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About This Legislation:
- Directs the Secretary of Health and Human Services to invest in
the infrastructure necessary to allow for and promote the electronic
exchange and use of health information for each individual in the
United States, consistent with the goals outlined in the Strategic
Plan developed by the Office of the National Coordinator for Health
Information Technology.
- Health Information Technology for Economic and Clinical
Health Act or the HITECH Act - Amends the Public Health Service
Act to establish the Office of the National Coordinator for
Health Information Technology.
- Sets forth provisions governing the development and adoption
of a nationwide health information technology infrastructure
that allows for the electronic use and exchange of information.
- Amends SSA title XVIII (Medicare) to establish incentive
payments for certain eligible physicians and hospitals that
adopt and use certified electronic health record (EHR)
technology meaningfully, beginning in FY2011.
- Amends SSA title XIX (Medicaid) to establish incentive
payments to encourage the adoption and use by Medicaid providers
of qualified electronic health records.
- Directs the Secretary of Health and Human Services to
establish a grant program to enhance the meaningful use of
certified electronic health records in nursing facilities.
- Sets forth provisions governing the privacy and security of
health information, including requiring notifications for any
breach of protected health information.
AMDT. NO. 570
AMENDMENT NO. 570
Purpose: In the nature of a
substitute.
IN THE SENATE OF THE UNITED
STATES--111th Cong., 1st Sess.
H. R. 1
Making supplemental appropriations
for job preservation and creation,
infrastructure investment, energy efficiency
and science, assistance to the unemployed,
and State and local fiscal stabilization,
for the fiscal year ending September 30,
2009, and for other purposes.
February 7, 2009
Ordered to lie on the table and to be
printed
Intended to be proposed by Ms.
COLLINS (for herself and Mr. NELSON of
Nebraska)
Viz:
Strike out all after the enacting clause
and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the `American
Recovery and Reinvestment Act of 2009'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as
follows:
DIVISION A--APPROPRIATIONS PROVISIONS
TITLE I--AGRICULTURE, RURAL
DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
TITLE II--COMMERCE, JUSTICE,
SCIENCE, AND RELATED AGENCIES
TITLE III--DEPARTMENT OF DEFENSE
TITLE IV--ENERGY AND WATER
DEVELOPMENT
TITLE V--FINANCIAL SERVICES AND
GENERAL GOVERNMENT
TITLE VI--DEPARTMENT OF HOMELAND
SECURITY
TITLE VII--INTERIOR, ENVIRONMENT,
AND RELATED AGENCIES
TITLE VIII--DEPARTMENTS OF LABOR,
HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES
TITLE IX--LEGISLATIVE BRANCH
TITLE X--MILITARY CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED
AGENCIES
TITLE XI--STATE, FOREIGN OPERATIONS,
AND RELATED PROGRAMS
TITLE XII--TRANSPORTATION, HOUSING
AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
TITLE XIII--HEALTH INFORMATION
TECHNOLOGY
TITLE XIV--STATE FISCAL
STABILIZATION
TITLE XV--RECOVERY ACCOUNTABILITY
AND TRANSPARENCY BOARD AND RECOVERY
INDEPENDENT ADVISORY PANEL
TITLE XVI--GENERAL PROVISIONS--THIS
ACT
DIVISION B--TAX, UNEMPLOYMENT, HEALTH,
STATE FISCAL RELIEF, AND OTHER PROVISIONS
TITLE II--ASSISTANCE FOR UNEMPLOYED
WORKERS AND STRUGGLING FAMILIES
TITLE III--HEALTH INSURANCE
ASSISTANCE
TITLE IV--HEALTH INFORMATION
TECHNOLOGY
TITLE V--STATE FISCAL RELIEF
SEC. 3. REFERENCES.
Except as expressly provided otherwise,
any reference to `this Act' contained in
any division of this Act shall be
treated as referring only to the
provisions of that division.
DIVISION A--APPROPRIATIONS
PROVISIONS
That the following sums are
appropriated, out of any money in the
Treasury not otherwise appropriated, for
the fiscal year ending September 30,
2009, and for other purposes, namely:
TITLE I--AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES
DEPARTMENT OF AGRICULTURE
Office of the Secretary
(including transfers of funds)
For an additional amount for the `Office
of the Secretary', $200,000,000, to
remain available until September 30,
2010: Provided, That the
Secretary may transfer these funds to
agencies of the Department, other than
the Forest Service, for necessary
replacement, modernization, or upgrades
of laboratories or other facilities to
improve workplace safety and
mission-area efficiencies as deemed
appropriate by the Secretary:
Provided further, that the
Secretary shall provide to the
Committees on Appropriations of the
House and Senate a plan on the
allocation of these funds no later than
60 days after the date of enactment of
this Act.
office of inspector general
For an additional amount for `Office of
Inspector General', $5,000,000, to
remain available until September 30,
2011, for oversight and audit of
programs, grants, and activities funded
under this title and an additional
$17,500,000 for such purposes, to remain
available until September 30, 2011.
Cooperative State Research, Education
and Economic Service
research and education activities
For an additional amount for competitive
grants authorized at 7 U.S.C. 450(i)(b),
$50,000,000, to remain available until
September 30, 2010.
Farm Service Agency
agricultural credit insurance fund
program account
For an additional amount for gross
obligations for the principal amount of
direct and guaranteed farm ownership (7
U.S.C 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, to be
available from funds in the Agricultural
Credit Insurance Fund Program Account,
as follows: farm ownership loans,
$400,000,000 of which $100,000,000 shall
be for unsubsidized guaranteed loans and
$300,000,000 shall be for direct loans;
and operating loans, $250,000,000 of
which $50,000,000 shall be for
unsubsidized guaranteed loans and
$200,000,000 shall be for direct loans.
For an additional amount for the cost of
direct and guaranteed loans, including
the cost of modifying loans, as defined
in section 502 of the Congressional
Budget Act of 1974, to remain available
until September 30, 2010, as follows:
farm ownership loans, $17,530,000 of
which $330,000 shall be for unsubsidized
guaranteed loans and $17,200,000 shall
be for direct loans; and operating
loans, $24,900,000 of which $1,300,000
shall be for unsubsidized guaranteed
loans and $23,600,000 shall be for
direct loans.
Funds appropriated by this Act to the
Agricultural Credit Insurance Fund
Program Account for farm ownership,
operating, and emergency direct loans
and unsubsidized guaranteed loans may be
transferred among these programs:
Provided, That the Committees on
Appropriations of both Houses of
Congress are notified at least 15 days
in advance of any transfer.
Natural Resources Conservation Service
watershed and flood prevention
operations
For an additional amount for `Watershed
and Flood Prevention Operations',
$275,000,000, to remain available until
September 30, 2010.
watershed rehabilitation program
For an additional amount for the
`Watershed Rehabilitation Program',
$65,000,000, to remain available until
September 30, 2010.
rural development salaries and expenses
For an additional amount for `Rural
Development, Salaries and Expenses',
$80,000,000, to remain available until
September 30, 2010.
Rural Housing Service
rural housing insurance program account
For an additional amount for gross
obligations for the principal amount of
direct and guaranteed loans as
authorized by title V of the Housing Act
of 1949, to be available from funds in
the Rural Housing Insurance Fund Program
Account, as follows: $1,000,000,000 for
section 502 direct loans; and
$10,472,000,000 for section 502
unsubsidized guaranteed loans.
For an additional amount for the cost of
direct and guaranteed loans, including
the cost of modifying loans, as defined
in section 502 of the Congressional
Budget Act of 1974, to remain available
until September 30, 2010, as follows:
$67,000,000 for section 502 direct
loans; and $133,000,000 for section 502
unsubsidized guaranteed loans.
rural community facilities program
account
For an additional amount for the cost of
direct loans, loan guarantees, and
grants for rural community facilities
programs as authorized by section 306
and described in section 381E(d)(1) of
the Consolidated Farm and Rural
Development Act, $127,000,000, to remain
available until September 30, 2010.
Rural Business--cooperative Service
rural business program account
For an additional amount for the cost of
guaranteed loans and grants as
authorized by sections 310B(a)(2)(A) and
310B(c) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932),
$150,000,000, to remain available until
September 30, 2010.
biorefinery assistance
For the cost of loan guarantees and
grants, as authorized by section 9003 of
the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8103),
$200,000,000, to remain available until
September 30, 2010.
rural energy for america program
For an additional amount for the cost of
loan guarantees and grants, as
authorized by section 9007 of the Farm
Security and Rural Investment Act of
2002 (7 U.S.C. 8107), $50,000,000, to
remain available until September 30,
2010: Provided, That these
funds may be used by tribes, local units
of government, and schools in rural
areas, as defined in section 343(a) of
the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)).
Rural Utilities Service
rural water and waste disposal program
account
For an additional amount for the cost of
direct loans, loan guarantees, and
grants for the rural water, waste water,
waste disposal, and solid waste
management programs authorized by
sections 306, 306A, 306C, 306D, and 310B
and described in sections 306C(a)(2),
306D, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act,
$1,375,000,000, to remain available
until September 30, 2010.
distance learning, telemedicine, and
broadband program account
For an additional amount for direct
loans and grants for distance learning
and telemedicine services in rural
areas, as authorized by 7 U.S.C. 950aaa,
et seq., $100,000,000, to remain
available until September 30, 2010.
Food and Nutrition Service
child nutrition programs
For additional amount for the Richard B.
Russell National School Lunch Act (42
U.S.C. 1751 et. seq.), except section
21, and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et. seq.), except
sections 17 and 21, $100,000,000, to
remain available until September 30,
2010, to carry out a grant program for
National School Lunch Program equipment
assistance: Provided, That such
funds shall be provided to States
administering a school lunch program
through a formula based on the ratio
that the total number of lunches served
in the Program during the second
preceding fiscal year bears to the total
number of such lunches served in all
States in such second preceding fiscal
year: Provided further, That of
such funds, the Secretary may approve
the reserve by States of up to
$20,000,000 for necessary enhancements
to the State Distributing Agency's
commodity ordering and management system
to achieve compatibility with the
Department's web-based supply chain
management system: Provided further,
That of the funds remaining, the State
shall provide competitive grants to
school food authorities based upon the
need for equipment assistance in
participating schools with priority
given to schools in which not less than
50 percent of the students are eligible
for free or reduced price meals under
the Richard B. Russell National School
Lunch Act and priority given to schools
purchasing equipment for the purpose of
offering more healthful foods and meals,
in accordance with standards established
by the Secretary.
special supplemental nutrition program
for women, infants, and children (wic)
For an additional amount for the special
supplemental nutrition program as
authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786),
to remain available until September 30,
2010, $500,000,000, of which
$380,000,000 shall be placed in reserve
to be allocated as the Secretary deems
necessary, notwithstanding section 17(i)
of such Act, to support participation
should cost or participation exceed
budget estimates, and of which
$120,000,000 shall be for the purposes
specified in section 17(h)(10)(B)(ii):
Provided, That up to one
percent of the funding provided for the
purposes specified in section
17(h)(10)(B)(ii) may be reserved by the
Secretary for Federal administrative
activities in support of those purposes.
commodity assistance program
For an additional amount for the
`Commodity Assistance Program', to
remain available until September 30,
2010, $150,000,000, which the Secretary
shall use to purchase a variety of
commodities as authorized by the
Commodity Credit Corporation or under
section 32 of the Act entitled `An Act
to amend the Agricultural Adjustment
Act, and for other purposes', approved
August 24, 1935 (7 U.S.C. 612c):
Provided, That the Secretary shall
distribute the commodities to States for
distribution in accordance with section
214 of the Emergency Food Assistance Act
of 1983 (Public Law 98-8; 7 U.S.C. 612c
note): Provided further, That
of the funds made available, the
Secretary may use up to $50,000,000 for
costs associated with the distribution
of commodities.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. Funds appropriated by this Act
and made available to the United States
Department of Agriculture for broadband
direct loans and loan guarantees, as
authorized under title VI of the Rural
Electrification Act of 1936 (7 U.S.C.
950bb) and for grants, shall be
available for broadband infrastructure
in any area of the United States
notwithstanding title VI of the Rural
Electrification Act of 1936:
Provided, That at least 75 percent
of the area served by the projects
receiving funds from such grants, loans,
or loan guarantees is in a rural area
without sufficient access to high speed
broadband service to facilitate rural
economic development, as determined by
the Secretary: Provided further,
That priority for awarding funds made
available under this paragraph shall be
given to projects that provide service
to the highest proportion of rural
residents that do not have sufficient
access to broadband service:
Provided further, That priority for
awarding such funds shall be given to
project applications that demonstrate
that, if the application is approved,
all project elements will be fully
funded: Provided further, That
priority for awarding such funds shall
be given to activities that can commence
promptly following approval:
Provided further, That the
Department shall submit a report on
planned spending and actual obligations
describing the use of these funds not
later than 90 days after the date of
enactment of this Act, and quarterly
thereafter until all funds are
obligated, to the Committees on
Appropriations of the House of
Representatives and the Senate.
Sec. 102. Nutrition for Economic
Recovery.
(a) Maximum Benefit Increases-
(1) ECONOMIC RECOVERY 1-MONTH
BEGINNING STIMULUS PAYMENT- For the
first month that begins not less
than 25 days after the date of
enactment of this Act, the Secretary
of Agriculture (referred to in this
section as the `Secretary') shall
increase the cost of the thrifty
food plan for purposes of section
8(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2017(a)) by 85
percent.
(2) REMAINDER OF FISCAL YEAR 2009-
Beginning with the second month that
begins not less than 25 days after
the date of enactment of this Act,
and for each subsequent month
through the month ending September
30, 2009, the Secretary shall
increase the cost of the thrifty
food plan for purposes of section
8(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2017(a)) by 12
percent.
(3) SUBSEQUENT INCREASE FOR FISCAL
YEAR 2010- Beginning on October 1,
2009, and for each subsequent month
through the month ending September
30, 2010, the Secretary shall
increase the cost of the thrifty
food plan for purposes of section
8(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2017(a)) by an
amount equal to 12 percent, less the
percentage by which the Secretary
determines the thrifty food plan
would otherwise be adjusted on
October 1, 2009, as required under
section 3(u) of that Act (7 U.S.C.
2012(u)), if the percentage is less
than 12 percent.
(4) SUBSEQUENT INCREASE FOR FISCAL
YEAR 2011- Beginning on October 1,
2010, and for each subsequent month
through the month ending September
30, 2011, the Secretary shall
increase the cost of the thrifty
food plan for purposes of section
8(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2017(a)) by an
amount equal to 12 percent, less the
sum of the percentages by which the
Secretary determines the thrifty
food plan would otherwise be
adjusted on October 1, 2009 and
October 1, 2010, as required under
section 3(u) of that Act (7 U.S.C.
2012(u)), if the sum of such
percentages is less than 12 percent.
(5) TERMINATION OF EFFECTIVENESS-
Effective beginning October 1, 2011,
the authority provided by this
subsection terminates and has no
effect.
(b) Administration- In carrying out this
section, the Secretary shall--
(1) consider the benefit increases
described in subsection (a) to be a
mass change;
(2) require a simple process for
States to notify households of the
changes in benefits;
(3) consider section 16(c)(3)(A) of
the Food and Nutrition Act of 2008
(7 U.S.C. 2025(c)(3)(A)) to apply to
any errors in the implementation of
this section, without regard to the
120-day limit described in section
16(c)(3)(A) of that Act;
(4) disregard the additional amount
of benefits that a household
receives as a result of this section
in determining the amount of
overissuances under section 13 of
the Food and Nutrition Act of 2008
(7 U.S.C. 2022) and the hours of
participation in a program under
section 6(d), 20, or 26 of that Act
(7 U.S.C. 2015(d), 2029, 2035); and
(5) set the tolerance level for
excluding small errors for the
purposes of section 16(c) of the
Food and Nutrition Act of 2008 (7
U.S.C. 2025(c)) at $50 for the
period that the benefit increase
under subsection (a) is in effect.
(c) Administrative Expenses-
(1) IN GENERAL- For the costs of
State administrative expenses
associated with carrying out this
section and administering the
supplemental nutrition assistance
program established under the Food
and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) (referred to in this
section as the `supplemental
nutrition assistance program')
during a period of rising program
caseloads, and for the expenses of
the Secretary under paragraph (6),
the Secretary shall make available
$150,000,000 for each of fiscal
years 2009 and 2010, to remain
available through September 30,
2010.
(2) TIMING FOR FISCAL YEAR 2009- Not
later than 60 days after the date of
enactment of this Act, the Secretary
shall make available to States
amounts for fiscal year 2009 under
paragraph (1).
(3) ALLOCATION OF FUNDS- Except as
provided in paragraph (6), funds
described in paragraph (1) shall be
made available to States that meet
the requirements of paragraph (5) as
grants to State agencies for each
fiscal year as follows:
(A) 75 percent of the amounts
available for each fiscal year
shall be allocated to States
based on the share of each State
of households that participate
in the supplemental nutrition
assistance program as reported
to the Department of Agriculture
for the most recent 12-month
period for which data are
available, adjusted by the
Secretary (in the discretion of
the Secretary) for participation
in disaster programs under
section 5(h) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2014(h)); and
(B) 25 percent of the amounts
available for each fiscal year
shall be allocated to States
based on the increase in the
number of households that
participate in the supplemental
nutrition assistance program as
reported to the Department of
Agriculture over the most recent
12-month period for which data
are available, adjusted by the
Secretary (in the discretion of
the Secretary) for participation
in disaster programs under
section 5(h) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2014(h)).
(4) REDISTRIBUTION- The Secretary
shall determine an appropriate
procedure for redistribution of
amounts allocated to States that
would otherwise be provided
allocations under paragraph (3) for
a fiscal year but that do not meet
the requirements of paragraph (5).
(5) MAINTENANCE OF EFFORT-
(A) DEFINITION OF SPECIFIED
STATE ADMINISTRATIVE COSTS- In
this paragraph:
(i) IN GENERAL- The term
`specified State
administrative costs'
includes all State
administrative costs under
the supplemental nutrition
assistance program.
(ii) EXCLUSIONS- The term
`specified State
administrative costs' does
not include--
(I) the costs of
employment and training
programs under section
6(d), 20, or 26 of the
Food and Nutrition Act
of 2008 (7 U.S.C.
2015(d), 2029, 2035);
(II) the costs of
nutrition education
under section 11(f) of
that Act (7 U.S.C.
2020(f)); and
(III) any other costs
the Secretary determines
should be excluded.
(B) REQUIREMENT- The Secretary
shall make funds under this
subsection available only to
States that, as determined by
the Secretary, maintain State
expenditures on specified State
administrative costs.
(6) MONITORING AND EVALUATION- Of
the amounts made available under
paragraph (1), the Secretary may
retain up to $5,000,000 for the
costs incurred by the Secretary in
monitoring the integrity and
evaluating the effects of the
payments made under this section.
(d) Food Distribution Program on Indian
Reservations- For the costs of
administrative expenses associated with
the food distribution program on Indian
reservations established under section
4(b) of the Food and Nutrition Act of
2008 (7 U.S.C. 2013(b)), the Secretary
shall make available $5,000,000, to
remain available until September 30,
2010.
(e) Consolidated Block Grants for Puerto
Rico and American Samoa-
(A) IN GENERAL- For fiscal year
2009, the Secretary shall
increase by 12 percent the
amount available for nutrition
assistance for eligible
households under the
consolidated block grants for
the Commonwealth of Puerto Rico
and American Samoa under section
19 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2028).
(B) AVAILABILITY OF FUNDS- Funds
made available under
subparagraph (A) shall remain
available through September 30,
2010.
(2) FISCAL YEAR 2010- For fiscal
year 2010, the Secretary shall
increase the amount available for
nutrition assistance for eligible
households under the consolidated
block grants for the Commonwealth of
Puerto Rico and American Samoa under
section 19 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2028) by 12
percent, less the percentage by
which the Secretary determines the
consolidated block grants would
otherwise be adjusted on October 1,
2009, as required by section
19(a)(2)(A)(ii) of that Act (7
U.S.C. 2028(a)(2)(A)(ii)), if the
percentage is less than 12 percent.
(3) FISCAL YEAR 2011- For fiscal
year 2011, the Secretary shall
increase the amount available for
nutrition assistance for eligible
households under the consolidated
block grants for the Commonwealth of
Puerto Rico and American Samoa under
section 19 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2028) by 12
percent, less the sum of the
percentages by which the Secretary
determines the consolidated block
grants would otherwise be adjusted
on October 1, 2009, and October 1,
2010, as required by section
19(a)(2)(A)(ii) of that Act (7
U.S.C. 2028(a)(2)(A)(ii)), if the
sum of the percentages is less than
12 percent.
(f) Treatment of Jobless Workers-
(1) REMAINDER OF FISCAL YEAR 2009
THROUGH FISCAL YEAR 2011- Beginning
with the first month that begins not
less than 25 days after the date of
enactment of this Act and for each
subsequent month through September
30, 2011, eligibility for
supplemental nutrition assistance
program benefits shall not be
limited under section 6(o)(2) of the
Food and Nutrition Act of 2008
unless an individual does not comply
with the requirements of a program
offered by the State agency that
meets the standards of subparagraphs
(B) or (C) of that paragraph.
(2) FISCAL YEAR 2012 AND THEREAFTER-
Beginning on October 1, 2011, for
the purposes of section 6(o) of the
Food and Nutrition Act of 2008 (7
U.S.C. 2015(o)), a State agency
shall disregard any period during
which an individual received
benefits under the supplemental
nutrition assistance program prior
to October 1, 2011.
(g) Funding- There are appropriated to
the Secretary out of funds of the
Treasury not otherwise appropriated such
sums as are necessary to carry out this
section.
Sec. 103. Agricultural Disaster
Assistance Transition. (a) Federal Crop
Insurance Act- Section 531(g) of the
Federal Crop Insurance Act (7 U.S.C.
1531(g)) is amended by adding at the end
the following:
`(7) 2008 TRANSITION ASSISTANCE-
`(A) IN GENERAL- Eligible
producers on a farm described in
subparagraph (A) of paragraph
(4) that failed to timely pay
the appropriate fee described in
that subparagraph shall be
eligible for assistance under
this section in accordance with
subparagraph (B) if the eligible
producers on the farm--
`(i) pay the appropriate fee
described in paragraph
(4)(A) not later than 90
days after the date of
enactment of this paragraph;
and
`(ii)(I) in the case of each
insurable commodity of the
eligible producers on the
farm, excluding grazing
land, agree to obtain a
policy or plan of insurance
under subtitle A (excluding
a crop insurance pilot
program under that subtitle)
for the next insurance year
for which crop insurance is
available to the eligible
producers on the farm at a
level of coverage equal to
70 percent or more of the
recorded or appraised
average yield indemnified at
100 percent of the expected
market price, or an
equivalent coverage; and
`(II) in the case of each
noninsurable commodity of
the eligible producers on
the farm, agree to file the
required paperwork, and pay
the administrative fee by
the applicable State filing
deadline, for the noninsured
crop assistance program for
the 2009 crop year.
`(B) AMOUNT OF ASSISTANCE-
Eligible producers on a farm
that meet the requirements of
subparagraph (A) shall be
eligible to receive assistance
under this section as if the
eligible producers on the farm--
`(i) in the case of each
insurable commodity of the
eligible producers on the
farm, had obtained a policy
or plan of insurance for the
2008 crop year at a level of
coverage not to exceed 70
percent or more of the
recorded or appraised
average yield indemnified at
100 percent of the expected
market price, or an
equivalent coverage; and
`(ii) in the case of each
noninsurable commodity of
the eligible producers on
the farm, had filed the
required paperwork, and paid
the administrative fee by
the applicable State filing
deadline, for the noninsured
crop assistance program for
the 2008 crop year, except
that in determining yield
under that program, the
Secretary shall use a
percentage that is 70
percent.
`(C) EQUITABLE RELIEF- Except as
provided in subparagraph (D),
eligible producers on a farm
that met the requirements of
paragraph (1) before the
deadline described in paragraph
(4)(A) and received, or are
eligible to receive, a disaster
assistance payment under this
section for a production loss
during the 2008 crop year shall
be eligible to receive an
additional amount equal to the
greater of--
`(i) the amount that would
have been calculated under
subparagraph (B) if the
eligible producers on the
farm had paid the
appropriate fee under that
subparagraph; or
`(ii) the amount that would
have been calculated under
subparagraph (A) of
subsection (b)(3) if--
`(I) in clause (i) of
that subparagraph, `120
percent' is substituted
for `115 percent'; and
`(II) in clause (ii) of
that subparagraph, `125'
is substituted for `120
percent'.
`(D) LIMITATION- For amounts
made available under this
paragraph, the Secretary may
make such adjustments as are
necessary to ensure that no
producer receives a payment
under this paragraph for an
amount in excess of the
assistance received by a
similarly situated producer that
had purchased the same or higher
level of crop insurance prior to
the date of enactment of this
paragraph.
`(E) AUTHORITY OF THE SECRETARY-
The Secretary may provide such
additional assistance as the
Secretary considers appropriate
to provide equitable treatment
for eligible producers on a farm
that suffered production losses
in the 2008 crop year that
result in multiyear production
losses, as determined by the
Secretary.
`(F) LACK OF ACCESS-
Notwithstanding any other
provision of this section, the
Secretary may provide assistance
under this section to eligible
producers on a farm that--
`(i) suffered a production
loss due to a natural cause
during the 2008 crop year;
and
`(ii) as determined by the
Secretary--
`(I)(aa) except as
provided in item (bb),
lack access to a policy
or plan of insurance
under subtitle A; or
`(bb) do not qualify for
a written agreement
because 1 or more
farming practices, which
the Secretary has
determined are good
farming practices, of
the eligible producers
on the farm differ
significantly from the
farming practices used
by producers of the same
crop in other regions of
the United States; and
`(II) are not eligible
for the noninsured crop
disaster assistance
program established by
section 196 of the
Federal Agriculture
Improvement and Reform
Act of 1996 (7 U.S.C.
7333).'.
(b) Trade Act of 1974- Section 901(g) of
the Trade Act of 1974 (19 U.S.C.
2497(g)) is amended by adding at the end
the following:
`(7) 2008 TRANSITION ASSISTANCE-
`(A) IN GENERAL- Eligible
producers on a farm described in
subparagraph (A) of paragraph
(4) that failed to timely pay
the appropriate fee described in
that subparagraph shall be
eligible for assistance under
this section in accordance with
subparagraph (B) if the eligible
producers on the farm--
`(i) pay the appropriate fee
described in paragraph
(4)(A) not later than 90
days after the date of
enactment of this paragraph;
and
`(ii)(I) in the case of each
insurable commodity of the
eligible producers on the
farm, excluding grazing
land, agree to obtain a
policy or plan of insurance
under the Federal Crop
Insurance Act (7 U.S.C. 1501
et seq.) (excluding a crop
insurance pilot program
under that Act) for the next
insurance year for which
crop insurance is available
to the eligible producers on
the farm at a level of
coverage equal to 70 percent
or more of the recorded or
appraised average yield
indemnified at 100 percent
of the expected market
price, or an equivalent
coverage; and
`(II) in the case of each
noninsurable commodity of
the eligible producers on
the farm, agree to file the
required paperwork, and pay
the administrative fee by
the applicable State filing
deadline, for the noninsured
crop assistance program for
the 2009 crop year.
`(B) AMOUNT OF ASSISTANCE-
Eligible producers on a farm
that meet the requirements of
subparagraph (A) shall be
eligible to receive assistance
under this section as if the
eligible producers on the farm--
`(i) in the case of each
insurable commodity of the
eligible producers on the
farm, had obtained a policy
or plan of insurance for the
2008 crop year at a level of
coverage not to exceed 70
percent or more of the
recorded or appraised
average yield indemnified at
100 percent of the expected
market price, or an
equivalent coverage; and
`(ii) in the case of each
noninsurable commodity of
the eligible producers on
the farm, had filed the
required paperwork, and paid
the administrative fee by
the applicable State filing
deadline, for the noninsured
crop assistance program for
the 2008 crop year, except
that in determining yield
under that program, the
Secretary shall use a
percentage that is 70
percent.
`(C) EQUITABLE RELIEF- Except as
provided in subparagraph (D),
eligible producers on a farm
that met the requirements of
paragraph (1) before the
deadline described in paragraph
(4)(A) and received, or are
eligible to receive, a disaster
assistance payment under this
section for a production loss
during the 2008 crop year shall
be eligible to receive an
additional amount equal to the
greater of--
`(i) the amount that would
have been calculated under
subparagraph (B) if the
eligible producers on the
farm had paid the
appropriate fee under that
subparagraph; or
`(ii) the amount that would
have been calculated under
subparagraph (A) of
subsection (b)(3) if--
`(I) in clause (i) of
that subparagraph, `120
percent' is substituted
for `115 percent'; and
`(II) in clause (ii) of
that subparagraph, `125'
is substituted for `120
percent'.
`(D) LIMITATION- For amounts
made available under this
paragraph, the Secretary may
make such adjustments as are
necessary to ensure that no
producer receives a payment
under this paragraph for an
amount in excess of the
assistance received by a
similarly situated producer that
had purchased the same or higher
level of crop insurance prior to
the date of enactment of this
paragraph.
`(E) AUTHORITY OF THE SECRETARY-
The Secretary may provide such
additional assistance as the
Secretary considers appropriate
to provide equitable treatment
for eligible producers on a farm
that suffered production losses
in the 2008 crop year that
result in multiyear production
losses, as determined by the
Secretary.
`(F) LACK OF ACCESS-
Notwithstanding any other
provision of this section, the
Secretary may provide assistance
under this section to eligible
producers on a farm that--
`(i) suffered a production
loss due to a natural cause
during the 2008 crop year;
and
`(ii) as determined by the
Secretary--
`(I)(aa) except as
provided in item (bb),
lack access to a policy
or plan of insurance
under subtitle A; or
`(bb) do not qualify for
a written agreement
because 1 or more
farming practices, which
the Secretary has
determined are good
farming practices, of
the eligible producers
on the farm differ
significantly from the
farming practices used
by producers of the same
crop in other regions of
the United States; and
`(II) are not eligible
for the noninsured crop
disaster assistance
program established by
section 196 of the
Federal Agriculture
Improvement and Reform
Act of 1996 (7 U.S.C.
7333).'.
(1) IN GENERAL- For the principal
amount of direct emergency loans
under section 321 of the
Consolidated Farm and Rural
Development Act (7 U.S.C. 1961),
$200,000,000.
(2) DIRECT EMERGENCY LOANS- For the
cost of direct emergency loans,
including the cost of modifying
loans, as defined in section 502 of
the Congressional Budget Act of 1974
(2 U.S.C. 661a), $28,440,000, to
remain available until September 30,
2010.
(d) 2008 Aquaculture Assistance-
(1) DEFINITIONS- In this subsection:
(A) ELIGIBLE AQUACULTURE
PRODUCER- The term `eligible
aquaculture producer' means an
aquaculture producer that during
the 2008 calendar year, as
determined by the Secretary--
(i) produced an aquaculture
species for which feed costs
represented a substantial
percentage of the input
costs of the aquaculture
operation; and
(ii) experienced a
substantial price increase
of feed costs above the
previous 5-year average.
(B) SECRETARY- The term
`Secretary' means the Secretary
of Agriculture.
(A) IN GENERAL- Of the funds of
the Commodity Credit
Corporation, the Secretary shall
use not more than $50,000,000,
to remain available until
September 30, 2010, to carry out
a program of grants to States to
assist eligible aquaculture
producers for losses associated
with high feed input costs
during the 2008 calendar year.
(B) NOTIFICATION- Not later than
60 days after the date of
enactment of this Act, the
Secretary shall notify the State
department of agriculture (or
similar entity) in each State of
the availability of funds to
assist eligible aquaculture
producers, including such terms
as determined by the Secretary
to be necessary for the
equitable treatment of eligible
aquaculture producers.
(i) IN GENERAL- The
Secretary shall make grants
to States under this
subsection on a pro rata
basis based on the amount of
aquaculture feed used in
each State during the 2007
calendar year, as determined
by the Secretary.
(ii) TIMING- Not later than
120 days after the date of
enactment of this Act, the
Secretary shall make grants
to States to provide
assistance under this
subsection.
(D) REQUIREMENTS- The Secretary
shall make grants under this
subsection only to States that
demonstrate to the satisfaction
of the Secretary that the State
will--
(i) use grant funds to
assist eligible aquaculture
producers;
(ii) provide assistance to
eligible aquaculture
producers not later than 60
days after the date on which
the State receives grant
funds; and
(iii) not later than 30 days
after the date on which the
State provides assistance to
eligible aquaculture
producers, submit to the
Secretary a report that
describes--
(I) the manner in which
the State provided
assistance;
(II) the amounts of
assistance provided per
species of aquaculture;
and
(III) the process by
which the State
determined the levels of
assistance to eligible
aquaculture producers.
(3) REDUCTION IN PAYMENTS- An
eligible aquaculture producer that
receives assistance under this
subsection shall not be eligible to
receive any other assistance under
the supplemental agricultural
disaster assistance program
established under section 531 of the
Federal Crop Insurance Act (7 U.S.C.
1531) and section 901 of the Trade
Act of 1974 (19 U.S.C. 2497) for any
losses in 2008 relating to the same
species of aquaculture.
(4) REPORT TO CONGRESS- Not later
than 180 days after the date of
enactment of this Act, the Secretary
shall submit to the appropriate
committees of Congress a report
that--
(A) describes in detail the
manner in which this subsection
has been carried out; and
(B) includes the information
reported to the Secretary under
paragraph (2)(D)(iii).
(e) Administration- There is hereby
appropriated $54,000,000 to carry out
this section.
Sec. 104. (a) Hereafter, in this
section, the term `nonambulatory
disabled cattle' means cattle, other
than cattle that are less than 5 months
old or weigh less than 500 pounds,
subject to inspection under section 3(b)
of the Federal Meat Inspection Act (21
U.S.C. 603(b)) that cannot rise from a
recumbent position or walk, including
cattle with a broken appendage, severed
tendon or ligament, nerve paralysis,
fractured vertebral column, or a
metabolic condition.
(b) Hereafter, none of the funds made
available under this or any other Act
may be used to pay the salaries or
expenses of any personnel of the Food
Safety and Inspection Service to pass
through inspection any nonambulatory
disabled cattle for use as human food,
regardless of the reason for the
nonambulatory status of the cattle or
the time at which the cattle became
nonambulatory.
Sec. 105. State and Local Governments.
Section 1001(f)(6)(A) of the Food
Security Act of 1985 (7 U.S.C.
1308(f)(6)(A)) is amended by inserting
`(other than the conservation reserve
program established under subchapter B
of chapter 1 of subtitle D of title XII
of this Act)' before the period at the
end.
Sec. 106. Except for title I of the
Food, Conservation, and Energy Act of
2008 (Public Law 110-246), Commodity
Credit Corporation funds provided in
that Act shall be available for
administrative expenses, including
technical assistance, without regard to
the limitation in 15 U.S.C. 714i.
TITLE II--COMMERCE, JUSTICE, SCIENCE,
AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
operations and administration
For an additional amount for `Operations
and Administration', $20,000,000, to
remain available until September 30,
2010.
Economic Development Administration
economic development assistance programs
For an additional amount for `Economic
Development Assistance Programs',
$150,000,000, to remain available until
September 30, 2010: Provided,
That $50,000,000 shall be for economic
adjustment assistance as authorized by
section 209 of the Public Works and
Economic Development Act of 1965, as
amended (42 U.S.C. 3149): Provided
further, That in allocating the
funds provided in the previous proviso,
the Secretary of Commerce shall give
priority consideration to areas of the
Nation that have experienced sudden and
severe economic dislocation and job loss
due to corporate restructuring.
Bureau of the Census
periodic censuses and programs
For an additional amount for `Periodic
Censuses and Programs', $1,000,000,000,
to remain available until September 30,
2010.
National Telecommunications and
Information Administration
broadband technology opportunities
program
For an amount for `Broadband Technology
Opportunities Program', $7,000,000,000,
to remain available until September 30,
2010: Provided, That of the
funds provided under this heading,
$6,650,000,000 shall be expended
pursuant to section 201 of this Act, of
which: not less than $200,000,000 shall
be available for competitive grants for
expanding public computer center
capacity, including at community
colleges and public libraries; not less
than $250,000,000 shall be available for
competitive grants for innovative
programs to encourage sustainable
adoption of broadband service; and
$10,000,000 shall be transferred to
`Department of Commerce, Office of
Inspector General' for the purposes of
audits and oversight of funds provided
under this heading and such funds shall
remain available until expended:
Provided further, That 50 percent
of the funds provided in the previous
proviso shall be used to support
projects in rural communities, which in
part may be transferred to the
Department of Agriculture for
administration through the Rural
Utilities Service if deemed necessary
and appropriate by the Secretary of
Commerce, in consultation with the
Secretary of Agriculture, and only if
the Committees on Appropriations of the
House and the Senate are notified not
less than 15 days in advance of the
transfer of such funds: Provided
further, That of the funds provided
under this heading, up to $350,000,000
may be expended pursuant to Public Law
110-385 (47 U.S.C. 1301 note) and for
the purposes of developing and
maintaining a broadband inventory map
pursuant to section 201 of this Act:
Provided further, That of the funds
provided under this heading, amounts
deemed necessary and appropriate by the
Secretary of Commerce, in consultation
with the Federal Communications
Commission (FCC), may be transferred to
the FCC for the purposes of developing a
national broadband plan or for carrying
out any other FCC responsibilities
pursuant to section 201 of this Act, and
only if the Committees on Appropriations
of the House and the Senate are notified
not less than 15 days in advance of the
transfer of such funds: Provided
further, That not more than 3
percent of funds provided under this
heading may be used for administrative
costs, and this limitation shall apply
to funds which may be transferred to the
Department of Agriculture and the FCC.
digital-to-analog converter box program
For an amount for `Digital-to-Analog
Converter Box Program', $650,000,000,
for additional coupons and related
activities under the program implemented
under section 3005 of the Digital
Television Transition and Public Safety
Act of 2005, to remain available until
September 30, 2010: Provided,
That of the amounts provided under this
heading, $90,000,000 may be for
education and outreach, including grants
to organizations for programs to educate
vulnerable populations, including senior
citizens, minority communities, people
with disabilities, low-income
individuals, and people living in rural
areas, about the transition and to
provide one-on-one assistance to
vulnerable populations, including help
with converter box installation:
Provided further, That the amounts
provided in the previous proviso may be
transferred to the Federal
Communications Commission (Commission)
if deemed necessary and appropriate by
the Secretary of Commerce in
consultation with the Commission, and
only if the Committees on Appropriations
of the House and the Senate are notified
not less than 5 days in advance of
transfer of such funds: Provided
further, That $2,000,000 of funds
provided under this heading shall be
transferred to `Department of Commerce,
Office of Inspector General' for audits
and oversight of funds provided under
this heading.
National Institute of Standards and
Technology
scientific and technical research and
services
For an additional amount for `Scientific
and Technical Research and Services',
$168,000,000, to remain available until
September 30, 2010.
construction of research facilities
For an additional amount for
`Construction of Research Facilities',
$307,000,000, to remain available until
September 30, 2010.
National Oceanic and Atmospheric
Administration
operations, research, and facilities
For an additional amount for
`Operations, Research, and Facilities',
$377,000,000, to remain available until
September 30, 2010.
procurement, acquisition and
construction
For an additional amount for
`Procurement, Acquisition and
Construction', $645,000,000, to remain
available until September 30, 2010.
Office of Inspector General
For an additional amount for `Office of
Inspector General', $6,000,000, to
remain available until September 30,
2012.
DEPARTMENT OF JUSTICE
General Administration
tactical law enforcement wireless
communications
For an additional amount for `Tactical
Law Enforcement Wireless
Communications', $100,000,000 for the
costs of developing and implementing a
nationwide Integrated Wireless network
supporting Federal law enforcement, to
remain available until September 30,
2010.
Detention Trustee
For an additional amount for `Detention
Trustee', $100,000,000, to remain
available until September 30, 2010.
Office of Inspector General
For an additional amount for `Office of
Inspector General', $2,000,000, to
remain available until September 30,
2011.
United States Marshals Service
salaries and expenses
For an additional amount for `Salaries
and Expenses', $50,000,000, to remain
available until September 30, 2010.
construction
For an additional amount for
`Construction', $100,000,000, to remain
available until September 30, 2010.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for `Salaries
and Expenses', $75,000,000, to remain
available until September 30, 2010.
construction
For an additional amount for
`Construction', $300,000,000, to remain
available until September 30, 2010.
Federal Prison System
buildings and facilities
For an additional amount for `Federal
Prison System, Buildings and
Facilities', $800,000,000, to remain
available until September 30, 2010.
State and Local Law Enforcement
Activities
Office on Violence Against Women
violence against women prevention and
prosecution programs
For an additional amount for `Violence
Against Women Prevention and Prosecution
Programs', $300,000,000 for grants to
combat violence against women, as
authorized by part T of the Omnibus
Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3711 et seq.):
Provided, That, $50,000,000 shall
be transitional housing assistance
grants for victims of domestic violence,
stalking or sexual assault as authorized
by section 40299 of the Violent Crime
Control and Law Enforcement Act of 1994
(Public Law 103-322).
Office of Justice Programs
state and local law enforcement
assistance
For an additional amount for `State and
Local Law Enforcement Assistance',
$1,200,000,000 for the Edward Byrne
Memorial Justice Assistance Grant
program as authorized by subpart 1 of
part E of title I of the Omnibus Crime
Control and Safe Street Act of 1968
(`1968 Act'), (except that section
1001(c), and the special rules for
Puerto Rico under section 505(g), of the
1968 Act, shall not apply for purposes
of this Act), to remain available until
September 30, 2010.
For an additional amount for `State and
Local Law Enforcement Assistance',
$300,000,000 for competitive grants to
improve the functioning of the criminal
justice system, to assist victims of
crime (other than compensation), and
youth mentoring grants, to remain
available until September 30, 2010.
For an additional amount for `State and
Local Law Enforcement Assistance',
$90,000,000, to remain available until
September 30, 2010, for competitive
grants to provide assistance and
equipment to local law enforcement along
the Southern border and in
High-Intensity Drug Trafficking Areas to
combat criminal narcotics activity
stemming from the Southern border, of
which $10,000,000 shall be transferred
to `Bureau of Alcohol, Tobacco, Firearms
and Explosives, Salaries and Expenses'
for the ATF Project Gunrunner.
For an additional amount for `State and
Local Law Enforcement Assistance',
$300,000,000, to remain available until
September 30, 2010, for assistance to
Indian tribes, notwithstanding Public
Law 108-199, division B, title I,
section 112(a)(1) (118 Stat. 62), of
which--
(1) $250,000,000 shall be available
for grants under section 20109 of
subtitle A of title II of the
Violent Crime Control and Law
Enforcement Act of 1994 (Public Law
103-322);
(2) $25,000,000 shall be available
for the Tribal Courts Initiative;
and
(3) $25,000,000 shall be available
for tribal alcohol and substance
abuse drug reduction assistance
grants.
For an additional amount for `State and
Local Law Enforcement Assistance',
$100,000,000, to remain available until
September 30, 2010, to be distributed by
the Office for Victims of Crime in
accordance with section 1402(d)(4) of
the Victims of Crime Act of 1984 (Public
Law 98-473).
For an additional amount for `State and
Local Law Enforcement Assistance',
$150,000,000, to remain available until
September 30, 2010, for assistance to
law enforcement in rural areas, to
prevent and combat crime, especially
drug-related crime.
For an additional amount for `State and
Local Law Enforcement Assistance',
$50,000,000, to remain available until
September 30, 2010, for Internet Crimes
Against Children (ICAC) initiatives.
Community Oriented Policing Services
For an additional amount for `Community
Oriented Policing Services', for grants
under section 1701 of title I of the
1968 Omnibus Crime Control and Safe
Streets Act (42 U.S.C. 3796dd) for
hiring and rehiring of additional career
law enforcement officers under part Q of
such title, and civilian public safety
personnel, notwithstanding subsection
(i) of such section and notwithstanding
42 U.S.C. 3796dd-3(c), $1,000,000,000,
to remain available until September 30,
2010.
Salaries and Expenses
For an additional amount, not elsewhere
specified in this title, for management
and administration and oversight of
programs within the Office on Violence
Against Women, the Office of Justice
Programs, and the Community Oriented
Policing Services Office, $10,000,000,
to remain available until September 30,
2010.
SCIENCE
National Aeronautics and Space
Administration
science
For an additional amount for `Science',
$450,000,000, to remain available until
September 30, 2010.
aeronautics
For an additional amount for
`Aeronautics', $200,000,000, to remain
available until September 30, 2010.
exploration
For an additional amount for
`Exploration', $450,000,000, to remain
available until September 30, 2010.
cross agency support
For an additional amount for `Cross
Agency Support', $200,000,000, to remain
available until September 30, 2010.
office of inspector general
For an additional amount for `Office of
Inspector General', $2,000,000, to
remain available until September 30,
2011.
National Science Foundation
research and related activities
For an additional amount for `Research
and Related Activities', $1,000,000,000,
to remain available until September 30,
2010.
major research equipment and facilities
construction
For an additional amount for `Major
Research Equipment and Facilities
Construction', $150,000,000, to remain
available until September 30, 2010.
education and human resources
For an additional amount for `Education
and Human Resources', $50,000,000, to
remain available until September 30,
2010.
office of inspector general
For an additional amount for `Office of
Inspector General', $2,000,000, to
remain available until September 30,
2011.
GENERAL PROVISIONS--THIS TITLE
Sec. 201. The Assistant Secretary of
Commerce for Communications and
Information (Assistant Secretary), in
consultation with the Federal
Communications Commission (Commission)
(and, with respect to rural areas, the
Secretary of Agriculture), shall
establish a national broadband service
development and expansion program in
conjunction with the technology
opportunities program, which shall be
referred to the Broadband Technology
Opportunities Program. The Assistant
Secretary shall ensure that the program
complements and enhances and does not
conflict with other Federal broadband
initiatives and programs.
(1) The purposes of the program are
to--
(A) provide access to broadband
service to citizens residing in
unserved areas of the United
States;
(B) provide improved access to
broadband service to citizens
residing in underserved areas of
the United States;
(C) provide broadband education,
awareness, training, access,
equipment, and support to--
(i) schools, libraries,
medical and healthcare
providers, community
colleges and other
institutions of higher
education, and other
community support
organizations and entities
to facilitate greater use of
broadband service by or
through these organizations;
(ii) organizations and
agencies that provide
outreach, access, equipment,
and support services to
facilitate greater use of
broadband service by
low-income, unemployed,
aged, and otherwise
vulnerable populations; and
(iii) job-creating strategic
facilities located within a
State-designated economic
zone, Economic Development
District designated by the
Department of Commerce,
Renewal Community or
Empowerment Zone designated
by the Department of Housing
and Urban Development, or
Enterprise Community
designated by the Department
of Agriculture.
(D) improve access to, and use
of, broadband service by public
safety agencies; and
(E) stimulate the demand for
broadband, economic growth, and
job creation.
(2) The Assistant Secretary may
consult with the chief executive
officer of any State with respect
to--
(A) the identification of areas
described in subsection (1)(A)
or (B) located in that State;
and
(B) the allocation of grant
funds within that State for
projects in or affecting the
State.
(3) The Assistant Secretary shall--
(A) establish and implement the
grant program as expeditiously
as practicable;
(B) ensure that all awards are
made before the end of fiscal
year 2010;
(C) seek such assurances as may
be necessary or appropriate from
grantees under the program that
they will substantially complete
projects supported by the
program in accordance with
project timelines, not to exceed
2 years following an award; and
(D) report on the status of the
program to the Committees on
Appropriations of the House and
the Senate, the Committee on
Energy and Commerce of the
House, and the Committee on
Commerce, Science, and
Transportation of the Senate,
every 90 days.
(4) To be eligible for a grant under
the program an applicant shall--
(A) be a State or political
subdivision thereof, a nonprofit
foundation, corporation,
institution or association,
Indian tribe, Native Hawaiian
organization, or other
non-governmental entity in
partnership with a State or
political subdivision thereof,
Indian tribe, or Native Hawaiian
organization if the Assistant
Secretary determines the
partnership consistent with the
purposes this section;
(B) submit an application, at
such time, in such form, and
containing such information as
the Assistant Secretary may
require;
(C) provide a detailed
explanation of how any amount
received under the program will
be used to carry out the
purposes of this section in an
efficient and expeditious
manner, including a
demonstration that the project
would not have been implemented
during the grant period without
Federal grant assistance;
(D) demonstrate, to the
satisfaction of the Assistant
Secretary, that it is capable of
carrying out the project or
function to which the
application relates in a
competent manner in compliance
with all applicable Federal,
State, and local laws;
(E) demonstrate, to the
satisfaction of the Assistant
Secretary, that it will
appropriate (if the applicant is
a State or local government
agency) or otherwise
unconditionally obligate, from
non-Federal sources, funds
required to meet the
requirements of paragraph (5);
(F) disclose to the Assistant
Secretary the source and amount
of other Federal or State
funding sources from which the
applicant receives, or has
applied for, funding for
activities or projects to which
the application relates; and
(G) provide such assurances and
procedures as the Assistant
Secretary may require to ensure
that grant funds are used and
accounted for in an appropriate
manner.
(5) The Federal share of any project
may not exceed 80 percent, except
that the Assistant Secretary may
increase the Federal share of a
project above 80 percent if--
(A) the applicant petitions the
Assistant Secretary for a
waiver; and
(B) the Assistant Secretary
determines that the petition
demonstrates financial need.
(6) The Assistant Secretary may make
competitive grants under the program
to--
(A) acquire equipment,
instrumentation, networking
capability, hardware and
software, digital network
technology, and infrastructure
for broadband services;
(B) construct and deploy
broadband service related
infrastructure;
(C) ensure access to broadband
service by community anchor
institutions;
(D) facilitate access to
broadband service by low-income,
unemployed, aged, and otherwise
vulnerable populations in order
to provide educational and
employment opportunities to
members of such populations;
(E) construct and deploy
broadband facilities that
improve public safety broadband
communications services; and
(F) undertake such other
projects and activities as the
Assistant Secretary finds to be
consistent with the purposes for
which the program is
established.
(7) The Assistant Secretary--
(A) shall require any entity
receiving a grant pursuant to
this section to report
quarterly, in a format specified
by the Assistant Secretary, on
such entity's use of the
assistance and progress
fulfilling the objectives for
which such funds were granted,
and the Assistant Secretary
shall make these reports
available to the public;
(B) may establish additional
reporting and information
requirements for any recipient
of any assistance made available
pursuant to this section;
(C) shall establish appropriate
mechanisms to ensure appropriate
use and compliance with all
terms of any use of funds made
available pursuant to this
section;
(D) may, in addition to other
authority under applicable law,
deobligate awards to grantees
that demonstrate an insufficient
level of performance, or
wasteful or fraudulent spending,
as defined in advance by the
Assistant Secretary, and award
these funds competitively to new
or existing applicants
consistent with this section;
and
(E) shall create and maintain a
fully searchable database,
accessible on the Internet at no
cost to the public, that
contains at least the name of
each entity receiving funds made
available pursuant to this
section, the purpose for which
such entity is receiving such
funds, each quarterly report
submitted by the entity pursuant
to this section, and such other
information sufficient to allow
the public to understand and
monitor grants awarded under the
program.
(8) Concurrent with the issuance of
the Request for Proposal for grant
applications pursuant to this
section, the Assistant Secretary
shall, in coordination with the
Federal Communications Commission,
publish the non-discrimination and
network interconnection obligations
that shall be contractual conditions
of grants awarded under this
section.
(9) Within 1 year after the date of
enactment of this Act, the
Commission shall complete a
rulemaking to develop a national
broadband plan. In developing the
plan, the Commission shall--
(A) consider the most effective
and efficient national strategy
for ensuring that all Americans
have access to, and take
advantage of, advanced broadband
services;
(B) have access to data provided
to other Government agencies
under the Broadband Data
Improvement Act (47 U.S.C. 1301
note);
(C) evaluate the status of
deployments of broadband
service, including the progress
of projects supported by the
grants made pursuant to this
section; and
(D) develop recommendations for
achieving the goal of nationally
available broadband service for
the United States and for
promoting broadband adoption
nationwide.
(10) The Assistant Secretary shall
develop and maintain a comprehensive
nationwide inventory map of existing
broadband service capability and
availability in the United States
that entities and depicts the
geographic extent to which broadband
service capability is deployed and
available from a commercial provider
or public provider throughout each
State: Provided, That not
later than 2 years after the date of
the enactment of the Act, the
Assistant Secretary shall make the
broadband inventory map developed
and maintained pursuant to this
section accessible to the public.
Sec. 202. The Assistant Secretary of
Commerce for Communications and
Information may reissue any coupon
issued under section 3005(a) of the
Digital Television Transition and Public
Safety Act of 2005 that has expired
before use, and shall cancel any
unredeemed coupon reported as lost and
may issue a replacement coupon for the
lost coupon.
TITLE III--DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for `Operation
and Maintenance, Army', $1,169,291,000,
to remain available for obligation until
September 30, 2010.
Operation and Maintenance, Navy
For an additional amount for `Operation
and Maintenance, Navy', $571,843,000, to
remain available for obligation until
September 30, 2010.
Operation and Maintenance, Marine Corps
For an additional amount for `Operation
and Maintenance, Marine Corps',
$112,167,000, to remain available for
obligation until September 30, 2010.
Operation and Maintenance, Air Force
For an additional amount for `Operation
and Maintenance, Air Force',
$927,113,000, to remain available for
obligation until September 30, 2010.
Operation and Maintenance, Army Reserve
For an additional amount for `Operation
and Maintenance, Army Reserve',
$79,543,000, to remain available for
obligation until September 30, 2010.
Operation and Maintenance, Navy Reserve
For an additional amount for `Operation
and Maintenance, Navy Reserve',
$44,586,000, to remain available for
obligation until September 30, 2010.
Operation and Maintenance, Marine Corps
Reserve
For an additional amount for `Operation
and Maintenance, Marine Corps Reserve',
$32,304,000, to remain available for
obligation until September 30, 2010.
Operation and Maintenance, Air Force
Reserve
For an additional amount for `Operation
and Maintenance, Air Force Reserve',
$10,674,000, to remain available for
obligation until September 30, 2010.
Operation and Maintenance, Army National
Guard
For an additional amount for `Operation
and Maintenance, Army National Guard',
$215,557,000, to remain available for
obligation until September 30, 2010.
Operation and Maintenance, Air National
Guard
For an additional amount for `Operation
and Maintenance, Air National Guard',
$20,922,000, to remain available for
obligation until September 30, 2010.
PROCUREMENT
Defense Production Act Purchases
For an additional amount for `Defense
Production Act Purchases', $100,000,000,
to remain available for obligation until
September 30, 2010.
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
Research, Development, Test and
Evaluation, Defense-Wide
For an additional amount for `Research,
Development, Test and Evaluation,
Defense-Wide', $200,000,000, to remain
available for obligation until September
30, 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for `Defense
Health Program', $250,000,000 for
operation and maintenance, to remain
available for obligation until September
30, 2010.
Office of the Inspector General
For an additional amount for `Office of
the Inspector General', $12,000,000 for
operation and maintenance, to remain
available for obligation until September
30, 2011, and an additional $3,000,000
for such purposes, to remain available
until September 30, 2011.
TITLE IV--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
Corps of Engineers--Civil
investigations
For an additional amount for
`Investigations' for expenses necessary
where authorized by law for the
collection and study of basic
information pertaining to river and
harbor, flood and storm damage
reduction, shore protection, aquatic
ecosystem restoration, and related
needs; for surveys and detailed studies,
and plans and specifications of proposed
river and harbor, flood and storm damage
reduction, shore protection, and aquatic
ecosystem restoration projects and
related efforts prior to construction;
for restudy of authorized projects; and
for miscellaneous investigations and,
when authorized by law, surveys and
detailed studies, and plans and
specifications of projects prior to
construction, $25,000,000: Provided,
That funds provided under this heading
in this title shall only be used for
programs, projects or activities that
heretofore or hereafter receive funds
provided in Acts making appropriations
available for Energy and Water
Development: Provided further,
That funds provided under this heading
in this title shall be used for
programs, projects or activities or
elements of programs, projects or
activities that can be completed within
the funds made available in that account
and that will not require new budget
authority to complete: Provided
further, That for projects that are
being completed with funds appropriated
in this Act that would otherwise be
expired for obligation, expired funds
appropriated in this Act may be used to
pay the cost of associated supervision,
inspection, over engineering and design
on those projects and on subsequent
claims, if any: Provided further,
That the Secretary shall have unlimited
reprogramming authority for these funds
provided under this heading.
construction
For an additional amount for
`Construction' for expenses necessary
for the construction of river and
harbor, flood and storm damage
reduction, shore protection, aquatic
ecosystem restoration, and related
projects authorized by law,
$2,000,000,000, of which such sums as
are necessary to cover the Federal share
of construction costs for facilities
under the Dredged Material Disposal
Facilities program shall be derived from
the Harbor Maintenance Trust Fund as
authorized by Public Law 104-303:
Provided, That not less than
$200,000,000 of the funds provided shall
be for water-related environmental
infrastructure assistance: Provided
further, That section 102 of Public
Law 109-103 (33 U.S.C. 2221) shall not
apply to funds provided in this title:
Provided further, That
notwithstanding any other provision of
law, no funds shall be drawn from the
Inland Waterways Trust Fund, as
authorized in Public Law 99-662:
Provided further, That funds
provided under this heading in this
title shall only be used for programs,
projects or activities that heretofore
or hereafter receive funds provided in
Acts making appropriations available for
Energy and Water Development:
Provided further, That funds
provided under this heading in this
title shall be used for programs,
projects or activities or elements of
programs, projects or activities that
can be completed within the funds made
available in that account and that will
not require new budget authority to
complete: Provided further,
That the limitation concerning total
project costs in section 902 of the
Water Resources Development Act of 1986,
as amended (33 U.S.C. 2280), shall not
apply during fiscal year 2009 to any
project that received funds provided in
this title: Provided further,
That funds appropriated under this
heading may be used by the Secretary of
the Army, acting through the Chief of
Engineers, to undertake work authorized
to be carried out in accordance with
section 14 of the Flood Control Act of
1946 (33 U.S.C. 701r); section 205 of
the Flood Control Act of 1948 (33 U.S.C.
701s); section 206 of the Water
Resources Development Act of 1996 (33
U.S.C. 2330); or section 1135 of the
Water Resources Development Act of 1986
(33 U.S.C. 2309a), notwithstanding the
program cost limitations set forth in
those sections: Provided further,
That for projects that are being
completed with funds appropriated in
this Act that would otherwise be expired
for obligation, expired funds
appropriated in this Act may be used to
pay the cost of associated supervision,
inspection, over engineering and design
on those projects and on subsequent
claims, if any: Provided further,
That the Secretary shall have unlimited
reprogramming authority for these funds
provided under this heading.
mississippi river and tributaries
For an additional amount for
`Mississippi River and Tributaries' for
expenses necessary for flood damage
reduction projects and related efforts
as authorized by law, $500,000,000, of
which such sums as are necessary to
cover the Federal share of operation and
maintenance costs for inland harbors
shall be derived from the Harbor
Maintenance Trust Fund, pursuant to
Public Law 99-662: Provided,
That funds provided under this heading
in this title shall only be used for
programs, projects or activities that
heretofore or hereafter receive funds
provided in Acts making appropriations
available for Energy and Water
Development: Provided further,
That funds provided under this heading
in this title shall be used for
programs, projects or activities or
elements of programs, projects or
activities that can be completed within
the funds made available in that account
and that will not require new budget
authority to complete: Provided
further, That the limitation
concerning total project costs in
section 902 of the Water Resources
Development Act of 1986, as amended (33
U.S.C. 2280), shall not apply during
fiscal year 2009 to any project that
received funds provided in this title:
Provided further, That for
projects that are being completed with
funds appropriated in this Act that
would otherwise be expired for
obligation, expired funds appropriated
in this Act may be used to pay the cost
of associated supervision, inspection,
over engineering and design on those
projects and on subsequent claims, if
any: Provided further, That the
Secretary shall have unlimited
reprogramming authority for these funds
provided under this heading.
operation and maintenance
For an additional amount for `Operation
and Maintenance' for expenses necessary
for the operation, maintenance, and care
of existing river and harbor, flood and
storm damage reduction, aquatic
ecosystem restoration, and related
projects authorized by law, and for
surveys and charting of northern and
northwestern lakes and connecting
waters, clearing and straightening
channels, and removal of obstructions to
navigation, $1,900,000,000, of which
such sums as are necessary to cover the
Federal share of operation and
maintenance costs for coastal harbors
and channels, and inland harbors shall
be derived from the Harbor Maintenance
Trust Fund, pursuant to Public Law
99-662; and of which such sums as become
available under section 217 of the Water
Resources Development Act of 1996,
Public Law 104-303, shall be used to
cover the cost of operation and
maintenance of the dredged material
disposal facilities for which fees have
been collected: Provided, That
funds provided under this heading in
this title shall only be used for
programs, projects or activities that
heretofore or hereafter receive funds
provided in Acts making appropriations
available for Energy and Water
Development: Provided further,
That funds provided under this heading
in this title shall be used for
programs, projects or activities or
elements of programs, projects or
activities that can be completed within
the funds made available in that account
and that will not require new budget
authority to complete: Provided
further, That $90,000,000 of the
funds provided under this heading shall
be used for activities described in
section 9004 of Public Law 110-114:
Provided further, That section 9006
of Public Law 110-114 shall not apply to
funds provided in this title:
Provided further, That for projects
that are being completed with funds
appropriated in this Act that would
otherwise be expired for obligation,
expired funds appropriated in this Act
may be used to pay the cost of
associated supervision, inspection, over
engineering and design on those projects
and on subsequent claims, if any:
Provided further, That the
Secretary shall have unlimited
reprogramming authority for these funds
provided under this heading.
regulatory program
For an additional amount for `Regulatory
Program' for expenses necessary for
administration of laws pertaining to
regulation of navigable waters and
wetlands, $25,000,000 is provided.
formerly utilized sites remedial action
program
For an additional amount for `Formerly
Utilized Sites Remedial Action Program'
for expenses necessary to clean up
contamination from sites in the United
States resulting from work performed as
part of the Nation's early atomic energy
program, $100,000,000: Provided
further, That funds provided under
this heading in this title shall be used
for programs, projects or activities or
elements of programs, projects or
activities that can be completed within
the funds made available in that account
and that will not require new budget
authority to complete: Provided
further, That for projects that are
being completed with funds appropriated
in this Act that would otherwise be
expired for obligation, expired funds
appropriated in this Act may be used to
pay the cost of associated supervision,
inspection, over engineering and design
on those projects and on subsequent
claims, if any: Provided further,
That the Secretary shall have unlimited
reprogramming authority for these funds
provided under this heading.
flood control and coastal emergencies
For an additional amount for `Flood
Control and Coastal Emergencies' for
expenses necessary for pre-placement of
materials and equipment, advance
measures and other activities authorized
by law, $50,000,000 is provided.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for management,
development, and restoration of water
and related natural resources and for
related activities, including the
operation, maintenance, and
rehabilitation of reclamation and other
facilities, participation in fulfilling
related Federal responsibilities to
Native Americans, and related grants to,
and cooperative and other agreements
with, State and local governments,
federally recognized Indian tribes, and
others, $1,400,000,000; of which such
amounts as may be necessary may be
advanced to the Colorado River Dam Fund:
Provided, That of the total
appropriated, the amount for program
activities that can be financed by the
Reclamation Fund or the Bureau of
Reclamation special fee account
established by 16 U.S.C. 460l-6a(i)
shall be derived from that Fund or
account: Provided further, That
funds contributed under 43 U.S.C. 395
are available until expended for the
purposes for which contributed:
Provided further, That funds
advanced under 43 U.S.C. 397a shall be
credited to this account and are
available until expended for the same
purposes as the sums appropriated under
this heading: Provided further,
That funds provided under this heading
in this title shall only be used for
programs, projects or activities that
heretofore or hereafter receive funds
provided in Acts making appropriations
available for Energy and Water
Development: Provided further,
That funds provided in this Act shall be
used for elements of projects, programs
or activities that can be completed
within these funding amounts and not
create budgetary obligations in future
fiscal years: Provided further,
That $50,000,000 of the funds provided
under this heading may be transferred to
the Department of the Interior for
programs, projects and activities
authorized by the Central Utah Project
Completion Act (titles II-V of Public
Law 102-575): Provided further,
That $50,000,000 of the funds provided
under this heading may be used for
programs, projects, and activities
authorized by the California Bay-Delta
Restoration Act (Public Law 108-361):
Provided further, That not less
than $60,000,000 of the funds provided
under this heading shall be used for
rural water projects and shall be
expended primarily on water intake and
treatment facilities of such projects:
Provided further, That not less
than $10,000,000 of the funds provided
under this heading shall be used for a
bureau-wide inspection of canals program
in urbanized areas: Provided
further, That not less than
$110,000,000 of the funds provided under
this heading shall be used for water
reclamation and reuse projects (title 16
of Public Law 102-575): Provided
further, That the costs of
reimbursable activities, other than for
maintenance and rehabilitation, carried
out with funds provided in this Act
shall be repaid pursuant to existing
authorities and agreements: Provided
further, That the costs of
maintenance and rehabilitation
activities carried out with funds
provided in this Act shall be repaid
pursuant to existing authority, except
the length of repayment period shall be
determined on needs-based criteria to be
established and adopted by the
Commissioner, but in no case shall the
repayment period exceed 25 years:
Provided further, That for projects
that are being completed with funds
appropriated in this Act that would
otherwise be expired for obligation,
expired funds appropriated in this Act
may be used to pay the cost of
associated supervision, inspection, over
engineering and design on those projects
and on subsequent claims, if any:
Provided further, That the
Secretary shall have unlimited
reprogramming authority for these funds
provided under this heading.
DEPARTMENT OF ENERGY
Energy Programs
energy efficiency and renewable energy
For an additional amount for `Energy
Efficiency and Renewable Energy',
$14,398,000,000, for necessary expenses,
to remain available until September 30,
2010: Provided, That
$4,200,000,000 shall be available for
Energy Efficiency and Conservation Block
Grants for implementation of programs
authorized under subtitle E of title V
of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17151 et seq.),
of which $2,100,000,000 is available
through the formula in subtitle E:
Provided further, That the
remaining $2,100,000,000 shall be
awarded on a competitive basis only to
competitive grant applicants from States
in which the Governor certifies to the
Secretary of Energy that the applicable
State regulatory authority will
implement the integrated resource
planning and rate design modifications
standards required to be considered
under paragraphs (16) and (17) of
section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16
U.S.C. 2621(d)(16) and (17)); and the
Governor will take all actions within
his or her authority to ensure that the
State, or the applicable units of local
government that have authority to adopt
building codes, will implement--
(A) building energy codes for
residential buildings that the
Secretary determines are likely to
meet or exceed the 2009
International Energy Conservation
Code;
(B) building energy codes for
commercial buildings that the
Secretary determines are likely to
meet or exceed the ANSI/ASHRAE/IESNA
Standard 90.1-2007; and
(C) a plan for implementing and
enforcing the building energy codes
described in subparagraphs (A) and
(B) that is likely to ensure that at
least 90 percent of the new and
renovated residential and commercial
building space will meet the
standards within 8 years after the
date of enactment of this Act:
Provided further, That
$2,000,000,000 shall be available for
grants for the manufacturing of advanced
batteries and components and the
Secretary shall provide facility funding
awards under this section to
manufacturers of advanced battery
systems and vehicle batteries that are
produced in the United States, including
advanced lithium ion batteries, hybrid
electrical systems, component
manufacturers, and software designers:
Provided further, That
notwithstanding section 3304 of title 5,
United States Code, and without regard
to the provisions of sections 3309
through 3318 of such title 5, the
Secretary of Energy, upon a
determination that there is a severe
shortage of candidates or a critical
hiring need for particular positions,
may from within the funds provided,
recruit and directly appoint highly
qualified individuals into the
competitive service: Provided
further, That such authority shall
not apply to positions in the Excepted
Service or the Senior Executive Service:
Provided further, That any
action authorized herein shall be
consistent with the merit principles of
section 2301 of such title 5, and the
Department shall comply with the public
notice requirements of section 3327 of
such title 5.
Electricity Delivery and Energy
Reliability
For an additional amount for
`Electricity Delivery and Energy
Reliability', $4,500,000,000, for
necessary expenses, to remain available
until September 30, 2010: Provided,
That $100,000,000 shall be available for
worker training activities: Provided
further, That notwithstanding
section 3304 of title 5, United States
Code, and without regard to the
provisions of sections 3309 through 3318
of such title 5, the Secretary of
Energy, upon a determination that there
is a severe shortage of candidates or a
critical hiring need for particular
positions, may from within the funds
provided, recruit and directly appoint
highly qualified individuals into the
competitive service: Provided
further, That such authority shall
not apply to positions in the Excepted
Service or the Senior Executive Service:
Provided further, That any
action authorized herein shall be
consistent with the merit principles of
section 2301 of such title 5, and the
Department shall comply with the public
notice requirements of section 3327 of
such title 5: Provided, That
for the purpose of facilitating the
development of regional transmission
plans, the Office of Electricity
Delivery and Energy Reliability within
the Department of Energy is provided
$80,000,000 within the available funds
to conduct a resource assessment and an
analysis of future demand and
transmission requirements: Provided
further, That the Office of
Electricity Delivery and Energy
Reliability will provide technical
assistance to the North American
Electric Reliability Corporation, the
regional reliability entities, the
States, and other transmission owners
and operators for the formation of
interconnection-based transmission plans
for the Eastern and Western
Interconnections and ERCOT: Provided
further, That such assistance may
include modeling, support to regions and
States for the development of
coordinated State electricity policies,
programs, laws, and regulations:
Provided further, That $10,000,000
is provided to implement section 1305 of
Public Law 110-140.
Fossil Energy Research and Development
For an additional amount for `Fossil
Energy Research and Development',
$4,600,000,000, to remain available
until September 30, 2010: Provided,
That $2,000,000,000 is available for one
or more near zero emissions
powerplant(s): Provided further,
$1,000,000,000 is available for
selections under the Department's Clean
Coal Power Initiative Round III Funding
Opportunity Announcement;
notwithstanding the mandatory
eligibility requirements of the Funding
Opportunity Announcement, the Department
shall consider applications that utilize
petroleum coke for some or all of the
project's fuel input: Provided
further, $1,520,000,000 is
available for a competitive solicitation
pursuant to section 703 of Public Law
110-140 for projects that demonstrate
carbon capture from industrial sources:
Provided further, That awards
for such projects may include plant
efficiency improvements for integration
with carbon capture technology.
Non-Defense Environmental Cleanup
For an additional amount for
`Non-Defense Environmental Cleanup',
$483,000,000, to remain available until
September 30, 2010.
Uranium Enrichment Decontamination and
Decommissioning Fund
For an additional amount for `Uranium
Enrichment Decontamination and
Decommissioning Fund', $390,000,000, to
remain available until September 30,
2010, of which $70,000,000 shall be
available in accordance with title X,
subtitle A of the Energy Policy Act of
1992.
Science
For an additional amount for `Science',
$330,000,000, to remain available until
September 30, 2010.
Title 17--Innovative Technology Loan
Guarantee Program
Subject to section 502 of the
Congressional Budget Act of 1974,
commitments to guarantee loans under
section 1702(b)(2) of the Energy Policy
Act of 2005, shall not exceed a total
principal amount of $50,000,000,000 for
eligible projects, to remain available
until committed: Provided, That
these amounts are in addition to any
authority provided elsewhere in this Act
and this and previous fiscal years:
Provided further, That such sums as
are derived from amounts received from
borrowers pursuant to section 1702(b)(2)
of the Energy Policy Act of 2005 under
this heading in this and prior Acts,
shall be collected in accordance with
section 502(7) of the Congressional
Budget Act of 1974: Provided
further, That the source of such
payment received from borrowers is not a
loan or other debt obligation that is
guaranteed by the Federal Government:
Provided further, That pursuant
to section 1702(b)(2) of the Energy
Policy Act of 2005, no appropriations
are available to pay the subsidy cost of
such guarantees: Provided further,
That none of the loan guarantee
authority made available in this Act
shall be available for commitments to
guarantee loans under section 1702(b)(2)
of the Energy Policy Act of 2005 for any
projects where funds, personnel, or
property (tangible or intangible) of any
Federal agency, instrumentality,
personnel or affiliated entity are
expected to be used (directly or
indirectly) through acquisitions,
contracts, demonstrations, exchanges,
grants, incentives, leases,
procurements, sales, other transaction
authority, or other arrangements, to
support the project or to obtain goods
or services from the project:
Provided further, That none of the
loan guarantee authority made available
in this Act shall be available under
section 1702(b)(2) of the Energy Policy
Act of 2005 for any project unless the
Director of the Office of Management and
Budget has certified in advance in
writing that the loan guarantee and the
project comply with the provisions under
this title: Provided further,
That for an additional amount for the
cost of guaranteed loans authorized by
section 1702(b)(1) and section 1705 of
the Energy Policy Act of 2005,
$8,500,000,000, available until
expended, to pay the costs of guarantees
made under this section: Provided
further, That of the amount
provided for Title XVII, $15,000,000
shall be used for administrative
expenses in carrying out the guaranteed
loan program.
Office of the Inspector General
For necessary expenses of the Office of
the Inspector General in carrying out
the provisions of the Inspector General
Act of 1978, as amended, $5,000,000, to
remain available until September 30,
2012, and an additional $10,000,000 for
such purposes, to remain available until
September 30, 2012.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
weapons activities
For an additional amount for weapons
activities, $1,000,000,000, to remain
available until September 30, 2010.
Environmental and Other Defense
Activities
defense environmental cleanup
For an additional amount for `Defense
Environmental Cleanup', $5,527,000,000,
to remain available until September 30,
2010.
Construction, Rehabilitation, Operation,
and Maintenance, Western Area Power
Administration
For carrying out the functions
authorized by title III, section
302(a)(1)(E) of the Act of August 4,
1977 (42 U.S.C. 7152), and other related
activities including conservation and
renewable resources programs as
authorized, $10,000,000, to remain
available until expended: Provided,
That the Administrator shall establish
such personnel staffing levels as he
deems necessary to economically and
efficiently complete the activities
pursued under the authority granted by
section 402 of this Act: Provided
further, That this appropriation is
non-reimbursable.
GENERAL PROVISIONS--THIS TITLE
Sec. 401. Bonneville Power
Administration Borrowing Authority. For
the purposes of providing funds to
assist in financing the construction,
acquisition, and replacement of the
transmission system of the Bonneville
Power Administration and to implement
the authority of the Administrator of
the Bonneville Power Administration
under the Pacific Northwest Electric
Power Planning and Conservation Act (16
U.S.C. 839 et seq.), an additional
$3,250,000,000 in borrowing authority is
made available under the Federal
Columbia River Transmission System Act
(16 U.S.C. 838 et seq.), to remain
outstanding at any time.
Sec. 402. Western Area Power
Administration Borrowing Authority. The
Hoover Power Plant Act of 1984 (Public
Law 98-381) is amended by adding at the
end the following:
`TITLE III--BORROWING AUTHORITY
`SEC. 301. WESTERN AREA POWER
ADMINISTRATION BORROWING AUTHORITY.
`(a) Definitions- In this section:
`(1) ADMINISTRATOR- The term
`Administrator' means the
Administrator of the Western Area
Power Administration.
`(2) SECRETARY- The term `Secretary'
means the Secretary of the Treasury.
`(1) IN GENERAL- Notwithstanding any
other provision of law, subject to
paragraphs (2) through (5)--
`(A) the Western Area Power
Administration may borrow funds
from the Treasury; and
`(B) the Secretary shall,
without further appropriation
and without fiscal year
limitation, loan to the Western
Area Power Administration, on
such terms as may be fixed by
the Administrator and the
Secretary, such sums (not to
exceed, in the aggregate
(including deferred interest),
$3,250,000,000 in outstanding
repayable balances at any one
time) as, in the judgment of the
Administrator, are from time to
time required for the purpose
of--
`(i) constructing,
financing, facilitating,
planning, operating,
maintaining, or studying
construction of new or
upgraded electric power
transmission lines and
related facilities with at
least one terminus within
the area served by the
Western Area Power
Administration; and
`(ii) delivering or
facilitating the delivery of
power generated by renewable
energy resources constructed
or reasonably expected to be
constructed after the date
of enactment of this
section.
`(2) INTEREST- The rate of interest
to be charged in connection with any
loan made pursuant to this
subsection shall be fixed by the
Secretary, taking into consideration
market yields on outstanding
marketable obligations of the United
States of comparable maturities as
of the date of the loan.
`(3) REFINANCING- The Western Area
Power Administration may refinance
loans taken pursuant to this section
within the Treasury.
`(4) PARTICIPATION- The
Administrator may permit other
entities to participate in the
financing, construction and
ownership projects financed under
this section.
`(5) CONGRESSIONAL REVIEW OF
DISBURSEMENT- Effective upon the
date of enactment of this section,
the Administrator shall have the
authority to have utilized
$1,750,000,000 at any one time. If
the Administrator seeks to borrow
funds above $1,750,000,000, the
funds will be disbursed unless there
is enacted, within 90 calendar days
of the first such request, a joint
resolution that rescinds the
remainder of the balance of the
borrowing authority provided in this
section.
`(c) Transmission Line and Related
Facility Projects-
`(1) IN GENERAL- For repayment
purposes, each transmission line and
related facility project in which
the Western Area Power
Administration participates pursuant
to this section shall be treated as
separate and distinct from--
`(A) each other such project;
and
`(B) all other Western Area
Power Administration power and
transmission facilities.
`(2) PROCEEDS- The Western Area
Power Administration shall apply the
proceeds from the use of the
transmission capacity from an
individual project under this
section to the repayment of the
principal and interest of the loan
from the Treasury attributable to
that project, after reserving such
funds as the Western Area Power
Administration determines are
necessary--
`(A) to pay for any ancillary
services that are provided; and
`(B) to meet the costs of
operating and maintaining the
new project from which the
revenues are derived.
`(3) SOURCE OF REVENUE- Revenue from
the use of projects under this
section shall be the only source of
revenue for--
`(A) repayment of the associated
loan for the project; and
`(B) payment of expenses for
ancillary services and operation
and maintenance.
`(4) LIMITATION ON AUTHORITY-
Nothing in this section confers on
the Administrator any additional
authority or obligation to provide
ancillary services to users of
transmission facilities developed
under this section.
`(5) TREATMENT OF CERTAIN REVENUES-
Revenue from ancillary services
provided by existing Federal power
systems to users of transmission
projects funded pursuant to this
section shall be treated as revenue
to the existing power system that
provided the ancillary services.
`(1) IN GENERAL- For each project in
which the Western Area Power
Administration participates pursuant
to this section, the Administrator
shall certify, prior to committing
funds for any such project, that--
`(A) the project is in the
public interest;
`(B) the project will not
adversely impact system
reliability or operations, or
other statutory obligations; and
`(C) it is reasonable to expect
that the proceeds from the
project shall be adequate to
make repayment of the loan.
`(2) FORGIVENESS OF BALANCES-
`(A) IN GENERAL- If, at the end
of the useful life of a project,
there is a remaining balance
owed to the Treasury under this
section, the balance shall be
forgiven.
`(B) UNCONSTRUCTED PROJECTS-
Funds expended to study projects
that are considered pursuant to
this section but that are not
constructed shall be forgiven.
`(C) NOTIFICATION- The
Administrator shall notify the
Secretary of such amounts as are
to be forgiven under this
paragraph.
`(1) POLICIES AND PRACTICES- Prior
to requesting any loans under this
section, the Administrator shall use
a public process to develop
practices and policies that
implement the authority granted by
this section.
`(2) REQUESTS FOR INTEREST- In the
course of selecting potential
projects to be funded under this
section, the Administrator shall
seek Requests For Interest from
entities interested in identifying
potential projects through one or
more notices published in the
Federal Register.'
Sec. 403. Technical Corrections to the
Energy Independence and Security Act of
2007. Title XIII of the Energy
Independence and Security Act of 2007
(15 U.S.C. 17381 and following) is
amended as follows:
(1) By amending subparagraph (A) of
section 1304(b)(3) to read as
follows:
`(A) IN GENERAL- In carrying out
the initiative, the Secretary
shall provide financial support
to smart grid demonstration
projects including those in
rural areas and/or areas where
the majority of generation and
transmission assets are
controlled by a tax-exempt
entity.'.
(2) By amending subparagraph (C) of
section 1304(b)(3) to read as
follows:
`(C) FEDERAL SHARE OF COST OF
TECHNOLOGY INVESTMENTS- The
Secretary shall provide to an
electric utility described in
subparagraph (B) or to other
parties financial assistance for
use in paying an amount equal to
not more than 50 percent of the
cost of qualifying advanced grid
technology investments made by
the electric utility or other
party to carry out a
demonstration project.'.
(3) By inserting a new subparagraph
(E) after 1304(b)(3)(D) as follows:
`(E) AVAILABILITY OF DATA-
The Secretary shall
establish and maintain a
smart grid information
clearinghouse in a timely
manner which will make data
from smart grid
demonstration projects and
other sources available to
the public. As a condition
of receiving financial
assistance under this
subsection, a utility or
other participant in a smart
grid demonstration project
shall provide such
information as the Secretary
may require to become
available through the smart
grid information
clearinghouse in the form
and within the timeframes as
directed by the Secretary.
The Secretary shall assure
that business proprietary
information and individual
customer information is not
included in the information
made available through the
clearinghouse.'.
(4) By amending paragraph (2) of
section 1304(c) to read as follows:
`(2) to carry out subsection (b),
such sums as may be necessary.'.
(5) By amending subsection (a) of
section 1306 by striking
`reimbursement of one-fifth (20
percent)' and inserting `grants of
up to one-half (50 percent)'.
(6) By striking the last sentence of
subsection (b)(9) of section 1306.
(7) By striking `are eligible for'
in subsection (c)(1) of section 1306
and inserting `utilize'.
(8) By amending subsection (e) of
section 1306 to read as follows:
`(e) The Secretary shall--
`(1) establish within 60 days after
the enactment of the American
Recovery and Reinvestment Act of
2009 procedures by which applicants
can obtain grants of not more than
one-half of their documented costs;
`(2) establish procedures to ensure
that there is no duplication or
multiple payment for the same
investment or costs, that the grant
goes to the party making the actual
expenditures for Qualifying Smart
Grid Investments, and that the
grants made have significant effect
in encouraging and facilitating the
development of a smart grid;
`(3) maintain public records of
grants made, recipients, and
qualifying Smart Grid investments
which have received grants;
`(4) establish procedures to provide
advance payment of moneys up to the
full amount of the grant award; and
`(5) have and exercise the
discretion to deny grants for
investments that do not qualify in
the reasonable judgment of the
Secretary.'.
Sec. 404. Temporary Stimulus Loan
Guarantee Program. (a) Amendment- Title
XVII of the Energy Policy Act of 2005
(42 U.S.C. 16511 et seq.) is amended by
adding the following at the end:
`SEC. 1705. TEMPORARY PROGRAM FOR RAPID
DEPLOYMENT OF RENEWABLE ENERGY AND ELECTRIC
POWER TRANSMISSION PROJECTS.
`(a) In General- Notwithstanding section
1703, the Secretary may make guarantees
under this section only for commercial
technology projects under subsection (b)
that will reach financial close not
later than September 30, 2012.
`(b) Categories- Projects from only the
following categories shall be eligible
for support under this section:
`(1) Renewable energy systems.
`(2) Electric power transmission
systems.
`(c) Authorization Limit- There are
authorized to be appropriated
$10,000,000,000 to the Secretary for
fiscal years 2009 through 2012 to
provide the cost of guarantees made
under section.
`(d) Sunset- The authority to enter into
guarantees under this section shall
expire on September 30, 2012.'.
(b) Table of Contents Amendment- The
table of contents for the Energy Policy
Act of 2005 is amended by inserting
after the item relating to section 1704
the following new item:
`Sec. 1705. Temporary program for
rapid deployment of renewable energy
and electric power transmission
projects.'.
Sec. 405. Weatherization Program
Amendments. (a) Income Level- Section
412(7) of the Energy Conservation and
Production Act (42 U.S.C. 6862(7)) is
amended by striking `150 percent' both
places it appears and inserting `200
percent'.
(b) Assistance Level Per Dwelling Unit-
Section 415(c)(1) of the Energy
Conservation and Production Act (42
U.S.C. 6865(c)(1)) is amended by
striking `$2,500' and inserting
`$5,000'.
(c) Training and Technical Assistance-
Section 416 of the Energy Conservation
and Production Act (42 U.S.C. 6866) is
amended by striking `10 percent' and
inserting `up to 20 percent'.
Sec. 406. Technical Corrections to
Public Utility Regulatory Policies Act
of 1978. (a) Section 111(d) of the
Public Utility Regulatory Policies Act
of 1978 (16 U.S.C. 2621(d)) is amended
by redesignating paragraph (16) relating
to consideration of smart grid
investments (added by section 1307(a) of
Public Law 110-140) as paragraph (18)
and by redesignating paragraph (17)
relating to smart grid information
(added by section 1308(a) of Public Law
110-140) as paragraph (19).
(b) Subsections (b) and (d) of section
112 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2622)
are each amended by striking `(17)
through (18)' in each place it appears
and inserting `(16) through (19)'.
TITLE V--FINANCIAL SERVICES AND GENERAL
GOVERNMENT
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund Program Account
For an additional amount for `Community
Development Financial Institutions Fund
Program Account', $250,000,000, to
remain available until September 30,
2010, for qualified applicants under the
fiscal year 2008 and 2009 funding rounds
of the Community Development Financial
Institutions Program, of which up to
$20,000,000 may be for financial
assistance, technical assistance,
training and outreach programs,
including up to $5,000 for subsistence
expenses, designed to benefit Native
American, Native Hawaiian, and Alaskan
Native communities and provided
primarily through qualified community
development lender organizations with
experience and expertise in community
development banking and lending in
Indian country, Native American
organizations, tribes and tribal
organizations and other suitable
providers and up to $5,000,000 may be
used for administrative expenses:
Provided, That for purposes of the
fiscal year 2008 and 2009 funding
rounds, the following statutory
provisions are hereby waived: 12 U.S.C.
4707(e) and 12 U.S.C. 4707(d):
Provided further, That no awardee,
together with its subsidiaries and
affiliates, may be awarded more than 15
percent of the aggregate funds available
during each of fiscal years 2008 and
2009 from the Community Development
Financial Institutions Program:
Provided further, That no later
than 60 days after the date of enactment
of this Act, the Department of the
Treasury shall submit to the Committees
on Appropriations of the House of
Representatives and the Senate a
detailed expenditure plan for funds
provided under this heading.
DISTRICT OF COLUMBIA
Federal Payments
federal payment to the district of
columbia water and sewer authority
For a Federal payment to the District of
Columbia Water and Sewer Authority,
$125,000,000, to remain available until
September 30, 2010, to continue
implementation of the Combined Sewer
Overflow Long-Term Control Plan:
Provided, That the District of
Columbia Water and Sewer Authority
provide a 100 percent match for this
payment: Provided further, That
no later than 60 days after the date of
enactment of this Act, the District of
Columbia Water and Sewer Authority shall
submit to the Committees on
Appropriations of the House of
Representatives and the Senate a
detailed expenditure plan for funds
provided under this heading:
Provided further, That such
expenditure plan shall include a
description of each specific project,
how specific projects will further the
objectives of the Long-Term Control
Plan, and all funding sources for each
project.
GENERAL SERVICES ADMINISTRATION
Real Property Activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
For an additional amount to be deposited
in the Federal Buildings Fund,
$5,548,000,000, to carry out the
purposes of the Fund, of which not less
than $1,400,000,000 shall be available
for Federal buildings and United States
courthouses, not less than
$1,200,000,000 shall be available for
border stations, and not less than
$2,500,000,000 shall be available for
measures necessary to convert GSA
facilities to High-Performance Green
Buildings, as defined in section 401 of
Public Law 110-140: Provided,
That not to exceed $108,000,000 of the
amounts provided under this heading may
be expended for rental of space, related
to leasing of temporary space in
connection with projects funded under
this heading: Provided further,
That not to exceed $127,000,000 of the
amounts provided under this heading may
be expended for building operations, for
the administrative costs of completing
projects funded under this heading:
Provided further, That not less
than $5,000,000,000 of the funds
provided under this heading shall be
obligated by September 30, 2010:
Provided further, That the
Administrator of General Services is
authorized to initiate design,
construction, repair, alteration, and
other projects through existing
authorities of the Administrator:
Provided further, That the General
Services Administration shall submit a
detailed plan, by project, regarding the
use of funds made available in this Act
to the Committees on Appropriations of
the House of Representatives and the
Senate within 60 days of enactment of
this Act: Provided further,
That of the amounts provided for
converting GSA facilities to
High-Performance Green Buildings,
$4,000,000 shall be transferred to and
merged with `Government-Wide Policy',
for carrying out the provisions of
section 436 of the Energy Independence
and Security Act of 2007 (Public Law
110-140), establishing an Office of
Federal High-Performance Green
Buildings, to remain available until
September 30, 2010: Provided
further, That within the overall
amount to be deposited into the Fund,
$448,000,000 shall remain available
until September 30, 2011, for the
development and construction of the
headquarters for the Department of
Homeland Security, except that none of
the preceding provisos shall apply to
amounts made available under this
proviso.
Energy-Efficient Federal Motor Vehicle
Fleet Procurement
For capital expenditures and necessary
expenses of acquiring motor vehicles
with higher fuel economy, including:
hybrid vehicles; neighborhood electric
vehicles; electric vehicles; and
commercially-available, plug-in hybrid
vehicles, $300,000,000, to remain
available until September 30, 2011.
Office of Inspector General
For an additional amount for the Office
of the Inspector General, to remain
available until September 30, 2011,
$2,000,000 and an additional $5,000,000
for such purposes, to remain available
until September 30, 2012.
RECOVERY ACT ACCOUNTABILITY AND
TRANSPARENCY BOARD
For necessary expenses of the Recovery
Act Accountability and Transparency
Board to carry out the provisions of
title XV of this Act, $7,000,000, to
remain available until September 30,
2010.
SMALL BUSINESS ADMINISTRATION
Salaries and Expenses
For an additional amount, to remain
available until September 30, 2010,
$84,000,000, of which $24,000,000 is for
marketing, management, and technical
assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4))
by intermediaries that make microloans
under the microloan program, of which
$15,000,000 is for lender oversight
activities as authorized in section
501(c) of this title, and of which
$20,000,000 is for improving,
streamlining, and automating information
technology systems related to lender
processes and lender oversight:
Provided, That no later than 60
days after the date of enactment of this
Act, the Small Business Administration
shall submit to the Committees on
Appropriations of the House of
Representatives and the Senate a
detailed expenditure plan for funds
provided under the heading `Small
Business Administration' in this Act.
Office of Inspector General
For an additional amount for the Office
of Inspector General in carrying out the
provisions of the Inspector General Act
of 1978, $10,000,000, to remain
available until September 30, 2011.
Surety Bond Guarantees Revolving Fund
For additional capital for the Surety
Bond Guarantees Revolving Fund,
authorized by the Small Business
Investment Act of 1958, $15,000,000, to
remain available until expended.
Business Loans Program Account
For an additional amount for the cost of
direct loans, $6,000,000, to remain
available until September 30, 2010, and
for an additional amount for the cost of
guaranteed loans, $615,000,000, to
remain available until September 30,
2010: Provided, That of the
amount for the cost of guaranteed loans,
$515,000,000 shall be for loan subsidies
and loan modifications for loans to
small business concerns authorized in
section 501(a) of this title; and
$100,000,000 shall be for loan subsidies
and loan modifications for loans to
small business concerns authorized in
section 501(b) of this title:
Provided further, That such costs,
including the cost of modifying such
loans, shall be as defined in section
502 of the Congressional Budget Act of
1974.
Administrative Provisions--Small
Business Administration
Sec. 501. Economic Stimulus for Small
Business Concerns. (a) Temporary Fee
Elimination for the 7(a) Loan Program-
Until September 30, 2010, and to the
extent that the cost of such elimination
of fees is offset by appropriations,
with respect to each loan guaranteed
under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) for which the
application is approved on or after the
date of enactment of this Act, the
Administrator shall--
(1) in lieu of the fee otherwise
applicable under section 7(a)(23)(A)
of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect no fee; and
(2) in lieu of the fee otherwise
applicable under section 7(a)(18)(A)
of the Small Business Act (15 U.S.C.
636(a)(18)(A)), collect no fee.
(b) Temporary Fee Elimination for the
504 Loan Program-
(1) IN GENERAL- Until September 30,
2010, and to the extent the cost of
such elimination in fees is offset
by appropriations, with respect to
each project or loan guaranteed by
the Administrator under title V of
the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.) for
which an application is approved or
pending approval on or after the
date of enactment of this Act--
(A) the Administrator shall, in
lieu of the fee otherwise
applicable under section
503(d)(2) of the Small Business
Investment Act of 1958 (15
U.S.C. 697(d)(2)), collect no
fee;
(B) a development company shall,
in lieu of the processing fee
under section 120.971(a)(1) of
title 13, Code of Federal
Regulations (relating to fees
paid by borrowers), or any
successor thereto, collect no
fee.
(2) REIMBURSEMENT FOR WAIVED FEES-
(A) IN GENERAL- To the extent
that the cost of such payments
is offset by appropriations, the
Administrator shall reimburse
each development company that
does not collect a processing
fee pursuant to paragraph
(1)(B).
(B) AMOUNT- The payment to a
development company under
subparagraph (A) shall be in an
amount equal to 1.5 percent of
the net debenture proceeds for
which the development company
does not collect a processing
fee pursuant to paragraph
(1)(B).
(c) Temporary Fee Elimination of Lender
Oversight Fees- Until September 30,
2010, and to the extent the cost of such
elimination in fees is offset by
appropriations, the Administrator shall,
in lieu of the fee otherwise applicable
under section 5(b)(14) of the Small
Business Act (15 U.S.C. 634(b)(14)),
collect no fee.
(d) Application of Fee Eliminations- The
Administrator shall eliminate fees under
subsections (a), (b), and (c) until the
amount provided for such purposes, as
applicable, under the headings `Salaries
and Expenses' and `Business Loans
Program Account' under the heading
`Small Business Administration' under
this Act are expended.
Sec. 502. Financial Assistance Program
Improvements. (a) 7(a) Loan Maximum
Amount- Section 7(a)(3)(A) of the Small
Business Act (15 U.S.C. 636(a)(3)(A)) is
amended by striking `$1,500,000 (or if
the gross loan amount would exceed
$2,000,000)' and inserting `$2,250,000
(or if the gross loan amount would
exceed $3,000,000)'.
(b) Small Business Investment Companies-
(1) MAXIMUM LEVERAGE- Section 303(b)
of the Small Business Investment Act
of 1958 (15 U.S.C. 683(b)) is
amended--
(A) in paragraph (2), by
striking subparagraphs (A), (B),
and (C) and inserting the
following:
`(A) IN GENERAL- The maximum
amount of outstanding leverage
made available to any 1 company
licensed under section 301(c)
may not exceed the lesser of--
`(i) 300 percent of the
private capital of the
company; or
`(B) MULTIPLE LICENSES UNDER
COMMON CONTROL- The maximum
amount of outstanding leverage
made available to 2 or more
companies licensed under section
301(c) that are commonly
controlled (as determined by the
Administrator) may not exceed
$225,000,000.
`(C) INVESTMENTS IN LOW-INCOME
GEOGRAPHIC AREAS-
`(i) IN GENERAL- The maximum
amount of outstanding
leverage made available to--
`(I) any 1 company
described in clause (ii)
may not exceed the
lesser of--
`(aa) 300 percent of private
capital of the company; or
`(bb) $175,000,000; and
`(II) 2 or more
companies described in
clause (ii) that are
commonly controlled (as
determined by the
Administrator) may not
exceed $250,000,000.
`(ii) APPLICABILITY- A
company described in this
clause is a company licensed
under section 301(c) that
certifies in writing that
not less than 50 percent of
the dollar amount of
investments of that company
shall be made in companies
that are located in a
low-income geographic area
(as that term is defined in
section 351).'; and
(B) by striking paragraph (4).
(2) INVESTMENTS IN SMALLER
ENTERPRISES- Section 303(d) of the
Small Business Investment Act of
1958 (15 U.S.C. 683(d)) is amended
to read as follows:
`(d) Investments in Smaller Enterprises-
The Administrator shall require each
licensee, as a condition of approval of
an application for leverage, to certify
in writing that not less than 25 percent
of the aggregate dollar amount of
financings of that licensee shall be
provided to smaller enterprises.'.
(3) MAXIMUM INVESTMENT IN A COMPANY-
Section 306(a) of the Small Business
Investment Act of 1958 (15 U.S.C.
686(a)) is amended by striking `20
per centum' and inserting `30
percent'.
(c) Maximum 504 Loan Size- Section
502(2)(A) of the Small Business
Investment Act of 1958 (15 U.S.C.
696(2)(A)) is amended--
(1) in clause (i), by striking
`$1,500,000' and inserting
`$3,000,000';
(2) in clause (ii), by striking
`$2,000,000' and inserting
`$3,500,000'; and
(3) in clause (iii), by striking
`$4,000,000' and inserting
`$5,500,000'.
Sec. 503. Low-Interest Refinancing.
Section 502 of the Small Business
Investment Act of 1958 (15 U.S.C. 696)
is amended by adding at the end the
following:
`(7) PERMISSIBLE DEBT FINANCING- A
financing under this title may
include refinancing of existing
indebtedness, in an amount not to
exceed 50 percent of the projected
cost of the project financed under
this title, if--
`(A) the project financed under
this title involves the
expansion of a small business
concern;
`(B) the existing indebtedness
is collateralized by fixed
assets;
`(C) the existing indebtedness
was incurred for the benefit of
the small business concern;
`(D) the proceeds of the
existing indebtedness were used
to acquire land (including a
building situated thereon), to
construct or expand a building
thereon, or to purchase
equipment;
`(E) the borrower has been
current on all payments due on
the existing indebtedness for
not less than 1 year preceding
the proposed date of
refinancing;
`(F) the financing under this
title will provide better terms
or a better rate of interest
than exists on the existing
indebtedness on the proposed
date of refinancing;
`(G) the financing under this
title is not being used to
refinance any debt guaranteed by
the Government; and
`(H) the financing under this
title will be used only for--
`(i) refinancing existing
indebtedness; or
`(ii) costs relating to the
project financed under this
title.'.
Sec. 504. Definitions. Under the heading
`Small Business Administration' in this
title--
(1) the terms `Administration' and
`Administrator' mean the Small
Business Administration and the
Administrator thereof, respectively;
(2) the term `development company'
has the meaning given the term
`development companies' in section
103 of the Small Business Investment
Act of 1958 (15 U.S.C. 662); and
(3) the term `small business
concern' has the same meaning as in
section 3 of the Small Business Act
(15 U.S.C. 632).
SEC. 505. SURETY BONDS.
(a) Maximum Bond Amount- Section
411(a)(1) of the Small Business
Investment Act of 1958 (15 U.S.C.
694b(a)(1)) is amended--
(1) by inserting `(A)' after `(1)';
(2) by striking `$2,000,000' and
inserting `$5,000,000'; and
(3) by adding at the end the
following:
`(B) The Administrator may guarantee a
surety under subparagraph (A) for a
total work order or contract amount that
does not exceed $10,000,000, if a
contracting officer of a Federal agency
certifies that such a guarantee is
necessary.'.
(b) Size Standards- Section 410 of the
Small Business Investment Act of 1958
(15 U.S.C. 694a) is amended by adding at
the end the following:
`(9) Notwithstanding any other
provision of law or any rule,
regulation, or order of the
Administration, for purposes of
sections 410, 411, and 412 the term
`small business concern' means a
business concern that meets the size
standard for the primary industry in
which such business concern, and the
affiliates of such business concern,
is engaged, as determined by the
Administrator in accordance with the
North American Industry
Classification System.'.
(c) Sunset- The amendments made by this
section shall remain in effect until
September 30, 2010.
Sec. 506- Office of Inspector General.
For an additional amount for `Treasury
Office of Inspector General for Tax
Administration', $7,000,000, to remain
available until September 30, 2012, for
oversight and audit of programs grants
and activities funded under this title.
TITLE VI--DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HOMELAND SECURITY
Office of the Under Secretary for
Management
For an additional amount for the `Office
of the Under Secretary for Management',
$198,000,000, to remain available until
September 30, 2011, solely for planning,
design, and construction costs,
including site security, information
technology infrastructure, fixtures, and
related costs to consolidate the
Department of Homeland Security
headquarters: Provided, That no
later than 60 days after the date of
enactment of this Act, the Secretary of
Homeland Security, in consultation with
the Administrator of General Services,
shall submit to the Committees on
Appropriations of the Senate and the
House of Representatives a plan for the
expenditure of these funds.
office of inspector general
For an additional amount for the `Office
of Inspector General', $5,000,000, to
remain available until September 30,
2012, for oversight and audit of
programs, grants, and projects funded
under this title.
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for `Salaries
and Expenses', $198,000,000, to remain
available until September 30, 2010, of
which $100,800,000 shall be for the
procurement and deployment of
non-intrusive inspection systems to
improve port security; and of which
$97,200,000 shall be for procurement and
deployment of tactical communications
equipment and radios: Provided,
That no later than 45 days after the
date of enactment of this Act, the
Secretary of Homeland Security shall
submit to the Committees on
Appropriations of the Senate and the
House of Representatives a plan for
expenditure of these funds.
border security fencing, infrastructure,
and technology
For an additional amount for `Border
Security Fencing, Infrastructure, and
Technology', $200,000,000, to remain
available until September 30, 2010, for
expedited development and deployment of
border security technology on the
Southwest border: Provided,
That no later than 45 days after the
date of enactment of this Act, the
Secretary of Homeland Security shall
submit to the Committees on
Appropriations of the Senate and the
House of Representatives a plan for
expenditure of these funds.
construction
For an additional amount for
`Construction', $800,000,000, to remain
available until expended, solely for
planning, management, design,
alteration, and construction of U.S.
Customs and Border Protection owned land
border ports of entry: Provided,
That no later than 45 days after the
date of enactment of this Act, the
Secretary of Homeland Security shall
submit to the Committees on
Appropriations of the Senate and the
House of Representatives a plan for
expenditure of these funds.
U.S. Immigration and Customs Enforcement
automation modernization
For an additional amount for `Automation
Modernization', $27,800,000, to remain
available until September 30, 2010, for
the procurement and deployment of
tactical communications equipment and
radios: Provided, That no later
than 45 days after the date of enactment
of this Act, the Secretary of Homeland
Security shall submit to the Committees
on Appropriations of the Senate and the
House of Representatives a plan for
expenditure of these funds.
Transportation Security Administration
aviation security
For an additional amount for `Aviation
Security', $1,000,000,000, to remain
available until September 30, 2010, for
procurement and installation of checked
baggage explosives detection systems and
checkpoint explosives detection
equipment: Provided, That no
later than 45 days after the date of
enactment of this Act, the Secretary of
Homeland Security shall submit to the
Committees on Appropriations of the
Senate and the House of Representatives
a plan for the expenditure of these
funds.
Coast Guard
acquisition, construction, and
improvements
For an additional amount for
`Acquisition, Construction, and
Improvements', $450,000,000, to remain
available until September 30, 2010, of
which $195,000,000 shall be for shore
facilities and aids to navigation
facilities; and of which $255,000,000
shall be for priority procurements due
to materials and labor cost increases,
and to repair, renovate, assess, or
improve vessels: Provided, That
amounts made available for the
activities under this heading shall be
available for all necessary expenses
related to the oversight and management
of such activities: Provided
further, That no later than 45 days
after the date of enactment of this Act,
the Secretary of Homeland Security shall
submit to the Committees on
Appropriations of the Senate and the
House of Representatives a plan for the
expenditure of these funds.
alteration of bridges
For an additional amount for `Alteration
of Bridges', $240,400,000, to remain
available until September 30, 2010, for
alteration or removal of obstructive
bridges, as authorized by section 6 of
the Truman-Hobbs Act (33 U.S.C. 516):
Provided, That no later than 45
days after the date of enactment of this
Act, the Secretary of Homeland Security
shall submit to the Committees on
Appropriations of the Senate and the
House of Representatives a plan for the
expenditure of these funds.
Federal Emergency Management Agency
management and administration
For an additional amount for `Management
and Administration', $6,000,000 for the
acquisition of communications response
vehicles to be deployed in response to a
disaster or a national security event.
state and local programs
For an additional amount for grants,
$950,000,000, to be allocated as
follows:
(1) $100,000,000, to remain
available until September 30, 2010,
for Public Transportation Security
Assistance, Railroad Security
Assistance, and Systemwide Amtrak
Security Upgrades under sections
1406, 1513, and 1514 of the
Implementing Recommendations of the
9/11 Commission Act of 2007 (Public
Law 110-53; 6 U.S.C. 1135, 1163, and
1164).
(2) $100,000,000, to remain
available until September 30, 2010,
for Port Security Grants in
accordance with 46 U.S.C. 70107,
notwithstanding 46 U.S.C. 70107(c).
(3) $250,000,000, to remain
available until September 30, 2010,
for upgrading, modifying, or
constructing emergency operations
centers under section 614 of the
Robert T. Stafford Disaster Relief
and Emergency Assistance Act,
notwithstanding section 614(c) of
that Act or for upgrading,
modifying, or constructing State and
local fusion centers as defined by
section 210A(j)(1) of the Homeland
Security Act of 2002 (6 U.S.C.
124h(j)(1)).
(4) $500,000,000 for construction to
upgrade or modify critical
infrastructure, as defined in
section 1016(e) of the USA PATRIOT
Act of 2001 (42 U.S.C. 5195c(e)), to
mitigate consequences related to
potential damage from all-hazards:
Provided, That funds in
this paragraph shall remain
available until September 30, 2011:
Provided further, That 5
percent shall be for program
administration: Provided
further, That no later than 60
days after the date of enactment of
this Act, the Secretary of Homeland
Security shall submit to the
Committees on Appropriations of the
Senate and the House of
Representatives a plan for
expenditure of these funds.
firefighter assistance grants
For an additional amount for competitive
grants, $500,000,000, to remain
available until September 30, 2010, for
modifying, upgrading, or constructing
State and local fire stations:
Provided, That up to 5 percent
shall be for program administration:
Provided further, That no grant
shall exceed $15,000,000.
disaster assistance direct loan program
account
Notwithstanding section 417(b) of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act, the amount of
any such loan issued pursuant to this
section for major disasters occurring in
calendar year 2008 may exceed
$5,000,000, and may be equal to not more
than 50 percent of the annual operating
budget of the local government in any
case in which that local government has
suffered a loss of 25 percent or more in
tax revenues: Provided, That
the cost of modifying such loans shall
be as defined in section 502 of the
Congressional Budget Act of 1974 (2
U.S.C. 661a).
emergency food and shelter
For an additional amount to carry out
the emergency food and shelter program
pursuant to title III of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331 et seq.), $100,000,000:
Provided, That total
administrative costs shall not exceed
3.5 percent of the total amount made
available under this heading.
Federal Law Enforcement Training Center
acquisition, construction, improvements,
and related expenses
For an additional amount for
`Acquisition, Construction,
Improvements, and Related Expenses',
$15,000,000, to remain available until
September 30, 2010, for security systems
and law enforcement upgrades for all
Federal Law Enforcement Training Center
facilities: Provided, That no
later than 45 days after the date of
enactment of this Act, the Secretary of
Homeland Security shall submit to the
Committees on Appropriations of the
Senate and the House of Representatives
a plan for the expenditure of these
funds.
GENERAL PROVISIONS--THIS TITLE
Sec. 601. Notwithstanding any other
provision of law, the President shall
establish an arbitration panel under the
Federal Emergency Management Agency
public assistance program to expedite
the recovery efforts from Hurricanes
Katrina, Rita, Gustav, and Ike within
the Gulf Coast Region. The arbitration
panel shall have sufficient authority
regarding the award or denial of
disputed public assistance applications
for covered hurricane damage under
section 403, 406, or 407 of the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5170b, 5172, or 5173) for a project the
total amount of which is more than
$500,000.
Sec. 602. The Administrator of the
Federal Emergency Management Agency may
not prohibit or restrict the use of
funds designated under the hazard
mitigation grant program for damage
caused by Hurricanes Katrina and Rita if
the homeowner who is an applicant for
assistance under such program commenced
work otherwise eligible for hazard
mitigation grant program assistance
under section 404 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) without
approval in writing from the
Administrator.
TITLE VII--INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for `Management
of Lands and Resources', $135,000,000,
to remain available until September 30,
2010.
construction
For an additional amount for
`Construction', $180,000,000, to remain
available until September 30, 2010.
wildland fire management
For an additional amount for `Wildland
Fire Management', $15,000,000, to remain
available until September 30, 2010.
United States Fish and Wildlife Service
resource management
For an additional amount for `Resource
Management', $165,000,000, to remain
available until September 30, 2010.
construction
For an additional amount for
`Construction', $110,000,000, to remain
available until September 30, 2010.
National Park Service
operation of the national park system
For an additional amount for `Operation
of the National Park System',
$158,000,000, to remain available until
September 30, 2010.
construction
For an additional amount for
`Construction', $589,000,000, to remain
available until September 30, 2010.
United States Geological Survey
surveys, investigations, and research
For an additional amount for `Surveys,
Investigations, and Research',
$135,000,000, to remain available until
September 30, 2010.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for `Operation
of Indian Programs', $40,000,000, to
remain available until September 30,
2010, of which $20,000,000 shall be for
the housing improvement program.
construction
For an additional amount for
`Construction', $522,000,000, to remain
available until September 30, 2010.
indian guaranteed loan program account
For an additional amount for `Indian
Guaranteed Loan Program Account',
$10,000,000, to remain available until
September 30, 2010.
DEPARTMENTAL OFFICES
Insular Affairs
assistance to territories
For an additional amount for `Assistance
to Territories', $62,000,000, to remain
available until September 30, 2010.
Office of Inspector General
salaries and expenses
For an additional amount for `Office of
Inspector General', $7,600,000, to
remain available until September 30,
2011, and an additional $7,400,000 for
such purposes, to remain available until
September 30, 2011.
Department-Wide Programs
central hazardous materials fund
For an additional amount for `Central
Hazardous Materials Fund', $20,000,000,
to remain available until September 30,
2010.
ENVIROMENTAL PROTECTION AGENCY
Hazardous Substance Superfund
(including transfers of funds)
For an additional amount for `Hazardous
Substance Superfund', $600,000,000, to
remain available until September 30,
2010, as a payment from general revenues
to the Hazardous Substance Superfund, to
carry out remedial actions:
Provided, That the Administrator
may retain up to 2 percent of the funds
appropriated herein for Superfund
remedial actions for program oversight
and support purposes, and may transfer
those funds to other accounts as needed.
Leaking Underground Storage Tank Trust
Fund Program
For an additional amount for `Leaking
Underground Storage Tank Trust Fund
Program', $200,000,0000, to remain
available until September 30, 2010, for
cleanup activities: Provided,
That none of these funds shall be
subject to cost share requirements.
State and Tribal Assistance Grants
(including transfers of funds)
For an additional amount for `State and
Tribal Assistance Grants',
$6,400,000,000, to remain available
until September 30, 2010, of which
$4,000,000,000 shall be for making
capitalization grants for the Clean
Water State Revolving Funds under title
VI of the Federal Water Pollution
Control Act, as amended; of which
$2,000,000,000 shall be for making
capitalization grants for the Drinking
Water State Revolving Fund under section
1452 of the Safe Drinking Water Act, as
amended; of which $100,000,000 shall be
available for Brownfields remediation
grants pursuant to section 104(k)(3) of
the Comprehensive Environmental
Response, Compensation and Liability Act
of 1980, as amended; and of which
$300,000,000 shall be for Diesel
Emission Reduction Act grants pursuant
to title VII, subtitle G of the Energy
Policy Act of 2005, as amended:
Provided, That notwithstanding the
priority ranking they would otherwise
receive under each program, priority for
funds appropriated herein for the Clean
Water State Revolving Funds and Drinking
Water State Revolving Funds (Revolving
Funds) shall be allocated to projects
that are ready to proceed to
construction within 180 days of
enactment of this Act: Provided
further, That the Administrator of
the Environmental Protection Agency
(Administrator) may reallocate funds
appropriated herein for the Revolving
Funds that are not under binding
commitments to proceed to construction
within 180 days of enactment of this
Act: Provided further, That
notwithstanding any other provision of
law, financial assistance provided from
funds appropriated herein for the
Revolving Funds may include additional
subsidization, including forgiveness of
principal and negative interest loans:
Provided further, That not less
than 15 percent of the funds
appropriated herein for the Revolving
Funds shall be designated for green
infrastructure, water efficiency
improvements or other environmentally
innovative projects: Provided
further, That notwithstanding the
limitation on amounts specified in
section 518(c) of the Federal Water
Pollution Control Act, up to a total of
1.5 percent of the funds appropriated
herein for the Clean Water State
Revolving Funds may be reserved by the
Administrator for tribal grants under
section 518(c) of such Act: Provided
further, That section 1452(k) of
the Safe Drinking Water Act shall not
apply to amounts appropriated herein for
the Drinking Water State Revolving
Funds: Provided further, That
the Administrator may exceed the 30
percent limitation on State grants for
funds appropriated herein for Diesel
Emission Reduction Act grants if the
Administrator determines such action
will expedite allocation of funds:
Provided further, That none of the
funds appropriated herein shall be
subject to cost share requirements:
Provided further, That the
Administrator may retain up to 0.25
percent of the funds appropriated herein
for the Clean Water State Revolving
Funds and Drinking Water State Revolving
Funds and up to 1.5 percent of the funds
appropriated herein for the Diesel
Emission Reduction Act grants program
for program oversight and support
purposes and may transfer those funds to
other accounts as needed.
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
For an additional amount for `Capital
Improvement and Maintenance',
$650,000,000, to remain available until
September 30, 2010, which shall include
remediation of abandoned mine sites and
support costs necessary to carry out
this work.
wildland fire management
For an additional amount for `Wildland
Fire Management', $485,000,000, to
remain available until September 30,
2010, for hazardous fuels reduction and
hazard mitigation activities in areas at
high risk of catastrophic wildfire, of
which $260,000,000 is available for work
on State and private lands using all the
authorities available to the Forest
Service: Provided, That of the
funds provided for State and private
land fuels reduction activities, up to
$50,000,000 may be used to make grants
for the purpose of creating incentives
for increased use of biomass from
national forest lands.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for `Indian
Health Services', $135,000,000, to
remain available until September 30,
2010, of which $50,000,000 is for
contract health services; and of which
$85,000,000 is for health information
technology: Provided, That the
amount made available for health
information technology activities may be
used for both telehealth services
development and related infrastructure
requirements that are typically funded
through the `Indian Health Facilities'
account: Provided further, That
notwithstanding any other provision of
law, health information technology funds
provided within this title shall be
allocated at the discretion of the
Director of the Indian Health Service.
indian health facilities
For an additional amount for `Indian
Health Facilities', $410,000,000, to
remain available until September 30,
2010: Provided, That for the
purposes of this Act, spending caps
included within the annual appropriation
for `Indian Health Facilities' for the
purchase of medical equipment shall not
apply.
SMITHSONIAN INSTITUTION
Facilities Capital
For an additional amount for `Facilities
Capital', $75,000,000, to remain
available until September 30, 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 701. (a) Within 30 days of
enactment of this Act, each agency
receiving funds under this title shall
submit a general plan for the
expenditure of such funds to the House
and Senate Committees on Appropriations.
(b) Within 90 days of enactment of this
Act, each agency receiving funds under
this title shall submit to the
Committees a report containing detailed
project level information associated
with the general plan submitted pursuant
to subsection (a).
Sec. 702. In carrying out the work for
which funds in this title are being made
available, the Secretary of the Interior
and the Secretary of Agriculture may
utilize the Public Lands Corps, Youth
Conservation Corps, Job Corps and other
related partnerships with Federal,
State, local, tribal or non-profit
groups that serve young adults.
TITLE VIII--DEPARTMENTS OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for `Training
and Employment Services' for activities
authorized by the Workforce Investment
Act of 1998 (`WIA'), $3,250,000,000,
which shall be available on the date of
enactment of this Act, as follows:
(1) $500,000,000 for adult
employment and training activities,
including supportive services and
needs-related payments described in
section 134(e)(2) and (3) of the
WIA: Provided, That a
priority use of these funds shall be
services to individuals described in
134(d)(4)(E) of the WIA;
(2) $1,200,000,000 for grants to the
States for youth activities,
including summer employment for
youth: Provided, That no
portion of such funds shall be
reserved to carry out section
127(b)(1)(A) of the WIA:
Provided further, That for
purposes of section 127(b)(1)(C)(iv)
of the WIA, funds available for
youth activities shall be allotted
as if the total amount available for
youth activities in the fiscal year
does not exceed $1,000,000,000:
Provided further, That, with
respect to the youth activities
provided with such funds, section
101(13)(A) of the WIA shall be
applied by substituting `age 24' for
`age 21': Provided further,
That the work readiness performance
indicator described in section
136(b)(2)(A)(ii)(I) of the WIA shall
be the only measure of performance
used to assess the effectiveness of
youth activities provided with such
funds;
(3) $1,000,000,000 for grants to the
States for dislocated worker
employment and training activities;
(4) $200,000,000 for national
emergency grants;
(5) $250,000,000 under the
dislocated worker national reserve
for a program of competitive grants
for worker training in high growth
and emerging industry sectors and
assistance under 132(b)(2)(A) of the
WIA: Provided, That the
Secretary of Labor shall give
priority when awarding such grants
to projects that prepare workers for
careers in energy efficiency and
renewable energy as described in
section 171(e)(1)(B) of the WIA and
for careers in the health care
sector; and
(6) $100,000,000 for YouthBuild
activities as described in section
173A of the WIA: Provided,
That for program years 2008 and
2009, the YouthBuild program may
serve an individual who has dropped
out of high school and re-enrolled
in an alternative school, if that
re-enrollment is part of a
sequential service strategy:
Provided, That funds made
available in this paragraph shall
remain available through June 30,
2010: Provided further,
That a local board may award a
contract to an institution of higher
education if the local board
determines that it would facilitate
the training of multiple individuals
in high-demand occupations, if such
contract does not limit customer
choice.
community service employment for older
americans
For an additional amount for `Community
Service Employment for Older Americans'
for carrying out title V of the Older
Americans Act of 1965, $120,000,000,
which shall be available on the date of
enactment of this Act and shall remain
available through June 30, 2010:
Provided, That funds shall be
allotted within 30 days of such
enactment to current grantees in
proportion to their allotment in program
year 2008: Provided further,
That funds made available under this
heading in this Act may, in accordance
with section 517(c) of the Older
Americans Act of 1965, be recaptured and
reobligated.
state unemployment insurance and
employment service operations
For an additional amount for `State
Unemployment Insurance and Employment
Service Operations' for grants to States
in accordance with section 6 of the
Wagner-Peyser Act, $400,000,000, which
may be expended from the Employment
Security Administration account in the
Unemployment Trust Fund: Provided,
That such funds shall be available on
the date of enactment of this Act and
remain available to the States through
September 30, 2010: Provided
further, That $250,000,000 of such
funds shall be used by States for
reemployment services for unemployment
insurance claimants (including the
integrated Employment Service and
Unemployment Insurance information
technology required to identify and
serve the needs of such claimants):
Provided further, That the
Secretary of Labor shall establish
planning and reporting procedures
necessary to provide oversight of funds
used for reemployment services.
Departmental Management
office of job corps
For an additional amount for `Office of
Job Corps' for construction, alteration
and repairs of buildings and other
facilities, $160,000,000, which shall
remain available through June 30, 2010:
Provided, That the Secretary of
Labor may transfer up to 15 percent of
such funds to meet the operational needs
of Job Corps Centers, which may include
training for careers in the energy
efficiency, renewable energy, and
environmental protection industries:
Provided further, That not later
than 90 days after the date of enactment
of this Act, the Secretary shall provide
to the Committee on Appropriations of
the House of Representatives and the
Senate an operating plan describing the
planned uses of funds available in this
paragraph.
office of inspector general
For an additional amount for the `Office
of Inspector General', $3,000,000, which
shall remain available through September
30, 2011, for salaries and expenses
necessary for oversight and audit of
programs, grants, and projects funded in
this Act and administered by the
Department of Labor.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services
Administration
health resources and services
For an additional amount for `Health
Resources and Services', $1,958,000,000,
which shall remain available through
September 30, 2010, of which $88,000,000
shall be for necessary expenses related
to leasing and renovating a headquarters
building for Public Health Service
agencies and other components of the
Department of Health and Human Services,
including renovation and fit-out costs,
and of which $1,870,000,000 shall be for
grants for construction, renovation and
equipment for health centers receiving
operating grants under section 330 of
the Public Health Service Act,
notwithstanding the limitation in
section 330(e)(3).
Centers for Disease Control and
Prevention
disease control, research, and training
For an additional amount for `Disease
Control, Research, and Training' for
acquisition of real property, equipment,
construction, and renovation of
facilities, including necessary repairs
and improvements to leased laboratories,
$412,000,000, which shall remain
available through September 30, 2010:
Provided, That notwithstanding
any other provision of law, the Centers
for Disease Control and Prevention may
award a single contract or related
contracts for development and
construction of facilities that
collectively include the full scope of
the project: Provided further,
That the solicitation and contract shall
contain the clause `availability of
funds' found at 48 CFR 52.232-18.
National Institutes of Health
national center for research resources
For an additional amount for `National
Center for Research Resources',
$300,000,000, which shall be available
through September 30, 2010, for shared
instrumentation and other capital
research equipment.
office of the director
(including transfer of funds)
For an additional amount for `Office of
the Director', $2,700,000,000, which
shall be available through September 30,
2010: Provided, That
$1,350,000,000 shall be transferred to
the Institutes and Centers of the
National Institutes of Health and to the
Common Fund established under section
402A(c)(1) of the Public Health Service
Act in proportion to the appropriations
otherwise made to such Institutes,
Centers, and Common Fund for fiscal year
2009: Provided further, That
these funds shall be used to support
additional scientific research and shall
be merged with and be available for the
same purposes as the appropriation or
fund to which transferred: Provided
further, That this transfer
authority is in addition to any other
transfer authority available to the
National Institutes of Health:
Provided further, That none of
these funds may be transferred to
`National Institutes of
Health--Buildings and Facilities', the
Center for Scientific Review, the Center
for Information Technology, the Clinical
Center, the Global Fund for HIV/AIDS,
Tuberculosis and Malaria, or the Office
of the Director (except for the transfer
to the Common Fund).
The additional amount available for
`Office of the Director' in the previous
sentence shall be increased by
$6,500,000,000: Provided, That
a total of $7,850,000,000 shall be
transferred pursuant to such sentence:
Provided further, That any
amounts in this sentence shall be
designated as an emergency requirement
and necessary to meet emergency needs
pursuant to section 204(a) of S. Con.
Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th
Congress), the concurrent resolutions on
the budget for fiscal years 2008 and
2009.
buildings and facilities
For an additional amount for `Buildings
and Facilities', $500,000,000, which
shall be available through September 30,
2010, to fund high-priority repair,
construction and improvement projects
for National Institutes of Health
facilities on the Bethesda, Maryland
campus and other agency locations.
Agency for Healthcare Research and
Quality
healthcare research and quality
(including transfer of funds)
For an additional amount for `Healthcare
Research and Quality' to carry out
titles III and IX of the Public Health
Service Act, part A of title XI of the
Social Security Act, and section 1013 of
the Medicare Prescription Drug,
Improvement, and Modernization Act of
2003, $700,000,000 for comparative
clinical effectiveness research, which
shall remain available through September
30, 2010: Provided, That of the
amount appropriated in this paragraph,
$400,000,000 shall be transferred to the
Office of the Director of the National
Institutes of Health (`Office of the
Director') to conduct or support
comparative clinical effectiveness
research under section 301 and title IV
of the Public Health Service Act:
Provided further, That funds
transferred to the Office of the
Director may be transferred to the
Institutes and Centers of the National
Institutes of Health and to the Common
Fund established under section
402A(c)(1) of the Public Health Service
Act: Provided further, That
this transfer authority is in addition
to any other transfer authority
available to the National Institutes of
Health: Provided further, That
within the amount available in this
paragraph for the Agency for Healthcare
Research and Quality, not more than 1
percent shall be made available for
additional full-time equivalents.
In addition, $400,000,000 shall be
available for comparative clinical
effectiveness research to be allocated
at the discretion of the Secretary of
Health and Human Services (`Secretary')
and shall remain available through
September 30, 2010: Provided,
That the funding appropriated in this
paragraph shall be used to accelerate
the development and dissemination of
research assessing the comparative
clinical effectiveness of health care
treatments and strategies, including
through efforts that: (1) conduct,
support, or synthesize research that
compares the clinical outcomes,
effectiveness, and appropriateness of
items, services, and procedures that are
used to prevent, diagnose, or treat
diseases, disorders, and other health
conditions and (2) encourage the
development and use of clinical
registries, clinical data networks, and
other forms of electronic health data
that can be used to generate or obtain
outcomes data: Provided further,
That the Secretary shall enter into a
contract with the Institute of Medicine,
for which no more than $1,500,000 shall
be made available from funds provided in
this paragraph, to produce and submit a
report to the Congress and the Secretary
by not later than June 30, 2009 that
includes recommendations on the national
priorities for comparative clinical
effectiveness research to be conducted
or supported with the funds provided in
this paragraph and that considers input
from stakeholders: Provided further,
That the Secretary shall consider any
recommendations of the Federal
Coordinating Council for Comparative
Clinical Effectiveness Research
established by section 802 of this Act
and any recommendations included in the
Institute of Medicine report pursuant to
the preceding proviso in designating
activities to receive funds provided in
this paragraph and may make grants and
contracts with appropriate entities,
which may include agencies within the
Department of Health and Human Services
and other governmental agencies, as well
as private sector entities, that have
demonstrated experience and capacity to
achieve the goals of comparative
clinical effectiveness research:
Provided further, That the
Secretary shall publish information on
grants and contracts awarded with the
funds provided under this heading within
a reasonable time of the obligation of
funds for such grants and contracts and
shall disseminate research findings from
such grants and contracts to clinicians,
patients, and the general public, as
appropriate: Provided further,
That, to the extent feasible, the
Secretary shall ensure that the
recipients of the funds provided by this
paragraph offer an opportunity for
public comment on the research:
Provided further, That the
Secretary shall provide the Committees
on Appropriations of the House of
Representatives and the Senate, the
Committee on Energy and Commerce and the
Committee on Ways and Means of the House
of Representatives, and the Committee on
Health, Education, Labor, and Pensions
and the Committee on Finance of the
Senate with an annual report on the
research conducted or supported through
the funds provided under this heading.
Administration for Children and Families
payments to states for the child care
and development block grant
For an additional amount for `Payments
to States for the Child Care and
Development Block Grant' for carrying
out the Child Care and Development Block
Grant Act of 1990, $2,000,000,000, which
shall remain available through September
30, 2010: Provided, That funds
provided under this heading shall be
used to supplement, not supplant State
general revenue funds for child care
assistance for low-income families:
Provided further, That, in addition
to the amounts required to be reserved
by the States under section 658G of such
Act, $255,186,000 shall be reserved by
the States for activities authorized
under section 658G, of which $93,587,000
shall be for activities that improve the
quality of infant and toddler care.
social services block grant
For an additional amount for `Social
Services Block Grant,' $400,000,000:
Provided, That notwithstanding
section 2003 of the Social Security Act,
funds shall be allocated to States on
the basis of unemployment: Provided
further, That these funds shall be
obligated to States within 60 calendar
days from the date they become available
for obligation.
children and families services programs
For an additional amount for `Children
and Families Services Programs' for
carrying out activities under the Head
Start Act, $500,000,000, which shall
remain available through September 30,
2010. In addition, $550,000,000, which
shall remain available through September
30, 2010, is hereby appropriated for
expansion of Early Head Start programs,
as described in section 645A of such
Act: Provided, That of the
funds provided in this sentence, up to
10 percent shall be available for the
provision of training and technical
assistance to such programs consistent
with section 645A(g)(2) of such Act, and
up to 3 percent shall be available for
monitoring the operation of such
programs consistent with section 641A of
such Act.
For an additional amount for `Children
and Families Services Programs' for
carrying out activities under sections
674 through 679 of the Community
Services Block Grant Act, $200,000,000,
which shall remain available through
September 30, 2010: Provided,
That of the funds provided under this
paragraph, no part shall be subject to
paragraph (3) of section 674(b) of such
Act: Provided further, That not
less than 5 percent of the funds
allotted to a State from the
appropriation under this paragraph shall
be used under section 675C(b)(1) for
benefits enrollment coordination
activities relating to the
identification and enrollment of
eligible individuals and families in
Federal, State and local benefit
programs.
Administration on Aging
aging services programs
For an additional amount for `Aging
Services Programs,' $100,000,000, of
which $67,000,000 shall be for
Congregate Nutrition Services and
$33,000,000 shall be for Home-Delivered
Nutrition Services: Provided,
That these funds shall remain available
through September 30, 2010.
Office of the Secretary
office of the national coordinator for
health information technology
(including transfer of funds)
For an additional amount for `Office of
the National Coordinator for Health
Information Technology', $3,000,000,000,
to carry out title XIII of this Act
which shall be available until expended:
Provided, That of this amount,
the Secretary of Health and Human
Services shall transfer $20,000,000 to
the Director of the National Institute
of Standards and Technology in the
Department of Commerce for continued
work on advancing health care
information enterprise integration
through activities such as technical
standards analysis and establishment of
conformance testing infrastructure so
long as such activities are coordinated
with the Office of the National
Coordinator for Health Information
Technology: Provided further,
That funds available under this heading
shall become available for obligation
only upon submission of an annual
operating plan by the Secretary to the
Committees on Appropriations of the
House of Representatives and the Senate:
Provided further, That the
Secretary shall provide to the
Committees on Appropriations of the
House of Representatives and the Senate
a report on the actual obligations,
expenditures, and unobligated balances
for each major set of activities not
later than November 1, 2009 and every 6
months thereafter as long as funding
under this heading is available for
obligation or expenditure.
office of the inspector general
For an additional amount for the Office
of the Inspector General, $4,000,000
which shall remain available until
September 30, 2012, and an additional
$15,000,000 for such purposes, to remain
available until September 30, 2012.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For an additional amount for carrying
out title I of the Elementary and
Secondary Education Act of 1965,
$12,400,000,000, which shall be
available through September 30, 2010:
Provided, That $5,500,000,000
shall be for targeted grants under
section 1125, $5,500,000,000 shall be
for education finance incentive grants
under section 1125A, and $1,400,000,000
shall be for school improvement grants
under section 1003(g): Provided
further, That each local
educational agency receiving funds
available under this paragraph for
sections 1125 and 1125A shall use not
less than 15 percent of such funds for
activities serving children who are
eligible pursuant to section
1115(b)(1)(A)(ii) and programs in
section 1112(b)(1)(K): Provided
further, That each local
educational agency receiving funds
available under this paragraph shall be
required to file with the State
educational agency, no later than
December 1, 2009, a school-by-school
listing of per-pupil educational
expenditures from State and local
sources during the 2008-2009 academic
year.
School Improvement Programs
For an additional amount for `School
Improvement Programs,' $1,070,000,000,
which shall be available through
September 30, 2010, for carrying out
activities authorized by part D of title
II of the Elementary and Secondary
Education Act of 1965, and subtitle B of
title VII of the McKinney-Vento Homeless
Assistance Act (`McKinney-Vento'):
Provided, That the Secretary shall
allot $70,000,000 for grants under
McKinney-Vento to each State in
proportion to the number of homeless
students identified by the State during
the 2007-2008 school year relative to
the number of such children identified
nationally during that school year:
Provided further, That State
educational agencies shall subgrant the
McKinney-Vento funds to local
educational agencies on a competitive
basis or according to a formula based on
the number of homeless students
identified by the local educational
agencies in the State: Provided
further, That the Secretary shall
distribute the McKinney-Vento funds to
the States not later than 60 days after
the date of the enactment of this Act:
Provided further, That each
State shall subgrant the McKinney-Vento
funds to local educational agencies not
later than 120 days after receiving its
grant from the Secretary.
special education
For an additional amount for `Special
Education' for carrying out parts B and
C of the Individuals with Disabilities
Education Act (`IDEA'), $13,500,000,000,
which shall remain available through
September 30, 2010: Provided,
That if every State, as defined by
section 602(31) of the IDEA, reaches its
maximum allocation under section
611(d)(3)(B)(iii) of the IDEA, and there
are remaining funds, such funds shall be
proportionally allocated to each State
subject to the maximum amounts contained
in section 611(a)(2) of the IDEA:
Provided further, That by July 1,
2009, the Secretary of Education shall
reserve the amount needed for grants
under section 643(e) of the IDEA, with
any remaining funds to be allocated in
accordance with section 643(c) of the
IDEA: Provided further, That
the amount for section 611(b)(2) of the
IDEA shall be equal to the lesser of the
amount available for that activity
during fiscal year 2008, increased by
the amount of inflation as specified in
section 619(d)(2)(B), or the percentage
increase in the funds appropriated under
section 611(i): Provided further,
That each local educational agency
receiving funds available under this
paragraph for part B shall use not less
than 15 percent for special education
and related services to children
described in section 619(a) of the IDEA.
Rehabilitation Services and Disability
Research
For an additional amount for
`Rehabilitation Services and Disability
Research' for providing grants to States
to carry out the Vocational
Rehabilitation Services program under
part B of title I and parts B and C of
chapter 1 and chapter 2 of title VII of
the Rehabilitation Act of 1973,
$610,000,000, which shall remain
available through September 30, 2010:
Provided, That $500,000,000
shall be available for part B of title I
of the Rehabilitation Act: Provided
further, That funds provided herein
shall not be considered in determining
the amount required to be appropriated
under section 100(b)(1) of the
Rehabilitation Act of 1973 in any fiscal
year: Provided further, That,
notwithstanding section 7(14)(A), the
Federal share of the costs of vocational
rehabilitation services provided with
the funds provided herein shall be 100
percent.
Student Financial Assistance
For an additional amount for `Student
Financial Assistance' to carry out
subpart 1 of part A of title IV of the
Higher Education Act of 1965,
$13,869,000,000: Provided, That
such funds shall be used to increase the
maximum Pell Grant by $281 for award
year 2009-2010, to increase the maximum
Pell Grant by $400 for the award year
2010-2011, and to reduce or eliminate
the Pell Grant shortfall: Provided
further, That these funds shall
remain available through September 30,
2011.
For an additional amount for `Student
Financial Assistance' to carry out part
E of title IV of the Higher Education
Act of 1965, $61,000,000: Provided,
That these funds shall remain available
through September 30, 2010.
Higher Education
For an additional amount for `Higher
Education' for carrying out activities
under part A of title II of the Higher
Education Act of 1965, $50,000,000:
Provided, That these funds shall
remain available through September 30,
2010.
Departmental Management
office of the inspector general
For an additional amount for the `Office
of the Inspector General', $4,000,000,
which shall remain available through
September 30, 2012, for salaries and
expenses necessary for oversight and
audit of programs, grants, and projects
funded in this Act and administered by
the Department of Education and an
additional $10,000,000 for such
purposes, to remain available until
September 30, 2012.
RELATED AGENCIES
CORPORATION FOR NATIONAL AND COMMUNITY
SERVICE
Operating Expenses
(including transfer of funds)
For an additional amount for `Operating
Expenses' to carry out the Domestic
Volunteer Service Act of 1973 (`1973
Act') and the National and Community
Service Act of 1990 (`1990 Act'),
$160,000,000, to remain available
through September 30, 2010:
Provided, That funds made available
in this paragraph may be used to provide
adjustments to awards under subtitle C
of title I of the 1990 Act made prior to
September 30, 2010 for which the Chief
Executive Officer of the Corporation for
National and Community Service (`CEO')
determines that a waiver of the Federal
share limitation is warranted under
section 2521.70 of title 45 of the Code
of Federal Regulations: Provided
further, That of the amount made
available in this paragraph, not less
than $6,000,000 shall be transferred to
`Salaries and Expenses' for necessary
expenses relating to information
technology upgrades: Provided
further, That of the amount
provided in this paragraph, $10,000,000
shall be available for additional
members in the Civilian Community Corps
authorized under subtitle E of title I
of the 1990 Act: Provided further,
That of the amount provided in this
paragraph, $1,000,000 shall be made
available for a one-time supplement
grant to State commissions on national
and community service under section
126(a) of the 1990 Act without regard to
the limitation on Federal share under
section 126(a)(2) of the 1990 Act:
Provided further, That of the
amount made available in this paragraph,
not less than $13,000,000 shall be for
research activities authorized under
subtitle H of title I of the 1990 Act:
Provided further, That of the
amount made available in this paragraph,
not less than $65,000,000 shall be for
programs under title I, part A of the
1973 Act: Provided further,
That funds provided in the previous
proviso shall not be made available in
connection with cost-share agreements
authorized under section 192A(g)(10) of
the 1990 Act: Provided further,
That of the funds available under this
heading, up to 20 percent of funds
allocated to grants authorized under
section 124(b) of title I, subtitle C of
the 1990 Act may be used to administer,
reimburse, or support any national
service program under section 129(d)(2)
of the 1990 Act: Provided further,
That, except as provided herein and in
addition to requirements identified
herein, funds provided in this paragraph
shall be subject to the terms and
conditions under which funds were
appropriated in fiscal year 2008:
Provided further, That the CEO
shall provide the Committees on
Appropriations of the House of
Representatives and the Senate a fiscal
year 2009 operating plan for the funds
appropriated in this paragraph prior to
making any Federal obligations of such
funds in fiscal year 2009, but not later
than 90 days after the date of enactment
of this Act, and a fiscal year 2010
operating plan for such funds prior to
making any Federal obligations of such
funds in fiscal year 2010, but not later
than November 1, 2009, that detail the
allocation of resources and the
increased number of members supported by
the AmeriCorps programs: Provided
further, That the CEO shall provide
to the Committees on Appropriations of
the House of Representatives and the
Senate a report on the actual
obligations, expenditures, and
unobligated balances for each activity
funded under this heading not later than
November 1, 2009, and every 6 months
thereafter as long as funding provided
under this heading is available for
obligation or expenditure.
Office of the Inspector General
For an additional amount for the Office
of the Inspector General, $1,000,000,
which shall remain available until
September 30, 2011.
National Service Trust
(including transfer of funds)
For an additional amount for `National
Service Trust' established under
subtitle D of title I of the National
and Community Service Act of 1990 (`1990
Act'), $40,000,000, which shall remain
available until expended: Provided,
That the Corporation for National and
Community Service may transfer
additional funds from the amount
provided within `Operating Expenses' for
grants made under subtitle C of title I
of the 1990 Act to this appropriation
upon determination that such transfer is
necessary to support the activities of
national service participants and after
notice is transmitted to the Committees
on Appropriations of the House of
Representatives and the Senate:
Provided further,the amount
appropriated for or transferred to the
National Service Trust may be invested
under section 145(b) of the 1990 Act
without regard to the requirement to
apportion funds under 31 U.S.C. 1513(b).
SOCIAL SECURITY ADMINISTRATION
Limitation on Administrative Expenses
(including transfer of funds)
For an additional amount for `Limitation
on Administrative Expenses',
$890,000,000 shall be available as
follows:
(1) $750,000,000 shall remain
available until expended for
necessary expenses of the
replacement of the National Computer
Center and the information
technology costs associated with
such Center: Provided, That
the Commissioner of Social Security
shall notify the Committees on
Appropriations of the House of
Representatives and the Senate not
later than 10 days prior to each
public notice soliciting bids
related to site selection and
construction: Provided further,
That unobligated balances of funds
not needed for this purpose may be
used as described in subparagraph
(2); and
(2) $140,000,000 shall be available
through September 30, 2010 for
information technology acquisitions
and research, which may include
research and activities to
facilitate the adoption of
electronic medical records in
disability claims and the transfer
of funds to `Supplemental Security
Income' to carry out activities
under section 1110 of the Social
Security Act: Provided further,
That not later than 10 days prior to
the obligation of such funds, the
Commissioner shall provide to the
Committees on Appropriations of the
House of Representatives and the
Senate an operating plan describing
the planned uses of such funds.
Office of Inspector General
For an additional amount for the `Office
of Inspector General', $3,000,000, which
shall remain available through September
30, 2012, for salaries and expenses
necessary for oversight and audit of
programs, projects, and activities
funded in this Act and administered by
the Social Security Administration.
GENERAL PROVISIONS--THIS TITLE
Sec. 801. Report on the Impact of Past
and Future Minimum Wage Increases. (a)
In General- Section 8104 of the U.S.
Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law
110-28; 121 Stat. 189) is amended to
read as follows:
`SEC. 8104. REPORT ON THE IMPACT OF PAST
AND FUTURE MINIMUM WAGE INCREASES.
`(a) Study- Beginning on the date that
is 60 days after the date of enactment
of this Act, and every year thereafter
until the minimum wage in the respective
territory is $7.25 per hour, the
Government Accountability Office shall
conduct a study to--
`(1) assess the impact of the
minimum wage increases that occurred
in American Samoa and the
Commonwealth of the Northern Mariana
Islands in 2007 and 2008, as
required under Public Law 110-28, on
the rates of employment and the
living standards of workers, with
full consideration of the other
factors that impact rates of
employment and the living standards
of workers such as inflation in the
cost of food, energy, and other
commodities; and
`(2) estimate the impact of any
further wage increases on rates of
employment and the living standards
of workers in American Samoa and the
Commonwealth of the Northern Mariana
Islands, with full consideration of
the other factors that may impact
the rates of employment and the
living standards of workers,
including assessing how the
profitability of major private
sector firms may be impacted by wage
increases in comparison to other
factors such as energy costs and the
value of tax benefits.
`(b) Report- No earlier than March 15,
2009, and not later than April 15, 2009,
the Government Accountability Office
shall transmit its first report to
Congress concerning the findings of the
study required under subsection (a). The
Government Accountability Office shall
transmit any subsequent reports to
Congress concerning the findings of a
study required by subsection (a) between
March 15 and April 15 of each year.
`(c) Economic Information- To provide
sufficient economic data for the conduct
of the study under subsection (a)--
`(1) the Department of Labor shall
include and separately report on
American Samoa and the Commonwealth
of the Northern Mariana Islands in
its household surveys and
establishment surveys;
`(2) the Bureau of Economic Analysis
of the Department of Commerce shall
include and separately report on
American Samoa and the Commonwealth
of the Northern Mariana Islands in
its gross domestic product data; and
`(3) the Bureau of the Census of the
Department of Commerce shall include
and separately report on American
Samoa and the Commonwealth of the
Northern Mariana Islands in its
population estimates and demographic
profiles from the American Community
Survey,
with the same regularity and to the same
extent as the Department or each Bureau
collects and reports such data for the
50 States. In the event that the
inclusion of American Samoa and the
Commonwealth of the Northern Mariana
Islands in such surveys and data
compilations requires time to structure
and implement, the Department of Labor,
the Bureau of Economic Analysis, and the
Bureau of the Census (as the case may
be) shall in the interim annually report
the best available data that can
feasibly be secured with respect to such
territories. Such interim reports shall
describe the steps the Department or the
respective Bureau will take to improve
future data collection in the
territories to achieve comparability
with the data collected in the United
States. The Department of Labor, the
Bureau of Economic Analysis, and the
Bureau of the Census, together with the
Department of the Interior, shall
coordinate their efforts to achieve such
improvements.'.
(b) Effective Date- The amendment made
by this section shall take effect on the
date of enactment of this Act.
Sec. 802. Federal Coordinating Council
for Comparative Clinical Effectiveness
Research. (a) Establishment- There is
hereby established a Federal
Coordinating Council for Comparative
Clinical Effectiveness Research (in this
section referred to as the `Council').
(b) Purpose; Duties- The Council shall--
(1) assist the offices and agencies
of the Federal Government, including
the Departments of Health and Human
Services, Veterans Affairs, and
Defense, and other Federal
departments or agencies, to
coordinate the conduct or support of
comparative clinical effectiveness
and related health services
research; and
(2) advise the President and
Congress on--
(A) strategies with respect to
the infrastructure needs of
comparative clinical
effectiveness research within
the Federal Government;
(B) appropriate organizational
expenditures for comparative
clinical effectiveness research
by relevant Federal departments
and agencies; and
(C) opportunities to assure
optimum coordination of
comparative clinical
effectiveness and related health
services research conducted or
supported by relevant Federal
departments and agencies, with
the goal of reducing duplicative
efforts and encouraging
coordinated and complementary
use of resources.
(1) NUMBER AND APPOINTMENT- The
Council shall be composed of not
more than 15 members, all of whom
are senior Federal officers or
employees with responsibility for
health-related programs, appointed
by the President, acting through the
Secretary of Health and Human
Services (in this section referred
to as the `Secretary'). Members
shall first be appointed to the
Council not later than 30 days after
the date of the enactment of this
Act.
(A) IN GENERAL- The members of
the Council shall include one
senior officer or employee from
each of the following agencies:
(i) The Agency for
Healthcare Research and
Quality.
(ii) The Centers for
Medicare and Medicaid
Services.
(iii) The National
Institutes of Health.
(iv) The Office of the
National Coordinator for
Health Information
Technology.
(v) The Food and Drug
Administration.
(vi) The Veterans Health
Administration within the
Department of Veterans
Affairs.
(vii) The office within the
Department of Defense
responsible for management
of the Department of Defense
Military Health Care System.
(B) QUALIFICATIONS- At least
half of the members of the
Council shall be physicians or
other experts with clinical
expertise.
(3) CHAIRMAN; VICE CHAIRMAN- The
Secretary shall serve as Chairman of
the Council and shall designate a
member to serve as Vice Chairman.
(1) INITIAL REPORT- Not later than
June 30, 2009, the Council shall
submit to the President and the
Congress a report containing
information describing Federal
activities on comparative clinical
effectiveness research and
recommendations for additional
investments in such research
conducted or supported from funds
made available for allotment by the
Secretary for comparative clinical
effectiveness research in this Act.
(2) ANNUAL REPORT- The Council shall
submit to the President and Congress
an annual report regarding its
activities and recommendations
concerning the infrastructure needs,
appropriate organizational
expenditures and opportunities for
better coordination of comparative
clinical effectiveness research by
relevant Federal departments and
agencies.
(e) Staffing; Support- From funds made
available for allotment by the Secretary
for comparative clinical effectiveness
research in this Act, the Secretary
shall make available not more than 1
percent to the Council for staff and
administrative support.
(transfer of funds)
Sec. 803. (a) Not more than 1 percent of
the funds made available to the
Department of Labor in this title may be
transferred by the Secretary of Labor to
`Employment and Training
Administration--Program Administration',
`Employment Standards
Administration--Salaries and Expenses',
`Occupational Safety and Health
Administration--Salaries and Expenses'
and `Departmental Management--Salaries
and Expenses' for expenses necessary to
administer and coordinate funds made
available to the Department of Labor in
this title; oversee and evaluate the use
of such funds; and enforce applicable
laws and regulations governing worker
rights and protections associated with
the funds made available in this Act.
(b) Not later than 10 days prior to
obligating any funds proposed to be
transferred under subsection (a), the
Secretary shall provide to the
Committees on Appropriations of the
House of Representatives and the Senate
an operating plan describing the planned
uses of each amount proposed to be
transferred.
(c) Funds transferred under this section
may be available for obligation through
September 30, 2010.
Sec. 804. Eligible Employees in the
Recreational Marine Industry. Section
2(3)(F) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C.
902(3)(F)) is amended--
(1) by striking `, repair or
dismantle'; and
(2) by striking the semicolon and
inserting `, or individuals employed
to repair any recreational vessel,
or to dismantle any part of a
recreational vessel in connection
with the repair of such vessel;'.
TITLE IX--LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for `Salaries
and Expenses' of the Government
Accountability Office, $20,000,000, to
remain available until September 30,
2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 901. Government Accountability
Office Reviews and Reports. (a) Reviews
and Reports-
(1) IN GENERAL- The Comptroller
General shall conduct bimonthly
reviews and prepare reports on such
reviews on the use by selected State
and localities of funds made
available in this Act. Such reports,
along with any audits conducted by
the Comptroller General of such
funds, shall be posted on the
Internet and linked to the website
established under this Act by the
Recovery Accountability and
Transparency Board.
(2) REDACTIONS- Any portion of a
report or audit under this
subsection may be redacted when made
publicly available, if that portion
would disclose information that is
not subject to disclosure under
section 552 of title 5, United
States Code (commonly known as the
Freedom of Information Act).
(b) Examination of Records- The
Comptroller General may examine any
records related to obligations of funds
made available in this Act.
Sec. 902. Access of Government
Accountability Office. Each contract
awarded using funds made available in
this Act shall provide that the
Comptroller General and his
representatives are authorized--
(1) to examine any records of the
contractor or any of its
subcontractors, or any State or
local agency administering such
contract, that directly pertain to,
and involve transactions relating
to, the contract or subcontract; and
(2) to interview any current
employee regarding such
transactions.
TITLE X--MILITARY CONSTRUCTION AND
VETERANS AFFAIRS, AND RELATED AGENCIES
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for `Military
Construction, Army', $637,875,000, to
remain available until September 30,
2013, of which $84,100,000 shall be for
child development centers; $481,000,000
shall be for warrior transition
complexes; and $42,400,000 shall be for
health and dental clinics (including
acquisition, construction, installation,
and equipment): Provided, That
notwithstanding any other provision of
law, such funds may be obligated and
expended to carry out planning and
design and military construction
projects in the United States not
otherwise authorized by law:
Provided further, That of the funds
provided under this heading, not to
exceed $30,375,000 shall be available
for study, planning, design, and
architect and engineer services:
Provided further, That within 30
days of enactment of this Act the
Secretary of the Army shall submit to
the Committees on Appropriations of both
Houses of Congress an expenditure plan
for funds provided under this heading
prior to obligation.
Military Construction, Navy and Marine
Corps
For an additional amount for `Military
Construction, Navy and Marine Corps',
$990,092,000, to remain available until
September 30, 2013, of which
$172,820,000 shall be for child
development centers; $174,304,000 shall
be for barracks; $125,000,000 shall be
for health clinic replacement, and
$494,362,000 shall be for energy
conservation and alternative energy
projects (including acquisition,
construction, installation, and
equipment): Provided, That
notwithstanding any other provision of
law, such funds may be obligated and
expended to carry out planning and
design and military construction
projects in the United States not
otherwise authorized by law:
Provided further, That of the funds
provided under this heading, not to
exceed $23,606,000 shall be available
for study, planning, design, and
architect and engineer services:
Provided further, That within 30
days of enactment of this Act the
Secretary of the Navy shall submit to
the Committees on Appropriations of both
Houses of Congress an expenditure plan
for funds provided under this heading
prior to obligation.
Military Construction, Air Force
For an additional amount for `Military
Construction, Air Force', $871,332,000,
to remain available until September 30,
2013, of which $80,100,000 shall be for
child development centers; $612,246,000
shall be for dormitories; and
$138,100,000 shall be for health clinics
(including acquisition, construction,
installation, and equipment):
Provided, That notwithstanding any
other provision of law, such funds may
be obligated and expended to carry out
planning and design and military
construction projects in the United
States not otherwise authorized by law:
Provided further, That of the
funds provided under this heading, not
to exceed $40,886,000 shall be available
for study, planning, design, and
architect and engineer services:
Provided further, That within 30
days of enactment of this Act the
Secretary of the Air Force shall submit
to the Committees on Appropriations of
both Houses of Congress an expenditure
plan for funds provided under this
heading prior to obligation.
Military Construction, Defense-Wide
For an additional amount for `Military
Construction, Defense-Wide',
$118,560,000 for the Energy Conservation
Investment Program, to remain available
until September 30, 2010: Provided,
That notwithstanding any other provision
of law, such funds may be obligated and
expended to carry out planning and
design and military construction
projects in the United States not
otherwise authorized by law:
Provided further, That within 30
days of enactment of this Act the
Secretary of Defense shall submit to the
Committees on Appropriations of both
Houses of Congress an expenditure plan
for funds provided under this heading
prior to obligation.
Military Construction, Army National
Guard
For an additional amount for `Military
Construction, Army National Guard',
$150,000,000 for readiness centers
(including construction, acquisition,
expansion, rehabilitation, and
conversion), to remain available until
September 30, 2013: Provided,
That notwithstanding any other provision
of law, such funds may be obligated and
expended to carry out planning and
design and military construction
projects in the United States not
otherwise authorized by law:
Provided further, That within 30
days of enactment of this Act the
Director of the Army National Guard
shall submit to the Committees on
Appropriations of both Houses of
Congress an expenditure plan for funds
provided under this heading prior to
obligation.
Military Construction, Air National
Guard
For an additional amount for `Military
Construction, Air National Guard',
$110,000,000, to remain available until
September 30, 2013: Provided,
That notwithstanding any other provision
of law, such funds may be obligated and
expended to carry out planning and
design and military construction
projects in the United States not
otherwise authorized by law:
Provided further, That within 30
days of enactment of this Act the
Director of the Air National Guard shall
submit to the Committees on
Appropriations of both Houses of
Congress an expenditure plan for funds
provided under this heading prior to
obligation.
Family Housing Construction, Army
For an additional amount for `Family
Housing Construction, Army',
$34,570,000, to remain available until
September 30, 2013: Provided,
That notwithstanding any other provision
of law, such funds may be obligated and
expended to carry out planning and
design and military construction
projects in the United States not
otherwise authorized by law:
Provided further, That within 30
days of enactment of this Act the
Secretary of the Army shall submit to
the Committees on Appropriations of both
Houses of Congress an expenditure plan
for funds provided under this heading
prior to obligation.
Family Housing Operation and
Maintenance, Army
For an additional amount for `Family
Housing Operation and Maintenance,
Army', $3,932,000: Provided,
That notwithstanding any other provision
of law, such funds may be obligated and
expended for operation and maintenance
and minor construction projects in the
United States not otherwise authorized
by law.
Family Housing Construction, Air Force
For an additional amount for `Family
Housing Construction, Air Force',
$80,100,000, to remain available until
September 30, 2013: Provided,
That notwithstanding any other provision
of law, such funds may be obligated and
expended to carry out planning and
design and military construction
projects in the United States not
otherwise authorized by law:
Provided further, That within 30
days of enactment of this Act the
Secretary of the Air Force shall submit
to the Committees on Appropriations of
both Houses of Congress an expenditure
plan for funds provided under this
heading prior to obligation.
Family Housing Operation and
Maintenance, Air Force
For an additional amount for `Family
Housing Operation and Maintenance, Air
Force', $16,461,000: Provided,
That notwithstanding any other provision
of law, such funds may be obligated and
expended for operation and maintenance
and minor construction projects in the
United States not otherwise authorized
by law.
Homeowners Assistance Fund
For an additional amount for `Homeowners
Assistance Fund', established by section
1013 of the Demonstration Cities and
Metropolitan Development Act of 1966, as
amended (42 U.S.C. 3374), $410,973,000,
to remain available until expended.
Administrative Provision
Sec. 1001. (a) Temporary Expansion of
Homeowners Assistance Plan To Respond to
Mortgage Foreclosure and Credit Crisis.
Section 1013 of the Demonstration Cities
and Metropolitan Development Act of 1966
(42 U.S.C. 3374) is amended--
(A) by redesignating paragraphs
(1), (2), and (3) as clauses
(i), (ii), and (iii),
respectively, and indenting such
subparagraphs, as so
redesignated, 6 ems from the
left margin;
(B) by striking `Notwithstanding
any other provision of law' and
inserting the following:
`(1) ACQUISITION OF PROPERTY AT OR
NEAR MILITARY INSTALLATIONS THAT
HAVE BEEN ORDERED TO BE CLOSED-
Notwithstanding any other provision
of law';
(C) by striking `if he
determines' and inserting `if--
`(A) the Secretary
determines--';
(D) in clause (iii), as
redesignated by subparagraph
(A), by striking the period at
the end and inserting `; or';
and
(E) by adding at the end the
following:
`(B) the Secretary determines--
`(i) that the conditions in
clauses (i) and (ii) of
subparagraph (A) have been
met;
`(ii) that the closing or
realignment of the base or
installation resulted from a
realignment or closure
carried out under the 2005
round of defense base
closure and realignment
under the Defense Base
Closure and Realignment Act
of 1990 (part XXIX of Public
Law 101-510; 10 U.S.C. 2687
note);
`(iii) that the property was
purchased by the owner
before July 1, 2006;
`(iv) that the property was
sold by the owner between
July 1, 2006, and September
30, 2012, or an earlier end
date designated by the
Secretary;
`(v) that the property is
the primary residence of the
owner; and
`(vi) that the owner has not
previously received benefit
payments authorized under
this subsection.
`(2) HOMEOWNER ASSISTANCE FOR
WOUNDED MEMBERS OF THE ARMED FORCES,
DEPARTMENT OF DEFENSE AND UNITED
STATES COAST GUARD CIVILIAN
EMPLOYEES, AND THEIR SPOUSES-
Notwithstanding any other provision
of law, the Secretary of Defense is
authorized to acquire title to,
hold, manage, and dispose of, or, in
lieu thereof, to reimburse for
certain losses upon private sale of,
or foreclosure against, any property
improved with a one- or two-family
dwelling which was at the time of
the relevant wound, injury, or
illness, the primary residence of--
`(A) any member of the Armed
Forces in medical transition
who--
`(i) incurred a wound,
injury, or illness in the
line of duty during a
deployment in support of the
Armed Forces;
`(ii) is disabled to a
degree of 30 percent or more
as a result of such wound,
injury, or illness, as
determined by the Secretary
of Defense or the Secretary
of Veterans Affairs; and
`(iii) is reassigned in
furtherance of medical
treatment or rehabilitation,
or due to medical retirement
in connection with such
disability;
`(B) any civilian employee of
the Department of Defense or the
United States Coast Guard who--
`(i) was wounded, injured,
or became ill in the line of
duty during a forward
deployment in support of the
Armed Forces; and
`(ii) is reassigned in
furtherance of medical
treatment, rehabilitation,
or due to medical retirement
resulting from the sustained
disability; or
`(C) the spouse of a member of
the Armed Forces or a civilian
employee of the Department of
Defense or the United States
Coast Guard if--
`(i) the member or employee
was killed in the line of
duty during a deployment in
support of the Armed Forces
or died from a wound,
injury, or illness incurred
in the line of duty during
such a deployment; and
`(ii) the spouse relocates
from such residence within 2
years after the death of
such member or employee.
`(3) TEMPORARY HOMEOWNER ASSISTANCE
FOR MEMBERS OF THE ARMED FORCES
PERMANENTLY REASSIGNED DURING
SPECIFIED MORTGAGE CRISIS-
Notwithstanding any other provision
of law, the Secretary of Defense is
authorized to acquire title to,
hold, manage, and dispose of, or, in
lieu thereof, to reimburse for
certain losses upon private sale of,
or foreclosure against, any property
improved with a one- or two-family
dwelling situated at or near a
military base or installation, if
the Secretary determines--
`(A) that the owner is a member
of the Armed Forces serving on
permanent assignment;
`(B) that the owner is
permanently reassigned by order
of the United States Government
to a duty station or home port
outside a 50-mile radius of the
base or installation;
`(C) that the reassignment was
ordered between February 1,
2006, and September 30, 2012, or
an earlier end date designated
by the Secretary;
`(D) that the property was
purchased by the owner before
July 1, 2006;
`(E) that the property was sold
by the owner between July 1,
2006, and September 30, 2012, or
an earlier end date designated
by the Secretary;
`(F) that the property is the
primary residence of the owner;
and
`(G) that the owner has not
previously received benefit
payments authorized under this
subsection.';
(2) in subsection (b), by striking
`this section' each place it appears
and inserting `subsection (a)(1)';
(A) by striking `Such persons'
and inserting the following:
`(1) HOMEOWNER ASSISTANCE RELATED TO
CLOSED MILITARY INSTALLATIONS-
`(A) IN GENERAL- Such persons';
(B) by striking `set forth above
shall elect either (1) to
receive' and inserting the
following: `set forth in
subsection (a)(1) shall elect
either--
(C) by striking `difference
between (A) 95 per centum' and
all that follows through `(B)
the fair market value' and
inserting the following:
`difference between--
`(I) 95 per centum of
the fair market value of
their property (as such
value is determined by
the Secretary of
Defense) prior to public
announcement of
intention to close all
or part of the military
base or installation;
and
`(II) the fair market
value';
(D) by striking `time of the
sale, or (2) to receive' and
inserting the following: `time
of the sale; or
(E) by striking `outstanding
mortgages. The Secretary may
also pay a person who elects to
receive a cash payment under
clause (1) of the preceding
sentence an amount' and
inserting `outstanding
mortgages.
`(B) REIMBURSEMENT OF EXPENSES-
The Secretary may also pay a
person who elects to receive a
cash payment under subparagraph
(A) an amount'; and
(F) by striking `best interest
of the Federal Government. Cash
payment' and inserting the
following: `best interest of the
United States.
`(2) HOMEOWNER ASSISTANCE FOR
WOUNDED INDIVIDUALS AND THEIR
SPOUSES-
`(A) IN GENERAL- Persons
eligible under the criteria set
forth in subsection (a)(2) may
elect either--
`(i) to receive a cash
payment as compensation for
losses which may be or have
been sustained in a private
sale, in an amount not to
exceed the difference
between--
`(I) 95 per centum of
prior fair market value
of their property (as
such value is determined
by the Secretary of
Defense); and
`(II) the fair market
value of such property
(as such value is so
determined) at the time
of the wound, injury, or
illness qualifying the
individual for benefits
under subsection (a)(2);
or
`(ii) to receive, as
purchase price for their
property an amount not to
exceed 90 per centum of
prior fair market value as
such value is determined by
the Secretary of Defense, or
the amount of the
outstanding mortgages.
`(B) DETERMINATION OF BENEFITS-
The Secretary may also pay a
person who elects to receive a
cash payment under subparagraph
(A) an amount that the Secretary
determines appropriate to
reimburse the person for the
costs incurred by the person in
the sale of the property if the
Secretary determines that such
payment will benefit the person
and is in the best interest of
the United States.
`(3) HOMEOWNER ASSISTANCE FOR
PERMANENTLY REASSIGNED INDIVIDUALS-
`(A) IN GENERAL- Persons
eligible under the criteria set
forth in subsection (a)(3) may
elect either--
`(i) to receive a cash
payment as compensation for
losses which may be or have
been sustained in a private
sale, in an amount not to
exceed the difference
between--
`(I) 95 per centum of
prior fair market value
of their property (as
such value is determined
by the Secretary of
Defense); and
`(II) the fair market
value of such property
(as such value is so
determined) at the time
the person received
change of permanent
station orders; or
`(ii) to receive, as
purchase price for their
property an amount not to
exceed 90 per centum of
prior fair market value as
such value is determined by
the Secretary of Defense, or
the amount of the
outstanding mortgages.
`(B) DETERMINATION OF BENEFITS-
The Secretary may also pay a
person who elects to receive a
cash payment under subparagraph
(A) an amount that the Secretary
determines appropriate to
reimburse the person for the
costs incurred by the person in
the sale of the property if the
Secretary determines that such
payment will benefit the person
and is in the best interest of
the United States.
`(4) COMPENSATION AND LIMITATIONS
RELATED TO FORECLOSURES AND
ENCUMBRANCES- Cash payment';
(4) by striking subsection (g);
(5) in subsection (l), by striking
`(a)(2)' and inserting
`(a)(1)(A)(ii)';
(6) in subsection (m), by striking
`this section' and inserting
`subsection (a)(1)';
(A) in paragraph (1), by
striking `this section' and
inserting `subsection (a)(1)';
and
(B) in paragraph (2), by
striking `this section' and
inserting `subsection (a)(1)';
(A) in paragraph (1), by
striking `this section' and
inserting `subsection (a)(1)';
(B) in paragraph (2), by
striking `this section' and
inserting `subsection (a)(1)';
and
(C) by striking paragraph (4);
and
(9) by adding at the end the
following new subsection:
`(p) Definitions- In this section:
`(1) the term `Armed Forces' has the
meaning given the term `armed
forces' in section 101(a) of title
10, United States Code;
`(2) the term `civilian employee'
has the meaning given the term
`employee' in section 2105(a) of
title 5, United States Code;
`(3) the term `medical transition',
in the case of a member of the Armed
Forces, means a member who--
`(A) is in Medical Holdover
status;
`(B) is in Active Duty Medical
Extension status;
`(C) is in Medical Hold status;
`(D) is in a status pending an
evaluation by a medical
evaluation board;
`(E) has a complex medical need
requiring six or more months of
medical treatment; or
`(F) is assigned or attached to
an Army Warrior Transition Unit,
an Air Force Patient Squadron, a
Navy Patient Multidisciplinary
Care Team, or a Marine Patient
Affairs Team/Wounded Warrior
Regiment; and
`(4) the term `nonappropriated fund
instrumentality employee' means a
civilian employee who--
`(A) is a citizen of the United
States; and
`(B) is paid from
nonappropriated funds of Army
and Air Force Exchange Service,
Navy Resale and Services Support
Office, Marine Corps exchanges,
or any other instrumentality of
the United States under the
jurisdiction of the Armed Forces
which is conducted for the
comfort, pleasure, contentment,
or physical or mental
improvement of members of the
Armed Forces.'.
(b) Clerical Amendment- Such section is
further amended in the section heading
by inserting `and certain property owned
by members of the armed forces,
department of defense and united states
coast guard civilian employees, and
surviving spouses' after `ordered to be
closed'.
(c) Authority to Use Appropriated Funds-
Notwithstanding subsection (i) of such
section, amounts appropriated or
otherwise made available by this title
under the heading `Homeowners Assistance
Fund' may be used for the Homeowners
Assistance Fund established under such
section.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical support and compliance
For an additional amount for `Medical
Support and Compliance', $5,000,000, to
remain available until September 30,
2010, to support contract administration
and energy initiative execution at the
Veterans Health Administration.
medical facilities
For an additional amount for `Medical
Facilities', $1,370,459,000, to remain
available until September 30, 2010, of
which $1,047,313,000 shall be for
facility condition assessment
deficiencies and non-recurring
maintenance at existing medical
facilities; and $323,146,000 shall be
for energy efficiency initiatives.
national cemetery administration
For an additional amount for `National
Cemetery Administration', $64,961,000,
to remain available until September 30,
2010, of which $59,476,000 shall be for
capital infrastructure and memorial and
monument repairs; and $5,485,000 shall
be for energy efficiency initiatives.
Departmental Administration
general operating expenses
For an additional amount for `General
Operating Expenses', $1,125,000, to
remain available until September 30,
2010, for additional Full Time
Equivalent salary and expenses for major
construction project administration and
execution and energy initiative
execution.
information technology systems
For an additional amount for
`Information Technology Systems',
$195,000,000, to remain available until
September 30, 2010, of which
$145,000,000 shall be for the Veterans
Benefits Administration's development of
paperless claims processing; and
$50,000,000 shall be for the development
of systems required to implement chapter
33 of title 38, United States Code.
office of inspector general
For an additional amount for `Office of
Inspector General', $4,400,000, to
remain available until September 30,
2011, for oversight and audit of
programs, grants and projects funded
under this title.
construction, major projects
For an additional amount for
`Construction, Major Projects',
$1,105,333,000, to remain available
until September 30, 2013, which shall be
for acceleration and construction of
ongoing and planned construction,
including physical security
construction, of major medical
facilities and National Cemeteries
consistent with the Department of
Veterans Affairs' Five Year Capital
Plan: Provided, That
notwithstanding any other provision of
law, such funds may be obligated and
expended to carry out planning and
design and major medical facility
construction not otherwise authorized by
law: Provided further, That
within 30 days of enactment of this Act
the Secretary of Veterans Affairs shall
submit to the Committees on
Appropriations of both Houses of
Congress an expenditure plan for funds
provided under this heading prior to
obligation.
construction, minor projects
For an additional amount for
`Construction, Minor Projects',
$939,836,000, to remain available until
September 30, 2010, of which
$860,742,000 shall be for Veterans
Health Administration minor
construction; $20,300,000 shall be for
Veterans Benefits Administration minor
construction, including $300,000 for
energy efficiency initiatives; and
$29,012,000 shall be for National
Cemetery Administration minor
construction.
grants for construction of state
extended care facilities
For an additional amount for `Grants for
Construction of State Extended Care
Facilities', $257,986,000, to remain
available until September 30, 2010, for
grants to assist States to acquire or
construct State nursing home and
domiciliary facilities and to remodel,
modify, or alter existing hospital,
nursing home, and domiciliary facilities
in State homes, for furnishing care to
veterans as authorized by sections 8131
through 8137 of title 38, United States
Code.
Administrative Provision
Sec. 1002. Payments to Eligible Persons
Who Served in the United States Armed
Forces in the Far East During World War
II. (a) Findings- Congress makes the
following findings:
(1) The Philippine islands became a
United States possession in 1898
when they were ceded from Spain
following the Spanish-American War.
(2) During World War II, Filipinos
served in a variety of units, some
of which came under the direct
control of the United States Armed
Forces.
(3) The regular Philippine Scouts,
the new Philippine Scouts, the
Guerrilla Services, and more than
100,000 members of the Philippine
Commonwealth Army were called into
the service of the United States
Armed Forces of the Far East on July
26, 1941, by an executive order of
President Franklin D. Roosevelt.
(4) Even after hostilities had
ceased, wartime service of the new
Philippine Scouts continued as a
matter of law until the end of 1946,
and the force gradually disbanded
and was disestablished in 1950.
(5) Filipino veterans who were
granted benefits prior to the
enactment of the so-called
Rescissions Acts of 1946 (Public
Laws 79-301 and 79-391) currently
receive full benefits under laws
administered by the Secretary of
Veterans Affairs, but under section
107 of title 38, United States Code,
the service of certain other
Filipino veterans is deemed not to
be active service for purposes of
such laws.
(6) These other Filipino veterans
only receive certain benefits under
title 38, United States Code, and,
depending on where they legally
reside, are paid such benefit
amounts at reduced rates.
(7) The benefits such veterans
receive include service-connected
compensation benefits paid under
chapter 11 of title 38, United
States Code, dependency indemnity
compensation survivor benefits paid
under chapter 13 of title 38, United
States Code, and burial benefits
under chapters 23 and 24 of title
38, United States Code, and such
benefits are paid to beneficiaries
at the rate of $0.50 per dollar
authorized, unless they lawfully
reside in the United States.
(8) Dependents' educational
assistance under chapter 35 of title
38, United States Code, is also
payable for the dependents of such
veterans at the rate of $0.50 per
dollar authorized, regardless of the
veterans' residency.
(1) IN GENERAL- There is in the
general fund of the Treasury a fund
to be known as the `Filipino
Veterans Equity Compensation Fund'
(in this section referred to as the
`compensation fund').
(2) AVAILABILITY OF FUNDS- Subject
to the availability of
appropriations for such purpose,
amounts in the fund shall be
available to the Secretary of
Veterans Affairs without fiscal year
limitation to make payments to
eligible persons in accordance with
this section.
(1) IN GENERAL- The Secretary may
make a payment from the compensation
fund to an eligible person who,
during the one-year period beginning
on the date of the enactment of this
Act, submits to the Secretary a
claim for benefits under this
section. The application for the
claim shall contain such information
and evidence as the Secretary may
require.
(2) PAYMENT TO SURVIVING SPOUSE- If
an eligible person who has filed a
claim for benefits under this
section dies before payment is made
under this section, the payment
under this section shall be made
instead to the surviving spouse, if
any, of the eligible person.
(d) Eligible Persons- An eligible person
is any person who--
(A) before July 1, 1946, in the
organized military forces of the
Government of the Commonwealth
of the Philippines, while such
forces were in the service of
the Armed Forces of the United
States pursuant to the military
order of the President dated
July 26, 1941, including among
such military forces organized
guerrilla forces under
commanders appointed,
designated, or subsequently
recognized by the Commander in
Chief, Southwest Pacific Area,
or other competent authority in
the Army of the United States;
or
(B) in the Philippine Scouts
under section 14 of the Armed
Forces Voluntary Recruitment Act
of 1945 (59 Stat. 538); and
(2) was discharged or released from
service described in paragraph (1)
under conditions other than
dishonorable.
(e) Payment Amounts- Each payment under
this section shall be--
(1) in the case of an eligible
person who is not a citizen of the
United States, in the amount of
$9,000; and
(2) in the case of an eligible
person who is a citizen of the
United States, in the amount of
$15,000.
(f) Limitation- The Secretary may not
make more than one payment under this
section for each eligible person
described in subsection (d).
(g) Clarification of Treatment of
Payments Under Certain Laws- Amounts
paid to a person under this section--
(1) shall be treated for purposes of
the internal revenue laws of the
United States as damages for human
suffering; and
(2) shall not be included in income
or resources for purposes of
determining--
(A) eligibility of an individual
to receive benefits described in
section 3803(c)(2)(C) of title
31, United States Code, or the
amount of such benefits;
(B) eligibility of an individual
to receive benefits under title
VIII of the Social Security Act,
or the amount of such benefits;
or
(C) eligibility of an individual
for, or the amount of benefits
under, any other Federal or
federally assisted program.
(1) IN GENERAL- Except as provided
in paragraph (2), the acceptance by
an eligible person or surviving
spouse, as applicable, of a payment
under this section shall be final,
and shall constitute a complete
release of any claim against the
United States by reason of any
service described in subsection (d).
(2) PAYMENT OF PRIOR ELIGIBILITY
STATUS- Nothing in this section
shall prohibit a person from
receiving any benefit (including
health care, survivor, or burial
benefits) which the person would
have been eligible to receive based
on laws in effect as of the day
before the date of the enactment of
this Act.
(i) Recognition of Service- The service
of a person as described in subsection
(d) is hereby recognized as active
military service in the Armed Forces for
purposes of, and to the extent provided
in, this section.
(1) The Secretary shall promptly
issue application forms and
instructions to ensure the prompt
and efficient administration of the
provisions of this section.
(2) The Secretary shall administer
the provisions of this section in a
manner consistent with applicable
provisions of title 38, United
States Code, and other provisions of
law, and shall apply the definitions
in section 101 of such title in the
administration of such provisions,
except to the extent otherwise
provided in this section.
(k) Reports- The Secretary shall
include, in documents submitted to
Congress by the Secretary in support of
the President's budget for each fiscal
year, detailed information on the
operation of the compensation fund,
including the number of applicants, the
number of eligible persons receiving
benefits, the amounts paid out of the
compensation fund, and the
administration of the compensation fund
for the most recent fiscal year for
which such data is available.
(l) Authorization of Appropriation-
There is authorized to be appropriated
to the compensation fund $198,000,000,
to remain available until expended, to
make payments under this section.
RELATED AGENCY
DEPARTMENT OF DEFENSE--CIVIL
Cemeterial Expenses, Army
salary and expenses
For an additional amount for `Cemeterial
Expenses, Army', $60,300,000, to remain
available until September 30, 2010, for
land development, columbarium
construction, and relocation of
utilities at Arlington National
Cemetery.
TITLE XI--STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for `Diplomatic
and Consular Programs' for urgent
domestic facilities requirements,
$90,000,000, to remain available until
September 30, 2010, of which up to
$20,000,000 shall be available for
passport facilities and systems, and up
to $65,000,000 shall be available for a
consolidated security training facility
in the United States and should be
obligated in accordance with United
States General Services Administration
site selection procedures: Provided,
That the Secretary of State shall submit
to the Committees on Appropriations
within 90 days of enactment of this Act
a detailed spending plan for funds
appropriated under this heading:
Provided further, That with respect
to the funds made available for passport
facilities and systems, such plan shall
be developed in consultation with the
Department of Homeland Security and the
General Services Administration and
shall coordinate and co-locate, to the
extent feasible, the construction of
passport agencies with other Federal
facilities.
capital investment fund
For an additional amount for `Capital
Investment Fund', $228,000,000, to
remain available until September 30,
2010, which shall be available for
information technology security and
upgrades to support mission-critical
operations: Provided, That the
Secretary of State and the Administrator
of the United States Agency for
International Development shall
coordinate information technology
systems, where appropriate, to increase
efficiencies and eliminate redundancies,
to include co-location of backup
information management facilities:
Provided further, That the
Secretary of State shall submit to the
Committees on Appropriations within 90
days of enactment of this Act a detailed
spending plan for funds appropriated
under this heading.
office of inspector general
For an additional amount for `Office of
Inspector General' for oversight
requirements, $1,500,000, to remain
available until September 30, 2011.
INTERNATIONAL COMMISSIONS
International Boundary and Water
Commission, United States and Mexico
construction
(including transfer of funds)
For an additional amount for
`Construction' for the water quantity
program to meet immediate repair and
rehabilitation requirements,
$224,000,000, to remain available until
September 30, 2010: Provided,
That up to $2,000,000 may be transferred
to, and merged with, funds available
under the heading `International
Boundary and Water Commission, United
States and Mexico--Salaries and
Expenses': Provided, That the
Secretary of State shall submit to the
Committees on Appropriations within 90
days of enactment of this Act a detailed
spending plan for funds appropriated
under this heading.
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
Funds Appropriated to the President
capital investment fund
For an additional amount for `Capital
Investment Fund', $58,000,000, to remain
available until September 30, 2010,
which shall be available for information
technology modernization programs and
implementation of the Global Acquisition
System: Provided, That the
Administrator of the United States
Agency for International Development
shall submit to the Committees on
Appropriations within 90 days of
enactment of this Act a detailed
spending plan for funds appropriated
under this heading.
Operating Expenses of the United States
Agency for International Development Office
of Inspector General
For an additional amount for `Operating
Expenses of the United States Agency for
International Development Office of
Inspector General' for oversight
requirements, $500,000, to remain
available until September 30, 2011.
TITLE XII--TRANSPORTATION AND HOUSING
AND URBAN DEVELOPMENT, AND RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
supplemental discretionary grants for a
national surface transportation system
For an additional amount for capital
investments in surface transportation
infrastructure, $5,500,000,000, to
remain available until September 30,
2011: Provided, That the
Secretary of Transportation shall
distribute funds provided under this
heading as discretionary grants to be
awarded to State and local governments
on a competitive basis for projects that
will have a significant impact on the
Nation, a metropolitan area, or a
region: Provided further, That
projects eligible for funding provided
under this heading shall include, but
not be limited to, highway or bridge
projects eligible under title 23, United
States Code, including interstate
rehabilitation, improvements to the
rural collector road system, the
reconstruction of overpasses and
interchanges, bridge replacements,
seismic retrofit projects for bridges,
and road realignments; public
transportation projects eligible under
chapter 53 of title 49, United States
Code, including investments in projects
participating in the New Starts or Small
Starts programs that will expedite the
completion of those projects and their
entry into revenue service; passenger
and freight rail transportation
projects; and port infrastructure
investments, including projects that
connect ports to other modes of
transportation and improve the
efficiency of freight movement:
Provided further, That of the
amount made available under this
paragraph, the Secretary may use an
amount not to exceed $200,000,000 for
the purpose of paying the subsidy costs
of projects eligible for federal credit
assistance under chapter 6 of title 23,
United States Code, if the Secretary
finds that such use of the funds would
advance the purposes of this paragraph:
Provided further, That in
distributing funds provided under this
heading, the Secretary shall take such
measures so as to ensure an equitable
geographic distribution of funds and an
appropriate balance in addressing the
needs of urban and rural communities:
Provided further, That a grant
funded under this heading shall be not
less than $20,000,000 and not greater
than $500,000,000: Provided further,
That the Federal share of the costs for
which an expenditure is made under this
heading may be up to 100 percent:
Provided further, That the
Secretary shall give priority to
projects that require an additional
share of Federal funds in order to
complete an overall financing package,
and to projects that are expected to be
completed within 3 years of enactment of
this Act: Provided further,
That the Secretary shall publish
criteria on which to base the
competition for any grants awarded under
this heading not later than 75 days
after enactment of this Act:
Provided further, That the
Secretary shall require applications for
funding provided under this heading to
be submitted not later than 180 days
after enactment of this Act, and
announce all projects selected to be
funded from such funds not later than 1
year after enactment of this Act:
Provided further, That the
Secretary shall require all additional
applications to be submitted not later
than 1 year after enactment of this Act,
and announce not later than 180 days
following such 1-year period all
additional projects selected to be
funded with funds withdrawn from States
and grantees and transferred from
`Supplemental Grants for Highway
Investments' and `Supplemental Grants
for Public Transit Investment':
Provided further, That projects
conducted using funds provided under
this heading must comply with the
requirements of subchapter IV of chapter
31 of title 40, United States Code:
Provided further, That the
Secretary may retain up to $5,000,000 of
the funds provided under this heading,
and may transfer portions of those funds
to the Administrators of the Federal
Highway Administration, the Federal
Transit Administration, the Federal
Railroad Administration and the Maritime
Administration, to fund the award and
oversight of grants made under this
heading.
Federal Aviation Administration
supplemental funding for facilities and
equipment
For an additional amount for necessary
investments in Federal Aviation
Administration infrastructure,
$200,000,000: Provided, That
funding provided under this heading
shall be used to make improvements to
power systems, air route traffic control
centers, air traffic control towers,
terminal radar approach control
facilities, and navigation and landing
equipment: Provided further,
That priority be given to such projects
or activities that will be completed
within 2 years of enactment of this Act:
Provided further, That amounts
made available under this heading may be
provided through grants in addition to
the other instruments authorized under
section 106(l)(6) of title 49, United
States Code: Provided further,
That the Federal share of the costs for
which an expenditure is made under this
heading shall be 100 percent:
Provided further, That amounts
provided under this heading may be used
for expenses the agency incurs in
administering this program: Provided
further, That not more than 60 days
after enactment of this Act, the
Administrator shall establish a process
for applying, reviewing and awarding
grants and cooperative and other
transaction agreements, including the
form and content of an application, and
requirements for the maintenance of
records that are necessary to facilitate
an effective audit of the use of the
funding provided: Provided further,
That section 50101 of title 49, United
States Code, shall apply to funds
provided under this heading.
supplemental discretionary grants for
airport investment
For an additional amount for capital
expenditures authorized under sections
47102(3) and 47504(c) of title 49,
United States Code, and for the
procurement, installation and
commissioning of runway incursion
prevention devices and systems at
airports of such title, $1,100,000,000:
Provided, That the Secretary of
Transportation shall distribute funds
provided under this heading as
discretionary grants to airports, with
priority given to those projects that
demonstrate to his or her satisfaction
their ability to be completed within 2
years of enactment of this Act, and
serve to supplement and not supplant
planned expenditures from
airport-generated revenues or from other
State and local sources on such
activities: Provided further,
That the Federal share payable of the
costs for which a grant is made under
this heading shall be 100 percent:
Provided further, That the amount
made available under this heading shall
not be subject to any limitation on
obligations for the Grants-in-Aid for
Airports program set forth in any Act:
Provided further, That section
50101 of title 49, United States Code,
shall apply to funds provided under this
heading: Provided further, That
projects conducted using funds provided
under this heading must comply with the
requirements of subchapter IV of chapter
31 of title 40, United States Code:
Provided further, That the
Administrator of the Federal Aviation
Administration may retain and transfer
to `Federal Aviation Administration,
Operations' up to one-quarter of 1
percent of the funds provided under this
heading to fund the award and oversight
by the Administrator of grants made
under this heading.
Federal Highway Administration
supplemental grants for highway
investment
For an additional amount for
restoration, repair, construction and
other activities eligible under
paragraph (b) of section 133 of title
23, United States Code, $27,060,000,000:
Provided, That funds provided
under this heading shall be apportioned
to States using the formula set forth in
section 104(b)(3) of such title:
Provided further, That 180 days
following the date of such
apportionment, the Secretary of
Transportation shall withdraw from each
State an amount equal to 50 percent of
the funds awarded to that grantee less
the amount of funding obligated, and the
Secretary shall redistribute such
amounts to other States that have had no
funds withdrawn under this proviso in
the manner described in section 120(c)
of division K of Public Law 110-161:
Provided further, That 1 year
following the date of such
apportionment, the Secretary shall
withdraw from each recipient of funds
apportioned under this heading any
unobligated funds and transfer such
funds to `Supplemental Discretionary
Grants for a National Surface
Transportation System': Provided
further, That at the request of a
State, the Secretary of Transportation
may provide an extension of such 1-year
period only to the extent that he or she
feels satisfied that the State has
encountered extreme conditions that
create an unworkable bidding environment
or other extenuating circumstances:
Provided further, That before
granting a such an extension, the
Secretary shall send a letter to the
House and Senate Committees on
Appropriations that provides a thorough
justification for the extension:
Provided further, That the
provisions of subsections 133(d)(3) and
133(d)(4) of title 23, United States
Code, shall apply to funds apportioned
under this heading, except that the
percentage of funds to be allocated to
local jurisdictions shall be 40 percent
and such allocation, notwithstanding any
other provision of law, shall be
conducted in all states within the
United States: Provided further,
That funds allocated to such urbanized
areas and other areas shall not be
subject to the redistribution of amounts
required 180 days following the date of
apportionment of funds provided under
this heading: Provided further,
That funds apportioned under this
heading may be used for, but not be
limited to, projects that address
stormwater runoff, investments in
passenger and freight rail
transportation, and investments in port
infrastructure: Provided further,
that each State shall use not less than
5 percent of funds apportioned to it for
activities eligible under subsections
149(b) and (c) of title 23, United
States Code: Provided further,
That of the funds provided under this
heading, $60,000,000 shall be for
capital expenditures eligible under
section 147 of title 23, United States
Code: Provided further, That
the Secretary of Transportation shall
distribute such $60,000,000 as
competitive discretionary grants to
States, with priority given to those
projects that demonstrate to his or her
satisfaction their ability to be
completed within 2 years of enactment of
this Act: Provided further,
That of the funds provided under this
heading, $500,000,000 shall be for
investments in transportation at Indian
reservations and Federal lands, and
administered in accordance with chapter
2 of title 23, United States Code:
Provided further, That of the funds
identified in the preceding proviso,
$320,000,000 shall be for the Indian
Reservation Roads program, $100,000,000
shall be for the Park Roads and Parkways
program, $70,000,000 shall be for the
Forest Highway Program, and $10,000,000
shall be for the Refuge Roads program:
Provided further, That for
investments at Indian reservations and
Federal lands, priority shall be given
to capital investments, and to projects
and activities that can be completed
within 2 years of enactment of this Act:
Provided further, That 1 year
following the enactment of this Act, to
ensure the prompt use of the
$500,000,000 provided for investments at
Indian reservations and Federal lands,
the Secretary shall have the authority
to redistribute unobligated funds within
the respective program for which the
funds were appropriated: Provided
further, That up to 4 percent of
the funding provided for Indian
Reservation Roads may be used by the
Secretary of the Interior for program
management and oversight and
project-related administrative expenses:
Provided further, That section
134(f)(3)(C)(ii)(II) of title 23, United
States Code, shall not apply to funds
provided under this heading:
Provided further, That the Federal
share payable on account of any project
or activity carried out with funds made
available under this heading shall be at
the option of the recipient, and may be
up to 100 percent of the total cost
thereof: Provided further, That
funding provided under this heading
shall be in addition to any and all
funds provided for fiscal years 2008 and
2009 in any other Act for `Federal-aid
Highways' and shall not affect the
distribution of funds provided for
`Federal-aid Highways' in any other Act:
Provided further, That the
amount made available under this heading
shall not be subject to any limitation
on obligations for Federal-aid highways
or highway safety construction programs
set forth in any Act: Provided
further, That projects conducted
using funds provided under this heading
must comply with the requirements of
subchapter IV of chapter 31 of title 40,
United States Code: Provided
further, That section 313 of title
23, United States Code, shall apply to
funds provided under this heading:
Provided further, That section
1101(b) of Public Law 109-59 shall apply
to funds apportioned under this heading:
Provided further, That for the
purposes of the definition of States for
this paragraph, sections 101(a)(32) of
title 23, United States Code, shall
apply: Provided further, That
the Administrator of the Federal Highway
Administration may retain up to
$12,000,000 of the funds provided under
this heading to carry out the function
of the `Federal Highway Administration,
Limitation on Administrative Expenses'
and to fund the oversight by the
Administrator of projects and activities
carried out with funds made available to
the Federal Highway Administration in
this Act.
Federal Railroad Administration
supplemental grants to states for
intercity passenger rail service
For an additional amount for
discretionary grants to States to pay
for the cost of projects described in
paragraphs (2)(A) and (2)(B) of section
24401 of title 49, United States Code,
and subsection (b) of section 24105 of
such title, $250,000,000: Provided,
That to be eligible for assistance under
this paragraph, the specific project
must be on a Statewide Transportation
Improvement Plan at the time of the
application to qualify: Provided
further, That the Secretary of
Transportation shall give priority to
projects that demonstrate an ability to
be completed within 2 years of enactment
of this Act, and to projects that
improve the safety and reliability of
intercity passenger trains: Provided
further, That the Federal share
payable of the costs for which a grant
is made under this heading shall be 100
percent: Provided further, That
projects conducted using funds provided
under this heading must comply with the
requirements of subchapter IV of chapter
31 of title 40, United States Code:
Provided further, That section
24405(a) of title 49, United States
Code, shall apply to funds provided
under this heading: Provided
further, That the Administrator of
the Federal Railroad Administration may
retain and transfer to `Federal Railroad
Administration, Safety and Operations'
up to one-quarter of 1 percent of the
funds provided under this heading to
fund the award and oversight by the
Administrator of grants made under this
heading.
supplemental capital grants to the
national railroad passenger corporation
For an additional amount for the
immediate investment in capital projects
necessary to maintain and improve
national intercity passenger rail
service, including the rehabilitation of
rolling stock, $850,000,000:
Provided, That funds made available
under this heading shall be allocated
directly to the National Railroad
Passenger Corporation: Provided
further, That the Board of
Directors of the corporation shall take
measures to ensure that priority is
given to capital projects that expand
passenger rail capacity: Provided
further, That the Board of
Directors shall take measures to ensure
that projects funded under this heading
shall be completed within 2 years of
enactment of this Act, and shall serve
to supplement and not supplant planned
expenditures for such activities from
other Federal, State, local and
corporate sources: Provided further,
That said Board of Directors shall
certify to the House and Senate
Committees on Appropriations in writing
their compliance with the preceding
proviso: Provided further, That
section 24305(f) of title 49, United
States Code, shall apply to funds
provided under this heading:
Provided further, That not more
than 50 percent of the funds provided
under this heading may be used for
capital projects along the Northeast
Corridor.
high-speed rail corridor program
To make grants for high-speed rail
projects under the provisions of section
26106 of title 49, United States Code,
$2,000,000,000, to remain available
until September 30, 2011: Provided,
That the Federal share payable of the
costs for which a grant is made under
this heading shall be 100 percent:
Provided further, That the
Administrator of the Federal Railroad
Administration may retain and transfer
to `Federal Railroad Administration,
Safety and Operations' up to one-quarter
of 1 percent of the funds provided under
this heading to fund the award and
oversight by the Administrator of grants
made under this paragraph.
Federal Transit Administration
supplemental grants for public transit
investment
For an additional amount for capital
expenditures authorized under section
5302(a)(1) of title 49, United States
Code, $8,400,000,000: Provided,
That the Secretary of Transportation
shall apportion 71 percent of the funds
apportioned under this heading using the
formula set forth in subsections (a)
through (c) of section 5336 of title 49,
United States Code, 19 percent of the
funds apportioned under this heading
using the formula set forth in section
5340 of such title, and 10 percent of
the funding apportioned under this
heading using the formula set forth in
subsection 5311(c) of such title:
Provided further, That 180 days
following the date of such
apportionment, the Secretary shall
withdraw from each grantee an amount
equal to 50 percent of the funds awarded
to that grantee less the amount of
funding obligated, and the Secretary
shall redistribute such amounts to other
grantees that have had no funds
withdrawn under this proviso utilizing
whatever method he or she deems
appropriate to ensure that all funds
provided under this paragraph shall be
utilized promptly: Provided further,
That 1 year following the date of such
apportionment, the Secretary shall
withdraw from each grantee any
unobligated funds and transfer such
funds to `Supplemental Discretionary
Grants for a National Surface
Transportation System': Provided
further, That at the request of a
grantee, the Secretary of Transportation
may provide an extension of such 1-year
periods if he or she feels satisfied
that the grantee has encountered an
unworkable bidding environment or other
extenuating circumstances: Provided
further, That before granting such
an extension, the Secretary shall send a
letter to the House and Senate
Committees on Appropriations that
provides a thorough justification for
the extension: Provided further,
That of the funds apportioned using the
formula set forth in subsection 5311(c)
of title 49, United States Code, 2
percent shall be made available for
section 5311(c)(1): Provided
further, That of the funding
provided under this heading,
$200,000,000 shall be distributed as
discretionary grants to public transit
agencies for capital investments that
will assist in reducing the energy
consumption or greenhouse gas emissions
of their public transportation systems:
Provided further, That for such
grants on energy-related investments,
priority shall be given to projects
based on the total energy savings that
are projected to result from the
investment, and projected energy savings
as a percentage of the total energy
usage of the public transit agency:
Provided further, That the Federal
share of the costs for which any grant
is made under this heading shall be at
the option of the recipient, and may be
up to 100 percent: Provided further,
That the amount made available under
this heading shall not be subject to any
limitation on obligations for transit
programs set forth in any Act:
Provided further, That section
1101(b) of Public Law 109-59 shall apply
to funds apportioned under this heading:
Provided further, That the
funds appropriated under this heading
shall be subject to subsection 5323(j)
and section 5333 of title 49, United
States Code as well as sections 5304 and
5305 of said title, as appropriate, but
shall not be comingled with funds
available under the Formula and Bus
Grants account: Provided further,
That the Administrator of the Federal
Transit Administration may retain up to
$3,000,000 of the funds provided under
this heading to carry out the function
of `Federal Transit Administration,
Administrative Expenses' and to fund the
oversight of grants made under this
heading by the Administrator.
Maritime Administration
supplemental grants for assistance to
small shipyards
To make grants to qualified shipyards as
authorized under section 3506 of Public
Law 109-163 or section 54101 of title
46, United States Code, $100,000,000:
Provided, That the Secretary of
Transportation shall institute measures
to ensure that funds provided under this
heading shall be obligated within 180
days of the date of their distribution:
Provided further, That the
Maritime Administrator may retain and
transfer to `Maritime Administration,
Operations and Training' up to 2 percent
of the funds provided under this heading
to fund the award and oversight by the
Administrator of grants made under this
heading.
Office of Inspector General
salaries and expenses
For an additional amount for necessary
expenses of the Office of Inspector
General to carry out the provisions of
the Inspector General Act of 1978, as
amended, $7,750,000, to remain available
until September 30, 2011, and an
additional $12,250,000 for such
purposes, to remain available until
September 30, 2012: Provided,
That the funding made available under
this heading shall be used for
conducting audits and investigations of
projects and activities carried out with
funds made available in this Act to the
Department of Transportation and to the
National Railroad Passenger Corporation:
Provided further, That the
Inspector General shall have all
necessary authority, in carrying out the
duties specified in the Inspector
General Act, as amended (5 U.S.C. App.
3), to investigate allegations of fraud,
including false statements to the
Government (18 U.S.C. 1001), by any
person or entity that is subject to
regulation by the Department.
GENERAL PROVISION--DEPARTMENT OF
TRANSPORTATION
Sec. 1201. Section 5309(g)(4)(A) of
title 49, United States Code, is amended
by striking `or an amount equivalent to
the last 3 fiscal years of funding
allocated under subsections (m)(1)(A)
and (m)(2)(A)(ii)' and inserting `or the
sum of the funds available for the next
3 fiscal years beyond the current fiscal
year, assuming an annual growth of the
program of 10 percent'.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Native American Housing Block Grants
For an additional amount for `Native
American Housing Block Grants', as
authorized under title I of the Native
American Housing Assistance and
Self-Determination Act of 1996
(`NAHASDA') (25 U.S.C. 4111 et seq.),
$510,000,000, to remain available until
September 30, 2011: Provided,
That $255,000,000 of the amount provided
under this heading shall be distributed
according to the same funding formula
used in fiscal year 2008: Provided
further, That in selecting projects
to be funded, recipients shall give
priority to projects that can award
contracts based on bids within 180 days
from the date that funds are available
to recipients: Provided further,
That the Secretary shall obligate
$255,000,000 of the amount provided
under this heading for competitive
grants to eligible entities that apply
for funds authorized under NAHASDA:
Provided further, That in awarding
competitive funds, the Secretary shall
give priority to projects that will spur
construction and rehabilitation and will
create employment opportunities for
low-income and unemployed persons:
Provided further, That recipients
of funds under this heading shall
obligate 100 percent of such funds
within 1 year of the date of enactment
of this Act, expend at least 50 percent
of such funds within 2 years of the date
on which funds become available to such
jurisdictions for obligation, and expend
100 percent of such funds within 3 years
of such date: Provided further,
That if a recipient fails to comply with
either the 1-year obligation requirement
or the 2-year expenditure requirement,
the Secretary shall recapture all
remaining funds awarded to the recipient
and reallocate such funds to recipients
that are in compliance with those
requirements: Provided further,
That if a recipient fails to comply with
the 3-year expenditure requirement, the
Secretary shall recapture the balance of
the funds awarded to the recipient:
Provided further, That,
notwithstanding any other provision of
this paragraph, the Secretary may
institute measures to ensure
participation in the formula and
competitive allocation of funds provided
under this paragraph by any housing
entity eligible to receive funding under
title VIII of NAHASDA (25 U.S.C. 4221 et
seq.): Provided further, That
in administering funds provided in this
heading, the Secretary may waive any
provision of any statute or regulation
that the Secretary administers in
connection with the obligation by the
Secretary or the use by the recipient of
these funds except for requirements
imposed by this heading and requirements
related to fair housing,
nondiscrimination, labor standards, and
the environment, upon a finding that
such waiver is required to facilitate
the timely use of such funds and would
not be inconsistent with the overall
purpose of the statute or regulation:
Provided further, That, of the
funds made available under this heading,
up to 1 percent shall be available for
staffing, training, technical
assistance, technology, monitoring,
research and evaluation activities:
Provided further, That any funds
made available under this heading used
by the Secretary for personnel expenses
shall be transferred to and merged with
funding provided to `Personnel
Compensation and Benefits, Office of
Public and Indian Housing': Provided
further, That any funds made
available under this heading used by the
Secretary for training or other
administrative expenses shall be
transferred to and merged with funding
provided to `Administration, Operations,
and Management', for non-personnel
expenses of the Department of Housing
and Urban Development: Provided
further, That any funds made
available under this heading used by the
Secretary for technology shall be
transferred to and merged with the
funding provided to `Working Capital
Fund'.
Public Housing Capital Fund
For an additional amount for the `Public
Housing Capital Fund' to carry out
capital and management activities for
public housing agencies, as authorized
under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g)
(the `Act'), $5,000,000,000, to remain
available until September 30, 2011:
Provided, That the Secretary of
Housing and Urban Development shall
allocate $3,000,000,000 of this amount
by the formula authorized under section
9(d)(2) of the Act, except that the
Secretary may determine not to allocate
funding to public housing agencies
currently designated as troubled or to
public housing agencies that elect not
to accept such funding: Provided
further, That the Secretary shall
make available $2,000,000,000 by
competition for priority investments,
including investments that leverage
private sector funding or financing for
renovations and energy conservation
retrofit investments: Provided
further, That public housing
agencies shall prioritize capital
projects that are already underway or
included in the 5-year capital fund
plans required by the Act (42 U.S.C.
1437c-1(a)): Provided further,
That in allocating competitive grants
under this heading, the Secretary shall
give priority consideration to the
rehabilitation of vacant rental units:
Provided further, That
notwithstanding any other provision of
law, (1) funding provided herein may not
be used for operating or rental
assistance activities, and (2) any
restriction of funding to replacement
housing uses shall be inapplicable:
Provided further, That
notwithstanding any other provision of
law, the Secretary shall institute
measures to ensure that funds provided
under this heading shall serve to
supplement and not supplant expenditures
from other Federal, State, or local
sources or funds independently generated
by the grantee: Provided further,
That notwithstanding section 9(j),
public housing agencies shall obligate
100 percent of the funds within 1 year
of the date of enactment of this Act,
shall expend at least 60 percent of
funds within 2 years of the date on
which funds become available to the
agency for obligation, and shall expend
100 percent of the funds within 3 years
of such date: Provided further,
That if a public housing agency fails to
comply with either the 1-year obligation
requirement or the 2-year expenditure
requirement, the Secretary shall
recapture all remaining funds awarded to
the public housing agency and reallocate
such funds to agencies that are in
compliance with those requirements:
Provided further, That if a public
housing agency fails to comply with the
3-year expenditure requirement, the
Secretary shall recapture the balance of
the funds awarded to the public housing
agency: Provided further, That
in administering funds provided in this
heading, the Secretary may waive any
provision of any statute or regulation
that the Secretary administers in
connection with the obligation by the
Secretary or the use by the recipient of
these funds except for requirements
imposed by this heading and requirements
related to conditions on use of funds
for development and modernization, fair
housing, non-discrimination, labor
standards, and the environment, upon a
finding that such waiver is required to
facilitate the timely use of such funds
and would not be inconsistent with the
overall purpose of the statute or
regulation: Provided further,
That of the funds made available under
this heading, up to 1 percent shall be
available for staffing, training,
technical assistance, technology,
monitoring, research and evaluation
activities: Provided further,
That any funds made available under this
heading used by the Secretary for
personnel expenses shall be transferred
to and merged with funding provided to
`Personnel Compensation and Benefits,
Office of Public and Indian Housing':
Provided further, That any
funds made available under this heading
used by the Secretary for training or
other administrative expenses shall be
transferred to and merged with funding
provided to `Administration, Operations,
and Management', for non-personnel
expenses of the Department of Housing
and Urban Development: Provided
further, That any funds made
available under this heading used by the
Secretary for technology shall be
transferred to and merged with the
funding provided to `Working Capital
Fund'.
Home Investment Partnerships Program
For an additional amount for the `HOME
Investment Partnerships Program' as
authorized under title II of the
Cranston-Gonzalez National Affordable
Housing Act (the `Act'), $250,000,000,
to remain available until September 30,
2011: Provided, That except as
specifically provided herein, funds
provided under this heading shall be
distributed pursuant to the formula
authorized by section 217 of the Act:
Provided further, That the
Secretary may establish a minimum grant
size: Provided further, That
participating jurisdictions shall
obligate 100 percent of the funds within
1 year of the date of enactment of this
Act, shall expend at least 60 percent of
funds within 2 years of the date on
which funds become available to the
participating jurisdiction for
obligation and shall expend 100 percent
of the funds within 3 years of such
date: Provided further, That if
a participating jurisdiction fails to
comply with either the 1-year obligation
requirement or the 2-year expenditure
requirement, the Secretary shall
recapture all remaining funds awarded to
the participating jurisdiction and
reallocate such funds to participating
jurisdictions that are in compliance
with those requirements: Provided
further, That if a participating
jurisdiction fails to comply with the
3-year expenditure requirement, the
Secretary shall recapture the balance of
the funds awarded to the participating
jurisdiction: Provided further,
That in administering funds under this
heading, the Secretary may waive any
provision of any statute or regulation
that the Secretary administers in
connection with the obligation by the
Secretary or the use by the recipient of
these funds except for requirements
imposed by this heading and requirements
related to fair housing,
non-discrimination, labor standards and
the environment, upon a finding that
such waiver is required to facilitate
the timely use of such funds and would
not be inconsistent with the overall
purpose of the statute or regulation:
Provided further, That the
Secretary may use funds provided under
this heading to provide incentives to
grantees to use funding for investments
in energy efficiency and green building
technology: Provided further,
That such incentives may include
allocation of up to 20 percent of funds
made available under this heading other
than pursuant to the formula authorized
by section 217 of the Act: Provided
further, That, of the funds made
available under this heading, up to 1
percent shall be available for staffing,
training, technical assistance,
technology, monitoring, research and
evaluation activities: Provided
further, That any funds made
available under this heading used by the
Secretary for personnel expenses shall
be transferred to and merged with
funding provided to `Personnel
Compensation and Benefits, Office of
Community Planning and Development':
Provided further, That any funds
made available under this heading used
by the Secretary for training or other
administrative expenses shall be
transferred to and merged with funding
provided to `Administration, Operations,
and Management', for non-personnel
expenses of the Department of Housing
and Urban Development: Provided
further, That any funds made
available under this heading used by the
Secretary for technology shall be
transferred to and merged with the
funding provided to `Working Capital
Fund'.
For an additional amount for capital
investments in low-income housing tax
credit projects, $2,000,000,000, to
remain available until September 30,
2011: Provided, That the funds
shall be allocated to States under the
HOME program under this Heading shall be
made available to State housing finance
agencies in an amount totaling
$2,000,000,000, subject to any changes
made to a State allocation for the
benefit of a State by the Secretary of
Housing and Urban Development for areas
that have suffered from disproportionate
job loss and foreclosure: Provided
further, That the Secretary, in
consultation with the States, shall
determine the amount of funds each State
shall have available under HOME:
Provided further, That the State
housing finance agencies (including for
purposes throughout this heading any
entity that is responsible for
distributing low-income housing tax
credits) or as appropriate as an entity
as a gap financer, shall distribute
these funds competitively under this
heading to housing developers for
projects eligible for funding (such
terms including those who may have
received funding) under the low-income
housing tax credit program as provided
under section 42 of the I.R.C. of 1986,
with a review of both the decisionmaking
and process for the award by the
Secretary of Housing and Urban
Development: Provided further,
That funds under this heading must be
awarded by State housing finance
agencies within 120 days of enactment of
the Act and obligated by the developer
of the low-income housing tax credit
project within one year of the date of
enactment of this Act, shall expend 75
percent of the funds within two years of
the date on which the funds become
available, and shall expend 100 percent
of the funds within 3 years of such
date: Provided further, That
failure by a developer to expend funds
within the parameters required within
the previous proviso shall result in a
redistribution of these funds by a State
housing finance agency or by the
Secretary if there is a more deserving
project in another jurisdiction:
Provided further, That projects
awarded tax credits within 3 years prior
to the date of enactment of this Act
shall be eligible for funding under this
heading: Provided further, That
as part of the review, the Secretary
shall ensure equitable distribution of
funds and an appropriate balance in
addressing the needs of urban and rural
communities with a special priority on
areas that have suffered from excessive
job loss and foreclosures: Provided
further, That State housing finance
agencies shall give priority to projects
that require an additional share of
Federal funds in order to complete an
overall funding package, and to projects
that are expected to be completed within
3 years of enactment: Provided
further, That any assistance
provided to an eligible low-income
housing tax credit project under this
heading shall be made in the same manner
and be subject to the same limitations
(including rent, income, and use
restrictions) as an allocation of the
housing credit amount allocated by the
State housing finance agency under
section 42 of the I.R.C. of 1986, except
that such assistance shall not be
limited by, or otherwise affect (except
as provided in subsection (h)(3)(J) of
such section), the State housing finance
agency applicable to such agency:
Provided further, That the State
housing finance agency shall perform
asset management functions to ensure
compliance with section 42 of the I.R.C.
of 1986, and the long term viability of
buildings funded by assistance under
this heading: Provided further,
That the term basis (as such term is
defined in such section 42) of a
qualified low-income housing tax credit
building receiving assistance under this
heading shall not be reduced by the
amount of any grant described under this
heading: Provided further, That
the Secretary shall collect all
information related to the award of
Federal funds from state housing finance
agencies and establish an internet site
that shall identify all projects
selected for an award, including the
amount of the award as well as the
process and all information that was
used to make the award decision.
Homelessness Prevention Fund
For homelessness prevention activities,
$1,500,000,000, to remain available
until September 30, 2011: Provided,
That funds provided under this heading
shall be used for the provision of
short-term or medium-term rental
assistance; housing relocation and
stabilization services including housing
search, mediation or outreach to
property owners, credit repair, security
or utility deposits, utility payments,
rental assistance for a final month at a
location, and moving cost assistance; or
other appropriate homelessness
prevention activities: Provided
further, That grantees receiving
such assistance shall collect data on
the use of the funds awarded and persons
served with this assistance in the
Homeless Management Information System
(HMIS) or other comparable database:
Provided further, That grantees may
use up to 5 percent of any grant for
administrative costs: Provided
further, That funding made
available under this heading shall be
allocated to eligible grantees (as
defined and designated in sections 411
and 412 of subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act,
(the `Act')) pursuant to the formula
authorized by section 413 of the Act:
Provided further, That the
Secretary may establish a minimum grant
size: Provided further, That
grantees shall expend at least 75
percent of funds within 2 years of the
date that funds became available to them
for obligation, and 100 percent of funds
within 3 years of such date, and the
Secretary may recapture unexpended funds
in violation of the 2-year expenditure
requirement and reallocate such funds to
grantees in compliance with that
requirement: Provided further,
That the Secretary may waive statutory
or regulatory provisions (except
provisions for fair housing,
nondiscrimination, labor standards, and
the environment) necessary to facilitate
the timely expenditure of funds:
Provided further, That the
Secretary shall publish a notice to
establish such requirements as may be
necessary to carry out the provisions of
this section within 30 days of enactment
of the Act and that this notice shall
take effect upon issuance: Provided
further, That of the funds provided
under this heading, up to 1.5 percent
shall be available for staffing,
training, technical assistance,
technology, monitoring, research and
evaluation activities: Provided
further, That any funds made
available under this heading used by the
Secretary for personnel expense shall be
transferred to and merged with funding
provided to `Community Planning and
Development Personnel Compensation and
Benefits': Provided further,
That any funds made available under this
heading used by the Secretary for
training or other administrative
expenses shall be transferred to and
merged with funding provided to
`Administration, Operations, and
Management' for non-personnel expenses
of the Department of Housing and Urban
Development: Provided further,
That any funding made available under
this heading used by the Secretary for
technology shall be transferred to and
merged with the funding provided to
`Working Capital Fund.'
Assisted Housing Stability and Energy
and Green Retrofit Investments
For assistance to owners of properties
receiving project-based assistance
pursuant to section 202 of the Housing
Act of 1959 (12 U.S.C. 17012), section
811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013),
or section 8 of the United States
Housing Act of 1937 as amended (42
U.S.C. 1437f), $2,250,000,000, of which
$2,132,000,000 shall be for an
additional amount for paragraph (1)
under the heading `Project-Based Rental
Assistance' in Public Law 110-161 for
payments to owners for 12-month periods,
and of which $118,000,000 shall be for
grants or loans for energy retrofit and
green investments in such assisted
housing: Provided, That
projects funded with grants or loans
provided under this heading must comply
with the requirements of subchapter IV
of chapter 31 of title 40, United States
Code: Provided further, That
such grants or loans shall be provided
through the existing policies,
procedures, contracts, and transactional
infrastructure of the authorized
programs administered by the Office of
Affordable Housing Preservation of the
Department of Housing and Urban
Development, on such terms and
conditions as the Secretary of Housing
and Urban Development deems appropriate
to ensure the maintenance and
preservation of the property, the
continued operation and maintenance of
energy efficiency technologies, and the
timely expenditure of funds:
Provided further, That the
Secretary may provide incentives to
owners to undertake energy or green
retrofits as a part of such grant or
loan terms, including, but not limited
to, investment fees to cover oversight
and implementation costs incurred by
said owner, or to encourage job creation
for low-income or very low-income
individuals: Provided further,
That the grants or loans shall include a
financial assessment and physical
inspection of such property:
Provided further, That eligible
owners must have at least a satisfactory
management review rating, be in
substantial compliance with applicable
performance standards and legal
requirements, and commit to an
additional period of affordability
determined by the Secretary, but of not
fewer than 15 years: Provided
further, That the Secretary shall
undertake appropriate underwriting and
oversight with respect to grant and loan
transactions and may set aside up to 5
percent of the funds made available
under this heading for grants or loans
for such purpose: Provided further,
That the Secretary shall take steps
necessary to ensure that owners
receiving funding for energy and green
retrofit investments under this heading
shall expend such funding within 2 years
of the date they received the funding:
Provided further, That the
Secretary may waive or modify statutory
or regulatory requirements with respect
to any existing grant, loan, or
insurance mechanism authorized to be
used by the Secretary to enable or
facilitate the accomplishment of
investments supported with funds made
available under this heading for grants
or loans: Provided further,
That of the funds provided under this
heading, up to 1.5 percent shall be
available for staffing, training,
technical assistance, technology,
monitoring, research and evaluation
activities: Provided further,
That funding made available under this
heading and used by the Secretary for
personnel expenses shall be transferred
to and merged with funding provided to
`Housing Compensation and Benefits':
Provided further, That any funding
made available under this heading used
by the Secretary for training and other
administrative expenses shall be
transferred to and merged with funding
provided to `Administration, Operations
and Management' for non-personnel
expenses of the Department of Housing
and Urban Development: Provided
further, That any funding made
available under this heading used by the
Secretary for technology shall be
transferred to and merged with funding
provided to `Working Capital Fund.'
Office of Healthy Homes and Lead Hazard
Control
For an additional amount for the `Lead
Hazard Reduction', as authorized by
section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of
1992, $100,000,000, to remain available
until September 30, 2011: Provided,
That funds shall be awarded first to
applicant jurisdictions which had
applied under the Lead-Based Paint
Hazard Control Grant Program Notice of
Funding Availability for fiscal year
2008, and were found in the application
review to be qualified for award, but
were not awarded because of funding
limitations, and that any funds which
remain after reservation of funds for
such grants shall be added to the amount
of funds to be awarded under the
Lead-Based Paint Hazard Control Grant
Program Notice of Funding Availability
for fiscal year 2009: Provided
further, That each applicant
jurisdiction for the Lead-Based Paint
Hazard control Grant Program Notice of
Funding Availability for fiscal year
2009 shall submit a detailed plan and
strategy that demonstrates adequate
capacity that is acceptable to the
Secretary to carry out the proposed use
of funds: Provided further,
That recipients of funds under this
heading shall obligate 100 percent of
such funds within 1 year of the date of
enactment of this Act, expend at least
75 percent of such funds within 2 years
of the date on which funds become
available to such jurisdictions for
obligation, and expend 100 percent of
such funds within 3 years of such date:
Provided further, That if a
recipient fails to comply with either
the 1-year obligation requirement or the
2-year expenditure requirement, the
Secretary shall recapture all remaining
funds awarded to the recipient and
reallocate such funds to recipients that
are in compliance with those
requirements: Provided further,
That if a recipient fails to comply with
the 3-year expenditure requirement, the
Secretary shall recapture the balance of
the funds awarded to the recipient:
Provided further, That in
administering funds provided in this
heading, the Secretary may waive any
provision of any statute or regulation
that the Secretary administers in
connection with the obligation by the
Secretary or the use by the recipient of
these funds except for requirements
imposed by this heading and requirements
related to fair housing,
nondiscrimination, labor standards, and
the environment, upon a finding that
such waiver is required to facilitate
the timely use of such funds and would
not be inconsistent with the overall
purpose of the statute or regulation:
Provided further, That, of the
funds made available under this heading,
up to 1 percent shall be available for
staffing, training, technical
assistance, technology, monitoring,
research and evaluation activities:
Provided further, That any funds
made available under this heading used
by the Secretary for personnel expenses
shall be transferred to and merged with
funding provided to `Personnel
Compensation and Benefits, Office of
Healthy Homes and Lead Hazard Control':
Provided further, That any
funds made available under this heading
used by the Secretary for training or
other administrative expenses shall be
transferred to and merged with funding
provided to `Administration, Operations,
and Management', for non-personnel
expenses of the Department of Housing
and Urban Development: Provided
further, That any funds made
available under this heading used by the
Secretary for technology shall be
transferred to and merged with the
funding provided to `Working Capital
Fund'.
Office of Inspector General
For an additional amount for the
necessary salaries and expenses of the
Office of Inspector General in carrying
out the Inspector General Act of 1978,
as amended, $2,750,000, to remain
available until September 30, 2011, and
an additional $12,250,000 for such
purposes, to remain available until
September 30, 2012: Provided,
That the Inspector General shall have
independent authority over all personnel
issues within this office.
TITLE XIII--HEALTH INFORMATION
TECHNOLOGY
SEC. 1301. SHORT TITLE.
This title may be cited as the `Health
Information Technology for Economic and
Clinical Health Act' or the `HITECH
Act'.
Subtitle A--Promotion of Health
Information Technology
PART I--IMPROVING HEALTH CARE
QUALITY, SAFETY, AND EFFICIENCY
SEC. 13101. ONCHIT; STANDARDS
DEVELOPMENT AND ADOPTION.
The Public Health Service Act (42 U.S.C.
201 et seq.) is amended by adding at the
end the following:
`TITLE XXX--HEALTH INFORMATION
TECHNOLOGY AND QUALITY
`SEC. 3000. DEFINITIONS.
`(1) CERTIFIED EHR TECHNOLOGY- The
term `certified EHR technology'
means a qualified electronic health
record and that is certified
pursuant to section 3001(c)(5) as
meeting standards adopted under
section 3004 that are applicable to
the type of record involved (as
determined by the Secretary, such as
an ambulatory electronic health
record for office-based physicians
or an inpatient hospital electronic
health record for hospitals).
`(2) ENTERPRISE INTEGRATION- The
term `enterprise integration' means
the electronic linkage of health
care providers, health plans, the
government, and other interested
parties, to enable the electronic
exchange and use of health
information among all the components
in the health care infrastructure in
accordance with applicable law, and
such term includes related
application protocols and other
related standards.
`(3) HEALTH CARE PROVIDER- The term
`health care provider' means a
hospital, skilled nursing facility,
nursing facility, home health
entity, or other long-term care
facility, health care clinic,
community mental health center (as
defined in section 1913(b)), renal
dialysis facility, blood center,
ambulatory surgical center described
in section 1833(i) of the Social
Security Act, emergency medical
services provider, Federally
qualified health center, group
practice (as defined in section
1877(h)(4) of the Social Security
Act), a pharmacist, a pharmacy, a
laboratory, a physician (as defined
in section 1861(r) of the Social
Security Act), a practitioner (as
described in section 1842(b)(18)(C)
of the Social Security Act), a
provider operated by, or under
contract with, the Indian Health
Service or by an Indian tribe (as
defined in the Indian
Self-Determination and Education
Assistance Act), tribal
organization, or urban Indian
organization (as defined in section
4 of the Indian Health Care
Improvement Act), a rural health
clinic, a covered entity under
section 340B, and any other category
of facility or clinician determined
appropriate by the Secretary.
`(4) HEALTH INFORMATION- The term
`health information' has the meaning
given such term in section 1171(4)
of the Social Security Act.
`(5) HEALTH INFORMATION TECHNOLOGY-
The term `health information
technology' includes hardware,
software, integrated technologies
and related licenses, intellectual
property, upgrades, and packaged
solutions sold as services for use
by health care entities for the
electronic creation, maintenance,
access or exchange of health
information.
`(6) HEALTH PLAN- The term `health
plan' has the meaning given such
term in section 1171(5) of the
Social Security Act.
`(7) HIT POLICY COMMITTEE- The term
`HIT Policy Committee' means such
Committee established under section
3002(a).
`(8) HIT STANDARDS COMMITTEE- The
term `HIT Standards Committee' means
such Committee established under
section 3003(a).
`(9) INDIVIDUALLY IDENTIFIABLE
HEALTH INFORMATION- The term
`individually identifiable health
information' has the meaning given
such term in section 1171(6) of the
Social Security Act.
`(10) LABORATORY- The term
`laboratory' has the meaning given
such term in section 353(a).
`(11) NATIONAL COORDINATOR- The term
`National Coordinator' means the
head of the Office of the National
Coordinator for Health Information
Technology established under section
3001(a).
`(12) PHARMACIST- The term
`pharmacist' has the meaning given
such term in section 804(2) of the
Federal Food, Drug, and Cosmetic
Act.
`(13) QUALIFIED ELECTRONIC HEALTH
RECORD- The term `qualified
electronic health record' means an
electronic record of health-related
information on an individual that--
`(A) includes patient
demographic and clinical health
information, such as medical
history and problem lists; and
`(i) to provide clinical
decision support;
`(ii) to support physician
order entry;
`(iii) to capture and query
information relevant to
health care quality; and
`(iv) to exchange electronic
health information with, and
integrate such information
from other sources.
`(14) STATE- The term `State' means
each of the several States, the
District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American
Samoa, and the Northern Mariana
Islands.
`Subtitle A--Promotion of Health
Information Technology
`SEC. 3001. OFFICE OF THE NATIONAL
COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY.
`(a) Establishment- There is established
within the Department of Health and
Human Services an Office of the National
Coordinator for Health Information
Technology (referred to in this section
as the `Office'). The Office shall be
headed by a National Coordinator who
shall be appointed by the Secretary and
shall report directly to the Secretary.
`(b) Purpose- The National Coordinator
shall perform the duties under
subsection (c) in a manner consistent
with the development of a nationwide
health information technology
infrastructure that allows for the
electronic use and exchange of
information and that--
`(1) ensures that each patient's
health information is secure and
protected, in accordance with
applicable law;
`(2) improves health care quality,
reduces medical errors, and advances
the delivery of patient-centered
medical care;
`(3) reduces health care costs
resulting from inefficiency, medical
errors, inappropriate care,
duplicative care, and incomplete
information;
`(4) provides appropriate
information to help guide medical
decisions at the time and place of
care;
`(5) ensures the inclusion of
meaningful public input in such
development of such infrastructure;
`(6) improves the coordination of
care and information among
hospitals, laboratories, physician
offices, and other entities through
an effective infrastructure for the
secure and authorized exchange of
health care information;
`(7) improves public health
activities and facilitates the early
identification and rapid response to
public health threats and
emergencies, including bioterror
events and infectious disease
outbreaks;
`(8) facilitates health and clinical
research and health care quality;
`(9) promotes early detection,
prevention, and management of
chronic diseases;
`(10) promotes a more effective
marketplace, greater competition,
greater systems analysis, increased
consumer choice, and improved
outcomes in health care services;
and
`(11) improves efforts to reduce
health disparities.
`(c) Duties of the National Coordinator-
`(1) STANDARDS- The National
Coordinator shall--
`(A) review and determine
whether to endorse each
standard, implementation
specification, and certification
criterion for the electronic
exchange and use of health
information that is recommended
by the HIT Standards Committee
under section 3003 for purposes
of adoption under section 3004;
`(B) make such determinations
under subparagraph (A), and
report to the Secretary such
determinations, not later than
45 days after the date the
recommendation is received by
the Coordinator;
`(C) review Federal health
information technology
investments to ensure that
Federal health information
technology programs are meeting
the objectives of the strategic
plan published under paragraph
(3); and
`(D) provide comments and advice
regarding specific Federal
health information technology
programs, at the request of the
Office of Management and Budget.
`(2) HIT POLICY COORDINATION-
`(A) IN GENERAL- The National
Coordinator shall coordinate
health information technology
policy and programs of the
Department with those of other
relevant executive branch
agencies with a goal of avoiding
duplication of efforts and of
helping to ensure that each
agency undertakes health
information technology
activities primarily within the
areas of its greatest expertise
and technical capability and in
a manner towards a coordinated
national goal.
`(B) HIT POLICY AND STANDARDS
COMMITTEES- The National
Coordinator shall be a leading
member in the establishment and
operations of the HIT Policy
Committee and the HIT Standards
Committee and shall serve as a
liaison among those two
Committees and the Federal
Government.
`(A) IN GENERAL- The National
Coordinator shall, in
consultation with other
appropriate Federal agencies
(including the National
Institute of Standards and
Technology), update the Federal
Health IT Strategic Plan
(developed as of June 3, 2008)
to include specific objectives,
milestones, and metrics with
respect to the following:
`(i) The electronic exchange
and use of health
information and the
enterprise integration of
such information.
`(ii) The utilization of an
electronic health record for
each person in the United
States by 2014.
`(iii) The incorporation of
privacy and security
protections for the
electronic exchange of an
individual's individually
identifiable health
information.
`(iv) Ensuring security
methods to ensure
appropriate authorization
and electronic
authentication of health
information and specifying
technologies or
methodologies for rendering
health information unusable,
unreadable, or
indecipherable.
`(v) Specifying a framework
for coordination and flow of
recommendations and policies
under this subtitle among
the Secretary, the National
Coordinator, the HIT Policy
Committee, the HIT Standards
Committee, and other health
information exchanges and
other relevant entities.
`(vi) Methods to foster the
public understanding of
health information
technology.
`(vii) Strategies to enhance
the use of health
information technology in
improving the quality of
health care, reducing
medical errors, reducing
health disparities,
improving public health,
increasing prevention and
coordination with community
resources, and improving the
continuity of care among
health care settings.
`(viii) Specific plans for
ensuring that populations
with unique needs, such as
children, are appropriately
addressed in the technology
design, as appropriate,
which may include technology
that automates enrollment
and retention for eligible
individuals.
`(B) COLLABORATION- The
strategic plan shall be updated
through collaboration of public
and private entities.
`(C) MEASURABLE OUTCOME GOALS-
The strategic plan update shall
include measurable outcome
goals.
`(D) PUBLICATION- The National
Coordinator shall republish the
strategic plan, including all
updates.
`(4) WEBSITE- The National
Coordinator shall maintain and
frequently update an Internet
website on which there is posted
information on the work, schedules,
reports, recommendations, and other
information to ensure transparency
in promotion of a nationwide health
information technology
infrastructure.
`(5) HARMONIZATION- The Secretary
may recognize an entity or entities
for the purpose of harmonizing or
updating standards and
implementation specifications in
order to achieve uniform and
consistent implementation of the
standards and implementation
specifications.
`(A) IN GENERAL- The National
Coordinator, in consultation
with the Director of the
National Institute of Standards
and Technology, shall recognize
a program or programs for the
voluntary certification of
health information technology as
being in compliance with
applicable certification
criteria adopted under this
subtitle. Such program shall
include, as appropriate, testing
of the technology in accordance
with section 14201(b) of the
Health Information Technology
for Economic and Clinical Health
Act.
`(B) CERTIFICATION CRITERIA
DESCRIBED- In this title, the
term `certification criteria'
means, with respect to standards
and implementation
specifications for health
information technology, criteria
to establish that the technology
meets such standards and
implementation specifications.
`(6) REPORTS AND PUBLICATIONS-
`(A) REPORT ON ADDITIONAL
FUNDING OR AUTHORITY NEEDED- Not
later than 12 months after the
date of the enactment of this
title, the National Coordinator
shall submit to the appropriate
committees of jurisdiction of
the House of Representatives and
the Senate a report on any
additional funding or authority
the Coordinator or the HIT
Policy Committee or HIT
Standards Committee requires to
evaluate and develop standards,
implementation specifications,
and certification criteria, or
to achieve full participation of
stakeholders in the adoption of
a nationwide health information
technology infrastructure that
allows for the electronic use
and exchange of health
information.
`(B) IMPLEMENTATION REPORT- The
National Coordinator shall
prepare a report that identifies
lessons learned from major
public and private health care
systems in their implementation
of health information
technology, including
information on whether the
technologies and practices
developed by such systems may be
applicable to and usable in
whole or in part by other health
care providers.
`(C) ASSESSMENT OF IMPACT OF HIT
ON COMMUNITIES WITH HEALTH
DISPARITIES AND UNINSURED,
UNDERINSURED, AND MEDICALLY
UNDERSERVED AREAS- The National
Coordinator shall assess and
publish the impact of health
information technology in
communities with health
disparities and in areas with a
high proportion of individuals
who are uninsured, underinsured,
and medically underserved
individuals (including urban and
rural areas) and identify
practices to increase the
adoption of such technology by
health care providers in such
communities, and the use of
health information technology to
reduce and better manage chronic
diseases.
`(D) EVALUATION OF BENEFITS AND
COSTS OF THE ELECTRONIC USE AND
EXCHANGE OF HEALTH INFORMATION-
The National Coordinator shall
evaluate and publish evidence on
the benefits and costs of the
electronic use and exchange of
health information and assess to
whom these benefits and costs
accrue.
(E) RESOURCE REQUIREMENTS- The
National Coordinator shall
estimate and publish resources
required annually to reach the
goal of utilization of an
electronic health record for
each person in the United States
by 2014, including--
(i) the required level of
Federal funding;
(ii) expectations for
regional, State, and private
investment;
(iii) the expected
contributions by volunteers
to activities for the
utilization of such records;
and
(iv) the resources needed to
establish or expand
education programs in
medical and health
informatics and health
information management to
train health care and
information technology
students and provide a
health information
technology workforce
sufficient to ensure the
rapid and effective
deployment and utilization
of health information
technologies.
`(7) ASSISTANCE- The National
Coordinator may provide financial
assistance to consumer advocacy
groups and not-for-profit entities
that work in the public interest for
purposes of defraying the cost to
such groups and entities to
participate under, whether in whole
or in part, the National Technology
Transfer Act of 1995 (15 U.S.C. 272
note).
`(8) GOVERNANCE FOR NATIONWIDE
HEALTH INFORMATION NETWORK- The
National Coordinator shall establish
a governance mechanism for the
nationwide health information
network.
`(d) Detail of Federal Employees-
`(1) IN GENERAL- Upon the request of
the National Coordinator, the head
of any Federal agency is authorized
to detail, with or without
reimbursement from the Office, any
of the personnel of such agency to
the Office to assist it in carrying
out its duties under this section.
`(2) EFFECT OF DETAIL- Any detail of
personnel under paragraph (1)
shall--
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