C) such taxpayer receives after such date of enactment funds from the Federal Government in exchange for an interest described in subparagraph (A) or (B) pursuant to a program established under title I of division A of the Emergency Economic Stabilization Act of 2008 (unless such taxpayer is a financial institution (as defined in section 3 of such Act) and the funds are received pursuant to a program established by the Secretary of the Treasury for the stated purpose of increasing the availability

of credit to small businesses using funding made available under such Act), or

(2) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and

(3) any taxpayer which at any time in 2008 or 2009 was or is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to subsection (b) thereof) as a taxpayer described in paragraph (1) or (2).

SEC. 14. EXCLUSION FROM GROSS INCOME OF QUALIFIED MILITARY BASE REALIGNMENT AND CLOSURE FRINGE.

(a) In General.--Subsection (n) of section 132 of the Internal Revenue Code of 1986 is amended--

(1) in subparagraph (1) by striking ``this subsection) to offset the adverse effects on housing values as a result of a military base realignment or closure'' and inserting ``the American Recovery and Reinvestment Tax Act of 2009)'', and

(2) in subparagraph (2) by striking ``clause (1) of''.

(b) Effective Date.--The amendments made by this act shall apply to payments made after February 17, 2009.

SEC. 15. DELAY IN APPLICATION OF WORLDWIDE ALLOCATION OF INTEREST.

(a) In General.--Paragraphs (5)(D) and (6) of section 864(f) of the Internal Revenue Code of 1986 are each amended by striking ``December 31, 2010'' and inserting ``December 31, 2017''.

(b) Conforming Amendment.--Section 864(f) of the Internal Revenue Code of 1986 is amended by striking paragraph (7).

(c) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

SEC. 16. INCREASE IN PENALTY FOR FAILURE TO FILE A PARTNERSHIP OR S CORPORATION RETURN.

(a) In General.--Sections 6698(b)(1) and 6699(b)(1) of the Internal Revenue Code of 1986 are each amended by striking ``$89'' and inserting ``$195''.

(b) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2009.

SEC. 17. CERTAIN TAX RETURN PREPARERS REQUIRED TO FILE RETURNS ELECTRONICALLY.

(a) In General.--Subsection (e) of section 6011 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

``(3) SPECIAL RULE FOR TAX RETURN PREPARERS.--

``(A) IN GENERAL.--The Secretary shall require than any individual income tax return prepared by a tax return preparer be filed on magnetic media if--

``(i) such return is filed by such tax return preparer, and

``(ii) such tax return preparer is a specified tax return preparer for the calendar year during which such return is filed.

``(B) SPECIFIED TAX RETURN PREPARER.--For purposes of this paragraph, the term `specified tax return preparer' means, with respect to any calendar year, any tax return preparer unless such preparer reasonably expects to file 10 or fewer individual income tax returns during such calendar year.

``(C) INDIVIDUAL INCOME TAX RETURN.--For purposes of this paragraph, the term `individual income tax return' means any return of the tax imposed by subtitle A on individuals, estates, or trusts.''.

(b) Conforming Amendment.--Paragraph (1) of section 6011(e) of the Internal Revenue Code of 1986 is amended by striking ``The Secretary may not'' and inserting ``Except as provided in paragraph (3), the Secretary may not''.

(c) Effective Date.--The amendments made by this section shall apply to returns filed after December 31, 2010.

SEC. 18. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

The percentage under paragraph (1) of section 202(b) of the Corporate Estimated Tax Shift Act of 2009 in effect on the date of the enactment of this Act is increased by 33.0 percentage points.

3:18 PM EST

Jay Inslee, D-WA 1st

Mr. INSLEE. Mr. Speaker, I want to thank the chairman and Mr. Upton for their leadership on this bill. I want to thank Mr. Markey for working with me to include language in the bill that recognizes the 17 research reactors in this country that have converted from highly enriched uranium to low enriched uranium fuel. One of these reactors is in my home State at Washington State University. This reactor can be used for medical isotope production with the use of highly enriched

uranium.

I would like to clarify with Mr. Markey that the purpose of section 3(a)(3) which allows reactors that are in the process of converting from highly enriched uranium to low enriched uranium fuel to qualify for funds under this bill. It is my understanding that this provision should not be interpreted as giving any preferences to these reactors and that all applicants for these funds will be given full and equal consideration.

I yield to Mr. Markey.

3:19 PM EST

Edward J. Markey, D-MA 7th

Mr. MARKEY of Massachusetts. The gentleman is correct. Neither this provision nor the bill as a whole give any preference whatsoever to any technology type. The purpose of this provision is to give the Department of Energy the greatest number of options for dealing with the medical isotope crisis while also maintaining the incentive for reactors to convert to low enriched uranium fuel.

The bill includes several conditions on reactors using the exemption to ensure that their conversion to low enriched uranium fuel is successful. I fully expect the Department of Energy to give full consideration to every application for these funds, and to do so in an equitable and technology-neutral manner.

3:20 PM EST

Jay Inslee, D-WA 1st

Mr. INSLEE. I would like to thank the Chair for that clarification and for working with me on one of those conditions which would make sure that we have updated status report for reactors using this exemption.

PARLIAMENTARY INQUIRY

3:20 PM EST

Jay Inslee, D-WA 1st

Mr. INSLEE. Mr. Speaker, do the rules of the House prevent Members, including those in the Chair, from wearing Yankee hats on the floor of the House of Representatives?

3:21 PM EST

Edward J. Markey, D-MA 7th

Mr. MARKEY of Massachusetts. Mr. Speaker, I yield myself the balance of my time to close.

Mr. Speaker, I include for the Record the letters of support for H.R. 3276, including from the Society For Nuclear Medicine, the American College of Cardiology, the Health Physics Society and the Union of Concerned Scientists

GE HITACHI NUCLEAR ENERGY,

Wilmington, NC, July 22, 2009.

Hon. HENRY A. WAXMAN,

Chairman, Committee on Energy and Commerce, House of Representatives, Rayburn House Office Building, Washington, DC.

DEAR CONGRESSMAN WAXMAN, On behalf of GE Hitachi Nuclear Energy, I would like to offer my strong support for House passage of the American Medical Isotopes Production Act, introduced by Representative Edward Markey and Representative Fred Upton.

This bill will provide the resources necessary for the United States to move expeditiously to ensure that an adequate and reliable supply of molybdenum-99 can be produced in the United States, without the use of highly enriched uranium. Accordingly, Americans will benefit from a more robust supply of life-saving diagnostic medical isotopes like molybdenum-99.

GEH is pleased that this legislation has been introduced. It is in the best interest of the health and well being of the citizens of our great nation that this legislation is passed. We look forward to working with the government in bringing a solution to the medical isotope crisis facing America.

Thank you for your leadership on this important issue.

Sincerely,

LISA M. PRICE.

--

NUCLEAR THREAT INITIATIVES,

Washington, DC, July 20, 2009.

Hon. EDWARD J. MARKEY,

House of Representatives,

Washington, DC.

DEAR CONGRESSMAN MARKEY, You have asked for our reaction to your draft American Medical Isotopes Production Act of 2009. I believe this legislation can and will make an important contribution to reducing commercial use of highly enriched uranium (HEU).

As we know, HEU is the most attractive raw ingredient for nuclear terrorism, and its use to produce essential medical isotopes constitutes a continuing and dangerous global commerce in HEU. Means are now available to meet the world's medical isotopic needs with production technologies that do not rely on HEU, and conversion of existing facilities appears achievable in a span of seven-to-ten years.

We understand this legislation is principally intended to provide both a legal and a financial basis to develop domestic isotope production capacity based on low enriched uranium (LEU), which removes its proliferation potential. It would also provide for the elimination of U.S. HEU exports and the vulnerabilities associated with any transport of fissile material. These elements would constitute significant progress toward reducing nuclear terrorism risks. [Page: H12405]

We also welcome your efforts to support international steps to convert commercial isotope production processes to LEU. The U.S. can provide a valuable example by concentrating its own isotope production on LEU-based technologies, but other countries may need additional technical assistance and international coordination to accomplish their own conversions. NTI has been supporting programmatic work at the International Atomic Energy Agency to accelerate the production of molybdenum-99 without

HEU, but a more focused effort supported by adequate technical and financial resources is needed to get the job done.

These collective steps would go far to eliminating a major hole in our web of efforts to reduce nuclear dangers. We appreciate your initiative in addressing these important matters, and your long record of attention to nonproliferation issues. This bill's purposes are consistent with NTI's effort to minimize highly enriched uranium use and commerce and will do much to advance that mission.

Sincerely,

Sam Nunn,

Co-Chairman.

Charles B. Curtis,

President.

--

COUNCIL ON RADIONUCLIDES

AND RADIOPHARMACEUTICALS, INC.,

Moraga, CA, September 25, 2009.

DEAR CHAIRMAN MARKEY AND RANKING MEMBER UPTON, CORAR has been asked to provide the Committee (1) the feasibility of LEU based Mo-99 medical isotopes and (2) CORAR's position on H.R. 3276, the American Medical Isotopes Production Act of 2009. CORAR supports H.R. 3276 and supports increasing the capacity for medical radionuclides in the U.S.

In regards to the technical feasibility of supply for U.S. patients of LEU medical isotopes, CORAR member companies produce all of the Tc-99m generators used by the U.S. nuclear medicine community for the detection of heart disease, cancer and other illnesses. These companies need a reliable supply of Mo-99 used to produce these Tc-99m generators to fulfill patients' needs. The reactors used to produce this Mo-99 are not operated by CORAR member companies. All of the five reactors currently producing

Mo-99 to supply the U.S. are operated by government subsidized companies or government entities. Several groups have proposed different methods of producing LEU-based Mo-99 to increase the current capacity. Although CORAR believes some of these represent worthwhile efforts to supplement the current capacity, they have significantly different timetables to completion due to different regulatory and operational issues. Each of these groups has developed their own timetables and milestones for completion of their new method of Mo-99

production. Since these efforts to supplement the current Mo-99 capacity are being done by different groups it would be more appropriate for these individual groups to present the Committee with their own timetables. CORAR respectfully suggests the Committee contact

each one of these groups to request a Gantt chart for their plans for the design, construction and completion of their project. CORAR also believes it would be in the committee's best interest to review the funding applications for Mo-99 projects submitted to DOE.

As you are aware, CORAR has expressed its concern that the mandatory 7 to 10 year halt of exports could be problematic if medical isotope production is insufficient to meet U.S. patient needs at that time. However, CORAR believes that the mandatory deadline included in H.R. 3276 is critical to ensure that the proposed medical isotope projects will be aggressively pursued and funded. As a result CORAR would not support modifying the deadline contained in H.R. 3276. However CORAR would encourage

the committee to maintain ongoing oversight of the medical isotope supply and ensure that our patient's medical isotope needs are not restricted in 2020.

Thank you for the opportunity to provide this information to the Committee. CORAR looks forward to working with you toward the enactment of the legislation.

Sincerely,

ROY W. BROWN,

Senior Director, Federal Affairs.

--

THE SOCIETY OF NUCLEAR MEDICINE,

Reston, VA, July 10, 2009.

Hon. EDWARD MARKEY,

House of Representatives,

Washington, DC.

DEAR CONGRESSMAN MARKEY: The Society of Nuclear Medicine (SNM)--an international scientific and medical organization dedicated to raising public awareness about what molecular imaging is and how it can help provide patients with the best health care possible--appreciates your efforts to ensure a domestic supply of the important isotope Molybdenum-99 (Mo-99) within the U.S. and to curtail the use of highly-enriched uranium (HEU) in radionuclide production as a non-proliferation strategy

to deter terrorism. We further appreciate your willingness to work with SNM and other stakeholders to draft legislation to responsibly address these important issues and keep patient needs in the forefront. As you know, Mo-99 decays into Technetium-99m (Tc-99m), which is used in approximately 16 million nuclear medicine procedures each year in the U.S. Recent disruptions in the supply of Mo-99 have highlighted the urgent need to ensure a domestic supply

for the U.S. Your bill, the American Medical Isotope Production Act of 2009, will help patients who rely on medical imaging for the treatment and diagnosis of many common cancers by authorizing funding and providing a clear road map to create a domestic supply of Mo-99 while also allowing a responsible timeline and safeguards for the transfer of HEU to low enriched uranium (LEU); therefore, SNM endorses the American Medical Isotope Production Act of 2009.

Tc-99m is used in the detection and staging of cancer; detection of heart disease; detection of thyroid disease; study of brain and kidney function; and imaging of stress fractures. In addition to pinpointing the underlying cause of disease, physicians can actually see how a disease is affecting other functions in the body. Imaging with Tc-99m is an important part of patient care. As you may be aware, SNM, along with thousands of nuclear medicine physicians in the U.S., have, over the course

of the last two years, been disturbed about supply interruptions of Mo-99 from foreign vendors and the lack of a reliable supplier of Mo-99 in the U.S. Due to these recent shutdowns in Canada, numerous nuclear medicine professionals across the country have delayed or had to cancel imaging procedures. Because Mo-99 is produced through the fission of uranium and has a half-life of 66 hours, it cannot

be produced and stored for long periods of time. Unlike traditional pharmaceuticals, which are dispensed by pharmacists or sold over-the-counter, nuclear reactors produce radioactive isotopes that are processed and provided to hospitals and other nuclear medicine facilities based on demand. Any disruption to the supply chain can wreak havoc on patient access to important medical imaging procedures.

In order to ensure that patient needs are not compromised, a continuous reliable supply of medical radioisotopes is essential. Currently there are no facilities in the U.S. that are dedicated to manufacturing Mo99 for Mo-99/Tc-99m generators. The United States must develop domestic capabilities to produce Mo-99, and not rely solely on foreign suppliers. In addition, forcing a change from HEU to LEU must be done with adequate time made available for the research and development needed for the

transition period. There also must be consideration of economic and environmental factors to prevent, first and foremost, putting patients at risk because of delays in production of much needed radionuclides, such as Technetium-99m (Tc-99m) which is made from Mo-99.

Your legislation will help address the needs of patients by promoting the production of Mo-99 in the United States. We thank you for your efforts and look forward to continuing to work with you on this important issue.

Should you have any further questions, please contact Hugh Cannon, Director of Health Policy and Regulatory Affairs.

Sincerely,

Michael M. Graham, PhD, MD,

President, SNM.

This is, in my opinion, a very important piece of legislation. It makes a connection between the nuclear medicine that is practiced in this country and the nuclear proliferation issue that we are trying to solve around the world. So this really does begin to draw that line between atoms for peace and atoms for war in a way which I think we can all on a bipartisan basis come to support. History has been pointing us in this direction. This legislation is something that all Members of this Chamber

can be proud of.

Mr. Speaker, I hope that all of the Members support this legislation.