IB 

Union Calendar No. 1 

111TH CONGRESS 

1ST SESSION H. R. 679 

[Report No. 111–4] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2009 

Mr. OBEY, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘American Recovery 

3 and Reinvestment Act of 2009’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

TITLE I—GENERAL PROVISIONS 

TITLE II—AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENT 

TITLE III—COMMERCE, JUSTICE, AND SCIENCE 

TITLE IV—DEFENSE 

TITLE V—ENERGY AND WATER 

TITLE VI—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

TITLE VII—HOMELAND SECURITY 

TITLE VIII—INTERIOR AND ENVIRONMENT 

TITLE IX—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION 

TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS 

TITLE XI—DEPARTMENT OF STATE 

TITLE XII—TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT 

TITLE XIII—STATE FISCAL STABILIZATION FUND 

6 SEC. 3. STATEMENT OF APPROPRIATIONS. 

7 The following sums in this Act are appropriated, out 

8 of any money in the Treasury not otherwise appropriated, 

9 for the fiscal year ending September 30, 2009, and for 

10 other purposes. 

11 TITLE I—GENERAL PROVISIONS 

12 Subtitle A—Use of Funds 

13 SEC. 1101. PURPOSES AND PRINCIPLES. 

14 (a) STATEMENT OF PURPOSES.—The purposes of 

15 this Act include the following: 

16 (1) To preserve and create jobs and promote 

17 economic recovery. 


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1 (2) To assist those most impacted by the reces2 sion. 

3 (3) To provide investments needed to increase 

4 economic efficiency by spurring technological ad5 vances in science and health. 

6 (4) To invest in transportation, environmental 

7 protection, and other infrastructure that will provide 

8 long-term economic benefits. 

9 (5) To stabilize State and local government 

10 budgets, in order to minimize and avoid reductions 

11 in essential services and counterproductive state and 

12 local tax increases. 

13 (b) GENERAL PRINCIPLES CONCERNING USE OF

14 FUNDS.—The President and the heads of Federal depart15 ments and agencies shall manage and expend the funds 

16 made available in this Act so as to achieve the purposes 

17 specified in subsection (a), including commencing expendi18 tures and activities as quickly as possible consistent with 

19 prudent management. 

20 SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES. 

21 In using funds made available in this Act for infra22 structure investment, recipients shall give preference to 

23 activities that can be started and completed expeditiously, 

24 including a goal of using at least 50 percent of the funds 

25 for activities that can be initiated not later than 120 days 


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1 after the date of the enactment of this Act. Recipients 

2 shall also use grant funds in a manner that maximizes 

3 job creation and economic benefit. 

4 SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS. 

5 (a) FORMULA GRANTS.—Formula grants using funds 

6 made available in this Act shall be awarded not later than 

7 30 days after the date of the enactment of this Act (or, 

8 in the case of appropriations not available upon enact9 ment, not later than 30 days after the appropriation be10 comes available for obligation), unless expressly provided 

11 otherwise in this Act. 

12 (b) COMPETITIVE GRANTS.—Competitive grants 

13 using funds made available in this Act shall be awarded 

14 not later than 90 days after the date of the enactment 

15 of this Act (or, in the case of appropriations not available 

16 upon enactment, not later than 90 days after the appro17 priation becomes available for obligation), unless expressly 

18 provided otherwise in this Act. 

19 (c) ADDITIONAL PERIOD FOR NEW PROGRAMS.—The 

20 time limits specified in subsections (a) and (b) may each 

21 be extended by up to 30 days in the case of grants for 

22 which funding was not provided in fiscal year 2008. 


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1 SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANT2 EES. 

3 (a) DEADLINE FOR BINDING COMMITMENTS.—Each 

4 recipient of a grant made using amounts made available 

5 in this Act in any account listed in subsection (c) shall 

6 enter into contracts or other binding commitments not 

7 later than 1 year after the date of the enactment of this 

8 Act (or not later than 9 months after the grant is award9 ed, if later) to make use of 50 percent of the funds award10 ed, and shall enter into contracts or other binding commit11 ments not later than 2 years after the date of the enact12 ment of this Act (or not later than 21 months after the 

13 grant is awarded, if later) to make use of the remaining 

14 funds. In the case of activities to be carried out directly 

15 by a grant recipient (rather than by contracts, subgrants, 

16 or other arrangements with third parties), a certification 

17 by the recipient specifying the amounts, planned timing, 

18 and purpose of such expenditures shall be deemed a bind19 ing commitment for purposes of this section. 

20 (b) REDISTRIBUTION OF UNCOMMITTED FUNDS.— 

21 The head of the Federal department or agency involved 

22 shall recover or deobligate any grant funds not committed 

23 in accordance with subsection (a), and redistribute such 

24 funds to other recipients eligible under the grant program 

25 and able to make use of such funds in a timely manner 


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1 (including binding commitments within 120 days after the 

2 reallocation). 

3 (c) APPROPRIATIONS TO WHICH THIS SECTION AP4 PLIES.—This section shall apply to grants made using 

5 amounts appropriated in any of the following accounts 

6 within this Act: 

7 (1) ‘‘Environmental Protection Agency—State 

8 and Tribal Assistance Grants’’. 

9 (2) ‘‘Department of Transportation—Federal 

10 Aviation Administration—Grants-in-Aid for Air11 ports’’. 

12 (3) ‘‘Department of Transportation—Federal 

13 Railroad Administration—Capital Assistance for 

14 Intercity Passenger Rail Service’’. 

15 (4) ‘‘Department of Transportation—Federal 

16 Transit Administration—Capital Investment 

17 Grants’’. 

18 (5) ‘‘Department of Transportation—Federal 

19 Transit Administration—Fixed Guideway Infra20 structure Investment’’. 

21 (6) ‘‘Department of Transportation—Federal 

22 Transit Administration—Transit Capital Assist23 ance’’. 


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1 (7) ‘‘Department of Housing and Urban Devel2 opment—Public and Indian Housing—Public Hous3 ing Capital Fund’’. 

4 (8) ‘‘Department of Housing and Urban Devel5 opment—Public and Indian Housing—Elderly, Dis6 abled, and Section 8 Assisted Housing Energy Ret7 rofit’’. 

8 (9) ‘‘Department of Housing and Urban Devel9 opment—Public and Indian Housing—Native Amer10 ican Housing Block Grants’’. 

11 (10) ‘‘Department of Housing and Urban De12 velopment—Community Planning and Develop13 ment—HOME Investment Partnerships Program’’. 

14 (11) ‘‘Department of Housing and Urban De15 velopment—Community Planning and Develop16 ment—Self-Help and Assisted Homeownership Op17 portunity Program’’. 

18 SEC. 1105. PERIOD OF AVAILABILITY. 

19 (a) IN GENERAL.—All funds appropriated in this Act 

20 shall remain available for obligation until September 30, 

21 2010, unless expressly provided otherwise in this Act. 

22 (b) REOBLIGATION.—Amounts that are not needed 

23 or cannot be used under title X of this Act for the activity 

24 for which originally obligated may be deobligated and, not25 withstanding the limitation on availability specified in subVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 section (a), reobligated for other activities that have re2 ceived funding from the same account or appropriation in 

3 such title. 

4 SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT. 

5 Unless other provision is made in this Act (or in other 

6 applicable law) for such expenses, up to 0.5 percent of 

7 each amount appropriated in this Act may be used for the 

8 expenses of management and oversight of the programs, 

9 grants, and activities funded by such appropriation, and 

10 may be transferred by the head of the Federal department 

11 or agency involved to any other appropriate account within 

12 the department or agency for that purpose. Funds set 

13 aside under this section shall remain available for obliga14 tion until September 30, 2012. 

15 SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL. 

16 In addition to funds otherwise made available in this 

17 Act, there are hereby appropriated the following sums to 

18 the specified Offices of Inspector General, to remain avail19 able until September 30, 2013, for oversight and audit of 

20 programs, grants, and projects funded under this Act: 

21 (1) ‘‘Department of Agriculture—Office of In22 spector General’’, $22,500,000. 

23 (2) ‘‘Department of Commerce—Office of In24 spector General’’, $10,000,000. 


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1 (3) ‘‘Department of Defense—Office of the In2 spector General’’, $15,000,000. 

3 (4) ‘‘Department of Education—Departmental 

4 Management—Office of the Inspector General’’, 

5 $14,000,000. 

6 (5) ‘‘Department of Energy—Office of Inspec7 tor General’’, $15,000,000. 

8 (6) ‘‘Department of Health and Human Serv9 ices—Office of the Secretary—Office of Inspector 

10 General’’, $19,000,000. 

11 (7) ‘‘Department of Homeland Security—Office 

12 of Inspector General’’, $2,000,000. 

13 (8) ‘‘Department of Housing and Urban Devel14 opment—Management and Administration—Office 

15 of Inspector General’’, $15,000,000. 

16 (9) ‘‘Department of the Interior—Office of In17 spector General’’, $15,000,000. 

18 (10) ‘‘Department of Justice—Office of Inspec19 tor General’’, $2,000,000. 

20 (11) ‘‘Department of Labor—Departmental 

21 Management—Office of Inspector General’’, 

22 $6,000,000. 

23 (12) ‘‘Department of Transportation—Office of 

24 Inspector General’’, $20,000,000. 


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1 (13) ‘‘Department of Veterans Affairs—Office 

2 of Inspector General’’, $1,000,000. 

3 (14) ‘‘Environmental Protection Agency—Office 

4 of Inspector General’’, $20,000,000. 

5 (15) ‘‘General Services Administration—Gen6 eral Activities—Office of Inspector General’’, 

7 $15,000,000. 

8 (16) ‘‘National Aeronautics and Space Adminis9 tration—Office of Inspector General’’, $2,000,000. 

10 (17) ‘‘National Science Foundation—Office of 

11 Inspector General’’, $2,000,000. 

12 (18) ‘‘Small Business Administration—Office of 

13 Inspector General’’, $10,000,000. 

14 (19) ‘‘Social Security Administration—Office of 

15 Inspector General’’, $2,000,000. 

16 (20) ‘‘Corporation for National and Community 

17 Service—Office of Inspector General’’, $1,000,000. 

18 SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNT19 ABILITY OFFICE. 

20 There is hereby appropriated as an additional amount 

21 for ‘‘Government Accountability Office—Salaries and Ex22 penses’’ $25,000,000, for oversight activities relating to 

23 this Act. 


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1 SEC. 1109. PROHIBITED USES. 

2 None of the funds appropriated or otherwise made 

3 available in this Act may be used for any casino or other 

4 gambling establishment, aquarium, zoo, golf course, or 

5 swimming pool. 

6 SEC. 1110. USE OF AMERICAN IRON AND STEEL. 

7 (a) IN GENERAL.—None of the funds appropriated 

8 or otherwise made available by this Act may be used for 

9 a project for the construction, alteration, maintenance, or 

10 repair of a public building or public work unless all of the 

11 iron and steel used in the project is produced in the United 

12 States. 

13 (b) EXCEPTIONS.—Subsection (a) shall not apply in 

14 any case in which the head of the Federal department or 

15 agency involved finds that— 

16 (1) applying subsection (a) would be incon17 sistent with the public interest; 

18 (2) iron and steel are not produced in the 

19 United States in sufficient and reasonably available 

20 quantities and of a satisfactory quality; or 

21 (3) inclusion of iron and steel produced in the 

22 United States will increase the cost of the overall 

23 project by more than 25 percent. 

24 (c) WRITTEN JUSTIFICATION FOR WAIVER.—If the 

25 head of a Federal department or agency determines that 

26 it is necessary to waive the application of subsection (a) 


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1 based on a finding under subsection (b), the head of the 

2 department or agency shall publish in the Federal Register 

3 a detailed written justification as to why the provision is 

4 being waived. 

5 (d) DEFINITIONS.—In this section, the terms ‘‘public 

6 building’’ and ‘‘public work’’ have the meanings given such 

7 terms in section 1 of the Buy American Act (41 U.S.C. 

8 10c) and include airports, bridges, canals, dams, dikes, 

9 pipelines, railroads, multiline mass transit systems, roads, 

10 tunnels, harbors, and piers. 

11 SEC. 1111. WAGE RATE REQUIREMENTS. 

12 Notwithstanding any other provision of law and in 

13 a manner consistent with other provisions in this Act, all 

14 laborers and mechanics employed by contractors and sub15 contractors on projects funded directly by or assisted in 

16 whole or in part by and through the Federal Government 

17 pursuant to this Act shall be paid wages at rates not less 

18 than those prevailing on projects of a character similar 

19 in the locality as determined by the Secretary of Labor 

20 in accordance with subchapter IV of chapter 31 of title 

21 40, United States Code. With respect to the labor stand22 ards specified in this section, the Secretary of Labor shall 

23 have the authority and functions set forth in Reorganiza24 tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 

25 App.) and section 3145 of title 40, United States Code. 


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1 SEC. 1112. RELATIONSHIP TO OTHER APPROPRIATIONS. 

2 Each amount appropriated or made available in this 

3 Act is in addition to amounts otherwise appropriated for 

4 the fiscal year involved. Enactment of this Act shall have 

5 no effect on the availability of amounts under the Con6 tinuing Appropriations Resolution, 2009 (division A of 

7 Public Law 110–329). 

8 SEC. 1113. EMERGENCY DESIGNATION. 

9 Each amount in this Act is designated as an emer10 gency requirement and necessary to meet emergency needs 

11 pursuant to section 204(a) of S. Con. Res. 21 (110th Con12 gress) and section 301(b)(2) of S. Con. Res. 70 (110th 

13 Congress), the concurrent resolutions on the budget for 

14 fiscal years 2008 and 2009. 

15 SEC. 1114. ADDITIONAL ASSURANCE OF APPROPRIATE USE 

16 OF FUNDS. 

17 None of the funds provided by this Act may be made 

18 available to the State of Illinois, or any agency of the 

19 State, unless (1) the use of such funds by the State is 

20 approved in legislation enacted by the State after the date 

21 of the enactment of this Act, or (2) Rod R. Blagojevich 

22 no longer holds the office of Governor of the State of Illi23 nois. The preceding sentence shall not apply to any funds 

24 provided directly to a unit of local government (1) by a 

25 Federal department or agency or (2) by an established for26 mula from the State. 


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1 SEC. 1115. PERSISTENT POVERTY COUNTIES. 

2 (a) ALLOCATION REQUIREMENT.—Of the amount ap3 propriated in this Act for at least 10 percent shall be allo4 cated for assistance in persistent poverty counties. 

5 (b) DEFINITION.—For purposes of this section, the 

6 term ‘‘persistent poverty counties’’ means any county that 

7 has had 20 percent or more of its population living in pov8 erty over the past 30 years, as measured by the 1980, 

9 1990, and 2000 decennial censuses. 

10 SEC. 1116. REQUIRED PARTICIPATION IN E-VERIFY PRO11 GRAM. 

12 None of the funds made available in this Act may 

13 be used to enter into a contract with an entity that does 

14 not participate in the E-verify program described in sec15 tion 401(b) of the Illegal Immigration Reform and Immi16 grant Responsibility Act of 1996 (8 U.S.C. 6 1324a note). 

17 Subtitle B—Accountability in 

18 Recovery Act Spending 

19 PART 1—TRANSPARENCY AND OVERSIGHT 

20 REQUIREMENTS 

21 SEC. 1201. TRANSPARENCY REQUIREMENTS. 

22 (a) REQUIREMENTS FOR FEDERAL AGENCIES.— 

23 Each Federal agency shall publish on the website Recov24 ery.gov (as established under section 1226 of this sub25 title)— 


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1 (1) a plan for using funds made available in 

2 this Act to the agency; and 

3 (2) all announcements for grant competitions, 

4 allocations of formula grants, and awards of com5 petitive grants using those funds. 

6 (b) REQUIREMENTS FOR FEDERAL, STATE, AND

7 LOCAL GOVERNMENT AGENCIES.— 

8 (1) INFRASTRUCTURE INVESTMENT FUND9 ING.—With respect to funds made available under 

10 this Act for infrastructure investments to Federal, 

11 State, or local government agencies, the following re12 quirements apply: 

13 (A) Each such agency shall notify the pub14 lic of funds obligated to particular infrastruc15 ture investments by posting the notification on 

16 the website Recovery.gov. 

17 (B) The notification required by subpara18 graph (A) shall include the following: 

19 (i) A description of the infrastructure 

20 investment funded. 

21 (ii) The purpose of the infrastructure 

22 investment. 

23 (iii) The total cost of the infrastruc24 ture investment. 


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1 (iv) The rationale of the agency for 

2 funding the infrastructure investment with 

3 funds made available under this Act. 

4 (v) The name of the person to contact 

5 at the agency if there are concerns with 

6 the infrastructure investment and, with re7 spect to Federal agencies, an email address 

8 for the Federal official in the agency whom 

9 the public can contact. 

10 (vi) In the case of State or local agen11 cies, a certification from the Governor, 

12 mayor, or other chief executive, as appro13 priate, that the infrastructure investment 

14 has received the full review and vetting re15 quired by law and that the chief executive 

16 accepts responsibility that the infrastruc17 ture investment is an appropriate use of 

18 taxpayer dollars. A State or local agency 

19 may not receive infrastructure investment 

20 funding from funds made available in this 

21 Act unless this certification is made. 

22 (2) OPERATIONAL FUNDING.—With respect to 

23 funds made available under this Act in the form of 

24 grants for operational purposes to State or local gov25 ernment agencies or other organizations, the agency 


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1 or organization shall publish on the website Recov2 ery.gov a description of the intended use of the 

3 funds, including the number of jobs sustained or cre4 ated. 

5 (c) AVAILABILITY ON INTERNET OF CONTRACTS AND

6 GRANTS.—Each contract awarded or grant issued using 

7 funds made available in this Act shall be posted on the 

8 Internet and linked to the website Recovery.gov. Propri9 etary data that is required to be kept confidential under 

10 applicable Federal or State law or regulation shall be re11 dacted before posting. 

12 SEC. 1202. INSPECTOR GENERAL REVIEWS. 

13 (a) REVIEWS.—Any inspector general of a Federal 

14 department or executive agency shall review, as appro15 priate, any concerns raised by the public about specific 

16 investments using funds made available in this Act. Any 

17 findings of an inspector general resulting from such a re18 view shall be relayed immediately to the head of each de19 partment and agency. In addition, the findings of such re20 views, along with any audits conducted by any inspector 

21 general of funds made available in this Act, shall be posted 

22 on the Internet and linked to the website Recovery.gov. 

23 (b) EXAMINATION OF RECORDS.—The Inspector 

24 General of the agency concerned may examine any records 

25 related to obligations of funds made available in this Act. 


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1 SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE RE2 VIEWS AND REPORTS. 

3 (a) REVIEWS AND REPORTS.—The Comptroller Gen4 eral of the United States shall conduct bimonthly reviews 

5 and prepare reports on such reviews on the use by selected 

6 States and localities of funds made available in this Act. 

7 Such reports, along with any audits conducted by the 

8 Comptroller General of such funds, shall be posted on the 

9 Internet and linked to the website Recovery.gov. 

10 (b) EXAMINATION OF RECORDS.—The Comptroller 

11 General may examine any records related to obligations 

12 of funds made available in this Act. 

13 SEC. 1204. COUNCIL OF ECONOMIC ADVISERS REPORTS. 

14 The Chairman of the Council of Economic Advisers, 

15 in consultation with the Director of the Office of Manage16 ment and Budget and the Secretary of the Treasury, shall 

17 submit quarterly reports to Congress detailing the esti18 mated impact of programs under this Act on employment, 

19 economic growth, and other key economic indicators. 

20 SEC. 1205. SPECIAL CONTRACTING PROVISIONS. 

21 The Federal Acquisition Regulation shall apply to 

22 contracts awarded with funds made available in this Act. 

23 To the maximum extent possible, such contracts shall be 

24 awarded as fixed-price contracts through the use of com25 petitive procedures. Existing contracts so awarded may be 

26 utilized in order to obligate such funds expeditiously. Any 


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1 contract awarded with such funds that is not fixed-price 

2 and not awarded using competitive procedures shall be 

3 posted in a special section of the website Recovery.gov. 

4 PART 2—ACCOUNTABILITY AND TRANSPARENCY 

5 BOARD 

6 SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND 

7 TRANSPARENCY BOARD. 

8 There is established a board to be known as the ‘‘Re9 covery Act Accountability and Transparency Board’’ 

10 (hereafter in this subtitle referred to as the ‘‘Board’’) to 

11 coordinate and conduct oversight of Federal spending 

12 under this Act to prevent waste, fraud, and abuse. 

13 SEC. 1222. COMPOSITION OF BOARD. 

14 (a) MEMBERSHIP.—The Board shall be composed of 

15 seven members as follows: 

16 (1) The Chief Performance Officer of the Presi17 dent, who shall chair the Board. 

18 (2) Six members designated by the President 

19 from the inspectors general and deputy secretaries 

20 of the Departments of Education, Energy, Health 

21 and Human Services, Transportation, and other 

22 Federal departments and agencies to which funds 

23 are made available in this Act. 

24 (b) TERMS.—Each member of the Board shall serve 

25 for a term to be determined by the President. 


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1 SEC. 1223. FUNCTIONS OF THE BOARD. 

2 (a) OVERSIGHT.—The Board shall coordinate and 

3 conduct oversight of spending under this Act to prevent 

4 waste, fraud, and abuse. In addition to responsibilities set 

5 forth in this subtitle, the responsibilities of the Board shall 

6 include the following: 

7 (1) Ensuring that the reporting of information 

8 regarding contract and grants under this Act meets 

9 applicable standards and specifies the purpose of the 

10 contract or grant and measures of performance. 

11 (2) Verifying that competition requirements ap12 plicable to contracts and grants under this Act and 

13 other applicable Federal law have been satisfied. 

14 (3) Investigating spending under this Act to de15 termine whether wasteful spending, poor contract or 

16 grant management, or other abuses are occurring. 

17 (4) Reviewing whether there are sufficient 

18 qualified acquisition and grant personnel overseeing 

19 spending under this Act. 

20 (5) Reviewing whether acquisition and grant 

21 personnel receive adequate training and whether 

22 there are appropriate mechanisms for interagency 

23 collaboration. 

24 (b) REPORTS.— 

25 (1) FLASH AND OTHER REPORTS.—The Board 

26 shall submit to Congress reports, to be known as 


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1 ‘‘flash reports’’, on potential management and fund2 ing problems that require immediate attention. The 

3 Board also shall submit to Congress such other re4 ports as the Board considers appropriate on the use 

5 and benefits of funds made available in this Act. 

6 (2) QUARTERLY.—The Board shall submit to 

7 the President and Congress quarterly reports sum8 marizing its findings and the findings of agency in9 spectors general and may issue additional reports as 

10 appropriate. 

11 (3) ANNUALLY.—On an annual basis, the 

12 Board shall prepare a consolidated report on the use 

13 of funds under this Act. All reports shall be publicly 

14 available and shall be posted on the Internet website 

15 Recovery.gov, except that portions of reports may be 

16 redacted if the portions would disclose information 

17 that is protected from public disclosure under sec18 tion 552 of title 5, United States Code (popularly 

19 known as the Freedom of Information Act). 

20 (c) RECOMMENDATIONS TO AGENCIES.—The Board 

21 shall make recommendations to Federal agencies on meas22 ures to prevent waste, fraud, and abuse. A Federal agency 

23 shall, within 30 days after receipt of any such rec24 ommendation, submit to the Board, the President, and the 

25 congressional committees of jurisdiction a report on 


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1 whether the agency agrees or disagrees with the rec2 ommendations and what steps, if any, the agency plans 

3 to take to implement the recommendations. 

4 SEC. 1224. POWERS OF THE BOARD. 

5 (a) COORDINATION OF AUDITS AND INVESTIGATIONS

6 BY AGENCY INSPECTORS GENERAL.—The Board shall co7 ordinate the audits and investigations of spending under 

8 this Act by agency inspectors general. 

9 (b) CONDUCT OF REVIEWS BY BOARD.—The Board 

10 may conduct reviews of spending under this Act and may 

11 collaborate on such reviews with any inspector general. 

12 (c) MEETINGS.—The Board may, for the purpose of 

13 carrying out its duties under this Act, hold public meet14 ings, sit and act at times and places, and receive informa15 tion as the Board considers appropriate. The Board shall 

16 meet at least once a month. 

17 (d) OBTAINING OFFICIAL DATA.—The Board may 

18 secure directly from any department or agency of the 

19 United States information necessary to enable it to carry 

20 out its duties under this Act. Upon request of the Chair21 man of the Board, the head of that department or agency 

22 shall furnish that information to the Board. 

23 (e) CONTRACTS.—The Board may enter into con24 tracts to enable the Board to discharge its duties under 

25 this Act. 


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1 SEC. 1225. STAFFING. 

2 (a) EXECUTIVE DIRECTOR.—The Chairman of the 

3 Board may appoint and fix the compensation of an execu4 tive director and other personnel as may be required to 

5 carry out the functions of the Board. The Director shall 

6 be paid at the rate of basic pay for level IV of the Execu7 tive Schedule. 

8 (b) STAFF OF FEDERAL AGENCIES.—Upon request 

9 of the Board, the head of any Federal department or agen10 cy may detail any Federal official or employee, including 

11 officials and employees of offices of inspector general, to 

12 the Board without reimbursement from the Board, and 

13 such detailed staff shall retain the rights, status, and 

14 privileges of his or her regular employment without inter15 ruption. 

16 (c) OFFICE SPACE.—Office space shall be provided 

17 to the Board within the Executive Office of the President. 

18 SEC. 1226. RECOVERY.GOV. 

19 (a) REQUIREMENT TO ESTABLISH WEBSITE.—The 

20 Board shall establish and maintain a website on the Inter21 net to be named Recovery.gov, to foster greater account22 ability and transparency in the use of funds made avail23 able in this Act. 

24 (b) PURPOSE.—Recovery.gov shall be a portal or 

25 gateway to key information related to this Act and provide 


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1 a window to other Government websites with related infor2 mation. 

3 (c) MATTERS COVERED.—In establishing the website 

4 Recovery.gov, the Board shall ensure the following: 

5 (1) The website shall provide materials explain6 ing what this Act means for citizens. The materials 

7 shall be easy to understand and regularly updated. 

8 (2) The website shall provide accountability in9 formation, including a database of findings from au10 dits, inspectors general, and the Government Ac11 countability Office. 

12 (3) The website shall provide data on relevant 

13 economic, financial, grant, and contract information 

14 in user-friendly visual presentations to enhance pub15 lic awareness of the use funds made available in this 

16 Act. 

17 (4) The website shall provide detailed data on 

18 contracts awarded by the Government for purposes 

19 of carrying out this Act, including information about 

20 the competitiveness of the contracting process, noti21 fication of solicitations for contracts to be awarded, 

22 and information about the process that was used for 

23 the award of contracts. 


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1 (5) The website shall include printable reports 

2 on funds made available in this Act obligated by 

3 month to each State and congressional district. 

4 (6) The website shall provide a means for the 

5 public to give feedback on the performance of con6 tracts awarded for purposes of carrying out this Act. 

7 (7) The website shall be enhanced and updated 

8 as necessary to carry out the purposes of this sub9 title. 

10 SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF IN11 SPECTORS GENERAL. 

12 Inspectors general shall retain independent authority 

13 to determine whether to conduct an audit or investigation 

14 of spending under this Act. If the Board requests that 

15 an inspector general conduct or refrain from conducting 

16 an audit or investigation and the inspector general rejects 

17 the request in whole or in part, the inspector general shall, 

18 within 30 days after receipt of the request, submit to the 

19 Board, the agency head, and the congressional committees 

20 of jurisdiction a report explaining why the inspector gen21 eral has rejected the request in whole or in part. 


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1 SEC. 1228. COORDINATION WITH THE COMPTROLLER GEN2 ERAL AND STATE AUDITORS. 

3 The Board shall coordinate its oversight activities 

4 with the Comptroller General of the United States and 

5 State auditor generals. 

6 SEC. 1229. INDEPENDENT ADVISORY PANEL. 

7 (a) ESTABLISHMENT.—There is established a panel 

8 to be known as the ‘‘Independent Advisory Panel’’ to ad9 vise the Board. 

10 (b) MEMBERSHIP.—The Panel shall be composed of 

11 five members appointed by the President from among indi12 viduals with expertise in economics, public finance, con13 tracting, accounting, or other relevant fields. 

14 (c) FUNCTIONS.—The Panel shall make rec15 ommendations to the Board on actions the Board could 

16 take to prevent waste, fraud, and abuse in Federal spend17 ing under this Act. 

18 (d) TRAVEL EXPENSES.—Each member of the Panel 

19 shall receive travel expenses, including per diem in lieu 

20 of subsistence, in accordance with applicable provisions 

21 under subchapter I of chapter 57 of title 5, United States 

22 Code. 

23 SEC. 1230. FUNDING. 

24 There is hereby appropriated to the Board 

25 $14,000,000 to carry out this subtitle. 


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1 SEC. 1231. BOARD TERMINATION. 

2 The Board shall terminate 12 months after 90 per3 cent of the funds made available under this Act have been 

4 expended, as determined by the Director of the Office of 

5 Management and Budget. 

6 PART 3—ADDITIONAL ACCOUNTABILITY AND 

7 TRANSPARENCY PROVISIONS 

8 SEC. 1241. LIMITATION ON THE LENGTH OF CERTAIN NON9 COMPETITIVE CONTRACTS. 

10 No contract entered into using funds made available 

11 in this Act pursuant to the authority provided in section 

12 303(c)(2) of the Federal Property and Administrative 

13 Services Act of 1949 (41 U.S.C. 253(c)(2)) that is for an 

14 amount greater than the simplified acquisition threshold 

15 (as defined in section 4(11) of the Office of Federal Pro16 curement Policy Act (41 U.S.C. (4)(11))— 

17 (1) may exceed the time necessary— 

18 (A) to meet the unusual and compelling re19 quirements of the work to be performed under 

20 the contract; and 

21 (B) for the executive agency to enter into 

22 another contract for the required goods or serv23 ices through the use of competitive procedures; 

24 and 


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1 (2) may exceed one year unless the head of the 

2 executive agency entering into such contract deter3 mines that exceptional circumstances apply. 

4 SEC. 1242. ACCESS OF GOVERNMENT ACCOUNTABILITY OF5 FICE AND OFFICES OF INSPECTOR GENERAL 

6 TO CERTAIN EMPLOYEES. 

7 (a) ACCESS.—Each contract awarded using funds 

8 made available in this Act shall provide that the Comp9 troller General and his representatives, and any represent10 atives of an appropriate inspector general appointed under 

11 section 3 or 8G of the Inspector General Act of 1978 (5 

12 U.S.C. App.), are authorized— 

13 (1) to examine any records of the contractor or 

14 any of its subcontractors, or any State or local agen15 cy administering such contract, that directly pertain 

16 to, and involve transactions relating to, the contract 

17 or subcontract; and 

18 (2) to interview any current employee regarding 

19 such transactions. 

20 (b) RELATIONSHIP TO EXISTING AUTHORITY.— 

21 Nothing in this section shall be interpreted to limit or re22 strict in any way any existing authority of the Comptroller 

23 General or an Inspector General. 


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1 SEC. 1243. PROTECTING STATE AND LOCAL GOVERNMENT 

2 AND CONTRACTOR WHISTLEBLOWERS. 

3 (a) PROHIBITION OF REPRISALS.—An employee of 

4 any non-Federal employer receiving funds made available 

5 in this Act may not be discharged, demoted, or otherwise 

6 discriminated against as a reprisal for disclosing to the 

7 Board, an inspector general, the Comptroller General, a 

8 member of Congress, or a Federal agency head, or their 

9 representatives, information that the employee reasonably 

10 believes is evidence of— 

11 (1) gross mismanagement of an executive agen12 cy contract or grant; 

13 (2) a gross waste of executive agency funds; 

14 (3) a substantial and specific danger to public 

15 health or safety; or 

16 (4) a violation of law related to an executive 

17 agency contract (including the competition for or ne18 gotiation of a contract) or grant awarded or issued 

19 to carry out this Act. 

20 (b) INVESTIGATION OF COMPLAINTS.— 

21 (1) A person who believes that the person has 

22 been subjected to a reprisal prohibited by subsection 

23 (a) may submit a complaint to the inspector general 

24 of the executive agency that awarded the contract or 

25 issued the grant. Unless the inspector general deter26 mines that the complaint is frivolous, the inspector 


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1 general shall investigate the complaint and, upon 

2 completion of such investigation, submit a report of 

3 the findings of the investigation to the person, the 

4 person’s employer, the head of the Federal agency 

5 that awarded the contract or issued the grant, and 

6 the Board. 

7 (2)(A) Except as provided under subparagraph 

8 (B), the inspector general shall make a determina9 tion that a complaint is frivolous or submit a report 

10 under paragraph (1) within 180 days after receiving 

11 the complaint. 

12 (B) If the inspector general is unable to com13 plete an investigation in time to submit a report 

14 within the 180-day period specified in subparagraph 

15 (A) and the person submitting the complaint agrees 

16 to an extension of time, the inspector general shall 

17 submit a report under paragraph (1) within such ad18 ditional period of time as shall be agreed upon be19 tween the inspector general and the person submit20 ting the complaint. 

21 (c) REMEDY AND ENFORCEMENT AUTHORITY.— 

22 (1) Not later than 30 days after receiving an 

23 inspector general report pursuant to subsection (b), 

24 the head of the agency concerned shall determine 

25 whether there is sufficient basis to conclude that the 


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1 non-Federal employer has subjected the complainant 

2 to a reprisal prohibited by subsection (a) and shall 

3 either issue an order denying relief or shall take one 

4 or more of the following actions: 

5 (A) Order the employer to take affirmative 

6 action to abate the reprisal. 

7 (B) Order the employer to reinstate the 

8 person to the position that the person held be9 fore the reprisal, together with the compensa10 tion (including back pay), employment benefits, 

11 and other terms and conditions of employment 

12 that would apply to the person in that position 

13 if the reprisal had not been taken. 

14 (C) Order the employer to pay the com15 plainant an amount equal to the aggregate 

16 amount of all costs and expenses (including at17 torneys’ fees and expert witnesses’ fees) that 

18 were reasonably incurred by the complainant 

19 for, or in connection with, bringing the com20 plaint regarding the reprisal, as determined by 

21 the head of the agency. 

22 (2) If the head of an executive agency issues an 

23 order denying relief under paragraph (1) or has not 

24 issued an order within 210 days after the submission 

25 of a complaint under subsection (b), or in the case 


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1 of an extension of time under paragraph (b)(2)(B), 

2 not later than 30 days after the expiration of the ex3 tension of time, and there is no showing that such 

4 delay is due to the bad faith of the complainant, the 

5 complainant shall be deemed to have exhausted all 

6 administrative remedies with respect to the com7 plaint, and the complainant may bring a de novo ac8 tion at law or equity against the employer to seek 

9 compensatory damages and other relief available 

10 under this section in the appropriate district court 

11 of the United States, which shall have jurisdiction 

12 over such an action without regard to the amount in 

13 controversy. Such an action shall, at the request of 

14 either party to the action, be tried by the court with 

15 a jury. 

16 (3) An inspector general determination and an 

17 agency head order denying relief under paragraph 

18 (2) shall be admissible in evidence in any de novo 

19 action at law or equity brought pursuant to this sub20 section. 

21 (4) Whenever a person fails to comply with an 

22 order issued under paragraph (1), the head of the 

23 agency shall file an action for enforcement of such 

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1 curred. In any action brought under this paragraph, 

2 the court may grant appropriate relief, including in3 junctive relief and compensatory and exemplary 

4 damages. 

5 (5) Any person adversely affected or aggrieved 

6 by an order issued under paragraph (1) may obtain 

7 review of the order’s conformance with this sub8 section, and any regulations issued to carry out this 

9 section, in the United States court of appeals for a 

10 circuit in which the reprisal is alleged in the order 

11 to have occurred. No petition seeking such review 

12 may be filed more than 60 days after issuance of the 

13 order by the head of the agency. Review shall con14 form to chapter 7 of title 5. 

15 (d) CONSTRUCTION.—Nothing in this section may be 

16 construed to authorize the discharge of, demotion of, or 

17 discrimination against an employee for a disclosure other 

18 than a disclosure protected by subsection (a) or to modify 

19 or derogate from a right or remedy otherwise available to 

20 the employee. 

21 (e) DEFINITIONS.— 

22 (1) NON-FEDERAL EMPLOYER RECEIVING

23 FUNDS UNDER THIS ACT.—The term ‘‘non-Federal 

24 employer receiving funds made available in this Act’’ 

25 means— 


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1 (A) with respect to a Federal contract 

2 awarded or Federal grant issued to carry out 

3 this Act, the contractor or grantee, as the case 

4 may be, if the contractor or grantee is an em5 ployer; or 

6 (B) a State or local government, if the 

7 State or local government has received funds 

8 made available in this Act. 

9 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

10 agency’’ has the meaning given that term in section 

11 4 of the Office of Federal Procurement Policy Act 

12 (41 U.S.C. 403). 

13 (3) STATE OR LOCAL GOVERNMENT.—The term 

14 ‘‘State or local government’’ means— 

15 (A) the government of each of the several 

16 States, the District of Columbia, the Common17 wealth of Puerto Rico, Guam, American Samoa, 

18 the Virgin Islands, the Northern Mariana Is19 lands, or any other territory or possession of 

20 the United States; or 

21 (B) the government of any political sub22 division of a government listed in subparagraph 

23 (A). 


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1 TITLE II—AGRICULTURE, NUTRI2 TION, AND RURAL DEVELOP3 MENT 

4 DEPARTMENT OF AGRICULTURE 

5 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

6 PAYMENTS

7 For an additional amount for ‘‘Agriculture Buildings 

8 and Facilities and Rental Payments’’, $44,000,000, for 

9 necessary construction, repair, and improvement activities: 

10 Provided, That section 1106 of this Act shall not apply 

11 to this appropriation. 

12 AGRICULTURAL RESEARCH SERVICE

13 BUILDINGS AND FACILITIES

14 For an additional amount for ‘‘Buildings and Facili15 ties’’, $209,000,000, for work on deferred maintenance at 

16 Agricultural Research Service facilities: Provided, That 

17 priority in the use of such funds shall be given to critical 

18 deferred maintenance, to projects that can be completed, 

19 and to activities that can commence promptly following 

20 enactment of this Act. 

21 FARM SERVICE AGENCY

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and Ex24 penses,’’ $245,000,000, for the purpose of maintaining 

25 and modernizing the information technology system: ProVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 vided, That section 1106 of this Act shall not apply to 

2 this appropriation. 

3 NATURAL RESOURCES CONSERVATION SERVICE

4 WATERSHED AND FLOOD PREVENTION OPERATIONS

5 For an additional amount for ‘‘Watershed and Flood 

6 Prevention Operations’’, $350,000,000, of which 

7 $175,000,000 is for necessary expenses to purchase and 

8 restore floodplain easements as authorized by section 403 

9 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) 

10 (except that no more than $50,000,000 of the amount pro11 vided for the purchase of floodplain easements may be ob12 ligated for projects in any one State): Provided, That sec13 tion 1106 of this Act shall not apply to this appropriation: 

14 Provided further, That priority in the use of such funds 

15 shall be given to projects that can be fully funded and 

16 completed with the funds appropriated in this Act, and 

17 to activities that can commence promptly following enact18 ment of this Act. 

19 WATERSHED REHABILITATION PROGRAM

20 For an additional amount for ‘‘Watershed Rehabilita21 tion Program’’, $50,000,000, for necessary expenses to 

22 carry out rehabilitation of structural measures: Provided, 

23 That section 1106 of this Act shall not apply to this ap24 propriation: Provided further, That priority in the use of 

25 such funds shall be given to projects that can be fully 


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1 funded and completed with the funds appropriated in this 

2 Act, and to activities that can commence promptly fol3 lowing enactment of this Act. 

4 RURAL DEVELOPMENT PROGRAMS

5 RURAL COMMUNITY ADVANCEMENT PROGRAM

6 (INCLUDING TRANSFERS OF FUNDS)

7 For an additional amount for gross obligations for 

8 the principal amount of direct and guaranteed loans as 

9 authorized by sections 306 and 310B and described in sec10 tions 381E(d)(1), 381E(d)(2), and 381E(d)(3) of the 

11 Consolidated Farm and Rural Development Act, to be 

12 available from the rural community advancement pro13 gram, as follows: $5,838,000,000, of which 

14 $1,102,000,000 is for rural community facilities direct 

15 loans, of which $2,000,000,000 is for business and indus16 try guaranteed loans, and of which $2,736,000,000 is for 

17 rural water and waste disposal direct loans. 

18 For an additional amount for the cost of direct loans, 

19 loan guarantees, and grants, including the cost of modi20 fying loans, as defined in section 502 of the Congressional 

21 Budget Act of 1974, as follows: $1,800,000,000, of which 

22 $63,000,000 is for rural community facilities direct loans, 

23 of which $137,000,000 is for rural community facilities 

24 grants authorized under section 306(a) of the Consoli25 dated Farm and Rural Development Act, of which 


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1 $87,000,000 is for business and industry guaranteed 

2 loans, of which $13,000,000 is for rural business enter3 prise grants authorized under section 310B of the Consoli4 dated Farm and Rural Development Act, of which 

5 $400,000,000 is for rural water and waste disposal direct 

6 loans, and of which $1,100,000,000 is for rural water and 

7 waste disposal grants authorized under section 306(a): 

8 Provided, That the amounts appropriated under this head9 ing shall be transferred to, and merged with, the appro10 priation for ‘‘Rural Housing Service, Rural Community 

11 Facilities Program Account’’, the appropriation for 

12 ‘‘Rural Business-Cooperative Service, Rural Business Pro13 gram Account’’, and the appropriation for ‘‘Rural Utilities 

14 Service, Rural Water and Waste Disposal Program Ac15 count’’: Provided further, That priority for awarding such 

16 funds shall be given to project applications that dem17 onstrate that, if the application is approved, all project 

18 elements will be fully funded: Provided further, That pri19 ority for awarding such funds shall be given to project ap20 plications for activities that can be completed if the re21 quested funds are provided: Provided further, That priority 

22 for awarding such funds shall be given to activities that 

23 can commence promptly following enactment of this Act. 

24 In addition to other available funds, the Secretary of 

25 Agriculture may use not more than 3 percent of the funds 


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1 made available under this account for administrative costs 

2 to carry out loans, loan guarantees, and grants funded 

3 under this account, which shall be transferred and merged 

4 with the appropriation for ‘‘Rural Development, Salaries 

5 and Expenses’’ and shall remain available until September 

6 30, 2012: Provided, That the authority provided in this 

7 paragraph shall apply to appropriations under this head8 ing in lieu of the provisions of section 1106 of this Act. 

9 Funds appropriated by this Act to the Rural Commu10 nity Advancement Program for rural community facilities, 

11 rural business, and rural water and waste disposal direct 

12 loans, loan guarantees and grants may be transferred 

13 among these programs: Provided, That the Committees on 

14 Appropriations of the House of Representatives and the 

15 Senate shall be notified at least 15 days in advance of 

16 any transfer. 

17 RURAL HOUSING SERVICE

18 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

20 For an additional amount of gross obligations for the 

21 principal amount of direct and guaranteed loans as au22 thorized by title V of the Housing Act of 1949, to be avail23 able from funds in the rural housing insurance fund, as 

24 follows: $22,129,000,000 for loans to section 502 bor25 rowers, of which $4,018,000,000 shall be for direct loans, 


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1 and of which $18,111,000,000 shall be for unsubsidized 

2 guaranteed loans. 

3 For an additional amount for the cost of direct and 

4 guaranteed loans, including the cost of modifying loans, 

5 as defined in section 502 of the Congressional Budget Act 

6 of 1974, as follows: section 502 loans, $500,000,000, of 

7 which $270,000,000 shall be for direct loans, and of which 

8 $230,000,000 shall be for unsubsidized guaranteed loans. 

9 In addition to other available funds, the Secretary of 

10 Agriculture may use not more than 3 percent of the funds 

11 made available under this account for administrative costs 

12 to carry out loans and loan guarantees funded under this 

13 account, of which $1,750,000 will be committed to agency 

14 projects associated with maintaining the compliance, safe15 ty, and soundness of the portfolio of loans guaranteed 

16 through the section 502 guaranteed loan program: Pro17 vided, These funds shall be transferred and merged with 

18 the appropriation for ‘‘Rural Development, Salaries and 

19 Expenses’’: Provided further, That the authority provided 

20 in this paragraph shall apply to appropriations under this 

21 heading in lieu of the provisions of section 1106 of this 

22 Act. 

23 Funds appropriated by this Act to the Rural Housing 

24 Insurance Fund Program account for section 502 direct 

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1 ferred between these programs: Provided, That the Com2 mittees on Appropriations of the House of Representatives 

3 and the Senate shall be notified at least 15 days in ad4 vance of any transfer. 

5 RURAL UTILITIES SERVICE

6 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

7 PROGRAM

8 (INCLUDING TRANSFERS OF FUNDS)

9 For an additional amount for the cost of broadband 

10 loans and loan guarantees, as authorized by the Rural 

11 Electrification Act of 1936 (7 U.S.C. 901 et seq.) and for 

12 grants, $2,825,000,000: Provided, That the cost of direct 

13 and guaranteed loans shall be as defined in section 502 

14 of the Congressional Budget Act of 1974: Provided fur15 ther, That, notwithstanding title VI of the Rural Elec16 trification Act of 1936, this amount is available for grants, 

17 loans and loan guarantees for open access broadband in18 frastructure in any area of the United States: Provided 

19 further, That at least 75 percent of the area to be served 

20 by a project receiving funds from such grants, loans or 

21 loan guarantees shall be in a rural area without sufficient 

22 access to high speed broadband service to facilitate rural 

23 economic development, as determined by the Secretary of 

24 Agriculture: Provided further, That priority for awarding 

25 funds made available under this paragraph shall be given 


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1 to projects that provide service to the most rural residents 

2 that do not have access to broadband service: Provided fur3 ther, That priority shall be given for project applications 

4 from borrowers or former borrowers under title II of the 

5 Rural Electrification Act of 1936 and for project applica6 tions that include such borrowers or former borrowers: 

7 Provided further, That notwithstanding section 1103 of 

8 this Act, 50 percent of the grants, loans, and loan guaran9 tees made available under this heading shall be awarded 

10 not later than September 30, 2009: Provided further, That 

11 priority for awarding such funds shall be given to project 

12 applications that demonstrate that, if the application is 

13 approved, all project elements will be fully funded: Pro14 vided further, That priority for awarding such funds shall 

15 be given to project applications for activities that can be 

16 completed if the requested funds are provided: Provided 

17 further, That priority for awarding such funds shall be 

18 given to activities that can commence promptly following 

19 enactment of this Act: Provided further, That no area of 

20 a project funded with amounts made available under this 

21 paragraph may receive funding to provide broadband serv22 ice under the Broadband Deployment Grant Program: 

23 Provided further, That the Secretary shall submit a report 

24 on planned spending and actual obligations describing the 

25 use of these funds not later than 90 days after the date 


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1 of enactment of this Act, and quarterly thereafter until 

2 all funds are obligated, to the Committees on Appropria3 tions of the House of Representatives and the Senate. 

4 In addition to other available funds, the Secretary 

5 may use not more than 3 percent of the funds made avail6 able under this account for administrative costs to carry 

7 out loans, loan guarantees, and grants funded under this 

8 account, which shall be transferred and merged with the 

9 appropriation for ‘‘Rural Development, Salaries and Ex10 penses’’ and shall remain available until September 30, 

11 2012: Provided, That the authority provided in this para12 graph shall apply to appropriations under this heading in 

13 lieu of the provisions of section 1106 of this Act. 

14 FOOD AND NUTRITION SERVICE

15 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

16 WOMEN, INFANTS, AND CHILDREN (WIC)

17 For an additional amount for the special supple18 mental nutrition program as authorized by section 17 of 

19 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

20 $100,000,000, for the purposes specified in section 

21 17(h)(10)(B)(ii) for the Secretary of Agriculture to pro22 vide assistance to State agencies to implement new man23 agement information systems or improve existing manage24 ment information systems for the program. 


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1 EMERGENCY FOOD ASSISTANCE PROGRAM

2 For an additional amount for the emergency food as3 sistance program as authorized by section 27(a) of the 

4 Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and 

5 section 204(a)(1) of the Emergency Food Assistance Act 

6 of 1983 (7 U.S.C. 7508(a)(1)), $150,000,000, of which 

7 $100,000,000 is for the purchase of commodities and of 

8 which $50,000,000 is for costs associated with the dis9 tribution of commodities 

10 GENERAL PROVISIONS, THIS TITLE 

11 SEC. 2001. TEMPORARY INCREASE IN BENEFITS UNDER 

12 THE SUPPLEMENTAL NUTRITION ASSIST13 ANCE PROGRAM. 

14 (a) MAXIMUM BENEFIT INCREASE.— 

15 (1) IN GENERAL.—Beginning the first month 

16 that begins not less than 25 days after the date of 

17 enactment of this Act, the value of benefits deter18 mined under section 8(a) of the Food and Nutrition 

19 Act of 2008 and consolidated block grants for Puer20 to Rico and American Samoa determined under sec21 tion 19(a) of such Act shall be calculated using 

22 113.6 percent of the June 2008 value of the thrifty 

23 food plan as specified under section 3(o) of such 

24 Act. 

25 (2) TERMINATION.— 


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1 (A) The authority provided by this sub2 section shall terminate after September 30, 

3 2009. 

4 (B) Notwithstanding subparagraph (A), 

5 the Secretary of Agriculture may not reduce the 

6 value of the maximum allotment below the level 

7 in effect for fiscal year 2009 as a result of 

8 paragraph (1). 

9 (b) REQUIREMENTS FOR THE SECRETARY.—In car10 rying out this section, the Secretary shall— 

11 (1) consider the benefit increases described in 

12 subsection (a) to be a ‘‘mass change’’; 

13 (2) require a simple process for States to notify 

14 households of the increase in benefits; 

15 (3) consider section 16(c)(3)(A) of the Food 

16 and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) 

17 to apply to any errors in the implementation of this 

18 section, without regard to the 120-day limit de19 scribed in that section; and 

20 (4) have the authority to take such measures as 

21 necessary to ensure the efficient administration of 

22 the benefits provided in this section. 

23 (c) ADMINISTRATIVE EXPENSES.— 

24 (1) IN GENERAL.—For the costs of State ad25 ministrative expenses associated with carrying out 


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1 this section, the Secretary shall make available 

2 $150,000,000 in each of fiscal years 2009 and 2010, 

3 to remain available through September 30, 2012, of 

4 which $4,500,000 is for necessary expenses of the 

5 Food and Nutrition Service for management and 

6 oversight of the program and for monitoring the in7 tegrity and evaluating the effects of the payments 

8 made under this section. 

9 (2) AVAILABILITY OF FUNDS.—Funds described 

10 in paragraph (1) shall be made available as grants 

11 to State agencies based on each State’s share of 

12 households that participate in the Supplemental Nu13 trition Assistance Program as reported to the De14 partment of Agriculture for the 12-month period 

15 ending with June, 2008. 

16 (d) TREATMENT OF JOBLESS WORKERS.—Beginning 

17 with the first month that begins not less than 25 days 

18 after the date of enactment of this Act, and for each sub19 sequent month through September 30, 2010, jobless 

20 adults who comply with work registration and employment 

21 and training requirements under section 6, section 20, or 

22 section 26 of the Food and Nutrition Act of 2008 (7 

23 U.S.C. 2015, 2029, or 2035) shall not be disqualified from 

24 the Supplemental Nutrition Assistance Program because 

25 of the provisions of section 6(o)(2) of such Act (7 U.S.C. 


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1 2015(o)(2)). Beginning on October 1, 2010, for the pur2 poses of section 6(o), a State agency shall disregard any 

3 period during which an individual received Supplemental 

4 Nutrition Assistance Program benefits prior to October 1, 

5 2010. 

6 (e) FUNDING.—There is appropriated to the Sec7 retary of Agriculture such sums as are necessary to carry 

8 out this section, to remain available until expended. Sec9 tion 1106 of this Act shall not apply to this appropriation. 

10 SEC. 2002. AFTERSCHOOL FEEDING PROGRAM FOR AT-RISK 

11 CHILDREN. 

12 Section 17(r) of the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1766 (r)) is amended by 

14 striking paragraph (5). 

15 TITLE III—COMMERCE, JUSTICE, 

16 AND SCIENCE 

17 Subtitle A—Commerce 

18 DEPARTMENT OF COMMERCE 

19 ECONOMIC DEVELOPMENT ADMINISTRATION

20 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

21 (INCLUDING TRANSFER OF FUNDS) 

22 For an additional amount for ‘‘Economic Develop23 ment Assistance Programs’’, $250,000,000: Provided, 

24 That the amount set aside from this appropriation pursu25 ant to section 1106 of this Act shall not exceed 2 percent 


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1 instead of the percentage specified in such section: Pro2 vided further, That the amount set aside pursuant to the 

3 previous proviso shall be transferred to and merged with 

4 the appropriation for ‘‘Salaries and Expenses’’ for pur5 poses of program administration and oversight: Provided 

6 further, That up to $50,000,000 may be transferred to 

7 federally authorized regional economic development com8 missions. 

9 BUREAU OF THE CENSUS

10 PERIODIC CENSUSES AND PROGRAMS

11 For an additional amount for ‘‘Periodic Censuses and 

12 Programs’’, $1,000,000,000: Provided, That section 1106 

13 of this Act shall not apply to funds provided under this 

14 heading. 

15 NATIONAL TELECOMMUNICATIONS AND INFORMATION

16 ADMINISTRATION

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $350,000,000, to remain available until Sep20 tember 30, 2011: Provided, That funds shall be available 

21 to establish the State Broadband Data and Development 

22 Grant Program, as authorized by Public Law 110–385, 

23 for the development and implementation of statewide ini24 tiatives to identify and track the availability and adoption 

25 of broadband services within each State, and to develop 


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1 and maintain a nationwide broadband inventory map, as 

2 authorized by section 3101 of this Act. 

3 WIRELESS AND BROADBAND DEPLOYMENT GRANT

4 PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses related to the Wireless and 

7 Broadband Deployment Grant Programs established by 

8 section 3102 of this Act, $2,825,000,000, of which 

9 $1,000,000,000 shall be for Wireless Deployment Grants 

10 and $1,825,000,000 shall be for Broadband Deployment 

11 Grants: Provided, That the National Telecommunications 

12 and Information Administration shall submit a report on 

13 planned spending and actual obligations describing the use 

14 of these funds not later than 120 days after the date of 

15 enactment of this Act, and an update report not later than 

16 60 days following the initial report, to the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate, the Committee on Energy and Commerce of the 

19 House of Representatives, and the Committee on Com20 merce, Science, and Transportation of the Senate: Pro21 vided further, That notwithstanding section 1103 of this 

22 Act, 50 percent of the grants made available under this 

23 heading shall be awarded not later than September 30, 

24 2009: Provided further, That up to 20 percent of the funds 

25 provided under this heading for Wireless Deployment 


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1 Grants and Broadband Deployment Grants may be trans2 ferred between these programs: Provided further, That the 

3 Committees on Appropriations of the House of Represent4 atives and the Senate shall be notified at least 15 days 

5 in advance of any transfer. 

6 DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM

7 Notwithstanding any other provision of law, and in 

8 addition to amounts otherwise provided in any other Act, 

9 for costs associated with the Digital-to-Analog Converter 

10 Box Program, $650,000,000, to be available until Sep11 tember 30, 2009: Provided, That these funds shall be 

12 available for coupons and related activities, including but 

13 not limited to education, consumer support and outreach, 

14 as deemed appropriate and necessary to ensure a timely 

15 conversion of analog to digital television. 

16 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

17 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

18 For an additional amount for ‘‘Scientific and Tech19 nical Research and Services’’, $100,000,000. 

20 INDUSTRIAL TECHNOLOGY SERVICES

21 For an additional amount for ‘‘Industrial Technology 

22 Services’’, $100,000,000, of which $70,000,000 shall be 

23 available for the necessary expenses of the Technology In24 novation Program and $30,000,000 shall be available for 


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1 the necessary expenses of the Hollings Manufacturing Ex2 tension Partnership. 

3 CONSTRUCTION OF RESEARCH FACILITIES

4 For an additional amount for ‘‘Construction of Re5 search Facilities’’, as authorized by sections 13 through 

6 15 of the Act of March 13, 1901 (15 U.S.C. 278c-278e), 

7 $300,000,000, for a competitive construction grant pro8 gram for research science buildings: Provided further, 

9 That for peer-reviewed grants made under this heading, 

10 the time limitation provided in section 1103(b) of this Act 

11 shall be 120 days. 

12 NATIONAL OCEANIC AND ATMOSPHERIC

13 ADMINISTRATION

14 OPERATIONS, RESEARCH, AND FACILITIES

15 For an additional amount for ‘‘Operations, Research, 

16 and Facilities’’, $400,000,000, for habitat restoration and 

17 mitigation activities. 

18 PROCUREMENT, ACQUISITION AND CONSTRUCTION

19 For an additional amount for ‘‘Procurement, Acquisi20 tion and Construction’’, $600,000,000, for accelerating 

21 satellite development and acquisition, acquiring climate 

22 sensors and climate modeling capacity, and establishing 

23 climate data records: Provided further, That not less than 

24 $140,000,000 shall be available for climate data modeling. 


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1 GENERAL PROVISIONS, THIS SUBTITLE 

2 SEC. 3101. INVENTORY OF BROADBAND SERVICE CAPA3 BILITY AND AVAILABILITY. 

4 (a) ESTABLISHMENT.—To provide a comprehensive 

5 nationwide inventory of existing broadband service capa6 bility and availability, the National Telecommunications 

7 and Information Administration (‘‘NTIA’’) shall develop 

8 and maintain a broadband inventory map of the United 

9 States that identifies and depicts the geographic extent 

10 to which broadband service capability is deployed and 

11 available from a commercial provider or public provider 

12 throughout each State. 

13 (b) PUBLIC AVAILABILITY AND INTERACTIVITY.— 

14 Not later than 2 years after the date of enactment of this 

15 Act, the NTIA shall make the broadband inventory map 

16 developed and maintained pursuant to this section acces17 sible by the public on a World Wide Web site of the NTIA 

18 in a form that is interactive and searchable. 

19 SEC. 3102. WIRELESS AND BROADBAND DEPLOYMENT 

20 GRANT PROGRAMS. 

21 (a) GRANTS AUTHORIZED.— 

22 (1) IN GENERAL.—The National Telecommuni23 cations and Information Administration (‘‘NTIA’’) 

24 is authorized to carry out a program to award 

25 grants to eligible entities for the non-recurring costs 


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1 associated with the deployment of broadband infra2 structure in rural, suburban, and urban areas, in ac3 cordance with the requirements of this section. 

4 (2) PROGRAM WEBSITE.—The NTIA shall de5 velop and maintain a website to make publicly avail6 able information about the program described in 

7 paragraph (1), including— 

8 (A) each prioritization report submitted by 

9 a State under subsection (b); 

10 (B) a list of eligible entities that have ap11 plied for a grant under this section, and the 

12 area or areas the entity proposes to serve; and 

13 (C) the status of each such application, 

14 whether approved, denied, or pending. 

15 (b) STATE PRIORITIES.— 

16 (1) PRIORITIES REPORT SUBMISSION.—Not 

17 later than 75 days after the date of enactment of 

18 this section, each State intending to participate in 

19 the program under this section shall submit to the 

20 NTIA a report indicating the geographic areas of 

21 the State which— 

22 (A) for the purposes of determining the 

23 need for Wireless Deployment Grants under 

24 subsection (c), the State considers to have the 

25 greatest priority for— 


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1 (i) wireless voice service in unserved 

2 areas; and 

3 (ii) advanced wireless broadband serv4 ice in underserved areas; and 

5 (B) for the purposes of determining the 

6 need for Broadband Deployment Grants under 

7 subsection (d), the State considers to have the 

8 greatest priority for— 

9 (i) basic broadband service in 

10 unserved areas; and 

11 (ii) advanced broadband service in un12 derserved areas. 

13 (2) LIMITATION.—The unserved and under14 served areas identified by a State in the report re15 quired by this subsection shall not represent, in the 

16 aggregate, more than 20 percent of the population 

17 or of the geographic area of such State. 

18 (c) WIRELESS DEPLOYMENT GRANTS.— 

19 (1) AUTHORIZED ACTIVITY.—The NTIA shall 

20 award Wireless Deployment Grants in accordance 

21 with this subsection from money appropriated for 

22 Wireless Deployment Grants by this subtitle to eligi23 ble entities to deploy necessary infrastructure for the 

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1 less broadband service to end users in designated 

2 areas. 

3 (2) GRANT DISTRIBUTION.—The NTIA shall 

4 seek to distribute grants, to the extent possible, so 

5 that 25 percent of the grants awarded under this 

6 subsection shall be awarded to eligible entities for 

7 providing wireless voice service to unserved areas 

8 and 75 percent of grants awarded under this sub9 section shall be awarded to eligible entities for pro10 viding advanced wireless broadband service to under11 served areas. 

12 (d) BROADBAND DEPLOYMENT GRANTS.— 

13 (1) AUTHORIZED ACTIVITY.—The NTIA shall 

14 award Broadband Deployment Grants in accordance 

15 with this subsection from money appropriated for 

16 Broadband Deployment Grants by this subtitle to el17 igible entities to deploy necessary infrastructure for 

18 the provision of basic broadband service or advanced 

19 broadband service to end users in designated areas. 

20 (2) GRANT DISTRIBUTION.—The NTIA shall 

21 seek to distribute grants, to the extent possible, so 

22 that 25 percent of the grants awarded under this 

23 subsection shall be awarded to eligible entities for 

24 providing basic broadband service to unserved areas 

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1 section shall be awarded to eligible entities for pro2 viding advanced broadband service to underserved 

3 areas. 

4 (e) GRANT REQUIREMENTS.—The NTIA shall— 

5 (1) adopt rules to protect against unjust enrich6 ment; and 

7 (2) ensure that grant recipients— 

8 (A) meet buildout requirements; 

9 (B) maximize use of the supported infra10 structure by the public; 

11 (C) operate basic and advanced broadband 

12 service networks on an open access basis; 

13 (D) operate advanced wireless broadband 

14 service on a wireless open access basis; and 

15 (E) adhere to the principles contained in 

16 the Federal Communications Commission’s 

17 broadband policy statement (FCC 05-151, 

18 adopted August 5, 2005). 

19 (f) APPLICATIONS.— 

20 (1) SUBMISSION.—To be considered for a grant 

21 awarded under subsection (c) or (d), an eligible enti22 ty shall submit to the NTIA an application at such 

23 time, in such manner, and containing such informa24 tion as the NTIA may require. Such an application 

25 shall include— 


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1 (A) a cost-study estimate for serving the 

2 particular geographic area to be served by the 

3 entity; 

4 (B) an engineering plan; 

5 (C) a proposed build-out schedule to resi6 dential households and small businesses in the 

7 area; 

8 (D) for applicants for Wireless Deployment 

9 Grants under subsection (c), a build-out sched10 ule for geographic coverage of such areas; and 

11 (E) any other requirements the NTIA 

12 deems necessary. 

13 (2) SELECTION.— 

14 (A) NOTIFICATION.—The NTIA shall no15 tify each eligible entity that has submitted a 

16 complete application whether the entity has 

17 been approved or denied for a grant under this 

18 section in timely fashion. 

19 (B) GRANT DISTRIBUTION CONSIDER20 ATIONS.—In awarding grants under this sec21 tion, the NTIA shall, to the extent practical— 

22 (i) award not less than one grant in 

23 each State; 

24 (ii) give substantial weight to whether 

25 an application is from an eligible entity to 


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1 deploy infrastructure in an area that is an 

2 area— 

3 (I) identified by a State in a re4 port submitted under subsection (b); 

5 or 

6 (II) in which the NTIA deter7 mines there will be a significant 

8 amount of public safety or emergency 

9 response use of the infrastructure; 

10 and 

11 (iii) consider whether an application 

12 from an eligible entity to deploy infrastruc13 ture in an area— 

14 (I) will, if approved, increase the 

15 affordability of, or subscribership to, 

16 service to the greatest population of 

17 underserved users in the area; 

18 (II) will, if approved, enhance 

19 service for health care delivery, edu20 cation, or children to the greatest pop21 ulation of underserved users in the 

22 area; 

23 (III) contains concrete plans for 

24 enhancing computer ownership or 

25 computer literacy in the area; 


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1 (IV) is from a recipient of more 

2 than 20 percent matching grants from 

3 State, local, or private entities for 

4 service in the area and the extent of 

5 such commitment; and 

6 (V) will, if approved, result in 

7 unjust enrichment because the eligible 

8 entity has applied for, or intends to 

9 apply for, support for the non-recur10 ring costs through another Federal 

11 program for service in the area. 

12 (g) CONSULTATION.—The NTIA shall consult with 

13 the Federal Communications Commission and other ap14 propriate Federal agencies in implementing this section. 

15 (h) DEFINITIONS.—For the purpose of this section— 

16 (1) the term ‘‘advanced broadband service’’ 

17 means a service delivering data to the end user 

18 transmitted at a speed of at least 45 megabits per 

19 second downstream and at least 15 megabits per 

20 second upstream; 

21 (2) the term ‘‘advanced wireless broadband 

22 service’’ means a wireless service delivering to the 

23 end user data transmitted at a speed of at least 3 

24 megabits per second downstream and at least 1 


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1 megabit per second upstream over an end-to-end 

2 internet protocol wireless network; 

3 (3) the term ‘‘basic broadband service’’ means 

4 a service delivering data to the end user transmitted 

5 at a speed of at least 5 megabits per second down6 stream and at least 1 megabit per second upstream; 

7 (4) the term ‘‘eligible entity’’ means— 

8 (A) a provider of wireless voice service, ad9 vanced wireless broadband service, basic 

10 broadband service, or advanced broadband serv11 ice; 

12 (B) a State or unit of local government, or 

13 agency or instrumentality thereof, that is or in14 tends to be a provider of any such service; and 

15 (C) any other entity, including construc16 tion companies, tower-building companies, or 

17 other service providers, that the NTIA author18 izes by rule to participate in the programs 

19 under this section, if such other entity is re20 quired to provide access to the supported infra21 structure on a neutral, reasonable basis to 

22 maximize use; 

23 (5) the term ‘‘State’’ includes the District of 

24 Columbia and the territories and possessions; 


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1 (6) the term ‘‘underserved area’’ shall be de2 fined by the Federal Communications Commission 

3 not later than 45 days after the date of enactment 

4 of this section; 

5 (7) the term ‘‘unserved area’’ shall be defined 

6 by the Federal Communications Commission not 

7 later than 45 days after the date of enactment of 

8 this section; 

9 (8) the term ‘‘wireless voice service’’ means the 

10 provision of two-way, real-time, voice communica11 tions using a mobile service; 

12 (9) the term ‘‘open access’’ shall be defined by 

13 the Federal Communications Commission not later 

14 than 45 days after the date of enactment of this sec15 tion; and 

16 (10) the term ‘‘wireless open access’’ shall be 

17 defined by the Federal Communications Commission 

18 not later than 45 days after the date of enactment 

19 of this section. 


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1 Subtitle B—Justice 

2 DEPARTMENT OF JUSTICE 

3 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

4 OFFICE OF JUSTICE PROGRAMS

5 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

6 For an additional amount for ‘‘State and Local Law 

7 Enforcement Assistance’’, $3,000,000,000, to be available 

8 for the Edward Byrne Memorial Justice Assistance Grant 

9 Program as authorized by subpart 1 of part E of title I 

10 of the Omnibus Crime Control and Safe Streets Act of 

11 1968, (except that section 1001(c), and the special rules 

12 for Puerto Rico under section 505(g), of such Act shall 

13 not apply for purposes of this Act): Provided, That section 

14 1106 of this Act shall not apply to funds provided under 

15 this heading. 

16 COMMUNITY ORIENTED POLICING SERVICES

17 For an additional amount for ‘‘Community Oriented 

18 Policing Services’’, $1,000,000,000, to be available for 

19 grants under section 1701 of title I of the 1968 Act (42 

20 U.S.C. 3796dd) for the hiring and rehiring of additional 

21 career law enforcement officers under part Q of such title 

22 notwithstanding subsection (i) of such section: Provided, 

23 That for peer-reviewed grants made under this heading, 

24 the time limitation provided in section 1103(b) of this Act 

25 shall be 120 days. 


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1 Subtitle C—Science 

2 NATIONAL AERONAUTICS AND SPACE 

3 ADMINISTRATION 

4 SCIENCE

5 For an additional amount for ‘‘Science’’, 

6 $400,000,000, of which not less than $250,000,000 shall 

7 be solely for accelerating the development of the tier 1 set 

8 of Earth science climate research missions recommended 

9 by the National Academies Decadal Survey. 

10 AERONAUTICS

11 For an additional amount for ‘‘Aeronautics’’, 

12 $150,000,000. 

13 CROSS AGENCY SUPPORT PROGRAMS

14 For an additional amount for ‘‘Cross Agency Support 

15 Programs’’, for necessary expenses for restoration and 

16 mitigation of National Aeronautics and Space Administra17 tion owned infrastructure and facilities related to the con18 sequences of hurricanes, floods, and other natural disas19 ters occurring during 2008 for which the President de20 clared a major disaster under title IV of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance Act of 

22 1974, $50,000,000. 


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1 NATIONAL SCIENCE FOUNDATION 

2 RESEARCH AND RELATED ACTIVITIES

3 For an additional amount for ‘‘Research and Related 

4 Activities’’, $2,500,000,000: Provided, That $300,000,000 

5 shall be available solely for the Major Research Instru6 mentation program and $200,000,000 shall be for activi7 ties authorized by title II of Public Law 100–570 for aca8 demic research facilities modernization: Provided, That for 

9 peer-reviewed grants made under this heading, the time 

10 limitation provided in section 1103(b) of this Act shall be 

11 120 days. 

12 EDUCATION AND HUMAN RESOURCES

13 For an additional amount for ‘‘Education and 

14 Human Resources’’, $100,000,000: Provided, That 

15 $60,000,000 shall be for activities authorized by section 

16 7030 of Public Law 110–69 and $40,000,000 shall be for 

17 activities authorized by section 9 of the National Science 

18 Foundation Authorization Act of 2002 (42 U.S.C. 1862n). 

19 MAJOR RESEARCH EQUIPMENT AND FACILITIES

20 CONSTRUCTION

21 For an additional amount for ‘‘Major Research 

22 Equipment and Facilities Construction’’, $400,000,000, 

23 which shall be available only for approved projects. 


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1 TITLE IV—DEFENSE 

2 DEPARTMENT OF DEFENSE 

3 FACILITY INFRASTRUCTURE INVESTMENTS, DEFENSE

4 For expenses, not otherwise provided for, to improve, 

5 repair and modernize Department of Defense facilities, re6 store and modernize Army barracks, and invest in the en7 ergy efficiency of Department of Defense facilities, 

8 $4,500,000,000, for Facilities Sustainment, Restoration 

9 and Modernization programs of the Department of De10 fense (including minor construction and major mainte11 nance and repair), which shall be available as follows: 

12 (1) ‘‘Operation and Maintenance, Army’’, 

13 $1,490,804,000. 

14 (2) ‘‘Operation and Maintenance, Navy’’, 

15 $624,380,000. 

16 (3) ‘‘Operation and Maintenance, Marine 

17 Corps’’, $128,499,000. 

18 (4) ‘‘Operation and Maintenance, Air Force’’, 

19 $1,236,810,000. 

20 (5) ‘‘Defense Health Program’’, $454,658,000. 

21 (6) ‘‘Operation and Maintenance, Army Re22 serve’’, $110,899,000. 

23 (7) ‘‘Operation and Maintenance, Navy Re24 serve’’, $62,162,000. 


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1 (8) ‘‘Operation and Maintenance, Marine Corps 

2 Reserve’’, $45,038,000. 

3 (9) ‘‘Operation and Maintenance, Air Force Re4 serve’’, $14,881,000. 

5 (10) ‘‘Operation and Maintenance, Army Na6 tional Guard’’, $302,700,000. 

7 (11) ‘‘Operation and Maintenance, Air National 

8 Guard’’, $29,169,000. 

9 ENERGY RESEARCH AND DEVELOPMENT, DEFENSE

10 For expenses, not otherwise provided for, for re11 search, development, test and evaluation programs for im12 provements in energy generation, transmission, regulation, 

13 use, and storage, for military installations, military vehi14 cles, and other military equipment, $350,000,000, which 

15 shall be available as follows: 

16 (1) ‘‘Research, Development, Test and Evalua17 tion, Army’’, $87,500,000. 

18 (2) ‘‘Research, Development, Test and Evalua19 tion, Navy’’, $87,500,000. 

20 (3) ‘‘Research, Development, Test and Evalua21 tion, Air Force’’, $87,500,000. 

22 (4) ‘‘Research, Development, Test and Evalua23 tion, Defense-Wide’’, $87,500,000 


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1 TITLE V—ENERGY AND WATER 

2 DEPARTMENT OF THE ARMY 

3 CORPS OF ENGINEERS—CIVIL

4 CONSTRUCTION

5 For an additional amount for ‘‘Construction’’, 

6 $2,000,000,000: Provided, That section 102 of Public 

7 Law 109–103 (33 U.S.C. 2221) shall not apply to funds 

8 provided in this paragraph: Provided further, That not9 withstanding any other provision of law, funds provided 

10 in this paragraph shall not be cost shared with the Inland 

11 Waterways Trust Fund as authorized in Public Law 99– 

12 662: Provided further, That funds provided in this para13 graph may only be used for programs, projects or activities 

14 previously funded: Provided further, That the Corps of En15 gineers is directed to prioritize funding for activities based 

16 on the ability to accelerate existing contracts or fully fund 

17 project elements and contracts for such elements in a time 

18 period of 2 years after the date of enactment of this Act 

19 giving preference to projects and activities that are labor 

20 intensive: Provided further, That funds provided in this 

21 paragraph shall be used for elements of projects, programs 

22 or activities that can be completed using funds provided 

23 herein: Provided further, That funds appropriated in this 

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1 thorized to be carried out in accordance with one or more 

2 of section 14 of the Flood Control Act of 1946 (33 U.S.C. 

3 701r), section 205 of the Flood Control Act of 1948 (33 

4 U.S.C. 701s), section 206 of the Water Resources Devel5 opment Act of 1996 (33 U.S.C. 2330), and section 1135 

6 of the Water Resources Development Act of 1986 (33 

7 U.S.C. 2309a), notwithstanding the program cost limita8 tions set forth in those sections: Provided further, That 

9 the limitation concerning total project costs in section 902 

10 of the Water Resources Development Act of 1986, as 

11 amended (33 U.S.C. 2280), shall not apply during fiscal 

12 year 2009 to any project that received funds provided in 

13 this title: Provided further, That for projects that are 

14 being completed with funds appropriated in this Act that 

15 are otherwise expired or lapsed for obligation, expired or 

16 lapsed funds appropriated in this Act may be used to pay 

17 the cost of associated supervision, inspection, overhead, 

18 engineering and design on those projects and on subse19 quent claims, if any: Provided further, That the Secretary 

20 of the Army shall submit a quarterly report to the Com21 mittees on Appropriations of the House of Representatives 

22 and the Senate detailing the allocation, obligation and ex23 penditures of these funds, beginning not later than 45 

24 days after enactment of this Act. 


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1 MISSISSIPPI RIVER AND TRIBUTARIES

2 For an additional amount for ‘‘Mississippi River and 

3 Tributaries’’, $250,000,000: Provided, That funds pro4 vided in this paragraph may only be used for programs, 

5 projects, or activities previously funded: Provided further, 

6 That the Corps of Engineers is directed to prioritize fund7 ing for activities based on the ability to accelerate existing 

8 contracts or fully fund project elements and contracts for 

9 such elements in a time period of 2 years after the date 

10 of enactment of this Act giving preference to projects and 

11 activities that are labor intensive: Provided further, That 

12 funds provided in this paragraph shall be used for ele13 ments of projects, programs, or activities that can be com14 pleted using funds provided herein: Provided further, That 

15 for projects that are being completed with funds appro16 priated in this Act that are otherwise expired or lapsed 

17 for obligation, expired or lapsed funds appropriated in this 

18 Act may be used to pay the cost of associated supervision, 

19 inspection, overhead, engineering and design on those 

20 projects and on subsequent claims, if any: Provided fur21 ther, That the Secretary of the Army shall submit a quar22 terly report to the Committees on Appropriations of the 

23 House of Representatives and the Senate detailing the al24 location, obligation and expenditures of these funds, begin25 ning not later than 45 days after enactment of this Act. 


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1 OPERATION AND MAINTENANCE

2 For an additional amount for ‘‘Operation and Main3 tenance’’, $2,225,000,000: Provided, That the Corps of 

4 Engineers is directed to prioritize funding for activities 

5 based on the ability to accelerate existing contracts or fully 

6 fund project elements and contracts for such elements in 

7 a time period of 2 years after the date of enactment of 

8 this Act giving preference to projects and activities that 

9 are labor intensive: Provided further, That funds provided 

10 in this paragraph shall be used for elements of projects, 

11 programs, or activities that can be completed using funds 

12 provided herein: Provided further, That for projects that 

13 are being completed with funds appropriated in this Act 

14 that are otherwise expired or lapsed for obligation, expired 

15 or lapsed funds appropriated in this Act may be used to 

16 pay the cost of associated supervision, inspection, over17 head, engineering and design on those projects and on 

18 subsequent claims, if any: Provided further, That the Sec19 retary of the Army shall submit a quarterly report to the 

20 Committees on Appropriations of the House of Represent21 atives and the Senate detailing the allocation, obligation 

22 and expenditures of these funds, beginning not later than 

23 45 days after enactment of this Act. 


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1 REGULATORY PROGRAM

2 For an additional amount for ‘‘Regulatory Program’’, 

3 $25,000,000. 

4 DEPARTMENT OF THE INTERIOR 

5 BUREAU OF RECLAMATION

6 WATER AND RELATED RESOURCES

7 For an additional amount for ‘‘Water and Related 

8 Resources’’, $500,000,000: Provided, That of the amount 

9 appropriated under this heading, not less than 

10 $126,000,000 shall be used for water reclamation and 

11 reuse projects authorized under title XVI of Public Law 

12 102–575: Provided further, That of the amount appro13 priated under this heading, not less than $80,000,000 

14 shall be used for rural water projects and these funds shall 

15 be expended primarily on water intake and treatment fa16 cilities of such projects: Provided further, That the costs 

17 of reimbursable activities, other than for maintenance and 

18 rehabilitation, carried out with funds made available under 

19 this heading shall be repaid pursuant to existing authori20 ties and agreements: Provided further, That the costs of 

21 maintenance and rehabilitation activities carried out with 

22 funds provided in this Act shall be repaid pursuant to ex23 isting authority, except the length of repayment period 

24 shall be determined on needs-based criteria to be estab25 lished and adopted by the Commissioner of the Bureau 


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1 of Reclamation, but in no case shall the repayment period 

2 exceed 25 years. 

3 DEPARTMENT OF ENERGY 

4 ENERGY PROGRAMS 

5 ENERGY EFFICIENCY AND RENEWABLE ENERGY

6 For an additional amount for ‘‘Energy Efficiency and 

7 Renewable Energy’’, $18,500,000,000, which shall be used 

8 as follows: 

9 (1) $2,000,000,000 shall be for expenses nec10 essary for energy efficiency and renewable energy re11 search, development, demonstration and deployment 

12 activities, to accelerate the development of tech13 nologies, to include advanced batteries, of which not 

14 less than $800,000,000 is for biomass and 

15 $400,000,000 is for geothermal technologies. 

16 (2) $500,000,000 shall be for expenses nec17 essary to implement the programs authorized under 

18 part E of title III of the Energy Policy and Con19 servation Act (42 U.S.C. 6341 et seq.). 

20 (3) $1,000,000,000 shall be for the cost of 

21 grants to institutional entities for energy sustain22 ability and efficiency under section 399A of the En23 ergy Policy and Conservation Act (42 U.S.C. 6371h24 1). 


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1 (4) $6,200,000,000 shall be for the Weatheriza2 tion Assistance Program under part A of title IV of 

3 the Energy Conservation and Production Act (42 

4 U.S.C. 6861 et seq.). 

5 (5) $3,500,000,000 shall be for Energy Effi6 ciency and Conservation Block Grants, for imple7 mentation of programs authorized under subtitle E 

8 of title V of the Energy Independence and Security 

9 Act of 2007 (42 U.S.C. 17151 et seq.). 

10 (6) $3,400,000,000 shall be for the State En11 ergy Program authorized under part D of title III 

12 of the Energy Policy and Conservation Act (42 

13 U.S.C. 6321). 

14 (7) $200,000,000 shall be for expenses nec15 essary to implement the programs authorized under 

16 section 131 of the Energy Independence and Secu17 rity Act of 2007 (42 U.S.C. 17011). 

18 (8) $300,000,000 shall be for expenses nec19 essary to implement the program authorized under 

20 section 124 of the Energy Policy Act of 2005 (42 

21 U.S.C. 15821) and the Energy Star program. 

22 (9) $400,000,000 shall be for expenses nec23 essary to implement the program authorized under 

24 section 721 of the Energy Policy Act of 2005 (42 

25 U.S.C. 16071). 


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1 (10) $1,000,000,000 shall be for expenses nec2 essary for the manufacturing of advanced batteries 

3 authorized under section 136(b)(1)(B) of the Energy 

4 Independence and Security Act of 2007 (42 U.S.C. 

5 17013(b)(1)(B)): 

6 Provided, That notwithstanding section 3304 of title 5, 

7 United States Code, and without regard to the provisions 

8 of sections 3309 through 3318 of such title 5, the Sec9 retary of Energy may, upon a determination that there 

10 is a severe shortage of candidates or a critical hiring need 

11 for particular positions, recruit and directly appoint highly 

12 qualified individuals into the competitive service: Provided 

13 further, That such authority shall not apply to positions 

14 in the Excepted Service or the Senior Executive Service: 

15 Provided further, That any action authorized herein shall 

16 be consistent with the merit principles of section 2301 of 

17 such title 5, and the Department shall comply with the 

18 public notice requirements of section 3327 of such title 

19 5. 

20 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

21 For an additional amount for ‘‘Electricity Delivery 

22 and Energy Reliability,’’ $4,500,000,000: Provided, That 

23 funds shall be available for expenses necessary for elec24 tricity delivery and energy reliability activities to mod25 ernize the electric grid, enhance security and reliability of 


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1 the energy infrastructure, energy storage research, devel2 opment, demonstration and deployment, and facilitate re3 covery from disruptions to the energy supply, and for im4 plementation of programs authorized under title XIII of 

5 the Energy Independence and Security Act of 2007 (42 

6 U.S.C. 17381 et seq.): Provided further, That of such 

7 amounts, $100,000,000 shall be for worker training: Pro8 vided further, That the Secretary of Energy may use or 

9 transfer amounts provided under this heading to carry out 

10 new authority for transmission improvements, if such au11 thority is enacted in any subsequent Act, consistent with 

12 existing fiscal management practices and procedures. 

13 ADVANCED BATTERY LOAN GUARANTEE PROGRAM

14 For the cost of guaranteed loans as authorized by 

15 section 135 of the Energy Independence and Security Act 

16 of 2007 (42 U.S.C. 17012), $1,000,000,000, to remain 

17 available until expended: Provided, That of such amount, 

18 $10,000,000 shall be used for administrative expenses in 

19 carrying out the guaranteed loan program, and shall be 

20 in lieu of the amount set aside under section 1106 of this 

21 Act: Provided further, That the cost of such loans, includ22 ing the cost of modifying such loans, shall be as defined 

23 in section 502 of the Congressional Budget Act of 1974. 


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1 INSTITUTIONAL LOAN GUARANTEE PROGRAM

2 For the cost of guaranteed loans as authorized by 

3 section 399A of the Energy Policy and Conservation Act 

4 (42 U.S.C. 6371h–1), $500,000,000: Provided, That of 

5 such amount, $10,000,000 shall be used for administra6 tive expenses in carrying out the guaranteed loan pro7 gram, and shall be in lieu of the amount set aside under 

8 section 1106 of this Act: Provided further, That the cost 

9 of such loans, including the cost of modifying such loans, 

10 shall be as defined in section 502 of the Congressional 

11 Budget Act of 1974. 

12 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

13 For an additional amount for ‘‘Innovative Technology 

14 Loan Guarantee Program’’ for the cost of guaranteed 

15 loans authorized by section 1705 of the Energy Policy Act 

16 of 2005, $8,000,000,000: Provided, That of such amount, 

17 $25,000,000 shall be used for administrative expenses in 

18 carrying out the guaranteed loan program, and shall be 

19 in lieu of the amount set aside under section 1106 of this 

20 Act: Provided further, That the cost of such loans, includ21 ing the cost of modifying such loans, shall be as defined 

22 in section 502 of the Congressional Budget Act of 1974. 

23 FOSSIL ENERGY

24 For an additional amount for ‘‘Fossil Energy’’, 

25 $2,400,000,000 for necessary expenses to demonstrate 


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1 carbon capture and sequestration technologies as author2 ized under section 702 of the Energy Independence and 

3 Security Act of 2007. 

4 SCIENCE

5 For an additional amount for ‘‘Science’’, 

6 $2,000,000,000: Provided, That of such amounts, not less 

7 than $400,000,000 shall be used for the Advanced Re8 search Projects Agency—Energy authorized under section 

9 5012 of the America COMPETES Act (42 U.S.C. 16538): 

10 Provided further, That of such amounts, not less than 

11 $100,000,000 shall be used for advanced scientific com12 puting. 

13 ENVIRONMENTAL AND OTHER DEFENSE 

14 ACTIVITIES 

15 DEFENSE ENVIRONMENTAL CLEANUP

16 For an additional amount for ‘‘Defense Environ17 mental Cleanup,’’ $500,000,000: Provided, That such 

18 amounts shall be used for elements of projects, programs, 

19 or activities that can be completed using funds provided 

20 herein. 

21 GENERAL PROVISIONS, THIS TITLE 

22 SEC. 5001. TECHNICAL CORRECTIONS TO THE ENERGY 

23 INDEPENDENCE AND SECURITY ACT OF 2007. 

24 (a) Section 543(a) of the Energy Independence and 

25 Security Act of 2007 (42 U.S.C. 17153(a)) is amended— 


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1 (1) by redesignating paragraphs (2) through 

2 (4) as paragraphs (3) through (5), respectively; and 

3 (2) by striking paragraph (1) and inserting the 

4 following: 

5 ‘‘(1) 34 percent to eligible units of local govern6 ment–alternative 1, in accordance with subsection 

7 (b); 

8 ‘‘(2) 34 percent to eligible units of local govern9 ment–alternative 2, in accordance with subsection 

10 (b);’’. 

11 (b) Section 548(a)(1) of the Energy Independence 

12 and Security Act of 2007 (42 U.S.C. 17158(a)(1)) is 

13 amending by striking ‘‘; provided’’ and all that follows 

14 through ‘‘541(3)(B)’’. 

15 SEC. 5002. TECHNICAL CORRECTIONS TO THE ENERGY 

16 INDEPENDENCE AND SECURITY ACT OF 2007. 

17 Title XIII of the Energy Independence and Security 

18 Act of 2007 (42 U.S.C. 17381 and following) is amended 

19 as follows: 

20 (1) By amending subparagraph (A) of section 

21 1304(b)(3) to read as follows: 

22 ‘‘(A) IN GENERAL.—In carrying out the 

23 initiative, the Secretary shall provide financial 

24 support to smart grid demonstration projects 

25 including those in rural areas and areas where 


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1 the majority of generation and transmission as2 sets are controlled by a tax-exempt entity.’’. 

3 (2) By amending subparagraph (C) of section 

4 1304(b)(3) to read as follows: 

5 ‘‘(C) FEDERAL SHARE OF COST OF TECH6 NOLOGY INVESTMENTS.—The Secretary shall 

7 provide to an electric utility described in sub8 paragraph (B) or to other parties financial as9 sistance for use in paying an amount equal to 

10 not more than 50 percent of the cost of quali11 fying advanced grid technology investments 

12 made by the electric utility or other party to 

13 carry out a demonstration project.’’. 

14 (3) By inserting a new subparagraph (E) after 

15 section 1304(b)(3)(D) as follows: 

16 ‘‘(E) AVAILABILITY OF DATA.—The Sec17 retary shall establish and maintain a smart grid 

18 information clearinghouse in a timely manner 

19 which will make data from smart grid dem20 onstration projects and other sources available 

21 to the public. As a condition of receiving finan22 cial assistance under this subsection, a utility or 

23 other participant in a smart grid demonstration 

24 project shall provide such information as the 

25 Secretary may require to become available 


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1 through the smart grid information clearing2 house in the form and within the timeframes as 

3 directed by the Secretary. The Secretary shall 

4 assure that business proprietary information 

5 and individual customer information is not in6 cluded in the information made available 

7 through the clearinghouse.’’. 

8 (4) By amending paragraph (2) of section 

9 1304(c) to read as follows: 

10 ‘‘(2) to carry out subsection (b), such sums as 

11 may be necessary.’’. 

12 (5) By amending subsection (a) of section 1306 

13 by striking ‘‘reimbursement of one-fifth (20 per14 cent)’’ and inserting ‘‘grants of up to one-half (50 

15 percent)’’. 

16 (6) By striking the last sentence of subsection 

17 (b)(9) of section 1306. 

18 (7) By striking ‘‘are eligible for’’ in subsection 

19 (c)(1) of section 1306 and inserting ‘‘utilize’’. 

20 (8) By amending subsection (e) of section 1306 

21 to read as follows: 

22 ‘‘(e) PROCEDURES AND RULES.—The Secretary 

23 shall— 

24 ‘‘(1) establish within 60 days after the enact25 ment of the American Recovery and Reinvestment 


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1 Act of 2009 procedures by which applicants can ob2 tain grants of not more than one-half of their docu3 mented costs; 

4 ‘‘(2) establish procedures to ensure that there is 

5 no duplication or multiple payment for the same in6 vestment or costs, that the grant goes to the party 

7 making the actual expenditures for qualifying smart 

8 grid investments, and that the grants made have sig9 nificant effect in encouraging and facilitating the de10 velopment of a smart grid; 

11 ‘‘(3) maintain public records of grants made, 

12 recipients, and qualifying smart grid investments 

13 which have received grants; 

14 ‘‘(4) establish procedures to provide advance 

15 payment of moneys up to the full amount of the 

16 grant award; and 

17 ‘‘(5) have and exercise the discretion to deny 

18 grants for investments that do not qualify in the 

19 reasonable judgment of the Secretary.’’. 

20 SEC. 5003. RENEWABLE ENERGY AND ELECTRIC POWER 

21 TRANSMISSION LOAN GUARANTEE PRO22 GRAMS. 

23 (a) AMENDMENT.—Title XVII of the Energy Policy 

24 Act of 2005 (42 U.S.C. 16511 et seq.) is amended by add25 ing the following at the end: 


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1 ‘‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOY2 MENT OF RENEWABLE ENERGY AND ELEC3 TRIC POWER TRANSMISSION PROJECTS. 

4 ‘‘(a) IN GENERAL.—Notwithstanding section 1703, 

5 the Secretary may make guarantees under this section 

6 only for commercial technology projects under subsection 

7 (b) that will commence construction not later than Sep8 tember 30, 2011. 

9 ‘‘(b) CATEGORIES.—Projects from only the following 

10 categories shall be eligible for support under this section: 

11 ‘‘(1) Renewable energy systems. 

12 ‘‘(2) Electric power transmission systems. 

13 ‘‘(c) WAGE RATE REQUIREMENTS.—The Secretary 

14 shall require that each recipient of support under this sec15 tion provide reasonable assurance that all laborers and 

16 mechanics employed in the performance of the project for 

17 which the assistance is provided, including those employed 

18 by contractors or subcontractors, will be paid wages at 

19 rates not less than those prevailing on similar work in the 

20 locality as determined by the Secretary of Labor in accord21 ance with subchapter IV of chapter 31 of part A of subtitle 

22 II of title 40, United States Code (commonly referred to 

23 as the ‘Davis-Bacon Act’). 

24 ‘‘(d) SUNSET.—The authority to enter into guaran25 tees under this section shall expire on September 30, 

26 2011.’’. 


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1 (b) TABLE OF CONTENTS AMENDMENT.—The table 

2 of contents for the Energy Policy Act of 2005 is amended 

3 by inserting after the item relating to section 1704 the 

4 following new item: 

‘‘Sec. 1705. Temporary program for rapid deployment of renewable energy and 

electric power transmission projects.’’. 

5 SEC. 5004. WESTERN AREA POWER ADMINISTRATION BOR6 ROWING AUTHORITY. 

7 The Hoover Power Plant Act of 1984 (Public Law 

8 98-381) is amended by adding at the end the following: 

9 ‘‘TITLE III—BORROWING 

10 AUTHORITY 

11 ‘‘SEC. 301. WESTERN AREA POWER ADMINISTRATION BOR12 ROWING AUTHORITY. 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis15 trator’ means the Administrator of the Western 

16 Area Power Administration. 

17 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

18 the Secretary of the Treasury. 

19 ‘‘(b) AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of law, subject to paragraphs (2) through 

22 (5)— 

23 ‘‘(A) the Western Area Power Administra24 tion may borrow funds from the Treasury; and 


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1 ‘‘(B) the Secretary shall, without further 

2 appropriation and without fiscal year limitation, 

3 loan to the Western Area Power Administra4 tion, on such terms as may be fixed by the Ad5 ministrator and the Secretary, such sums (not 

6 to exceed, in the aggregate (including deferred 

7 interest), $3,250,000,000 in outstanding repay8 able balances at any 1 time) as, in the judg9 ment of the Administrator, are from time to 

10 time required for the purpose of— 

11 ‘‘(i) constructing, financing, facili12 tating, or studying construction of new or 

13 upgraded electric power transmission lines 

14 and related facilities with at least 1 ter15 minus within the area served by the West16 ern Area Power Administration; and 

17 ‘‘(ii) delivering or facilitating the de18 livery of power generated by renewable en19 ergy resources constructed or reasonably 

20 expected to be constructed after the date 

21 of enactment of this section. 

22 ‘‘(2) INTEREST.—The rate of interest to be 

23 charged in connection with any loan made pursuant 

24 to this subsection shall be fixed by the Secretary, 

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1 standing marketable obligations of the United States 

2 of comparable maturities as of the date of the loan. 

3 ‘‘(3) REFINANCING.—The Western Area Power 

4 Administration may refinance loans taken pursuant 

5 to this section within the Treasury. 

6 ‘‘(4) PARTICIPATION.—The Administrator may 

7 permit other entities to participate in projects fi8 nanced under this section. 

9 ‘‘(5) CONGRESSIONAL REVIEW OF DISBURSE10 MENT.—Effective upon the date of enactment of this 

11 section, the Administrator shall have the authority 

12 to have utilized $1,750,000,000 at any one time. If 

13 the Administrator seeks to borrow funds above 

14 $1,750,000,000, the funds will be disbursed unless 

15 there is enacted, within 90 calendar days of the first 

16 such request, a joint resolution that rescinds the re17 mainder of the balance of the borrowing authority 

18 provided in this section. 

19 ‘‘(c) TRANSMISSION LINE AND RELATED FACILITY

20 PROJECTS.— 

21 ‘‘(1) IN GENERAL.—For repayment purposes, 

22 each transmission line and related facility project in 

23 which the Western Area Power Administration par24 ticipates pursuant to this section shall be treated as 

25 separate and distinct from— 


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1 ‘‘(A) each other such project; and 

2 ‘‘(B) all other Western Area Power Admin3 istration power and transmission facilities. 

4 ‘‘(2) PROCEEDS.—The Western Area Power 

5 Administration shall apply the proceeds from the use 

6 of the transmission capacity from an individual 

7 project under this section to the repayment of the 

8 principal and interest of the loan from the Treasury 

9 attributable to that project, after reserving such 

10 funds as the Western Area Power Administration 

11 determines are necessary— 

12 ‘‘(A) to pay for any ancillary services that 

13 are provided; and 

14 ‘‘(B) to meet the costs of operating and 

15 maintaining the new project from which the 

16 revenues are derived. 

17 ‘‘(3) SOURCE OF REVENUE.—Revenue from the 

18 use of projects under this section shall be the only 

19 source of revenue for— 

20 ‘‘(A) repayment of the associated loan for 

21 the project; and 

22 ‘‘(B) payment of expenses for ancillary 

23 services and operation and maintenance. 

24 ‘‘(4) LIMITATION ON AUTHORITY.—Nothing in 

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1 tion to provide ancillary services to users of trans2 mission facilities developed under this section. 

3 ‘‘(d) CERTIFICATION.— 

4 ‘‘(1) IN GENERAL.—For each project in which 

5 the Western Area Power Administration participates 

6 pursuant to this section, the Administrator shall cer7 tify, prior to committing funds for any such project, 

8 that— 

9 ‘‘(A) the project is in the public interest; 

10 ‘‘(B) the project will not adversely impact 

11 system reliability or operations, or other statu12 tory obligations; and 

13 ‘‘(C) it is reasonable to expect that the 

14 proceeds from the project shall be adequate to 

15 make repayment of the loan. 

16 ‘‘(2) FORGIVENESS OF BALANCES.— 

17 ‘‘(A) IN GENERAL.—If, at the end of the 

18 useful life of a project, there is a remaining bal19 ance owed to the Treasury under this section, 

20 the balance shall be forgiven. 

21 ‘‘(B) UNCONSTRUCTED PROJECTS.—Funds 

22 expended to study projects that are considered 

23 pursuant to this section but that are not con24 structed shall be forgiven. 


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1 ‘‘(C) NOTIFICATION.—The Administrator 

2 shall notify the Secretary of such amounts as 

3 are to be forgiven under this paragraph. 

4 ‘‘(e) PUBLIC PROCESSES.— 

5 ‘‘(1) POLICIES AND PRACTICES.—Prior to re6 questing any loans under this section, the Adminis7 trator shall use a public process to develop practices 

8 and policies that implement the authority granted by 

9 this section. 

10 ‘‘(2) REQUESTS FOR INTERESTS.—In the 

11 course of selecting potential projects to be funded 

12 under this section, the Administrator shall seek re13 quests for interest from entities interested in identi14 fying potential projects through one or more notices 

15 published in the Federal Register.’’. 

16 SEC. 5005. WEATHERIZATION PROGRAM AMENDMENTS. 

17 (a) INCOME LEVEL.—Section 412(7) of the Energy 

18 Conservation and Production Act (42 U.S.C. 6862(7)) is 

19 amended by striking ‘‘150 percent’’ both places it appears 

20 and inserting ‘‘200 percent’’. 

21 (b) ASSISTANCE LEVEL PER DWELLING UNIT.— 

22 Section 415(c)(1) of the Energy Conservation and Produc23 tion Act (42 U.S.C. 6865(c)(1)) is amended by striking 

24 ‘‘$2,500’’ and inserting ‘‘$5,000’’. 


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1 SEC. 5006. BONNEVILLE POWER ADMINISTRATION. 

2 For the purposes of providing funds to assist in fi3 nancing the construction, acquisition, and replacement of 

4 the transmission system of the Bonneville Power Adminis5 tration and to implement the authority of the Adminis6 trator under the Pacific Northwest Electric Power Plan7 ning and Conservation Act (16 U.S.C. 839 et seq.), an 

8 additional $3,250,000,000 in borrowing authority is made 

9 available under the Federal Columbia River Transmission 

10 System Act (16 U.S.C. 838 et seq.), to remain outstanding 

11 at any time. 

12 SEC. 5007. RENEWABLE ELECTRICITY TRANSMISSION 

13 STUDY. 

14 In completing the 2009 National Electric Trans15 mission Congestion Study, the Secretary of Energy shall 

16 include— 

17 (1) an analysis of the significant potential 

18 sources of renewable energy that are constrained in 

19 accessing appropriate market areas by lack of ade20 quate transmission capacity; 

21 (2) an analysis of the reasons for failure to de22 velop the adequate transmission capacity; and 

23 (3) recommendations for achieving adequate 

24 transmission capacity. 


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1 SEC. 5008. APPROPRIATIONS TRANSFER AUTHORITY. 

2 Not to exceed 20 percent of the amounts made avail3 able in this Act to the Department of Energy for ‘‘Energy 

4 Efficiency and Renewable Energy’’, ‘‘Electricity Delivery 

5 and Energy Reliability’’, and ‘‘Advanced Battery Loan 

6 Guarantee Program’’ may be transferred within and be7 tween such accounts, except that no amount specified 

8 under any such heading may be increased or decreased 

9 by more than a total of 20 percent by such transfers, and 

10 notification of such transfers shall be submitted promptly 

11 to the Committees on Appropriations of the House of Rep12 resentatives and the Senate. 

13 TITLE VI—FINANCIAL SERVICES 

14 AND GENERAL GOVERNMENT 

15 Subtitle A—General Services 

16 GENERAL SERVICES ADMINISTRATION

17 FEDERAL BUILDINGS FUND

18 LIMITATIONS ON AVAILABILITY OF REVENUE

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount to be deposited in the Fed21 eral Buildings Fund, $7,700,000,000 for real property ac22 tivities with priority given to activities that can commence 

23 promptly following enactment of this Act; of which up to 

24 $1,000,000,000 shall be used for construction, repair, and 

25 alteration of border facilities and land ports of entry; of 

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1 struction, repair, and alteration of Federal buildings for 

2 projects that will create the greatest impact on energy effi3 ciency and conservation; of which $108,000,000 shall re4 main available until September 30, 2012, and shall be 

5 used for rental of space costs associated with the construc6 tion, repair, and alteration of these projects; Provided, 

7 That of the amounts provided, $160,000,000 shall remain 

8 available until September 30, 2012, and shall be for build9 ing operations in support of the activities described in this 

10 paragraph: Provided further, That the preceding proviso 

11 shall apply to this appropriation in lieu of the provisions 

12 of section 1106 of this Act: Provided further, That the Ad13 ministrator of General Services is authorized to initiate 

14 design, construction, repair, alteration, leasing, and other 

15 projects through existing authorities of the Administrator: 

16 Provided further, That the Administrator shall submit a 

17 detailed plan, by project, regarding the use of funds to 

18 the Committees on Appropriations of the House of Rep19 resentatives and the Senate within 30 days after enact20 ment of this Act, and shall provide notification to the 

21 Committees within 15 days prior to any changes regarding 

22 the use of these funds: Provided further, That the Admin23 istrator shall report to the Committees on the obligation 

24 of these funds on a quarterly basis beginning on June 30, 

25 2009: Provided further, That of the amounts provided, 


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1 $4,000,000 shall be transferred to and merged with ‘‘Gov2 ernment-Wide Policy’’, for the Office of Federal High-Per3 formance Green Buildings as authorized in the Energy 

4 Independence and Security Act of 2007 (Public Law 110– 

5 140). 

6 ENERGY EFFICIENT FEDERAL MOTOR VEHICLE FLEET

7 PROCUREMENT

8 For capital expenditures and necessary expenses of 

9 the General Services Administration’s Motor Vehicle Ac10 quisition and Motor Vehicle Leasing programs for the ac11 quisition of motor vehicles, including plug-in and alter12 native fuel vehicles, $600,000,000: Provided, That the 

13 amount set aside from this appropriation pursuant to sec14 tion 1106 of this Act shall be 1 percent instead of the 

15 percentage specified in such section: Provided further, 

16 That none of these funds may be obligated until the Ad17 ministrator of General Services submits to the Committees 

18 on Appropriations of the House of Representatives and the 

19 Senate, within 90 days after enactment of this Act, a plan 

20 for expenditure of the funds that details the current inven21 tory of the Federal fleet owned by the General Services 

22 Administration, as well as other Federal agencies, and the 

23 strategy to expend these funds to replace a portion of the 

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1 ing fuel efficiency and reducing emissions: Provided fur2 ther, That the Administrator shall report to the Commit3 tees on the obligation of these funds on a quarterly basis 

4 beginning on June 30, 2009. 

5 Subtitle B—Small Business 

6 SMALL BUSINESS ADMINISTRATION

7 BUSINESS LOANS PROGRAM ACCOUNT

8 (INCLUDING TRANSFERS OF FUNDS)

9 For the cost of direct loans and loan guarantees au10 thorized by sections 6202 through 6205 of this Act, 

11 $426,000,000: Provided, That such cost, including the 

12 cost of modifying such loans, shall be as defined in section 

13 502 of the Congressional Budget Act of 1974. In addition, 

14 for administrative expenses to carry out the direct loan 

15 and loan guarantee programs authorized by this Act, 

16 $4,000,000, which may be transferred to and merged with 

17 the appropriations for Salaries and Expenses: Provided, 

18 That this sentence shall apply to this appropriation in lieu 

19 of the provisions of section 1106 of this Act. 

20 GENERAL PROVISIONS, THIS SUBTITLE 

21 SEC. 6201. ECONOMIC STIMULUS LENDING PROGRAM FOR 

22 SMALL BUSINESSES. 

23 (a) PURPOSE.—The purpose of this section is to per24 mit the Small Business Administration to guarantee up 


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1 to 95 percent of qualifying small business loans made by 

2 eligible lenders. 

3 (b) DEFINITIONS.—For purposes of this section: 

4 (1) The term ‘‘Administrator’’ means the Ad5 ministrator of the Small Business Administration. 

6 (2) The term ‘‘qualifying small business loan’’ 

7 means any loan to a small business concern that 

8 would be eligible for a loan guarantee under section 

9 7(a) of the Small Business Act (15 U.S.C. 636) or 

10 title V of the Small Business Investment Act of 

11 1958 (15 U.S.C. 695 and following). 

12 (3) The term ‘‘small business concern’’ has the 

13 same meaning as provided by section 3 of the Small 

14 Business Act (15 U.S.C. 632). 

15 (c) APPLICATION.—In order to participate in the loan 

16 guarantee program under this section a lender shall sub17 mit an application to the Administrator for the guarantee 

18 of up to 95 percent of the principal amount of a qualifying 

19 small business loan. The Administrator shall approve or 

20 deny each such application within 5 business days after 

21 receipt thereof. The Administrator may not delegate to 

22 lenders the authority to approve or disapprove such appli23 cations. 

24 (d) FEES.—The Administrator may charge fees for 

25 guarantees issued under this section. Such fees shall not 


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1 exceed the fees permitted for loan guarantees under sec2 tion 7(a) of the Small Business Act (15 U.S.C. 631 and 

3 following). 

4 (e) INTEREST RATES.—The Administrator may not 

5 guarantee under this section any loan that bears interest 

6 at a rate higher than 3 percent above the higher of either 

7 of the following as quoted in the Wall Street Journal on 

8 the first business day of the week in which such guarantee 

9 is issued: 

10 (1) The London interbank offered rate 

11 (LIBOR) for a 3-month period. 

12 (2) The Prime Rate. 

13 (f) QUALIFIED BORROWERS.— 

14 (1) ALIENS UNLAWFULLY PRESENT IN THE

15 UNITED STATES.—A loan guarantee may not be 

16 made under this section for a loan made to a con17 cern if an individual who is an alien unlawfully 

18 present in the United States— 

19 (A) has an ownership interest in that con20 cern; or 

21 (B) has an ownership interest in another 

22 concern that itself has an ownership interest in 

23 that concern. 

24 (2) FIRMS IN VIOLATION OF IMMIGRATION

25 LAWS.—No loan guarantee may be made under this 


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1 section for a loan to any entity found, based on a 

2 determination by the Secretary of Homeland Secu3 rity or the Attorney General to have engaged in a 

4 pattern or practice of hiring, recruiting or referring 

5 for a fee, for employment in the United States an 

6 alien knowing the person is an unauthorized alien. 

7 (g) CRIMINAL BACKGROUND CHECKS.—Prior to the 

8 approval of any loan guarantee under this section, the Ad9 ministrator may verify the applicant’s criminal back10 ground, or lack thereof, through the best available means, 

11 including, if possible, use of the National Crime Informa12 tion Center computer system at the Federal Bureau of In13 vestigation. 

14 (h) APPLICATION OF OTHER LAW.—Nothing in this 

15 section shall be construed to exempt any activity of the 

16 Administrator under this section from the Federal Credit 

17 Reform Act of 1990 (title V of the Congressional Budget 

18 and Impoundment Control Act of 1974; 2 U.S.C. 661 and 

19 following). 

20 (i) SUNSET.—Loan guarantees may not be issued 

21 under this section after the date 90 days after the date 

22 of establishment (as determined by the Administrator) of 

23 the economic recovery program under section 6204. 

24 (j) SMALL BUSINESS ACT PROVISIONS.—The provi25 sions of the Small Business Act applicable to loan guaranVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 tees under section 7 of that Act shall apply to loan guaran2 tees under this section except as otherwise provided in this 

3 section. 

4 (k) AUTHORIZATION.—There are authorized to be ap5 propriated such sums as may be necessary to carry out 

6 this section. 

7 SEC. 6202. ESTABLISHMENT OF SBA SECONDARY MARKET 

8 LENDING AUTHORITY. 

9 (a) PURPOSE.—The purpose of this section is to pro10 vide the Small Business Administration with the authority 

11 to establish a Secondary Market Lending Authority within 

12 the SBA to make loans to the systemically important SBA 

13 secondary market broker-dealers who operate the SBA 

14 secondary market. 

15 (b) DEFINITIONS.—For purposes of this section: 

16 (1) The term ‘‘Administrator’’ means the Ad17 ministrator of the SBA. 

18 (2) The term ‘‘SBA’’ means the Small Business 

19 Administration. 

20 (3) The terms ‘‘Secondary Market Lending Au21 thority’’ and ‘‘Authority’’ mean the office established 

22 under subsection (c). 

23 (4) The term ‘‘SBA secondary market’’ means 

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1 nated, underwritten, and closed under the Small 

2 Business Act. 

3 (5) The term ‘‘Systemically Important Sec4 ondary Market Broker-Dealers’’ mean those entities 

5 designated under subsection (c)(1) as vital to the 

6 continued operation of the SBA secondary market 

7 by reason of their purchase and sale of the govern8 ment guaranteed portion of loans, or pools of loans, 

9 originated, underwritten, and closed under the Small 

10 Business Act. 

11 (c) RESPONSIBILITIES, AUTHORITIES, ORGANIZA12 TION, AND LIMITATIONS.— 

13 (1) DESIGNATION OF SYSTEMICALLY IMPOR14 TANT SBA SECONDARY MARKET BROKER-DEAL15 ERS.—The Administrator shall establish a process to 

16 designate, in consultation with the Board of Gov17 ernors of the Federal Reserve and the Secretary of 

18 the Treasury, Systemically Important Secondary 

19 Market Broker-Dealers. 

20 (2) ESTABLISHMENT OF SBA SECONDARY MAR21 KET LENDING AUTHORITY.— 

22 (A) ORGANIZATION.— 

23 (i) The Administrator shall establish 

24 within the SBA an office to provide loans 

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1 ket Broker-dealers to be used for the pur2 pose of financing the inventory of the gov3 ernment guaranteed portion of loans, origi4 nated, underwritten, and closed under the 

5 Small Business Act or pools of such loans. 

6 (ii) The Administrator shall appoint a 

7 Director of the Authority who shall report 

8 to the Administrator. 

9 (iii) The Administrator is authorized 

10 to hire such personnel as are necessary to 

11 operate the Authority. 

12 (iv) The Administrator may contract 

13 such Authority operations as he determines 

14 necessary to qualified third-party compa15 nies or individuals. 

16 (v) The Administrator is authorized to 

17 contract with private sector fiduciary and 

18 custodial agents as necessary to operate 

19 the Authority. 

20 (B) LOANS.— 

21 (i) The Administrator shall establish 

22 by rule a process under which Systemically 

23 Important SBA Secondary Market Broker24 Dealers designated under paragraph (1) 


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1 may apply to the Administrator for loans 

2 under this section. 

3 (ii) The rule under clause (i) shall 

4 provide a process for the Administrator to 

5 consider and make decisions regarding 

6 whether or not to extend a loan applied for 

7 under this section. Such rule shall include 

8 provisions to assure each of the following: 

9 (I) That loans made under this 

10 section are for the sole purpose of fi11 nancing the inventory of the govern12 ment guaranteed portion of loans, 

13 originated, underwritten, and closed 

14 under the Small Business Act or pools 

15 of such loans. 

16 (II) That loans made under this 

17 section are fully collateralized to the 

18 satisfaction of the Administrator. 

19 (III) That there is no limit to the 

20 frequency in which a borrower may 

21 borrow under this section unless the 

22 Administrator determines that doing 

23 so would create an undue risk of loss 

24 to the agency or the United States. 


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1 (IV) That there is no limit on the 

2 size of a loan, subject to the discretion 

3 of the Administrator. 

4 (iii) Interest on loans under this sec5 tion shall not exceed the Federal Funds 

6 target rate as established by the Federal 

7 Reserve Board of Governors plus 25 basis 

8 points. 

9 (iv) The rule under this section shall 

10 provide for such loan documents, legal cov11 enants, collateral requirements and other 

12 required documentation as necessary to 

13 protect the interests of the agency, the 

14 United States, and the taxpayer. 

15 (v) The Administrator shall establish 

16 custodial accounts to safeguard any collat17 eral pledged to the SBA in connection with 

18 a loan under this section. 

19 (vi) The Administrator shall establish 

20 a process to disburse and receive funds to 

21 and from borrowers under this section. 

22 (C) LIMITATIONS ON USE OF LOAN PRO23 CEEDS BY SYSTEMICALLY IMPORTANT SEC24 ONDARY MARKET BROKER-DEALERS.—The Ad25 ministrator shall ensure that borrowers under 


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1 this section are using funds provided under this 

2 section only for the purpose specified in sub3 paragraph (B)(ii)(I). If the Administrator finds 

4 that such funds were used for any other pur5 pose, the Administrator shall— 

6 (i) require immediate repayment of 

7 outstanding loans; 

8 (ii) prohibit the borrower, its affili9 ates, or any future corporate manifestation 

10 of the borrower from using the Authority; 

11 and 

12 (iii) take any other actions the Ad13 ministrator, in consultation with the Attor14 ney General of the United States, deems 

15 appropriate. 

16 (d) REPORT TO CONGRESS.—The Administrator shall 

17 submit a report to Congress not later than the third busi18 ness day of each month containing a statement of each 

19 of the following: 

20 (1) The aggregate loan amounts extended dur21 ing the preceding month under this section. 

22 (2) The aggregate loan amounts repaid under 

23 this section during the proceeding month. 

24 (3) The aggregate loan amount outstanding 

25 under this section. 


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1 (4) The aggregate value of assets held as collat2 eral under this section; 

3 (5) The amount of any defaults or delinquencies 

4 on loans made under this section. 

5 (6) The identity of any borrower found by the 

6 Administrator to misuse funds made available under 

7 this section. 

8 (7) Any other information the Administrator 

9 deems necessary to fully inform Congress of undue 

10 risk of financial loss to the United States in connec11 tion with loans made under this section. 

12 (e) DURATION.—The authority of this section shall 

13 remain in effect for a period of 2 years after the date of 

14 enactment of this section. 

15 (f) FUNDING.—Such sums as necessary are author16 ized to be appropriated to carry out the provisions of this 

17 section. 

18 (g) BUDGET TREATMENT.—Nothing in this section 

19 shall be construed to exempt any activity of the Adminis20 trator under this section from the Federal Credit Reform 

21 Act of 1990 (title V of the Congressional Budget and Im22 poundment Control Act of 1974; 2 U.S.C. 661 and fol23 lowing). 

24 (h) EMERGENCY RULEMAKING AUTHORITY.—The 

25 Administrator shall promulgate regulations under this secVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 tion within 15 days after the date of enactment of enact2 ment of this section. In promulgating these regulations, 

3 the Administrator the notice requirements of section 

4 553(b) of title 5 of the United States Code shall not apply. 

5 SEC. 6203. ESTABLISHMENT OF SBA SECONDARY MARKET 

6 GUARANTEE AUTHORITY. 

7 (a) PURPOSE.—The purpose of this section is to pro8 vide the Administrator with the authority to establish the 

9 SBA Secondary Market Guarantee Authority within the 

10 SBA to provide a Federal guarantee for pools of first lien 

11 504 loans that are to be sold to third-party investors. 

12 (b) DEFINITIONS.—For purposes of this section: 

13 (1) The term ‘‘Administrator’’ means the Ad14 ministrator of the Small Business Administration. 

15 (2) The term ‘‘first lien position 504 loan’’ 

16 means the first mortgage position, non-federally 

17 guaranteed loans made by private sector lenders 

18 made under title V of the Small Business Invest19 ment Act. 

20 (c) ESTABLISHMENT OF AUTHORITY.— 

21 (1) ORGANIZATION.— 

22 (A) The Administrator shall establish a 

23 Secondary Market Guarantee Authority within 

24 the Small Business Administration. 


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1 (B) The Administrator shall appoint a Di2 rector of the Authority who shall report to the 

3 Administrator. 

4 (C) The Administrator is authorized to 

5 hire such personnel as are necessary to operate 

6 the Authority and may contract such operations 

7 of the Authority as necessary to qualified third8 party companies or individuals. 

9 (D) The Administrator is authorized to 

10 contract with private sector fiduciary and custo11 dial agents as necessary to operate the Author12 ity. 

13 (2) GUARANTEE PROCESS.— 

14 (A) The Administrator shall establish, by 

15 rule, a process in which private sector entities 

16 may apply to the Administration for a Federal 

17 guarantee on pools of first lien position 504 

18 loans that are to be sold to third-party inves19 tors. 

20 (B) The Administrator shall appoint a Di21 rector of the Authority who shall report to the 

22 Administrator. 

23 (C) The Administrator is authorized to 

24 hire such personnel as are necessary to operate 

25 the Authority and may contract such operations 


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1 of the Authority as necessary to qualified third2 party companies or individuals. 

3 (D) The Administrator is authorized to 

4 contract with private sector fiduciary and custo5 dial agents as necessary to operate the Author6 ity. 

7 (3) RESPONSIBILITIES.— 

8 (A) The Administrator shall establish, by 

9 rule, a process in which private sector entities 

10 may apply to the SBA for a Federal guarantee 

11 on pools of first lien position 504 loans that are 

12 to be sold to third-party investors. 

13 (B) The rule under this section shall pro14 vide for a process for the Administrator to con15 sider and make decisions regarding whether to 

16 extend a Federal guarantee referred to in 

17 clause (i). Such rule shall also provide that: 

18 (i) The seller of the pools purchasing 

19 a guarantee under this section retains not 

20 less than 5 percent of the dollar amount of 

21 the pools to be sold to third-party inves22 tors. 

23 (ii) The seller of such pools shall ab24 sorb any and all losses resulting from a 

25 shortage or excess of monthly cash flows. 


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1 (iii) The Administrator shall receive a 

2 monthly fee of not more than 50 basis 

3 points on the outstanding balance of the 

4 dollar amount of the pools that are guar5 anteed. 

6 (iv) The Administrator may guarantee 

7 not more than $3,000,000,0000 of pools 

8 under this authority. 

9 (C) The Administrator shall establish doc10 uments, legal covenants, and other required 

11 documentation to protect the interests of the 

12 United States. 

13 (D) The Administrator shall establish a 

14 process to receive and disburse funds to entities 

15 under the authority established in this section. 

16 (d) LIMITATIONS.— 

17 (1) The Administrator shall ensure that entities 

18 purchasing a guarantee under this section are using 

19 such guarantee for the purpose of selling 504 first 

20 lien position pools to third-party investors. 

21 (2) If the Administrator finds that any such 

22 guarantee was used for a purpose other than that 

23 specified in paragraph (1), the Administrator shall— 

24 (A) terminate such guarantee immediately, 


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1 (B) prohibit the purchaser of the guar2 antee or its affiliates (within the meaning of the 

3 regulations under 13 CFR 121.103) from using 

4 the authority of this section in the future; and 

5 (C) take any other actions the Adminis6 trator, in consultation with the Attorney Gen7 eral of the United States deems appropriate. 

8 (e) OVERSIGHT.—The Administrator shall submit a 

9 report to Congress not later than the third business day 

10 of each month setting forth each of the following: 

11 (1) The aggregate amount of guarantees ex12 tended under this section during the proceeding 

13 month. 

14 (2) The aggregate amount of guarantees out15 standing. 

16 (3) Defaults and payments on defaults made 

17 under this section. 

18 (4) The identity of each purchaser of a guar19 antee found by the Administrator to have misused 

20 guarantees under this section. 

21 (5) Any other information the Administrator 

22 deems necessary to fully inform Congress of undue 

23 risk to the United States associated with the 

24 issuance of guarantees under this section. 


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1 (f) DURATION OF PROGRAM.—The authority of this 

2 section shall terminate on the date 2 years after the date 

3 of enactment of this section. 

4 (g) FUNDING.—Such sums as necessary are author5 ized to be appropriated to carry out the provisions of this 

6 section. 

7 (h) BUDGET TREATMENT.—Nothing in this section 

8 shall be construed to exempt any activity of the Adminis9 trator under this section from the Federal Credit Reform 

10 Act of 1990 (title V of the Congressional Budget and Im11 poundment Control Act of 1974; 2 U.S.C. 661 and fol12 lowing). 

13 (i) EMERGENCY RULEMAKING AUTHORITY.—The 

14 Administrator shall issue regulations under this section 

15 within 15 days after the date of enactment of this section. 

16 The notice requirements of section 553(b) of Title 5, 

17 United States Code shall not apply to the promulgation 

18 of such regulations. 

19 SEC. 6204. ECONOMIC RECOVERY PROGRAM. 

20 (a) PURPOSE.—The purpose of this section is to es21 tablish a new lending and refinancing authority within the 

22 Small Business Administration. 

23 (b) DEFINITIONS.—For purposes of this section: 

24 (1) The term ‘‘Administrator’’ means the Ad25 ministrator of the Small Business Administration. 


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1 (2) The term ‘‘small business concern’’ has the 

2 same meaning as provided by section 3 of the Small 

3 Business Act (15 U.S.C. 632). 

4 (c) REFINANCING AUTHORITY.— 

5 (1) IN GENERAL.—Upon application from a 

6 lender (and with consent of the borrower), the Ad7 ministrator may refinance existing non-Small Busi8 ness Administration or Small Business Administra9 tion loans (including loans under sections 7(a) and 

10 504 of the Small Business Act) made to small busi11 ness concerns. 

12 (2) ELIGIBLE LOANS.—In order to be eligible 

13 for refinancing under this section— 

14 (A) the amount of the loan refinanced may 

15 not exceed $10,000,000 and a first lien must be 

16 conveyed to the Administrator; 

17 (B) the lender shall offer to accept from 

18 the Administrator as full repayment of the loan 

19 an amount equal to less than 100 percent but 

20 more than 85 percent of the remaining balance 

21 of the principal of the loan; and 

22 (C) the loan to be refinanced was made be23 fore the date of enactment of this Act and for 

24 a purpose that would have been eligible for a 


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1 loan under any Small Business Administration 

2 lending program. 

3 (3) TERMS.—The term of the refinancing by 

4 the Administrator under this section shall not be 

5 less than remaining term on the loan that is refi6 nanced but shall not exceed a term of 20 years. The 

7 rate of interest on the loan refinanced under this 

8 section shall be fixed by the Administrator at a level 

9 that the Administrator determines will result in 

10 manageable monthly payments for the borrower. 

11 (4) LIMIT.—The Administrator may not refi12 nance amounts under this section that are greater 

13 than the amount the lender agrees to accept from 

14 the Administrator as full repayment of the loan as 

15 provided in paragraph (2)(B). 

16 (d) UNDERWRITING AND OTHER LOAN SERVICES.— 

17 (1) IN GENERAL.—The Administrator is au18 thorized to engage in underwriting, loan closing, 

19 funding, and servicing of loans made to small busi20 ness concerns and to guarantee loans made by other 

21 entities to small business concerns. 

22 (2) APPLICATION PROCESS.—The Adminis23 trator shall by rule establish a process in which 

24 small business concerns may submit applications to 

25 the Administrator for the purposes of securing a 


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1 loan under this subsection. The Administrator shall, 

2 at a minimum, collect all information necessary to 

3 determine the creditworthiness and repayment abil4 ity of the borrower. 

5 (3) PARTICIPATION OF LENDERS.— 

6 (A) The Administrator shall by rule estab7 lish a process in which the Administrator makes 

8 available loan applications and all accom9 panying information to lenders for the purpose 

10 of such lenders originating, underwriting, clos11 ing, and servicing such loans. 

12 (B) Lenders are eligible to receive loan ap13 plications and accompanying information under 

14 this paragraph if they participate in the pro15 grams established in section 7(a) of the Small 

16 Business Act (15 U.S.C. 636) or title V of the 

17 Small Business Investment Act (15 U.S.C. 

18 695). 

19 (C) The Administrator shall first make 

20 available such loan applications and accom21 panying information to lenders within 100 miles 

22 of a loan applicant’s principal office. 

23 (D) If a lender described in subparagraph 

24 (C) does not agree to originate, underwrite, 

25 close, and service such loans within 5 business 


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1 days of receiving the loan applications, the Ad2 ministrator shall subsequently make available 

3 such loan applications and accompanying infor4 mation to lenders in the Preferred Lenders Pro5 gram under section 7(a)(2)(C)(ii) of the Small 

6 Business Act (15 U.S.C. 636). 

7 (E) If a lender described in subparagraph 

8 (C) or (D) does not agree to originate, under9 write, close, and service such loans within 10 

10 business days of receiving the loan applications, 

11 the Administrator may originate, underwrite, 

12 close, and service such loans as described in 

13 paragraph (1) of this subsection. 

14 (4) ASSET SALES.—The Administrator shall 

15 offer to sell loans made or refinanced by the Admin16 istrator under this section. Such sales shall be made 

17 through semi-annual public solicitation (in the Fed18 eral Register and in other media) of offers to pur19 chase. The Administrator may contract with vendors 

20 for due diligence, asset valuation, and other services 

21 related to such sales. The Administrator may not 

22 sell any loan under this section for less than 90 per23 cent of the net present value of the loan, as deter24 mined and certified by a qualified third-party. 


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1 (5) LOANS NOT SOLD.—The Administrator 

2 shall maintain and service loans made by the Admin3 istrator under this section that are not sold through 

4 the asset sales under this section. 

5 (e) DURATION.— The authority of this section shall 

6 terminate on the date two years after the date on which 

7 the program under this section becomes operational (as 

8 determined by the Administrator). 

9 (f) APPLICATION OF OTHER LAW.—Nothing in this 

10 section shall be construed to exempt any activity of the 

11 Administrator under this section from the Federal Credit 

12 Reform Act of 1990 (title V of the Congressional Budget 

13 and Impoundment Control Act of 1974; 2 U.S.C. 661 and 

14 following). 

15 (g) QUALIFIED LOANS.— 

16 (1) ALIENS UNLAWFULLY PRESENT IN THE

17 UNITED STATES.—A loan to any concern shall not 

18 be subject to this section if an individual who is an 

19 alien unlawfully present in the United States— 

20 (A) has an ownership interest in that con21 cern; or 

22 (B) has an ownership interest in another 

23 concern that itself has an ownership interest in 

24 that concern. 


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1 (2) FIRMS IN VIOLATION OF IMMIGRATION

2 LAWS.—No loan shall be subject to this section if 

3 the borrower is an entity found, based on a deter4 mination by the Secretary of Homeland Security or 

5 the Attorney General to have engaged in a pattern 

6 or practice of hiring, recruiting or referring for a 

7 fee, for employment in the United States an alien 

8 knowing the person is an unauthorized alien. 

9 (h) REPORTS.—The Administrator shall submit a re10 port to Congress semi-annually setting forth the aggregate 

11 amount of loans and geographic dispersion of such loans 

12 made, underwritten, closed, funded, serviced, sold, guaran13 teed, or held by the Administrator under the authority of 

14 this section. Such report shall also set forth information 

15 concerning loan defaults, prepayments, and recoveries re16 lated to loans made under the authority of this section. 

17 (i) AUTHORIZATION.—There are authorized to be ap18 propriated such sums as may be necessary to carry out 

19 this section. 

20 SEC. 6205. STIMULUS FOR COMMUNITY DEVELOPMENT 

21 LENDING. 

22 (a) REFINANCING UNDER THE LOCAL DEVELOP23 MENT BUSINESS LOAN PROGRAM.—Section 502 of the 

24 Small Business Investment Act of 1958 (15 U.S.C. 696) 

25 is amended by adding at the end the following: 


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1 ‘‘(7) PERMISSIBLE DEBT REFINANCING.— 

2 ‘‘(A) IN GENERAL.—Any financing ap3 proved under this title may include a limited 

4 amount of debt refinancing. 

5 ‘‘(B) EXPANSIONS.—If the project involves 

6 expansion of a small business concern which 

7 has existing indebtedness collateralized by fixed 

8 assets, any amount of existing indebtedness 

that does not exceed 1 9 ⁄2 of the project cost of 

10 the expansion may be refinanced and added to 

11 the expansion cost, if— 

12 ‘‘(i) the proceeds of the indebtedness 

13 were used to acquire land, including a 

14 building situated thereon, to construct a 

15 building thereon, or to purchase equip16 ment; 

17 ‘‘(ii) the borrower has been current on 

18 all payments due on the existing debt for 

19 not less than 1 year preceding the date of 

20 refinancing; and 

21 ‘‘(iii) the financing under section 504 

22 will provide better terms or rate of interest 

23 than exists on the debt at the time of refi24 nancing.’’. 


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1 (b) JOB CREATION GOALS.—Section 501(e)(1) and 

2 section 501(e)(2) of the Small Business Investment Act 

3 (15 U.S.C. 695) are each amended by striking ‘‘$50,000’’ 

4 and inserting ‘‘$65,000’’. 

5 SEC. 6206. INCREASING SMALL BUSINESS INVESTMENT. 

6 (a) SIMPLIFIED MAXIMUM LEVERAGE LIMITS.—Sec7 tion 303(b) of the Small Business Investment Act of 1958 

8 (15 U.S.C. 683(b)) is amended— 

9 (1) by striking so much of paragraph (2) as 

10 precedes subparagraphs (C) and (D) and inserting 

11 the following: 

12 ‘‘(2) MAXIMUM LEVERAGE.— 

13 ‘‘(A) IN GENERAL.—The maximum 

14 amount of outstanding leverage made available 

15 to any one company licensed under section 

16 301(c) of this Act may not exceed the lesser 

17 of— 

18 ‘‘(i) 300 percent of such company’s 

19 private capital; or 

20 ‘‘(ii) $150,000,000. 

21 ‘‘(B) MULTIPLE LICENSES UNDER COM22 MON CONTROL.—The maximum amount of out23 standing leverage made available to two or more 

24 companies licensed under section 301(c) of this 

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1 mined by the Administrator) and not under 

2 capital impairment may not exceed 

3 $225,000,000.’’; and 

4 (2) by striking paragraph (4). 

5 (b) SIMPLIFIED AGGREGATE INVESTMENT LIMITA6 TIONS.—Section 306(a) of the Small Business Investment 

7 Act of 1958 (15 U.S.C. 686(a)) is amended to read as 

8 follows: 

9 ‘‘(a) PERCENTAGE LIMITATION ON PRIVATE CAP10 ITAL.—If any small business investment company has ob11 tained financing from the Administrator and such financ12 ing remains outstanding, the aggregate amount of securi13 ties acquired and for which commitments may be issued 

14 by such company under the provisions of this title for any 

15 single enterprise shall not, without the approval of the Ad16 ministrator, exceed 10 percent of the sum of— 

17 ‘‘(1) the private capital of such company; and 

18 ‘‘(2) the total amount of leverage projected by 

19 the company in the company’s business plan that 

20 was approved by the Administrator at the time of 

21 the grant of the company’s license.’’. 

22 SEC. 6207. GAO REPORT. 

23 (a) REPORT.—Not later than 30 days after the enact24 ment of this Act, the Comptroller General of the United 

25 States shall report to the Congress on the actions of the 


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1 Administrator in implementing the authority established 

2 in sections 6201 through 6206 of this Act. 

3 (b) INCLUDED ITEM.—The report under this section 

4 shall include a summary of the activity of the Adminis5 trator under this section and an analysis of whether he 

6 is accomplishing the purpose of increasing liquidity in the 

7 secondary market for Small Business Administration 

8 loans. 

9 TITLE VII—HOMELAND 

10 SECURITY 

11 DEPARTMENT OF HOMELAND SECURITY 

12 U.S. CUSTOMS AND BORDER PROTECTION

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $100,000,000, for non-intrusive detection tech16 nology to be deployed at sea ports of entry. 

17 CONSTRUCTION

18 For an additional amount for ‘‘Construction’’, 

19 $150,000,000, to repair and construct inspection facilities 

20 at land border ports of entry. 

21 TRANSPORTATION SECURITY ADMINISTRATION

22 AVIATION SECURITY

23 For an additional amount for ‘‘Aviation Security’’, 

24 $500,000,000, for the purchase and installation of explo25 sive detection systems and emerging checkpoint techVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 nologies: Provided, That the Assistant Secretary of Home2 land Security (Transportation Security Administration) 

3 shall prioritize the award of these funds to accelerate the 

4 installations at locations with completed design plans and 

5 to expeditiously award new letters of intent. 

6 COAST GUARD

7 ALTERATION OF BRIDGES

8 For an additional amount for ‘‘Alteration of 

9 Bridges’’, $150,000,000, for alteration or removal of ob10 structive bridges, as authorized by section 6 of the Tru11 man-Hobbs Act (33 U.S.C. 516): Provided, That the 

12 Coast Guard shall award these funds to those bridges that 

13 are ready to proceed to construction. 

14 FEDERAL EMERGENCY MANAGEMENT AGENCY

15 EMERGENCY FOOD AND SHELTER

16 For an additional amount for ‘‘Emergency Food and 

17 Shelter’’, $200,000,000, to carry out the emergency food 

18 and shelter program pursuant to title III of the McKin19 ney-Vento Homeless Assistance Act (42 U.S.C. 11331 et 

20 seq.): Provided, That for the purposes of this appropria21 tion, the redistribution required by section 1104(b) shall 

22 be carried out by the Federal Emergency Management 

23 Agency and the National Board, who may reallocate and 

24 obligate any funds that are unclaimed or returned to the 

25 program: Provided further, That the amount set aside 


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1 from this appropriation pursuant to section 1106 of this 

2 Act shall be 3.5 percent instead of the percentage specified 

3 in such section. 

4 GENERAL PROVISIONS, THIS TITLE 

5 SEC. 7001. EXTENSION OF PROGRAMS. 

6 Section 401(b) of the Illegal Immigration Reform and 

7 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

8 note) is amended by striking ‘‘11-year period’’ and insert9 ing ‘‘16-year period’’. 

10 SEC. 7002. PROTECTION OF SOCIAL SECURITY ADMINIS11 TRATION PROGRAMS. 

12 (a) FUNDING UNDER AGREEMENT.—Effective for 

13 fiscal years beginning on or after October 1, 2008, the 

14 Commissioner of Social Security and the Secretary of 

15 Homeland Security shall enter into and maintain an 

16 agreement which shall— 

17 (1) provide funds to the Commissioner for the 

18 full costs of the responsibilities of the Commissioner 

19 under section 404 of the Illegal Immigration Reform 

20 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

21 1324a note), including (but not limited to)— 

22 (A) acquiring, installing, and maintaining 

23 technological equipment and systems necessary 

24 for the fulfillment of the responsibilities of the 

25 Commissioner under such section 404, but only 


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1 that portion of such costs that are attributable 

2 exclusively to such responsibilities; and 

3 (B) responding to individuals who contest 

4 a tentative nonconfirmation provided by the 

5 basic pilot confirmation system established 

6 under such section; 

7 (2) provide such funds quarterly in advance of 

8 the applicable quarter based on estimating method9 ology agreed to by the Commissioner and the Sec10 retary (except in such instances where the delayed 

11 enactment of an annual appropriation may preclude 

12 such quarterly payments); and 

13 (3) require an annual accounting and reconcili14 ation of the actual costs incurred and the funds pro15 vided under the agreement, which shall be reviewed 

16 by the Office of Inspector General of the Social Se17 curity Administration and the Department of Home18 land Security. 

19 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

20 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

21 which the agreement required under subsection (a) for any 

22 fiscal year beginning on or after October 1, 2008, has not 

23 been reached as of October 1 of such fiscal year, the latest 

24 agreement between the Commissioner and the Secretary 

25 of Homeland Security providing for funding to cover the 


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1 costs of the responsibilities of the Commissioner under 

2 section 404 of the Illegal Immigration Reform and Immi3 grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

4 shall be deemed in effect on an interim basis for such fis5 cal year until such time as an agreement required under 

6 subsection (a) is subsequently reached, except that the 

7 terms of such interim agreement shall be modified by the 

8 Director of the Office of Management and Budget to ad9 just for inflation and any increase or decrease in the vol10 ume of requests under the basic pilot confirmation system. 

11 In any case in which an interim agreement applies for any 

12 fiscal year under this subsection, the Commissioner and 

13 the Secretary shall, not later than October 1 of such fiscal 

14 year, notify the Committee on Ways and Means, the Com15 mittee on the Judiciary, and the Committee on Appropria16 tions of the House of Representatives and the Committee 

17 on Finance, the Committee on the Judiciary, and the 

18 Committee on Appropriations of the Senate of the failure 

19 to reach the agreement required under subsection (a) for 

20 such fiscal year. Until such time as the agreement re21 quired under subsection (a) has been reached for such fis22 cal year, the Commissioner and the Secretary shall, not 

23 later than the end of each 90-day period after October 

24 1 of such fiscal year, notify such Committees of the status 


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1 of negotiations between the Commissioner and the Sec2 retary in order to reach such an agreement. 

3 SEC. 7003. GAO STUDY OF BASIC PILOT CONFIRMATION 

4 SYSTEM. 

5 (a) IN GENERAL.—As soon as practicable after the 

6 date of the enactment of this Act, the Comptroller General 

7 of the United States shall conduct a study regarding erro8 neous tentative nonconfirmations under the basic pilot 

9 confirmation system established under section 404(a) of 

10 the Illegal Immigration Reform and Immigrant Responsi11 bility Act of 1996 (8 U.S.C. 1324a note). 

12 (b) MATTERS TO BE STUDIED.—In the study re13 quired under subsection (a), the Comptroller General shall 

14 determine and analyze— 

15 (1) the causes of erroneous tentative noncon16 firmations under the basic pilot confirmation system; 

17 (2) the processes by which such erroneous ten18 tative nonconfirmations are remedied; and 

19 (3) the effect of such erroneous tentative non20 confirmations on individuals, employers, and Federal 

21 agencies. 

22 (c) REPORT.—Not later than 2 years after the date 

23 of the enactment of this Act, the Comptroller General shall 

24 submit the results of the study required under subsection 

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1 mittee on the Judiciary of the House of Representatives 

2 and the Committee on Finance and the Committee on the 

3 Judiciary of the Senate. 

4 SEC. 7004. GAO STUDY OF EFFECTS OF BASIC PILOT PRO5 GRAM ON SMALL ENTITIES. 

6 (a) IN GENERAL.—Not later than 2 years after the 

7 date of the enactment of this Act, the Comptroller General 

8 of the United States shall submit to the Committees on 

9 the Judiciary of the United States House of Representa10 tives and the Senate a report containing the Comptroller 

11 General’s analysis of the effects of the basic pilot program 

12 described in section 403(a) of the Illegal Immigration Re13 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

14 1324a note) on small entities (as defined in section 601 

15 of title 5, United States Code). The report shall detail— 

16 (1) the costs of compliance with such program 

17 on small entities; 

18 (2) a description and an estimate of the number 

19 of small entities enrolled and participating in such 

20 program or an explanation of why no such estimate 

21 is available; 

22 (3) the projected reporting, recordkeeping and 

23 other compliance requirements of such program on 

24 small entities; 


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1 (4) factors that impact small entities’ enroll2 ment and participation in such program, including 

3 access to appropriate technology, geography, entity 

4 size, and class of entity; and 

5 (5) the steps, if any, the Secretary of Homeland 

6 Security has taken to minimize the economic impact 

7 of participating in such program on small entities. 

8 (b) DIRECT AND INDIRECT EFFECTS.—The report 

9 shall cover, and treat separately, direct effects (such as 

10 wages, time, and fees spent on compliance) and indirect 

11 effects (such as the effect on cash flow, sales, and competi12 tiveness). 

13 (c) SPECIFIC CONTENTS.—The report shall provide 

14 specific and separate details with respect to— 

15 (1) small businesses (ad defined in section 601 

16 of title 5, United States Code) with fewer than 50 

17 employees; and 

18 (2) small entities operating in States that have 

19 mandated use of the basic pilot program. 


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1 TITLE VIII—INTERIOR AND 

2 ENVIRONMENT 

3 DEPARTMENT OF THE INTERIOR 

4 BUREAU OF LAND MANAGEMENT

5 CONSTRUCTION

6 (INCLUDING TRANSFERS OF FUNDS)

7 For an additional amount for ‘‘Construction’’, 

8 $325,000,000, for priority road, bridge, and trail repair 

9 or decommissioning, critical deferred maintenance 

10 projects, facilities construction and renovation, hazardous 

11 fuels reduction, and remediation of abandoned mine or 

12 well sites: Provided, That funds may be transferred to 

13 other appropriate accounts of the Bureau of Land man14 agement: Provided further, That the amount set aside 

15 from this appropriation pursuant to section 1106 of this 

16 Act shall be not more than 5 percent instead of the per17 centage specified in such section. 

18 UNITED STATES FISH AND WILDLIFE SERVICE

19 CONSTRUCTION

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘Construction’’, 

22 $300,000,000, for priority road and bridge repair and re23 placement, and critical deferred maintenance and improve24 ment projects on National Wildlife Refuges, National Fish 

25 Hatcheries, and other Service properties: Provided, That 


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1 funds may be transferred to ‘‘Resource Management’’: 

2 Provided further, That the amount set aside from this ap3 propriation pursuant to section 1106 of this Act shall be 

4 not more than 5 percent instead of the percentage speci5 fied in such section. 

6 NATIONAL PARK SERVICE

7 CONSTRUCTION

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Construction’’, 

10 $1,700,000,000, for projects to address critical deferred 

11 maintenance needs within the National Park System, in12 cluding roads, bridges and trails, and for other critical in13 frastructure projects: Provided, That funds may be trans14 ferred to ‘‘Operation of the National Park System’’: Pro15 vided further, That $200,000,000 of these funds shall be 

16 for projects related to the preservation and repair of his17 torical and cultural resources within the National Park 

18 System: Provided further, That the amount set aside from 

19 this appropriation pursuant to section 1106 of this Act 

20 shall be not more than 5 percent instead of the percentage 

21 specified in such section. 

22 NATIONAL MALL REVITALIZATION FUND

23 For construction, improvements, repair, or replace24 ment of facilities related to the revitalization of National 

25 Park Service assets on the National Mall in Washington, 


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1 DC, $200,000,000, of which $100,000,000 shall only be 

2 made available to the extent that funds are matched by 

3 non-Federal contributions: Provided, That the amount set 

4 aside from this appropriation pursuant to section 1106 of 

5 this Act shall be not more than 5 percent instead of the 

6 percentage specified in such section. 

7 CENTENNIAL CHALLENGE

8 To carry out provisions of section 814(g) of Public 

9 Law 104–333 relating to challenge cost share agreements, 

10 $100,000,000, for National Park Service Centennial Chal11 lenge signature projects and programs: Provided, That not 

12 less than 50 percent of the total cost of each project or 

13 program is derived from non-Federal sources in the form 

14 of donated cash, assets, in-kind services, or a pledge of 

15 donation guaranteed by an irrevocable letter of credit: Pro16 vided further, That the amount set aside from this appro17 priation pursuant to section 1106 of this Act shall be not 

18 more than 5 percent instead of the percentage specified 

19 in such section. 

20 UNITED STATES GEOLOGICAL SURVEY

21 SURVEYS, INVESTIGATIONS, AND RESEARCH

22 For an additional amount for ‘‘Surveys, Investiga23 tions, and Research’’, $200,000,000, for repair and res24 toration of facilities; equipment replacement and upgrades 

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1 toring systems; national map activities; and other critical 

2 deferred maintenance and improvement projects: Pro3 vided, That the amount set aside from this appropriation 

4 pursuant to section 1106 of this Act shall be not more 

5 than 5 percent instead of the percentage specified in such 

6 section. 

7 BUREAU OF INDIAN AFFAIRS

8 CONSTRUCTION

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for ‘‘Construction’’, 

11 $500,000,000, for priority repair and replacement of 

12 schools, detention centers, roads, bridges, employee hous13 ing, and critical deferred maintenance projects: Provided, 

14 That not less than $250,000,000 shall be used for new 

15 and replacement schools and detention centers: Provided 

16 further, That funds may be transferred to ‘‘Operation of 

17 Indian Programs’’: Provided further, That the amount set 

18 aside from this appropriation pursuant to section 1106 of 

19 this Act shall be not more than 5 percent instead of the 

20 percentage specified in such section. 

21 ENVIRONMENTAL PROTECTION AGENCY 

22 HAZARDOUS SUBSTANCE SUPERFUND

23 For an additional amount for ‘‘Hazardous Substance 

24 Superfund’’, $800,000,000, which shall be used for the 

25 Superfund Remedial program: Provided, That amounts 


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1 available by law from this appropriation for management 

2 and administration shall take the place of the set-aside 

3 under section 1106 of this Act. 

4 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

5 PROGRAM

6 For an additional amount for ‘‘Leaking Underground 

7 Storage Tank Trust Fund Program’’, to carry out leaking 

8 underground storage tank cleanup activities authorized by 

9 subtitle I of the Solid Waste Disposal Act, $200,000,000, 

10 which shall be used to carry out leaking underground stor11 age tank cleanup activities authorized by section 9003(h) 

12 of the Solid Waste Disposal Act, except that such funds 

13 shall not be subject to the State matching requirements 

14 in section 9003(h)(7)(B): Provided, That amounts avail15 able by law from this appropriation for management and 

16 administration shall take the place of the set-aside under 

17 section 1106 of this Act. 

18 STATE AND TRIBAL ASSISTANCE GRANTS

19 For an additional amount for ‘‘State and Tribal As20 sistance Grants’’, $8,400,000,000, which shall be used as 

21 follows: 

22 (1) $6,000,000,000 shall be for capitalization 

23 grants for the Clean Water State Revolving Funds 

24 under title VI of the Federal Water Pollution Con25 trol Act (33 U.S.C. 1381 et seq.), except that such 


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1 funds shall not be subject to the State matching re2 quirements in paragraphs (2) and (3) of section 

3 602(b) of such Act or to the Federal cost share limi4 tations in section 202 of such Act: Provided, That 

5 the amount set aside from this appropriation pursu6 ant to section 1106 of this Act shall be not more 

7 than 2 percent instead of the percentage specified in 

8 such section: Provided further, That, notwith9 standing the limitation on amounts specified in sec10 tion 518(c) of the Federal Water Pollution Control 

11 Act, up to a total of 1.5 percent of such funds may 

12 be reserved by the Administrator of the Environ13 mental Protection Agency for grants under section 

14 518(c) of such Act: Provided further, That the re15 quirements of section 513 of such Act shall apply to 

16 the construction of treatment works carried out in 

17 whole or in part with assistance made available 

18 under this heading by a Clean Water State Revolv19 ing Fund under title VI of such Act, or with assist20 ance made available under section 205(m) of such 

21 Act, or both: Provided further, That, notwith22 standing the requirements of section 603(d) of such 

23 Act, each State shall use 50 percent of the amount 

24 of the capitalization grant received by the State 

25 under title VI of such Act to provide assistance, in 


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1 the form of additional subsidization, including for2 giveness of principal, negative interest loans, and 

3 grants, to municipalities (as defined in section 502 

4 of such Act) for projects that are included on the 

5 State’s priority list established under section 603(g) 

6 of such Act, of which 80 percent shall be for projects 

7 to benefit municipalities that meet affordability cri8 teria as determined by the Governor of the State 

9 and 20 percent shall be for projects to address 

10 water-efficiency goals, address energy-efficiency 

11 goals, mitigate stormwater runoff, or encourage en12 vironmentally sensitive project planning, design, and 

13 construction, to the extent that there are sufficient 

14 project applications eligible for such assistance. 

15 (2) $2,000,000,000 shall be for capitalization 

16 grants for the Drinking Water State Revolving 

17 Funds under section 1452 of the Safe Drinking 

18 Water Act (42 U.S.C. 300j–12), except that such 

19 funds shall not be subject to the State matching re20 quirements of section 1452(e) of such Act: Provided, 

21 That the amount set aside from this appropriation 

22 pursuant to section 1106 of this Act shall be not 

23 more than 2 percent instead of the percentage speci24 fied in such section: Provided further, That section 

25 1452(k) of the Safe Drinking Water Act shall not 


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1 apply to such funds: Provided further, That the re2 quirements of section 1450(e) of such Act (42 

3 U.S.C. 300j–9(e)) shall apply to the construction 

4 carried out in whole or part with assistance made 

5 available under this heading by a Drinking Water 

6 State Revolving fund under section 1452 of such 

7 Act: Provided further, That, notwithstanding the re8 quirements of section 1452(a)(2) of such Act, each 

9 State shall use 50 percent of the amount of the cap10 italization grant received by the State under section 

11 1452 of such Act to provide assistance, in the form 

12 of additional subsidization, including forgiveness of 

13 principal, negative interest loans, and grants, to mu14 nicipalities (as defined in section 1401 of such Act) 

15 for projects that are included on the State’s priority 

16 list established under section 1452(b)(3) of such 

17 Act. 

18 (3) $300,000,000 shall be for grants under title 

19 VII, Subtitle G of the Energy Policy Act of 2005: 

20 Provided, That the amount set aside from this ap21 propriation pursuant to section 1106 of this Act 

22 shall be not more than 3 percent instead of the per23 centage specified in such section. 

24 (4) $100,000,000 shall be to carry out section 

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1 sponse, Compensation, and Liability Act of 1980: 

2 Provided, That the amount set aside from this ap3 propriation pursuant to section 1106 of this Act 

4 shall be not more than 3 percent instead of the per5 centage specified in such section. 

6 DEPARTMENT OF AGRICULTURE 

7 FOREST SERVICE

8 CAPITAL IMPROVEMENT AND MAINTENANCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for ‘‘Capital Improvement 

11 and Maintenance’’, $650,000,000, for reconstruction, cap12 ital improvement, decommissioning, and maintenance of 

13 forest roads, bridges and trails; alternative energy tech14 nologies, energy efficiency enhancements and deferred 

15 maintenance at Federal facilities; and for remediation of 

16 abandoned mine sites, removal of fish passage barriers, 

17 and other critical habitat, forest improvement and water18 shed enhancement projects on Federal lands and waters: 

19 Provided, That funds may be transferred to ‘‘National 

20 Forest System’’: Provided further, That the amount set 

21 aside from this appropriation pursuant to section 1106 of 

22 this Act shall be not more than 5 percent instead of the 

23 percentage specified in such section. 


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1 WILDLAND FIRE MANAGEMENT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For an additional amount for ‘‘Wildland Fire Man4 agement’’, $850,000,000, of which $300,000,000 is for 

5 hazardous fuels reduction, forest health, wood to energy 

6 grants and rehabilitation and restoration activities on 

7 Federal lands, and of which $550,000,000 is for State fire 

8 assistance hazardous fuels projects, volunteer fire assist9 ance, cooperative forest health projects, city forest en10 hancements, and wood to energy grants on State and pri11 vate lands: Provided, That amounts in this paragraph may 

12 be transferred to ‘‘State and Private Forestry’’ and ‘‘Na13 tional Forest System’’: Provided further, That the amount 

14 set aside from this appropriation pursuant to section 1106 

15 of this Act shall be not more than 5 percent instead of 

16 the percentage specified in such section. 

17 DEPARTMENT OF HEALTH AND HUMAN 

18 SERVICES 

19 INDIAN HEALTH SERVICE

20 INDIAN HEALTH FACILITIES

21 For an additional amount for ‘‘Indian Health Facili22 ties’’, $550,000,000, for priority health care facilities con23 struction projects and deferred maintenance, and the pur24 chase of equipment and related services, including but not 

25 limited to health information technology: Provided, That 


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1 notwithstanding any other provision of law, the amounts 

2 available under this paragraph shall be allocated at the 

3 discretion of the Director of the Indian Health Service: 

4 Provided further, That the amount set aside from this ap5 propriation pursuant to section 1106 of this Act shall be 

6 not more than 5 percent instead of the percentage speci7 fied in such section. 

8 OTHER RELATED AGENCIES 

9 SMITHSONIAN INSTITUTION

10 FACILITIES CAPITAL

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for ‘‘Facilities Capital’’, 

13 $150,000,000, for deferred maintenance projects, and for 

14 repair, revitalization, and alteration of facilities owned or 

15 occupied by the Smithsonian Institution, by contract or 

16 otherwise, as authorized by section 2 of the Act of August 

17 22, 1949 (63 Stat. 623): Provided, That funds may be 

18 transferred to ‘‘Salaries and Expenses’’: Provided further, 

19 That the amount set aside from this appropriation pursu20 ant to section 1106 of this Act shall be not more than 

21 5 percent instead of the percentage specified in such sec22 tion. 


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1 NATIONAL FOUNDATION ON THE ARTS AND THE

2 HUMANITIES

3 NATIONAL ENDOWMENT FOR THE ARTS

4 GRANTS AND ADMINISTRATION

5 For an additional amount for ‘‘Grants and Adminis6 tration’’, $50,000,000, to be distributed in direct grants 

7 to fund arts projects and activities which preserve jobs in 

8 the non-profit arts sector threatened by declines in philan9 thropic and other support during the current economic 

10 downturn: Provided, That 40 percent of such funds shall 

11 be distributed to State arts agencies and regional arts or12 ganizations in a manner similar to the agency’s current 

13 practice and 60 percent of such funds shall be for competi14 tively selected arts projects and activities according to sec15 tions 2 and 5(c) of the National Foundation on the Arts 

16 and Humanities Act of 1965 (20 U.S.C. 951, 954(c)): 

17 Provided further, That matching requirements under sec18 tion 5(e) of such Act shall be waived: Provided further, 

19 That the amount set aside from this appropriation pursu20 ant to section 1106 of this Act shall be not more than 

21 5 percent instead of the percentage specified in such sec22 tion. 


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1 TITLE IX—LABOR, HEALTH AND 

2 HUMAN SERVICES, AND EDU3 CATION 

4 Subtitle A—Labor 

5 DEPARTMENT OF LABOR 

6 EMPLOYMENT AND TRAINING ADMINISTRATION

7 TRAINING AND EMPLOYMENT SERVICES

8 For an additional amount for ‘‘Training and Employ9 ment Services’’ for activities under the Workforce Invest10 ment Act of 1998 (‘‘WIA’’), $4,000,000,000, which shall 

11 be available for obligation on the date of enactment of this 

12 Act, as follows: 

13 (1) $500,000,000 for grants to the States for 

14 adult employment and training activities; 

15 (2) $1,200,000,000 for grants to the States for 

16 youth activities, including summer jobs for youth: 

17 Provided, That the work readiness performance indi18 cator described in section 136(b)(2)(A)(ii)(I) of the 

19 WIA shall be the only measure of performance used 

20 to assess the effectiveness of summer jobs for youth 

21 provided with such funds: Provided further, That 

22 with respect to the youth activities provided with 

23 such funds, section 101(13)(A) of the WIA shall be 

24 applied by substituting ‘‘age 24’’ for ‘‘age 21’’: Pro25 vided further, That no portion of the additional 


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1 funds provided herein shall be reserved to carry out 

2 section 127(b)(1)(A) of the WIA: Provided further, 

3 That for purposes of section 127(b)(1)(C)(iv) of the 

4 WIA, such funds shall be allotted as if the total 

5 amount of funding available for youth activities in 

6 the fiscal year does not exceed $1,000,000,000; 

7 (3) $1,000,000,000 for grants to the States for 

8 dislocated worker employment and training activi9 ties; 

10 (4) $500,000,000 for the dislocated workers as11 sistance national reserve to remain available for 

12 Federal obligation through June 30, 2010: Provided, 

13 That such funds shall be made available for grants 

14 only to eligible entities that serve areas of high un15 employment or high poverty and only for the pur16 poses described in subsection 173(a)(1) of the WIA: 

17 Provided further, That the Secretary of Labor shall 

18 ensure that applicants for such funds demonstrate 

19 how income support, child care, and other supportive 

20 services necessary for an individual’s participation in 

21 job training will be provided; 

22 (5) $50,000,000 for YouthBuild activities, 

23 which shall remain available for Federal obligation 

24 through June 30, 2010; and 


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1 (6) $750,000,000 for a program of competitive 

2 grants for worker training and placement in high 

3 growth and emerging industry sectors: Provided, 

4 That $500,000,000 shall be for research, labor ex5 change and job training projects that prepare work6 ers for careers in the energy efficiency and renew7 able energy industries specified in section 

8 171(e)(1)(B)(ii) of the WIA (as amended by the 

9 Green Jobs Act of 2007): Provided further, That in 

10 awarding grants from those funds not designated in 

11 the preceding proviso, the Secretary of Labor shall 

12 give priority to projects that prepare workers for ca13 reers in the health care sector: Provided further, 

14 That the provisions of section 1103 of this Act shall 

15 not apply to this appropriation: 

16 Provided, That the additional funds provided to States 

17 under this heading are not subject to section 191(a) of 

18 the WIA: Provided further, That notwithstanding section 

19 1106 of this Act, there shall be no amount set aside from 

20 the appropriations made in subsections (1) through (3) 

21 under this heading and the amount set aside for sub22 sections (4) through (6) shall be up to 1 percent instead 

23 of the percentage specified in such section. 


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1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

2 AMERICANS

3 For an additional amount for ‘‘Community Service 

4 Employment for Older Americans’’ to carry out title V of 

5 the Older Americans Act of 1965, $120,000,000, which 

6 shall be available for obligation on the date of enactment 

7 of this Act: Provided, That funds shall be allotted within 

8 30 days of such enactment to current grantees in propor9 tion to their allotment in program year 2008. 

10 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

11 SERVICE OPERATIONS

12 For an additional amount for ‘‘State Unemployment 

13 Insurance and Employment Service Operations’’ for 

14 grants to the States in accordance with section 6 of the 

15 Wagner-Peyser Act, $500,000,000, which may be ex16 pended from the Employment Security Administration Ac17 count in the Unemployment Trust Fund, and which shall 

18 be available for obligation on the date of enactment of this 

19 Act: Provided, That such funds shall remain available to 

20 the States through September 30, 2010: Provided further, 

21 That, with respect to such funds, section 6(b)(1) of such 

22 Act shall be applied by substituting ‘‘one-third’’ for ‘‘two23 thirds’’ in subparagraph (A), with the remaining one-third 

24 of the sums to be allotted in accordance with section 

25 132(b)(2)(B)(ii)(III) of the Workforce Investment Act of 


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1 1998: Provided further, That not less than $250,000,000 

2 of the amount provided under this heading shall be used 

3 by States for reemployment services for unemployment in4 surance claimants (including the integrated Employment 

5 Service and Unemployment Insurance information tech6 nology required to identify and serve the needs of such 

7 claimants): Provided further, That the Secretary of Labor 

8 shall establish planning and reporting procedures nec9 essary to provide oversight of funds used for reemploy10 ment services. 

11 DEPARTMENTAL MANAGEMENT

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Departmental Man15 agement’’, $80,000,000, for the enforcement of worker 

16 protection laws and regulations, oversight, and coordina17 tion activities related to the infrastructure and unemploy18 ment insurance investments in this Act: Provided, That 

19 the Secretary of Labor may transfer such sums as nec20 essary to ‘‘Employment and Standards Administration’’, 

21 ‘‘Occupational Safety and Health Administration’’, and 

22 ‘‘Employment and Training Administration—Program 

23 Administration’’ for enforcement, oversight, and coordina24 tion activities: Provided further, That the provisions of sec25 tion 1106 of this Act shall not apply to this appropriation. 


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1 OFFICE OF JOB CORPS

2 For an additional amount for ‘‘Office of Job Corps’’, 

3 $300,000,000, for construction, rehabilitation and acquisi4 tion of Job Corps Centers, which shall be available upon 

5 the date of enactment of this Act and remain available 

6 for obligation through June 30, 2010: Provided, That sec7 tion 1552(a) of title 31, United States Code shall not 

8 apply to up to 30 percent of such funds, if such funds 

9 are used for a multi-year lease agreement that will result 

10 in construction activities that can commence within 120 

11 days of enactment of this Act: Provided further, That not12 withstanding section 3324(a) of title 31, United States 

13 Code, the funds referred to in the preceding proviso may 

14 be used for advance, progress, and other payments: Pro15 vided further, That the Secretary of Labor may transfer 

16 up to 15 percent of such funds to meet the operational 

17 needs of such centers, which may include the provision of 

18 additional training for careers in the energy efficiency and 

19 renewable energy industries: Provided further, That pri20 ority should be given to activities that can commence 

21 promptly following enactment and to those projects that 

22 will create the greatest impact on the energy efficiency of 

23 Job Corps facilities: Provided further, That the Secretary 

24 shall provide to the Committees on Appropriations of the 

25 House of Representatives and the Senate a report on the 


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1 actual obligations, expenditures, and unobligated balances 

2 for each activity funded under this heading not later than 

3 September 30, 2009 and quarterly thereafter as long as 

4 funding provided under this heading is available for obli5 gation or expenditure. 

6 GENERAL PROVISIONS, THIS SUBTITLE 

7 SEC. 9101. ELIGIBLE EMPLOYEES IN THE RECREATIONAL 

8 MARINE INDUSTRY. 

9 Section 2(3)(F) of the Longshore and Harbor Work10 ers’ Compensation Act (33 U.S.C. 902(3)(F)) is amend11 ed— 

12 (1) by striking ‘‘, repair or dismantle’’; and 

13 (2) by striking the semicolon and inserting ‘‘, or 

14 individuals employed to repair any recreational ves15 sel, or to dismantle any part of a recreational vessel 

16 in connection with the repair of such vessel;’’. 

17 Subtitle B—Health and Human 

18 Services 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 HEALTH RESOURCES AND SERVICES

22 For an additional amount for ‘‘Health Resources and 

23 Services’’, $2,188,000,000 which shall be used as follows: 

24 (1) $500,000,000, of which $250,000,000 shall 

25 not be available until October 1, 2009, shall be for 


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1 grants to health centers authorized under section 

2 330 of the Public Health Service Act (‘‘PHS Act’’); 

3 (2) $1,000,000,000 shall be available for ren4 ovation and repair of health centers authorized 

5 under section 330 of the PHS Act and for the acqui6 sition by such centers of health information tech7 nology systems: Provided, That the timeframe for 

8 the award of grants pursuant to section 1103(b) of 

9 this Act shall not be later than 180 days after the 

10 date of enactment of this Act instead of the time11 frame specified in such section; 

12 (3) $88,000,000 shall be for fit-out and other 

13 costs related to moving into a facility to be secured 

14 through a competitive lease procurement to replace 

15 or renovate a headquarters building for Public 

16 Health Service agencies and other components of the 

17 Department of Health and Human Services; and 

18 (4) $600,000,000, of which $300,000,000 shall 

19 not be available until October 1, 2009, shall be for 

20 the training of nurses and primary care physicians 

21 and dentists as authorized under titles VII and VIII 

22 of the PHS Act, for the provision of health care per23 sonnel under the National Health Service Corps pro24 gram authorized under title III of the PHS Act, and 


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1 for the patient navigator program authorized under 

2 title III of the PHS Act. 

3 CENTERS FOR DISEASE CONTROL AND PREVENTION

4 DISEASE CONTROL, RESEARCH, AND TRAINING

5 For an additional amount for ‘‘Disease Control, Re6 search, and Training’’ for equipment, construction, and 

7 renovation of facilities, including necessary repairs and 

8 improvements to leased laboratories, $462,000,000: Pro9 vided, That notwithstanding any other provision of law, 

10 the Centers for Disease Control and Prevention may 

11 award a single contract or related contracts for develop12 ment and construction of facilities that collectively include 

13 the full scope of the project: Provided further, That the 

14 solicitation and contract shall contain the clause ‘‘avail15 ability of funds’’ found at 48 CFR 52.232–18: Provided 

16 further, That in accordance with applicable authorities, 

17 policies, and procedures, the Centers for Disease Control 

18 and Prevention shall acquire real property, and make any 

19 necessary improvements thereon, to relocate and consoli20 date property and facilities of the National Institute for 

21 Occupational Safety and Health. 

22 NATIONAL INSTITUTES OF HEALTH

23 NATIONAL CENTER FOR RESEARCH RESOURCES

24 For an additional amount for ‘‘National Center for 

25 Research Resources’’, $1,500,000,000 for grants or conVerDate Nov 24 2008 03:34 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 tracts under section 481A of the Public Health Service 

2 Act to renovate or repair existing non-Federal research fa3 cilities: Provided, That sections 481A(c)(1)(B)(ii), para4 graphs (1), (3), and (4) of section 481A(e), and section 

5 481B of such Act shall not apply to the use of such funds: 

6 Provided further, That the references to ‘‘20 years’’ in sub7 sections (c)(1)(B)(i) and (f) of section 481A of such Act 

8 are deemed to be references to ‘‘10 years’’ for purposes 

9 of using such funds: Provided further, That the National 

10 Center for Research Resources may also use such funds 

11 to provide, under the authority of section 301 and title 

12 IV of such Act, shared instrumentation and other capital 

13 research equipment to recipients of grants and contracts 

14 under section 481A of such Act and other appropriate en15 tities: Provided further, That the Director of the Center 

16 shall provide to the Committees on Appropriations of the 

17 House of Representatives and the Senate an annual report 

18 indicating the number of institutions receiving awards of 

19 a grant or contract under section 481A of such Act, the 

20 proposed use of the funding, the average award size, a 

21 list of grant or contract recipients, and the amount of each 

22 award: Provided further, That the Center, in obligating 

23 such funds, shall require that each entity that applies for 

24 a grant or contract under section 481A for any project 

25 shall include in its application an assurance described in 


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1 section 1621(b)(1)(I) of the Public Health Service Act: 

2 Provided further, That the Center shall give priority in the 

3 award of grants and contracts under section 481A of such 

4 Act to those applications that are expected to generate de5 monstrable energy-saving or beneficial environmental ef6 fects: Provided further, That the provisions of section 1103 

7 of this Act shall not apply to the peer-reviewed grants 

8 awarded under this heading. 

9 OFFICE OF THE DIRECTOR

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for ‘‘Office of the Direc12 tor’’, $1,500,000,000, of which $750,000,000 shall not be 

13 available until October 1, 2009: Provided, That such funds 

14 shall be transferred to the Institutes and Centers of the 

15 National Institutes of Health and to the Common Fund 

16 established under section 402A(c)(1) of the Public Health 

17 Service Act in proportion to the appropriations otherwise 

18 made to such Institutes, Centers, and Common Fund for 

19 fiscal year 2009: Provided further, That these funds shall 

20 be used to support additional scientific research and shall 

21 be merged with and be available for the same purposes 

22 as the appropriation or fund to which transferred: Pro23 vided further, That this transfer authority is in addition 

24 to any other transfer authority available to the National 

25 Institutes of Health: Provided further, That none of these 


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1 funds may be transferred to ‘‘National Institutes of 

2 Health—Buildings and Facilities’’, the Center for Sci3 entific Review, the Center for Information Technology, the 

4 Clinical Center, the Global Fund for HIV/AIDS, Tuber5 culosis and Malaria, or the Office of the Director (except 

6 for the transfer to the Common Fund): Provided further, 

7 That the provisions of section 1103 of this Act shall not 

8 apply to the peer-reviewed grants awarded under this 

9 heading. 

10 BUILDINGS AND FACILITIES

11 For an additional amount for ‘‘Buildings and Facili12 ties’’, $500,000,000, to fund high priority repair and im13 provement projects for National Institutes of Health facili14 ties on the Bethesda, Maryland campus and other agency 

15 locations. 

16 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

17 HEALTHCARE RESEARCH AND QUALITY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Healthcare Research 

20 and Quality’’ to carry out titles III and IX of the Public 

21 Health Service Act, part A of title XI of the Social Secu22 rity Act, and section 1013 of the Medicare Prescription 

23 Drug, Improvement, and Modernization Act of 2003, 

24 $700,000,000 for comparative effectiveness research: Pro25 vided, That of the amount appropriated in this paragraph, 


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1 $400,000,000 shall be transferred to the Office of the Di2 rector of the National Institutes of Health (‘‘Office of the 

3 Director’’) to conduct or support comparative effectiveness 

4 research: Provided further, That funds transferred to the 

5 Office of the Director may be transferred to the national 

6 research institutes and national centers of the National 

7 Institutes of Health and to the Common Fund established 

8 under section 402A(c)(1) of the Public Health Service Act: 

9 Provided further, That this transfer authority is in addi10 tion to any other transfer authority available to the Na11 tional Institutes of Health: Provided further, That the pro12 visions of section 1103 of this Act shall not apply to the 

13 peer-reviewed grants awarded under this paragraph: Pro14 vided further, That the amount set aside from this appro15 priation pursuant to section 1106 of this Act shall be not 

16 more than 1 percent instead of the percentage specified 

17 in such section. 

18 In addition, $400,000,000 shall be available for com19 parative effectiveness research to be allocated at the dis20 cretion of the Secretary of Health and Human Services 

21 (‘‘Secretary’’): Provided, That the funding appropriated in 

22 this paragraph shall be used to accelerate the development 

23 and dissemination of research assessing the comparative 

24 effectiveness of health care treatments and strategies, in25 cluding through efforts that: (1) conduct, support, or synVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 thesize research that compares the clinical outcomes, ef2 fectiveness, and appropriateness of items, services, and 

3 procedures that are used to prevent, diagnose, or treat dis4 eases, disorders, and other health conditions; and (2) en5 courage the development and use of clinical registries, clin6 ical data networks, and other forms of electronic health 

7 data that can be used to generate or obtain outcomes data: 

8 Provided further, That the Secretary shall enter into a 

9 contract with the Institute of Medicine, for which no more 

10 than $1,500,000 shall be made available from funds pro11 vided in this paragraph, to produce and submit a report 

12 to the Congress and the Secretary by not later than June 

13 30, 2009, that includes recommendations on the national 

14 priorities for comparative effectiveness research to be con15 ducted or supported with the funds provided in this para16 graph and that considers input from stakeholders: Pro17 vided further, That the Secretary shall consider any rec18 ommendations of the Federal Coordinating Council for 

19 Comparative Effectiveness Research established by section 

20 9201 of this Act and any recommendations included in 

21 the Institute of Medicine report pursuant to the preceding 

22 proviso in designating activities to receive funds provided 

23 in this paragraph and may make grants and contracts 

24 with appropriate entities, which may include agencies 

25 within the Department of Health and Human Services and 


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1 other governmental agencies, as well as private sector enti2 ties, that have demonstrated experience and capacity to 

3 achieve the goals of comparative effectiveness research: 

4 Provided further, That the Secretary shall publish infor5 mation on grants and contracts awarded with the funds 

6 provided under this heading within a reasonable time of 

7 the obligation of funds for such grants and contracts and 

8 shall disseminate research findings from such grants and 

9 contracts to clinicians, patients, and the general public, 

10 as appropriate: Provided further, That, to the extent fea11 sible, the Secretary shall ensure that the recipients of the 

12 funds provided by this paragraph offer an opportunity for 

13 public comment on the research: Provided further, That 

14 the provisions of section 1103 of this Act shall not apply 

15 to the peer-reviewed grants awarded under this paragraph: 

16 Provided further, That the Secretary shall provide the 

17 Committees on Appropriations of the House of Represent18 atives and the Senate, the Committee on Energy and Com19 merce and the Committee on Ways and Means of the 

20 House of Representatives, and the Committee on Health, 

21 Education, Labor, and Pensions and the Committee on Fi22 nance of the Senate with an annual report on the research 

23 conducted or supported through the funds provided under 

24 this heading: Provided further, That the Secretary, jointly 

25 with the Directors of the Agency for Healthcare Research 


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1 and Quality and the National Institutes of Health, shall 

2 provide the Committees on Appropriations of the House 

3 of Representatives and the Senate a fiscal year 2009 oper4 ating plan for the funds appropriated under this heading 

5 prior to making any Federal obligations of such funds in 

6 fiscal year 2009, but not later than 90 days after the date 

7 of enactment of this Act, and a fiscal year 2010 operating 

8 plan for such funds prior to making any Federal obliga9 tions of such funds in fiscal year 2010, but not later than 

10 November 1, 2009, that detail the type of research being 

11 conducted or supported, including the priority conditions 

12 addressed; and specify the allocation of resources within 

13 the Department of Health and Human Services: Provided 

14 further, That the Secretary jointly with the Directors of 

15 the Agency for Healthcare Research and Quality and the 

16 National Institutes of Health, shall provide to the Com17 mittees on Appropriations of the House of Representatives 

18 and the Senate a report on the actual obligations, expendi19 tures, and unobligated balances for each activity funded 

20 under this heading not later than November 1, 2009, and 

21 every 6 months thereafter as long as funding provided 

22 under this heading is available for obligation or expendi23 ture. 


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1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 LOW-INCOME HOME ENERGY ASSISTANCE

3 For an additional amount for ‘‘Low-Income Home 

4 Energy Assistance’’ for making payments under section 

5 2602(b) and section 2602(d) of the Low-Income Home 

6 Energy Assistance Act of 1981, $1,000,000,000, which 

7 shall become available on October 1, 2009: Provided, That 

8 the provisions of section 1106 of this Act shall not apply 

9 to this appropriation. 

10 PAYMENTS TO STATES FOR THE CHILD CARE AND

11 DEVELOPMENT BLOCK GRANT

12 For an additional amount for ‘‘Payments to States 

13 for the Child Care and Development Block Grant’’, 

14 $2,000,000,000, of which $1,000,000,000 shall become 

15 available on October 1, 2009, which shall be used to sup16 plement, not supplant State general revenue funds for 

17 child care assistance for low-income families: Provided, 

18 That the provisions of section 1106 of this Act shall not 

19 apply to this appropriation. 

20 CHILDREN AND FAMILIES SERVICES PROGRAMS

21 For an additional amount for ‘‘Children and Families 

22 Services Programs’’, $3,200,000,000, which shall be used 

23 as follows: 


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1 (1) $1,000,000,000 for carrying out activities 

2 under the Head Start Act, of which $500,000,000 

3 shall become available on October 1, 2009; 

4 (2) $1,100,000,000 for expansion of Early 

5 Head Start programs, as described in section 645A 

6 of the Head Start Act, of which $550,000,000 shall 

7 become available on October 1, 2009: Provided, That 

8 of the funds provided in this sentence, up to 10 per9 cent shall be available for the provision of training 

10 and technical assistance to such programs consistent 

11 with section 645A(g)(2) of such Act, and up to 3 

12 percent shall be available for monitoring the oper13 ation of such programs consistent with section 641A 

14 of such Act: Provided further, That the preceding 

15 proviso shall apply to this appropriation in lieu of 

16 the provisions of section 1106 of this Act: Provided 

17 further, That the provisions of section 1103 of this 

18 Act shall not apply to this appropriation; 

19 (3) $1,000,000,000 for carrying out activities 

20 under sections 674 through 679 of the Community 

21 Services Block Grant Act, of which $500,000,000 

22 shall become available on October 1, 2009, and of 

23 which no part shall be subject to paragraphs (2) and 

24 (3) of section 674(b) of such Act: Provided, That 

25 notwithstanding section 675C(a)(1) of such Act, 100 


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1 percent of the funds made available to a State from 

2 this additional amount shall be distributed to eligible 

3 entities as defined in section 673(1) of such Act: 

4 Provided further, That for services furnished under 

5 such Act during fiscal years 2009 and 2010, States 

6 may apply the last sentence of section 673(2) of 

7 such Act by substituting ‘‘200 percent’’ for ‘‘125 

8 percent’’: Provided further, That the provisions of 

9 section 1106 of this Act shall not apply to this ap10 propriation; and 

11 (4) $100,000,000 for carrying out activities 

12 under section 1110 of the Social Security Act, of 

13 which $50,000,000 shall become available on Octo14 ber 1, 2009: Provided, That the Secretary of Health 

15 and Human Services shall distribute such amount 

16 under the Compassion Capital Fund to eligible faith17 based and community organizations: Provided fur18 ther, That the provisions of section 1106 of this Act 

19 shall not apply to this appropriation. 

20 ADMINISTRATION ON AGING

21 AGING SERVICES PROGRAMS

22 For an additional amount for ‘‘Aging Services Pro23 grams’’ under section 311, and subparts 1 and 2 of part 

24 C, of title III of the Older Americans Act of 1965, 

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1 able on October 1, 2009: Provided, That the provisions 

2 of section 1106 of this Act shall not apply to this appro3 priation. 

4 OFFICE OF THE SECRETARY

5 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

6 INFORMATION TECHNOLOGY

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Office of the National 

9 Coordinator for Health Information Technology’’ to carry 

10 out section 9202 of this Act, $2,000,000,000, to remain 

11 available until expended: Provided, That of such amount, 

12 the Secretary of Health and Human Services shall trans13 fer $20,000,000 to the Director of the National Institute 

14 of Standards and Technology in the Department of Com15 merce for continued work on advancing health care infor16 mation enterprise integration through activities such as 

17 technical standards analysis and establishment of con18 formance testing infrastructure, so long as such activities 

19 are coordinated with the Office of the National Coordi20 nator for Health Information Technology: Provided fur21 ther, That the provisions of section 1103 of this Act shall 

22 not apply to this appropriation: Provided further, That the 

23 amount set aside from this appropriation pursuant to sec24 tion 1106 of this Act shall be 0.25 percent instead of the 

25 percentage specified in such section: Provided further, 


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1 That funds available under this heading shall become 

2 available for obligation only upon submission of an annual 

3 operating plan by the Secretary to the Committees on Ap4 propriations of the House of Representatives and the Sen5 ate: Provided further, That the fiscal year 2009 operating 

6 plan shall be provided not later than 90 days after enact7 ment of this Act and that subsequent annual operating 

8 plans shall be provided not later than November 1 of each 

9 year: Provided further, That these operating plans shall 

10 describe how expenditures are aligned with the specific ob11 jectives, milestones, and metrics of the Federal Health In12 formation Technology Strategic Plan, including any subse13 quent updates to the Plan; the allocation of resources 

14 within the Department of Health and Human Services and 

15 other Federal agencies; and the identification of programs 

16 and activities that are supported: Provided further, That 

17 the Secretary shall provide to the Committees on Appro18 priations of the House of Representatives and the Senate 

19 a report on the actual obligations, expenditures, and unob20 ligated balances for each major set of activities not later 

21 than November 1, 2009, and every 6 months thereafter 

22 as long as funding provided under this heading is available 

23 for obligation or expenditure: Provided further, That the 

24 Comptroller General of the United States shall review on 

25 an annual basis the expenditures from funds provided 


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1 under this heading to determine if such funds are used 

2 in a manner consistent with the purpose and requirements 

3 under this heading. 

4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

5 FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Public Health and So8 cial Services Emergency Fund’’ to support advanced re9 search and development pursuant to section 319L of the 

10 Public Health Service Act, $430,000,000: Provided, That 

11 the provisions of section 1103 of this Act shall not apply 

12 to this appropriation. 

13 For an additional amount for ‘‘Public Health and So14 cial Services Emergency Fund’’ to prepare for and re15 spond to an influenza pandemic, including the develop16 ment and purchase of vaccine, antivirals, necessary med17 ical supplies, diagnostics, and other surveillance tools, 

18 $420,000,000: Provided, That the provisions of section 

19 1103 of this Act shall not apply to this appropriation: Pro20 vided further, That products purchased with these funds 

21 may, at the discretion of the Secretary of Health and 

22 Human Services (‘‘Secretary’’), be deposited in the Stra23 tegic National Stockpile: Provided further, That notwith24 standing section 496(b) of the Public Health Service Act, 

25 funds may be used for the construction or renovation of 


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1 privately owned facilities for the production of pandemic 

2 influenza vaccine and other biologics, where the Secretary 

3 finds such a contract necessary to secure sufficient sup4 plies of such vaccines or biologics: Provided further, That 

5 funds appropriated in this paragraph may be transferred 

6 to other appropriation accounts of the Department of 

7 Health and Human Services, as determined by the Sec8 retary to be appropriate, to be used for the purposed speci9 fied in this sentence. 

10 For an additional amount for ‘‘Public Health and So11 cial Services Emergency Fund’’ to improve information 

12 technology security at the Department of Health and 

13 Human Services, $50,000,000: Provided, That the Sec14 retary shall prepare and submit a report by not later than 

15 November 1, 2009, and by not later than 15 days after 

16 the end of each month thereafter, updating the status of 

17 actions taken and funds obligated in this and previous ap18 propriations Acts for pandemic influenza preparedness 

19 and response activities, biomedical advanced research and 

20 development activities, Project BioShield, and Cyber Secu21 rity. 

22 PREVENTION AND WELLNESS FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses for a ‘‘Prevention and 

25 Wellness Fund’’ to be administered through the DepartVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 ment of Health and Human Services Office of the Sec2 retary, $3,000,000,000: Provided, That the provisions of 

3 section 1103 of this Act shall not apply to this appropria4 tion: Provided further, That of the amount appropriated 

5 under this heading not less than $2,350,000,000 shall be 

6 transferred to the Centers for Disease Control and Pre7 vention as follows: 

8 (1) not less than $954,000,000 shall be used as 

9 an additional amount to carry out the immunization 

10 program authorized by section 317(a), (j), and 

11 (k)(1) of the Public Health Service Act (‘‘section 

12 317 immunization program’’), of which 

13 $649,900,000 shall be available on October 1, 2009; 

14 (2) not less than $296,000,000 shall be used as 

15 an additional amount to carry out Part A of title 

16 XIX of the Public Health Service Act, of which 

17 $148,000,000 shall be available on October 1, 2009; 

18 (3) not less than $545,000,000 shall be used as 

19 an additional amount to carry out chronic disease, 

20 health promotion, and genomics programs, as jointly 

21 determined by the Secretary of Health and Human 

22 Services (‘‘Secretary’’) and the Director of the Cen23 ters for Disease Control and Prevention (‘‘Direc24 tor’’); 


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1 (4) not less than $335,000,000 shall be used as 

2 an additional amount to carry out domestic HIV/ 

3 AIDS, viral hepatitis, sexually-transmitted diseases, 

4 and tuberculosis prevention programs, as jointly de5 termined by the Secretary and the Director; 

6 (5) not less than $60,000,000 shall be used as 

7 an additional amount to carry out environmental 

8 health programs, as jointly determined by the Sec9 retary and the Director; 

10 (6) not less than $50,000,000 shall be used as 

11 an additional amount to carry out injury prevention 

12 and control programs, as jointly determined by the 

13 Secretary and the Director; 

14 (7) not less than $30,000,000 shall be used as 

15 an additional amount for public health workforce de16 velopment activities, as jointly determined by the 

17 Secretary and the Director; 

18 (8) not less than $40,000,000 shall be used as 

19 an additional amount for the National Institute for 

20 Occupational Safety and Health to carry out re21 search activities within the National Occupational 

22 Research Agenda; and 

23 (9) not less than $40,000,000 shall be used as 

24 an additional amount for the National Center for 

25 Health Statistics: 


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1 Provided further, That of the amount appropriated under 

2 this heading not less than $150,000,000 shall be available 

3 for an additional amount to carry out activities to imple4 ment a national action plan to prevent healthcare-associ5 ated infections, as determined by the Secretary, of which 

6 not less $50,000,000 shall be provided to States to imple7 ment healthcare-associated infection reduction strategies: 

8 Provided further, That of the amount appropriated under 

9 this heading $500,000,000 shall be used to carry out evi10 dence-based clinical and community-based prevention and 

11 wellness strategies and public health workforce develop12 ment activities authorized by the Public Health Service 

13 Act, as determined by the Secretary, that deliver specific, 

14 measurable health outcomes that address chronic and in15 fectious disease rates and health disparities, which shall 

16 include evidence-based interventions in obesity, diabetes, 

17 heart disease, cancer, tobacco cessation and smoking pre18 vention, and oral health, and which may be used for the 

19 Healthy Communities program administered by the Cen20 ters for Disease Control and Prevention and other existing 

21 community-based programs administered by the Depart22 ment of Health and Human Services: Provided further, 

23 That funds appropriated in the preceding proviso may be 

24 transferred to other appropriation accounts of the Depart25 ment of Health and Human Services, as determined by 


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1 the Secretary to be appropriate: Provided further, That the 

2 Secretary shall, directly or through contracts with public 

3 or private entities, provide for annual evaluations of pro4 grams carried out with funds provided under this heading 

5 in order to determine the quality and effectiveness of the 

6 programs: Provided further, That the Secretary shall, not 

7 later than 1 year after the date of enactment of this Act, 

8 submit to the Committees on Appropriations of the House 

9 of Representatives and the Senate, the Committee on En10 ergy and Commerce of the House of Representatives, and 

11 the Committee on Health, Education, Labor, and Pen12 sions of the Senate, a report (1) summarizing the annual 

13 evaluations of programs from the preceding proviso; and 

14 (2) making recommendations concerning future spending 

15 on prevention and wellness activities, including any rec16 ommendations made by the United States Preventive 

17 Services Task Force in the area of clinical preventive serv18 ices and the Task Force on Community Preventive Serv19 ices in the area of community preventive services: Provided 

20 further, That the Secretary shall enter into a contract with 

21 the Institute of Medicine, for which no more than 

22 $1,500,000 shall be made available from funds provided 

23 in this paragraph, to produce and submit a report to the 

24 Congress and the Secretary by no later than 1 year after 

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1 ommendations on the national priorities for clinical and 

2 community-based prevention and wellness activities that 

3 will have a positive impact in preventing illness or reduc4 ing healthcare costs and that considers input from stake5 holders: Provided further, That the Secretary shall provide 

6 to the Committees on Appropriations of the House of Rep7 resentatives and the Senate a fiscal year 2009 operating 

8 plan for the Prevention and Wellness Fund prior to mak9 ing any Federal obligations of funds provided under this 

10 heading in fiscal year 2009 (excluding funds to carry out 

11 the section 317 immunization program), but not later than 

12 90 days after the date of enactment of this Act, and a 

13 fiscal year 2010 operating plan for the Prevention and 

14 Wellness Fund prior to making any Federal obligations 

15 of funds provided under this heading in fiscal year 2010 

16 (excluding funds to carry out the section 317 immuniza17 tion program), but not later than November 1, 2009, that 

18 indicate the prevention priorities to be addressed; provide 

19 measurable goals for each prevention priority; detail the 

20 allocation of resources within the Department of Health 

21 and Human Services; and identify which programs or ac22 tivities are supported, including descriptions of any new 

23 programs or activities: Provided further, That the Sec24 retary shall provide to the Committees on Appropriations 

25 of the House of Representatives and the Senate a report 


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1 on the actual obligations, expenditures, and unobligated 

2 balances for each activity funded under this heading not 

3 later than November 1, 2009 and every 6 months there4 after as long as funding provided under this heading is 

5 available for obligation or expenditure. 

6 GENERAL PROVISIONS, THIS SUBTITLE 

7 SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COM8 PARATIVE EFFECTIVENESS RESEARCH. 

9 (a) ESTABLISHMENT.—There is hereby established a 

10 Federal Coordinating Council for Comparative Effective11 ness Research (in this section referred to as the ‘‘Coun12 cil’’). 

13 (b) PURPOSE; DUTIES.—The Council shall— 

14 (1) assist the offices and agencies of the Fed15 eral Government, including the Departments of 

16 Health and Human Services, Veterans Affairs, and 

17 Defense, and other Federal departments or agencies, 

18 to coordinate the conduct or support of comparative 

19 effectiveness and related health services research; 

20 and 

21 (2) advise the President and Congress on— 

22 (A) strategies with respect to the infra23 structure needs of comparative effectiveness re24 search within the Federal Government; 


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1 (B) appropriate organizational expendi2 tures for comparative effectiveness research by 

3 relevant Federal departments and agencies; and 

4 (C) opportunities to assure optimum co5 ordination of comparative effectiveness and re6 lated health services research conducted or sup7 ported by relevant Federal departments and 

8 agencies, with the goal of reducing duplicative 

9 efforts and encouraging coordinated and com10 plementary use of resources. 

11 (c) MEMBERSHIP.— 

12 (1) NUMBER AND APPOINTMENT.—The Council 

13 shall be composed of not more than 15 members, all 

14 of whom are senior Federal officers or employees 

15 with responsibility for health-related programs, ap16 pointed by the President, acting through the Sec17 retary of Health and Human Services (in this sec18 tion referred to as the ‘‘Secretary’’). Members shall 

19 first be appointed to the Council not later than 30 

20 days after the date of the enactment of this Act. 

21 (2) MEMBERS.— 

22 (A) IN GENERAL.—The members of the 

23 Council shall include one senior officer or em24 ployee from each of the following agencies: 


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1 (i) The Agency for Healthcare Re2 search and Quality. 

3 (ii) The Centers for Medicare and 

4 Medicaid Services. 

5 (iii) The National Institutes of 

6 Health. 

7 (iv) The Office of the National Coor8 dinator for Health Information Tech9 nology. 

10 (v) The Food and Drug Administra11 tion. 

12 (vi) The Veterans Health Administra13 tion within the Department of Veterans 

14 Affairs. 

15 (vii) The office within the Department 

16 of Defense responsible for management of 

17 the Department of Defense Military 

18 Health Care System. 

19 (B) QUALIFICATIONS.—At least half of the 

20 members of the Council shall be physicians or 

21 other experts with clinical expertise. 

22 (3) CHAIRMAN; VICE CHAIRMAN.—The Sec23 retary shall serve as Chairman of the Council and 

24 shall designate a member to serve as Vice Chairman. 

25 (d) REPORTS.— 


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1 (1) INITIAL REPORT.—Not later than June 30, 

2 2009, the Council shall submit to the President and 

3 the Congress a report containing information de4 scribing Federal activities on comparative effective5 ness research and recommendations for additional 

6 investments in such research conducted or supported 

7 from funds made available for allotment by the Sec8 retary for comparative effectiveness research in this 

9 Act. 

10 (2) ANNUAL REPORT.—The Council shall sub11 mit to the President and Congress an annual report 

12 regarding its activities and recommendations con13 cerning the infrastructure needs, appropriate organi14 zational expenditures and opportunities for better 

15 coordination of comparative effectiveness research by 

16 relevant Federal departments and agencies. 

17 (e) STAFFING; SUPPORT.—From funds made avail18 able for allotment by the Secretary for comparative effec19 tiveness research in this Act, the Secretary shall make 

20 available not more than 1 percent to the Council for staff 

21 and administrative support. 

22 SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECH23 NOLOGY. 

24 (a) IN GENERAL.—The Secretary of Health and 

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1 essary to allow for and promote the electronic exchange 

2 and use of health information for each individual in the 

3 United States consistent with the goals outlined in the 

4 Strategic Plan developed by the Office of the National Co5 ordinator for Health Information Technology. Such invest6 ment shall include investment in at least the following: 

7 (1) Health information technology architecture 

8 that will support the nationwide electronic exchange 

9 and use of health information in a secure, private, 

10 and accurate manner, including connecting health 

11 information exchanges, and which may include up12 dating and implementing the infrastructure nec13 essary within different agencies of the Department 

14 of Health and Human Services to support the elec15 tronic use and exchange of health information. 

16 (2) Integration of health information tech17 nology, including electronic medical records, into the 

18 initial and ongoing training of health professionals 

19 and others in the healthcare industry who would be 

20 instrumental to improving the quality of healthcare 

21 through the smooth and accurate electronic use and 

22 exchange of health information as determined by the 

23 Secretary. 

24 (3) Training on and dissemination of informa25 tion on best practices to integrate health information 


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1 technology, including electronic records, into a pro2 vider’s delivery of care, including community health 

3 centers receiving assistance under section 330 of the 

4 Public Health Service Act and providers partici5 pating in one or more of the programs under titles 

6 XVIII, XIX, and XXI of the Social Security Act (re7 lating to Medicare, Medicaid, and the State Chil8 drens Health Insurance Program). 

9 (4) Infrastructure and tools for the promotion 

10 of telemedicine, including coordination among Fed11 eral agencies in the promotion of telemedicine. 

12 (5) Promotion of the interoperability of clinical 

13 data repositories or registries. 

14 The Secretary shall implement paragraph (3) in coordina15 tion with State agencies administering the Medicaid pro16 gram and the State Children’s Health Insurance Program. 

17 (b) LIMITATION.—None of the funds appropriated to 

18 carry out this section may be used to make significant in19 vestments in, or provide significant funds for, the acquisi20 tion of hardware or software or for the use of an electronic 

21 health or medical record, or significant components there22 of, unless such investments or funds are for certified prod23 ucts that would permit the full and accurate electronic ex24 change and use of health information in a medical record, 

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1 provement functions adopted by the Office of the National 

2 Coordinator for Health Information Technology. 

3 (c) REPORT.—The Secretary shall annually report to 

4 the Committees on Energy and Commerce, on Ways and 

5 Means, on Science and Technology, and on Appropriations 

6 of the House of Representatives and the Committees on 

7 Finance, on Health, Education, Labor, and Pensions, and 

8 on Appropriations of the Senate on the uses of these funds 

9 and their impact on the infrastructure for the electronic 

10 exchange and use of health information. 

11 Subtitle C—Education 

12 DEPARTMENT OF EDUCATION 

13 EDUCATION FOR THE DISADVANTAGED

14 For an additional amount for ‘‘Education for the Dis15 advantaged’’ to carry out title I of the Elementary and 

16 Secondary Education Act of 1965 (‘‘ESEA’’), 

17 $13,000,000,000: Provided, That $5,500,000,000 shall be 

18 available for targeted grants under section 1125 of the 

19 ESEA, of which $2,750,000,000 shall become available on 

20 July 1, 2009, and shall remain available through Sep21 tember 30, 2010, and $2,750,000,000 shall become avail22 able on July 1, 2010, and shall remain available through 

23 September 30, 2011: Provided further, That 

24 $5,500,000,000 shall be available for education finance in25 centive grants under section 1125A of the ESEA, of which 


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1 $2,750,000,000 shall become available on July 1, 2009, 

2 and shall remain available through September 30, 2010, 

3 and $2,750,000,000 shall become available on July 1, 

4 2010, and shall remain available through September 30, 

5 2011: Provided further, That $2,000,000,000 shall be for 

6 school improvement grants under section 1003(g) of the 

7 ESEA, of which $1,000,000,000 shall become available on 

8 July 1, 2009, and shall remain available through Sep9 tember 30, 2010, and $1,000,000,000 shall become avail10 able on July 1, 2010, and shall remain available through 

11 September 30, 2011: Provided further, That the provisions 

12 of section 1106 of this Act shall not apply to this appro13 priation. 

14 IMPACT AID

15 For an additional amount for ‘‘Impact Aid’’ to carry 

16 out section 8007 of title VIII of the Elementary and Sec17 ondary Education Act of 1965, $100,000,000, which shall 

18 remain available through September 30, 2010: Provided, 

19 That the amount set aside from this appropriation pursu20 ant to section 1106 of this Act shall be 1 percent instead 

21 of the percentage specified in such section. 

22 SCHOOL IMPROVEMENT PROGRAMS

23 For an additional amount for ‘‘School Improvement 

24 Programs’’ to carry out subpart 1, part D of title II of 

25 the Elementary and Secondary Education Act of 1965 


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1 (‘‘ESEA’’), and subtitle B of title VII of the McKinney2 Vento Homeless Assistance Act, $1,066,000,000: Pro3 vided, That $1,000,000,000 shall be available for subpart 

4 1, part D of title II of the ESEA, of which $500,000,000 

5 shall become available on July 1, 2009, and shall remain 

6 available through September 30, 2010, and $500,000,000 

7 shall become available on July 1, 2010, and remain avail8 able through September 30, 2011: Provided further, That 

9 the provisions of section 1106 of this Act shall not apply 

10 to these funds: Provided further, That $66,000,000 shall 

11 be available for subtitle B of title VII of the McKinney12 Vento Homeless Assistance Act, of which $33,000,000 

13 shall become available on July 1, 2009, and shall remain 

14 available through September 30, 2010, and $33,000,000 

15 shall become available on July 1, 2010, and remain avail16 able through September 30, 2011. 

17 INNOVATION AND IMPROVEMENT

18 For an additional amount for ‘‘Innovation and Im19 provement’’ to carry out subpart 1, part D and subpart 

20 2, part B of title V of the Elementary and Secondary Edu21 cation Act of 1965 (‘‘ESEA’’), $225,000,000: Provided, 

22 That $200,000,000 shall be available for subpart 1, part 

23 D of title V of the ESEA: Provided further, That these 

24 funds shall be expended as directed in the fifth, sixth, and 

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1 provement’’ in the Department of Education Appropria2 tions Act, 2008: Provided further, That a portion of these 

3 funds shall also be used for a rigorous national evaluation 

4 by the Institute of Education Sciences, utilizing random5 ized controlled methodology to the extent feasible, that as6 sesses the impact of performance-based teacher and prin7 cipal compensation systems supported by the funds pro8 vided in this Act on teacher and principal recruitment and 

9 retention in high-need schools and subjects: Provided fur10 ther, That $25,000,000 shall be available for subpart 2, 

11 part B of title V of the ESEA: Provided further, That the 

12 amount set aside from this appropriation pursuant to sec13 tion 1106 of this Act shall be 1 percent instead of the 

14 percentage specified in such section. 

15 SPECIAL EDUCATION

16 For an additional amount for ‘‘Special Education’’ 

17 for carrying out section 611 and part C of the Individuals 

18 with Disabilities Education Act (‘‘IDEA’’), 

19 $13,600,000,000: Provided, That $13,000,000,000 shall 

20 be available for section 611 of the IDEA, of which 

21 $6,000,000,000 shall become available on July 1, 2009, 

22 and remain available through September 30, 2010, and 

23 $7,000,000,000 shall become available on July 1, 2010, 

24 and remain available through September 30, 2011: Pro25 vided further, That $600,000,000 shall be available for 


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1 part C of the IDEA, of which $300,000,000 shall become 

2 available on July 1, 2009, and remain available through 

3 September 30, 2010, and $300,000,000 shall become 

4 available on July 1, 2010, and remain available through 

5 September 30, 2011: Provided further, That by July 1, 

6 2009, the Secretary of Education shall reserve the amount 

7 needed for grants under section 643(e) of the IDEA from 

8 funds available for obligation on July 1, 2009, with any 

9 remaining funds to be allocated in accordance with section 

10 643(c) of the IDEA: Provided further, That by July 1, 

11 2010, the Secretary shall reserve the amount needed for 

12 grants under section 643(e) of the IDEA from funds avail13 able for obligation on July 1, 2010, with any remaining 

14 funds to be allocated in accordance with section 643(c) 

15 of the IDEA: Provided further, That if every State, as de16 fined by section 602(31) of the IDEA, reaches its max17 imum allocation under section 611(d)(3)(B)(iii) of the 

18 IDEA, and there are remaining funds, such funds shall 

19 be proportionally allocated to each State subject to the 

20 maximum amounts contained in section 611(a)(2) of the 

21 IDEA: Provided further, That the provisions of section 

22 1106 of this Act shall not apply to this appropriation. 

23 REHABILITATION SERVICES AND DISABILITY RESEARCH

24 For an additional amount for ‘‘Rehabilitation Serv25 ices and Disability Research’’ for providing grants to 


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1 States to carry out the Vocational Rehabilitation Services 

2 program under part B of title I and parts B and C of 

3 chapter 1 and chapter 2 of title VII of the Rehabilitation 

4 Act of 1973, $700,000,000: Provided, That $500,000,000 

5 shall be available for part B of title I of the Rehabilitation 

6 Act, of which $250,000,000 shall become available on Oc7 tober 1, 2009: Provided further, That funds provided here8 in shall not be considered in determining the amount re9 quired to be appropriated under section 100(b)(1) of the 

10 Rehabilitation Act of 1973 in any fiscal year: Provided fur11 ther, That, notwithstanding section 7(14)(A), the Federal 

12 share of the costs of vocational rehabilitation services pro13 vided with the funds provided herein shall be 100 percent: 

14 Provided further, That the provisions of section 1106 of 

15 this Act shall not apply to these funds: Provided further, 

16 That $200,000,000 shall be available for parts B and C 

17 of chapter 1 and chapter 2 of title VII of the Rehabilita18 tion Act, of which $100,000,000 shall become available on 

19 October 1, 2009: Provided further, That $34,775,000 shall 

20 be for State Grants, $114,581,000 shall be for inde21 pendent living centers, and $50,644,000 shall be for serv22 ices for older blind individuals. 

23 STUDENT FINANCIAL ASSISTANCE

24 For an additional amount for ‘‘Student Financial As25 sistance’’ to carry out subpart 1 of part A and part C 


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1 of title IV of the Higher Education Act of 1965 (‘‘HEA’’), 

2 $16,126,000,000, which shall remain available through 

3 September 30, 2011: Provided, That $15,636,000,000 

4 shall be available for subpart 1of part A of title IV of the 

5 HEA: Provided further, That $490,000,000 shall be avail6 able for part C of title IV of the HEA, of which 

7 $245,000,000 shall become available on October 1, 2009: 

8 Provided further, That the provisions of section 1106 of 

9 this Act shall not apply to this appropriation. 

10 The maximum Pell Grant for which a student shall 

11 be eligible during award year 2009-2010 shall be $4,860. 

12 STUDENT AID ADMINISTRATION

13 For an additional amount for ‘‘Student Aid Adminis14 tration’’ to carry out part D of title I, and subparts 1, 

15 3, and 4 of part A, and parts B, C, D, and E of title 

16 IV of the Higher Education Act of 1965, $50,000,000, 

17 which shall remain available through September 30, 2011: 

18 Provided, That such amount shall also be available for an 

19 independent audit of programs and activities authorized 

20 under section 459A of such Act: Provided further, That 

21 the provisions of section 1106 of this Act shall not apply 

22 to this appropriation. 

23 HIGHER EDUCATION

24 For an additional amount for ‘‘Higher Education’’ to 

25 carry out part A of title II of the Higher Education Act 


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1 of 1965, $100,000,000: Provided, That section 203(c)(1) 

2 of such Act shall not apply to awards made with these 

3 funds. 

4 INSTITUTE OF EDUCATION SCIENCES

5 For an additional amount for Institute of Education 

6 Sciences to carry out section 208 of the Educational Tech7 nical Assistance Act, $250,000,000, which may be used 

8 for Statewide data systems that include postsecondary and 

9 workforce information, of which up to $5,000,000 may be 

10 used for State data coordinators and for awards to public 

11 or private organizations or agencies to improve data co12 ordination: Provided, That the amount set aside from this 

13 appropriation pursuant to section 1106 of this Act shall 

14 be 1 percent instead of the percentage specified in such 

15 section. 

16 SCHOOL MODERNIZATION, RENOVATION, AND REPAIR

17 For carrying out section 9301 of this Act, 

18 $14,000,000,000: Provided, That amount available under 

19 section 9301 of this Act for administration and oversight 

20 shall take the place of the set-aside under section 1106 

21 of this Act. 

22 HIGHER EDUCATION MODERNIZATION, RENOVATION, 

23 AND REPAIR

24 For carrying out section 9302 of this Act, 

25 $6,000,000,000: Provided, That amount available under 


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1 section 9302 of this Act for administration and oversight 

2 shall take the place of the set-aside under section 1106 

3 of this Act. 

4 GENERAL PROVISIONS, THIS SUBTITLE 

5 SEC. 9301. 21ST CENTURY GREEN HIGH-PERFORMING PUB6 LIC SCHOOL FACILITIES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) The term ‘‘Bureau-funded school’’ has the 

9 meaning given to such term in section 1141 of the 

10 Education Amendments of 1978 (25 U.S.C. 2021). 

11 (2) The term ‘‘charter school’’ has the meaning 

12 given such term in section 5210 of the Elementary 

13 and Secondary Education Act of 1965. 

14 (3) The term ‘‘local educational agency’’— 

15 (A) has the meaning given to that term in 

16 section 9101 of the Elementary and Secondary 

17 Education Act of 1965, and shall also include 

18 the Recovery School District of Louisiana and 

19 the New Orleans Public Schools; and 

20 (B) includes any public charter school that 

21 constitutes a local educational agency under 

22 State law. 

23 (4) The term ‘‘outlying area’’— 

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1 monwealth of the Northern Mariana Islands; 

2 and 

3 (B) includes the freely associated states of 

4 the Republic of the Marshall Islands, the Fed5 erated States of Micronesia, and the Republic 

6 of Palau. 

7 (5) The term ‘‘public school facilities’’ includes 

8 charter schools. 

9 (6) The term ‘‘State’’ means each of the 50 

10 States, the District of Columbia, and the Common11 wealth of Puerto Rico. 

12 (7) The term ‘‘LEED Green Building Rating 

13 System’’ means the United States Green Building 

14 Council Leadership in Energy and Environmental 

15 Design green building rating standard referred to as 

16 the LEED Green Building Rating System. 

17 (8) The term ‘‘Energy Star’’ means the Energy 

18 Star program of the United States Department of 

19 Energy and the United States Environmental Pro20 tection Agency. 

21 (9) The term ‘‘CHPS Criteria’’ means the 

22 green building rating program developed by the Col23 laborative for High Performance Schools. 


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1 (10) The term ‘‘Green Globes’’ means the 

2 Green Building Initiative environmental design and 

3 rating system referred to as Green Globes. 

4 (b) PURPOSE.—Grants under this section shall be for 

5 the purpose of modernizing, renovating, or repairing pub6 lic school facilities, based on their need for such improve7 ments, to be safe, healthy, high-performing, and up-to8 date technologically. 

9 (c) ALLOCATION OF FUNDS.— 

10 (1) RESERVATIONS.— 

11 (A) IN GENERAL.—From the amount ap12 propriated to carry out this section, the Sec13 retary of Education shall reserve 1 percent of 

14 such amount, consistent with the purpose de15 scribed in subsection (b)— 

16 (i) to provide assistance to the out17 lying areas; and 

18 (ii) for payments to the Secretary of 

19 the Interior to provide assistance to Bu20 reau-funded schools. 

21 (B) ADMINISTRATION AND OVERSIGHT.— 

22 The Secretary may, in addition, reserve up to 

23 $6,000,000 of such amount for administration 

24 and oversight of this section. 

25 (2) ALLOCATION TO STATES.— 


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1 (A) STATE-BY-STATE ALLOCATION.—Of 

2 the amount appropriated to carry out this sec3 tion, and not reserved under paragraph (1), 

4 each State shall be allocated an amount in pro5 portion to the amount received by all local edu6 cational agencies in the State under part A of 

7 title I of the Elementary and Secondary Edu8 cation Act of 1965 for fiscal year 2008 relative 

9 to the total amount received by all local edu10 cational agencies in every State under such part 

11 for such fiscal year. 

12 (B) STATE ADMINISTRATION.—A State 

13 may reserve up to 1 percent of its allocation 

14 under subparagraph (A) to carry out its respon15 sibilities under this section, including— 

16 (i) providing technical assistance to 

17 local educational agencies; 

18 (ii) developing, within 6 months of re19 ceiving its allocation under subparagraph 

20 (A), a plan to develop a database that in21 cludes an inventory of public school facili22 ties in the State and the modernization, 

23 renovation, and repair needs of, energy use 

24 by, and the carbon footprint of such 

25 schools; and 


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1 (iii) developing a school energy effi2 ciency quality plan. 

3 (C) GRANTS TO LOCAL EDUCATIONAL

4 AGENCIES.—From the amount allocated to a 

5 State under subparagraph (A), each local edu6 cational agency in the State that meets the re7 quirements of section 1112(a) of the Elemen8 tary and Secondary Education Act of 1965 

9 shall receive an amount in proportion to the 

10 amount received by such local educational agen11 cy under part A of title I of that Act for fiscal 

12 year 2008 relative to the total amount received 

13 by all local educational agencies in the State 

14 under such part for such fiscal year, except that 

15 no local educational agency that received funds 

16 under part A of title I of that Act for such fis17 cal year shall receive a grant of less than 

18 $5,000. 

19 (D) SPECIAL RULE.—Section 1122(c)(3) 

20 of the Elementary and Secondary Education 

21 Act of 1965 shall not apply to subparagraph 

22 (A) or (C). 

23 (3) SPECIAL RULES.— 

24 (A) DISTRIBUTIONS BY SECRETARY.—The 

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1 tribute the reservations and allocations de2 scribed in paragraphs (1) and (2) not later than 

3 30 days after the date of the enactment of this 

4 Act. 

5 (B) DISTRIBUTIONS BY STATES.—A State 

6 shall make and distribute the allocations de7 scribed in paragraph (2)(C) within 30 days of 

8 receiving such funds from the Secretary. 

9 (d) USE IT OR LOSE IT REQUIREMENTS.— 

10 (1) DEADLINE FOR BINDING COMMITMENTS.— 

11 Each local educational agency receiving funds under 

12 this section shall enter into contracts or other bind13 ing commitments not later than 1 year after the 

14 date of the enactment of this Act (or not later than 

15 9 months after such funds are awarded, if later) to 

16 make use of 50 percent of such funds, and shall 

17 enter into contracts or other binding commitments 

18 not later than 2 years after the date of the enact19 ment of this Act (or not later than 21 months after 

20 such funds are awarded, if later) to make use of the 

21 remaining funds. In the case of activities to be car22 ried out directly by a local educational agency (rath23 er than by contracts, subgrants, or other arrange24 ments with third parties), a certification by the 

25 agency specifying the amounts, planned timing, and 


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1 purpose of such expenditures shall be deemed a 

2 binding commitment for purposes of this subsection. 

3 (2) REDISTRIBUTION OF UNCOMMITTED

4 FUNDS.—A State shall recover or deobligate any 

5 funds not committed in accordance with paragraph 

6 (1), and redistribute such funds to other local edu7 cational agencies eligible under this section and able 

8 to make use of such funds in a timely manner (in9 cluding binding commitments within 120 days after 

10 the reallocation). 

11 (e) ALLOWABLE USES OF FUNDS.—A local edu12 cational agency receiving a grant under this section shall 

13 use the grant for modernization, renovation, or repair of 

14 public school facilities, including— 

15 (1) repairing, replacing, or installing roofs, in16 cluding extensive, intensive or semi-intensive green 

17 roofs, electrical wiring, plumbing systems, sewage 

18 systems, lighting systems, or components of such 

19 systems, windows, or doors, including security doors; 

20 (2) repairing, replacing, or installing heating, 

21 ventilation, air conditioning systems, or components 

22 of such systems (including insulation), including in23 door air quality assessments; 

24 (3) bringing public schools into compliance with 

25 fire, health, and safety codes, including professional 


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1 installation of fire/life safety alarms, including mod2 ernizations, renovations, and repairs that ensure 

3 that schools are prepared for emergencies, such as 

4 improving building infrastructure to accommodate 

5 security measures; 

6 (4) modifications necessary to make public 

7 school facilities accessible to comply with the Ameri8 cans with Disabilities Act of 1990 (42 U.S.C. 12101 

9 et seq.) and section 504 of the Rehabilitation Act of 

10 1973 (29 U.S.C. 794), except that such modifica11 tions shall not be the primary use of the grant; 

12 (5) asbestos or polychlorinated biphenyls abate13 ment or removal from public school facilities; 

14 (6) implementation of measures designed to re15 duce or eliminate human exposure to lead-based 

16 paint hazards through methods including interim 

17 controls, abatement, or a combination of each; 

18 (7) implementation of measures designed to re19 duce or eliminate human exposure to mold or mil20 dew; 

21 (8) upgrading or installing educational tech22 nology infrastructure to ensure that students have 

23 access to up-to-date educational technology; 


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1 (9) technology activities that are carried out in 

2 connection with school repair and renovation, includ3 ing— 

4 (A) wiring; 

5 (B) acquiring hardware and software; 

6 (C) acquiring connectivity linkages and re7 sources; and 

8 (D) acquiring microwave, fiber optics, 

9 cable, and satellite transmission equipment; 

10 (10) modernization, renovation, or repair of 

11 science and engineering laboratory facilities, librar12 ies, and career and technical education facilities, in13 cluding those related to energy efficiency and renew14 able energy, and improvements to building infra15 structure to accommodate bicycle and pedestrian ac16 cess; 

17 (11) renewable energy generation and heating 

18 systems, including solar, photovoltaic, wind, geo19 thermal, or biomass, including wood pellet, systems 

20 or components of such systems; 

21 (12) other modernization, renovation, or repair 

22 of public school facilities to— 

23 (A) improve teachers’ ability to teach and 

24 students’ ability to learn; 


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1 (B) ensure the health and safety of stu2 dents and staff; 

3 (C) make them more energy efficient; or 

4 (D) reduce class size; and 

5 (13) required environmental remediation related 

6 to public school modernization, renovation, or repair 

7 described in paragraphs (1) through (12). 

8 (f) IMPERMISSIBLE USES OF FUNDS.—No funds re9 ceived under this section may be used for— 

10 (1) payment of maintenance costs; or 

11 (2) stadiums or other facilities primarily used 

12 for athletic contests or exhibitions or other events 

13 for which admission is charged to the general public. 

14 (g) SUPPLEMENT, NOT SUPPLANT.—A local edu15 cational agency receiving a grant under this section shall 

16 use such Federal funds only to supplement and not sup17 plant the amount of funds that would, in the absence of 

18 such Federal funds, be available for modernization, ren19 ovation, or repair of public school facilities. 

20 (h) PROHIBITION REGARDING STATE AID.—A State 

21 shall not take into consideration payments under this sec22 tion in determining the eligibility of any local educational 

23 agency in that State for State aid, or the amount of State 

24 aid, with respect to free public education of children. 


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1 (i) SPECIAL RULE ON CONTRACTING.—Each local 

2 educational agency receiving a grant under this section 

3 shall ensure that, if the agency carries out modernization, 

4 renovation, or repair through a contract, the process for 

5 any such contract ensures the maximum number of quali6 fied bidders, including local, small, minority, and women7 and veteran-owned businesses, through full and open com8 petition. 

9 (j) SPECIAL RULE ON USE OF IRON AND STEEL

10 PRODUCED IN THE UNITED STATES.— 

11 (1) IN GENERAL.—A local educational agency 

12 shall not obligate or expend funds received under 

13 this section for a project for the modernization, ren14 ovation, or repair of a public school facility unless all 

15 of the iron and steel used in such project is pro16 duced in the United States. 

17 (2) EXCEPTIONS.—The provisions of paragraph 

18 (1) shall not apply in any case in which the local 

19 educational agency finds that— 

20 (A) their application would be inconsistent 

21 with the public interest; 

22 (B) iron and steel are not produced in the 

23 United States in sufficient and reasonably 

24 available quantities and of a satisfactory qual25 ity; or 


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1 (C) inclusion of iron and steel produced in 

2 the United States will increase the cost of the 

3 overall project contract by more than 25 per4 cent. 

5 (k) APPLICATION OF GEPA.—The grant program 

6 under this section is an applicable program (as that term 

7 is defined in section 400 of the General Education Provi8 sions Act (20 U.S.C. 1221)) subject to section 439 of such 

9 Act (20 U.S.C. 1232b). 

10 (l) CHARTER SCHOOLS.—A local educational agency 

11 receiving an allocation under this section shall use an equi12 table portion of that allocation for allowable activities ben13 efitting charter schools within its jurisdiction, as deter14 mined based on the percentage of students from low-in15 come families in the schools of the agency who are enrolled 

16 in charter schools and on the needs of those schools as 

17 determined by the agency. 

18 (m) GREEN SCHOOLS.— 

19 (1) IN GENERAL.—A local educational agency 

20 shall use not less than 25 percent of the funds re21 ceived under this section for public school mod22 ernization, renovation, or repairs that are certified, 

23 verified, or consistent with any applicable provisions 

24 of— 


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1 (A) the LEED Green Building Rating Sys2 tem; 

3 (B) Energy Star; 

4 (C) the CHPS Criteria; 

5 (D) Green Globes; or 

6 (E) an equivalent program adopted by the 

7 State or another jurisdiction with authority over 

8 the local educational agency. 

9 (2) TECHNICAL ASSISTANCE.—The Secretary, 

10 in consultation with the Secretary of Energy and the 

11 Administrator of the Environmental Protection 

12 Agency, shall provide outreach and technical assist13 ance to States and school districts concerning the 

14 best practices in school modernization, renovation, 

15 and repair, including those related to student aca16 demic achievement and student and staff health, en17 ergy efficiency, and environmental protection. 

18 (n) YOUTHBUILD PROGRAMS.—The Secretary of 

19 Education, in consultation with the Secretary of Labor, 

20 shall work with recipients of funds under this section to 

21 promote appropriate opportunities for participants in a 

22 YouthBuild program (as defined in section 173A of the 

23 Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to 

24 gain employment experience on modernization, renovation, 

25 and repair projects funded under this section. 


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1 (o) REPORTING.— 

2 (1) REPORTS BY LOCAL EDUCATIONAL AGEN3 CIES.—Local educational agencies receiving a grant 

4 under this section shall compile, and submit to the 

5 State educational agency (which shall compile and 

6 submit such reports to the Secretary), a report de7 scribing the projects for which such funds were used, 

8 including— 

9 (A) the number of public schools in the 

10 agency, including the number of charter 

11 schools; 

12 (B) the total amount of funds received by 

13 the local educational agency under this section 

14 and the amount of such funds expended, includ15 ing the amount expended for modernization, 

16 renovation, and repair of charter schools; 

17 (C) the number of public schools in the 

18 agency with a metro-centric locale code of 41, 

19 42, or 43 as determined by the National Center 

20 for Education Statistics and the percentage of 

21 funds received by the agency under this section 

22 that were used for projects at such schools; 

23 (D) the number of public schools in the 

24 agency that are eligible for schoolwide programs 

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1 ondary Education Act of 1965 and the percent2 age of funds received by the agency under this 

3 section that were used for projects at such 

4 schools; 

5 (E) the cost of each project, which, if any, 

6 of the standards described in subsection (k)(1) 

7 the project met, and any demonstrable or ex8 pected academic, energy, or environmental ben9 efits as a result of the project; 

10 (F) if flooring was installed, whether— 

11 (i) it was low- or no-VOC (Volatile 

12 Organic Compounds) flooring; 

13 (ii) it was made from sustainable ma14 terials; and 

15 (iii) use of flooring described in clause 

16 (i) or (ii) was cost effective; and 

17 (G) the total number and amount of con18 tracts awarded, and the number and amount of 

19 contracts awarded to local, small, minority20 owned, women-owned, and veteran-owned busi21 nesses. 

22 (2) REPORTS BY SECRETARY.—Not later than 

23 December 31, 2011, the Secretary of Education 

24 shall submit to the Committees on Education and 

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1 resentatives and the Committees on Health, Edu2 cation, Labor, and Pensions and Appropriations of 

3 the Senate a report on grants made under this sec4 tion, including the information described in para5 graph (1), the types of modernization, renovation, 

6 and repair funded, and the number of students im7 pacted, including the number of students counted 

8 under section 1113(a)(5) of the Elementary and 

9 Secondary Education Act of 1965. 

10 SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVA11 TION, AND REPAIR. 

12 (a) PURPOSE.—Grants awarded under this section 

13 shall be for the purpose of modernizing, renovating, and 

14 repairing institution of higher education facilities that are 

15 primarily used for instruction, research, or student hous16 ing. 

17 (b) GRANTS TO STATE HIGHER EDUCATION AGEN18 CIES.— 

19 (1) FORMULA.—From the amounts appro20 priated to carry out this section, the Secretary of 

21 Education shall allocate funds to State higher edu22 cation agencies based on the number of students at23 tending institutions of higher education, with the 

24 State higher education agency in each State receiv25 ing an amount that is in proportion to the number 


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1 of full-time equivalent undergraduate students at2 tending institutions of higher education in such 

3 State for the most recent fiscal year for which there 

4 are data available, relative to the total number of 

5 full-time equivalent undergraduate students attend6 ing institutions of higher education in all States for 

7 such fiscal year. 

8 (2) APPLICATION.—To be eligible to receive an 

9 allocation from the Secretary under paragraph (1), 

10 a State higher education agency shall submit an ap11 plication to the Secretary at such time and in such 

12 manner as the Secretary may reasonably require. 

13 (3) REALLOCATION.—Amounts allocated to a 

14 State higher education agency under this section 

15 that are not obligated by such agency within 6 

16 months of the date the agency receives such 

17 amounts shall be returned to the Secretary, and the 

18 Secretary shall reallocate such amounts to State 

19 higher education agencies in other States on the 

20 same basis as the original allocations under para21 graph (1)(B). 

22 (4) ADMINISTRATION AND OVERSIGHT EX23 PENSES.—From the amounts appropriated to carry 

24 out this section, not more than $6,000,000 shall be 

25 available to the Secretary for administrative and 


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1 oversight expenses related to carrying out this sec2 tion. 

3 (c) USE OF GRANTS BY STATE HIGHER EDUCATION

4 AGENCIES.— 

5 (1) SUBGRANTS TO INSTITUTIONS OF HIGHER

6 EDUCATION.— 

7 (A) IN GENERAL.—Except as provided in 

8 paragraph (2), each State higher education 

9 agency receiving an allocation under subsection 

10 (b)(1) shall use the amount allocated to award 

11 subgrants to institutions of higher education 

12 within the State to carry out projects in accord13 ance with subsection (d)(1). 

14 (B) SUBGRANT AWARD ALLOCATION.—A 

15 State higher education agency shall award sub16 grants to institutions of higher education under 

17 this section based on the demonstrated need of 

18 each institution for facility modernization, ren19 ovation, and repair. 

20 (C) PRIORITY CONSIDERATIONS.—In 

21 awarding subgrants under this section, each 

22 State higher education agency shall give pri23 ority consideration to institutions of higher edu24 cation with any of the following characteristics: 


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1 (i) The institution is eligible for Fed2 eral assistance under title III or title V of 

3 the Higher Education Act of 1965. 

4 (ii) The institution was impacted by a 

5 major disaster or emergency declared by 

6 the President (as defined in section 102(2) 

7 of the Robert T. Stafford Disaster Relief 

8 and Emergency Assistance Act (42 U.S.C. 

9 5122(2))), including an institution affected 

10 by a Gulf hurricane disaster, as such term 

11 is defined in section 824(g)(1) of the High12 er Education Act of 1965 (20 U.S.C. 

13 11611–3(g)(1)). 

14 (iii) The institution demonstrates that 

15 the proposed project or projects to be car16 ried out with a subgrant under this section 

17 will increase the energy efficiency of the in18 stitution’s facilities and comply with the 

19 LEED Green Building Rating System. 

20 (2) ADMINISTRATIVE AND OVERSIGHT EX21 PENSES.—Of the allocation amount received under 

22 subsection (b)(1), a State higher education agency 

23 may reserve not more than 5 percent of such 

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1 trative and oversight expenses related to carrying 

2 out this section. 

3 (d) USE OF SUBGRANTS BY INSTITUTIONS OF HIGH4 ER EDUCATION.— 

5 (1) PERMISSIBLE USES OF FUNDS.—An institu6 tion of higher education receiving a subgrant under 

7 this section shall use such subgrant to modernize, 

8 renovate, or repair facilities of the institution that 

9 are primarily used for instruction, research, or stu10 dent housing, which may include any of the fol11 lowing: 

12 (A) Repair, replacement, or installation of 

13 roofs, electrical wiring, plumbing systems, sew14 age systems, or lighting systems. 

15 (B) Repair, replacement, or installation of 

16 heating, ventilation, or air conditioning systems 

17 (including insulation). 

18 (C) Compliance with fire and safety codes, 

19 including— 

20 (i) professional installation of fire or 

21 life safety alarms; and 

22 (ii) modernizations, renovations, and 

23 repairs that ensure that the institution’s 

24 facilities are prepared for emergencies, 


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1 such as improving building infrastructure 

2 to accommodate security measures. 

3 (D) Retrofitting necessary to increase the 

4 energy efficiency of the institution’s facilities. 

5 (E) Renovations to the institution’s facili6 ties necessary to comply with accessibility re7 quirements in the Americans with Disabilities 

8 Act of 1990 (42 U.S.C. 12101 et seq.) and sec9 tion 504 of the Rehabilitation Act of 1973 (29 

10 U.S.C. 794). 

11 (F) Abatement or removal of asbestos from 

12 the institution’s facilities. 

13 (G) Modernization, renovation, and repair 

14 relating to improving science and engineering 

15 laboratories, libraries, and instructional facili16 ties. 

17 (H) Upgrading or installation of edu18 cational technology infrastructure. 

19 (I) Installation or upgrading of renewable 

20 energy generation and heating systems, includ21 ing solar, photovoltaic, wind, biomass (including 

22 wood pellet), or geothermal systems, or compo23 nents of such systems. 


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1 (J) Other modernization, renovation, or re2 pair projects that are primarily for instruction, 

3 research, or student housing. 

4 (2) GREEN SCHOOL REQUIREMENT.—An insti5 tution of higher education receiving a subgrant 

6 under this section shall use not less than 25 percent 

7 of such subgrant to carry out projects for mod8 ernization, renovation, or repair that are certified, 

9 verified, or consistent with the applicable provisions 

10 of— 

11 (A) the LEED Green Building Rating Sys12 tem; 

13 (B) Energy Star; 

14 (C) the CHPS Criteria; 

15 (D) Green Globes; or 

16 (E) an equivalent program adopted by the 

17 State or the State higher education agency. 

18 (3) PROHIBITED USES OF FUNDS.—No funds 

19 awarded under this section may be used for— 

20 (A) the maintenance of systems, equip21 ment, or facilities, including maintenance asso22 ciated with any permissible uses of funds de23 scribed in paragraph (1); 

24 (B) modernization, renovation, or repair of 

25 stadiums or other facilities primarily used for 


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1 athletic contests or exhibitions or other events 

2 for which admission is charged to the general 

3 public; 

4 (C) modernization, renovation, or repair of 

5 facilities— 

6 (i) used for sectarian instruction, reli7 gious worship, or a school or department 

8 of divinity; or 

9 (ii) in which a substantial portion of 

10 the functions of the facilities are subsumed 

11 in a religious mission; or 

12 (D) construction of new facilities. 

13 (4) USE IT OR LOSE IT REQUIREMENTS.— 

14 (A) DEADLINE FOR BINDING COMMIT15 MENTS.—Each institution of higher education 

16 receiving a subgrant under this section shall 

17 enter into contracts or other binding commit18 ments not later than 1 year after the date of 

19 the enactment of this Act (or not later than 9 

20 months after the subgrant is awarded, if later) 

21 to make use of 50 percent of the funds award22 ed, and shall enter into contracts or other bind23 ing commitments not later than 2 years after 

24 the date of the enactment of this Act (or not 

25 later than 21 months after the subgrant is 


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1 awarded, if later) to make use of the remaining 

2 funds. In the case of activities to be carried out 

3 directly by an institution of higher education re4 ceiving such a subgrant (rather than by con5 tracts, subgrants, or other arrangements with 

6 third parties), a certification by the institution 

7 specifying the amounts, planned timing, and 

8 purpose of such expenditures shall be deemed a 

9 binding commitment for purposes of this sec10 tion. 

11 (B) REDISTRIBUTION OF UNCOMMITTED

12 FUNDS.—A State higher education agency shall 

13 recover or deobligate any subgrant funds not 

14 committed in accordance with subparagraph 

15 (A), and redistribute such funds to other insti16 tutions of higher education that are— 

17 (i) eligible for subgrants under this 

18 section; and 

19 (ii) able to make use of such funds in 

20 a timely manner (including binding com21 mitments within 120 days after the re22 allocation). 

23 (e) APPLICATION OF GEPA.—The grant program au24 thorized in this section is an applicable program (as that 

25 term is defined in section 400 of the General Education 


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1 Provisions Act (20 U.S.C. 1221)) subject to section 439 

2 of such Act (20 U.S.C. 1232b). The Secretary shall, not3 withstanding section 437 of such Act (20 U.S.C. 1232) 

4 and section 553 of title 5, United States Code, establish 

5 such program rules as may be necessary to implement 

6 such grant program by notice in the Federal Register. 

7 (f) REPORTING.— 

8 (1) REPORTS BY INSTITUTIONS.—Not later 

9 than September 30, 2011, each institution of higher 

10 education receiving a subgrant under this section 

11 shall submit to the State higher education agency 

12 awarding such subgrant a report describing the 

13 projects for which such subgrant was received, in14 cluding— 

15 (A) a description of each project carried 

16 out, or planned to be carried out, with such 

17 subgrant, including the types of modernization, 

18 renovation, and repair to be completed by each 

19 such project; 

20 (B) the total amount of funds received by 

21 the institution under this section and the 

22 amount of such funds expended, as of the date 

23 of the report, on the such projects; 

24 (C) the actual or planned cost of each such 

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1 demic, energy, or environmental benefits result2 ing from such project; and 

3 (D) the total number of contracts, and 

4 amount of funding for such contracts, awarded 

5 by the institution to carry out such projects, as 

6 of the date of such report, including the num7 ber of contracts, and amount of funding for 

8 such contracts, awarded to local, small, minor9 ity-owned, women-owned, and veteran-owned 

10 businesses, as such terms are defined by the 

11 Small Business Act. 

12 (2) REPORTS BY STATES.—Not later than De13 cember 31, 2011, each State higher education agen14 cy receiving a grant under this section shall submit 

15 to the Secretary a report containing a compilation of 

16 all of the reports under paragraph (1) submitted to 

17 the agency by institutions of higher education. 

18 (3) REPORTS BY THE SECRETARY.—Not later 

19 than March 31, 2012, the Secretary shall submit to 

20 the Committee on Education and Labor in the 

21 House of Representatives and the Committee on 

22 Health, Education, Labor, and Pensions in the Sen23 ate and Committees on Appropriations of the House 

24 of Representatives and the Senate a report on 


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1 grants and subgrants made under this section, in2 cluding the information described in paragraph (1). 

3 (g) DEFINITIONS.—In this section: 

4 (1) CHPS CRITERIA.—The term ‘‘CHPS Cri5 teria’’ means the green building rating program de6 veloped by the Collaborative for High Performance 

7 Schools. 

8 (2) ENERGY STAR.—The term ‘‘Energy Star’’ 

9 means the Energy Star program of the United 

10 States Department of Energy and the United States 

11 Environmental Protection Agency. 

12 (3) GREEN GLOBES.—The term ‘‘Green 

13 Globes’’ means the Green Building Initiative envi14 ronmental design and rating system referred to as 

15 Green Globes. 

16 (4) INSTITUTION OF HIGHER EDUCATION.—The 

17 term ‘‘institution of higher education’’ has the 

18 meaning given such term in section 101 of the High19 er Education Act of 1965. 

20 (5) LEED GREEN BUILDING RATING SYS21 TEM.—The term ‘‘LEED Green Building Rating 

22 System’’ means the United States Green Building 

23 Council Leadership in Energy and Environmental 

24 Design green building rating standard referred to as 

25 the LEED Green Building Rating System. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Education. 

3 (7) STATE.—The term ‘‘State’’ has the mean4 ing given such term in section 103 of the Higher 

5 Education Act of 1965 (20 U.S.C. 1003). 

6 (8) STATE HIGHER EDUCATION AGENCY.—The 

7 term ‘‘State higher education agency’’ has the mean8 ing given such term in section 103 of the Higher 

9 Education Act of 1965 (20 U.S.C. 1003). 

10 SEC. 9303. MANDATORY PELL GRANTS. 

11 Section 401(b)(9)(A) of the Higher Education Act of 

12 1965 (20 U.S.C. 1070a(b)(9)(A)) is amended— 

13 (1) in clause (ii), by striking ‘‘$2,090,000,000’’ 

14 and inserting ‘‘$2,733,000,000’’; and 

15 (2) in clause (iii), by striking ‘‘$3,030,000,000’’ 

16 and inserting ‘‘$3,861,000,000’’. 

17 SEC. 9304. INCREASE STUDENT LOAN LIMITS. 

18 (a) AMENDMENTS.—Section 428H(d) of the Higher 

19 Education Act of 1965 (20 U.S.C. 1078-8(d)) is amend20 ed— 

21 (1) in paragraph (3)— 

22 (A) in subparagraph (A), by striking 

23 ‘‘$2,000’’ and inserting ‘‘$4,000’’; and 

24 (B) in subparagraph (B), by striking 

25 ‘‘$31,000’’ and inserting ‘‘$39,000’’; and 


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1 (2) in paragraph (4)— 

2 (A) in subparagraph (A)— 

3 (i) in clause (i)(I) and clause (iii)(I), 

4 by striking ‘‘$6,000’’ each place it appears 

5 and inserting ‘‘$8,000’’; and 

6 (ii) in clause (ii)(I) and clause 

7 (iii)(II), by striking ‘‘$7,000’’ each place it 

8 appears and inserting ‘‘$9,000’’; and 

9 (B) in subparagraph (B), by striking 

10 ‘‘$57,500’’ and inserting ‘‘$65,500’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall be effective for loans first disbursed on 

13 or after January 1, 2009. 

14 SEC. 9305. STUDENT LENDER SPECIAL ALLOWANCE. 

15 (a) TEMPORARY CALCULATION RULE.—Section 

16 438(b)(2)(I) of the Higher Education Act of 1965 (20 

17 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end 

18 the following new clause: 

19 ‘‘(vii) TEMPORARY CALCULATION

20 RULE DURING UNSTABLE COMMERCIAL

21 PAPER MARKETS.— 

22 ‘‘(I) CALCULATION BASED ON

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1 puting the special allowance paid pur2 suant to this subsection with respect 

3 to loans for which the first disburse4 ment is made on or after January 1, 

5 2000, clause (i)(I) of this subpara6 graph shall be applied by substituting 

7 ‘the rate that is the average rate of 

8 the 3-month London Inter Bank Of9 fered Rate (LIBOR) for United 

10 States dollars in effect for each of the 

11 days in such quarter as compiled and 

12 released by the British Bankers Asso13 ciation, minus 0.13 percent,’ for ‘the 

14 average of the bond equivalent rates 

15 of the quotes of the 3-month commer16 cial paper (financial) rates in effect 

17 for each of the days in such quarter 

18 as reported by the Federal Reserve in 

19 Publication H–15 (or its successor) 

20 for such 3-month period’. 

21 ‘‘(II) PARTICIPATION INTER22 ESTS.—Notwithstanding subclause (I) 

23 of this clause, the special allowance 

24 paid on any loan held by a lender that 

25 has sold participation interests in 


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1 such loan to the Secretary shall be the 

2 rate computed under this subpara3 graph without regard to subclause (I) 

4 of this clause, unless the lender agrees 

5 that the participant’s yield with re6 spect to such participation interest is 

7 to be calculated in accordance with 

8 subclause (I) of this clause.’’. 

9 (b) CONFORMING AMENDMENTS.—Section 

10 438(b)(2)(I) of the Higher Education Act of 1965 (20 

11 U.S.C. 1087-1(b)(2)(I)) is further amended— 

12 (1) in clause (i)(II), by striking ‘‘such average 

13 bond equivalent rate’’ and inserting ‘‘the rate deter14 mined under subclause (I)’’; and 

15 (2) in clause (v)(III), by striking ‘‘(iv), and 

16 (vi)’’ and inserting ‘‘(iv), (vi), and (vii)’’. 

17 Subtitle D—Related Agencies 

18 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

19 OPERATING EXPENSES

20 For an additional amount for ‘‘Operating Expenses’’ 

21 to carry out the Domestic Volunteer Service Act of 1973 

22 and the National and Community Service Act of 1990 

23 (‘‘1990 Act’’), $160,000,000, which shall be used to ex24 pand existing AmeriCorps grants: Provided, That funds 

25 made available under this heading may be used to provide 


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1 adjustments to awards made prior to September 30, 2010 

2 in order to waive the match requirement authorized in sec3 tion 121(e)(4) of part I of subtitle C of the 1990 Act, 

4 if the Chief Executive Officer of the Corporation for Na5 tional and Community Service (‘‘CEO’’) determines that 

6 the grantee has reduced capacity to meet this requirement: 

7 Provided further, That in addition to requirements identi8 fied herein, funds provided under this heading shall be 

9 subject to the terms and conditions under which funds are 

10 appropriated in fiscal year 2009: Provided further, That 

11 the CEO shall provide the Committees on Appropriations 

12 of the House of Representatives and the Senate a fiscal 

13 year 2009 operating plan for the funds appropriated under 

14 this heading prior to making any Federal obligations of 

15 such funds in fiscal year 2009, but not later than 90 days 

16 after the date of enactment of this Act, and a fiscal year 

17 2010 operating plan for such funds prior to making any 

18 Federal obligations of such funds in fiscal year 2010, but 

19 not later than November 1, 2009, that detail the allocation 

20 of resources and the increased number of volunteers sup21 ported by the AmeriCorps programs: Provided further, 

22 That the CEO shall provide to the Committees on Appro23 priations of the House of Representatives and the Senate 

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1 ing not later than November 1, 2009, and every 6 months 

2 thereafter as long as funding provided under this heading 

3 is available for obligation or expenditure. 

4 NATIONAL SERVICE TRUST

5 (INCLUDING TRANSFER OF FUNDS) 

6 For an additional amount for ‘‘National Service 

7 Trust’’ established under subtitle D of title I of the Na8 tional and Community Service Act of 1990 (‘‘1990 Act’’), 

9 $40,000,000, which shall remain available until expended: 

10 Provided, That the Corporation for National and Commu11 nity Service may transfer additional funds from the 

12 amount provided within ‘‘Operating Expenses’’ for grants 

13 made under subtitle C of the 1990 Act to this appropria14 tion upon determination that such transfer is necessary 

15 to support the activities of national service participants 

16 and after notice is transmitted to the Committees on Ap17 propriations of the House of Representatives and the Sen18 ate: Provided further, That the amount appropriated for 

19 or transferred to the National Service Trust may be in20 vested under section 145(b) of the 1990 Act without re21 gard to the requirement to apportion funds under 31 

22 U.S.C. 1513(b). 


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1 SOCIAL SECURITY ADMINISTRATION

2 LIMITATION ON ADMINISTRATIVE EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Limitation on Admin5 istrative Expenses’’, $900,000,000, which shall be used as 

6 follows: 

7 (1) $400,000,000 for the construction and asso8 ciated costs to establish a new National Computer 

9 Center, which may include lease or purchase of real 

10 property: Provided, That the construction plan and 

11 site selection for such center shall be subject to re12 view and approval by the Office of Management and 

13 Budget: Provided further, That the Committees on 

14 Appropriations of the House of Representatives and 

15 the Senate shall be notified 15 days in advance of 

16 the lease or purchase of such site: Provided further, 

17 That such center shall continue to be a government18 operated facility; and 

19 (2) $500,000,000 for processing disability and 

20 retirement workloads: Provided, That up to 

21 $40,000,000 may be used by the Commissioner of 

22 Social Security for health information technology re23 search and activities to facilitate the adoption of 

24 electronic medical records in disability claims, in25 cluding the transfer of funds to ‘‘Supplemental SeVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 curity Income Program’’ to carry out activities 

2 under section 1110 of the Social Security Act. 

3 TITLE X—MILITARY CONSTRUC4 TION AND VETERANS AF5 FAIRS 

6 DEPARTMENT OF DEFENSE 

7 MILITARY CONSTRUCTION, ARMY

8 For an additional amount for ‘‘Military Construction, 

9 Army’’, $920,000,000: Provided, That notwithstanding 

10 any other provision of law, such funds may be obligated 

11 and expended to carry out planning and design and mili12 tary construction projects in the United States not other13 wise authorized by law: Provided further, That of the 

14 amount provided under this heading, $600,000,000 shall 

15 be for training and recruit troop housing, $220,000,000 

16 shall be for permanent party troop housing, and 

17 $100,000,000 shall be for child development centers: Pro18 vided further, That not later than 30 days after the date 

19 of enactment of this Act, the Secretary of Defense shall 

20 submit to the Committees on Appropriations of the House 

21 of Representatives and the Senate an expenditure plan for 

22 funds provided under this heading. 

23 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

24 For an additional amount for ‘‘Military Construction, 

25 Navy and Marine Corps’’, $350,000,000: Provided, That 


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1 notwithstanding any other provision of law, such funds 

2 may be obligated and expended to carry out planning and 

3 design and military construction projects in the United 

4 States not otherwise authorized by law: Provided further, 

5 That of the amount provided under this heading, 

6 $170,000,000 shall be for sailor and marine housing and 

7 $180,000,000 shall be for child development centers: Pro8 vided further, That not later than 30 days after the date 

9 of enactment of this Act, the Secretary of Defense shall 

10 submit to the Committees on Appropriations of the House 

11 of Representatives and the Senate an expenditure plan for 

12 funds provided under this heading. 

13 MILITARY CONSTRUCTION, AIR FORCE

14 For an additional amount for ‘‘Military Construction, 

15 Air Force’’, $280,000,000: Provided, That notwith16 standing any other provision of law, such funds may be 

17 obligated and expended to carry out planning and design 

18 and military construction projects in the United States not 

19 otherwise authorized by law: Provided further, That of the 

20 amount provided under this heading, $200,000,000 shall 

21 be for airmen housing and $80,000,000 shall be for child 

22 development centers: Provided further, That not later than 

23 30 days after the date of enactment of this Act, the Sec24 retary of Defense shall submit to the Committees on Ap25 propriations of the House of Representatives and the SenVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 ate an expenditure plan for funds provided under this 

2 heading. 

3 MILITARY CONSTRUCTION, DEFENSE-WIDE

4 For an additional amount for ‘‘Military Construction, 

5 Defense-Wide’’, $3,750,000,000, for the construction of 

6 hospitals and ambulatory surgery centers: Provided, That 

7 notwithstanding any other provision of law, such funds 

8 may be obligated and expended to carry out planning and 

9 design and military construction projects in the United 

10 States not otherwise authorized by law: Provided further, 

11 That not later than 30 days after the date of enactment 

12 of this Act, the Secretary of Defense shall submit to the 

13 Committees on Appropriations of the House of Represent14 atives and the Senate an expenditure plan for funds pro15 vided under this heading. 

16 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

17 For an additional amount for ‘‘Military Construction, 

18 Army National Guard’’, $140,000,000: Provided, That 

19 notwithstanding any other provision of law, such funds 

20 may be obligated and expended to carry out planning and 

21 design and military construction projects in the United 

22 States not otherwise authorized by law: Provided further, 

23 That not later than 30 days after the date of enactment 

24 of this Act, the Secretary of Defense shall submit to the 

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1 atives and the Senate an expenditure plan for funds pro2 vided under this heading. 

3 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

4 For an additional amount for ‘‘Military Construction, 

5 Air National Guard’’, $70,000,000: Provided, That not6 withstanding any other provision of law, such funds may 

7 be obligated and expended to carry out planning and de8 sign and military construction projects in the United 

9 States not otherwise authorized by law: Provided further, 

10 That not later than 30 days after the date of enactment 

11 of this Act, the Secretary of Defense shall submit to the 

12 Committees on Appropriations of the House of Represent13 atives and the Senate an expenditure plan for funds pro14 vided under this heading. 

15 MILITARY CONSTRUCTION, ARMY RESERVE

16 For an additional amount for ‘‘Military Construction, 

17 Army Reserve’’, $100,000,000: Provided, That notwith18 standing any other provision of law, such funds may be 

19 obligated and expended to carry out planning and design 

20 and military construction projects in the United States not 

21 otherwise authorized by law: Provided further, That not 

22 later than 30 days after the date of enactment of this Act, 

23 the Secretary of Defense shall submit to the Committees 

24 on Appropriations of the House of Representatives and the 


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1 Senate an expenditure plan for funds provided under this 

2 heading. 

3 MILITARY CONSTRUCTION, NAVY RESERVE

4 For an additional amount for ‘‘Military Construction, 

5 Navy Reserve’’, $30,000,000: Provided, That notwith6 standing any other provision of law, such funds may be 

7 obligated and expended to carry out planning and design 

8 and military construction projects in the United States not 

9 otherwise authorized by law: Provided further, That not 

10 later than 30 days after the date of enactment of this Act, 

11 the Secretary of Defense shall submit to the Committees 

12 on Appropriations of the House of Representatives and the 

13 Senate an expenditure plan for funds provided under this 

14 heading. 

15 MILITARY CONSTRUCTION, AIR FORCE RESERVE

16 For an additional amount for ‘‘Military Construction, 

17 Air Force Reserve’’, $60,000,000: Provided, That notwith18 standing any other provision of law, such funds may be 

19 obligated and expended to carry out planning and design 

20 and military construction projects in the United States not 

21 otherwise authorized by law: Provided further, That not 

22 later than 30 days after the date of enactment of this Act, 

23 the Secretary of Defense shall submit to the Committees 

24 on Appropriations of the House of Representatives and the 


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1 Senate an expenditure plan for funds provided under this 

2 heading. 

3 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

4 1990 

5 For an additional amount to be deposited into the 

6 Department of Defense Base Closure Account 1990, es7 tablished by section 2906(a)(1) of the Defense Base Clo8 sure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

9 $300,000,000: Provided, That not later than 30 days after 

10 the date of enactment of this Act, the Secretary of Defense 

11 shall submit to the Committees on Appropriations of the 

12 House of Representatives and the Senate an expenditure 

13 plan for funds provided under this heading. 

14 DEPARTMENT OF VETERANS AFFAIRS 

15 VETERANS HEALTH ADMINISTRATION

16 MEDICAL FACILITIES

17 For an additional amount for ‘‘Medical Facilities’’ for 

18 non-recurring maintenance, including energy projects, 

19 $950,000,000: Provided, That not later than 30 days after 

20 the date of enactment of this Act, the Secretary of Vet21 erans Affairs shall submit to the Committees on Appro22 priations of the House of Representatives and the Senate 

23 an expenditure plan for funds provided under this head24 ing. 


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1 NATIONAL CEMETERY ADMINISTRATION

2 For an additional amount for ‘‘National Cemetery 

3 Administration’’ for monument and memorial repairs, 

4 $50,000,000: Provided, That not later than 30 days after 

5 the date of enactment of this Act, the Secretary of Vet6 erans Affairs shall submit to the Committees on Appro7 priations of the House of Representatives and the Senate 

8 an expenditure plan for funds provided under this head9 ing. 

10 TITLE XI—DEPARTMENT OF 

11 STATE 

12 DEPARTMENT OF STATE 

13 ADMINISTRATION OF FOREIGN AFFAIRS

14 CAPITAL INVESTMENT FUND

15 For an additional amount for ‘‘Capital Investment 

16 Fund’’, $276,000,000, of which up to $120,000,000 shall 

17 be available for the design and construction of a backup 

18 information management facility in the United States to 

19 support mission-critical operations and projects, and up 

20 to $98,527,000 shall be available to carry out the Depart21 ment of State’s responsibilities under the Comprehensive 

22 National Cybersecurity Initiative: Provided, That the Sec23 retary of State shall submit to the Committees on Appro24 priations of the House of Representatives and the Senate 


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1 within 90 days of enactment of this Act a detailed spend2 ing plan for funds appropriated under this heading. 

3 INTERNATIONAL COMMISSIONS

4 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

5 UNITED STATES AND MEXICO

6 CONSTRUCTION

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Construction’’ for the 

9 water quantity program to meet immediate repair and re10 habilitation requirements, $224,000,000: Provided, That 

11 up to $2,000,000 may be transferred to, and merged with, 

12 funds available under the heading ‘‘International Bound13 ary and Water Commission, United States and Mexico— 

14 Salaries and Expenses’’, and such amount shall be in lieu 

15 of amounts available under section 1106 of this Act: Pro16 vided, That the Secretary of State shall submit to the 

17 Committees on Appropriations of the House of Represent18 atives and the Senate within 90 days of enactment of this 

19 Act a detailed spending plan for funds appropriated under 

20 this heading. 


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1 TITLE XII—TRANSPORTATION, 

2 AND HOUSING AND URBAN 

3 DEVELOPMENT 

4 DEPARTMENT OF TRANSPORTATION 

5 FEDERAL AVIATION ADMINISTRATION

6 GRANTS-IN-AID FOR AIRPORTS

7 For an additional amount for ‘‘Grants-in-Aid for Air8 ports’’, to enable the Secretary of Transportation to make 

9 grants for discretionary projects as authorized by sub10 chapter I of chapter 471 and subchapter I of chapter 475 

11 of title 49, United States Code, $3,000,000,000: Provided, 

12 That such funds shall not be subject to apportionment for13 mulas, special apportionment categories, or minimum per14 centages under chapter 471: Provided further, That the 

15 conditions, certifications, and assurances required for 

16 grants under subchapter I of chapter 471 of such title 

17 apply: Provided further, That for purposes of applying sec18 tion 1104 of this Act to this appropriation, the deadline 

19 for grantees to enter into contracts or other binding com20 mitments to make use of not less than 50 percent of the 

21 funds awarded shall be 120 days after award of the grant. 

22 FEDERAL HIGHWAY ADMINISTRATION

23 HIGHWAY INFRASTRUCTURE INVESTMENT

24 For projects and activities eligible under section 133 

25 of title 23, United States Code, section 144 of such title 


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1 (without regard to subsection (g)), and sections 103, 119, 

2 134, 148, and 149 of such title, $30,000,000,000, of 

3 which $300,000,000 shall be for Indian reservation roads 

4 under section 204 of such title; $250,000,000 shall be for 

5 park roads and parkways under section 204 of such title; 

6 $20,000,000 shall be for highway surface transportation 

7 and technology training under section 140(b) of such title; 

8 and $20,000,000 shall be for disadvantaged business en9 terprises bonding assistance under section 332(e) of title 

10 49, United States Code: Provided, That the amount set 

11 aside from this appropriation pursuant to section 1106 of 

12 this Act shall not be more than 0.2 percent of the funds 

13 made available under this heading instead of the percent14 age specified in such section: Provided further, That, after 

15 making the set-asides authorized by the previous provisos, 

16 the funds made available under this heading shall be dis17 tributed among the States, and Puerto Rico, American 

18 Samoa, Guam, the Virgin Islands, and the Commonwealth 

19 of the Northern Mariana Islands, in the same ratio as the 

20 obligation limitation for fiscal year 2008 was distributed 

21 among the States in accordance with the formula specified 

22 in section 120(a)(6) of division K of Public Law 110–161, 

23 but, in the case of the Puerto Rico Highway Program and 

24 the Territorial Highway Program, under section 120(a)(5) 

25 of such division: Provided further, That 45 percent of the 


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1 funds distributed to a State under this heading shall be 

2 suballocated within the State in the manner and for the 

3 purposes described in section 133(d) of title 23, United 

4 States Code, (without regard to the comparison to fiscal 

5 year 2005 in paragraph (2)): Provided further, That in 

6 selecting projects to be funded, recipients shall give pri7 ority to projects that can award contracts within 120 days 

8 of enactment of this Act, are included in an approved 

9 Statewide Transportation Improvement Program (STIP) 

10 and/or Metropolitan Transportation Improvement Pro11 gram (TIP), are projected for completion within a three12 year time frame, and are located in economically dis13 tressed areas as defined by section 301 of the Public 

14 Works and Economic Development Act of 1965, as 

15 amended (42 U.S.C. 3161): Provided further, That funds 

16 made available under this heading shall be administered 

17 as if apportioned under chapter 1 of title 23, United 

18 States Code, except for funds made available for Indian 

19 reservation roads and park roads and parkways which 

20 shall be administered in accordance with chapter 2 of title 

21 23, United States Code: Provided further, That the Fed22 eral share payable on account of any project or activity 

23 carried out with funds made available under this heading 

24 shall, at the option of the recipient, be up to 100 percent 

25 of the total cost thereof: Provided further, That funds 


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1 made available by this Act shall not be obligated for the 

2 purposes authorized under section 115(b) of title 23, 

3 United States Code: Provided further, That the provisions 

4 of section 1101(b) of Public Law 109–59 shall apply to 

5 funds made available under this heading: Provided further, 

6 That, in lieu of the redistribution required by section 

7 1104(b) of this Act, if less than 50 percent of the funds 

8 made available to each State and territory under this 

9 heading are obligated within 180 days after the date of 

10 distribution of those funds to the States and territories, 

11 then the portion of the 50 percent of the total funding 

12 distributed to the State or territory that has not been obli13 gated shall be redistributed, in the manner described in 

14 section 120(c) of division K of Public Law 110–161, to 

15 those States and territories that have obligated at least 

16 50 percent of the funds made available under this heading 

17 and are able to obligate amounts in addition to those pre18 viously distributed, except that, for those funds suballo19 cated within the State, if less than 50 percent of the funds 

20 so suballocated within the State are obligated within 150 

21 days of suballocation, then the portion of the 50 percent 

22 of funding so suballocated that has not been obligated will 

23 be returned to the State for use anywhere in the State 

24 prior to being redistributed in accordance with the first 

25 part of this proviso: Provided further, That, in lieu of the 


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1 redistribution required by section 1104(b) of this Act, any 

2 funds made available under this heading that are not obli3 gated by August 1, 2010, shall be redistributed, in the 

4 manner described in section 120(c) of division K of Public 

5 Law 110–161, to those States able to obligate amounts 

6 in addition to those previously distributed, except that 

7 funds suballocated within the State that are not obligated 

8 by June 1, 2010, will be returned to the State for use 

9 anywhere in the State prior to being redistributed in ac10 cordance with the first part of this proviso: Provided fur11 ther, That notwithstanding section 1103 of this Act, funds 

12 made available under this heading shall be apportioned not 

13 later than 7 days after the date of enactment of this Act. 

14 FEDERAL RAILROAD ADMINISTRATION

15 CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL

16 SERVICE

17 For an additional amount for ‘‘Capital Assistance for 

18 Intercity Passenger Rail Service’’ to enable the Secretary 

19 of Transportation to make grants for capital costs as au20 thorized by chapter 244 of title 49 United States Code, 

21 $300,000,000: Provided, That notwithstanding section 

22 1103 of this Act, the Secretary shall give preference to 

23 projects for the repair, rehabilitation, upgrade, or pur24 chase of railroad assets or infrastructure that can be 

25 awarded within 180 days of enactment of this Act: ProVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 vided further, That in awarding grants for the acquisition 

2 of a piece of rolling stock or locomotive, the Secretary shall 

3 give preference to FRA-compliant rolling stock and loco4 motives: Provided further, That the Secretary shall give 

5 preference to projects that support the development of 

6 intercity high speed rail service: Provided further, That the 

7 Federal share shall be, at the option of the recipient, up 

8 to 100 percent. 

9 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

10 RAILROAD PASSENGER CORPORATION

11 For an additional amount for ‘‘Capital and Debt 

12 Service Grants to the National Railroad Passenger Cor13 poration’’ (Amtrak) to enable the Secretary of Transpor14 tation to make capital grants to Amtrak as authorized by 

15 section 101(c) of the Passenger Rail Investment and Im16 provement Act of 2008 (Public Law 110–432), 

17 $800,000,000: Provided, That priority shall be given to 

18 projects for the repair, rehabilitation, or upgrade of rail19 road assets or infrastructure: Provided further, That none 

20 of the funds under this heading shall be used to subsidize 

21 the operating losses of Amtrak: Provided further, Notwith22 standing section 1103 of this Act, funds made available 

23 under this heading shall be awarded not later than 7 days 

24 after the date of enactment of this Act. 


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1 FEDERAL TRANSIT ADMINISTRATION

2 TRANSIT CAPITAL ASSISTANCE

3 For transit capital assistance grants, 

4 $6,000,000,000, of which $5,400,000,000 shall be for 

5 grants under section 5307 of title 49, United States Code 

6 and shall be apportioned in accordance with section 5336 

7 of such title (other than subsections (i)(1) and (j)) but 

8 may not be combined or commingled with any other funds 

9 apportioned under such section 5336, and of which 

10 $600,000,000 shall be for grants under section 5311 of 

11 such title and shall be apportioned in accordance with such 

12 section 5311 but may not be combined or commingled with 

13 any other funds apportioned under that section: Provided, 

14 That of the funds provided for section 5311 under this 

15 heading, 3 percent shall be made available for section 

16 5311(c)(1): Provided further, That applicable chapter 53 

17 requirements shall apply except that the Federal share of 

18 the costs for which a grant is made under this heading 

19 shall be, at the option of the recipient, up to 100 percent: 

20 Provided further, In lieu of the requirements of section 

21 1103 of this Act, funds made available under this heading 

22 shall be apportioned not later than 7 days after the date 

23 of enactment of this Act: Provided further, That for pur24 poses of applying section 1104 of this Act to this appro25 priation, the deadline for grantees to enter into obligations 


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1 to make use of not less than 50 percent of the funds 

2 awarded shall be 180 days after apportionment: Provided 

3 further, That the provisions of section 1101(b) of Public 

4 Law 109–59 shall apply to funds made available under 

5 this heading: Provided further, That notwithstanding any 

6 other provision of law, of the funds apportioned in accord7 ance with section 5336, up to three-quarters of 1 percent 

8 shall be available for administrative expenses and program 

9 management oversight and of the funds apportioned in ac10 cordance with section 5311, up to one-half of 1 percent 

11 shall be available for administrative expenses and program 

12 management oversight and both amounts shall remain 

13 available for obligation until September 30, 2012: Pro14 vided further, That the preceding proviso shall apply in 

15 lieu of the provisions in section 1106 of this Act. 

16 FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT

17 For an amount for capital expenditures authorized 

18 under section 5309(b)(2) of title 49, United States Code, 

19 $2,000,000,000: Provided, That the Secretary of Trans20 portation shall apportion funds under this heading pursu21 ant to the formula set forth in section 5337 of title 49, 

22 United States Code: Provided further, That the funds ap23 propriated under this heading shall not be commingled 

24 with funds available under the Formula and Bus Grants 

25 account: Provided further, In lieu of the requirements of 


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1 section 1103 of this Act, funds made available under this 

2 heading shall be apportioned not later than 7 days after 

3 the date of enactment of this Act: Provided further, That 

4 for purposes of applying section 1104 of this Act to this 

5 appropriation, the deadline for grantees to enter into obli6 gations to make use of not less than 50 percent of the 

7 funds awarded shall be 180 days after apportionment: 

8 Provided further, That applicable chapter 53 requirements 

9 shall apply except that the Federal share of the costs for 

10 which a grant is made under this heading shall be, at the 

11 option of the recipient, up to 100 percent: Provided fur12 ther, That the provisions of section 1101(b) of Public Law 

13 109–59 shall apply to funds made available under this 

14 heading: Provided further, That notwithstanding any other 

15 provision of law, up to 1 percent of the funds under this 

16 heading shall be available for administrative expenses and 

17 program management oversight and shall remain available 

18 for obligation until September 30, 2012: Provided further, 

19 That the preceding proviso shall apply in lieu of the provi20 sions in section 1106 of this Act. 

21 CAPITAL INVESTMENT GRANTS

22 For an additional amount for ‘‘Capital Investment 

23 Grants’’, as authorized under section 5338(c)(4) of title 

24 49, United States Code, and allocated under section 

25 5309(m)(2)(A) of such title, to enable the Secretary of 


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1 Transportation to make discretionary grants as authorized 

2 by section 5309(d) and (e) of such title, $1,000,000,000: 

3 Provided, That such amount shall be allocated without re4 gard to the limitation under section 5309(m)(2)(A)(i): 

5 Provided further, That in selecting projects to be funded, 

6 priority shall be given to projects that are currently in con7 struction or are able to award contracts based on bids 

8 within 120 days of enactment of this Act: Provided further, 

9 That for purposes of applying section 1104 of this Act 

10 to this appropriation, the deadline for grantees to enter 

11 into contracts or other binding commitments to make use 

12 of not less than 50 percent of the funds awarded shall 

13 be 120 days after award: Provided further, That the provi14 sions of section 1101(b) of Public Law 109–59 shall apply 

15 to funds made available under this heading: Provided fur16 ther, That applicable chapter 53 requirements shall apply, 

17 except that notwithstanding any other provision of law, 

18 up to 1 percent of the funds under this heading shall be 

19 available for administrative expenses and program man20 agement oversight and shall remain available for obliga21 tion until September 30, 2012: Provided further, That the 

22 preceding proviso shall apply in lieu of the provisions in 

23 section 1106 of this Act. 


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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 PUBLIC AND INDIAN HOUSING

4 PUBLIC HOUSING CAPITAL FUND

5 For an additional amount for ‘‘Public Housing Cap6 ital Fund’’ to carry out capital and management activities 

7 for public housing agencies, as authorized under section 

8 9 of the United States Housing Act of 1937 (42 U.S.C. 

9 1437g) (‘‘the Act’’), $5,000,000,000: Provided, That the 

10 Secretary of Housing and Urban Development shall dis11 tribute at least $4,000,000,000 of this amount by the 

12 same formula used for amounts made available in fiscal 

13 year 2008: Provided further, That public housing authori14 ties shall give priority to capital projects that can award 

15 contracts based on bids within 120 days from the date 

16 the funds are made available to the public housing au17 thorities: Provided further, That public housing agencies 

18 shall give priority consideration to the rehabilitation of va19 cant rental units: Provided further, That notwithstanding 

20 any other provision of the Act or regulations, (1) funding 

21 provided herein may not be used for Operating Fund ac22 tivities pursuant to section 9(g) of the Act, and (2) any 

23 restriction of funding to replacement housing uses shall 

24 be inapplicable: Provided further, That public housing 

25 agencies shall prioritize capital projects underway or alVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 ready in their 5-year plans: Provided further, That of the 

2 amount provided under this heading, the Secretary may 

3 obligate up to $1,000,000,000, for competitive grants to 

4 public housing authorities for activities including: (1) in5 vestments that leverage private sector funding or financ6 ing for housing renovations and energy conservation ret7 rofit investments; (2) rehabilitation of units using sustain8 able materials and methods that improve energy efficiency, 

9 reduce energy costs, or preserve and improve units with 

10 good access to public transportation or employment cen11 ters; (3) increase the availability of affordable rental hous12 ing by expediting rehabilitation projects to bring vacant 

13 units into use or by filling the capital investment gap for 

14 redevelopment or replacement housing projects which have 

15 been approved or are otherwise ready to proceed but are 

16 stalled due to the inability to obtain anticipated private 

17 capital; or (4) address the needs of seniors and persons 

18 with disabilities through improvements to housing and re19 lated facilities which attract or promote the coordinated 

20 delivery of supportive services: Provided further, That the 

21 Secretary may waive statutory or regulatory provisions re22 lated to the obligation and expenditure of capital funds 

23 if necessary to facilitate the timely expenditure of funds 

24 (except for requirements related to fair housing, non25 discrimination, labor standards, and the environment). 


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1 ELDERLY, DISABLED, AND SECTION 8 ASSISTED HOUSING

2 ENERGY RETROFIT

3 For grants or loans to owners of properties receiving 

4 project-based assistance pursuant to section 202 of the 

5 Housing Act of 1959 (12 U.S.C. 17012), section 811 of 

6 the Cranston-Gonzalez National Affordable Housing Act 

7 (42 U.S.C. 8013), or section 8 of the United States Hous8 ing Act of 1937 (42 U.S.C. 1437f), to accomplish energy 

9 retrofit investments, $2,500,000,000: Provided, That such 

10 loans or grants shall be provided through the Office of 

11 Affordable Housing Preservation of the Department of 

12 Housing and Urban Development, on such terms and con13 ditions as the Secretary of Housing and Urban Develop14 ment deems appropriate: Provided further, That eligible 

15 owners must have at least a satisfactory management re16 view rating, be in substantial compliance with applicable 

17 performance standards and legal requirements, and com18 mit to an additional period of affordability determined by 

19 the Secretary: Provided further, That the Secretary shall 

20 undertake appropriate underwriting and oversight with re21 spect to such transactions: Provided further, That the Sec22 retary may set aside funds made available under this 

23 heading for an efficiency incentive payable upon satisfac24 tory completion of energy retrofit investments, and may 

25 provide additional incentives if such investments resulted 


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1 in extraordinary job creation for low-income and very low2 income persons: Provided further, that of the funds pro3 vided under this heading, 1 percent shall be available only 

4 for staffing, training, technical assistance, technology, 

5 monitoring, research and evaluation activities. 

6 NATIVE AMERICAN HOUSING BLOCK GRANTS

7 For an additional amount for ‘‘Native American 

8 Housing Block Grants’’, as authorized under title I of the 

9 Native American Housing Assistance and Self-Determina10 tion Act of 1996 (‘‘NAHASDA’’) (25 U.S.C. 4111 et 

11 seq.), $500,000,000: Provided, That $250,000,000 of the 

12 amount appropriated under this heading shall be distrib13 uted according to the same funding formula used in fiscal 

14 year 2008: Provided further, That in selecting projects to 

15 be funded, recipients shall give priority to projects that 

16 can award contracts based on bids within 120 days from 

17 the date that funds are available to the recipients: Pro18 vided further, That in allocating the funds appropriated 

19 under this heading, the Secretary of Housing and Urban 

20 Development shall not require an additional action plan 

21 from grantees: Provided further, That the Secretary may 

22 obligate $250,000,000 of the amount appropriated under 

23 this heading for competitive grants to eligible entities that 

24 apply for funds as authorized under NAHASDA: Provided 

25 further, That in awarding competitive funds, the Secretary 


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1 shall give priority to projects that will spur construction 

2 and rehabilitation and will create employment opportuni3 ties for low-income and unemployed persons. 

4 COMMUNITY PLANNING AND DEVELOPMENT

5 COMMUNITY DEVELOPMENT FUND

6 For an additional amount for ‘‘Community Develop7 ment Fund’’ $1,000,000,000, to carry out the community 

8 development block grant program under title I of the 

9 Housing and Community Development Act of 1974 (42 

10 U.S.C. 5301 et seq.): Provided, That the amount appro11 priated in this paragraph shall be distributed according 

12 to the same funding formula used in fiscal year 2008: Pro13 vided further, That in allocating the funds appropriated 

14 in this paragraph, the Secretary of Housing and Urban 

15 Development shall not require an additional action plan 

16 from grantees: Provided further, That in selecting projects 

17 to be funded, recipients shall give priority to projects that 

18 can award contracts based on bids within 120 days from 

19 the date the funds are made available to the recipients; 

20 Provided further, That in administering funds provided in 

21 this paragraph, the Secretary may waive any provision of 

22 any statute or regulation that the Secretary administers 

23 in connection with the obligation by the Secretary or the 

24 use by the recipient of these funds (except for require25 ments related to fair housing, nondiscrimination, labor 


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1 standards, and the environment), upon a finding that such 

2 waiver is required to facilitate the timely use of such funds 

3 and would not be inconsistent with the overall purpose of 

4 the statute. 

5 For a further additional amount for ‘‘Community De6 velopment Fund’’, $4,190,000,000, to be used for neigh7 borhood stabilization activities related to emergency as8 sistance for the redevelopment of abandoned and fore9 closed homes as authorized under division B, title III of 

10 the Housing and Economic Recovery Act of 2008 (Public 

11 Law 110–289), of which— 

12 (1) not less than $3,440,000,000 shall be allo13 cated by a competition for which eligible entities 

14 shall be States, units of general local government, 

15 and nonprofit entities or consortia of nonprofit enti16 ties: Provided, That the award criteria for such com17 petition shall include grantee capacity, leveraging 

18 potential, targeted impact of foreclosure prevention, 

19 and any additional factors determined by the Sec20 retary of Housing and Urban Development: Provided 

21 further, that the Secretary may establish a minimum 

22 grant size: Provided further, That amounts made 

23 available under this Section may be used to (A) es24 tablish financing mechanisms for purchase and rede25 velopment of foreclosed-upon homes and residential 


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1 properties, including such mechanisms as soft-sec2 onds, loan loss reserves, and shared-equity loans for 

3 low- and moderate-income homebuyers; (B) purchase 

4 and rehabilitate homes and residential properties 

5 that have been abandoned or foreclosed upon, in 

6 order to sell or rent such homes and properties; (C) 

7 establish and operate land banks for homes that 

8 have been foreclosed upon; (D) demolish foreclosed 

9 properties that have become blighted structures; and 

10 (E) redevelop demolished or vacant foreclosed prop11 erties in order to sell or rent such properties; and 

12 (2) up to $750,000,000 shall be awarded by 

13 competition to nonprofit entities or consortia of non14 profit entities to provide community stabilization as15 sistance by (A) accelerating state and local govern16 ment and nonprofit productivity; (B) increasing the 

17 scale and efficiency of property transfers of fore18 closed and vacant residential properties from finan19 cial institutions and government entities to qualified 

20 local housing providers in order to return the prop21 erties to productive affordable housing use; (C) 

22 building industry and property management capac23 ity; and (D) partnering with private sector real es24 tate developers and contractors and leveraging pri25 vate sector capital: Provided further, That such comVerDate Nov 24 2008 00:23 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H679.RH H679

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1 munity stabilization assistance shall be provided pri2 marily in States and areas with high rates of de3 faults and foreclosures to support the acquisition, re4 habilitation and property management of single-fam5 ily and multi-family homes and to work in partner6 ship with the private sector real estate industry and 

7 to leverage available private and public funds for 

8 those purposes: Provided further, That for purposes 

9 of this paragraph qualified local housing providers 

10 shall be nonprofit organizations with demonstrated 

11 capabilities in real estate development or acquisition 

12 and rehabilitation or property management of single13 or multi-family homes, or local or state governments 

14 or instrumentalities of such governments: Provided 

15 further, That qualified local housing providers shall 

16 be expected to utilize and leverage additional local 

17 nonprofit, governmental, for-profit and private re18 sources: 

19 Provided further, That in the case of any foreclosure on 

20 any dwelling or residential real property acquired with any 

21 amounts made available under this heading, any successor 

22 in interest in such property pursuant to the foreclosure 

23 shall assume such interest subject to—(1) the provision 

24 by such successor in interest of a notice to vacate to any 

25 bona fide tenant at least 90 days before the effective date 


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1 of such notice; and (2) the rights of any bona fide tenant, 

2 as of the date of such notice of foreclosure (A) under any 

3 bona fide lease entered into before the notice of foreclosure 

4 to occupy the premises until the end of the remaining term 

5 of the lease, except that a successor in interest may termi6 nate a lease effective on the date of sale of the unit to 

7 a purchaser who will occupy the unit as a primary resi8 dence, subject to the receipt by the tenant of the 90-day 

9 notice under this paragraph; or (B) without a lease or with 

10 a lease terminable at will under State law, subject to the 

11 receipt by the tenant of the 90-day notice under this para12 graph, except that nothing in this paragraph shall affect 

13 the requirements for termination of any Federal- or State14 subsidized tenancy or of any State or local law that pro15 vides longer time periods or other additional protections 

16 for tenants: Provided further, That, for purposes of this 

17 paragraph, a lease or tenancy shall be considered bona fide 

18 only if (1) the mortgagor under the contract is not the 

19 tenant; (2) the lease or tenancy was the result of an arms20 length transaction; and (3) the lease or tenancy requires 

21 the receipt of rent that is not substantially less than fair 

22 market rent for the property: Provided further, That the 

23 recipient of any grant or loan from amounts made avail24 able under this heading may not refuse to lease a dwelling 

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1 er of a voucher or certificate of eligibility under section 

2 8 of the United States Housing Act of 1937 (42 U.S.C. 

3 1437f) because of the status of the prospective tenant as 

4 such a holder: Provided further, That in the case of any 

5 qualified foreclosed housing for which funds made avail6 able under this heading are used and in which a recipient 

7 of assistance under section 8(o) of the U.S. Housing Act 

8 of 1937 resides at the time of acquisition or financing, 

9 the owner and any successor in interest shall be subject 

10 to the lease and to the housing assistance payments con11 tract for the occupied unit: Provided further, That 

12 vacating the property prior to sale shall not constitute 

13 good cause for termination of the tenancy unless the prop14 erty is unmarketable while occupied or unless the owner 

15 or subsequent purchaser desires the unit for personal or 

16 family use: Provided further, That this paragraph shall not 

17 preempt any State or local law that provides more protec18 tion for tenants: Provided further, That amounts made 

19 available under this heading may be used for the costs 

20 of demolishing foreclosed housing that is deteriorated or 

21 unsafe: Provided further, That the amount for demolition 

22 of such housing may not exceed 10 percent of amounts 

23 allocated under this paragraph to States and units of gen24 eral local government: Provided further, That no amounts 

25 from a grant made under this paragraph may be used to 


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1 demolish any public housing (as such term is defined in 

2 section 3 of the United States Housing Act of 1937 (42 

3 U.S.C. 1437a)): Provided further, That section 2301(d)(4) 

4 of the Housing and Economic Recovery Act of 2008 (Pub5 lic Law 110–289) is repealed. 

6 HOME INVESTMENT PARTNERSHIPS PROGRAM

7 For an additional amount for ‘‘HOME Investment 

8 Partnerships Program’’ as authorized under Title II of the 

9 Cranston-Gonzalez National Affordable Housing Act (‘‘the 

10 Act’’), $1,500,000,000: Provided, That the amount appro11 priated under this heading shall be distributed according 

12 to the same funding formula used in fiscal year 2008: Pro13 vided further, That the Secretary of Housing and Urban 

14 Development may waive statutory or regulatory provisions 

15 related to the obligation of such funds if necessary to fa16 cilitate the timely expenditure of funds (except for require17 ments related to fair housing, nondiscrimination, labor 

18 standards, and the environment): Provided further, That 

19 in selecting projects to be funded, recipients shall give pri20 ority to projects that can award contracts based on bids 

21 within 120 days from the date that funds are available 

22 to the recipients. 


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1 SELF-HELP AND ASSISTED HOMEOWNERSHIP

2 OPPORTUNITY PROGRAM

3 For an additional amount for ‘‘Self-Help and As4 sisted Homeownership Opportunity Program’’, as author5 ized under section 11 of the Housing Opportunity Pro6 gram Extension Act of 1996, $10,000,000: Provided, That 

7 in awarding competitive grant funds, the Secretary of 

8 Housing and Urban Development shall give priority to the 

9 provision and rehabilitation of sustainable, affordable sin10 gle and multifamily units in low-income, high-need rural 

11 areas: Provided further, That in selecting projects to be 

12 funded, grantees shall give priority to projects that can 

13 award contracts based on bids within 120 days from the 

14 date the funds are made available to the grantee. 

15 HOMELESS ASSISTANCE GRANTS

16 For an additional amount for ‘‘Homeless Assistance 

17 Grants’’, for the emergency shelter grants program as au18 thorized under subtitle B of tile IV of the McKinney-Vento 

19 Homeless Assistance Act, $1,500,000,000: Provided, That 

20 in addition to homeless prevention activities specified in 

21 the emergency shelter grant program, funds provided 

22 under this heading may be used for the provision of short23 term or medium-term rental assistance; housing relocation 

24 and stabilization services including housing search, medi25 ation or outreach to property owners, legal services, credit 


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1 repair, resolution of security or utility deposits, utility pay2 ments, rental assistance for a final month at a location, 

3 and moving costs assistance; or other appropriate home4 lessness prevention activities; Provided further, That these 

5 funds shall be allocated pursuant to the formula author6 ized by section 413 of such Act: Provided further, That 

7 the Secretary of Housing and Urban Development may 

8 waive statutory or regulatory provisions related to the obli9 gation and use of emergency shelter grant funds necessary 

10 to facilitate the timely expenditure of funds. 

11 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

12 CONTROL

13 LEAD HAZARD REDUCTION

14 For an additional amount for ‘‘Lead Hazard Reduc15 tion’’, for the Lead Hazard Reduction Program as author16 ized by section 1011 of the Residential Lead-Based Paint 

17 Hazard Reduction Act of 1992, $100,000,000: Provided, 

18 That for purposes of environmental review, pursuant to 

19 the National Environmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.) and other provisions of law that further the 

21 purposes of such Act, a grant under the Healthy Homes 

22 Initiative, Operation Lead Elimination Action Plan 

23 (LEAP), or the Lead Technical Studies program under 

24 this heading or under prior appropriations Acts for such 

25 purposes under this heading, shall be considered to be 


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1 funds for a special project for purposes of section 305(e) 

2 of the Multifamily Housing Property Disposition Reform 

3 Act of 1994: Provided further, That of the total amount 

4 made available under this heading, $30,000,000 shall be 

5 made available on a competitive basis for areas with the 

6 highest lead paint abatement needs. 

7 GENERAL PROVISIONS, THIS TITLE 

8 SEC. 12001. MAINTENANCE OF EFFORT AND REPORTING 

9 REQUIREMENTS TO ENSURE TRANSPARENCY 

10 AND ACCOUNTABILITY. 

11 (a) MAINTENANCE OF EFFORT.—Not later than 30 

12 days after the date of enactment of this Act, for each 

13 amount that is distributed to a State or agency thereof 

14 from an appropriation in this Act for a covered program, 

15 the Governor of the State shall certify that the State will 

16 maintain its effort with regard to State funding for the 

17 types of projects that are funded by the appropriation. As 

18 part of this certification, the Governor shall submit to the 

19 covered agency a statement identifying the amount of 

20 funds the State planned to expend as of the date of enact21 ment of this Act from non-Federal sources in the period 

22 beginning on the date of enactment of this Act through 

23 September 30, 2010, for the types of projects that are 

24 funded by the appropriation. 

25 (b) PERIODIC REPORTS.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, each grant recipient shall submit to 

3 the covered agency from which they received funding 

4 periodic reports on the use of the funds appropriated 

5 in this Act for covered programs. Such reports shall 

6 be collected and compiled by the covered agency and 

7 transmitted to Congress. 

8 (2) CONTENTS OF REPORTS.—For amounts re9 ceived under each covered program by a grant re10 cipient under this Act, the grant recipient shall in11 clude in the periodic reports information tracking— 

12 (A) the amount of Federal funds appro13 priated, allocated, obligated, and outlayed under 

14 the appropriation; 

15 (B) the number of projects that have been 

16 put out to bid under the appropriation and the 

17 amount of Federal funds associated with such 

18 projects; 

19 (C) the number of projects for which con20 tracts have been awarded under the appropria21 tion and the amount of Federal funds associ22 ated with such contracts; 

23 (D) the number of projects for which work 

24 has begun under such contracts and the 


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1 amount of Federal funds associated with such 

2 contracts; 

3 (E) the number of projects for which work 

4 has been completed under such contracts and 

5 the amount of Federal funds associated with 

6 such contracts; 

7 (F) the number of jobs created or sus8 tained by the Federal funds provided for 

9 projects under the appropriation, including in10 formation on job sectors and pay levels; and 

11 (G) for each covered program report infor12 mation tracking the actual aggregate expendi13 tures by each grant recipient from non-Federal 

14 sources for projects eligible for funding under 

15 the program during the period beginning on the 

16 date of enactment of this Act through Sep17 tember 30, 2010, as compared to the level of 

18 such expenditures that were planned to occur 

19 during such period as of the date of enactment 

20 of this Act. 

21 (3) TIMING OF REPORTS.—Each grant recipient 

22 shall submit the first of the periodic reports required 

23 under this subsection not later than 30 days after 

24 the date of enactment of this Act and shall submit 

25 updated reports not later than 60 days, 120 days, 


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1 180 days, 1 year, and 3 years after such date of en2 actment. 

3 (c) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) COVERED AGENCY.—The term ‘‘covered 

6 agency’’ means the Federal Aviation Administration, 

7 the Federal Highway Administration, the Federal 

8 Railroad Administration, and the Federal Transit 

9 Administration of the Department of Transpor10 tation. 

11 (2) COVERED PROGRAM.—The term ‘‘covered 

12 program’’ means funds appropriated in this Act for 

13 ‘‘Grants-in-Aid for Airports’’ to the Federal Aviation 

14 Administration; for ‘‘Highway Infrastructure Invest15 ment’’ to the Federal Highway Administration; for 

16 ‘‘Capital Assistance for Intercity Passenger Rail 

17 Service’’ to the Federal Railroad Administration; for 

18 ‘‘Transit Capital Assistance’’, ‘‘Fixed Guideway In19 frastructure Investment’’, and ‘‘Capital Investment 

20 Grants’’ to the Federal Transit Administration. 

21 (3) GRANT RECIPIENT.—The term ‘‘grant re22 cipient’’ means a State or other recipient of assist23 ance provided under a covered program in this Act. 

24 Such term does not include a Federal department or 

25 agency. 


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1 SEC. 12002. FHA LOAN LIMITS FOR 2009. 

2 (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 

3 For mortgages for which the mortgagee issues credit ap4 proval for the borrower during calendar year 2009, if the 

5 dollar amount limitation on the principal obligation of a 

6 mortgage determined under section 203(b)(2) of the Na7 tional Housing Act (12 U.S.C. 1709(b)(2)) for any size 

8 residence for any area is less than such dollar amount lim9 itation that was in effect for such size residence for such 

10 area for 2008 pursuant to section 202 of the Economic 

11 Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 

12 620), notwithstanding any other provision of law, the max13 imum dollar amount limitation on the principal obligation 

14 of a mortgage for such size residence for such area for 

15 purposes of such section 203(b)(2) shall be considered (ex16 cept for purposes of section 255(g) of such Act (12 U.S.C. 

17 1715z–20(g))) to be such dollar amount limitation in ef18 fect for such size residence for such area for 2008. 

19 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 

20 Notwithstanding any other provision of law, if the Sec21 retary of Housing and Urban Development determines, for 

22 any geographic area that is smaller than an area for which 

23 dollar amount limitations on the principal obligation of a 

24 mortgage are determined under section 203(b)(2) of the 

25 National Housing Act, that a higher such maximum dollar 

26 amount limitation is warranted for any particular size or 


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1 sizes of residences in such sub-area by higher median 

2 home prices in such sub-area, the Secretary may, for mort3 gages for which the mortgagee issues credit approval for 

4 the borrower during calendar year 2009, increase the max5 imum dollar amount limitation for such size or sizes of 

6 residences for such sub-area that is otherwise in effect (in7 cluding pursuant to subsection (a) of this section), but in 

8 no case to an amount that exceeds the amount specified 

9 in section 202(a)(2) of the Economic Stimulus Act of 

10 2008. 

11 SEC. 12003. GSE CONFORMING LOAN LIMITS FOR 2009. 

12 (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 

13 For mortgages originated during calendar year 2009, if 

14 the limitation on the maximum original principal obliga15 tion of a mortgage that may purchased by the Federal 

16 National Mortgage Association or the Federal Home Loan 

17 Mortgage Corporation determined under section 302(b)(2) 

18 of the Federal National Mortgage Association Charter Act 

19 (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the Fed20 eral Home Loan Mortgage Corporation Act (12 U.S.C. 

21 1754(a)(2)), respectively, for any size residence for any 

22 area is less than such maximum original principal obliga23 tion limitation that was in effect for such size residence 

24 for such area for 2008 pursuant to section 201 of the Eco25 nomic Stimulus Act of 2008 (Public Law 110-185; 122 


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1 Stat. 619), notwithstanding any other provision of law, the 

2 limitation on the maximum original principal obligation of 

3 a mortgage for such Association and Corporation for such 

4 size residence for such area shall be such maximum limita5 tion in effect for such size residence for such area for 

6 2008. 

7 (b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 

8 Notwithstanding any other provision of law, if the Direc9 tor of the Federal Housing Finance Agency determines, 

10 for any geographic area that is smaller than an area for 

11 which limitations on the maximum original principal obli12 gation of a mortgage are determined for the Federal Na13 tional Mortgage Association or the Federal Home Loan 

14 Mortgage Corporation, that a higher such maximum origi15 nal principal obligation limitation is warranted for any 

16 particular size or sizes of residences in such sub-area by 

17 higher median home prices in such sub-area, the Director 

18 may, for mortgages originated during 2009, increase the 

19 maximum original principal obligation limitation for such 

20 size or sizes of residences for such sub-area that is other21 wise in effect (including pursuant to subsection (a) of this 

22 section) for such Association and Corporation, but in no 

23 case to an amount that exceeds the amount specified in 

24 the matter following the comma in section 201(a)(1)(B) 

25 of the Economic Stimulus Act of 2008. 


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1 SEC. 12004. FHA REVERSE MORTGAGE LOAN LIMITS FOR 

2 2009. 

3 For mortgages for which the mortgagee issues credit 

4 approval for the borrower during calendar year 2009, the 

5 second sentence of section 255(g) of the National Housing 

6 Act (12 U.S.C. 171520(g)) shall be considered to require 

7 that in no case may the benefits of insurance under such 

8 section 255 exceed 150 percent of the maximum dollar 

9 amount in effect under the sixth sentence of section 

10 305(a)(2) of the Federal Home Loan Mortgage Corpora11 tion Act (12 U.S.C. 1454(a)(2)). 

12 TITLE XIII—STATE FISCAL 

13 STABILIZATION FUND 

14 DEPARTMENT OF EDUCATION 

15 STATE FISCAL STABILIZATION FUND

16 For necessary expenses for a State Fiscal Stabiliza17 tion Fund, $79,000,000,000, which shall be administered 

18 by the Department of Education, of which 

19 $39,500,000,000 shall become available on July 1, 2009 

20 and remain available through September 30, 2010, and 

21 $39,500,000,000 shall become available on July 1, 2010 

22 and remain available through September 30, 2011: Pro23 vided, That the provisions of section 1103 of this Act shall 

24 not apply to the funds reserved under section 13001(c) 

25 of this title: Provided further, That the amount made 

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1 tration and oversight shall take the place of the set-aside 

2 under section 1106 of this Act. 

3 GENERAL PROVISIONS, THIS TITLE 

4 SEC. 13001. ALLOCATIONS. 

5 (a) OUTLYING AREAS.—From each year’s appropria6 tion to carry out this title, the Secretary of Education 

7 shall first allocate one half of 1 percent to the outlying 

8 areas on the basis of their respective needs, as determined 

9 by the Secretary, for activities consistent with this title 

10 under such terms and conditions as the Secretary may de11 termine. 

12 (b) ADMINISTRATION AND OVERSIGHT.—The Sec13 retary may, in addition, reserve up to $12,500,000 each 

14 year for administration and oversight of this title, includ15 ing for program evaluation. 

16 (c) RESERVATION FOR ADDITIONAL PROGRAMS.— 

17 After reserving funds under subsections (a) and (b), the 

18 Secretary shall reserve $7,500,000,000 each year for 

19 grants under sections 13006 and 13007. 

20 (d) STATE ALLOCATIONS.—After carrying out sub21 sections (a), (b), and (c), the Secretary shall allocate the 

22 remaining funds made available to carry out this title to 

23 the States as follows: 

24 (1) 61 percent on the basis of their relative 

25 population of individuals aged 5 through 24. 


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1 (2) 39 percent on the basis of their relative 

2 total population. 

3 (e) STATE GRANTS.—From funds allocated under 

4 subsection (d), the Secretary shall make grants to the 

5 Governor of each State. 

6 (f) REALLOCATION.—The Governor shall return to 

7 the Secretary any funds received under subsection (e) that 

8 the Governor does not obligate within one year of receiving 

9 a grant, and the Secretary shall reallocate such funds to 

10 the remaining States in accordance with subsection (d). 

11 SEC. 13002. STATE USES OF FUNDS. 

12 (a) EDUCATION FUND.— 

13 (1) IN GENERAL.—For each fiscal year, the 

14 Governor shall use at least 61 percent of the State’s 

15 allocation under section 13001 for the support of el16 ementary, secondary, and postsecondary education. 

17 (2) RESTORING 2008 STATE SUPPORT FOR EDU18 CATION.— 

19 (A) IN GENERAL.—The Governor shall 

20 first use the funds described in paragraph (1)— 

21 (i) to provide the amount of funds, 

22 through the State’s principal elementary 

23 and secondary funding formula, that is 

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1 tary and secondary education to the fiscal 

2 year 2008 level; and 

3 (ii) to provide the amount of funds to 

4 public institutions of higher education in 

5 the State that is needed to restore State 

6 support for postsecondary education to the 

7 fiscal year 2008 level. 

8 (B) SHORTFALL.—If the Governor deter9 mines that the amount of funds available under 

10 paragraph (1) is insufficient to restore State 

11 support for education to the levels described in 

12 clauses (i) and (ii) of subparagraph (A), the 

13 Governor shall allocate those funds between 

14 those clauses in proportion to the relative short15 fall in State support for the education sectors 

16 described in those clauses. 

17 (3) SUBGRANTS TO IMPROVE BASIC PROGRAMS

18 OPERATED BY LOCAL EDUCATIONAL AGENCIES.— 

19 After carrying out paragraph (2), the Governor shall 

20 use any funds remaining under paragraph (1) to 

21 provide local educational agencies in the State with 

22 subgrants based on their relative shares of funding 

23 under part A of title I of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 6311 et 


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1 seq.) for the most recent year for which data are 

2 available. 

3 (b) OTHER GOVERNMENT SERVICES.—For each fis4 cal year, the Governor may use up to 39 percent of the 

5 State’s allocation under section 1301 for public safety and 

6 other government services, which may include assistance 

7 for elementary and secondary education and public institu8 tions of higher education. 

9 SEC. 13003. USES OF FUNDS BY LOCAL EDUCATIONAL 

10 AGENCIES. 

11 (a) IN GENERAL.—A local educational agency that 

12 receives funds under this title may use the funds for any 

13 activity authorized by the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6301 et seq.) (‘‘ESEA’’), 

15 the Individuals with Disabilities Education Act (20 U.S.C. 

16 1400 et seq.) (‘‘IDEA’’), or the Carl D. Perkins Career 

17 and Technical Education Act of 2006 (20 U.S.C. 2301 

18 et seq.) (‘‘the Perkins Act’’). 

19 (b) PROHIBITION.—A local educational agency may 

20 not use funds received under this title for capital projects 

21 unless authorized by ESEA, IDEA, or the Perkins Act. 

22 SEC. 13004. USES OF FUNDS BY INSTITUTIONS OF HIGHER 

23 EDUCATION. 

24 (a) IN GENERAL.—A public institution of higher edu25 cation that receives funds under this title shall use the 


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1 funds for education and general expenditures, and in such 

2 a way as to mitigate the need to raise tuition and fees 

3 for in-State students. 

4 (b) PROHIBITION.—An institution of higher edu5 cation may not use funds received under this title to in6 crease its endowment. 

7 (c) ADDITIONAL PROHIBITION.—An institution of 

8 higher education may not use funds received under this 

9 title for construction, renovation, or facility repair. 

10 SEC. 13005. STATE APPLICATIONS. 

11 (a) IN GENERAL.—The Governor of a State desiring 

12 to receive an allocation under section 13001 shall submit 

13 an annual application at such time, in such manner, and 

14 containing such information as the Secretary may reason15 ably require. 

16 (b) FIRST YEAR APPLICATION.—In the first of such 

17 applications, the Governor shall— 

18 (1) include the assurances described in sub19 section (e); 

20 (2) provide baseline data that demonstrates the 

21 State’s current status in each of the areas described 

22 in such assurances; and 

23 (3) describe how the State intends to use its al24 location. 


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1 (c) SECOND YEAR APPLICATION.—In the second year 

2 application, the Governor shall— 

3 (1) include the assurances described in sub4 section (e); and 

5 (2) describe how the State intends to use its al6 location. 

7 (d) INCENTIVE GRANT APPLICATION.—The Governor 

8 of a State seeking a grant under section 13006 shall— 

9 (1) submit an application for consideration; 

10 (2) describe the status of the State’s progress 

11 in each of the areas described in subsection (e), and 

12 the strategies the State is employing to help ensure 

13 that high-need students in the State continue mak14 ing progress towards meeting the State’s student 

15 academic achievement standards; 

16 (3) describe how the State would use its grant 

17 funding, including how it will allocate the funds to 

18 give priority to high-need schools and local edu19 cational agencies; and 

20 (4) include a plan for evaluating its progress in 

21 closing achievement gaps. 

22 (e) ASSURANCES.—An application under subsection 

23 (b) or (c) shall include the following assurances: 

24 (1) MAINTENANCE OF EFFORT.— 


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1 (A) ELEMENTARY AND SECONDARY EDU2 CATION.—The State will, in each of fiscal years 

3 2009 and 2010, maintain State support for ele4 mentary and secondary education at least at 

5 the level of such support in fiscal year 2006. 

6 (B) HIGHER EDUCATION.—The State will, 

7 in each of fiscal years 2009 and 2010, maintain 

8 State support for public institutions of higher 

9 education (not including support for capital 

10 projects or for research and development) at 

11 least at the level of such support in fiscal year 

12 2006. 

13 (2) ACHIEVING EQUITY IN TEACHER DISTRIBU14 TION.—The State will take actions to comply with 

15 section 1111(b)(8)(C) of ESEA (20 U.S.C. 

16 6311(b)(8)(C)) in order to address inequities in the 

17 distribution of teachers between high-and low-pov18 erty schools, and to ensure that low-income and mi19 nority children are not taught at higher rates than 

20 other children by inexperienced, unqualified, or out21 of-field teachers. 

22 (3) IMPROVING COLLECTION AND USE OF

23 DATA.—The State will establish a longitudinal data 

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1 tion 6401(e)(2)(D) of the America COMPETES Act 

2 (20 U.S.C. 9871). 

3 (4) ASSESSMENTS.—The State— 

4 (A) will enhance the quality of academic 

5 assessments described in section 1111(b)(3) of 

6 ESEA (20 U.S.C. 6311(b)(3)) through activi7 ties such as those described in section 6112(a) 

8 of such Act (20 U.S.C. 7301a(a)); and 

9 (B) will comply with the requirements of 

10 paragraphs 3(C)(ix) and (6) of section 1111(b) 

11 of ESEA (20 U.S.C. 6311(b)) and section 

12 612(a)(16) of IDEA (20 U.S.C. 1412(a)(16)) 

13 related to the inclusion of children with disabil14 ities and limited English proficient students in 

15 State assessments, the development of valid and 

16 reliable assessments for those students, and the 

17 provision of accommodations that enable their 

18 participation in State assessments. 

19 SEC. 13006. STATE INCENTIVE GRANTS. 

20 (a) IN GENERAL.—From the total amount reserved 

21 under section 13001(c) that is not used for section 13007, 

22 the Secretary shall, in fiscal year 2010, make grants to 

23 States that have made significant progress in meeting the 

24 objectives of paragraphs (2), (3), and (4) of section 

25 13005(e). 


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1 (b) BASIS FOR GRANTS.—The Secretary shall deter2 mine which States receive grants under this section, and 

3 the amount of those grants, on the basis of information 

4 provided in State applications under section 13005 and 

5 such other criteria as the Secretary determines appro6 priate. 

7 (c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN8 CIES.—Each State receiving a grant under this section 

9 shall use at least 50 percent of the grant to provide local 

10 educational agencies in the State with subgrants based on 

11 their relative shares of funding under part A of title I of 

12 ESEA (20 U.S.C. 6311 et seq.) for the most recent year. 

13 SEC. 13007. INNOVATION FUND. 

14 (a) IN GENERAL.— 

15 (1) PROGRAM ESTABLISHED.—From the total 

16 amount reserved under section 13001(c), the Sec17 retary may reserve up to $325,000,000 each year to 

18 establish an Innovation Fund, which shall consist of 

19 academic achievement awards that recognize States, 

20 local educational agencies, or schools that meet the 

21 requirements described in subsection (b). 

22 (2) BASIS FOR AWARDS.—The Secretary shall 

23 make awards to States, local educational agencies, 

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1 ing the achievement gap as described in subsection 

2 (b)(1)— 

3 (A) to allow such States, local educational 

4 agencies, and schools to expand their work and 

5 serve as models for best practices; 

6 (B) to allow such States, local educational 

7 agencies, and schools to work in partnership 

8 with the private sector and the philanthropic 

9 community; and 

10 (C) to identify and document best practices 

11 that can be shared, and taken to scale based on 

12 demonstrated success. 

13 (b) ELIGIBILITY.—To be eligible for such an award, 

14 a State, local educational agency, or school shall— 

15 (1) have significantly closed the achievement 

16 gaps between groups of students described in section 

17 1111(b)(2) of ESEA (20 U.S.C. 6311(b)(2)); 

18 (2) have exceeded the State’s annual measur19 able objectives consistent with such section 

20 1111(b)(2) for 2 or more consecutive years or have 

21 demonstrated success in significantly increasing stu22 dent academic achievement for all groups of stu23 dents described in such section through another 

24 measure, such as measures described in section 

25 1111(c)(2) of ESEA; 


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1 (3) have made significant improvement in other 

2 areas, such as graduation rates or increased recruit3 ment and placement of high-quality teachers and 

4 school leaders, as demonstrated with meaningful 

5 data; and 

6 (4) demonstrate that they have established 

7 partnerships with the private sector, which may in8 clude philanthropic organizations, and that the pri9 vate sector will provide matching funds in order to 

10 help bring results to scale. 

11 SEC. 13008. STATE REPORTS. 

12 For each year of the program under this title, a State 

13 receiving funds under this title shall submit a report to 

14 the Secretary, at such time and in such manner as the 

15 Secretary may require, that describes— 

16 (1) the uses of funds provided under this title 

17 within the State; 

18 (2) how the State distributed the funds it re19 ceived under this title; 

20 (3) the number of jobs that the Governor esti21 mates were saved or created with funds the State re22 ceived under this title; 

23 (4) tax increases that the Governor estimates 

24 were averted because of the availability of funds 

25 from this title; 


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1 (5) the State’s progress in reducing inequities 

2 in the distribution of teachers, in implementing a 

3 State student longitudinal data system, and in devel4 oping and implementing valid and reliable assess5 ments for limited English proficient students and 

6 children with disabilities; 

7 (6) the tuition and fee increases for in-State 

8 students imposed by public institutions of higher 

9 education in the State during the period of avail10 ability of funds under this title, and a description of 

11 any actions taken by the State to limit those in12 creases; and 

13 (7) the extent to which public institutions of 

14 higher education maintained, increased, or decreased 

15 enrollment of in-State students, including students 

16 eligible for Pell Grants or other need-based financial 

17 assistance. 

18 SEC. 13009. EVALUATION. 

19 The Comptroller General of the United States shall 

20 conduct evaluations of the programs under sections 13006 

21 and 13007 which shall include, but not be limited to, the 

22 criteria used for the awards made, the States selected for 

23 awards, award amounts, how each State used the award 

24 received, and the impact of this funding on the progress 

25 made toward closing achievement gaps. 


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1 SEC. 13010. SECRETARY’S REPORT TO CONGRESS. 

2 The Secretary shall submit a report to the Committee 

3 on Education and Labor of the House of Representatives, 

4 the Committee on Health, Education, Labor, and Pen5 sions of the Senate, and the Committees on Appropria6 tions of the House of Representatives and of the Senate, 

7 not less than 6 months following the submission of State 

8 reports, that evaluates the information provided in the 

9 State reports under section 13008. 

10 SEC. 13011. PROHIBITION ON PROVISION OF CERTAIN AS11 SISTANCE. 

12 No recipient of funds under this title shall use such 

13 funds to provide financial assistance to students to attend 

14 private elementary or secondary schools. 

15 SEC. 13012. DEFINITIONS. 

16 Except as otherwise provided in this title, as used in 

17 this title— 

18 (1) the term ‘‘institution of higher education’’ 

19 has the meaning given such term in section 101 of 

20 the Higher Education Act of 1965 (20 U.S.C. 

21 1001); 

22 (2) the term ‘‘Secretary’’ means the Secretary 

23 of Education; 

24 (3) the term ‘‘State’’ means each of the 50 

25 States, the District of Columbia, and the Common26 wealth of Puerto Rico; and 


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1 (4) any other term used in this title that is de2 fined in section 9101 of ESEA (20 U.S.C. 7801) 

3 shall have the meaning given the term in that sec4 tion. 


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Union Calendar No. 1 

111TH CONGRESS 

1ST SESSION H. R. 679 

[Report No. 111–4] 

A BILL 

Making supplemental appropriations for job preser2009, and for other purposes. tion, for the fiscal year ending September 30, unemployed, and State and local fiscal stabiliza- energy efficiency and science, assistance to the vation and creation, infrastructure investment, 

JANUARY 26, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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