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[Senate Report 111-3]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 19
111th Congress                                                   Report
                                 SENATE
 1st Session                                                      111-3

======================================================================

 
 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

                                _______
                                

                January 27, 2009.--Ordered to be printed

                                _______
                                

           Mr. Inouye, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 336]

    The Committee on Appropriations reports the original bill 
(S. 336) 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, reports favorably 
thereon and recommends that the bill do pass.

                            C O N T E N T S

                              ----------                              
                                                                   Page

Summary of the Bill..............................................     3
Title I--Agriculture, Rural Development, Food and Drug 
  Administration, and Related Agencies...........................     5
Title II--Commerce, Justice, Science, and Related Agencies.......    11
Title III--Department of Defense.................................    23
Title IV--Energy and Water Development...........................    25
Title V--Financial Services and General Government...............    35
Title VI--Department of Homeland Security........................    40
Title VII--Interior, Environment, and Related Agencies...........    45
Title VIII--Departments of Labor, Health and Human Services, and 
  Education, and Related Agencies................................    54
Title IX--Legislative Branch.....................................    68
Title X--Military Construction and Veterans Affairs and Related 
  Agencies.......................................................    69
Title XI--State, Foreign Operations, and Related Programs........    76
Title XII--Transportation, Housing and Urban Development, and 
  Related Agencies...............................................    79
Title XIII--Health Information Technology........................    97
Title XIV--State Fiscal Stabilization............................    99
Title XV--Recovery Accountability and Transparency Board and 
  Recovery Independent Advisory Panel............................   100
Title XVI--General Provisions--This Act..........................   102
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules 
  of the Senate..................................................   104
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of 
  the 
  Senate.........................................................   104
Budgetary Impact.................................................   165
Statement of New Budget (Obligational) Authority Amounts 
  Recommended in the Bill........................................   166
  

                          SUMMARY OF THE BILL

    The Committee recommends discretionary appropriations of 
$349,067,525,000 and mandatory appropriations of 
$16,562,000,000 to assist in the economic recovery of and 
reinvestment in America. The bill represents the first step in 
revitalizing our Nation's economy. The fundamental principle 
behind the legislation is to use the resources of the Federal 
Government as one means to reinvigorate the engine that is the 
United States economy.
    All economists agree that the Nation is facing one of the 
most dire economic crises in our history. Over the past 2 
months more than 1 million jobs have been lost. Nothing 
indicates that similar job losses won't continue unless the 
Federal Government acts. While forecasters differ on specifics, 
many believe that without quick and decisive action the Nation 
could suffer up to an additional 5 million job losses over the 
coming year.
    The measure reported by the Committee is designed to help 
stem the tide of job losses and mitigate economic turmoil. It 
is agreed that this is only one tool that will be needed to 
turn around our economic woes, but it is an important response 
to the emergency conditions extant in the country.
    In fashioning this bill the Committee has focused on 
spending our Nation's dollars on worthwhile projects which both 
benefit the American people on their merits and will also lead 
to an increase in jobs. Based on information supplied by 
experts both within and outside of Government, the Committee 
estimates this bill will lead to the employment of more than 4 
million individuals.
    The overarching goal of this measure is to return our 
unemployed workers to the workforce where they can help prime 
the economy. Equally important is to invest either in 
beneficial projects which have been planned and approved by 
Federal officials, and are ready to begin, but for which funds 
have been unavailable, or to invest in new technology that can 
help stimulate commercial business using this initial 
investment from the public sector. Funding is also included to 
address the economic dislocation occurring in our States with 
direct assistance recommended for food stamps, education, and 
other programs to offset the increased demands which are 
jeopardizing our States' economies.
    In general, the funding provided herein is temporary. It 
will address short-term needs and is intended to be expended 
quickly. The bill has been crafted with the goal of minimizing 
any requirement for continued Government spending in the areas 
supported. Investment in infrastructure by its nature is a one 
time cost. Increases for programs as varied as food stamps, 
loan guarantees, and education, for example, are being made 
available with the clear understanding that the level of 
resources provided in this measure will not be sustained in the 
future. Attention has also been paid to holding down permanent 
increases in Federal employees. This is a jobs bill, but not 
for new Federal Government jobs. However, to ensure effective 
management of this significant infusion of funding many 
agencies will be afforded small increases in workforce.
    With this large influx in Federal spending, the Committee 
wants to ensure that it has taken steps to improve oversight of 
the funds in this bill. Therefore, the Committee is 
recommending $117,000,000 to increase the resources of agency 
Inspectors General and the Government Accountability Office. In 
addition, the Committee has included legislative language to 
establish a new board within the executive branch which will be 
charged with oversight of the funding provided in this bill. 
Furthermore, the Committee has included requirements as 
described throughout this report for Federal agencies to 
include expenditure plans prior to obligating the funds made 
available in this bill. Additional reporting requirements have 
also been mandated to ensure greater accountability for the 
funds recommended.
    Rapid passage of this bill is an essential ingredient in 
the success of this plan. As noted above, last month an 
additional 500,000 American citizens lost their job. By joining 
the ranks of the unemployed these individuals are now adding to 
the cost of our Nation's safety net and straining our Nation's 
resources instead of contributing to its economic growth. They 
are likely to struggle to meet their families' needs, and they 
may be forced to curtail their own spending once again draining 
resources from our economy and threatening more jobs.
    The country is enmeshed in a grave crisis. It is imperative 
that the Federal Government use all means at its disposal to 
address the problems. While the investments made in this 
measure will very clearly add to the deficit, the Committee 
believes that failure to act expeditiously could lead to even 
greater deficits and economic problems for the Nation for years 
to come.
    With each passing week that the Congress fails to address 
our economic problems, additional thousands will continue to 
join the ranks of the unemployed. Inaction will only add to our 
challenges. This measure is only one step but it is a very 
important step in addressing this problem.
    In the narrative which follows the Committee identifies the 
specific spending proposals to put America back to work.
    One of the most important objectives of this bill is to 
reduce unemployment and foster economic development throughout 
the Nation. The Committee notes that many States have 
experienced high levels of unemployment and other economic 
loss, such as home foreclosures, for sustained periods of time. 
These States will face a longer road to economic recovery than 
their counterparts. Therefore, the Committee urges the head of 
the relevant Federal department or agency to consider using the 
funds in this act to increase assistance to such economically 
distressed States and communities so long as it is consistent 
with the intent of this legislation and does not conflict with 
provisions governing the use of funds.
    In addition, the Committee is requiring, in section 1605 of 
this act, certification by State and local officials that the 
spending is an appropriate use of taxpayer funds.

TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
                          AND RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee recommends $300,000,000 to the Office of the 
Secretary for replacement, modernization, and upgrade 
requirements at USDA facilities, other than the Forest Service, 
to meet workplace safety requirements and to improve mission 
area effectiveness. The Committee notes that many USDA 
facilities have been in operation for over one-half of a 
century and serious structural and operational defects 
currently impede the functions of the Department and do not 
adequately safeguard employees from health and safety risks. 
The Committee includes bill language requiring the Secretary to 
submit a plan on the allocation of these funds to the 
Committees on Appropriations of the House and Senate (hereafter 
referred to in this title as ``Committees'') within 60 days of 
enactment of this act on how these funds will be allocated and 
to initiate modernization and upgrade activities as soon as 
practicable. The Secretary shall also provide quarterly reports 
to the Committees on the status of these activities until 
complete. The Secretary is further directed that none of the 
funds in this appropriation should be used for modernization or 
upgrade activities of the USDA South Building beyond those 
described in the current phase of facility renovation.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $5,000,000 for the Office of 
Inspector General for oversight and audit activities of funds 
under this title. The Secretary shall provide quarterly reports 
to the Committees on the status of these activities.

       Cooperative State Research, Education and Economic Service

                   RESEARCH AND EDUCATION ACTIVITIES

    The Committee recommends $100,000,000 for competitive 
grants under the Agriculture and Food Research Initiative 
[AFRI]. The Committee feels that effective gains in the areas 
of renewable energy and agricultural productivity must be the 
result of high quality peer-reviewed research. AFRI is the USDA 
flagship competitive research program that draws on expertise 
from colleges and universities around the Nation, and from 
other eligible institutions, on challenges most important to 
the agricultural sector. The Committee directs that funds 
provided by this appropriation be made available for research 
in the area of renewable fuels and emerging agricultural 
production technologies. These are two areas for which an 
enhanced knowledge base will contribute greatly to more 
effective and robust economic activity. The Secretary is 
directed to provide a report to the Committees on the 
allocation of these funds by research category within 60 days 
of enactment of this act and on the specific research awards 
within 120 days of enactment of this act.

                          Farm Service Agency

                         SALARIES AND EXPENSES

    The Committee recommends $171,000,000 for Farm Service 
Agency, Salaries and Expenses to stabilize and upgrade computer 
systems and for additional staff which are critical for 
implementing the Food, Conservation, and Energy Act of 2008 
(the farm bill). The Farm Service Agency is the critical agency 
of the Department to ensure the timely and appropriate 
distribution of Federal financial support to the agricultural 
sector, which has a direct effect on the viability of 
manufacturing, supplies, financial services, and other elements 
of the national economy. Prompt implementation of the farm bill 
will greatly assist economic recovery in rural America. 
Continuing risks of information technology systems failures, as 
experienced recently, pose a very serious threat to this 
effort.

           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

    The Committee recommends $42,430,000 in budget authority to 
support $650,000,000 in direct and guaranteed farm ownership 
and operating loans. The Farm Service Agency is experiencing 
increased loan demand and a significant shortfall in the 
funding necessary to meet the anticipated demand for both 
direct and guaranteed loans. Due to the shortfalls in credit 
availability, these funds are needed to ensure that sufficient 
credit is available to meet the needs of farmers and ranchers, 
and to support production needs in the coming growing season.
    The following table reflects the amounts provided in the 
bill:

------------------------------------------------------------------------
                                                            Amount
------------------------------------------------------------------------
Farm Ownership Loans:
    Direct..........................................      ($300,000,000)
    Subsidy.........................................         17,200,000
    Guaranteed......................................       (100,000,000)
    Subsidy.........................................            330,000
Farm Operating Loans:
    Direct..........................................       (200,000,000)
    Subsidy.........................................         23,600,000
    Unsubsidized Guaranteed.........................        (50,000,000)
    Subsidy.........................................          1,300,000
------------------------------------------------------------------------

                 Natural Resources Conservation Service

               WATERSHED AND FLOOD PREVENTION OPERATIONS

    The Committee recommends $275,000,000 for Watershed and 
Flood Prevention Operations for watershed and flood prevention 
activities. The Secretary is directed to submit a report to the 
Committees within 60 days of enactment of this act on how these 
funds will be allocated and to initiate activities as soon as 
practicable. The Secretary shall also provide quarterly reports 
to the Committees on the status of these activities until 
complete. The Committee expects that these funds will fully 
implement the stage of activity resulting in actual improvement 
to the watershed.

                     WATERSHED REHABILITION PROGRAM

    The Committee recommends $120,000,000 for the Watershed 
Rehabilitation Program for critical activities across the 
country. The Secretary is directed to submit a report to the 
Committees within 60 days of enactment of this act on how these 
funds will be allocated and to initiate activities as soon as 
practicable. The Secretary shall also provide quarterly reports 
to the Committees on the status of these activities until 
complete. The Committee expects that these funds will fully 
cover any activity initiated.

                RURAL DEVELOPMENT SALARIES AND EXPENSES

    The Committee recommends $110,000,000 to assist USDA in 
implementing the rural development activities included in this 
act and for upgrading computer systems. The Secretary shall 
provide quarterly reports to the Committees on the status of 
the activities funded by this act for rural development until 
these activities are complete.

                         Rural Housing Service

              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

    The Committee recommends $200,000,000 in budget authority 
to support $11,472,000,000 in direct and guaranteed single 
family housing loans that will provide about 105,000 very low 
to moderate-income rural households the opportunity of 
homeownership or avoiding the risk of foreclosure, especially 
during this period of uncertainty in the housing market and 
extremely high demand for credit.
    The following table indicates loan and subsidy levels 
provided in the bill:

------------------------------------------------------------------------
                                                            Amount
------------------------------------------------------------------------
Section 502 Single Family Housing:
    Direct..........................................    ($1,000,000,000)
    Subsidy.........................................         67,000,000
    Guaranteed......................................    (10,472,000,000)
    Subsidy.........................................        133,000,000
------------------------------------------------------------------------

               RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

    The Committee recommends $127,000,000 in budget authority 
to support $1,546,000,000 in loans and grants for essential 
rural community facilities including hospitals, health clinics, 
health and safety vehicles and equipment, public buildings, and 
child and elder care facilities. These funds will both create 
opportunities for job growth and provide relief to local 
governments which are generally suffering from severe revenue 
shortfalls due to the current economic downturn.
    The following table indicates loan and subsidy levels:

------------------------------------------------------------------------
                                                            Amount
------------------------------------------------------------------------
Community Facilities:
    Direct loans....................................    ($1,171,000,000)
    Direct subsidy..................................         67,000,000
    Guaranteed loans................................       (325,000,000)
    Guaranteed subsidy..............................         10,000,000
    Grants..........................................         50,000,000
------------------------------------------------------------------------

                  Rural Business--Cooperative Service

                     RURAL BUSINESS PROGRAM ACCOUNT

    The Committee recommends $150,000,000 in budget authority 
to support $3,010,000,000 in loans and grants to support income 
and employment expansion through improved business 
opportunities in rural areas.
    The following table indicates loan and subsidy levels:

------------------------------------------------------------------------
                                                            Amount
------------------------------------------------------------------------
Business and Industry:
    Guaranteed loans................................    ($2,990,000,000)
    Guaranteed subsidy..............................        130,000,000
    Rural business enterprise grants................         20,000,000
------------------------------------------------------------------------

                         BIOREFINERY ASSISTANCE

    The Committee recommends $200,000,000 in budget authority 
for loans and grants to assist in the development of new and 
emerging technologies for the development of advanced biofuels. 
This program will create energy-related jobs in rural America 
and encourage economic development, along with promoting 
resource conservation and diversifying markets for agricultural 
and forestry products, including agricultural waste materials. 
Further, this program will assist in a shift to renewable fuels 
that rely on feedstocks that do not compete with food-related 
commodities and therefore would not result in higher food 
costs.

                    RURAL ENERGY FOR AMERICA PROGRAM

    The Committee recommends $50,000,000 for the Rural Energy 
for America Program. These funds would be used to provide loans 
and grants to promote energy efficiency and renewable energy 
development for agricultural producers and rural small 
businesses. This program provides opportunities to increase 
local revenues, bolster the local job market, and increase the 
economic yield of land. The Committee also recommends that 
schools in rural areas be eligible to receive these funds.

                        Rural Utilities Service

             RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

    The Committee recommends $1,375,000,000 in budget authority 
that will support $2,820,000,000 in loans and $963,000,000 in 
grants for needed water and waste disposal facilities in rural 
areas.

         DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

    The Committee recommends $200,000,000 in budget authority 
that will support $813,000,000 in loans and $180,000,000 in 
grants for the distance learning and telemedicine program to 
improve access to these services in remote rural communities.

                       Food and Nutrition Service

                        CHILD NUTRITON PROGRAMS

    The Committee recommends $198,000,000 for USDA to implement 
a school food service equipment assistance program to provide 
competitive grants to school food authorities, based on the 
number of students eligible for free or reduced price lunch. 
These grants are to procure new equipment to replace old and 
worn out equipment, which often times was installed when 
schools were built, and will assist schools' efforts to provide 
nutritious meals to students.

SPECIAL SUPPLEMENTAL NUTRITION PROGRM FOR WOMEN, INFANTS, AND CHILDREN 
                                 [WIC]

    The Committee recommends $380,000,000 for a contingency 
fund for the Special Supplemental Nutrition Program for Women, 
Infants and Children [WIC]. This contingency fund will ensure 
that the WIC program will have adequate funds to ensure that 
potential increased participation or food costs as a result of 
economic uncertainty will have no adverse effect on the 
program. The Committee also recommends $120,000,000 for WIC 
Management Information System funds.

                      COMMODITY ASSISTANCE PROGRAM

    The Committee recommends $150,000,000 for food purchases, 
of which up to $50,000,000 may be used for administrative 
funding, for the Emergency Food Assistance Program.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 101. The Committee recommends bill language that will 
give the Secretary of Agriculture the tools necessary to 
facilitate the rapid build out of broadband infrastructure and 
capacity to rural areas necessary to encourage their rural 
development needs. The provision allows the Secretary to offer 
grants, loans and combinations of grants and loans to better 
tailor assistance to meet the needs of individual projects 
while making the most efficient use of available funds. The 
provision gives the Secretary the ability to fund projects that 
operate in sparsely as well as more densely populated areas so 
the project can have a sufficiently large subscriber base to be 
operationally and financially viable and affordable to the end 
users. Even though the Secretary will be allowed this 
flexibility, the Committee intends that it be used to enable 
projects to cover more unserved areas than would be otherwise 
served. The Committee intends that in looking at the 
sufficiency of broadband service in the area, the Secretary 
will exclusively look at the capacity and level of service 
available and the area's broadband needs for sustained 
development and not simply at the technologies or service 
providers involved. In determining the sufficiency of access to 
be provided, the Secretary shall take into consideration both 
the level of capacity required for effective rural development 
and the affordability of service to the end users. The 
Committee believes a substantial investment in broadband is 
essential for sustained economic viability of rural America.
    Sec. 102. This section provides funding for the 
Supplemental Nutrition Assistance Program. The Committee 
recommends a 12 percent increase in benefits for households 
participating in the Supplemental Nutrition Assistance Program 
[SNAP] and Consolidated Block Grants for Puerto Rico and 
American Samoa through September 30, 2011. Further, the 
Committee recommends providing a one-time bonus payment to 
families, which would have an immediate stimulus effect and 
provide assistance to those who need it most. Additionally, the 
Committee recommendation includes a temporary suspension of the 
3-month limit for non-working adults to receive SNAP benefits, 
provides States $150,000,000 in fiscal years 2009 and 2010 to 
carry out these additional provisions, and provides $5,000,000 
in administrative funding for the Food Distribution Program on 
Indian Reservations.
    Sec. 103. The Committee recommends bill language to provide 
assistance to agricultural producers for lost income due to 
natural disasters and other unforeseen events. The Food, 
Conservation, and Energy Act of 2008 (the Farm Bill) authorized 
and made available funding for agricultural losses in each year 
covered by that act. However, the passage of the Farm Bill 
occurred at a time after planting decisions, crop insurance 
decisions, and much of the harvesting of the 2008 crop were 
complete. Therefore, there remains a need to transition the 
historical pattern of ad hoc agricultural disaster assistance 
into the newly authorized Supplemental Agricultural Disaster 
Assistance program that was provided in the Farm Bill to ensure 
equitable treatment of all producers.
    This provision will help enable farmers and ranchers across 
the Nation to secure the financing needed for investment in the 
2009 growing season through purchases of seed, fertilizer, and 
other farm inputs that has a significant effect on the 
manufacturing and natural resource base of the United States. 
Without the ability of farmers and ranchers to recover from 
disasters in 2008, much of the rural economy will be at risk. 
This provision is a necessary step to move farmers and ranchers 
away from ad hoc disaster assistance to a much more reliable 
and predictable disaster recovery mechanism as provided in the 
Farm Bill, especially in view of the unique situation of the 
2008 crop year and the timing of enactment of the Farm Bill.
    Sec. 104. The Committee recommends bill language to 
strengthen enforcement authorities of the Food Safety and 
Inspection Service.
    Sec. 105. The Committee recommends bill language to provide 
assistance to rural schools and other State and local entities.
    Sec. 106. The Committee recommends bill language to carry 
out the Food, Conservation, and Energy Act of 2008.

       TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                    Bureau of Industry and Security

                     OPERATIONS AND ADMINISTRATION

    The Committee recommends $20,000,000 for information 
technology activities within the Bureau of Industry and 
Security [BIS]. These funds are provided to ensure BIS has 
necessary resources for secure information technology [IT] 
systems, which are essential for the Bureau to advance U.S. 
national security, foreign policy and economic objectives by 
ensuring effective export control and treaty compliance and by 
promoting continued U.S. strategic technology leadership.

                  Economic Development Administration

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

    The Committee recommends an additional $150,000,000 for 
Economic Development Assistance Programs [EDAP] to stimulate 
employment and increase incomes in areas that are characterized 
by underutilized resources, which if put to productive use, can 
contribute to greater national productivity and balanced 
national economic growth. Of the amounts provided, $100,000,000 
shall be for public works grants, which will leverage private 
funding to create roughly 35,000 new jobs in communities 
struggling with substantial job losses. In addition, 
$50,000,000 shall be for economic adjustment assistance to help 
communities recover from sudden and severe economic dislocation 
and massive job losses due to corporate restructuring.

                          Bureau of the Census

                     PERIODIC CENSUSES AND PROGRAMS

    The Committee recommends $1,000,000,000 for Periodic 
Censuses and Programs to support the 2010 Census. The Committee 
recommends $120,000,000 for partnership and outreach efforts in 
preparation for the 2010 Census with specific focus being 
placed on hard to reach populations. These funds should be used 
to hire additional personnel who have experience in developing 
partnerships and provide support for other partnership 
programs. The funding provided for the program will help enlist 
community leaders to encourage their constituencies to fill out 
their Census forms, emphasizing the importance of the Census to 
their local community and education system. This outreach is 
particularly important in communities that are hard to reach.
    In addition, the Committee recommends $780,000,000 to hire 
additional enumerators. The Committee notes that the use of 
handheld devices will be limited for the 2010 Census to address 
canvassing and therefore directs the Department to hire 
additional enumerators in order to count underserved 
communities. Finally, the Committee recommends $100,000,000 for 
additional outreach and promotion of 2010 Census to minority 
communities.

       National Telecommunications and Information Administration

               BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM

    The Committee recommends a total of $9,000,000,000 for the 
Broadband Technology Opportunities Program, which is authorized 
by section 201 of this act. Broadband capabilities drive 
innovation and job creation. Yet the United States ranks 15th 
among Organization for Economic Cooperation and Development 
[OECD] nations in per capita broadband use. The Committee 
expects that this one-time appropriation will make a 
significant down payment on increasing the availability of and 
access to broadband nationwide, which will better position the 
United States for economic growth, innovation, and job 
creation.
    Funding is provided for the National Telecommunications and 
Information Administration [NTIA] to award competitive grants 
to State and local governments, nonprofits, and public-private 
partnerships to: (1) accelerate broadband deployment in 
unserved and underserved areas and to strategic institutions 
that are likely to create jobs or provide significant public 
benefits (up to $8,190,000,000); (2) increase sustained 
broadband adoption (not less than $250,000,000); (3) upgrade 
technology and capacity at public computing centers, which are 
a key source of access to the Internet for lower income users, 
such as libraries and community colleges (not less than 
$200,000,000); (4) develop and maintain a broadband inventory 
map of current broadband deployment across the United States as 
authorized by the Broadband Data Improvement Act (Public Law 
110-385) (up to $350,000,000); and (5) conduct audits and 
oversight of grants and other funding under this section 
($10,000,000).
    Bill language requires that 50 percent of the funds under 
this program be spent on projects in rural areas, and any 
portion of such funds may be transferred to the Department of 
Agriculture for administration through the Rural Utilities 
Service [RUS] if deemed necessary and appropriate by the 
Secretary of Commerce, in consultation with the Secretary of 
Agriculture. Bill language also: allows funds to be transferred 
to the Federal Communications Commission [FCC] for the purposes 
of developing a national broadband plan and for other FCC 
responsibilities under section 201; limits administrative costs 
of the program to not more than 3 percent; and transfers 
$10,000,000 to the Inspector General for audits and oversight 
of the program.
    To maximize the public benefits of this significant public 
investment, section 201 gives NTIA the authority to impose 
grant conditions with regard to interconnection and 
nondiscrimination requirements that apply to facilities funded 
in part by this appropriation, regardless of who operates those 
facilities.
    The Committee expects that competitive grants for broadband 
deployment will enable both wireline and wireless broadband 
projects in unserved and underserved areas, and that funds will 
be spent constructing and deploying facilities and services for 
projects that: can commence promptly; and will enable 
connections within economic development zones, and to community 
facilities such as healthcare facilities, public safety 
facilities, public schools, community colleges, public 
libraries, and other strategic community facilities.
    The Committee also intends that the NTIA and any other 
entity-dispensing funds under this program do so in a timely 
fashion, while employing strong safeguards so that funds are 
spent effectively to increase broadband adoption, employment, 
and other community benefits. Toward that end, section 201: (1) 
imposes a 20 percent match requirement for grants, which may be 
satisfied by the grant applicant or any third-party partnering 
with the grant applicant, and may be waived only under special 
circumstances; (2) requires specific commitments from grantees 
on scheduled progress for meeting the goals of the grant; (3) 
requires that grant applications show that the proposed 
broadband deployment would not occur during the grant period 
without this Federal investment; (4) requires quarterly 
reporting by any entity receiving funds regarding how funds are 
spent and progress meeting the schedule, as well as quarterly 
reporting to Congress by Federal agencies making grants 
regarding how funds are being spent; (5) requires strong public 
transparency regarding how funds are spent under the program 
and grantees' progress fulfilling specific commitments to 
deploy facilities, increase broadband adoption or deploy 
computer infrastructure; and (6) empowers the NTIA to revoke 
funding in any case of misspending, and to recapture funds in 
certain circumstances.

                DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM

    The Committee recommends $650,000,000 for the Digital-to-
Analog Converter Box Program for additional coupons to meet 
increased demand, coupon administration, outreach, and support.

             National Institute of Standards and Technology

    The Committee recommends a total of $575,000,000 for the 
National Institute of Standards and Technology [NIST]. This 
funding is critical to support U.S. innovation and industrial 
competitiveness, and is expected to create an estimated 7,000 
jobs. NIST is directed to provide a spend plan no later than 60 
days after enactment of this act detailing the proposed use of 
these funds.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $218,000,000 for NIST to increase 
competitive grants for external partners to perform research 
and measurements in support of NIST's mission. These activities 
include: strengthen the information technology infrastructure 
at NIST sites; and provide for additional NIST research 
fellowships to bring scientists and engineers to NIST both to 
perform NIST research and measurements and to provide advanced 
training for future generations of scientists and engineers. 
Within these funds, NIST shall also provide substantial funding 
for advanced research and measurement equipment and supplies.
    In addition, $20,000,000 is provided by transfer from the 
Health Information Technology [IT] initiative within this act. 
For Health IT activities, NIST is directed to create and test 
standards related to health security and interoperability in 
conjunction with the partners at the Department of Health and 
Human Services.

                  CONSTRUCTION OF RESEARCH FACILITIES

    The Committee recommends $357,000,000 for NIST for the 
renovation and maintenance of existing NIST facilities and 
construction.
    The Committee's recommendation provides $302,000,000 for 
NIST to tackle a backlog of much-needed improvements and 
renovations to: reduce the backlog of major repairs; purchase 
high-efficiency pumps for neutron research; support facility 
construction at existing joint institutes; renovate general 
purpose labs; purchase advanced lab equipment; install grid-
interconnected solar power systems; support net zero energy 
building improvements; and improve advanced robotics testing 
facilities. Renovations shall emphasis the use of green 
technologies and maximize long-term energy and water savings.
    The Committee's recommendation also provides $55,000,000 
for NIST to construct new critical laboratories at its primary 
facilities to improve safety and to allow the agency to stay 
up-to-date with industry, and to renovate and construct 
measurement broadcast stations.

            National Oceanic and Atmospheric Administration

    The Committee recommends a total of $1,222,000,000 for the 
National Oceanic and Atmospheric Administration [NOAA]. This 
funding is essential for improving environmental research 
activities and infrastructure, and is expected to create an 
estimated 6,000 jobs within the maritime, marine technology, 
and environmental research communities. NOAA is directed to 
provide a spend plan no later than 60 days after enactment of 
this act detailing the proposed use of these funds.

                  OPERATIONS, RESEARCH, AND FACILITIES

    The Committee recommends a total of $427,000,000 to: expand 
habitat restoration activities; address the hydrographic survey 
backlog; and accelerate vessel maintenance, which includes 
technology improvements, major repair periods, meet safe 
manning requirements, and replace hydrographic survey launches.

               PROCUREMENT, ACQUISTION, AND CONSTRUCTION

    The Committee recommends a total of $795,000,000 to 
construct and repair NOAA facilities and equipment. Funds are 
provided to: implement the fleet modernization plan to address 
ship maintenance and new construction for the NOAA fleet; 
accelerate construction of local Weather Forecast Offices, 
Critical Weather Observing Systems, weather radars and dual 
polarization systems throughout the country; accelerate 
construction at regional facilities and laboratories currently 
under construction; and construct vessels for marine 
conservation. Within these funds, $70,000,000 is directed to 
specifically support supercomputing activities, especially as 
they relate to climate research.

                        Departmental Management

    The Committee recommends $34,000,000 for the Department of 
Commerce renovation and modernization.

                      Office of Inspector General

    The Committee recommends $6,000,000 for the Office of 
Inspector General [OIG] for oversight and audit of grants, 
contracts, and programs funded under this act.

                         DEPARTMENT OF JUSTICE

                         General Administration

            TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

    The Committee recommends $200,000,000 for Tactical Law 
Enforcement Wireless Communications for accelerated Integrated 
Wireless Network [IWN] deployment in high priority metropolitan 
regions. The Department is directed to report to the House and 
Senate Committees on Appropriations on the intended allocation 
of these funds within 60 days of enactment of this act.

                           Detention Trustee

    The Committee recommends $150,000,000 for the Office of the 
Federal Detention Trustee [OFDT] for the necessary expenses 
related to housing Federal detainees.
    The Committee recommendation provides $50,000,000 for the 
construction and/or physical renovation and related costs for 
States or local jurisdictions for a commitment to provide 
housing and related services to the Department for Federal 
detainees. The Committee's recommendation also includes 
$100,000,000 for operational costs associated with the newly 
constructed/renovated facilities and for maintaining current 
detention housing and services costs. The Federal Detention 
Trustee is directed to report to the House and Senate 
Committees on Appropriations on the intended allocation of 
these funds within 60 days of enactment of this act.

                      Office of Inspector General

    The Committee recommends $2,000,000 for the Office of 
Inspector General [OIG] for oversight and audit of grants, 
contracts, and programs funded under this act.

                     United States Marshals Service

                         SALARIES AND EXPENSES

    The Committee recommends $50,000,000 to implement and 
enforce the Adam Walsh Child Protection and Safety Act (Public 
Law 109-248). The United States Marshals Service [USMS] 
requires funding to hire and equip at least 200 Deputy Marshals 
and at least 25 associated administrative personnel each year 
for the next 5 years. This funding is critical and necessary to 
establish the National Sex Offender Targeting Center, improve 
the information technology backbone, and reinforce the agency's 
infrastructure so that Deputy Marshals have timely, accurate 
investigative information to track down and arrest those who 
prey on our Nation's children.

                              CONSTRUCTION

    The Committee recommends $125,000,000 for the United States 
Marshals Service for high priority renovation and repair 
projects, including construction of USMS space in new 
courthouses approved by the Administrative Offices of the U.S. 
Courts [AOUSC], and renovation of existing USMS facilities to 
address urgent health, safety, and security deficiencies. The 
Marshals Service is directed to report to the Committees on 
Appropriations on the intended allocation of these funds within 
60 days of enactment of this act.

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

    The Committee recommends $75,000,000 for the Federal Bureau 
of Investigation's [FBI] efforts to investigate mortgage fraud, 
predatory lending financial fraud and market manipulation. The 
FBI's fraud workload is expected to increase exponentially in 
the next several months, but the FBI is limited in its ability 
to devote agents to fraud cases because of the pressing 
counterterrorism workload. This funding will enable the FBI to 
increase the number of agents devoted to fraud cases, and will 
support financial investigative training required for these 
cases.

                              CONSTRUCTION

    The Committee recommends $400,000,000 for the Federal 
Bureau of Investigation for high priority construction 
projects.

                         Federal Prison System

                        BUILDINGS AND FACILITIES

    The Committee recommends $1,000,000,000 for construction, 
modernization, maintenance, and repair of prison and detention 
facilities housing Federal inmates. Within this amount, 
$700,000,000 is provided for new prison construction necessary 
to alleviate overcrowding that creates safety risks, and 
$300,000,000 is provided to address the significant backlog of 
major health and safety repairs in the Federal prison 
facilities. The Federal Prison System is directed to report to 
the Committees on Appropriations on the intended allocation of 
these funds within 60 days of enactment of this act.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

    As job losses loom and the economy worsens, service 
providers across the country are reporting an increase in calls 
relating to domestic violence, rape, and sexual assault. The 
stress caused by financial hardship makes an already volatile 
relationship worse; however, scant resources can prevent 
individuals from leaving abusive situations. The Committee 
recommends a total of $300,000,000 for grants to the Office on 
Violence Against Women, of which $250,000,000 is for the STOP 
Violence Against Women Formula Grant Program, and $50,000,000 
is for the Transitional Housing Assistance Program. The STOP 
Violence Against Women Formula Grant Program is administered by 
the Office on Violence Against Women [OVW], to promote a 
coordinated, multidisciplinary approach by States; State, 
local, and tribal courts; Indian tribal governments; units of 
local government; and nonprofit, nongovernmental victim 
services programs to improve the criminal justice system's 
response to violent crimes against women. The Committee directs 
the Department of Justice to obligate these funds by formula no 
later than 60 days after enactment of this act. The 
Transitional Housing Assistance Program provides competitive, 
peer-reviewed grants to assist victims of domestic violence, 
dating violence, sexual assault and stalking who are in need of 
transitional housing, short-term housing assistance, and 
related support services. The Department is directed to report 
to the House and Senate Committees on Appropriations on the 
intended allocation of these funds within 60 days of enactment 
of this act.

                       Office of Justice Programs

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

    The Committee recommends a total of $2,640,000,000 for 
``State and Local Law Enforcement Assistance.''
    Byrne-Justice Assistance Grants.--The Committee recommends 
$1,500,000,000 for Edward Byrne Memorial Justice Assistance 
Grants. Byrne grant funding is the single most important 
Federal resource for cops-on-the-beat in our States and local 
communities. This funding goes by formula to State and local 
police forces to help them prevent, fight, and prosecute crime. 
The Committee directs the Department of Justice to obligate 
these funds by formula no later than 60 days after enactment of 
this act.
    Byrne Competitive Grants.--The Committee recommends 
$440,000,000 for competitive, peer-reviewed grants to State, 
local, and tribal governments, and national, regional, and 
local nonprofit organizations to prevent crime, improve the 
administration of justice, to provide services to assist 
victims of crime, to support critical nurturing and mentoring 
of at-risk children and youth, and for other similar 
activities. Severe economic downturns are typically associated 
with sharp increases in crime. Unique conditions caused by the 
mortgage crisis and housing foreclosure crisis may create a 
dynamic more conducive to criminal behavior in affected 
neighborhoods and impact law enforcement activities, either by 
a loss in tax revenue or an uptick in crime around abandoned 
houses. Additionally, many national, State, and local nonprofit 
organizations report declines in total revenue and individual 
contributions, coupled with marked increases in expenses and 
staff layoffs. Meanwhile, demand has skyrocketed for social 
services provided by these organizations. The Committee 
therefore recommends $440,000,000 in funding for prevention, 
intervention, and prosecution activities because safe 
communities are necessary to foster a strong economy, and 
directs the Department to report to the House and Senate 
Committees on Appropriations on the intended allocation of 
these funds within 60 days of enactment of this act.
    Rural Drug Enforcement Assistance.--The Committee 
recommends $150,000,000 for grants to combat the persistent 
problems of drug-related crime in rural America. Drug and gang-
related crimes are no longer just a big city problem, and 
affect rural communities and small towns across the country in 
growing and alarming ways. Funds would be available on a 
competitive basis to provide resources specifically for rural 
drug enforcement assistance and other law enforcement 
assistance, including the hiring of police officers and funding 
for community drug prevention and treatment programs for rural 
areas. Rural States and rural areas in larger States will 
receive resources needed for community programs and innovative 
policing to prevent and reduce drug-related, gang-related, and 
violent crime. The Department is directed to report to the 
House and Senate Committees on Appropriations on the intended 
allocation of these funds within 60 days of enactment of this 
act.
    Southwest Border/Project Gunrunner.--The Committee 
recommends $100,000,000 for competitive grants for programs 
that provide assistance and equipment to local law enforcement 
along the Southern border or in High-Intensity Drug Trafficking 
Areas to combat criminal narcotic activity along the Southern 
border, of which $10,000,000 shall be for the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives Project Gunrunner. 
The Department is directed to report to the House and Senate 
Committees on Appropriations on the intended allocation of 
these funds within 60 days of enactment of this act.
    Victims' Compensation.--During the past year, victim 
service professionals have seen a clear increase in 
victimization and victim need. The National Crime Victim 
Helpline has experienced a 25 percent increase in calls during 
the past year, as job losses and economic stress factor into 
increased violence in the home and in communities. The 
Committee therefore recommends $100,000,000 for formula grants 
to be administered through the Justice Department's Office for 
Victims of Crime to support State compensation and assistance 
programs for victims and survivors of domestic violence, sexual 
assault, child abuse, drunk driving, homicide, and other 
Federal and State crimes. The Committee directs the Department 
of Justice to obligate these funds by formula no later than 60 
days after enactment of this act.
    Tribal Law Enforcement Assistance.--The Committee 
recommends $300,000,000 for grants to assist American Indian 
and Alaska Native tribes in criminal justice efforts in tribal 
communities, specifically tribal law enforcement, courts, 
detention facilities, and substance abuse. Funds are to be 
distributed under the guidelines set forth by the following 
Office of Justice administered programs: The Indian Alcohol and 
Substance Abuse Program, Tribal Courts Assistance Program, and 
the Correctional Facilities on Tribal Lands Program. The 
Department is directed to report to the House and Senate 
Committees on Appropriations on the intended allocation of 
these funds within 60 days of enactment of this act.
    Internet Crimes Against Children [ICAC] Task Force 
Program.--The Committee recommends $50,000,000 to help State 
and local law enforcement agencies enhance their investigative 
response to offenders who use the Internet, online 
communication systems, or other computer technology to sexually 
exploit children. This help encompasses forensic and 
investigative and prosecutorial components, training and 
technical assistance, victim services, information technology 
and information sharing and community education. The Department 
is directed to report to the House and Senate Committees on 
Appropriations on the intended allocation of these funds within 
60 days of enactment of this act.

                  Community Oriented Policing Services

    COPS Hiring Grants.--The Committee recommends 
$1,000,000,000 for grants to State and local governments for 
the hiring of additional law enforcement officers. The bill 
waives the cap on the Federal contribution amount of $75,000 
over 3 years for salaries for hiring or rehiring a career law 
enforcement officer, as this cap is outdated and has not kept 
pace with cost-of-living increases. The Department is directed 
to report to the House and Senate Committees on Appropriations 
on the intended allocation of these funds within 60 days of 
enactment of this act.

                         Salaries and Expenses

    To achieve greater transparency, efficiency, and 
accountability in the management, administration, and oversight 
of the Justice Department grant programs, the Committee 
designates specific funds for the Salaries and Expenses account 
within State and Local Law Enforcement Assistance Activities to 
fund the management and administrative costs of the Justice 
Department grant programs. For this purpose, the Committee 
recommends $10,000,000 for management and administrative costs 
of such programs.

                                SCIENCE

             National Aeronautics and Space Administration

    The Committee recommends a total of $1,502,000,000 for the 
National Aeronautics and Space Administration [NASA]. NASA is 
one of the Nation's premier innovation agencies. Funding 
recommended for NASA is estimated to create over 10,000 jobs, 
including 8,000 high-tech jobs.
    NASA is directed to report to the Committees on 
Appropriations with the intended allocation of these funds no 
later than 60 days after enactment of this act.

                                SCIENCE

    The Committee recommends $500,000,000 for NASA science. 
Funding is recommended for critical Earth science missions, 
including to accelerate the highest priority Earth science 
missions as recommended by the National Academy of Sciences. 
These critical missions, each comprised of scientific sensors 
on free-flying spacecraft, will provide critical data about the 
Earth's resources and climate, including melting ice and 
greenhouse gases in the atmosphere.

                              AERONAUTICS

    The Committee recommends $250,000,000 for high-priority 
aeronautics activities, which are critical to U.S. 
competitiveness. Funding is recommended for research and 
testing of environmentally responsible aircraft to reduce 
emissions and pollutants from aircraft.

                              EXPLORATION

    The Committee recommends $500,000,000 for exploration. 
Funding is recommended to shorten the gap in time that the 
Nation does not have a U.S. vehicle to access space after the 
Space Shuttle is retired in 2010.

                          CROSS AGENCY SUPPORT

    The Committee recommends $250,000,000 for high-priority 
hurricane repair and mitigation, and facility repair projects. 
Funding is recommended to repair NASA facilities damaged by 
Hurricane Ike and to reduce the significant backlog of 
maintenance and repair projects at NASA facilities nationwide. 
Within the funds provided, $70,000,000 is to improve NASA's 
supercomputing capabilities.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $2,000,000 for the Office of 
Inspector General [OIG] for oversight and audit of funds 
provided by this act.

                      National Science Foundation

    The Committee recommends a total of $1,402,000,000 for the 
National Science Foundation [NSF]. This funding is critical to 
support valuable investments for America's competitiveness in 
research and technology, and is expected to create an estimated 
25,000 jobs. NSF is directed to provide a spend plan no later 
than 60 days after enactment of this act detailing the proposed 
use of these funds.

                    RESEARCH AND RELATED ACTIVITIES

    The Committee recommends $1,200,000,000 for Research and 
Related Activities which is intended to directly impact the 
research community and engage a workforce of scientists, 
technicians, engineers, and mathematicians, which will enhance 
and support the Nation's scientific innovation and economic 
competitiveness. NSF shall use these funds to support 
activities within all research disciplines.
    The Foundation is encouraged to renovate and maintain 
existing NSF facilities, including the University-National 
Oceanographic Laboratory System vessels and associated 
property. NSF shall also include $50,000,000 for supporting 
advancements in supercomputer technology.
    The Committee recommendation includes $200,000,000 for the 
Major Research Instrumentation [MRI] Program, including 
opportunities for ``mid-scale'' instrumentation whose capital 
costs are greater than $2,000,0000. NSF shall obligate up to 
$6,000,000 for maximum awards as authorized by section 7036(a) 
of Public Law 110-69. MRI increases access to shared scientific 
and engineering instruments for research and research training 
in our Nation's research institutions. This program especially 
seeks to expand the scope of research and research training in 
science and engineering by providing shared instrumentation 
that fosters the integration of research and education in 
research-intensive learning environments. Given the current 
economic climate, the Director is encouraged to explore cost-
sharing exceptions for MRI opportunities as authorized in 
section 7036(c)(2)(A) of Public Law 110-69.

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

    The Committee recommends $150,000,000 to support the 
acquisition, construction, and commissioning of approved major 
research facilities and equipment that provide unique 
capabilities at the frontiers of science and engineering.

                     EDUCATION AND HUMAN RESOURCES

    The Committee recommends $50,000,000 to support and improve 
science, technology, engineering, and mathematics [STEM] 
education opportunities. Creating a strong science and 
engineering workforce for the future is essential to 
maintaining the Nation's competitive edge. NSF shall provide 
funding for course, curriculum, and laboratory improvement 
which will improve the quality of STEM education for all 
undergraduate students.
    The Committee recommendation provides $15,000,000 for 
Professional Master's Science Programs throughout the country 
as authorized by section 7034 of Public Law 110-69. These 
graduate programs, which exist through partnerships between 
universities and industry, allow students to receive advanced 
degrees in STEM-related fields while simultaneously providing 
coursework in law, communications, policy and other workplace 
skills preparing students with careers in business, government, 
and nonprofit organizations.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $2,000,000 for the Office of 
Inspector General [OIG] for oversight and audit of grants, 
contracts, and programs funded under this act.

                     GENERAL PROVISIONS--THIS TITLE

    The Committee recommends the following general provisions:
    Sec. 201. Establishes the Broadband Technology 
Opportunities Program.
    Sec. 202. Modifies authorities of the NTIA Administrator to 
cancel and re-issue expired coupons under the Digital-to-Analog 
Converter Box Program.

                    TITLE III--DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                   Operation and Maintenance Overview

    Facility Infrastructure Investments, Defense.--The bill 
provides an additional $2,984,000,000 for Facilities 
Sustainment, Restoration and Modernization. Funds shall be used 
to invest in energy efficiency projects and to improve the 
repair and modernization of Department of Defense facilities in 
the Continental United States, Alaska, and Hawaii. The 
Department of Defense shall provide a written report to the 
Committee no later than 60 days after the passage of this act 
with a project listing of how these funds will be obligated. 
The Committee provides the following for Facilities 
Sustainment, Restoration and Modernization:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                      Appropriation                       recommendation
------------------------------------------------------------------------
Operation and Maintenance, Army.........................       1,069,291
Operation and Maintenance, Navy.........................         531,843
Operation and Maintenance, Marine Corps.................          92,167
Operation and Maintenance, Air Force....................         887,113
Operation and Maintenance, Army Reserve.................          79,543
Operation and Maintenance, Navy Reserve.................          44,586
Operation and Maintenance, Marine Corps Reserve.........          32,304
Operation and Maintenance, Air Force Reserve............          10,674
Operation and Maintenance, Army National Guard..........         215,557
Operation and Maintenance, Air National Guard...........          20,922
------------------------------------------------------------------------

    Alternative Energy Vehicles.--The bill provides an 
additional $200,000,000 in Operation and Maintenance to the 
Army, Navy, Air Force and Marine Corps for the lease of 
alternative energy vehicles for use in support functions on 
military installations consistent with the Defense Department's 
energy objectives. The Department of Defense shall provide a 
written report to the Committee no later than 60 days after the 
passage of this act detailing the execution plan for these 
funds. The Committee provides the following for the lease of 
alternative energy vehicles:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                     Appropriation                        recommendation
------------------------------------------------------------------------
Operation and Maintenance, Army........................          100,000
Operation and Maintenance, Navy........................           40,000
Operation and Maintenance, Air Force...................           40,000
Operation and Maintenance, Marine Corps................           20,000
------------------------------------------------------------------------

                              PROCUREMENT

                    Defense Production Act Purchases

    Alternative Vehicle Technologies.--The bill provides an 
additional $100,000,000 in Defense Production Act Purchases for 
lithium ion batteries, robotics, fuel cells and other 
alternative technologies for next generation vehicles that 
address the military's higher power and energy needs, to 
include exportable power and reduced fuel consumption. The 
Department of Defense shall provide a written report to the 
Committee no later than 60 days after the passage of this act 
with a project listing of how these funds will be obligated.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

        Research, Development, Test and Evaluation, Defense-Wide

    Manufacturing Technology Program.--The bill provides an 
additional $200,000,000 in Research, Development, Test and 
Evaluation, Defense-Wide for rapid technology transitions and 
the demonstration of energy efficiency technologies for use by 
operational forces and military installations, to include fuel 
cell and solar cell demonstrations and energy efficient 
manufacturing enhancements for the defense industrial base. The 
Department of Defense shall provide a written report to the 
Committee no later than 60 days after the passage of this act 
with a project listing of how these funds will be obligated.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    Facility Infrastructure Investments, Defense Health 
Program.--The bill provides an additional $250,000,000 for 
Facilities Sustainment, Restoration and Modernization. Of these 
funds, $130,000,000 shall be for the Army and $120,000,000 
shall be for the Air Force. Funds shall be used to invest in 
energy efficiency projects and to improve the repair and 
modernization of Defense Health facilities in the Continental 
United States, Alaska and Hawaii. The Army and the Air Force 
shall provide written reports to the Committee no later than 60 
days after the passage of this act with a project listing of 
how and when these funds will be obligated.

                    Office of the Inspector General

    Office of the Inspector General.--The bill provides an 
additional $12,000,000, all of which shall be used for 
operation and maintenance. The increase will allow the 
Department of Defense Inspector General to provide additional 
oversight of contracted services for Department of Defense 
programs to include military construction.

                 TITLE IV--ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

                              INTRODUCTION

    The Committee recommends $4,600,000,000 under this heading 
to accelerate ongoing work within the Corps. The Committee 
recognizes that the programs, projects and activities of the 
Corps of Engineers provide positive economic benefits to the 
Nation through reduction of flood and storm damages, 
transportation savings, and environmental restoration. It is 
estimated that a program of this magnitude will create 139,000 
jobs nationwide, directly creating almost 37,000 new private 
sector jobs with the average income for workers in these jobs 
between $38,000 and $42,500. 102,000 new jobs are estimated to 
be created in industries supplying the construction and O&M 
activities and the industries that sell goods and services to 
these new workers and their families.
    The Committee has granted extraordinary discretion to the 
administration in determining how the funds provided in this 
act should be expended. The Committee believes the Corps should 
consider the following criteria when allocating these funds.
    Funds should be allocated to:
    (a) Programs, projects, or activities that can be 
obligated/executed quickly.
    (b) Programs, projects, or activities that will result in 
high, immediate employment.
    (c) Programs, projects, or activities that have little 
schedule risk.
    (d) Programs, projects, or activities that will be executed 
by contract or direct hire of temporary labor.
    (e) Programs, projects, or activities that will complete 
either a project phase, a project, or will provide a useful 
service that does not require additional funding.
    (f) Programs, projects, or activities that do not duplicate 
any work budgeted in fiscal year 2009, or likely to be budgeted 
in fiscal year 2010 or fiscal year 2011.
    For projects that have approximately equivalent impacts on 
labor or economic stimulus the Corps should also consider other 
benefits such as long-term economic benefit, environmental 
value, risk to life or property and project support to 
sustainable energy independence.
    The Committee provides a number of provisions in the 
various accounts of the Corps to try to expedite the obligation 
and expenditure of the funds provided by this act. The 
Committee directs that no new programs, projects, or activities 
may be initiated by the Corps with these funds. There is 
sufficient backlog of on-going work to fund without undertaking 
newly authorized work. The Committee also directs that work 
funded by this act not create out-year budget obligations. The 
recommended funds are additional Corps of Engineers capability 
above the Corps' budget request for fiscal year 2009 and likely 
to be budgeted in fiscal year 2010. Appropriation of these 
funds should not impact the planned fiscal year 2010 or 2011 
administration budget request. The Committee recognizes that 
while contract funds may be obligated within the timeframe of 
this act, contract administration of those contracts may extend 
beyond the timeframe of this act. Therefore, the Committee 
includes a provision that allows for use of expired funds 
provided by this act to be utilized for contract administration 
activities. The Committee has also waived normal reprogramming 
restrictions.
    The Committee believes that the recommendations and the 
direction provided in this act will assist the Corps in 
maximizing fund utilization and job creation while providing 
tangible water resources infrastructure that will continue to 
benefit the Nation's economy.

                             INVESTIGATIONS

    The Committee recommends $25,000,000 to fund studies to 
determine the need, engineering feasibility, economic 
justification, and the environmental and social suitability of 
solutions to water and related land resource problems; and for 
preconstruction engineering and design work, data collection, 
and interagency coordination and research activities.
    The Committee recommends that these funds be used to 
accelerate high priority flood control, storm damage reduction, 
navigation, and environmental restoration studies. The 
Committee recommends that priority in allocating these funds 
should be towards completing on-going studies or for 
accelerating studies of areas that have suffered recent natural 
disasters.

                              CONSTRUCTION

    The Committee recommends $2,000,000,000 to fund 
construction, major rehabilitation and related activities for 
water resources development projects having navigation, flood 
and storm damage reduction, water supply, hydroelectric, 
environmental restoration, and other attendant benefits to the 
Nation. Funds to be derived from the Harbor Maintenance Trust 
Fund will be applied to cover the Federal share of the Dredged 
Material Disposal Facilities Program.
    The Committee recommends a number of provisions to assist 
in expediting obligation and expenditure of funds provided by 
this act. Due to the amount of funding provided in this act 
under this heading and the shortage of funding in the Inland 
Waterway Trust Fund, the Committee includes direction that no 
funds be drawn from the Inland Waterway Trust Fund for 
programs, projects or activities funded by this act. Also, due 
to the amount of funding provided, the Committee waives the 
requirements of section 902 of Public Law 99-662 for fiscal 
year 2009. This will allow section 902 issues that are 
identified in fiscal year 2009 to be addressed by the 
appropriate legislative vehicle. The Committee has directed 
that not less than $200,000,000 be provided for environmental 
infrastructure assistance. Most of these funds are reimbursable 
funds for work undertaken by local sponsors. Consequently, for 
the funds provided in this act under this heading the Committee 
waives the per-year cap on reimbursements that the Corps can 
provide in a fiscal year. To address the backlog of underfunded 
projects in the Continuing Authorities Program [CAP] queue, the 
Committee waives the per-year caps on section 14, 205, 206, and 
1135 of the CAP.
    The Committee is not recommending funding of specific 
projects in this act. However, the Committee has had extensive 
consultations with the Corps concerning how the funds provided 
under this heading could be used in broad program categories. 
The Committee recommends, as a general guideline, that the 
$2,000,000,000 provided be expended as follows: $500,000,000 
for major rehabilitation of inland waterway locks and dams; 
$200,000,000 for dam safety/scour repair/seepage stability 
correction projects; $200,000,000 for other deep-draft and 
coastal navigation projects; $400,000,000 for flood control and 
storm damage reduction projects; $150,000,000 for CAP projects; 
$100,000,000 for major rehabilitation work of Corps owned 
hydropower units; $250,000,000 for environmental restoration 
projects and $200,000,000 for environmental infrastructure 
assistance. This delineation was developed from capability 
amounts expressed by the Corps--not from any project listing.

                   MISSISSIPPI RIVER AND TRIBUTARIES

    The Committee recommends $500,000,000 for planning, 
construction, and operation and maintenance activities 
associated with water resource projects for Mississippi River 
and Tributaries projects. The Committee is not recommending 
funding of specific projects in this act. However, after 
consulting with the Corps, the Committee recommends as a 
general guide that $100,000,000 of the funds provided under 
this heading be used for Mississippi River and Tributaries 
maintenance and $400,000,000 be used for investigation and 
construction activities related to flood control, navigation, 
and environmental restoration activities along both the main 
stream and the tributaries of the Mississippi River.

                       OPERATION AND MAINTENANCE

    The Committee recommends $1,900,000,000 for operation, 
maintenance, and related activities at the water resources 
projects that the Corps operates and maintains. Work to be 
accomplished consists of dredging, repair, and operation of 
structures and other facilities, as authorized in the various 
River and Harbor, Flood Control, and Water Resources 
Development Acts. Related activities include aquatic plant 
control, monitoring of completed projects where appropriate, 
removal of sunken vessels, and the collection of domestic 
waterborne commerce statistics.
    The Committee is concerned about the lack of information 
available about the integrity and stability of our Nations' 
flood control infrastructure, particularly after the 
devastating effects that were graphically demonstrated by the 
levee failures associated with Hurricane Katrina. As a result 
of Hurricane Katrina, the Corps initiated a program to 
inventory, inspect and evaluate levees nationwide. This program 
was memorialized in section 9004 of Public Law 110-114. The 
program has been woefully underfunded so the Committee has 
directed that $90,000,000 of the funds provided under this 
heading should be utilized for this purpose. The Committee has 
also provided direction that the per-year funding limit on this 
program be waived for funds provided in this act.
    The Committee is not recommending funding of specific 
projects in this act. However, the Committee has had extensive 
consultations with the Corps concerning how the funds provided 
under this heading could be used in broad program categories. 
The Committee recommends, as a general guideline, that the 
$1,900,000,000 provided be expended as follows: $1,000,000,000 
for dredging Federal harbors and waterways to authorized widths 
and depths; $600,000,000 for major maintenance of flood 
control, navigation, and public use facilities; $100,000,000 
for major maintenance of Corps owned hydropower plants; 
$110,000,000 for environmental and cultural stewardship 
activities at Corps facilities; and $90,000,000 for the levee 
inventory and inspection program. This delineation was 
developed from capability amounts expressed by the Corps--not 
from any project listing.

                               REGULATORY

    The Committee recommends $25,000,000 for additional 
regulatory activities required for the work funded in this act.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

    The Committee recommends $100,000,000 for activities 
related to the Formerly Utilized Sites Remedial Action Program 
[FUSRAP]. The Corps is directed to prioritize this funding for 
sites that are nearing completion.

                 FLOOD CONTROL AND COASTAL EMERGENCIES

    The Committee recommends $50,000,000 under this heading to 
be used for advance measures and pre-placement of materials and 
equipment for emergency operations and for other purposes as 
authorized by law.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      WATER AND RELATED RESOURCES

    The Committee recommends $1,400,000,000 to support the 
development, management, and restoration of water and related 
natural resources in the 17 Western States. Additionally the 
funds are for operating and maintaining existing facilities to 
obtain the greatest overall level of benefits, to protect 
public safety, and to conduct studies on ways to improve the 
use of water and related natural resources. The work is to be 
done in partnership and cooperation with non-Federal entities 
and other Federal agencies. The Committee recognizes that the 
programs, projects, and activities of the Bureau of Reclamation 
provide positive economic benefits to the Nation through their 
mission of providing water and power to the West. It is 
estimated that a program of this magnitude under this heading 
will create 42,500 jobs nationwide, directly creating almost 
11,500 new private sector jobs. 31,000 new jobs are estimated 
to be created in industries supplying the funded activities and 
the industries that sell goods and services to these new 
workers and their families.
    The Committee has granted extraordinary discretion to the 
administration in determining how the funds provided in this 
act should be expended. The Committee believes the Reclamation 
should consider the following criteria when allocating these 
funds.
    Funds should be allocated to:
    (a) Programs, projects, or activities that can be 
obligated/executed quickly.
    (b) Programs, projects, or activities that will result in 
high, immediate employment.
    (c) Programs, projects, or activities that have little 
schedule risk.
    (d) Programs, projects, or activities that will be executed 
by contract or direct hire of temporary labor.
    (e) Programs, projects, or activities that will complete 
either a project phase, a project, or will provide a useful 
service that does not require additional funding.
    (f) Programs, projects, or activities that do not duplicate 
any work budgeted in fiscal year 2009, or likely to be budgeted 
in fiscal year 2010 or fiscal year 2011.
    For projects that have approximately equivalent impacts on 
labor or economic stimulus Reclamation should also consider 
other benefits such as long-term economic benefit, 
environmental value, risk to life or property, and project 
support to sustainable energy independence.
    The Committee provides a number of provisions to expedite 
the obligation and expenditure of the funds provided under this 
heading by this act. The Committee directs that no new 
programs, projects, or activities may be initiated by the 
Bureau of Reclamation with these funds. There is sufficient 
backlog of on-going work to fund without undertaking newly 
authorized work. The Committee also directs that work funded by 
this act not create out-year budget obligations. The 
recommended funds are additional Bureau of Reclamation 
capability above Reclamation's budget request for fiscal year 
2009 and likely to be budgeted in fiscal year 2010. 
Appropriation of these funds should not impact the planned 
fiscal year 2010 or 2011 administration budget request. The 
Committee recognizes that while contract funds may be obligated 
within the timeframe of this act, contract administration of 
those contracts may extend beyond the timeframe of this act. 
Therefore, the Committee includes a provision that allows for 
use of expired funds provided by this act to be utilized for 
contract administration activities. The Committee has also 
waived normal reprogramming restrictions.
    The Committee has directed funding to several program 
categories within this account. $50,000,000 may be transferred 
to the Department of the Interior for programs, projects or 
activities to be undertaken under the authority of the Central 
Utah Project Completion Act. $50,000,000 may be directed to 
programs, projects and activities to be undertaken under the 
authority of the California Bay-Delta Restoration Act. Due to 
recent canal failures resulting in flooding homes and property 
in urban areas, the Committee directs $10,000,000 for a bureau-
wide inspection of canals program. The Committee recommends 
that $60,000,000 be used for intake and water treatment 
facilities on rural water projects. The Committee directs that 
$110,000,000 be used for water reclamation and reuse projects 
authorized under title 16 of Public Law 102-575. Finally, the 
Committee has included direction allowing the Commissioner to 
establish needs-based criteria for allowing extended repayment 
for maintenance and rehabilitation activities carried out on 
Reclamation-owned infrastructure with funds provided in this 
act.
    The Committee believes that it is prudent of Reclamation to 
consider the environmental benefits when allocating the funds 
under this heading. Examples of this might include improving 
the efficiency of water delivery systems to provide water for 
environmental purposes, modifications to facilities to promote 
fish passage, removal of unused or derelict facilities, 
consolidation of irrigation or other diversions to provide 
environmental benefit, and for restoration of riparian habitats 
to meet endangered species or other environmental goals.
    The Committee believes that the recommendations and the 
direction provided in this act will assist the Bureau of 
Reclamation in maximizing fund utilization and job creation 
while providing tangible water resources infrastructure that 
will continue to benefit the Nation's economy.
    The Committee is not recommending funding of specific 
projects in this act. However, the Committee has had extensive 
consultations with the Bureau of Reclamation how the funds 
provided under this heading could be used in broad program 
categories. The Committee recommends, as a general guideline, 
that the $1,400,000,000 provided be expended as follows: 
$10,000,000 for an inventory and evaluation of existing 
infrastructure focused on canals that could potentially impact 
population centers; $235,000,000 for maintenance or replacement 
of Reclamation-owned and operated infrastructure; $25,000,000 
for drought preparation and emergency response activities; 
$20,000,000 for improving energy efficiency at Reclamation 
owned facilities and for Reclamation-owned and operated 
hydropower maintenance and rehabilitation; $300,000,000 for 
tribal and non-tribal rural water project construction; 
$110,000,000 for water reclamation and reuse projects; 
$500,000,000 for construction of water delivery projects, 
including CUPCA activities, fish screens, dam safety, CALFED 
activities, etc; and $200,000,000 for major rehabilitation of 
Reclamation owned water resource infrastructure that has 
deteriorated as a result of reaching its design life or other 
factors. This delineation was developed from capability amounts 
expressed by Reclamation--not from any project listing.

                          DEPARTMENT OF ENERGY

                            Energy Programs

                 ENERGY EFFICIENCY AND RENEWABLE ENERGY

    The Committee provides $14,398,000,000 for a number of 
Energy Efficiency and Renewable Energy activities.
    A total of $2,000,000,000 is provided for grants for the 
manufacturing of advanced batteries and components. 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.
    An additional $2,648,000,000 shall be available for 
expenses necessary for energy efficiency and renewable energy 
research, development, demonstration and deployment activities 
to accelerate the development of technologies that will 
diversify the Nation's energy portfolio and contribute to a 
reliable, domestic energy supply. The Department is encouraged 
to fund the energy-intensive industries program authorized in 
section 452 of Public Law 110-140, including carrying out 
industrial energy efficiency and sustainability assessments 
through the Department of Energy's Industrial Assessment 
Centers. The Committee provides $50,000,000 within the 
available funds for the Department to increase the efficiency 
of information and communications technology and identify goals 
and standards for efficiency standards for improving standards 
for computational information and communications technology. 
The Department is also encouraged to fund section 633 of Public 
Law 110-140 and section 625 of Public Law 110-140.
    The Committee suggests $350,000,000 for grants to implement 
section 721 of the Energy Policy Act of 2005 for acquisition 
and alternative fuel or fuel-cell vehicles, especially for 
transportation purposes.
    The Committee suggests $200,000,000 for grants to States 
under section 131 of the Energy Independence and Security Act 
of 2007 to plan, develop, and demonstrate electrical 
infrastructure projects that encourage the use of plug-in 
electric drive vehicles and for near-term, large-scale 
electrification projects aimed at the transportation sector.
    $4,200,000,000 is provided 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. Of the total, 
$2,100,000,000 is available for award using the existing 
formula in subtitle E. The remaining $2,100,000,000 is to be 
competitively awarded to grantees from States that have adopted 
the most recent building code standards, as well as meet the 
other requirements of this bill and the Energy Independence and 
Security Act of 2007.
    The State Energy Programs are provided $500,000,000.
    $1,600,000,000 is provided to implement section 399A of the 
Energy Policy and Conservation Act (42 U.S.C. 6341) for grants 
to be made available to schools and hospitals, which are 
significant users of energy.
    $2,900,000,000 shall be available for the Weatherization 
Assistance Program. Changes contained in the General Provisions 
amend the income level percentage formula for determining the 
eligibility, increases the assistance level per dwelling unit, 
and increases the funding ceiling for worker training.

              Electricity Delivery and Energy Reliability

    The Committee provides $4,500,000,000 for expenses 
necessary for electricity delivery and energy reliability 
activities to modernize the electric grid, enhance security and 
reliability of the energy infrastructure, energy storage 
research, development, demonstration and deployment, and 
facilitate recovery from disruptions to the energy supply, and 
for implementation of programs authorized under title XIII of 
the Energy Independence and Security Act of 2007. The Committee 
directs the Department to provide no less than $200,000,000 to 
support energy storage technologies to improve the renewable 
integration, load management, and reliability and no less than 
$100,000,000 to improve cyber security capabilities. Within the 
appropriation, $100,000,000 shall be used for worker training.

                 Fossil Energy Research and Development

    The Committee provides an additional $4,600,000,000, to 
remain available for projects awarded by September 30, 2010. Of 
the amounts appropriated, $2,000,000,000 is available for one 
or more near-zero emissions powerplant(s) designed to capture 
and sequester a high percentage of carbon dioxide.
    Of the amounts appropriated, $1,000,000,000 is available, 
in addition to amounts appropriated in the fiscal year 2009 
spending bill and such other amounts available from prior 
appropriations, for selections under the Department's Clean 
Coal Power Initiative Round III Funding Opportunity 
Announcement. The Department is encouraged to establish a 
second closing date on or after April 1, 2009 for the receipt 
of new or modified applications. Notwithstanding the mandatory 
eligibility requirements of the Funding Opportunity 
Announcement, the Committee finds that projects using petroleum 
coke as a fuel may directly lead to improvements in technology 
applicable to coal-based systems and is consistent with program 
objectives. Therefore, language is included in the bill 
directing the Department to consider applications that utilize 
petroleum coke for some or all of the project's fuel input.
    Of the amounts appropriated, $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. Such projects may include plant 
efficiency improvements for integration with carbon capture 
technology. Preferences will be given to projects that capture 
and sequester at least 75 percent of the carbon dioxide that 
would otherwise be emitted to the atmosphere or put such carbon 
dioxide to beneficial reuse that provides an equivalent net 
reduction of carbon emissions to the atmosphere.
    Of the amounts appropriated, $50,000,000 is available for a 
competitive solicitation pursuant to section 702(c)(3)(B) of 
Public Law 110-140 to conduct site characterization for a 
minimum of 10 candidate geologic sequestration formations. The 
Secretary may provide awards to project recipients previously 
provided funding for large-scale testing by the Department of 
Energy. Preference should be given to qualifying projects which 
include a private-public partnership with State Geological 
Surveys, and have storage sites near high point sources of 
carbon dioxide emissions.
    $20,000,000 is available to carry out the geologic 
sequestration training and research grant program authorized in 
section 705(b) of Public Law 110-140, and $10,000,000 is 
available for program direction funding. The Committee 
recognizes the broad sequestration experience resident in the 
Office of Fossil Energy.

                   Non-Defense Environmental Cleanup

    An additional $483,000,000 is provided. The funding should 
be applied to projects of limited duration at the various 
cleanup sites for which the objective is primarily to decrease 
the overall site footprint and reduce recurring annual costs.

      Uranium Enrichment Decontamination and Decommissioning Fund

    An additional $390,000,000 is provided. The funding should 
be applied to projects of limited duration at the various 
cleanup sites for which the objective is primarily to decrease 
the overall site footprint and reduce recurring annual costs. 
Within the available funds, $70,000,000 is provided for the 
title X uranium and thorium program.

                                Science

    The Committee provides $430,000,000 for the Science 
Program. Of the total, $330,000,000 is for laboratory 
infrastructure and construction, and $100,000,000 is for 
advanced computer research and development.

         Title 17--Innovative Technology Loan Guarantee Program

    The Committee provides an additional $9,500,000,000, to 
remain available until expended for loan guarantees to standard 
renewable projects such as wind or solar projects and for 
electricity transmission projects. From within the available 
funds, up to $15,000,000 may be used to cover administrative 
expenses in carrying out the guaranteed loan program. A General 
Provision permits the Secretary to temporarily make loans for 
renewable and transmission projects that are based on 
commercially available technology, a category of projects not 
included in the original statute. The Committee also recommends 
an additional $50,000,000,000 to support the deployment of 
eligible technologies under the Section 1702(b)(2) of EPACT 
2005 that will contribute to transforming the energy sector. 
This funding will add to the existing loan guarantee authority 
provided in other appropriations bills to support self-financed 
loan guarantees. The Committee is aware of the strong interest 
in the program and the large number of pending applications.

                    Office of the Inspector General

    The Committee recommends $5,000,000, to remain available 
until expended, for necessary expenses of the Office of the 
Inspector General in carrying out the provisions of the 
Inspector General Act of 1978, as amended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           WEAPONS ACTIVITIES

    The Committee provides $1,000,000,000, of which 
$900,000,000 is to be applied to address maintenance and 
general plant project backlogs, other construction activities, 
and various energy projects throughout the weapons complex. The 
remaining $100,000,000 is for advanced computer research and 
development.

               Environmental and Other Defense Activities

                     DEFENSE ENVIRONMENTAL CLEANUP

    An additional $5,527,000,000 is provided. The funding 
should be applied to projects of limited duration at the 
various cleanup sites for which the objective is primarily to 
decrease the overall site footprint and reduce recurring annual 
costs.

Construction, Rehabilitation, Operation, and Maintenance, Western Area 
                          Power Administration

    The Committee recommends $10,000,000, to remain available 
until expended, for start-up expenses incurred in implementing 
the authority granted by section 402 of this act. This 
appropriation is non-reimbursable.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 401. Increases Bonneville Power Administration 
borrowing authority ceiling by $3,250,000,000.
    Sec. 402. Increases Western Area Power Administration 
borrowing authority ceiling by $3,250,000,000.
    Sec. 403. Amendments to title XIII of EISA to 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.
    Sec. 404. Amendment to title XVII of EISA for a Temporary 
Stimulus Loan Guarantee Program to create a temporary program 
for the rapid deployment of renewable energy and electric power 
transmission projects.
    Sec. 405. Amends the Weatherization Assistance Program for 
the income level percentage formula for determining and 
expanding the eligibility of this program, increases the 
funding assistance level per dwelling unit, and increases the 
funding ceiling for worker training.
    Sec. 406. To redesignate two paragraphs of the Public 
Utility Regulatory Policies Act of 1978 related to smart grid 
investment and information requirements.

           TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

   Community Development Financial Institutions Fund Program Account

    The Committee recommends $250,000,000 for the Community 
Development Financial Institutions Fund. Of the recommended 
funds, up to $20,000,000 is for technical assistance and other 
purposes for Native American, Native Hawaiian, and Alaskan 
Native communities and up to $5,000,000 is for administrative 
costs. The Committee directs that no later than 60 days after 
enactment of this act, the Department of Treasury submit a 
detailed expenditure plan to the Committees on Appropriations 
of House of Representatives and the Senate for funds provided 
under this heading.
    Funding awards will immediately provide capital to new and 
existing qualified community development financial institutions 
[CDFIs] to invest in the development of underserved communities 
through grants, loans, equity investments, deposits, and 
technical assistance grants through the CDFI program. CDFIs 
include community development banks, credit unions, venture 
capital funds, revolving loan funds, and microloan funds, among 
others. Recipient institutions engage in lending and investment 
for affordable housing, small business, and community 
development within underserved communities.

                          DISTRICT OF COLUMBIA

                            Federal Payments

 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

    The Committee recommends a Federal payment of $125,000,000, 
to be matched with 100 percent local funds to continue 
implementation of the Combined Sewer Overflow [CSO] Long-Term 
Control Plan, a $2,200,000,000, 20-year sewer construction 
program. The Committee directs that no later than 60 days after 
enactment of this act, the District of Columbia Water and Sewer 
Authority submit a detailed expenditure plan to the Committees 
on Appropriations of House of Representatives and the Senate. 
The Committee further directs that such spending 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. The Committee 
expects ratepayers to bear half of the costs of the projects.
    Approximately one-third of the District of Columbia is 
served by a combined sewer system, constructed by the Federal 
Government in 1890, in which both sanitary waste and storm 
water flow through the same pipes. When the collection system 
or the Blue Plains treatment plant reach capacity, typically 
during periods of heavy rainfall, the system is designed to 
overflow the excess water. This mixture of sewage and storm 
water runoff is discharged to the Anacostia and Potomac Rivers, 
Rock Creek, and tributary waters between 60 and 75 times each 
year. Under a judicial consent decree, the District of Columbia 
Water and Sewer Authority [WASA] embarked on a 20-year, 
$2,200,000,000 sewer construction program to reduce combined 
sewer overflows [CSOs]. The program includes deep underground 
storage tunnels, side tunnels to reduce flooding, pump station 
rehabilitation, and the elimination of over a dozen CSO 
outfalls along the Potomac and Anacostia Rivers and Rock Creek. 
When completed in 2025, this project is expected to vastly 
improve water quality and significantly reduce debris in our 
Nation's capital waterways.
    The District of Columbia Water and Sewer Authority [WASA] 
has identified three dozen specific near-term activities of 
either an engineering (design/program management) or 
construction nature that would create potentially as many as 
260 jobs in the District of Columbia and permit considerable 
progress to be made on critical sewer infrastructure 
improvements.
    The Committee recommends this significant investment 
because of the Federal Government's role in building the 
original system and its responsibility to maintain the 
infrastructure that the Federal Government uses. The scale and 
cost of this project exemplifies how critical infrastructure, 
starved over the years, is now nearly non-functional.

                    GENERAL SERVICES ADMINISTRATION

                        Real Property Activities

                         FEDERAL BUILDINGS FUND

                 LIMITATION ON AVAILABILITY OF REVENUE

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends an appropriation of $9,048,000,000 
to the Federal Buildings Fund. The funding level provides for 
construction and acquisition, and repairs and alterations of 
Federal buildings and United States courthouses, and border 
stations (land ports of entry). Of this amount, $1,400,000,000 
is for construction and repair of Federal buildings and 
courthouses and $1,200,000,000 is for construction and repair 
of border stations. Funds are also made available under title 
VI through the Department of Homeland Security for construction 
and repair of land border ports of entry.
    Funding is also provided for measures necessary to 
implement the Energy Independence and Security Act of 2007 
[EISA] (Public Law 110-140) in Government-owned and leased 
facilities under the control of the General Services 
Administration [GSA]. With the $6,000,000,000 provided, GSA is 
directed to use green technology to address the backlog of 
$8,400,000,000 of repair projects. In addition, the Committee 
recommends $4,000,000 and nine FTE to formally establish the 
Office of Federal High-Performance Green Buildings, as 
authorized by the Energy Independence and Security Act [EISA] 
of 2007 (Public Law 110-140). The new office will enhance GSA's 
ability to develop high-performance green building standards 
for all types of Federal facilities, establish green practices, 
and identify a certification system for Federal green 
buildings.
    Contract award for construction and repair projects is 
expected within 120 days so that work can be undertaken as 
expeditiously as possible.
    GSA is directed to submit an expenditure plan to the 
Committees on Appropriations of the House of Representatives 
and the Senate within 60 days after the enactment of this act. 
The expenditure plan shall identify each prospectus-level 
construction and acquisition or repairs and alterations project 
to be funded by the amounts provided in this section. For each 
project, the plan shall identify total project cost, the total 
amount to be obligated from funds provided in this section, and 
the expected year of obligation. The plan shall address the 
highest priorities of the administration in the areas of 
Federal buildings and United States courthouses, border 
stations, and ``green'' buildings. GSA is further directed to 
provide an update on the status of the projects, use of funds, 
and next steps, to the House of Representatives and Senate 
Appropriations Committees no later than 150 days after the 
enactment of this act.
    Within the aggregate amounts provided for Federal buildings 
and courthouses, GSA may allocate an additional amount for 
leasing of temporary space, up to an aggregate amount of 
$108,000,000. Within the aggregate amounts provided for Federal 
buildings and United States courthouses, border stations, and 
green buildings, GSA may allocate up to an aggregate amount of 
$206,000,000 for the administrative costs of completing 
projects funded in this act. GSA may provide for the expenses 
associated with temporary displacement of tenants of Federal 
buildings undergoing repairs and alterations, to the extent 
necessary, from funds made available for ``Repairs and 
Alterations'' and ``Building Operations'' under this and 
previous acts. However, where possible, tenant agencies are 
expected to request funding for their costs through the annual 
appropriations process.
    For consolidation of the Department of Homeland Security 
headquarters, the Committee recommends $448,000,000 for 
construction and development. Funds are also made available 
under title VI through the Department of Homeland Security for 
this purpose.

        Energy-Efficient Federal Motor Vehicle Fleet Procurement

    The Committee recommends an appropriation of $600,000,000 
to the General Services Administration's Federal Acquisition 
Service for the acquisition of high-efficiency motor vehicles 
for the Federal motor vehicle fleet. The funding level provides 
for the acquisition of motor vehicles with higher fuel economy, 
including hybrid vehicles, neighborhood electric vehicles, 
electric vehicles, and plug-in hybrid vehicles, as well as for 
infrastructure and alterations to Federal buildings necessary 
to support the motor vehicles, including charging stations. 
Each vehicle purchased must have a higher combined fuel 
economy, as measured by EPA, than the vehicle being replaced 
and the overall government-purchased vehicles must have an 
improved fuel economy at least 10 percent greater than the 
vehicles being replaced.
    Motor vehicles acquired through this act may be used for 
the GSA motor vehicle fleet, or may be transferred to other 
Federal agencies. Funds provided are not to be used to expand 
the Federal fleet and, if GSA transfers vehicles acquired 
through this act to other Federal agencies, the Committee 
directs the Administrator of General Services to ensure that 
those agencies return less efficient vehicles to GSA for 
disposal on at least a one-for-one basis.
    The Committee expects that the funds provided for Federal 
motor vehicle fleet procurement will help to stimulate the 
market for high-efficiency motor vehicles and will increase the 
fuel efficiency and reduce carbon emissions of the Federal 
motor vehicle fleet. The Committee remains hopeful that 
domestically produced, plug-in hybrid-electric vehicles will be 
commercially available in sufficient quantities before 
September 30, 2010, such that these funds could be used to 
acquire this technology for the Federal fleet.
    The Administrator of General Services is directed to submit 
a status report to the Committees on Appropriations of the 
House of Representatives and the Senate no later than 150 days 
after the enactment of this act on the types of vehicles 
purchased, the fuel efficiency gained, the agencies receiving 
transferred funds, and future plans.

                      Office of Inspector General

    The Committee recommends $2,000,000 for the Office of 
Inspector General for oversight and audits of programs funded 
in this act.

           RECOVERY ACT ACCOUNTABILITY AND TRANSPARENCY BOARD

    The Committee recommends $7,000,000 for the Recovery Act 
Accountability and Transparency Board established in title XVI 
of this act. The Committee directs that funding shall be 
transferred as necessary to the Recovery Independent Advisory 
Panel, the Office of Management and Budget, and the General 
Services Administration as authorized in title XV of this act. 
Funding will support operating expenses, including information 
technology investments, to support activities related to 
accountability, transparency, and oversight of spending under 
this act.

                     SMALL BUSINESS ADMINISTRATION

                         Salaries and Expenses

    The Committee recommends $84,000,000, of which $24,000,000 
is for technical assistance under the Microloan program, 
$15,000,000 is for lender oversight activities, and $20,000,000 
is for improving, streamlining, and automating information 
technology systems related to lender processes and lender 
oversight. The Committee directs that remaining funds shall be 
used for necessary expenses for implementing changes to loan 
programs made under this act and for enhanced lender oversight 
and credit risk management activities. The Committee directs 
that no later than 60 days after enactment of this act, the 
Small Business Administration submit a detailed expenditure 
plan for funds provided in this act for the Small Business 
Administration to the Committees on Appropriations of House of 
Representatives and the Senate.

                      Office of Inspector General

    The Committee recommends $10,000,000 for the Office of 
Inspector General for oversight and audits of programs funded 
in this act.

                 Surety Bond Guarantees Revolving Fund

    The Committee recommends $15,000,000 for surety bond 
guarantees.

                     Business Loans Program Account

    The Committee recommends $615,000,000 in subsidy 
appropriations for guaranteed loans, including $515,000,000 for 
the 7(a) general business guaranteed loan program to fund a 
temporary elimination of lender and borrower fees and 
$100,000,000 to fund a temporary elimination of certain lender 
and borrower fees under the 504 guaranteed loan program. The 
Committee is concerned that small businesses maintain adequate 
access to loans as the market for credit continues to tighten. 
In October 2008, a Federal Reserve Board survey showed that 75 
percent of domestic institutions reported tightening lending 
standards to small businesses, up from just one-tenth reported 
12 months earlier. Data from the Small Business Administration 
shows that loan volume guaranteed under the 7(a) and 504 
programs in 2008 fell far short of the 2007 volume and that the 
2009 volume continues to slow significantly. The Committee 
recommends temporarily subsidizing the 7(a) and 504 programs in 
order to reinvigorate small business lending.
    In addition, the Committee recommends $6,000,000 in subsidy 
appropriations to support additional lending under the 
microloan program in order to meet the increase in demand 
resulting from the shrinking availability of credit in the 
market.

        Administrative Provisions--Small Business Administration

    Sec. 501. Temporarily eliminates fees under the 7(a) 
general business guaranteed loan program and temporarily 
eliminates certain fees under the 504 guaranteed loan program.
    Sec. 502. Makes changes to requirements under the 7(a) 
general business guaranteed loan program, the Small Business 
Investment Company program, and the 504 guaranteed loan 
program.
    Sec. 503. Authorizes the Small Business Administration to 
refinance certain small business loans under the 504 guaranteed 
loan program.
    Sec. 504. Establishes definitions for provisions under the 
heading ``Small Business Administration''.

               TITLE VI--DEPARTMENT OF HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

              Office of the Under Secretary for Management

    The Committee recommends $248,000,000 for the Office of the 
Under Secretary for Management. These funds are for the 
consolidation of the Department of Homeland Security 
headquarters, which is currently spread throughout 70 buildings 
and 40 sites across the National Capital Region. Funds are also 
made available under title V to the General Services 
Administration [GSA] for this purpose. The final Environmental 
Impact Statement for this activity found that the project would 
create direct employment opportunities for 32,917 people in the 
region, not including the Federal employees working at the 
consolidated headquarters. Bill language is included directing 
the Secretary of Homeland Security, in consultation with the 
Administrator of General Services, to submit to the Committees 
on Appropriations of the Senate and the House of 
Representatives, not more than 60 days after the date of 
enactment of the act, a plan for the expenditure of these 
funds.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $5,000,000 for the Office of 
Inspector General. These funds shall be used for oversight and 
audit of programs, grants, and projects.

                   U.S. Customs and Border Protection

                         SALARIES AND EXPENSES

    The Committee recommends $198,000,000 for U.S. Customs and 
Border Protection [CBP] Salaries and Expenses. Of this amount, 
$100,800,000 is for the procurement and deployment of non-
intrusive inspection systems to improve port security; and 
$97,200,000 is for procurement and deployment of tactical 
communications equipment and radios. Bill language is included 
directing the Secretary of Homeland Security to submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not more than 45 days after the date of 
enactment of the act, a plan for the expenditure of these 
funds.

        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

    The Committee recommends $200,000,000 for Border Security 
Fencing, Infrastructure, and Technology. These funds are for 
expedited development and deployment of border security 
technology on the Southwest border. Bill language is included 
directing the Secretary of Homeland Security to submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not more than 45 days after the date of 
enactment of the act, a plan for the expenditure of these 
funds.

                              CONSTRUCTION

    The Committee recommends $800,000,000 for Construction. 
These funds shall be used to construct, alter, enhance, expand, 
repair, and/or improve CBP-owned land border ports of entry. 
Included in this amount is funding to enhance construction 
program management and oversight. CBP estimates that these 
funds would create more than 8,700 jobs. Funds are also made 
available under title V to the General Services Administration 
for construction and repair of land border ports of entry owned 
by GSA. Bill language is included directing the Secretary of 
Homeland Security to submit to the Committees on Appropriations 
of the Senate and the House of Representatives, not more than 
45 days after the date of enactment of the act, a plan for the 
expenditure of these funds.

                U.S. Immigration and Customs Enforcement

                        AUTOMATION MODERNIZATION

    The Committee recommends $27,800,000 for Automation 
Modernization. These funds shall be used for the procurement 
and deployment of tactical communications equipment and radios. 
Bill language is included directing the Secretary of Homeland 
Security to submit to the Committees on Appropriations of the 
Senate and the House of Representatives, not more than 45 days 
after the date of enactment of the act, a plan for the 
expenditure of these funds.

                 Transportation Security Administration

                           AVIATION SECURITY

    The Committee recommends $1,200,000,000 for Aviation 
Security for the procurement and installation of checked 
baggage explosives detection systems and checkpoint explosives 
detection equipment. These funds will allow the Transportation 
Security Administration to make air travel more efficient and 
secure by funding high priority optimal baggage screening 
projects at approximately 20 airports. Funding is also 
available for the purchase of emerging checkpoint security 
technologies that can identify explosive threats. Currently, an 
insufficient number of air passengers are screened by these 
technologies. Bill language is included directing the Secretary 
of Homeland Security to submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
not more than 45 days after the date of enactment of the act, a 
plan for the expenditure of these funds.

                              Coast Guard

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

    The Committee recommends $572,500,000 for Acquisition, 
Construction, and Improvements for the following activities: 
$255,000,000 for shortfalls in priority procurements due to 
materials and labor cost increases; $195,000,000 for 
construction of high priority shore facilities; $87,500,000 for 
the competitively awarded design of a new polar icebreaker or 
the renovation of an existing polar icebreaker, and major 
repair and maintenance of existing polar icebreakers; and 
$35,000,000 for emergency maintenance of the Coast Guard's high 
endurance cutters. These funds will generate significant 
economic activity while addressing critical needs. The Coast 
Guard estimates that these funds would create approximately 
1,235 jobs. Bill language is included directing the Secretary 
of Homeland Security to submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
not more than 45 days after the date of enactment of the act, a 
plan for the expenditure of these funds. The expenditure plan 
is to include all necessary expenses related to the oversight 
and management of each activity.

                         ALTERATION OF BRIDGES

    The Committee recommends $240,400,000 for Alteration of 
Bridges deemed a hazard to marine navigation by the Coast Guard 
pursuant to the Truman-Hobbs Act. These funds will also allow 
$139,500,000 made available in prior years to be expended as 
sufficient funding will now be available to begin several 
bridge alterations. The Coast Guard estimates that these funds 
will create approximately 1,630 jobs. Bill language is included 
directing the Secretary of Homeland Security to submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not more than 45 days after the date of 
enactment of the act, a plan for the expenditure of these 
funds.

                  Federal Emergency Management Agency

                     MANAGEMENT AND ADMINISTRATION

    The Committee recognizes that our Nation's responders still 
cannot communicate important and timely information during a 
major disaster or event with existing infrastructure. The 
Committee recommends $6,000,000 to purchase through a 
competitive award six rapidly deployable communications 
response vehicles which will provide needed communications, and 
the ability to patch together disparate communications systems 
during major a disaster or a national security event.

                        STATE AND LOCAL PROGRAMS

    The Committee recommends $950,000,000 for grants to State 
and local governments, to provide for one-time investments to 
modify and upgrade infrastructure assets in the Nation that 
have been left vulnerable for too long. These funds will 
generate significant economic activity while at the same time 
addressing important homeland security needs. Collectively, 
these projects are estimated to create more than 7,200 jobs. 
The Committee directs that priority be given to construction 
projects that will address the Nation's most significant risks 
which can also be completed in a timely fashion.
    Of the total amount recommended, $100,000,000 is for Public 
Transportation Security Assistance, Railroad Security 
Assistance, and Systemwide Amtrak Security Upgrades; 
$100,000,000 is for Port Security Grants; and $250,000,000 is 
for upgrading, modifying, or constructing emergency operations 
centers 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)) which shall 
be awarded to both types of facilities as equitably as 
warranted. Funds shall be available until September 30, 2009. 
The cost share for Port Security Grants and emergency 
operations centers is waived for these projects. The Secretary 
may not require a cost share for grants awarded pursuant to 
sections 1406, 1513, and 1514 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Public Law 
110-53).
    Additionally, of the total amount recommended, $500,000,000 
is for construction projects which will upgrade or modify 
critical infrastructure, as defined if section 1016(e) of the 
USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)), to mitigate 
consequences related to potential damage from terrorist attacks 
or natural disasters. FEMA is directed to engage subject matter 
experts, including the National Protection and Programs 
Directorate, to identify large-scale projects that to date have 
lacked the needed resources to mitigate risks to assets which 
if destroyed or disrupted would cause national or regional 
catastrophic events. Bill language is included directing the 
Secretary of Homeland Security to submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
not more than 60 days after the date of enactment of the act, a 
plan for the expenditure of these funds. The Committee directs 
the Secretary to include in the expenditure plan a description 
of the risk, effectiveness, and need for each project as well 
as the estimated time to complete each project. The plan may be 
submitted in a classified format if necessary but should be 
accompanied by a redacted version. Bill language is included 
providing 5 percent for program administration. Of the amount 
provided for program administration, FEMA is directed to ensure 
subject matter experts have the needed engineering and 
technical expertise for this critical work. Funds for these 
projects shall be available until September 30, 2011.

                     FIREFIGHTER ASSISTANCE GRANTS

    The Committee recommends $500,000,000 to provide for one-
time investments to make grants on a competitive basis directly 
to fire departments, in consultation with the chief executive 
of the State, for the purpose of modifying, upgrading, or 
constructing State and local fire stations. Collectively, such 
projects are estimated to create 4,800 jobs. Funds shall remain 
available until September 30, 2010 and up to 5 percent shall be 
for program administration.

            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

    The Committee includes a provision to provide additional 
access to loans for communities whose local economies have been 
significantly impacted by a Presidentially declared disaster in 
2008. Such communities will now be able to apply for loans for 
up to 50 percent of their pre-storm revenue instead of being 
capped at $5,000,000.

                       EMERGENCY FOOD AND SHELTER

    The Committee recommends $100,000,000 to support the 
Emergency Food and Shelter program which funds grants to 
nonprofit and faith-based organizations at the local level to 
supplement their programs for emergency food and shelter to 
provide for the immediate needs of the homeless. The Committee 
recognizes that there are over 36.2 million Americans who need 
food assistance and over 675,000 homeless Americans and recent 
economic indicators are projecting increases in unemployment, 
homelessness, and poverty rates.

                Federal Law Enforcement Training Center

     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

    The Committee recommends $15,000,000 for Federal Law 
Enforcement Training Center [FLETC] Acquisition, Construction, 
Improvements, and Related Expenses at all FLETC sites. FLETC 
estimates that these funds would create up to 342 jobs. Bill 
language is included directing the Secretary of Homeland 
Security to submit to the Committees on Appropriations of the 
Senate and the House of Representatives, not more than 45 days 
after the date of enactment of the act, a plan for the 
expenditure of these funds.

                         Science and Technology

           RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

    The Committee recommends $14,000,000 to expand cyber 
security research to better address critical infrastructure 
vulnerabilities. Bill language is included directing the 
Secretary of Homeland Security to submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
not more than 45 days after the date of enactment of the act, a 
plan for the expenditure of these funds.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 601 A provision is included related to an arbitration 
process for Hurricanes Katrina, Rita, Gustav, and Ike.
    Sec. 602 A provision is included related to hazard 
mitigation for Hurricanes Katrina and Rita.

         TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   MANAGEMENT OF LANDS AND RESOURCES

    The Committee has provided $135,000,000 for management of 
lands and resources and recommends that the funds be allocated 
as follows: $80,000,000 for deferred maintenance projects, of 
which $35,000,000 is for deferred maintenance projects 
currently in the Bureau's 5-year maintenance plan, $25,000,000 
is for recreation maintenance, especially for rehabilitation of 
off-road vehicle routes, and $20,000,000 is for trail 
maintenance and restoration; $30,000,000 for remediation of 
environmental and public safety hazards at abandoned mines and 
wells on public lands; and $25,000,000 for habitat restoration 
projects that accomplish ecological goals and provide 
employment opportunities in the local communities. As the 
Bureau prepares the spending plans required by section 701 of 
this title, the Committee is mindful that flexibility will be 
needed in order to achieve the goals of maximum job creation 
and most effective use of resources. As such, the Committee 
expects modifications to these allocations after full and 
timely consultation, including a potential reallocation to 
expedite and enhance the processing of renewable energy 
projects rights-of-way and related permit applications.

                              CONSTRUCTION

    The Committee has provided $180,000,000 for the 
construction account and recommends that the funds be allocated 
as follows: $160,000,000 for construction, reconstruction, and 
repair of roads and bridges on public lands; and $20,000,000 
for the department-wide Net Zero initiative that will retrofit 
existing Bureau visitor centers for maximum energy efficiency. 
As the Bureau prepares the spending plans required by section 
701 of this title, the Committee is mindful that flexibility 
will be needed in order to achieve the goals of maximum job 
creation and most effective use of resources. As such, the 
Committee expects modifications to these allocations after full 
and timely consultation.

                        WILDLAND FIRE MANAGEMENT

    The Committee has provided $15,000,000 for wildland fire 
management and recommends that all funding be used for 
additional hazardous fuels reduction work on Federal lands.

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

    The Committee has provided $190,000,000 for resource 
management and recommends that the funds be allocated as 
follows: $125,000,000 for deferred maintenance projects 
currently prioritized in the refuge and hatchery maintenance 
databases; $20,000,000 for the removal of small- to medium-
sized fish passage barriers; $20,000,000 for trail improvement 
projects; and $25,000,000 for habitat restoration projects that 
accomplish ecological goals and provide employment 
opportunities in the local communities. As the Service prepares 
the spending plans required by section 701 of this title, the 
Committee is mindful that flexibility will be needed in order 
to achieve the goals of maximum job creation and most effective 
use of resources. As such, the Committee expects modifications 
to these allocations after full and timely consultation.

                              CONSTRUCTION

    The Committee has provided $110,000,000 for the 
construction account and recommends that the funds be allocated 
as follows: $60,000,000 for construction, reconstruction, and 
repair of roads and bridges; $50,000,000 for projects to 
significantly improve energy efficiency at Service facilities, 
of which $30,000,000 is for the Green Energy program for cost-
effective, renewable energy projects and $20,000,000 is for the 
department-wide Net Zero initiative that will retrofit existing 
Service visitor centers. As the Service prepares the spending 
plans required by section 701 of this title, the Committee is 
mindful that flexibility will be needed in order to achieve the 
goals of maximum job creation and most effective use of 
resources. As such, the Committee expects modifications to 
these allocations after full and timely consultation.

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

    The Committee has provided $158,000,000 for operation of 
the National Park Service and recommends that the funds be 
allocated as follows: $135,000,000 for deferred maintenance of 
facilities, with emphasis on cyclic maintenance and other 
repair and rehabilitation projects currently in the Service's 
5-year deferred maintenance plan; and $23,000,000 for deferred 
maintenance of trails. As the Service prepares the spending 
plans required by section 701 of this title, the Committee is 
mindful that flexibility will be needed in order to achieve the 
goals of maximum job creation and most effective use of 
resources. As such, the Committee expects modifications to 
these allocations after full and timely consultation.

                       HISTORIC PRESERVATION FUND

    The Committee has provided $55,000,000, which will be 
derived from the Historic Preservation Fund, and recommends 
that the funds be allocated as follows: $50,000,000 for State 
Historic Preservation Offices, and $5,000,000 for Tribal 
Historic Preservation Offices.

                              CONSTRUCTION

    The Committee has provided $589,000,000 for construction 
and recommends that the funds be allocated as follows: 
$180,000,000 for repair and restoration of Service-managed 
roads; $310,000,000 for construction of facilities; $9,000,000 
for equipment replacement, including high priority needs of the 
U.S. Park Police; $50,000,000 for cleanup of abandoned mine 
sites on Federal lands; and $40,000,000 for the department-wide 
Net Zero initiative that will retrofit existing Service visitor 
centers for maximum energy efficiency. As the Service prepares 
the spending plans required by section 701 of this title, the 
Committee is mindful that flexibility will be needed in order 
to achieve the goals of maximum job creation and most effective 
use of resources. As such, the Committee expects modifications 
to these allocations after full and timely consultation.
    Additional Funding.--The Committee is aware that 
approximately $200,000,000 of visitor fees collected through 
the Recreational Fee program remains unobligated. The Service 
is therefore urged to work with its local units to ensure that 
these funds are expended as quickly as possible, and the 
Committee would strongly recommend that the unobligated funds 
be integrated with and directed toward the types of deferred 
maintenance and other infrastructure projects being funded in 
the act. Detailed information on the steps the Service is 
taking to ensure the timely use of unobligated recreational 
fees should be included in the spending plans the Service is 
required to submit to the Appropriations Committees.

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

    The Committee has provided $135,000,000 for surveys, 
investigations and research and recommends that the funds be 
allocated as follows: $30,000,000 for deferred maintenance and 
capital improvement projects for buildings and grounds; and 
$20,000,000 for deferred maintenance and capital improvement 
projects for cableways, groundwater wells, and surface water 
stations, and $85,000,000 for other instructure upgrades, 
including research equipment.

                        Bureau of Indian Affairs

                      OPERATION OF INDIAN PROGRAMS

    The Committee has provided $40,000,000 for operation of 
Indian programs and recommends that the funds be allocated as 
follows: $18,000,000 for the workforce construction training 
program, which will be focused in areas with the highest 
unemployment; $2,000,000 for the workforce training and 
development program, which is a national program focused on 
training for certified plumbers and pipefitters; and 
$20,000,000 for the housing improvement program. As it utilizes 
the funding for housing improvement, the Bureau is directed to 
work closely with the Department of Energy to ensure that 
funding from the Weatherization Program is incorporated to the 
maximum extent possible.

                              CONSTRUCTION

    The Committee has provided $522,000,000 for construction 
and recommends that the funds be allocated as follows: 
$115,000,000 for major facilities improvement and repair 
projects prioritized by the Bureau; $132,000,000 for full-
replacement school projects; $35,000,000 for minor school 
facilities improvements and employee housing repair; 
$25,000,000 for detention center improvements, repairs, and 
maintenance; $40,000,000 for new construction, repair and 
deferred maintenance projects at various irrigation projects 
and systems; $25,000,000 for dam improvements, repair and 
maintenance at those facilities identified by the Bureau as 
presenting high or significant hazards; and $150,000,000 for 
road and bridge maintenance on Bureau-owned roads. As the 
Bureau prepares the spending plans required by section 701 of 
this title, the Committee is mindful that flexibility will be 
needed in order to achieve the goals of maximum job creation 
and most effective use of resources. As such, the Committee 
expects modifications to these allocations after full and 
timely consultation.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

    The Committee has provided $10,000,000 for the guaranteed 
loan program. This program provides opportunities to a 
historically underserved community by providing Federal 
guarantees for loans to Indian-owned businesses. Because the 
program leverages appropriated dollars at approximately 13:1, 
this investment will create and/or sustain jobs that will 
benefit reservations and Indian communities.

                          DEPARTMENTAL OFFICES

                            Insular Affairs

                       ASSISTANCE TO TERRITORIES

    The Committee has provided $62,000,000 for necessary 
infrastructure upgrades associated with the large-scale 
redeployment of U.S. military forces to Guam. The Committee 
recommends that the funds be allocated as follows: $20,000,000 
for port modernization, $30,000,000 for water and wastewater 
infrastructure, and $12,000,000 for electrical transmission 
line and substation upgrades. As the Office prepares the 
spending plans required by section 701 of this title, the 
Committee is mindful that flexibility will be needed in order 
to achieve the goals of maximum job creation and most effective 
use of resources. As such, the Committee expects to approve 
some modifications to these allocations after full and timely 
consultation.

                      Office of Inspector General

                         SALARIES AND EXPENSES

    The Committee has provided $7,600,000 for additional 
oversight and audit responsibilities associated with the 
funding being made available to the Department of the Interior 
through this act. The Committee expects semiannual reports from 
the Inspector General, beginning 6 months after the date of 
enactment of this act.

                        Department-wide Programs

                    CENTRAL HAZARDOUS MATERIALS FUND

    The Committee has provided $20,000,000 for the central 
hazardous materials fund for remediation of known 
environmentally hazardous sites where there is a need for 
immediate action.

                          WORKING CAPITAL FUND

    The Committee has provided $20,000,000 to continue 
implementation of the department-wide financial and business 
management system.

                     ENVIROMENTAL PROTECTION AGENCY

                     Hazardous Substance Superfund

                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee has provided $800,000,000 for Superfund 
remedial activities to initiate new construction projects and 
expedite cleanup activities at existing Superfund sites. 
Language has been included allowing the Administrator to retain 
up to 2 percent of these funds for program oversight and 
support functions, and to transfer these funds to other 
accounts as necessary. The Administrator is directed to 
coordinate oversight activities with the Office of the 
Inspector General. As part of the spending plan required by 
section 701, the Administrator is directed to provide detailed 
information regarding proposed accomplishments, including a 
complete list of sites that receive funding, as well as program 
support and oversight funding requirements.

          Leaking Underground Storage Tank Trust Fund Program

    The Committee has provided $200,000,000 for grants to fund 
leaking underground storage tank remediation activities. The 
Committee has included bill language waiving State and local 
cost-share requirements to expedite allocation of these funds. 
The Administrator is directed to detail oversight and program 
support functions needed to support these grants in the 
spending plans required by section 701.

                   State and Tribal Assistance Grants

                     (INCLUDING TRANSFERS OF FUNDS)

    The Committee's recommendation includes $6,400,000,000 for 
the State and Tribal Assistance Grants appropriation to fund 
urgently needed infrastructure improvement and job creation 
activities. To expedite these projects, the Committee has 
waived cost-share requirements for all programs funded under 
this appropriation.
    State Revolving Funds.--Within these funds, the Committee 
has provided $4,000,000,000 for the Clean Water State Revolving 
Funds and $2,000,000,000 for the Drinking Water State Revolving 
Funds to address the nationwide backlog of clean and drinking 
water infrastructure needs. Language has been included 
requiring priority to be given to ``shovel-ready'' projects on 
which construction can begin within 180 days of enactment of 
this act, including projects not on State priority lists but 
that meet the other eligibility requirements of the Clean or 
Drinking Water State Revolving Funds. Funds not obligated for 
binding commitments to proceed to construction within 180 days 
of enactment of the act may be reallocated by the 
Administrator.
    The Committee has included language that allows States to 
provide more comprehensive financial assistance through 
principal forgiveness or negative interest rate loans. States 
are strongly encouraged to maximize the use of these provisions 
to allow wide distribution of funds, particularly for projects 
located in disadvantaged communities. Language has been 
included requiring no less than 15 percent of the funds 
provided for each of the Revolving Funds be designated for 
green infrastructure, water efficiency or other environmentally 
innovative water quality improvement projects. These projects 
include, but are not limited to, decentralized wastewater 
treatment, decentralized stormwater controls and water 
conservation and reuse projects. The Committee has also 
included a longstanding tribal set-aside for the Clean Water 
State Revolving Fund. Finally, language has been included 
clarifying that funds are not eligible for certain activities 
that do not promote job creation.
    Brownfields/Diesel Emission Reduction Act Grants.--The 
Committee has provided $100,000,000 for grants to States and 
tribes to fund Brownfields remediation activities to return 
environmentally contaminated lands to productive use. An 
additional $300,000,000 has been provided for Diesel Emission 
Reduction Act [DERA] grants to fund cost-effective emission 
reduction projects. Language has been provided allowing the 
Administrator to adjust allocations between the national 
competitive DERA grant and State DERA grant programs to 
expedite the allocation of these funds if necessary. Priority 
should be given to projects that spur job creation and achieve 
direct, measurable reductions in diesel emissions.
    The Committee has included bill language allowing the 
Agency to retain up to one-quarter of 1 percent of the funds 
appropriated for the Clean Water and Drinking Water State 
Revolving Funds and up to 1.5 percent of the Diesel Emissions 
Grant funds to fund oversight and program support activities, 
and to transfer those funds to other accounts as necessary. The 
Administrator is directed to coordinate these activities with 
its partners and with the Office of the Inspector General.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  CAPITAL IMPROVEMENT AND MAINTENANCE

    The Committee has provided $650,000,000 for Forest Service 
capital improvement and maintenance activities, including 
associated support costs. Of these funds, the Committee 
recommends $280,000,000 for road maintenance and improvement; 
$245,000,000 for facilities maintenance and improvement; 
$100,000,000 for trail maintenance and improvement; and 
$25,000,000 for abandoned mine site remediation on national 
forest lands. Funds should be allocated in a manner that will 
ensure rapid job creation and long-term public benefit. 
Priority should be given to roads and trails projects that 
address natural resource damage and water quality impairment, 
improve public safety, or improve access to highly utilized 
national forest lands. Priority should be given to facilities 
projects that improve public safety or visitor services or 
retrofit existing facilities with energy efficient or other 
``green'' technologies. Abandoned mine site remediation funds 
should be allocated to areas that pose the greatest 
environmental and public safety threats.
    As the Service prepares the spending plans required by 
section 701 of this title, the Committee is mindful that 
flexibility will be needed in order to achieve the goals of 
maximum job creation and most effective use of resources. Where 
appropriate, the Committee expects modifications to these 
allocations after full and timely consultation.

                        WILDLAND FIRE MANAGEMENT

    The Committee has provided $650,000,000 for Wildland Fire 
Management programs for hazardous fuels reduction and hazard 
mitigation activities and recommends that the funds be 
allocated as follows: $300,000,000 for projects on Federal 
lands; and $350,000,000 for grants to fund projects located on 
State and private lands. Funds provided for hazardous fuels 
reduction on both Federal and State and private lands shall be 
used to reduce fuel loads in areas of the Nation at highest 
risk of catastrophic wildfire.
    Language has been included to allow the Service to use all 
appropriate authorities to facilitate projects on State and 
private lands. Of the funds being made available for State and 
private projects, the Committee has recommended up to 
$50,000,000 be used to fund biomass utilization grants to 
promote the use of woody biomass as a renewable energy source, 
reduce the cost of removing fuel from national forest lands and 
create jobs. The Service should work with State foresters and 
other stakeholders to determine an appropriate allocation for 
these grants as part of the detailed spending plans.
    As provided in section 702, the Service is directed to 
utilize the Youth Conservation Corps, the Job Corps, the Public 
Lands Corps, or other partner organizations.
    Within the amounts provided for Capital Improvement and 
Maintenance, and Wildland Fire Management not to exceed 1.5 
percent may be used to conduct oversight and administration. 
The Service is directed to coordinate its activities with the 
Office of the Inspector General at the U.S. Department of 
Agriculture.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         INDIAN HEALTH SERVICES

    The Committee has provided $135,000,000 for health services 
and recommends that the funds be allocated as follows: 
$50,000,000 for additional services under the Contract Health 
Service program; and $85,000,000 for health information 
technology activities, including $55,000,000 for health 
information technology applications, and $30,000,000 for 
clinical applications, information technology infrastructure, 
and national program support. In an effort to maximize 
efficiencies and integrate systems most effectively, language 
has been included to provide the Director of the Indian Health 
Service with the authority to manage the health information 
technology program at the national level. Additionally, 
language is included which allows the Service to use health 
information technology funds appropriated within this account 
for the acquisition of associated infrastructure requirements 
that are typically funded within the ``Indian Health 
Facilities'' account. As the Service prepares the spending 
plans required by section 701 of this title, the Committee is 
mindful that flexibility will be needed in order to achieve the 
goals of maximum job creation and most effective use of 
resources. As such, the Committee expects modifications to 
these allocations after full and timely consultation.

                        INDIAN HEALTH FACILITIES

    The Committee has provided $410,000,000 for facilities and 
recommends that the funds be allocated as follows: $155,000,000 
for the maintenance and improvement program; $100,000,000 for 
the sanitation facilities construction program; $20,000,000 for 
the purchase of medical equipment; and $135,000,000 for the 
construction of health care facilities. Language has been 
included exempting the funds provided in this bill for the 
purchase of medical equipment from spending caps carried in the 
annual appropriation bill in order to provide maximum 
flexibility to the Service in meeting the highest priority 
needs of tribes. As the Service prepares the spending plans 
required by section 701 of this title, the Committee is mindful 
that flexibility will be needed in order to achieve the goals 
of maximum job creation and most effective use of resources. As 
such, the Committee expects modifications to these allocations 
after full and timely consultation.

                        SMITHSONIAN INSTITUTION

                           Facilities Capital

    The Committee has provided $150,000,000 for facilities, and 
recommends that the funds be allocated as follows: $75,000,00 
for major revitalization and renovation; and $75,000,000 for 
other Smithsonian-wide repairs with an emphasis on life and 
fire safety requirements.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 701. The Committee has included bill language 
requiring each agency receiving funds in this title to file 
several reports with the House and Senate Appropriations 
Committees. The report required by subsection (a) shall be 
transmitted within 30 days of enactment and shall provide 
activity and subactivity level allocations, including amounts 
allocated for administrative expenses, and a copy of all 
guidance issued by the agency. The second report, which is 
required by subsection (b) and is to be submitted within 90 
days after enactment, shall contain more detailed information 
about each program or project to be funded under this act. This 
report shall include a brief project description, the amount 
allocated, target dates for the obligation and expenditure of 
allocated funds, and the expected completion date for each 
project. In addition, each agency receiving funds in this title 
shall submit reports to the House and Senate Appropriations 
Committees every 6 months following enactment until all the 
funds have been obligated and expended. These reports will 
compare actual project results, obligations, and expenditures 
to the detailed plan required by subsection (b).
    Sec. 702. The Committee has included bill language to 
provide employment opportunities to young adults that will 
accomplish the goals of this legislation and encourage young 
workers to consider careers in agencies devoted to natural 
resources and health management.

   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

    The Committee recommends $3,250,000,000 in additional funds 
for Training and Employment Services. Within this amount, 
$2,750,000,000 is for State Grants for Job Training. The 
Committee intends these funds to be spent quickly and 
effectively in meeting the employment and training needs of the 
Nation's workforce. The Committee is particularly interested in 
funds being used to target low-income and other hard-to-serve 
populations, including individuals who are long-term 
unemployed, low-skill, limited English proficiency, individuals 
with disabilities, and older workers with multiple employment 
barriers, and highlights the existing authority that allows 
funds to be used to provide supportive services and needs-based 
payments to help such individuals engage in employment and 
training activities.
    To facilitate the training of individuals, the Committee 
bill includes the authority for local workforce investment 
boards to contract for training slots with institutions of 
higher education, as long as that authority is not used to 
limit customer choice. The Committee expects this authority to 
enable local workforce boards to use a significant portion of 
funds for training services. The Committee intends for the 
Department to carefully monitor the use of this authority to 
ensure it is used effectively to meet the Nation's training 
needs.
    The Committee recommendation includes $1,200,000,000 for 
State Grants for Youth. The Committee is particularly 
interested in these funds being used to support summer 
employment programs for youth, so language is included in the 
Committee bill that allows funds to be used for this activity.
    The Committee requests quarterly reports on expenditures 
and available balances, training and intensive service 
outcomes, and populations served with the funding available 
under the WIA Grants to States funding stream available in this 
act. The Committee is particularly interested in these reports 
demonstrating that funds are being used for services for low-
income, hard-to-serve, and other priority populations and 
encourages the Department to provide appropriate guidance, 
oversight, and technical assistance that support this goal.
    The Committee recommendation also includes an additional 
$450,000,000 under the dislocated worker national reserve. The 
Committee intends $200,000,000 of these funds to be used for 
National Emergency Grants authorized under section 173(a)(1) of 
the Workforce Investment Act. The remaining $250,000,000 is for 
a program of competitive grants for workers in high growth and 
emerging industries. The Committee is particularly interested 
in the Department awarding grants that support immediate 
strategies for regions and communities to meet their need for 
skilled workers, as well as longer-term plans to build targeted 
industry clusters with better training and a more productive 
workforce. Additionally, the Committee intends for these funds 
to be made available to eligible entities that provide 
manufacturing job training delivered though a variety of means, 
including mobile units. Mobile skills training shall include 
multi-state and State outreach for placement of unemployed and/
or under-employed, and can rapidly place dislocated workers, 
low-income individuals, offenders, unemployed individuals, or 
veterans, as defined under section 101 of the Workforce 
Investment Act of 1998 into manufacturing jobs upon completion 
of training. The Committee bill establishes a priority for 
grants in the energy efficiency and renewable energy and health 
care sectors. The Committee requests a briefing by appropriate 
Department staff prior to the publication of a solicitation for 
grant announcement with respect to these funds.
    The Committee recommendation also includes $100,000,000 for 
the YouthBuild program. These funds will enable additional 
youth to learn green construction skills, while benefiting 
communities in need of additional units of affordable housing.

            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

    The Committee recommendation includes an additional 
$120,000,000 for the community service employment for older 
Americans program. These funds will immediately support 
additional employment and training opportunities for low-
income, older Americans.

     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

    The Committee recommendation includes an additional 
$400,000,000 for the State Employment Service. From this 
amount, $250,000,000 shall be used for re-employment services 
that connect unemployment insurance beneficiaries to employment 
and training opportunities.

                        Departmental Management

                          OFFICE OF JOB CORPS

    The Committee recommendation includes an additional 
$160,000,000 for the Office of Job Corps. These funds will help 
meet the immediate building repair and renovation needs of Job 
Corps Centers. In addition, up to 15 percent of such funds may 
be used for the operational needs of such centers, including 
training for careers in the energy efficiency, renewable 
energy, and environmental protection industries.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommendation includes an additional 
$3,000,000 for the Office of Inspector General to ensure 
appropriate oversight of funds available to and activities 
supported by the Department of Labor. The Committee expects to 
be notified immediately of any issues that are identified 
during such audits and oversight work.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     HEALTH RESOURCES AND SERVICES

    The Committee has provided an additional $1,000,000,000 for 
construction, renovation and equipment at the Nation's 
Community Health Centers.
    The Committee has provided an additional $88,000,000 for 
the replacement of the headquarters of the Health Resources 
Services Administration. The Committee is aware that the 
current lease expires on July 31, 2010 and that significant 
work must be done to fit-out a new facility and move the staff.

               Centers for Disease Control and Prevention

                DISEASE CONTROL, RESEARCH, AND TRAINING

    The Committee has provided an additional $412,000,000 for 
acquisition of property, construction, renovation and equipment 
for the buildings and facilities of the Centers for Disease 
Control and Prevention.

                     National Institutes of Health

                 NATIONAL CENTER FOR RESEARCH RESOURCES

    The Committee recommends an additional $300,000,000 for the 
National Center for Research Resources for shared 
instrumentation and capital research equipment.

                         OFFICE OF THE DIRECTOR

    The Committee recommends an additional $2,700,000,000 for 
the Office of the Director, half of which will be transferred 
to the Institutes and Centers. The Committee strongly urges 
that, to the extent possible, the funds should be used for 
purposes that can be completed within 2 years. In particular, 
the Committee recommends placing a priority on: short-term new 
grants that focus on specific scientific challenges; new 
research that expands the scope of ongoing projects; research 
on public health priorities such as influenza, tuberculosis and 
malaria; and stem cell research.

                        BUILDINGS AND FACILITIES

    The Committee recommends an additional $500,000,000 for 
constructing, improving and repairing National Institutes of 
Health buildings and facilities.

               Agency for Healthcare Research and Quality

                    HEALTHCARE RESEARCH AND QUALITY

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee has provided an additional $1,100,000,000 for 
comparative clinical effectiveness research. Within this amount 
$300,000,000 shall be administered by the Agency for Healthcare 
Research and Quality [AHRQ], $400,000,000 shall be transferred 
to the National Institutes of Health [NIH], and $400,000,000 
shall be allocated at the discretion of the Secretary of Health 
and Human Services [the Secretary].
    The Committee intends that the funding provided in this 
bill supports research that evaluates and compares the clinical 
effectiveness, risk and benefits of two or more medical 
treatments and services that address a particular medical 
condition. The Committee further intends that this research 
meets the requirements of sections 1013(b) and (d) of the 
Medicare Prescription Drug, Improvement and Modernization Act 
of 2003.
    Since fiscal year 2005 the Committee has provided an annual 
appropriation to AHRQ to carry out section 1013 of the Medicare 
Prescription Drug Act, which supports the development of 
research on the relative effectiveness of different health care 
services and treatment options. The additional funding provided 
under this heading is intended to expand and accelerate this 
research, with the goal of developing an evidence base for 
consumers, clinicians, providers and policymakers regarding 
which healthcare interventions work best. The Committee 
believes that a significant increase in the Federal investment 
for comparative clinical effectiveness research has the 
potential to improve health care quality and patient outcomes.
    The Secretary, jointly with the Directors of AHRQ and the 
NIH, shall provide the Committees on Appropriations of the 
House of Representatives and the Senate a fiscal year 2009 
operating plan for the funds appropriated under this heading 
prior to making any Federal obligations of such funds in fiscal 
year 2009, as well as a fiscal year 2010 operating plan for 
such funds prior to making any Federal obligations of such 
funds in fiscal year 2010. These operating plans should detail 
the type of research being conducted or supported, including 
the priority conditions addressed; and specify the allocation 
of resources within the Department of Health and Human 
Services, the Federal Government, and non-Federal entities, if 
applicable.
    The Secretary, jointly with the Directors of AHRQ and the 
NIH, 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.

                Administration for Children and Families

   PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT

    The Committee has provided an additional $2,000,000,000 for 
the Child Care and Development Block Grant. The funding will 
enable States to serve an additional 300,000 children in low-
income families who have been hurt by the recession and are 
struggling to afford the high cost of child care.

                      SOCIAL SERVICES BLOCK GRANT

    The Committee has provided an additional $400,000,000 for 
the Social Services Block Grant [SSBG]. The additional funding 
will help States and local non-profits deliver critical 
services to unemployed and low-income individuals struggling 
with the effects of the recession. The Committee intends that 
funds be targeted to States with the greatest need based on 
unemployment levels and unemployment rates.

                CHILDREN AND FAMILIES SERVICES PROGRAMS

    The Committee has provided an additional $2,100,000,000 for 
the Head Start program, of which $1,100,000,000 is for 
expansion of Early Head Start as described in section 645A of 
the Head Start Act. The Committee is providing additional funds 
for early childhood education as a necessary investment that 
will prepare children to succeed in school and be productive 
workers of the future.
    The Committee has also provided an additional $200,000,000 
for the Community Services Block Grant. These funds will allow 
local community action agencies to provide critical services 
for low-income communities and families, such as housing and 
mortgage counseling, jobs skills training, food pantry 
assistance, help for small businesses and case management 
services. Funds will also be used to provide outreach and 
benefits enrollment assistance to help low-income families and 
individuals apply for benefits and services for which they are 
eligible. These services help stabilize families, especially 
during periods of unemployment, and provide them with the tools 
they need to lift themselves from poverty and to establish 
economic self-sufficiency.

                        Administration on Aging

                        AGING SERVICES PROGRAMS

    The Committee has provided an additional $100,000,000 for 
senior meals programs, of which $67,000,000 is provided for 
congregate meals and $33,000,000 is provided for home delivered 
meals. The Committee notes that due to the current economic 
crisis, many local senior programs are closing meals sites and 
eliminating meal delivery routes. The additional funding 
provided will help offset these cutbacks, which put our most 
vulnerable seniors at risk of hunger, poor health and 
isolation.

                        Office of the Secretary

  OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY

    The Committee has provided $5,000,000,000 for health 
information technology [IT] activities. Information technology 
systems linked securely and with strong privacy protections can 
improve the quality and efficiency of health care while 
producing significant cost savings. Despite the potential 
benefits of health IT, investment and adoption has been 
limited, particularly among smaller providers. These funds can 
be used to support the activities of the National Coordinator 
for Health Information Technology including providing planning 
and implementation grants to facilitate and expand the 
electronic exchange of health information among organizations 
according to nationally recognized standards and to States and 
Indian tribes to establish low interest loan programs to 
facilitate the purchase of certified health IT by providers, 
enhance the utilization of health IT, train personnel in the 
use of IT, and improve the secure electronic exchange of health 
information.

                    OFFICE OF THE INSPECTOR GENERAL

    The Committee recommendation includes $4,000,000 for the 
Office of the Inspector General to ensure appropriate oversight 
of funds available to and activities supported by the 
Department of Health and Human Services. The Committee expects 
to be notified immediately of any issues that are identified 
during such audits and oversight work.

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

Prevention and Wellness
    The United States spends $2,000,000,000,000 annually on 
health care, more than any other Nation in the world and more 
than twice what every other industrialized country spends. Yet 
the World Health Organization ranks U.S. health care 37th among 
the nations of the world for quality of care, and next to last 
among industrialized nations for the quality of care provided 
to children. The United States now ranks last in the world in 
preventable mortality.
    Preventable diseases and death are tragic anywhere they 
occur, but they are inexcusable in a system that consumes so 
much of our Nation's wealth. The medical care costs of people 
with preventable chronic diseases account for more than 75 
percent of the Nation's $2,000,000,000,000 medical care costs 
and 70 percent of all deaths in the country.
    Both the excessive costs and the immeasurable suffering 
could be greatly reduced with a commitment to prevent chronic 
illness. However, the Nation's health care system has yet to 
shift its paradigm. The incentives built into the fabric of our 
system ensure that health care professionals spend more time 
treating illness than preventing it.
    For this reason, efforts to reform the health care system 
must include an investment in evidence-based prevention 
activities.
    The Committee has included $5,800,000,000 for these 
activities, with every expectation that these programs and 
activities will be sustained through health care reform. The 
Committee expects to work with the Secretary to develop a plan 
for this investment that is in line with the Secretary's and 
the Congress' goals for health reform.
    Allowable activities include grants, contracts and 
cooperative agreements that provide health screenings, 
education, immunization, smoking cessation, prenatal screening 
and counseling, research, planning, nutrition counseling, 
workforce training, and media campaigns. The Committee believes 
that CDC's State portfolio managers have been successful in 
making the most efficient use of multiple funding streams. The 
Committee encourages the Secretary to expand this model in the 
implementation of this act. The following activities are 
included in the initiative:
    Aging.--The Committee understands that evidence-based 
prevention strategies within the older population can have an 
immediate impact on the health care system, as well as 
increasing quality of life for millions of Americans. For 
example, an older American is treated in an emergency 
department for a fall every 18 seconds, with the total cost of 
treating those injuries exceeding $19,000,000,000 per year. The 
Committee is supportive of the types of interventions currently 
supported by the Administration on Aging's Evidence-Based 
Disease Prevention Grants Program, and urges the Secretary to 
expand prevention initiatives in the older population.
    Autoimmune Diseases.--Autoimmune diseases are the third 
most common category of disease in the United States after 
cancer and heart disease, with estimates of the cost to the 
health care system ranging from $100,000,000,000 to 
$400,000,000,000 per year in direct medical costs alone. Recent 
research suggests that many autoimmune diseases may have 
environmental triggers. The Committee encourages the Secretary 
to explore this connection for potential prevention strategies.
    Healthy Communities.--The Committee has included 
$400,000,000 to be transferred to the Centers for Disease 
Control and Prevention for an additional amount for the Healthy 
Communities program, which funds the planning and 
implementation of wellness activities. Eligible grantees 
include local governments, school districts and non-profit 
organizations. Priority should be given to applications that 
exhibit a high degree of collaboration between non-profit 
organizations, school districts, local governments, and the 
business community. Each grant award should obligate the full 
3-year cost and 1 percent of funds awarded should be used for 
evaluation. Grantees should be instructed that no continuation 
funding will be available.
    The Committee is strongly supportive of changes to the 
built environment that promote healthy behaviors. The Committee 
has included significant funding in the transportation title of 
this act that can be used to create the kinds of communities 
that support healthy lifestyles. Pedestrian walkways, new or 
improved bicycle lanes, bicycle paths, shoulders for bicycle 
use, and parking facilities for bicycles are all eligible uses 
for the vast majority of the $27,000,000,000 of transportation 
funding provided in the bill. The Committee encourages the 
Secretary of Health and Human Services to promote health impact 
assessments and to coordinate the goals of the Healthy 
Communities program with the transportation funding guidelines.
    HIV and STD Prevention.--CDC estimates that approximately 
19 million new STD infections occur annually in the United 
States, with 1 in 4 teenage girls currently infected. This 
epidemic is estimated to cost the U.S. healthcare system 
$15,000,000,000 annually, all of which is preventable. The 
Committee has included $400,000,000 for testing and prevention 
of these conditions. The Committee intends that funds be used 
for grants to States for testing activities, and the prevention 
of STD infections like chlamydia that have been increasing 
dramatically in recent years.
    Immunization.--The Committee is aware that 430,000 children 
and 747,000 adolescents miss their scheduled routine 
vaccinations annually because they are underinsured. Up to 9 
million adults do not have the 12 most recommended 
immunizations. The Committee has included $750,000,000 to 
provide additional vaccinations, an activity that should save 
over $3,000,000,000 in direct medical costs over a generation.
    Key Indicators of Health.--The Committee is aware that the 
Institute of Medicine has recommended 20 key indicators of 
health to measure and track the overall health and well-being 
of Americans. The Committee encourages the Secretary to 
initiate a Commission that would provide input from experts and 
stakeholders in the development and oversight of a national set 
of key indicators.
    Media Campaigns.--The Committee has included funds for 
public service announcements and media based education 
campaigns identifying risk factors, promoting healthy behaviors 
and increasing health literacy.
    Newborn Screening.--Newborn screening has been demonstrated 
to save lives and prevent serious disability. The Committee is 
aware that a uniform panel exists that identifies the 29 
conditions for which all newborns should be tested, however, 
more than half of States do not comply, in part due to a lack 
of adequate infrastructure. The Committee has included an 
additional $15,000,000 for grants to State health departments 
to purchase needed equipment to expand newborn screening.
    Research.--The Committee has included $60,000,000 for the 
research, data collection, and evaluation that must be done on 
the prevention activities funded in this act. Activities may 
include expansion of the Prevention Research Centers, best 
practices development, development of models for the health 
impact assessment, peer-reviwed investigator-initiated 
prevention research grants, and the enhancement of current data 
collection efforts including the Behavioral Risk Factor 
Surveillance System and the National Health and Nutrition 
Examination Survey.
    Screening and Education.--Early detection of disease 
improves quality of life and reduces costs to the health care 
system, making routine screening a critical component of any 
reform efforts. The Committee has included not less than 
$1,000,000,000 to expand screening and education. In addition, 
funds may be used for follow-up counseling. The Committee is 
particularly interested in identifying pre-diabetes and 
providing nutrition counseling to prevent the onset of type II 
diabetes.
    Smoking Cessation.--Cigarette smoking is the leading 
preventable cause of death in the United States, causing 1 in 5 
deaths annually in the United States. Currently, nearly 23 
percent of high school students smoke and every day 
approximately 1,300 people under the age of 18 become daily 
smokers. Annually, cigarette smoking costs $96,000,000,000 in 
direct medical costs and an additional $10,000,000,000 for the 
effects of secondhand smoke. The Committee has included not 
less than $75,000,000 for smoking cessation activities.
    Vital Statistics.--Key indicators of a Nation's health 
system include infant mortality rates, the number of low birth 
weight babies, and the leading causes of death. The Committee 
has included up to $40,000,000 to convert vital statistics data 
collection from a paper system to an electronic system.
    Workforce.--The Committee believes that shortages of health 
professionals across the spectrum are a significant obstacle to 
prevention activities. When human resources are scarce, they 
rightly go to serve the most acute patients first, abandoning 
prevention activities that would reduce demand over the long 
term. The Committee has included $600,000,000 to address health 
professions workforce shortages. Funds may be used for 
scholarships and loan repayment, authorized in the National 
Health Service Corps field placement and recruitment, the title 
VII Health Professions, and the title VIII Nurse Training 
programs. Funds may also be used for grants to universities and 
colleges that train health professionals, which may be used to 
purchase equipment to expand training capacity. Of those funds, 
$200,000,000 is available until expended for the purpose of 
extending service contracts.
    The Committee is aware that increasing access to certain 
specialty care services will take many years and some regions 
may never be able to support a full time specialty care 
clinician. For that reason, the Committee recommends that up to 
$5,000,000 of the funds provided above be used to foster cross-
state licensing agreements that allow specialists to treat 
patients via telemedicine equipment. These funds may be used 
for one-time grants to State licensing boards or to support 
regional or national meetings that foster additional 
collaboratives similar to the Interstate Nurse Licensing 
Compact.
Pandemic Influenza
    The Committee has also included $870,000,000 for pandemic 
influenza activities, which represents the third installment to 
implement the Pandemic Influenza Preparedness Strategy. The 
Committee recognizes that influenza vaccine production 
facilities may soon come online that will bring the domestic 
influenza vaccine capacity within reach of the targets set by 
the preparedness strategy by early in the next decade. However, 
the Committee notes that even with this additional 
manufacturing capacity, supply of a pandemic vaccine 
manufactured after the detection of a potential pandemic would 
be extremely limited in the first weeks and months, and not 
reach everyone until 6 months after production begins. The 
Committee encourages the Department to invest in processes, 
adjuvants, contingency plans, and/or vaccine strategies that 
could address this potential shortcoming.
    The Committee is also concerned that the influenza vaccine 
production capacity in the United States will soon outpace 
demand by large numbers. The Committee encourages the 
Department to identify ways to increase demand for the annual 
influenza vaccine and to develop contingency plans to ensure 
that the hard-earned increase in domestic production is not 
short-lived.

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    The Committee recommends $13,000,000,000 for education for 
the disadvantaged.
Grants to Local Educational Agencies
    The Committee recommends $11,000,000,000 for title I grants 
to local educational agencies [LEAs], which shall be available 
through September 30, 2010. From this amount, $5,500,000,000 
shall be allocated through the targeted formula and the same 
amount through the education finance incentive grant formula. 
LEAs must spend at least 15 percent of their total allocations 
for early childhood education.
School Improvement Grants
    The Committee recommends $2,000,000,000 for the School 
Improvement Grants program, which enables States to provide 
assistance to schools not making adequate yearly progress for 
at least 2 years. The Committee strongly urges the Department 
to encourage States to use 40 percent of their allocations for 
middle and high schools.

                      School Improvement Programs

    The Committee recommends an additional $17,070,000,000 for 
school improvement programs.
Educational Technology State Grants
    The Committee recommends an additional $1,000,000,000 for 
educational technology State grants. Under the authorizing 
statute, States must use 50 percent of their allocations for 
competitive grants and distribute 50 percent to local 
educational agencies [LEAs] through a formula based on each 
LEA's share of funds under title I, part A.
Education for Homeless Children and Youth
    The Committee recommends an additional $70,000,000 for 
carrying out education activities authorized by title VII, 
subtitle B of the Stewart B. McKinney Homeless Assistance Act. 
The Committee notes that the foreclosure crisis has caused a 
large increase in the number of homeless students; this funding 
will help districts provide transportation and other services 
to ensure that homeless students will not be uprooted from 
their school.
School Modernization
    The Committee recommends $16,000,000,000 for a new program 
to renovate, repair and build public schools, including early 
learning facilities.
    The purpose of this program is to reduce the staggering 
backlog of infrastructure improvements that are needed in the 
Nation's schools, in ways that will promote greater energy 
efficiency and provide students with greater access to 
information technology.
    The funding will be allocated to States on the basis of 
their share of the fiscal year 2008 title I allocations, after 
a 1 percent reservation of funds for outlying areas and Bureau 
of Indian Affairs schools, and a 2 percent reservation for 
local educational agencies [LEAs] that educate federally 
connected students or have federally owned land. Funding that 
is allocated to States will be allocated to LEAs partly by 
formula and partly by competition.
    The 100 LEAs in the Nation with the most poor children will 
be allocated their funding by formula, on the basis of the 
LEA's share of its State's title I allocation. These districts 
must give a priority to funding ``green'' projects. The rest of 
the funding will be awarded to LEAs on a competitive basis by 
the States, using criteria including: percentage of poor 
children; need for renovation, repair, and construction; plans 
to use ``green'' practices; capability to implement projects 
expeditiously; and the LEA's fiscal capacity.
    Permissible use of the funds include: renovating, 
repairing, and constructing public school buildings, including 
early learning facilities; repairing, replacing, or installing 
roofs, windows, heating, ventilation, or air conditioning 
systems; meeting fire and safety codes; reducing energy 
consumption; complying with the Americans with Disabilities 
Act; improving environmental conditions of school sites, 
including removing asbestos and reducing exposure to mold, 
mildew, and lead-based paint; upgrading or installing 
educational technology infrastructure; and broadening the use 
of school buildings to the community.

                           Special Education

    The Committee recommendation includes an additional 
$13,500,000,000 for Special Education. Of this amount, 
$13,000,000,000 is available for services to children with 
disabilities, age 3-21. The Committee intends for these funds 
to be used to enhance services to and outcomes for such 
children with disabilities and strongly encourages the 
Department to engage in appropriate oversight and monitoring to 
accomplish this objective. Local educational agencies must 
spend not less than 15 percent of their Part B funds on early 
childhood education. The remaining $500,000,000 available 
within this account is for State Grants for Infants and 
Families.

            REHABILITATION SERVICES AND DISABILITY RESEARCH

    The Committee recommendation includes $610,000,000 for 
Rehabilitation Services and Disability Research. Of this 
amount, $500,000,000 is available for additional support for 
State vocational rehabilitation services. The Committee intends 
for these funds to reduce or eliminate waiting lists and expand 
services to underserved or unserved disabled populations. The 
Committee encourages the Department to ensure that this 
investment leads to improved employment outcomes for the 
disabled.
    The Committee recommendation also includes a total of 
$110,000,000 in additional support for independent living 
services for the disabled. From this amount, $75,000,000 is for 
the Centers for Independent Living program, $25,000,000 for 
Services for Older Blind Individuals and $10,000,000 for State 
Grants for Independent Living. Of the funds made available for 
Centers for Independent Living, the Department should ensure 
that these funds are used to expand services to persons with 
disabilities, particularly for those in areas that are 
currently underserved.

                      Student Financial Assistance

    The Committee has included $13,869,000,000 for Pell Grants. 
These funds are sufficient 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.
    The Committee has also included $61,000,000 for Federal 
Perkins loans capital contributions. The Federal Perkins loan 
program supports student loan revolving funds built up with 
capital contributions to participating institutions.

                            Higher Education

    The Committee has included $100,000,000 for Teacher Quality 
Partnership Grants. The purpose of the Teacher Quality 
Partnership Grants program is to improve the quality of new 
teachers and to recruit highly qualified individuals, including 
minorities and individuals from other occupations, into the 
teaching force.

                      Higher Education Facilities

    The bill includes $3,500,000,000 for facility modernization 
and instructional equipment for institutions of higher 
education. The funds would be distributed to States by formula 
in proportion to the State's share of full-time equivalent 
undergraduate students. States must give priority to the needs 
of institutions that serve high numbers of minority students 
and those that have been impacted by a major disaster and to 
projects that improve energy efficiency. The Committee 
recognizes the major contribution made by community colleges in 
retraining America's workers and has included bill language 
requiring States to direct a proportionate share of the funding 
to community colleges.

                        Departmental Management

                    OFFICE OF THE INSPECTOR GENERAL

    The Committee recommendation includes $4,000,000 for the 
Office of the Inspector General to ensure appropriate oversight 
of funds available to and activities supported by the 
Department of Education. The Committee expects to be notified 
immediately of any issues that are identified during such 
audits and oversight work.

                            RELATED AGENCIES

             CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

                           Operating Expenses

    The Committee has included $160,000,000 for AmeriCorps 
programs, including $13,000,000 for research related to 
volunteer service and $6,000,000 for upgrades to information 
technology, including a full replacement of the AmeriCorps 
portal.
    The Committee has included bill language setting aside 
$65,000,000 for additional AmeriCorps VISTA members. The 
Committee is aware that small non-profits are responding to 
growing community needs while experiencing declining donations. 
VISTA members are well suited to assist these non-profits due 
to their unique mission to alleviate poverty and the ability of 
VISTA members to be placed in organizations too small to 
administer Federal grants. The Corporation shall waive any 
cost-sharing requirements as part of an effort to target these 
resources to the organizations most in need of assistance.
    The Committee recommendation also includes $1,000,000 as a 
supplemental payment to State Commissions on Volunteer Service 
to account for the cost of additional applications, and 
$10,000,000 to support additional members in the National 
Civilian Community Corps. The Committee encourages the Corps to 
give priority to community applications that alter the built 
environment in ways that promote healthy behaviors such as the 
creation of bike and walking trails.

                         National Service Trust

    The Committee has included $40,000,000 to support the 
additional members and offset any losses incurred as a result 
of declining interest rates. Funds are available until expended 
and may be invested immediately upon enactment. The Committee 
has included language allowing the Corporation to transfer 
additional funds to the Trust if the CEO determines that it is 
necessary to support the members and upon notification of the 
Committees on Appropriations of the House of Representatives 
and the Senate.

                     SOCIAL SECURITY ADMINISTRATION

                 Limitation on Administrative Expenses

    The Committee recommendation includes an additional 
$890,000,000 for the Limitation on Administrative Expenses 
account of the Social Security Administration. From this 
amount, up to $750,000,000 is available for the replacement of 
the National Computer Center and associated information 
technology costs. The Committee expects a briefing on site 
selection and design/construction, prior to the solicitation of 
bids for these activities.
    The recommendation includes $140,000,000 for information 
technology initiatives that can be undertaken immediately, 
including activities related to electronic medical records. The 
Committee requests that the Commissioner provide an operating 
plan describing the planned uses of these funds not later than 
60 days after enactment of this act.

                      Office of Inspector General

    The Committee recommendation includes $3,000,000 for the 
Office of Inspector General to ensure appropriate oversight of 
funds available to and activities supported by the Social 
Security Administration. The Committee expects to be notified 
immediately of any issues that are identified during such 
audits and oversight work.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 801. The Committee bill includes a provision 
authorizing the collection of data and issuance of reports on 
the impact of past and future minimum wage increases.
    Sec. 802. The Committee bill includes a provision 
establishing a Federal Coordinating Council for Comparative 
Clinical Effectiveness Research.
    Sec. 803. The Committee bill includes a provision 
authorizing grants for higher education facility modernization, 
renovation, and repair.
    Sec. 804. The Committee bill includes a provision 
authorizing a new school modernization program.
    Sec. 805. The Committee bill includes a provision 
authorizing the transfer of up to 1 percent of funds made 
available to the Department of Labor for necessary expenses 
related to enforcement of worker rights and protections related 
to and administration and coordination of activities funded 
under this act.
    Sec. 806. The Committee bill includes a provision amending 
the Longshore and Harbor Workers' Compensation Act.

                      TITLE IX--LEGISLATIVE BRANCH

                    GOVERNMENT ACCOUNTABLIITY OFFICE

                         Salaries and Expenses

    The bill includes $20,000,000 for the Government 
Accountability Office to hire temporary personnel and obtain 
contract services to support the agency's oversight role in the 
economic stimulus package.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 901. Charges the Government Accountability Office with 
bi-monthly reviews and reporting on selected State's and 
locality's use of the funds provided in the economic recovery 
effort. All GAO audits of stimulus funds are to be posted on 
the Internet immediately and linked to the website established 
by the Recovery Accountability and Transparency Board. GAO is 
authorized to examine any records related to recovery act 
obligations.
    Sec. 902. Provides GAO authority to examine any contract 
awarded under this act and to interview relevant employees.

   TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED 
                                AGENCIES

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                                Overview

    The Committee recommends an investment of $3,012,922,000 in 
military construction and family housing to enhance the quality 
of life for America's military personnel and their families, to 
provide new and sustained employment in the construction 
industry, and to stimulate economic activity associated with 
construction-related materials, supplies, and equipment. The 
Army Corps of Engineers and the Naval Facilities Engineering 
Command, in conjunction with the Association of General 
Contractors of America, estimate that every $1,000,000,000 in 
infrastructure investment will generate and sustain more than 
28,500 jobs in construction, material supply, and support 
activities.
    In an effort to achieve a speedy and broad-based economic 
impact, the Committee focused on funding projects that can be 
initiated in fiscal year 2009, that have the potential to touch 
a large number of communities throughout the country, and that 
could be absorbed into the current workload of the Army Corps 
of Engineers and Naval Facilities Engineering Command. In 
particular, the Committee sought out quality of life and family 
friendly projects, including child development centers, health 
and dental clinics, family housing, warrior transition 
complexes, barracks and dormitories, and National Guard 
community facilities.
    The Committee recommendation also includes energy 
conservation and alternative energy projects. As the largest 
consumer of energy in the Federal Government, the Department of 
Defense has made energy efficiency a major component of new 
construction. As a result, newly constructed facilities such as 
dormitories can produce a 30-40 percent savings in energy. In 
addition to the increased energy efficiency of new 
construction, the Committee recommendation includes 
$612,922,000 in direct funding for energy-related construction 
and upgrades at military installations throughout the country, 
including solar and wind power systems, photovoltaic roof 
panels, and advanced metering. As well as contributing to 
energy efficiency and innovation within the Department of 
Defense, these projects have the potential to stimulate 
construction and manufacturing jobs in the energy and 
alternative energy industry.
    The projects identified by the services as ones on which 
work could commence in fiscal year 2009 include a wide range of 
needed infrastructure investments across 47 States and the 
District of Columbia. To achieve the desired economic stimulus, 
the Committee expects the Department to apply this funding 
exclusively to projects within the United States. To provide 
oversight of the funding, the Committee recommendation requires 
the services and the Department to submit expenditure plans to 
the Committees on Appropriations of both Houses of Congress 
before obligating funds.
    Homeowners Assistance Program.--The Committee 
recommendation includes $410,973,000 for the Homeowners 
Assistance Fund to expand the Homeowners Assistance Program 
[HAP] to wounded warriors and qualified military and civilian 
personnel who receive orders to relocate and cannot sell their 
homes or face steep losses due to the current mortgage crisis. 
The current HAP is intended to assist military and civilian 
homeowners whose home value declines below the market value as 
a direct result of an economic downturn associated with the 
closure or realignment of an installation under the Base 
Closure and Relocation program [BRAC].
    The Committee is concerned about the impact of the current 
mortgage crisis on military personnel and their families who 
must involuntarily relocate for a variety of reasons, including 
a BRAC action, a permanent change of station, or a medical 
transfer to receive care for combat injuries. Because of the 
nationwide collapse of the real estate market, it is difficult 
for a service member to demonstrate that a decline in home 
value is solely the result of a BRAC action. In addition, 
service members who receive orders to move, wounded warriors, 
and surviving spouses may also be confronted with the need to 
sell their homes quickly, and face the prospect of selling at a 
loss or being forced into foreclosure. The Department of 
Defense estimates that the need for homeowners assistance could 
more than double as a result of the mortgage crisis, and 
recommends temporarily expanding the availability of HAP to 
include personnel affected by all BRAC moves and permanent 
change of station moves, and to extend the program to wounded 
warriors who are relocating for medical reasons or to surviving 
spouses.

                      Military Construction, Army

    The Committee recommends $637,875,000 for Military 
Construction, Army, including $84,100,000 for child development 
centers, $481,000,000 for warrior transition complexes, and 
$42,400,000 for health and dental clinics. In addition to 
providing an immediate economic stimulus in local communities 
within the United States, these construction projects will 
directly enhance the quality of life for military personnel and 
their families by improving access to health care, assisting in 
the transition of wounded warriors and their families, and 
broadening access to child care. Before expending or obligating 
any funds provided under this heading, the Secretary of the 
Army is required to submit an expenditure plan to Congress 
detailing the proposed use of the funds.

              Military Construction, Navy and Marine Corps

    The Committee recommends $990,092,000 for Military 
Construction, Navy and Marine Corps, including $172,820,000 for 
child development centers, $174,304,000 for barracks 
construction, repair, and improvement, $125,000,000 for health 
clinic replacement, and $494,362,000 for energy conservation 
and alternative energy projects within the United States. The 
Navy has indicated that barracks construction is particularly 
needed for Marine Corps installations that will be impacted by 
the Grow the Force initiative, which will increase the Marine 
Corps end strength by 27,000 marines by 2011. A recent 
Government Accountability Office report noted that the majority 
of new units will be established at Marine Corps installations 
before permanent facilities to accommodate the additional 
personnel are complete. In addition to providing a construction 
stimulus, the barracks funding will help to address the 
impending shortfall in Marine Corps troop housing. Before 
expending or obligating any funds provided under this heading, 
the Secretary of the Navy is required to submit an expenditure 
plan to Congress detailing the proposed use of the funds.

                    Military Construction, Air Force

    The Committee recommends $871,332,000 for Military 
Construction, Air Force, including $80,100,000 for child 
development centers, $612,246,000 for dormitory construction, 
and $138,100,000 for health clinic repair and replacement 
within the United States. Before expending or obligating any 
funds provided under this heading, the Secretary of the Air 
Force is required to submit an expenditure plan to Congress 
detailing the proposed use of the funds.

                  Military Construction, Defense-Wide

    The Committee recommends $118,560,000 for Military 
Construction, Defense-Wide, for the Energy Conservation 
Investment Program [ECIP]. The Committee continues to strongly 
support the Department of Defense's efforts to improve energy 
conservation and promote alternative energy resources, and 
believes that there are a number of meritorious projects at 
Army, Navy, Marine Corps, and Air Force installations that 
could be executed immediately through ECIP. These projects will 
reduce energy costs, promote investment in the alternative 
energy industry, and provide construction and manufacturing 
jobs throughout the United States. Before expending or 
obligating any funds provided under this heading, the Secretary 
of Defense is required to submit an expenditure plan to 
Congress detailing the proposed use of the funds.

               Military Construction, Army National Guard

    The Committee recommends $150,000,000 for Military 
Construction, Army National Guard, for readiness centers. Army 
National Guard readiness centers are not concentrated on large 
military installations, but rather support a widely dispersed 
community-based force throughout the United States, and the 
Committee therefore recommends this level of funding as a 
quickly executable local construction stimulus that will 
enhance the readiness of the Army Guard force. Before expending 
or obligating any funds provided under this heading, the 
Director of the Army National Guard is required to submit an 
expenditure plan to Congress detailing the proposed use of the 
funds.

               Military Construction, Air National Guard

    The Committee recommends $110,000,000 for Military 
Construction, Air National Guard. The Air National Guard 
identified a wide range of projects that could be executed 
quickly and would improve energy conservation efforts and 
operational readiness at installations within the United 
States. Before expending or obligating any funds provided under 
this heading, the Director of the Air National Guard is 
required to submit an expenditure plan to Congress detailing 
the proposed use of the funds.

                   Family Housing Construction, Army

    The Committee recommends $34,570,000 for Family Housing 
Construction, Army, for construction and improvements to family 
housing within the United States to provide jobs in the 
construction industry, enhance quality of life for Army 
families, and provide increased energy efficiency through 
advanced construction techniques.

             Family Housing Operation and Maintenance, Army

    The Committee recommends $3,932,000 for Family Housing 
Operation and Maintenance, Army, for necessary maintenance and 
repairs of family housing within the United States, including 
energy saving upgrades.

                 Family Housing Construction, Air Force

    The Committee recommends $80,100,000 for Family Housing 
Construction, Air Force, for the replacement and renovation of 
family housing within the United States to stimulate the 
construction industry, enhance quality of life, and provide 
increased energy efficiency.

          Family Housing Operation and Maintenance, Air Force

    The Committee recommends $16,461,000 for Family Housing 
Operation and Maintenance, Air Force, for necessary maintenance 
and repairs of family housing within the United States, 
including energy saving upgrades.

                       Homeowners Assistance Fund

    The Committee recommends $410,973,000 for the Homeowners 
Assistance Fund to temporarily expand the Homeowners Assistance 
Program during the current mortgage crisis.

                        Administrative Provision

    Sec. 1001. The Committee includes a provision temporarily 
extending the availability of certain benefits under the 
Homeowners Assistance Program during the national mortgage 
crisis.

                     DEPARTMENT OF VETERANS AFFAIRS

                                Overview

    The Committee recommends a total of $3,944,100,000 for the 
Department of Veterans Affairs [VA]. The additional funding is 
specifically targeted at infrastructure recapitalization 
projects, energy efficiency projects, and Information 
Technology projects that will continue to modernize the VA and 
enhance service delivery, while also providing a needed boost 
in economic activity. During the course of developing the 
included recommendations, the Committee requested and was 
provided technical service documentation from the VA regarding 
unfunded construction requirements which could be executed in 
fiscal years 2009 and 2010. This documentation showed unfunded, 
executable construction and infrastructure repair projects in 
all 50 States. Included in the Committee recommendation is 
$328,931,000 for the Department to initiate a number of energy 
conservation projects. Investments in wind turbine systems, 
rooftop solar photovoltaic power systems, and water 
conservation measures will contribute to energy efficiency 
within the VA. The Committee has continued its practice of not 
earmarking specific VA construction projects and has provided 
the additional funding in a lump sum. The VA estimates that 
every $1,000,000,000 provided through its construction and 
infrastructure accounts will support between 25,000 and 30,000 
jobs.

                     Veterans Health Administration

                     MEDICAL SUPPORT AND COMPLIANCE

    The Committee recommendation includes $5,000,000 for 
Medical Support and Compliance to support contract 
administration associated with the additional infrastructure 
repairs, minor construction, and execution of energy 
initiatives at existing Veterans Health Administration [VHA] 
facilities. The increased funding should be sufficient to fund 
at least two new employees for each Veterans Integrated Service 
Network.

                           MEDICAL FACILITIES

    The Committee recommendation includes $1,370,459,000 for 
the Veterans Health Administration to address facility 
deficiency projects and repairs at existing facilities. There 
is currently more than a $5,000,000,000 backlog to correct code 
violations and make infrastructure repairs at facilities spread 
throughout the United States in every Veterans Integrated 
Service Network. The Committee has made a concerted effort over 
the past several years to address this need by increasing 
funding above what has been requested by the Department. 
However, as the average age of existing VHA facilities is 55 
years, more code violations are discovered on a frequent basis. 
The additional funds which are executable in fiscal years 2009 
and 2010 are to be used to address the backlog, perform other 
infrastructure repairs and non-recurring maintenance, and 
initiate energy conservation projects at existing facilities. 
Infrastructure repair and renovations funded through Medical 
Facilities are typically contracted to local contractors 
providing an economic benefit to the surrounding community.

                    National Cemetery Administration

    The Committee recommendation includes $64,961,000 for the 
National Cemetery Administration for capital infrastructure 
repairs, memorial and monument repairs, and energy conservation 
projects.

                      Departmental Administration

                       GENERAL OPERATING EXPENSES

    The Committee recommendation includes $1,125,000 for 
General Operating Expenses for additional staff to support 
project execution and contract administration associated with 
major construction projects.

                     INFORMATION TECHNOLOGY SYSTEMS

    The Committee recommendation includes $195,000,000 for 
Information Technology systems. Of the funding provided, 
$145,000,000 is to be used for the Veterans Benefits 
Administration to develop paperless claims processing, and 
$50,000,000 is to complete development of systems required to 
implement the new GI bill education benefit.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommendation includes $4,400,000 for the 
Office of Inspector General to provide independent oversight 
audits of the programs, projects, and grants funded under this 
title.

                      CONSTRUCTION, MAJOR PROJECTS

    The Committee recommendation includes $1,105,333,000 for 
major project construction for the Veterans Health 
Administration and National Cemetery Administration. Recent 
inadequate budget submissions from the Department have caused a 
serious lag in the construction of new hospitals and clinics. 
The VA estimates that every $1,000,000,000 in construction 
funding generates in excess of 25,000 jobs, as well as 
sustained facility employment. The recommendation includes 
$993,833,000 to expedite those hospitals already under 
construction as well as jump-start those projects that are 
currently ready for execution but lack adequate funding. 
Included in this recommendation for VHA is $89,863,000 for 
physical security projects at medical facilities. The 
recommendation also includes $111,500,000 for the National 
Cemetery Administration to undertake major construction 
associated with gravesite expansion and cemetery construction.

                      CONSTRUCTION, MINOR PROJECTS

    The Committee recommendation includes $939,836,000 for 
minor construction. In technical service documentation provided 
to the Committee, the VA shows a number of unfunded minor 
construction projects that can be executed in fiscal years 2009 
and 2010. These projects are spread throughout the country in 
every Veterans Integrated Service Network. The VA defines minor 
construction as projects which cost less than $10,000,000.

       GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

    The Committee recommendation includes $257,986,000 for 
Grants for Construction of State Extended Care Facilities. The 
VA provides grants to assist States in acquiring or 
constructing State veterans home facilities for furnishing 
domiciliary or nursing home care to veterans. The program also 
funds the expansion, remodeling, or altering of existing State 
veterans homes. For decades this program has been a successful 
partnership between the States and the VA in meeting the long-
term care needs of veterans. The VA's pending application list 
for fiscal year 2009 shows a need of almost $434,000,000 in 
priority group one. In order to be listed in priority group 
one, the project must have State matching funds, remedy a life/
safety deficiency, renovate an existing home, or address the 
need for new beds in a State. This additional funding, combined 
with funding provided in the fiscal year 2009 appropriations 
act, will ensure that the VA will be able to fund the remaining 
projects that fall within priority group one.

                        Administrative Provision

    Sec. 1002. The Committee includes a provision which 
authorizes certain benefits for persons who served in the 
United States Armed Forces in the Far East during World War II.

                             RELATED AGENCY

                      DEPARTMENT OF DEFENSE--CIVIL

                       Cemeterial Expenses, Army

                         SALARIES AND EXPENSES

    The Committee recommendation includes $60,300,000 for 
Arlington National Cemetery, for the completion of site 
development associated with the cemetery's expansion, 
columbarium construction, and relocation of utilities. These 
site development efforts will provide additional grave and 
columbarium space and expand the operational area so that 
funeral services can be conducted simultaneously.

       TITLE XI--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

    The Committee recommends $180,500,000 for ``Diplomatic and 
Consular Programs'' for immediate facilities requirements 
located in the United States. These investments will create 
approximately 1,436 jobs in the United States and improve the 
efficiency of the Department of State's domestic operations. Of 
the funds, up to $45,000,000 for the Border Security program 
shall be for construction of a visa security facility and 
additional passport agencies throughout the United States to 
accept and adjudicate passport applications, especially to meet 
the increased demand for passports or equivalent documents. 
These funds will improve the capacity and efficiency of 
passport operations and improve services to American citizens. 
Increased passport demand is attributed in part to the Western 
Hemisphere Travel Initiative, which becomes effective June 1, 
2009 and requires proof of citizenship to travel within the 
Western Hemisphere. The Committee recommends that the Secretary 
of State locate new passport agencies in gateway airports and 
border communities based on demand for same-day passports and 
to further cross-border commerce.
    The Committee recommendation includes up to $75,000,000 for 
the Worldwide Security Protection program for construction of a 
consolidated security training facility in the United States. 
Funds will improve the overall security of United States 
diplomatic functions by increasing the capacity and quality of 
training. In addition, $60,500,000 is provided to consolidate 
overseas operations back in the United States to improve the 
efficiency of human resources and diplomatic support functions.
    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 provided under this heading. 
With respect to passport facilities, the plan is to be 
developed in consultation with the Department of Homeland 
Security and the General Services Administration to coordinate 
construction with other Federal facilities, to the extent 
feasible. Funds provided under this heading shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                        CAPITAL INVESTMENT FUND

    The Committee recommends $524,000,000 for ``Capital 
Investment Fund'' for immediate information technology 
upgrades, which will create approximately 388 jobs in the 
United States. This investment will address deferred 
maintenance and upgrades to improve the efficiency of 
Department of State operations. Of the funds, up to 
$120,000,000 is provided for design and construction of a 
backup information management facility in the United States to 
protect the Department of State from mission technology 
failures. Reviews after the terrorist attacks of September 11, 
2001 identified the lack of a redundant or back-up 
communications facility as a security vulnerability. In 
addition, $98,527,000 is provided to support the Comprehensive 
National Cybersecurity Initiative to prevent and address 
cybersecurity threats. Finally, the bill provides $305,473,000 
for immediate upgrades to the Department's information 
technology platforms.
    The Committee directs 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. The Committee further encourages 
cooperation between the Department of State and the United 
States Agency for International Development on cybersecurity 
activities.
    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 provided under this heading. 
Funds provided under this heading shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $2,000,000 for the Department of 
State Office of Inspector General to conduct oversight of 
programs funded in this act.

                       INTERNATIONAL COMMISSIONS

 International Boundary and Water Commission, United States and Mexico

                              CONSTRUCTION

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $224,000,000 for ``Construction'' 
to be used for immediate repair and rehabilitation requirements 
in the water quantity program, which will upgrade flood control 
levees along 506 miles of international river waters and create 
approximately 305 jobs in the United States. The International 
Boundary and Water Commission identified unfunded needs in the 
fiscal year 2009 budget request in immediate infrastructure 
upgrades necessary to rehabilitate the following projects: Rio 
Grande Flood Control System, Safety of Dams, Colorado Boundary, 
and Capacity Preservation. These investments are necessary as a 
result of deferred maintenance and a series of natural 
disasters that significantly degraded levees on the United 
States border with Mexico and interior floodwater levees in the 
United States. These investments will address an identified 
weakness in management of boundary waters and protect border 
communities from natural disaster. Within the funds provided, 
$2,000,000 may be transferred to the ``Salaries and Expenses'' 
account for management and oversight of the construction 
program.
    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 provided under this heading. 
Funds provided under this heading shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                        CAPITAL INVESTMENT FUND

    The Committee recommends $100,000,000 for immediate 
information technology modernization and upgrades to address 
deferred maintenance. These investments will create 
approximately 300 jobs in the United States. Of the funds, up 
to $34,000,000 shall be for information technology 
modernization programs, and $35,000,000 shall be available for 
the Global Acquisition System to improve accountability of 
agency resources. These funds are necessary to improve the 
efficiency of procurement, payroll, and administration of 
foreign assistance of the United States Agency for 
International Development.
    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 provided under this heading. 
Funds provided under this heading shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                DEVELOPMENT OFFICE OF INSPECTOR GENERAL

    The Committee recommends $500,000 for the United States 
Agency for International Development Office of Inspector 
General to conduct oversight of programs funded in this act.

   TITLE XII--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND 
                            RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

    The Committee recommends $45,467,750,000 for the Department 
of Transportation for investments in our Nation's 
transportation infrastructure. The transportation investments 
funded in this bill will create jobs across the country, and 
play an important role in the economic recovery of local 
communities and the Nation. In addition, the investments we 
make today in our Nation's transportation infrastructure will 
sustain economic activity long after our current troubles are 
behind us.

                        Office of the Secretary

SUPPLEMENTAL DISCRETIONARY GRANTS FOR A NATIONAL SURFACE TRANSPORTATION 
                                 SYSTEM

    The Committee recommends $5,500,000,000 for grants to State 
and local governments to make investments in the Nation's 
surface transportation infrastructure. The Secretary of 
Transportation must award these grants solely on a competitive 
basis, and select projects that will make a significant impact 
on the Nation, a metropolitan area, or a region. In order to 
ensure that these grants will produce jobs quickly, the bill 
directs the Secretary to give priority to projects that can be 
completed within 3 years. The Secretary must also give priority 
to projects that require this additional share of Federal funds 
in order to fill gaps in an overall financing plan, helping 
State and local governments invest in meaningful transportation 
projects whose completion would otherwise be out of reach due 
to their cost.
    The bill requires that, in making project selections, 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.
    The bill allows the funds provided for these competitive 
grants to be used on a wide variety of transportation 
investments. Eligible projects include investments in highways 
and bridges, including but not limited to 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. Eligible projects also include public 
transportation investments, including contributions to projects 
participating in the New Starts or Small Starts programs if the 
funds will expedite the completion of the project and its entry 
into revenue service. Finally, eligible projects include 
investments in passenger and freight rail transportation and 
port infrastructure, including projects that connect different 
modes of transportation and improve the efficiency of freight 
movement.
    Because this program will fund projects in number of 
different modes of transportation, the Committee expects the 
Secretary to take advantage of the expertise to be found at the 
modal administrations, and to accept assistance in evaluating 
grant applications from the Federal Highway Administration, the 
Federal Transit Administration, the Federal Railroad 
Administration, and the Maritime Administration. The bill 
allows the Secretary to use $5,000,000 of the appropriated 
funds for administrative and oversight activities, and to 
transfer portions of this funding to the appropriate modal 
administrations as needed.
    In administering this grant program, the Secretary will 
provide two separate opportunities to receive funding by 
awarding two sets of grants. The first set of grants will be 
funded from the $5,500,000,000 appropriated directly to this 
program. Applications for this funding will be due within 180 
days of the date of the bill's enactment, and the Secretary 
must announce the final project selections within 1 year. The 
second set of grants will be funded from amounts transferred to 
this program through the ``use-or-lose'' provisions applying to 
the highway and transit formula funding included in this bill. 
Those transfers are discussed in more detail later in this 
report. Applications for grants paid out of the transferred 
amounts are due within 1 year of the bill's enactment, and the 
Secretary must announce the final project selections within 6 
months of that date.
    The Committee expects the Secretary to maintain a grant 
application process that is transparent, fair, and accessible 
to all interested parties. Within 75 days of the bill's 
enactment, the Secretary must publish a set of criteria on 
which project selections will be based. The Committee expects 
the Secretary to publicize these criteria to all possible grant 
applicants. The Committee also expects the Secretary to adhere 
rigorously and consistently to the published criteria, and 
fairly measure all applications against those criteria. 
Finally, while the Committee understands that State and local 
governments may want to revisit their applications and resubmit 
them before the 1-year deadline, the Secretary must conduct a 
fresh competition for the second set of grants rather than view 
them as an opportunity to provide consolation to disappointed 
applicants from the first competition.
    The Committee directs the Secretary to submit quarterly 
reports to the House and Senate Committees on Appropriations on 
the implementation of the bill. For each of the programs funded 
under the bill for the Department of Transportation, these 
reports shall include a summary of activities already 
conducted, a summary of planned activities, the amount of 
funding obligated, and the amount of funding expended.

                    Federal Aviation Administration

           SUPPLEMENTAL FUNDING FOR FACILITIES AND EQUIPMENT

    The Committee recommends $200,000,000 for investments in 
the facilities and equipment of the Federal Aviation 
Administration [FAA]. The FAA provides air traffic control 
services 24 hours a day, protecting the safety of the traveling 
public and maintaining an efficient air transportation system. 
This system depends on the ability of the FAA's air traffic 
control workforce to do their jobs at the highest levels of 
performance every day. However, the facilities and equipment 
that the air traffic controllers use to perform their jobs are 
not in sustainable condition. Significant repairs and 
replacements are required.
    The Committee's recommendation includes $50,000,000 to make 
necessary improvements to the FAA power systems, including the 
replacement of batteries, engine generators, and cables in 
order to maintain reliable sources of back-up power; 
improvements to power systems at air traffic control 
facilities; and lightning protection. The FAA has identified 
these investments in its power systems as a critical near-term 
necessity.
    The recommendation also includes $50,000,000 for the 
modernization of air route traffic control centers, the 
facilities where the FAA conducts air traffic control over 
airspace in the en route environment. These facilities are over 
50 years old and in poor condition. The funding provided in the 
bill will address the significant backlog of necessary repairs.
    The recommendation also includes $80,000,000 to replace air 
traffic control towers and terminal radar approach control 
facilities that have aged beyond their expected lifespan. Many 
of these projects have completed engineering and design work, 
and the Committee expects the FAA to enter contracts and begin 
construction on these projects within 6 months.
    Finally, the recommendation includes $20,000,000 for the 
installation of airport lighting, and navigation and landing 
equipment. There is currently a backlog for the installation of 
instrument landing systems. This funding will address those 
needs, add capacity, and improve safety at airports across the 
country.
    The decision as to which FAA facilities will benefit from 
the funding made available for all of the facilities and 
equipment described above shall be left entirely to the 
Secretary.

        SUPPLEMENTAL DISCRETIONARY GRANTS FOR AIRPORT INVESTMENT

    The Committee recommends $1,100,000,000 for investments in 
airport infrastructure. The bill clarifies that such 
investments may include the procurement, installation and 
commissioning of runway incursion prevention devices and 
systems, as well as on the purchase of firefighting and safety 
equipment to meet the requirements of airport certification 
under part 139 of title 14 of the Code of Federal Regulations. 
The bill directs the Secretary of Transportation to distribute 
this funding as discretionary grants and to give priority to 
projects that demonstrate an ability to be completed within 2 
years. The Federal share of these airport grants shall be 100 
percent.
    The bill requires that projects funded with these airport 
grants be included in an airport layout plan. However, the 
Committee also believes that these grants should serve to 
increase the amount of investment currently planned for airport 
infrastructure. As such, the bill directs the Secretary to give 
priority to those projects that demonstrate their ability to 
supplement rather than supplant spending planned from airport-
generated revenues or from other State and local sources on 
such activities.
    Finally, the bill includes a provision that allows the 
Administrator of the Federal Aviation Administration to use up 
to one-quarter of 1 percent of the funds provided for awarding 
and overseeing these supplemental airport grants.

                     Federal Highway Administration

               SUPPLEMENTAL GRANTS FOR HIGHWAY INVESTMENT

    The Committee recommends $27,060,000,000 for highway 
investments. The vast majority of these funds will be 
apportioned by formula to State departments of transportation 
and local governments. The bill apportions the funds according 
to the formula authorized under current highway law for the 
Surface Transportation Program, an authorized part of the 
overall Federal-aid Highway program. In addition, it is likely 
that additional billions of dollars will be available for 
highway investments through the ``Supplemental Discretionary 
Grants for a National Surface Transportation System'' that will 
be allocated competitively through the Office of the Secretary.
    The apportioned funds may be used for capital projects 
eligible for funding under the Surface Transportation Program. 
Such projects include, but are not limited to, highway 
rehabilitation and restoration, bridge repair, infrastructure 
investments that improve highway safety, highway resurfacing, 
and seismic retrofit projects for bridges. The bill also 
authorizes grant recipients to use this funding to invest in 
projects that address stormwater runoff, passenger and freight 
rail transportation, and port infrastructure. Finally, the bill 
requires that States spend at least 5 percent of their 
apportioned funding on activities eligible under the Congestion 
Mitigation and Air Quality [CMAQ] Improvement program, another 
authorized part of the overall Federal-aid Highway program. 
Such activities include, but are not limited to, diesel 
retrofits, congestion mitigation, parking facilities, and 
traffic flow improvements.
    In order to balance the need to make immediate use of the 
highway funding with the need to make meaningful investments in 
our Nation's transportation, the bill distributes the 
apportioned funds in two parts. All of the funds will be 
apportioned as soon as possible after the date of enactment of 
the bill, but half of the funds will be required to be 
obligated within 180 days while the other half will be required 
to be obligated within 1 year.
    The first half of the apportioned funds are intended for 
immediate investments in highway infrastructure that provide a 
quick infusion of money into local economies to spur job 
creation. This funding will be available for use within 180 
days, and it will be apportioned exclusively to States. In 
order to enforce the immediate use of these funds, the 
Committee has included a ``use-or-lose'' provision in the bill. 
After 180 days, the bill requires the Secretary to withdraw 
from each State any unobligated balances from this half of the 
apportioned funds. The bill requires the Secretary to 
redistribute these balances among the States that were able to 
obligate all of the funding provided to them for immediate 
investment.
    The second half of the apportioned funds, plus any funds 
redistributed after the first 180 days, are intended to be 
obligated within 1 year on more meaningful investments in 
highway infrastructure. The Committee believes these 
investments will support local economies and job creation over 
a longer period of time. Although these funds are meant for 
such longer-term benefits, the Committee still intends grant 
recipients to make prompt use of the funding provided to them. 
For this reason, the bill includes a second ``use-or-lose'' 
provision. After 1 year, the bill requires the Secretary to 
withdraw all unobligated balances from each recipient of 
apportioned funds. The bill requires the Secretary to transfer 
these balances to the account for ``Supplemental Discretionary 
Grants for a National Surface Transportation System,'' a 
separate program funded in the bill. This program provides 
discretionary grants for transportation investments and is 
described in detail earlier in this report.
    Unlike the first half of the apportioned funding, which 
will be provided exclusively to the States, fully 80 percent of 
the second half of the apportioned will be allocated to local 
jurisdictions in all 50 States. As such, 40 percent of the 
total amount of highway funding to be distributed by formula 
will be provided to local jurisdictions.
    The Committee recognizes that there may be extenuating 
circumstances that prevent a grant recipient from obligating 
all of the funding provided to it. In particular, the Committee 
is concerned that a large investment of transportation funding 
provided all at one time with a single national deadline for 
obligation may drive up contractor prices and create an 
unworkable bidding environment. For extreme situations in which 
a grant recipient faces such an unworkable bidding environment 
or other extenuating circumstances, the bill gives the 
Secretary the authority to extend the 1-year period for funding 
obligation at the request of a grant recipient. Before granting 
an extension, however, the Secretary must send a letter to the 
House and Senate Committees on Appropriations that provides a 
thorough justification for the extension.
    Within the total amount of funding provided for highway 
investments, the Committee recommends $60,000,000 for ferry 
transportation systems. This funding is discussed in greater 
detail under the heading for the Maritime Administration.
    The Committee also recommends that of the total funding 
provided for highway investments, $500,000,000 shall be 
provided for transportation investments at Indian reservations 
and Federal lands. The bill includes language that priority for 
this funding shall be given to capital investments, and to 
projects that can be completed within 2 years.
    The Committee directs that $320,000,000 of the funds for 
Indian reservations and Federal lands shall be provided for the 
Indian Reservation Roads program [IRR]. The IRR program 
provides grants to tribes for transportation investments and 
distributes the grants by formula. The bill allows up to 4 
percent of the IRR funds to be used for the administration and 
oversight of the program. The Committee recommendation for 
Indian reservations and Federal lands also includes 
$100,000,000 for the Park Roads and Parkways program, which 
funds improvements to transportation infrastructure under the 
jurisdiction of the National Park Service; $70,000,000 for the 
Forest Highway program, which funds improvements to highways 
that provide access to and within the National Forest System; 
and $10,000,000 for the Refuge Roads program, which funds 
improvements to roads that provide access to and within the 
National Wildlife Refuge System.
    To ensure the prompt utilization of all funds provided for 
investments at Indian reservations and Federal lands, the bill 
includes language that requires the Secretary of Transportation 
to redistribute any funds that remain unobligated after 1 year. 
Any funds subject to such redistribution, however, must remain 
within the program component for which they were originally 
appropriated.
    For all projects funded with the $27,060,000,000 provided 
for highway investments, the bill provides that the Federal 
share may be up to 100 percent. The exact amount of the Federal 
share shall be solely at the discretion of the grant recipient. 
The bill also stipulates that provisions under current highway 
authorizing law relating to labor protection, environmental 
planning, and disadvantaged business enterprises shall apply to 
the highway funding apportioned under the bill.
    Finally, the bill allows the Administrator of the Federal 
Highway Administration to use up to $12,000,000 of the funds 
provided for highway investment to cover the cost of awarding 
and overseeing grants.

                    Federal Railroad Administration

   SUPPLEMENTAL GRANTS TO STATES FOR INTERCITY PASSENGER RAIL SERVICE

    The Committee recommends $250,000,000 for discretionary 
grants to States to provide capital assistance for improving 
intercity passenger rail service as well as maintaining 
existing passenger rail corridors. The Federal share of any 
grant for intercity passenger rail service shall be 100 
percent.
    The bill requires the Secretary of Transportation to give 
priority to projects that demonstrate an ability to be 
completed within 2 years, and to projects that will improve the 
safety and reliability of intercity passenger trains. The bill 
also requires that, in order to qualify for grant, a project 
must be on a Statewide Transportation Improvement Plan at the 
time of its application.
    Finally, the bill includes a provision that allows the 
Administrator of the Federal Railroad Administration to use up 
to one-quarter of 1 percent of the funds provided for awarding 
and overseeing the grants.

    SUPPLEMENTAL CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

    The Committee recommends $850,000,000 for capital grants to 
be provided directly to the National Railroads Passenger 
Corporation [AMTRAK] for projects that will maintain or improve 
the national system of intercity passenger rail, including the 
rehabilitation of rolling stock. The bill prohibits AMTRAK from 
spending more than 50 percent of the grant money on capital 
projects along the Northeast Corridor.
    The bill includes language directing the AMTRAK Board of 
Directors to give priority to those projects that will expand 
the capacity of passenger rail, and to ensure that the projects 
are completed within 2 years. The bill also includes language 
that directs the Board ensure that the grants supplement rather 
than supplant the railroad's plans to invest in capital 
projects using Federal, State, local, and corporate sources of 
funding. The bill requires the Board to certify to the House 
and Senate Committees on Appropriations its compliance with the 
requirement that grants supplement and not supplant the 
AMTRAK's capital program.

                    HIGH-SPEED RAIL CORRIDOR PROGRAM

    The Committee recommends $2,000,000,000 for discretionary 
grants for capital projects in designated high-speed rail 
corridors, as authorized under section 26106 of title 49, 
United States Code. The Secretary may award these grants to a 
State, group of States, an interstate compact, a public agency 
that has been established by one or more States and has 
responsibility for providing high-speed rail service, or 
Amtrak. The funding provided for this program shall be 
available until September 30, 2011, and the Federal share of 
any high-speed rail grant shall be 100 percent.
    As required under authorization law, the Secretary shall 
select high speed rail projects that are anticipated to result 
in significant improvements to intercity rail passenger 
service, and to give greater consideration to projects that 
encourage intermodal connectivity, provide environmental 
benefits, and produce positive economic and employment impacts.
    The bill includes a provision that allows the Administrator 
of the Federal Railroad Administration to use up to one-quarter 
of 1 percent of the funds provided for awarding and overseeing 
the grants.

                     Federal Transit Administration

           SUPPLEMENTAL GRANTS FOR PUBLIC TRANSIT INVESTMENT

    The Committee recommends $8,400,000,000 for grants to make 
capital investments in public transportation systems. The vast 
majority of these funds will be apportioned by formula to local 
areas. The apportioned funds may be used for capital projects 
that include, but are not limited to, purchasing or 
rehabilitating a bus, overhauling rail rolling stock, 
conducting preventative maintenance, acquiring real property, 
conducting demolition work, and constructing or improving 
stations and terminals. In addition, it is likely that 
additional billions of dollars will be available for transit 
investments through the ``Supplemental Discretionary Grants for 
a National Surface Transportation System'' that will be 
competitively allocated through the Office of the Secretary.
    In order to balance the need to make immediate use of the 
public transit funding with the need to make meaningful 
investments in public transportation systems, the bill provides 
the apportioned funds in two parts. All of the funds will be 
apportioned as soon as possible after the enactment of the 
bill, but half of the funds are intended for use within 180 
days and the other half are intended for use within 1 year.
    The first half of the apportioned funds that the Committee 
provides for use within 180 days are intended for immediate 
investments in public transportation that provide a quick 
infusion of money into local economies and spur job creation. 
In order to enforce the immediate use of these funds, the 
Committee has included a ``use-or-lose'' provision in the bill. 
After 180 days, the bill requires the Secretary to withdraw 
from each grant recipient any unobligated balances from this 
half of the apportioned funds. The bill requires the Secretary 
to redistribute these balances among the recipients that were 
able to obligate all of the funding provided to them for 
immediate investment.
    The second half of the apportioned funds, plus any funds 
redistributed after the first 180 days, are intended for more 
meaningful investments in public transportation. The Committee 
believes these investments will support local economies and job 
creation over a longer period of time. Although these funds are 
meant for such longer-term benefits, the Committee still 
intends grant recipients to make prompt use of the funding 
provided to them. For this reason, the bill includes a second 
``use-or-lose'' provision. After 1 year following the date of 
enactment, the bill requires the Secretary to withdraw all 
unobligated balances from each recipient of apportioned funds. 
The bill requires the Secretary to transfer these balances to 
the account for ``Supplemental Discretionary Grants for a 
National Surface Transportation System,'' a separate program 
funded in the bill. This program provides discretionary grants 
for transportation investments and is described in detail 
earlier in this report.
    The Committee recognizes that there may be extenuating 
circumstances that prevent a grant recipient from obligating 
all of the funding provided to it. In particular, the Committee 
is concerned that a large investment of transportation funding 
with a single national deadline for obligation may drive up 
contractor prices and create an unworkable bidding environment. 
For extreme situations in which a grant recipient faces an 
unworkable bidding environment or other extenuating 
circumstances, the bill gives the Secretary the authority to 
extend the 1-year period for funding obligation at the request 
of a grant recipient. Before granting an extension, however, 
the Secretary must send a letter to the House and Senate 
Committees on Appropriations that provides a thorough 
justification for the extension.
    To apportion funding, the bill uses formulas authorized 
under current transit law. Most of this funding is provided 
directly to local areas, while some of it is provided to the 
States for allocation among the local areas. The Committee 
encourages States to allocate these grants so that every grant 
recipient receives enough resources to be able to make 
meaningful use of the funds provided in the bill. The bill also 
continues to make transit formula grants available for public 
transportation investments at Indian reservations.
    Of the funding provided for public transit investments, the 
Committee includes $200,000,000 for grants to public transit 
agencies for making capital investments that will reduce the 
energy consumption or greenhouse gas emissions of their public 
transportation systems. The investments made with these grants 
will help reduce the impact of pubic transportation systems on 
the environment, and they will help public transit agencies to 
realize cost savings by reducing their energy consumption.
    Grants provided for such energy efficiency grants may be 
used for projects that include, but are not limited to, 
improvements lighting, heating, cooling, or ventilation systems 
at public transportation stations and facilities; adjustments 
to signal timing or other vehicle controlling systems, 
including computer controlled systems; the purchase or retrofit 
of rolling stock; and improvements to energy distribution 
systems. The bill requires that priority shall be given to 
projects based on the total energy savings that are projected 
to result from the investment, and the projected energy savings 
as a percentage of the total energy usage of the public transit 
agency.
    For all projects funded with the $8,400,000,000 provided 
for public transit investments, the Federal share may be up to 
100 percent. The exact amount of the Federal share shall be 
solely at the discretion of the grant recipient. The bill also 
stipulates that provisions under current transit authorizing 
law relating to labor protection, planning, and disadvantaged 
business enterprises shall apply to the transit funding 
apportioned under the bill.
    The bill allows the Administrator of the Federal Transit 
Administration to use up to $5,000,000 of the funds provided 
for investments in public transportation to cover the cost of 
awarding and overseeing grants.

                        Maritime Administration

         SUPPLEMENTAL GRANTS FOR ASSISTANCE TO SMALL SHIPYARDS

    The Committee recommends $100,000,000 for grants to 
maritime communities through the assistance to the Small 
Shipyards program. The funding can be used to make capital 
improvements to small shipyards in order to increase the 
productivity of the Nation's shipbuilding industry. In 
addition, these funds can be used for training in maritime 
communities. These investments will help to improve the 
competitiveness of the domestic shipbuilding industry, and 
create jobs in the maritime sector.
    The Committee recommendation includes $60,000,000 for the 
construction of ferry boats and ferry terminal facilities, to 
be administered by the Federal Highway Administration. The bill 
directs the Secretary of Transportation to distribute this 
funding to States on a competitive basis. The bill also directs 
the Secretary to give priority to those projects that have 
proven their ability to be completed within 2 years, ensuring 
that the funding will produce the quickest benefit for 
communities that rely on ferries for their basic transportation 
needs. The priority on projects that can be brought to 
completion promptly will also produce the quickest creation of 
job opportunities. The bill specifies that the Federal share of 
these grants shall be 100 percent.

                      Office of Inspector General

                         SALARIES AND EXPENSES

    The Committee recommends an additional $7,750,000 for the 
Inspector General of the Department of Transportation to 
conduct audits and investigations of the projects and 
activities carried out pursuant to the bill. The Committee 
directs the Inspector General to provide biannual reports 
summarizing this work to the House and Senate Committees on 
Appropriations. These reports should include a list of all 
audit work and significant investigations currently being 
conducted, an overview of the Inspector General's findings 
based on completed audit and investigation work, and a record 
of all recommendations the Inspector General has issued.

            General Provision--Department of Transportation

    Sec. 1201. The Committee includes a provision that expands 
the contingent commitment authority of the Federal Transit 
Authority [FTA]. This provision will allow the FTA to enter 
into full funding grant agreements with a larger number of 
transit properties more rapidly and so expedite the 
construction of those projects and the creation of jobs.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                  Native American Housing Block Grants

    This account funds the Native American Housing Block Grants 
Program, as authorized under title I of the Native American 
Housing Assistance and Self-Determination Act of 1996 
[NAHASDA]. This program provides an allocation of funds on a 
formula basis to Indian tribes and their tribally designated 
housing entities to help them address the housing needs within 
their communities. Under this block grant, individual Indian 
tribes use performance measures and benchmarks that are 
consistent with the national goals of the program, but can base 
these measures on the needs and priorities established in their 
own housing plan.
    The Committee recommends an appropriation of $510,000,000 
for the Native American Housing Block Grant. The bill requires 
that recipients obligate funds within 1 year of the date of 
enactment, and imposes expenditure deadlines at 2 and 3 years 
after the authorized funds become available for obligation. The 
Secretary must recapture funds from participating jurisdictions 
that do not meet the 1-year obligation and 2-year expenditure 
deadlines, and reallocate such funds to participating 
jurisdictions that can expend the money rapidly.
    The bill requires that the Secretary distribute 
$255,000,000 through the existing formula and distribute 
$255,000,000 through a competition. In allocating the 
discretionary portion of the authorized funds, the Secretary 
must give priority consideration to projects that will spur 
construction and rehabilitation and will create employment 
opportunities for low-income and unemployed person. Recipients 
are required to prioritize projects that can award contracts 
based on bids within 180 days from the date that funds are 
available to recipients. The Secretary has discretion to enable 
participation in the formula and competitive allocations under 
this paragraph by any housing entity eligible for funding under 
title VIII of NAHASDA, Housing Assistance for Native Hawaiians 
(25 U.S.C. 4221 et seq.).
    To facilitate the timely obligation and expenditure of 
authorized funds, the bill allows the Secretary to waive all 
statutory and regulatory requirements other than those dictated 
by the bill and requirements related to fair housing, non-
discrimination, labor standards, and the environment.
    One percent of funds are made available for staffing, 
training, technical assistance, monitoring, technology, 
evaluation, and administrative expenses, and such funds are to 
be transferred to the appropriate Administration, Operations, 
and Management and Personnel Compensation and Benefits accounts 
and subaccounts.

                      Public Housing Capital Fund

    This account provides funding for modernization and capital 
needs of public housing authorities (except Indian housing 
authorities), including management improvements, resident 
relocation and homeownership activities.
    The Committee recommends an appropriation of $5,000,000,000 
for capital and management activities for public housing 
agencies. The bill requires that the Secretary distribute 
$3,000,000,000 through the existing public housing capital fund 
formula and the remaining $2,000,000,000 through a competition. 
The Committee notes that public housing agencies are required 
to have a 5-year capital plan, and expects them to prioritize 
projects already underway and in these plans. In allocating the 
discretionary portion of the authorized funds, the Secretary 
must give priority consideration to the rehabilitation of 
vacant rental units and institute measures to ensure that 
authorized funds will supplement and not supplant expenditures 
from other Federal, State, or local sources. No public housing 
agencies, including Moving to Work agencies, may transfer 
authorized funds to operating or rental assistance activities.
    The bill requires public housing agencies to obligate funds 
within 1 year of the date of enactment. The bill also imposes 
expenditure deadlines at 2 and 3 years after the authorized 
funds become available for obligation. The Secretary must 
recapture funds from public housing agencies that do not meet 
the 1-year obligation and 2-year expenditure deadlines, and 
reallocate such funds to public housing agencies that can spend 
the money rapidly. To facilitate the timely obligation and 
expenditure of funds, the bill allows the Secretary to waive 
all statutory and regulatory requirements other than those 
dictated in the bill and requirements related to conditions on 
use of funds for development and modernization, fair housing, 
non-discrimination, labor standards, and the environment.
    One percent of funds are made available for staffing, 
training, technical assistance, monitoring, technology, 
evaluation and administrative expenses, and such funds are to 
be transferred to the appropriate Administration, Operations, 
and Management and Personnel Compensation and Benefits accounts 
and subaccounts.
    Public housing is an essential part of our Nation's 
physical infrastructure. Located in 3,500 communities 
nationwide and home to nearly 1,200,000 households, public 
housing is a critical ingredient of any strategy to deliver on 
the goal of providing ``decent, safe, sanitary, and affordable 
living environments for all Americans set forth in the Housing 
Act of 1949. (42 U.S.C. Sec. 12721). Nearly two-thirds of all 
public housing households include an elderly person or an 
individual with a disability. More than 400,000 low-income 
families with children--the majority of them working families-
also occupy public housing units.
    But this critical asset cannot be sustained without prompt 
and substantial investment in aging buildings. Most units are 
more than 30 years old, and many will need rehabilitation to 
continue to provide decent quality homes. Additionally, aging 
public housing projects are in desperate need of ``greening'' 
through activities that improve energy efficiency, reduce 
energy costs, or preserve and improve units with good access to 
public transportation or employment centers.
    The Committee believes this one-time investment will 
increase the availability of affordable rental housing by 
expediting rehabilitation projects to bring vacant units back 
on line. The capital investment gap for redevelopment or 
replacement housing projects, many of which are mixed finance 
transactions involving the Low Income Housing Tax Credit, that 
have been approved or are otherwise ready to proceed but are 
stalled due to the inability to obtain anticipated private 
capital. It will also address the needs of public housing's 
most vulnerable residents--seniors and persons with 
disabilities--through improvements to housing and related 
facilities which attract or promote the coordinated delivery of 
supportive services.
    Finally, targeting authorized funds to the capital needs 
backlog is particularly timely given the large loss of jobs in 
housing-related sectors of the economy during the current 
recession.

                   Neighborhood Stabilization Program

    The Committee has included $2,250,000,000 for the 
Neighborhood Stabilization Program [NSP], authorized under the 
Housing and Economic Recovery Act of 2008 [HERA] and 
established by the Department of Housing and Urban Development 
[HUD]. The Secretary shall allocate funding for this program 
exclusively through a competition among States, units of 
general local government, and non-profit entities or consortia 
of nonprofit entities, which may submit proposals in 
partnership with for-profit entities.
    There were over 2.3 million properties in foreclosure in 
2008, an increase of over 80 percent from 2007. The impact of 
foreclosures has not been limited to individual homeowners; it 
has devastated entire neighborhoods. As a result, communities 
across the Nation are developing and implementing measures to 
stabilize neighborhoods hit hardest by the foreclosure crisis 
and economic downturn. The funding provided for the 
Neighborhood Stabilization Program is intended to help 
redevelop abandoned and foreclosed homes in order to revitalize 
these struggling communities and create additional affordable 
housing. The resources provided are available for: the 
establishment of financing mechanisms for purchase and 
redevelopment of foreclosed homes and residential properties; 
the purchase and rehabilitation of homes and residential 
properties that have been abandoned or foreclosed upon, in 
order to sell, rent or redevelop such homes and properties; the 
establishment of land banks for homes that have been foreclosed 
upon; the demolition of blighted structures; and the 
redevelopment of demolished or vacant properties for housing. 
In addition, the Committee expects that this funding will 
create new housing construction jobs as communities undertake 
development and rehabilitation efforts.
    The Committee has provided the Secretary with the authority 
to use up to 10 percent of the funding provided under this 
heading for capacity building and support for local communities 
receiving funding either through this competition or the NSP 
funds previously awarded by HUD. The Committee believes that 
targeting such assistance to local communities undertaking 
these projects or activities will provide the Secretary with 
additional tools to ensure that funding is being used most 
effectively.
    The Committee has included language that allows funding 
under the NSP program to be used for construction of early 
childhood development centers. Early education is critical to 
every child's development and its impact on children can been 
seen for years to come. Unfortunately, a lack of adequate 
capital resources hinders the ability to create early childhood 
development centers, especially in lower income neighborhoods. 
As the Secretary evaluates proposals for this competition, the 
Secretary is encouraged to consider the impact of investments 
in early childhood development centers on the neighborhoods 
themselves, as well as the job and educational opportunities 
these capital investments would create for residents in these 
communities.
    In order to ensure the timely expenditure of funds, the 
Committee has included language requiring the Secretary to 
publish criteria for the competition within 75 days of 
enactment of this act with applications due within 180 days of 
such date, and to make awards not later than a year after 
enactment. The Committee has set these deadlines in order to 
accommodate the deadlines placed on the availability of the 
funds and on grantees for the expenditure of funding. In 
establishing criteria for such competition, the Secretary is 
directed to use such factors as need and foreclosure rates, as 
well as the capacity of the grantee, leveraging potential, and 
the impact of this funding on stemming foreclosures and 
stabilizing neighborhoods. The Secretary shall also evaluate 
the effective use of any NSP funding previously awarded to a 
grantee.
    In order to ensure that communities will quickly feel the 
impact of this funding, the Committee has included language 
requiring 75 percent of the funding be expended within 2 years 
and 100 percent of the funding be expended within 3 years. As 
such, the Committee has also directed the Secretary to evaluate 
the demonstrated capacity of grantees to execute projects and 
expend funding within the allowable time.
    The Committee has included language that allows the 
Secretary to use up to 1.5 percent of the funds provided for 
staffing, training, technical assistance, technology, 
monitoring, research and evaluation activities. The Secretary 
is directed to transfer and merge funds set aside for these 
functions to the appropriate salaries, expenses, or working 
capital fund accounts.

                  Home Investment Partnerships Program

    Title II of the National Affordable Housing Act, as 
amended, authorizes the HOME Investment Partnerships Program. 
This program provides assistance to States and units of local 
government for the purpose of expanding the supply and 
affordability of housing to low- and very low-income people. To 
participate in the HOME program, State and local governments 
must develop a comprehensive housing affordability strategy.
    The Committee recommends an appropriation of $2,250,000,000 
for the HOME Investment Partnerships program. The bill requires 
that recipients obligate funds within 1 year of the date of 
enactment, and imposes expenditure deadlines at 2 and 3 years 
after the authorized funds become available for obligation. The 
Secretary must recapture funds from participating jurisdictions 
that do not meet the 1 year obligation and 2-year expenditure 
deadlines, and reallocate such funds to participating 
jurisdictions that can expend the money rapidly.
    The bill also gives the Secretary discretion to use up to 
20 percent of authorized funding to create incentives for 
projects that increase energy efficiency or employ green 
technology. To facilitate the timely obligation and expenditure 
of authorized funds, the bill allows the Secretary to waive all 
statutory and regulatory requirements other than those dictated 
by the bill and requirements related to fair housing, non-
discrimination, labor standards, and the environment.
    One percent of funds are made available for staffing, 
training, technical assistance, monitoring, technology, 
evaluation and administrative expenses, and such funds are to 
be transferred to the appropriate Administration, Operations, 
and Management and Personnel Compensation and Benefits accounts 
and subaccounts.
    The flexibility and successful track record of the HOME 
program make it an ideal vehicle to assist communities in their 
efforts to address the current, multi-faceted housing crisis. A 
wide range of activities qualifies for HOME funding, including 
both homeownership and rental housing activities. These 
activities fall into the following categories: rehabilitation 
of owner-occupied housing; assistance to home buyers; 
rehabilitation or new construction of rental housing; and 
tenant-based rental assistance. From inception through November 
2008, HOME funds helped over 1 million low income families. 
Specifically, nearly 882,000 physical units of affordable 
homeownership and rental housing have been constructed, 
rehabilitated, or acquired using HOME funding, and an 
additional 201,000 families have been assisted through tenant-
based rental assistance.
    Projects that use HOME funding must meet certain income 
targeting and affordability requirements. All HOME funds must 
go to projects that benefit households with incomes at or below 
80 percent of area median income, and 90 percent of the funds 
that are used for rental units or tenant-based rental 
assistance must benefit households with incomes at or below 60 
percent of area median income.
    The authorized HOME funds can be expected to leverage 
investment from other sectors. From inception through November 
2008, each HOME dollar invested attracted $3.70 in non-HOME 
funds. A more detailed Government Accountability Office [GAO] 
analysis of HOME units completed in fiscal year 2006 found that 
each dollar of HOME generated $1.92 of private spending, $1.33 
of other Federal spending including Low Income Housing Tax 
Credit equity, and $.76 of State and local spending.

                      Homelessness Prevention Fund

    The Committee has included $1,500,000,000 for homeless 
prevention activities. Homeless prevention funding will provide 
communities across the country with an important tool to help 
stem the growth in poverty that accompanies economic downturns. 
The Committee intends that this funding will be used to assist 
tenants who reside in units that are in default or foreclosure 
and face eviction, or other vulnerable individuals who have 
recently become homeless, or might become homeless as a result 
of the recession.
    The funding provided for homeless prevention activities 
shall go out to grantees eligible under the Emergency Shelter 
Grants [ESG] program through the ESG formula. However, the 
Secretary has been given the authority to establish a minimum 
grant amount in order to reach a greater number of communities, 
or otherwise ensure the most effective use of funding. Eligible 
uses of funding include: 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, 
moving cost assistance, or other appropriate prevention 
activities. As this funding reaches those most in need, it will 
also go quickly into local economies in the form of rent or 
utility payments.
    The bill includes language requiring grantees to capture 
data on the services provided and the individuals and families 
served through this program in the Homeless Management 
Information System [HMIS] or other comparable database. The 
Committee directs the Secretary to submit a report to the House 
and Senate Committees on Appropriations 1 year after the 
enactment of this act that details how the funding provided 
under this paragraph has been used to alleviate the effects of 
the Nation's current economic recession and prevent 
homelessness.
    Grantees receiving homeless prevention funding are required 
to spend 75 percent of the funding in 2 years and 100 percent 
of the funding in 3 years. If a grantee is unable to expend the 
required amount of funding in 2 years, the Secretary is given 
the authority to recapture those funds and reallocate them to 
grantees based on need and the ability of grantees to obligate 
and expend additional funding within the permissible time 
period.
    The Committee has also included language that allows the 
Secretary to use up to 1.5 percent of the funds provided for 
staffing, training, technical assistance, technology, 
monitoring, research and evaluation activities. The Secretary 
is directed to transfer and merge funds set aside for these 
functions to the appropriate salaries, expenses, or working 
capital fund accounts.

  Assisted Housing Stability and Energy and Green Retrofit Investments

    The Committee has included $3,500,000,000 for payments, 
grants or loans to owners of properties receiving section 8 
project-based rental assistance, or assistance through the 
section 202 Housing for the Elderly program and section 811 
Housing for the Disabled programs. The funding is provided in 
order to stabilize project-based section 8 housing, and to 
improve the energy efficiency of the Department of Housing and 
Urban Development's [HUD] assisted housing portfolio through 
energy and green retrofit investments. All funding provided is 
available until September 30, 2010, and the Secretary is 
directed to take the steps necessary to ensure that grantees 
expend funding within 2 years of receiving it.
    The Committee has included $1,368,000,000 to facilitate 
energy efficiency or green investments in HUD's assisted 
housing. The funding provided will be used by the Secretary to 
make grants or loans to project owners receiving HUD housing 
assistance in order to improve the energy efficiency of housing 
for the Nation's most vulnerable low-income tenants, including 
the elderly and the disabled. The Committee expects that nearly 
90,000 units of assisted housing can benefit from this program. 
As a result of these investments, the low-income residents 
living in these units will realize important savings from 
reduced energy costs.
    The language included in the bill directs HUD's Office of 
Affordable Housing Preservation [OAHP] to make grants or loans 
to project owners receiving HUD assistance. In exchange for 
receiving this assistance, project owners must agree to the 
terms and conditions established by the Secretary, including 
that these properties will remain available for an additional 
period of affordability of at least 15 years. Extending the 
period of affordability will ensure that owners receiving this 
benefit will have an additional obligation to the Federal 
Government and the low-income residents they serve. Other terms 
and conditions established by the Secretary shall ensure the 
preservation and maintenance of these properties as affordable 
housing, as well as the continued maintenance and operation of 
any energy efficiency technologies installed. The bill language 
also requires that any owner selected for this program must 
have at least a satisfactory management review rating, be in 
substantial compliance with performance standards and legal 
requirements, and undergo a physical inspection and financial 
assessment.
    In executing the energy and retrofit provisions under this 
heading, OAHP shall use existing loan programs and other 
transactional infrastructure currently authorized to be used by 
the Secretary, as well as any applicable existing policies, 
procedures, and contracts to carry out this program. The 
Committee expects that the Office will use such funding 
mechanisms as the HUD Flexible Subsidy program, and the 
refinancing tools provided under section 223(a)(7). In order to 
facilitate the provisions of this paragraph, the Committee has 
included language allowing the Secretary to waive or modify 
statutory or regulatory requirements with respect to existing 
grant, loan or insurance mechanisms, but this ability to waive 
or modify statues or regulations is limited only to the funding 
provided under this heading to make grants and loans for energy 
or green investments.
    OAHP is required to undertake appropriate oversight and 
underwriting of such loans and grants, using existing 
procedures as appropriate. The Secretary is permitted to set 
aside up to 5 percent of the funds provided for grants and 
loans for these underwriting and oversight purposes. The 
Committee has also included language that allows the Secretary 
to use up to 1.5 percent of the funds provided for staffing, 
training, technical assistance, technology, monitoring, 
research and evaluation activities. The Secretary is directed 
to transfer and merge funds used for these functions to the 
appropriate salaries, expenses, or working capital fund 
accounts.
    The Committee has also included $2,132,000,000 within the 
funding provided for the Secretary to make payments to owners 
of properties receiving section 8 project-based assistance for 
periods of 12 months. Housing funded through the section 8 
project-based account serves approximately 1 million of our 
Nation's low-income residents. This funding will allow HUD to 
make consistent payments to project owners, bringing much 
needed stability to the program, and ensuring the maintenance 
and preservation of this housing for low-income tenants. As the 
financial and housing crises hit communities across our Nation, 
affordable housing investments are being threatened. Therefore, 
the Committee believes that it is critical to send a message to 
both the housing and financial sectors that the Federal 
Government is a credible and reliable partner in affordable 
housing projects. Providing full and stable payments to owners 
will also assure those interested in undertaking energy or 
green retrofits, for which funding is also provided under this 
heading, that they can rely on the Government as a partner when 
agreeing to future commitments of affordability.

            Office of Healthy Homes and Lead Hazard Control

    Title X of the Housing and Community Development Act of 
1992 established the Residential Lead-Based Paint Hazard 
Reduction Act under which HUD is authorized to make grants to 
States, localities and Native American tribes to conduct lead-
based paint hazard reduction and abatement activities in 
private low-income housing. The Committee has included 
$100,000,000 for the Lead Hazard Reduction Program.
    The bill requires that recipients obligate funds within 1 
year of the date of enactment, and imposes expenditure 
deadlines at 2 and 3 years after the authorized funds become 
available for obligation. The Secretary must recapture funds 
from recipients that do not meet the 1 year obligation and 2-
year expenditure deadlines, and reallocate such funds to 
recipients who can expend the funds rapidly.
    To facilitate the timely obligation and expenditure of 
authorized funds, the bill also allows the Secretary to waive 
all statutory and regulatory requirements other than those 
imposed by this heading and requirements related to fair 
housing, non-discrimination, labor standards, and the 
environment.
    One percent of funds are made available for staffing, 
training, technical assistance, monitoring, technology, 
evaluation and administrative expenses, and such funds are to 
be transferred to the appropriate Administration, Operations, 
and Management and Personnel Compensation and Benefits accounts 
and subaccounts.
    Lead-based paint remains a significant health hazard, 
especially for children. According to the Centers for Disease 
Control and Prevention [CDC], some 434,000 children have 
elevated blood levels. While this is down from 1,700,000 in the 
late 1980s, lead poisoning remains a serious childhood 
environmental condition, with some 2.2 percent of all children 
aged 1 to 5 years having elevated blood lead levels. This 
percentage is much higher for low-income children living in 
older housing.
    While lead poisoning crosses all socioeconomic, geographic, 
and racial boundaries, the burden of this disease falls 
disproportionately on low-income and minority families. In the 
United States, children from poor families are eight times more 
likely to be poisoned than those from higher income families. 
This appropriation will move the Nation toward the achievable 
goal of fully addressing the risks associated with lead-based 
paint hazards over the next decade.

                      Office of Inspector General

    The bill provides $2,750,000 for salaries and expenses of 
the Office of Inspector General in carrying out the Inspector 
General Act of 1978, as amended. The bill also ensures that the 
Inspector General shall have independent authority over all 
personnel issues within this office.&

               TITLE XIII--HEALTH INFORMATION TECHNOLOGY

    The Committee has included language authorizing the Health 
Information Technology for Economic and Clinical Health Act 
[HITECH]. Information technology systems linked securely and 
with effective privacy protections can improve the quality and 
efficiency of health care while producing significant cost 
savings. Despite the potential benefits of health information 
technology [IT], investment and adoption has been limited, 
particularly among smaller providers. HITECH would give health 
care providers the assistance they need to invest in lifesaving 
health IT, and would do so responsibly, by ensuring compliance 
with standards for interoperability.
    The legislation encourages the development of standards for 
health IT through codifying the role of the National 
Coordinator for Health Information Technology in coordinating 
initiatives on health IT, establishing the Health Information 
Technology Policy Committee as a body providing recommendations 
to the National Coordinator regarding policies to promote the 
effective and expanded use of health IT, and establishing a 
Health Information Technology Standards Committee to recommend 
standards for health IT for adoption by the Secretary, 
consistent with the recommendations of the Health Information 
Technology Policy Committee.
    The legislation encourages the adoption of health IT that 
meets standards for interoperability by providing enhanced 
support for short-term, high-value investments in current 
initiatives to pilot test the best ways to use health IT, 
establishing a health information technology extension program 
to provide assistance to health care providers to effectively 
use health information technology, providing planning and 
implementation grants to States to facilitate and expand the 
electronic exchange of health information according to 
nationally recognized standards, and providing grants to States 
and Indian tribes to establish low interest loan programs to 
facilitate the purchase of certified health IT by providers, 
enhance the utilization of health IT, train personnel in the 
use of IT, and improve the secure electronic exchange of health 
information.
    The legislation assures effective privacy protections for 
electronic health information while allowing the legitimate and 
secure exchange of that information to improve health care 
quality by applying the privacy protections under HIPAA to 
business associates of covered entities, requiring notification 
of patients if the privacy of their medical information has 
been breached, requiring an accounting of disclosures of health 
information made through health IT systems, prohibiting the 
sale of patients' private health information without their 
consent, and prohibiting the use of private medical information 
for marketing without the consent of patients.
    The intent of the Committee is for personal health records 
vendors to be subject to substantially similar regulation as 
Covered Entities or Business Associates of Covered Entities.
    The Committee finds that long-term care facilities have 
significant needs to improve their use of health IT, and 
directs the Secretary to take this finding into account in 
carrying out applicable activities authorized under Title XIV.

               TITLE XIV--STATE FISCAL STABILIZATION FUND

                        DEPARTMENT OF EDUCATION

                    State Fiscal Stabilization Fund

    The Committee recommends $79,000,000,000 for a new State 
Fiscal Stabilization Fund to help States prevent tax increases 
and cutbacks in education and other high-priority services over 
the next 2 years.
    The funding will be allocated to States by formula after a 
one-half of 1 percent reservation for the outlying areas and a 
$25,000,000 reservation for the Secretary of Education for 
administration and oversight. Of the remaining funds, 
$15,000,000,000 is reserved for State Incentive Grants, 
described below. Of the remaining $63,580,000,000, States must 
use at least 61 percent, or $38,783,800,000, for elementary, 
secondary, and higher education and, as applicable, early 
childhood education. This funding will be allocated to local 
educational agencies [LEAs] and to institutions of higher 
education. States may use up to $24,796,200,000 for a range of 
public safety and other Government services, which may include 
education.
    State Incentive Grants will be awarded by the Secretary to 
States that make significant progress in meeting specific 
objectives that are critical to raising student academic 
achievement. Of the $15,000,000,000 reserved for these grants, 
the Secretary may award up to $650,000,000 to LEAs or 
partnerships between nonprofit organizations and one or more 
LEAs or schools that have made significant gains in closing 
achievement gaps. Each State that receives a State Incentive 
Grant must allocate at least 50 percent to LEAs.

 TITLE XV--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD AND RECOVERY 
                       INDEPENDENT ADVISORY PANEL

    Title XV establishes the Recovery Accountability and 
Transparency Board (the Board) to provide oversight and 
transparency of expenditures made under the authorities 
provided in this act. The Board will coordinate audits and 
investigations conducted by agency Inspectors General and will 
consult with the Government Accountability Office and State 
auditor generals as those entities perform similar oversight. 
The Board also will initiate and conduct independent audits and 
investigations, including holding public hearings. The Board's 
activities will ensure continued and coordinated oversight of 
spending so that taxpayer dollars are used effectively and 
efficiently while avoiding waste, fraud, and abuse. The Board's 
activities will ensure that entities receiving Federal funds 
will be held accountable for how taxpayer dollars are spent. 
The Board also will provide transparency for the taxpayer by 
posting on the Board's website up-to-date, easily 
understandable information about spending authorized in this 
act.
    The Board shall be comprised of agency Inspectors General 
and shall be chaired by an individual appointed by the 
President with the advice and consent of the Senate. The 
Committee directs that the Chairperson shall be available to 
testify before the Congress on oversight activities conducted 
under the authorities provided in this title.
    Title XV also establishes the Recovery Independent Advisory 
Panel (the Panel) to provide independent recommendations to the 
Board. The Panel shall be comprised of five individuals 
appointed by the President on the basis of their expertise in 
economics, public finance, contracting, accounting, and other 
related fields.
    Title XV includes the following provisions:
    Sec. 1501. Establishes definitions for terms used in this 
title.
    Sec. 1511. Establishes the Recovery Accountability and 
Transparency Board (the Board). The Board will coordinate and 
conduct oversight of funds expended and obligated under 
authorities provided in this act in order to prevent waste, 
fraud, and abuse.
    Sec. 1512. Relates to the Chairperson and members of the 
Board.
    Sec. 1513. Establishes the functions of the Board, requires 
quarterly and annual reporting by the Board, and requires that 
such reports be made publicly available. This section also 
requires that the Board make recommendations to agencies to 
prevent waste, fraud, and abuse. Finally, this section requires 
an agency receiving recommendations from the Board to report to 
the President and the Congress on whether the agency agrees or 
disagrees with the recommendation and what actions, if any, the 
agency plans to take to implement the recommendations.
    Sec. 1514. Provides powers to the Board associated with 
audits, investigations, and public hearings. This section also 
provides the Board the authority to enter into contracts and to 
transfer funds to agencies that will support the work of the 
Board. Finally, this section provides for transfers of funds to 
support the operations of the Recovery Independent Advisory 
Panel established under section 1531 of this title.
    Sec. 1515. Provides employment and personnel authorities to 
the Board and requires all agencies and entities of the Federal 
Government to furnish information or assistance requested by 
the Board, as appropriate.
    Sec. 1516. Provides that Inspectors General shall maintain 
all independent authorities established under current law.
    Sec. 1517. Requires the Board to coordinate oversight 
activities with the Comptroller General of the United States 
and State auditor generals.
    Sec. 1518. Relates to whistleblower protections.
    Sec. 1519. Requires the Board to establish a website for 
making information regarding oversight activities publicly 
available.
    Sec. 1520. Authorizes appropriations for the Board's 
activities.
    Sec. 1521. Provides that the Board shall terminate on 
September 30, 2012.
    Sec. 1531. Establishes the Recovery Independent Advisory 
Panel (the Panel).
    Sec. 1532. Directs the Panel to make recommendations to the 
Board established by section 1511.
    Sec. 1533. Provides powers to the Panel, including powers 
related to information gathering.
    Sec. 1534. Provides employment and personnel authorities to 
the Panel.
    Sec. 1535. Provides that the Panel shall terminate on 
September 30, 2012.
    Sec. 1536. Authorizes appropriations for the Panel's 
activities.
    Sec. 1541. Requires the Chairperson of the Council of 
Economic Advisers, in consultation with the Director of the 
Office of Management and Budget and the Secretary of the 
Treasury, to submit quarterly reports detailing the estimated 
impact of programs funded in the act on employment, economic 
growth, and other key economic indicators.

                TITLE XVI--GENERAL PROVISIONS--THIS ACT

                         AVAILABILITY OF FUNDS

    Sec. 1601. The Committee recommends a provision that limits 
the availability of the funds provided in this title to the 
current fiscal year unless expressly provided otherwise.

                         EMERGENCY DESIGNATION

    Sec. 1602. The Committee recommends a provision designating 
the funds in this act as emergency requirements.
    Unless otherwise noted, all appropriations in the bill are 
designated as emergency requirements and necessary to meet 
emergency needs pursuant to section 204(a) of S. Con. Res. 21 
and section 301(b)(2) of S. Con. Res. 70, the congressional 
budget resolutions for fiscal years 2008 and 2009.

                  RELATIONSHIP TO OTHER APPROPRIATIONS

    Sec. 1603. The Committee recommends a provision which 
stipulates that funds made available by this act are in 
addition to amounts made available in other appropriations 
measures for fiscal year 2009 to include the continuing 
resolution.

                              BUY AMERICAN

    Sec. 1604. The bill requires that no funds in the bill may 
be used for the purchase of steel, iron or manufactured items 
used on construction related projects on public infrastructure 
unless the items were produced in the United States. A waiver 
of this provision is allowed when it is in the public interest 
or adds substantially to the cost of the project.

                             CERTIFICATION

    Sec. 1605. The Committee is including a general provision 
to increase accountability on the use of funding provided in 
this act. Under this section each chief executive who receives 
Federal funding will be required to certify that he or she has 
reviewed and vetted the funding provided and to stipulate that 
the funding is an appropriate use of taxpayer dollars.

                   ECONOMIC STABILIZATION CONTRACTING

    Sec. 1606. The Committee recommends a provision to expand 
the contracting requirements of the Emergency Economic 
Stabilization Act of 2008 to include individuals with 
disabilities and businesses owned by individuals with 
disabilities.

                 NOTIFICATION OF EMERGENCY LEGISLATION

    The congressional budget resolution (S. Con. Res. 21) 
agreed to by Congress for fiscal year 2008 includes a spending 
provision related to the notification of emergency spending. 
This provision requires a statement of how the emergency 
provisions contained in the bill meet the criteria for 
emergency spending as identified in the budget resolution. The 
bill contains emergency funding for fiscal year 2009 for 
responses to the deteriorating economy, natural disasters and 
for other needs. The funding recommended herein is related to 
unanticipated needs and is for situations that are sudden, 
urgent, and unforeseen, specifically the devastating effects of 
the economic crisis, natural disasters, and rising 
unemployment. These needs meet the criteria for emergency 
funding.

COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Pursuant to paragraph 7(c) of rule XXVI, on January 27, 
2009, the Committee ordered reported an original bill (S. 336) 
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, with the bill subject to 
amendment, and authorized the chairman of the Committee, or his 
designee, to offer the substance of the original bill as a 
committee amendment to the House companion measure, by a 
recorded vote of 21-9, a quorum being present. The vote was as 
follows:
        Yeas                          Nays
Chairman Inouye                     Mr. Shelby
Mr. Byrd                            Mr. McConnell
Mr. Leahy                           Mr. Gregg
Mr. Harkin                          Mr. Bennett
Ms. Mikulski                        Mrs. Hutchison
Mr. Kohl                            Mr. Brownback
Mrs. Murray                         Mr. Alexander
Mr. Dorgan                          Mr. Voinovich
Mrs. Feinstein                      Ms. Murkowski
Mr. Durbin
Mr. Johnson
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Pryor
Mr. Tester
Mr. Cochran
Mr. Specter
Mr. Bond
Ms. Collins

 COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Paragraph 12 of rule XXVI requires that Committee reports 
on a bill or joint resolution repealing or amending any statute 
or part of any statute include ``(a) the text of the statute or 
part thereof which is proposed to be repealed; and (b) a 
comparative print of that part of the bill or joint resolution 
making the amendment and of the statute or part thereof 
proposed to be amended, showing by stricken-through type and 
italics, parallel columns, or other appropriate typographical 
devices the omissions and insertions which would be made by the 
bill or joint resolution if enacted in the form recommended by 
the committee.''
    In compliance with this rule, the following changes in 
existing law proposed to be made by the bill are shown as 
follows: existing law to be omitted is enclosed in black 
brackets; new matter is printed in italics; and existing law in 
which no change is proposed is shown in roman.

                          TITLE 7--AGRICULTURE

            CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938

 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES

  Part A--Definitions, Loans, Parity Payments, and Consumer Safeguards

Sec. 1308. Payment limitations

    (a) Definition.--In this section through section 1001F:
            (1) Covered commodity.--The term ``covered 
        commodity'' has the meaning given that term in section 
        1001 of the Food, Conservation, and Energy Act of 2008.

           *       *       *       *       *       *       *

    (f) Special rules.--
            (1) Minor children.--

           *       *       *       *       *       *       *

            (6) State and local governments.--
                    (A) In general.--Notwithstanding subsection 
                (d), except as provided in subsection (g), a 
                State or local government, or political 
                subdivision or agency of the government, shall 
                not be eligible to receive any payment, 
                benefit, or loan under title I of the Food, 
                Conservation, and Energy Act of 2008 or title 
                XII of this Act (other than the conservation 
                reserve program established under subchapter B 
                of chapter 1 of subtitle D of title XII of this 
                Act).

           *       *       *       *       *       *       *

                       CHAPTER 36--CROP INSURANCE

             SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE

Sec. 1531. Supplemental agricultural disaster assistance

(a) Definitions.

           *       *       *       *       *       *       *

(e) * * *

           *       *       *       *       *       *       *

(g) Risk management purchase requirement.

    (1) In general.

           *       *       *       *       *       *       *

    (6) De minimis exception.

            (A) In general.

           *       *       *       *       *       *       *

            (B) Treatment of acreage.

                            The Secretary shall not consider 
                        the value of any crop exempted under 
                        subparagraph (A) in calculating the 
                        supplemental revenue assistance program 
                        guarantee under subsection (b)(3) and 
                        the total farm revenue under subsection 
                        (b)(4).
            (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).

           *       *       *       *       *       *       *

                      TITLE 12--BANKS AND BANKING

              CHAPTER 52--EMERGENCY ECONOMIC STABILIZATION

                     TROUBLED ASSETS RELIEF PROGRAM

Sec. 5217. Contracting procedures

    (a) * * *
    (b) Additional Contracting Requirements.--In any 
solicitation or contract where the Secretary has, pursuant to 
subsection (a), waived any provision of the Federal Acquisition 
Regulation pertaining to minority contracting, the Secretary 
shall develop and implement standards and procedures to ensure, 
to the maximum extent practicable, the inclusion and 
utilization of minorities (as such term is defined in section 
1204(c) of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (12 U.S.C. 1811 note)) and women, and 
minority- and women-owned businesses (as such terms are defined 
in section 21A(r)(4) of the Federal Home Loan Bank Act (12 
U.S.C. 1441a(r)(4)), and individuals with disabilities and 
businesses owned by individuals with disabilities (for purposes 
of this subsection the term ``individual with disability'' has 
the same meaning as the term ``handicapped individual'' as that 
term is defined in section 3(f) of the Small Business Act (15 
U.S.C. 632(f)), in that solicitation or contract, including 
contracts to asset managers, servicers, property managers, and 
other service providers or expert consultants.

           *       *       *       *       *       *       *

                      TITLE 15--COMMERCE AND TRADE

                   CHAPTER 14A--AID TO SMALL BUSINESS

Sec. 636. Additional powers

(a) Loans to small business concerns; allowable purposes; 
        qualified business; restrictions and limitations.

    The Administration is empowered to the extent and in such 
amounts as provided in advance in appropriation Acts to make 
loans for plant acquisition, construction, conversion, or 
expansion, including the acquisition of land, material, 
supplies, equipment, and working capital, and to make loans to 
any qualified small business concern, including those owned by 
qualified Indian tribes, for purposes of this Act. Such 
financings may be made either directly or in cooperation with 
banks or other financial institutions through agreements to 
participate on an immediate or deferred (guaranteed) basis. 
These powers shall be subject, however, to the following 
restrictions, limitations, and provisions:
            (1) In general.--

           *       *       *       *       *       *       *

            (3) No loan shall be made under this subsection--
                    (A) if the total amount outstanding and 
                committed (by participation or otherwise) to 
                the borrower from the business loan and 
                investment fund established by this Act would 
                exceed [$1,500,000 (or if the gross loan amount 
                would exceed $2,000,000)] $2,250,000 (or if the 
                gross loan amount would exceed $3,000,000), 
                except as provided in subparagraph (B);

           *       *       *       *       *       *       *

             CHAPTER 14B--SMALL BUSINESS INVESTMENT PROGRAM

              SUBCHAPTER III--INVESTMENT DIVISION PROGRAMS

              Part A--Small Business Investment Companies

Sec. 683. Borrowing operations

(a) Authority to issue obligations.

    Each small business investment company shall have authority 
to borrow money and to issue its securities, promissory notes, 
or other obligations under such general conditions and subject 
to such limitations and regulations as the Administration may 
prescribe.

(b) * * *

           *       *       *       *       *       *       *

    (1) The total amount of debentures and participating 
securities that may be guaranteed by the Administration and 
outstanding from a company licensed under section 681(c) of 
this title shall not exceed 300 per centum of the private 
capital of such company: Provided, That nothing in this 
paragraph shall require any such company that on March 31, 
1993, has outstanding debentures in excess of 300 per centum of 
its private capital to prepay such excess: And provided 
further, That any such company may apply for an additional 
debenture guarantee or participating security guarantee with 
the proceeds to be used solely to pay the amount due on such 
maturing debenture, but the maturity of the new debenture or 
security shall be not later than September 30, 2002.
    (2) Maximum leverage.--
            [(A) In general.--After March 31, 1993, the maximum 
        amount of outstanding leverage made available to a 
        company licensed under section 301(c) of this Act shall 
        be determined by the amount of such company's private 
        capital--
                    [(i) if the company has private capital of 
                not more than $15,000,000, the total amount of 
                leverage shall not exceed 300 percent of 
                private capital;
                    [(ii) if the company has private capital of 
                more than $15,000,000 but not more than 
                $30,000,000, the total amount of leverage shall 
                not exceed $45,000,000 plus 200 percent of the 
                amount of private capital over $15,000,000; and
                    [(iii) if the company has private capital 
                of more than $30,000,000, the total amount of 
                leverage shall not exceed $75,000,000 plus 100 
                percent of the amount of private capital over 
                $30,000,000 but not to exceed an additional 
                $15,000,000.
            [(B) Adjustments.--
                    [(i) In general.--The dollar amounts in 
                clauses (i), (ii), and (iii) of subparagraph 
                (A) shall be adjusted annually to reflect 
                increases in the Consumer Price Index 
                established by the Bureau of Labor Statistics 
                of the Department of Labor.
                    [(ii) Initial adjustments.--The initial 
                adjustments made under this subparagraph after 
                the date of the enactment of the Small Business 
                Reauthorization Act of 1937 [1997] [enacted 
                Dec. 2, 1997] shall reflect only increases from 
                March 31, 1993.
            [(C) Investments in low-income geographic areas.--
        In calculating the outstanding leverage of a company 
        for the purposes of subparagraph (A), the Administrator 
        shall not include the amount of the cost basis of any 
        equity investment made by the company in a smaller 
        enterprise located in a low-income geographic area (as 
        defined in section 351 [15 USCS Sec. 689]), to the 
        extent that the total of such amounts does not exceed 
        50 percent of the company's private capital.]
                    (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
                            (ii) $150,000,000.
                    (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).

           *       *       *       *       *       *       *

    (3) Subject to the foregoing dollar and percentage limits, 
a company licensed under section 301(c) of this Act may issue 
and have outstanding both guaranteed debentures and 
participating securities: Provided, That the total amount of 
participating securities outstanding shall not exceed 200 per 
centum of private capital.
    [(4) Maximum aggregate amount of leverage.--
            [(A) In general.--Except as provided in 
        subparagraph (B), the aggregate amount of outstanding 
        leverage issued to any company or companies that are 
        commonly controlled (as determined by the 
        Administrator) may not exceed $90,000,000, as adjusted 
        annually for increases in the Consumer Price Index.
            [(B) Exceptions.--The Administrator may, on a case-
        by-case basis--
                    [(i) approve an amount of leverage that 
                exceeds the amount described in subparagraph 
                (A) for companies under common control; and
                    [(ii) impose such additional terms and 
                conditions as the Administrator determines to 
                be appropriate to minimize the risk of loss to 
                the Administration in the event of default.
            [(C) Applicability of other provisions.--Any 
        leverage that is issued to a company or companies 
        commonly controlled in an amount that exceeds 
        $90,000,000, whether as a result of an increase in the 
        Consumer Price Index or a decision of the 
        Administrator, is subject to subsection (d).
            [(D) Investments in low-income geographic areas.--
        In calculating the aggregate outstanding leverage of a 
        company for the purposes of subparagraph (A), the 
        Administrator shall not include the amount of the cost 
        basis of any equity investment made by the company in a 
        smaller enterprise located in a low-income geographic 
        area (as defined in section 351 [15 USCS Sec. 689]), to 
        the extent that the total of such amounts does not 
        exceed 50 percent of the company's private capital.
            [(E) Investments in energy saving small 
        businesses.--
                    [(i) In general.--Subject to clause (ii), 
                in calculating the aggregate outstanding 
                leverage of a company for purposes of 
                subparagraph (A), the Administrator shall 
                exclude the amount of the cost basis of any 
                Energy Saving qualified investment in a smaller 
                enterprise made in the first fiscal year after 
                the date of enactment of this subparagraph or 
                any fiscal year thereafter by a company 
                licensed in the applicable fiscal year.
                    [(ii) Limitations.--
                            [(I) Amount of exclusion.--The 
                        amount excluded under clause (i) for a 
                        company shall not exceed 33 percent of 
                        the private capital of that company.
                            [(II) Maximum investment.--A 
                        company shall not make an Energy Saving 
                        qualified investment in any one entity 
                        in an amount equal to more than 20 
                        percent of the private capital of that 
                        company.
                            [(III) Other terms.--The exclusion 
                        of amounts under clause (i) shall be 
                        subject to such terms as the 
                        Administrator may impose to ensure that 
                        there is no cost (as that term is 
                        defined in section 502 of the Federal 
                        Credit Reform Act of 1990 (2 U.S.C. 
                        661a)) with respect to purchasing or 
                        guaranteeing any debenture involved.
[For purposes of this subsection, the term ``venture capital'' 
includes such common stock, preferred stock, or other financing 
with subordination or nonamortization characteristics as the 
Administration determines to be substantially similar to equity 
financing.]

           *       *       *       *       *       *       *

[(d) Required certifications.

    [(1) In general.

            [The Administrator shall require each licensee, as 
        a condition of approval of an application for leverage, 
        to certify in writing--
                    [(A) for licensees with leverage less than 
                or equal to $90,000,000, that not less than 20 
                percent of the licensee's aggregate dollar 
                amount of financings will be provided to 
                smaller enterprises; and
                    [(B) for licensees with leverage in excess 
                of $90,000,000, that, in addition to satisfying 
                the requirements of subparagraph (A), 100 
                percent of the licensee's aggregate dollar 
                amount of financings made in whole or in part 
                with leverage in excess of $90,000,000 will be 
                provided to smaller enterprises (as defined in 
                section 103(12) of this title).

    [(2) Multiple licensees.

            [Multiple licensees under common control (as 
        determined by the Administrator) shall be considered to 
        be a single licensee for purposes of determining both 
        the applicability of and compliance with the investment 
        percentage requirements of this subsection.]
    (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.

           *       *       *       *       *       *       *

Sec. 686. Aggregate limitations on amount of assistance to any single 
                    enterprise

(a) Percentage limitation of private capital

    If any small business investment company has obtained 
financing from the Administration and such financing remains 
outstanding, the aggregate amount of obligations and securities 
acquired and for which commitments may be issued by such 
company under the provisions of this subchapter for any single 
enterprise shall not exceed [20 per centum] 30 percent of the 
private capital of such company, without the approval of the 
Administration.

           *       *       *       *       *       *       *

      SUBCHAPTER V--LOANS TO STATE AND LOCAL DEVELOPMENT COMPANIES

Sec. 696. Loans for plant acquisition, construction, conversion, and 
                    expansion

    The Administration may, in addition to its authority under 
section 501 [15 USCS Sec. 695], make loans for plant 
acquisition, construction, conversion or expansion, including 
the acquisition of land, to State and local development 
companies, and such loans may be made or effected either 
directly or in cooperation with banks or other lending 
institutions through agreements to participate on an immediate 
or deferred basis: Provided, however, That the foregoing powers 
shall be subject to the following restrictions and limitations:
            (1) Use of proceeds.--The proceeds of any such loan 
        shall be used solely by the borrower to assist 1 or 
        more identifiable small business concerns and for a 
        sound business purpose approved by the Administration.
            (2) Maximum amount.--
                    (A) In general.--Loans made by the 
                Administration under this section shall be 
                limited to--
                            (i) [$1,500,000] $3,000,000 for 
                        each small business concern if the loan 
                        proceeds will not be directed toward a 
                        goal or project described in 
                        subparagraph (B) or (C);
                            (ii) [$2,000,000] $3,500,000 for 
                        each small business concern if the loan 
                        proceeds will be directed toward 1 or 
                        more of the public policy goals 
                        described under section 501(d)(3) [15 
                        USCS Sec. 695(d)(3)];
                            (iii) [$4,000,000] $5,500,000 for 
                        each project of a small manufacturer;

           *       *       *       *       *       *       *

            (6) Ownership requirements.--Ownership requirements 
        to determine the eligibility of a small business 
        concern that applies for assistance under any credit 
        program under this title shall be determined without 
        regard to any ownership interest of a spouse arising 
        solely from the application of the community property 
        laws of a State for purposes of determining marital 
        interests.
            (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.

           *       *       *       *       *       *       *

                        TITLE 19--CUSTOMS DUTIES

                     CHAPTER 12--TRADE ACT OF 1974

             SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE

Sec. 2497. Supplemental agricultural disaster assistance

(a) * * *

           *       *       *       *       *       *       *

(e) * * *

           *       *       *       *       *       *       *

(g) Risk management purchase requirement.

    (1) * * *

           *       *       *       *       *       *       *

    (6) De minimis exception.

            (A) * * *

        

           *       *       *       *       *       *       *
            (B) * * *
            (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 ``1115 
                                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).

           *       *       *       *       *       *       *

               TITLE 33--NAVIGATION AND NAVIGABLE WATERS

         CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION

Sec. 902. Definitions.

    When used in this Act--
            (1) * * *
            (2) * * *
            (3) The term ``employee'' means any person engaged 
        in maritime employment, including any longshoreman or 
        other person engaged in longshoring operations, and any 
        harbor-worker including a ship repairman, shipbuilder, 
        and ship-breaker, but such term does not include--
                    (A) individuals employed exclusively to 
                perform office clerical, secretarial, security, 
                or data processing work;

           *       *       *       *       *       *       *

                    (F) individuals employed to build[, repair, 
                or dismantle] any recreational vessel under 
                sixty-five feet in length[;], 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 42--THE PUBLIC HEALTH AND WELFARE

 CHAPTER 41--DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT PROGRAM

SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *

Sec. 3374. Acquisition of property at or near military bases which have 
                    been ordered to be closed and certain property 
                    owned by members of the armed forces, Department of 
                    Defense and United States Coast Guard civilian 
                    employees, and surviving spouses

(a) Authorization; conditions precedent

    [Notwithstanding any other provision of law](1) Acquisition 
of property at or near military installations that have been 
ordered to be closed.--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 is situated at or near a military base or 
installation which the Department of Defense has, subsequent to 
November 1, 1964, ordered to be closed in whole or in part, [if 
he determines--] if--
            (A) the Secretary determines--
                    [(1)](i) that the owner of such property 
                is, or has been, a Federal employee employed at 
                or in connection with such base or installation 
                (other than a temporary employee serving under 
                a time limitation), a nonappropriated fund 
                instrumentality employee employed at a 
                nonappropriated fund instrumentality operated 
                in connection with such base or installation, 
                or a member of the Armed Forces of the United 
                States assigned thereto;
                    [(2)](ii) that the closing of such base or 
                installation, in whole or in part, has required 
                or will require the termination of such owner's 
                employment or service at or in connection with 
                such base or installation or, in the case of a 
                member of the Armed Forces not assigned to that 
                base or installation at the time of public 
                announcement of such closing, will prevent any 
                reassignment of such member to the base or 
                installation; and
                    [(3)](iii) that as the result of the actual 
                or pending closing of such base or installation 
                in whole or in part, or if as the result of 
                such action and other similar action in the 
                same area, there is no present market for the 
                sale of such property upon reasonable terms and 
                conditions[.]; or
            (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.

(b) Eligibility for benefits; criteria

    (1) In order to be eligible for the benefits of [this 
section] subsection (a)(1), a civilian employee or a member of 
the Armed Forces--

           *       *       *       *       *       *       *

    (2) A member of the Armed Forces shall also be eligible for 
the benefits of [this section] subsection (a)(1) if the 
member--

           *       *       *       *       *       *       *

    (3) The eligibility of a civilian employee and member of 
the Armed Forces under paragraph (1) and a member of the Armed 
Forces under paragraph (2) for benefits under [this section] 
subsection (a)(1) in connection with the closure of an 
installation or activity is subject to the additional 
conditions set out in paragraphs (4) and (5).

           *       *       *       *       *       *       *

    (5) * * *
            (A) * * *
            (B) be unemployed, not as a matter of personal 
        choice, and able to demonstrate such financial hardship 
        that they are unable to meet their mortgage payments 
        and related expenses.

(c) Election of benefits; mortgage loan encumbrance; 
        foreclosure expenses

    [Such persons] (1) Homeowner assistance related to closed 
military installations._
            (A) In general._Such persons as the Secretary of 
        Defense may determine to be eligible under the criteria 
        [set forth above shall elect either (1) to receive] set 
        forth in subsection (a)(1) shall 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 (A) 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 (B) 
                the fair market value] 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  of such 
                        property (as such value is so 
                        determined) at the [time of the sale, 
                        or (2) to receive] time of the sale; 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. The 
                Secretary may also pay a person who elects to 
                receive a cash payment under clause (1) of the 
                preceding sentence an amount] outstanding 
                mortgages.
                    (B) Reimbursement of expense.--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 Federal Government. Cash 
                payment] 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 as compensation for losses 
sustained in a private sale shall not be made in any case in 
which the property is encumbered by a mortgage loan guaranteed, 
insured, or held by a Federal agency unless such mortgage loan 
is paid, assumed by a purchaser satisfactory to such Federal 
agency, or otherwise fully satisfied at or prior to the time 
such cash payment is made. Except in cases of payment as 
compensation for losses, in the event of foreclosure by 
mortgagees commenced on or after public announcement of 
intention to close all or part of the military base or 
installation the Secretary of Defense may reimburse or pay on 
account of eligible persons such sums as may be paid or be 
otherwise due and owing by such persons as the result of such 
foreclosure, including (without limiting the generality of the 
foregoing) direct costs of judicial foreclosure, expenses and 
liabilities enforceable according to the terms of their 
mortgages or promissory notes, and the amount of debts, if any, 
established against such persons by a Federal agency in the 
case of loans made, guaranteed, or insured by such agency 
following liquidation of the security for such loans.

           *       *       *       *       *       *       *

[(g) Agreements between executive departments; delegation of 
        functions; finality of determinations; availability of 
        Fund

    [The Secretary of Defense is authorized to enter into such 
agreement with the Secretary of Housing and Urban Development 
as may be appropriate for the purposes of economy and 
efficiency of administration of this section. Such agreement 
may provide authority to the Secretary of Housing and Urban 
Development and his designee to make any or all of the 
determinations and take any or all of the actions which the 
Secretary of Defense is authorized to undertake pursuant to the 
preceding provisions of this section. Any such determinations 
shall be entitled to finality to the same extent as if made by 
the Secretary of Defense, and, in event the Secretaries of 
Defense and Housing and Urban Development so elect, the fund 
established pursuant to subsection (d) of this section shall be 
available to the Secretary of Housing and Urban Development to 
carry out the purposes thereof.]

           *       *       *       *       *       *       *

(l) Foreign property losses

    Notwithstanding the provisions of subsection [(a)(2)] 
(a)(1)(A)(ii) and subsection (b)(5) of this section, Federal 
employees or military personnel employed at or near a military 
base or installation outside the United States who are 
otherwise eligible under the criteria as set forth above shall 
be entitled to compensation for losses arising (1) out of the 
sale of property, or (2) out of the inability to sell property 
located on a base or installation, incident to the owner's 
transfer, reassignment, or involuntary termination of 
employment, which results in his relocation. Such employees or 
military personnel whose property is located off a base or 
installation shall be entitled to compensation under subsection 
(c) of this section for losses sustained in private sales. Such 
employees or personnel whose property is located on a base or 
installation, who sell or are unable to find a purchaser for 
such property, may surrender their interest in such property to 
the United States, and shall be entitled to compensation, 
notwithstanding lack of ownership of the land on which such 
property is located, in an amount equal to (A) 90 per centum of 
the sum of the present owner's purchase price of the dwelling 
and improvements, and all costs of ownership including interest 
on notes, utilities and services, maintenance and insurance, 
less (B) the total of all housing allowances received from the 
Government during ownership and occupancy of the dwelling, all 
rents collected, and the sale price, if any, received for the 
property, as determined by the Secretary of Defense: Provided, 
however, That the maximum compensation shall in no event exceed 
90 per centum of the unamortized portion of the cost of the 
property, including improvements, at the time ownership is 
terminated, as reflected in the amortization schedule, if any, 
relating to such property. For the purpose of this subsection, 
the term ``United States'' means the several States and the 
District of Columbia.

(m) Eligibility for benefits as to closure actions announced 
        after April 1, 1973; criteria

    In addition to the coverage provided above, the benefits of 
[this section] subsection (a)(1) shall apply, as to closure 
actions in the several States and the District of Columbia 
announced after April 1, 1973, to otherwise eligible employees 
or personnel who are (1) employed or assigned either at or near 
the base or installation affected by the closure action, and 
(2) are required to relocate, due to transfer, reassignment or 
involuntary termination of employment, for reasons other than 
the closure action.

(n) Relocation assistance for Coast Guard personnel

    (1) Assistance under [this section] subsection (a)(1) shall 
be provided by the Secretary of Defense with respect to Coast 
Guard bases and installations ordered to be closed, in whole or 
in part, after January 1, 1987. Such assistance shall be 
provided under terms equivalent to those under which assistance 
is provided under this section for closings of military bases 
and installations which are under the jurisdiction of the 
Secretary of Defense.
    (2) The Secretary of the department in which the Coast 
Guard is operating, if other than the Department of Defense, 
shall reimburse the Secretary of Defense for expenditures under 
[this section] subsection (a)(1) made by the Secretary of 
Defense with respect to closings of Coast Guard bases and 
installations ordered when the Coast Guard is not operating as 
a service in the Navy. The Secretary of Defense and the 
Secretary of the department in which the Coast Guard is 
operating shall enter into an agreement under which the 
Secretary of the department in which the Coast Guard is 
operating shall carry out such reimbursement.

(o) Relocation assistance for nonappropriated fund 
        instrumentality and other civilian employees

    (1) Assistance under [this section] subsection (a)(1) shall 
be provided by the Secretary of Defense with respect to 
nonappropriated fund instrumentality employees adversely 
affected by the closure of a base or installation ordered to be 
closed, in whole or in part, after December 31, 1988.
    (2) Notwithstanding subsection (b) of [this section] 
subsection (a)(1), a civilian employee who is serving overseas 
and is entitled to reemployment by the Federal Government 
(including a nonappropriated fund instrumentality of the United 
States) at or in connection with a base or installation ordered 
to be closed, in whole or in part, shall be entitled to the 
benefits of this section to the same extent as an employee 
employed at or in connection with that base or installation.
    (3)* * *
    [(4) For purposes of this section:
            [(A) The term ``nonappropriated fund 
        instrumentality employee'' means a civilian employee 
        who--
                    [(i) is a citizen of the United States; and
                    [(ii) 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) The term ``civilian employee'' has the meaning 
        given the term ``employee'' in section 2105(a) of title 
        5.]
    (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.

           *       *       *       *       *       *       *

          CHAPTER 81--ENERGY CONSERVATION AND RESOURCE RENEWAL

 SUBCHAPTER III--ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE 
                         FOR EXISTING BUILDINGS

        Part A--Weatherization Assistance for Low-Income Persons

Sec. 6862. Definitions

    As used in this part:
            (1) * * *

           *       *       *       *       *       *       *

            (7) The term ``low-income'' means that income in 
        relation to family size which (A) is at or below [150 
        percent] 200 percent of the poverty level determined in 
        accordance with criteria established by the Director of 
        the Office of Management and Budget, except that the 
        Secretary may establish a higher level if the 
        Secretary, after consulting with the Secretary of 
        Agriculture and the Director of the Community Services 
        Administration, determines that such a higher level is 
        necessary to carry out the purposes of this part and is 
        consistent with the eligibility criteria established 
        for the weatherization program under section 
        2809(a)(12) of this title, (B) is the basis on which 
        cash assistance payments have been paid during the 
        preceding 12-month period under titles IV and XVI of 
        the Social Security Act [42 U.S.C. 601 et seq., 1381 et 
        seq.] or applicable State or local law, or (C) if a 
        State elects, is the basis for eligibility for 
        assistance under the Low-Income Home Energy Assistance 
        Act of 1981 (42 U.S.C. 8621), provided that such basis 
        is at least [150 percent] 200 percent of the poverty 
        level determined in accordance with criteria 
        established by the Director of the Office of Management 
        and Budget.

           *       *       *       *       *       *       *

Sec. 6865. Limitations on financial assistance

(a) * * *

           *       *       *       *       *       *       *

(c) Limitations on expenditures; exceptions; annual adjustments

    (1) Except as provided in paragraphs (3) and (4), the 
expenditure of financial assistance provided under this part 
for labor, weatherization materials, and related matters shall 
not exceed an average of [$2,500] $5,000 per dwelling unit 
weatherized in that State. Labor, weatherization materials, and 
related matter includes, but is not limited to--

           *       *       *       *       *       *       *

Sec. 6866. Monitoring and evaluation of funded projects; technical 
                    assistance; limitation on assistance

    The Secretary, in coordination with the Director, shall 
monitor and evaluate the operation of projects receiving 
financial assistance under this part through methods provided 
for in section 6867(a) of this title, through onsite 
inspections, or through other means, in order to assure the 
effective provision of weatherization assistance for the 
dwelling units of low-income persons. The Secretary shall also 
carry out periodic evaluations of the program authorized by 
this part and projects receiving financial assistance under 
this part. The Secretary may provide technical assistance to 
any such project, directly and through persons and entities 
with a demonstrated capacity in developing and implementing 
appropriate technology for enhancing the effectiveness of the 
provision of weatherization assistance to the dwelling units of 
low-income persons, utilizing in any fiscal year not to exceed 
[10 percent] up to 20 percent of the sums appropriated for such 
year under this part.

           *       *       *       *       *       *       *

                        TITLE 49--TRANSPORTATION

             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

                   CHAPTER 53--PUBLIC TRANSPORTATION

Sec. 5309. Capital investment grants

    (a) * * *

           *       *       *       *       *       *       *

    (g) * * *

           *       *       *       *       *       *       *

            (1) * * *

           *       *       *       *       *       *       *

            (4) Limitation on amounts.--
                    (A) Major capital investment grants 
                contingent commitment authority.--The total 
                estimated amount of future obligations of the 
                Government and contingent commitments to incur 
                obligations covered by all outstanding letters 
                of intent, full funding grant agreements, and 
                early systems work agreements under this 
                subsection for major new fixed guideway capital 
                projects may be not more than the greater of 
                the amount authorized under sections 5338(a)(3) 
                and 5338(c) for such projects [or an amount 
                equivalent to the last 3 fiscal years of 
                funding allocated under subsections (m)(1)(A) 
                and (m)(2)(A)(ii)] 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 for such 
                projects, less an amount the Secretary 
                reasonably estimates is necessary for grants 
                under this section for those of such projects 
                that are not covered by a letter or agreement. 
                The total amount covered by new letters and 
                contingent commitments included in full funding 
                grant agreements and early systems work 
                agreements for such projects may be not more 
                than a limitation specified in law.

           *       *       *       *       *       *       *

SOCIAL SECURITY ACT

           *       *       *       *       *       *       *

    Sec. 1.* * *

           *       *       *       *       *       *       *

                 Part C--Administrative Simplification

                              Definitions

    Sec. 1171. For purposes of this part:
            (1) Code set.--* * *

           *       *       *       *       *       *       *

            (5) Health plan.--* * *
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) Parts A, B, [or C] C, or D of the 
                Medicare program under title XVIII.

           *       *       *       *       *       *       *

 GENERAL PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS AND STANDARDS

    Sec. 1176. (a) General Penalty.--
            (1) General.--Except as provided in subsection (b), 
        the Secretary shall impose on any person [who violates 
        a provision of this part a penalty of not more than 
        $100 for each such violation, except that the total 
        amount imposed on the person for all violations of an 
        identical requirement or prohibition during a calendar 
        year may not exceed $25,000.]  who violates a provision 
        of this part--
                    (A) in the case of a violation of such 
                provision in which it is established that the 
                person did not know (and by exercising 
                reasonable diligence would not have known) that 
                such person violated such provision, a penalty 
                for each such violation of an amount that is at 
                least the amount described in paragraph (3)(A) 
                but not to exceed the amount described in 
                paragraph (3)(D);
                    (B) in the case of a violation of such 
                provision in which it is established that the 
                violation was due to reasonable cause and not 
                to willful neglect, a penalty for each such 
                violation of an amount that is at least the 
                amount described in paragraph (3)(B) but not to 
                exceed the amount described in paragraph 
                (3)(D); and
                    (C) in the case of a violation of such 
                provision in which it is established that the 
                violation was due to willful neglect--
                            (i) if the violation is corrected 
                        as described in subsection (b)(3)(A), a 
                        penalty in an amount that is at least 
                        the amount described in paragraph 
                        (3)(C) but not to exceed the amount 
                        described in paragraph (3)(D); and
                            (ii) if the violation is not 
                        corrected as described in such 
                        subsection, a penalty in an amount that 
                        is at least the amount described in 
                        paragraph (3)(D).
                In determining the amount of a penalty under 
                this section for a violation, the Secretary 
                shall base such determination on the nature and 
                extent of the violation and the nature and 
                extent of the harm resulting from such 
                violation.
            (2) * * *
            (3) Tiers of penalties described.--For purposes of 
        paragraph (1), with respect to a violation by a person 
        of a provision of this part--
                    (A) the amount described in this 
                subparagraph is $100 for each such violation, 
                except that the total amount imposed on the 
                person for all such violations of an identical 
                requirement or prohibition during a calendar 
                year may not exceed $25,000;
                    (B) the amount described in this 
                subparagraph is $1,000 for each such violation, 
                except that the total amount imposed on the 
                person for all such violations of an identical 
                requirement or prohibition during a calendar 
                year may not exceed $100,000;
                    (C) the amount described in this 
                subparagraph is $10,000 for each such 
                violation, except that the total amount imposed 
                on the person for all such violations of an 
                identical requirement or prohibition during a 
                calendar year may not exceed $250,000; and
                    (D) the amount described in this 
                subparagraph is $50,000 for each such 
                violation, except that the total amount imposed 
                on the person for all such violations of an 
                identical requirement or prohibition during a 
                calendar year may not exceed $1,500,000.
            (b) Limitations.--
                    (1) Offenses otherwise punishable.--[A 
                penalty may not be imposed under subsection 
                (a)] No penalty may be imposed under subsection 
                (a) and no damages obtained under section (d) 
                with respect to an act if [the act constitutes 
                an offense punishable under section 1177] a 
                penalty has been imposed under section 1177 
                with respect to such act.
                    [(2) Noncompliance not discovered.--A 
                penalty may not be imposed under section (a) 
                with respect to a provision of this part if it 
                is established to the satisfaction of the 
                Secretary that the person liable for the 
                penalty did not know, and be exercising 
                reasonable diligence would not have known, that 
                such person violated the provision.]
                    [(3)] (2) Failures due to reasonable 
                cause.--
                            (A) In general.--Except as provided 
                        [in subparagraph (B), a penalty may not 
                        be imposed under subsection (a) if--
                                    [(i) the failure to comply 
                                was due to reasonable cause and 
                                not to willful neglect; and
                                    [(ii) the failure to comply 
                                is corrected] in subparagraph 
                                (B) or subsection (a)(1)(C), [a 
                                penalty may not be imposed 
                                under subsection (a)] no 
                                penalty may be imposed under 
                                subsection (a) and no damages 
                                obtained under subsection (d) 
                                if the failure to comply is 
                                corrected during the 30-day 
                                period beginning on the first 
                                date the person liable for the 
                                penalty or damages knew, or by 
                                exercising reasonable diligence 
                                would have known, that the 
                                failure to comply occurred.
                            (B) Extension of period.--
                                    (i) No penalty.--[The 
                                period] With respect to the 
                                imposition of a penalty by the 
                                Secretary under subsection (a), 
                                the period referred to in 
                                subparagraph [(A)(iii)] (A) may 
                                be expended as determined 
                                appropriate by the Secretary 
                                based on the nature and extent 
                                of the failure to comply.
                                    (ii) Assistance.--If the 
                                Secretary determines that a 
                                person failed to comply because 
                                the person was unable to 
                                comply, the Secretary may 
                                provide technical assistance to 
                                the person during the period 
                                described in subparagraph 
                                [(A)(ii)] (A). Such assistance 
                                shall be provided in any manner 
                                determined appropriate by the 
                                Secretary.
                    [(4)] (3) Reduction.--In the case of a 
                failure to comply which is due to reasonable 
                cause and not to willful neglect, any penalty 
                under subsection (a) and any damages under 
                subsection (d) that is not entirely waived 
                under paragraph (3) may be waived to the extent 
                that the payment of such penalty would be 
                excessive relative to the compliance failure 
                involved.
    (c) Noncompliance Due to Willful Neglect.--
            (1) In general.--A violation of a provision of this 
        part due to willful neglect is a violation for which 
        the Secretary is required to impose a penalty under 
        subsection (a)(1).
            (2) Required investigation.--For purposes of 
        paragraph (1), the Secretary shall formally investigate 
        any complaint of a violation of a provision of this 
        part if a preliminary investigation of the facts of the 
        complaint indicate such a possible violation due to 
        willful neglect.
    (d) Enforcement by State Attorneys General.--
            (1) Civil action.--Except as provided in subsection 
        (b), in any case in which the attorney general of a 
        State has reason to believe that an interest of one or 
        more of the residents of that State has been or is 
        threatened or adversely affected by any person who 
        violates a provision of this part, the attorney general 
        of the State, as parens patriae, may bring a civil 
        action on behalf of such residents of the State in a 
        district court of the United States of appropriate 
        jurisdiction--
                    (A) to enjoin further such violation by the 
                defendant; or
                    (B) to obtain damages on behalf of such 
                residents of the State, in an amount equal to 
                the amount determined under paragraph (2).
            (2) Statutory damages.--
                    (A) In general.--For purposes of paragraph 
                (1)(B), the amount determined under this 
                paragraph is the amount calculated by 
                multiplying the number of violations by up to 
                $100. For purposes of the preceding sentence, 
                in the case of a continuing violation, the 
                number of violations shall be determined 
                consistent with the HIPAA privacy regulations 
                (as defined in section 1180(b)(3)) for 
                violations of subsection (a).
                    (B) Limitation.--The total amount of 
                damages imposed on the person for all 
                violations of an identical requirement or 
                prohibition during a calendar year may not 
                exceed $25,000.
                    (C) Reduction of damages.--In assessing 
                damages under subparagraph (A), the court may 
                consider the factors the Secretary may consider 
                in determining the amount of a civil money 
                penalty under subsection (a) under the HIPAA 
                privacy regulations.
            (3) Attorney fees.--In the case of any successful 
        action under paragraph (1), the court, in its 
        discretion, may award the costs of the action and 
        reasonable attorney fees to the State.
            (4) Notice to secretary.--The State shall serve 
        prior written notice of any action under paragraph (1) 
        upon the Secretary and provide the Secretary with a 
        copy of its complaint, except in any case in which such 
        prior notice is not feasible, in which case the State 
        shall serve such notice immediately upon instituting 
        such action. The Secretary shall have the right--
                    (A) to intervene in the action;
                    (B) upon so intervening, to be heard on all 
                matters arising therein; and
                    (C) to file petitions for appeal.
            (5) Construction.--For purposes of bringing any 
        civil action under paragraph (1), nothing in this 
        section shall be construed to prevent an attorney 
        general of a State from exercising the powers conferred 
        on the attorney general by the laws of that State.
            (6) Venue; service of process.--
                    (A) Venue.--Any action brought under 
                paragraph (1) may be brought in the district 
                court of the United States that meets 
                applicable requirements relating to venue under 
                section 1391 of title 28, United States Code.
                    (B) Service of process.--In an action 
                brought under paragraph (1), process may be 
                served in any district in which the defendant--
                            (i) is an inhabitant; or
                            (ii) maintains a physical place of 
                        business.
            (7) Limitation on state action while federal action 
        is pending.--If the Secretary has instituted an action 
        against a person under subsection (a) with respect to a 
        specific violation of this part, no State attorney 
        general may bring an action under this subsection 
        against the person with respect to such violation 
        during the pendency of that action.
            (8) Application of cmp statute of limitation.--A 
        civil action may not be instituted with respect to a 
        violation of this part unless an action to impose a 
        civil money penalty may be instituted under subsection 
        (a) with respect to such violation consistent with the 
        second sentence of section 1128A(c)(1).
    (e) Allowing continued use of corrective action.--Nothing 
in this section shall be construed as preventing the Office of 
Civil Rights of the Department of Health and Human Services 
from continuing, in its discretion, to use corrective action 
without a penalty in cases where the person did not know (and 
by exercising reasonable diligence would not have known) of the 
violation involved.

           *       *       *       *       *       *       *

  WRONGFUL DISCLOSURE OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION

    Sec. 1177. (a) Offense.--A person who knowingly and in 
violation of this part--
            (1)* * *

           *       *       *       *       *       *       *

            (3) disclosure individually identifiable health 
        information to another person, shall be punished as 
        provided in subsection (b).

           *       *       *       *       *       *       *

    For purposes of the previous sentence, a person (including 
an employee or other individual) shall be considered to have 
obtained or disclosed individually identifiable health 
information in violation of this part if the information is 
maintained by a covered entity (as defined in the HIPAA privacy 
regulation described in section 1180(b)(3)) and the individual 
obtained or disclosed such information without authorization.

           *       *       *       *       *       *       *

             PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978

TITLE I--RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES

           *       *       *       *       *       *       *

SEC. 112. OBLIGATIONS TO CONSIDER AND DETERMINE.

    (a) * * *

           *       *       *       *       *       *       *

    (b) Time Limitations.--(1) * * *
    (2) * * *

           *       *       *       *       *       *       *

            (6)(A) Not later than 1 year after the enactment of 
        this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has 
        ratemaking authority) and each nonregulated utility 
        shall commence the consideration referred to in section 
        111, or set a hearing date for consideration, with 
        respect to the standards established by paragraphs 
        [(17) through (18)] (16) through (19) of section 
        111(d).
            (B) Not later than 2 years after the date of the 
        enactment of this paragraph, each State regulatory 
        authority (with respect to each electric utility for 
        which it has ratemaking authority), and each 
        nonregulated electric utility, shall complete the 
        consideration, and shall make the determination, 
        referred to in section 111 with respect to each 
        standard established by paragraphs [(17) through (18)] 
        (16) through (19) of section 111(d).

           *       *       *       *       *       *       *

    (d) Prior State Actions.--Subsections (b) and (c) of this 
section shall not apply to the standards established by 
paragraphs (11) through (13) and paragraphs [(17) through (18)] 
(16) through (19) of section 111(d) in the case of any electric 
utility in a State if, before the enactment of this 
subsection--

           *       *       *       *       *       *       *

PUBLIC SERVICE ACT

           *       *       *       *       *       *       *

TITLE XXIX--LIFESPAN RESPITE CARE

           *       *       *       *       *       *       *

SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title--
            (1) $30,000,000 for fiscal year 2007;
            (2) * * *

           *       *       *       *       *       *       *

          TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITY

SEC. 3000. DEFINITIONS.

    In this title:
            (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, 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'' means 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, 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
                    (B) has the capacity--
                            (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 
        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. The Coordinator shall make such 
        determination, and report to the Secretary such 
        determination, not later than 45 days after the date 
        the recommendation is received by the Coordinator.
            (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.
            (3) Strategic plan.--
                    (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) Certification.--
                    (A) In general.--The National Coordinator, 
                in consultation with the Director of the 
                National Institute of Standards and Technology, 
                shall develop a program (either directly or by 
                contract) for the voluntary certification of 
                health information technology as being in 
                compliance with applicable certification 
                criteria adopted under this subtitle. Such 
                program shall include 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 the required level of Federal 
                funding, expectations for regional, State, and 
                private investment, and the expected 
                contributions by volunteers to activities for 
                the utilization of such records.
            (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--
                    (A) not interrupt or otherwise affect the 
                civil service status or privileges of the 
                Federal employee; and
                    (B) be in addition to any other staff of 
                the Department employed by the National 
                Coordinator.
            (3) Acceptance of detailees.--Notwithstanding any 
        other provision of law, the Office may accept detailed 
        personnel from other Federal agencies without regard to 
        whether the agency described under paragraph (1) is 
        reimbursed.
    (e) Chief Privacy Officer of the Office of the National 
Coordinator.--Not later than 12 months after the date of the 
enactment of this title, the Secretary shall appoint a Chief 
Privacy Officer of the Office of the National Coordinator, 
whose duty it shall be to advise the National Coordinator on 
privacy, security, and data stewardship of electronic health 
information and to coordinate with other Federal agencies (and 
similar privacy officers in such agencies), with State and 
regional efforts, and with foreign countries with regard to the 
privacy, security, and data stewardship of electronic 
individually identifiable health information.

SEC. 3002. HIT POLICY COMMITTEE.

    (a) Establishment.--There is established a HIT Policy 
Committee to make policy recommendations to the National 
Coordinator relating to the implementation of a nationwide 
health information technology infrastructure, including 
implementation of the strategic plan described in section 
3001(c)(3).
    (b) Duties.--
            (1) Recommendations on health information 
        technology infrastructure.--The HIT Policy Committee 
        shall recommend a policy framework for the development 
        and adoption of a nationwide health information 
        technology infrastructure that permits the electronic 
        exchange and use of health information as is consistent 
        with the strategic plan under section 3001(c)(3) and 
        that includes the recommendations under paragraph (2). 
        The Committee shall update such recommendations and 
        make new recommendations as appropriate.
            (2) Specific areas of standard development.--
                    (A) In general.--The HIT Policy Committee 
                shall recommend the areas in which standards, 
                implementation specifications, and 
                certification criteria are needed for the 
                electronic exchange and use of health 
                information for purposes of adoption under 
                section 3004 and shall recommend an order of 
                priority for the development, harmonization, 
                and recognition of such standards, 
                specifications, and certification criteria 
                among the areas so recommended. Such standards 
                and implementation specifications shall include 
                named standards, architectures, and software 
                schemes for the authentication and security of 
                individually identifiable health information 
                and other information as needed to ensure the 
                reproducible development of common solutions 
                across disparate entities.
                    (B) Areas required for consideration.--For 
                purposes of subparagraph (A), the HIT Policy 
                Committee shall make recommendations for at 
                least the following areas:
                            (i) Technologies that protect the 
                        privacy of health information and 
                        promote security in a qualified 
                        electronic health record, including for 
                        the segmentation and protection from 
                        disclosure of specific and sensitive 
                        individually identifiable health 
                        information with the goal of minimizing 
                        the reluctance of patients to seek care 
                        (or disclose information about a 
                        condition) because of privacy concerns, 
                        in accordance with applicable law, and 
                        for the use and disclosure of limited 
                        data sets of such information.
                            (ii) A nationwide health 
                        information technology infrastructure 
                        that allows for the electronic use and 
                        accurate exchange of health 
                        information.
                            (iii) The utilization of a 
                        certified electronic health record for 
                        each person in the United States by 
                        2014.
                            (iv) Technologies that as a part of 
                        a qualified electronic health record 
                        allow for an accounting of disclosures 
                        made by a covered entity (as defined 
                        for purposes of regulations promulgated 
                        under section 264(c) of the Health 
                        Insurance Portability and 
                        Accountability Act of 1996) for 
                        purposes of treatment, payment, and 
                        health care operations (as such terms 
                        are defined for purposes of such 
                        regulations).
                            (v) The use of certified electronic 
                        health records to improve the quality 
                        of health care, such as by promoting 
                        the coordination of health care and 
                        improving continuity of health care 
                        among health care providers, by 
                        reducing medical errors, by improving 
                        population health, reducing chronic 
                        disease, and by advancing research and 
                        education.
                    (C) Other areas for consideration.--In 
                making recommendations under subparagraph (A), 
                the HIT Policy Committee may consider the 
                following additional areas:
                            (i) The appropriate uses of a 
                        nationwide health information 
                        infrastructure, including for purposes 
                        of--
                                    (I) the collection of 
                                quality data and public 
                                reporting;
                                    (II) biosurveillance and 
                                public health;
                                    (III) medical and clinical 
                                research; and
                                    (IV) drug safety.
                            (ii) Self-service technologies that 
                        facilitate the use and exchange of 
                        patient information and reduce wait 
                        times.
                            (iii) Telemedicine technologies, in 
                        order to reduce travel requirements for 
                        patients in remote areas.
                            (iv) Technologies that facilitate 
                        home health care and the monitoring of 
                        patients recuperating at home.
                            (v) Technologies that help reduce 
                        medical errors.
                            (vi) Technologies that facilitate 
                        the continuity of care among health 
                        settings.
                            (vii) Technologies that meet the 
                        needs of diverse populations.
                            (viii) Technologies and design 
                        features that address the needs of 
                        children and other vulnerable 
                        populations.
                            (ix) Any other technology that the 
                        HIT Policy Committee finds to be among 
                        the technologies with the greatest 
                        potential to improve the quality and 
                        efficiency of health care.
            (3) Forum.--The HIT Policy Committee shall serve as 
        a forum for broad stakeholder input with specific 
        expertise in policies relating to the matters described 
        in paragraphs (1) and (2).
    (c) Membership and Operations.--
            (1) In general.--The National Coordinator shall 
        provide leadership in the establishment and operations 
        of the HIT Policy Committee.
            (2) Membership.--The membership of the HIT Policy 
        Committee shall at least reflect providers, ancillary 
        healthcare workers, consumers, purchasers, health 
        plans, technology vendors, researchers, relevant 
        Federal agencies, and individuals with technical 
        expertise on health care quality, privacy and security, 
        and on the electronic exchange and use of health 
        information.
            (3) Consideration.--The National Coordinator shall 
        ensure that the relevant recommendations and comments 
        from the National Committee on Vital and Health 
        Statistics are considered in the development of 
        policies.
    (d) Application of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.), other than section 14 of such Act, shall 
apply to the HIT Policy Committee.
    (e) Publication.--The Secretary shall provide for 
publication in the Federal Register and the posting on the 
Internet website of the Office of the National Coordinator for 
Health Information Technology of all policy recommendations 
made by the HIT Policy Committee under this section.

SEC. 3003. HIT STANDARDS COMMITTEE.

    (a) Establishment.--There is established a committee to be 
known as the HIT Standards Committee to recommend to the 
National Coordinator standards, implementation specifications, 
and certification criteria for the electronic exchange and use 
of health information for purposes of adoption under section 
3004, consistent with the implementation of the strategic plan 
described in section 3001(c)(3) and beginning with the areas 
listed in section 3002(b)(2)(B) in accordance with policies 
developed by the HIT Policy Committee.
    (b) Duties.--
            (1) Standard development.--
                    (A) In general.--The HIT Standards 
                Committee shall recommend to the National 
                Coordinator standards, implementation 
                specifications, and certification criteria 
                described in subsection (a) that have been 
                developed, harmonized, or recognized by the HIT 
                Standards Committee. The HIT Standards 
                Committee shall update such recommendations and 
                make new recommendations as appropriate, 
                including in response to a notification sent 
                under section 3004(b)(2). Such recommendations 
                shall be consistent with the latest 
                recommendations made by the HIT Policy 
                Committee.
                    (B) Pilot testing of standards and 
                implementation specifications.--In the 
                development, harmonization, or recognition of 
                standards and implementation specifications, 
                the HIT Standards Committee shall, as 
                appropriate, provide for the testing of such 
                standards and specifications by the National 
                Institute for Standards and Technology under 
                section 14201 of the Health Information 
                Technology for Economic and Clinical Health 
                Act.
                    (C) Consistency.--The standards, 
                implementation specifications, and 
                certification criteria recommended under this 
                subsection shall be consistent with the 
                standards for information transactions and data 
                elements adopted pursuant to section 1173 of 
                the Social Security Act.
            (2) Forum.--The HIT Standards Committee shall serve 
        as a forum for the participation of a broad range of 
        stakeholders to provide input on the development, 
        harmonization, and recognition of standards, 
        implementation specifications, and certification 
        criteria necessary for the development and adoption of 
        a nationwide health information technology 
        infrastructure that allows for the electronic use and 
        exchange of health information.
            (3) Schedule.--Not later than 90 days after the 
        date of the enactment of this title, the HIT Standards 
        Committee shall develop a schedule for the assessment 
        of policy recommendations developed by the HIT Policy 
        Committee under section 3002. The HIT Standards 
        Committee shall update such schedule annually. The 
        Secretary shall publish such schedule in the Federal 
        Register.
            (4) Public input.--The HIT Standards Committee 
        shall conduct open public meetings and develop a 
        process to allow for public comment on the schedule 
        described in paragraph (3) and recommendations 
        described in this subsection. Under such process 
        comments shall be submitted in a timely manner after 
        the date of publication of a recommendation under this 
        subsection.
    (c) Membership and Operations.--
            (1) In general.--The National Coordinator shall 
        provide leadership in the establishment and operations 
        of the HIT Standards Committee.
            (2) Membership.--The membership of the HIT 
        Standards Committee shall at least reflect providers, 
        ancillary healthcare workers, consumers, purchasers, 
        health plans, technology vendors, researchers, relevant 
        Federal agencies, and individuals with technical 
        expertise on health care quality, privacy and security, 
        and on the electronic exchange and use of health 
        information.
            (3) Consideration.--The National Coordinator shall 
        ensure that the relevant recommendations and comments 
        from the National Committee on Vital and Health 
        Statistics are considered in the development of 
        standards.
            (4) Assistance.--For the purposes of carrying out 
        this section, the Secretary may provide or ensure that 
        financial assistance is provided by the HIT Standards 
        Committee to defray in whole or in part any membership 
        fees or dues charged by such Committee to those 
        consumer advocacy groups and not for profit entities 
        that work in the public interest as a part of their 
        mission.
    (d) Application of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.), other than section 14, shall apply to the 
HIT Standards Committee.
    (e) Publication.--The Secretary shall provide for 
publication in the Federal Register and the posting on the 
Internet website of the Office of the National Coordinator for 
Health Information Technology of all recommendations made by 
the HIT Standards Committee under this section.

SEC. 3004. PROCESS FOR ADOPTION OF ENDORSED RECOMMENDATIONS; ADOPTION 
                    OF INITIAL SET OF STANDARDS, IMPLEMENTATION 
                    SPECIFICATIONS, AND CERTIFICATION CRITERIA.

    (a) Process for Adoption of Endorsed Recommendations.--
            (1) Review of endorsed standards, implementation 
        specifications, and certification criteria.--Not later 
        than 90 days after the date of receipt of standards, 
        implementation specifications, or certification 
        criteria endorsed under section 3001(c), the Secretary, 
        in consultation with representatives of other relevant 
        Federal agencies, shall jointly review such standards, 
        implementation specifications, or certification 
        criteria and shall determine whether or not to propose 
        adoption of such standards, implementation 
        specifications, or certification criteria.
            (2) Determination to adopt standards, 
        implementation specifications, and certification 
        criteria.--If the Secretary determines--
                    (A) to propose adoption of any grouping of 
                such standards, implementation specifications, 
                or certification criteria, the Secretary shall, 
                by regulation, determine whether or not to 
                adopt such grouping of standards, 
                implementation specifications, or certification 
                criteria; or
                    (B) not to propose adoption of any grouping 
                of standards, implementation specifications, or 
                certification criteria, the Secretary shall 
                notify the National Coordinator and the HIT 
                Standards Committee in writing of such 
                determination and the reasons for not proposing 
                the adoption of such recommendation.
            (3) Publication.--The Secretary shall provide for 
        publication in the Federal Register of all 
        determinations made by the Secretary under paragraph 
        (1).
    (b) Adoption of Initial Set of Standards, Implementation 
Specifications, and Certification Criteria.--
            (1) In general.--Not later than December 31, 2009, 
        the Secretary shall, through the rulemaking process 
        described in section 3003, adopt an initial set of 
        standards, implementation specifications, and 
        certification criteria for the areas required for 
        consideration under section 3002(b)(2)(B).
            (2) Application of current standards, 
        implementation specifications, and certification 
        criteria.--The standards, implementation 
        specifications, and certification criteria adopted 
        before the date of the enactment of this title through 
        the process existing through the Office of the National 
        Coordinator for Health Information Technology may be 
        applied towards meeting the requirement of paragraph 
        (1).

SEC. 3005. APPLICATION AND USE OF ADOPTED STANDARDS AND IMPLEMENTATION 
                    SPECIFICATIONS BY FEDERAL AGENCIES.

    For requirements relating to the application and use by 
Federal agencies of the standards and implementation 
specifications adopted under section 3004, see section 13111 of 
the Health Information Technology for Economic and Clinical 
Health Act.

SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPTED STANDARDS AND 
                    IMPLEMENTATION SPECIFICATIONS BY PRIVATE ENTITIES.

    (a) In General.--Except as provided under section 13112 of 
the Health Information Technology for Economic and Clinical 
Health Act, any standard or implementation specification 
adopted under section 3004 shall be voluntary with respect to 
private entities.
    (b) Rule of Construction.--Nothing in this subtitle shall 
be construed to require that a private entity that enters into 
a contract with the Federal Government apply or use the 
standards and implementation specifications adopted under 
section 3004 with respect to activities not related to the 
contract.

SEC. 3007. FEDERAL HEALTH INFORMATION TECHNOLOGY.

    (a) In General.--The National Coordinator shall support the 
development, routine updating and provision of qualified EHR 
technology (as defined in section 3000) consistent with 
subsections (b) and (c) unless the Secretary determines that 
the needs and demands of providers are being substantially and 
adequately met through the marketplace.
    (b) Certification.--In making such EHR technology publicly 
available, the National Coordinator shall ensure that the 
qualified EHR technology described in subsection (a) is 
certified under the program developed under section 3001(c)(3) 
to be in compliance with applicable standards adopted under 
section 3003(a).
    (c) Authorization to Charge a Nominal Fee.--The National 
Coordinator may impose a nominal fee for the adoption by a 
health care provider of the health information technology 
system developed or approved under subsection (a) and (b). Such 
fee shall take into account the financial circumstances of 
smaller providers, low income providers, and providers located 
in rural or other medically underserved areas.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to require that a private or government entity adopt 
or use the technology provided under this section.

SEC. 3008. TRANSITIONS.

    (a) ONCHIT.--To the extent consistent with section 3001, 
all functions, personnel, assets, liabilities, and 
administrative actions applicable to the National Coordinator 
for Health Information Technology appointed under Executive 
Order 13335 or the Office of such National Coordinator on the 
date before the date of the enactment of this title shall be 
transferred to the National Coordinator appointed under section 
3001(a) and the Office of such National Coordinator as of the 
date of the enactment of this title.
    (b) AHIC.--
            (1) To the extent consistent with sections 3002 and 
        3003, all functions, personnel, assets, and liabilities 
        applicable to the AHIC Successor, Inc. doing business 
        as the National eHealth Collaborative as of the day 
        before the date of the enactment of this title shall be 
        transferred to the HIT Policy Committee or the HIT 
        Standards Committee, established under section 3002(a) 
        or 3003(a), as appropriate, as of the date of the 
        enactment of this title.
            (2) In carrying out section 3003(b)(1)(A), until 
        recommendations are made by the HIT Policy Committee, 
        recommendations of the HIT Standards Committee shall be 
        consistent with the most recent recommendations made by 
        such AHIC Successor, Inc.
    (c) Rules of Construction.--
            (1) ONCHIT.--Nothing in section 3001 or subsection 
        (a) shall be construed as requiring the creation of a 
        new entity to the extent that the Office of the 
        National Coordinator for Health Information Technology 
        established pursuant to Executive Order 13335 is 
        consistent with the provisions of section 3001.
            (2) AHIC.--Nothing in sections 3002 or 3003 or 
        subsection (b) shall be construed as prohibiting the 
        AHIC Successor, Inc. doing business as the National 
        eHealth Collaborative from modifying its charter, 
        duties, membership, and any other structure or function 
        required to be consistent with section 3002 and 3003 in 
        a manner that would permit the Secretary to choose to 
        recognize such AHIC Successor, Inc. as the HIT Policy 
        Committee or the HIT Standards Committee.

SEC. 3009. RELATION TO HIPAA PRIVACY AND SECURITY LAW.

    (a) In General.--With respect to the relation of this title 
to HIPAA privacy and security law:
            (1) This title may not be construed as having any 
        effect on the authorities of the Secretary under HIPAA 
        privacy and security law.
            (2) The purposes of this title include ensuring 
        that the health information technology standards and 
        implementation specifications adopted under section 
        3004 take into account the requirements of HIPAA 
        privacy and security law.
    (b) Definition.--For purposes of this section, the term 
``HIPAA privacy and security law'' means--
            (1) the provisions of part C of title XI of the 
        Social Security Act, section 264 of the Health 
        Insurance Portability and Accountability Act of 1996, 
        and subtitle D of the Health Information Technology for 
        Economic and Clinical Health Act; and
            (2) regulations under such provisions.

  Subtitle B--Incentives for the Use of Health Information Technology

SEC. 3011. IMMEDIATE FUNDING TO STRENGTHEN THE HEALTH INFORMATION 
                    TECHNOLOGY INFRASTRUCTURE.

    (a) In General.--The Secretary of Health and Human Services 
shall, using amounts appropriated under section 3018, 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 National 
Coordinator (and, as available) under section 3001. To the 
greatest extent practicable, the Secretary shall ensure that 
any funds so appropriated shall be used for the acquisition of 
health information technology that meets standards and 
certification criteria adopted before the date of the enactment 
of this title until such date as the standards are adopted 
under section 3004. The Secretary shall invest funds through 
the different agencies with expertise in such goals, such as 
the Office of the National Coordinator for Health Information 
Technology, the Health Resources and Services Administration, 
the Agency for Healthcare Research and Quality, the Centers of 
Medicare & Medicaid Services, the Centers for Disease Control 
and Prevention, and the Indian Health Service to support the 
following:
            (1) Health information technology architecture that 
        will support the nationwide electronic exchange and use 
        of health information in a secure, private, and 
        accurate manner, including connecting health 
        information exchanges, and which may include updating 
        and implementing the infrastructure necessary within 
        different agencies of the Department of Health and 
        Human Services to support the electronic use and 
        exchange of health information.
            (2) Development and adoption of appropriate 
        certified electronic health records for categories of 
        providers not eligible for support under title XVIII or 
        XIX of the Social Security Act for the adoption of such 
        records.
            (3) Training on and dissemination of information on 
        best practices to integrate health information 
        technology, including electronic health records, into a 
        provider's delivery of care, consistent with best 
        practices learned from the Health Information 
        Technology Research Center developed under section 
        3012, including community health centers receiving 
        assistance under section 330 of the Public Health 
        Service Act, covered entities under section 340B of 
        such Act, and providers participating in one or more of 
        the programs under titles XVIII, XIX, and XXI of the 
        Social Security Act (relating to Medicare, Medicaid, 
        and the State Children's Health Insurance Program).
            (4) Infrastructure and tools for the promotion of 
        telemedicine, including coordination among Federal 
        agencies in the promotion of telemedicine.
            (5) Promotion of the interoperability of clinical 
        data repositories or registries.
            (6) Promotion of technologies and best practices 
        that enhance the protection of health information by 
        all holders of individually identifiable health 
        information.
            (7) Improve and expand the use of health 
        information technology by public health departments.
            (8) Provide $300,000,000 to support regional or 
        sub-national efforts towards health information 
        exchange.
    (b) Coordination.--The Secretary shall ensure funds under 
this section are used in a coordinated manner with other health 
information promotion activities.
    (c) Additional Use of Funds.--In addition to using funds as 
provided in subsection (a), the Secretary may use amounts 
appropriated under section 3018 to carry out activities that 
are provided for under laws in effect on the date of enactment 
of this title.

SEC. 3012. HEALTH INFORMATION TECHNOLOGY IMPLEMENTATION ASSISTANCE.

    (a) Health Information Technology Extension Program.--To 
assist health care providers to adopt, implement, and 
effectively use certified EHR technology that allows for the 
electronic exchange and use of health information, the 
Secretary, acting through the Office of the National 
Coordinator, shall establish a health information technology 
extension program to provide health information technology 
assistance services to be carried out through the Department of 
Health and Human Services. The National Coordinator shall 
consult with other Federal agencies with demonstrated 
experience and expertise in information technology services, 
such as the National Institute of Standards and Technology, in 
developing and implementing this program.
    (b) Health Information Technology Research Center.--
            (1) In general.--The Secretary shall create a 
        Health Information Technology Research Center (in this 
        section referred to as the ``Center'') to provide 
        technical assistance and develop or recognize best 
        practices to support and accelerate efforts to adopt, 
        implement, and effectively utilize health information 
        technology that allows for the electronic exchange and 
        use of information in compliance with standards, 
        implementation specifications, and certification 
        criteria adopted under section 3004(b).
            (2) Input.--The Center shall incorporate input 
        from--
                    (A) other Federal agencies with 
                demonstrated experience and expertise in 
                information technology services such as the 
                National Institute of Standards and Technology;
                    (B) users of health information technology, 
                such as providers and their support and 
                clerical staff and others involved in the care 
                and care coordination of patients, from the 
                health care and health information technology 
                industry; and
                    (C) others as appropriate.
            (3) Purposes.--The purposes of the Center are to--
                    (A) provide a forum for the exchange of 
                knowledge and experience;
                    (B) accelerate the transfer of lessons 
                learned from existing public and private sector 
                initiatives, including those currently 
                receiving Federal financial support;
                    (C) assemble, analyze, and widely 
                disseminate evidence and experience related to 
                the adoption, implementation, and effective use 
                of health information technology that allows 
                for the electronic exchange and use of 
                information including through the regional 
                centers described in subsection (c);
                    (D) provide technical assistance for the 
                establishment and evaluation of regional and 
                local health information networks to facilitate 
                the electronic exchange of information across 
                health care settings and improve the quality of 
                health care;
                    (E) provide technical assistance for the 
                development and dissemination of solutions to 
                barriers to the exchange of electronic health 
                information; and
                    (F) learn about effective strategies to 
                adopt and utilize health information technology 
                in medically underserved communities.
    (c) Health Information Technology Regional Extension 
Centers.--
            (1) In general.--The Secretary shall provide 
        assistance for the creation and support of regional 
        centers (in this subsection referred to as ``regional 
        centers'') to provide technical assistance and 
        disseminate best practices and other information 
        learned from the Center to support and accelerate 
        efforts to adopt, implement, and effectively utilize 
        health information technology that allows for the 
        electronic exchange and use of information in 
        compliance with standards, implementation 
        specifications, and certification criteria adopted 
        under section 3004. Activities conducted under this 
        subsection shall be consistent with the strategic plan 
        developed by the National Coordinator (and, as 
        available) under section 3001.
            (2) Affiliation.--Regional centers shall be 
        affiliated with any United States-based nonprofit 
        institution or organization, or group thereof, that 
        applies and is awarded financial assistance under this 
        section. Individual awards shall be decided on the 
        basis of merit.
            (3) Objective.--The objective of the regional 
        centers is to enhance and promote the adoption of 
        health information technology through--
                    (A) assistance with the implementation, 
                effective use, upgrading, and ongoing 
                maintenance of health information technology, 
                including electronic health records, to 
                healthcare providers nationwide;
                    (B) broad participation of individuals from 
                industry, universities, and State governments;
                    (C) active dissemination of best practices 
                and research on the implementation, effective 
                use, upgrading, and ongoing maintenance of 
                health information technology, including 
                electronic health records, to health care 
                providers in order to improve the quality of 
                healthcare and protect the privacy and security 
                of health information;
                    (D) participation, to the extent 
                practicable, in health information exchanges;
                    (E) utilization, when appropriate, of the 
                expertise and capability that exists in federal 
                agencies other than the Department; and
                    (F) integration of health information 
                technology, including electronic health 
                records, into the initial and ongoing training 
                of health professionals and others in the 
                healthcare industry that would be instrumental 
                to improving the quality of healthcare through 
                the smooth and accurate electronic use and 
                exchange of health information.
            (4) Regional assistance.--Each regional center 
        shall aim to provide assistance and education to all 
        providers in a region, but shall prioritize any direct 
        assistance first to the following:
                    (A) Public or not-for-profit hospitals or 
                critical access hospitals.
                    (B) Federally qualified health centers (as 
                defined in section 1861(aa)(4) of the Social 
                Security Act).
                    (C) Entities that are located in rural and 
                other areas that serve uninsured, underinsured, 
                and medically underserved individuals 
                (regardless of whether such area is urban or 
                rural).
                    (D) Individual or small group practices (or 
                a consortium thereof) that are primarily 
                focused on primary care.
            (5) Financial support.--The Secretary may provide 
        financial support to any regional center created under 
        this subsection for a period not to exceed four years. 
        The Secretary may not provide more than 50 percent of 
        the capital and annual operating and maintenance funds 
        required to create and maintain such a center, except 
        in an instance of national economic conditions which 
        would render this cost-share requirement detrimental to 
        the program and upon notification to Congress as to the 
        justification to waive the cost-share requirement.
            (6) Notice of program description and availability 
        of funds.--The Secretary shall publish in the Federal 
        Register, not later than 90 days after the date of the 
        enactment of this Act, a draft description of the 
        program for establishing regional centers under this 
        subsection. Such description shall include the 
        following:
                    (A) A detailed explanation of the program 
                and the programs goals.
                    (B) Procedures to be followed by the 
                applicants.
                    (C) Criteria for determining qualified 
                applicants.
                    (D) Maximum support levels expected to be 
                available to centers under the program.
            (7) Application review.--The Secretary shall 
        subject each application under this subsection to merit 
        review. In making a decision whether to approve such 
        application and provide financial support, the 
        Secretary shall consider at a minimum the merits of the 
        application, including those portions of the 
        application regarding--
                    (A) the ability of the applicant to provide 
                assistance under this subsection and 
                utilization of health information technology 
                appropriate to the needs of particular 
                categories of health care providers;
                    (B) the types of service to be provided to 
                health care providers;
                    (C) geographical diversity and extent of 
                service area; and
                    (D) the percentage of funding and amount of 
                in-kind commitment from other sources.
            (8) Biennial evaluation.--Each regional center 
        which receives financial assistance under this 
        subsection shall be evaluated biennially by an 
        evaluation panel appointed by the Secretary. Each 
        evaluation panel shall be composed of private experts, 
        none of whom shall be connected with the center 
        involved, and of Federal officials. Each evaluation 
        panel shall measure the involved center's performance 
        against the objective specified in paragraph (3). The 
        Secretary shall not continue to provide funding to a 
        regional center unless its evaluation is overall 
        positive.
            (9) Continuing support.--After the second year of 
        assistance under this subsection a regional center may 
        receive additional support under this subsection if it 
        has received positive evaluations and a finding by the 
        Secretary that continuation of Federal funding to the 
        center was in the best interest of provision of health 
        information technology extension services.

SEC. 3013. STATE GRANTS TO PROMOTE HEALTH INFORMATION TECHNOLOGY.

    (a) In General.--The Secretary, acting through the National 
Coordinator, shall establish a program in accordance with this 
section to facilitate and expand the electronic movement and 
use of health information among organizations according to 
nationally recognized standards.
    (b) Planning Grants.--The Secretary may award a grant to a 
State or qualified State-designated entity (as described in 
subsection (d)) that submits an application to the Secretary at 
such time, in such manner, and containing such information as 
the Secretary may specify, for the purpose of planning 
activities described in subsection (b).
    (c) Implementation Grants.--The Secretary may award a grant 
to a State or qualified State designated entity that--
            (1) has submitted, and the Secretary has approved, 
        a plan described in subsection (c) (regardless of 
        whether such plan was prepared using amounts awarded 
        under paragraph (1)); and
            (2) submits an application at such time, in such 
        manner, and containing such information as the 
        Secretary may specify.
    (d) Use of Funds.--Amounts received under a grant under 
subsection (a)(3) shall be used to conduct activities to 
facilitate and expand the electronic movement and use of health 
information among organizations according to nationally 
recognized standards through activities that include--
            (1) enhancing broad and varied participation in the 
        authorized and secure nationwide electronic use and 
        exchange of health information;
            (2) identifying State or local resources available 
        towards a nationwide effort to promote health 
        information technology;
            (3) complementing other Federal grants, programs, 
        and efforts towards the promotion of health information 
        technology;
            (4) providing technical assistance for the 
        development and dissemination of solutions to barriers 
        to the exchange of electronic health information;
            (5) promoting effective strategies to adopt and 
        utilize health information technology in medically 
        underserved communities;
            (6) assisting patients in utilizing health 
        information technology;
            (7) encouraging clinicians to work with Health 
        Information Technology Regional Extension Centers as 
        described in section 3012, to the extent they are 
        available and valuable;
            (8) supporting public health agencies' authorized 
        use of and access to electronic health information;
            (9) promoting the use of electronic health records 
        for quality improvement including through quality 
        measures reporting; and
            (10) such other activities as the Secretary may 
        specify.
    (e) Plan.--
            (1) In general.--A plan described in this 
        subsection is a plan that describes the activities to 
        be carried out by a State or by the qualified State-
        designated entity within such State to facilitate and 
        expand the electronic movement and use of health 
        information among organizations according to nationally 
        recognized standards and implementation specifications.
            (2) Required elements.--A plan described in 
        paragraph (1) shall--
                    (A) be pursued in the public interest;
                    (B) be consistent with the strategic plan 
                developed by the National Coordinator (and, as 
                available) under section 3001;
                    (C) include a description of the ways the 
                State or qualified State-designated entity will 
                carry out the activities described in 
                subsection (b); and
                    (D) contain such elements as the Secretary 
                may require.
    (f) Qualified State-Designated Entity.--For purposes of 
this section, to be a qualified State-designated entity, with 
respect to a State, an entity shall--
            (1) be designated by the State as eligible to 
        receive awards under this section;
            (2) be a not-for-profit entity with broad 
        stakeholder representation on its governing board;
            (3) demonstrate that one of its principal goals is 
        to use information technology to improve health care 
        quality and efficiency through the authorized and 
        secure electronic exchange and use of health 
        information;
            (4) adopt nondiscrimination and conflict of 
        interest policies that demonstrate a commitment to 
        open, fair, and nondiscriminatory participation by 
        stakeholders; and
            (5) conform to such other requirements as the 
        Secretary may establish.
    (g) Required Consultation.--In carrying out activities 
described in subsections (a)(2) and (a)(3), a State or 
qualified State-designated entity shall consult with and 
consider the recommendations of--
            (1) health care providers (including providers that 
        provide services to low income and underserved 
        populations);
            (2) health plans;
            (3) patient or consumer organizations that 
        represent the population to be served;
            (4) health information technology vendors;
            (5) health care purchasers and employers;
            (6) public health agencies;
            (7) health professions schools, universities and 
        colleges;
            (8) clinical researchers;
            (9) other users of health information technology 
        such as the support and clerical staff of providers and 
        others involved in the care and care coordination of 
        patients; and
            (10) such other entities, as may be determined 
        appropriate by the Secretary.
    (h) Continuous Improvement.--The Secretary shall annually 
evaluate the activities conducted under this section and shall, 
in awarding grants under this section, implement the lessons 
learned from such evaluation in a manner so that awards made 
subsequent to each such evaluation are made in a manner that, 
in the determination of the Secretary, will lead towards the 
greatest improvement in quality of care, decrease in costs, and 
the most effective authorized and secure electronic exchange of 
health information.
    (i) Required Match.--
            (1) In general.--For a fiscal year (beginning with 
        fiscal year 2011), the Secretary may not make a grant 
        under subsection (a) to a State unless the State agrees 
        to make available non-Federal contributions (which may 
        include in-kind contributions) toward the costs of a 
        grant awarded under subsection (a)(3) in an amount 
        equal to--
                    (A) for fiscal year 2011, not less than $1 
                for each $10 of Federal funds provided under 
                the grant;
                    (B) for fiscal year 2012, not less than $1 
                for each $7 of Federal funds provided under the 
                grant; and
                    (C) for fiscal year 2013 and each 
                subsequent fiscal year, not less than $1 for 
                each $3 of Federal funds provided under the 
                grant.
            (2) Authority to require state match for fiscal 
        years before fiscal year 2011.--For any fiscal year 
        during the grant program under this section before 
        fiscal year 2011, the Secretary may determine the 
        extent to which there shall be required a non-Federal 
        contribution from a State receiving a grant under this 
        section.

SEC. 3014. COMPETITIVE GRANTS TO STATES AND INDIAN TRIBES FOR THE 
                    DEVELOPMENT OF LOAN PROGRAMS TO FACILITATE THE 
                    WIDESPREAD ADOPTION OF CERTIFIED EHR TECHNOLOGY.

    (a) In General.--The National Coordinator may award 
competitive grants to eligible entities for the establishment 
of programs for loans to health care providers to conduct the 
activities described in subsection (e).
    (b) Eligible Entity Defined.--For purposes of this 
subsection, the term ``eligible entity'' means a State or 
Indian tribe (as defined in the Indian Self-Determination and 
Education Assistance Act) that--
            (1) submits to the National Coordinator an 
        application at such time, in such manner, and 
        containing such information as the National Coordinator 
        may require;
            (2) submits to the National Coordinator a strategic 
        plan in accordance with subsection (d) and provides to 
        the National Coordinator assurances that the entity 
        will update such plan annually in accordance with such 
        subsection;
            (3) provides assurances to the National Coordinator 
        that the entity will establish a Loan Fund in 
        accordance with subsection (c);
            (4) provides assurances to the National Coordinator 
        that the entity will not provide a loan from the Loan 
        Fund to a health care provider unless the provider 
        agrees to--
                    (A) submit reports on quality measures 
                adopted by the Federal Government (by not later 
                than 90 days after the date on which such 
                measures are adopted), to--
                            (i) the Director of the Centers for 
                        Medicare & Medicaid Services (or his or 
                        her designee), in the case of an entity 
                        participating in the Medicare program 
                        under title XVIII of the Social 
                        Security Act or the Medicaid program 
                        under title XIX of such Act; or
                            (ii) the Secretary in the case of 
                        other entities;
                    (B) demonstrate to the satisfaction of the 
                Secretary (through criteria established by the 
                Secretary) that any certified EHR technology 
                purchased, improved, or otherwise financially 
                supported under a loan under this section is 
                used to exchange health information in a manner 
                that, in accordance with law and standards (as 
                adopted under section 3005) applicable to the 
                exchange of information, improves the quality 
                of health care, such as promoting care 
                coordination;
                    (C) comply with such other requirements as 
                the entity or the Secretary may require;
                    (D) include a plan on how healthcare 
                providers involved intend to maintain and 
                support the certified EHR technology over time; 
                and
                    (E) include a plan on how the healthcare 
                providers involved intend to maintain and 
                support the certified EHR technology that would 
                be purchased with such loan, including the type 
                of resources expected to be involved and any 
                such other information as the State or Indian 
                tribe, respectively, may require; and
            (5) agrees to provide matching funds in accordance 
        with subsection (i).
    (c) Establishment of Fund.--For purposes of subsection 
(b)(3), an eligible entity shall establish a certified EHR 
technology loan fund (referred to in this subsection as a 
``Loan Fund'') and comply with the other requirements contained 
in this section. A grant to an eligible entity under this 
section shall be deposited in the Loan Fund established by the 
eligible entity. No funds authorized by other provisions of 
this title to be used for other purposes specified in this 
title shall be deposited in any Loan Fund.
    (d) Strategic Plan.--
            (1) In general.--For purposes of subsection (b)(2), 
        a strategic plan of an eligible entity under this 
        subsection shall identify the intended uses of amounts 
        available to the Loan Fund of such entity.
            (2) Contents.--A strategic plan under paragraph 
        (1), with respect to a Loan Fund of an eligible entity, 
        shall include for a year the following:
                    (A) A list of the projects to be assisted 
                through the Loan Fund during such year.
                    (B) A description of the criteria and 
                methods established for the distribution of 
                funds from the Loan Fund during the year.
                    (C) A description of the financial status 
                of the Loan Fund as of the date of submission 
                of the plan.
                    (D) The short-term and long-term goals of 
                the Loan Fund.
    (e) Use of Funds.--Amounts deposited in a Loan Fund, 
including loan repayments and interest earned on such amounts, 
shall be used only for awarding loans or loan guarantees, 
making reimbursements described in subsection (g)(4)(A), or as 
a source of reserve and security for leveraged loans, the 
proceeds of which are deposited in the Loan Fund established 
under subsection (a). Loans under this section may be used by a 
health care provider to--
            (1) facilitate the purchase of certified EHR 
        technology;
            (2) enhance the utilization of certified EHR 
        technology (which may include costs associated with 
        upgrading health information technology so that it 
        meets criteria necessary to be a certified EHR 
        technology);
            (3) train personnel in the use of such technology; 
        or
            (4) improve the secure electronic exchange of 
        health information.
    (f) Types of Assistance.--Except as otherwise limited by 
applicable State law, amounts deposited into a Loan Fund under 
this subsection may only be used for the following:
            (1) To award loans that comply with the following:
                    (A) The interest rate for each loan shall 
                not exceed the market interest rate.
                    (B) The principal and interest payments on 
                each loan shall commence not later than 1 year 
                after the date the loan was awarded, and each 
                loan shall be fully amortized not later than 10 
                years after the date of the loan.
                    (C) The Loan Fund shall be credited with 
                all payments of principal and interest on each 
                loan awarded from the Loan Fund.
            (2) To guarantee, or purchase insurance for, a 
        local obligation (all of the proceeds of which finance 
        a project eligible for assistance under this 
        subsection) if the guarantee or purchase would improve 
        credit market access or reduce the interest rate 
        applicable to the obligation involved.
            (3) As a source of revenue or security for the 
        payment of principal and interest on revenue or general 
        obligation bonds issued by the eligible entity if the 
        proceeds of the sale of the bonds will be deposited 
        into the Loan Fund.
            (4) To earn interest on the amounts deposited into 
        the Loan Fund.
            (5) To make reimbursements described in subsection 
        (g)(4)(A).
    (g) Administration of Loan Funds.--
            (1) Combined financial administration.--An eligible 
        entity may (as a convenience and to avoid unnecessary 
        administrative costs) combine, in accordance with 
        applicable State law, the financial administration of a 
        Loan Fund established under this subsection with the 
        financial administration of any other revolving fund 
        established by the entity if otherwise not prohibited 
        by the law under which the Loan Fund was established.
            (2) Cost of administering fund.--Each eligible 
        entity may annually use not to exceed 4 percent of the 
        funds provided to the entity under a grant under this 
        subsection to pay the reasonable costs of the 
        administration of the programs under this section, 
        including the recovery of reasonable costs expended to 
        establish a Loan Fund which are incurred after the date 
        of the enactment of this title.
            (3) Guidance and regulations.--The National 
        Coordinator shall publish guidance and promulgate 
        regulations as may be necessary to carry out the 
        provisions of this section, including--
                    (A) provisions to ensure that each eligible 
                entity commits and expends funds allotted to 
                the entity under this subsection as efficiently 
                as possible in accordance with this title and 
                applicable State laws; and
                    (B) guidance to prevent waste, fraud, and 
                abuse.
            (4) Private sector contributions.--
                    (A) In general.--A Loan Fund established 
                under this subsection may accept contributions 
                from private sector entities, except that such 
                entities may not specify the recipient or 
                recipients of any loan issued under this 
                subsection. An eligible entity may agree to 
                reimburse a private sector entity for any 
                contribution made under this subparagraph, 
                except that the amount of such reimbursement 
                may not be greater than the principal amount of 
                the contribution made.
                    (B) Availability of information.--An 
                eligible entity shall make publicly available 
                the identity of, and amount contributed by, any 
                private sector entity under subparagraph (A) 
                and may issue letters of commendation or make 
                other awards (that have no financial value) to 
                any such entity.
    (h) Matching Requirements.--
            (1) In general.--The National Coordinator may not 
        make a grant under subsection (a) to an eligible entity 
        unless the entity agrees to make available (directly or 
        through donations from public or private entities) non-
        Federal contributions in cash to the costs of carrying 
        out the activities for which the grant is awarded in an 
        amount equal to not less than $1 for each $5 of Federal 
        funds provided under the grant.
            (2) Determination of amount of non-federal 
        contribution.--In determining the amount of non-Federal 
        contributions that an eligible entity has provided 
        pursuant to subparagraph (A), the National Coordinator 
        may not include any amounts provided to the entity by 
        the Federal Government.
    (i) Effective Date.--The Secretary may not make an award 
under this section prior to January 1, 2010.

SEC. 3015. DEMONSTRATION PROGRAM TO INTEGRATE INFORMATION TECHNOLOGY 
                    INTO CLINICAL EDUCATION.

    (a) In General.--The Secretary may award grants under this 
section to carry out demonstration projects to develop academic 
curricula integrating certified EHR technology in the clinical 
education of health professionals. Such awards shall be made on 
a competitive basis and pursuant to peer review.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            (1) submit to the Secretary an application at such 
        time, in such manner, and containing such information 
        as the Secretary may require;
            (2) submit to the Secretary a strategic plan for 
        integrating certified EHR technology in the clinical 
        education of health professionals to reduce medical 
        errors, increase access to prevention, reduce chronic 
        diseases, and enhance health care quality;
            (3) be--
                    (A) a school of medicine, osteopathic 
                medicine, dentistry, or pharmacy, a graduate 
                program in behavioral or mental health, or any 
                other graduate health professions school;
                    (B) a graduate school of nursing or 
                physician assistant studies;
                    (C) a consortium of two or more schools 
                described in subparagraph (A) or (B); or
                    (D) an institution with a graduate medical 
                education program in medicine, osteopathic 
                medicine, dentistry, pharmacy, nursing, or 
                physician assistance studies.
            (4) provide for the collection of data regarding 
        the effectiveness of the demonstration project to be 
        funded under the grant in improving the safety of 
        patients, the efficiency of health care delivery, and 
        in increasing the likelihood that graduates of the 
        grantee will adopt and incorporate certified EHR 
        technology, in the delivery of health care services; 
        and
            (5) provide matching funds in accordance with 
        subsection (d).
    (c) Use of Funds.--
            (1) In general.--With respect to a grant under 
        subsection (a), an eligible entity shall--
                    (A) use grant funds in collaboration with 2 
                or more disciplines; and
                    (B) use grant funds to integrate certified 
                EHR technology into community-based clinical 
                education.
            (2) Limitation.--An eligible entity shall not use 
        amounts received under a grant under subsection (a) to 
        purchase hardware, software, or services.
    (d) Financial Support.--The Secretary may not provide more 
than 50 percent of the costs of any activity for which 
assistance is provided under subsection (a), except in an 
instance of national economic conditions which would render the 
cost-share requirement under this subsection detrimental to the 
program and upon notification to Congress as to the 
justification to waive the cost-share requirement.
    (e) Evaluation.--The Secretary shall take such action as 
may be necessary to evaluate the projects funded under this 
section and publish, make available, and disseminate the 
results of such evaluations on as wide a basis as is 
practicable.
    (f) Reports.--Not later than 1 year after the date of 
enactment of this title, and annually thereafter, the Secretary 
shall submit to the Committee on Health, Education, Labor, and 
Pensions and the Committee on Finance of the Senate, and the 
Committee on Energy and Commerce of the House of 
Representatives a report that--
            (1) describes the specific projects established 
        under this section; and
            (2) contains recommendations for Congress based on 
        the evaluation conducted under subsection (e).

SEC. 3016. INFORMATION TECHNOLOGY PROFESSIONALS ON HEALTH CARE.

    (a) In General.--The Secretary, in consultation with the 
Director of the National Science Foundation, shall provide 
assistance to institutions of higher education (or consortia 
thereof) to establish or expand medical health informatics 
education programs, including certification, undergraduate, and 
masters degree programs, for both health care and information 
technology students to ensure the rapid and effective 
utilization and development of health information technologies 
(in the United States health care infrastructure).
    (b) Activities.--Activities for which assistance may be 
provided under subsection (a) may include the following:
            (1) Developing and revising curricula in medical 
        health informatics and related disciplines.
            (2) Recruiting and retaining students to the 
        program involved.
            (3) Acquiring equipment necessary for student 
        instruction in these programs, including the 
        installation of testbed networks for student use.
            (4) Establishing or enhancing bridge programs in 
        the health informatics fields between community 
        colleges and universities.
    (c) Priority.--In providing assistance under subsection 
(a), the Secretary shall give preference to the following:
            (1) Existing education and training programs.
            (2) Programs designed to be completed in less than 
        six months.
    (d) Financial Support.--The Secretary may not provide more 
than 50 percent of the costs of any activity for which 
assistance is provided under subsection (a), except in an 
instance of national economic conditions which would render the 
cost-share requirement under this subsection detrimental to the 
program and upon notification to Congress as to the 
justification to waive the cost-share requirement.

SEC. 3017. GENERAL GRANT AND LOAN PROVISIONS.

    (a) Reports.--The Secretary may require that an entity 
receiving assistance under this title shall submit to the 
Secretary, not later than the date that is 1 year after the 
date of receipt of such assistance, a report that includes--
            (1) an analysis of the effectiveness of such 
        activities for which the entity receives such 
        assistance, as compared to the goals for such 
        activities; and
            (2) an analysis of the impact of the project on 
        healthcare quality and safety.
    (b) Requirement to Improve Quality of Care and Decrease in 
Costs.--The National Coordinator shall annually evaluate the 
activities conducted under this title and shall, in awarding 
grants, implement the lessons learned from such evaluation in a 
manner so that awards made subsequent to each such evaluation 
are made in a manner that, in the determination of the National 
Coordinator, will result in the greatest improvement in the 
quality and efficiency of health care.

SEC. 3018. AUTHORIZATION FOR APPROPRIATIONS.

    For the purposes of carrying out this subtitle, there is 
authorized to be appropriated such sums as may be necessary for 
each of the fiscal years 2009 through 2013. Amounts so 
appropriated shall remain available until expended.

           *       *       *       *       *       *       *

           HOOVER POWER PLANT ACT OF 1984, PUBLIC LAW 98-381

                                TITLE I

    Sec. 101. * * *

           *       *       *       *       *       *       *

                                TITLE II

    Sec. 201. * * *

           *       *       *       *       *       *       *

    Sec. 202. (a) * * *

           *       *       *       *       *       *       *

    (c) Where a purchaser is implementing one or more of the 
foregoing elements under a program responding to Federal, 
State, or other initiatives that apply to conservation and 
renewable energy development, in evaluating that purchaser's 
energy conservation program submitted pursuant to this title, 
Western shall make due allowance for the incorporation of such 
elements within the energy conservation program required by 
this title.

                     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.
    (b) Authority.--
            (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.
    (d) Certification.--
            (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.
    (e) Public Processes.--
            (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.

           *       *       *       *       *       *       *

              ENERGY POLICY ACT OF 2005, PUBLIC LAW 109-58

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) * * *
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--ENERGY EFFICIENCY

           *       *       *       *       *       *       *

           TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES

Sec. 1701. Definitions.
Sec. 1702. Terms and conditions.
Sec. 1703. Eligible projects.
Sec. 1704. Authorization of appropriations.
Sec. 1705. Temporary program for rapid deployment of renewable energy 
          and electric power transmission projects.

           *       *       *       *       *       *       *

           TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES

SEC. 1701. DEFINITIONS.

           *       *       *       *       *       *       *

SEC. 1704. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
such sums as are necessary to provide the cost of guarantees 
under this title.
    (b) Use of Other Appropriated Funds.--The Department may 
use amounts awarded under the clean coal power initiative under 
subtitle A of title IV to carry out the project described in 
section 1703(c)(1)(C), on the request of the recipient of such 
award, for a loan guarantee, to the extent that the amounts 
have not yet been disbursed to, or have been repaid by, the 
recipient.

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.

           *       *       *       *       *       *       *

    ENERGY INDEPENDENCE AND SECURITY ACT OF 2007, PUBLIC LAW 110-140

TITLE XIII--SMART GRID

           *       *       *       *       *       *       *

SEC. 1301. * * *

           *       *       *       *       *       *       *

SEC. 1304. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND 
                    DEMONSTRATION.

    (a) * * *

           *       *       *       *       *       *       *

    (b) * * *

           *       *       *       *       *       *       *

            (1) * * *

           *       *       *       *       *       *       *

            (3) Demonstration projects.--
                    [(A) In general.--In carrying out the 
                initiative, the Secretary shall carry out smart 
                grid demonstration projects in up to 5 
                electricity control areas, including rural 
                areas and at least 1 area in which the majority 
                of generation and transmission assets are 
                controlled by a tax-exempt entity.]
                    (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.

           *       *       *       *       *       *       *

                    [(C) Federal share of cost of technology 
                investments.--The Secretary shall provide to an 
                electric utility described in subparagraph (B) 
                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 to 
                carry out a demonstration project.]
                    (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.
                    (D) Ineligibility for grants.--No person or 
                entity participating in any demonstration 
                project conducted under this subsection shall 
                be eligible for grants under section 1306 for 
                otherwise qualifying investments made as part 
                of that demonstration project.
                    (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.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated--
            (1) to carry out subsection (a), such sums as are 
        necessary for each of fiscal years 2008 through 2012; 
        and
            [(2) to carry out subsection (b), $100,000,000 for 
        each of fiscal years 2008 through 2012.]
            (2) to carry out subsection (b), such sums as may 
        be necessary.

           *       *       *       *       *       *       *

SEC. 1306. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT COSTS.

    (a) Matching Fund.--The Secretary shall establish a Smart 
Grid Investment Matching Grant Program to provide 
[reimbursement of one-fifth (20 percent)] grants of up to one-
half (50 percent) of qualifying Smart Grid investments.
    (b) Qualifiying Investments.--Qualifiying Smart Grid 
investments may include any of the following made on or after 
the date of the enactment of the Act:
            (1) * * *

           *       *       *       *       *       *       *

            (9) The documented expenditures related to 
        purchasing and implementing Smart Grid functions in 
        such other cases as the Secretary shall identify. [In 
        making such grants, the Secretary shall seek to reward 
        innovation and early adaptation, even if success is not 
        complete, rather than deployment of proven and 
        commercially viable technologies.]
    (c) Investments Not Included.--Qualifying Smart Grid 
investments do not include any of the following:
            (1) Investments or expenditures for Smart Grid 
        technologies, devices, or equipment that [are eligible 
        for] utilize specific tax credits or deductions under 
        the Internal Revenue Code, as amended.

           *       *       *       *       *       *       *

    [(e) The Secretary shall--
            [(1) establish and publish in the Federal Register, 
        within 1 year after the enactment of this Act 
        procedures by which applicants who have made qualifying 
        Smart Grid investments can seek and obtain 
        reimbursement of one-fifth of their documented 
        expenditures;
            [(2) establish procedures to ensure that there is 
        no duplication or multiple reimbursement for the same 
        investment or costs, that the reimbursement 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 reimbursements 
        made, recipients, and qualifying Smart Grid investments 
        which have received reimbursements;
            [(4) establish procedures to provide, in cases 
        deemed by the Secretary to be warranted, advance 
        payment of moneys up to the full amount of the 
        projected eventual reimbursement, to creditworthy 
        applicants whose ability to make Qualifying Smart Grid 
        Investments may be hindered by lack of initial capital, 
        in lieu of any later reimbursement for which that 
        applicant qualifies, and subject to full return of the 
        advance payment in the event that the Qualifying Smart 
        Grid investment is not made; and
            [(5) have and exercise the discretion to deny 
        grants for investments that do not qualify in the 
        reasonable judgment of the Secretary.
    (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. 1307. STATE CONSIDERATION OF SMART GRID.

    (a) Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding 
at the end the following:
            ``[(16)] (18) Consideration of smart grid 
        investments.--
                    ``(A) In general.--Each State shall 
                consider requiring that, prior to undertaking 
                investments in nonadvanced grid technologies, 
                an electric utility of the State demonstrate to 
                the State that the electric utility considered 
                an investment in a qualified smart grid system 
                based on appropriate factors, including--
                            ``(i) total costs;
                            ``(ii) cost-effectiveness;
                            ``(iii) improved reliability;
                            ``(iv) security;
                            ``(v) system performance; and
                            ``(vi) societal benefit.
                    ``(B) Rate recovery.--Each State shall 
                consider authorizing each electric utility of 
                the State to recover from ratepayers any 
                capital, operating expenditure, or other costs 
                of the electric utility relating to the 
                deployment of a qualified smart grid system, 
                including a reasonable rate of return on the 
                capital expenditures of the electric utility 
                for the deployment of the qualified smart grid 
                system.
                    ``(C) Obsolete equipment.--Each State shall 
                consider authorizing any electric utility or 
                other party of the State to deploy a qualified 
                smart grid system to recover in a timely manner 
                the remaining book-value costs of any equipment 
                rendered obsolete by the deployment of the 
                qualified smart grid system, based on the 
                remaining depreciable life of the obsolete 
                equipment.
            ``[(17)] (19) Smart grid information.--
                    ``(A) Standard.--All electricity purchasers 
                shall be provided direct access, in written or 
                electronic machine-readable form as 
                appropriate, to information from their 
                electricity provider as provided in 
                subparagraph (B).
                    ``(B) Information.--Information provided 
                under this section, to the extent practicable, 
                shall include:
                            ``(i) Prices.--Purchasers and other 
                        interested persons shall be provided 
                        with information on--
                                    ``(I) time-based 
                                electricity prices in the 
                                wholesale electricity market; 
                                and
                                    ``(II) time-based 
                                electricity retail prices or 
                                rates that are available to the 
                                purchasers.
                            ``(ii) Usage.--Purchasers shall be 
                        provided with the number of electricity 
                        units, expressed in kwh, purchased by 
                        them.
                            ``(iii) Intervals and 
                        projections.--Updates of information on 
                        prices and usage shall be offered on 
                        not less than a daily basis, shall 
                        include hourly price and use 
                        information, where available, and shall 
                        include a day-ahead projection of such 
                        price information to the extent 
                        available.
                            ``(iv) Sources.--Purchasers and 
                        other interested persons shall be 
                        provided annually with written 
                        information on the sources of the power 
                        provided by the utility, to the extent 
                        it can be determined, by type of 
                        generation, including greenhouse gas 
                        emissions associated with each type of 
                        generation, for intervals during which 
                        such information is available on a 
                        cost-effective basis.
                    ``(C) Access.--Purchasers shall be able to 
                access their own information at any time 
                through the Internet and on other means of 
                communication elected by that utility for Smart 
                Grid applications. Other interested persons 
                shall be able to access information not 
                specific to any purchaser through the Internet. 
                Information specific to any purchaser shall be 
                provided solely to that purchaser.''.

           *       *       *       *       *       *       *

                            BUDGETARY IMPACT

    Section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, requires that the report accompanying a bill providing 
new budget authority contain a statement detailing how that 
authority compares with the reports submitted under section 302 
of the act for the most recently agreed to concurrent 
resolution on the budget for the fiscal year. All funds 
provided in this bill are either offset or are emergency 
requirements.

                    Five-Year Projection of Outlays

    In compliance with section 308(a)(1)(C) of the 
Congressional Budget Act of 1974 (Public Law 93-344), as 
amended, the following table contains 5-year projections 
associated with the budget authority provided in the 
accompanying bill:

                              [In millions]

Budget authority: Fiscal years 2009 and beyond................  $365,630
Outlays:
    Fiscal year 2009..........................................    43,829
    Fiscal year 2010..........................................   134,939
    Fiscal year 2011..........................................    93,722
    Fiscal year 2012..........................................    42,090
    Fiscal year 2013 and future years.........................    48,015

Note.--The above table includes mandatory, emergency, and discretionary 
appropriations.
---------------------------------------------------------------------------

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(D) of the 
Congressional Budget Act of 1974 (Public Law 93-344), as 
amended, the financial assistance to State and local 
governments is as follows:

                              [In millions]

Fiscal year 2009 budget authority.............................   $38,157
Fiscal year 2009 outlays......................................     3,746

 STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY AMOUNTS RECOMMENDED IN
                                THE BILL
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
 
                        TITLE I
 
               DEPARTMENT OF AGRICULTURE
 
Office of the Secretary...............................          300,000
Office of Inspector General...........................            5,000
 
 Cooperative State Research, Education, and Extension
                        Service
 
Research and education activities.....................          100,000
 
                  Farm Service Agency
 
Salaries and expenses.................................          171,000
 
          Agricultural Credit Insurance Fund
 
Farm ownership loans:
    Direct............................................           17,200
    Guaranteed........................................              330
Farm operating loans:
    Direct............................................           23,600
    Guaranteed........................................            1,300
 
        Natural Resources Conservation Service
 
Watershed rehabilitation program......................          120,000
Watershed flood prevention operations.................          275,000
                                                       -----------------
      Subtotal........................................          395,000
 
                   Rural Development
 
Rural development salaries and expenses...............          110,000
 
            Rural Housing Insurance Program
 
Rural housing insurance program:
    Sec. 502 direct loans.............................           67,000
    Sec. 502 guaranteed loans.........................          133,000
Rural community facilities program:
    Rural community facilities direct loans...........           67,000
    Rural community facilities guaranteed loans.......           10,000
    Rural community facilities grants.................           50,000
 
          Rural Business--Cooperative Service
 
Rural business program account:
    Rural business enterprise grants..................           20,000
    Business and industry guaranteed loans............          130,000
Biorefinery...........................................          200,000
Rural energy for America..............................           50,000
 
                Rural Utilities Service
 
Rural waste and waste disposal program:
    Direct loans......................................          412,000
    Grants............................................          963,000
                                                       -----------------
      Subtotal........................................        1,375,000
 
Distance learning, telemedicine and broadband program:
    Distance learning/telemedicine loans..............           20,000
    Distance learning/telemedicine Grants.............          180,000
                                                       -----------------
      Subtotal........................................          200,000
 
              Food and Nutrition Service
 
Child nutrition school lunch equipment................          198,000
Special supplemental nutrition program for Women,
 Infants, and Children [WIC]:
    Contingency.......................................          380,000
    MIS...............................................          120,000
Commodity assistance program..........................          150,000
 
                  General Provisions
 
Sec. 102 Supplemental nutrition assistance program....        8,231,000
    Advance appropriation (emergency).................        8,331,000
Sec. 103 Crop Disaster................................          802,000
Sec. 106 Farm Bill administration.....................            4,000
    Advance appropriation (emergency).................           30,000
                                                       -----------------
      Subtotal........................................       17,398,000
                                                       -----------------
      Total, Title I..................................       21,671,430
          Emergency appropriations, fiscal year 2009..      (13,310,430)
          Advance appropriation (emergency)...........       (8,361,000)
                                                       =================
                       TITLE II
 
                DEPARTMENT OF COMMERCE
 
            Bureau of Industry and Security
 
Operations and administration.........................           20,000
 
          Economic Development Administration
 
Economic development assistance programs..............          150,000
 
                 Bureau of the Census
 
Periodic censuses and programs........................        1,000,000
 
      National Telecommunications and Information
                    Administration
 
Broadband technology opportunities program............        9,000,000
Digital-to-Analog converter box program...............          650,000
                                                       -----------------
      Subtotal........................................        9,650,000
 
    National Institute of Standards and Technology
 
Scientific and technical research and services........          218,000
Construction of research facilities...................          357,000
                                                       -----------------
      Subtotal........................................          575,000
 
    National Oceanic and Atmospheric Administration
 
Operations, research, and facilities..................          427,000
Procurement, acquisition and construction.............          795,000
                                                       -----------------
      Subtotal........................................        1,222,000
 
                Departmental Management
 
Departmental management...............................           34,000
Office of Inspector General...........................            6,000
                                                       -----------------
      Subtotal........................................           40,000
 
                 DEPARTMENT OF JUSTICE
 
                General Administration
 
Tactical law enforcement wireless communications......          200,000
Detention Trustee.....................................          150,000
Office of Inspector General...........................            2,000
 
            United States Marshals Service
 
Salaries and expenses.................................           50,000
Construction..........................................          125,000
                                                       -----------------
      Subtotal........................................          175,000
 
            Federal Bureau of Investigation
 
Salaries and expenses.................................           75,000
Construction..........................................          400,000
                                                       -----------------
      Subtotal........................................          475,000
 
                 Federal Prison System
 
Buildings and facilities..............................        1,000,000
 
      State and Local Law Enforcement Activities
 
Office of Violence Against Women: Prevention and                300,000
 prosecution programs.................................
Office of Justice Programs: State & Local Law                 2,640,000
 Enforcement Assistance...............................
Community oriented policing services..................        1,000,000
Salaries and expenses.................................           10,000
                                                       -----------------
      Subtotal........................................        3,950,000
 
                        SCIENCE
 
     National Aeronautics and Space Administration
 
Science...............................................          500,000
Aeronautics...........................................          250,000
Exploration...........................................          500,000
Cross-agency support..................................          250,000
Office of Inspector General...........................            2,000
                                                       -----------------
      Subtotal........................................        1,502,000
 
              National Science Foundation
 
Research and related activities.......................        1,200,000
Major research equipment and facilities construction..          150,000
Education and human resources.........................           50,000
Office of Inspector General...........................            2,000
                                                       -----------------
      Subtotal........................................        1,402,000
                                                       -----------------
      Total, Title II.................................       21,513,000
                                                       =================
 
                       TITLE III
 
                 DEPARTMENT OF DEFENSE
 
               Operation and Maintenance
 
Operation and Maintenance, Army.......................        1,169,291
Operation and Maintenance, Navy.......................          571,843
Operation and Maintenance, Marine Corps...............          112,167
Operation and Maintenance, Air Force..................          927,113
Operation and Maintenance, Army Reserve...............           79,543
Operation and Maintenance, Navy Reserve...............           44,586
Operation and Maintenance, Marine Corps Reserve.......           32,304
Operation and Maintenance, Air Force Reserve..........           10,674
Operation and Maintenance, Army National Guard........          215,557
Operation and Maintenance, Air National Guard.........           20,922
                                                       -----------------
      Subtotal........................................        3,184,000
 
                      Procurement
 
Defense Production Act Purchases......................          100,000
 
      Research, Development, Test and Evaluation
 
Research, Development, Test and Evaluation, Defense-            200,000
 Wide.................................................
 
         Other Department of Defense Programs
 
Defense Health Program: Operation and maintenance.....          250,000
Office of the Inspector General.......................           12,000
                                                       -----------------
      Subtotal........................................          262,000
                                                       -----------------
      Total, Title III................................        3,746,000
                                                       =================
                       TITLE IV
 
             DEPARTMENT OF DEFENSE--CIVIL
 
                Department of the Army
 
               Corps of Engineers--Civil
 
Investigations........................................           25,000
Construction..........................................        2,000,000
Mississippi River and tributaries.....................          500,000
Operations and maintenance............................        1,900,000
Regulatory program....................................           25,000
FUSRAP................................................          100,000
Flood control and coastal emergencies.................           50,000
                                                       -----------------
      Subtotal........................................        4,600,000
 
              DEPARTMENT OF THE INTERIOR
 
                 Bureau of Reclamation
 
Water and related resources...........................        1,400,000
 
                 DEPARTMENT OF ENERGY
 
                    Energy Programs
 
Energy efficiency and renewable energy................       14,398,000
Electricity delivery and energy reliability...........        4,500,000
Fossil energy research and development................        4,600,000
Non-defense environmental cleanup.....................          483,000
Uranium enrichment decontamination and decommissioning          390,000
Science...............................................          430,000
Innovative technology loan guarantee program..........       10,000,000
Office of the Inspector General.......................            5,000
 
           Atomic Energy Defense Activities
 
National Nuclear Security Administration: Weapons             1,000,000
 activities...........................................
 
      Environmental and Other Defense Activities
 
Defense environmental cleanup.........................        5,527,000
Construction, rehabilitation, operation                          10,000
 andmaintenance: Western Area Power Administration....
 
                  General Provisions
 
Sec. 401 Bonneville Power Administration: Advance             3,250,000
 appropriation (emergency)............................
Sec. 402 Western Area Power Administration............           10,000
    Advance appropriation (emergency).................        3,240,000
                                                       -----------------
      Subtotal........................................        6,500,000
                                                       -----------------
      Total, Title IV.................................       53,843,000
          Emergency appropriations, fiscal year 2009..      (47,353,000)
          Advance appropriation (emergency)...........       (6,490,000)
                                                       =================
                        TITLE V
 
              DEPARTMENT OF THE TREASURY
 
Community development financial institutions fund               250,000
 program..............................................
 
                 DISTRICT OF COLUMBIA
 
Federal payment to the District of Columbia Water and           125,000
 Sewer Authority......................................
 
              OTHER INDEPENDENT AGENCIES
 
            General Services Administration
 
                Federal Buildings Fund
 
Appropriations........................................       (9,048,000)
Construction and Repair of federal facilities.........        1,400,000
Construction and Repair of border stations............        1,200,000
Green Federal Buildings...............................        6,000,000
DHS Headquarters Consolidation........................          448,000
 
     Energy Efficient Federal Motor Vehicle Fleet
 
Procurement Purchase of fuel efficient vehicles.......          600,000
Office of Inspector General...........................            2,000
 
  Recovery Act Accountability and Transparency Board
 
Recovery Act Accountability and Transparency Board....            7,000
 
             Small Business Administration
 
Salaries and Expenses.................................           84,000
Office of Inspector General...........................           10,000
Surety bond guarantees revolving fund.................           15,000
                                                       -----------------
      Subtotal........................................          109,000
 
             Business Loan Program Account
 
Direct Loans Subsidy..................................            6,000
Guaranteed Loans Subsidy..............................          615,000
                                                       -----------------
      Subtotal........................................          109,000
                                                       -----------------
      Total, Title V..................................       10,762,000
                                                       =================
                       TITLE VI
 
            DEPARTMENT OF HOMELAND SECURITY
 
        Departmental Management and Operations
 
Office of the Under Secretary for Management..........          248,000
Office of Inspector General...........................            5,000
                                                       -----------------
      Subtotal........................................          253,000
 
          U.S. Customs and Border Protection
 
Salaries and expenses.................................          198,000
Border security fencing, infrastructure, and                    200,000
 technology (BISFIT)..................................
Construction..........................................          800,000
                                                       -----------------
      Subtotal........................................        1,198,000
 
          Immigration and Customs Enforcement
 
Automization modernization............................           27,800
 
        Transportation Security Administration
 
Aviation security.....................................        1,200,000
 
                      Coast Guard
 
Acquisition, construction and improvements............          572,500
Alteration of bridges.................................          240,400
                                                       -----------------
      Subtotal........................................          812,900
 
      Federal Emergency Management Administration
 
Management and Administration.........................            6,000
State and Local Programs..............................          950,000
Firefighter assistance grants.........................          500,000
                                                       -----------------
      Subtotal........................................        1,456,000
 
Emergency food and shelter............................          100,000
 
        Federal Law Enforcement Training Center
 
Acquisitions, construction, improvements, and related            15,000
 expenses.............................................
 
                Science and Technology
 
Research, development, acquisition, and operations....           14,000
                                                       -----------------
      Total, Title VI.................................        5,076,700
                                                       =================
                       TITLE VII
 
              DEPARTMENT OF THE INTERIOR
 
               Bureau of Land Management
 
Management of Lands and Resources.....................          135,000
Construction..........................................          180,000
Wildland Fire Management..............................           15,000
                                                       -----------------
      Subtotal........................................          330,000
 
        United States Fish and Wildlife Service
 
Resource Management...................................          190,000
Construction..........................................          110,000
                                                       -----------------
      Subtotal........................................          300,000
 
                 National Park Service
 
Operation of the National Park System.................          158,000
Historic Preservation Fund............................           55,000
Construction..........................................          589,000
                                                       -----------------
      Subtotal........................................          802,000
 
            United States Geological Survey
 
Surveys Investigations and Research...................          135,000
 
               Bureau of Indian Affairs
 
Operation of Indian Programs..........................           40,000
Construction..........................................          522,000
Indian guaranteed loan program account................           10,000
                                                       -----------------
      Subtotal........................................          572,000
 
                    Insular Affairs
 
Assistance to Territories.............................           62,000
 
              Office of Inspector General
 
Salaries and Expenses.................................            7,600
 
           Central Hazardous Materials Fund
 
Central hazardous materials fund......................           20,000
 
                 Working Capital Fund
 
Working capital fund..................................           20,000
                                                       -----------------
 
      Total...........................................        2,248,600
 
            ENVIRONMENTAL PROTECTION AGENCY
 
Hazardous Substance Superfund.........................          800,000
Leaking Underground Storage Tank Trust Fund Program...          200,000
State and Tribal Assistance Grants....................        6,400,000
                                                       -----------------
      Total...........................................        7,400,000
 
               DEPARTMENT OF AGRICULTURE
 
                    Forest Service
 
Capital Improvement and Maintenance...................          650,000
Wildland Fire Management..............................          650,000
                                                       -----------------
      Subtotal........................................        1,300,000
 
        DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
                 Indian Health Service
 
Indian Health Services................................          135,000
Indian Health Facilities..............................          410,000
                                                       -----------------
      Subtotal........................................          545,000
 
                Smithsonian Institution
 
Facilities Capital....................................          150,000
                                                       -----------------
      Total, Title VII................................       11,643,600
                                                       =================
                      TITLE VIII
 
                  DEPARTMENT OF LABOR
 
        Employment and Training Administration
 
Training and employment services......................        3,250,000
Community service employment for older Americans......          120,000
                                                       -----------------
      Subtotal........................................        3,370,000
 
State Unemployment Insurance & Employment Service.....          400,000
Office of Job Corps...................................          160,000
Office of Inspector General...........................            3,000
                                                       -----------------
      Subtotal........................................        3,933,000
 
        DEPARTMENT OF HEALTH AND HUMAN SERVICES
 
     Health Resources and Services Administration
 
Health resources and services.........................        1,088,000
 
      Centers for Disease Control and Prevention
Buildings and facilities..............................          412,000
 
             National Institutes of Health
 
National Center for Research Resources................          300,000
Office of the Director................................        2,700,000
Buildings and facilities..............................          500,000
                                                       -----------------
      Subtotal........................................        3,500,000
 
      Agency for Healthcare Research and Quality
 
Healthcare research and quality.......................        1,100,000
 
       Administration for Children and Families
 
Child Care and development block grant program........        2,000,000
Social services block grant...........................          400,000
Children and families services programs...............        2,300,000
                                                       -----------------
      Subtotal........................................        4,700,000
 
                Administration on Aging
 
Aging services programs...............................          100,000
 
                Office of the Secretary
 
Office of the National Coordinator for Health IT......        5,000,000
Office of Inspector General...........................            4,000
PHSSEF................................................        6,670,000
                                                       -----------------
      Subtotal........................................       22,574,000
 
                DEPARTMENT OF EDUCATION
 
Education for the Disadvantaged.......................       13,000,000
School Improvement Programs...........................       17,070,000
Special Education.....................................       13,500,000
Rehabilitation Services and Disability Research.......          610,000
Student Financial Assistance..........................       13,930,000
Higher Education......................................          100,000
Higher Education facilities...........................        3,500,000
Office of Inspector General...........................            4,000
                                                       -----------------
      Total...........................................       61,714,000
 
                   RELATED AGENCIES
 
    Corporation for National and Community Service
 
Operating expenses....................................          160,000
National Service trust................................           40,000
                                                       -----------------
      Subtotal........................................          200,000
 
            Social Security Administration
 
Limitation on Administrative Expenses.................          890,000
Office of Inspector General...........................            3,000
                                                       -----------------
      Subtotal........................................          893,000
                                                       -----------------
      Subtotal........................................        1,093,000
                                                       -----------------
      Total, Title VIII...............................       89,314,000
                                                       =================
                       TITLE IX
 
           GOVERNMENT ACCOUNTABILITY OFFICE
 
Salaries and expenses.................................           20,000
                                                       -----------------
      Total, Title IX.................................           20,000
                                                       =================
                        TITLE X
 
                 DEPARTMENT OF DEFENSE
 
Military construction, Army...........................          637,875
Military construction, Navy and Marine Corps..........          990,092
Miltary construction, Air Force.......................          871,332
Military construction, Defense Wide...................          118,560
                                                       -----------------
      Subtotal........................................        2,617,859
 
Military construction, Army National Guard............          150,000
Military construction, Air National Guard.............          110,000
                                                       -----------------
      Subtotal........................................          260,000
 
Family housing construction, Army.....................           34,570
Family housing operation and maintenance, Army........            3,932
Family housing construction, Air Force................           80,100
Family housing operation and maintenance, Air Force...           16,461
Homeowners assistance fund............................          410,973
                                                       -----------------
      Subtotal........................................          546,036
                                                       -----------------
      Total...........................................        3,423,895
                                                       =================
            DEPARTMENT OF VETERANS AFFAIRS
 
            Veterans Health Administration
 
Medical support and compliance........................            5,000
Medical facilities....................................        1,370,459
                                                       -----------------
      Subtotal........................................        1,375,459
 
           National Cemetery Administration
 
National Cemetery Administration......................           64,961
 
              Departmental Administration
 
General operating expenses............................            1,125
Information technology systems........................          195,000
Office of Inspector General...........................            4,400
Construction, major projects..........................        1,105,333
Construction, minor projects..........................          939,836
Grants for construction of State extended care                  257,986
 facilities...........................................
                                                       -----------------
      Subtotal........................................        2,503,680
                                                       -----------------
      Total...........................................        3,944,100
                                                       =================
                    RELATED AGENCY
 
             DEPARTMENT OF DEFENSE--CIVIL
 
               Cemeterial Expenses, Army
 
Salaries and expenses.................................           60,300
                                                       -----------------
      Total, Title X..................................        7,428,295
                                                       =================
                       TITLE XI
 
                  DEPARTMENT OF STATE
 
           Administration of Foreign Affairs
 
Diplomatic and Consular Programs......................          180,500
Capital Investment Fund...............................          524,000
Office of Inspector General...........................            2,000
                                                       -----------------
      Subtotal........................................          706,500
 
               International Commissions
 
International Boundary and Water Commission United              224,000
 States and Mexico: Construction......................
 
       U.S. Agency for International Development
 
          Funds Appropriated to the President
 
Capital Investment Fund...............................          100,000
U.S. Agency for International Development Office of                 500
 Inspector General....................................
                                                       -----------------
      Total, Title XI.................................        1,031,000
                                                       =================
                       TITLE XII
 
             Department of Transportation
 
                Office of the Secretary
 
Supplemental discretionary grants for a National              5,500,000
 Surface Transportation system........................
 
            Federal Aviation Administration
 
Supplemental funding for facilities and equipment.....          200,000
Supplemental discretionary grants for airport                 1,100,000
 investment...........................................
                                                       -----------------
      Subtotal........................................        1,300,000
 
            Federal Highway Administration
 
Supplemental grants for highway investment............       27,060,000
 
            Federal Railroad Administration
 
Supplemental grants to States for intercity                     250,000
 passengerrail service................................
Supplemental capital grants to the National Railroad            850,000
 Passenger Corporation [AMTRAK].......................
High-speed rail corridor program......................        2,000,000
 
            Federal Transit Administration
 
Supplemental grants for public transit investment.....        8,400,000
 
                Maritime Administration
 
Supplemental grants for assistance to small shipyards.          100,000
 
              Office of Inspector General
 
Salaries and expenses.................................            7,750
 
      DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
               Public and Indian Housing
 
Public housing capital fund...........................        5,000,000
Native American housing block grants..................          510,000
                                                       -----------------
      Subtotal........................................        5,510,000
 
          Community Planning and Development
 
Neighborhood stabilization program....................        2,250,000
HOME investment partnership program...................        2,250,000
Homelessness prevention fund..........................        1,500,000
                                                       -----------------
      Subtotal........................................        6,000,000
 
                   Housing Programs
 
Assisted housing stability and energy and green               3,500,000
 retrofit investments.................................
 
    Office of Healthy Homes and Lead Hazard Control
 
Lead hazard reduction.................................          100,000
 
              Office of Inspector General
 
Salaries and expenses.................................            2,750
                                                       -----------------
      Total, Title XII................................       60,580,500
                                                       =================
                       TITLE XV
 
                DEPARTMENT OF EDUCATION
 
            State Fiscal Stabilization Fund

State Fiscal Stabilization Fund.......................       79,000,000
                                                       -----------------
      Total, Title XV.................................       79,000,000
                                                       =================
      Grand total.....................................      365,629,525
          Emergency appropriations, fiscal year 2009..     (350,778,525)
          Advance appropriation, (emergency)..........      (14,851,000)
------------------------------------------------------------------------

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