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† HR 4213 EAS 
cent of the households in such designated market 
area (based on the most recent census data re-
leased by the United States Census Bureau) at 
the time and place alleged. 
‘‘(5) FAILURE TO PROVIDE SERVICE.— 
‘‘(A) PENALTIES.—If the court recognizing 
an entity as a qualified carrier finds that such 
entity has willfully failed to provide local-into- 
local service to all DMAs, such finding shall re-
sult in the loss of recognition of the entity as a 
qualified carrier and the termination of the 
waiver provided under paragraph (1), and the 
court may, in its discretion— 
‘‘(i) treat such failure as an act of in-
fringement under section 501, and subject 
such infringement to the remedies provided 
for in sections 502 through 506 and sub-
section (a)(6)(B) of this section; and 
‘‘(ii) impose a fine of not less than 
$250,000 and not more than $5,000,000. 
‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA-
TION.—If the court determines that the failure to 
provide local-into-local service to all DMAs is 
nonwillful, the court may in its discretion im-
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† HR 4213 EAS 
pose financial penalties for noncompliance that 
reflect— 
‘‘(i) the degree of control the entity had 
over the circumstances that resulted in the 
failure; 
‘‘(ii) the quality of the entity’s efforts 
to remedy the failure and restore service; 
and 
‘‘(iii) the severity and duration of any 
service interruption. 
‘‘(6) PENALTIES FOR VIOLATIONS OF LICENSE.— 
A court that finds, under subsection (a)(6)(A), that 
an entity recognized as a qualified carrier has will-
fully made a secondary transmission of a primary 
transmission made by a network station and embody-
ing a performance or display of a work to a sub-
scriber who is not eligible to receive the transmission 
under this section shall reinstate the injunction 
waived under paragraph (1), and the court may 
order statutory damages of not more than $2,500,000. 
‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL DMAS 
DEFINED.—For purposes of this subsection: 
‘‘(A) IN
GENERAL.—An entity provides 
‘local-into-local service to all DMAs’ if the entity 
provides local service in all designated market
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† HR 4213 EAS 
areas (as such term is defined in section 
122(j)(2)(C)) pursuant to the license under sec-
tion 122. 
‘‘(B) HOUSEHOLD
COVERAGE.—For pur-
poses of subparagraph (A), an entity that makes 
available local-into-local service with a good 
quality satellite signal to at least 90 percent of 
the households in a designated market area based 
on the most recent census data released by the 
United States Census Bureau shall be considered 
to be providing local service to such designated 
market area. 
‘‘(C) GOOD QUALITY SATELLITE SIGNAL DE-
FINED.—The term ‘good quality signal’ has the 
meaning given such term under section 342(e)(2) 
of Communications Act of 1934.’’. 
SEC. 506. COPYRIGHT OFFICE FEES. 
Section 708(a) is amended— 
(1) in paragraph (8), by striking ‘‘and’’ after the 
semicolon; 
(2) in paragraph (9), by striking the period and 
inserting a semicolon; 
(3) by inserting after paragraph (9) the fol-
lowing:
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† HR 4213 EAS 
‘‘(10) on filing a statement of account based on 
secondary transmissions of primary transmissions 
pursuant to section 119 or 122; and 
‘‘(11) on filing a statement of account based on 
secondary transmissions of primary transmissions 
pursuant to section 111.’’; and 
(4) by adding at the end the following new sen-
tence: ‘‘Fees established under paragraphs (10) and 
(11) shall be reasonable and may not exceed one-half 
of the cost necessary to cover reasonable expenses in-
curred by the Copyright Office for the collection and 
administration of the statements of account and any 
royalty fees deposited with such statements.’’. 
SEC. 507. TERMINATION OF LICENSE. 
Section 1003(a)(2)(A) of Public Law 111–118 is 
amended by striking ‘‘March 28, 2010’’ and inserting ‘‘De-
cember 31, 2014’’. 
SEC. 508. CONSTRUCTION. 
Nothing in section 111, 119, or 122 of title 17, United 
States Code, including the amendments made to such sec-
tions by this subtitle, shall be construed to affect the mean-
ing of any terms under the Communications Act of 1934, 
except to the extent that such sections are specifically cross- 
referenced in such Act or the regulations issued thereunder.
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† HR 4213 EAS 
Subtitle B—Communications 
Provisions 
SEC. 521. REFERENCE. 
Except as otherwise provided, whenever in this subtitle 
an amendment is made to a section or other provision, the 
reference shall be considered to be made to such section or 
provision of the Communications Act of 1934 (47 U.S.C. 
151 et seq.). 
SEC. 522. EXTENSION OF AUTHORITY. 
Section 325(b) is amended— 
(1) in paragraph (2)(C), by striking ‘‘March 28, 
2010’’ and inserting ‘‘December 31, 2014’’; and 
(2) in paragraph (3)(C), by striking ‘‘March 29, 
2010’’ each place it appears in clauses (ii) and (iii) 
and inserting ‘‘January 1, 2015’’. 
SEC. 523. SIGNIFICANTLY VIEWED STATIONS. 
(a) IN GENERAL.—Paragraphs (1) and (2) of section 
340(b) are amended to read as follows: 
‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAKING 
LOCAL-INTO-LOCAL
SERVICE.—This 
section 
shall 
apply only to retransmissions to subscribers of a sat-
ellite carrier who receive retransmissions of a signal 
from that satellite carrier pursuant to section 338. 
‘‘(2) SERVICE LIMITATIONS.—A satellite carrier 
may retransmit to a subscriber in high definition for-
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† HR 4213 EAS 
mat the signal of a station determined by the Com-
mission to be significantly viewed under subsection 
(a) only if such carrier also retransmits in high defi-
nition format the signal of a station located in the 
local market of such subscriber and affiliated with the 
same network whenever such format is available from 
such station.’’. 
(b) RULEMAKING REQUIRED.—Within 210 days after 
the date of the enactment of this Act, the Federal Commu-
nications Commission shall take all actions necessary to 
promulgate a rule to implement the amendments made by 
subsection (a). 
SEC. 524. DIGITAL TELEVISION TRANSITION CONFORMING 
AMENDMENTS. 
(a) SECTION 338.—Section 338 is amended— 
(1) in subsection (a), by striking ‘‘(3) EFFECTIVE 
DATE.—No satellite’’ and all that follows through 
‘‘until January 1, 2002.’’; and 
(2) by amending subsection (g) to read as fol-
lows: 
‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE RE-
CEPTION ANTENNA.— 
‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat-
ellite carrier that retransmits the signals of local tele-
vision broadcast stations in a local market shall re-
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† HR 4213 EAS 
transmit such stations in such market so that a sub-
scriber may receive such stations by means of a single 
reception antenna and associated equipment. 
‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If the 
carrier retransmits the signals of local television 
broadcast stations in a local market in high defini-
tion format, the carrier shall retransmit such signals 
in such market so that a subscriber may receive such 
signals by means of a single reception antenna and 
associated equipment, but such antenna and associ-
ated equipment may be separate from the single re-
ception antenna and associated equipment used to 
comply with paragraph (1).’’. 
(b) SECTION 339.—Section 339 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(B), by striking ‘‘Such 
two network stations’’ and all that follows 
through ‘‘more than two network stations.’’; and 
(B) in paragraph (2)— 
(i) in the heading for subparagraph 
(A), by striking ‘‘TO ANALOG SIGNALS’’; 
(ii) in subparagraph (A)— 
(I) in the heading for clause (i), 
by striking ‘‘ANALOG’’; 
(II) in clause (i)—
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† HR 4213 EAS 
(aa) by striking ‘‘analog’’ 
each place it appears; and 
(bb) by striking ‘‘October 1, 
2004’’ and inserting ‘‘October 1, 
2009’’; 
(III) in the heading for clause 
(ii), by striking ‘‘ANALOG’’; and 
(IV) in clause (ii)— 
(aa) by striking ‘‘analog’’ 
each place it appears; and 
(bb) by striking ‘‘2004’’ and 
inserting ‘‘2009’’; 
(iii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) RULES FOR OTHER SUBSCRIBERS.— 
‘‘(i) IN GENERAL.—In the case of a 
subscriber of a satellite carrier who is eligi-
ble to receive the signal of a network station 
under this section (in this subparagraph re-
ferred to as a ‘distant signal’), other than 
subscribers to whom subparagraph (A) ap-
plies, the following shall apply: 
‘‘(I) In a case in which the sat-
ellite carrier makes available to that 
subscriber, on January 1, 2005, the
234 
† HR 4213 EAS 
signal of a local network station affili-
ated with the same television network 
pursuant to section 338, the carrier 
may only provide the secondary trans-
missions of the distant signal of a sta-
tion affiliated with the same network 
to that subscriber if the subscriber’s 
satellite carrier, not later than March 
1, 2005, submits to that television net-
work the list and statement required by 
subparagraph (F)(i). 
‘‘(II) In a case in which the sat-
ellite carrier does not make available to 
that subscriber, on January 1, 2005, 
the signal of a local network station 
pursuant to section 338, the carrier 
may only provide the secondary trans-
missions of the distant signal of a sta-
tion affiliated with the same network 
to that subscriber if— 
‘‘(aa) that subscriber seeks to 
subscribe to such distant signal 
before the date on which such car-
rier commences to carry pursuant 
to section 338 the signals of sta-
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† HR 4213 EAS 
tions from the local market of 
such local network station; and 
‘‘(bb) the satellite carrier, 
within 60 days after such date, 
submits to each television network 
the list and statement required by 
subparagraph (F)(ii). 
‘‘(ii) 
SPECIAL
CIRCUMSTANCES.—A 
subscriber of a satellite carrier who was 
lawfully receiving the distant signal of a 
network station on the day before the date 
of enactment of the Satellite Television Ex-
tension and Localism Act of 2010 may re-
ceive both such distant signal and the local 
signal of a network station affiliated with 
the same network until such subscriber 
chooses to no longer receive such distant sig-
nal from such carrier, whether or not such 
subscriber elects to subscribe to such local 
signal.’’; 
(iv) in subparagraph (C)— 
(I) by striking ‘‘analog’’; 
(II) in clause (i), by striking ‘‘the 
Satellite Home Viewer Extension and
236 
† HR 4213 EAS 
Reauthorization Act of 2004; and’’ and 
inserting the following: 
‘‘the Satellite Television Extension and Lo-
calism Act of 2010 and, at the time such 
person seeks to subscribe to receive such sec-
ondary transmission, resides in a local 
market where the satellite carrier makes 
available to that person the signal of a local 
network station affiliated with the same tel-
evision network pursuant to section 338 
(and the retransmission of such signal by 
such carrier can reach such subscriber); or’’; 
and 
(III) by amending clause (ii) to 
read as follows: 
‘‘(ii) lawfully subscribes to and receives 
a distant signal on or after the date of en-
actment of the Satellite Television Exten-
sion and Localism Act of 2010, and, subse-
quent to such subscription, the satellite car-
rier makes available to that subscriber the 
signal of a local network station affiliated 
with the same network as the distant signal 
(and the retransmission of such signal by 
such carrier can reach such subscriber), un-
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† HR 4213 EAS 
less such person subscribes to the signal of 
the local network station within 60 days 
after such signal is made available.’’; 
(v) in subparagraph (D)— 
(I) in the heading, by striking 
‘‘DIGITAL’’; 
(II) by striking clauses (i), (iii) 
through (v), (vii) through (ix), and 
(xi); 
(III) by redesignating clause (vi) 
as clause (i) and transferring such 
clause to appear before clause (ii); 
(IV) by amending such clause (i) 
(as so redesignated) to read as follows: 
‘‘(i) ELIGIBILITY
AND
SIGNAL
TEST-
ING.—A subscriber of a satellite carrier 
shall be eligible to receive a distant signal 
of a network station affiliated with the 
same network under this section if, with re-
spect to a local network station, such sub-
scriber— 
‘‘(I) is a subscriber whose house-
hold is not predicted by the model spec-
ified in subsection (c)(3) to receive the 
signal intensity required under section
238 
† HR 4213 EAS 
73.622(e)(1) or, in the case of a low- 
power station or translator station 
transmitting an analog signal, section 
73.683(a) of title 47, Code of Federal 
Regulations, or a successor regulation; 
‘‘(II) is determined, based on a 
test conducted in accordance with sec-
tion 73.686(d) of title 47, Code of Fed-
eral Regulations, or any successor reg-
ulation, not to be able to receive a sig-
nal that exceeds the signal intensity 
standard in section 73.622(e)(1) or, in 
the case of a low-power station or 
translator station transmitting an 
analog signal, section 73.683(a) of such 
title, or a successor regulation; or 
‘‘(III) is in an unserved house-
hold, as determined under section 
119(d)(10)(A) of title 17, United States 
Code.’’; 
(V) in clause (ii)— 
(aa) by striking ‘‘DIGITAL’’ 
in the heading;
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† HR 4213 EAS 
(bb) by striking ‘‘digital’’ the 
first two places such term ap-
pears; 
(cc) by striking ‘‘Satellite 
Home Viewer Extension and Re-
authorization Act of 2004’’ and 
inserting ‘‘Satellite Television Ex-
tension and Localism Act of 
2010’’; and 
(dd) by striking ‘‘, whether 
or not such subscriber elects to 
subscribe to local digital signals’’; 
(VI) by inserting after clause (ii) 
the following new clause: 
‘‘(iii) TIME-SHIFTING
PROHIBITED.— 
In a case in which the satellite carrier 
makes available to an eligible subscriber 
under this subparagraph the signal of a 
local network station pursuant to section 
338, the carrier may only provide the dis-
tant signal of a station affiliated with the 
same network to that subscriber if, in the 
case of any local market in the 48 contig-
uous States of the United States, the distant 
signal is the secondary transmission of a
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† HR 4213 EAS 
station whose prime time network program-
ming is generally broadcast simultaneously 
with, or later than, the prime time network 
programming of the affiliate of the same 
network in the local market.’’; and 
(VII) by redesignating clause (x) 
as clause (iv); and 
(vi) in subparagraph (E), by striking 
‘‘distant analog signal or’’ and all that fol-
lows through ‘‘(B), or (D))’’ and inserting 
‘‘distant signal’’; 
(2) in subsection (c)— 
(A) by amending paragraph (3) to read as 
follows: 
‘‘(3) ESTABLISHMENT OF IMPROVED PREDICTIVE 
MODEL AND ON-LOCATION TESTING REQUIRED.— 
‘‘(A) PREDICTIVE
MODEL.—Within 210 
days after the date of the enactment of the Sat-
ellite Television Extension and Localism Act of 
2010, the Commission shall develop and pre-
scribe by rule a point-to-point predictive model 
for reliably and presumptively determining the 
ability of individual locations, through the use of 
an antenna, to receive signals in accordance 
with the signal intensity standard in section
241 
† HR 4213 EAS 
73.622(e)(1) of title 47, Code of Federal Regula-
tions, or a successor regulation, including to ac-
count for the continuing operation of translator 
stations and low power television stations. In 
prescribing such model, the Commission shall 
rely on the Individual Location Longley-Rice 
model set forth by the Commission in CS Docket 
No. 98–201, as previously revised with respect to 
analog signals, and as recommended by the Com-
mission with respect to digital signals in its Re-
port to Congress in ET Docket No. 05–182, FCC 
05–199 (released December 9, 2005). The Com-
mission shall establish procedures for the contin-
ued refinement in the application of the model 
by the use of additional data as it becomes avail-
able. 
‘‘(B) ON-LOCATION TESTING.—The Commis-
sion shall issue an order completing its rule-
making proceeding in ET Docket No. 06–94 
within 210 days after the date of enactment of 
the Satellite Television Extension and Localism 
Act of 2010. In conducting such rulemaking, the 
Commission shall seek ways to minimize con-
sumer burdens associated with on-location test-
ing.’’;
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† HR 4213 EAS 
(B) by amending paragraph (4)(A) to read 
as follows: 
‘‘(A) IN GENERAL.—If a subscriber’s request 
for a waiver under paragraph (2) is rejected and 
the subscriber submits to the subscriber’s satellite 
carrier a request for a test verifying the sub-
scriber’s inability to receive a signal of the sig-
nal intensity referenced in clause (i) of sub-
section (a)(2)(D), the satellite carrier and the 
network station or stations asserting that the re-
transmission is prohibited with respect to that 
subscriber shall select a qualified and inde-
pendent person to conduct the test referenced in 
such clause. Such test shall be conducted within 
30 days after the date the subscriber submits a 
request for the test. If the written findings and 
conclusions of a test conducted in accordance 
with such clause demonstrate that the subscriber 
does not receive a signal that meets or exceeds 
the requisite signal intensity standard in such 
clause, the subscriber shall not be denied the re-
transmission of a signal of a network station 
under section 119(d)(10)(A) of title 17, United 
States Code.’’;
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† HR 4213 EAS 
(C) in paragraph (4)(B), by striking ‘‘the 
signal intensity’’ and all that follows through 
‘‘United States Code’’ and inserting ‘‘such req-
uisite signal intensity standard’’; and 
(D) in paragraph (4)(E), by striking 
‘‘Grade B intensity’’. 
(c) SECTION 340.—Section 340(i) is amended by strik-
ing paragraph (4). 
SEC. 
525. 
APPLICATION 
PENDING 
COMPLETION 
OF 
RULEMAKINGS. 
(a) IN GENERAL.—During the period beginning on the 
date of the enactment of this Act and ending on the date 
on which the Federal Communications Commission adopts 
rules pursuant to the amendments to the Communications 
Act of 1934 made by section 523 and section 524 of this 
title, the Federal Communications Commission shall follow 
its rules and regulations promulgated pursuant to sections 
338, 339, and 340 of the Communications Act of 1934 as 
in effect on the day before the date of the enactment of this 
Act. 
(b) TRANSLATOR STATIONS AND LOW POWER TELE-
VISION STATIONS.—Notwithstanding subsection (a), for 
purposes of determining whether a subscriber within the 
local market served by a translator station or a low power 
television station affiliated with a television network is eli-
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† HR 4213 EAS 
gible to receive distant signals under section 339 of the 
Communications Act of 1934, the rules and regulations of 
the Federal Communications Commission for determining 
such subscriber’s eligibility as in effect on the day before 
the date of the enactment of this Act shall apply until the 
date on which the translator station or low power television 
station is licensed to broadcast a digital signal. 
(c) DEFINITIONS.—As used in this subtitle: 
(1) LOCAL
MARKET; LOW
POWER
TELEVISION 
STATION; SATELLITE
CARRIER; SUBSCRIBER; TELE-
VISION BROADCAST STATION.—The terms ‘‘local mar-
ket’’, ‘‘low power television station’’, ‘‘satellite car-
rier’’, ‘‘subscriber’’, and ‘‘television broadcast station’’ 
have the meanings given such terms in section 338(k) 
of the Communications Act of 1934. 
(2) NETWORK STATION; TELEVISION NETWORK.— 
The terms ‘‘network station’’ and ‘‘television network’’ 
have the meanings given such terms in section 339(d) 
of such Act. 
SEC. 526. PROCESS FOR ISSUING QUALIFIED CARRIER CER-
TIFICATION. 
Part I of title III is amended by adding at the end 
the following new section:
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† HR 4213 EAS 
‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER 
CERTIFICATION. 
‘‘(a) CERTIFICATION.—The Commission shall issue a 
certification for the purposes of section 119(g)(3)(A)(iii) of 
title 17, United States Code, if the Commission determines 
that— 
‘‘(1) a satellite carrier is providing local service 
pursuant to the statutory license under section 122 of 
such title in each designated market area; and 
‘‘(2) with respect to each designated market area 
in which such satellite carrier was not providing such 
local service as of the date of enactment of the Sat-
ellite Television Extension and Localism Act of 
2010— 
‘‘(A) the satellite carrier’s satellite beams 
are designed, and predicted by the satellite man-
ufacturer’s pre-launch test data, to provide a 
good quality satellite signal to at least 90 per-
cent of the households in each such designated 
market area based on the most recent census 
data released by the United States Census Bu-
reau; and 
‘‘(B) there is no material evidence that there 
has been a satellite or sub-system failure subse-
quent to the satellite’s launch that precludes the
246 
† HR 4213 EAS 
ability of the satellite carrier to satisfy the re-
quirements of subparagraph (A). 
‘‘(b) INFORMATION REQUIRED.—Any entity seeking 
the certification provided for in subsection (a) shall submit 
to the Commission the following information: 
‘‘(1) An affidavit stating that, to the best of the 
affiant’s knowledge, the satellite carrier provides local 
service in all designated market areas pursuant to the 
statutory license provided for in section 122 of title 
17, United States Code, and listing those designated 
market areas in which local service was provided as 
of the date of enactment of the Satellite Television Ex-
tension and Localism Act of 2010. 
‘‘(2) For each designated market area not listed 
in paragraph (1): 
‘‘(A) Identification of each such designated 
market area and the location of its local receive 
facility. 
‘‘(B) Data showing the number of house-
holds, and maps showing the geographic dis-
tribution thereof, in each such designated market 
area based on the most recent census data re-
leased by the United States Census Bureau. 
‘‘(C) Maps, with superimposed effective 
isotropically radiated power predictions obtained
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† HR 4213 EAS 
in the satellite manufacturer’s pre-launch tests, 
showing that the contours of the carrier’s satellite 
beams as designed and the geographic area that 
the carrier’s satellite beams are designed to cover 
are predicted to provide a good quality satellite 
signal to at least 90 percent of the households in 
such designated market area based on the most 
recent census data released by the United States 
Census Bureau. 
‘‘(D) For any satellite relied upon for cer-
tification under this section, an affidavit stating 
that, to the best of the affiant’s knowledge, there 
have been no satellite or sub-system failures sub-
sequent to the satellite’s launch that would de-
grade the design performance to such a degree 
that a satellite transponder used to provide local 
service to any such designated market area is 
precluded from delivering a good quality satellite 
signal to at least 90 percent of the households in 
such designated market area based on the most 
recent census data released by the United States 
Census Bureau. 
‘‘(E) Any additional engineering, des-
ignated market area, or other information the 
Commission considers necessary to determine
248 
† HR 4213 EAS 
whether the Commission shall grant a certifi-
cation under this section. 
‘‘(c) CERTIFICATION ISSUANCE.— 
‘‘(1) PUBLIC COMMENT.—The Commission shall 
provide 30 days for public comment on a request for 
certification under this section. 
‘‘(2) DEADLINE FOR DECISION.—The Commis-
sion shall grant or deny a request for certification 
within 90 days after the date on which such request 
is filed. 
‘‘(d) SUBSEQUENT AFFIRMATION.—An entity granted 
qualified carrier status pursuant to section 119(g) of title 
17, United States Code, shall file an affidavit with the Com-
mission 30 months after such status was granted stating 
that, to the best of the affiant’s knowledge, it is in compli-
ance with the requirements for a qualified carrier. 
‘‘(e) DEFINITIONS.—For the purposes of this section: 
‘‘(1) DESIGNATED
MARKET
AREA.—The term 
‘designated market area’ has the meaning given such 
term in section 122(j)(2)(C) of title 17, United States 
Code. 
‘‘(2) GOOD QUALITY SATELLITE SIGNAL.— 
‘‘(A) IN GENERAL.—The term ‘‘good quality 
satellite signal’’ means—
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† HR 4213 EAS 
‘‘(i) a satellite signal whose power level 
as designed shall achieve reception and de-
modulation of the signal at an availability 
level of at least 99.7 percent using— 
‘‘(I) models of satellite antennas 
normally used by the satellite carrier’s 
subscribers; and 
‘‘(II) the same calculation meth-
odology used by the satellite carrier to 
determine predicted signal availability 
in the top 100 designated market 
areas; and 
‘‘(ii) taking into account whether a 
signal is in standard definition format or 
high definition format, compression method-
ology, modulation, error correction, power 
level, and utilization of advances in tech-
nology that do not circumvent the intent of 
this section to provide for non-discrimina-
tory treatment with respect to any com-
parable television broadcast station signal, 
a video signal transmitted by a satellite 
carrier such that— 
‘‘(I) the satellite carrier treats all 
television broadcast stations’ signals
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† HR 4213 EAS 
the same with respect to statistical 
multiplexer prioritization; and 
‘‘(II) the number of video signals 
in the relevant satellite transponder is 
not more than the then current greatest 
number of video signals carried on any 
equivalent transponder serving the top 
100 designated market areas. 
‘‘(B) DETERMINATION.—For the purposes of 
subparagraph (A), the top 100 designated market 
areas shall be as determined by Nielsen Media 
Research and published in the Nielsen Station 
Index Directory and Nielsen Station Index 
United States Television Household Estimates or 
any successor publication as of the date of a sat-
ellite carrier’s application for certification under 
this section.’’. 
SEC. 527. NONDISCRIMINATION IN CARRIAGE OF HIGH DEF-
INITION DIGITAL SIGNALS OF NONCOMMER-
CIAL EDUCATIONAL TELEVISION STATIONS. 
(a) IN GENERAL.—Section 338(a) is amended by add-
ing at the end the following new paragraph: 
‘‘(5) NONDISCRIMINATION IN CARRIAGE OF HIGH 
DEFINITION
SIGNALS
OF
NONCOMMERCIAL
EDU-
CATIONAL TELEVISION STATIONS.—
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† HR 4213 EAS 
‘‘(A) EXISTING CARRIAGE OF HIGH DEFINI-
TION SIGNALS.—If, before the date of enactment 
of the Satellite Television Extension and Local-
ism Act of 2010, an eligible satellite carrier is 
providing, under section 122 of title 17, United 
States Code, any secondary transmissions in 
high definition format to subscribers located 
within the local market of a television broadcast 
station of a primary transmission made by that 
station, then such satellite carrier shall carry the 
signals in high-definition format of qualified 
noncommercial educational television stations lo-
cated within that local market in accordance 
with the following schedule: 
‘‘(i) By December 31, 2010, in at least 
50 percent of the markets in which such sat-
ellite carrier provides such secondary trans-
missions in high definition format. 
‘‘(ii) By December 31, 2011, in every 
market in which such satellite carrier pro-
vides such secondary transmissions in high 
definition format. 
‘‘(B) NEW INITIATION OF SERVICE.—If, on 
or after the date of enactment of the Satellite 
Television Extension and Localism Act of 2010,
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† HR 4213 EAS 
an eligible satellite carrier initiates the provi-
sion, under section 122 of title 17, United States 
Code, of any secondary transmissions in high 
definition format to subscribers located within 
the local market of a television broadcast station 
of a primary transmission made by that station, 
then such satellite carrier shall carry the signals 
in high-definition format of all qualified non-
commercial educational television stations lo-
cated within that local market.’’. 
(b) DEFINITIONS.—Section 338(k) is amended— 
(1) by redesignating paragraphs (2) through (8) 
as paragraphs (3) through (9), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) ELIGIBLE SATELLITE CARRIER.—The term 
‘eligible satellite carrier’ means any satellite carrier 
that is not a party to a carriage contract that— 
‘‘(A) governs carriage of at least 30 quali-
fied noncommercial educational television sta-
tions; and 
‘‘(B) is in force and effect within 60 days 
after the date of enactment of the Satellite Tele-
vision Extension and Localism Act of 2010.’’;
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(3) by redesignating paragraphs (6) through (9) 
(as previously redesignated) as paragraphs (7) 
through (10), respectively; and 
(4) by inserting after paragraph (5) (as so redes-
ignated) the following new paragraph: 
‘‘(6) QUALIFIED NONCOMMERCIAL EDUCATIONAL 
TELEVISION
STATION.—The term ‘qualified non-
commercial educational television station’ means any 
full-power television broadcast station that— 
‘‘(A) under the rules and regulations of the 
Commission in effect on March 29, 1990, is li-
censed by the Commission as a noncommercial 
educational broadcast station and is owned and 
operated by a public agency, nonprofit founda-
tion, nonprofit corporation, or nonprofit associa-
tion; and 
‘‘(B) has as its licensee an entity that is eli-
gible to receive a community service grant, or 
any successor grant thereto, from the Corpora-
tion for Public Broadcasting, or any successor 
organization thereto, on the basis of the formula 
set forth in section 396(k)(6)(B) of this title.’’. 
SEC. 528. SAVINGS CLAUSE REGARDING DEFINITIONS. 
Nothing in this subtitle or the amendments made by 
this subtitle shall be construed to affect—
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(1) the meaning of the terms ‘‘program related’’ 
and ‘‘primary video’’ under the Communications Act 
of 1934; or 
(2) the meaning of the term ‘‘multicast’’ in any 
regulations issued by the Federal Communications 
Commission. 
SEC. 529. STATE PUBLIC AFFAIRS BROADCASTS. 
Section 335(b) is amended— 
(1) by inserting ‘‘STATE PUBLIC AFFAIRS,’’ 
after ‘‘EDUCATIONAL,’’ in the heading; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) CHANNEL CAPACITY REQUIRED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Commission shall require, 
as a condition of any provision, initial author-
ization, or authorization renewal for a provider 
of direct broadcast satellite service providing 
video programming, that the provider of such 
service reserve a portion of its channel capacity, 
equal to not less than 4 percent nor more than 
7 percent, exclusively for noncommercial pro-
gramming of an educational or informational 
nature.
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‘‘(B) REQUIREMENT FOR QUALIFIED SAT-
ELLITE
PROVIDER.—The Commission shall re-
quire, as a condition of any provision, initial 
authorization, or authorization renewal for a 
qualified satellite provider of direct broadcast 
satellite service providing video programming, 
that such provider reserve a portion of its chan-
nel capacity, equal to not less than 3.5 percent 
nor more than 7 percent, exclusively for non-
commercial programming of an educational or 
informational nature.’’; 
(3) in paragraph (5), by striking ‘‘For purposes 
of the subsection—’’ and inserting ‘‘For purposes of 
this subsection:’’; and 
(4) by adding at the end of paragraph (5) the 
following: 
‘‘(C) The term ‘qualified satellite provider’ 
means any provider of direct broadcast satellite 
service that— 
‘‘(i) provides the retransmission of the 
State public affairs networks of at least 15 
different States; 
‘‘(ii) offers the programming of State 
public affairs networks upon reasonable 
prices, terms, and conditions as determined
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† HR 4213 EAS 
by the Commission under paragraph (4); 
and 
‘‘(iii) does not delete any noncommer-
cial programming of an educational or in-
formational nature in connection with the 
carriage of a State public affairs network. 
‘‘(D) The term ‘State public affairs network’ 
means a non-commercial non-broadcast network 
or a noncommercial educational television sta-
tion— 
‘‘(i) whose programming consists of in-
formation about State government delibera-
tions and public policy events; and 
‘‘(ii) that is operated by— 
‘‘(I) a State government or sub-
division thereof; 
‘‘(II) an organization described in 
section 501(c)(3) of the Internal Rev-
enue Code of 1986 that is exempt from 
taxation under section 501(a) of such 
Code and that is governed by an inde-
pendent board of directors; or 
‘‘(III) a cable system.’’.
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Subtitle C—Reports and Savings 
Provision 
SEC. 531. DEFINITION. 
In this subtitle, the term ‘‘appropriate Congressional 
committees’’ means the Committees on the Judiciary and 
on Commerce, Science, and Transportation of the Senate 
and the Committees on the Judiciary and on Energy and 
Commerce of the House of Representatives. 
SEC. 532. REPORT ON MARKET BASED ALTERNATIVES TO 
STATUTORY LICENSING. 
Not later than 1 year after the date of the enactment 
of this Act, and after consultation with the Federal Commu-
nications Commission, the Register of Copyrights shall sub-
mit to the appropriate Congressional committees a report 
containing— 
(1) proposed mechanisms, methods, and rec-
ommendations on how to implement a phase-out of 
the statutory licensing requirements set forth in sec-
tions 111, 119, and 122 of title 17, United States 
Code, by making such sections inapplicable to the sec-
ondary transmission of a performance or display of 
a work embodied in a primary transmission of a 
broadcast station that is authorized to license the 
same secondary transmission directly with respect to
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† HR 4213 EAS 
all of the performances and displays embodied in such 
primary transmission; 
(2) any recommendations for alternative means 
to implement a timely and effective phase-out of the 
statutory licensing requirements set forth in sections 
111, 119, and 122 of title 17, United States Code; 
and 
(3) any recommendations for legislative or ad-
ministrative actions as may be appropriate to achieve 
such a phase-out. 
SEC. 533. REPORT ON COMMUNICATIONS IMPLICATIONS OF 
STATUTORY LICENSING MODIFICATIONS. 
(a) STUDY.—The Comptroller General shall conduct a 
study that analyzes and evaluates the changes to the car-
riage requirements currently imposed on multichannel 
video programming distributors under the Communications 
Act of 1934 (47 U.S.C. 151 et seq.) and the regulations pro-
mulgated by the Federal Communications Commission that 
would be required or beneficial to consumers, and such other 
matters as the Comptroller General deems appropriate, if 
Congress implemented a phase-out of the current statutory 
licensing requirements set forth under sections 111, 119, 
and 122 of title 17, United States Code. Among other 
things, the study shall consider the impact such a phase-
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out and related changes to carriage requirements would 
have on consumer prices and access to programming. 
(b) REPORT.—Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General shall re-
port to the appropriate Congressional committees the results 
of the study, including any recommendations for legislative 
or administrative actions. 
SEC. 534. REPORT ON IN-STATE BROADCAST PROGRAM-
MING. 
Not later than 1 year after the date of the enactment 
of this Act, the Federal Communications Commission shall 
submit to the appropriate Congressional committees a re-
port containing an analysis of— 
(1) the number of households in a State that re-
ceive the signals of local broadcast stations assigned 
to a community of license that is located in a dif-
ferent State; 
(2) the extent to which consumers in each local 
market have access to in-state broadcast programming 
over the air or from a multichannel video program-
ming distributor; and 
(3) whether there are alternatives to the use of 
designated market areas, as defined in section 122 of 
title 17, United States Code, to define local markets
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† HR 4213 EAS 
that would provide more consumers with in-state 
broadcast programming. 
SEC. 535. LOCAL NETWORK CHANNEL BROADCAST RE-
PORTS. 
(a) REQUIREMENT.— 
(1) IN GENERAL.—On the 180th day after the 
date of the enactment of this Act, and on each suc-
ceeding anniversary of such 180th day, each satellite 
carrier shall submit an annual report to the Federal 
Communications Commission setting forth— 
(A) each local market in which it— 
(i) retransmits signals of 1 or more tel-
evision broadcast stations with a commu-
nity of license in that market; 
(ii) has commenced providing such sig-
nals in the preceding 1-year period; and 
(iii) has ceased to provide such signals 
in the preceding 1-year period; and 
(B) detailed information regarding the use 
and potential use of satellite capacity for the re-
transmission of local signals in each local mar-
ket. 
(2) 
TERMINATION.—The 
requirement 
under 
paragraph (1) shall cease after each satellite carrier 
has submitted 5 reports under such paragraph.
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339(d) of the Communications Act of 1934 (47 U.S.C. 
339(d)); and 
(2) the term ‘‘television broadcast station’’ has 
the meaning given such term in section 325(b)(7) of 
such Act (47 U.S.C. 325(b)(7)). 
SEC. 536. SAVINGS PROVISION REGARDING USE OF NEGO-
TIATED LICENSES. 
(a) IN GENERAL.—Nothing in this title, title 17, 
United States Code, the Communications Act of 1934, regu-
lations promulgated by the Register of Copyrights under 
this title or title 17, United States Code, or regulations pro-
mulgated by the Federal Communications Commission 
under this title or the Communications Act of 1934 shall 
be construed to prevent a multichannel video programming 
distributor from retransmitting a performance or display 
of a work pursuant to an authorization granted by the 
copyright owner or, if within the scope of its authorization, 
its licensee. 
(b) LIMITATION.—Nothing in subsection (a) shall be 
construed to affect any obligation of a multichannel video 
programming distributor under section 325(b) of the Com-
munications Act of 1934 to obtain the authority of a tele-
vision broadcast station before retransmitting that station’s 
signal.
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SEC. 537. EFFECTIVE DATE; NONINFRINGEMENT OF COPY-
RIGHT. 
(a) EFFECTIVE DATE.—Unless specifically provided 
otherwise, this title, and the amendments made by this title, 
shall take effect on February 27, 2010, and with the excep-
tion of the reference in subsection (b), all references to the 
date of enactment of this Act shall be deemed to refer to 
February 27, 2010, unless otherwise specified. 
(b) NONINFRINGEMENT
OF
COPYRIGHT.—The sec-
ondary transmission of a performance or display of a work 
embodied in a primary transmission is not an infringement 
of copyright if it was made by a satellite carrier on or after 
February 27, 2010, and prior to enactment of this Act, and 
was in compliance with the law as in existence on February 
27, 2010. 
Subtitle D—Severability 
SEC. 541. SEVERABILITY. 
If any provision of this title, an amendment made by 
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this title, the amendments made 
by this title, and the application of such provision or 
amendment to any person or circumstance shall not be af-
fected thereby.
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TITLE VI—OTHER PROVISIONS 
SEC. 601. INCREASE IN THE MEDICARE PHYSICIAN PAY-
MENT UPDATE. 
Paragraph (10) of section 1848(d) of the Social Secu-
rity Act, as added by section 1011(a) of the Department 
of Defense Appropriations Act, 2010 (Public Law 111–118), 
is amended— 
(1) in subparagraph (A), by striking ‘‘March 31, 
2010’’ and inserting ‘‘September 30, 2010’’; and 
(2) in subparagraph (B), by striking ‘‘April 1, 
2010’’ and inserting ‘‘October 1, 2010’’. 
SEC. 602. ELECTION TO TEMPORARILY UTILIZE UNUSED 
AMT CREDITS DETERMINED BY DOMESTIC IN-
VESTMENT. 
(a) IN GENERAL.—Section 53 is amended by adding 
at the end the following new subsection: 
‘‘(g) ELECTION FOR CORPORATIONS WITH UNUSED 
CREDITS.— 
‘‘(1) IN
GENERAL.—If a corporation elects to 
have this subsection apply, then notwithstanding any 
other provision of law, the limitation imposed by sub-
section (c) for any such taxable year shall be in-
creased by the AMT credit adjustment amount. 
‘‘(2) AMT CREDIT ADJUSTMENT AMOUNT.—For 
purposes of paragraph (1), the term ‘AMT credit ad-
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† HR 4213 EAS 
justment amount’ means with respect to any taxable 
year beginning in 2010, the lesser of— 
‘‘(A) 50 percent of a corporation’s min-
imum tax credit determined under subsection 
(b), or 
‘‘(B) 10 percent of new domestic invest-
ments made during such taxable year. 
‘‘(3) NEW DOMESTIC INVESTMENTS.—For pur-
poses of this subsection, the term ‘new domestic in-
vestments’ means the cost of qualified property (as de-
fined in section 168(k)(2)(A)(i))— 
‘‘(A) the original use of which commences 
with the taxpayer during the taxable year, and 
‘‘(B) which is placed in service in the 
United States by the taxpayer during such tax-
able year. 
‘‘(4) CREDIT
REFUNDABLE.—For purposes of 
subsections (b) and (c) of section 6401, the aggregate 
increase in the credits allowable under part IV of sub-
chapter A for any taxable year resulting from the ap-
plication of this subsection shall be treated as allowed 
under subpart C of such part (and not to any other 
subpart). 
‘‘(5) ELECTION.—
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‘‘(A) IN GENERAL.—An election under this 
subsection shall be made at such time and in 
such manner as prescribed by the Secretary, and 
once effective, may be revoked only with the con-
sent of the Secretary. 
‘‘(B) INTERIM ELECTIONS.—Until such time 
as the Secretary prescribes a manner for making 
an election under this subsection, a taxpayer is 
treated as having made a valid election by pro-
viding written notification to the Secretary and 
the Commissioner of Internal Revenue of such 
election. 
‘‘(6) TREATMENT OF CERTAIN PARTNERSHIP IN-
VESTMENTS.—For purposes of this subsection, any 
corporation’s allocable share of any new domestic in-
vestments by a partnership more than 90 percent of 
the capital and profits interest in which is owned by 
such corporation (directly or indirectly) at all times 
during the taxable year in which an election under 
this subsection is in effect shall be considered new do-
mestic investments of such corporation for such tax-
able year. 
‘‘(7) NO
DOUBLE
BENEFIT.—Notwithstanding 
clause (iii)(II) of section 172(b)(1)(H), any taxpayer 
which has previously made an election under such
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section shall be deemed to have revoked such election 
by the making of its first election under this sub-
section. 
‘‘(8) REGULATIONS.—The Secretary may issue 
such regulations or other guidance as may be nec-
essary or appropriate to carry out this subsection, in-
cluding to prevent fraud and abuse under this sub-
section. 
‘‘(9) TERMINATION.—This subsection shall not 
apply to any taxable year that begins after December 
31, 2010.’’. 
(b) QUICK REFUND OF REFUNDABLE CREDIT.—Sec-
tion 6425 is amended by adding at the end the following 
new subsection: 
‘‘(e) ALLOWANCE
OF
AMT CREDIT
ADJUSTMENT 
AMOUNT.—The amount of an adjustment under this section 
as determined under subsection (c)(2) for any taxable year 
may be increased to the extent of the corporation’s AMT 
credit adjustment amount determined under section 53(g) 
for such taxable year.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2009.
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SEC. 603. INFORMATION REPORTING FOR RENTAL PROP-
ERTY EXPENSE PAYMENTS. 
(a) IN GENERAL.—Section 6041 is amended by adding 
at the end the following new subsection: 
‘‘(h) TREATMENT OF RENTAL PROPERTY EXPENSE 
PAYMENTS.— 
‘‘(1) IN GENERAL.—Solely for purposes of sub-
section (a) and except as provided in paragraph (2), 
a person receiving rental income from real estate shall 
be considered to be engaged in a trade or business of 
renting property. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to— 
‘‘(A) any individual, including any indi-
vidual who is an active member of the uniformed 
services, if substantially all rental income is de-
rived from renting the principal residence (with-
in the meaning of section 121) of such individual 
on a temporary basis, 
‘‘(B) any individual who receives rental in-
come of not more than the minimal amount, as 
determined under regulations prescribed by the 
Secretary, and 
‘‘(C) any other individual for whom the re-
quirements of this section would cause hardship,
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as determined under regulations prescribed by 
the Secretary.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply to payments made after December 31, 
2010. 
SEC. 604. EXTENSION OF LOW-INCOME HOUSING CREDIT 
RULES FOR BUILDINGS IN GO ZONES. 
Section 1400N(c)(5) is amended by striking ‘‘January 
1, 2011’’ and inserting ‘‘January 1, 2013’’. 
SEC. 605. INCREASE IN INFORMATION RETURN PENALTIES. 
(a) FAILURE TO FILE CORRECT INFORMATION RE-
TURNS.— 
(1) IN GENERAL.—Subsections (a)(1), (b)(1)(A), 
and (b)(2)(A) of section 6721 are each amended by 
striking ‘‘$50’’ and inserting ‘‘$100’’. 
(2) AGGREGATE
ANNUAL
LIMITATION.—Sub-
sections (a)(1), (d)(1)(A), and (e)(3)(A) of section 
6721 are each amended by striking ‘‘$250,000’’ and 
inserting ‘‘$1,500,000’’. 
(b) REDUCTION WHERE CORRECTION WITHIN 30 
DAYS.— 
(1) IN GENERAL.—Subparagraph (A) of section 
6721(b)(1) is amended by striking ‘‘$15’’ and insert-
ing ‘‘$30’’.
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† HR 4213 EAS 
(2) AGGREGATE
ANNUAL
LIMITATION.—Sub-
sections (b)(1)(B) and (d)(1)(B) of section 6721 are 
each amended by striking ‘‘$75,000’’ and inserting 
‘‘$250,000’’. 
(c) REDUCTION WHERE CORRECTION ON OR BEFORE 
AUGUST 1.— 
(1) IN GENERAL.—Subparagraph (A) of section 
6721(b)(2) is amended by striking ‘‘$30’’ and insert-
ing ‘‘$60’’. 
(2) AGGREGATE
ANNUAL
LIMITATION.—Sub-
sections (b)(2)(B) and (d)(1)(C) of section 6721are 
each amended by striking ‘‘$150,000’’ and inserting 
‘‘$500,000’’. 
(d) AGGREGATE ANNUAL LIMITATIONS FOR PERSONS 
WITH GROSS RECEIPTS OF NOT MORE THAN $5,000,000.— 
Paragraph (1) of section 6721(d) is amended— 
(1) by striking ‘‘$100,000’’ in subparagraph (A) 
and inserting ‘‘$500,000’’, 
(2) by striking ‘‘$25,000’’ in subparagraph (B) 
and inserting ‘‘$75,000’’, and 
(3) by striking ‘‘$50,000’’ in subparagraph (C) 
and inserting ‘‘$200,000’’. 
(e) PENALTY IN CASE OF INTENTIONAL DISREGARD.— 
Paragraph (2) of section 6721(e) is amended by striking 
‘‘$100’’ and inserting ‘‘$250’’.
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† HR 4213 EAS 
(f) ADJUSTMENT FOR INFLATION.—Section 6721 is 
amended by adding at the end the following new subsection: 
‘‘(f) ADJUSTMENT FOR INFLATION.— 
‘‘(1) IN GENERAL.—For each fifth calendar year 
beginning after 2012, each of the dollar amounts 
under subsections (a), (b), (d) (other than paragraph 
(2)(A) thereof), and (e) shall be increased by such dol-
lar amount multiplied by the cost-of-living adjust-
ment determined under section 1(f)(3) determined by 
substituting ‘calendar year 2011’ for ‘calendar year 
1992’ in subparagraph (B) thereof. 
‘‘(2) ROUNDING.—If any amount adjusted under 
paragraph (1)— 
‘‘(A) is not less than $75,000 and is not a 
multiple of $500, such amount shall be rounded 
to the next lowest multiple of $500, and 
‘‘(B) is not described in subparagraph (A) 
and is not a multiple of $10, such amount shall 
be rounded to the next lowest multiple of $10.’’. 
(g) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to information returns re-
quired to be filed on or after January 1, 2011.
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† HR 4213 EAS 
SEC. 606. TAX-EXEMPT BOND FINANCING. 
(a) IN GENERAL.—Paragraphs (2)(D) and (7)(C) of 
section 1400N(a) are each amended by striking ‘‘January 
1, 2011’’ and inserting ‘‘January 1, 2012’’. 
(b) CONFORMING AMENDMENTS.—Sections 702(d)(1) 
and 704(a) of the Heartland Disaster Tax Relief Act of 
2008 (Public Law 110–343; 122 Stat. 3913, 3919) are each 
amended by striking‘‘January 1, 2011’’ each place it ap-
pears and inserting ‘‘January 1, 2012’’. 
SEC. 607. APPLICATION OF LEVY TO PAYMENTS TO FED-
ERAL VENDORS RELATING TO PROPERTY. 
(a) IN GENERAL.—Section 6331(h)(3) is amended by 
striking ‘‘goods or services’’ and inserting ‘‘property, goods, 
or services’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply to levies approved after the date of the 
enactment of this Act. 
SEC. 608. ELECTION FOR REFUNDABLE LOW-INCOME HOUS-
ING CREDIT FOR 2010. 
Subsection (n) of section 42, as added by section 121, 
is amended to read as follows: 
‘‘(n) ELECTION FOR REFUNDABLE CREDITS.— 
‘‘(1) IN GENERAL.—The housing credit agency of 
each State shall be allowed a credit in an amount 
equal to such State’s 2010 low-income housing refund-
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† HR 4213 EAS 
able credit election amount, which shall be payable by 
the Secretary as provided in paragraph (5). 
‘‘(2) 2010 LOW-INCOME HOUSING REFUNDABLE 
CREDIT
ELECTION
AMOUNT.—For purposes of this 
subsection, the term ‘2010 low-income housing refund-
able credit election amount’ means, with respect to 
any State, such amount as the State may elect which 
does not exceed 85 percent of the product of— 
‘‘(A) the sum of— 
‘‘(i) 100 percent of the State housing 
credit ceiling for 2010 which is attributable 
to amounts described in clauses (i) and (iii) 
of subsection (h)(3)(C), plus any increase in 
the State housing credit ceiling for 2010 
made by reason of section 1400N(c) (includ-
ing as such section is applied by reason of 
sections 702(d)(2) and 704(b) of the Tax 
Extenders and Alternative Minimum Tax 
Relief Act of 2008), and 
‘‘(ii) 40 percent of the State housing 
credit ceiling for 2010 which is attributable 
to amounts described in clauses (ii) and 
(iv) of such subsection, plus any increase in 
the State housing credit ceiling for 2010
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† HR 4213 EAS 
made by reason of the application of such 
section 702(d)(2) and 704(b), multiplied by 
‘‘(B) 10. 
For purposes of subparagraph (A)(ii), in the case of 
any area to which section 702(d)(2) or 704(b) of the 
Tax Extenders and Alternative Minimum Tax Relief 
Act of 2008 applies, section 1400N(c)(1)(A) shall be 
applied without regard to clause (i) 
‘‘(3) COORDINATION
WITH
NON-REFUNDABLE 
CREDIT.—For purposes of this section, the amounts 
described in clauses (i) through (iv) of subsection 
(h)(3)(C) with respect to any State for 2010 shall 
each be reduced by so much of such amount as is 
taken into account in determining the amount of the 
credit allowed with respect to such State under para-
graph (1). 
‘‘(4) SPECIAL
RULE
FOR
BASIS.—Basis of a 
qualified low-income building shall not be reduced by 
the amount of any payment made under this sub-
section. 
‘‘(5) PAYMENT
OF
CREDIT; USE
TO
FINANCE 
LOW-INCOME BUILDINGS.—The Secretary shall pay to 
the housing credit agency of each State an amount 
equal to the credit allowed under paragraph (1). 
Rules similar to the rules of subsections (c) and (d)
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† HR 4213 EAS 
of section 1602 of the American Recovery and Rein-
vestment Tax Act of 2009 shall apply with respect to 
any payment made under this paragraph, except that 
such subsection (d) shall be applied by substituting 
‘January 1, 2012’ for ‘January 1, 2011’.’’. 
SEC. 609. LOW-INCOME HOUSING GRANT ELECTION. 
(a) CLARIFICATION OF ELIGIBILITY OF LOW-INCOME 
HOUSING CREDITS
FOR LOW-INCOME HOUSING GRANT 
ELECTION.—Paragraph (1) of section 1602(b) of the Amer-
ican Recovery and Reinvestment Tax Act of 2009 is amend-
ed— 
(1) by inserting ‘‘, plus any increase in the State 
housing credit ceiling for 2009 attributable to any 
State housing credit ceiling returned in 2009 to the 
State by reason of section 1400N(c) of such Code (in-
cluding as such section is applied by reason of sec-
tions 702(d)(2) and 704(b) of the Tax Extenders and 
Alternative Minimum Tax Relief Act of 2008)’’ after 
‘‘1986’’ in subparagraph (A), and 
(2) by inserting ‘‘, plus any increase in the State 
housing credit ceiling for 2009 attributable to any ad-
ditional State housing credit ceiling made by reason 
of the application of such section 702(d)(2) and 
704(b)’’ after ‘‘such section’’ in subparagraph (B).
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† HR 4213 EAS 
(b) APPLICATION OF ADDITIONAL HOUSING CREDIT 
AMOUNT FOR PURPOSES OF 2009 GRANT ELECTION.—Sub-
section (b) of section 1602 of the American Recovery and 
Reinvestment Tax Act of 2009, as amended by subsection 
(a), is amended by adding at the end the following flush 
sentence: 
‘‘For purposes of paragraph (1)(B), in the case of any area 
to which section 702(d)(2) or 704(b) of the Tax Extenders 
and Alternative Minimum Tax Relief Act of 2008 applies, 
section 1400N(c)(1)(A) of such Code shall be applied with-
out regard to clause (i).’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply as if included in the enactment of section 
1602 of the American Recovery and Reinvestment Tax Act 
of 2009. 
SEC. 610. ROLLOVERS FROM ELECTIVE DEFERRAL PLANS 
TO ROTH DESIGNATED ACCOUNTS. 
(a) IN GENERAL.—Section 402A(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end 
the following new paragraph: 
‘‘(4) TAXABLE ROLLOVERS TO DESIGNATED ROTH 
ACCOUNTS.— 
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tions 402(c), 403(b)(8), and 457(e)(16), in the
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† HR 4213 EAS 
case of any distribution to which this paragraph 
applies— 
‘‘(i) there shall be included in gross in-
come any amount which would be includible 
were it not part of a qualified rollover con-
tribution, 
‘‘(ii) section 72(t) shall not apply, and 
‘‘(iii) unless the taxpayer elects not to 
have this clause apply, any amount re-
quired to be included in gross income for 
any taxable year beginning in 2010 by rea-
son of this paragraph shall be so included 
ratably over the 2-taxable-year period be-
ginning with the first taxable year begin-
ning in 2011. 
Any election under clause (iii) for any distribu-
tions during a taxable year may not be changed 
after the due date for such taxable year. 
‘‘(B) DISTRIBUTIONS
TO
WHICH
PARA-
GRAPH APPLIES.—In the case of an applicable 
retirement plan which includes a qualified Roth 
contribution program, this paragraph shall 
apply to a distribution from such plan other 
than from a designated Roth account which is 
contributed in a qualified rollover contribution
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† HR 4213 EAS 
to the designated Roth account maintained 
under such plan for the benefit of the individual 
to whom the distribution is made. 
‘‘(C) OTHER RULES.—The rules of subpara-
graphs (D), (E), and (F) of section 408A(d)(3) 
(as in effect for taxable years beginning after 
2009) shall apply for purposes of this para-
graph.’’. 
SEC. 611. MODIFICATION OF STANDARDS FOR WINDOWS, 
DOORS, AND SKYLIGHTS WITH RESPECT TO 
THE CREDIT FOR NONBUSINESS ENERGY 
PROPERTY. 
(a) IN GENERAL.—Paragraph (4) of section 25C(c) is 
amended by striking ‘‘unless’’ and all that follows and in-
serting ‘‘unless— 
‘‘(A) in the case of any component placed in 
service after the date which is 90 days after the 
date of the enactment of the American Workers, 
State, and Business Relief Act of 2010, such 
component meets the criteria for such compo-
nents established by the 2010 Energy Star Pro-
gram Requirements for Residential Windows, 
Doors, and Skylights, Version 5.0 (or any subse-
quent version of such requirements which is in 
effect after January 4, 2010),
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‘‘(B) in the case of any component placed 
in service after the date of the enactment of the 
American Workers, State, and Business Relief 
Act of 2010 and on or before the date which is 
90 days after such date, such component meets 
the criteria described in subparagraph (A) or is 
equal to or below a U factor of 0.30 and SHGC 
of 0.30, and 
‘‘(C) in the case of any component which is 
a garage door, such component is equal to or 
below a U factor of 0.30 and SHGC of 0.30.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply to property placed in service after the 
date of the enactment of this Act. 
SEC. 612. PARTICIPANTS IN GOVERNMENT SECTION 457 
PLANS ALLOWED TO TREAT ELECTIVE DEFER-
RALS AS ROTH CONTRIBUTIONS. 
(a) IN GENERAL.—Section 402A(e)(1) (defining appli-
cable retirement plan) is amended by striking ‘‘and’’ at the 
end of subparagraph (A), by striking the period at the end 
of subparagraph (B) and inserting ‘‘, and’’, and by adding 
at the end the following: 
‘‘(C) an eligible deferred compensation plan 
(as defined in section 457(b)) of an eligible em-
ployer described in section 457(e)(1)(A).’’.
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(b) ELECTIVE DEFERRALS.—Section 402A(e)(2) (de-
fining elective deferral) is amended to read as follows: 
‘‘(2) ELECTIVE DEFERRAL.—The term ‘elective 
deferral’ means— 
‘‘(A) any elective deferral described in sub-
paragraph (A) or (C) of section 402(g)(3), and 
‘‘(B) any elective deferral of compensation 
by an individual under an eligible deferred com-
pensation plan (as defined in section 457(b)) of 
an 
eligible 
employer 
described 
in 
section 
457(e)(1)(A).’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2010. 
SEC. 613. EXTENSION OF SPECIAL ALLOWANCE FOR CER-
TAIN PROPERTY. 
(a) IN GENERAL.—Section 15345(d)(1)(D) of the Food 
Conservation and Energy Act of 2008 (Public Law 110– 
246) is amended by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2010’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
15345(d)(1)(F) of such Act is amended by striking ‘‘Janu-
ary 1, 2008’’ and inserting ‘‘January 1, 2010’’.
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(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in section 15345 of 
the Food Conservation and Energy Act of 2008. 
SEC. 614. APPLICATION OF BAD CHECKS PENALTY TO ELEC-
TRONIC PAYMENTS. 
(a) IN GENERAL.—Section 6657 is amended— 
(1) by striking ‘‘If any check or money order in 
payment of any amount’’ and inserting ‘‘If any in-
strument in payment, by any commercially accept-
able means, of any amount’’, and 
(2) by striking ‘‘such check’’ each place it ap-
pears and inserting ‘‘such instrument’’. 
(b) EFFECTIVE DATES.—The amendments made by 
this section shall apply to instruments tendered after the 
date of the enactment of this Act. 
SEC. 615. GRANTS FOR ENERGY EFFICIENT APPLIANCES IN 
LIEU OF TAX CREDIT. 
In the case of any taxable year which includes the last 
day of calendar year 2009 or calendar year 2010, a tax-
payer who elects to waive the credit which would otherwise 
be determined with respect to the taxpayer under section 
45M of the Internal Revenue Code of 1986 for such taxable 
year shall be treated as making a payment against the tax 
imposed under subtitle A of such Code for such taxable year 
in an amount equal to 85 percent of the amount of the cred-
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† HR 4213 EAS 
it which would otherwise be so determined. Such payment 
shall be treated as made on the later of the due date of the 
return of such tax or the date on which such return is filed. 
Elections under this section may be made separately for 
2009 and 2010, but once made shall be irrevocable. 
SEC. 616. BUDGETARY EFFECTS OF LEGISLATION PASSED 
BY THE SENATE. 
(a) ESTABLISHMENT OF WEB PAGE.— 
(1) IN GENERAL.—Not later than 90 days after 
the enactment of this Act, the Secretary of the Senate 
shall establish on the official website of the United 
States Senate (www.senate.gov) a page entitled ‘‘In-
formation on the Budgetary Effects of Legislation 
Considered by the Senate’’ which shall include— 
(A) links to appropriate pages on the 
website of the Congressional Budget Office 
(www.cbo.gov) that contain cost estimates of leg-
islation passed by the Senate; and 
(B) as available, links to pages with any 
other information produced by the Congressional 
Budget Office that summarize or further explain 
the budgetary effects of legislation considered by 
the Senate. 
(2) UPDATES.—The Secretary of the Senate shall 
update this page every 3 months.
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(b) CBO REQUIREMENTS.—Nothing in this section 
shall be construed as imposing any new requirements on 
the Congressional Budget Office. 
SEC. 617. SENATE SPENDING DISCLOSURE. 
(a) IN GENERAL.—The Secretary of the Senate shall 
post prominently on the front page of the public website 
of the Senate (http://www.senate.gov/) the following infor-
mation: 
(1) The total amount of discretionary and direct 
spending passed by the Senate that has not been paid 
for, including emergency designated spending or 
spending otherwise exempted from PAYGO require-
ments. 
(2) The total amount of net spending authorized 
in legislation passed by the Senate, as scored by CBO. 
(3) The number of new government programs 
created in legislation passed by the Senate. 
(4) The totals for paragraphs (1) through (3) as 
passed by both Houses of Congress and signed into 
law by the President. 
(b) DISPLAY.—The information tallies required by 
subsection (a) shall be itemized by bill and date, updated 
weekly, and archived by calendar year. 
(c) EFFECTIVE DATE.—The PAYGO tally required by 
subsection (a)(1) shall begin with the date of enactment of
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the Statutory Pay-As-You-Go Act of 2010 and the author-
ization tally required by subsection (a)(2) shall apply to 
all legislation passed beginning January 1, 2010. 
SEC. 618. ALLOCATION OF GEOTHERMAL RECEIPTS. 
Notwithstanding any other provision of law, for fiscal 
year 2010 only, all funds received from sales, bonuses, roy-
alties, and rentals under the Geothermal Steam Act of 1970 
(30 U.S.C. 1001 et seq.) shall be deposited in the Treasury, 
of which— 
(1) 50 percent shall be used by the Secretary of 
the Treasury to make payments to States within the 
boundaries of which the leased land and geothermal 
resources are located; 
(2) 25 percent shall be used by the Secretary of 
the Treasury to make payments to the counties within 
the boundaries of which the leased land or geothermal 
resources are located; and 
(3) 25 percent shall be deposited in miscellaneous 
receipts. 
SEC. 619. QUALIFYING TIMBER CONTRACT OPTIONS. 
(a) DEFINITIONS.—In this section: 
(1) QUALIFYING CONTRACT.—The term ‘‘quali-
fying contract’’ means a contract that has not been 
terminated by the Bureau of Land Management for 
the sale of timber on lands administered by the Bu-
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† HR 4213 EAS 
reau of Land Management that meets all of the fol-
lowing criteria: 
(A) The contract was awarded during the 
period beginning on January 1, 2005, and end-
ing on December 31, 2008. 
(B) There is unharvested volume remaining 
for the contract. 
(C) The contract is not a salvage sale. 
(D) The Secretary determined there is not 
an urgent need to harvest under the contract due 
to deteriorating timber conditions that developed 
after the award of the contract. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of Bureau of Land Management. 
(3) TIMBER
PURCHASER.—The term ‘‘timber 
purchaser’’ means the party to the qualifying contract 
for the sale of timber from lands administered by the 
Bureau of Land Management. 
(b) MARKET-RELATED CONTRACT EXTENSION OP-
TION.—Upon a timber purchaser’s written request, the Sec-
retary may make a one-time modification to the qualifying 
contract to add 3 years to the contract expiration date if 
the written request—
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† HR 4213 EAS 
(1) is received by the Secretary not later than 90 
days after the date of enactment of this Act; and 
(2) contains a provision releasing the United 
States from all liability, including further consider-
ation or compensation, resulting from the modifica-
tion under this subsection of the term of a qualifying 
contract. 
(c) REPORTING.—Not later than 6 months after the 
date of the enactment of this Act, the Secretary shall submit 
to Congress a report detailing a plan and timeline to pro-
mulgate new regulations authorizing the Bureau of Land 
Management to extend timber contracts due to changes in 
market conditions. 
(d) REGULATIONS.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary shall pro-
mulgate new regulations authorizing the Bureau of Land 
Management to extend timber contracts due to changes in 
market conditions. 
(e) NO SURRENDER OF CLAIMS.—This section shall 
not have the effect of surrendering any claim by the United 
States against any timber purchaser that arose under a 
timber sale contract, including a qualifying contract, before 
the date on which the Secretary adjusts the contract term 
under subsection (b).
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SEC. 620. ARRA PLANNING AND REPORTING. 
Section 1512 of the American Recovery and Reinvest-
ment Act of 2009 (Public Law 111–5; 123 Stat. 287) is 
amended— 
(1) in subsection (d)— 
(A) in the subsection heading, by inserting 
‘‘PLANS AND’’ after ‘‘AGENCY’’; 
(B) by striking ‘‘Not later than’’ and insert-
ing the following: 
‘‘(1) DEFINITION.—In this subsection, the term 
‘covered program’ means a program for which funds 
are appropriated under this division— 
‘‘(A) in an amount that is— 
‘‘(i) more than $2,000,000,000; and 
‘‘(ii) more than 150 percent of the 
funds appropriated for the program for fis-
cal year 2008; or 
‘‘(B) that did not exist before the date of en-
actment of this Act. 
‘‘(2) PLANS.—Not later than July 1, 2010, the 
head of each agency that distributes recovery funds 
shall submit to Congress and make available on the 
website of the agency a plan for each covered pro-
gram, which shall, at a minimum, contain— 
‘‘(A) a description of the goals for the cov-
ered program using recovery funds;
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‘‘(B) a discussion of how the goals described 
in subparagraph (A) relate to the goals for ongo-
ing activities of the covered program, if applica-
ble; 
‘‘(C) a description of the activities that the 
agency will undertake to achieve the goals de-
scribed in subparagraph (A); 
‘‘(D) a description of the total recovery 
funding for the covered program and the recov-
ery funding for each activity under the covered 
program, including identifying whether the ac-
tivity will be carried out using grants, contracts, 
or other types of funding mechanisms; 
‘‘(E) a schedule of milestones for major 
phases of the activities under the covered pro-
gram, with planned delivery dates; 
‘‘(F) performance measures the agency will 
use to track the progress of each of the activities 
under the covered program in meeting the goals 
described in subparagraph (A), including per-
formance targets, the frequency of measurement, 
and a description of the methodology for each 
measure; 
‘‘(G) a description of the process of the 
agency for the periodic review of the progress of
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the covered program towards meeting the goals 
described in subparagraph (A); and 
‘‘(H) a description of how the agency will 
hold program managers accountable for achiev-
ing the goals described in subparagraph (A). 
‘‘(3) REPORTS.— 
‘‘(A) IN GENERAL.—Not later than’’; and 
(C) by adding at the end the following: 
‘‘(B) REPORTS ON PLANS.—Not later than 
30 days after the end of the calendar quarter 
ending September 30, 2010, and every calendar 
quarter thereafter during which the agency obli-
gates or expends recovery funds, the head of each 
agency that developed a plan for a covered pro-
gram under paragraph (2) shall submit to Con-
gress and make available on a website of the 
agency a report for each covered program that— 
‘‘(i) discusses the progress of the agency 
in implementing the plan; 
‘‘(ii) describes the progress towards 
achieving the goals described in paragraph 
(2)(A) for the covered program; 
‘‘(iii) discusses the status of each activ-
ity carried out under the covered program, 
including whether the activity is completed;
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† HR 4213 EAS 
‘‘(iv) details the unobligated and unex-
pired balances and total obligations and 
outlays under the covered program; 
‘‘(v) discusses— 
‘‘(I) whether the covered program 
has met the milestones for the covered 
program 
described 
in 
paragraph 
(2)(E); 
‘‘(II) if the covered program has 
failed to meet the milestones, the rea-
sons why; and 
‘‘(III) any changes in the mile-
stones for the covered program, includ-
ing the reasons for the change; 
‘‘(vi) discusses the performance of the 
covered program, including— 
‘‘(I) whether the covered program 
has met the performance measures for 
the covered program described in para-
graph (2)(F); 
‘‘(II) if the covered program has 
failed to meet the performance meas-
ures, the reasons why; and
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‘‘(III) any trends in information 
relating to the performance of the cov-
ered program; and 
‘‘(vii) evaluates the ability of the cov-
ered program to meet the goals of the cov-
ered program given the performance of the 
covered program.’’; 
(2) in subsection (f)— 
(A) by striking ‘‘Within 180 days’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—Within 180 days’’; and 
(B) by adding at the end the following: 
‘‘(2) PENALTIES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B), (C), and (D), the Attorney General 
may bring a civil action in an appropriate 
United States district court against a recipient 
of recovery funds from an agency that does not 
provide the information required under sub-
section (c) or knowingly provides information 
under subsection (c) that contains a material 
omission or misstatement. In a civil action 
under this paragraph, the court may impose a 
civil penalty on a recipient of recovery funds in 
an amount not more than $250,000. Any
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amounts received from a civil penalty under this 
paragraph shall be deposited in the general fund 
of the Treasury. 
‘‘(B) NOTIFICATION.— 
‘‘(i) IN
GENERAL.—The head of an 
agency shall provide a written notification 
to a recipient of recovery funds from the 
agency that fails to provide the information 
required under subsection (c). A notification 
under this subparagraph shall provide the 
recipient with information on how to com-
ply with the necessary reporting require-
ments and notice of the penalties for failing 
to do so. 
‘‘(ii) LIMITATION.—A court may not 
impose a civil penalty under subparagraph 
(A) relating to the failure to provide infor-
mation required under subsection (c) if, not 
later than 31 days after the date of the noti-
fication under clause (i), the recipient of the 
recovery funds provides the information. 
‘‘(C) CONSIDERATIONS.—In determining the 
amount of a penalty under this paragraph for a 
recipient of recovery funds, a court shall con-
sider—
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† HR 4213 EAS 
‘‘(i) the number of times the recipient 
has failed to provide the information re-
quired under subsection (c); 
‘‘(ii) the amount of recovery funds pro-
vided to the recipient; 
‘‘(iii) whether the recipient is a gov-
ernment, nonprofit entity, or educational 
institution; and 
‘‘(iv) whether the recipient is a small 
business concern (as defined under section 3 
of the Small Business Act (15 U.S.C. 632)), 
with particular consideration given to busi-
nesses with not more than 50 employees. 
‘‘(D) 
APPLICABILITY.—This 
paragraph 
shall apply to any report required to be sub-
mitted on or after the date of enactment of this 
paragraph. 
‘‘(E) NONEXCLUSIVITY.—The imposition of 
a civil penalty under this subsection shall not 
preclude any other criminal, civil, or adminis-
trative remedy available to the United States or 
any other person under Federal or State law. 
‘‘(3) TECHNICAL ASSISTANCE.—Each agency dis-
tributing recovery funds shall provide technical assist-
ance, as necessary, to assist recipients of recovery
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funds in complying with the requirements to provide 
information under subsection (c), which shall include 
providing recipients with a reminder regarding each 
reporting requirement. 
‘‘(4) PUBLIC LISTING.— 
‘‘(A) IN GENERAL.—Not later than 45 days 
after the end of each calendar quarter, and sub-
ject to the notification requirements under para-
graph (2)(B), the Board shall make available on 
the website established under section 1526 a list 
of all recipients of recovery funds that did not 
provide the information required under sub-
section (c) for the calendar quarter. 
‘‘(B) CONTENTS.—A list made available 
under subparagraph (A) shall, for each recipient 
of recovery funds on the list, include the name 
and address of the recipient, the identification 
number for the award, the amount of recovery 
funds awarded to the recipient, a description of 
the activity for which the recovery funds were 
provided, and, to the extent known by the Board, 
the reason for noncompliance. 
‘‘(5) REGULATIONS AND REPORTING.— 
‘‘(A) REGULATIONS.—Not later than 90 
days after the date of enactment of this para-
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graph, the Attorney General, in consultation 
with the Director of the Office of Management 
and Budget and the Chairperson, shall promul-
gate regulations regarding implementation of 
this section. 
‘‘(B) REPORTING.— 
‘‘(i) IN GENERAL.—Not later than July 
1, 2010, and every 3 months thereafter, the 
Director of the Office of Management and 
Budget, in consultation with the Chair-
person, shall submit to Congress a report on 
the extent of noncompliance by recipients of 
recovery funds with the reporting require-
ments under this section. 
‘‘(ii) CONTENTS.—Each report sub-
mitted under clause (i) shall include— 
‘‘(I) information, for the quarter 
and in total, regarding the number 
and amount of civil penalties imposed 
and collected under this subsection, 
sorted by agency and program; 
‘‘(II) information on the steps 
taken by the Federal Government to re-
duce the level of noncompliance; and
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† HR 4213 EAS 
‘‘(III) any other information de-
termined appropriate by the Direc-
tor.’’; and 
(3) by adding at the end the following: 
‘‘(i) 
TERMINATION.—The 
reporting 
requirements 
under this section shall terminate on September 30, 2013.’’. 
SEC. 621. GAO STUDY. 
Not later than 180 days after the date of enactment 
of this Act, the Comptroller General shall report to Congress 
detailing— 
(1) the pattern of job loss in the New England 
and Midwest States over the past 20 years; 
(2) the role of the off-shoring of manufacturing 
jobs in overall job loss in the regions; and 
(3) recommendations to attract industries and 
bring jobs to the region. 
SEC. 622. EXTENSION AND MODIFICATION OF SECTION 45 
CREDIT FOR REFINED COAL FROM STEEL IN-
DUSTRY FUEL. 
(a) CREDIT PERIOD.— 
(1) IN
GENERAL.—Subclause (II) of section 
45(e)(8)(D)(ii) is amended to read as follows: 
‘‘(II) CREDIT PERIOD.—In lieu of 
the 10-year period referred to in 
clauses (i) and (ii)(II) of subpara-
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† HR 4213 EAS 
graph (A), the credit period shall be 
the period beginning on the date that 
the facility first produces steel industry 
fuel that is sold to an unrelated person 
after September 30, 2008, and ending 
2 years after such date.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
45(e)(8)(D) is amended by striking clause (iii) and 
by redesignating clause (iv) as clause (iii). 
(b) EXTENSION OF PLACED-IN-SERVICE DATE.—Sub-
paragraph (A) of section 45(d)(8) is amended— 
(1) by striking ‘‘(or any modification to a facil-
ity)’’, and 
(2) by striking ‘‘2010’’ and inserting ‘‘2011’’. 
(c) CLARIFICATIONS.— 
(1) STEEL INDUSTRY FUEL.—Subclause (I) of 
section 45(c)(7)(C)(i) is amended by inserting ‘‘, a 
blend of coal and petroleum coke, or other coke feed-
stock’’ after ‘‘on coal’’. 
(2) OWNERSHIP INTEREST.—Section 45(d)(8) is 
amended by adding at the end the following new flush 
sentence: 
‘‘With respect to a facility producing steel industry 
fuel, no person (including a ground lessor, customer, 
supplier, or technology licensor) shall be treated as
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† HR 4213 EAS 
having an ownership interest in the facility or as oth-
erwise entitled to the credit allowable under sub-
section (a) with respect to such facility if such per-
son’s rent, license fee, or other entitlement to net pay-
ments from the owner of such facility is measured by 
a fixed dollar amount or a fixed amount per ton, or 
otherwise determined without regard to the profit or 
loss of such facility.’’. 
(3) PRODUCTION AND SALE.—Subparagraph (D) 
of section 45(e)(8), as amended by subsection (a)(2), 
is amended by redesignating clause (iii) as clause (iv) 
and by inserting after clause (ii) the following new 
clause: 
‘‘(iii) PRODUCTION
AND
SALE.—The 
owner of a facility producing steel industry 
fuel shall be treated as producing and sell-
ing steel industry fuel where that owner 
manufactures such steel industry fuel from 
coal, a blend of coal and petroleum coke, or 
other coke feedstock to which it has title. 
The sale of such steel industry fuel by the 
owner of the facility to a person who is not 
the owner of the facility shall not fail to 
qualify as a sale to an unrelated person
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† HR 4213 EAS 
solely because such purchaser may also be a 
ground lessor, supplier, or customer.’’. 
(d) SPECIFIED CREDIT FOR PURPOSES OF ALTER-
NATIVE MINIMUM TAX EXCLUSION.—Subclause (II) of sec-
tion 38(c)(4)(B)(iii) is amended by inserting ‘‘(in the case 
of a refined coal production facility producing steel indus-
try fuel, during the credit period set forth in section 
45(e)(8)(D)(ii)(II))’’ after ‘‘service’’. 
(e) EFFECTIVE DATES.— 
(1) IN
GENERAL.—The amendments made by 
subsections (a), (b), and (d) shall take effect on the 
date of the enactment of this Act. 
(2) CLARIFICATIONS.—The amendments made by 
subsection (c) shall take effect as if included in the 
amendments made by the Energy Improvement and 
Extension Act of 2008. 
SEC. 623. MODIFICATIONS TO MINE RESCUE TEAM TRAIN-
ING CREDIT AND ELECTION TO EXPENSE AD-
VANCED MINE SAFETY EQUIPMENT. 
(a) MINE RESCUE TEAM TRAINING CREDIT ALLOW-
ABLE
AGAINST
AMT.—Subparagraph (B) of section 
38(c)(4) is amended— 
(1) by redesignating clauses (vi), (vii), and (viii) 
as clauses (vii), (viii), and (ix), respectively, and
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† HR 4213 EAS 
(2) by inserting after clause (v) the following 
new clause: 
‘‘(vi) the credit determined under sec-
tion 45N,’’. 
(b) ELECTION TO EXPENSE ADVANCED MINE SAFETY 
EQUIPMENT ALLOWABLE AGAINST AMT.—Subparagraph 
(C) of section 56(g)(4) is amended by adding at the end 
the following new clause: 
‘‘(vii) SPECIAL
RULE
FOR
ELECTION 
TO
EXPENSE
ADVANCED
MINE
SAFETY 
EQUIPMENT.—Clause (i) shall not apply to 
amounts deductible under section 179E.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2009. 
SEC. 624. APPLICATION OF CONTINUOUS LEVY TO EMPLOY-
MENT TAX LIABILITY OF CERTAIN FEDERAL 
CONTRACTORS. 
(a) IN GENERAL.—Section 6330(h) is amended by in-
serting ‘‘or if the person subject to the levy (or any prede-
cessor thereof) is a Federal contractor that was identified 
as owing such employment taxes through the Federal Pay-
ment Levy Program’’ before the period at the end of the 
first sentence.
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(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply to levies issued after December 31, 2010. 
TITLE VII—DETERMINATION OF 
BUDGETARY EFFECTS 
SEC. 701. DETERMINATION OF BUDGETARY EFFECTS. 
(a) IN GENERAL.—The budgetary effects of this Act, 
for the purpose of complying with the Statutory Pay-As- 
You-Go-Act of 2010, shall be determined by reference to the 
latest statement titled ‘‘Budgetary Effects of PAYGO Legis-
lation’’ for this Act, submitted for printing in the Congres-
sional Record by the Chairman of the Senate Budget Com-
mittee, provided that such statement has been submitted 
prior to the vote on passage. 
(b) EMERGENCY DESIGNATION.—Sections 201, 211, 
and 232 of this Act are designated as an emergency require-
ment pursuant to section 4(g) of the Statutory Pay-As-You- 
Go Act of 2010 (Public Law 111–139; 2 U.S.C. 933(g)) and 
section 403(a) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. In 
the House of Representatives, sections 201, 211, and 232
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† HR 4213 EAS 
of this Act are designated as an emergency for purposes of 
pay-as-you-go principles. 
Attest: 
Secretary.