# Hiring Incentives to Restore Employment Act/Division A/Title I
## TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT
### CHAPTER 1--JUSTICE

DEPARTMENT OF JUSTICE 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, notwithstanding subsection (i) of such section, $1,179,000,000, of which $2,950,000 shall be transferred to `State and Local Law Enforcement Activities, Salaries and Expenses' for management, administration and oversight of such grants.

### CHAPTER 2--ENERGY AND WATER DEVELOPMENT

CORPS OF ENGINEERS--CIVIL WORKS DEPARTMENT OF THE ARMY Corps of Engineers–Civil construction
    For an additional amount for `Construction', $715,000,000: Provided, 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 not less than $30,000,000 of the funds provided shall be for water-related environmental infrastructure assistance: Provided further, That up to $30,000,000 of the funds provided under this heading may be transferred to `Mississippi Rivers and Tributaries' for authorized projects and activities: Provided further, That notwithstanding any other provision of law, funds provided under this heading shall not be cost shared with the Inland Waterways Trust Fund as authorized in Public Law 99-662: Provided further, That funds provided under this heading shall only be allocated to programs, projects or activities that heretofore received funds provided in Acts making appropriations available for Energy and Water Development and that are selected using only the following criteria in order of priority: programs, projects or activities that can be commenced quickly; programs, projects or activities that will create immediate employment; programs, projects or activities that will be executed by contract or direct hire of temporary labor; and programs, projects or activities that are located in a State with high unemployment: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280), shall not apply during fiscal years 2010 and 2011 for any project receiving funds provided in this title: Provided further, That for projects that are being completed with funds appropriated in this paragraph that would otherwise be expired for obligation, expired funds appropriated in this paragraph may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That funds made available under this heading shall be apportioned by the Office of Management and Budget not later than 30 days after the date of enactment of this Act and allocated by the Secretary of the Army to specific programs, projects or activities not later than 45 days after the date of enactment of this Act: Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, including an explanation of how each selected program, project or activity fulfills the funding criteria above, beginning not later than 45 days after the date of enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for the funds provided under this heading: Provided further, That up to 0.5 percent of funds provided under this heading may be transferred to `Expenses' for the purposes of management and oversight of the programs, projects or activities funded by this paragraph.
DEPARTMENT OF THE INTERIOR Bureau of Reclamation water and related resources
    For an additional amount for `Water and Related Resources', $100,000,000: Provided, That of the amount appropriated under this heading, not less than $26,000,000 shall be used for water reclamation and reuse projects authorized under title XVI of Public Law 102-575: Provided further, That up to $30,000,000 of the funds provided under this heading may be used for programs, projects, and activities authorized by Public Law 108-361 and up to $10,000,000 of the funds provided under this heading may be transferred to the Department of the Interior for programs, projects, and activities authorized by titles II-V of Public Law 102-575: Provided further, That funds provided under this heading shall only be allocated to programs, projects or activities that heretofore received funds provided in Acts making appropriations available for Energy and Water Development: Provided further, That for projects that are being completed with funds appropriated in this paragraph that would otherwise be expired for obligation, expired funds appropriated in this paragraph may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary of the Interior shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after the date of enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for the funds provided under this heading: Provided further, That up to 0.5 percent of funds appropriated under this heading may be transferred to `Policy and Administration' for the purposes of management and oversight of the programs, projects, or activities funded by this paragraph.
DEPARTMENT OF ENERGY ENERGY PROGRAMS
    For an additional amount for `Title 17 Innovative Technology Loan Guarantee Program' for the cost of guaranteed loans authorized by section 1705 of the Energy Policy Act of 2005, $2,000,000,000, available until expended: Provided, That the cost of such loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.
General Provision, This Chapter
    Sec. 1201. (a) Specific Appropriation or Contribution- Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--
       (1) by striking subsection (b) and inserting the following:
             `(b) Specific Appropriation or Contribution-
                `(1) IN GENERAL- No guarantee shall be made unless--
                   `(A) an appropriation for the cost has been made;
                   `(B) the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the Treasury; or
                   `(C) a combination of appropriations or payments from the borrower has been made sufficient to cover the cost of the obligation.
                `(2) LIMITATION- The source of payments received from a borrower under paragraph (1)(B) or (C) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government.'; and
       (2) by adding at the end the following:
             `(k) Credit Report- If, in the opinion of the Secretary, a third-party credit rating of the applicant or project is not relevant to the determination of the credit risk of a project, if the project costs are not projected to exceed $100,000,000, and the applicant agrees to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive any otherwise applicable requirement (including any requirement described in part 609 of title 10, Code of Federal Regulations) to provide a third-party credit report.
             `(l) Direct Hire Authority-
                `(1) IN GENERAL- Notwithstanding section 3304 and sections 3309 through 3318 of title 5, United States Code, the head of the loan guarantee program under this title (referred to in this subsection as the `Executive Director') may, on a determination that there is a severe shortage of candidates or a severe hiring need for particular positions to carry out the functions of this title, recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the programs under this title into the competitive service.
                `(2) EXCEPTION- The authority granted under paragraph (1) shall not apply to positions in the excepted service or the Senior Executive Service.
                `(3) REQUIREMENTS- In exercising the authority granted under paragraph (1), the Executive Director shall ensure that any action taken by the Executive Director--
                   `(A) is consistent with the merit principles of section 2301 of title 5, United States Code; and
                   `(B) complies with the public notice requirements of section 3327 of title 5, United States Code.
                `(4) SUNSET- The authority provided under paragraph (1) shall terminate on January 1, 2011.
             `(m) Multiple Sites- Notwithstanding any contrary requirement (including any provision under part 609.12 of title 10, Code of Federal Regulations) an eligible project may be located on 2 or more non-contiguous sites in the United States.'.
    (b) Applications for Multiple Eligible Projects- Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
             `(e) Multiple Applications- Notwithstanding any contrary requirement (including any provision under part 609.3(a) of title 10, Code of Federal Regulations), a project applicant or sponsor of an eligible project may submit an application for more than 1 eligible project under this section.'.
    (c) Energy Efficiency Loan Guarantees- Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the following:
                `(4) Energy efficiency projects, including projects to retrofit residential, commercial, and industrial buildings, facilities, and equipment.'.

### CHAPTER 3--HOMELAND SECURITY

DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency
    For an additional amount for `Firefighter Assistance Grants' for necessary expenses for programs authorized by section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a), $500,000,000: Provided, That notwithstanding any provision under section 34(a)(1)(A) of such Act specifying that grants must be used to increase the number of firefighters in fire departments, the Secretary of Homeland Security, in making grants under section 34 of such Act for fiscal year 2010, shall grant waivers from the requirements of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section: Provided further, That section 34(a)(1)(E) of such Act shall not apply with respect to funds appropriated in this or any other Act making appropriations for fiscal year 2010 for grants under section 34 of such Act: Provided further, That the Secretary of Homeland Security, in making grants under section 34 of such Act, shall ensure that funds appropriated under this or any other Act making appropriations for fiscal year 2010 are made available for the retention of firefighters and shall award grants not later than 120 days after the date of enactment of this Act: Provided further, That the Secretary may transfer any unused funds under this heading to make grants for programs authorized by section 33 of such Act (15 U.S.C. 2229) after notification to the Committees on Appropriations of the Senate and the House of Representatives.