II 

Calendar No. 19 

111TH CONGRESS 

1ST SESSION S. 336 

[Report No. 111–3] 

Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the 

unemployed, and State and local fiscal stabilization, for the fiscal year 

ending September 30, 2009, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2009 

Mr. INOUYE, from the Committee on Appropriations, reported the following 

original bill, which was read twice and placed on the calendar 

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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 
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1 fiscal year ending September 30, 2009, and for other pur2 poses, namely: 

3 TITLE I—AGRICULTURE, RURAL DEVELOP4 MENT, FOOD AND DRUG ADMINISTRATION, 

5 AND RELATED AGENCIES 

6 DEPARTMENT OF AGRICULTURE 

7 OFFICE OF THE SECRETARY

8 (INCLUDING TRANSFERS OF FUNDS)

9 For an additional amount for the ‘‘Office of the Sec10 retary’’, $300,000,000, to remain available until Sep11 tember 30, 2010: Provided, That the Secretary may trans12 fer these funds to agencies of the Department, other than 

13 the Forest Service, for necessary replacement, moderniza14 tion, or upgrades of laboratories or other facilities to im15 prove workplace safety and mission-area efficiencies as 

16 deemed appropriate by the Secretary: Provided further, 

17 that the Secretary shall provide to the Committees on Ap18 propriations of the House and Senate a plan on the alloca19 tion of these funds no later than 60 days after the date 

20 of enactment of this Act. 

21 OFFICE OF INSPECTOR GENERAL

22 For an additional amount for ‘‘Office of Inspector 

23 General’’, $5,000,000, to remain available until Sep24 tember 30, 2010, for oversight and audit of programs, 

25 grants, and activities funded under this title. 
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1 COOPERATIVE STATE RESEARCH, EDUCATION AND

2 ECONOMIC SERVICE

3 RESEARCH AND EDUCATION ACTIVITIES

4 For an additional amount for competitive grants au5 thorized at 7 U.S.C. 450(i)(b), $100,000,000, to remain 

6 available until September 30, 2010. 

7 FARM SERVICE AGENCY

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Farm Service Agency, 

10 Salaries and Expenses’’, $171,000,000, to remain avail11 able until September 30, 2010. 

12 AGRICULTURAL CREDIT INSURANCE FUND PROGARM

13 ACCOUNT

14 For an additional amount for gross obligations for 

15 the principal amount of direct and guaranteed farm own16 ership (7 U.S.C 1922 et seq.) and operating (7 U.S.C. 

17 1941 et seq.) loans, to be available from funds in the Agri18 cultural Credit Insurance Fund Program Account, as fol19 lows: farm ownership loans, $400,000,000 of which 

20 $100,000,000 shall be for unsubsidized guaranteed loans 

21 and $300,000,000 shall be for direct loans; and operating 

22 loans, $250,000,000 of which $50,000,000 shall be for un23 subsidized guaranteed loans and $200,000,000 shall be for 

24 direct loans. 

25 For an additional amount for the cost of direct and 

26 guaranteed loans, including the cost of modifying loans, 
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1 as defined in section 502 of the Congressional Budget Act 

2 of 1974, to remain available until September 30, 2010, 

3 as follows: farm ownership loans, $17,530,000 of which 

4 $330,000 shall be for unsubsidized guaranteed loans and 

5 $17,200,000 shall be for direct loans; and operating loans, 

6 $24,900,000 of which $1,300,000 shall be for unsub7 sidized guaranteed loans and $23,600,000 shall be for di8 rect loans. 

9 Funds appropriated by this Act to the Agricultural 

10 Credit Insurance Fund Program Account for farm owner11 ship, operating, and emergency direct loans and unsub12 sidized guaranteed loans may be transferred among these 

13 programs: Provided, That the Committees on Appropria14 tions of both Houses of Congress are notified at least 15 

15 days in advance of any transfer. 

16 NATURAL RESOURCES CONSERVATION SERVICE

17 WATERSHED AND FLOOD PREVENTION OPERATIONS

18 For an additional amount for ‘‘Watershed and Flood 

19 Prevention Operations’’, $275,000,000, to remain avail20 able until September 30, 2010. 

21 WATERSHED REHABILITATION PROGRAM

22 For an additional amount for the ‘‘Watershed Reha23 bilitation Program’’, $120,000,000, to remain available 

24 until September 30, 2010. 
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1 RURAL DEVELOPMENT SALARIES AND EXPENSES

2 For an additional amount for ‘‘Rural Development, 

3 Salaries and Expenses’’, $110,000,000, to remain avail4 able until September 30, 2010. 

5 RURAL HOUSING SERVICE

6 RURAL HOUSING INSURANCE PROGRAM ACCOUNT

7 For an additional amount for gross obligations for 

8 the principal amount of direct and guaranteed loans as 

9 authorized by title V of the Housing Act of 1949, to be 

10 available from funds in the Rural Housing Insurance 

11 Fund Program Account, as follows: $1,000,000,000 for 

12 section 502 direct loans; and $10,472,000,000 for section 

13 502 unsubsidized guaranteed loans. 

14 For an additional amount for the cost of direct and 

15 guaranteed loans, including the cost of modifying loans, 

16 as defined in section 502 of the Congressional Budget Act 

17 of 1974, to remain available until September 30, 2010, 

18 as follows: $67,000,000 for section 502 direct loans; and 

19 $133,000,000 for section 502 unsubsidized guaranteed 

20 loans. 

21 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

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

23 loan guarantees, and grants for rural community facilities 

24 programs as authorized by section 306 and described in 

25 section 381E(d)(1) of the Consolidated Farm and Rural 
6 

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1 Development Act, $127,000,000, to remain available until 

2 September 30, 2010. 

3 RURAL BUSINESS—COOPERATIVE SERVICE

4 RURAL BUSINESS PROGRAM ACCOUNT

5 For an additional amount for the cost of guaranteed 

6 loans and grants as authorized by sections 310B(a)(2)(A) 

7 and 310B(c) of the Consolidated Farm and Rural Devel8 opment Act (7 U.S.C. 1932), $150,000,000, to remain 

9 available until September 30, 2010. 

10 BIOREFINERY ASSISTANCE

11 For the cost of loan guarantees and grants, as au12 thorized by section 9003 of the Farm Security and Rural 

13 Investment Act of 2002 (7 U.S.C. 8103), $200,000,000, 

14 to remain available until September 30, 2010. 

15 RURAL ENERGY FOR AMERICA PROGRAM

16 For an additional amount for the cost of loan guaran17 tees and grants, as authorized by section 9007 of the 

18 Farm Security and Rural Investment Act of 2002 (7 

19 U.S.C. 8107), $50,000,000, to remain available until Sep20 tember 30, 2010: Provided, That these funds may be used 

21 by tribes, local units of government, and schools in rural 

22 areas, as defined in section 343(a) of the Consolidated 

23 Farm and Rural Development Act (7 U.S.C. 1991(a)). 
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1 RURAL UTILITIES SERVICE

2 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

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

4 loan guarantees, and grants for the rural water, waste 

5 water, waste disposal, and solid waste management pro6 grams authorized by sections 306, 306A, 306C, 306D, 

7 and 310B and described in sections 306C(a)(2), 306D, 

8 and 381E(d)(2) of the Consolidated Farm and Rural De9 velopment Act, $1,375,000,000, to remain available until 

10 September 30, 2010. 

11 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

12 PROGRAM ACCOUNT

13 For an additional amount for direct loans and grants 

14 for distance learning and telemedicine services in rural 

15 areas, as authorized by 7 U.S.C. 950aaa, et seq., 

16 $200,000,000, to remain available until September 30, 

17 2010. 

18 FOOD AND NUTRITION SERVICE

19 CHILD NUTRITION PROGRAMS

20 For additional amount for the Richard B. Russell 

21 National School Lunch Act (42 U.S.C. 1751 et. seq.), ex22 cept section 21, and the Child Nutrition Act of 1966 (42 

23 U.S.C. 1771 et. seq.), except sections 17 and 21, 

24 $198,000,000, to remain available until September 30, 

25 2010, to carry out a grant program for National School 

26 Lunch Program equipment assistance: Provided, That 
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1 such funds shall be provided to States administering a 

2 school lunch program through a formula based on the 

3 ratio that the total number of lunches served in the Pro4 gram during the second preceding fiscal year bears to the 

5 total number of such lunches served in all States in such 

6 second preceding fiscal year: Provided further, That of 

7 such funds, the Secretary may approve the reserve by 

8 States of up to $20,000,000 for necessary enhancements 

9 to the State Distributing Agency’s commodity ordering 

10 and management system to achieve compatibility with the 

11 Department’s web-based supply chain management sys12 tem: Provided further, That of the funds remaining, the 

13 State shall provide competitive grants to school food au14 thorities based upon the need for equipment assistance in 

15 participating schools with priority given to schools in 

16 which not less than 50 percent of the students are eligible 

17 for free or reduced price meals under the Richard B. Rus18 sell National School Lunch Act and priority given to 

19 schools purchasing equipment for the purpose of offering 

20 more healthful foods and meals, in accordance with stand21 ards established by the Secretary. 

22 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

23 WOMEN, INFANTS, AND CHILDREN (WIC)

24 For an additional amount for the special supple25 mental nutrition program as authorized by section 17 of 

26 the Child Nutrition Act of 1966 (42 U.S.C. 1786), to re-
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1 main available until September 30, 2010, $500,000,000, 

2 of which $380,000,000 shall be placed in reserve to be 

3 allocated as the Secretary deems necessary, notwith4 standing section 17(i) of such Act, to support participa5 tion should cost or participation exceed budget estimates, 

6 and of which $120,000,000 shall be for the purposes speci7 fied in section 17(h)(10)(B)(ii): Provided, That up to one 

8 percent of the funding provided for the purposes specified 

9 in section 17(h)(10)(B)(ii) may be reserved by the Sec10 retary for Federal administrative activities in support of 

11 those purposes. 

12 COMMODITY ASSISTANCE PROGRAM

13 For an additional amount for the ‘‘Commodity As14 sistance Program’’, to remain available until September 

15 30, 2010, $150,000,000, which the Secretary shall use to 

16 purchase a variety of commodities as authorized by the 

17 Commodity Credit Corporation or under section 32 of the 

18 Act entitled ‘‘An Act to amend the Agricultural Adjust19 ment Act, and for other purposes’’, approved August 24, 

20 1935 (7 U.S.C. 612c): Provided, That the Secretary shall 

21 distribute the commodities to States for distribution in ac22 cordance with section 214 of the Emergency Food Assist23 ance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note): 

24 Provided further, That of the funds made available, the 

25 Secretary may use up to $50,000,000 for costs associated 

26 with the distribution of commodities. 
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1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 101. Funds appropriated by this Act and made 

3 available to the United States Department of Agriculture 

4 for broadband direct loans and loan guarantees, as author5 ized under title VI of the Rural Electrification Act of 1936 

6 (7 U.S.C. 950bb) and for grants, shall be available for 

7 broadband infrastructure in any area of the United States 

8 notwithstanding title VI of the Rural Electrification Act 

9 of 1936: Provided, That at least 75 percent of the area 

10 served by the projects receiving funds from such grants, 

11 loans, or loan guarantees is in a rural area without suffi12 cient access to high speed broadband service to facilitate 

13 rural economic development, as determined by the Sec14 retary: Provided further, That priority for awarding funds 

15 made available under this paragraph shall be given to 

16 projects that provide service to the highest proportion of 

17 rural residents that do not have sufficient access to 

18 broadband service: Provided further, That priority for 

19 awarding such funds shall be given to project applications 

20 that demonstrate that, if the application is approved, all 

21 project elements will be fully funded: Provided further, 

22 That priority for awarding such funds shall be given to 

23 activities that can commence promptly following approval: 

24 Provided further, That the Department shall submit a re25 port on planned spending and actual obligations describ-
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1 ing the use of these funds not later than 90 days after 

2 the date of enactment of this Act, and quarterly thereafter 

3 until all funds are obligated, to the Committees on Appro4 priations of the House of Representatives and the Senate. 

5 SEC. 102. NUTRITION FOR ECONOMIC RECOVERY. 

6 (a) MAXIMUM BENEFIT INCREASES.— 

7 (1) ECONOMIC RECOVERY 1-MONTH BEGINNING

8 STIMULUS PAYMENT.—For the first month that be9 gins not less than 25 days after the date of enact10 ment of this Act, the Secretary of Agriculture (re11 ferred to in this section as the ‘‘Secretary’’) shall in12 crease the cost of the thrifty food plan for purposes 

13 of section 8(a) of the Food and Nutrition Act of 

14 2008 (7 U.S.C. 2017(a)) by 85 percent. 

15 (2) REMAINDER OF FISCAL YEAR 2009.—Begin16 ning with the second month that begins not less 

17 than 25 days after the date of enactment of this 

18 Act, and for each subsequent month through the 

19 month ending September 30, 2009, the Secretary 

20 shall increase the cost of the thrifty food plan for 

21 purposes of section 8(a) of the Food and Nutrition 

22 Act of 2008 (7 U.S.C. 2017(a)) by 12 percent. 

23 (3) SUBSEQUENT INCREASE FOR FISCAL YEAR

24 2010.—Beginning on October 1, 2009, and for each 

25 subsequent month through the month ending Sep-
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1 tember 30, 2010, the Secretary shall increase the 

2 cost of the thrifty food plan for purposes of section 

3 8(a) of the Food and Nutrition Act of 2008 (7 

4 U.S.C. 2017(a)) by an amount equal to 12 percent, 

5 less the percentage by which the Secretary deter6 mines the thrifty food plan would otherwise be ad7 justed on October 1, 2009, as required under section 

8 3(u) of that Act (7 U.S.C. 2012(u)), if the percent9 age is less than 12 percent. 

10 (4) SUBSEQUENT INCREASE FOR FISCAL YEAR

11 2011.—Beginning on October 1, 2010, and for each 

12 subsequent month through the month ending Sep13 tember 30, 2011, the Secretary shall increase the 

14 cost of the thrifty food plan for purposes of section 

15 8(a) of the Food and Nutrition Act of 2008 (7 

16 U.S.C. 2017(a)) by an amount equal to 12 percent, 

17 less the sum of the percentages by which the Sec18 retary determines the thrifty food plan would other19 wise be adjusted on October 1, 2009 and October 1, 

20 2010, as required under section 3(u) of that Act (7 

21 U.S.C. 2012(u)), if the sum of such percentages is 

22 less than 12 percent. 

23 (5) TERMINATION OF EFFECTIVENESS.—Effec24 tive beginning October 1, 2011, the authority pro-
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1 vided by this subsection terminates and has no ef2 fect. 

3 (b) ADMINISTRATION.—In carrying out this section, 

4 the Secretary shall— 

5 (1) consider the benefit increases described in 

6 subsection (a) to be a mass change; 

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

8 households of the changes in benefits; 

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

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

11 to apply to any errors in the implementation of this 

12 section, without regard to the 120-day limit de13 scribed in section 16(c)(3)(A) of that Act; 

14 (4) disregard the additional amount of benefits 

15 that a household receives as a result of this section 

16 in determining the amount of overissuances under 

17 section 13 of the Food and Nutrition Act of 2008 

18 (7 U.S.C. 2022) and the hours of participation in a 

19 program under section 6(d), 20, or 26 of that Act 

20 (7 U.S.C. 2015(d), 2029, 2035); and 

21 (5) set the tolerance level for excluding small 

22 errors for the purposes of section 16(c) of the Food 

23 and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at 

24 $50 for the period that the benefit increase under 

25 subsection (a) is in effect. 
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1 (c) ADMINISTRATIVE EXPENSES.— 

2 (1) IN GENERAL.—For the costs of State ad3 ministrative expenses associated with carrying out 

4 this section and administering the supplemental nu5 trition assistance program established under the 

6 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 

7 seq.) (referred to in this section as the ‘‘supple8 mental nutrition assistance program’’) during a pe9 riod of rising program caseloads, and for the ex10 penses of the Secretary under paragraph (6), the 

11 Secretary shall make available $150,000,000 for 

12 each of fiscal years 2009 and 2010, to remain avail13 able through September 30, 2010. 

14 (2) TIMING FOR FISCAL YEAR 2009.—Not later 

15 than 60 days after the date of enactment of this 

16 Act, the Secretary shall make available to States 

17 amounts for fiscal year 2009 under paragraph (1). 

18 (3) ALLOCATION OF FUNDS.—Except as pro19 vided in paragraph (6), funds described in para20 graph (1) shall be made available to States that 

21 meet the requirements of paragraph (5) as grants to 

22 State agencies for each fiscal year as follows: 

23 (A) 75 percent of the amounts available 

24 for each fiscal year shall be allocated to States 

25 based on the share of each State of households 
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1 that participate in the supplemental nutrition 

2 assistance program as reported to the Depart3 ment of Agriculture for the most recent 12- 

4 month period for which data are available, ad5 justed by the Secretary (in the discretion of the 

6 Secretary) for participation in disaster pro7 grams under section 5(h) of the Food and Nu8 trition Act of 2008 (7 U.S.C. 2014(h)); and 

9 (B) 25 percent of the amounts available 

10 for each fiscal year shall be allocated to States 

11 based on the increase in the number of house12 holds that participate in the supplemental nu13 trition assistance program as reported to the 

14 Department of Agriculture over the most recent 

15 12-month period for which data are available, 

16 adjusted by the Secretary (in the discretion of 

17 the Secretary) for participation in disaster pro18 grams under section 5(h) of the Food and Nu19 trition Act of 2008 (7 U.S.C. 2014(h)). 

20 (4) REDISTRIBUTION.—The Secretary shall de21 termine an appropriate procedure for redistribution 

22 of amounts allocated to States that would otherwise 

23 be provided allocations under paragraph (3) for a 

24 fiscal year but that do not meet the requirements of 

25 paragraph (5). 
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1 (5) MAINTENANCE OF EFFORT.— 

2 (A) DEFINITION OF SPECIFIED STATE AD3 MINISTRATIVE COSTS.—In this paragraph: 

4 (i) IN GENERAL.—The term ‘‘specified 

5 State administrative costs’’ includes all 

6 State administrative costs under the sup7 plemental nutrition assistance program. 

8 (ii) EXCLUSIONS.—The term ‘‘speci9 fied State administrative costs’’ does not 

10 include— 

11 (I) the costs of employment and 

12 training programs under section 6(d), 

13 20, or 26 of the Food and Nutrition 

14 Act of 2008 (7 U.S.C. 2015(d), 2029, 

15 2035); 

16 (II) the costs of nutrition edu17 cation under section 11(f) of that Act 

18 (7 U.S.C. 2020(f)); and 

19 (III) any other costs the Sec20 retary determines should be excluded. 

21 (B) REQUIREMENT.—The Secretary shall 

22 make funds under this subsection available only 

23 to States that, as determined by the Secretary, 

24 maintain State expenditures on specified State 

25 administrative costs. 
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1 (6) MONITORING AND EVALUATION.—Of the 

2 amounts made available under paragraph (1), the 

3 Secretary may retain up to $5,000,000 for the costs 

4 incurred by the Secretary in monitoring the integrity 

5 and evaluating the effects of the payments made 

6 under this section. 

7 (d) FOOD DISTRIBUTION PROGRAM ON INDIAN RES8 ERVATIONS.—For the costs of administrative expenses as9 sociated with the food distribution program on Indian res10 ervations established under section 4(b) of the Food and 

11 Nutrition Act of 2008 (7 U.S.C. 2013(b)), the Secretary 

12 shall make available $5,000,000, to remain available until 

13 September 30, 2010. 

14 (e) CONSOLIDATED BLOCK GRANTS FOR PUERTO

15 RICO AND AMERICAN SAMOA.— 

16 (1) FISCAL YEAR 2009.— 

17 (A) IN GENERAL.—For fiscal year 2009, 

18 the Secretary shall increase by 12 percent the 

19 amount available for nutrition assistance for eli20 gible households under the consolidated block 

21 grants for the Commonwealth of Puerto Rico 

22 and American Samoa under section 19 of the 

23 Food and Nutrition Act of 2008 (7 U.S.C. 

24 2028). 
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1 (B) AVAILABILITY OF FUNDS.—Funds 

2 made available under subparagraph (A) shall 

3 remain available through September 30, 2010. 

4 (2) FISCAL YEAR 2010.—For fiscal year 2010, 

5 the Secretary shall increase the amount available for 

6 nutrition assistance for eligible households under the 

7 consolidated block grants for the Commonwealth of 

8 Puerto Rico and American Samoa under section 19 

9 of the Food and Nutrition Act of 2008 (7 U.S.C. 

10 2028) by 12 percent, less the percentage by which 

11 the Secretary determines the consolidated block 

12 grants would otherwise be adjusted on October 1, 

13 2009, as required by section 19(a)(2)(A)(ii) of that 

14 Act (7 U.S.C. 2028(a)(2)(A)(ii)), if the percentage 

15 is less than 12 percent. 

16 (3) FISCAL YEAR 2011.—For fiscal year 2011, 

17 the Secretary shall increase the amount available for 

18 nutrition assistance for eligible households under the 

19 consolidated block grants for the Commonwealth of 

20 Puerto Rico and American Samoa under section 19 

21 of the Food and Nutrition Act of 2008 (7 U.S.C. 

22 2028) by 12 percent, less the sum of the percentages 

23 by which the Secretary determines the consolidated 

24 block grants would otherwise be adjusted on October 

25 1, 2009, and October 1, 2010, as required by section 
19 

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1 19(a)(2)(A)(ii) of that Act (7 U.S.C. 

2 2028(a)(2)(A)(ii)), if the sum of the percentages is 

3 less than 12 percent. 

4 (f) TREATMENT OF JOBLESS WORKERS.— 

5 (1) REMAINDER OF FISCAL YEAR 2009

6 THROUGH FISCAL YEAR 2011.—Beginning with the 

7 first month that begins not less than 25 days after 

8 the date of enactment of this Act and for each sub9 sequent month through September 30, 2011, eligi10 bility for supplemental nutrition assistance program 

11 benefits shall not be limited under section 6(o)(2) of 

12 the Food and Nutrition Act of 2008 unless an indi13 vidual does not comply with the requirements of a 

14 program offered by the State agency that meets the 

15 standards of subparagraphs (B) or (C) of that para16 graph. 

17 (2) FISCAL YEAR 2012 AND THEREAFTER.—Be18 ginning on October 1, 2011, for the purposes of sec19 tion 6(o) of the Food and Nutrition Act of 2008 (7 

20 U.S.C. 2015(o)), a State agency shall disregard any 

21 period during which an individual received benefits 

22 under the supplemental nutrition assistance program 

23 prior to October 1, 2011. 

24 (g) FUNDING.—There are appropriated to the Sec25 retary out of funds of the Treasury not otherwise appro-
20 

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1 priated such sums as are necessary to carry out this sec2 tion. 

3 SEC. 103. AGRICULTURAL DISASTER ASSISTANCE

4 TRANSITION. (a) FEDERAL CROP INSURANCE ACT.—Sec5 tion 531(g) of the Federal Crop Insurance Act (7 U.S.C. 

6 1531(g)) is amended by adding at the end the following: 

7 ‘‘(7) 2008 TRANSITION ASSISTANCE.— 

8 ‘‘(A) IN GENERAL.—Eligible producers on 

9 a farm described in subparagraph (A) of para10 graph (4) that failed to timely pay the appro11 priate fee described in that subparagraph shall 

12 be eligible for assistance under this section in 

13 accordance with subparagraph (B) if the eligi14 ble producers on the farm— 

15 ‘‘(i) pay the appropriate fee described 

16 in paragraph (4)(A) not later than 90 days 

17 after the date of enactment of this para18 graph; and 

19 ‘‘(ii)(I) in the case of each insurable 

20 commodity of the eligible producers on the 

21 farm, excluding grazing land, agree to ob22 tain a policy or plan of insurance under 

23 subtitle A (excluding a crop insurance pilot 

24 program under that subtitle) for the next 

25 insurance year for which crop insurance is 
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1 available to the eligible producers on the 

2 farm at a level of coverage equal to 70 per3 cent or more of the recorded or appraised 

4 average yield indemnified at 100 percent of 

5 the expected market price, or an equivalent 

6 coverage; and 

7 ‘‘(II) in the case of each noninsurable 

8 commodity of the eligible producers on the 

9 farm, agree to file the required paperwork, 

10 and pay the administrative fee by the ap11 plicable State filing deadline, for the non12 insured crop assistance program for the 

13 2009 crop year. 

14 ‘‘(B) AMOUNT OF ASSISTANCE.—Eligible 

15 producers on a farm that meet the require16 ments of subparagraph (A) shall be eligible to 

17 receive assistance under this section as if the el18 igible producers on the farm— 

19 ‘‘(i) in the case of each insurable com20 modity of the eligible producers on the 

21 farm, had obtained a policy or plan of in22 surance for the 2008 crop year at a level 

23 of coverage not to exceed 70 percent or 

24 more of the recorded or appraised average 

25 yield indemnified at 100 percent of the ex-
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1 pected market price, or an equivalent cov2 erage; and 

3 ‘‘(ii) in the case of each noninsurable 

4 commodity of the eligible producers on the 

5 farm, had filed the required paperwork, 

6 and paid the administrative fee by the ap7 plicable State filing deadline, for the non8 insured crop assistance program for the 

9 2008 crop year, except that in determining 

10 yield under that program, the Secretary 

11 shall use a percentage that is 70 percent. 

12 ‘‘(C) EQUITABLE RELIEF.—Except as pro13 vided in subparagraph (D), eligible producers 

14 on a farm that met the requirements of para15 graph (1) before the deadline described in para16 graph (4)(A) and received, or are eligible to re17 ceive, a disaster assistance payment under this 

18 section for a production loss during the 2008 

19 crop year shall be eligible to receive an addi20 tional amount equal to the greater of— 

21 ‘‘(i) the amount that would have been 

22 calculated under subparagraph (B) if the 

23 eligible producers on the farm had paid the 

24 appropriate fee under that subparagraph; 

25 or 
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1 ‘‘(ii) the amount that would have been 

2 calculated under subparagraph (A) of sub3 section (b)(3) if— 

4 ‘‘(I) in clause (i) of that subpara5 graph, ‘120 percent’ is substituted for 

6 ‘115 percent’; and 

7 ‘‘(II) in clause (ii) of that sub8 paragraph, ‘125’ is substituted for 

9 ‘120 percent’. 

10 ‘‘(D) LIMITATION.—For amounts made 

11 available under this paragraph, the Secretary 

12 may make such adjustments as are necessary to 

13 ensure that no producer receives a payment 

14 under this paragraph for an amount in excess 

15 of the assistance received by a similarly situated 

16 producer that had purchased the same or high17 er level of crop insurance prior to the date of 

18 enactment of this paragraph. 

19 ‘‘(E) AUTHORITY OF THE SECRETARY.— 

20 The Secretary may provide such additional as21 sistance as the Secretary considers appropriate 

22 to provide equitable treatment for eligible pro23 ducers on a farm that suffered production 

24 losses in the 2008 crop year that result in 
24 

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1 multiyear production losses, as determined by 

2 the Secretary. 

3 ‘‘(F) LACK OF ACCESS.—Notwithstanding 

4 any other provision of this section, the Sec5 retary may provide assistance under this section 

6 to eligible producers on a farm that— 

7 ‘‘(i) suffered a production loss due to 

8 a natural cause during the 2008 crop year; 

9 and 

10 ‘‘(ii) as determined by the Secretary— 

11 ‘‘(I)(aa) except as provided in 

12 item (bb), lack access to a policy or 

13 plan of insurance under subtitle A; or 

14 ‘‘(bb) do not qualify for a written 

15 agreement because 1 or more farming 

16 practices, which the Secretary has de17 termined are good farming practices, 

18 of the eligible producers on the farm 

19 differ significantly from the farming 

20 practices used by producers of the 

21 same crop in other regions of the 

22 United States; and 

23 ‘‘(II) are not eligible for the non24 insured crop disaster assistance pro25 gram established by section 196 of the 
25 

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1 Federal Agriculture Improvement and 

2 Reform Act of 1996 (7 U.S.C. 

3 7333).’’. 

4 (b) TRADE ACT OF 1974.—Section 901(g) of the 

5 Trade Act of 1974 (19 U.S.C. 2497(g)) is amended by 

6 adding at the end the following: 

7 ‘‘(7) 2008 TRANSITION ASSISTANCE.— 

8 ‘‘(A) IN GENERAL.—Eligible producers on 

9 a farm described in subparagraph (A) of para10 graph (4) that failed to timely pay the appro11 priate fee described in that subparagraph shall 

12 be eligible for assistance under this section in 

13 accordance with subparagraph (B) if the eligi14 ble producers on the farm— 

15 ‘‘(i) pay the appropriate fee described 

16 in paragraph (4)(A) not later than 90 days 

17 after the date of enactment of this para18 graph; and 

19 ‘‘(ii)(I) in the case of each insurable 

20 commodity of the eligible producers on the 

21 farm, excluding grazing land, agree to ob22 tain a policy or plan of insurance under 

23 the Federal Crop Insurance Act (7 U.S.C. 

24 1501 et seq.) (excluding a crop insurance 

25 pilot program under that Act) for the next 
26 

S 336 PCS 

1 insurance year for which crop insurance is 

2 available to the eligible producers on the 

3 farm at a level of coverage equal to 70 per4 cent or more of the recorded or appraised 

5 average yield indemnified at 100 percent of 

6 the expected market price, or an equivalent 

7 coverage; and 

8 ‘‘(II) in the case of each noninsurable 

9 commodity of the eligible producers on the 

10 farm, agree to file the required paperwork, 

11 and pay the administrative fee by the ap12 plicable State filing deadline, for the non13 insured crop assistance program for the 

14 2009 crop year. 

15 ‘‘(B) AMOUNT OF ASSISTANCE.—Eligible 

16 producers on a farm that meet the require17 ments of subparagraph (A) shall be eligible to 

18 receive assistance under this section as if the el19 igible producers on the farm— 

20 ‘‘(i) in the case of each insurable com21 modity of the eligible producers on the 

22 farm, had obtained a policy or plan of in23 surance for the 2008 crop year at a level 

24 of coverage not to exceed 70 percent or 

25 more of the recorded or appraised average 
27 

S 336 PCS 

1 yield indemnified at 100 percent of the ex2 pected market price, or an equivalent cov3 erage; and 

4 ‘‘(ii) in the case of each noninsurable 

5 commodity of the eligible producers on the 

6 farm, had filed the required paperwork, 

7 and paid the administrative fee by the ap8 plicable State filing deadline, for the non9 insured crop assistance program for the 

10 2008 crop year, except that in determining 

11 yield under that program, the Secretary 

12 shall use a percentage that is 70 percent. 

13 ‘‘(C) EQUITABLE RELIEF.—Except as pro14 vided in subparagraph (D), eligible producers 

15 on a farm that met the requirements of para16 graph (1) before the deadline described in para17 graph (4)(A) and received, or are eligible to re18 ceive, a disaster assistance payment under this 

19 section for a production loss during the 2008 

20 crop year shall be eligible to receive an addi21 tional amount equal to the greater of— 

22 ‘‘(i) the amount that would have been 

23 calculated under subparagraph (B) if the 

24 eligible producers on the farm had paid the 
28 

S 336 PCS 

1 appropriate fee under that subparagraph; 

2 or 

3 ‘‘(ii) the amount that would have been 

4 calculated under subparagraph (A) of sub5 section (b)(3) if— 

6 ‘‘(I) in clause (i) of that subpara7 graph, ‘120 percent’ is substituted for 

8 ‘115 percent’; and 

9 ‘‘(II) in clause (ii) of that sub10 paragraph, ‘125’ is substituted for 

11 ‘120 percent’. 

12 ‘‘(D) LIMITATION.—For amounts made 

13 available under this paragraph, the Secretary 

14 may make such adjustments as are necessary to 

15 ensure that no producer receives a payment 

16 under this paragraph for an amount in excess 

17 of the assistance received by a similarly situated 

18 producer that had purchased the same or high19 er level of crop insurance prior to the date of 

20 enactment of this paragraph. 

21 ‘‘(E) AUTHORITY OF THE SECRETARY.— 

22 The Secretary may provide such additional as23 sistance as the Secretary considers appropriate 

24 to provide equitable treatment for eligible pro25 ducers on a farm that suffered production 
29 

S 336 PCS 

1 losses in the 2008 crop year that result in 

2 multiyear production losses, as determined by 

3 the Secretary. 

4 ‘‘(F) LACK OF ACCESS.—Notwithstanding 

5 any other provision of this section, the Sec6 retary may provide assistance under this section 

7 to eligible producers on a farm that— 

8 ‘‘(i) suffered a production loss due to 

9 a natural cause during the 2008 crop year; 

10 and 

11 ‘‘(ii) as determined by the Secretary— 

12 ‘‘(I)(aa) except as provided in 

13 item (bb), lack access to a policy or 

14 plan of insurance under subtitle A; or 

15 ‘‘(bb) do not qualify for a written 

16 agreement because 1 or more farming 

17 practices, which the Secretary has de18 termined are good farming practices, 

19 of the eligible producers on the farm 

20 differ significantly from the farming 

21 practices used by producers of the 

22 same crop in other regions of the 

23 United States; and 

24 ‘‘(II) are not eligible for the non25 insured crop disaster assistance pro-
30 

S 336 PCS 

1 gram established by section 196 of the 

2 Federal Agriculture Improvement and 

3 Reform Act of 1996 (7 U.S.C. 

4 7333).’’. 

5 (c) EMERGENCY LOANS.— 

6 (1) IN GENERAL.—For the principal amount of 

7 direct emergency loans under section 321 of the 

8 Consolidated Farm and Rural Development Act (7 

9 U.S.C. 1961), $200,000,000. 

10 (2) DIRECT EMERGENCY LOANS.—For the cost 

11 of direct emergency loans, including the cost of 

12 modifying loans, as defined in section 502 of the 

13 Congressional Budget Act of 1974 (2 U.S.C. 661a), 

14 $28,440,000, to remain available until September 

15 30, 2010. 

16 (d) 2008 AQUACULTURE ASSISTANCE.— 

17 (1) DEFINITIONS.—In this subsection: 

18 (A) ELIGIBLE AQUACULTURE PRO19 DUCER.—The term ‘‘eligible aquaculture pro20 ducer’’ means an aquaculture producer that 

21 during the 2008 calendar year, as determined 

22 by the Secretary— 

23 (i) produced an aquaculture species 

24 for which feed costs represented a substan-
31 

S 336 PCS 

1 tial percentage of the input costs of the 

2 aquaculture operation; and 

3 (ii) experienced a substantial price in4 crease of feed costs above the previous 5- 

5 year average. 

6 (B) SECRETARY.—The term ‘‘Secretary’’ 

7 means the Secretary of Agriculture. 

8 (2) GRANT PROGRAM.— 

9 (A) IN GENERAL.—Of the funds of the 

10 Commodity Credit Corporation, the Secretary 

11 shall use not more than $100,000,000, to re12 main available until September 30, 2010, to 

13 carry out a program of grants to States to as14 sist eligible aquaculture producers for losses as15 sociated with high feed input costs during the 

16 2008 calendar year. 

17 (B) NOTIFICATION.—Not later than 60 

18 days after the date of enactment of this Act, 

19 the Secretary shall notify the State department 

20 of agriculture (or similar entity) in each State 

21 of the availability of funds to assist eligible 

22 aquaculture producers, including such terms as 

23 determined by the Secretary to be necessary for 

24 the equitable treatment of eligible aquaculture 

25 producers. 
32 

S 336 PCS 

1 (C) PROVISION OF GRANTS.— 

2 (i) IN GENERAL.—The Secretary shall 

3 make grants to States under this sub4 section on a pro rata basis based on the 

5 amount of aquaculture feed used in each 

6 State during the 2007 calendar year, as 

7 determined by the Secretary. 

8 (ii) TIMING.—Not later than 120 days 

9 after the date of enactment of this Act, the 

10 Secretary shall make grants to States to 

11 provide assistance under this subsection. 

12 (D) REQUIREMENTS.—The Secretary shall 

13 make grants under this subsection only to 

14 States that demonstrate to the satisfaction of 

15 the Secretary that the State will— 

16 (i) use grant funds to assist eligible 

17 aquaculture producers; 

18 (ii) provide assistance to eligible aqua19 culture producers not later than 60 days 

20 after the date on which the State receives 

21 grant funds; and 

22 (iii) not later than 30 days after the 

23 date on which the State provides assistance 

24 to eligible aquaculture producers, submit to 

25 the Secretary a report that describes— 
33 

S 336 PCS 

1 (I) the manner in which the 

2 State provided assistance; 

3 (II) the amounts of assistance 

4 provided per species of aquaculture; 

5 and 

6 (III) the process by which the 

7 State determined the levels of assist8 ance to eligible aquaculture producers. 

9 (3) REDUCTION IN PAYMENTS.—An eligible 

10 aquaculture producer that receives assistance under 

11 this subsection shall not be eligible to receive any 

12 other assistance under the supplemental agricultural 

13 disaster assistance program established under sec14 tion 531 of the Federal Crop Insurance Act (7 

15 U.S.C. 1531) and section 901 of the Trade Act of 

16 1974 (19 U.S.C. 2497) for any losses in 2008 relat17 ing to the same species of aquaculture. 

18 (4) REPORT TO CONGRESS.—Not later than 

19 180 days after the date of enactment of this Act, the 

20 Secretary shall submit to the appropriate committees 

21 of Congress a report that— 

22 (A) describes in detail the manner in which 

23 this subsection has been carried out; and 

24 (B) includes the information reported to 

25 the Secretary under paragraph (2)(D)(iii). 
34 

S 336 PCS 

1 SEC. 104. (a) Hereafter, in this section, the term 

2 ‘‘nonambulatory disabled cattle’’ means cattle, other than 

3 cattle that are less than 5 months old or weigh less than 

4 500 pounds, subject to inspection under section 3(b) of 

5 the Federal Meat Inspection Act (21 U.S.C. 603(b)) that 

6 cannot rise from a recumbent position or walk, including 

7 cattle with a broken appendage, severed tendon or liga8 ment, nerve paralysis, fractured vertebral column, or a 

9 metabolic condition. 

10 (b) Hereafter, none of the funds made available 

11 under this or any other Act may be used to pay the sala12 ries or expenses of any personnel of the Food Safety and 

13 Inspection Service to pass through inspection any non14 ambulatory disabled cattle for use as human food, regard15 less of the reason for the nonambulatory status of the cat16 tle or the time at which the cattle became nonambulatory. 

17 SEC. 105. STATE AND LOCAL GOVERNMENTS. Sec18 tion 1001(f)(6)(A) of the Food Security Act of 1985 (7 

19 U.S.C. 1308(f)(6)(A)) is amended by inserting ‘‘(other 

20 than the conservation reserve program established under 

21 subchapter B of chapter 1 of subtitle D of title XII of 

22 this Act)’’ before the period at the end. 

23 SEC. 106. Except for title I of the Food, Conserva24 tion, and Energy Act of 2008 (Public Law 110–246), 

25 Commodity Credit Corporation funds provided in that Act 
35 

S 336 PCS 

1 shall be available for administrative expenses, including 

2 technical assistance, without regard to the limitation in 

3 15 U.S.C. 714i. 

4 TITLE II—COMMERCE, JUSTICE, SCIENCE, AND 

5 RELATED AGENCIES 

6 DEPARTMENT OF COMMERCE 

7 BUREAU OF INDUSTRY AND SECURITY

8 OPERATIONS AND ADMINISTRATION

9 For an additional amount for ‘‘Operations and Ad10 ministration’’, $20,000,000, to remain available until Sep11 tember 30, 2010. 

12 ECONOMIC DEVELOPMENT ADMINISTRATION

13 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

14 For an additional amount for ‘‘Economic Develop15 ment Assistance Programs’’, $150,000,000, to remain 

16 available until September 30, 2010: Provided, That 

17 $50,000,000 shall be for economic adjustment assistance 

18 as authorized by section 209 of the Public Works and Eco19 nomic Development Act of 1965, as amended (42 U.S.C. 

20 3149): Provided further, That in allocating the funds pro21 vided in the previous proviso, the Secretary of Commerce 

22 shall give priority consideration to areas of the Nation 

23 that have experienced sudden and severe economic disloca24 tion and job loss due to corporate restructuring. 
36 

S 336 PCS 

1 BUREAU OF THE CENSUS

2 PERIODIC CENSUSES AND PROGRAMS

3 For an additional amount for ‘‘Periodic Censuses and 

4 Programs’’, $1,000,000,000, to remain available until 

5 September 30, 2010. 

6 NATIONAL TELECOMMUNICATIONS AND INFORMATION

7 ADMINISTRATION

8 BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM

9 For an amount for ‘‘Broadband Technology Opportu10 nities Program’’, $9,000,000,000, to remain available 

11 until September 30, 2010: Provided, That of the funds 

12 provided under this heading, $8,650,000,000 shall be ex13 pended pursuant to section 201 of this Act, of which: not 

14 less than $200,000,000 shall be available for competitive 

15 grants for expanding public computer center capacity, in16 cluding at community colleges and public libraries; not less 

17 than $250,000,000 shall be available for competitive 

18 grants for innovative programs to encourage sustainable 

19 adoption of broadband service; and $10,000,000 shall be 

20 transferred to ‘‘Department of Commerce, Office of In21 spector General’’ for the purposes of audits and oversight 

22 of funds provided under this heading and such funds shall 

23 remain available until expended: Provided further, That 50 

24 percent of the funds provided in the previous proviso shall 

25 be used to support projects in rural communities, which 
37 

S 336 PCS 

1 in part may be transferred to the Department of Agri2 culture for administration through the Rural Utilities 

3 Service if deemed necessary and appropriate by the Sec4 retary of Commerce, in consultation with the Secretary of 

5 Agriculture, and only if the Committees on Appropriations 

6 of the House and the Senate are notified not less than 

7 15 days in advance of the transfer of such funds: Provided 

8 further, That of the funds provided under this heading, 

9 up to $350,000,000 may be expended pursuant to Public 

10 Law 110–385 (47 U.S.C. 1301 note) and for the purposes 

11 of developing and maintaining a broadband inventory map 

12 pursuant to section 201 of this Act: Provided further, That 

13 of the funds provided under this heading, amounts deemed 

14 necessary and appropriate by the Secretary of Commerce, 

15 in consultation with the Federal Communications Com16 mission (FCC), may be transferred to the FCC for the 

17 purposes of developing a national broadband plan or for 

18 carrying out any other FCC responsibilities pursuant to 

19 section 201 of this Act, and only if the Committees on 

20 Appropriations of the House and the Senate are notified 

21 not less than 15 days in advance of the transfer of such 

22 funds: Provided further, That not more than 3 percent of 

23 funds provided under this heading may be used for admin24 istrative costs, and this limitation shall apply to funds 
38 

S 336 PCS 

1 which may be transferred to the Department of Agri2 culture and the FCC. 

3 DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM

4 For an amount for ‘‘Digital-to-Analog Converter Box 

5 Program’’, $650,000,000, for additional coupons and re6 lated activities under the program implemented under sec7 tion 3005 of the Digital Television Transition and Public 

8 Safety Act of 2005, to remain available until September 

9 30, 2010: Provided, That of the amounts provided under 

10 this heading, $90,000,000 may be for education and out11 reach, including grants to organizations for programs to 

12 educate vulnerable populations, including senior citizens, 

13 minority communities, people with disabilities, low-income 

14 individuals, and people living in rural areas, about the 

15 transition and to provide one-on-one assistance to vulner16 able populations, including help with converter box instal17 lation: Provided further, That the amounts provided in the 

18 previous proviso may be transferred to the Federal Com19 munications Commission (Commission) if deemed nec20 essary and appropriate by the Secretary of Commerce in 

21 consultation with the Commission, and only if the Com22 mittees on Appropriations of the House and the Senate 

23 are notified not less than 5 days in advance of transfer 

24 of such funds: Provided further, That $2,000,000 of funds 

25 provided under this heading shall be transferred to ‘‘De-
39 

S 336 PCS 

1 partment of Commerce, Office of Inspector General’’ for 

2 audits and oversight of funds provided under this heading. 

3 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

4 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

5 For an additional amount for ‘‘Scientific and Tech6 nical Research and Services’’, $218,000,000, to remain 

7 available until September 30, 2010. 

8 CONSTRUCTION OF RESEARCH FACILITIES

9 For an additional amount for ‘‘Construction of Re10 search Facilities’’, $357,000,000, to remain available until 

11 September 30, 2010. 

12 NATIONAL OCEANIC AND ATMOSPHERIC

13 ADMINISTRATION

14 OPERATIONS, RESEARCH, AND FACILITIES

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

16 and Facilities’’, $427,000,000, to remain available until 

17 September 30, 2010. 

18 PROCUREMENT, ACQUISITION AND CONSTRUCTION

19 For an additional amount for ‘‘Procurement, Acquisi20 tion and Construction’’, $795,000,000, to remain available 

21 until September 30, 2010. 

22 DEPARTMENTAL MANAGEMENT

23 For an additional amount for ‘‘Departmental Man24 agement’’, $34,000,000, to remain available until Sep25 tember 30, 2010. 
40 

S 336 PCS 

1 OFFICE OF INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of Inspector 

3 General’’, $6,000,000, to remain available until September 

4 30, 2010. 

5 DEPARTMENT OF JUSTICE 

6 GENERAL ADMINISTRATION

7 TACTICAL LAW ENFORCEMENT WIRELESS

8 COMMUNICATIONS

9 For an additional amount for ‘‘Tactical Law Enforce10 ment Wireless Communications’’, $200,000,000 for the 

11 costs of developing and implementing a nationwide Inte12 grated Wireless network supporting Federal law enforce13 ment, to remain available until September 30, 2010. 

14 DETENTION TRUSTEE

15 For an additional amount for ‘‘Detention Trustee’’, 

16 $150,000,000, to remain available until September 30, 

17 2010. 

18 OFFICE OF INSPECTOR GENERAL

19 For an additional amount for ‘‘Office of Inspector 

20 General’’, $2,000,000, to remain available until September 

21 30, 2010. 
41 

S 336 PCS 

1 UNITED STATES MARSHALS SERVICE

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $50,000,000, to remain available until September 

5 30, 2010. 

6 CONSTRUCTION

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

8 $125,000,000, to remain available until September 30, 

9 2010. 

10 FEDERAL BUREAU OF INVESTIGATION

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $75,000,000, to remain available until September 

14 30, 2010. 

15 CONSTRUCTION

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

17 $400,000,000, to remain available until September 30, 

18 2010. 

19 FEDERAL PRISON SYSTEM

20 BUILDINGS AND FACILITIES

21 For an additional amount for ‘‘Federal Prison Sys22 tem, Buildings and Facilities’’, $1,000,000,000, to remain 

23 available until September 30, 2010. 
42 

S 336 PCS 

1 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

2 OFFICE ON VIOLENCE AGAINST WOMEN

3 VIOLENCE AGAINST WOMEN PREVENTION AND

4 PROSECUTION PROGRAMS

5 For an additional amount for ‘‘Violence Against 

6 Women Prevention and Prosecution Programs’’, 

7 $300,000,000 for grants to combat violence against 

8 women, as authorized by part T of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

10 et seq.): Provided, That, $50,000,000 shall be transitional 

11 housing assistance grants for victims of domestic violence, 

12 stalking or sexual assault as authorized by section 40299 

13 of the Violent Crime Control and Law Enforcement Act 

14 of 1994 (Public Law 103–322). 

15 OFFICE OF JUSTICE PROGRAMS

16 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

18 Enforcement Assistance’’, $1,500,000,000 for the Edward 

19 Byrne Memorial Justice Assistance Grant program as au20 thorized by subpart 1 of part E of title I of the Omnibus 

21 Crime Control and Safe Street Act of 1968 (‘‘1968 Act’’), 

22 (except that section 1001(c), and the special rules for 

23 Puerto Rico under section 505(g), of the 1968 Act, shall 

24 not apply for purposes of this Act), to remain available 

25 until September 30, 2010. 
43 

S 336 PCS 

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

2 Enforcement Assistance’’, $440,000,000 for competitive 

3 grants to improve the functioning of the criminal justice 

4 system, to assist victims of crime (other than compensa5 tion), and youth mentoring grants, to remain available 

6 until September 30, 2010. 

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

8 Enforcement Assistance’’, $100,000,000, to remain avail9 able until September 30, 2010, for competitive grants to 

10 provide assistance and equipment to local law enforcement 

11 along the Southern border and in High-Intensity Drug 

12 Trafficking Areas to combat criminal narcotics activity 

13 stemming from the Southern border, of which 

14 $10,000,000 shall be transferred to ‘‘Bureau of Alcohol, 

15 Tobacco, Firearms and Explosives, Salaries and Ex16 penses’’ for the ATF Project Gunrunner. 

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

18 Enforcement Assistance’’, $300,000,000, to remain avail19 able until September 30, 2010, for assistance to Indian 

20 tribes, notwithstanding Public Law 108–199, division B, 

21 title I, section 112(a)(1) (118 Stat. 62), of which— 

22 (1) $250,000,000 shall be available for grants 

23 under section 20109 of subtitle A of title II of the 

24 Violent Crime Control and Law Enforcement Act of 

25 1994 (Public Law 103–322); 
44 

S 336 PCS 

1 (2) $25,000,000 shall be available for the Trib2 al Courts Initiative; and 

3 (3) $25,000,000 shall be available for tribal al4 cohol and substance abuse drug reduction assistance 

5 grants. 

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

7 Enforcement Assistance’’, $100,000,000, to remain avail8 able until September 30, 2010, to be distributed by the 

9 Office for Victims of Crime in accordance with section 

10 1402(d)(4) of the Victims of Crime Act of 1984 (Public 

11 Law 98–473). 

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

13 Enforcement Assistance’’, $150,000,000, to remain avail14 able until September 30, 2010, for assistance to law en15 forcement in rural areas, to prevent and combat crime, 

16 especially drug-related crime. 

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

18 Enforcement Assistance’’, $50,000,000, to remain avail19 able until September 30, 2010, for Internet Crimes 

20 Against Children (ICAC) initiatives. 

21 COMMUNITY ORIENTED POLICING SERVICES

22 For an additional amount for ‘‘Community Oriented 

23 Policing Services’’, for grants under section 1701 of title 

24 I of the 1968 Omnibus Crime Control and Safe Streets 

25 Act (42 U.S.C. 3796dd) for hiring and rehiring of addi-
45 

S 336 PCS 

1 tional career law enforcement officers under part Q of 

2 such title, and civilian public safety personnel, notwith3 standing subsection (i) of such section and notwith4 standing 42 U.S.C. 3796dd–3(c), $1,000,000,000, to re5 main available until September 30, 2010. 

6 SALARIES AND EXPENSES

7 For an additional amount, not elsewhere specified in 

8 this title, for management and administration and over9 sight of programs within the Office on Violence Against 

10 Women, the Office of Justice Programs, and the Commu11 nity Oriented Policing Services Office, $10,000,000, to re12 main available until September 30, 2010. 

13 SCIENCE 

14 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

15 SCIENCE

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

17 $500,000,000, to remain available until September 30, 

18 2010. 

19 AERONAUTICS

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

21 $250,000,000, to remain available until September 30, 

22 2010. 

23 EXPLORATION

24 For an additional amount for ‘‘Exploration’’, 

25 $500,000,000, to remain available until September 30, 

26 2010. 
46 

S 336 PCS 

1 CROSS AGENCY SUPPORT

2 For an additional amount for ‘‘Cross Agency Sup3 port’’, $250,000,000, to remain available until September 

4 30, 2010. 

5 OFFICE OF INSPECTOR GENERAL

6 For an additional amount for ‘‘Office of Inspector 

7 General’’, $2,000,000, to remain available until September 

8 30, 2010. 

9 NATIONAL SCIENCE FOUNDATION

10 RESEARCH AND RELATED ACTIVITIES

11 For an additional amount for ‘‘Research and Related 

12 Activities’’, $1,200,000,000, to remain available until Sep13 tember 30, 2010. 

14 MAJOR RESEARCH EQUIPMENT AND FACILITIES

15 CONSTRUCTION

16 For an additional amount for ‘‘Major Research 

17 Equipment and Facilities Construction’’, $150,000,000, 

18 to remain available until September 30, 2010. 

19 EDUCATION AND HUMAN RESOURCES

20 For an additional amount for ‘‘Education and 

21 Human Resources’’, $50,000,000, to remain available 

22 until September 30, 2010. 

23 OFFICE OF INSPECTOR GENERAL

24 For an additional amount for ‘‘Office of Inspector 

25 General’’, $2,000,000, to remain available until September 

26 30, 2010. 
47 

S 336 PCS 

1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 201. The Assistant Secretary of Commerce for 

3 Communications and Information (Assistant Secretary), 

4 in consultation with the Federal Communications Com5 mission (Commission) (and, with respect to rural areas, 

6 the Secretary of Agriculture), shall establish a national 

7 broadband service development and expansion program in 

8 conjunction with the technology opportunities program, 

9 which shall be referred to the Broadband Technology Op10 portunities Program. The Assistant Secretary shall ensure 

11 that the program complements and enhances and does not 

12 conflict with other Federal broadband initiatives and pro13 grams. 

14 (1) The purposes of the program are to— 

15 (A) provide access to broadband service to 

16 citizens residing in unserved areas of the 

17 United States; 

18 (B) provide improved access to broadband 

19 service to citizens residing in underserved areas 

20 of the United States; 

21 (C) provide broadband education, aware22 ness, training, access, equipment, and support 

23 to— 

24 (i) schools, libraries, medical and 

25 healthcare providers, community colleges 
48 

S 336 PCS 

1 and other institutions of higher education, 

2 and other community support organiza3 tions and entities to facilitate greater use 

4 of broadband service by or through these 

5 organizations; 

6 (ii) organizations and agencies that 

7 provide outreach, access, equipment, and 

8 support services to facilitate greater use of 

9 broadband service by low-income, unem10 ployed, aged, and otherwise vulnerable pop11 ulations; and 

12 (iii) job-creating strategic facilities lo13 cated within a State-designated economic 

14 zone, Economic Development District des15 ignated by the Department of Commerce, 

16 Renewal Community or Empowerment 

17 Zone designated by the Department of 

18 Housing and Urban Development, or En19 terprise Community designated by the De20 partment of Agriculture. 

21 (D) improve access to, and use of, 

22 broadband service by public safety agencies; 

23 and 

24 (E) stimulate the demand for broadband, 

25 economic growth, and job creation. 
49 

S 336 PCS 

1 (2) The Assistant Secretary may consult with 

2 the chief executive officer of any State with respect 

3 to— 

4 (A) the identification of areas described in 

5 subsection (1)(A) or (B) located in that State; 

6 and 

7 (B) the allocation of grant funds within 

8 that State for projects in or affecting the State. 

9 (3) The Assistant Secretary shall— 

10 (A) establish and implement the grant pro11 gram as expeditiously as practicable; 

12 (B) ensure that all awards are made before 

13 the end of fiscal year 2010; 

14 (C) seek such assurances as may be nec15 essary or appropriate from grantees under the 

16 program that they will substantially complete 

17 projects supported by the program in accord18 ance with project timelines, not to exceed 2 

19 years following an award; and 

20 (D) report on the status of the program to 

21 the Committees on Appropriations of the House 

22 and the Senate, the Committee on Energy and 

23 Commerce of the House, and the Committee on 

24 Commerce, Science, and Transportation of the 

25 Senate, every 90 days. 
50 

S 336 PCS 

1 (4) To be eligible for a grant under the pro2 gram an applicant shall— 

3 (A) be a State or political subdivision 

4 thereof, a nonprofit foundation, corporation, in5 stitution or association, Indian tribe, Native 

6 Hawaiian organization, or other non-govern7 mental entity in partnership with a State or po8 litical subdivision thereof, Indian tribe, or Na9 tive Hawaiian organization if the Assistant Sec10 retary determines the partnership consistent 

11 with the purposes this section; 

12 (B) submit an application, at such time, in 

13 such form, and containing such information as 

14 the Assistant Secretary may require; 

15 (C) provide a detailed explanation of how 

16 any amount received under the program will be 

17 used to carry out the purposes of this section 

18 in an efficient and expeditious manner, includ19 ing a demonstration that the project would not 

20 have been implemented during the grant period 

21 without Federal grant assistance; 

22 (D) demonstrate, to the satisfaction of the 

23 Assistant Secretary, that it is capable of car24 rying out the project or function to which the 

25 application relates in a competent manner in 
51 

S 336 PCS 

1 compliance with all applicable Federal, State, 

2 and local laws; 

3 (E) demonstrate, to the satisfaction of the 

4 Assistant Secretary, that it will appropriate (if 

5 the applicant is a State or local government 

6 agency) or otherwise unconditionally obligate, 

7 from non-Federal sources, funds required to 

8 meet the requirements of paragraph (5); 

9 (F) disclose to the Assistant Secretary the 

10 source and amount of other Federal or State 

11 funding sources from which the applicant re12 ceives, or has applied for, funding for activities 

13 or projects to which the application relates; and 

14 (G) provide such assurances and proce15 dures as the Assistant Secretary may require to 

16 ensure that grant funds are used and accounted 

17 for in an appropriate manner. 

18 (5) The Federal share of any project may not 

19 exceed 80 percent, except that the Assistant Sec20 retary may increase the Federal share of a project 

21 above 80 percent if— 

22 (A) the applicant petitions the Assistant 

23 Secretary for a waiver; and 

24 (B) the Assistant Secretary determines 

25 that the petition demonstrates financial need. 
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1 (6) The Assistant Secretary may make competi2 tive grants under the program to— 

3 (A) acquire equipment, instrumentation, 

4 networking capability, hardware and software, 

5 digital network technology, and infrastructure 

6 for broadband services; 

7 (B) construct and deploy broadband serv8 ice related infrastructure; 

9 (C) ensure access to broadband service by 

10 community anchor institutions; 

11 (D) facilitate access to broadband service 

12 by low-income, unemployed, aged, and otherwise 

13 vulnerable populations in order to provide edu14 cational and employment opportunities to mem15 bers of such populations; 

16 (E) construct and deploy broadband facili17 ties that improve public safety broadband com18 munications services; and 

19 (F) undertake such other projects and ac20 tivities as the Assistant Secretary finds to be 

21 consistent with the purposes for which the pro22 gram is established. 

23 (7) The Assistant Secretary— 

24 (A) shall require any entity receiving a 

25 grant pursuant to this section to report quar-
53 

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1 terly, in a format specified by the Assistant 

2 Secretary, on such entity’s use of the assistance 

3 and progress fulfilling the objectives for which 

4 such funds were granted, and the Assistant 

5 Secretary shall make these reports available to 

6 the public; 

7 (B) may establish additional reporting and 

8 information requirements for any recipient of 

9 any assistance made available pursuant to this 

10 section; 

11 (C) shall establish appropriate mechanisms 

12 to ensure appropriate use and compliance with 

13 all terms of any use of funds made available 

14 pursuant to this section; 

15 (D) may, in addition to other authority 

16 under applicable law, deobligate awards to 

17 grantees that demonstrate an insufficient level 

18 of performance, or wasteful or fraudulent 

19 spending, as defined in advance by the Assist20 ant Secretary, and award these funds competi21 tively to new or existing applicants consistent 

22 with this section; and 

23 (E) shall create and maintain a fully 

24 searchable database, accessible on the Internet 

25 at no cost to the public, that contains at least 
54 

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1 the name of each entity receiving funds made 

2 available pursuant to this section, the purpose 

3 for which such entity is receiving such funds, 

4 each quarterly report submitted by the entity 

5 pursuant to this section, and such other infor6 mation sufficient to allow the public to under7 stand and monitor grants awarded under the 

8 program. 

9 (8) Concurrent with the issuance of the Request 

10 for Proposal for grant applications pursuant to this 

11 section, the Assistant Secretary shall, in coordina12 tion with the Federal Communications Commission, 

13 publish the non-discrimination and network inter14 connection obligations that shall be contractual con15 ditions of grants awarded under this section. 

16 (9) Within 1 year after the date of enactment 

17 of this Act, the Commission shall complete a rule18 making to develop a national broadband plan. In de19 veloping the plan, the Commission shall— 

20 (A) consider the most effective and effi21 cient national strategy for ensuring that all 

22 Americans have access to, and take advantage 

23 of, advanced broadband services; 
55 

S 336 PCS 

1 (B) have access to data provided to other 

2 Government agencies under the Broadband 

3 Data Improvement Act (47 U.S.C. 1301 note); 

4 (C) evaluate the status of deployments of 

5 broadband service, including the progress of 

6 projects supported by the grants made pursuant 

7 to this section; and 

8 (D) develop recommendations for achieving 

9 the goal of nationally available broadband serv10 ice for the United States and for promoting 

11 broadband adoption nationwide. 

12 (10) The Assistant Secretary shall develop and 

13 maintain a comprehensive nationwide inventory map 

14 of existing broadband service capability and avail15 ability in the United States that entities and depicts 

16 the geographic extent to which broadband service ca17 pability is deployed and available from a commercial 

18 provider or public provider throughout each State: 

19 Provided, That not later than 2 years after the date 

20 of the enactment of the Act, the Assistant Secretary 

21 shall make the broadband inventory map developed 

22 and maintained pursuant to this section accessible to 

23 the public. 

24 SEC. 202. The Assistant Secretary of Commerce for 

25 Communications and Information may reissue any coupon 
56 

S 336 PCS 

1 issued under section 3005(a) of the Digital Television 

2 Transition and Public Safety Act of 2005 that has expired 

3 before use, and shall cancel any unredeemed coupon re4 ported as lost and may issue a replacement coupon for 

5 the lost coupon. 

6 TITLE III—DEPARTMENT OF DEFENSE 

7 OPERATION AND MAINTENANCE 

8 OPERATION AND MAINTENANCE, ARMY

9 For an additional amount for ‘‘Operation and Main10 tenance, Army’’, $1,169,291,000, to remain available for 

11 obligation until September 30, 2010. 

12 OPERATION AND MAINTENANCE, NAVY

13 For an additional amount for ‘‘Operation and Main14 tenance, Navy’’, $571,843,000, to remain available for ob15 ligation until September 30, 2010. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps’’, $112,167,000, to remain avail19 able for obligation until September 30, 2010. 

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For an additional amount for ‘‘Operation and Main22 tenance, Air Force’’, $927,113,000, to remain available 

23 for obligation until September 30, 2010. 
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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Army Reserve’’, $79,543,000, to remain available 

4 for obligation until September 30, 2010. 

5 OPERATION AND MAINTENANCE, NAVY RESERVE

6 For an additional amount for ‘‘Operation and Main7 tenance, Navy Reserve’’, $44,586,000, to remain available 

8 for obligation until September 30, 2010. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For an additional amount for ‘‘Operation and Main12 tenance, Marine Corps Reserve’’, $32,304,000, to remain 

13 available for obligation until September 30, 2010. 

14 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Air Force Reserve’’, $10,674,000, to remain 

17 available for obligation until September 30, 2010. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For an additional amount for ‘‘Operation and Main21 tenance, Army National Guard’’, $215,557,000, to remain 

22 available for obligation until September 30, 2010. 
58 

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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Main3 tenance, Air National Guard’’, $20,922,000, to remain 

4 available for obligation until September 30, 2010. 

5 PROCUREMENT 

6 DEFENSE PRODUCTION ACT PURCHASES

7 For an additional amount for ‘‘Defense Production 

8 Act Purchases’’, $100,000,000, to remain available for ob9 ligation until September 30, 2010. 

10 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 DEFENSE-WIDE

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Defense-Wide’’, 

16 $200,000,000, to remain available for obligation until Sep17 tember 30, 2010. 

18 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

19 DEFENSE HEALTH PROGRAM

20 For an additional amount for ‘‘Defense Health Pro21 gram’’, $250,000,000 for operation and maintenance, to 

22 remain available for obligation until September 30, 2010. 
59 

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1 OFFICE OF THE INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of the Inspector 

3 General’’, $12,000,000 for operation and maintenance, to 

4 remain available for obligation until September 30, 2010. 

5 TITLE IV—ENERGY AND WATER 

6 DEVELOPMENT 

7 DEPARTMENT OF DEFENSE—CIVIL 

8 DEPARTMENT OF THE ARMY

9 CORPS OF ENGINEERS—CIVIL

10 INVESTIGATIONS

11 For an additional amount for ‘‘Investigations’’ for ex12 penses necessary where authorized by law for the collec13 tion and study of basic information pertaining to river and 

14 harbor, flood and storm damage reduction, shore protec15 tion, aquatic ecosystem restoration, and related needs; for 

16 surveys and detailed studies, and plans and specifications 

17 of proposed river and harbor, flood and storm damage re18 duction, shore protection, and aquatic ecosystem restora19 tion projects and related efforts prior to construction; for 

20 restudy of authorized projects; and for miscellaneous in21 vestigations and, when authorized by law, surveys and de22 tailed studies, and plans and specifications of projects 

23 prior to construction, $25,000,000: Provided, That funds 

24 provided under this heading in this title shall only be used 

25 for programs, projects or activities that heretofore or here-
60 

S 336 PCS 

1 after receive funds provided in Acts making appropriations 

2 available for Energy and Water Development: Provided 

3 further, That funds provided under this heading in this 

4 title shall be used for programs, projects or activities or 

5 elements of programs, projects or activities that can be 

6 completed within the funds made available in that account 

7 and that will not require new budget authority to com8 plete: Provided further, That for projects that are being 

9 completed with funds appropriated in this Act that would 

10 otherwise be expired for obligation, expired funds appro11 priated in this Act may be used to pay the cost of associ12 ated supervision, inspection, over engineering and design 

13 on those projects and on subsequent claims, if any: Pro14 vided further, That the Secretary shall have unlimited re15 programming authority for these funds provided under 

16 this heading. 

17 CONSTRUCTION

18 For an additional amount for ‘‘Construction’’ for ex19 penses necessary for the construction of river and harbor, 

20 flood and storm damage reduction, shore protection, 

21 aquatic ecosystem restoration, and related projects au22 thorized by law, $2,000,000,000, of which such sums as 

23 are necessary to cover the Federal share of construction 

24 costs for facilities under the Dredged Material Disposal 

25 Facilities program shall be derived from the Harbor Main26 tenance Trust Fund as authorized by Public Law 104– 
61 

S 336 PCS 

1 303: Provided, That not less than $200,000,000 of the 

2 funds provided shall be for water-related environmental in3 frastructure assistance: Provided further, That section 102 

4 of Public Law 109–103 (33 U.S.C. 2221) shall not apply 

5 to funds provided in this title: Provided further, That not6 withstanding any other provision of law, no funds shall 

7 be drawn from the Inland Waterways Trust Fund, as au8 thorized in Public Law 99–662: Provided further, That 

9 funds provided under this heading in this title shall only 

10 be used for programs, projects or activities that heretofore 

11 or hereafter receive funds provided in Acts making appro12 priations available for Energy and Water Development: 

13 Provided further, That funds provided under this heading 

14 in this title shall be used for programs, projects or activi15 ties or elements of programs, projects or activities that 

16 can be completed within the funds made available in that 

17 account and that will not require new budget authority 

18 to complete: Provided further, That the limitation con19 cerning total project costs in section 902 of the Water Re20 sources Development Act of 1986, as amended (33 U.S.C. 

21 2280), shall not apply during fiscal year 2009 to any 

22 project that received funds provided in this title: Provided 

23 further, That funds appropriated under this heading may 

24 be used by the Secretary of the Army, acting through the 

25 Chief of Engineers, to undertake work authorized to be 
62 

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1 carried out in accordance with section 14 of the Flood 

2 Control Act of 1946 (33 U.S.C. 701r); section 205 of the 

3 Flood Control Act of 1948 (33 U.S.C. 701s); section 206 

4 of the Water Resources Development Act of 1996 (33 

5 U.S.C. 2330); or section 1135 of the Water Resources De6 velopment Act of 1986 (33 U.S.C. 2309a), notwith7 standing the program cost limitations set forth in those 

8 sections: Provided further, That for projects that are being 

9 completed with funds appropriated in this Act that would 

10 otherwise be expired for obligation, expired funds appro11 priated in this Act may be used to pay the cost of associ12 ated supervision, inspection, over engineering and design 

13 on those projects and on subsequent claims, if any: Pro14 vided further, That the Secretary shall have unlimited re15 programming authority for these funds provided under 

16 this heading. 

17 MISSISSIPPI RIVER AND TRIBUTARIES

18 For an additional amount for ‘‘Mississippi River and 

19 Tributaries’’ for expenses necessary for flood damage re20 duction projects and related efforts as authorized by law, 

21 $500,000,000, of which such sums as are necessary to 

22 cover the Federal share of operation and maintenance 

23 costs for inland harbors shall be derived from the Harbor 

24 Maintenance Trust Fund, pursuant to Public Law 99– 

25 662: Provided, That funds provided under this heading in 

26 this title shall only be used for programs, projects or ac-
63 

S 336 PCS 

1 tivities that heretofore or hereafter receive funds provided 

2 in Acts making appropriations available for Energy and 

3 Water Development: Provided further, That funds pro4 vided under this heading in this title shall be used for pro5 grams, projects or activities or elements of programs, 

6 projects or activities that can be completed within the 

7 funds made available in that account and that will not re8 quire new budget authority to complete: Provided further, 

9 That the limitation concerning total project costs in sec10 tion 902 of the Water Resources Development Act of 

11 1986, as amended (33 U.S.C. 2280), shall not apply dur12 ing fiscal year 2009 to any project that received funds pro13 vided in this title: Provided further, That for projects that 

14 are being completed with funds appropriated in this Act 

15 that would otherwise be expired for obligation, expired 

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

17 cost of associated supervision, inspection, over engineering 

18 and design on those projects and on subsequent claims, 

19 if any: Provided further, That the Secretary shall have un20 limited reprogramming authority for these funds provided 

21 under this heading. 

22 OPERATION AND MAINTENANCE

23 For an additional amount for ‘‘Operation and Main24 tenance’’ for expenses necessary for the operation, mainte25 nance, and care of existing river and harbor, flood and 

26 storm damage reduction, aquatic ecosystem restoration, 
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1 and related projects authorized by law, and for surveys 

2 and charting of northern and northwestern lakes and con3 necting waters, clearing and straightening channels, and 

4 removal of obstructions to navigation, $1,900,000,000, of 

5 which such sums as are necessary to cover the Federal 

6 share of operation and maintenance costs for coastal har7 bors and channels, and inland harbors shall be derived 

8 from the Harbor Maintenance Trust Fund, pursuant to 

9 Public Law 99–662; and of which such sums as become 

10 available under section 217 of the Water Resources Devel11 opment Act of 1996, Public Law 104–303, shall be used 

12 to cover the cost of operation and maintenance of the 

13 dredged material disposal facilities for which fees have 

14 been collected: Provided, That funds provided under this 

15 heading in this title shall only be used for programs, 

16 projects or activities that heretofore or hereafter receive 

17 funds provided in Acts making appropriations available for 

18 Energy and Water Development: Provided further, That 

19 funds provided under this heading in this title shall be 

20 used for programs, projects or activities or elements of 

21 programs, projects or activities that can be completed 

22 within the funds made available in that account and that 

23 will not require new budget authority to complete: Pro24 vided further, That $90,000,000 of the funds provided 

25 under this heading shall be used for activities described 
65 

S 336 PCS 

1 in section 9004 of Public Law 110–114: Provided further, 

2 That section 9006 of Public Law 110–114 shall not apply 

3 to funds provided in this title: Provided further, That for 

4 projects that are being completed with funds appropriated 

5 in this Act that would otherwise be expired for obligation, 

6 expired funds appropriated in this Act may be used to pay 

7 the cost of associated supervision, inspection, over engi8 neering and design on those projects and on subsequent 

9 claims, if any: Provided further, That the Secretary shall 

10 have unlimited reprogramming authority for these funds 

11 provided under this heading. 

12 REGULATORY PROGRAM

13 For an additional amount for ‘‘Regulatory Program’’ 

14 for expenses necessary for administration of laws per15 taining to regulation of navigable waters and wetlands, 

16 $25,000,000 is provided. 

17 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

18 For an additional amount for ‘‘Formerly Utilized 

19 Sites Remedial Action Program’’ for expenses necessary 

20 to clean up contamination from sites in the United States 

21 resulting from work performed as part of the Nation’s 

22 early atomic energy program, $100,000,000: Provided fur23 ther, That funds provided under this heading in this title 

24 shall be used for programs, projects or activities or ele25 ments of programs, projects or activities that can be com26 pleted within the funds made available in that account and 
66 

S 336 PCS 

1 that will not require new budget authority to complete: 

2 Provided further, That for projects that are being com3 pleted with funds appropriated in this Act that would oth4 erwise be expired for obligation, expired funds appro5 priated in this Act may be used to pay the cost of associ6 ated supervision, inspection, over engineering and design 

7 on those projects and on subsequent claims, if any: Pro8 vided further, That the Secretary shall have unlimited re9 programming authority for these funds provided under 

10 this heading. 

11 FLOOD CONTROL AND COASTAL EMERGENCIES

12 For an additional amount for ‘‘Flood Control and 

13 Coastal Emergencies’’ for expenses necessary for pre14 placement of materials and equipment, advance measures 

15 and other activities authorized by law, $50,000,000 is pro16 vided. 

17 DEPARTMENT OF THE INTERIOR 

18 BUREAU OF RECLAMATION

19 WATER AND RELATED RESOURCES

20 For an additional amount for management, develop21 ment, and restoration of water and related natural re22 sources and for related activities, including the operation, 

23 maintenance, and rehabilitation of reclamation and other 

24 facilities, participation in fulfilling related Federal respon25 sibilities to Native Americans, and related grants to, and 

26 cooperative and other agreements with, State and local 
67 

S 336 PCS 

1 governments, federally recognized Indian tribes, and oth2 ers, $1,400,000,000; of which such amounts as may be 

3 necessary may be advanced to the Colorado River Dam 

4 Fund: Provided, That of the total appropriated, the 

5 amount for program activities that can be financed by the 

6 Reclamation Fund or the Bureau of Reclamation special 

7 fee account established by 16 U.S.C. 460l–6a(i) shall be 

8 derived from that Fund or account: Provided further, That 

9 funds contributed under 43 U.S.C. 395 are available until 

10 expended for the purposes for which contributed: Provided 

11 further, That funds advanced under 43 U.S.C. 397a shall 

12 be credited to this account and are available until ex13 pended for the same purposes as the sums appropriated 

14 under this heading: Provided further, That funds provided 

15 under this heading in this title shall only be used for pro16 grams, projects or activities that heretofore or hereafter 

17 receive funds provided in Acts making appropriations 

18 available for Energy and Water Development: Provided 

19 further, That funds provided in this Act shall be used for 

20 elements of projects, programs or activities that can be 

21 completed within these funding amounts and not create 

22 budgetary obligations in future fiscal years: Provided fur23 ther, That $50,000,000 of the funds provided under this 

24 heading may be transferred to the Department of the Inte25 rior for programs, projects and activities authorized by the 
68 

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1 Central Utah Project Completion Act (titles II–V of Public 

2 Law 102–575): Provided further, That $50,000,000 of the 

3 funds provided under this heading may be used for pro4 grams, projects, and activities authorized by the California 

5 Bay-Delta Restoration Act (Public Law 108–361): Pro6 vided further, That not less than $60,000,000 of the funds 

7 provided under this heading shall be used for rural water 

8 projects and shall be expended primarily on water intake 

9 and treatment facilities of such projects: Provided further, 

10 That not less than $10,000,000 of the funds provided 

11 under this heading shall be used for a bureau-wide inspec12 tion of canals program in urbanized areas: Provided fur13 ther, That not less than $110,000,000 of the funds pro14 vided under this heading shall be used for water reclama15 tion and reuse projects (title 16 of Public Law 102–575): 

16 Provided further, That the costs of reimbursable activities, 

17 other than for maintenance and rehabilitation, carried out 

18 with funds provided in this Act shall be repaid pursuant 

19 to existing authorities and agreements: Provided further, 

20 That the costs of maintenance and rehabilitation activities 

21 carried out with funds provided in this Act shall be repaid 

22 pursuant to existing authority, except the length of repay23 ment period shall be determined on needs-based criteria 

24 to be established and adopted by the Commissioner, but 

25 in no case shall the repayment period exceed 25 years: 
69 

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1 Provided further, That for projects that are being com2 pleted with funds appropriated in this Act that would oth3 erwise be expired for obligation, expired funds appro4 priated in this Act may be used to pay the cost of associ5 ated supervision, inspection, over engineering and design 

6 on those projects and on subsequent claims, if any: Pro7 vided further, That the Secretary shall have unlimited re8 programming authority for these funds provided under 

9 this heading. 

10 DEPARTMENT OF ENERGY 

11 ENERGY PROGRAMS

12 ENERGY EFFICIENCY AND RENEWABLE ENERGY

13 For an additional amount for ‘‘Energy Efficiency and 

14 Renewable Energy’’, $14,398,000,000, for necessary ex15 penses, to remain available until September 30, 2010: Pro16 vided, That $4,200,000,000 shall be available for Energy 

17 Efficiency and Conservation Block Grants for implementa18 tion of programs authorized under subtitle E of title V 

19 of the Energy Independence and Security Act of 2007 (42 

20 U.S.C. 17151 et seq.), of which $2,100,000,000 is avail21 able through the formula in subtitle E: Provided further, 

22 That the remaining $2,100,000,000 shall be awarded on 

23 a competitive basis only to competitive grant applicants 

24 from States in which the Governor certifies to the Sec25 retary of Energy that the applicable State regulatory au-
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1 thority will implement the integrated resource planning 

2 and rate design modifications standards required to be 

3 considered under paragraphs (16) and (17) of section 

4 111(d) of the Public Utility Regulatory Policies Act of 

5 1978 (16 U.S.C. 2621(d)(16) and (17)); and the Governor 

6 will take all actions within his or her authority to ensure 

7 that the State, or the applicable units of local government 

8 that have authority to adopt building codes, will imple9 ment— 

10 (A) building energy codes for residential build11 ings that the Secretary determines are likely to meet 

12 or exceed the 2009 International Energy Conserva13 tion Code; 

14 (B) building energy codes for commercial build15 ings that the Secretary determines are likely to meet 

16 or exceed the ANSI/ASHRAE/IESNA Standard 

17 90.1–2007; and 

18 (C) a plan for implementing and enforcing the 

19 building energy codes described in subparagraphs 

20 (A) and (B) that is likely to ensure that at least 90 

21 percent of the new and renovated residential and 

22 commercial building space will meet the standards 

23 within 8 years after the date of enactment of this 

24 Act: 
71 

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1 Provided further, That $2,000,000,000 shall be available 

2 for grants for the manufacturing of advanced batteries 

3 and components and the Secretary shall provide facility 

4 funding awards under this section to manufacturers of ad5 vanced battery systems and vehicle batteries that are pro6 duced in the United States, including advanced lithium ion 

7 batteries, hybrid electrical systems, component manufac8 turers, and software designers: Provided further, That not9 withstanding section 3304 of title 5, United States Code, 

10 and without regard to the provisions of sections 3309 

11 through 3318 of such title 5, the Secretary of Energy, 

12 upon a determination that there is a severe shortage of 

13 candidates or a critical hiring need for particular posi14 tions, may from within the funds provided, recruit and di15 rectly appoint highly qualified individuals into the com16 petitive service: Provided further, That such authority 

17 shall not apply to positions in the Excepted Service or the 

18 Senior Executive Service: Provided further, That any ac19 tion authorized herein shall be consistent with the merit 

20 principles of section 2301 of such title 5, and the Depart21 ment shall comply with the public notice requirements of 

22 section 3327 of such title 5. 

23 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

24 For an additional amount for ‘‘Electricity Delivery 

25 and Energy Reliability’’, $4,500,000,000, for necessary 
72 

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1 expenses, to remain available until September 30, 2010: 

2 Provided, That $100,000,000 shall be available for worker 

3 training activities: Provided further, That notwithstanding 

4 section 3304 of title 5, United States Code, and without 

5 regard to the provisions of sections 3309 through 3318 

6 of such title 5, the Secretary of Energy, upon a determina7 tion that there is a severe shortage of candidates or a crit8 ical hiring need for particular positions, may from within 

9 the funds provided, recruit and directly appoint highly 

10 qualified individuals into the competitive service: Provided 

11 further, That such authority shall not apply to positions 

12 in the Excepted Service or the Senior Executive Service: 

13 Provided further, That any action authorized herein shall 

14 be consistent with the merit principles of section 2301 of 

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

16 public notice requirements of section 3327 of such title 

17 5: Provided, That for the purpose of facilitating the devel18 opment of regional transmission plans, the Office of Elec19 tricity Delivery and Energy Reliability within the Depart20 ment of Energy is provided $80,000,000 within the avail21 able funds to conduct a resource assessment and an anal22 ysis of future demand and transmission requirements: 

23 Provided further, That the Office of Electricity Delivery 

24 and Energy Reliability will provide technical assistance to 

25 the North American Electric Reliability Corporation, the 
73 

S 336 PCS 

1 regional reliability entities, the States, and other trans2 mission owners and operators for the formation of inter3 connection-based transmission plans for the Eastern and 

4 Western Interconnections and ERCOT: Provided further, 

5 That such assistance may include modeling, support to re6 gions and States for the development of coordinated State 

7 electricity policies, programs, laws, and regulations: Pro8 vided further, That $10,000,000 is provided to implement 

9 section 1305 of Public Law 110–140. 

10 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

11 For an additional amount for ‘‘Fossil Energy Re12 search and Development’’, $4,600,000,000, to remain 

13 available until September 30, 2010: Provided, That 

14 $2,000,000,000 is available for one or more near zero 

15 emissions powerplant(s): Provided further, $1,000,000,000 

16 is available for selections under the Department’s Clean 

17 Coal Power Initiative Round III Funding Opportunity An18 nouncement; notwithstanding the mandatory eligibility re19 quirements of the Funding Opportunity Announcement, 

20 the Department shall consider applications that utilize pe21 troleum coke for some or all of the project’s fuel input: 

22 Provided further, $1,520,000,000 is available for a com23 petitive solicitation pursuant to section 703 of Public Law 

24 110–140 for projects that demonstrate carbon capture 

25 from industrial sources: Provided further, That awards for 
74 

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1 such projects may include plant efficiency improvements 

2 for integration with carbon capture technology. 

3 NON-DEFENSE ENVIRONMENTAL CLEANUP

4 For an additional amount for ‘‘Non-Defense Environ5 mental Cleanup’’, $483,000,000, to remain available until 

6 September 30, 2010. 

7 URANIUM ENRICHMENT DECONTAMINATION AND

8 DECOMMISSIONING FUND

9 For an additional amount for ‘‘Uranium Enrichment 

10 Decontamination and Decommissioning Fund’’, 

11 $390,000,000, to remain available until September 30, 

12 2010, of which $70,000,000 shall be available in accord13 ance with title X, subtitle A of the Energy Policy Act of 

14 1992. 

15 SCIENCE

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

17 $430,000,000, to remain available until September 30, 

18 2010. 

19 TITLE 17—INNOVATIVE TECHNOLOGY LOAN

20 GUARANTEE PROGRAM

21 Subject to section 502 of the Congressional Budget 

22 Act of 1974, commitments to guarantee loans under sec23 tion 1702(b)(2) of the Energy Policy Act of 2005, shall 

24 not exceed a total principal amount of $50,000,000,000 

25 for eligible projects, to remain available until committed: 
75 

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1 Provided, That these amounts are in addition to any au2 thority provided elsewhere in this Act and this and pre3 vious fiscal years: Provided further, That such sums as are 

4 derived from amounts received from borrowers pursuant 

5 to section 1702(b)(2) of the Energy Policy Act of 2005 

6 under this heading in this and prior Acts, shall be collected 

7 in accordance with section 502(7) of the Congressional 

8 Budget Act of 1974: Provided further, That the source of 

9 such payment received from borrowers is not a loan or 

10 other debt obligation that is guaranteed by the Federal 

11 Government: Provided further, That pursuant to section 

12 1702(b)(2) of the Energy Policy Act of 2005, no appro13 priations are available to pay the subsidy cost of such 

14 guarantees: Provided further, That none of the loan guar15 antee authority made available in this Act shall be avail16 able for commitments to guarantee loans under section 

17 1702(b)(2) of the Energy Policy Act of 2005 for any 

18 projects where funds, personnel, or property (tangible or 

19 intangible) of any Federal agency, instrumentality, per20 sonnel or affiliated entity are expected to be used (directly 

21 or indirectly) through acquisitions, contracts, demonstra22 tions, exchanges, grants, incentives, leases, procurements, 

23 sales, other transaction authority, or other arrangements, 

24 to support the project or to obtain goods or services from 

25 the project: Provided further, That none of the loan guar-
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1 antee authority made available in this Act shall be avail2 able under section 1702(b)(2) of the Energy Policy Act 

3 of 2005 for any project unless the Director of the Office 

4 of Management and Budget has certified in advance in 

5 writing that the loan guarantee and the project comply 

6 with the provisions under this title: Provided further, That 

7 for an additional amount for the cost of guaranteed loans 

8 authorized by section 1702(b)(1) and section 1705 of the 

9 Energy Policy Act of 2005, $9,500,000,000, available 

10 until expended, to pay the costs of guarantees made under 

11 this section: Provided further, That of the amount pro12 vided for Title XVII, $15,000,000 shall be used for admin13 istrative expenses in carrying out the guaranteed loan pro14 gram. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For necessary expenses of the Office of the Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, as amended, $5,000,000, to remain 

19 available until expended. 

20 ATOMIC ENERGY DEFENSE ACTIVITIES 

21 NATIONAL NUCLEAR SECURITY ADMINISTRATION

22 WEAPONS ACTIVITIES

23 For an additional amount for weapons activities, 

24 $1,000,000,000, to remain available until September 30, 

25 2010. 
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1 ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

2 DEFENSE ENVIRONMENTAL CLEANUP

3 For an additional amount for ‘‘Defense Environ4 mental Cleanup’’, $5,527,000,000, to remain available 

5 until September 30, 2010. 

6 CONSTRUCTION, REHABILITATION, OPERATION, AND

7 MAINTENANCE, WESTERN AREA POWER ADMINIS8 TRATION

9 For carrying out the functions authorized by title III, 

10 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

11 U.S.C. 7152), and other related activities including con12 servation and renewable resources programs as author13 ized, $10,000,000, to remain available until expended: 

14 Provided, That the Administrator shall establish such per15 sonnel staffing levels as he deems necessary to economi16 cally and efficiently complete the activities pursued under 

17 the authority granted by section 402 of this Act: Provided 

18 further, That this appropriation is non-reimbursable. 

19 GENERAL PROVISIONS—THIS TITLE 

20 SEC. 401. BONNEVILLE POWER ADMINISTRATION

21 BORROWING AUTHORITY. For the purposes of providing 

22 funds to assist in financing the construction, acquisition, 

23 and replacement of the transmission system of the Bonne24 ville Power Administration and to implement the authority 

25 of the Administrator of the Bonneville Power Administra-
78 

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1 tion under the Pacific Northwest Electric Power Planning 

2 and Conservation Act (16 U.S.C. 839 et seq.), an addi3 tional $3,250,000,000 in borrowing authority is made 

4 available under the Federal Columbia River Transmission 

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

6 at any time. 

7 SEC. 402. WESTERN AREA POWER ADMINISTRATION

8 BORROWING AUTHORITY. The Hoover Power Plant Act of 

9 1984 (Public Law 98–381) is amended by adding at the 

10 end the following: 

11 ‘‘TITLE III—BORROWING 

12 AUTHORITY 

13 ‘‘SEC. 301. WESTERN AREA POWER ADMINISTRATION BOR14 ROWING AUTHORITY. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis17 trator’ means the Administrator of the Western 

18 Area Power Administration. 

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

20 the Secretary of the Treasury. 

21 ‘‘(b) AUTHORITY.— 

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

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

24 (5)— 
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1 ‘‘(A) the Western Area Power Administra2 tion may borrow funds from the Treasury; and 

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

4 appropriation and without fiscal year limitation, 

5 loan to the Western Area Power Administra6 tion, on such terms as may be fixed by the Ad7 ministrator and the Secretary, such sums (not 

8 to exceed, in the aggregate (including deferred 

9 interest), $3,250,000,000 in outstanding repay10 able balances at any one time) as, in the judg11 ment of the Administrator, are from time to 

12 time required for the purpose of— 

13 ‘‘(i) constructing, financing, facili14 tating, planning, operating, maintaining, 

15 or studying construction of new or up16 graded electric power transmission lines 

17 and related facilities with at least one ter18 minus within the area served by the West19 ern Area Power Administration; and 

20 ‘‘(ii) delivering or facilitating the de21 livery of power generated by renewable en22 ergy resources constructed or reasonably 

23 expected to be constructed after the date 

24 of enactment of this section. 
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1 ‘‘(2) INTEREST.—The rate of interest to be 

2 charged in connection with any loan made pursuant 

3 to this subsection shall be fixed by the Secretary, 

4 taking into consideration market yields on out5 standing marketable obligations of the United States 

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

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

8 Administration may refinance loans taken pursuant 

9 to this section within the Treasury. 

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

11 permit other entities to participate in the financing, 

12 construction and ownership projects financed under 

13 this section. 

14 ‘‘(5) CONGRESSIONAL REVIEW OF DISBURSE15 MENT.—Effective upon the date of enactment of this 

16 section, the Administrator shall have the authority 

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

18 the Administrator seeks to borrow funds above 

19 $1,750,000,000, the funds will be disbursed unless 

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

21 such request, a joint resolution that rescinds the re22 mainder of the balance of the borrowing authority 

23 provided in this section. 

24 ‘‘(c) TRANSMISSION LINE AND RELATED FACILITY

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

2 each transmission line and related facility project in 

3 which the Western Area Power Administration par4 ticipates pursuant to this section shall be treated as 

5 separate and distinct from— 

6 ‘‘(A) each other such project; and 

7 ‘‘(B) all other Western Area Power Admin8 istration power and transmission facilities. 

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

10 Administration shall apply the proceeds from the use 

11 of the transmission capacity from an individual 

12 project under this section to the repayment of the 

13 principal and interest of the loan from the Treasury 

14 attributable to that project, after reserving such 

15 funds as the Western Area Power Administration 

16 determines are necessary— 

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

18 are provided; and 

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

20 maintaining the new project from which the 

21 revenues are derived. 

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

23 use of projects under this section shall be the only 

24 source of revenue for— 
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1 ‘‘(A) repayment of the associated loan for 

2 the project; and 

3 ‘‘(B) payment of expenses for ancillary 

4 services and operation and maintenance. 

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

6 this section confers on the Administrator any addi7 tional authority or obligation to provide ancillary 

8 services to users of transmission facilities developed 

9 under this section. 

10 ‘‘(5) TREATMENT OF CERTAIN REVENUES.— 

11 Revenue from ancillary services provided by existing 

12 Federal power systems to users of transmission 

13 projects funded pursuant to this section shall be 

14 treated as revenue to the existing power system that 

15 provided the ancillary services. 

16 ‘‘(d) CERTIFICATION.— 

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

18 the Western Area Power Administration participates 

19 pursuant to this section, the Administrator shall cer20 tify, prior to committing funds for any such project, 

21 that— 

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

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

24 system reliability or operations, or other statu25 tory obligations; and 
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1 ‘‘(C) it is reasonable to expect that the 

2 proceeds from the project shall be adequate to 

3 make repayment of the loan. 

4 ‘‘(2) FORGIVENESS OF BALANCES.— 

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

6 useful life of a project, there is a remaining bal7 ance owed to the Treasury under this section, 

8 the balance shall be forgiven. 

9 ‘‘(B) UNCONSTRUCTED PROJECTS.—Funds 

10 expended to study projects that are considered 

11 pursuant to this section but that are not con12 structed shall be forgiven. 

13 ‘‘(C) NOTIFICATION.—The Administrator 

14 shall notify the Secretary of such amounts as 

15 are to be forgiven under this paragraph. 

16 ‘‘(e) PUBLIC PROCESSES.— 

17 ‘‘(1) POLICIES AND PRACTICES.—Prior to re18 questing any loans under this section, the Adminis19 trator shall use a public process to develop practices 

20 and policies that implement the authority granted by 

21 this section. 

22 ‘‘(2) REQUESTS FOR INTEREST.—In the course 

23 of selecting potential projects to be funded under 

24 this section, the Administrator shall seek Requests 

25 For Interest from entities interested in identifying 
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1 potential projects through one or more notices pub2 lished in the Federal Register.’’ 

3 SEC. 403. TECHNICAL CORRECTIONS TO THE EN4 ERGY INDEPENDENCE AND SECURITY ACT OF 2007. Title 

5 XIII of the Energy Independence and Security Act of 

6 2007 (15 U.S.C. 17381 and following) is amended as fol7 lows: 

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

9 1304(b)(3) to read as follows: 

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

11 initiative, the Secretary shall provide financial 

12 support to smart grid demonstration projects 

13 including those in rural areas and/or areas 

14 where the majority of generation and trans15 mission assets are controlled by a tax-exempt 

16 entity.’’. 

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

18 1304(b)(3) to read as follows: 

19 ‘‘(C) FEDERAL SHARE OF COST OF TECH20 NOLOGY INVESTMENTS.—The Secretary shall 

21 provide to an electric utility described in sub22 paragraph (B) or to other parties financial as23 sistance for use in paying an amount equal to 

24 not more than 50 percent of the cost of quali25 fying advanced grid technology investments 
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1 made by the electric utility or other party to 

2 carry out a demonstration project. ’’. 

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

4 1304(b)(3)(D) as follows: 

5 ‘‘(E) AVAILABILITY OF DATA.—The 

6 Secretary shall establish and maintain a 

7 smart grid information clearinghouse in a 

8 timely manner which will make data from 

9 smart grid demonstration projects and 

10 other sources available to the public. As a 

11 condition of receiving financial assistance 

12 under this subsection, a utility or other 

13 participant in a smart grid demonstration 

14 project shall provide such information as 

15 the Secretary may require to become avail16 able through the smart grid information 

17 clearinghouse in the form and within the 

18 timeframes as directed by the Secretary. 

19 The Secretary shall assure that business 

20 proprietary information and individual cus21 tomer information is not included in the 

22 information made available through the 

23 clearinghouse.’’. 

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

25 1304(c) to read as follows: 
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1 ‘‘(2) to carry out subsection (b), such sums as 

2 may be necessary.’’. 

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

4 by striking ‘‘reimbursement of one-fifth (20 per5 cent)’’ and inserting ‘‘grants of up to one-half (50 

6 percent)’’. 

7 (6) By striking the last sentence of subsection 

8 (b)(9) of section 1306. 

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

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

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

12 to read as follows: 

13 ‘‘(e) The Secretary shall— 

14 ‘‘(1) establish within 60 days after the enact15 ment of the American Recovery and Reinvestment 

16 Act of 2009 procedures by which applicants can ob17 tain grants of not more than one-half of their docu18 mented costs; 

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

20 no duplication or multiple payment for the same in21 vestment or costs, that the grant goes to the party 

22 making the actual expenditures for Qualifying Smart 

23 Grid Investments, and that the grants made have 

24 significant effect in encouraging and facilitating the 

25 development of a smart grid; 
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1 ‘‘(3) maintain public records of grants made, 

2 recipients, and qualifying Smart Grid investments 

3 which have received grants; 

4 ‘‘(4) establish procedures to provide advance 

5 payment of moneys up to the full amount of the 

6 grant award; and 

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

8 grants for investments that do not qualify in the 

9 reasonable judgment of the Secretary.’’. 

10 SEC. 404. TEMPORARY STIMULUS LOAN GUARANTEE

11 PROGRAM. (a) AMENDMENT.—Title XVII of the Energy 

12 Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended 

13 by adding the following at the end: 

14 ‘‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOY15 MENT OF RENEWABLE ENERGY AND ELEC16 TRIC POWER TRANSMISSION PROJECTS. 

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

18 the Secretary may make guarantees under this section 

19 only for commercial technology projects under subsection 

20 (b) that will reach financial close not later than September 

21 30, 2012. 

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

23 categories shall be eligible for support under this section: 

24 ‘‘(1) Renewable energy systems. 

25 ‘‘(2) Electric power transmission systems. 
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1 ‘‘(c) AUTHORIZATION LIMIT.—There are authorized 

2 to be appropriated $10,000,000,000 to the Secretary for 

3 fiscal years 2009 through 2012 to provide the cost of 

4 guarantees made under section. 

5 ‘‘(d) SUNSET.—The authority to enter into guaran6 tees under this section shall expire on September 30, 

7 2012.’’. 

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

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

10 by inserting after the item relating to section 1704 the 

11 following new item: 

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

electric power transmission projects.’’. 

12 SEC. 405. WEATHERIZATION PROGRAM AMEND13 MENTS. (a) INCOME LEVEL.—Section 412(7) of the En14 ergy Conservation and Production Act (42 U.S.C. 

15 6862(7)) is amended by striking ‘‘150 percent’’ both 

16 places it appears and inserting ‘‘200 percent’’. 

17 (b) ASSISTANCE LEVEL PER DWELLING UNIT.—Sec18 tion 415(c)(1) of the Energy Conservation and Production 

19 Act (42 U.S.C. 6865(c)(1)) is amended by striking 

20 ‘‘$2,500’’ and inserting ‘‘$5,000’’. 

21 (c) TRAINING AND TECHNICAL ASSISTANCE.—Sec22 tion 416 of the Energy Conservation and Production Act 

23 (42 U.S.C. 6866) is amended by striking ‘‘10 percent’’ 

24 and inserting ‘‘up to 20 percent’’. 
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1 SEC. 406. TECHNICAL CORRECTIONS TO PUBLIC

2 UTILITY REGULATORY POLICIES ACT OF 1978. (a) Sec3 tion 111(d) of the Public Utility Regulatory Policies Act 

4 of 1978 (16 U.S.C. 2621(d)) is amended by redesignating 

5 paragraph (16) relating to consideration of smart grid in6 vestments (added by section 1307(a) of Public Law 110– 

7 140) as paragraph (18) and by redesignating paragraph 

8 (17) relating to smart grid information (added by section 

9 1308(a) of Public Law 110–140) as paragraph (19). 

10 (b) Subsections (b) and (d) of section 112 of the Pub11 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 

12 2622) are each amended by striking ‘‘(17) through (18)’’ 

13 in each place it appears and inserting ‘‘(16) through 

14 (19)’’. 

15 TITLE V—FINANCIAL SERVICES AND GENERAL 

16 GOVERNMENT 

17 DEPARTMENT OF THE TREASURY 

18 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

19 FUND PROGRAM ACCOUNT

20 For an additional amount for ‘‘Community Develop21 ment Financial Institutions Fund Program Account’’, 

22 $250,000,000, to remain available until September 30, 

23 2010, for qualified applicants under the fiscal year 2008 

24 and 2009 funding rounds of the Community Development 

25 Financial Institutions Program, of which up to 
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1 $20,000,000 may be for financial assistance, technical as2 sistance, training and outreach programs, including up to 

3 $5,000 for subsistence expenses, designed to benefit Na4 tive American, Native Hawaiian, and Alaskan Native com5 munities and provided primarily through qualified commu6 nity development lender organizations with experience and 

7 expertise in community development banking and lending 

8 in Indian country, Native American organizations, tribes 

9 and tribal organizations and other suitable providers and 

10 up to $5,000,000 may be used for administrative ex11 penses: Provided, That for purposes of the fiscal year 2008 

12 and 2009 funding rounds, the following statutory provi13 sions are hereby waived: 12 U.S.C. 4707(e) and 12 U.S.C. 

14 4707(d): Provided further, That no awardee, together with 

15 its subsidiaries and affiliates, may be awarded more than 

16 15 percent of the aggregate funds available during each 

17 of fiscal years 2008 and 2009 from the Community Devel18 opment Financial Institutions Program: Provided further, 

19 That no later than 60 days after the date of enactment 

20 of this Act, the Department of the Treasury shall submit 

21 to the Committees on Appropriations of the House of Rep22 resentatives and the Senate a detailed expenditure plan 

23 for funds provided under this heading. 
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1 DISTRICT OF COLUMBIA 

2 FEDERAL PAYMENTS

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 WATER AND SEWER AUTHORITY

5 For a Federal payment to the District of Columbia 

6 Water and Sewer Authority, $125,000,000, to remain 

7 available until September 30, 2010, to continue implemen8 tation of the Combined Sewer Overflow Long-Term Con9 trol Plan: Provided, That the District of Columbia Water 

10 and Sewer Authority provide a 100 percent match for this 

11 payment: Provided further, That no later than 60 days 

12 after the date of enactment of this Act, the District of 

13 Columbia Water and Sewer Authority shall submit to the 

14 Committees on Appropriations of the House of Represent15 atives and the Senate a detailed expenditure plan for 

16 funds provided under this heading: Provided further, That 

17 such expenditure plan shall include a description of each 

18 specific project, how specific projects will further the ob19 jectives of the Long-Term Control Plan, and all funding 

20 sources for each project. 
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1 GENERAL SERVICES ADMINISTRATION 

2 REAL PROPERTY ACTIVITIES

3 FEDERAL BUILDINGS FUND

4 LIMITATIONS ON AVAILABILITY OF REVENUE

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount to be deposited in the Fed7 eral Buildings Fund, $9,048,000,000, to carry out the 

8 purposes of the Fund, of which not less than 

9 $1,400,000,000 shall be available for Federal buildings 

10 and United States courthouses, not less than 

11 $1,200,000,000 shall be available for border stations, and 

12 not less than $6,000,000,000 shall be available for meas13 ures necessary to convert GSA facilities to High-Perform14 ance Green Buildings, as defined in section 401 of Public 

15 Law 110–140: Provided, That not to exceed $108,000,000 

16 of the amounts provided under this heading may be ex17 pended for rental of space, related to leasing of temporary 

18 space in connection with projects funded under this head19 ing: Provided further, That not to exceed $206,000,000 

20 of the amounts provided under this heading may be ex21 pended for building operations, for the administrative 

22 costs of completing projects funded under this heading: 

23 Provided further, That (1) not less than $7,000,000,000 

24 of the funds provided under this heading shall be obligated 

25 by September 30, 2010, and (2) $1,600,000,000 shall be 

26 available until September 30, 2011: Provided further, That 
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1 the Administrator of General Services is authorized to ini2 tiate design, construction, repair, alteration, and other 

3 projects through existing authorities of the Administrator: 

4 Provided further, That the General Services Administra5 tion shall submit a detailed plan, by project, regarding the 

6 use of funds made available in this Act to the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate within 60 days of enactment of this Act: Provided 

9 further, That of the amounts provided for converting GSA 

10 facilities to High-Performance Green Buildings, 

11 $4,000,000 shall be transferred to and merged with ‘‘Gov12 ernment-Wide Policy’’, for carrying out the provisions of 

13 section 436 of the Energy Independence and Security Act 

14 of 2007 (Public Law 110–140), establishing an Office of 

15 Federal High-Performance Green Buildings, to remain 

16 available until September 30, 2010: Provided further, That 

17 within the overall amount to be deposited into the Fund, 

18 $448,000,000 shall remain available until September 30, 

19 2011, for the development and construction of the head20 quarters for the Department of Homeland Security, except 

21 that none of the preceding provisos shall apply to amounts 

22 made available under this proviso. 
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1 ENERGY-EFFICIENT FEDERAL MOTOR VEHICLE FLEET

2 PROCUREMENT

3 For capital expenditures and necessary expenses of 

4 acquiring motor vehicles with higher fuel economy, includ5 ing: hybrid vehicles; neighborhood electric vehicles; electric 

6 vehicles; and commercially-available, plug-in hybrid vehi7 cles, $600,000,000, to remain available until September 

8 30, 2011. 

9 OFFICE OF INSPECTOR GENERAL

10 For an additional amount for the Office of the In11 spector General, to remain available until September 30, 

12 2011, $2,000,000. 

13 RECOVERY ACT ACCOUNTABILITY AND 

14 TRANSPARENCY BOARD 

15 For necessary expenses of the Recovery Act Account16 ability and Transparency Board to carry out the provi17 sions of title XV of this Act, $7,000,000, to remain avail18 able until September 30, 2010. 

19 SMALL BUSINESS ADMINISTRATION 

20 SALARIES AND EXPENSES

21 For an additional amount, to remain available until 

22 September 30, 2010, $84,000,000, of which $24,000,000 

23 is for marketing, management, and technical assistance 

24 under section 7(m) of the Small Business Act (15 U.S.C. 

25 636(m)(4)) by intermediaries that make microloans under 
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1 the microloan program, of which $15,000,000 is for lender 

2 oversight activities as authorized in section 501(c) of this 

3 title, and of which $20,000,000 is for improving, stream4 lining, and automating information technology systems re5 lated to lender processes and lender oversight: Provided, 

6 That no later than 60 days after the date of enactment 

7 of this Act, the Small Business Administration shall sub8 mit to the Committees on Appropriations of the House 

9 of Representatives and the Senate a detailed expenditure 

10 plan for funds provided under the heading ‘‘Small Busi11 ness Administration’’ in this Act. 

12 OFFICE OF INSPECTOR GENERAL

13 For an additional amount for the Office of Inspector 

14 General in carrying out the provisions of the Inspector 

15 General Act of 1978, $10,000,000, to remain available 

16 until September 30, 2011. 

17 SURETY BOND GUARANTEES REVOLVING FUND

18 For additional capital for the Surety Bond Guaran19 tees Revolving Fund, authorized by the Small Business 

20 Investment Act of 1958, $15,000,000, to remain available 

21 until expended. 

22 BUSINESS LOANS PROGRAM ACCOUNT

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

24 $6,000,000, to remain available until September 30, 2010, 

25 and for an additional amount for the cost of guaranteed 
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1 loans, $615,000,000, to remain available until September 

2 30, 2010: Provided, That of the amount for the cost of 

3 guaranteed loans, $515,000,000 shall be for loan subsidies 

4 and loan modifications for loans to small business con5 cerns authorized in section 501(a) of this title; and 

6 $100,000,000 shall be for loan subsidies and loan modi7 fications for loans to small business concerns authorized 

8 in section 501(b) of this title: Provided further, That such 

9 costs, including the cost of modifying such loans, shall be 

10 as defined in section 502 of the Congressional Budget Act 

11 of 1974. 

12 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

13 ADMINISTRATION

14 SEC. 501. ECONOMIC STIMULUS FOR SMALL BUSI15 NESS CONCERNS. (a) TEMPORARY FEE ELIMINATION FOR

16 THE 7(a) LOAN PROGRAM.—Until September 30, 2010, 

17 and to the extent that the cost of such elimination of fees 

18 is offset by appropriations, with respect to each loan guar19 anteed under section 7(a) of the Small Business Act (15 

20 U.S.C. 636(a)) for which the application is approved on 

21 or after the date of enactment of this Act, the Adminis22 trator shall— 

23 (1) in lieu of the fee otherwise applicable under 

24 section 7(a)(23)(A) of the Small Business Act (15 

25 U.S.C. 636(a)(23)(A)), collect no fee; and 
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1 (2) in lieu of the fee otherwise applicable under 

2 section 7(a)(18)(A) of the Small Business Act (15 

3 U.S.C. 636(a)(18)(A)), collect no fee. 

4 (b) TEMPORARY FEE ELIMINATION FOR THE 504 

5 LOAN PROGRAM.— 

6 (1) IN GENERAL.—Until September 30, 2010, 

7 and to the extent the cost of such elimination in fees 

8 is offset by appropriations, with respect to each 

9 project or loan guaranteed by the Administrator 

10 under title V of the Small Business Investment Act 

11 of 1958 (15 U.S.C. 695 et seq.) for which an appli12 cation is approved or pending approval on or after 

13 the date of enactment of this Act— 

14 (A) the Administrator shall, in lieu of the 

15 fee otherwise applicable under section 503(d)(2) 

16 of the Small Business Investment Act of 1958 

17 (15 U.S.C. 697(d)(2)), collect no fee; 

18 (B) a development company shall, in lieu 

19 of the processing fee under section 

20 120.971(a)(1) of title 13, Code of Federal Reg21 ulations (relating to fees paid by borrowers), or 

22 any successor thereto, collect no fee. 

23 (2) REIMBURSEMENT FOR WAIVED FEES.— 

24 (A) IN GENERAL.—To the extent that the 

25 cost of such payments is offset by appropria-
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1 tions, the Administrator shall reimburse each 

2 development company that does not collect a 

3 processing fee pursuant to paragraph (1)(B). 

4 (B) AMOUNT.—The payment to a develop5 ment company under subparagraph (A) shall be 

6 in an amount equal to 1.5 percent of the net 

7 debenture proceeds for which the development 

8 company does not collect a processing fee pur9 suant to paragraph (1)(B). 

10 (c) TEMPORARY FEE ELIMINATION OF LENDER

11 OVERSIGHT FEES.—Until September 30, 2010, and to the 

12 extent the cost of such elimination in fees is offset by ap13 propriations, the Administrator shall, in lieu of the fee 

14 otherwise applicable under section 5(b)(14) of the Small 

15 Business Act (15 U.S.C. 634(b)(14)), collect no fee. 

16 (d) APPLICATION OF FEE ELIMINATIONS.—The Ad17 ministrator shall eliminate fees under subsections (a), (b), 

18 and (c) until the amount provided for such purposes, as 

19 applicable, under the headings ‘‘Salaries and Expenses’’ 

20 and ‘‘Business Loans Program Account’’ under the head21 ing ‘‘Small Business Administration’’ under this Act are 

22 expended. 

23 SEC. 502. FINANCIAL ASSISTANCE PROGRAM IM24 PROVEMENTS. (a) 7(a) LOAN MAXIMUM AMOUNT.—Sec25 tion 7(a)(3)(A) of the Small Business Act (15 U.S.C. 
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1 636(a)(3)(A)) is amended by striking ‘‘$1,500,000 (or if 

2 the gross loan amount would exceed $2,000,000)’’ and in3 serting ‘‘$2,250,000 (or if the gross loan amount would 

4 exceed $3,000,000)’’. 

5 (b) SMALL BUSINESS INVESTMENT COMPANIES.— 

6 (1) MAXIMUM LEVERAGE.—Section 303(b) of 

7 the Small Business Investment Act of 1958 (15 

8 U.S.C. 683(b)) is amended— 

9 (A) in paragraph (2), by striking subpara10 graphs (A), (B), and (C) and inserting the fol11 lowing: 

12 ‘‘(A) IN GENERAL.—The maximum 

13 amount of outstanding leverage made available 

14 to any 1 company licensed under section 301(c) 

15 may not exceed the lesser of— 

16 ‘‘(i) 300 percent of the private capital 

17 of the company; or 

18 ‘‘(ii) $150,000,000. 

19 ‘‘(B) MULTIPLE LICENSES UNDER COM20 MON CONTROL.—The maximum amount of out21 standing leverage made available to 2 or more 

22 companies licensed under section 301(c) that 

23 are commonly controlled (as determined by the 

24 Administrator) may not exceed $225,000,000. 
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1 ‘‘(C) INVESTMENTS IN LOW–INCOME GEO2 GRAPHIC AREAS.— 

3 ‘‘(i) IN GENERAL.—The maximum 

4 amount of outstanding leverage made 

5 available to— 

6 ‘‘(I) any 1 company described in 

7 clause (ii) may not exceed the lesser 

8 of— 

9 ‘‘(aa) 300 percent of private 

10 capital of the company; or 

11 ‘‘(bb) $175,000,000; and 

12 ‘‘(II) 2 or more companies de13 scribed in clause (ii) that are com14 monly controlled (as determined by 

15 the Administrator) may not exceed 

16 $250,000,000. 

17 ‘‘(ii) APPLICABILITY.—A company de18 scribed in this clause is a company licensed 

19 under section 301(c) that certifies in writ20 ing that not less than 50 percent of the 

21 dollar amount of investments of that com22 pany shall be made in companies that are 

23 located in a low-income geographic area 

24 (as that term is defined in section 351).’’; 

25 and 
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1 (B) by striking paragraph (4). 

2 (2) INVESTMENTS IN SMALLER ENTER3 PRISES.—Section 303(d) of the Small Business In4 vestment Act of 1958 (15 U.S.C. 683(d)) is amend5 ed to read as follows: 

6 ‘‘(d) INVESTMENTS IN SMALLER ENTERPRISES.— 

7 The Administrator shall require each licensee, as a condi8 tion of approval of an application for leverage, to certify 

9 in writing that not less than 25 percent of the aggregate 

10 dollar amount of financings of that licensee shall be pro11 vided to smaller enterprises.’’. 

12 (3) MAXIMUM INVESTMENT IN A COMPANY.— 

13 Section 306(a) of the Small Business Investment 

14 Act of 1958 (15 U.S.C. 686(a)) is amended by strik15 ing ‘‘20 per centum’’ and inserting ‘‘30 percent’’. 

16 (c) MAXIMUM 504 LOAN SIZE.—Section 502(2)(A) 

17 of the Small Business Investment Act of 1958 (15 U.S.C. 

18 696(2)(A)) is amended— 

19 (1) in clause (i), by striking ‘‘$1,500,000’’ and 

20 inserting ‘‘$3,000,000’’; 

21 (2) in clause (ii), by striking ‘‘$2,000,000’’ and 

22 inserting ‘‘$3,500,000’’; and 

23 (3) in clause (iii), by striking ‘‘$4,000,000’’ and 

24 inserting ‘‘$5,500,000’’. 
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1 SEC. 503. LOW-INTEREST REFINANCING. Section 

2 502 of the Small Business Investment Act of 1958 (15 

3 U.S.C. 696) is amended by adding at the end the fol4 lowing: 

5 ‘‘(7) PERMISSIBLE DEBT FINANCING.—A fi6 nancing under this title may include refinancing of 

7 existing indebtedness, in an amount not to exceed 50 

8 percent of the projected cost of the project financed 

9 under this title, if— 

10 ‘‘(A) the project financed under this title 

11 involves the expansion of a small business con12 cern; 

13 ‘‘(B) the existing indebtedness is 

14 collateralized by fixed assets; 

15 ‘‘(C) the existing indebtedness was in16 curred for the benefit of the small business con17 cern; 

18 ‘‘(D) the proceeds of the existing indebted19 ness were used to acquire land (including a 

20 building situated thereon), to construct or ex21 pand a building thereon, or to purchase equip22 ment; 

23 ‘‘(E) the borrower has been current on all 

24 payments due on the existing indebtedness for 
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1 not less than 1 year preceding the proposed 

2 date of refinancing; 

3 ‘‘(F) the financing under this title will pro4 vide better terms or a better rate of interest 

5 than exists on the existing indebtedness on the 

6 proposed date of refinancing; 

7 ‘‘(G) the financing under this title is not 

8 being used to refinance any debt guaranteed by 

9 the Government; and 

10 ‘‘(H) the financing under this title will be 

11 used only for— 

12 ‘‘(i) refinancing existing indebtedness; 

13 or 

14 ‘‘(ii) costs relating to the project fi15 nanced under this title.’’. 

16 SEC. 504. DEFINITIONS. Under the heading ‘‘Small 

17 Business Administration’’ in this title— 

18 (1) the terms ‘‘Administration’’ and ‘‘Adminis19 trator’’ mean the Small Business Administration 

20 and the Administrator thereof, respectively; 

21 (2) the term ‘‘development company’’ has the 

22 meaning given the term ‘‘development companies’’ in 

23 section 103 of the Small Business Investment Act of 

24 1958 (15 U.S.C. 662); and 
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1 (3) the term ‘‘small business concern’’ has the 

2 same meaning as in section 3 of the Small Business 

3 Act (15 U.S.C. 632). 

4 TITLE VI—DEPARTMENT OF HOMELAND 

5 SECURITY 

6 DEPARTMENT OF HOMELAND SECURITY 

7 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

8 For an additional amount for the ‘‘Office of the 

9 Under Secretary for Management’’, $248,000,000, to re10 main available until September 30, 2011, solely for plan11 ning, design, and construction costs, including site secu12 rity, information technology infrastructure, furniture, fix13 tures, and related costs to consolidate the Department of 

14 Homeland Security headquarters: Provided, That no later 

15 than 60 days after the date of enactment of this Act, the 

16 Secretary of Homeland Security, in consultation with the 

17 Administrator of General Services, shall submit to the 

18 Committees on Appropriations of the Senate and the 

19 House of Representatives a plan for the expenditure of 

20 these funds. 

21 OFFICE OF INSPECTOR GENERAL

22 For an additional amount for the ‘‘Office of Inspector 

23 General’’, $5,000,000, to remain available until September 

24 30, 2010, for oversight and audit of programs, grants, and 

25 projects funded under this title. 
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1 U.S. CUSTOMS AND BORDER PROTECTION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $198,000,000, to remain available until Sep5 tember 30, 2010, of which $100,800,000 shall be for the 

6 procurement and deployment of non-intrusive inspection 

7 systems to improve port security; and of which 

8 $97,200,000 shall be for procurement and deployment of 

9 tactical communications equipment and radios: Provided, 

10 That no later than 45 days after the date of enactment 

11 of this Act, the Secretary of Homeland Security shall sub12 mit to the Committees on Appropriations of the Senate 

13 and the House of Representatives a plan for expenditure 

14 of these funds. 

15 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

16 TECHNOLOGY

17 For an additional amount for ‘‘Border Security Fenc18 ing, Infrastructure, and Technology’’, $200,000,000, to 

19 remain available until September 30, 2010, for expedited 

20 development and deployment of border security technology 

21 on the Southwest border: Provided, That no later than 45 

22 days after the date of enactment of this Act, the Secretary 

23 of Homeland Security shall submit to the Committees on 

24 Appropriations of the Senate and the House of Represent25 atives a plan for expenditure of these funds. 
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1 CONSTRUCTION

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

3 $800,000,000, to remain available until expended, solely 

4 for planning, management, design, alteration, and con5 struction of U.S. Customs and Border Protection owned 

6 land border ports of entry: Provided, That no later than 

7 45 days after the date of enactment of this Act, the Sec8 retary of Homeland Security shall submit to the Commit9 tees on Appropriations of the Senate and the House of 

10 Representatives a plan for expenditure of these funds. 

11 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

12 AUTOMATION MODERNIZATION

13 For an additional amount for ‘‘Automation Mod14 ernization’’, $27,800,000, to remain available until Sep15 tember 30, 2010, for the procurement and deployment of 

16 tactical communications equipment and radios: Provided, 

17 That no later than 45 days after the date of enactment 

18 of this Act, the Secretary of Homeland Security shall sub19 mit to the Committees on Appropriations of the Senate 

20 and the House of Representatives a plan for expenditure 

21 of these funds. 

22 TRANSPORTATION SECURITY ADMINISTRATION

23 AVIATION SECURITY

24 For an additional amount for ‘‘Aviation Security’’, 

25 $1,200,000,000, to remain available until September 30, 
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1 2010, for procurement and installation of checked baggage 

2 explosives detection systems and checkpoint explosives de3 tection equipment: Provided, That no later than 45 days 

4 after the date of enactment of this Act, the Secretary of 

5 Homeland Security shall submit to the Committees on Ap6 propriations of the Senate and the House of Representa7 tives a plan for the expenditure of these funds. 

8 COAST GUARD

9 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

10 For an additional amount for ‘‘Acquisition, Construc11 tion, and Improvements’’, $572,500,000, to remain avail12 able until September 30, 2010, of which $255,000,000 

13 shall be for shortfalls in priority procurements due to ma14 terials and labor cost increases; of which $195,000,000 

15 shall be for shore facilities and aids to navigation facilities; 

16 of which $87,500,000 shall be for the design of a new 

17 polar icebreaker or the renovation of an existing polar ice18 breaker, and major repair and maintenance of existing 

19 polar icebreakers; and of which $35,000,000 shall be for 

20 emergency maintenance of the Coast Guard’s high endur21 ance cutters: Provided, That amounts made available for 

22 the activities under this heading shall be available for all 

23 necessary expenses related to the oversight and manage24 ment of such activities: Provided further, That no later 

25 than 45 days after the date of enactment of this Act, the 
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1 Secretary of Homeland Security shall submit to the Com2 mittees on Appropriations of the Senate and the House 

3 of Representatives a plan for the expenditure of these 

4 funds. 

5 ALTERATION OF BRIDGES

6 For an additional amount for ‘‘Alteration of 

7 Bridges’’, $240,400,000, to remain available until Sep8 tember 30, 2010, for alteration or removal of obstructive 

9 bridges, as authorized by section 6 of the Truman-Hobbs 

10 Act (33 U.S.C. 516): Provided, That no later than 45 days 

11 after the date of enactment of this Act, the Secretary of 

12 Homeland Security shall submit to the Committees on Ap13 propriations of the Senate and the House of Representa14 tives a plan for the expenditure of these funds. 

15 FEDERAL EMERGENCY MANAGEMENT AGENCY

16 MANAGEMENT AND ADMINISTRATION

17 For an additional amount for ‘‘Management and Ad18 ministration’’, $6,000,000 for the acquisition of commu19 nications response vehicles to be deployed in response to 

20 a disaster or a national security event. 

21 STATE AND LOCAL PROGRAMS

22 For an additional amount for grants, $950,000,000, 

23 to be allocated as follows: 

24 (1) $100,000,000, to remain available until 

25 September 30, 2010, for Public Transportation Se26 curity Assistance, Railroad Security Assistance, and 
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1 Systemwide Amtrak Security Upgrades under sec2 tions 1406, 1513, and 1514 of the Implementing 

3 Recommendations of the 9/11 Commission Act of 

4 2007 (Public Law 110–53; 6 U.S.C. 1135, 1163, 

5 and 1164). 

6 (2) $100,000,000, to remain available until 

7 September 30, 2010, for Port Security Grants in ac8 cordance with 46 U.S.C. 70107, notwithstanding 46 

9 U.S.C. 70107(c). 

10 (3) $250,000,000, to remain available until 

11 September 30, 2010, for upgrading, modifying, or 

12 constructing emergency operations centers under 

13 section 614 of the Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act, notwithstanding sec15 tion 614(c) of that Act or for upgrading, modifying, 

16 or constructing State and local fusion centers as de17 fined by section 210A(j)(1) of the Homeland Secu18 rity Act of 2002 (6 U.S.C. 124h(j)(1)). 

19 (4) $500,000,000 for construction to upgrade 

20 or modify critical infrastructure, as defined in sec21 tion 1016(e) of the USA PATRIOT Act of 2001 (42 

22 U.S.C. 5195c(e)), to mitigate consequences related 

23 to potential damage from all-hazards: Provided, 

24 That funds in this paragraph shall remain available 

25 until September 30, 2011: Provided further, That 5 
110 

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1 percent shall be for program administration: Pro2 vided further, That no later than 60 days after the 

3 date of enactment of this Act, the Secretary of 

4 Homeland Security shall submit to the Committees 

5 on Appropriations of the Senate and the House of 

6 Representatives a plan for expenditure of these 

7 funds. 

8 FIREFIGHTER ASSISTANCE GRANTS

9 For an additional amount for competitive grants, 

10 $500,000,000, to remain available until September 30, 

11 2010, for modifying, upgrading, or constructing State and 

12 local fire stations: Provided, That up to 5 percent shall 

13 be for program administration: Provided further, That no 

14 grant shall exceed $15,000,000. 

15 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

16 Notwithstanding section 417(b) of the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance Act, 

18 the amount of any such loan issued pursuant to this sec19 tion for major disasters occurring in calendar year 2008 

20 may exceed $5,000,000, and may be equal to not more 

21 than 50 percent of the annual operating budget of the 

22 local government in any case in which that local govern23 ment has suffered a loss of 25 percent or more in tax reve24 nues: Provided, That the cost of modifying such loans shall 

25 be as defined in section 502 of the Congressional Budget 

26 Act of 1974 (2 U.S.C. 661a). 
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1 EMERGENCY FOOD AND SHELTER

2 For an additional amount to carry out the emergency 

3 food and shelter program pursuant to title III of the 

4 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

5 11331 et seq.), $100,000,000: Provided, That total admin6 istrative costs shall not exceed 3.5 percent of the total 

7 amount made available under this heading. 

8 FEDERAL LAW ENFORCEMENT TRAINING CENTER

9 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

10 RELATED EXPENSES

11 For an additional amount for ‘‘Acquisition, Construc12 tion, Improvements, and Related Expenses’’, $15,000,000, 

13 to remain available until September 30, 2010, for security 

14 systems and law enforcement upgrades for all Federal 

15 Law Enforcement Training Center facilities: Provided, 

16 That no later than 45 days after the date of enactment 

17 of this Act, the Secretary of Homeland Security shall sub18 mit to the Committees on Appropriations of the Senate 

19 and the House of Representatives a plan for the expendi20 ture of these funds. 

21 SCIENCE AND TECHNOLOGY

22 RESEARCH, DEVELOPMENT, ACQUISITION, AND

23 OPERATIONS

24 For an additional amount for ‘‘Research, Develop25 ment, Acquisition, and Operations’’, $14,000,000, to re-
112 

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1 main available until September 30, 2010, for cyber secu2 rity research: Provided, That no later than 45 days after 

3 the date of enactment of this Act, the Secretary of Home4 land Security shall submit to the Committees on Appro5 priations of the Senate and the House of Representatives 

6 a plan for the expenditure of these funds. 

7 GENERAL PROVISIONS—THIS TITLE 

8 SEC. 601. Notwithstanding any other provision of 

9 law, the President shall establish an arbitration panel 

10 under the Federal Emergency Management Agency public 

11 assistance program to expedite the recovery efforts from 

12 Hurricanes Katrina, Rita, Gustav, and Ike within the Gulf 

13 Coast Region. The arbitration panel shall have sufficient 

14 authority regarding the award or denial of disputed public 

15 assistance applications for covered hurricane damage 

16 under section 403, 406, or 407 of the Robert T. Stafford 

17 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

18 5170b, 5172, or 5173) for a project the total amount of 

19 which is more than $500,000. 

20 SEC. 602. The Administrator of the Federal Emer21 gency Management Agency may not prohibit or restrict 

22 the use of funds designated under the hazard mitigation 

23 grant program for damage caused by Hurricanes Katrina 

24 and Rita if the homeowner who is an applicant for assist25 ance under such program commenced work otherwise eligi-
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1 ble for hazard mitigation grant program assistance under 

2 section 404 of the Robert T. Stafford Disaster Relief and 

3 Emergency Assistance Act (42 U.S.C. 5170c) without ap4 proval in writing from the Administrator. 

5 TITLE VII—INTERIOR, ENVIRONMENT, AND 

6 RELATED AGENCIES 

7 DEPARTMENT OF THE INTERIOR 

8 BUREAU OF LAND MANAGEMENT

9 MANAGEMENT OF LANDS AND RESOURCES

10 For an additional amount for ‘‘Management of Lands 

11 and Resources’’, $135,000,000, to remain available until 

12 September 30, 2010. 

13 CONSTRUCTION

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

15 $180,000,000, to remain available until September 30, 

16 2010. 

17 WILDLAND FIRE MANAGEMENT

18 For an additional amount for ‘‘Wildland Fire Man19 agement’’, $15,000,000, to remain available until Sep20 tember 30, 2010. 

21 UNITED STATES FISH AND WILDLIFE SERVICE

22 RESOURCE MANAGEMENT

23 For an additional amount for ‘‘Resource Manage24 ment’’, $190,000,000, to remain available until September 

25 30, 2010. 
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1 CONSTRUCTION

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

3 $110,000,000, to remain available until September 30, 

4 2010. 

5 NATIONAL PARK SERVICE

6 OPERATION OF THE NATIONAL PARK SYSTEM

7 For an additional amount for ‘‘Operation of the Na8 tional Park System’’, $158,000,000, to remain available 

9 until September 30, 2010. 

10 HISTORIC PRESERVATION FUND

11 For an additional amount for ‘‘Historic Preservation 

12 Fund’’, $55,000,000, to remain available until September 

13 30, 2010. 

14 CONSTRUCTION

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

16 $589,000,000, to remain available until September 30, 

17 2010. 

18 UNITED STATES GEOLOGICAL SURVEY

19 SURVEYS, INVESTIGATIONS, AND RESEARCH

20 For an additional amount for ‘‘Surveys, Investiga21 tions, and Research’’, $135,000,000, to remain available 

22 until September 30, 2010. 

23 BUREAU OF INDIAN AFFAIRS

24 OPERATION OF INDIAN PROGRAMS

25 For an additional amount for ‘‘Operation of Indian 

26 Programs’’, $40,000,000, to remain available until Sep-
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1 tember 30, 2010, of which $20,000,000 shall be for the 

2 housing improvement program. 

3 CONSTRUCTION

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

5 $522,000,000, to remain available until September 30, 

6 2010. 

7 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

8 For an additional amount for ‘‘Indian Guaranteed 

9 Loan Program Account’’, $10,000,000, to remain avail10 able until September 30, 2010. 

11 DEPARTMENTAL OFFICES 

12 INSULAR AFFAIRS

13 ASSISTANCE TO TERRITORIES

14 For an additional amount for ‘‘Assistance to Terri15 tories’’, $62,000,000, to remain available until September 

16 30, 2010. 

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Office of Inspector 

20 General’’, $7,600,000, to remain available until September 

21 30, 2010. 

22 DEPARTMENT-WIDE PROGRAMS

23 CENTRAL HAZARDOUS MATERIALS FUND

24 For an additional amount for ‘‘Central Hazardous 

25 Materials Fund’’, $20,000,000, to remain available until 

26 September 30, 2010. 
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1 WORKING CAPITAL FUND

2 For an additional amount for ‘‘Working Capital 

3 Fund’’, $20,000,000, to remain available until September 

4 30, 2010. 

5 ENVIROMENTAL PROTECTION AGENCY 

6 HAZARDOUS SUBSTANCE SUPERFUND

7 (INCLUDING TRANSFERS OF FUNDS)

8 For an additional amount for ‘‘Hazardous Substance 

9 Superfund’’, $800,000,000, to remain available until Sep10 tember 30, 2010, as a payment from general revenues to 

11 the Hazardous Substance Superfund, to carry out reme12 dial actions: Provided, That the Administrator may retain 

13 up to 2 percent of the funds appropriated herein for 

14 Superfund remedial actions for program oversight and 

15 support purposes, and may transfer those funds to other 

16 accounts as needed. 

17 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

18 PROGRAM

19 For an additional amount for ‘‘Leaking Underground 

20 Storage Tank Trust Fund Program’’, $200,000,0000, to 

21 remain available until September 30, 2010, for cleanup 

22 activities: Provided, That none of these funds shall be sub23 ject to cost share requirements. 
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1 STATE AND TRIBAL ASSISTANCE GRANTS

2 (INCLUDING TRANSFERS OF FUNDS)

3 For an additional amount for ‘‘State and Tribal As4 sistance Grants’’, $6,400,000,000, to remain available 

5 until September 30, 2010, of which $4,000,000,000 shall 

6 be for making capitalization grants for the Clean Water 

7 State Revolving Funds under title VI of the Federal Water 

8 Pollution Control Act, as amended; of which 

9 $2,000,000,000 shall be for making capitalization grants 

10 for the Drinking Water State Revolving Fund under sec11 tion 1452 of the Safe Drinking Water Act, as amended; 

12 of which $100,000,000 shall be available for Brownfields 

13 remediation grants pursuant to section 104(k)(3) of the 

14 Comprehensive Environmental Response, Compensation 

15 and Liability Act of 1980, as amended; and of which 

16 $300,000,000 shall be for Diesel Emission Reduction Act 

17 grants pursuant to title VII, subtitle G of the Energy Pol18 icy Act of 2005, as amended: Provided, That notwith19 standing the priority ranking they would otherwise receive 

20 under each program, priority for funds appropriated here21 in for the Clean Water State Revolving Funds and Drink22 ing Water State Revolving Funds (Revolving Funds) shall 

23 be allocated to projects that are ready to proceed to con24 struction within 180 days of enactment of this Act: Pro25 vided further, That the Administrator of the Environ-
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1 mental Protection Agency (Administrator) may reallocate 

2 funds appropriated herein for the Revolving Funds that 

3 are not under binding commitments to proceed to con4 struction within 180 days of enactment of this Act: Pro5 vided further, That notwithstanding any other provision of 

6 law, financial assistance provided from funds appropriated 

7 herein for the Revolving Funds may include additional 

8 subsidization, including forgiveness of principal and nega9 tive interest loans: Provided further, That not less than 

10 15 percent of the funds appropriated herein for the Re11 volving Funds shall be designated for green infrastructure, 

12 water efficiency improvements or other environmentally 

13 innovative projects: Provided further, That notwith14 standing the limitation on amounts specified in section 

15 518(c) of the Federal Water Pollution Control Act, up to 

16 a total of 1.5 percent of the funds appropriated herein 

17 for the Clean Water State Revolving Funds may be re18 served by the Administrator for tribal grants under section 

19 518(c) of such Act: Provided further, That section 1452(k) 

20 of the Safe Drinking Water Act shall not apply to amounts 

21 appropriated herein for the Drinking Water State Revolv22 ing Funds: Provided further, That the Administrator may 

23 exceed the 30 percent limitation on State grants for funds 

24 appropriated herein for Diesel Emission Reduction Act 

25 grants if the Administrator determines such action will ex-
119 

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1 pedite allocation of funds: Provided further, That none of 

2 the funds appropriated herein shall be subject to cost 

3 share requirements: Provided further, That the Adminis4 trator may retain up to 0.25 percent of the funds appro5 priated herein for the Clean Water State Revolving Funds 

6 and Drinking Water State Revolving Funds and up to 1.5 

7 percent of the funds appropriated herein for the Diesel 

8 Emission Reduction Act grants program for program 

9 oversight and support purposes and may transfer those 

10 funds to other accounts as needed. 

11 DEPARTMENT OF AGRICULTURE 

12 FOREST SERVICE

13 CAPITAL IMPROVEMENT AND MAINTENANCE

14 For an additional amount for ‘‘Capital Improvement 

15 and Maintenance’’, $650,000,000, to remain available 

16 until September 30, 2010, which shall include remediation 

17 of abandoned mine sites and support costs necessary to 

18 carry out this work. 

19 WILDLAND FIRE MANAGEMENT

20 For an additional amount for ‘‘Wildland Fire Man21 agement’’, $650,000,000, to remain available until Sep22 tember 30, 2010, for hazardous fuels reduction and haz23 ard mitigation activities in areas at high risk of cata24 strophic wildfire, of which $350,000,000 is available for 

25 work on State and private lands using all the authorities 

26 available to the Forest Service: Provided, That of the 
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1 funds provided for State and private land fuels reduction 

2 activities, up to $50,000,000 may be used to make grants 

3 for the purpose of creating incentives for increased use 

4 of biomass from national forest lands. 

5 DEPARTMENT OF HEALTH AND HUMAN 

6 SERVICES 

7 INDIAN HEALTH SERVICE

8 INDIAN HEALTH SERVICES

9 For an additional amount for ‘‘Indian Health Serv10 ices’’, $135,000,000, to remain available until September 

11 30, 2010, of which $50,000,000 is for contract health 

12 services; and of which $85,000,000 is for health informa13 tion technology: Provided, That the amount made avail14 able for health information technology activities may be 

15 used for both telehealth services development and related 

16 infrastructure requirements that are typically funded 

17 through the ‘‘Indian Health Facilities’’ account: Provided 

18 further, That notwithstanding any other provision of law, 

19 health information technology funds provided within this 

20 title shall be allocated at the discretion of the Director 

21 of the Indian Health Service. 

22 INDIAN HEALTH FACILITIES

23 For an additional amount for ‘‘Indian Health Facili24 ties’’, $410,000,000, to remain available until September 

25 30, 2010: Provided, That for the purposes of this Act, 

26 spending caps included within the annual appropriation 
121 

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1 for ‘‘Indian Health Facilities’’ for the purchase of medical 

2 equipment shall not apply. 

3 SMITHSONIAN INSTITUTION 

4 FACILITIES CAPITAL

5 For an additional amount for ‘‘Facilities Capital’’, 

6 $150,000,000, to remain available until September 30, 

7 2010. 

8 GENERAL PROVISIONS—THIS TITLE 

9 SEC. 701. (a) Within 30 days of enactment of this 

10 Act, each agency receiving funds under this title shall sub11 mit a general plan for the expenditure of such funds to 

12 the House and Senate Committees on Appropriations. 

13 (b) Within 90 days of enactment of this Act, each 

14 agency receiving funds under this title shall submit to the 

15 Committees a report containing detailed project level in16 formation associated with the general plan submitted pur17 suant to subsection (a). 

18 SEC. 702. In carrying out the work for which funds 

19 in this title are being made available, the Secretary of the 

20 Interior and the Secretary of Agriculture may utilize the 

21 Public Lands Corps, Youth Conservation Corps, Job 

22 Corps and other related partnerships with Federal, State, 

23 local, tribal or non-profit groups that serve young adults. 
122 

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1 TITLE VIII—DEPARTMENTS OF LABOR, 

2 HEALTH AND HUMAN SERVICES, AND EDU3 CATION, AND RELATED AGENCIES 

4 DEPARTMENT OF LABOR 

5 EMPLOYMENT AND TRAINING ADMINISTRATION

6 TRAINING AND EMPLOYMENT SERVICES

7 For an additional amount for ‘‘Training and Employ8 ment Services’’ for activities authorized by the Workforce 

9 Investment Act of 1998 (‘‘WIA’’), $3,250,000,000, which 

10 shall be available on the date of enactment of this Act, 

11 as follows: 

12 (1) $500,000,000 for adult employment and 

13 training activities, including supportive services and 

14 needs-related payments described in section 

15 134(e)(2) and (3) of the WIA: Provided, That a pri16 ority use of these funds shall be services to individ17 uals described in 134(d)(4)(E) of the WIA; 

18 (2) $1,200,000,000 for grants to the States for 

19 youth activities, including summer employment for 

20 youth: Provided, That no portion of such funds shall 

21 be reserved to carry out section 127(b)(1)(A) of the 

22 WIA: Provided further, That for purposes of section 

23 127(b)(1)(C)(iv) of the WIA, funds available for 

24 youth activities shall be allotted as if the total 

25 amount available for youth activities in the fiscal 
123 

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1 year does not exceed $1,000,000,000: Provided fur2 ther, That, with respect to the youth activities pro3 vided with such funds, section 101(13)(A) of the 

4 WIA shall be applied by substituting ‘‘age 24’’ for 

5 ‘‘age 21’’: Provided further, That the work readiness 

6 performance indicator described in section 

7 136(b)(2)(A)(ii)(I) of the WIA shall be the only 

8 measure of performance used to assess the effective9 ness of youth activities provided with such funds; 

10 (3) $1,000,000,000 for grants to the States for 

11 dislocated worker employment and training activi12 ties; 

13 (4) $200,000,000 for national emergency 

14 grants; 

15 (5) $250,000,000 under the dislocated worker 

16 national reserve for a program of competitive grants 

17 for worker training in high growth and emerging in18 dustry sectors and assistance under 132(b)(2)(A) of 

19 the WIA: Provided, That the Secretary of Labor 

20 shall give priority when awarding such grants to 

21 projects that prepare workers for careers in energy 

22 efficiency and renewable energy as described in sec23 tion 171(e)(1)(B) of the WIA and for careers in the 

24 health care sector; and 
124 

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1 (6) $100,000,000 for YouthBuild activities as 

2 described in section 173A of the WIA: Provided, 

3 That for program years 2008 and 2009, the 

4 YouthBuild program may serve an individual who 

5 has dropped out of high school and re-enrolled in an 

6 alternative school, if that re-enrollment is part of a 

7 sequential service strategy: 

8 Provided, That funds made available in this paragraph 

9 shall remain available through June 30, 2010: Provided 

10 further, That a local board may award a contract to an 

11 institution of higher education if the local board deter12 mines that it would facilitate the training of multiple indi13 viduals in high-demand occupations, if such contract does 

14 not limit customer choice. 

15 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

16 AMERICANS

17 For an additional amount for ‘‘Community Service 

18 Employment for Older Americans’’ for carrying out title 

19 V of the Older Americans Act of 1965, $120,000,000, 

20 which shall be available on the date of enactment of this 

21 Act and shall remain available through June 30, 2010: 

22 Provided, That funds shall be allotted within 30 days of 

23 such enactment to current grantees in proportion to their 

24 allotment in program year 2008: Provided further, That 

25 funds made available under this heading in this Act may, 
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1 in accordance with section 517(c) of the Older Americans 

2 Act of 1965, be recaptured and reobligated. 

3 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

4 SERVICE OPERATIONS

5 For an additional amount for ‘‘State Unemployment 

6 Insurance and Employment Service Operations’’ for 

7 grants to States in accordance with section 6 of the Wag8 ner-Peyser Act, $400,000,000, which may be expended 

9 from the Employment Security Administration account in 

10 the Unemployment Trust Fund: Provided, That such 

11 funds shall be available on the date of enactment of this 

12 Act and remain available to the States through September 

13 30, 2010: Provided further, That $250,000,000 of such 

14 funds shall be used by States for reemployment services 

15 for unemployment insurance claimants (including the inte16 grated Employment Service and Unemployment Insurance 

17 information technology required to identify and serve the 

18 needs of such claimants): Provided further, That the Sec19 retary of Labor shall establish planning and reporting pro20 cedures necessary to provide oversight of funds used for 

21 reemployment services. 

22 DEPARTMENTAL MANAGEMENT

23 OFFICE OF JOB CORPS

24 For an additional amount for ‘‘Office of Job Corps’’ 

25 for construction, alteration and repairs of buildings and 

26 other facilities, $160,000,000, which shall remain avail-
126 

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1 able through June 30, 2010: Provided, That the Secretary 

2 of Labor may transfer up to 15 percent of such funds to 

3 meet the operational needs of Job Corps Centers, which 

4 may include training for careers in the energy efficiency, 

5 renewable energy, and environmental protection indus6 tries: Provided further, That not later than 90 days after 

7 the date of enactment of this Act, the Secretary shall pro8 vide to the Committee on Appropriations of the House of 

9 Representatives and the Senate an operating plan describ10 ing the planned uses of funds available in this paragraph. 

11 OFFICE OF INSPECTOR GENERAL

12 For an additional amount for the ‘‘Office of Inspector 

13 General’’, $3,000,000, which shall remain available 

14 through September 30, 2010, for salaries and expenses 

15 necessary for oversight and audit of programs, grants, and 

16 projects funded in this Act and administered by the De17 partment of Labor. 

18 DEPARTMENT OF HEALTH AND HUMAN 

19 SERVICES 

20 HEALTH RESOURCES AND SERVICES ADMINISTRATION

21 HEALTH RESOURCES AND SERVICES

22 For an additional amount for ‘‘Health Resources and 

23 Services’’, $1,088,000,000, which shall remain available 

24 through September 30, 2010, of which $88,000,000 shall 

25 be for necessary expenses related to leasing and renovating 

26 a headquarters building for Public Health Service agencies 
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1 and other components of the Department of Health and 

2 Human Services, including renovation and fit-out costs, 

3 and of which $1,000,000,000 shall be for grants for con4 struction, renovation and equipment for health centers re5 ceiving operating grants under section 330 of the Public 

6 Health Service Act, notwithstanding the limitation in sec7 tion 330(e)(3). 

8 CENTERS FOR DISEASE CONTROL AND PREVENTION

9 DISEASE CONTROL, RESEARCH, AND TRAINING

10 For an additional amount for ‘‘Disease Control, Re11 search, and Training’’ for acquisition of real property, 

12 equipment, construction, and renovation of facilities, in13 cluding necessary repairs and improvements to leased lab14 oratories, $412,000,000, which shall remain available 

15 through September 30, 2010: Provided, That notwith16 standing any other provision of law, the Centers for Dis17 ease Control and Prevention may award a single contract 

18 or related contracts for development and construction of 

19 facilities that collectively include the full scope of the 

20 project: Provided further, That the solicitation and con21 tract shall contain the clause ‘‘availability of funds’’ found 

22 at 48 CFR 52.232–18. 
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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL CENTER FOR RESEARCH RESOURCES

3 For an additional amount for ‘‘National Center for 

4 Research Resources’’, $300,000,000, which shall be avail5 able through September 30, 2010, for shared instrumenta6 tion and other capital research equipment. 

7 OFFICE OF THE DIRECTOR

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Office of the Direc10 tor’’, $2,700,000,000, which shall be available through 

11 September 30, 2010: Provided, That $1,350,000,000 shall 

12 be transferred to the Institutes and Centers of the Na13 tional Institutes of Health and to the Common Fund es14 tablished under section 402A(c)(1) of the Public Health 

15 Service Act in proportion to the appropriations otherwise 

16 made to such Institutes, Centers, and Common Fund for 

17 fiscal year 2009: Provided further, That these funds shall 

18 be used to support additional scientific research and shall 

19 be merged with and be available for the same purposes 

20 as the appropriation or fund to which transferred: Pro21 vided further, That this transfer authority is in addition 

22 to any other transfer authority available to the National 

23 Institutes of Health: Provided further, That none of these 

24 funds may be transferred to ‘‘National Institutes of 

25 Health—Buildings and Facilities’’, the Center for Sci26 entific Review, the Center for Information Technology, the 
129 

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1 Clinical Center, the Global Fund for HIV/AIDS, Tuber2 culosis and Malaria, or the Office of the Director (except 

3 for the transfer to the Common Fund). 

4 BUILDINGS AND FACILITIES

5 For an additional amount for ‘‘Buildings and Facili6 ties’’, $500,000,000, which shall be available through Sep7 tember 30, 2010, to fund high-priority repair, construction 

8 and improvement projects for National Institutes of 

9 Health facilities on the Bethesda, Maryland campus and 

10 other agency locations. 

11 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

12 HEALTHCARE RESEARCH AND QUALITY

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Healthcare Research 

15 and Quality’’ to carry out titles III and IX of the Public 

16 Health Service Act, part A of title XI of the Social Secu17 rity Act, and section 1013 of the Medicare Prescription 

18 Drug, Improvement, and Modernization Act of 2003, 

19 $700,000,000 for comparative clinical effectiveness re20 search, which shall remain available through September 

21 30, 2010: Provided, That of the amount appropriated in 

22 this paragraph, $400,000,000 shall be transferred to the 

23 Office of the Director of the National Institutes of Health 

24 (‘‘Office of the Director’’) to conduct or support compara25 tive clinical effectiveness research under section 301 and 

26 title IV of the Public Health Service Act: Provided further, 
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1 That funds transferred to the Office of the Director may 

2 be transferred to the Institutes and Centers of the Na3 tional Institutes of Health and to the Common Fund es4 tablished under section 402A(c)(1) of the Public Health 

5 Service Act: Provided further, That this transfer authority 

6 is in addition to any other transfer authority available to 

7 the National Institutes of Health: Provided further, That 

8 within the amount available in this paragraph for the 

9 Agency for Healthcare Research and Quality, not more 

10 than 1 percent shall be made available for additional full11 time equivalents. 

12 In addition, $400,000,000 shall be available for com13 parative clinical effectiveness research to be allocated at 

14 the discretion of the Secretary of Health and Human 

15 Services (‘‘Secretary’’) and shall remain available through 

16 September 30, 2010: Provided, That the funding appro17 priated in this paragraph shall be used to accelerate the 

18 development and dissemination of research assessing the 

19 comparative clinical effectiveness of health care treat20 ments and strategies, including through efforts that: (1) 

21 conduct, support, or synthesize research that compares the 

22 clinical outcomes, effectiveness, and appropriateness of 

23 items, services, and procedures that are used to prevent, 

24 diagnose, or treat diseases, disorders, and other health 

25 conditions and (2) encourage the development and use of 
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1 clinical registries, clinical data networks, and other forms 

2 of electronic health data that can be used to generate or 

3 obtain outcomes data: Provided further, That the Sec4 retary shall enter into a contract with the Institute of 

5 Medicine, for which no more than $1,500,000 shall be 

6 made available from funds provided in this paragraph, to 

7 produce and submit a report to the Congress and the Sec8 retary by not later than June 30, 2009 that includes rec9 ommendations on the national priorities for comparative 

10 clinical effectiveness research to be conducted or sup11 ported with the funds provided in this paragraph and that 

12 considers input from stakeholders: Provided further, That 

13 the Secretary shall consider any recommendations of the 

14 Federal Coordinating Council for Comparative Clinical Ef15 fectiveness Research established by section 802 of this Act 

16 and any recommendations included in the Institute of 

17 Medicine report pursuant to the preceding proviso in des18 ignating activities to receive funds provided in this para19 graph and may make grants and contracts with appro20 priate entities, which may include agencies within the De21 partment of Health and Human Services and other gov22 ernmental agencies, as well as private sector entities, that 

23 have demonstrated experience and capacity to achieve the 

24 goals of comparative clinical effectiveness research: Pro25 vided further, That the Secretary shall publish information 
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1 on grants and contracts awarded with the funds provided 

2 under this heading within a reasonable time of the obliga3 tion of funds for such grants and contracts and shall dis4 seminate research findings from such grants and contracts 

5 to clinicians, patients, and the general public, as appro6 priate: Provided further, That, to the extent feasible, the 

7 Secretary shall ensure that the recipients of the funds pro8 vided by this paragraph offer an opportunity for public 

9 comment on the research: Provided further, That the Sec10 retary shall provide the Committees on Appropriations of 

11 the House of Representatives and the Senate, the Com12 mittee on Energy and Commerce and the Committee on 

13 Ways and Means of the House of Representatives, and the 

14 Committee on Health, Education, Labor, and Pensions 

15 and the Committee on Finance of the Senate with an an16 nual report on the research conducted or supported 

17 through the funds provided under this heading. 

18 ADMINISTRATION FOR CHILDREN AND FAMILIES

19 PAYMENTS TO STATES FOR THE CHILD CARE AND

20 DEVELOPMENT BLOCK GRANT

21 For an additional amount for ‘‘Payments to States 

22 for the Child Care and Development Block Grant’’ for car23 rying out the Child Care and Development Block Grant 

24 Act of 1990, $2,000,000,000, which shall remain available 

25 through September 30, 2010: Provided, That funds pro-
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1 vided under this heading shall be used to supplement, not 

2 supplant State general revenue funds for child care assist3 ance for low-income families: Provided further, That, in 

4 addition to the amounts required to be reserved by the 

5 States under section 658G of such Act, $255,186,000 

6 shall be reserved by the States for activities authorized 

7 under section 658G, of which $93,587,000 shall be for ac8 tivities that improve the quality of infant and toddler care. 

9 SOCIAL SERVICES BLOCK GRANT

10 For an additional amount for ‘‘Social Services Block 

11 Grant,’’ $400,000,000: Provided, That notwithstanding 

12 section 2003 of the Social Security Act, funds shall be al13 located to States on the basis of unemployment: Provided 

14 further, That these funds shall be obligated to States with15 in 60 calendar days from the date they become available 

16 for obligation. 

17 CHILDREN AND FAMILIES SERVICES PROGRAMS

18 For an additional amount for ‘‘Children and Families 

19 Services Programs’’ for carrying out activities under the 

20 Head Start Act, $1,000,000,000, which shall remain avail21 able through September 30, 2010. In addition, 

22 $1,100,000,000, which shall remain available through 

23 September 30, 2010, is hereby appropriated for expansion 

24 of Early Head Start programs, as described in section 

25 645A of such Act: Provided, That of the funds provided 

26 in this sentence, up to 10 percent shall be available for 
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1 the provision of training and technical assistance to such 

2 programs consistent with section 645A(g)(2) of such Act, 

3 and up to 3 percent shall be available for monitoring the 

4 operation of such programs consistent with section 641A 

5 of such Act. 

6 For an additional amount for ‘‘Children and Families 

7 Services Programs’’ for carrying out activities under sec8 tions 674 through 679 of the Community Services Block 

9 Grant Act, $200,000,000, which shall remain available 

10 through September 30, 2010: Provided, That of the funds 

11 provided under this paragraph, no part shall be subject 

12 to paragraph (3) of section 674(b) of such Act: Provided 

13 further, That not less than 5 percent of the funds allotted 

14 to a State from the appropriation under this paragraph 

15 shall be used under section 675C(b)(1) for benefits enroll16 ment coordination activities relating to the identification 

17 and enrollment of eligible individuals and families in Fed18 eral, State and local benefit programs. 

19 ADMINISTRATION ON AGING

20 AGING SERVICES PROGRAMS

21 For an additional amount for ‘‘Aging Services Pro22 grams,’’ $100,000,000, of which $67,000,000 shall be for 

23 Congregate Nutrition Services and $33,000,000 shall be 

24 for Home-Delivered Nutrition Services: Provided, That 
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1 these funds shall remain available through September 30, 

2 2010. 

3 OFFICE OF THE SECRETARY

4 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

5 INFORMATION TECHNOLOGY

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Office of the National 

8 Coordinator for Health Information Technology’’, 

9 $5,000,000,000, to carry out title XIII of this Act which 

10 shall be available until expended: Provided, That of this 

11 amount, the Secretary of Health and Human Services 

12 shall transfer $20,000,000 to the Director of the National 

13 Institute of Standards and Technology in the Department 

14 of Commerce for continued work on advancing health care 

15 information enterprise integration through activities such 

16 as technical standards analysis and establishment of con17 formance testing infrastructure so long as such activities 

18 are coordinated with the Office of the National Coordi19 nator for Health Information Technology: Provided fur20 ther, That funds available under this heading shall become 

21 available for obligation only upon submission of an annual 

22 operating plan by the Secretary to the Committees on Ap23 propriations of the House of Representatives and the Sen24 ate: Provided further, That the Secretary shall provide to 

25 the Committees on Appropriations of the House of Rep26 resentatives and the Senate a report on the actual obliga-
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1 tions, expenditures, and unobligated balances for each 

2 major set of activities not later than November 1, 2009 

3 and every 6 months thereafter as long as funding under 

4 this heading is available for obligation or expenditure. 

5 OFFICE OF THE INSPECTOR GENERAL

6 For an additional amount for the Office of the In7 spector General, $4,000,000 which shall remain available 

8 until September 30, 2011. 

9 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

10 FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for the ‘‘Public Health and 

13 Social Services Emergency Fund’’ to carry out a program 

14 of grants, contracts, and cooperative agreements to fund 

15 projects and activities to reduce the incidence or severity 

16 of preventable disabilities, diseases and conditions and to 

17 invest in health workforce training, $5,800,000,000, to re18 main available through September 30, 2011: Provided, 

19 That the amount made available in this paragraph may 

20 be transferred to another appropriation account of the De21 partment of Health and Human Services (‘‘HHS’’), as de22 termined by the Secretary of Health and Human Services 

23 to be appropriate and upon notification of the Committees 

24 on Appropriations of the House of Representatives and the 

25 Senate, to be used for the purposes specified in this para26 graph, and the provisos of this paragraph shall apply to 
137 

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1 any funds so transferred: Provided further, That of the 

2 amount provided in this paragraph, not less than 

3 $1,000,000,000 shall be transferred to the Centers for 

4 Disease Control and Prevention (‘‘CDC’’) as an additional 

5 amount for screening activities related to preventable dis6 abilities and chronic diseases and conditions, including 

7 counseling to prevent and mitigate the precursors of those 

8 disorders: Provided further, That of the amount provided 

9 in this paragraph, not less than $750,000,000 shall be 

10 transferred to the CDC as an additional amount to carry 

11 out the immunization program authorized by section 

12 317(a), (j), and (k)(1) of the Public Health Service Act 

13 (‘‘PHS Act’’): Provided further, That of the amount pro14 vided in this paragraph, not less than $600,000,000 shall 

15 be transferred to the Health Resources and Services Ad16 ministration as an additional amount to address health 

17 professions workforce shortages through scholarships, loan 

18 repayment, grants to training programs for equipment 

19 and activities to foster cross-state licensure agreements, 

20 authorized under sections 330 through 338, 737, 738, and 

21 846 of the PHS Act, of which $200,000,000 shall be avail22 able until expended for extending service contracts and the 

23 recapture and reallocation of funds in the event that a 

24 participant fails to fulfill their term of service: Provided 

25 further, That of the amount provided in this paragraph, 
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1 $400,000,000 shall be transferred to the CDC as an addi2 tional amount for the Healthy Communities program, 

3 which shall be used for multi-year awards: Provided fur4 ther, That of the amount provided under this heading, not 

5 less than $400,000,000 shall be transferred to the CDC 

6 for an additional amount for the screening and prevention 

7 of sexually-transmitted diseases, including HIV: Provided 

8 further, That of the amount provided in this paragraph, 

9 not less than $75,000,000 shall be for smoking cessation 

10 activities, including laboratory testing and equipment: 

11 Provided further, That of the amount provided in this 

12 paragraph, not less than $60,000,000 shall be made avail13 able for additional research, data collection and surveys 

14 relating to prevention science and the current state of 

15 health, including equipment: Provided further, That of the 

16 amount provided in this paragraph, $40,000,000 shall be 

17 transferred to the CDC for information technology im18 provements to vital statistics record systems, including 

19 grants to State health departments for equipment: Pro20 vided further, That of the amount provided in this para21 graph, $15,000,000 shall be made available for grants to 

22 States for equipment and maintenance related to newborn 

23 screening: Provided further, That not less than 1 percent 

24 of the amount provided in this paragraph shall be avail25 able for evaluation of the activities supported by the 
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1 amounts provided in this paragraph: Provided further, 

2 That up to 1 percent of amounts made available in this 

3 paragraph may be used for administrative expenses in the 

4 office or division of HHS administering the funds: Pro5 vided further, That the transfers required by this para6 graph shall be completed within 30 days of enactment of 

7 this Act: Provided further, That the Secretary shall submit 

8 reports to the Committees on Appropriations of the House 

9 of Representatives and the Senate detailing the following 

10 information on the amounts appropriated in this para11 graph: (1) an operating plan detailing activities to be sup12 ported and timelines for expenditure, to be submitted no 

13 later than 120 days after the enactment of this Act; (2) 

14 15 day prior notification of any funds to be obligated prior 

15 to the submission of the operating plan; (3) an obligation 

16 and expenditure report to be submitted quarterly until all 

17 funds are fully expended; (4) a briefing 15 days prior to 

18 any new grant solicitation; (5) an evaluation plan that de19 tails the manner in which the Secretary intends to evalu20 ate the outcomes of activities supported, to be submitted 

21 120 days after enactment of this Act; (6) an outcomes 

22 report on all activities supported, to be submitted 1 year 

23 after enactment and every 6 months thereafter until all 

24 funds have been expended; and (7) a report on best prac-
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1 tices to be submitted 18 months after enactment and every 

2 6 months thereafter until all funds have been expended. 

3 For an additional amount for the ‘‘Public Health and 

4 Social Services Emergency Fund’’ to prepare for and re5 spond to an influenza pandemic, $870,000,000, for activi6 ties including the development and purchase of vaccine, 

7 antivirals, necessary medical supplies, diagnostics, and 

8 other surveillance tools which shall be available until ex9 pended: Provided, That products purchased with these 

10 funds may, at the discretion of the Secretary, be deposited 

11 in the Strategic National Stockpile: Provided further, That 

12 notwithstanding section 496(b) of the Public Health Serv13 ice Act, funds may be used for the construction or renova14 tion of privately owned facilities for the production of pan15 demic influenza vaccines and other biologics, where the 

16 Secretary finds such a contract necessary to secure suffi17 cient supplies of such vaccines or biologics: Provided fur18 ther, That funds appropriated herein may be transferred 

19 to other appropriation accounts of the Department of 

20 Health and Human Services, as determined by the Sec21 retary to be appropriate, to be used for the purposes speci22 fied in this sentence. 
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1 DEPARTMENT OF EDUCATION 

2 EDUCATION FOR THE DISADVANTAGED

3 For an additional amount for carrying out title I of 

4 the Elementary and Secondary Education Act of 1965, 

5 $13,000,000,000, which shall be available through Sep6 tember 30, 2010: Provided, That $5,500,000,000 shall be 

7 for targeted grants under section 1125, $5,500,000,000 

8 shall be for education finance incentive grants under sec9 tion 1125A, and $2,000,000,000 shall be for school im10 provement grants under section 1003(g): Provided further, 

11 That each local educational agency receiving funds avail12 able under this paragraph for sections 1125 and 1125A 

13 shall use not less than 15 percent of such funds for activi14 ties serving children who are eligible pursuant to section 

15 1115(b)(1)(A)(ii) and programs in section 1112(b)(1)(K): 

16 Provided further, That each local educational agency re17 ceiving funds available under this paragraph shall be re18 quired to file with the State educational agency, no later 

19 than December 1, 2009, a school-by-school listing of per20 pupil educational expenditures from State and local 

21 sources during the 2008–2009 academic year. 

22 SCHOOL IMPROVEMENT PROGRAMS

23 For an additional amount for ‘‘School Improvement 

24 Programs,’’ $17,070,000,000, which shall be available 

25 through September 30, 2010, for carrying out activities 
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1 authorized by part D of title II of the Elementary and 

2 Secondary Education Act of 1965, subtitle B of title VII 

3 of the McKinney-Vento Homeless Assistance Act 

4 (‘‘McKinney-Vento’’), and section 804 of this Act: Pro5 vided, That the Secretary shall allot $70,000,000 for 

6 grants under McKinney-Vento to each State in proportion 

7 to the number of homeless students identified by the State 

8 during the 2007–2008 school year relative to the number 

9 of such children identified nationally during that school 

10 year: Provided further, That State educational agencies 

11 shall subgrant the McKinney-Vento funds to local edu12 cational agencies on a competitive basis or according to 

13 a formula based on the number of homeless students iden14 tified by the local educational agencies in the State: Pro15 vided further, That the Secretary shall distribute the 

16 McKinney-Vento funds to the States not later than 60 

17 days after the date of the enactment of this Act: Provided 

18 further, That each State shall subgrant the McKinney19 Vento funds to local educational agencies not later than 

20 120 days after receiving its grant from the Secretary. 

21 SPECIAL EDUCATION

22 For an additional amount for ‘‘Special Education’’ 

23 for carrying out parts B and C of the Individuals with 

24 Disabilities Education Act (‘‘IDEA’’), $13,500,000,000, 

25 which shall remain available through September 30, 2010: 
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1 Provided, That if every State, as defined by section 

2 602(31) of the IDEA, reaches its maximum allocation 

3 under section 611(d)(3)(B)(iii) of the IDEA, and there 

4 are remaining funds, such funds shall be proportionally 

5 allocated to each State subject to the maximum amounts 

6 contained in section 611(a)(2) of the IDEA: Provided fur7 ther, That by July 1, 2009, the Secretary of Education 

8 shall reserve the amount needed for grants under section 

9 643(e) of the IDEA, with any remaining funds to be allo10 cated in accordance with section 643(c) of the IDEA: Pro11 vided further, That the amount for section 611(b)(2) of 

12 the IDEA shall be equal to the lesser of the amount avail13 able for that activity during fiscal year 2008, increased 

14 by the amount of inflation as specified in section 

15 619(d)(2)(B), or the percentage increase in the funds ap16 propriated under section 611(i): Provided further, That 

17 each local educational agency receiving funds available 

18 under this paragraph for part B shall use not less than 

19 15 percent for special education and related services to 

20 children described in section 619(a) of the IDEA. 

21 REHABILITATION SERVICES AND DISABILITY RESEARCH

22 For an additional amount for ‘‘Rehabilitation Serv23 ices and Disability Research’’ for providing grants to 

24 States to carry out the Vocational Rehabilitation Services 

25 program under part B of title I and parts B and C of 
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1 chapter 1 and chapter 2 of title VII of the Rehabilitation 

2 Act of 1973, $610,000,000, which shall remain available 

3 through September 30, 2010: Provided, That 

4 $500,000,000 shall be available for part B of title I of 

5 the Rehabilitation Act: Provided further, That funds pro6 vided herein shall not be considered in determining the 

7 amount required to be appropriated under section 

8 100(b)(1) of the Rehabilitation Act of 1973 in any fiscal 

9 year: Provided further, That, notwithstanding section 

10 7(14)(A), the Federal share of the costs of vocational re11 habilitation services provided with the funds provided 

12 herein shall be 100 percent. 

13 STUDENT FINANCIAL ASSISTANCE

14 For an additional amount for ‘‘Student Financial As15 sistance’’ to carry out subpart 1 of part A of title IV of 

16 the Higher Education Act of 1965, $13,869,000,000: Pro17 vided, That such funds shall be used to increase the max18 imum Pell Grant by $281 for award year 2009–2010, to 

19 increase the maximum Pell Grant by $400 for the award 

20 year 2010–2011, and to reduce or eliminate the Pell Grant 

21 shortfall: Provided further, That these funds shall remain 

22 available through September 30, 2011. 

23 For an additional amount for ‘‘Student Financial As24 sistance’’ to carry out part E of title IV of the Higher 

25 Education Act of 1965, $61,000,000: Provided, That 
145 

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1 these funds shall remain available through September 30, 

2 2010. 

3 HIGHER EDUCATION

4 For an additional amount for ‘‘Higher Education’’ 

5 for carrying out activities under part A of title II of the 

6 Higher Education Act of 1965, $100,000,000: Provided, 

7 That these funds shall remain available through Sep8 tember 30, 2010. 

9 HIGHER EDUCATION FACILITIES

10 For carrying out activities authorized under section 

11 803 of this Act, $3,500,000,000: Provided, That these 

12 funds shall remain available through September 30, 2010. 

13 DEPARTMENTAL MANAGEMENT

14 OFFICE OF THE INSPECTOR GENERAL

15 For an additional amount for the ‘‘Office of the In16 spector General’’, $4,000,000, which shall remain avail17 able through September 30, 2012, for salaries and ex18 penses necessary for oversight and audit of programs, 

19 grants, and projects funded in this Act and administered 

20 by the Department of Education. 
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1 RELATED AGENCIES 

2 CORPORATION FOR NATIONAL AND 

3 COMMUNITY SERVICE 

4 OPERATING EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Operating Expenses’’ 

7 to carry out the Domestic Volunteer Service Act of 1973 

8 (‘‘1973 Act’’) and the National and Community Service 

9 Act of 1990 (‘‘1990 Act’’), $160,000,000, to remain avail10 able through September 30, 2010: Provided, That funds 

11 made available in this paragraph may be used to provide 

12 adjustments to awards under subtitle C of title I of the 

13 1990 Act made prior to September 30, 2010 for which 

14 the Chief Executive Officer of the Corporation for Na15 tional and Community Service (‘‘CEO’’) determines that 

16 a waiver of the Federal share limitation is warranted 

17 under section 2521.70 of title 45 of the Code of Federal 

18 Regulations: Provided further, That of the amount made 

19 available in this paragraph, not less than $6,000,000 shall 

20 be transferred to ‘‘Salaries and Expenses’’ for necessary 

21 expenses relating to information technology upgrades: 

22 Provided further, That of the amount provided in this 

23 paragraph, $10,000,000 shall be available for additional 

24 members in the Civilian Community Corps authorized 

25 under subtitle E of title I of the 1990 Act: Provided fur-
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1 ther, That of the amount provided in this paragraph, 

2 $1,000,000 shall be made available for a one-time supple3 ment grant to State commissions on national and commu4 nity service under section 126(a) of the 1990 Act without 

5 regard to the limitation on Federal share under section 

6 126(a)(2) of the 1990 Act: Provided further, That of the 

7 amount made available in this paragraph, not less than 

8 $13,000,000 shall be for research activities authorized 

9 under subtitle H of title I of the 1990 Act: Provided fur10 ther, That of the amount made available in this paragraph, 

11 not less than $65,000,000 shall be for programs under 

12 title I, part A of the 1973 Act: Provided further, That 

13 funds provided in the previous proviso shall not be made 

14 available in connection with cost-share agreements author15 ized under section 192A(g)(10) of the 1990 Act: Provided 

16 further, That of the funds available under this heading, 

17 up to 20 percent of funds allocated to grants authorized 

18 under section 124(b) of title I, subtitle C of the 1990 Act 

19 may be used to administer, reimburse, or support any na20 tional service program under section 129(d)(2) of the 

21 1990 Act: Provided further, That, except as provided here22 in and in addition to requirements identified herein, funds 

23 provided in this paragraph shall be subject to the terms 

24 and conditions under which funds were appropriated in 

25 fiscal year 2008: Provided further, That the CEO shall 
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1 provide the Committees on Appropriations of the House 

2 of Representatives and the Senate a fiscal year 2009 oper3 ating plan for the funds appropriated in this paragraph 

4 prior to making any Federal obligations of such funds in 

5 fiscal year 2009, but not later than 90 days after the date 

6 of enactment of this Act, and a fiscal year 2010 operating 

7 plan for such funds prior to making any Federal obliga8 tions of such funds in fiscal year 2010, but not later than 

9 November 1, 2009, that detail the allocation of resources 

10 and the increased number of members supported by the 

11 AmeriCorps programs: Provided further, That the CEO 

12 shall provide to the Committees on Appropriations of the 

13 House of Representatives and the Senate a report on the 

14 actual obligations, expenditures, and unobligated balances 

15 for each activity funded under this heading not later than 

16 November 1, 2009, and every 6 months thereafter as long 

17 as funding provided under this heading is available for ob18 ligation or expenditure. 

19 NATIONAL SERVICE TRUST

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘National Service 

22 Trust’’ established under subtitle D of title I of the Na23 tional and Community Service Act of 1990 (‘‘1990 Act’’), 

24 $40,000,000, which shall remain available until expended: 

25 Provided, That the Corporation for National and Commu-
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1 nity Service may transfer additional funds from the 

2 amount provided within ‘‘Operating Expenses’’ for grants 

3 made under subtitle C of title I of the 1990 Act to this 

4 appropriation upon determination that such transfer is 

5 necessary to support the activities of national service par6 ticipants and after notice is transmitted to the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate: Provided further, That the amount appropriated 

9 for or transferred to the National Service Trust may be 

10 invested under section 145(b) of the 1990 Act without re11 gard to the requirement to apportion funds under 31 

12 U.S.C. 1513(b). 

13 SOCIAL SECURITY ADMINISTRATION 

14 LIMITATION ON ADMINISTRATIVE EXPENSES

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Limitation on Admin17 istrative Expenses’’, $890,000,000 shall be available as 

18 follows: 

19 (1) $750,000,000 shall remain available until 

20 expended for necessary expenses of the replacement 

21 of the National Computer Center and the informa22 tion technology costs associated with such Center: 

23 Provided, That the Commissioner of Social Security 

24 shall notify the Committees on Appropriations of the 

25 House of Representatives and the Senate not later 
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1 than 10 days prior to each public notice soliciting 

2 bids related to site selection and construction: Pro3 vided further, That unobligated balances of funds 

4 not needed for this purpose may be used as de5 scribed in subparagraph (2); and 

6 (2) $140,000,000 shall be available through 

7 September 30, 2010 for information technology ac8 quisitions and research, which may include research 

9 and activities to facilitate the adoption of electronic 

10 medical records in disability claims and the transfer 

11 of funds to ‘‘Supplemental Security Income’’ to 

12 carry out activities under section 1110 of the Social 

13 Security Act: Provided further, That not later than 

14 10 days prior to the obligation of such funds, the 

15 Commissioner shall provide to the Committees on 

16 Appropriations of the House of Representatives and 

17 the Senate an operating plan describing the planned 

18 uses of such funds. 

19 OFFICE OF INSPECTOR GENERAL

20 For an additional amount for the ‘‘Office of Inspector 

21 General’’, $3,000,000, which shall remain available 

22 through September 30, 2012, for salaries and expenses 

23 necessary for oversight and audit of programs, projects, 

24 and activities funded in this Act and administered by the 

25 Social Security Administration. 
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1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 801. REPORT ON THE IMPACT OF PAST AND

3 FUTURE MINIMUM WAGE INCREASES. (a) IN GENERAL.— 

4 Section 8104 of the U.S. Troop Readiness, Veterans’ 

5 Care, Katrina Recovery, and Iraq Accountability Appro6 priations Act, 2007 (Public Law 110–28; 121 Stat. 189) 

7 is amended to read as follows: 

8 ‘‘SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE 

9 MINIMUM WAGE INCREASES. 

10 ‘‘(a) STUDY.—Beginning on the date that is 60 days 

11 after the date of enactment of this Act, and every year 

12 thereafter until the minimum wage in the respective terri13 tory is $7.25 per hour, the Government Accountability Of14 fice shall conduct a study to— 

15 ‘‘(1) assess the impact of the minimum wage 

16 increases that occurred in American Samoa and the 

17 Commonwealth of the Northern Mariana Islands in 

18 2007 and 2008, as required under Public Law 110– 

19 28, on the rates of employment and the living stand20 ards of workers, with full consideration of the other 

21 factors that impact rates of employment and the liv22 ing standards of workers such as inflation in the 

23 cost of food, energy, and other commodities; and 

24 ‘‘(2) estimate the impact of any further wage 

25 increases on rates of employment and the living 
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1 standards of workers in American Samoa and the 

2 Commonwealth of the Northern Mariana Islands, 

3 with full consideration of the other factors that may 

4 impact the rates of employment and the living 

5 standards of workers, including assessing how the 

6 profitability of major private sector firms may be 

7 impacted by wage increases in comparison to other 

8 factors such as energy costs and the value of tax 

9 benefits. 

10 ‘‘(b) REPORT.—No earlier than March 15, 2009, and 

11 not later than April 15, 2009, the Government Account12 ability Office shall transmit its first report to Congress 

13 concerning the findings of the study required under sub14 section (a). The Government Accountability Office shall 

15 transmit any subsequent reports to Congress concerning 

16 the findings of a study required by subsection (a) between 

17 March 15 and April 15 of each year. 

18 ‘‘(c) ECONOMIC INFORMATION.—To provide suffi19 cient economic data for the conduct of the study under 

20 subsection (a)— 

21 ‘‘(1) the Department of Labor shall include and 

22 separately report on American Samoa and the Com23 monwealth of the Northern Mariana Islands in its 

24 household surveys and establishment surveys; 
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1 ‘‘(2) the Bureau of Economic Analysis of the 

2 Department of Commerce shall include and sepa3 rately report on American Samoa and the Common4 wealth of the Northern Mariana Islands in its gross 

5 domestic product data; and 

6 ‘‘(3) the Bureau of the Census of the Depart7 ment of Commerce shall include and separately re8 port on American Samoa and the Commonwealth of 

9 the Northern Mariana Islands in its population esti10 mates and demographic profiles from the American 

11 Community Survey, 

12 with the same regularity and to the same extent as the 

13 Department or each Bureau collects and reports such data 

14 for the 50 States. In the event that the inclusion of Amer15 ican Samoa and the Commonwealth of the Northern Mar16 iana Islands in such surveys and data compilations re17 quires time to structure and implement, the Department 

18 of Labor, the Bureau of Economic Analysis, and the Bu19 reau of the Census (as the case may be) shall in the in20 terim annually report the best available data that can fea21 sibly be secured with respect to such territories. Such in22 terim reports shall describe the steps the Department or 

23 the respective Bureau will take to improve future data col24 lection in the territories to achieve comparability with the 

25 data collected in the United States. The Department of 
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1 Labor, the Bureau of Economic Analysis, and the Bureau 

2 of the Census, together with the Department of the Inte3 rior, shall coordinate their efforts to achieve such improve4 ments.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 this section shall take effect on the date of enactment of 

7 this Act. 

8 SEC. 802. FEDERAL COORDINATING COUNCIL FOR

9 COMPARATIVE CLINICAL EFFECTIVENESS RESEARCH. (a) 

10 ESTABLISHMENT.—There is hereby established a Federal 

11 Coordinating Council for Comparative Clinical Effective12 ness Research (in this section referred to as the ‘‘Coun13 cil’’). 

14 (b) PURPOSE; DUTIES.—The Council shall— 

15 (1) assist the offices and agencies of the Fed16 eral Government, including the Departments of 

17 Health and Human Services, Veterans Affairs, and 

18 Defense, and other Federal departments or agencies, 

19 to coordinate the conduct or support of comparative 

20 clinical effectiveness and related health services re21 search; and 

22 (2) advise the President and Congress on— 

23 (A) strategies with respect to the infra24 structure needs of comparative clinical effective25 ness research within the Federal Government; 
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1 (B) appropriate organizational expendi2 tures for comparative clinical effectiveness re3 search by relevant Federal departments and 

4 agencies; and 

5 (C) opportunities to assure optimum co6 ordination of comparative clinical effectiveness 

7 and related health services research conducted 

8 or supported by relevant Federal departments 

9 and agencies, with the goal of reducing duplica10 tive efforts and encouraging coordinated and 

11 complementary use of resources. 

12 (c) MEMBERSHIP.— 

13 (1) NUMBER AND APPOINTMENT.—The Council 

14 shall be composed of not more than 15 members, all 

15 of whom are senior Federal officers or employees 

16 with responsibility for health-related programs, ap17 pointed by the President, acting through the Sec18 retary of Health and Human Services (in this sec19 tion referred to as the ‘‘Secretary’’). Members shall 

20 first be appointed to the Council not later than 30 

21 days after the date of the enactment of this Act. 

22 (2) MEMBERS.— 

23 (A) IN GENERAL.—The members of the 

24 Council shall include one senior officer or em25 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 clinical ef5 fectiveness research and recommendations for addi6 tional investments in such research conducted or 

7 supported from funds made available for allotment 

8 by the Secretary for comparative clinical effective9 ness research in this 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 clinical effectiveness re16 search by relevant Federal departments and agen17 cies. 

18 (e) STAFFING; SUPPORT.—From funds made avail19 able for allotment by the Secretary for comparative clinical 

20 effectiveness research in this Act, the Secretary shall make 

21 available not more than 1 percent to the Council for staff 

22 and administrative support. 

23 SEC. 803. HIGHER EDUCATION MODERNIZATION, 

24 RENOVATION, AND REPAIR. (a) PURPOSE.—Grants 

25 awarded under this section shall be for the purpose of 
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1 modernizing, renovating, and repairing institution of high2 er education facilities that are primarily used for instruc3 tion and research. 

4 Funds may also be used for leasing, purchasing or 

5 upgrading equipment, designed to strengthen and support 

6 academic and technical skill achievement. 

7 (b) GRANTS TO STATE HIGHER EDUCATION AGEN8 CIES.— 

9 (1) FORMULA.—From the amounts appro10 priated to carry out this section, the Secretary of 

11 Education shall allocate funds to State higher edu12 cation agencies based on the number of students at13 tending institutions of higher education, with the 

14 State higher education agency in each State receiv15 ing an amount that is in proportion to the number 

16 of full-time equivalent undergraduate students at17 tending institutions of higher education in such 

18 State for the most recent fiscal year for which there 

19 are data available, relative to the total number of 

20 full-time equivalent undergraduate students attend21 ing institutions of higher education in all States for 

22 such fiscal year. 

23 (2) APPLICATION.—To be eligible to receive an 

24 allocation from the Secretary under paragraph (1), 

25 a State higher education agency shall submit an ap-
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1 plication to the Secretary at such time and in such 

2 manner as the Secretary may reasonably require. 

3 (3) REALLOCATION.—Amounts allocated to a 

4 State higher education agency under this section 

5 that are not obligated by such agency within 12 

6 months of the date the agency receives such 

7 amounts shall be returned to the Secretary, and the 

8 Secretary shall reallocate such amounts to State 

9 higher education agencies in other States on the 

10 same basis as the original allocations under para11 graph (1). 

12 (4) ADMINISTRATION AND OVERSIGHT EX13 PENSES.—From the amounts appropriated to carry 

14 out this section, not more than $3,000,000 shall be 

15 available to the Secretary for administrative and 

16 oversight expenses related to carrying out this sec17 tion. 

18 (c) USE OF GRANTS BY STATE HIGHER EDUCATION

19 AGENCIES.— 

20 (1) SUBGRANTS TO INSTITUTIONS OF HIGHER

21 EDUCATION.— 

22 (A) IN GENERAL.—Except as provided in 

23 paragraph (2), each State higher education 

24 agency receiving an allocation under subsection 

25 (b)(1) shall use the amount allocated to award 
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1 subgrants to institutions of higher education 

2 within the State to carry out projects in accord3 ance with subsection (d)(1). 

4 (B) SUBGRANT AWARD ALLOCATION.—A 

5 State higher education agency shall award sub6 grants to institutions of higher education under 

7 this section based on the demonstrated need of 

8 each institution for facility modernization, ren9 ovation, repair, and equipment. 

10 (C) COMMUNITY COLLEGES.—Notwith11 standing, subparagraph (B), the percentage of 

12 funds allocated to community colleges in each 

13 State shall be no less than the percentage of 

14 full-time equivalent students attending commu15 nity colleges relative to the total number of full16 time equivalent undergraduate students attend17 ing public institutions of higher education in 

18 the State. 

19 (D) PRIORITY CONSIDERATIONS.—In 

20 awarding subgrants under this section, each 

21 State higher education agency shall give pri22 ority consideration to institutions of higher edu23 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 

24 amount, or $500,000, whichever is less, for adminis-
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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 or purchase of equipment that are 

3 primarily for instruction or research. 

4 (2) PROHIBITED USES OF FUNDS.—No funds 

5 awarded under this section may be used for— 

6 (A) the maintenance of systems, equip7 ment, or facilities, including maintenance asso8 ciated with any permissible uses of funds de9 scribed in paragraph (1); 

10 (B) modernization, renovation, or repair of 

11 stadiums or other facilities primarily used for 

12 athletic contests or exhibitions or other events 

13 for which admission is charged to the general 

14 public; 

15 (C) modernization, renovation, or repair of 

16 facilities— 

17 (i) used for sectarian instruction, reli18 gious worship, or a school or department 

19 of divinity; or 

20 (ii) in which a substantial portion of 

21 the functions of the facilities are subsumed 

22 in a religious mission; or 

23 (D) construction of new facilities. 

24 (e) APPLICATION OF GEPA.—The grant program au25 thorized in this section is an applicable program (as that 
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1 term is defined in section 400 of the General Education 

2 Provisions Act (20 U.S.C. 1221)) subject to section 439 

3 of such Act (20 U.S.C. 1232b). The Secretary shall, not4 withstanding section 437 of such Act (20 U.S.C. 1232) 

5 and section 553 of title 5, United States Code, establish 

6 such program rules as may be necessary to implement 

7 such grant program by notice in the Federal Register. 

8 (f) REPORTING.— 

9 (1) REPORTS BY INSTITUTIONS.—Not later 

10 than September 30, 2011, each institution of higher 

11 education receiving a subgrant under this section 

12 shall submit to the State higher education agency 

13 awarding such subgrant a report describing the 

14 projects for which such subgrant was received, in15 cluding— 

16 (A) a description of each project carried 

17 out, or planned to be carried out, with such 

18 subgrant, including the types of modernization, 

19 renovation, and repair to be completed by each 

20 such project; 

21 (B) the total amount of funds received by 

22 the institution under this section and the 

23 amount of such funds expended, as of the date 

24 of the report, on the such projects; 
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1 (C) the actual or planned cost of each such 

2 project and any demonstrable or expected aca3 demic, energy, or environmental benefits result4 ing from such project; and 

5 (D) the total number of contracts, and 

6 amount of funding for such contracts, awarded 

7 by the institution to carry out such projects, as 

8 of the date of such report, including the num9 ber of contracts, and amount of funding for 

10 such contracts, awarded to local, small, minor11 ity-owned, women-owned, and veteran-owned 

12 businesses, as such terms are defined by the 

13 Small Business Act. 

14 (2) REPORTS BY STATES.—Not later than De15 cember 31, 2011, each State higher education agen16 cy receiving a grant under this section shall submit 

17 to the Secretary a report containing a compilation of 

18 all of the reports under paragraph (1) submitted to 

19 the agency by institutions of higher education. 

20 (3) REPORTS BY THE SECRETARY.—Not later 

21 than March 31, 2012, the Secretary shall submit to 

22 the Committee on Education and Labor in the 

23 House of Representatives and the Committee on 

24 Health, Education, Labor, and Pensions in the Sen25 ate and Committees on Appropriations of the House 
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1 of Representatives and the Senate a report on 

2 grants and subgrants made under this section, in3 cluding the information described in paragraph (1). 

4 (g) DEFINITIONS.—In this section: 

5 (1) INSTITUTION OF HIGHER EDUCATION.—The 

6 term ‘‘institution of higher education’’ has the 

7 meaning given such term in section 101 of the High8 er Education Act of 1965. 

9 (2) LEED GREEN BUILDING RATING SYS10 TEM.—The term ‘‘LEED Green Building Rating 

11 System’’ means the United States Green Building 

12 Council Leadership in Energy and Environmental 

13 Design green building rating standard referred to as 

14 the LEED Green Building Rating System. 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Education. 

17 (4) STATE.—The term ‘‘State’’ has the mean18 ing given such term in section 103 of the Higher 

19 Education Act of 1965 (20 U.S.C. 1003). 

20 (5) STATE HIGHER EDUCATION AGENCY.—The 

21 term ‘‘State higher education agency’’ has the mean22 ing given such term in section 103 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1003). 

24 (6) COMMUNITY COLLEGE.—The term ‘‘Com25 munity College’’ means a public non-profit institu-
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1 tion of higher education as defined in section 101(a) 

2 of the Higher Education Act, whose highest degree 

3 offered is predominantly the associate degree. 

4 SEC. 804. GRANTS FOR SCHOOL RENOVATION, RE5 PAIR, AND CONSTRUCTION. (a) ALLOCATION OF FUNDS.— 

6 (1) RESERVATIONS.— 

7 (A) OUTLYING AREAS AND BUREAU OF IN8 DIAN EDUCATION.—From the funds appro9 priated to carry out this section, the Secretary 

10 shall reserve 1 percent to provide assistance 

11 under this section to the outlying areas and for 

12 payments to the Secretary of the Interior to 

13 provide assistance consistent with this section 

14 to schools funded by the Bureau of Indian Edu15 cation. Funds reserved under this subparagraph 

16 shall be distributed by the Secretary among the 

17 outlying areas and the Secretary of the Interior 

18 on the basis of relative need, as determined by 

19 the Secretary, in accordance with the purposes 

20 of this section. 

21 (B) IMPACT AID SCHOOLS.— 

22 (i) IN GENERAL.—From the funds ap23 propriated to carry out this section, the 

24 Secretary shall reserve 2 percent to make 

25 payments and award grants to local edu-
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1 cational agencies under section 8007 of the 

2 Elementary and Secondary Education Act 

3 of 1965 (20 U.S.C. 7707). 

4 (ii) CONSTRUCTION PAYMENTS AU5 THORIZED.— 

6 (I) IN GENERAL.—From 40 per7 cent of the amount reserved under 

8 clause (i), the Secretary shall make 

9 payments in accordance with section 

10 8007(a) of the Elementary and Sec11 ondary Education Act of 1965 (20 

12 U.S.C. 7707(a)), except that the 

13 amount of such payments shall be de14 termined in accordance with subclause 

15 (II). 

16 (II) AMOUNT OF PAYMENTS.— 

17 The Secretary shall make a payment 

18 to each local educational agency eligi19 ble for a payment under section 

20 8007(a) of the Elementary and Sec21 ondary Education Act of 1965 (20 

22 U.S.C. 7707(a)) in an amount that 

23 bears the same relationship to the 

24 funds made available under subclause 

25 (I) as the number of children deter-
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1 mined under subparagraphs (B), (C), 

2 and (D)(i) of section 8003(a)(1) of 

3 the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 

5 7703(a)(1)(B), (C), and (D)(i)) who 

6 were in average daily attendance in 

7 the local educational agency for the 

8 most recent year for which such infor9 mation is available bears to the num10 ber of such children in all the local 

11 educational agencies eligible for a pay12 ment under section 8007(a) of the El13 ementary and Secondary Education 

14 Act of 1965 (20 U.S.C. 7707(a)). 

15 (iii) SCHOOL FACILITY EMERGENCY

16 AND MODERNIZATION GRANTS AUTHOR17 IZED.— 

18 (I) IN GENERAL.—From 60 per19 cent of the amount reserved under 

20 clause (i), the Secretary— 

21 (aa) shall award emergency 

22 grants in accordance with section 

23 8007(b) of the Elementary and 

24 Secondary Education Act of 

25 1965 (20 U.S.C. 7703(b)) to eli-
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1 gible local educational agencies to 

2 enable the agencies to carry out 

3 emergency repairs of school fa4 cilities; and 

5 (bb) may award moderniza6 tion grants in accordance with 

7 section 8007(b) of the Elemen8 tary and Secondary Education 

9 Act of 1965 (20 U.S.C. 7703(b)) 

10 to eligible local educational agen11 cies to enable the agencies to 

12 carry out the modernization of 

13 school facilities. 

14 (II) PROVISIONS NOT TO

15 APPLY.—Paragraphs (2), (3), (4), 

16 (5)(A)(i), and (5)(A)(vi) of section 

17 8007(b) of the Elementary and Sec18 ondary Education Act of 1965 (20 

19 U.S.C. 7703(b)(2), (3), (4), (5)(A)(i), 

20 and (5)(A)(vi)) shall not apply to 

21 grants made under this clause. 

22 (III) ELIGIBILITY.—A local edu23 cational agency is eligible to receive a 

24 grant under this clause if the local 

25 educational agency— 
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1 (aa) is eligible to receive a 

2 payment under section 8002 or 

3 8003 of the Elementary and Sec4 ondary Education Act of 1965 

5 (20 U.S.C. 7702 and 7703) for 

6 fiscal year 2008; and 

7 (bb) has— 

8 (AA) a total taxable as9 sessed value of real property 

10 that may be taxed for school 

11 purposes of less than 

12 $100,000,000; or 

13 (BB) an assessed value 

14 of real property per student 

15 that may be taxed for school 

16 purposes that is less than 

17 the average of the assessed 

18 value of real property per 

19 student that may be taxed 

20 for school purposes in the 

21 State in which the local edu22 cational agency is located. 

23 (IV) CRITERIA FOR GRANTS.—In 

24 awarding grants under this clause, the 
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1 Secretary shall consider the following 

2 criteria: 

3 (aa) Whether the facility 

4 poses a health or safety threat to 

5 students and school personnel, 

6 including noncompliance with 

7 building codes and inaccessibility 

8 for persons with disabilities, or 

9 whether the existing building ca10 pacity meets the needs of the 

11 current enrollment and supports 

12 the provision of comprehensive 

13 educational services to meet cur14 rent standards in the State in 

15 which the local educational agen16 cy is located. 

17 (bb) The extent to which the 

18 new design and proposed con19 struction utilize energy efficient 

20 and recyclable materials. 

21 (cc) The extent to which the 

22 new design and proposed con23 struction utilizes non-traditional 

24 or alternative building methods 

25 to expedite construction and 
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1 project completion and maximize 

2 cost efficiency. 

3 (dd) The feasibility of 

4 project completion within 24 

5 months from award. 

6 (ee) The availability of other 

7 resources for the proposed 

8 project. 

9 (C) ADMINISTRATION AND OVERSIGHT.— 

10 The Secretary may, in addition, reserve up to 

11 $5,000,000 of the amount appropriated to carry 

12 out this section for administration and over13 sight of this section. 

14 (2) ALLOCATION TO STATE EDUCATIONAL

15 AGENCIES.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), after making the reserva18 tions described in paragraph (1), from the re19 mainder of the appropriated funds described in 

20 paragraph (1), the Secretary shall allocate to 

21 each State educational agency serving a State 

22 an amount that bears the same relation to the 

23 remainder as the amount the State received 

24 under part A of title I of the Elementary and 

25 Secondary Education Act of 1965 (20 U.S.C. 
175 

S 336 PCS 

1 6311 et seq.) for fiscal year 2008 bears to the 

2 amount all States received under such part for 

3 fiscal year 2008. 

4 (B) MINIMUM AMOUNT.—No State edu5 cational agency shall receive less than 0.5 per6 cent of the amount allocated under this para7 graph. 

8 (3) SPECIAL RULE.—The Secretary shall make 

9 and distribute the reservations and allocations de10 scribed in paragraphs (1) and (2) not later than 60 

11 days after the date of enactment of this Act. 

12 (b) WITHIN-STATE ALLOTMENTS.— 

13 (1) ADMINISTRATIVE COSTS.— 

14 (A) STATE EDUCATIONAL AGENCY ADMIN15 ISTRATION.—Except as provided in subpara16 graph (C), each State educational agency may 

17 reserve not more than 1 percent of its allocation 

18 under subsection (a)(2) or $2,000,000, which19 ever is less, for the purpose of administering 

20 the distribution of grants under this subsection. 

21 (B) REQUIRED USES.—Each State edu22 cational agency shall use a portion of the re23 served funds under subparagraph (A) to estab24 lish or support a State-level database of public 
176 

S 336 PCS 

1 school facility inventory, condition, design, and 

2 utilization. 

3 (C) STATE ENTITY ADMINISTRATION.—If a 

4 State educational agency transfers funds to a 

5 State entity described in paragraph (3)(A)(ii), 

6 the State educational agency shall transfer to 

7 such entity 0.75 percent of the amount reserved 

8 under subparagraph (A) for the purpose of ad9 ministering the distribution of grants under this 

10 subsection. 

11 (2) ALLOTMENTS TO THE LOCAL EDUCATIONAL

12 AGENCIES WITH THE MOST POOR CHILDREN.— 

13 (A) IN GENERAL.— 

14 (i) ELIGIBLE LOCAL EDUCATIONAL

15 AGENCY.—In this subparagraph, the term 

16 ‘‘eligible local educational agency’’ means a 

17 local educational agency that is 1 of the 

18 100 local educational agencies in the 

19 United States that serve the most students 

20 who are poor children. 

21 (ii) ALLOTMENT.—Not later than 60 

22 days after the date a State educational 

23 agency receives an allocation from the Sec24 retary under this section, the State edu25 cational agency shall allot to each eligible 
177 

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1 local educational agency in the State an 

2 amount determined under clause (iii) to be 

3 used consistent with subsection (c) for 

4 school repair, renovation, and construction. 

5 (iii) DETERMINATION OF AMOUNT.— 

6 An allotment under this subparagraph to 

7 an eligible local educational agency shall be 

8 in an amount that bears the same relation 

9 to the amount allocated to the State under 

10 this section and not reserved under para11 graph (1), as the amount of funds under 

12 part A of title I of the Elementary and 

13 Secondary Education Act of 1965 (20 

14 U.S.C. 6311 et seq.) that the eligible local 

15 educational agency received from the State 

16 for the most recent fiscal year for which 

17 data is available bears to the total amount 

18 of such funds received by all local edu19 cational agencies in the State under such 

20 part for the most recent fiscal year for 

21 which data is available. 

22 (B) NO ELIGIBILITY FOR COMPETITIVE

23 GRANTS.—No local educational agency receiving 

24 funding under subparagraph (A) shall be eligi25 ble for funding under paragraph (3). 
178 

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1 (C) PRIORITY IN FUNDING GREEN

2 PROJECTS.—A local educational agency that re3 ceives funding under subparagraph (A) shall 

4 give priority to funding school repair, renova5 tion, or construction projects that are certified, 

6 verified, or consistent with any applicable provi7 sions of— 

8 (i) the LEED Green Building Rating 

9 System; 

10 (ii) Energy Star; 

11 (iii) the CHPS Criteria; 

12 (iv) Green Globes; or 

13 (v) an equivalent program adopted by 

14 the State or another jurisdiction with au15 thority over the local educational agency. 

16 (3) RESERVATION FOR COMPETITIVE SCHOOL

17 RENOVATION, REPAIR, AND CONSTRUCTION GRANTS

18 TO LOCAL EDUCATIONAL AGENCIES.— 

19 (A) IN GENERAL.—After making the res20 ervation described in paragraph (1), from the 

21 remainder of the funds allocated to a State edu22 cational agency under this section, the State 

23 educational agency shall— 

24 (i) award grants to local educational 

25 agencies to be used, consistent with sub-
179 

S 336 PCS 

1 section (c), for school renovation, repair, 

2 and construction; or 

3 (ii) if such State educational agency is 

4 not responsible for the financing of edu5 cation facilities, transfer such funds to the 

6 State entity responsible for the financing 

7 of education facilities (referred to in this 

8 section as the ‘‘State entity’’) to award 

9 grants to local educational agencies to be 

10 used as described in clause (i). 

11 (B) COMPETITIVE GRANTS TO LOCAL EDU12 CATIONAL AGENCIES.—The State educational 

13 agency or State entity shall carry out a pro14 gram awarding grants, on a competitive basis, 

15 to local educational agencies for the purpose de16 scribed in subparagraph (A). Of the total 

17 amount allocated to the State under this section 

18 and not reserved under paragraph (1), the 

19 State educational agency or State entity, shall 

20 carry out the following: 

21 (i) Award to high-need local edu22 cational agencies, in the aggregate, not less 

23 than an amount which bears the same re24 lationship to such total amount as the ag25 gregate amount such high-need local edu-
180 

S 336 PCS 

1 cational agencies received under part A of 

2 title I of the Elementary and Secondary 

3 Education Act of 1965 (20 U.S.C. 6311 et 

4 seq.) for fiscal year 2008 bears to the ag5 gregate amount received for such fiscal 

6 year under such part by all local edu7 cational agencies in the State, reduced by 

8 the total amount the State educational 

9 agency has allotted under paragraph (2). 

10 (ii) Award to rural local educational 

11 agencies, in the aggregate, not less than an 

12 amount which bears the same relationship 

13 to such total amount as the aggregate 

14 amount such rural local educational agen15 cies received under such part for fiscal 

16 year 2008 bears to the aggregate amount 

17 received for such fiscal year under such 

18 part by all local educational agencies in the 

19 State. 

20 (iii) Award the remaining funds to 

21 local educational agencies not receiving an 

22 award under clause (i) or (ii), including 

23 high-need local educational agencies and 

24 rural local educational agencies that did 

25 not receive such an award. 
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1 (C) CRITERIA FOR AWARDING COMPETI2 TIVE GRANTS.—In awarding competitive grants 

3 under this paragraph, a State educational agen4 cy or State entity shall take into account the 

5 following criteria: 

6 (i) PERCENTAGE OF POOR CHIL7 DREN.—The percentage of poor children in 

8 a local educational agency. 

9 (ii) NEED FOR SCHOOL RENOVATION, 

10 REPAIR, AND CONSTRUCTION.—The need 

11 of a local educational agency for school 

12 renovation, repair, and construction, as 

13 demonstrated by the condition of the pub14 lic school facilities of the local educational 

15 agency. 

16 (iii) GREEN SCHOOLS.—The extent to 

17 which the local educational agency will 

18 make use of green practices that are cer19 tified, verified, or consistent with any ap20 plicable provisions of— 

21 (I) the LEED Green Building 

22 Rating System; 

23 (II) Energy Star; 

24 (III) the CHPS Criteria; 

25 (IV) Green Globes; or 
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S 336 PCS 

1 (V) an equivalent program adopt2 ed by the State or another jurisdiction 

3 with authority over the local edu4 cational agency. 

5 (iv) CAPABILITY TO IMPLEMENT

6 PROJECTS EXPEDITIOUSLY.—The capa7 bility of the local educational agency to im8 plement school renovation, repair, or con9 struction projects expeditiously. 

10 (v) FISCAL CAPACITY.—The fiscal ca11 pacity of a local educational agency to 

12 meet the needs of the local educational 

13 agency for renovation, repair, and con14 struction of public school facilities without 

15 assistance under this section, including the 

16 ability of the local educational agency to 

17 raise funds through the use of local bond18 ing capacity and otherwise. 

19 (vi) LIKELIHOOD OF MAINTAINING

20 THE FACILITY.—The likelihood that the 

21 local educational agency will maintain, in 

22 good condition, any facility whose renova23 tion, repair, or construction is assisted 

24 under this section. 
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S 336 PCS 

1 (vii) CHARTER SCHOOL ACCESS TO

2 FUNDING.—In the case of a local edu3 cational agency that proposes to fund a 

4 renovation, repair, or construction project 

5 for a charter school, the extent to which 

6 the school has access to funding for the 

7 project through the financing methods 

8 available to other public schools or local 

9 educational agencies in the State. 

10 (D) POSSIBLE MATCHING REQUIRE11 MENT.— 

12 (i) IN GENERAL.—A State educational 

13 agency or State entity may require local 

14 educational agencies to match competitive 

15 grant funds awarded under this section. 

16 (ii) MATCH AMOUNT.—The amount of 

17 a match described in clause (i) may be es18 tablished by using a sliding scale that 

19 takes into account the relative poverty of 

20 the population served by the local edu21 cational agency. 

22 (c) RULES APPLICABLE TO SCHOOL RENOVATION, 

23 REPAIR, AND CONSTRUCTION.—With respect to funds 

24 made available under this section that are used for school 
184 

S 336 PCS 

1 renovation, repair, and construction, the following rules 

2 shall apply: 

3 (1) PERMISSIBLE USES OF FUNDS.—School 

4 renovation, repair, and construction shall be limited 

5 to 1 or more of the following: 

6 (A) Upgrade, repair, construct, or replace 

7 existing or planned public school building sys8 tems and components to improve the quality of 

9 education and ensure the health and safety of 

10 students and staff, including— 

11 (i) repairing, replacing, or con12 structing early learning facilities (including 

13 renovation of existing facilities to serve 

14 children under 5 years of age); 

15 (ii) repairing, replacing, or installing 

16 roofs, windows, doors, electrical wiring, 

17 plumbing systems, or sewage systems; 

18 (iii) repairing, replacing, or installing 

19 heating, ventilation, or air conditioning 

20 systems (including insulation); and 

21 (iv) bringing public schools into com22 pliance with fire and safety codes. 

23 (B) Modifications necessary to reduce the 

24 consumption of electricity, natural gas, oil, 

25 water, coal, or land. 
185 

S 336 PCS 

1 (C) Modifications necessary to make public 

2 school facilities accessible to comply with the 

3 Americans with Disabilities Act of 1990 (42 

4 U.S.C. 12101 et seq.) and section 504 of the 

5 Rehabilitation Act of 1973 (29 U.S.C. 794). 

6 (D) Improve environmental conditions of 

7 school sites, including asbestos abatement or re8 moval, and the reduction or elimination of 

9 human exposure to lead-based paint, mold, or 

10 mildew. 

11 (E) Upgrade or install educational tech12 nology infrastructure to ensure that students 

13 have access to up-to-date educational tech14 nology. 

15 (F) Broaden or improve the use of school 

16 buildings and grounds to the community to im17 prove educational outcomes. 

18 (2) IMPERMISSIBLE USES OF FUNDS.—No 

19 funds received under this section may be used for— 

20 (A) payment of maintenance costs in con21 nection with any projects constructed in whole 

22 or part with Federal funds provided under this 

23 section; 

24 (B) purchase or upgrade of vehicles; 
186 

S 336 PCS 

1 (C) stadiums or other facilities primarily 

2 used for athletic contests or exhibitions or other 

3 events for which admission is charged to the 

4 general public; 

5 (D) improvement or construction of stand6 alone facilities whose purpose is not the edu7 cation of children, including central office ad8 ministration or operations or logistical support 

9 facilities; or 

10 (E) purchase of information technology 

11 hardware, including computers, monitors, or 

12 printers. 

13 (3) SUPPLEMENT, NOT SUPPLANT.— 

14 (A) IN GENERAL.—Except as provided in 

15 subparagraph (B) and excluding the uses de16 scribed in paragraph (1)(C), a local educational 

17 agency shall use Federal funds received under 

18 this section only to supplement the amount of 

19 funds that would, in the absence of such Fed20 eral funds, be made available from non-Federal 

21 sources for school renovation, repair, and con22 struction. 

23 (B) EXCEPTION.—A local educational 

24 agency that is located in a State that is under 

25 a court order to finance school facilities shall 
187 

S 336 PCS 

1 not be subject to the requirement under sub2 paragraph (A). 

3 (d) QUALIFIED BIDDERS; COMPETITION.—Each local 

4 educational agency that receives funds under this section 

5 shall ensure that, if the local educational agency carries 

6 out renovation, repair, or construction through a contract, 

7 any such contract process ensures the maximum number 

8 of qualified bidders, including small, minority, and women9 owned businesses, through full and open competition. 

10 (e) REPORTING.— 

11 (1) LOCAL REPORTING.—Each local educational 

12 agency receiving funds made available under this 

13 section shall submit a report to the State edu14 cational agency, at such time as the State edu15 cational agency may require describing the use of 

16 such funds for school renovation, repair, and con17 struction, including the following: 

18 (A) Type and description of work com19 pleted. 

20 (B) The source of any non-federal funds 

21 used to complete the project. 

22 (C) Person hours needed at various wage 

23 levels to complete the project. 

24 (D) Anticipated energy or natural resource 

25 savings. 
188 

S 336 PCS 

1 (2) STATE REPORTING.—Each State edu2 cational agency receiving funds made available under 

3 this section shall submit to the Secretary, not later 

4 than December 31, 2010, a report on the use of 

5 funds received under subsection (a)(2) and made 

6 available to local educational agencies for school ren7 ovation, repair, and construction. 

8 (f) ADMINISTRATIVE COSTS.—Each local educational 

9 agency that receives funds under this section may reserve 

10 not more than 1 percent of the funds or $750,000, which11 ever amount is less, for the purpose of— 

12 (1) administering school renovation, repair, and 

13 construction projects; and 

14 (2) reporting under subsection (e). 

15 (g) REALLOCATION.—If a State educational agency 

16 does not apply for an allocation of funds under subsection 

17 (a)(2), or does not use its entire allocation, then the Sec18 retary may reallocate the amount of the State educational 

19 agency’s allocation (or the remainder thereof, as the case 

20 may be) to the remaining State educational agencies in 

21 accordance with subsection (a)(2). 

22 (h) APPLICATION OF GEPA.—The grant program 

23 under this section is an applicable program (as that term 

24 is defined in section 400 of the General Education Provi-
189 

S 336 PCS 

1 sions Act (20 U.S.C. 1221)) subject to section 439 of such 

2 Act (20 U.S.C. 1232b). 

3 (i) DEFINITIONS.—In this section: 

4 (1) IN GENERAL.—The terms ‘‘local educational 

5 agency’’, ‘‘Secretary’’, and ‘‘State educational agen6 cy’’ have the meanings given the terms in section 

7 9101 of the Elementary and Secondary Education 

8 Act of 1965 (20 U.S.C. 7801). 

9 (2) CHARTER SCHOOL.—The term ‘‘charter 

10 school’’ has the meaning given the term in section 

11 5210 of the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 7221i). 

13 (3) CHPS CRITERIA.—The term ‘‘CHPS Cri14 teria’’ means the green building rating program de15 veloped by the Collaborative for High Performance 

16 Schools. 

17 (4) ENERGY STAR.—The term ‘‘Energy Star’’ 

18 means the Energy Star program of the Department 

19 of Energy and the Environmental Protection Agen20 cy. 

21 (5) GREEN GLOBES.—The term ‘‘Green 

22 Globes’’ means the Green Building Initiative envi23 ronmental design and rating system. 

24 (6) HIGH-NEED LOCAL EDUCATIONAL AGEN25 CY.—The term ‘‘high-need local educational agency’’ 
190 

S 336 PCS 

1 has the meaning given the term in section 

2 2102(3)(A) of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 6602(3)(A)). 

4 (7) LEED GREEN BUILDING RATING SYSTEM.— 

5 The term ‘‘LEED Green Building Rating System’’ 

6 means the United States Green Building Council 

7 Leadership in Energy and Environmental Design 

8 green building rating standard. 

9 (8) OUTLYING AREA.—The term ‘‘outlying 

10 area’’ has the meaning given the term in section 

11 1121(c) of the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 6331(c)). 

13 (9) POOR CHILDREN.—The term ‘‘poor chil14 dren’’ refers to children 5 to 17 years of age, inclu15 sive, who are from families with incomes below the 

16 poverty line (as defined by the Office of Manage17 ment and Budget and revised annually in accordance 

18 with section 673(2) of the Community Services 

19 Block Grant Act (42 U.S.C. 9902(2)) applicable to 

20 a family of the size involved for the most recent fis21 cal year for which data satisfactory to the Secretary 

22 are available. 

23 (10) RURAL LOCAL EDUCATIONAL AGENCY.— 

24 The term ‘‘rural local educational agency’’ means a 

25 local educational agency that the State determines is 
191 

S 336 PCS 

1 located in a rural area using objective data and a 

2 commonly employed definition of the term ‘‘rural’’. 

3 (11) STATE.—The term ‘‘State’’ means each of 

4 the several States of the United States, the District 

5 of Columbia, and the Commonwealth of Puerto Rico. 

6 (TRANSFER OF FUNDS)

7 SEC. 805. (a) Not more than 1 percent of the funds 

8 made available to the Department of Labor in this title 

9 may be transferred by the Secretary of Labor to ‘‘Employ10 ment and Training Administration—Program Administra11 tion’’, ‘‘Employment Standards Administration—Salaries 

12 and Expenses’’, ‘‘Occupational Safety and Health Admin13 istration—Salaries and Expenses’’ and ‘‘Departmental 

14 Management—Salaries and Expenses’’ for expenses nec15 essary to administer and coordinate funds made available 

16 to the Department of Labor in this title; oversee and 

17 evaluate the use of such funds; and enforce applicable laws 

18 and regulations governing worker rights and protections 

19 associated with the funds made available in this Act. 

20 (b) Not later than 10 days prior to obligating any 

21 funds proposed to be transferred under subsection (a), the 

22 Secretary shall provide to the Committees on Appropria23 tions of the House of Representatives and the Senate an 

24 operating plan describing the planned uses of each amount 

25 proposed to be transferred. 
192 

S 336 PCS 

1 (c) Funds transferred under this section may be 

2 available for obligation through September 30, 2010. 

3 SEC. 806. ELIGIBLE EMPLOYEES IN THE REC4 REATIONAL MARINE INDUSTRY. Section 2(3)(F) of the 

5 Longshore and Harbor Workers’ Compensation Act (33 

6 U.S.C. 902(3)(F)) is amended— 

7 (1) by striking ‘‘, repair or dismantle’’; and 

8 (2) by striking the semicolon and inserting ‘‘, or 

9 individuals employed to repair any recreational ves10 sel, or to dismantle any part of a recreational vessel 

11 in connection with the repair of such vessel;’’. 

12 TITLE IX—LEGISLATIVE BRANCH 

13 GOVERNMENT ACCOUNTABLIITY OFFICE 

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’ of the Government Accountability Office, 

17 $20,000,000, to remain available until September 30, 

18 2010. 

19 GENERAL PROVISIONS—THIS TITLE 

20 SEC. 901. GOVERNMENT ACCOUNTABILITY OFFICE

21 REVIEWS AND REPORTS. (a) REVIEWS AND REPORTS.— 

22 (1) IN GENERAL.—The Comptroller General 

23 shall conduct bimonthly reviews and prepare reports 

24 on such reviews on the use by selected State and lo25 calities of funds made available in this Act. Such re-
193 

S 336 PCS 

1 ports, along with any audits conducted by the Comp2 troller General of such funds, shall be posted on the 

3 Internet and linked to the website established under 

4 this Act by the Recovery Accountability and Trans5 parency Board. 

6 (2) REDACTIONS.—Any portion of a report or 

7 audit under this subsection may be redacted when 

8 made publicly available, if that portion would dis9 close information that is not subject to disclosure 

10 under section 552 of title 5, United States Code 

11 (commonly known as the Freedom of Information 

12 Act). 

13 (b) EXAMINATION OF RECORDS.—The Comptroller 

14 General may examine any records related to obligations 

15 of funds made available in this Act. 

16 SEC. 902. ACCESS OF GOVERNMENT ACCOUNT17 ABILITY OFFICE. Each contract awarded using funds 

18 made available in this Act shall provide that the Comp19 troller General and his representatives are authorized— 

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

21 any of its subcontractors, or any State or local agen22 cy administering such contract, that directly pertain 

23 to, and involve transactions relating to, the contract 

24 or subcontract; and 
194 

S 336 PCS 

1 (2) to interview any current employee regarding 

2 such transactions. 

3 TITLE X—MILITARY CONSTRUCTION AND 

4 VETERANS AFFAIRS, AND RELATED AGENCIES 

5 DEPARTMENT OF DEFENSE 

6 MILITARY CONSTRUCTION, ARMY

7 For an additional amount for ‘‘Military Construction, 

8 Army’’, $637,875,000, to remain available until Sep9 tember 30, 2013, of which $84,100,000 shall be for child 

10 development centers; $481,000,000 shall be for warrior 

11 transition complexes; and $42,400,000 shall be for health 

12 and dental clinics (including acquisition, construction, in13 stallation, and equipment): Provided, That notwith14 standing any other provision of law, such funds may be 

15 obligated and expended to carry out planning and design 

16 and military construction projects in the United States not 

17 otherwise authorized by law: Provided further, That of the 

18 funds provided under this heading, not to exceed 

19 $30,375,000 shall be available for study, planning, design, 

20 and architect and engineer services: Provided further, That 

21 within 30 days of enactment of this Act the Secretary of 

22 the Army shall submit to the Committees on Appropria23 tions of both Houses of Congress an expenditure plan for 

24 funds provided under this heading prior to obligation. 
195 

S 336 PCS 

1 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

2 For an additional amount for ‘‘Military Construction, 

3 Navy and Marine Corps’’, $990,092,000, to remain avail4 able until September 30, 2013, of which $172,820,000 

5 shall be for child development centers; $174,304,000 shall 

6 be for barracks; $125,000,000 shall be for health clinic 

7 replacement, and $494,362,000 shall be for energy con8 servation and alternative energy projects (including acqui9 sition, construction, installation, and equipment): Pro10 vided, That notwithstanding any other provision of law, 

11 such funds may be obligated and expended to carry out 

12 planning and design and military construction projects in 

13 the United States not otherwise authorized by law: Pro14 vided further, That of the funds provided under this head15 ing, not to exceed $23,606,000 shall be available for study, 

16 planning, design, and architect and engineer services: Pro17 vided further, That within 30 days of enactment of this 

18 Act the Secretary of the Navy shall submit to the Commit19 tees on Appropriations of both Houses of Congress an ex20 penditure plan for funds provided under this heading prior 

21 to obligation. 

22 MILITARY CONSTRUCTION, AIR FORCE

23 For an additional amount for ‘‘Military Construction, 

24 Air Force’’, $871,332,000, to remain available until Sep25 tember 30, 2013, of which $80,100,000 shall be for child 
196 

S 336 PCS 

1 development centers; $612,246,000 shall be for dor2 mitories; and $138,100,000 shall be for health clinics (in3 cluding acquisition, construction, installation, and equip4 ment): Provided, That notwithstanding any other provi5 sion of law, such funds may be obligated and expended 

6 to carry out planning and design and military construction 

7 projects in the United States not otherwise authorized by 

8 law: Provided further, That of the funds provided under 

9 this heading, not to exceed $40,886,000 shall be available 

10 for study, planning, design, and architect and engineer 

11 services: Provided further, That within 30 days of enact12 ment of this Act the Secretary of the Air Force shall sub13 mit to the Committees on Appropriations of both Houses 

14 of Congress an expenditure plan for funds provided under 

15 this heading prior to obligation. 

16 MILITARY CONSTRUCTION, DEFENSE-WIDE

17 For an additional amount for ‘‘Military Construction, 

18 Defense-Wide’’, $118,560,000 for the Energy Conserva19 tion Investment Program, to remain available until Sep20 tember 30, 2010: Provided, That notwithstanding any 

21 other provision of law, such funds may be obligated and 

22 expended to carry out planning and design and military 

23 construction projects in the United States not otherwise 

24 authorized by law: Provided further, That within 30 days 

25 of enactment of this Act the Secretary of Defense shall 
197 

S 336 PCS 

1 submit to the Committees on Appropriations of both 

2 Houses of Congress an expenditure plan for funds pro3 vided under this heading prior to obligation. 

4 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

5 For an additional amount for ‘‘Military Construction, 

6 Army National Guard’’, $150,000,000 for readiness cen7 ters (including construction, acquisition, expansion, reha8 bilitation, and conversion), to remain available until Sep9 tember 30, 2013: Provided, That notwithstanding any 

10 other provision of law, such funds may be obligated and 

11 expended to carry out planning and design and military 

12 construction projects in the United States not otherwise 

13 authorized by law: Provided further, That within 30 days 

14 of enactment of this Act the Director of the Army Na15 tional Guard shall submit to the Committees on Appro16 priations of both Houses of Congress an expenditure plan 

17 for funds provided under this heading prior to obligation. 

18 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

19 For an additional amount for ‘‘Military Construction, 

20 Air National Guard’’, $110,000,000, to remain available 

21 until September 30, 2013: Provided, That notwithstanding 

22 any other provision of law, such funds may be obligated 

23 and expended to carry out planning and design and mili24 tary construction projects in the United States not other25 wise authorized by law: Provided further, That within 30 
198 

S 336 PCS 

1 days of enactment of this Act the Director of the Air Na2 tional Guard shall submit to the Committees on Appro3 priations of both Houses of Congress an expenditure plan 

4 for funds provided under this heading prior to obligation. 

5 FAMILY HOUSING CONSTRUCTION, ARMY

6 For an additional amount for ‘‘Family Housing Con7 struction, Army’’, $34,570,000, to remain available until 

8 September 30, 2013: Provided, That notwithstanding any 

9 other provision of law, such funds may be obligated and 

10 expended to carry out planning and design and military 

11 construction projects in the United States not otherwise 

12 authorized by law: Provided further, That within 30 days 

13 of enactment of this Act the Secretary of the Army shall 

14 submit to the Committees on Appropriations of both 

15 Houses of Congress an expenditure plan for funds pro16 vided under this heading prior to obligation. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, 

18 ARMY

19 For an additional amount for ‘‘Family Housing Oper20 ation and Maintenance, Army’’, $3,932,000: Provided, 

21 That notwithstanding any other provision of law, such 

22 funds may be obligated and expended for operation and 

23 maintenance and minor construction projects in the 

24 United States not otherwise authorized by law. 
199 

S 336 PCS 

1 FAMILY HOUSING CONSTRUCTION, AIR FORCE

2 For an additional amount for ‘‘Family Housing Con3 struction, Air Force’’, $80,100,000, to remain available 

4 until September 30, 2013: Provided, That notwithstanding 

5 any other provision of law, such funds may be obligated 

6 and expended to carry out planning and design and mili7 tary construction projects in the United States not other8 wise authorized by law: Provided further, That within 30 

9 days of enactment of this Act the Secretary of the Air 

10 Force shall submit to the Committees on Appropriations 

11 of both Houses of Congress an expenditure plan for funds 

12 provided under this heading prior to obligation. 

13 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

14 FORCE

15 For an additional amount for ‘‘Family Housing Oper16 ation and Maintenance, Air Force’’, $16,461,000: Pro17 vided, That notwithstanding any other provision of law, 

18 such funds may be obligated and expended for operation 

19 and maintenance and minor construction projects in the 

20 United States not otherwise authorized by law. 

21 HOMEOWNERS ASSISTANCE FUND

22 For an additional amount for ‘‘Homeowners Assist23 ance Fund’’, established by section 1013 of the Dem24 onstration Cities and Metropolitan Development Act of 
200 

S 336 PCS 

1 1966, as amended (42 U.S.C. 3374), $410,973,000, to re2 main available until expended. 

3 ADMINISTRATIVE PROVISION

4 SEC. 1001. (a) TEMPORARY EXPANSION OF HOME5 OWNERS ASSISTANCE PLAN TO RESPOND TO MORTGAGE

6 FORECLOSURE AND CREDIT CRISIS.—Section 1013 of the 

7 Demonstration Cities and Metropolitan Development Act 

8 of 1966 (42 U.S.C. 3374) is amended— 

9 (1) in subsection (a)— 

10 (A) by redesignating paragraphs (1), (2), 

11 and (3) as clauses (i), (ii), and (iii), respec12 tively, and indenting such subparagraphs, as so 

13 redesignated, 6 ems from the left margin; 

14 (B) by striking ‘‘Notwithstanding any 

15 other provision of law’’ and inserting the fol16 lowing: 

17 ‘‘(1) ACQUISITION OF PROPERTY AT OR NEAR

18 MILITARY INSTALLATIONS THAT HAVE BEEN OR19 DERED TO BE CLOSED.—Notwithstanding any other 

20 provision of law’’; 

21 (C) by striking ‘‘if he determines’’ and in22 serting ‘‘if— 

23 ‘‘(A) the Secretary determines—’’; 
201 

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1 (D) in clause (iii), as redesignated by sub2 paragraph (A), by striking the period at the 

3 end and inserting ‘‘; or’’; and 

4 (E) by adding at the end the following: 

5 ‘‘(B) the Secretary determines— 

6 ‘‘(i) that the conditions in clauses (i) 

7 and (ii) of subparagraph (A) have been 

8 met; 

9 ‘‘(ii) that the closing or realignment 

10 of the base or installation resulted from a 

11 realignment or closure carried out under 

12 the 2005 round of defense base closure 

13 and realignment under the Defense Base 

14 Closure and Realignment Act of 1990 

15 (part XXIX of Public Law 101–510; 10 

16 U.S.C. 2687 note); 

17 ‘‘(iii) that the property was purchased 

18 by the owner before July 1, 2006; 

19 ‘‘(iv) that the property was sold by 

20 the owner between July 1, 2006, and Sep21 tember 30, 2012, or an earlier end date 

22 designated by the Secretary; 

23 ‘‘(v) that the property is the primary 

24 residence of the owner; and 
202 

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1 ‘‘(vi) that the owner has not pre2 viously received benefit payments author3 ized under this subsection. 

4 ‘‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED

5 MEMBERS OF THE ARMED FORCES, DEPARTMENT OF

6 DEFENSE AND UNITED STATES COAST GUARD CIVIL7 IAN EMPLOYEES, AND THEIR SPOUSES.—Notwith8 standing any other provision of law, the Secretary of 

9 Defense is authorized to acquire title to, hold, man10 age, and dispose of, or, in lieu thereof, to reimburse 

11 for certain losses upon private sale of, or foreclosure 

12 against, any property improved with a one- or two13 family dwelling which was at the time of the relevant 

14 wound, injury, or illness, the primary residence of— 

15 ‘‘(A) any member of the Armed Forces in 

16 medical transition who— 

17 ‘‘(i) incurred a wound, injury, or ill18 ness in the line of duty during a deploy19 ment in support of the Armed Forces; 

20 ‘‘(ii) is disabled to a degree of 30 per21 cent or more as a result of such wound, in22 jury, or illness, as determined by the Sec23 retary of Defense or the Secretary of Vet24 erans Affairs; and 
203 

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1 ‘‘(iii) is reassigned in furtherance of 

2 medical treatment or rehabilitation, or due 

3 to medical retirement in connection with 

4 such disability; 

5 ‘‘(B) any civilian employee of the Depart6 ment of Defense or the United States Coast 

7 Guard who— 

8 ‘‘(i) was wounded, injured, or became 

9 ill in the line of duty during a forward de10 ployment in support of the Armed Forces; 

11 and 

12 ‘‘(ii) is reassigned in furtherance of 

13 medical treatment, rehabilitation, or due to 

14 medical retirement resulting from the sus15 tained disability; or 

16 ‘‘(C) the spouse of a member of the Armed 

17 Forces or a civilian employee of the Department 

18 of Defense or the United States Coast Guard 

19 if— 

20 ‘‘(i) the member or employee was 

21 killed in the line of duty during a deploy22 ment in support of the Armed Forces or 

23 died from a wound, injury, or illness in24 curred in the line of duty during such a 

25 deployment; and 
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1 ‘‘(ii) the spouse relocates from such 

2 residence within 2 years after the death of 

3 such member or employee. 

4 ‘‘(3) TEMPORARY HOMEOWNER ASSISTANCE

5 FOR MEMBERS OF THE ARMED FORCES PERMA6 NENTLY REASSIGNED DURING SPECIFIED MORTGAGE

7 CRISIS.—Notwithstanding any other provision of 

8 law, the Secretary of Defense is authorized to ac9 quire title to, hold, manage, and dispose of, or, in 

10 lieu thereof, to reimburse for certain losses upon pri11 vate sale of, or foreclosure against, any property im12 proved with a one- or two-family dwelling situated at 

13 or near a military base or installation, if the Sec14 retary determines— 

15 ‘‘(A) that the owner is a member of the 

16 Armed Forces serving on permanent assign17 ment; 

18 ‘‘(B) that the owner is permanently reas19 signed by order of the United States Govern20 ment to a duty station or home port outside a 

21 50-mile radius of the base or installation; 

22 ‘‘(C) that the reassignment was ordered 

23 between February 1, 2006, and September 30, 

24 2012, or an earlier end date designated by the 

25 Secretary; 
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1 ‘‘(D) that the property was purchased by 

2 the owner before July 1, 2006; 

3 ‘‘(E) that the property was sold by the 

4 owner between July 1, 2006, and September 

5 30, 2012, or an earlier end date designated by 

6 the Secretary; 

7 ‘‘(F) that the property is the primary resi8 dence of the owner; and 

9 ‘‘(G) that the owner has not previously re10 ceived benefit payments authorized under this 

11 subsection.’’; 

12 (2) in subsection (b), by striking ‘‘this section’’ 

13 each place it appears and inserting ‘‘subsection 

14 (a)(1)’’; 

15 (3) in subsection (c)— 

16 (A) by striking ‘‘Such persons’’ and insert17 ing the following: 

18 ‘‘(1) HOMEOWNER ASSISTANCE RELATED TO

19 CLOSED MILITARY INSTALLATIONS.— 

20 ‘‘(A) IN GENERAL.—Such persons’’; 

21 (B) by striking ‘‘set forth above shall elect 

22 either (1) to receive’’ and inserting the fol23 lowing: ‘‘set forth in subsection (a)(1) shall 

24 elect either— 

25 ‘‘(i) to receive’’; 
206 

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1 (C) by striking ‘‘difference between (A) 95 

2 per centum’’ and all that follows through ‘‘(B) 

3 the fair market value’’ and inserting the fol4 lowing: ‘‘difference between— 

5 ‘‘(I) 95 per centum of the fair 

6 market value of their property (as 

7 such value is determined by the Sec8 retary of Defense) prior to public an9 nouncement of intention to close all or 

10 part of the military base or installa11 tion; and 

12 ‘‘(II) the fair market value’’; 

13 (D) by striking ‘‘time of the sale, or (2) to 

14 receive’’ and inserting the following: ‘‘time of 

15 the sale; or 

16 ‘‘(ii) to receive’’; 

17 (E) by striking ‘‘outstanding mortgages. 

18 The Secretary may also pay a person who elects 

19 to receive a cash payment under clause (1) of 

20 the preceding sentence an amount’’ and insert21 ing ‘‘outstanding mortgages. 

22 ‘‘(B) REIMBURSEMENT OF EXPENSES.— 

23 The Secretary may also pay a person who elects 

24 to receive a cash payment under subparagraph 

25 (A) an amount’’; and 
207 

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1 (F) by striking ‘‘best interest of the Fed2 eral Government. Cash payment’’ and inserting 

3 the following: ‘‘best interest of the United 

4 States. 

5 ‘‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED

6 INDIVIDUALS AND THEIR SPOUSES.— 

7 ‘‘(A) IN GENERAL.—Persons eligible under 

8 the criteria set forth in subsection (a)(2) may 

9 elect either— 

10 ‘‘(i) to receive a cash payment as com11 pensation for losses which may be or have 

12 been sustained in a private sale, in an 

13 amount not to exceed the difference be14 tween— 

15 ‘‘(I) 95 per centum of prior fair 

16 market value of their property (as 

17 such value is determined by the Sec18 retary of Defense); and 

19 ‘‘(II) the fair market value of 

20 such property (as such value is so de21 termined) at the time of the wound, 

22 injury, or illness qualifying the indi23 vidual for benefits under subsection 

24 (a)(2); or 
208 

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1 ‘‘(ii) to receive, as purchase price for 

2 their property an amount not to exceed 90 

3 per centum of prior fair market value as 

4 such value is determined by the Secretary 

5 of Defense, or the amount of the out6 standing mortgages. 

7 ‘‘(B) DETERMINATION OF BENEFITS.— 

8 The Secretary may also pay a person who elects 

9 to receive a cash payment under subparagraph 

10 (A) an amount that the Secretary determines 

11 appropriate to reimburse the person for the 

12 costs incurred by the person in the sale of the 

13 property if the Secretary determines that such 

14 payment will benefit the person and is in the 

15 best interest of the United States. 

16 ‘‘(3) HOMEOWNER ASSISTANCE FOR PERMA17 NENTLY REASSIGNED INDIVIDUALS.— 

18 ‘‘(A) IN GENERAL.—Persons eligible under 

19 the criteria set forth in subsection (a)(3) may 

20 elect either— 

21 ‘‘(i) to receive a cash payment as com22 pensation for losses which may be or have 

23 been sustained in a private sale, in an 

24 amount not to exceed the difference be25 tween— 
209 

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1 ‘‘(I) 95 per centum of prior fair 

2 market value of their property (as 

3 such value is determined by the Sec4 retary of Defense); and 

5 ‘‘(II) the fair market value of 

6 such property (as such value is so de7 termined) at the time the person re8 ceived change of permanent station 

9 orders; or 

10 ‘‘(ii) to receive, as purchase price for 

11 their property an amount not to exceed 90 

12 per centum of prior fair market value as 

13 such value is determined by the Secretary 

14 of Defense, or the amount of the out15 standing mortgages. 

16 ‘‘(B) DETERMINATION OF BENEFITS.— 

17 The Secretary may also pay a person who elects 

18 to receive a cash payment under subparagraph 

19 (A) an amount that the Secretary determines 

20 appropriate to reimburse the person for the 

21 costs incurred by the person in the sale of the 

22 property if the Secretary determines that such 

23 payment will benefit the person and is in the 

24 best interest of the United States. 
210 

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1 ‘‘(4) COMPENSATION AND LIMITATIONS RE2 LATED TO FORECLOSURES AND ENCUMBRANCES.— 

3 Cash payment’’; 

4 (4) by striking subsection (g); 

5 (5) in subsection (l), by striking ‘‘(a)(2)’’ and 

6 inserting ‘‘(a)(1)(A)(ii)’’; 

7 (6) in subsection (m), by striking ‘‘this section’’ 

8 and inserting ‘‘subsection (a)(1)’’; 

9 (7) in subsection (n)— 

10 (A) in paragraph (1), by striking ‘‘this sec11 tion’’ and inserting ‘‘subsection (a)(1)’’; and 

12 (B) in paragraph (2), by striking ‘‘this sec13 tion’’ and inserting ‘‘subsection (a)(1)’’; 

14 (8) in subsection (o)— 

15 (A) in paragraph (1), by striking ‘‘this sec16 tion’’ and inserting ‘‘subsection (a)(1)’’; 

17 (B) in paragraph (2), by striking ‘‘this sec18 tion’’ and inserting ‘‘subsection (a)(1)’’; and 

19 (C) by striking paragraph (4); and 

20 (9) by adding at the end the following new sub21 section: 

22 ‘‘(p) DEFINITIONS.—In this section: 

23 ‘‘(1) the term ‘Armed Forces’ has the meaning 

24 given the term ‘armed forces’ in section 101(a) of 

25 title 10, United States Code; 
211 

S 336 PCS 

1 ‘‘(2) the term ‘civilian employee’ has the mean2 ing given the term ‘employee’ in section 2105(a) of 

3 title 5, United States Code; 

4 ‘‘(3) the term ‘medical transition’, in the case 

5 of a member of the Armed Forces, means a member 

6 who— 

7 ‘‘(A) is in Medical Holdover status; 

8 ‘‘(B) is in Active Duty Medical Extension 

9 status; 

10 ‘‘(C) is in Medical Hold status; 

11 ‘‘(D) is in a status pending an evaluation 

12 by a medical evaluation board; 

13 ‘‘(E) has a complex medical need requiring 

14 six or more months of medical treatment; or 

15 ‘‘(F) is assigned or attached to an Army 

16 Warrior Transition Unit, an Air Force Patient 

17 Squadron, a Navy Patient Multidisciplinary 

18 Care Team, or a Marine Patient Affairs Team/ 

19 Wounded Warrior Regiment; and 

20 ‘‘(4) the term ‘nonappropriated fund instrumen21 tality employee’ means a civilian employee who— 

22 ‘‘(A) is a citizen of the United States; and 

23 ‘‘(B) is paid from nonappropriated funds 

24 of Army and Air Force Exchange Service, Navy 

25 Resale and Services Support Office, Marine 
212 

S 336 PCS 

1 Corps exchanges, or any other instrumentality 

2 of the United States under the jurisdiction of 

3 the Armed Forces which is conducted for the 

4 comfort, pleasure, contentment, or physical or 

5 mental improvement of members of the Armed 

6 Forces.’’. 

7 (b) CLERICAL AMENDMENT.—Such section is further 

8 amended in the section heading by inserting ‘‘and certain 

9 property owned by members of the armed forces, depart10 ment of defense and united states coast guard civilian em11 ployees, and surviving spouses’’ after ‘‘ordered to be 

12 closed’’. 

13 (c) AUTHORITY TO USE APPROPRIATED FUNDS.— 

14 Notwithstanding subsection (i) of such section, amounts 

15 appropriated or otherwise made available by this title 

16 under the heading ‘‘Homeowners Assistance Fund’’ may 

17 be used for the Homeowners Assistance Fund established 

18 under such section. 

19 DEPARTMENT OF VETERANS AFFAIRS 

20 VETERANS HEALTH ADMINISTRATION

21 MEDICAL SUPPORT AND COMPLIANCE

22 For an additional amount for ‘‘Medical Support and 

23 Compliance’’, $5,000,000, to remain available until Sep24 tember 30, 2010, to support contract administration and 
213 

S 336 PCS 

1 energy initiative execution at the Veterans Health Admin2 istration. 

3 MEDICAL FACILITIES

4 For an additional amount for ‘‘Medical Facilities’’, 

5 $1,370,459,000, to remain available until September 30, 

6 2010, of which $1,047,313,000 shall be for facility condi7 tion assessment deficiencies and non-recurring mainte8 nance at existing medical facilities; and $323,146,000 

9 shall be for energy efficiency initiatives. 

10 NATIONAL CEMETERY ADMINISTRATION

11 For an additional amount for ‘‘National Cemetery 

12 Administration’’, $64,961,000, to remain available until 

13 September 30, 2010, of which $59,476,000 shall be for 

14 capital infrastructure and memorial and monument re15 pairs; and $5,485,000 shall be for energy efficiency initia16 tives. 

17 DEPARTMENTAL ADMINISTRATION

18 GENERAL OPERATING EXPENSES

19 For an additional amount for ‘‘General Operating 

20 Expenses’’, $1,125,000, to remain available until Sep21 tember 30, 2010, for additional Full Time Equivalent sal22 ary and expenses for major construction project adminis23 tration and execution and energy initiative execution. 

24 INFORMATION TECHNOLOGY SYSTEMS

25 For an additional amount for ‘‘Information Tech26 nology Systems’’, $195,000,000, to remain available until 
214 

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1 September 30, 2010, of which $145,000,000 shall be for 

2 the Veterans Benefits Administration’s development of 

3 paperless claims processing; and $50,000,000 shall be for 

4 the development of systems required to implement chapter 

5 33 of title 38, United States Code. 

6 OFFICE OF INSPECTOR GENERAL

7 For an additional amount for ‘‘Office of Inspector 

8 General’’, $4,400,000, to remain available until September 

9 30, 2010, for oversight and audit of programs, grants and 

10 projects funded under this title. 

11 CONSTRUCTION, MAJOR PROJECTS

12 For an additional amount for ‘‘Construction, Major 

13 Projects’’, $1,105,333,000, to remain available until Sep14 tember 30, 2013, which shall be for acceleration and con15 struction of ongoing and planned construction, including 

16 physical security construction, of major medical facilities 

17 and National Cemeteries consistent with the Department 

18 of Veterans Affairs’ Five Year Capital Plan: Provided, 

19 That notwithstanding any other provision of law, such 

20 funds may be obligated and expended to carry out plan21 ning and design and major medical facility construction 

22 not otherwise authorized by law: Provided further, That 

23 within 30 days of enactment of this Act the Secretary of 

24 Veterans Affairs shall submit to the Committees on Ap25 propriations of both Houses of Congress an expenditure 
215 

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1 plan for funds provided under this heading prior to obliga2 tion. 

3 CONSTRUCTION, MINOR PROJECTS

4 For an additional amount for ‘‘Construction, Minor 

5 Projects’’, $939,836,000, to remain available until Sep6 tember 30, 2010, of which $860,742,000 shall be for Vet7 erans Health Administration minor construction; 

8 $20,300,000 shall be for Veterans Benefits Administra9 tion minor construction, including $300,000 for energy ef10 ficiency initiatives; and $29,012,000 shall be for National 

11 Cemetery Administration minor construction. 

12 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

13 FACILITIES

14 For an additional amount for ‘‘Grants for Construc15 tion of State Extended Care Facilities’’, $257,986,000, to 

16 remain available until September 30, 2010, for grants to 

17 assist States to acquire or construct State nursing home 

18 and domiciliary facilities and to remodel, modify, or alter 

19 existing hospital, nursing home, and domiciliary facilities 

20 in State homes, for furnishing care to veterans as author21 ized by sections 8131 through 8137 of title 38, United 

22 States Code. 

23 ADMINISTRATIVE PROVISION

24 SEC. 1002. PAYMENTS TO ELIGIBLE PERSONS WHO

25 SERVED IN THE UNITED STATES ARMED FORCES IN THE
216 

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1 FAR EAST DURING WORLD WAR II. (a) FINDINGS.—Con2 gress makes the following findings: 

3 (1) The Philippine islands became a United 

4 States possession in 1898 when they were ceded 

5 from Spain following the Spanish-American War. 

6 (2) During World War II, Filipinos served in a 

7 variety of units, some of which came under the di8 rect control of the United States Armed Forces. 

9 (3) The regular Philippine Scouts, the new 

10 Philippine Scouts, the Guerilla Services, and more 

11 than 100,000 members of the Philippine Common12 wealth Army were called into the service of the 

13 United States Armed Forces of the Far East on 

14 July 26, 1941, by an executive order of President 

15 Franklin D. Roosevelt. 

16 (4) Even after hostilities had ceased, wartime 

17 service of the new Philippine Scouts continued as a 

18 matter of law until the end of 1946, and the force 

19 gradually disbanded and was disestablished in 1950. 

20 (5) Filipino veterans who were granted benefits 

21 prior to the enactment of the so-called Rescissions 

22 Acts of 1946 (Public Laws 79–301 and 79–391) 

23 currently receive full benefits under laws adminis24 tered by the Secretary of Veterans Affairs, but 

25 under section 107 of title 38, United States Code, 
217 

S 336 PCS 

1 the service of certain other Filipino veterans is 

2 deemed not to be active service for purposes of such 

3 laws. 

4 (6) These other Filipino veterans only receive 

5 certain benefits under title 38, United States Code, 

6 and, depending on where they legally reside, are paid 

7 such benefit amounts at reduced rates. 

8 (7) The benefits such veterans receive include 

9 service-connected compensation benefits paid under 

10 chapter 11 of title 38, United States Code, depend11 ency indemnity compensation survivor benefits paid 

12 under chapter 13 of title 38, United States Code, 

13 and burial benefits under chapters 23 and 24 of title 

14 38, United States Code, and such benefits are paid 

15 to beneficiaries at the rate of $0.50 per dollar au16 thorized, unless they lawfully reside in the United 

17 States. 

18 (8) Dependents’ educational assistance under 

19 chapter 35 of title 38, United States Code, is also 

20 payable for the dependents of such veterans at the 

21 rate of $0.50 per dollar authorized, regardless of the 

22 veterans’ residency. 

23 (b) COMPENSATION FUND.— 

24 (1) IN GENERAL.—There is in the general fund 

25 of the Treasury a fund to be known as the ‘‘Filipino 
218 

S 336 PCS 

1 Veterans Equity Compensation Fund’’ (in this sec2 tion referred to as the ‘‘compensation fund’’). 

3 (2) AVAILABILITY OF FUNDS.—Subject to the 

4 availability of appropriations for such purpose, 

5 amounts in the fund shall be available to the Sec6 retary of Veterans Affairs without fiscal year limita7 tion to make payments to eligible persons in accord8 ance with this section. 

9 (c) PAYMENTS.— 

10 (1) IN GENERAL.—The Secretary may make a 

11 payment from the compensation fund to an eligible 

12 person who, during the one-year period beginning on 

13 the date of the enactment of this Act, submits to the 

14 Secretary a claim for benefits under this section. 

15 The application for the claim shall contain such in16 formation and evidence as the Secretary may re17 quire. 

18 (2) PAYMENT TO SURVIVING SPOUSE.—If an el19 igible person who has filed a claim for benefits under 

20 this section dies before payment is made under this 

21 section, the payment under this section shall be 

22 made instead to the surviving spouse, if any, of the 

23 eligible person. 

24 (d) ELIGIBLE PERSONS.—An eligible person is any 

25 person who— 
219 

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1 (1) served— 

2 (A) before July 1, 1946, in the organized 

3 military forces of the Government of the Com4 monwealth of the Philippines, while such forces 

5 were in the service of the Armed Forces of the 

6 United States pursuant to the military order of 

7 the President dated July 26, 1941, including 

8 among such military forces organized guerrilla 

9 forces under commanders appointed, des10 ignated, or subsequently recognized by the 

11 Commander in Chief, Southwest Pacific Area, 

12 or other competent authority in the Army of the 

13 United States; or 

14 (B) in the Philippine Scouts under section 

15 14 of the Armed Forces Voluntary Recruitment 

16 Act of 1945 (59 Stat. 538); and 

17 (2) was discharged or released from service de18 scribed in paragraph (1) under conditions other than 

19 dishonorable. 

20 (e) PAYMENT AMOUNTS.—Each payment under this 

21 section shall be— 

22 (1) in the case of an eligible person who is not 

23 a citizen of the United States, in the amount of 

24 $9,000; and 
220 

S 336 PCS 

1 (2) in the case of an eligible person who is a 

2 citizen of the United States, in the amount of 

3 $15,000. 

4 (f) LIMITATION.—The Secretary may not make more 

5 than one payment under this section for each eligible per6 son described in subsection (d). 

7 (g) CLARIFICATION OF TREATMENT OF PAYMENTS

8 UNDER CERTAIN LAWS.—Amounts paid to a person 

9 under this section— 

10 (1) shall be treated for purposes of the internal 

11 revenue laws of the United States as damages for 

12 human suffering; and 

13 (2) shall not be included in income or resources 

14 for purposes of determining— 

15 (A) eligibility of an individual to receive 

16 benefits described in section 3803(c)(2)(C) of 

17 title 31, United States Code, or the amount of 

18 such benefits; 

19 (B) eligibility of an individual to receive 

20 benefits under title VIII of the Social Security 

21 Act, or the amount of such benefits; or 

22 (C) eligibility of an individual for, or the 

23 amount of benefits under, any other Federal or 

24 federally assisted program. 

25 (h) RELEASE.— 
221 

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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the acceptance by an eligible person or 

3 surviving spouse, as applicable, of a payment under 

4 this section shall be final, and shall constitute a 

5 complete release of any claim against the United 

6 States by reason of any service described in sub7 section (d). 

8 (2) PAYMENT OF PRIOR ELIGIBILITY STATUS.— 

9 Nothing in this section shall prohibit a person from 

10 receiving any benefit (including health care, survivor, 

11 or burial benefits) which the person would have been 

12 eligible to receive based on laws in effect as of the 

13 day before the date of the enactment of this Act. 

14 (i) RECOGNITION OF SERVICE.—The service of a per15 son as described in subsection (d) is hereby recognized as 

16 active military service in the Armed Forces for purposes 

17 of, and to the extent provided in, this section. 

18 (j) ADMINISTRATION.— 

19 (1) The Secretary shall promptly issue applica20 tion forms and instructions to ensure the prompt 

21 and efficient administration of the provisions of this 

22 section. 

23 (2) The Secretary shall administer the provi24 sions of this section in a manner consistent with ap25 plicable provisions of title 38, United States Code, 
222 

S 336 PCS 

1 and other provisions of law, and shall apply the defi2 nitions in section 101 of such title in the administra3 tion of such provisions, except to the extent other4 wise provided in this section. 

5 (k) REPORTS.—The Secretary shall include, in docu6 ments submitted to Congress by the Secretary in support 

7 of the President’s budget for each fiscal year, detailed in8 formation on the operation of the compensation fund, in9 cluding the number of applicants, the number of eligible 

10 persons receiving benefits, the amounts paid out of the 

11 compensation fund, and the administration of the com12 pensation fund for the most recent fiscal year for which 

13 such data is available. 

14 (l) AUTHORIZATION OF APPROPRIATION.—There is 

15 authorized to be appropriated to the compensation fund 

16 $198,000,000, to remain available until expended, to make 

17 payments under this section. 

18 RELATED AGENCY 

19 DEPARTMENT OF DEFENSE—CIVIL 

20 CEMETERIAL EXPENSES, ARMY

21 SALARY AND EXPENSES

22 For an additional amount for ‘‘Cemeterial Expenses, 

23 Army’’, $60,300,000, to remain available until September 

24 30, 2010, for land development, columbarium construc-
223 

S 336 PCS 

1 tion, and relocation of utilities at Arlington National Cem2 etery. 

3 TITLE XI—STATE, FOREIGN OPERATIONS, AND 

4 RELATED PROGRAMS 

5 DEPARTMENT OF STATE 

6 ADMINISTRATION OF FOREIGN AFFAIRS

7 DIPLOMATIC AND CONSULAR PROGRAMS

8 For an additional amount for ‘‘Diplomatic and Con9 sular Programs’’ for urgent domestic facilities require10 ments, $180,500,000, to remain available until September 

11 30, 2010, of which up to $45,000,000 shall be available 

12 for passport and visa facilities and systems, and up to 

13 $75,000,000 shall be available for a consolidated security 

14 training facility in the United States: Provided, That the 

15 Secretary of State shall submit to the Committees on Ap16 propriations within 90 days of enactment of this Act a 

17 detailed spending plan for funds appropriated under this 

18 heading: Provided further, That with respect to the funds 

19 made available for passport facilities and systems, such 

20 plan shall be developed in consultation with the Depart21 ment of Homeland Security and the General Services Ad22 ministration and shall coordinate and co-locate, to the ex23 tent feasible, the construction of passport agencies with 

24 other Federal facilities. 
224 

S 336 PCS 

1 CAPITAL INVESTMENT FUND

2 For an additional amount for ‘‘Capital Investment 

3 Fund’’, $524,000,000, to remain available until Sep4 tember 30, 2010, of which up to $120,000,000 shall be 

5 available for the design and construction of a backup in6 formation management facility in the United States to 

7 support continuity of critical mission operations and pro8 grams, and up to $98,527,000 shall be available to carry 

9 out the Department of State’s responsibilities under the 

10 Comprehensive National Cybersecurity Initiative: Pro11 vided, That the Secretary of State and the Administrator 

12 of the United States Agency for International Develop13 ment shall coordinate information technology systems, 

14 where appropriate, to increase efficiencies and eliminate 

15 redundancies, to include co-location of backup information 

16 management facilities: Provided further, That the Sec17 retary of State shall submit to the Committees on Appro18 priations within 90 days of enactment of this Act a de19 tailed spending plan for funds appropriated under this 

20 heading. 

21 OFFICE OF INSPECTOR GENERAL

22 For an additional amount for ‘‘Office of Inspector 

23 General’’ for oversight requirements, $2,000,000, to re24 main available until September 30, 2010. 
225 

S 336 PCS 

1 INTERNATIONAL COMMISSIONS 

2 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

3 UNITED STATES AND MEXICO

4 CONSTRUCTION

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Construction’’ for the 

7 water quantity program to meet immediate repair and re8 habilitation requirements, $224,000,000, to remain avail9 able until September 30, 2010: Provided, That up to 

10 $2,000,000 may be transferred to, and merged with, funds 

11 available under the heading ‘‘International Boundary and 

12 Water Commission, United States and Mexico—Salaries 

13 and Expenses’’: Provided, That the Secretary of State 

14 shall submit to the Committees on Appropriations within 

15 90 days of enactment of this Act a detailed spending plan 

16 for funds appropriated under this heading. 

17 UNITED STATES AGENCY FOR INTERNATIONAL 

18 DEVELOPMENT 

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 CAPITAL INVESTMENT FUND

21 For an additional amount for ‘‘Capital Investment 

22 Fund’’, $100,000,000, to remain available until Sep23 tember 30, 2010, of which $34,000,000 shall be available 

24 for information technology modernization programs and of 

25 which up to $35,000,000 shall be available for implemen26 tation of the Global Acquisition System: Provided, That 
226 

S 336 PCS 

1 the Administrator of the United States Agency for Inter2 national Development shall submit to the Committees on 

3 Appropriations within 90 days of enactment of this Act 

4 a detailed spending plan for funds appropriated under this 

5 heading. 

6 OPERATING EXPENSES OF THE UNITED STATES AGENCY

7 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN8 SPECTOR GENERAL

9 For an additional amount for ‘‘Operating Expenses 

10 of the United States Agency for International Develop11 ment Office of Inspector General’’ for oversight require12 ments, $500,000, to remain available until September 30, 

13 2010. 

14 TITLE XII—TRANSPORTATION AND HOUSING 

15 AND URBAN DEVELOPMENT, AND RELATED 

16 AGENCIES 

17 DEPARTMENT OF TRANSPORTATION 

18 OFFICE OF THE SECRETARY

19 SUPPLEMENTAL DISCRETIONARY GRANTS FOR A

20 NATIONAL SURFACE TRANSPORTATION SYSTEM

21 For an additional amount for capital investments in 

22 surface transportation infrastructure, $5,500,000,000, to 

23 remain available until September 30, 2011: Provided, 

24 That the Secretary of Transportation shall distribute 

25 funds provided under this heading as discretionary grants 

26 to be awarded to State and local governments on a com-
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1 petitive basis for projects that will have a significant im2 pact on the Nation, a metropolitan area, or a region: Pro3 vided further, That projects eligible for funding provided 

4 under this heading shall include, but not be limited to, 

5 highway or bridge projects eligible under title 23, United 

6 States Code, including interstate rehabilitation, improve7 ments to the rural collector road system, the reconstruc8 tion of overpasses and interchanges, bridge replacements, 

9 seismic retrofit projects for bridges, and road realign10 ments; public transportation projects eligible under chap11 ter 53 of title 49, United States Code, including invest12 ments in projects participating in the New Starts or Small 

13 Starts programs that will expedite the completion of those 

14 projects and their entry into revenue service; passenger 

15 and freight rail transportation projects; and port infra16 structure investments, including projects that connect 

17 ports to other modes of transportation and improve the 

18 efficiency of freight movement: Provided further, That of 

19 the amount made available under this paragraph, the Sec20 retary may use an amount not to exceed $200,000,000 

21 for the purpose of paying the subsidy costs of projects eli22 gible for federal credit assistance under chapter 6 of title 

23 23, United States Code, if the Secretary finds that such 

24 use of the funds would advance the purposes of this para25 graph: Provided further, That in distributing funds pro-
228 

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1 vided under this heading, the Secretary shall take such 

2 measures so as to ensure an equitable geographic distribu3 tion of funds and an appropriate balance in addressing 

4 the needs of urban and rural communities: Provided fur5 ther, That a grant funded under this heading shall be not 

6 less than $20,000,000 and not greater than 

7 $500,000,000: Provided further, That the Federal share 

8 of the costs for which an expenditure is made under this 

9 heading may be up to 100 percent: Provided further, That 

10 the Secretary shall give priority to projects that require 

11 an additional share of Federal funds in order to complete 

12 an overall financing package, and to projects that are ex13 pected to be completed within 3 years of enactment of this 

14 Act: Provided further, That the Secretary shall publish cri15 teria on which to base the competition for any grants 

16 awarded under this heading not later than 75 days after 

17 enactment of this Act: Provided further, That the Sec18 retary shall require applications for funding provided 

19 under this heading to be submitted not later than 180 

20 days after enactment of this Act, and announce all 

21 projects selected to be funded from such funds not later 

22 than 1 year after enactment of this Act: Provided further, 

23 That the Secretary shall require all additional applications 

24 to be submitted not later than 1 year after enactment of 

25 this Act, and announce not later than 180 days following 
229 

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1 such 1-year period all additional projects selected to be 

2 funded with funds withdrawn from States and grantees 

3 and transferred from ‘‘Supplemental Grants for Highway 

4 Investments’’ and ‘‘Supplemental Grants for Public Tran5 sit Investment’’: Provided further, That projects conducted 

6 using funds provided under this heading must comply with 

7 the requirements of subchapter IV of chapter 31 of title 

8 40, United States Code: Provided further, That the Sec9 retary may retain up to $5,000,000 of the funds provided 

10 under this heading, and may transfer portions of those 

11 funds to the Administrators of the Federal Highway Ad12 ministration, the Federal Transit Administration, the 

13 Federal Railroad Administration and the Maritime Ad14 ministration, to fund the award and oversight of grants 

15 made under this heading. 

16 FEDERAL AVIATION ADMINISTRATION

17 SUPPLEMENTAL FUNDING FOR FACILITIES AND

18 EQUIPMENT

19 For an additional amount for necessary investments 

20 in Federal Aviation Administration infrastructure, 

21 $200,000,000: Provided, That funding provided under this 

22 heading shall be used to make improvements to power sys23 tems, air route traffic control centers, air traffic control 

24 towers, terminal radar approach control facilities, and 

25 navigation and landing equipment: Provided further, That 
230 

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1 priority be given to such projects or activities that will be 

2 completed within 2 years of enactment of this Act: Pro3 vided further, That amounts made available under this 

4 heading may be provided through grants in addition to 

5 the other instruments authorized under section 106(l)(6) 

6 of title 49, United States Code: Provided further, That the 

7 Federal share of the costs for which an expenditure is 

8 made under this heading shall be 100 percent: Provided 

9 further, That amounts provided under this heading may 

10 be used for expenses the agency incurs in administering 

11 this program: Provided further, That not more than 60 

12 days after enactment of this Act, the Administrator shall 

13 establish a process for applying, reviewing and awarding 

14 grants and cooperative and other transaction agreements, 

15 including the form and content of an application, and re16 quirements for the maintenance of records that are nec17 essary to facilitate an effective audit of the use of the 

18 funding provided: Provided further, That section 50101 of 

19 title 49, United States Code, shall apply to funds provided 

20 under this heading. 

21 SUPPLEMENTAL DISCRETIONARY GRANTS FOR AIRPORT

22 INVESTMENT

23 For an additional amount for capital expenditures 

24 authorized under sections 47102(3) and 47504(c) of title 

25 49, United States Code, and for the procurement, installa26 tion and commissioning of runway incursion prevention 
231 

S 336 PCS 

1 devices and systems at airports of such title, 

2 $1,100,000,000: Provided, That the Secretary of Trans3 portation shall distribute funds provided under this head4 ing as discretionary grants to airports, with priority given 

5 to those projects that demonstrate to his or her satisfac6 tion their ability to be completed within 2 years of enact7 ment of this Act, and serve to supplement and not sup8 plant planned expenditures from airport-generated reve9 nues or from other State and local sources on such activi10 ties: Provided further, That the Federal share payable of 

11 the costs for which a grant is made under this heading 

12 shall be 100 percent: Provided further, That the amount 

13 made available under this heading shall not be subject to 

14 any limitation on obligations for the Grants-in-Aid for Air15 ports program set forth in any Act: Provided further, That 

16 section 50101 of title 49, United States Code, shall apply 

17 to funds provided under this heading: Provided further, 

18 That projects conducted using funds provided under this 

19 heading must comply with the requirements of subchapter 

20 IV of chapter 31 of title 40, United States Code: Provided 

21 further, That the Administrator of the Federal Aviation 

22 Administration may retain and transfer to ‘‘Federal Avia23 tion Administration, Operations’’ up to one-quarter of 1 

24 percent of the funds provided under this heading to fund 
232 

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1 the award and oversight by the Administrator of grants 

2 made under this heading. 

3 FEDERAL HIGHWAY ADMINISTRATION

4 SUPPLEMENTAL GRANTS FOR HIGHWAY INVESTMENT

5 For an additional amount for restoration, repair, con6 struction and other activities eligible under paragraph (b) 

7 of section 133 of title 23, United States Code, 

8 $27,060,000,000: Provided, That funds provided under 

9 this heading shall be apportioned to States using the for10 mula set forth in section 104(b)(3) of such title: Provided 

11 further, That 180 days following the date of such appor12 tionment, the Secretary of Transportation shall withdraw 

13 from each State an amount equal to 50 percent of the 

14 funds awarded to that grantee less the amount of funding 

15 obligated, and the Secretary shall redistribute such 

16 amounts to other States that have had no funds with17 drawn under this proviso in the manner described in sec18 tion 120(c) of division K of Public Law 110–161: Provided 

19 further, That 1 year following the date of such apportion20 ment, the Secretary shall withdraw from each recipient of 

21 funds apportioned under this heading any unobligated 

22 funds and transfer such funds to ‘‘Supplemental Discre23 tionary Grants for a National Surface Transportation Sys24 tem’’: Provided further, That at the request of a State, 

25 the Secretary of Transportation may provide an extension 
233 

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1 of such 1-year period only to the extent that he or she 

2 feels satisfied that the State has encountered extreme con3 ditions that create an unworkable bidding environment or 

4 other extenuating circumstances: Provided further, That 

5 before granting a such an extension, the Secretary shall 

6 send a letter to the House and Senate Committees on Ap7 propriations that provides a thorough justification for the 

8 extension: Provided further, That the provisions of sub9 sections 133(d)(3) and 133(d)(4) of title 23, United 

10 States Code, shall apply to funds apportioned under this 

11 heading, except that the percentage of funds to be allo12 cated to local jurisdictions shall be 40 percent and such 

13 allocation, notwithstanding any other provision of law, 

14 shall be conducted in all states within the United States: 

15 Provided further, That funds allocated to such urbanized 

16 areas and other areas shall not be subject to the redis17 tribution of amounts required 180 days following the date 

18 of apportionment of funds provided under this heading: 

19 Provided further, That funds apportioned under this head20 ing may be used for, but not be limited to, projects that 

21 address stormwater runoff, investments in passenger and 

22 freight rail transportation, and investments in port infra23 structure: Provided further, that each State shall use not 

24 less than 5 percent of funds apportioned to it for activities 

25 eligible under subsections 149(b) and (c) of title 23, 
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1 United States Code: Provided further, That of the funds 

2 provided under this heading, $60,000,000 shall be for cap3 ital expenditures eligible under section 147 of title 23, 

4 United States Code: Provided further, That the Secretary 

5 of Transportation shall distribute such $60,000,000 as 

6 competitive discretionary grants to States, with priority 

7 given to those projects that demonstrate to his or her sat8 isfaction their ability to be completed within 2 years of 

9 enactment of this Act: Provided further, That of the funds 

10 provided under this heading, $500,000,000 shall be for in11 vestments in transportation at Indian reservations and 

12 Federal lands, and administered in accordance with chap13 ter 2 of title 23, United States Code: Provided further, 

14 That of the funds identified in the preceding proviso, 

15 $320,000,000 shall be for the Indian Reservation Roads 

16 program, $100,000,000 shall be for the Park Roads and 

17 Parkways program, $70,000,000 shall be for the Forest 

18 Highway Program, and $10,000,000 shall be for the Ref19 uge Roads program: Provided further, That for invest20 ments at Indian reservations and Federal lands, priority 

21 shall be given to capital investments, and to projects and 

22 activities that can be completed within 2 years of enact23 ment of this Act: Provided further, That 1 year following 

24 the enactment of this Act, to ensure the prompt use of 

25 the $500,000,000 provided for investments at Indian res-
235 

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1 ervations and Federal lands, the Secretary shall have the 

2 authority to redistribute unobligated funds within the re3 spective program for which the funds were appropriated: 

4 Provided further, That up to 4 percent of the funding pro5 vided for Indian Reservation Roads may be used by the 

6 Secretary of the Interior for program management and 

7 oversight and project-related administrative expenses: Pro8 vided further, That section 134(f)(3)(C)(ii)(II) of title 23, 

9 United States Code, shall not apply to funds provided 

10 under this heading: Provided further, That the Federal 

11 share payable on account of any project or activity carried 

12 out with funds made available under this heading shall 

13 be at the option of the recipient, and may be up to 100 

14 percent of the total cost thereof: Provided further, That 

15 funding provided under this heading shall be in addition 

16 to any and all funds provided for fiscal years 2008 and 

17 2009 in any other Act for ‘‘Federal-aid Highways’’ and 

18 shall not affect the distribution of funds provided for 

19 ‘‘Federal-aid Highways’’ in any other Act: Provided fur20 ther, That the amount made available under this heading 

21 shall not be subject to any limitation on obligations for 

22 Federal-aid highways or highway safety construction pro23 grams set forth in any Act: Provided further, That projects 

24 conducted using funds provided under this heading must 

25 comply with the requirements of subchapter IV of chapter 
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1 31 of title 40, United States Code: Provided further, That 

2 section 313 of title 23, United States Code, shall apply 

3 to funds provided under this heading: Provided further, 

4 That section 1101(b) of Public Law 109–59 shall apply 

5 to funds apportioned under this heading: Provided further, 

6 That for the purposes of the definition of States for this 

7 paragraph, sections 101(a)(32) of title 23, United States 

8 Code, shall apply: Provided further, That the Adminis9 trator of the Federal Highway Administration may retain 

10 up to $12,000,000 of the funds provided under this head11 ing to carry out the function of the ‘‘Federal Highway Ad12 ministration, Limitation on Administrative Expenses’’ and 

13 to fund the oversight by the Administrator of projects and 

14 activities carried out with funds made available to the 

15 Federal Highway Administration in this Act. 

16 FEDERAL RAILROAD ADMINISTRATION

17 SUPPLEMENTAL GRANTS TO STATES FOR INTERCITY

18 PASSENGER RAIL SERVICE

19 For an additional amount for discretionary grants to 

20 States to pay for the cost of projects described in para21 graphs (2)(A) and (2)(B) of section 24401 of title 49, 

22 United States Code, and subsection (b) of section 24105 

23 of such title, $250,000,000: Provided, That to be eligible 

24 for assistance under this paragraph, the specific project 

25 must be on a Statewide Transportation Improvement Plan 
237 

S 336 PCS 

1 at the time of the application to qualify: Provided further, 

2 That the Secretary of Transportation shall give priority 

3 to projects that demonstrate an ability to be completed 

4 within 2 years of enactment of this Act, and to projects 

5 that improve the safety and reliability of intercity pas6 senger trains: Provided further, That the Federal share 

7 payable of the costs for which a grant is made under this 

8 heading shall be 100 percent: Provided further, That 

9 projects conducted using funds provided under this head10 ing must comply with the requirements of subchapter IV 

11 of chapter 31 of title 40, United States Code: Provided 

12 further, That section 24405(a) of title 49, United States 

13 Code, shall apply to funds provided under this heading: 

14 Provided further, That the Administrator of the Federal 

15 Railroad Administration may retain and transfer to ‘‘Fed16 eral Railroad Administration, Safety and Operations’’ up 

17 to one-quarter of 1 percent of the funds provided under 

18 this heading to fund the award and oversight by the Ad19 ministrator of grants made under this heading. 

20 SUPPLEMENTAL CAPITAL GRANTS TO THE NATIONAL

21 RAILROAD PASSENGER CORPORATION

22 For an additional amount for the immediate invest23 ment in capital projects necessary to maintain and im24 prove national intercity passenger rail service, including 

25 the rehabilitation of rolling stock, $850,000,000: Provided, 

26 That funds made available under this heading shall be al-
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1 located directly to the National Railroad Passenger Cor2 poration: Provided further, That the Board of Directors 

3 of the corporation shall take measures to ensure that pri4 ority is given to capital projects that expand passenger 

5 rail capacity: Provided further, That the Board of Direc6 tors shall take measures to ensure that projects funded 

7 under this heading shall be completed within 2 years of 

8 enactment of this Act, and shall serve to supplement and 

9 not supplant planned expenditures for such activities from 

10 other Federal, State, local and corporate sources: Provided 

11 further, That said Board of Directors shall certify to the 

12 House and Senate Committees on Appropriations in writ13 ing their compliance with the preceding proviso: Provided 

14 further, That section 24305(f) of title 49, United States 

15 Code, shall apply to funds provided under this heading: 

16 Provided further, That not more than 50 percent of the 

17 funds provided under this heading may be used for capital 

18 projects along the Northeast Corridor. 

19 HIGH-SPEED RAIL CORRIDOR PROGRAM

20 To make grants for high-speed rail projects under the 

21 provisions of section 26106 of title 49, United States 

22 Code, $2,000,000,000, to remain available until Sep23 tember 30, 2011: Provided, That the Federal share pay24 able of the costs for which a grant is made under this 

25 heading shall be 100 percent: Provided further, That the 

26 Administrator of the Federal Railroad Administration 
239 

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1 may retain and transfer to ‘‘Federal Railroad Administra2 tion, Safety and Operations’’ up to one-quarter of 1 per3 cent of the funds provided under this heading to fund the 

4 award and oversight by the Administrator of grants made 

5 under this paragraph. 

6 FEDERAL TRANSIT ADMINISTRATION

7 SUPPLEMENTAL GRANTS FOR PUBLIC TRANSIT

8 INVESTMENT

9 For an additional amount for capital expenditures 

10 authorized under section 5302(a)(1) of title 49, United 

11 States Code, $8,400,000,000: Provided, That the Sec12 retary of Transportation shall apportion 71 percent of the 

13 funds apportioned under this heading using the formula 

14 set forth in subsections (a) through (c) of section 5336 

15 of title 49, United States Code, 19 percent of the funds 

16 apportioned under this heading using the formula set 

17 forth in section 5340 of such title, and 10 percent of the 

18 funding apportioned under this heading using the formula 

19 set forth in subsection 5311(c) of such title: Provided fur20 ther, That 180 days following the date of such apportion21 ment, the Secretary shall withdraw from each grantee an 

22 amount equal to 50 percent of the funds awarded to that 

23 grantee less the amount of funding obligated, and the Sec24 retary shall redistribute such amounts to other grantees 

25 that have had no funds withdrawn under this proviso uti-
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1 lizing whatever method he or she deems appropriate to en2 sure that all funds provided under this paragraph shall 

3 be utilized promptly: Provided further, That 1 year fol4 lowing the date of such apportionment, the Secretary shall 

5 withdraw from each grantee any unobligated funds and 

6 transfer such funds to ‘‘Supplemental Discretionary 

7 Grants for a National Surface Transportation System’’: 

8 Provided further, That at the request of a grantee, the 

9 Secretary of Transportation may provide an extension of 

10 such 1-year periods if he or she feels satisfied that the 

11 grantee has encountered an unworkable bidding environ12 ment or other extenuating circumstances: Provided fur13 ther, That before granting such an extension, the Sec14 retary shall send a letter to the House and Senate Com15 mittees on Appropriations that provides a thorough jus16 tification for the extension: Provided further, That of the 

17 funds apportioned using the formula set forth in sub18 section 5311(c) of title 49, United States Code, 2 percent 

19 shall be made available for section 5311(c)(1): Provided 

20 further, That of the funding provided under this heading, 

21 $200,000,000 shall be distributed as discretionary grants 

22 to public transit agencies for capital investments that will 

23 assist in reducing the energy consumption or greenhouse 

24 gas emissions of their public transportation systems: Pro25 vided further, That for such grants on energy-related in-
241 

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1 vestments, priority shall be given to projects based on the 

2 total energy savings that are projected to result from the 

3 investment, and projected energy savings as a percentage 

4 of the total energy usage of the public transit agency: Pro5 vided further, That the Federal share of the costs for 

6 which any grant is made under this heading shall be at 

7 the option of the recipient, and may be up to 100 percent: 

8 Provided further, That the amount made available under 

9 this heading shall not be subject to any limitation on obli10 gations for transit programs set forth in any Act: Provided 

11 further, That section 1101(b) of Public Law 109–59 shall 

12 apply to funds apportioned under this heading: Provided 

13 further, That the funds appropriated under this heading 

14 shall be subject to subsection 5323(j) and section 5333 

15 of title 49, United States Code as well as sections 5304 

16 and 5305 of said title, as appropriate, but shall not be 

17 comingled with funds available under the Formula and 

18 Bus Grants account: Provided further, That the Adminis19 trator of the Federal Transit Administration may retain 

20 up to $3,000,000 of the funds provided under this heading 

21 to carry out the function of ‘‘Federal Transit Administra22 tion, Administrative Expenses’’ and to fund the oversight 

23 of grants made under this heading by the Administrator. 
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1 MARITIME ADMINISTRATION

2 SUPPLEMENTAL GRANTS FOR ASSISTANCE TO SMALL

3 SHIPYARDS

4 To make grants to qualified shipyards as authorized 

5 under section 3506 of Public Law 109–163 or section 

6 54101 of title 46, United States Code, $100,000,000: Pro7 vided, That the Secretary of Transportation shall institute 

8 measures to ensure that funds provided under this head9 ing shall be obligated within 180 days of the date of their 

10 distribution: Provided further, That the Maritime Adminis11 trator may retain and transfer to ‘‘Maritime Administra12 tion, Operations and Training’’ up to 2 percent of the 

13 funds provided under this heading to fund the award and 

14 oversight by the Administrator of grants made under this 

15 heading. 

16 OFFICE OF INSPECTOR GENERAL

17 SALARIES AND EXPENSES

18 For an additional amount for necessary expenses of 

19 the Office of Inspector General to carry out the provisions 

20 of the Inspector General Act of 1978, as amended, 

21 $7,750,000, to remain available until September 30, 2011: 

22 Provided, That the funding made available under this 

23 heading shall be used for conducting audits and investiga24 tions of projects and activities carried out with funds made 

25 available in this Act to the Department of Transportation 
243 

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1 and to the National Railroad Passenger Corporation: Pro2 vided further, That the Inspector General shall have all 

3 necessary authority, in carrying out the duties specified 

4 in the Inspector General Act, as amended (5 U.S.C. App. 

5 3), to investigate allegations of fraud, including false 

6 statements to the Government (18 U.S.C. 1001), by any 

7 person or entity that is subject to regulation by the De8 partment. 

9 GENERAL PROVISION—DEPARTMENT OF 

10 TRANSPORTATION 

11 SEC. 1201. Section 5309(g)(4)(A) of title 49, United 

12 States Code, is amended by striking ‘‘or an amount equiv13 alent to the last 3 fiscal years of funding allocated under 

14 subsections (m)(1)(A) and (m)(2)(A)(ii)’’ and inserting 

15 ‘‘or the sum of the funds available for the next 3 fiscal 

16 years beyond the current fiscal year, assuming an annual 

17 growth of the program of 10 percent’’. 

18 DEPARTMENT OF HOUSING AND URBAN 

19 DEVELOPMENT 

20 NATIVE AMERICAN HOUSING BLOCK GRANTS

21 For an additional amount for ‘‘Native American 

22 Housing Block Grants’’, as authorized under title I of the 

23 Native American Housing Assistance and Self-Determina24 tion Act of 1996 (‘‘NAHASDA’’) (25 U.S.C. 4111 et 

25 seq.), $510,000,000, to remain available until September 
244 

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1 30, 2011: Provided, That $255,000,000 of the amount 

2 provided under this heading shall be distributed according 

3 to the same funding formula used in fiscal year 2008: Pro4 vided further, That in selecting projects to be funded, re5 cipients shall give priority to projects that can award con6 tracts based on bids within 180 days from the date that 

7 funds are available to recipients: Provided further, That 

8 the Secretary shall obligate $255,000,000 of the amount 

9 provided under this heading for competitive grants to eligi10 ble entities that apply for funds authorized under 

11 NAHASDA: Provided further, That in awarding competi12 tive funds, the Secretary shall give priority to projects that 

13 will spur construction and rehabilitation and will create 

14 employment opportunities for low-income and unemployed 

15 persons: Provided further, That recipients of funds under 

16 this heading shall obligate 100 percent of such funds with17 in 1 year of the date of enactment of this Act, expend 

18 at least 50 percent of such funds within 2 years of the 

19 date on which funds become available to such jurisdictions 

20 for obligation, and expend 100 percent of such funds with21 in 3 years of such date: Provided further, That if a recipi22 ent fails to comply with either the 1-year obligation re23 quirement or the 2-year expenditure requirement, the Sec24 retary shall recapture all remaining funds awarded to the 

25 recipient and reallocate such funds to recipients that are 
245 

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1 in compliance with those requirements: Provided further, 

2 That if a recipient fails to comply with the 3-year expendi3 ture requirement, the Secretary shall recapture the bal4 ance of the funds awarded to the recipient: Provided fur5 ther, That, notwithstanding any other provision of this 

6 paragraph, the Secretary may institute measures to en7 sure participation in the formula and competitive alloca8 tion of funds provided under this paragraph by any hous9 ing entity eligible to receive funding under title VIII of 

10 NAHASDA (25 U.S.C. 4221 et seq.): Provided further, 

11 That in administering funds provided in this heading, the 

12 Secretary may waive any provision of any statute or regu13 lation that the Secretary administers in connection with 

14 the obligation by the Secretary or the use by the recipient 

15 of these funds except for requirements imposed by this 

16 heading and requirements related to fair housing, non17 discrimination, labor standards, and the environment, 

18 upon a finding that such waiver is required to facilitate 

19 the timely use of such funds and would not be inconsistent 

20 with the overall purpose of the statute or regulation: Pro21 vided further, That, of the funds made available under this 

22 heading, up to 1 percent shall be available for staffing, 

23 training, technical assistance, technology, monitoring, re24 search and evaluation activities: Provided further, That 

25 any funds made available under this heading used by the 
246 

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1 Secretary for personnel expenses shall be transferred to 

2 and merged with funding provided to ‘‘Personnel Com3 pensation and Benefits, Office of Public and Indian Hous4 ing’’: Provided further, That any funds made available 

5 under this heading used by the Secretary for training or 

6 other administrative expenses shall be transferred to and 

7 merged with funding provided to ‘‘Administration, Oper8 ations, and Management’’, for non-personnel expenses of 

9 the Department of Housing and Urban Development: Pro10 vided further, That any funds made available under this 

11 heading used by the Secretary for technology shall be 

12 transferred to and merged with the funding provided to 

13 ‘‘Working Capital Fund’’. 

14 PUBLIC HOUSING CAPITAL FUND

15 For an additional amount for the ‘‘Public Housing 

16 Capital Fund’’ to carry out capital and management ac17 tivities for public housing agencies, as authorized under 

18 section 9 of the United States Housing Act of 1937 (42 

19 U.S.C. 1437g) (the ‘‘Act’’), $5,000,000,000, to remain 

20 available until September 30, 2011: Provided, That the 

21 Secretary of Housing and Urban Development shall allo22 cate $3,000,000,000 of this amount by the formula au23 thorized under section 9(d)(2) of the Act, except that the 

24 Secretary may determine not to allocate funding to public 

25 housing agencies currently designated as troubled or to 
247 

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1 public housing agencies that elect not to accept such fund2 ing: Provided further, That the Secretary shall make avail3 able $2,000,000,000 by competition for priority invest4 ments, including investments that leverage private sector 

5 funding or financing for renovations and energy conserva6 tion retrofit investments: Provided further, That public 

7 housing agencies shall prioritize capital projects that are 

8 already underway or included in the 5-year capital fund 

9 plans required by the Act (42 U.S.C. 1437c–1(a)): Pro10 vided further, That in allocating competitive grants under 

11 this heading, the Secretary shall give priority consider12 ation to the rehabilitation of vacant rental units: Provided 

13 further, That notwithstanding any other provision of law, 

14 (1) funding provided herein may not be used for operating 

15 or rental assistance activities, and (2) any restriction of 

16 funding to replacement housing uses shall be inapplicable: 

17 Provided further, That notwithstanding any other provi18 sion of law, the Secretary shall institute measures to en19 sure that funds provided under this heading shall serve 

20 to supplement and not supplant expenditures from other 

21 Federal, State, or local sources or funds independently 

22 generated by the grantee: Provided further, That notwith23 standing section 9(j), public housing agencies shall obli24 gate 100 percent of the funds within 1 year of the date 

25 of enactment of this Act, shall expend at least 60 percent 
248 

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1 of funds within 2 years of the date on which funds become 

2 available to the agency for obligation, and shall expend 

3 100 percent of the funds within 3 years of such date: Pro4 vided further, That if a public housing agency fails to com5 ply with either the 1-year obligation requirement or the 

6 2-year expenditure requirement, the Secretary shall recap7 ture all remaining funds awarded to the public housing 

8 agency and reallocate such funds to agencies that are in 

9 compliance with those requirements: Provided further, 

10 That if a public housing agency fails to comply with the 

11 3-year expenditure requirement, the Secretary shall recap12 ture the balance of the funds awarded to the public hous13 ing agency: Provided further, That in administering funds 

14 provided in this heading, the Secretary may waive any pro15 vision of any statute or regulation that the Secretary ad16 ministers in connection with the obligation by the Sec17 retary or the use by the recipient of these funds except 

18 for requirements imposed by this heading and require19 ments related to conditions on use of funds for develop20 ment and modernization, fair housing, non-discrimination, 

21 labor standards, and the environment, upon a finding that 

22 such waiver is required to facilitate the timely use of such 

23 funds and would not be inconsistent with the overall pur24 pose of the statute or regulation: Provided further, That 

25 of the funds made available under this heading, up to 1 
249 

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1 percent shall be available for staffing, training, technical 

2 assistance, technology, monitoring, research and evalua3 tion activities: Provided further, That any funds made 

4 available under this heading used by the Secretary for per5 sonnel expenses shall be transferred to and merged with 

6 funding provided to ‘‘Personnel Compensation and Bene7 fits, Office of Public and Indian Housing’’: Provided fur8 ther, That any funds made available under this heading 

9 used by the Secretary for training or other administrative 

10 expenses shall be transferred to and merged with funding 

11 provided to ‘‘Administration, Operations, and Manage12 ment’’, for non-personnel expenses of the Department of 

13 Housing and Urban Development: Provided further, That 

14 any funds made available under this heading used by the 

15 Secretary for technology shall be transferred to and 

16 merged with the funding provided to ‘‘Working Capital 

17 Fund’’. 

18 NEIGHBORHOOD STABILIZATION PROGRAM

19 For the provision of emergency assistance for the re20 development of abandoned and foreclosed homes, as au21 thorized by title III of division B of the Housing and Eco22 nomic Recovery Act of 2008 (the ‘‘Act’’) (42 U.S.C. 5301 

23 note), $2,250,000,000, to remain available until Sep24 tember 30, 2011: Provided, That funding shall be allo25 cated by a competition for which eligible entities shall be 
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1 States, units of general local government, and nonprofit 

2 entities or consortia of nonprofit entities, which may sub3 mit proposals in partnership with for-profit entities: Pro4 vided further, That in selecting grantees the Secretary 

5 shall ensure that the grantee can expend funding within 

6 the period allowed under this heading: Provided further, 

7 That additional award criteria for such competition shall 

8 include demonstrated grantee capacity to execute projects, 

9 leveraging potential, targeted impact of foreclosure pre10 vention, neighborhood stabilization, and any additional 

11 factors determined by the Secretary of Housing and 

12 Urban Development: Provided further, That the Secretary 

13 may establish a minimum grant size: Provided further, 

14 That the Secretary shall publish criteria on which to base 

15 the competition for any grants awarded under this heading 

16 not later than 75 days after the enactment of this Act 

17 and applications shall be due not later than 180 days after 

18 the enactment of this Act: Provided further, That the Sec19 retary shall award all funding within 1 year of enactment 

20 of this Act: Provided further, That grantees shall expend 

21 at least 75 percent of allocated funds within 2 years of 

22 the date funds become available to the grantees for obliga23 tion and 100 percent of such funds within 3 years of such 

24 date: Provided further, That funding used for section 

25 2301(c)(3)(E) of the Act shall be available only for the 
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1 redevelopment of demolished or vacant properties as hous2 ing: Provided further, That in addition to the eligible uses 

3 in section 2301, the Secretary may also use up to 10 per4 cent of the funds provided under this heading for grantees 

5 for the provision of capacity building of and support for 

6 local communities receiving funding under section 2301 of 

7 the Act or under this heading: Provided further, That the 

8 construction or rehabilitation of early childhood and devel9 opment centers serving households that qualify as low in10 come shall also be an eligible use of funding: Provided fur11 ther, That in addition to the allowable uses of revenues 

12 provided in section 2301 of the Act, any revenues gen13 erated in the first 5 years using the funds provided under 

14 this heading may be used by the State or applicable unit 

15 of general local government for maintenance associated 

16 with property acquisition and holding and with land bank17 ing activities: Provided further, That of the funds provided 

18 under this heading, up to 1.5 percent shall be available 

19 for staffing, training, technical assistance, technology, 

20 monitoring, research and evaluation activities: Provided 

21 further, That any funds made available under this heading 

22 used by the Secretary for personnel expense shall be trans23 ferred to and merged with funding provided to ‘‘Commu24 nity Planning and Development Personnel Compensation 

25 and Benefits’’: Provided further, That any funds made 
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1 available under this heading used by the Secretary for 

2 training or other administrative expenses shall be trans3 ferred to and merged with funding provided to ‘‘Adminis4 tration, Operations, and Management’’ for non-personnel 

5 expenses of the Department of Housing and Urban Devel6 opment: Provided further, That any funding made avail7 able under this heading used by the Secretary for tech8 nology shall be transferred to and merged with the fund9 ing provided to ‘‘Working Capital Fund.’’ 

10 HOME INVESTMENT PARTNERSHIPS PROGRAM

11 For an additional amount for the ‘‘HOME Invest12 ment Partnerships Program’’ as authorized under title II 

13 of the Cranston-Gonzalez National Affordable Housing 

14 Act (the ‘‘Act’’), $2,250,000,000, to remain available until 

15 September 30, 2011: Provided, That except as specifically 

16 provided herein, funds provided under this heading shall 

17 be distributed pursuant to the formula authorized by sec18 tion 217 of the Act: Provided further, That the Secretary 

19 may establish a minimum grant size: Provided further, 

20 That participating jurisdictions shall obligate 100 percent 

21 of the funds within 1 year of the date of enactment of 

22 this Act, shall expend at least 60 percent of funds within 

23 2 years of the date on which funds become available to 

24 the participating jurisdiction for obligation and shall ex25 pend 100 percent of the funds within 3 years of such date: 
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1 Provided further, That if a participating jurisdiction fails 

2 to comply with either the 1-year obligation requirement 

3 or the 2-year expenditure requirement, the Secretary shall 

4 recapture all remaining funds awarded to the participating 

5 jurisdiction and reallocate such funds to participating ju6 risdictions that are in compliance with those requirements: 

7 Provided further, That if a participating jurisdiction fails 

8 to comply with the 3-year expenditure requirement, the 

9 Secretary shall recapture the balance of the funds awarded 

10 to the participating jurisdiction: Provided further, That in 

11 administering funds under this heading, the Secretary 

12 may waive any provision of any statute or regulation that 

13 the Secretary administers in connection with the obliga14 tion by the Secretary or the use by the recipient of these 

15 funds except for requirements imposed by this heading 

16 and requirements related to fair housing, non-discrimina17 tion, labor standards and the environment, upon a finding 

18 that such waiver is required to facilitate the timely use 

19 of such funds and would not be inconsistent with the over20 all purpose of the statute or regulation: Provided further, 

21 That the Secretary may use funds provided under this 

22 heading to provide incentives to grantees to use funding 

23 for investments in energy efficiency and green building 

24 technology: Provided further, That such incentives may in25 clude allocation of up to 20 percent of funds made avail-
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1 able under this heading other than pursuant to the for2 mula authorized by section 217 of the Act: Provided fur3 ther, That, of the funds made available under this heading, 

4 up to 1 percent shall be available for staffing, training, 

5 technical assistance, technology, monitoring, research and 

6 evaluation activities: Provided further, That any funds 

7 made available under this heading used by the Secretary 

8 for personnel expenses shall be transferred to and merged 

9 with funding provided to ‘‘Personnel Compensation and 

10 Benefits, Office of Community Planning and Develop11 ment’’: Provided further, That any funds made available 

12 under this heading used by the Secretary for training or 

13 other administrative expenses shall be transferred to and 

14 merged with funding provided to ‘‘Administration, Oper15 ations, and Management’’, for non-personnel expenses of 

16 the Department of Housing and Urban Development: Pro17 vided further, That any funds made available under this 

18 heading used by the Secretary for technology shall be 

19 transferred to and merged with the funding provided to 

20 ‘‘Working Capital Fund’’. 

21 HOMELESSNESS PREVENTION FUND

22 For homelessness prevention activities, 

23 $1,500,000,000, to remain available until September 30, 

24 2011: Provided, That funds provided under this heading 

25 shall be used for the provision of short-term or medium- 
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1 term rental assistance; housing relocation and stabiliza2 tion services including housing search, mediation or out3 reach to property owners, credit repair, security or utility 

4 deposits, utility payments, rental assistance for a final 

5 month at a location, and moving cost assistance; or other 

6 appropriate homelessness prevention activities: Provided 

7 further, That grantees receiving such assistance shall col8 lect data on the use of the funds awarded and persons 

9 served with this assistance in the Homeless Management 

10 Information System (HMIS) or other comparable data11 base: Provided further, That grantees may use up to 5 per12 cent of any grant for administrative costs: Provided fur13 ther, That funding made available under this heading shall 

14 be allocated to eligible grantees (as defined and designated 

15 in sections 411 and 412 of subtitle B of title IV of the 

16 McKinney-Vento Homeless Assistance Act, (the ‘‘Act’’)) 

17 pursuant to the formula authorized by section 413 of the 

18 Act: Provided further, That the Secretary may establish 

19 a minimum grant size: Provided further, That grantees 

20 shall expend at least 75 percent of funds within 2 years 

21 of the date that funds became available to them for obliga22 tion, and 100 percent of funds within 3 years of such date, 

23 and the Secretary may recapture unexpended funds in vio24 lation of the 2-year expenditure requirement and reallo25 cate such funds to grantees in compliance with that re-
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1 quirement: Provided further, That the Secretary may 

2 waive statutory or regulatory provisions (except provisions 

3 for fair housing, nondiscrimination, labor standards, and 

4 the environment) necessary to facilitate the timely expend5 iture of funds: Provided further, That the Secretary shall 

6 publish a notice to establish such requirements as may be 

7 necessary to carry out the provisions of this section within 

8 30 days of enactment of the Act and that this notice shall 

9 take effect upon issuance: Provided further, That of the 

10 funds provided under this heading, up to 1.5 percent shall 

11 be available for staffing, training, technical assistance, 

12 technology, monitoring, research and evaluation activities: 

13 Provided further, That any funds made available under 

14 this heading used by the Secretary for personnel expense 

15 shall be transferred to and merged with funding provided 

16 to ‘‘Community Planning and Development Personnel 

17 Compensation and Benefits’’: Provided further, That any 

18 funds made available under this heading used by the Sec19 retary for training or other administrative expenses shall 

20 be transferred to and merged with funding provided to 

21 ‘‘Administration, Operations, and Management’’ for non22 personnel expenses of the Department of Housing and 

23 Urban Development: Provided further, That any funding 

24 made available under this heading used by the Secretary 
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1 for technology shall be transferred to and merged with the 

2 funding provided to ‘‘Working Capital Fund.’’ 

3 ASSISTED HOUSING STABILITY AND ENERGY AND

4 GREEN RETROFIT INVESTMENTS

5 For assistance to owners of properties receiving 

6 project-based assistance pursuant to section 202 of the 

7 Housing Act of 1959 (12 U.S.C. 17012), section 811 of 

8 the Cranston-Gonzalez National Affordable Housing Act 

9 (42 U.S.C. 8013), or section 8 of the United States Hous10 ing Act of 1937 as amended (42 U.S.C. 1437f), 

11 $3,500,000,000, of which $2,132,000,000 shall be for an 

12 additional amount for paragraph (1) under the heading 

13 ‘‘Project-Based Rental Assistance’’ in Public Law 110– 

14 161 for payments to owners for 12-month periods, and 

15 of which $1,368,000,000 shall be for grants or loans for 

16 energy retrofit and green investments in such assisted 

17 housing: Provided, That projects funded with grants or 

18 loans provided under this heading must comply with the 

19 requirements of subchapter IV of chapter 31 of title 40, 

20 United States Code: Provided further, That such grants 

21 or loans shall be provided through the existing policies, 

22 procedures, contracts, and transactional infrastructure of 

23 the authorized programs administered by the Office of Af24 fordable Housing Preservation of the Department of 

25 Housing and Urban Development, on such terms and con-
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1 ditions as the Secretary of Housing and Urban Develop2 ment deems appropriate to ensure the maintenance and 

3 preservation of the property, the continued operation and 

4 maintenance of energy efficiency technologies, and the 

5 timely expenditure of funds: Provided further, That the 

6 Secretary may provide incentives to owners to undertake 

7 energy or green retrofits as a part of such grant or loan 

8 terms, including, but not limited to, investment fees to 

9 cover oversight and implementation costs incurred by said 

10 owner, or to encourage job creation for low-income or very 

11 low-income individuals: Provided further, That the grants 

12 or loans shall include a financial assessment and physical 

13 inspection of such property: Provided further, That eligible 

14 owners must have at least a satisfactory management re15 view rating, be in substantial compliance with applicable 

16 performance standards and legal requirements, and com17 mit to an additional period of affordability determined by 

18 the Secretary, but of not fewer than 15 years: Provided 

19 further, That the Secretary shall undertake appropriate 

20 underwriting and oversight with respect to grant and loan 

21 transactions and may set aside up to 5 percent of the 

22 funds made available under this heading for grants or 

23 loans for such purpose: Provided further, That the Sec24 retary shall take steps necessary to ensure that owners 

25 receiving funding for energy and green retrofit invest-
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1 ments under this heading shall expend such funding with2 in 2 years of the date they received the funding: Provided 

3 further, That the Secretary may waive or modify statutory 

4 or regulatory requirements with respect to any existing 

5 grant, loan, or insurance mechanism authorized to be used 

6 by the Secretary to enable or facilitate the accomplishment 

7 of investments supported with funds made available under 

8 this heading for grants or loans: Provided further, That 

9 of the funds provided under this heading, up to 1.5 per10 cent shall be available for staffing, training, technical as11 sistance, technology, monitoring, research and evaluation 

12 activities: Provided further, That funding made available 

13 under this heading and used by the Secretary for per14 sonnel expenses shall be transferred to and merged with 

15 funding provided to ‘‘Housing Compensation and Bene16 fits’’: Provided further, That any funding made available 

17 under this heading used by the Secretary for training and 

18 other administrative expenses shall be transferred to and 

19 merged with funding provided to ‘‘Administration, Oper20 ations and Management’’ for non-personnel expenses of 

21 the Department of Housing and Urban Development: Pro22 vided further, That any funding made available under this 

23 heading used by the Secretary for technology shall be 

24 transferred to and merged with funding provided to 

25 ‘‘Working Capital Fund.’’ 
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1 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

2 CONTROL

3 For an additional amount for the ‘‘Lead Hazard Re4 duction’’, as authorized by section 1011 of the Residential 

5 Lead-Based Paint Hazard Reduction Act of 1992, 

6 $100,000,000, to remain available until September 30, 

7 2011: Provided, That funds shall be awarded first to appli8 cant jurisdictions which had applied under the Lead9 Based Paint Hazard Control Grant Program Notice of 

10 Funding Availability for fiscal year 2008, and were found 

11 in the application review to be qualified for award, but 

12 were not awarded because of funding limitations, and that 

13 any funds which remain after reservation of funds for such 

14 grants shall be added to the amount of funds to be award15 ed under the Lead-Based Paint Hazard Control Grant 

16 Program Notice of Funding Availability for fiscal year 

17 2009: Provided further, That each applicant jurisdiction 

18 for the Lead-Based Paint Hazard control Grant Program 

19 Notice of Funding Availability for fiscal year 2009 shall 

20 submit a detailed plan and strategy that demonstrates 

21 adequate capacity that is acceptable to the Secretary to 

22 carry out the proposed use of funds: Provided further, 

23 That recipients of funds under this heading shall obligate 

24 100 percent of such funds within 1 year of the date of 

25 enactment of this Act, expend at least 75 percent of such 
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1 funds within 2 years of the date on which funds become 

2 available to such jurisdictions for obligation, and expend 

3 100 percent of such funds within 3 years of such date: 

4 Provided further, That if a recipient fails to comply with 

5 either the 1-year obligation requirement or the 2-year ex6 penditure requirement, the Secretary shall recapture all 

7 remaining funds awarded to the recipient and reallocate 

8 such funds to recipients that are in compliance with those 

9 requirements: Provided further, That if a recipient fails to 

10 comply with the 3-year expenditure requirement, the Sec11 retary shall recapture the balance of the funds awarded 

12 to the recipient: Provided further, That in administering 

13 funds provided in this heading, the Secretary may waive 

14 any provision of any statute or regulation that the Sec15 retary administers in connection with the obligation by the 

16 Secretary or the use by the recipient of these funds except 

17 for requirements imposed by this heading and require18 ments related to fair housing, nondiscrimination, labor 

19 standards, and the environment, upon a finding that such 

20 waiver is required to facilitate the timely use of such funds 

21 and would not be inconsistent with the overall purpose of 

22 the statute or regulation: Provided further, That, of the 

23 funds made available under this heading, up to 1 percent 

24 shall be available for staffing, training, technical assist25 ance, technology, monitoring, research and evaluation ac-
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1 tivities: Provided further, That any funds made available 

2 under this heading used by the Secretary for personnel 

3 expenses shall be transferred to and merged with funding 

4 provided to ‘‘Personnel Compensation and Benefits, Office 

5 of Healthy Homes and Lead Hazard Control’’: Provided 

6 further, That any funds made available under this heading 

7 used by the Secretary for training or other administrative 

8 expenses shall be transferred to and merged with funding 

9 provided to ‘‘Administration, Operations, and Manage10 ment’’, for non-personnel expenses of the Department of 

11 Housing and Urban Development: Provided further, That 

12 any funds made available under this heading used by the 

13 Secretary for technology shall be transferred to and 

14 merged with the funding provided to ‘‘Working Capital 

15 Fund’’. 

16 OFFICE OF INSPECTOR GENERAL

17 For an additional amount for the necessary salaries 

18 and expenses of the Office of Inspector General in car19 rying out the Inspector General Act of 1978, as amended, 

20 $2,750,000, to remain available until September 30, 2011: 

21 Provided, That the Inspector General shall have inde22 pendent authority over all personnel issues within this of23 fice. 
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1 TITLE XIII—HEALTH 

2 INFORMATION TECHNOLOGY 

3 SEC. 1301. SHORT TITLE. 

4 This title may be cited as the ‘‘Health Information 

5 Technology for Economic and Clinical Health Act’’ or the 

6 ‘‘HITECH Act’’. 

7 Subtitle A—Promotion of Health 

8 Information Technology 

9 PART I—IMPROVING HEALTH CARE QUALITY, 

10 SAFETY, AND EFFICIENCY 

11 SEC. 13101. ONCHIT; STANDARDS DEVELOPMENT AND 

12 ADOPTION. 

13 The Public Health Service Act (42 U.S.C. 201 et 

14 seq.) is amended by adding at the end the following: 

15 ‘‘TITLE XXX—HEALTH INFORMA16 TION TECHNOLOGY AND 

17 QUALITY 

18 ‘‘SEC. 3000. DEFINITIONS. 

19 ‘‘In this title: 

20 ‘‘(1) CERTIFIED EHR TECHNOLOGY.—The term 

21 ‘certified EHR technology’ means a qualified elec22 tronic health record and that is certified pursuant to 

23 section 3001(c)(5) as meeting standards adopted 

24 under section 3004 that are applicable to the type 

25 of record involved (as determined by the Secretary, 
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1 such as an ambulatory electronic health record for 

2 office-based physicians or an inpatient hospital elec3 tronic health record for hospitals). 

4 ‘‘(2) ENTERPRISE INTEGRATION.—The term 

5 ‘enterprise integration’ means the electronic linkage 

6 of health care providers, health plans, the govern7 ment, and other interested parties, to enable the 

8 electronic exchange and use of health information 

9 among all the components in the health care infra10 structure in accordance with applicable law, and 

11 such term includes related application protocols and 

12 other related standards. 

13 ‘‘(3) HEALTH CARE PROVIDER.—The term 

14 ‘health care provider’ means a hospital, skilled nurs15 ing facility, nursing facility, home health entity, or 

16 other long-term care facility, health care clinic, 

17 emergency medical services provider, Federally quali18 fied health center, group practice (as defined in sec19 tion 1877(h)(4) of the Social Security Act), a phar20 macist, a pharmacy, a laboratory, a physician (as 

21 defined in section 1861(r) of the Social Security 

22 Act), a practitioner (as described in section 

23 1842(b)(18)(C) of the Social Security Act), a pro24 vider operated by, or under contract with, the Indian 

25 Health Service or by an Indian tribe (as defined in 
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1 the Indian Self-Determination and Education Assist2 ance Act), tribal organization, or urban Indian orga3 nization (as defined in section 4 of the Indian 

4 Health Care Improvement Act), a rural health clinic, 

5 a covered entity under section 340B, and any other 

6 category of facility or clinician determined appro7 priate by the Secretary. 

8 ‘‘(4) HEALTH INFORMATION.—The term ‘health 

9 information’ has the meaning given such term in 

10 section 1171(4) of the Social Security Act. 

11 ‘‘(5) HEALTH INFORMATION TECHNOLOGY.— 

12 The term ‘health information technology’ means 

13 hardware, software, integrated technologies and re14 lated licenses, intellectual property, upgrades, and 

15 packaged solutions sold as services for use by health 

16 care entities for the electronic creation, maintenance, 

17 or exchange of health information. 

18 ‘‘(6) HEALTH PLAN.—The term ‘health plan’ 

19 has the meaning given such term in section 1171(5) 

20 of the Social Security Act. 

21 ‘‘(7) HIT POLICY COMMITTEE.—The term ‘HIT 

22 Policy Committee’ means such Committee estab23 lished under section 3002(a). 
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1 ‘‘(8) HIT STANDARDS COMMITTEE.—The term 

2 ‘HIT Standards Committee’ means such Committee 

3 established under section 3003(a). 

4 ‘‘(9) INDIVIDUALLY IDENTIFIABLE HEALTH IN5 FORMATION.—The term ‘individually identifiable 

6 health information’ has the meaning given such term 

7 in section 1171(6) of the Social Security Act. 

8 ‘‘(10) LABORATORY.—The term ‘laboratory’ 

9 has the meaning given such term in section 353(a). 

10 ‘‘(11) NATIONAL COORDINATOR.—The term 

11 ‘National Coordinator’ means the head of the Office 

12 of the National Coordinator for Health Information 

13 Technology established under section 3001(a). 

14 ‘‘(12) PHARMACIST.—The term ‘pharmacist’ 

15 has the meaning given such term in section 804(2) 

16 of the Federal Food, Drug, and Cosmetic Act. 

17 ‘‘(13) QUALIFIED ELECTRONIC HEALTH

18 RECORD.—The term ‘qualified electronic health 

19 record’ means an electronic record of health-related 

20 information on an individual that— 

21 ‘‘(A) includes patient demographic and 

22 clinical health information, such as medical his23 tory and problem lists; and 

24 ‘‘(B) has the capacity— 
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1 ‘‘(i) to provide clinical decision sup2 port; 

3 ‘‘(ii) to support physician order entry; 

4 ‘‘(iii) to capture and query informa5 tion relevant to health care quality; and 

6 ‘‘(iv) to exchange electronic health in7 formation with, and integrate such infor8 mation from other sources. 

9 ‘‘(14) STATE.—The term ‘State’ means each of 

10 the several States, the District of Columbia, Puerto 

11 Rico, the Virgin Islands, Guam, American Samoa, 

12 and the Northern Mariana Islands. 

13 ‘‘Subtitle A—Promotion of Health 

14 Information Technology 

15 ‘‘SEC. 3001. OFFICE OF THE NATIONAL COORDINATOR FOR 

16 HEALTH INFORMATION TECHNOLOGY. 

17 ‘‘(a) ESTABLISHMENT.—There is established within 

18 the Department of Health and Human Services an Office 

19 of the National Coordinator for Health Information Tech20 nology (referred to in this section as the ‘Office’). The Of21 fice shall be headed by a National Coordinator who shall 

22 be appointed by the Secretary and shall report directly to 

23 the Secretary. 

24 ‘‘(b) PURPOSE.—The National Coordinator shall per25 form the duties under subsection (c) in a manner con-
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1 sistent with the development of a nationwide health infor2 mation technology infrastructure that allows for the elec3 tronic use and exchange of information and that— 

4 ‘‘(1) ensures that each patient’s health informa5 tion is secure and protected, in accordance with ap6 plicable law; 

7 ‘‘(2) improves health care quality, reduces med8 ical errors, and advances the delivery of patient-cen9 tered medical care; 

10 ‘‘(3) reduces health care costs resulting from 

11 inefficiency, medical errors, inappropriate care, du12 plicative care, and incomplete information; 

13 ‘‘(4) provides appropriate information to help 

14 guide medical decisions at the time and place of 

15 care; 

16 ‘‘(5) ensures the inclusion of meaningful public 

17 input in such development of such infrastructure; 

18 ‘‘(6) improves the coordination of care and in19 formation among hospitals, laboratories, physician 

20 offices, and other entities through an effective infra21 structure for the secure and authorized exchange of 

22 health care information; 

23 ‘‘(7) improves public health activities and facili24 tates the early identification and rapid response to 
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1 public health threats and emergencies, including bio2 terror events and infectious disease outbreaks; 

3 ‘‘(8) facilitates health and clinical research and 

4 health care quality; 

5 ‘‘(9) promotes early detection, prevention, and 

6 management of chronic diseases; 

7 ‘‘(10) promotes a more effective marketplace, 

8 greater competition, greater systems analysis, in9 creased consumer choice, and improved outcomes in 

10 health care services; and 

11 ‘‘(11) improves efforts to reduce health dispari12 ties. 

13 ‘‘(c) DUTIES OF THE NATIONAL COORDINATOR.— 

14 ‘‘(1) STANDARDS.—The National Coordinator 

15 shall review and determine whether to endorse each 

16 standard, implementation specification, and certifi17 cation criterion for the electronic exchange and use 

18 of health information that is recommended by the 

19 HIT Standards Committee under section 3003 for 

20 purposes of adoption under section 3004. The Coor21 dinator shall make such determination, and report to 

22 the Secretary such determination, not later than 45 

23 days after the date the recommendation is received 

24 by the Coordinator. 

25 ‘‘(2) HIT POLICY COORDINATION.— 
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1 ‘‘(A) IN GENERAL.—The National Coordi2 nator shall coordinate health information tech3 nology policy and programs of the Department 

4 with those of other relevant executive branch 

5 agencies with a goal of avoiding duplication of 

6 efforts and of helping to ensure that each agen7 cy undertakes health information technology ac8 tivities primarily within the areas of its greatest 

9 expertise and technical capability and in a man10 ner towards a coordinated national goal. 

11 ‘‘(B) HIT POLICY AND STANDARDS COM12 MITTEES.—The National Coordinator shall be a 

13 leading member in the establishment and oper14 ations of the HIT Policy Committee and the 

15 HIT Standards Committee and shall serve as a 

16 liaison among those two Committees and the 

17 Federal Government. 

18 ‘‘(3) STRATEGIC PLAN.— 

19 ‘‘(A) IN GENERAL.—The National Coordi20 nator shall, in consultation with other appro21 priate Federal agencies (including the National 

22 Institute of Standards and Technology), update 

23 the Federal Health IT Strategic Plan (devel24 oped as of June 3, 2008) to include specific ob-
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1 jectives, milestones, and metrics with respect to 

2 the following: 

3 ‘‘(i) The electronic exchange and use 

4 of health information and the enterprise 

5 integration of such information. 

6 ‘‘(ii) The utilization of an electronic 

7 health record for each person in the United 

8 States by 2014. 

9 ‘‘(iii) The incorporation of privacy and 

10 security protections for the electronic ex11 change of an individual’s individually iden12 tifiable health information. 

13 ‘‘(iv) Ensuring security methods to 

14 ensure appropriate authorization and elec15 tronic authentication of health information 

16 and specifying technologies or methodolo17 gies for rendering health information unus18 able, unreadable, or indecipherable. 

19 ‘‘(v) Specifying a framework for co20 ordination and flow of recommendations 

21 and policies under this subtitle among the 

22 Secretary, the National Coordinator, the 

23 HIT Policy Committee, the HIT Standards 

24 Committee, and other health information 

25 exchanges and other relevant entities. 
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1 ‘‘(vi) Methods to foster the public un2 derstanding of health information tech3 nology. 

4 ‘‘(vii) Strategies to enhance the use of 

5 health information technology in improving 

6 the quality of health care, reducing medical 

7 errors, reducing health disparities, improv8 ing public health, increasing prevention 

9 and coordination with community re10 sources, and improving the continuity of 

11 care among health care settings. 

12 ‘‘(viii) Specific plans for ensuring that 

13 populations with unique needs, such as 

14 children, are appropriately addressed in 

15 the technology design, as appropriate, 

16 which may include technology that 

17 automates enrollment and retention for eli18 gible individuals. 

19 ‘‘(B) COLLABORATION.—The strategic 

20 plan shall be updated through collaboration of 

21 public and private entities. 

22 ‘‘(C) MEASURABLE OUTCOME GOALS.— 

23 The strategic plan update shall include measur24 able outcome goals. 
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1 ‘‘(D) PUBLICATION.—The National Coor2 dinator shall republish the strategic plan, in3 cluding all updates. 

4 ‘‘(4) WEBSITE.—The National Coordinator 

5 shall maintain and frequently update an Internet 

6 website on which there is posted information on the 

7 work, schedules, reports, recommendations, and 

8 other information to ensure transparency in pro9 motion of a nationwide health information tech10 nology infrastructure. 

11 ‘‘(5) CERTIFICATION.— 

12 ‘‘(A) IN GENERAL.—The National Coordi13 nator, in consultation with the Director of the 

14 National Institute of Standards and Tech15 nology, shall develop a program (either directly 

16 or by contract) for the voluntary certification of 

17 health information technology as being in com18 pliance with applicable certification criteria 

19 adopted under this subtitle. Such program shall 

20 include testing of the technology in accordance 

21 with section 14201(b) of the Health Informa22 tion Technology for Economic and Clinical 

23 Health Act. 

24 ‘‘(B) CERTIFICATION CRITERIA DE25 SCRIBED.—In this title, the term ‘certification 
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1 criteria’ means, with respect to standards and 

2 implementation specifications for health infor3 mation technology, criteria to establish that the 

4 technology meets such standards and implemen5 tation specifications. 

6 ‘‘(6) REPORTS AND PUBLICATIONS.— 

7 ‘‘(A) REPORT ON ADDITIONAL FUNDING

8 OR AUTHORITY NEEDED.—Not later than 12 

9 months after the date of the enactment of this 

10 title, the National Coordinator shall submit to 

11 the appropriate committees of jurisdiction of 

12 the House of Representatives and the Senate a 

13 report on any additional funding or authority 

14 the Coordinator or the HIT Policy Committee 

15 or HIT Standards Committee requires to evalu16 ate and develop standards, implementation 

17 specifications, and certification criteria, or to 

18 achieve full participation of stakeholders in the 

19 adoption of a nationwide health information 

20 technology infrastructure that allows for the 

21 electronic use and exchange of health informa22 tion. 

23 ‘‘(B) IMPLEMENTATION REPORT.—The 

24 National Coordinator shall prepare a report 

25 that identifies lessons learned from major pub-
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1 lic and private health care systems in their im2 plementation of health information technology, 

3 including information on whether the tech4 nologies and practices developed by such sys5 tems may be applicable to and usable in whole 

6 or in part by other health care providers. 

7 ‘‘(C) ASSESSMENT OF IMPACT OF HIT ON

8 COMMUNITIES WITH HEALTH DISPARITIES AND

9 UNINSURED, UNDERINSURED, AND MEDICALLY

10 UNDERSERVED AREAS.—The National Coordi11 nator shall assess and publish the impact of 

12 health information technology in communities 

13 with health disparities and in areas with a high 

14 proportion of individuals who are uninsured, 

15 underinsured, and medically underserved indi16 viduals (including urban and rural areas) and 

17 identify practices to increase the adoption of 

18 such technology by health care providers in 

19 such communities, and the use of health infor20 mation technology to reduce and better manage 

21 chronic diseases. 

22 ‘‘(D) EVALUATION OF BENEFITS AND

23 COSTS OF THE ELECTRONIC USE AND EX24 CHANGE OF HEALTH INFORMATION.—The Na25 tional Coordinator shall evaluate and publish 
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1 evidence on the benefits and costs of the elec2 tronic use and exchange of health information 

3 and assess to whom these benefits and costs ac4 crue. 

5 ‘‘(E) RESOURCE REQUIREMENTS.—The 

6 National Coordinator shall estimate and publish 

7 resources required annually to reach the goal of 

8 utilization of an electronic health record for 

9 each person in the United States by 2014, in10 cluding the required level of Federal funding, 

11 expectations for regional, State, and private in12 vestment, and the expected contributions by vol13 unteers to activities for the utilization of such 

14 records. 

15 ‘‘(7) ASSISTANCE.—The National Coordinator 

16 may provide financial assistance to consumer advo17 cacy groups and not-for-profit entities that work in 

18 the public interest for purposes of defraying the cost 

19 to such groups and entities to participate under, 

20 whether in whole or in part, the National Tech21 nology Transfer Act of 1995 (15 U.S.C. 272 note). 

22 ‘‘(8) GOVERNANCE FOR NATIONWIDE HEALTH

23 INFORMATION NETWORK.—The National Coordi24 nator shall establish a governance mechanism for the 

25 nationwide health information network. 
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1 ‘‘(d) DETAIL OF FEDERAL EMPLOYEES.— 

2 ‘‘(1) IN GENERAL.—Upon the request of the 

3 National Coordinator, the head of any Federal agen4 cy is authorized to detail, with or without reimburse5 ment from the Office, any of the personnel of such 

6 agency to the Office to assist it in carrying out its 

7 duties under this section. 

8 ‘‘(2) EFFECT OF DETAIL.—Any detail of per9 sonnel under paragraph (1) shall— 

10 ‘‘(A) not interrupt or otherwise affect the 

11 civil service status or privileges of the Federal 

12 employee; and 

13 ‘‘(B) be in addition to any other staff of 

14 the Department employed by the National Co15 ordinator. 

16 ‘‘(3) ACCEPTANCE OF DETAILEES.—Notwith17 standing any other provision of law, the Office may 

18 accept detailed personnel from other Federal agen19 cies without regard to whether the agency described 

20 under paragraph (1) is reimbursed. 

21 ‘‘(e) CHIEF PRIVACY OFFICER OF THE OFFICE OF

22 THE NATIONAL COORDINATOR.—Not later than 12 

23 months after the date of the enactment of this title, the 

24 Secretary shall appoint a Chief Privacy Officer of the Of25 fice of the National Coordinator, whose duty it shall be 
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1 to advise the National Coordinator on privacy, security, 

2 and data stewardship of electronic health information and 

3 to coordinate with other Federal agencies (and similar pri4 vacy officers in such agencies), with State and regional 

5 efforts, and with foreign countries with regard to the pri6 vacy, security, and data stewardship of electronic individ7 ually identifiable health information. 

8 ‘‘SEC. 3002. HIT POLICY COMMITTEE. 

9 ‘‘(a) ESTABLISHMENT.—There is established a HIT 

10 Policy Committee to make policy recommendations to the 

11 National Coordinator relating to the implementation of a 

12 nationwide health information technology infrastructure, 

13 including implementation of the strategic plan described 

14 in section 3001(c)(3). 

15 ‘‘(b) DUTIES.— 

16 ‘‘(1) RECOMMENDATIONS ON HEALTH INFOR17 MATION TECHNOLOGY INFRASTRUCTURE.—The HIT 

18 Policy Committee shall recommend a policy frame19 work for the development and adoption of a nation20 wide health information technology infrastructure 

21 that permits the electronic exchange and use of 

22 health information as is consistent with the strategic 

23 plan under section 3001(c)(3) and that includes the 

24 recommendations under paragraph (2). The Com-
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1 mittee shall update such recommendations and make 

2 new recommendations as appropriate. 

3 ‘‘(2) SPECIFIC AREAS OF STANDARD DEVELOP4 MENT.— 

5 ‘‘(A) IN GENERAL.—The HIT Policy Com6 mittee shall recommend the areas in which 

7 standards, implementation specifications, and 

8 certification criteria are needed for the elec9 tronic exchange and use of health information 

10 for purposes of adoption under section 3004 

11 and shall recommend an order of priority for 

12 the development, harmonization, and recogni13 tion of such standards, specifications, and cer14 tification criteria among the areas so rec15 ommended. Such standards and implementation 

16 specifications shall include named standards, 

17 architectures, and software schemes for the au18 thentication and security of individually identifi19 able health information and other information 

20 as needed to ensure the reproducible develop21 ment of common solutions across disparate en22 tities. 

23 ‘‘(B) AREAS REQUIRED FOR CONSIDER24 ATION.—For purposes of subparagraph (A), the 
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1 HIT Policy Committee shall make recommenda2 tions for at least the following areas: 

3 ‘‘(i) Technologies that protect the pri4 vacy of health information and promote se5 curity in a qualified electronic health 

6 record, including for the segmentation and 

7 protection from disclosure of specific and 

8 sensitive individually identifiable health in9 formation with the goal of minimizing the 

10 reluctance of patients to seek care (or dis11 close information about a condition) be12 cause of privacy concerns, in accordance 

13 with applicable law, and for the use and 

14 disclosure of limited data sets of such in15 formation. 

16 ‘‘(ii) A nationwide health information 

17 technology infrastructure that allows for 

18 the electronic use and accurate exchange of 

19 health information. 

20 ‘‘(iii) The utilization of a certified 

21 electronic health record for each person in 

22 the United States by 2014. 

23 ‘‘(iv) Technologies that as a part of a 

24 qualified electronic health record allow for 

25 an accounting of disclosures made by a 
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1 covered entity (as defined for purposes of 

2 regulations promulgated under section 

3 264(c) of the Health Insurance Portability 

4 and Accountability Act of 1996) for pur5 poses of treatment, payment, and health 

6 care operations (as such terms are defined 

7 for purposes of such regulations). 

8 ‘‘(v) The use of certified electronic 

9 health records to improve the quality of 

10 health care, such as by promoting the co11 ordination of health care and improving 

12 continuity of health care among health 

13 care providers, by reducing medical errors, 

14 by improving population health, reducing 

15 chronic disease, and by advancing research 

16 and education. 

17 ‘‘(C) OTHER AREAS FOR CONSIDER18 ATION.—In making recommendations under 

19 subparagraph (A), the HIT Policy Committee 

20 may consider the following additional areas: 

21 ‘‘(i) The appropriate uses of a nation22 wide health information infrastructure, in23 cluding for purposes of— 

24 ‘‘(I) the collection of quality data 

25 and public reporting; 
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1 ‘‘(II) biosurveillance and public 

2 health; 

3 ‘‘(III) medical and clinical re4 search; and 

5 ‘‘(IV) drug safety. 

6 ‘‘(ii) Self-service technologies that fa7 cilitate the use and exchange of patient in8 formation and reduce wait times. 

9 ‘‘(iii) Telemedicine technologies, in 

10 order to reduce travel requirements for pa11 tients in remote areas. 

12 ‘‘(iv) Technologies that facilitate home 

13 health care and the monitoring of patients 

14 recuperating at home. 

15 ‘‘(v) Technologies that help reduce 

16 medical errors. 

17 ‘‘(vi) Technologies that facilitate the 

18 continuity of care among health settings. 

19 ‘‘(vii) Technologies that meet the 

20 needs of diverse populations. 

21 ‘‘(viii) Technologies and design fea22 tures that address the needs of children 

23 and other vulnerable populations. 

24 ‘‘(ix) Any other technology that the 

25 HIT Policy Committee finds to be among 
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1 the technologies with the greatest potential 

2 to improve the quality and efficiency of 

3 health care. 

4 ‘‘(3) FORUM.—The HIT Policy Committee shall 

5 serve as a forum for broad stakeholder input with 

6 specific expertise in policies relating to the matters 

7 described in paragraphs (1) and (2). 

8 ‘‘(c) MEMBERSHIP AND OPERATIONS.— 

9 ‘‘(1) IN GENERAL.—The National Coordinator 

10 shall provide leadership in the establishment and op11 erations of the HIT Policy Committee. 

12 ‘‘(2) MEMBERSHIP.—The membership of the 

13 HIT Policy Committee shall at least reflect pro14 viders, ancillary healthcare workers, consumers, pur15 chasers, health plans, technology vendors, research16 ers, relevant Federal agencies, and individuals with 

17 technical expertise on health care quality, privacy 

18 and security, and on the electronic exchange and use 

19 of health information. 

20 ‘‘(3) CONSIDERATION.—The National Coordi21 nator shall ensure that the relevant recommenda22 tions and comments from the National Committee 

23 on Vital and Health Statistics are considered in the 

24 development of policies. 
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1 ‘‘(d) APPLICATION OF FACA.—The Federal Advisory 

2 Committee Act (5 U.S.C. App.), other than section 14 of 

3 such Act, shall apply to the HIT Policy Committee. 

4 ‘‘(e) PUBLICATION.—The Secretary shall provide for 

5 publication in the Federal Register and the posting on the 

6 Internet website of the Office of the National Coordinator 

7 for Health Information Technology of all policy rec8 ommendations made by the HIT Policy Committee under 

9 this section. 

10 ‘‘SEC. 3003. HIT STANDARDS COMMITTEE. 

11 ‘‘(a) ESTABLISHMENT.—There is established a com12 mittee to be known as the HIT Standards Committee to 

13 recommend to the National Coordinator standards, imple14 mentation specifications, and certification criteria for the 

15 electronic exchange and use of health information for pur16 poses of adoption under section 3004, consistent with the 

17 implementation of the strategic plan described in section 

18 3001(c)(3) and beginning with the areas listed in section 

19 3002(b)(2)(B) in accordance with policies developed by 

20 the HIT Policy Committee. 

21 ‘‘(b) DUTIES.— 

22 ‘‘(1) STANDARD DEVELOPMENT.— 

23 ‘‘(A) IN GENERAL.—The HIT Standards 

24 Committee shall recommend to the National 

25 Coordinator standards, implementation speci-
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1 fications, and certification criteria described in 

2 subsection (a) that have been developed, har3 monized, or recognized by the HIT Standards 

4 Committee. The HIT Standards Committee 

5 shall update such recommendations and make 

6 new recommendations as appropriate, including 

7 in response to a notification sent under section 

8 3004(b)(2). Such recommendations shall be 

9 consistent with the latest recommendations 

10 made by the HIT Policy Committee. 

11 ‘‘(B) PILOT TESTING OF STANDARDS AND

12 IMPLEMENTATION SPECIFICATIONS.—In the de13 velopment, harmonization, or recognition of 

14 standards and implementation specifications, 

15 the HIT Standards Committee shall, as appro16 priate, provide for the testing of such standards 

17 and specifications by the National Institute for 

18 Standards and Technology under section 14201 

19 of the Health Information Technology for Eco20 nomic and Clinical Health Act. 

21 ‘‘(C) CONSISTENCY.—The standards, im22 plementation specifications, and certification 

23 criteria recommended under this subsection 

24 shall be consistent with the standards for infor25 mation transactions and data elements adopted 
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1 pursuant to section 1173 of the Social Security 

2 Act. 

3 ‘‘(2) FORUM.—The HIT Standards Committee 

4 shall serve as a forum for the participation of a 

5 broad range of stakeholders to provide input on the 

6 development, harmonization, and recognition of 

7 standards, implementation specifications, and certifi8 cation criteria necessary for the development and 

9 adoption of a nationwide health information tech10 nology infrastructure that allows for the electronic 

11 use and exchange of health information. 

12 ‘‘(3) SCHEDULE.—Not later than 90 days after 

13 the date of the enactment of this title, the HIT 

14 Standards Committee shall develop a schedule for 

15 the assessment of policy recommendations developed 

16 by the HIT Policy Committee under section 3002. 

17 The HIT Standards Committee shall update such 

18 schedule annually. The Secretary shall publish such 

19 schedule in the Federal Register. 

20 ‘‘(4) PUBLIC INPUT.—The HIT Standards 

21 Committee shall conduct open public meetings and 

22 develop a process to allow for public comment on the 

23 schedule described in paragraph (3) and rec24 ommendations described in this subsection. Under 

25 such process comments shall be submitted in a time-
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1 ly manner after the date of publication of a rec2 ommendation under this subsection. 

3 ‘‘(c) MEMBERSHIP AND OPERATIONS.— 

4 ‘‘(1) IN GENERAL.—The National Coordinator 

5 shall provide leadership in the establishment and op6 erations of the HIT Standards Committee. 

7 ‘‘(2) MEMBERSHIP.—The membership of the 

8 HIT Standards Committee shall at least reflect pro9 viders, ancillary healthcare workers, consumers, pur10 chasers, health plans, technology vendors, research11 ers, relevant Federal agencies, and individuals with 

12 technical expertise on health care quality, privacy 

13 and security, and on the electronic exchange and use 

14 of health information. 

15 ‘‘(3) CONSIDERATION.—The National Coordi16 nator shall ensure that the relevant recommenda17 tions and comments from the National Committee 

18 on Vital and Health Statistics are considered in the 

19 development of standards. 

20 ‘‘(4) ASSISTANCE.—For the purposes of car21 rying out this section, the Secretary may provide or 

22 ensure that financial assistance is provided by the 

23 HIT Standards Committee to defray in whole or in 

24 part any membership fees or dues charged by such 

25 Committee to those consumer advocacy groups and 
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1 not for profit entities that work in the public inter2 est as a part of their mission. 

3 ‘‘(d) APPLICATION OF FACA.—The Federal Advisory 

4 Committee Act (5 U.S.C. App.), other than section 14, 

5 shall apply to the HIT Standards Committee. 

6 ‘‘(e) PUBLICATION.—The Secretary shall provide for 

7 publication in the Federal Register and the posting on the 

8 Internet website of the Office of the National Coordinator 

9 for Health Information Technology of all recommenda10 tions made by the HIT Standards Committee under this 

11 section. 

12 ‘‘SEC. 3004. PROCESS FOR ADOPTION OF ENDORSED REC13 OMMENDATIONS; ADOPTION OF INITIAL SET 

14 OF STANDARDS, IMPLEMENTATION SPECI15 FICATIONS, AND CERTIFICATION CRITERIA. 

16 ‘‘(a) PROCESS FOR ADOPTION OF ENDORSED REC17 OMMENDATIONS.— 

18 ‘‘(1) REVIEW OF ENDORSED STANDARDS, IM19 PLEMENTATION SPECIFICATIONS, AND CERTIFI20 CATION CRITERIA.—Not later than 90 days after the 

21 date of receipt of standards, implementation speci22 fications, or certification criteria endorsed under sec23 tion 3001(c), the Secretary, in consultation with rep24 resentatives of other relevant Federal agencies, shall 

25 jointly review such standards, implementation speci-
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1 fications, or certification criteria and shall determine 

2 whether or not to propose adoption of such stand3 ards, implementation specifications, or certification 

4 criteria. 

5 ‘‘(2) DETERMINATION TO ADOPT STANDARDS, 

6 IMPLEMENTATION SPECIFICATIONS, AND CERTIFI7 CATION CRITERIA.—If the Secretary determines— 

8 ‘‘(A) to propose adoption of any grouping 

9 of such standards, implementation specifica10 tions, or certification criteria, the Secretary 

11 shall, by regulation, determine whether or not 

12 to adopt such grouping of standards, implemen13 tation specifications, or certification criteria; or 

14 ‘‘(B) not to propose adoption of any group15 ing of standards, implementation specifications, 

16 or certification criteria, the Secretary shall no17 tify the National Coordinator and the HIT 

18 Standards Committee in writing of such deter19 mination and the reasons for not proposing the 

20 adoption of such recommendation. 

21 ‘‘(3) PUBLICATION.—The Secretary shall pro22 vide for publication in the Federal Register of all de23 terminations made by the Secretary under para24 graph (1). 
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1 ‘‘(b) ADOPTION OF INITIAL SET OF STANDARDS, IM2 PLEMENTATION SPECIFICATIONS, AND CERTIFICATION

3 CRITERIA.— 

4 ‘‘(1) IN GENERAL.—Not later than December 

5 31, 2009, the Secretary shall, through the rule6 making process described in section 3003, adopt an 

7 initial set of standards, implementation specifica8 tions, and certification criteria for the areas required 

9 for consideration under section 3002(b)(2)(B). 

10 ‘‘(2) APPLICATION OF CURRENT STANDARDS, 

11 IMPLEMENTATION SPECIFICATIONS, AND CERTIFI12 CATION CRITERIA.—The standards, implementation 

13 specifications, and certification criteria adopted be14 fore the date of the enactment of this title through 

15 the process existing through the Office of the Na16 tional Coordinator for Health Information Tech17 nology may be applied towards meeting the require18 ment of paragraph (1). 

19 ‘‘SEC. 3005. APPLICATION AND USE OF ADOPTED STAND20 ARDS AND IMPLEMENTATION SPECIFICA21 TIONS BY FEDERAL AGENCIES. 

22 ‘‘For requirements relating to the application and use 

23 by Federal agencies of the standards and implementation 

24 specifications adopted under section 3004, see section 
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1 13111 of the Health Information Technology for Eco2 nomic and Clinical Health Act. 

3 ‘‘SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPT4 ED STANDARDS AND IMPLEMENTATION 

5 SPECIFICATIONS BY PRIVATE ENTITIES. 

6 ‘‘(a) IN GENERAL.—Except as provided under section 

7 13112 of the Health Information Technology for Eco8 nomic and Clinical Health Act, any standard or implemen9 tation specification adopted under section 3004 shall be 

10 voluntary with respect to private entities. 

11 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sub12 title shall be construed to require that a private entity that 

13 enters into a contract with the Federal Government apply 

14 or use the standards and implementation specifications 

15 adopted under section 3004 with respect to activities not 

16 related to the contract. 

17 ‘‘SEC. 3007. FEDERAL HEALTH INFORMATION TECH18 NOLOGY. 

19 ‘‘(a) IN GENERAL.—The National Coordinator shall 

20 support the development, routine updating and provision 

21 of qualified EHR technology (as defined in section 3000) 

22 consistent with subsections (b) and (c) unless the Sec23 retary determines that the needs and demands of pro24 viders are being substantially and adequately met through 

25 the marketplace. 
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1 ‘‘(b) CERTIFICATION.—In making such EHR tech2 nology publicly available, the National Coordinator shall 

3 ensure that the qualified EHR technology described in 

4 subsection (a) is certified under the program developed 

5 under section 3001(c)(3) to be in compliance with applica6 ble standards adopted under section 3003(a). 

7 ‘‘(c) AUTHORIZATION TO CHARGE A NOMINAL

8 FEE.—The National Coordinator may impose a nominal 

9 fee for the adoption by a health care provider of the health 

10 information technology system developed or approved 

11 under subsection (a) and (b). Such fee shall take into ac12 count the financial circumstances of smaller providers, low 

13 income providers, and providers located in rural or other 

14 medically underserved areas. 

15 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to require that a private or govern17 ment entity adopt or use the technology provided under 

18 this section. 

19 ‘‘SEC. 3008. TRANSITIONS. 

20 ‘‘(a) ONCHIT.—To the extent consistent with sec21 tion 3001, all functions, personnel, assets, liabilities, and 

22 administrative actions applicable to the National Coordi23 nator for Health Information Technology appointed under 

24 Executive Order 13335 or the Office of such National Co25 ordinator on the date before the date of the enactment 
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1 of this title shall be transferred to the National Coordi2 nator appointed under section 3001(a) and the Office of 

3 such National Coordinator as of the date of the enactment 

4 of this title. 

5 ‘‘(b) AHIC.— 

6 ‘‘(1) To the extent consistent with sections 

7 3002 and 3003, all functions, personnel, assets, and 

8 liabilities applicable to the AHIC Successor, Inc. 

9 doing business as the National eHealth Collaborative 

10 as of the day before the date of the enactment of 

11 this title shall be transferred to the HIT Policy 

12 Committee or the HIT Standards Committee, estab13 lished under section 3002(a) or 3003(a), as appro14 priate, as of the date of the enactment of this title. 

15 ‘‘(2) In carrying out section 3003(b)(1)(A), 

16 until recommendations are made by the HIT Policy 

17 Committee, recommendations of the HIT Standards 

18 Committee shall be consistent with the most recent 

19 recommendations made by such AHIC Successor, 

20 Inc. 

21 ‘‘(c) RULES OF CONSTRUCTION.— 

22 ‘‘(1) ONCHIT.—Nothing in section 3001 or 

23 subsection (a) shall be construed as requiring the 

24 creation of a new entity to the extent that the Office 

25 of the National Coordinator for Health Information 
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1 Technology established pursuant to Executive Order 

2 13335 is consistent with the provisions of section 

3 3001. 

4 ‘‘(2) AHIC.—Nothing in sections 3002 or 3003 

5 or subsection (b) shall be construed as prohibiting 

6 the AHIC Successor, Inc. doing business as the Na7 tional eHealth Collaborative from modifying its char8 ter, duties, membership, and any other structure or 

9 function required to be consistent with section 3002 

10 and 3003 in a manner that would permit the Sec11 retary to choose to recognize such AHIC Successor, 

12 Inc. as the HIT Policy Committee or the HIT 

13 Standards Committee. 

14 ‘‘SEC. 3009. RELATION TO HIPAA PRIVACY AND SECURITY 

15 LAW. 

16 ‘‘(a) IN GENERAL.—With respect to the relation of 

17 this title to HIPAA privacy and security law: 

18 ‘‘(1) This title may not be construed as having 

19 any effect on the authorities of the Secretary under 

20 HIPAA privacy and security law. 

21 ‘‘(2) The purposes of this title include ensuring 

22 that the health information technology standards 

23 and implementation specifications adopted under 

24 section 3004 take into account the requirements of 

25 HIPAA privacy and security law. 
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1 ‘‘(b) DEFINITION.—For purposes of this section, the 

2 term ‘HIPAA privacy and security law’ means— 

3 ‘‘(1) the provisions of part C of title XI of the 

4 Social Security Act, section 264 of the Health Insur5 ance Portability and Accountability Act of 1996, and 

6 subtitle D of the Health Information Technology for 

7 Economic and Clinical Health Act; and 

8 ‘‘(2) regulations under such provisions.’’. 

9 SEC. 13102. TECHNICAL AMENDMENT. 

10 Section 1171(5) of the Social Security Act (42 U.S.C. 

11 1320d) is amended by striking ‘‘or C’’ and inserting ‘‘C, 

12 or D’’. 

13 PART II—APPLICATION AND USE OF ADOPTED 

14 HEALTH INFORMATION TECHNOLOGY 

15 STANDARDS; REPORTS 

16 SEC. 13111. COORDINATION OF FEDERAL ACTIVITIES WITH 

17 ADOPTED STANDARDS AND IMPLEMENTA18 TION SPECIFICATIONS. 

19 (a) SPENDING ON HEALTH INFORMATION TECH20 NOLOGY SYSTEMS.—As each agency (as defined in the Ex21 ecutive Order issued on August 22, 2006, relating to pro22 moting quality and efficient health care in Federal govern23 ment administered or sponsored health care programs) im24 plements, acquires, or upgrades health information tech25 nology systems used for the direct exchange of individually 
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1 identifiable health information between agencies and with 

2 non-Federal entities, it shall utilize, where available, 

3 health information technology systems and products that 

4 meet standards and implementation specifications adopted 

5 under section 3004(b) of the Public Health Service Act, 

6 as added by section 13101. 

7 (b) FEDERAL INFORMATION COLLECTION ACTIVI8 TIES.—With respect to a standard or implementation 

9 specification adopted under section 3004(b) of the Public 

10 Health Service Act, as added by section 13101, the Presi11 dent shall take measures to ensure that Federal activities 

12 involving the broad collection and submission of health in13 formation are consistent with such standard or implemen14 tation specification, respectively, within three years after 

15 the date of such adoption. 

16 (c) APPLICATION OF DEFINITIONS.—The definitions 

17 contained in section 3000 of the Public Health Service 

18 Act, as added by section 13101, shall apply for purposes 

19 of this part. 

20 SEC. 13112. APPLICATION TO PRIVATE ENTITIES. 

21 Each agency (as defined in such Executive Order 

22 issued on August 22, 2006, relating to promoting quality 

23 and efficient health care in Federal government adminis24 tered or sponsored health care programs) shall require in 

25 contracts or agreements with health care providers, health 
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1 plans, or health insurance issuers that as each provider, 

2 plan, or issuer implements, acquires, or upgrades health 

3 information technology systems, it shall utilize, where 

4 available, health information technology systems and prod5 ucts that meet standards and implementation specifica6 tions adopted under section 3004(b) of the Public Health 

7 Service Act, as added by section 13101. 

8 SEC. 13113. STUDY AND REPORTS. 

9 (a) REPORT ON ADOPTION OF NATIONWIDE SYS10 TEM.—Not later than 2 years after the date of the enact11 ment of this Act and annually thereafter, the Secretary 

12 of Health and Human Services shall submit to the appro13 priate committees of jurisdiction of the House of Rep14 resentatives and the Senate a report that— 

15 (1) describes the specific actions that have been 

16 taken by the Federal Government and private enti17 ties to facilitate the adoption of a nationwide system 

18 for the electronic use and exchange of health infor19 mation; 

20 (2) describes barriers to the adoption of such a 

21 nationwide system; and 

22 (3) contains recommendations to achieve full 

23 implementation of such a nationwide system. 

24 (b) REIMBURSEMENT INCENTIVE STUDY AND RE25 PORT.— 
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1 (1) STUDY.—The Secretary of Health and 

2 Human Services shall carry out, or contract with a 

3 private entity to carry out, a study that examines 

4 methods to create efficient reimbursement incentives 

5 for improving health care quality in Federally quali6 fied health centers, rural health clinics, and free 

7 clinics. 

8 (2) REPORT.—Not later than 2 years after the 

9 date of the enactment of this Act, the Secretary of 

10 Health and Human Services shall submit to the ap11 propriate committees of jurisdiction of the House of 

12 Representatives and the Senate a report on the 

13 study carried out under paragraph (1). 

14 (c) AGING SERVICES TECHNOLOGY STUDY AND RE15 PORT.— 

16 (1) IN GENERAL.—The Secretary of Health and 

17 Human Services shall carry out, or contract with a 

18 private entity to carry out, a study of matters relat19 ing to the potential use of new aging services tech20 nology to assist seniors, individuals with disabilities, 

21 and their caregivers throughout the aging process. 

22 (2) MATTERS TO BE STUDIED.—The study 

23 under paragraph (1) shall include— 

24 (A) an evaluation of— 
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1 (i) methods for identifying current, 

2 emerging, and future health technology 

3 that can be used to meet the needs of sen4 iors and individuals with disabilities and 

5 their caregivers across all aging services 

6 settings, as specified by the Secretary; 

7 (ii) methods for fostering scientific in8 novation with respect to aging services 

9 technology within the business and aca10 demic communities; and 

11 (iii) developments in aging services 

12 technology in other countries that may be 

13 applied in the United States; and 

14 (B) identification of— 

15 (i) barriers to innovation in aging 

16 services technology and devising strategies 

17 for removing such barriers; and 

18 (ii) barriers to the adoption of aging 

19 services technology by health care pro20 viders and consumers and devising strate21 gies to removing such barriers. 

22 (3) REPORT.—Not later than 24 months after 

23 the date of the enactment of this Act, the Secretary 

24 shall submit to the appropriate committees of juris25 diction of the House of Representatives and of the 
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1 Senate a report on the study carried out under para2 graph (1). 

3 (4) DEFINITIONS.—For purposes of this sub4 section: 

5 (A) AGING SERVICES TECHNOLOGY.—The 

6 term ‘‘aging services technology’’ means health 

7 technology that meets the health care needs of 

8 seniors, individuals with disabilities, and the 

9 caregivers of such seniors and individuals. 

10 (B) SENIOR.—The term ‘‘senior’’ has such 

11 meaning as specified by the Secretary. 

12 Subtitle B—Testing of Health 

13 Information Technology 

14 SEC. 13201. NATIONAL INSTITUTE FOR STANDARDS AND 

15 TECHNOLOGY TESTING. 

16 (a) PILOT TESTING OF STANDARDS AND IMPLEMEN17 TATION SPECIFICATIONS.—In coordination with the HIT 

18 Standards Committee established under section 3003 of 

19 the Public Health Service Act, as added by section 13101, 

20 with respect to the development of standards and imple21 mentation specifications under such section, the Director 

22 of the National Institute for Standards and Technology 

23 shall test such standards and implementation specifica24 tions, as appropriate, in order to assure the efficient im-
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1 plementation and use of such standards and implementa2 tion specifications. 

3 (b) VOLUNTARY TESTING PROGRAM.—In coordina4 tion with the HIT Standards Committee established under 

5 section 3003 of the Public Health Service Act, as added 

6 by section 13101, with respect to the development of 

7 standards and implementation specifications under such 

8 section, the Director of the National Institute of Stand9 ards and Technology shall support the establishment of 

10 a conformance testing infrastructure, including the devel11 opment of technical test beds. The development of this 

12 conformance testing infrastructure may include a program 

13 to accredit independent, non-Federal laboratories to per14 form testing. 

15 SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS. 

16 (a) HEALTH CARE INFORMATION ENTERPRISE INTE17 GRATION RESEARCH CENTERS.— 

18 (1) IN GENERAL.—The Director of the National 

19 Institute of Standards and Technology, in consulta20 tion with the Director of the National Science Foun21 dation and other appropriate Federal agencies, shall 

22 establish a program of assistance to institutions of 

23 higher education (or consortia thereof which may in24 clude nonprofit entities and Federal Government 
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1 laboratories) to establish multidisciplinary Centers 

2 for Health Care Information Enterprise Integration. 

3 (2) REVIEW; COMPETITION.—Grants shall be 

4 awarded under this subsection on a merit-reviewed, 

5 competitive basis. 

6 (3) PURPOSE.—The purposes of the Centers de7 scribed in paragraph (1) shall be— 

8 (A) to generate innovative approaches to 

9 health care information enterprise integration 

10 by conducting cutting-edge, multidisciplinary 

11 research on the systems challenges to health 

12 care delivery; and 

13 (B) the development and use of health in14 formation technologies and other complemen15 tary fields. 

16 (4) RESEARCH AREAS.—Research areas may in17 clude— 

18 (A) interfaces between human information 

19 and communications technology systems; 

20 (B) voice-recognition systems; 

21 (C) software that improves interoperability 

22 and connectivity among health information sys23 tems; 

24 (D) software dependability in systems crit25 ical to health care delivery; 
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1 (E) measurement of the impact of informa2 tion technologies on the quality and productivity 

3 of health care; 

4 (F) health information enterprise manage5 ment; 

6 (G) health information technology security 

7 and integrity; and 

8 (H) relevant health information technology 

9 to reduce medical errors. 

10 (5) APPLICATIONS.—An institution of higher 

11 education (or a consortium thereof) seeking funding 

12 under this subsection shall submit an application to 

13 the Director of the National Institute of Standards 

14 and Technology at such time, in such manner, and 

15 containing such information as the Director may re16 quire. The application shall include, at a minimum, 

17 a description of— 

18 (A) the research projects that will be un19 dertaken by the Center established pursuant to 

20 assistance under paragraph (1) and the respec21 tive contributions of the participating entities; 

22 (B) how the Center will promote active col23 laboration among scientists and engineers from 

24 different disciplines, such as information tech-
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1 nology, biologic sciences, management, social 

2 sciences, and other appropriate disciplines; 

3 (C) technology transfer activities to dem4 onstrate and diffuse the research results, tech5 nologies, and knowledge; and 

6 (D) how the Center will contribute to the 

7 education and training of researchers and other 

8 professionals in fields relevant to health infor9 mation enterprise integration. 

10 (b) NATIONAL INFORMATION TECHNOLOGY RE11 SEARCH AND DEVELOPMENT PROGRAM.—The National 

12 High-Performance Computing Program established by 

13 section 101 of the High-Performance Computing Act of 

14 1991 (15 U.S.C. 5511) shall coordinate Federal research 

15 and development programs related to the development and 

16 deployment of health information technology, including ac17 tivities related to— 

18 (1) computer infrastructure; 

19 (2) data security; 

20 (3) development of large-scale, distributed, reli21 able computing systems; 

22 (4) wired, wireless, and hybrid high-speed net23 working; 

24 (5) development of software and software-inten25 sive systems; 
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1 (6) human-computer interaction and informa2 tion management technologies; and 

3 (7) the social and economic implications of in4 formation technology. 

5 Subtitle C—Incentives for the Use 

6 of Health Information Technology 

7 PART I—GRANTS AND LOANS FUNDING 

8 SEC. 13301. GRANT, LOAN, AND DEMONSTRATION PRO9 GRAMS. 

10 Title XXX of the Public Health Service Act, as added 

11 by section 13101, is amended by adding at the end the 

12 following new subtitle: 

13 ‘‘Subtitle B—Incentives for the Use 

14 of Health Information Technology 

15 ‘‘SEC. 3011. IMMEDIATE FUNDING TO STRENGTHEN THE 

16 HEALTH INFORMATION TECHNOLOGY INFRA17 STRUCTURE. 

18 ‘‘(a) IN GENERAL.—The Secretary of Health and 

19 Human Services shall, using amounts appropriated under 

20 section 3018, invest in the infrastructure necessary to 

21 allow for and promote the electronic exchange and use of 

22 health information for each individual in the United States 

23 consistent with the goals outlined in the strategic plan de24 veloped by the National Coordinator (and, as available) 

25 under section 3001. To the greatest extent practicable, the 
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1 Secretary shall ensure that any funds so appropriated 

2 shall be used for the acquisition of health information 

3 technology that meets standards and certification criteria 

4 adopted before the date of the enactment of this title until 

5 such date as the standards are adopted under section 

6 3004. The Secretary shall invest funds through the dif7 ferent agencies with expertise in such goals, such as the 

8 Office of the National Coordinator for Health Information 

9 Technology, the Health Resources and Services Adminis10 tration, the Agency for Healthcare Research and Quality, 

11 the Centers of Medicare & Medicaid Services, the Centers 

12 for Disease Control and Prevention, and the Indian 

13 Health Service to support the following: 

14 ‘‘(1) Health information technology architecture 

15 that will support the nationwide electronic exchange 

16 and use of health information in a secure, private, 

17 and accurate manner, including connecting health 

18 information exchanges, and which may include up19 dating and implementing the infrastructure nec20 essary within different agencies of the Department 

21 of Health and Human Services to support the elec22 tronic use and exchange of health information. 

23 ‘‘(2) Development and adoption of appropriate 

24 certified electronic health records for categories of 

25 providers not eligible for support under title XVIII 
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1 or XIX of the Social Security Act for the adoption 

2 of such records. 

3 ‘‘(3) Training on and dissemination of informa4 tion on best practices to integrate health information 

5 technology, including electronic health records, into 

6 a provider’s delivery of care, consistent with best 

7 practices learned from the Health Information Tech8 nology Research Center developed under section 

9 3012, including community health centers receiving 

10 assistance under section 330 of the Public Health 

11 Service Act, covered entities under section 340B of 

12 such Act, and providers participating in one or more 

13 of the programs under titles XVIII, XIX, and XXI 

14 of the Social Security Act (relating to Medicare, 

15 Medicaid, and the State Children’s Health Insurance 

16 Program). 

17 ‘‘(4) Infrastructure and tools for the promotion 

18 of telemedicine, including coordination among Fed19 eral agencies in the promotion of telemedicine. 

20 ‘‘(5) Promotion of the interoperability of clinical 

21 data repositories or registries. 

22 ‘‘(6) Promotion of technologies and best prac23 tices that enhance the protection of health informa24 tion by all holders of individually identifiable health 

25 information. 
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1 ‘‘(7) Improve and expand the use of health in2 formation technology by public health departments. 

3 ‘‘(8) Provide $300,000,000 to support regional 

4 or sub-national efforts towards health information 

5 exchange. 

6 ‘‘(b) COORDINATION.—The Secretary shall ensure 

7 funds under this section are used in a coordinated manner 

8 with other health information promotion activities. 

9 ‘‘(c) ADDITIONAL USE OF FUNDS.—In addition to 

10 using funds as provided in subsection (a), the Secretary 

11 may use amounts appropriated under section 3018 to 

12 carry out activities that are provided for under laws in 

13 effect on the date of enactment of this title. 

14 ‘‘SEC. 3012. HEALTH INFORMATION TECHNOLOGY IMPLE15 MENTATION ASSISTANCE. 

16 ‘‘(a) HEALTH INFORMATION TECHNOLOGY EXTEN17 SION PROGRAM.—To assist health care providers to adopt, 

18 implement, and effectively use certified EHR technology 

19 that allows for the electronic exchange and use of health 

20 information, the Secretary, acting through the Office of 

21 the National Coordinator, shall establish a health informa22 tion technology extension program to provide health infor23 mation technology assistance services to be carried out 

24 through the Department of Health and Human Services. 

25 The National Coordinator shall consult with other Federal 
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1 agencies with demonstrated experience and expertise in in2 formation technology services, such as the National Insti3 tute of Standards and Technology, in developing and im4 plementing this program. 

5 ‘‘(b) HEALTH INFORMATION TECHNOLOGY RE6 SEARCH CENTER.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall create 

8 a Health Information Technology Research Center 

9 (in this section referred to as the ‘Center’) to pro10 vide technical assistance and develop or recognize 

11 best practices to support and accelerate efforts to 

12 adopt, implement, and effectively utilize health infor13 mation technology that allows for the electronic ex14 change and use of information in compliance with 

15 standards, implementation specifications, and certifi16 cation criteria adopted under section 3004(b). 

17 ‘‘(2) INPUT.—The Center shall incorporate 

18 input from— 

19 ‘‘(A) other Federal agencies with dem20 onstrated experience and expertise in informa21 tion technology services such as the National 

22 Institute of Standards and Technology; 

23 ‘‘(B) users of health information tech24 nology, such as providers and their support and 

25 clerical staff and others involved in the care and 
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1 care coordination of patients, from the health 

2 care and health information technology indus3 try; and 

4 ‘‘(C) others as appropriate. 

5 ‘‘(3) PURPOSES.—The purposes of the Center 

6 are to— 

7 ‘‘(A) provide a forum for the exchange of 

8 knowledge and experience; 

9 ‘‘(B) accelerate the transfer of lessons 

10 learned from existing public and private sector 

11 initiatives, including those currently receiving 

12 Federal financial support; 

13 ‘‘(C) assemble, analyze, and widely dis14 seminate evidence and experience related to the 

15 adoption, implementation, and effective use of 

16 health information technology that allows for 

17 the electronic exchange and use of information 

18 including through the regional centers described 

19 in subsection (c); 

20 ‘‘(D) provide technical assistance for the 

21 establishment and evaluation of regional and 

22 local health information networks to facilitate 

23 the electronic exchange of information across 

24 health care settings and improve the quality of 

25 health care; 
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1 ‘‘(E) provide technical assistance for the 

2 development and dissemination of solutions to 

3 barriers to the exchange of electronic health in4 formation; and 

5 ‘‘(F) learn about effective strategies to 

6 adopt and utilize health information technology 

7 in medically underserved communities. 

8 ‘‘(c) HEALTH INFORMATION TECHNOLOGY RE9 GIONAL EXTENSION CENTERS.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall provide 

11 assistance for the creation and support of regional 

12 centers (in this subsection referred to as ‘regional 

13 centers’) to provide technical assistance and dissemi14 nate best practices and other information learned 

15 from the Center to support and accelerate efforts to 

16 adopt, implement, and effectively utilize health infor17 mation technology that allows for the electronic ex18 change and use of information in compliance with 

19 standards, implementation specifications, and certifi20 cation criteria adopted under section 3004. Activities 

21 conducted under this subsection shall be consistent 

22 with the strategic plan developed by the National 

23 Coordinator (and, as available) under section 3001. 

24 ‘‘(2) AFFILIATION.—Regional centers shall be 

25 affiliated with any United States-based nonprofit in-
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1 stitution or organization, or group thereof, that ap2 plies and is awarded financial assistance under this 

3 section. Individual awards shall be decided on the 

4 basis of merit. 

5 ‘‘(3) OBJECTIVE.—The objective of the regional 

6 centers is to enhance and promote the adoption of 

7 health information technology through— 

8 ‘‘(A) assistance with the implementation, 

9 effective use, upgrading, and ongoing mainte10 nance of health information technology, includ11 ing electronic health records, to healthcare pro12 viders nationwide; 

13 ‘‘(B) broad participation of individuals 

14 from industry, universities, and State govern15 ments; 

16 ‘‘(C) active dissemination of best practices 

17 and research on the implementation, effective 

18 use, upgrading, and ongoing maintenance of 

19 health information technology, including elec20 tronic health records, to health care providers 

21 in order to improve the quality of healthcare 

22 and protect the privacy and security of health 

23 information; 

24 ‘‘(D) participation, to the extent prac25 ticable, in health information exchanges; 
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1 ‘‘(E) utilization, when appropriate, of the 

2 expertise and capability that exists in federal 

3 agencies other than the Department; and 

4 ‘‘(F) integration of health information 

5 technology, including electronic health records, 

6 into the initial and ongoing training of health 

7 professionals and others in the healthcare in8 dustry that would be instrumental to improving 

9 the quality of healthcare through the smooth 

10 and accurate electronic use and exchange of 

11 health information. 

12 ‘‘(4) REGIONAL ASSISTANCE.—Each regional 

13 center shall aim to provide assistance and education 

14 to all providers in a region, but shall prioritize any 

15 direct assistance first to the following: 

16 ‘‘(A) Public or not-for-profit hospitals or 

17 critical access hospitals. 

18 ‘‘(B) Federally qualified health centers (as 

19 defined in section 1861(aa)(4) of the Social Se20 curity Act). 

21 ‘‘(C) Entities that are located in rural and 

22 other areas that serve uninsured, underinsured, 

23 and medically underserved individuals (regard24 less of whether such area is urban or rural). 
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1 ‘‘(D) Individual or small group practices 

2 (or a consortium thereof) that are primarily fo3 cused on primary care. 

4 ‘‘(5) FINANCIAL SUPPORT.—The Secretary may 

5 provide financial support to any regional center cre6 ated under this subsection for a period not to exceed 

7 four years. The Secretary may not provide more 

8 than 50 percent of the capital and annual operating 

9 and maintenance funds required to create and main10 tain such a center, except in an instance of national 

11 economic conditions which would render this cost12 share requirement detrimental to the program and 

13 upon notification to Congress as to the justification 

14 to waive the cost-share requirement. 

15 ‘‘(6) NOTICE OF PROGRAM DESCRIPTION AND

16 AVAILABILITY OF FUNDS.—The Secretary shall pub17 lish in the Federal Register, not later than 90 days 

18 after the date of the enactment of this Act, a draft 

19 description of the program for establishing regional 

20 centers under this subsection. Such description shall 

21 include the following: 

22 ‘‘(A) A detailed explanation of the program 

23 and the programs goals. 

24 ‘‘(B) Procedures to be followed by the ap25 plicants. 
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1 ‘‘(C) Criteria for determining qualified ap2 plicants. 

3 ‘‘(D) Maximum support levels expected to 

4 be available to centers under the program. 

5 ‘‘(7) APPLICATION REVIEW.—The Secretary 

6 shall subject each application under this subsection 

7 to merit review. In making a decision whether to ap8 prove such application and provide financial support, 

9 the Secretary shall consider at a minimum the mer10 its of the application, including those portions of the 

11 application regarding— 

12 ‘‘(A) the ability of the applicant to provide 

13 assistance under this subsection and utilization 

14 of health information technology appropriate to 

15 the needs of particular categories of health care 

16 providers; 

17 ‘‘(B) the types of service to be provided to 

18 health care providers; 

19 ‘‘(C) geographical diversity and extent of 

20 service area; and 

21 ‘‘(D) the percentage of funding and 

22 amount of in-kind commitment from other 

23 sources. 

24 ‘‘(8) BIENNIAL EVALUATION.—Each regional 

25 center which receives financial assistance under this 
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1 subsection shall be evaluated biennially by an evalua2 tion panel appointed by the Secretary. Each evalua3 tion panel shall be composed of private experts, none 

4 of whom shall be connected with the center involved, 

5 and of Federal officials. Each evaluation panel shall 

6 measure the involved center’s performance against 

7 the objective specified in paragraph (3). The Sec8 retary shall not continue to provide funding to a re9 gional center unless its evaluation is overall positive. 

10 ‘‘(9) CONTINUING SUPPORT.—After the second 

11 year of assistance under this subsection a regional 

12 center may receive additional support under this 

13 subsection if it has received positive evaluations and 

14 a finding by the Secretary that continuation of Fed15 eral funding to the center was in the best interest 

16 of provision of health information technology exten17 sion services. 

18 ‘‘SEC. 3013. STATE GRANTS TO PROMOTE HEALTH INFOR19 MATION TECHNOLOGY. 

20 ‘‘(a) IN GENERAL.—The Secretary, acting through 

21 the National Coordinator, shall establish a program in ac22 cordance with this section to facilitate and expand the 

23 electronic movement and use of health information among 

24 organizations according to nationally recognized stand25 ards. 
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1 ‘‘(b) PLANNING GRANTS.—The Secretary may award 

2 a grant to a State or qualified State-designated entity (as 

3 described in subsection (d)) that submits an application 

4 to the Secretary at such time, in such manner, and con5 taining such information as the Secretary may specify, for 

6 the purpose of planning activities described in subsection 

7 (b). 

8 ‘‘(c) IMPLEMENTATION GRANTS.—The Secretary 

9 may award a grant to a State or qualified State designated 

10 entity that— 

11 ‘‘(1) has submitted, and the Secretary has ap12 proved, a plan described in subsection (c) (regardless 

13 of whether such plan was prepared using amounts 

14 awarded under paragraph (1)); and 

15 ‘‘(2) submits an application at such time, in 

16 such manner, and containing such information as 

17 the Secretary may specify. 

18 ‘‘(d) USE OF FUNDS.—Amounts received under a 

19 grant under subsection (a)(3) shall be used to conduct ac20 tivities to facilitate and expand the electronic movement 

21 and use of health information among organizations ac22 cording to nationally recognized standards through activi23 ties that include— 
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1 ‘‘(1) enhancing broad and varied participation 

2 in the authorized and secure nationwide electronic 

3 use and exchange of health information; 

4 ‘‘(2) identifying State or local resources avail5 able towards a nationwide effort to promote health 

6 information technology; 

7 ‘‘(3) complementing other Federal grants, pro8 grams, and efforts towards the promotion of health 

9 information technology; 

10 ‘‘(4) providing technical assistance for the de11 velopment and dissemination of solutions to barriers 

12 to the exchange of electronic health information; 

13 ‘‘(5) promoting effective strategies to adopt and 

14 utilize health information technology in medically 

15 underserved communities; 

16 ‘‘(6) assisting patients in utilizing health infor17 mation technology; 

18 ‘‘(7) encouraging clinicians to work with Health 

19 Information Technology Regional Extension Centers 

20 as described in section 3012, to the extent they are 

21 available and valuable; 

22 ‘‘(8) supporting public health agencies’ author23 ized use of and access to electronic health informa24 tion; 
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1 ‘‘(9) promoting the use of electronic health 

2 records for quality improvement including through 

3 quality measures reporting; and 

4 ‘‘(10) such other activities as the Secretary may 

5 specify. 

6 ‘‘(e) PLAN.— 

7 ‘‘(1) IN GENERAL.—A plan described in this 

8 subsection is a plan that describes the activities to 

9 be carried out by a State or by the qualified State10 designated entity within such State to facilitate and 

11 expand the electronic movement and use of health 

12 information among organizations according to na13 tionally recognized standards and implementation 

14 specifications. 

15 ‘‘(2) REQUIRED ELEMENTS.—A plan described 

16 in paragraph (1) shall— 

17 ‘‘(A) be pursued in the public interest; 

18 ‘‘(B) be consistent with the strategic plan 

19 developed by the National Coordinator (and, as 

20 available) under section 3001; 

21 ‘‘(C) include a description of the ways the 

22 State or qualified State-designated entity will 

23 carry out the activities described in subsection 

24 (b); and 
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1 ‘‘(D) contain such elements as the Sec2 retary may require. 

3 ‘‘(f) QUALIFIED STATE-DESIGNATED ENTITY.—For 

4 purposes of this section, to be a qualified State-designated 

5 entity, with respect to a State, an entity shall— 

6 ‘‘(1) be designated by the State as eligible to 

7 receive awards under this section; 

8 ‘‘(2) be a not-for-profit entity with broad stake9 holder representation on its governing board; 

10 ‘‘(3) demonstrate that one of its principal goals 

11 is to use information technology to improve health 

12 care quality and efficiency through the authorized 

13 and secure electronic exchange and use of health in14 formation; 

15 ‘‘(4) adopt nondiscrimination and conflict of in16 terest policies that demonstrate a commitment to 

17 open, fair, and nondiscriminatory participation by 

18 stakeholders; and 

19 ‘‘(5) conform to such other requirements as the 

20 Secretary may establish. 

21 ‘‘(g) REQUIRED CONSULTATION.—In carrying out 

22 activities described in subsections (a)(2) and (a)(3), a 

23 State or qualified State-designated entity shall consult 

24 with and consider the recommendations of— 
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1 ‘‘(1) health care providers (including providers 

2 that provide services to low income and underserved 

3 populations); 

4 ‘‘(2) health plans; 

5 ‘‘(3) patient or consumer organizations that 

6 represent the population to be served; 

7 ‘‘(4) health information technology vendors; 

8 ‘‘(5) health care purchasers and employers; 

9 ‘‘(6) public health agencies; 

10 ‘‘(7) health professions schools, universities and 

11 colleges; 

12 ‘‘(8) clinical researchers; 

13 ‘‘(9) other users of health information tech14 nology such as the support and clerical staff of pro15 viders and others involved in the care and care co16 ordination of patients; and 

17 ‘‘(10) such other entities, as may be determined 

18 appropriate by the Secretary. 

19 ‘‘(h) CONTINUOUS IMPROVEMENT.—The Secretary 

20 shall annually evaluate the activities conducted under this 

21 section and shall, in awarding grants under this section, 

22 implement the lessons learned from such evaluation in a 

23 manner so that awards made subsequent to each such 

24 evaluation are made in a manner that, in the determina25 tion of the Secretary, will lead towards the greatest im-
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1 provement in quality of care, decrease in costs, and the 

2 most effective authorized and secure electronic exchange 

3 of health information. 

4 ‘‘(i) REQUIRED MATCH.— 

5 ‘‘(1) IN GENERAL.—For a fiscal year (begin6 ning with fiscal year 2011), the Secretary may not 

7 make a grant under subsection (a) to a State unless 

8 the State agrees to make available non-Federal con9 tributions (which may include in-kind contributions) 

10 toward the costs of a grant awarded under sub11 section (a)(3) in an amount equal to— 

12 ‘‘(A) for fiscal year 2011, not less than $1 

13 for each $10 of Federal funds provided under 

14 the grant; 

15 ‘‘(B) for fiscal year 2012, not less than $1 

16 for each $7 of Federal funds provided under 

17 the grant; and 

18 ‘‘(C) for fiscal year 2013 and each subse19 quent fiscal year, not less than $1 for each $3 

20 of Federal funds provided under the grant. 

21 ‘‘(2) AUTHORITY TO REQUIRE STATE MATCH

22 FOR FISCAL YEARS BEFORE FISCAL YEAR 2011.—For 

23 any fiscal year during the grant program under this 

24 section before fiscal year 2011, the Secretary may 

25 determine the extent to which there shall be required 
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1 a non-Federal contribution from a State receiving a 

2 grant under this section. 

3 ‘‘SEC. 3014. COMPETITIVE GRANTS TO STATES AND INDIAN 

4 TRIBES FOR THE DEVELOPMENT OF LOAN 

5 PROGRAMS TO FACILITATE THE WIDE6 SPREAD ADOPTION OF CERTIFIED EHR TECH7 NOLOGY. 

8 ‘‘(a) IN GENERAL.—The National Coordinator may 

9 award competitive grants to eligible entities for the estab10 lishment of programs for loans to health care providers 

11 to conduct the activities described in subsection (e). 

12 ‘‘(b) ELIGIBLE ENTITY DEFINED.—For purposes of 

13 this subsection, the term ‘eligible entity’ means a State 

14 or Indian tribe (as defined in the Indian Self-Determina15 tion and Education Assistance Act) that— 

16 ‘‘(1) submits to the National Coordinator an 

17 application at such time, in such manner, and con18 taining such information as the National Coordi19 nator may require; 

20 ‘‘(2) submits to the National Coordinator a 

21 strategic plan in accordance with subsection (d) and 

22 provides to the National Coordinator assurances that 

23 the entity will update such plan annually in accord24 ance with such subsection; 
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1 ‘‘(3) provides assurances to the National Coor2 dinator that the entity will establish a Loan Fund 

3 in accordance with subsection (c); 

4 ‘‘(4) provides assurances to the National Coor5 dinator that the entity will not provide a loan from 

6 the Loan Fund to a health care provider unless the 

7 provider agrees to— 

8 ‘‘(A) submit reports on quality measures 

9 adopted by the Federal Government (by not 

10 later than 90 days after the date on which such 

11 measures are adopted), to— 

12 ‘‘(i) the Director of the Centers for 

13 Medicare & Medicaid Services (or his or 

14 her designee), in the case of an entity par15 ticipating in the Medicare program under 

16 title XVIII of the Social Security Act or 

17 the Medicaid program under title XIX of 

18 such Act; or 

19 ‘‘(ii) the Secretary in the case of other 

20 entities; 

21 ‘‘(B) demonstrate to the satisfaction of the 

22 Secretary (through criteria established by the 

23 Secretary) that any certified EHR technology 

24 purchased, improved, or otherwise financially 

25 supported under a loan under this section is 
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1 used to exchange health information in a man2 ner that, in accordance with law and standards 

3 (as adopted under section 3005) applicable to 

4 the exchange of information, improves the qual5 ity of health care, such as promoting care co6 ordination; 

7 ‘‘(C) comply with such other requirements 

8 as the entity or the Secretary may require; 

9 ‘‘(D) include a plan on how healthcare pro10 viders involved intend to maintain and support 

11 the certified EHR technology over time; and 

12 ‘‘(E) include a plan on how the healthcare 

13 providers involved intend to maintain and sup14 port the certified EHR technology that would 

15 be purchased with such loan, including the type 

16 of resources expected to be involved and any 

17 such other information as the State or Indian 

18 tribe, respectively, may require; and 

19 ‘‘(5) agrees to provide matching funds in ac20 cordance with subsection (i). 

21 ‘‘(c) ESTABLISHMENT OF FUND.—For purposes of 

22 subsection (b)(3), an eligible entity shall establish a cer23 tified EHR technology loan fund (referred to in this sub24 section as a ‘Loan Fund’) and comply with the other re25 quirements contained in this section. A grant to an eligible 
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1 entity under this section shall be deposited in the Loan 

2 Fund established by the eligible entity. No funds author3 ized by other provisions of this title to be used for other 

4 purposes specified in this title shall be deposited in any 

5 Loan Fund. 

6 ‘‘(d) STRATEGIC PLAN.— 

7 ‘‘(1) IN GENERAL.—For purposes of subsection 

8 (b)(2), a strategic plan of an eligible entity under 

9 this subsection shall identify the intended uses of 

10 amounts available to the Loan Fund of such entity. 

11 ‘‘(2) CONTENTS.—A strategic plan under para12 graph (1), with respect to a Loan Fund of an eligi13 ble entity, shall include for a year the following: 

14 ‘‘(A) A list of the projects to be assisted 

15 through the Loan Fund during such year. 

16 ‘‘(B) A description of the criteria and 

17 methods established for the distribution of 

18 funds from the Loan Fund during the year. 

19 ‘‘(C) A description of the financial status 

20 of the Loan Fund as of the date of submission 

21 of the plan. 

22 ‘‘(D) The short-term and long-term goals 

23 of the Loan Fund. 

24 ‘‘(e) USE OF FUNDS.—Amounts deposited in a Loan 

25 Fund, including loan repayments and interest earned on 
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1 such amounts, shall be used only for awarding loans or 

2 loan guarantees, making reimbursements described in sub3 section (g)(4)(A), or as a source of reserve and security 

4 for leveraged loans, the proceeds of which are deposited 

5 in the Loan Fund established under subsection (a). Loans 

6 under this section may be used by a health care provider 

7 to— 

8 ‘‘(1) facilitate the purchase of certified EHR 

9 technology; 

10 ‘‘(2) enhance the utilization of certified EHR 

11 technology (which may include costs associated with 

12 upgrading health information technology so that it 

13 meets criteria necessary to be a certified EHR tech14 nology); 

15 ‘‘(3) train personnel in the use of such tech16 nology; or 

17 ‘‘(4) improve the secure electronic exchange of 

18 health information. 

19 ‘‘(f) TYPES OF ASSISTANCE.—Except as otherwise 

20 limited by applicable State law, amounts deposited into a 

21 Loan Fund under this subsection may only be used for 

22 the following: 

23 ‘‘(1) To award loans that comply with the fol24 lowing: 
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1 ‘‘(A) The interest rate for each loan shall 

2 not exceed the market interest rate. 

3 ‘‘(B) The principal and interest payments 

4 on each loan shall commence not later than 1 

5 year after the date the loan was awarded, and 

6 each loan shall be fully amortized not later than 

7 10 years after the date of the loan. 

8 ‘‘(C) The Loan Fund shall be credited with 

9 all payments of principal and interest on each 

10 loan awarded from the Loan Fund. 

11 ‘‘(2) To guarantee, or purchase insurance for, 

12 a local obligation (all of the proceeds of which fi13 nance a project eligible for assistance under this 

14 subsection) if the guarantee or purchase would im15 prove credit market access or reduce the interest 

16 rate applicable to the obligation involved. 

17 ‘‘(3) As a source of revenue or security for the 

18 payment of principal and interest on revenue or gen19 eral obligation bonds issued by the eligible entity if 

20 the proceeds of the sale of the bonds will be depos21 ited into the Loan Fund. 

22 ‘‘(4) To earn interest on the amounts deposited 

23 into the Loan Fund. 

24 ‘‘(5) To make reimbursements described in sub25 section (g)(4)(A). 
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1 ‘‘(g) ADMINISTRATION OF LOAN FUNDS.— 

2 ‘‘(1) COMBINED FINANCIAL ADMINISTRATION.— 

3 An eligible entity may (as a convenience and to 

4 avoid unnecessary administrative costs) combine, in 

5 accordance with applicable State law, the financial 

6 administration of a Loan Fund established under 

7 this subsection with the financial administration of 

8 any other revolving fund established by the entity if 

9 otherwise not prohibited by the law under which the 

10 Loan Fund was established. 

11 ‘‘(2) COST OF ADMINISTERING FUND.—Each el12 igible entity may annually use not to exceed 4 per13 cent of the funds provided to the entity under a 

14 grant under this subsection to pay the reasonable 

15 costs of the administration of the programs under 

16 this section, including the recovery of reasonable 

17 costs expended to establish a Loan Fund which are 

18 incurred after the date of the enactment of this title. 

19 ‘‘(3) GUIDANCE AND REGULATIONS.—The Na20 tional Coordinator shall publish guidance and pro21 mulgate regulations as may be necessary to carry 

22 out the provisions of this section, including— 

23 ‘‘(A) provisions to ensure that each eligible 

24 entity commits and expends funds allotted to 

25 the entity under this subsection as efficiently as 
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1 possible in accordance with this title and appli2 cable State laws; and 

3 ‘‘(B) guidance to prevent waste, fraud, and 

4 abuse. 

5 ‘‘(4) PRIVATE SECTOR CONTRIBUTIONS.— 

6 ‘‘(A) IN GENERAL.—A Loan Fund estab7 lished under this subsection may accept con8 tributions from private sector entities, except 

9 that such entities may not specify the recipient 

10 or recipients of any loan issued under this sub11 section. An eligible entity may agree to reim12 burse a private sector entity for any contribu13 tion made under this subparagraph, except that 

14 the amount of such reimbursement may not be 

15 greater than the principal amount of the con16 tribution made. 

17 ‘‘(B) AVAILABILITY OF INFORMATION.— 

18 An eligible entity shall make publicly available 

19 the identity of, and amount contributed by, any 

20 private sector entity under subparagraph (A) 

21 and may issue letters of commendation or make 

22 other awards (that have no financial value) to 

23 any such entity. 

24 ‘‘(h) MATCHING REQUIREMENTS.— 
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1 ‘‘(1) IN GENERAL.—The National Coordinator 

2 may not make a grant under subsection (a) to an el3 igible entity unless the entity agrees to make avail4 able (directly or through donations from public or 

5 private entities) non-Federal contributions in cash to 

6 the costs of carrying out the activities for which the 

7 grant is awarded in an amount equal to not less 

8 than $1 for each $5 of Federal funds provided under 

9 the grant. 

10 ‘‘(2) DETERMINATION OF AMOUNT OF NON11 FEDERAL CONTRIBUTION.—In determining the 

12 amount of non-Federal contributions that an eligible 

13 entity has provided pursuant to subparagraph (A), 

14 the National Coordinator may not include any 

15 amounts provided to the entity by the Federal Gov16 ernment. 

17 ‘‘(i) EFFECTIVE DATE.—The Secretary may not 

18 make an award under this section prior to January 1, 

19 2010. 

20 ‘‘SEC. 3015. DEMONSTRATION PROGRAM TO INTEGRATE IN21 FORMATION TECHNOLOGY INTO CLINICAL 

22 EDUCATION. 

23 ‘‘(a) IN GENERAL.—The Secretary may award grants 

24 under this section to carry out demonstration projects to 

25 develop academic curricula integrating certified EHR 
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1 technology in the clinical education of health professionals. 

2 Such awards shall be made on a competitive basis and 

3 pursuant to peer review. 

4 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

5 under subsection (a), an entity shall— 

6 ‘‘(1) submit to the Secretary an application at 

7 such time, in such manner, and containing such in8 formation as the Secretary may require; 

9 ‘‘(2) submit to the Secretary a strategic plan 

10 for integrating certified EHR technology in the clin11 ical education of health professionals to reduce med12 ical errors, increase access to prevention, reduce 

13 chronic diseases, and enhance health care quality; 

14 ‘‘(3) be— 

15 ‘‘(A) a school of medicine, osteopathic 

16 medicine, dentistry, or pharmacy, a graduate 

17 program in behavioral or mental health, or any 

18 other graduate health professions school; 

19 ‘‘(B) a graduate school of nursing or phy20 sician assistant studies; 

21 ‘‘(C) a consortium of two or more schools 

22 described in subparagraph (A) or (B); or 

23 ‘‘(D) an institution with a graduate med24 ical education program in medicine, osteopathic 
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1 medicine, dentistry, pharmacy, nursing, or phy2 sician assistance studies. 

3 ‘‘(4) provide for the collection of data regarding 

4 the effectiveness of the demonstration project to be 

5 funded under the grant in improving the safety of 

6 patients, the efficiency of health care delivery, and 

7 in increasing the likelihood that graduates of the 

8 grantee will adopt and incorporate certified EHR 

9 technology, in the delivery of health care services; 

10 and 

11 ‘‘(5) provide matching funds in accordance with 

12 subsection (d). 

13 ‘‘(c) USE OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—With respect to a grant 

15 under subsection (a), an eligible entity shall— 

16 ‘‘(A) use grant funds in collaboration with 

17 2 or more disciplines; and 

18 ‘‘(B) use grant funds to integrate certified 

19 EHR technology into community-based clinical 

20 education. 

21 ‘‘(2) LIMITATION.—An eligible entity shall not 

22 use amounts received under a grant under sub23 section (a) to purchase hardware, software, or serv24 ices. 
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1 ‘‘(d) FINANCIAL SUPPORT.—The Secretary may not 

2 provide more than 50 percent of the costs of any activity 

3 for which assistance is provided under subsection (a), ex4 cept in an instance of national economic conditions which 

5 would render the cost-share requirement under this sub6 section detrimental to the program and upon notification 

7 to Congress as to the justification to waive the cost-share 

8 requirement. 

9 ‘‘(e) EVALUATION.—The Secretary shall take such 

10 action as may be necessary to evaluate the projects funded 

11 under this section and publish, make available, and dis12 seminate the results of such evaluations on as wide a basis 

13 as is practicable. 

14 ‘‘(f) REPORTS.—Not later than 1 year after the date 

15 of enactment of this title, and annually thereafter, the Sec16 retary shall submit to the Committee on Health, Edu17 cation, Labor, and Pensions and the Committee on Fi18 nance of the Senate, and the Committee on Energy and 

19 Commerce of the House of Representatives a report 

20 that— 

21 ‘‘(1) describes the specific projects established 

22 under this section; and 

23 ‘‘(2) contains recommendations for Congress 

24 based on the evaluation conducted under subsection 

25 (e). 
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1 ‘‘SEC. 3016. INFORMATION TECHNOLOGY PROFESSIONALS 

2 ON HEALTH CARE. 

3 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

4 with the Director of the National Science Foundation, 

5 shall provide assistance to institutions of higher education 

6 (or consortia thereof) to establish or expand medical 

7 health informatics education programs, including certifi8 cation, undergraduate, and masters degree programs, for 

9 both health care and information technology students to 

10 ensure the rapid and effective utilization and development 

11 of health information technologies (in the United States 

12 health care infrastructure). 

13 ‘‘(b) ACTIVITIES.—Activities for which assistance 

14 may be provided under subsection (a) may include the fol15 lowing: 

16 ‘‘(1) Developing and revising curricula in med17 ical health informatics and related disciplines. 

18 ‘‘(2) Recruiting and retaining students to the 

19 program involved. 

20 ‘‘(3) Acquiring equipment necessary for student 

21 instruction in these programs, including the installa22 tion of testbed networks for student use. 

23 ‘‘(4) Establishing or enhancing bridge programs 

24 in the health informatics fields between community 

25 colleges and universities. 
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1 ‘‘(c) PRIORITY.—In providing assistance under sub2 section (a), the Secretary shall give preference to the fol3 lowing: 

4 ‘‘(1) Existing education and training programs. 

5 ‘‘(2) Programs designed to be completed in less 

6 than six months. 

7 ‘‘(d) FINANCIAL SUPPORT.—The Secretary may not 

8 provide more than 50 percent of the costs of any activity 

9 for which assistance is provided under subsection (a), ex10 cept in an instance of national economic conditions which 

11 would render the cost-share requirement under this sub12 section detrimental to the program and upon notification 

13 to Congress as to the justification to waive the cost-share 

14 requirement. 

15 ‘‘SEC. 3017. GENERAL GRANT AND LOAN PROVISIONS. 

16 ‘‘(a) REPORTS.—The Secretary may require that an 

17 entity receiving assistance under this title shall submit to 

18 the Secretary, not later than the date that is 1 year after 

19 the date of receipt of such assistance, a report that in20 cludes— 

21 ‘‘(1) an analysis of the effectiveness of such ac22 tivities for which the entity receives such assistance, 

23 as compared to the goals for such activities; and 

24 ‘‘(2) an analysis of the impact of the project on 

25 healthcare quality and safety. 
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1 ‘‘(b) REQUIREMENT TO IMPROVE QUALITY OF CARE

2 AND DECREASE IN COSTS.—The National Coordinator 

3 shall annually evaluate the activities conducted under this 

4 title and shall, in awarding grants, implement the lessons 

5 learned from such evaluation in a manner so that awards 

6 made subsequent to each such evaluation are made in a 

7 manner that, in the determination of the National Coordi8 nator, will result in the greatest improvement in the qual9 ity and efficiency of health care. 

10 ‘‘SEC. 3018. AUTHORIZATION FOR APPROPRIATIONS. 

11 ‘‘For the purposes of carrying out this subtitle, there 

12 is authorized to be appropriated such sums as may be nec13 essary for each of the fiscal years 2009 through 2013. 

14 Amounts so appropriated shall remain available until ex15 pended.’’. 

16 Subtitle D—Privacy 

17 SEC. 13400. DEFINITIONS. 

18 In this subtitle, except as specified otherwise: 

19 (1) BREACH.—The term ‘‘breach’’ means the 

20 unauthorized acquisition, access, use, or disclosure 

21 of protected health information which compromises 

22 the security, privacy, or integrity of protected health 

23 information maintained by or on behalf of a person. 

24 Such term does not include any unintentional acqui25 sition, access, use, or disclosure of such information 
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1 by an employee or agent of the covered entity or 

2 business associate involved if such acquisition, ac3 cess, use, or disclosure, respectively, was made in 

4 good faith and within the course and scope of the 

5 employment or other contractual relationship of such 

6 employee or agent, respectively, with the covered en7 tity or business associate and if such information is 

8 not further acquired, accessed, used, or disclosed by 

9 such employee or agent. 

10 (2) BUSINESS ASSOCIATE.—The term ‘‘business 

11 associate’’ has the meaning given such term in sec12 tion 160.103 of title 45, Code of Federal Regula13 tions. 

14 (3) COVERED ENTITY.—The term ‘‘covered en15 tity’’ has the meaning given such term in section 

16 160.103 of title 45, Code of Federal Regulations. 

17 (4) DISCLOSE.—The terms ‘‘disclose’’ and ‘‘dis18 closure’’ have the meaning given the term ‘‘disclo19 sure’’ in section 160.103 of title 45, Code of Federal 

20 Regulations. 

21 (5) ELECTRONIC HEALTH RECORD.—The term 

22 ‘‘electronic health record’’ means an electronic 

23 record of health-related information on an individual 

24 that is created, gathered, managed, and consulted by 

25 authorized health care clinicians and staff. 
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1 (6) HEALTH CARE OPERATIONS.—The term 

2 ‘‘health care operation’’ has the meaning given such 

3 term in section 164.501 of title 45, Code of Federal 

4 Regulations. 

5 (7) HEALTH CARE PROVIDER.—The term 

6 ‘‘health care provider’’ has the meaning given such 

7 term in section 160.103 of title 45, Code of Federal 

8 Regulations. 

9 (8) HEALTH PLAN.—The term ‘‘health plan’’ 

10 has the meaning given such term in section 1171(5) 

11 of the Social Security Act. 

12 (9) NATIONAL COORDINATOR.—The term ‘‘Na13 tional Coordinator’’ means the head of the Office of 

14 the National Coordinator for Health Information 

15 Technology established under section 3001(a) of the 

16 Public Health Service Act, as added by section 

17 13101. 

18 (10) PAYMENT.—The term ‘‘payment’’ has the 

19 meaning given such term in section 164.501 of title 

20 45, Code of Federal Regulations. 

21 (11) PERSONAL HEALTH RECORD.—The term 

22 ‘‘personal health record’’ means an electronic record 

23 of individually identifiable health information on an 

24 individual that can be drawn from multiple sources 
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1 and that is managed, shared, and controlled by or 

2 for the individual. 

3 (12) PROTECTED HEALTH INFORMATION.—The 

4 term ‘‘protected health information’’ has the mean5 ing given such term in section 160.103 of title 45, 

6 Code of Federal Regulations. 

7 (13) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Health and Human Services. 

9 (14) SECURITY.—The term ‘‘security’’ has the 

10 meaning given such term in section 164.304 of title 

11 45, Code of Federal Regulations. 

12 (15) STATE.—The term ‘‘State’’ means each of 

13 the several States, the District of Columbia, Puerto 

14 Rico, the Virgin Islands, Guam, American Samoa, 

15 and the Northern Mariana Islands. 

16 (16) TREATMENT.—The term ‘‘treatment’’ has 

17 the meaning given such term in section 164.501 of 

18 title 45, Code of Federal Regulations. 

19 (17) USE.—The term ‘‘use’’ has the meaning 

20 given such term in section 160.103 of title 45, Code 

21 of Federal Regulations. 

22 (18) VENDOR OF PERSONAL HEALTH

23 RECORDS.—The term ‘‘vendor of personal health 

24 records’’ means an entity, other than a covered enti-
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1 ty (as defined in paragraph (3)), that offers or 

2 maintains a personal health record. 

3 PART I—IMPROVED PRIVACY PROVISIONS AND 

4 SECURITY PROVISIONS 

5 SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND 

6 PENALTIES TO BUSINESS ASSOCIATES OF 

7 COVERED ENTITIES; ANNUAL GUIDANCE ON 

8 SECURITY PROVISIONS. 

9 (a) APPLICATION OF SECURITY PROVISIONS.—Sec10 tions 164.308, 164.310, 164.312, and 164.316 of title 45, 

11 Code of Federal Regulations, shall apply to a business as12 sociate of a covered entity in the same manner that such 

13 sections apply to the covered entity. The additional re14 quirements of this title that relate to security and that 

15 are made applicable with respect to covered entities shall 

16 also be applicable to such a business associate and shall 

17 be incorporated into the business associate agreement be18 tween the business associate and the covered entity. 

19 (b) APPLICATION OF CIVIL AND CRIMINAL PEN20 ALTIES.—In the case of a business associate that violates 

21 any security provision specified in subsection (a), sections 

22 1176 and 1177 of the Social Security Act (42 U.S.C. 

23 1320d-5, 1320d-6) shall apply to the business associate 

24 with respect to such violation in the same manner such 
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1 sections apply to a covered entity that violates such secu2 rity provision. 

3 (c) ANNUAL GUIDANCE.—For the first year begin4 ning after the date of the enactment of this Act and annu5 ally thereafter, the Secretary of Health and Human Serv6 ices shall, in consultation with industry stakeholders, an7 nually issue guidance on the most effective and appro8 priate technical safeguards for use in carrying out the sec9 tions referred to in subsection (a) and the security stand10 ards in subpart C of part 164 of title 45, Code of Federal 

11 Regulations, as such provisions are in effect as of the date 

12 before the enactment of this Act. 

13 SEC. 13402. NOTIFICATION IN THE CASE OF BREACH. 

14 (a) IN GENERAL.—A covered entity that accesses, 

15 maintains, retains, modifies, records, stores, destroys, or 

16 otherwise holds, uses, or discloses unsecured protected 

17 health information (as defined in subsection (h)(1)) shall, 

18 in the case of a breach of such information that is discov19 ered by the covered entity, notify each individual whose 

20 unsecured protected health information has been, or is 

21 reasonably believed by the covered entity to have been, 

22 accessed, acquired, or disclosed as a result of such breach. 

23 (b) NOTIFICATION OF COVERED ENTITY BY BUSI24 NESS ASSOCIATE.—A business associate of a covered enti25 ty that accesses, maintains, retains, modifies, records, 
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1 stores, destroys, or otherwise holds, uses, or discloses un2 secured protected health information shall, following the 

3 discovery of a breach of such information, notify the cov4 ered entity of such breach. Such notice shall include the 

5 identification of each individual whose unsecured protected 

6 health information has been, or is reasonably believed by 

7 the business associate to have been, accessed, acquired, 

8 or disclosed during such breach. 

9 (c) BREACHES TREATED AS DISCOVERED.—For pur10 poses of this section, a breach shall be treated as discov11 ered by a covered entity or by a business associate as of 

12 the first day on which such breach is known to such entity 

13 or associate, respectively, (including any person, other 

14 than the individual committing the breach, that is an em15 ployee, officer, or other agent of such entity or associate, 

16 respectively) or should reasonably have been known to 

17 such entity or associate (or person) to have occurred. 

18 (d) TIMELINESS OF NOTIFICATION.— 

19 (1) IN GENERAL.—Subject to subsection (g), all 

20 notifications required under this section shall be 

21 made without unreasonable delay and in no case 

22 later than 60 calendar days after the discovery of a 

23 breach by the covered entity involved (or business 

24 associate involved in the case of a notification re25 quired under subsection (b)). 
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1 (2) BURDEN OF PROOF.—The covered entity in2 volved (or business associate involved in the case of 

3 a notification required under subsection (b)), shall 

4 have the burden of demonstrating that all notifica5 tions were made as required under this part, includ6 ing evidence demonstrating the necessity of any 

7 delay. 

8 (e) METHODS OF NOTICE.— 

9 (1) INDIVIDUAL NOTICE.—Notice required 

10 under this section to be provided to an individual, 

11 with respect to a breach, shall be provided promptly 

12 and in the following form: 

13 (A) Written notification by first-class mail 

14 to the individual (or the next of kin of the indi15 vidual if the individual is deceased) at the last 

16 known address of the individual or the next of 

17 kin, respectively, or, if specified as a preference 

18 by the individual, by electronic mail. The notifi19 cation may be provided in one or more mailings 

20 as information is available. 

21 (B) In the case in which there is insuffi22 cient, or out-of-date contact information (in23 cluding a phone number, email address, or any 

24 other form of appropriate communication) that 

25 precludes direct written (or, if specified by the 
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1 individual under subparagraph (A), electronic) 

2 notification to the individual, a substitute form 

3 of notice shall be provided, including, in the 

4 case that there are 10 or more individuals for 

5 which there is insufficient or out-of-date contact 

6 information, a conspicuous posting for a period 

7 determined by the Secretary on the home page 

8 of the Web site of the covered entity involved or 

9 notice in major print or broadcast media, in10 cluding major media in geographic areas where 

11 the individuals affected by the breach likely re12 side. Such a notice in media or web posting will 

13 include a toll-free phone number where an indi14 vidual can learn whether or not the individual’s 

15 unsecured protected health information is pos16 sibly included in the breach. 

17 (C) In any case deemed by the covered en18 tity involved to require urgency because of pos19 sible imminent misuse of unsecured protected 

20 health information, the covered entity, in addi21 tion to notice provided under subparagraph (A), 

22 may provide information to individuals by tele23 phone or other means, as appropriate. 

24 (2) MEDIA NOTICE.—Notice shall be provided 

25 to prominent media outlets serving a State or juris-
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1 diction, following the discovery of a breach described 

2 in subsection (a), if the unsecured protected health 

3 information of more than 500 residents of such 

4 State or jurisdiction is, or is reasonably believed to 

5 have been, accessed, acquired, or disclosed during 

6 such breach. 

7 (3) NOTICE TO SECRETARY.—Notice shall be 

8 provided to the Secretary by covered entities of un9 secured protected health information that has been 

10 acquired or disclosed in a breach. If the breach was 

11 with respect to 500 or more individuals than such 

12 notice must be provided immediately. If the breach 

13 was with respect to less than 500 individuals, the 

14 covered entity may maintain a log of any such 

15 breach occurring and annually submit such a log to 

16 the Secretary documenting such breaches occurring 

17 during the year involved. 

18 (4) POSTING ON HHS PUBLIC WEBSITE.—The 

19 Secretary shall make available to the public on the 

20 Internet website of the Department of Health and 

21 Human Services a list that identifies each covered 

22 entity involved in a breach described in subsection 

23 (a) in which the unsecured protected health informa24 tion of more than 500 individuals is acquired or dis25 closed. 
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1 (f) CONTENT OF NOTIFICATION.—Regardless of the 

2 method by which notice is provided to individuals under 

3 this section, notice of a breach shall include, to the extent 

4 possible, the following: 

5 (1) A brief description of what happened, in6 cluding the date of the breach and the date of the 

7 discovery of the breach, if known. 

8 (2) A description of the types of unsecured pro9 tected health information that were involved in the 

10 breach (such as full name, Social Security number, 

11 date of birth, home address, account number, or dis12 ability code). 

13 (3) The steps individuals should take to protect 

14 themselves from potential harm resulting from the 

15 breach. 

16 (4) A brief description of what the covered enti17 ty involved is doing to investigate the breach, to 

18 mitigate losses, and to protect against any further 

19 breaches. 

20 (5) Contact procedures for individuals to ask 

21 questions or learn additional information, which 

22 shall include a toll-free telephone number, an e-mail 

23 address, Web site, or postal address. 

24 (g) DELAY OF NOTIFICATION AUTHORIZED FOR LAW

25 ENFORCEMENT PURPOSES.—If a law enforcement official 
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1 determines that a notification, notice, or posting required 

2 under this section would impede a criminal investigation 

3 or cause damage to national security, such notification, 

4 notice, or posting shall be delayed in the same manner 

5 as provided under section 164.528(a)(2) of title 45, Code 

6 of Federal Regulations, in the case of a disclosure covered 

7 under such section. 

8 (h) UNSECURED PROTECTED HEALTH INFORMA9 TION.— 

10 (1) DEFINITION.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), for purposes of this section, the 

13 term ‘‘unsecured protected health information’’ 

14 means protected health information that is not 

15 secured through the use of a technology or 

16 methodology specified by the Secretary in the 

17 guidance issued under paragraph (2). 

18 (B) EXCEPTION IN CASE TIMELY GUID19 ANCE NOT ISSUED.—In the case that the Sec20 retary does not issue guidance under paragraph 

21 (2) by the date specified in such paragraph, for 

22 purposes of this section, the term ‘‘unsecured 

23 protected health information’’ shall mean pro24 tected health information that is not secured by 

25 a technology standard that renders protected 
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1 health information unusable, unreadable, or in2 decipherable to unauthorized individuals and is 

3 developed or endorsed by a standards devel4 oping organization that is accredited by the 

5 American National Standards Institute. 

6 (2) GUIDANCE.—For purposes of paragraph (1) 

7 and section 13407(f)(3), not later than the date that 

8 is 60 days after the date of the enactment of this 

9 Act, the Secretary shall, after consultation with 

10 stakeholders, issue (and annually update) guidance 

11 specifying the technologies and methodologies that 

12 render protected health information unusable, 

13 unreadable, or indecipherable to unauthorized indi14 viduals. 

15 (i) REPORT TO CONGRESS ON BREACHES.— 

16 (1) IN GENERAL.—Not later than 12 months 

17 after the date of the enactment of this Act and an18 nually thereafter, the Secretary shall prepare and 

19 submit to the Committee on Finance and the Com20 mittee on Health, Education, Labor, and Pensions 

21 of the Senate and the Committee on Ways and 

22 Means and the Committee on Energy and Commerce 

23 of the House of Representatives a report containing 

24 the information described in paragraph (2) regard-
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1 ing breaches for which notice was provided to the 

2 Secretary under subsection (e)(3). 

3 (2) INFORMATION.—The information described 

4 in this paragraph regarding breaches specified in 

5 paragraph (1) shall include— 

6 (A) the number and nature of such 

7 breaches; and 

8 (B) actions taken in response to such 

9 breaches. 

10 (j) REGULATIONS; EFFECTIVE DATE.—To carry out 

11 this section, the Secretary of Health and Human Services 

12 shall promulgate interim final regulations by not later 

13 than the date that is 180 days after the date of the enact14 ment of this title. The provisions of this section shall apply 

15 to breaches that are discovered on or after the date that 

16 is 30 days after the date of publication of such interim 

17 final regulations. 

18 SEC. 13403. EDUCATION ON HEALTH INFORMATION PRI19 VACY. 

20 (a) REGIONAL OFFICE PRIVACY ADVISORS.—Not 

21 later than 6 months after the date of the enactment of 

22 this Act, the Secretary shall designate an individual in 

23 each regional office of the Department of Health and 

24 Human Services to offer guidance and education to cov25 ered entities, business associates, and individuals on their 
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1 rights and responsibilities related to Federal privacy and 

2 security requirements for protected health information. 

3 (b) EDUCATION INITIATIVE ON USES OF HEALTH IN4 FORMATION.—Not later than 12 months after the date of 

5 the enactment of this Act, the Office for Civil Rights with6 in the Department of Health and Human Services shall 

7 develop and maintain a multi-faceted national education 

8 initiative to enhance public transparency regarding the 

9 uses of protected health information, including programs 

10 to educate individuals about the potential uses of their 

11 protected health information, the effects of such uses, and 

12 the rights of individuals with respect to such uses. Such 

13 programs shall be conducted in a variety of languages and 

14 present information in a clear and understandable man15 ner. 

16 SEC. 13404. APPLICATION OF PRIVACY PROVISIONS AND 

17 PENALTIES TO BUSINESS ASSOCIATES OF 

18 COVERED ENTITIES. 

19 (a) APPLICATION OF CONTRACT REQUIREMENTS.— 

20 In the case of a business associate of a covered entity that 

21 obtains or creates protected health information pursuant 

22 to a written contract (or other written arrangement) de23 scribed in section 164.502(e)(2) of title 45, Code of Fed24 eral Regulations, with such covered entity, the business 

25 associate may use and disclose such protected health infor-
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1 mation only if such use or disclosure, respectively, is in 

2 compliance with each applicable requirement of section 

3 164.504(e) of such title. The additional requirements of 

4 this subtitle that relate to privacy and that are made ap5 plicable with respect to covered entities shall also be appli6 cable to such a business associate and shall be incor7 porated into the business associate agreement between the 

8 business associate and the covered entity. 

9 (b) APPLICATION OF KNOWLEDGE ELEMENTS ASSO10 CIATED WITH CONTRACTS.—Section 164.504(e)(1)(ii) of 

11 title 45, Code of Federal Regulations, shall apply to a 

12 business associate described in subsection (a), with respect 

13 to compliance with such subsection, in the same manner 

14 that such section applies to a covered entity, with respect 

15 to compliance with the standards in sections 164.502(e) 

16 and 164.504(e) of such title, except that in applying such 

17 section 164.504(e)(1)(ii) each reference to the business as18 sociate, with respect to a contract, shall be treated as a 

19 reference to the covered entity involved in such contract. 

20 (c) APPLICATION OF CIVIL AND CRIMINAL PEN21 ALTIES.—In the case of a business associate that violates 

22 any provision of subsection (a) or (b), the provisions of 

23 sections 1176 and 1177 of the Social Security Act (42 

24 U.S.C. 1320d-5, 1320d-6) shall apply to the business as25 sociate with respect to such violation in the same manner 
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1 as such provisions apply to a person who violates a provi2 sion of part C of title XI of such Act. 

3 SEC. 13405. RESTRICTIONS ON CERTAIN DISCLOSURES AND 

4 SALES OF HEALTH INFORMATION; ACCOUNT5 ING OF CERTAIN PROTECTED HEALTH IN6 FORMATION DISCLOSURES; ACCESS TO CER7 TAIN INFORMATION IN ELECTRONIC FOR8 MAT. 

9 (a) REQUESTED RESTRICTIONS ON CERTAIN DIS10 CLOSURES OF HEALTH INFORMATION.—In the case that 

11 an individual requests under paragraph (a)(1)(i)(A) of 

12 section 164.522 of title 45, Code of Federal Regulations, 

13 that a covered entity restrict the disclosure of the pro14 tected health information of the individual, notwith15 standing paragraph (a)(1)(ii) of such section, the covered 

16 entity must comply with the requested restriction if— 

17 (1) except as otherwise required by law, the dis18 closure is to a health plan for purposes of carrying 

19 out payment or health care operations (and is not 

20 for purposes of carrying out treatment); and 

21 (2) the protected health information pertains 

22 solely to a health care item or service for which the 

23 health care provider involved has been paid out of 

24 pocket in full. 
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1 (b) DISCLOSURES REQUIRED TO BE LIMITED TO

2 THE LIMITED DATA SET OR THE MINIMUM NEC3 ESSARY.— 

4 (1) IN GENERAL.— 

5 (A) IN GENERAL.—Subject to subpara6 graph (B), a covered entity shall be treated as 

7 being in compliance with section 164.502(b)(1) 

8 of title 45, Code of Federal Regulations, with 

9 respect to the use, disclosure, or request of pro10 tected health information described in such sec11 tion, only if the covered entity limits such pro12 tected health information, to the extent prac13 ticable, to the limited data set (as defined in 

14 section 164.514(e)(2) of such title) or, if needed 

15 by such entity, to the minimum necessary to ac16 complish the intended purpose of such use, dis17 closure, or request, respectively. 

18 (B) GUIDANCE.—Not later than 18 

19 months after the date of the enactment of this 

20 section, the Secretary shall issue guidance on 

21 what constitutes ‘‘minimum necessary’’ for pur22 poses of subpart E of part 164 of title 45, Code 

23 of Federal Regulation. In issuing such guidance 

24 the Secretary shall take into consideration the 

25 guidance under section 13424(c). 
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1 (C) SUNSET.—Subparagraph (A) shall not 

2 apply on and after the effective date on which 

3 the Secretary issues the guidance under sub4 paragraph (B). 

5 (2) DETERMINATION OF MINIMUM NEC6 ESSARY.—For purposes of paragraph (1), in the 

7 case of the disclosure of protected health informa8 tion, the covered entity or business associate dis9 closing such information shall determine what con10 stitutes the minimum necessary to accomplish the 

11 intended purpose of such disclosure. 

12 (3) APPLICATION OF EXCEPTIONS.—The excep13 tions described in section 164.502(b)(2) of title 45, 

14 Code of Federal Regulations, shall apply to the re15 quirement under paragraph (1) as of the effective 

16 date described in section 13423 in the same manner 

17 that such exceptions apply to section 164.502(b)(1) 

18 of such title before such date. 

19 (4) RULE OF CONSTRUCTION.—Nothing in this 

20 subsection shall be construed as affecting the use, 

21 disclosure, or request of protected health information 

22 that has been de-identified. 

23 (c) ACCOUNTING OF CERTAIN PROTECTED HEALTH

24 INFORMATION DISCLOSURES REQUIRED IF COVERED EN25 TITY USES ELECTRONIC HEALTH RECORD.— 
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1 (1) IN GENERAL.—In applying section 164.528 

2 of title 45, Code of Federal Regulations, in the case 

3 that a covered entity uses or maintains an electronic 

4 health record with respect to protected health infor5 mation— 

6 (A) the exception under paragraph 

7 (a)(1)(i) of such section shall not apply to dis8 closures through an electronic health record 

9 made by such entity of such information; and 

10 (B) an individual shall have a right to re11 ceive an accounting of disclosures described in 

12 such paragraph of such information made by 

13 such covered entity during only the three years 

14 prior to the date on which the accounting is re15 quested. 

16 (2) REGULATIONS.—The Secretary shall pro17 mulgate regulations on what information shall be 

18 collected about each disclosure referred to in para19 graph (1)(A) not later than 18 months after the 

20 date on which the Secretary adopts standards on ac21 counting for disclosure described in the section 

22 3002(b)(2)(B)(iv) of the Public Health Service Act, 

23 as added by section 13101. Such regulations shall 

24 only require such information to be collected through 

25 an electronic health record in a manner that takes 
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1 into account the interests of individuals in learning 

2 the circumstances under which their protected health 

3 information is being disclosed and takes into account 

4 the administrative burden of accounting for such 

5 disclosures. 

6 (3) CONSTRUCTION.—Nothing in this sub7 section shall be construed as— 

8 (A) requiring a covered entity to account 

9 for disclosures of protected health information 

10 that are not made by such covered entity; or 

11 (B) requiring a business associate of a cov12 ered entity to account for disclosures of pro13 tected health information that are not made by 

14 such business associate. 

15 (4) REASONABLE FEE.—A covered entity may 

16 impose a reasonable fee on an individual for an ac17 counting performed under paragraph (1)(B). Any 

18 such fee shall not be greater than the entity’s labor 

19 costs in responding to the request. 

20 (5) EFFECTIVE DATE.— 

21 (A) CURRENT USERS OF ELECTRONIC

22 RECORDS.—In the case of a covered entity inso23 far as it acquired an electronic health record as 

24 of January 1, 2009, paragraph (1) shall apply 

25 to disclosures, with respect to protected health 
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1 information, made by the covered entity from 

2 such a record on and after January 1, 2014. 

3 (B) OTHERS.—In the case of a covered en4 tity insofar as it acquires an electronic health 

5 record after January 1, 2010, paragraph (1) 

6 shall apply to disclosures, with respect to pro7 tected health information, made by the covered 

8 entity from such record on and after the later 

9 of the following: 

10 (i) January 1, 2011; or 

11 (ii) the date that it acquires an elec12 tronic health record. 

13 (d) REVIEW OF HEALTH CARE OPERATIONS.—Not 

14 later than 18 months after the date of the enactment of 

15 this title, the Secretary shall promulgate regulations to 

16 eliminate from the definition of health care operations 

17 under section 164.501 of title 45, Code of Federal Regula18 tions, those activities that can reasonably and efficiently 

19 be conducted through the use of information that is de20 identified (in accordance with the requirements of section 

21 164.514(b) of such title) or that should require a valid 

22 authorization for use or disclosure. In promulgating such 

23 regulations, the Secretary may choose to narrow or clarify 

24 activities that the Secretary chooses to retain in the defini25 tion of health care operations and the Secretary shall take 
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1 into account the report under section 13424(d). In such 

2 regulations the Secretary shall specify the date on which 

3 such regulations shall apply to disclosures made by a cov4 ered entity, but in no case would such date be sooner than 

5 the date that is 24 months after the date of the enactment 

6 of this section. 

7 (e) PROHIBITION ON SALE OF ELECTRONIC HEALTH

8 RECORDS OR PROTECTED HEALTH INFORMATION OB9 TAINED FROM ELECTRONIC HEALTH RECORDS.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), a covered entity or business associate 

12 shall not directly or indirectly receive remuneration 

13 in exchange for any protected health information of 

14 an individual unless the covered entity obtained from 

15 the individual, in accordance with section 164.508 of 

16 title 45, Code of Federal Regulations, a valid au17 thorization that includes, in accordance with such 

18 section, a specification of whether the protected 

19 health information can be further exchanged for re20 muneration by the entity receiving protected health 

21 information of that individual. 

22 (2) EXCEPTIONS.—Paragraph (1) shall not 

23 apply in the following cases: 

24 (A) The purpose of the exchange is for re25 search or public health activities (as described 
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1 in sections 164.501, 164.512(i), and 164.512(b) 

2 of title 45, Code of Federal Regulations) and 

3 the price charged reflects the costs of prepara4 tion and transmittal of the data for such pur5 pose. 

6 (B) The purpose of the exchange is for the 

7 treatment of the individual and the price 

8 charges reflects not more than the costs of 

9 preparation and transmittal of the data for 

10 such purpose. 

11 (C) The purpose of the exchange is the 

12 health care operation specifically described in 

13 subparagraph (iv) of paragraph (6) of the defi14 nition of healthcare operations in section 

15 164.501 of title 45, Code of Federal Regula16 tions. 

17 (D) The purpose of the exchange is for re18 muneration that is provided by a covered entity 

19 to a business associate for activities involving 

20 the exchange of protected health information 

21 that the business associate undertakes on behalf 

22 of and at the specific request of the covered en23 tity pursuant to a business associate agreement. 

24 (E) The purpose of the exchange is to pro25 vide an individual with a copy of the individ-
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1 ual’s protected health information pursuant to 

2 section 164.524 of title 45, Code of Federal 

3 Regulations. 

4 (F) The purpose of the exchange is other5 wise determined by the Secretary in regulations 

6 to be similarly necessary and appropriate as the 

7 exceptions provided in subparagraphs (A) 

8 through (E). 

9 (3) REGULATIONS.—The Secretary shall pro10 mulgate regulations to carry out this subsection, in11 cluding exceptions described in paragraph (2), not 

12 later than 18 months after the date of the enact13 ment of this title. 

14 (4) EFFECTIVE DATE.—Paragraph (1) shall 

15 apply to exchanges occurring on or after the date 

16 that is 6 months after the date of the promulgation 

17 of final regulations implementing this subsection. 

18 (f) ACCESS TO CERTAIN INFORMATION IN ELEC19 TRONIC FORMAT.—In applying section 164.524 of title 

20 45, Code of Federal Regulations, in the case that a cov21 ered entity uses or maintains an electronic health record 

22 with respect to protected health information of an indi23 vidual— 
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1 (1) the individual shall have a right to obtain 

2 from such covered entity a copy of such information 

3 in an electronic format; and 

4 (2) notwithstanding paragraph (c)(4) of such 

5 section, any fee that the covered entity may impose 

6 for providing such individual with a copy of such in7 formation (or a summary or explanation of such in8 formation) if such copy (or summary or explanation) 

9 is in an electronic form shall not be greater than the 

10 entity’s labor costs in responding to the request for 

11 the copy (or summary or explanation). 

12 SEC. 13406. CONDITIONS ON CERTAIN CONTACTS AS PART 

13 OF HEALTH CARE OPERATIONS. 

14 (a) MARKETING.— 

15 (1) IN GENERAL.—A communication by a cov16 ered entity or business associate that is about a 

17 product or service and that encourages recipients of 

18 the communication to purchase or use the product 

19 or service shall not be considered a health care oper20 ation for purposes of subpart E of part 164 of title 

21 45, Code of Federal Regulations, unless the commu22 nication is made as described in subparagraph (i), 

23 (ii), or (iii) of paragraph (1) of the definition of 

24 marketing in section 164.501 of such title. 
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1 (2) PAYMENT FOR CERTAIN COMMUNICA2 TIONS.—A covered entity or business associate may 

3 not receive direct or indirect payment in exchange 

4 for making any communication described in sub5 paragraph (i), (ii), or (iii) of paragraph (1) of the 

6 definition of marketing in section 164.501 of title 

7 45, Code of Federal Regulations, except— 

8 (A) a business associate of a covered entity 

9 may receive payment from the covered entity 

10 for making any such communication on behalf 

11 of the covered entity that is consistent with the 

12 written contract (or other written arrangement) 

13 described in section 164.502(e)(2) of such title 

14 between such business associate and covered en15 tity; 

16 (B) a covered entity may receive payment 

17 in exchange for making any such communica18 tion if the entity obtains from the recipient of 

19 the communication, in accordance with section 

20 164.508 of title 45, Code of Federal Regula21 tions, a valid authorization (as described in 

22 paragraph (b) of such section) with respect to 

23 such communication; and 

24 (C) where such communication describes 

25 only a health care item or service that has pre-
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1 viously been prescribed for or administered to 

2 the recipient of the communication, or a family 

3 member of such recipient. 

4 (b) FUNDRAISING.—Fundraising for the benefit of a 

5 covered entity shall not be considered a health care oper6 ation for purposes of section 164.501 of title 45, Code of 

7 Federal Regulations. 

8 (c) EFFECTIVE DATE.—This section shall apply to 

9 contracting occurring on or after the effective date speci10 fied under section 13423. 

11 SEC. 13407. TEMPORARY BREACH NOTIFICATION REQUIRE12 MENT FOR VENDORS OF PERSONAL HEALTH 

13 RECORDS AND OTHER NON-HIPAA COVERED 

14 ENTITIES. 

15 (a) IN GENERAL.—In accordance with subsection (c), 

16 each vendor of personal health records, following the dis17 covery of a breach of security of unsecured PHR identifi18 able health information that is in a personal health record 

19 maintained or offered by such vendor, and each entity de20 scribed in clause (ii) or (iii) of section 13424(b)(1)(A), fol21 lowing the discovery of a breach of security of such infor22 mation that is obtained through a product or service pro23 vided by such entity, shall— 

24 (1) notify each individual who is a citizen or 

25 resident of the United States whose unsecured PHR 
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1 identifiable health information was acquired by an 

2 unauthorized person as a result of such a breach of 

3 security; and 

4 (2) notify the Federal Trade Commission. 

5 (b) NOTIFICATION BY THIRD PARTY SERVICE PRO6 VIDERS.—A third party service provider that provides 

7 services to a vendor of personal health records or to an 

8 entity described in clause (ii) or (iii) of section 

9 13424(b)(1)(A) in connection with the offering or mainte10 nance of a personal health record or a related product or 

11 service and that accesses, maintains, retains, modifies, 

12 records, stores, destroys, or otherwise holds, uses, or dis13 closes unsecured PHR identifiable health information in 

14 such a record as a result of such services shall, following 

15 the discovery of a breach of security of such information, 

16 notify such vendor or entity, respectively, of such breach. 

17 Such notice shall include the identification of each indi18 vidual whose unsecured PHR identifiable health informa19 tion has been, or is reasonably believed to have been, 

20 accessed, acquired, or disclosed during such breach. 

21 (c) APPLICATION OF REQUIREMENTS FOR TIMELI22 NESS, METHOD, AND CONTENT OF NOTIFICATIONS.— 

23 Subsections (c), (d), (e), and (f) of section 13402 shall 

24 apply to a notification required under subsection (a) and 

25 a vendor of personal health records, an entity described 
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1 in subsection (a) and a third party service provider de2 scribed in subsection (b), with respect to a breach of secu3 rity under subsection (a) of unsecured PHR identifiable 

4 health information in such records maintained or offered 

5 by such vendor, in a manner specified by the Federal 

6 Trade Commission. 

7 (d) NOTIFICATION OF THE SECRETARY.—Upon re8 ceipt of a notification of a breach of security under sub9 section (a)(2), the Federal Trade Commission shall notify 

10 the Secretary of such breach. 

11 (e) ENFORCEMENT.—A violation of subsection (a) or 

12 (b) shall be treated as an unfair and deceptive act or prac13 tice in violation of a regulation under section 18(a)(1)(B) 

14 of the Federal Trade Commission Act (15 U.S.C. 

15 57a(a)(1)(B)) regarding unfair or deceptive acts or prac16 tices. 

17 (f) DEFINITIONS.—For purposes of this section: 

18 (1) BREACH OF SECURITY.—The term ‘‘breach 

19 of security’’ means, with respect to unsecured PHR 

20 identifiable health information of an individual in a 

21 personal health record, acquisition of such informa22 tion without the authorization of the individual. 

23 (2) PHR IDENTIFIABLE HEALTH INFORMA24 TION.—The term ‘‘PHR identifiable health informa25 tion’’ means individually identifiable health informa-
367 

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1 tion, as defined in section 1171(6) of the Social Se2 curity Act (42 U.S.C. 1320d(6)), and includes, with 

3 respect to an individual, information— 

4 (A) that is provided by or on behalf of the 

5 individual; and 

6 (B) that identifies the individual or with 

7 respect to which there is a reasonable basis to 

8 believe that the information can be used to 

9 identify the individual. 

10 (3) UNSECURED PHR IDENTIFIABLE HEALTH

11 INFORMATION.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the term ‘‘unsecured PHR identifi14 able health information’’ means PHR identifi15 able health information that is not protected 

16 through the use of a technology or methodology 

17 specified by the Secretary in the guidance 

18 issued under section 13402(h)(2). 

19 (B) EXCEPTION IN CASE TIMELY GUID20 ANCE NOT ISSUED.—In the case that the Sec21 retary does not issue guidance under section 

22 13402(h)(2) by the date specified in such sec23 tion, for purposes of this section, the term ‘‘un24 secured PHR identifiable health information’’ 

25 shall mean PHR identifiable health information 
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1 that is not secured by a technology standard 

2 that renders protected health information unus3 able, unreadable, or indecipherable to unauthor4 ized individuals and that is developed or en5 dorsed by a standards developing organization 

6 that is accredited by the American National 

7 Standards Institute. 

8 (g) REGULATIONS; EFFECTIVE DATE; SUNSET.— 

9 (1) REGULATIONS; EFFECTIVE DATE.—To 

10 carry out this section, the Secretary of Health and 

11 Human Services shall promulgate interim final regu12 lations by not later than the date that is 180 days 

13 after the date of the enactment of this section. The 

14 provisions of this section shall apply to breaches of 

15 security that are discovered on or after the date that 

16 is 30 days after the date of publication of such in17 terim final regulations. 

18 (2) SUNSET.—The provisions of this section 

19 shall not apply to breaches of security occurring on 

20 or after the earlier of the following the dates: 

21 (A) The date on which a standard relating 

22 to requirements for entities that are not covered 

23 entities that includes requirements relating to 

24 breach notification has been promulgated by the 

25 Secretary. 
369 

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1 (B) The date on which a standard relating 

2 to requirements for entities that are not covered 

3 entities that includes requirements relating to 

4 breach notification has been promulgated by the 

5 Federal Trade Commission and has taken ef6 fect. 

7 SEC. 13408. BUSINESS ASSOCIATE CONTRACTS REQUIRED 

8 FOR CERTAIN ENTITIES. 

9 Each organization, with respect to a covered entity, 

10 that provides data transmission of protected health infor11 mation to such entity (or its business associate) and that 

12 requires access on a routine basis to such protected health 

13 information, such as a Health Information Exchange Or14 ganization, Regional Health Information Organization, E15 prescribing Gateway, or each vendor that contracts with 

16 a covered entity to allow that covered entity to offer a per17 sonal health record to patients as part of its electronic 

18 health record, is required to enter into a written contract 

19 (or other written arrangement) described in section 

20 164.502(e)(2) of title 45, Code of Federal Regulations and 

21 a written contract (or other arrangement) described in 

22 section 164.308(b) of such title, with such entity and shall 

23 be treated as a business associate of the covered entity 

24 for purposes of the provisions of this subtitle and subparts 

25 C and E of part 164 of title 45, Code of Federal Regula-
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1 tions, as such provisions are in effect as of the date of 

2 enactment of this title. 

3 SEC. 13409. CLARIFICATION OF APPLICATION OF WRONG4 FUL DISCLOSURES CRIMINAL PENALTIES. 

5 Section 1177(a) of the Social Security Act (42 U.S.C. 

6 1320d–6(a)) is amended by adding at the end the fol7 lowing new sentence: ‘‘For purposes of the previous sen8 tence, a person (including an employee or other individual) 

9 shall be considered to have obtained or disclosed individ10 ually identifiable health information in violation of this 

11 part if the information is maintained by a covered entity 

12 (as defined in the HIPAA privacy regulation described in 

13 section 1180(b)(3)) and the individual obtained or dis14 closed such information without authorization.’’. 

15 SEC. 13410. IMPROVED ENFORCEMENT. 

16 (a) IN GENERAL.—Section 1176 of the Social Secu17 rity Act (42 U.S.C. 1320d-5) is amended— 

18 (1) in subsection (b)(1), by striking ‘‘the act 

19 constitutes an offense punishable under section 

20 1177’’ and inserting ‘‘a penalty has been imposed 

21 under section 1177 with respect to such act’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(c) NONCOMPLIANCE DUE TO WILLFUL NE25 GLECT.— 
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1 ‘‘(1) IN GENERAL.—A violation of a provision 

2 of this part due to willful neglect is a violation for 

3 which the Secretary is required to impose a penalty 

4 under subsection (a)(1). 

5 ‘‘(2) REQUIRED INVESTIGATION.—For purposes 

6 of paragraph (1), the Secretary shall formally inves7 tigate any complaint of a violation of a provision of 

8 this part if a preliminary investigation of the facts 

9 of the complaint indicate such a possible violation 

10 due to willful neglect.’’. 

11 (b) EFFECTIVE DATE; REGULATIONS.— 

12 (1) The amendments made by subsection (a) 

13 shall apply to penalties imposed on or after the date 

14 that is 24 months after the date of the enactment 

15 of this title. 

16 (2) Not later than 18 months after the date of 

17 the enactment of this title, the Secretary of Health 

18 and Human Services shall promulgate regulations to 

19 implement such amendments. 

20 (c) DISTRIBUTION OF CERTAIN CIVIL MONETARY

21 PENALTIES COLLECTED.— 

22 (1) IN GENERAL.—Subject to the regulation 

23 promulgated pursuant to paragraph (3), any civil 

24 monetary penalty or monetary settlement collected 

25 with respect to an offense punishable under this sub-
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1 title or section 1176 of the Social Security Act (42 

2 U.S.C. 1320d-5) insofar as such section relates to 

3 privacy or security shall be transferred to the Office 

4 of Civil Rights of the Department of Health and 

5 Human Services to be used for purposes of enforcing 

6 the provisions of this subtitle and subparts C and E 

7 of part 164 of title 45, Code of Federal Regulations, 

8 as such provisions are in effect as of the date of en9 actment of this Act. 

10 (2) GAO REPORT.—Not later than 18 months 

11 after the date of the enactment of this title, the 

12 Comptroller General shall submit to the Secretary a 

13 report including recommendations for a methodology 

14 under which an individual who is harmed by an act 

15 that constitutes an offense referred to in paragraph 

16 (1) may receive a percentage of any civil monetary 

17 penalty or monetary settlement collected with re18 spect to such offense. 

19 (3) ESTABLISHMENT OF METHODOLOGY TO

20 DISTRIBUTE PERCENTAGE OF CMPS COLLECTED TO

21 HARMED INDIVIDUALS.—Not later than 3 years 

22 after the date of the enactment of this title, the Sec23 retary shall establish by regulation and based on the 

24 recommendations submitted under paragraph (2), a 

25 methodology under which an individual who is 
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1 harmed by an act that constitutes an offense re2 ferred to in paragraph (1) may receive a percentage 

3 of any civil monetary penalty or monetary settlement 

4 collected with respect to such offense. 

5 (4) APPLICATION OF METHODOLOGY.—The 

6 methodology under paragraph (3) shall be applied 

7 with respect to civil monetary penalties or monetary 

8 settlements imposed on or after the effective date of 

9 the regulation. 

10 (d) TIERED INCREASE IN AMOUNT OF CIVIL MONE11 TARY PENALTIES.— 

12 (1) IN GENERAL.—Section 1176(a)(1) of the 

13 Social Security Act (42 U.S.C. 1320d-5(a)(1)) is 

14 amended by striking ‘‘who violates a provision of 

15 this part a penalty of not more than’’ and all that 

16 follows and inserting the following: ‘‘who violates a 

17 provision of this part— 

18 ‘‘(A) in the case of a violation of such pro19 vision in which it is established that the person 

20 did not know (and by exercising reasonable dili21 gence would not have known) that such person 

22 violated such provision, a penalty for each such 

23 violation of an amount that is at least the 

24 amount described in paragraph (3)(A) but not 
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1 to exceed the amount described in paragraph 

2 (3)(D); 

3 ‘‘(B) in the case of a violation of such pro4 vision in which it is established that the viola5 tion was due to reasonable cause and not to 

6 willful neglect, a penalty for each such violation 

7 of an amount that is at least the amount de8 scribed in paragraph (3)(B) but not to exceed 

9 the amount described in paragraph (3)(D); and 

10 ‘‘(C) in the case of a violation of such pro11 vision in which it is established that the viola12 tion was due to willful neglect— 

13 ‘‘(i) if the violation is corrected as de14 scribed in subsection (b)(3)(A), a penalty 

15 in an amount that is at least the amount 

16 described in paragraph (3)(C) but not to 

17 exceed the amount described in paragraph 

18 (3)(D); and 

19 ‘‘(ii) if the violation is not corrected 

20 as described in such subsection, a penalty 

21 in an amount that is at least the amount 

22 described in paragraph (3)(D). 

23 ‘‘In determining the amount of a penalty under 

24 this section for a violation, the Secretary shall 

25 base such determination on the nature and ex-
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1 tent of the violation and the nature and extent 

2 of the harm resulting from such violation.’’. 

3 (2) TIERS OF PENALTIES DESCRIBED.—Section 

4 1176(a) of such Act (42 U.S.C. 1320d-5(a)) is fur5 ther amended by adding at the end the following 

6 new paragraph: 

7 ‘‘(3) TIERS OF PENALTIES DESCRIBED.—For 

8 purposes of paragraph (1), with respect to a viola9 tion by a person of a provision of this part— 

10 ‘‘(A) the amount described in this subpara11 graph is $100 for each such violation, except 

12 that the total amount imposed on the person 

13 for all such violations of an identical require14 ment or prohibition during a calendar year may 

15 not exceed $25,000; 

16 ‘‘(B) the amount described in this subpara17 graph is $1,000 for each such violation, except 

18 that the total amount imposed on the person 

19 for all such violations of an identical require20 ment or prohibition during a calendar year may 

21 not exceed $100,000; 

22 ‘‘(C) the amount described in this subpara23 graph is $10,000 for each such violation, except 

24 that the total amount imposed on the person 

25 for all such violations of an identical require-
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1 ment or prohibition during a calendar year may 

2 not exceed $250,000; and 

3 ‘‘(D) the amount described in this sub4 paragraph is $50,000 for each such violation, 

5 except that the total amount imposed on the 

6 person for all such violations of an identical re7 quirement or prohibition during a calendar year 

8 may not exceed $1,500,000.’’. 

9 (3) CONFORMING AMENDMENTS.—Section 

10 1176(b) of such Act (42 U.S.C. 1320d-5(b)) is 

11 amended— 

12 (A) by striking paragraph (2) and redesig13 nating paragraphs (3) and (4) as paragraphs 

14 (2) and (3), respectively; and 

15 (B) in paragraph (2), as so redesignated— 

16 (i) in subparagraph (A), by striking 

17 ‘‘in subparagraph (B), a penalty may not 

18 be imposed under subsection (a) if’’ and all 

19 that follows through ‘‘the failure to comply 

20 is corrected’’ and inserting ‘‘in subpara21 graph (B) or subsection (a)(1)(C), a pen22 alty may not be imposed under subsection 

23 (a) if the failure to comply is corrected’’; 

24 and 
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1 (ii) in subparagraph (B), by striking 

2 ‘‘(A)(ii)’’ and inserting ‘‘(A)’’ each place it 

3 appears. 

4 (4) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall apply to violations occurring 

6 after the date of the enactment of this title. 

7 (e) ENFORCEMENT THROUGH STATE ATTORNEYS

8 GENERAL.— 

9 (1) IN GENERAL.—Section 1176 of the Social 

10 Security Act (42 U.S.C. 1320d–5) is amended by 

11 adding at the end the following new subsection: 

12 ‘‘(d) ENFORCEMENT BY STATE ATTORNEYS GEN13 ERAL.— 

14 ‘‘(1) CIVIL ACTION.—Except as provided in 

15 subsection (b), in any case in which the attorney 

16 general of a State has reason to believe that an in17 terest of one or more of the residents of that State 

18 has been or is threatened or adversely affected by 

19 any person who violates a provision of this part, the 

20 attorney general of the State, as parens patriae, may 

21 bring a civil action on behalf of such residents of the 

22 State in a district court of the United States of ap23 propriate jurisdiction— 

24 ‘‘(A) to enjoin further such violation by the 

25 defendant; or 
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1 ‘‘(B) to obtain damages on behalf of such 

2 residents of the State, in an amount equal to 

3 the amount determined under paragraph (2). 

4 ‘‘(2) STATUTORY DAMAGES.— 

5 ‘‘(A) IN GENERAL.—For purposes of para6 graph (1)(B), the amount determined under 

7 this paragraph is the amount calculated by mul8 tiplying the number of violations by up to $100. 

9 For purposes of the preceding sentence, in the 

10 case of a continuing violation, the number of 

11 violations shall be determined consistent with 

12 the HIPAA privacy regulations (as defined in 

13 section 1180(b)(3)) for violations of subsection 

14 (a). 

15 ‘‘(B) LIMITATION.—The total amount of 

16 damages imposed on the person for all viola17 tions of an identical requirement or prohibition 

18 during a calendar year may not exceed $25,000. 

19 ‘‘(C) REDUCTION OF DAMAGES.—In as20 sessing damages under subparagraph (A), the 

21 court may consider the factors the Secretary 

22 may consider in determining the amount of a 

23 civil money penalty under subsection (a) under 

24 the HIPAA privacy regulations. 
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1 ‘‘(3) ATTORNEY FEES.—In the case of any suc2 cessful action under paragraph (1), the court, in its 

3 discretion, may award the costs of the action and 

4 reasonable attorney fees to the State. 

5 ‘‘(4) NOTICE TO SECRETARY.—The State shall 

6 serve prior written notice of any action under para7 graph (1) upon the Secretary and provide the Sec8 retary with a copy of its complaint, except in any 

9 case in which such prior notice is not feasible, in 

10 which case the State shall serve such notice imme11 diately upon instituting such action. The Secretary 

12 shall have the right— 

13 ‘‘(A) to intervene in the action; 

14 ‘‘(B) upon so intervening, to be heard on 

15 all matters arising therein; and 

16 ‘‘(C) to file petitions for appeal. 

17 ‘‘(5) CONSTRUCTION.—For purposes of bring18 ing any civil action under paragraph (1), nothing in 

19 this section shall be construed to prevent an attor20 ney general of a State from exercising the powers 

21 conferred on the attorney general by the laws of that 

22 State. 

23 ‘‘(6) VENUE; SERVICE OF PROCESS.— 

24 ‘‘(A) VENUE.—Any action brought under 

25 paragraph (1) may be brought in the district 
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1 court of the United States that meets applicable 

2 requirements relating to venue under section 

3 1391 of title 28, United States Code. 

4 ‘‘(B) SERVICE OF PROCESS.—In an action 

5 brought under paragraph (1), process may be 

6 served in any district in which the defendant— 

7 ‘‘(i) is an inhabitant; or 

8 ‘‘(ii) maintains a physical place of 

9 business. 

10 ‘‘(7) LIMITATION ON STATE ACTION WHILE

11 FEDERAL ACTION IS PENDING.—If the Secretary has 

12 instituted an action against a person under sub13 section (a) with respect to a specific violation of this 

14 part, no State attorney general may bring an action 

15 under this subsection against the person with re16 spect to such violation during the pendency of that 

17 action. 

18 ‘‘(8) APPLICATION OF CMP STATUTE OF LIMI19 TATION.—A civil action may not be instituted with 

20 respect to a violation of this part unless an action 

21 to impose a civil money penalty may be instituted 

22 under subsection (a) with respect to such violation 

23 consistent with the second sentence of section 

24 1128A(c)(1).’’. 
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1 (2) CONFORMING AMENDMENTS.—Subsection 

2 (b) of such section, as amended by subsection (d)(3), 

3 is amended— 

4 (A) in paragraph (1), by striking ‘‘A pen5 alty may not be imposed under subsection (a)’’ 

6 and inserting ‘‘No penalty may be imposed 

7 under subsection (a) and no damages obtained 

8 under subsection (d)’’; 

9 (B) in paragraph (2)(A)— 

10 (i) after ‘‘subsection (a)(1)(C),’’, by 

11 striking ‘‘a penalty may not be imposed 

12 under subsection (a)’’ and inserting ‘‘no 

13 penalty may be imposed under subsection 

14 (a) and no damages obtained under sub15 section (d)’’; and 

16 (ii) in clause (ii), by inserting ‘‘or 

17 damages’’ after ‘‘the penalty’’; 

18 (C) in paragraph (2)(B)(i), by striking 

19 ‘‘The period’’ and inserting ‘‘With respect to 

20 the imposition of a penalty by the Secretary 

21 under subsection (a), the period’’; and 

22 (D) in paragraph (3), by inserting ‘‘and 

23 any damages under subsection (d)’’ after ‘‘any 

24 penalty under subsection (a)’’. 
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1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply to violations occurring 

3 after the date of the enactment of this Act. 

4 (f) ALLOWING CONTINUED USE OF CORRECTIVE AC5 TION.—Such section is further amended by adding at the 

6 end the following new subsection: 

7 ‘‘(e) ALLOWING CONTINUED USE OF CORRECTIVE

8 ACTION.—Nothing in this section shall be construed as 

9 preventing the Office of Civil Rights of the Department 

10 of Health and Human Services from continuing, in its dis11 cretion, to use corrective action without a penalty in cases 

12 where the person did not know (and by exercising reason13 able diligence would not have known) of the violation in14 volved.’’. 

15 SEC. 13411. AUDITS. 

16 The Secretary shall provide for periodic audits to en17 sure that covered entities and business associates that are 

18 subject to the requirements of this subtitle and subparts 

19 C and E of part 164 of title 45, Code of Federal Regula20 tions, as such provisions are in effect as of the date of 

21 enactment of this Act, comply with such requirements. 
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1 PART II—RELATIONSHIP TO OTHER LAWS; REGU2 LATORY REFERENCES; EFFECTIVE DATE; RE3 PORTS 

4 SEC. 13421. RELATIONSHIP TO OTHER LAWS. 

5 (a) APPLICATION OF HIPAA STATE PREEMPTION.— 

6 Section 1178 of the Social Security Act (42 U.S.C. 

7 1320d–7) shall apply to a provision or requirement under 

8 this subtitle in the same manner that such section applies 

9 to a provision or requirement under part C of title XI of 

10 such Act or a standard or implementation specification 

11 adopted or established under sections 1172 through 1174 

12 of such Act. 

13 (b) HEALTH INSURANCE PORTABILITY AND AC14 COUNTABILITY ACT.—The standards governing the pri15 vacy and security of individually identifiable health infor16 mation promulgated by the Secretary under sections 

17 262(a) and 264 of the Health Insurance Portability and 

18 Accountability Act of 1996 shall remain in effect to the 

19 extent that they are consistent with this subtitle. The Sec20 retary shall by rule amend such Federal regulations as re21 quired to make such regulations consistent with this sub22 title. In carrying out the preceding sentence, the Secretary 

23 shall revise the definition of ‘‘psychotherapy notes’’ in sec24 tion 164.501 of title 45, Code of Federal Regulations, to 

25 include test data that is related to direct responses, scores, 

26 items, forms, protocols, manuals, or other materials that 
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1 are part of a mental health evaluation, as determined by 

2 the mental health professional providing treatment or 

3 evaluation. 

4 SEC. 13422. REGULATORY REFERENCES. 

5 Each reference in this subtitle to a provision of the 

6 Code of Federal Regulations refers to such provision as 

7 in effect on the date of the enactment of this title (or to 

8 the most recent update of such provision). 

9 SEC. 13423. EFFECTIVE DATE. 

10 Except as otherwise specifically provided, the provi11 sions of part I shall take effect on the date that is 12 

12 months after the date of the enactment of this title. 

13 SEC. 13424. STUDIES, REPORTS, GUIDANCE. 

14 (a) REPORT ON COMPLIANCE.— 

15 (1) IN GENERAL.—For the first year beginning 

16 after the date of the enactment of this Act and an17 nually thereafter, the Secretary shall prepare and 

18 submit to the Committee on Health, Education, 

19 Labor, and Pensions of the Senate and the Com20 mittee on Ways and Means and the Committee on 

21 Energy and Commerce of the House of Representa22 tives a report concerning complaints of alleged viola23 tions of law, including the provisions of this subtitle 

24 as well as the provisions of subparts C and E of part 

25 164 of title 45, Code of Federal Regulations, (as 
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1 such provisions are in effect as of the date of enact2 ment of this Act) relating to privacy and security of 

3 health information that are received by the Secretary 

4 during the year for which the report is being pre5 pared. Each such report shall include, with respect 

6 to such complaints received during the year— 

7 (A) the number of such complaints; 

8 (B) the number of such complaints re9 solved informally, a summary of the types of 

10 such complaints so resolved, and the number of 

11 covered entities that received technical assist12 ance from the Secretary during such year in 

13 order to achieve compliance with such provi14 sions and the types of such technical assistance 

15 provided; 

16 (C) the number of such complaints that 

17 have resulted in the imposition of civil monetary 

18 penalties or have been resolved through mone19 tary settlements, including the nature of the 

20 complaints involved and the amount paid in 

21 each penalty or settlement; 

22 (D) the number of compliance reviews con23 ducted and the outcome of each such review; 

24 (E) the number of subpoenas or inquiries 

25 issued; 
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1 (F) the Secretary’s plan for improving 

2 compliance with and enforcement of such provi3 sions for the following year; and 

4 (G) the number of audits performed and a 

5 summary of audit findings pursuant to section 

6 13411. 

7 (2) AVAILABILITY TO PUBLIC.—Each report 

8 under paragraph (1) shall be made available to the 

9 public on the Internet website of the Department of 

10 Health and Human Services. 

11 (b) STUDY AND REPORT ON APPLICATION OF PRI12 VACY AND SECURITY REQUIREMENTS TO NON-HIPAA 

13 COVERED ENTITIES.— 

14 (1) STUDY.—Not later than one year after the 

15 date of the enactment of this title, the Secretary, in 

16 consultation with the Federal Trade Commission, 

17 shall conduct a study, and submit a report under 

18 paragraph (2), on privacy and security requirements 

19 for entities that are not covered entities or business 

20 associates as of the date of the enactment of this 

21 title, including— 

22 (A) requirements relating to security, pri23 vacy, and notification in the case of a breach of 

24 security or privacy (including the applicability 

25 of an exemption to notification in the case of 
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1 individually identifiable health information that 

2 has been rendered unusable, unreadable, or in3 decipherable through technologies or methodolo4 gies recognized by appropriate professional or5 ganization or standard setting bodies to provide 

6 effective security for the information) that 

7 should be applied to— 

8 (i) vendors of personal health records; 

9 (ii) entities that offer products or 

10 services through the website of a vendor of 

11 personal health records; 

12 (iii) entities that are not covered enti13 ties and that offer products or services 

14 through the websites of covered entities 

15 that offer individuals personal health 

16 records; 

17 (iv) entities that are not covered enti18 ties and that access information in a per19 sonal health record or send information to 

20 a personal health record; and 

21 (v) third party service providers used 

22 by a vendor or entity described in clause 

23 (i), (ii), (iii), or (iv) to assist in providing 

24 personal health record products or services; 
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1 (B) a determination of which Federal gov2 ernment agency is best equipped to enforce 

3 such requirements recommended to be applied 

4 to such vendors, entities, and service providers 

5 under subparagraph (A); and 

6 (C) a timeframe for implementing regula7 tions based on such findings. 

8 (2) REPORT.—The Secretary shall submit to 

9 the Committee on Finance, the Committee on 

10 Health, Education, Labor, and Pensions, and the 

11 Committee on Commerce of the Senate and the 

12 Committee on Ways and Means and the Committee 

13 on Energy and Commerce of the House of Rep14 resentatives a report on the findings of the study 

15 under paragraph (1) and shall include in such report 

16 recommendations on the privacy and security re17 quirements described in such paragraph. 

18 (c) GUIDANCE ON IMPLEMENTATION SPECIFICATION

19 TO DE-IDENTIFY PROTECTED HEALTH INFORMATION.— 

20 Not later than 12 months after the date of the enactment 

21 of this title, the Secretary shall, in consultation with stake22 holders, issue guidance on how best to implement the re23 quirements for the de-identification of protected health in24 formation under section 164.514(b) of title 45, Code of 

25 Federal Regulations. 
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1 (d) GAO REPORT ON TREATMENT DISCLOSURES.— 

2 Not later than one year after the date of the enactment 

3 of this title, the Comptroller General of the United States 

4 shall submit to the Committee on Health, Education, 

5 Labor, and Pensions of the Senate and the Committee on 

6 Ways and Means and the Committee on Energy and Com7 merce of the House of Representatives a report on the 

8 best practices related to the disclosure among health care 

9 providers of protected health information of an individual 

10 for purposes of treatment of such individual. Such report 

11 shall include an examination of the best practices imple12 mented by States and by other entities, such as health 

13 information exchanges and regional health information or14 ganizations, an examination of the extent to which such 

15 best practices are successful with respect to the quality 

16 of the resulting health care provided to the individual and 

17 with respect to the ability of the health care provider to 

18 manage such best practices, and an examination of the 

19 use of electronic informed consent for disclosing protected 

20 health information for treatment, payment, and health 

21 care operations. 
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1 TITLE XIV—STATE FISCAL STABILIZATION 

2 DEPARTMENT OF EDUCATION 

3 STATE FISCAL STABILIZATION FUND

4 For necessary expenses for a State Fiscal Stabiliza5 tion Fund, $79,000,000,000, which shall be administered 

6 by the Department of Education, and shall be available 

7 through September 30, 2010. 

8 GENERAL PROVISIONS—THIS TITLE 

9 SEC. 1401. ALLOCATIONS. 

10 (a) OUTLYING AREAS.—The Secretary of Education 

11 shall first allocate one-half of 1 percent to the outlying 

12 areas on the basis of their respective needs, as determined 

13 by the Secretary, for activities consistent with this title 

14 under such terms and conditions as the Secretary may de15 termine. 

16 (b) ADMINISTRATION AND OVERSIGHT.—The Sec17 retary may reserve up to $25,000,000 for administration 

18 and oversight of this title, including for program evalua19 tion. 

20 (c) RESERVATION FOR ADDITIONAL PROGRAMS.— 

21 After reserving funds under subsections (a) and (b), the 

22 Secretary shall reserve $15,000,000,000 for grants under 

23 sections 1406 and 1407. 

24 (d) STATE ALLOCATIONS.—After carrying out sub25 sections (a), (b), and (c), the Secretary shall allocate the 
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1 remaining funds made available to carry out this title to 

2 the States as follows: 

3 (1) 61 percent on the basis of their relative 

4 population of individuals aged 5 through 24. 

5 (2) 39 percent on the basis of their relative 

6 total population. 

7 (e) STATE GRANTS.—From funds allocated under 

8 subsection (d), the Secretary shall make grants to the 

9 Governor of each State. 

10 (f) REALLOCATION.—The Governor shall return to 

11 the Secretary any funds received under subsection (e) that 

12 the Governor does not obligate within 1 year of receiving 

13 a grant, and the Secretary shall reallocate such funds to 

14 the remaining States in accordance with subsection (d). 

15 SEC. 1402. STATE USES OF FUNDS. 

16 (a) EDUCATION FUND.— 

17 (1) IN GENERAL.—The Governor shall use at 

18 least 61 percent of the State’s allocation under sec19 tion 1401 for the support of elementary, secondary, 

20 and postsecondary education and, as applicable, 

21 early childhood education programs and services. 

22 (2) RESTORING 2008 STATE SUPPORT FOR EDU23 CATION.— 

24 (A) IN GENERAL.—The Governor shall 

25 first use the funds described in paragraph (1)— 
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1 (i) to provide the amount of funds, 

2 through the State’s principal elementary 

3 and secondary funding formula, that is 

4 needed to restore State support for elemen5 tary and secondary education to the fiscal 

6 year 2008 level; and where applicable, to 

7 allow existing State formula increases for 

8 fiscal years 2009, 2010, and 2011 to be 

9 implemented and allow funding for phasing 

10 in State equity and adequacy adjustments 

11 that were enacted prior to July 1, 2008; 

12 and 

13 (ii) to provide the amount of funds to 

14 public institutions of higher education in 

15 the State that is needed to restore State 

16 support for postsecondary education to the 

17 fiscal year 2008 level. 

18 (B) SHORTFALL.—If the Governor deter19 mines that the amount of funds available under 

20 paragraph (1) is insufficient to restore State 

21 support for education to the levels described in 

22 clauses (i) and (ii) of subparagraph (A), the 

23 Governor shall allocate those funds between 

24 those clauses in proportion to the relative short-
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1 fall in State support for the education sectors 

2 described in those clauses. 

3 (3) SUBGRANTS TO IMPROVE BASIC PROGRAMS

4 OPERATED BY LOCAL EDUCATIONAL AGENCIES.— 

5 After carrying out paragraph (2), the Governor shall 

6 use any funds remaining under paragraph (1) to 

7 provide local educational agencies in the State with 

8 subgrants based on their relative shares of funding 

9 under part A of title I of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 6311 et 

11 seq.) for the most recent year for which data are 

12 available. 

13 (b) OTHER GOVERNMENT SERVICES.—The Governor 

14 may use up to 39 percent of the State’s allocation under 

15 section 1401 for public safety and other government serv16 ices, which may include assistance for elementary and sec17 ondary education and public institutions of higher edu18 cation. 

19 SEC. 1403. USES OF FUNDS BY LOCAL EDUCATIONAL AGEN20 CIES. 

21 (a) IN GENERAL.—A local educational agency that 

22 receives funds under this title may use the funds for any 

23 activity authorized by the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6301 et seq.) (‘‘ESEA’’), 

25 the Individuals with Disabilities Education Act (20 U.S.C. 
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1 1400 et seq.) (‘‘IDEA’’), or the Carl D. Perkins Career 

2 and Technical Education Act of 2006 (20 U.S.C. 2301 

3 et seq.) (‘‘the Perkins Act’’). 

4 (b) PROHIBITION.—A local educational agency may 

5 not use funds received under this title for capital projects 

6 unless authorized by ESEA, IDEA, or the Perkins Act. 

7 SEC. 1404. USES OF FUNDS BY INSTITUTIONS OF HIGHER 

8 EDUCATION. 

9 (a) IN GENERAL.—A public institution of higher edu10 cation that receives funds under this title shall use the 

11 funds for education and general expenditures, and in such 

12 a way as to mitigate the need to raise tuition and fees 

13 for in-State students. 

14 (b) PROHIBITION.—An institution of higher edu15 cation may not use funds received under this title to in16 crease its endowment. 

17 (c) ADDITIONAL PROHIBITION.—An institution of 

18 higher education may not use funds received under this 

19 title for construction, renovation, or facility repair. 

20 SEC. 1405. STATE APPLICATIONS. 

21 (a) IN GENERAL.—The Governor of a State desiring 

22 to receive an allocation under section 1401 shall submit 

23 an application at such time, in such manner, and con24 taining such information as the Secretary may reasonably 

25 require. 
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1 (b) APPLICATION.—The Governor shall— 

2 (1) include the assurances described in sub3 section (d); 

4 (2) provide baseline data that demonstrates the 

5 State’s current status in each of the areas described 

6 in such assurances; and 

7 (3) describe how the State intends to use its al8 location. 

9 (c) INCENTIVE GRANT APPLICATION.—The Governor 

10 of a State seeking a grant under section 1406 shall— 

11 (1) submit an application for consideration; 

12 (2) describe the status of the State’s progress 

13 in each of the areas described in subsection (d); 

14 (3) describe the achievement and graduation 

15 rates of public elementary and secondary school stu16 dents in the State, and the strategies the State is 

17 employing to help ensure that all subgroups of stu18 dents identified in 1111(b)(2) of ESEA in the State 

19 continue making progress toward meeting the 

20 State’s student academic achievement standards; 

21 (4) describe how the State would use its grant 

22 funding to improve student academic achievement in 

23 the State, including how it will allocate the funds to 

24 give priority to high-need schools and local edu25 cational agencies; and 
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1 (5) include a plan for evaluating its progress in 

2 closing achievement gaps. 

3 (d) ASSURANCES.—An application under subsection 

4 (b) shall include the following assurances: 

5 (1) MAINTENANCE OF EFFORT.— 

6 (A) ELEMENTARY AND SECONDARY EDU7 CATION.—The State will, in each of fiscal years 

8 2009 and 2010, maintain State support for ele9 mentary and secondary education at least at 

10 the level of such support in fiscal year 2006. 

11 (B) HIGHER EDUCATION.—The State will, 

12 in each of fiscal years 2009 and 2010, maintain 

13 State support for public institutions of higher 

14 education (not including support for capital 

15 projects or for research and development) at 

16 least at the level of such support in fiscal year 

17 2006. 

18 (2) ACHIEVING EQUITY IN TEACHER DISTRIBU19 TION.—The State will take action, including activi20 ties outlined in section 2113(c) of ESEA, to increase 

21 the number, and improve the distribution, of effec22 tive teachers and principals in high-poverty schools 

23 and local educational agencies throughout the State. 

24 (3) IMPROVING COLLECTION AND USE OF

25 DATA.—The State will establish a longitudinal data 
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1 system that includes the elements described in sec2 tion 6401(e)(2)(D) of the America COMPETES Act 

3 (20 U.S.C. 9871). 

4 (4) STANDARDS AND ASSESSMENTS.—The 

5 State— 

6 (A) will enhance the quality of academic 

7 assessments described in section 1111(b)(3) of 

8 ESEA (20 U.S.C. 6311(b)(3)) through activi9 ties such as those described in section 6112(a) 

10 of such Act (20 U.S.C. 7301a(a)); 

11 (B) will comply with the requirements of 

12 paragraphs (3)(C)(ix) and (6) of section 

13 1111(b) of ESEA (20 U.S.C. 6311(b)) and sec14 tion 612(a)(16) of IDEA (20 U.S.C. 

15 1412(a)(16)) related to the inclusion of children 

16 with disabilities and limited English proficient 

17 students in State assessments, the development 

18 of valid and reliable assessments for those stu19 dents, and the provision of accommodations 

20 that enable their participation in State assess21 ments; and 

22 (C) will take steps to improve State aca23 demic content standards and student academic 

24 achievement standards consistent with 
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1 6401(e)(1)(A)(ii) of the America COMPETES 

2 Act. 

3 (5) will ensure compliance with the require4 ments of section 1116(a)(7)(C)(iv) and section 

5 1116(a)(8)(B) with respect to schools identified 

6 under such sections. 

7 SEC. 1406. STATE INCENTIVE GRANTS. 

8 (a) IN GENERAL.—From the total amount reserved 

9 under section 1401(c) that is not used for section 1407, 

10 the Secretary shall, in fiscal year 2010, make grants to 

11 States that have made significant progress in meeting the 

12 objectives of paragraphs (2), (3), (4), and (5) of section 

13 1405(d). 

14 (b) BASIS FOR GRANTS.—The Secretary shall deter15 mine which States receive grants under this section, and 

16 the amount of those grants, on the basis of information 

17 provided in State applications under section 1405 and 

18 such other criteria as the Secretary determines appro19 priate. 

20 (c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN21 CIES.—Each State receiving a grant under this section 

22 shall use at least 50 percent of the grant to provide local 

23 educational agencies in the State with subgrants based on 

24 their relative shares of funding under part A of title I of 

25 ESEA (20 U.S.C. 6311 et seq.) for the most recent year. 
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1 SEC. 1407. INNOVATION FUND. 

2 (a) IN GENERAL.— 

3 (1) ELIGIBLE ENTITY.—For the purposes of 

4 this section, the term ‘‘eligible entity’’ means— 

5 (A) A local educational agency; or 

6 (B) a partnership between a nonprofit or7 ganization and— 

8 (i) one or more local educational agen9 cies; 

10 (ii) or a consortium of schools. 

11 (2) PROGRAM ESTABLISHED.—From the total 

12 amount reserved under section 1401(c), the Sec13 retary may reserve up to $650,000,000 to establish 

14 an Innovation Fund, which shall consist of academic 

15 achievement awards that recognize eligible entities 

16 that meet the requirements described in subsection 

17 (b). 

18 (3) BASIS FOR AWARDS.—The Secretary shall 

19 make awards to eligible entities that have made sig20 nificant gains in closing the achievement gap as de21 scribed in subsection (b)(1)— 

22 (A) to allow such eligible entities to expand 

23 their work and serve as models for best prac24 tices; 
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1 (B) to allow such eligible entities to work 

2 in partnership with the private sector and the 

3 philanthropic community; and 

4 (C) to identify and document best practices 

5 that can be shared, and taken to scale based on 

6 demonstrated success. 

7 (b) ELIGIBILITY.—To be eligible for such an award, 

8 an eligible entity shall— 

9 (1) have significantly closed the achievement 

10 gaps between groups of students described in section 

11 1111(b)(2) of ESEA (20 U.S.C. 6311(b)(2)); 

12 (2) have exceeded the State’s annual measur13 able objectives consistent with such section 

14 1111(b)(2) for 2 or more consecutive years or have 

15 demonstrated success in significantly increasing stu16 dent academic achievement for all groups of stu17 dents described in such section through another 

18 measure, such as measures described in section 

19 1111(c)(2) of ESEA; 

20 (3) have made significant improvement in other 

21 areas, such as graduation rates or increased recruit22 ment and placement of high-quality teachers and 

23 school leaders, as demonstrated with meaningful 

24 data; and 
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1 (4) demonstrate that they have established 

2 partnerships with the private sector, which may in3 clude philanthropic organizations, and that the pri4 vate sector will provide matching funds in order to 

5 help bring results to scale. 

6 SEC. 1408. STATE REPORTS. 

7 A State receiving funds under this title shall submit 

8 a report to the Secretary, at such time and in such manner 

9 as the Secretary may require, that describes— 

10 (1) the uses of funds provided under this title 

11 within the State; 

12 (2) how the State distributed the funds it re13 ceived under this title; 

14 (3) the number of jobs that the Governor esti15 mates were saved or created with funds the State re16 ceived under this title; 

17 (4) tax increases that the Governor estimates 

18 were averted because of the availability of funds 

19 from this title; 

20 (5) the State’s progress in reducing inequities 

21 in the distribution of teachers, in implementing a 

22 State student longitudinal data system, and in devel23 oping and implementing valid and reliable assess24 ments for limited English proficient students and 

25 children with disabilities; 
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1 (6) the tuition and fee increases for in-State 

2 students imposed by public institutions of higher 

3 education in the State during the period of avail4 ability of funds under this title, and a description of 

5 any actions taken by the State to limit those in6 creases; and 

7 (7) the extent to which public institutions of 

8 higher education maintained, increased, or decreased 

9 enrollment of in-State students, including students 

10 eligible for Pell Grants or other need-based financial 

11 assistance. 

12 SEC. 1409. EVALUATION. 

13 The Comptroller General of the United States shall 

14 conduct evaluations of the programs under sections 1406 

15 and 1407 which shall include, but not be limited to, the 

16 criteria used for the awards made, the States selected for 

17 awards, award amounts, how each State used the award 

18 received, and the impact of this funding on the progress 

19 made toward closing achievement gaps. 

20 SEC. 1410. SECRETARY’S REPORT TO CONGRESS. 

21 The Secretary shall submit a report to the Committee 

22 on Education and Labor of the House of Representatives, 

23 the Committee on Health, Education, Labor, and Pen24 sions of the Senate, and the Committees on Appropria25 tions of the House of Representatives and of the Senate, 
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1 not less than 6 months following the submission of the 

2 State reports, that evaluates the information provided in 

3 the State reports under section 1408. 

4 SEC. 1411. PROHIBITION ON PROVISION OF CERTAIN AS5 SISTANCE. 

6 No recipient of funds under this title shall use such 

7 funds to provide financial assistance to students to attend 

8 private elementary or secondary schools, unless such funds 

9 are used to provide special education and related services 

10 to children with disabilities, as authorized by the Individ11 uals with Disabilities Education Act (20 U.S.C. 1400 et 

12 seq.). 

13 SEC. 1412. DEFINITIONS. 

14 Except as otherwise provided in this title, as used in 

15 this title— 

16 (1) the term ‘‘institution of higher education’’ 

17 has the meaning given such term in section 101 of 

18 the Higher Education Act of 1965 (20 U.S.C. 

19 1001); 

20 (2) the term ‘‘Secretary’’ means the Secretary 

21 of Education; 

22 (3) the term ‘‘State’’ means each of the 50 

23 States, the District of Columbia, and the Common24 wealth of Puerto Rico; and 
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1 (4) any other term that is defined in section 

2 9101 of ESEA (20 U.S.C. 7801) shall have the 

3 meaning given the term in such section. 

4 SEC. 1413. REGULATORY RELIEF. 

5 (a) WAIVER AUTHORITY.—Subject to subsections (b) 

6 and (c), the Secretary of Education may, as applicable, 

7 waive or modify, in order to ease fiscal burdens, any re8 quirement relating to the following: 

9 (1) Maintenance of effort. 

10 (2) The use of Federal funds to supplement, 

11 not supplant, non-Federal funds. 

12 (b) DURATION.—A waiver under this section shall be 

13 for fiscal years 2009 and 2010. 

14 (c) LIMITATIONS.— 

15 (1) RELATION TO IDEA.—Nothing in this sec16 tion shall be construed to permit the Secretary to 

17 waive or modify any provision of the Individuals 

18 with Disabilities Education Act (20 U.S.C. 1400 et 

19 seq.), except as described in a(1) and a(2). 

20 (2) MAINTENANCE OF EFFORT.—If the Sec21 retary grants a waiver or modification under this 

22 section waiving or modifying a requirement relating 

23 to maintenance of effort for fiscal years 2009 and 

24 2010, the level of effort required for fiscal year 2011 
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1 shall not be reduced because of the waiver or modi2 fication. 

3 TITLE XV—RECOVERY ACCOUNT4 ABILITY AND TRANSPARENCY 

5 BOARD AND RECOVERY INDE6 PENDENT ADVISORY PANEL 

7 SEC. 1501. DEFINITIONS. 

8 In this title: 

9 (1) AGENCY.—The term ‘‘agency’’ has the 

10 meaning given under section 551 of title 5, United 

11 States Code. 

12 (2) BOARD.—The term ‘‘Board’’ means the Re13 covery Accountability and Transparency Board es14 tablished in section 1511. 

15 (3) CHAIRPERSON.—The term ‘‘Chairperson’’ 

16 means the Chairperson of the Board. 

17 (4) COVERED FUNDS.—The term ‘‘covered 

18 funds’’ means any funds that are expended or obli19 gated— 

20 (A) from appropriations made under this 

21 Act; and 

22 (B) under any other authorities provided 

23 under this Act. 
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1 (5) PANEL.—The term ‘‘Panel’’ means the Re2 covery Independent Advisory Panel established in 

3 section 1531. 

4 Subtitle A—Recovery Account5 ability and Transparency Board 

6 SEC. 1511. ESTABLISHMENT OF THE RECOVERY ACCOUNT7 ABILITY AND TRANSPARENCY BOARD. 

8 There is established the Recovery Accountability and 

9 Transparency Board to coordinate and conduct oversight 

10 of covered funds to prevent fraud, waste, and abuse. 

11 SEC. 1512. COMPOSITION OF BOARD. 

12 (a) CHAIRPERSON.— 

13 (1) DESIGNATION OR APPOINTMENT.—The 

14 President shall— 

15 (A) designate the Deputy Director for 

16 Management of the Office of Management and 

17 Budget to serve as Chairperson of the Board; 

18 (B) designate another Federal officer who 

19 was appointed by the President to a position 

20 that required the advice and consent of the 

21 Senate, to serve as Chairperson of the Board; 

22 or 

23 (C) appoint an individual as the Chair24 person of the Board, by and with the advice 

25 and consent of the Senate. 
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1 (2) COMPENSATION.— 

2 (A) DESIGNATION OF FEDERAL OFFI3 CER.—If the President designates a Federal of4 ficer under paragraph (1)(A) or (B) to serve as 

5 Chairperson, that Federal officer may not re6 ceive additional compensation for services per7 formed as Chairperson. 

8 (B) APPOINTMENT OF NON-FEDERAL OF9 FICER.—If the President appoints an individual 

10 as Chairperson under paragraph (1)(C), that 

11 individual shall be compensated at the rate of 

12 basic pay prescribed for level IV of the Execu13 tive Schedule under section 5315 of title 5, 

14 United States Code. 

15 (b) MEMBERS.—The members of the Board shall in16 clude— 

17 (1) the Inspectors General of the Departments 

18 of Agriculture, Commerce, Education, Energy, 

19 Health and Human Services, Homeland Security, 

20 Justice, Transportation, Treasury, and the Treasury 

21 Inspector General for Tax Administration; and 

22 (2) any other Inspector General as designated 

23 by the President from any agency that expends or 

24 obligates covered funds. 
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1 SEC. 1513. FUNCTIONS OF THE BOARD. 

2 (a) FUNCTIONS.— 

3 (1) IN GENERAL.—The Board shall coordinate 

4 and conduct oversight of covered funds in order to 

5 prevent fraud, waste, and abuse. 

6 (2) SPECIFIC FUNCTIONS.—The functions of 

7 the Board shall include— 

8 (A) reviewing whether the reporting of con9 tracts and grants using covered funds meets ap10 plicable standards and specifies the purpose of 

11 the contract or grant and measures of perform12 ance; 

13 (B) reviewing whether competition require14 ments applicable to contracts and grants using 

15 covered funds have been satisfied; 

16 (C) auditing and investigating covered 

17 funds to determine whether wasteful spending, 

18 poor contract or grant management, or other 

19 abuses are occurring; 

20 (D) reviewing whether there are sufficient 

21 qualified acquisition and grant personnel over22 seeing covered funds; 

23 (E) reviewing whether personnel whose du24 ties involve acquisitions or grants made with 

25 covered funds receive adequate training; and 
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1 (F) reviewing whether there are appro2 priate mechanisms for interagency collaboration 

3 relating to covered funds. 

4 (b) REPORTS.— 

5 (1) QUARTERLY REPORTS.—The Board shall 

6 submit quarterly reports to the President and Con7 gress, including the Committees on Appropriations 

8 of the Senate and House of Representatives, summa9 rizing the findings of the Board and the findings of 

10 inspectors general of agencies. The Board may sub11 mit additional reports as appropriate. 

12 (2) ANNUAL REPORTS.—The Board shall sub13 mit annual reports to the President and the Com14 mittees on Appropriations of the Senate and House 

15 of Representatives, consolidating applicable quarterly 

16 reports on the use of covered funds. 

17 (3) PUBLIC AVAILABILITY.— 

18 (A) IN GENERAL.—All reports submitted 

19 under this subsection shall be made publicly 

20 available and posted on a website established by 

21 the Board. 

22 (B) REDACTIONS.—Any portion of a re23 port submitted under this subsection may be re24 dacted when made publicly available, if that 

25 portion would disclose information that is not 
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1 subject to disclosure under section 552 of title 

2 5, United States Code (commonly known as the 

3 Freedom of Information Act). 

4 (c) RECOMMENDATIONS.— 

5 (1) IN GENERAL.—The Board shall make rec6 ommendations to agencies on measures to prevent 

7 fraud, waste, and abuse relating to covered funds. 

8 (2) RESPONSIVE REPORTS.—Not later than 30 

9 days after receipt of a recommendation under para10 graph (1), an agency shall submit a report to the 

11 President, the congressional committees of jurisdic12 tion, including the Committees on Appropriations of 

13 the Senate and House of Representatives, and the 

14 Board on— 

15 (A) whether the agency agrees or disagrees 

16 with the recommendations; and 

17 (B) any actions the agency will take to im18 plement the recommendations. 

19 SEC. 1514. POWERS OF THE BOARD. 

20 (a) IN GENERAL.—The Board shall conduct, super21 vise, and coordinate audits and investigations by inspec22 tors general of agencies relating to covered funds. 

23 (b) AUDITS AND INVESTIGATIONS.—The Board 

24 may— 
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1 (1) conduct its own independent audits and in2 vestigations relating to covered funds; and 

3 (2) collaborate on audits and investigations re4 lating to covered funds with any inspector general of 

5 an agency. 

6 (c) AUTHORITIES.— 

7 (1) AUDITS AND INVESTIGATIONS.—In con8 ducting audits and investigations, the Board shall 

9 have the authorities provided under section 6 of the 

10 Inspector General Act of 1978 (5 U.S.C. App.). 

11 (2) STANDARDS AND GUIDELINES.—The Board 

12 shall carry out the powers under subsections (a) and 

13 (b) in accordance with section 4(b)(1) of the Inspec14 tor General Act of 1978 (5 U.S.C. App.). 

15 (d) PUBLIC HEARINGS.—The Board may hold public 

16 hearings and Board personnel may conduct investigative 

17 depositions. The head of each agency shall make all offi18 cers and employees of that agency available to provide tes19 timony to the Board and Board personnel. The Board may 

20 issue subpoenas to compel the testimony of persons who 

21 are not Federal officers or employees. Any such subpoenas 

22 may be enforced as provided under section 6 of the Inspec23 tor General Act of 1978 (5 U.S.C. App.). 

24 (e) CONTRACTS.—The Board may enter into con25 tracts to enable the Board to discharge its duties under 
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1 this subtitle, including contracts and other arrangements 

2 for audits, studies, analyses, and other services with public 

3 agencies and with private persons, and make such pay4 ments as may be necessary to carry out the duties of the 

5 Board. 

6 (f) TRANSFER OF FUNDS.—The Board may transfer 

7 funds appropriated to the Board for expenses to support 

8 administrative support services and audits or investiga9 tions of covered funds to any office of inspector general, 

10 the Office of Management and Budget, the General Serv11 ices Administration, and the Panel. 

12 SEC. 1515. EMPLOYMENT, PERSONNEL, AND RELATED AU13 THORITIES. 

14 (a) EMPLOYMENT AND PERSONNEL AUTHORITIES.— 

15 (1) IN GENERAL.— 

16 (A) AUTHORITIES.—Subject to paragraph 

17 (2), the Board may exercise the authorities of 

18 subsections (b) through (i) of section 3161 of 

19 title 5, United States Code (without regard to 

20 subsection (a) of that section). 

21 (B) APPLICATION.—For purposes of exer22 cising the authorities described under subpara23 graph (A), the term ‘‘Chairperson of the 

24 Board’’ shall be substituted for the term ‘‘head 

25 of a temporary organization’’. 
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1 (C) CONSULTATION.—In exercising the au2 thorities described under subparagraph (A), the 

3 Chairperson shall consult with members of the 

4 Board. 

5 (2) EMPLOYMENT AUTHORITIES.—In exercising 

6 the employment authorities under subsection (b) of 

7 section 3161 of title 5, United States Code, as pro8 vided under paragraph (1) of this subsection— 

9 (A) paragraph (2) of subsection (b) of sec10 tion 3161 of that title (relating to periods of 

11 appointments) shall not apply; and 

12 (B) no period of appointment may exceed 

13 the date on which the Board terminates under 

14 section 1521. 

15 (b) INFORMATION AND ASSISTANCE.— 

16 (1) IN GENERAL.—Upon request of the Board 

17 for information or assistance from any agency or 

18 other entity of the Federal Government, the head of 

19 such entity shall, insofar as is practicable and not in 

20 contravention of any existing law, furnish such infor21 mation or assistance to the Board, or an authorized 

22 designee. 

23 (2) REPORT OF REFUSALS.—Whenever infor24 mation or assistance requested by the Board is, in 

25 the judgment of the Board, unreasonably refused or 
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1 not provided, the Board shall report the cir2 cumstances to the congressional committees of juris3 diction, including the Committees on Appropriations 

4 of the Senate and House of Representatives, without 

5 delay. 

6 (c) ADMINISTRATIVE SUPPORT.—The General Serv7 ices Administration shall provide the Board with adminis8 trative support services, including the provision of office 

9 space and facilities. 

10 SEC. 1516. INDEPENDENCE OF INSPECTORS GENERAL. 

11 (a) INDEPENDENT AUTHORITY.—Nothing in this 

12 subtitle shall affect the independent authority of an in13 spector general to determine whether to conduct an audit 

14 or investigation of covered funds. 

15 (b) REQUESTS BY BOARD.—If the Board requests 

16 that an inspector general conduct or refrain from con17 ducting an audit or investigation and the inspector general 

18 rejects the request in whole or in part, the inspector gen19 eral shall, not later than 30 days after rejecting the re20 quest, submit a report to the Board, the head of the appli21 cable agency, and the congressional committees of juris22 diction, including the Committees on Appropriations of the 

23 Senate and House of Representatives. The report shall 

24 state the reasons that the inspector general has rejected 

25 the request in whole or in part. 
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1 SEC. 1517. 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. 1518. PROTECTING STATE AND LOCAL GOVERNMENT 

7 AND CONTRACTOR WHISTLEBLOWERS. 

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

9 any non-Federal employer receiving covered funds may not 

10 be discharged, demoted, or otherwise discriminated 

11 against as a reprisal for disclosing to the Board, an in12 spector general, the Comptroller General, a member of 

13 Congress, or a the head of a Federal agency, or their rep14 resentatives, information that the employee reasonably be15 lieves is evidence of— 

16 (1) gross mismanagement of an agency contract 

17 or grant relating to covered funds; 

18 (2) a gross waste of covered funds; 

19 (3) a substantial and specific danger to public 

20 health or safety; or 

21 (4) a violation of law related to an agency con22 tract (including the competition for or negotiation of 

23 a contract) or grant, awarded or issued relating to 

24 covered funds. 

25 (b) INVESTIGATION OF COMPLAINTS.— 
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1 (1) IN GENERAL.—A person who believes that 

2 the person has been subjected to a reprisal prohib3 ited by subsection (a) may submit a complaint to the 

4 appropriate inspector general. Unless the inspector 

5 general determines that the complaint is frivolous, 

6 the inspector general shall investigate the complaint 

7 and, upon completion of such investigation, submit 

8 a report of the findings of the investigation to the 

9 person, the person’s employer, the head of the ap10 propriate agency, and the Board. 

11 (2) TIME LIMITATIONS FOR ACTIONS.— 

12 (A) IN GENERAL.—Except as provided 

13 under subparagraph (B), the inspector general 

14 shall make a determination that a complaint is 

15 frivolous or submit a report under paragraph 

16 (1) within 180 days after receiving the com17 plaint. 

18 (B) EXTENSION.—If the inspector general 

19 is unable to complete an investigation in time to 

20 submit a report within the 180-day period spec21 ified under subparagraph (A) and the person 

22 submitting the complaint agrees to an extension 

23 of time, the inspector general shall submit a re24 port under paragraph (1) within such additional 

25 period of time as shall be agreed upon between 
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1 the inspector general and the person submitting 

2 the complaint. 

3 (c) REMEDY AND ENFORCEMENT AUTHORITY.— 

4 (1) AGENCY ACTION.—Not later than 30 days 

5 after receiving an inspector general report under 

6 subsection (b), the head of the agency concerned 

7 shall determine whether there is sufficient basis to 

8 conclude that the non-Federal employer has sub9 jected the complainant to a reprisal prohibited by 

10 subsection (a) and shall either issue an order deny11 ing relief or shall take 1 or more of the following ac12 tions: 

13 (A) Order the employer to take affirmative 

14 action to abate the reprisal. 

15 (B) Order the employer to reinstate the 

16 person to the position that the person held be17 fore the reprisal, together with the compensa18 tion (including back pay), employment benefits, 

19 and other terms and conditions of employment 

20 that would apply to the person in that position 

21 if the reprisal had not been taken. 

22 (C) Order the employer to pay the com23 plainant an amount equal to the aggregate 

24 amount of all costs and expenses (including at25 torneys’ fees and expert witnesses’ fees) that 
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1 were reasonably incurred by the complainant 

2 for, or in connection with, bringing the com3 plaint regarding the reprisal, as determined by 

4 the head of the agency. 

5 (2) CIVIL ACTION.—If the head of an agency 

6 issues an order denying relief under paragraph (1) 

7 or has not issued an order within 210 days after the 

8 submission of a complaint under subsection (b), or 

9 in the case of an extension of time under subsection 

10 (b)(2)(B), not later than 30 days after the expira11 tion of the extension of time, and there is no show12 ing that such delay is due to the bad faith of the 

13 complainant, the complainant shall be deemed to 

14 have exhausted all administrative remedies with re15 spect to the complaint, and the complainant may 

16 bring a de novo action at law or equity against the 

17 employer to seek compensatory damages and other 

18 relief available under this section in the appropriate 

19 district court of the United States, which shall have 

20 jurisdiction over such an action without regard to 

21 the amount in controversy. Such an action shall, at 

22 the request of either party to the action, be tried by 

23 the court with a jury. 

24 (3) EVIDENCE.—An inspector general deter25 mination and an agency head order denying relief 
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1 under paragraph (2) shall be admissible in evidence 

2 in any de novo action at law or equity brought in ac3 cordance with this subsection. 

4 (4) JUDICIAL ENFORCEMENT OF ORDER.— 

5 Whenever a person fails to comply with an order 

6 issued under paragraph (1), the head of the agency 

7 shall file an action for enforcement of such order in 

8 the United States district court for a district in 

9 which the reprisal was found to have occurred. In 

10 any action brought under this paragraph, the court 

11 may grant appropriate relief, including injunctive re12 lief and compensatory and exemplary damages. 

13 (5) JUDICIAL REVIEW.—Any person adversely 

14 affected or aggrieved by an order issued under para15 graph (1) may obtain review of the order’s conform16 ance with this subsection, and any regulations issued 

17 to carry out this section, in the United States court 

18 of appeals for a circuit in which the reprisal is al19 leged in the order to have occurred. No petition 

20 seeking such review may be filed more than 60 days 

21 after issuance of the order by the head of the agen22 cy. Review shall conform to chapter 7 of title 5, 

23 United States Code. 

24 (d) RULE OF CONSTRUCTION.—Nothing in this sec25 tion may be construed to authorize the discharge of, demo-
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1 tion of, or discrimination against an employee for a disclo2 sure other than a disclosure protected by subsection (a) 

3 or to modify or derogate from a right or remedy otherwise 

4 available to the employee. 

5 SEC. 1519. BOARD WEBSITE. 

6 (a) ESTABLISHMENT.—The Board shall establish and 

7 maintain a user-friendly, public-facing website to foster 

8 greater accountability and transparency in the use of cov9 ered funds. 

10 (b) PURPOSE.—The website established and main11 tained under subsection (a) shall be a portal or gateway 

12 to key information relating to this Act and provide connec13 tions to other Government websites with related informa14 tion. 

15 (c) CONTENT AND FUNCTION.—In establishing the 

16 website established and maintained under subsection (a), 

17 the Board shall ensure the following: 

18 (1) The website shall provide materials explain19 ing what this Act means for citizens. The materials 

20 shall be easy to understand and regularly updated. 

21 (2) The website shall provide accountability in22 formation, including a database of findings from au23 dits, inspectors general, and the Government Ac24 countability Office. 
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1 (3) The website shall provide data on relevant 

2 economic, financial, grant, and contract information 

3 in user-friendly visual presentations to enhance pub4 lic awareness of the use of covered funds. 

5 (4) The website shall provide detailed data on 

6 contracts awarded by the Government that expend 

7 covered funds, including information about the com8 petitiveness of the contracting process, notification 

9 of solicitations for contracts to be awarded, and in10 formation about the process that was used for the 

11 award of contracts. 

12 (5) The website shall include printable reports 

13 on covered funds obligated by month to each State 

14 and congressional district. 

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

16 public to give feedback on the performance of con17 tracts that expend covered funds. 

18 (7) The website shall be enhanced and updated 

19 as necessary to carry out the purposes of this sub20 title. 

21 (d) WAIVER.—The Board may exclude posting con22 tractual or other information on the website on a case23 by-case basis when necessary to protect national security. 
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1 SEC. 1520. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as necessary to carry out this subtitle. 

4 SEC. 1521. TERMINATION OF THE BOARD. 

5 The Board shall terminate on September 30, 2012. 

6 Subtitle B—Recovery Independent 

7 Advisory Panel 

8 SEC. 1531. ESTABLISHMENT OF RECOVERY INDEPENDENT 

9 ADVISORY PANEL. 

10 (a) ESTABLISHMENT.—There is established the Re11 covery Independent Advisory Panel. 

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

13 5 members who shall be appointed by the President. 

14 (c) QUALIFICATIONS.—Members shall be appointed 

15 on the basis of expertise in economics, public finance, con16 tracting, accounting, or any other relevant field. 

17 (d) INITIAL MEETING.—Not later than 30 days after 

18 the date on which all members of the Panel have been 

19 appointed, the Panel shall hold its first meeting. 

20 (e) MEETINGS.—The Panel shall meet at the call of 

21 the Chairperson of the Panel. 

22 (f) QUORUM.—A majority of the members of the 

23 Panel shall constitute a quorum, but a lesser number of 

24 members may hold hearings. 
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1 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The 

2 Panel shall select a Chairperson and Vice Chairperson 

3 from among its members. 

4 SEC. 1532. DUTIES OF THE PANEL. 

5 The Panel shall make recommendations to the Board 

6 on actions the Board could take to prevent fraud, waste, 

7 and abuse relating to covered funds. 

8 SEC. 1533. POWERS OF THE PANEL. 

9 (a) HEARINGS.—The Panel may hold such hearings, 

10 sit and act at such times and places, take such testimony, 

11 and receive such evidence as the Panel considers advisable 

12 to carry out this subtitle. 

13 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

14 Panel may secure directly from any agency such informa15 tion as the Panel considers necessary to carry out this sub16 title. Upon request of the Chairperson of the Panel, the 

17 head of such agency shall furnish such information to the 

18 Panel. 

19 (c) POSTAL SERVICES.—The Panel may use the 

20 United States mails in the same manner and under the 

21 same conditions as agencies of the Federal Government. 

22 (d) GIFTS.—The Panel may accept, use, and dispose 

23 of gifts or donations of services or property. 
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1 SEC. 1534. PANEL PERSONNEL MATTERS. 

2 (a) COMPENSATION OF MEMBERS.—Each member of 

3 the Panel who is not an officer or employee of the Federal 

4 Government shall be compensated at a rate equal to the 

5 daily equivalent of the annual rate of basic pay prescribed 

6 for level IV of the Executive Schedule under section 5315 

7 of title 5, United States Code, for each day (including 

8 travel time) during which such member is engaged in the 

9 performance of the duties of the Panel. All members of 

10 the Panel who are officers or employees of the United 

11 States shall serve without compensation in addition to that 

12 received for their services as officers or employees of the 

13 United States. 

14 (b) TRAVEL EXPENSES.—The members of the Panel 

15 shall be allowed travel expenses, including per diem in lieu 

16 of subsistence, at rates authorized for employees of agen17 cies under subchapter I of chapter 57 of title 5, United 

18 States Code, while away from their homes or regular 

19 places of business in the performance of services for the 

20 Panel. 

21 (c) STAFF.— 

22 (1) IN GENERAL.—The Chairperson of the 

23 Panel may, without regard to the civil service laws 

24 and regulations, appoint and terminate an executive 

25 director and such other additional personnel as may 

26 be necessary to enable the Panel to perform its du-
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1 ties. The employment of an executive director shall 

2 be subject to confirmation by the Panel. 

3 (2) COMPENSATION.—The Chairperson of the 

4 Panel may fix the compensation of the executive di5 rector and other personnel without regard to chapter 

6 51 and subchapter III of chapter 53 of title 5, 

7 United States Code, relating to classification of posi8 tions and General Schedule pay rates, except that 

9 the rate of pay for the executive director and other 

10 personnel may not exceed the rate payable for level 

11 V of the Executive Schedule under section 5316 of 

12 such title. 

13 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

14 (A) IN GENERAL.—The executive director 

15 and any personnel of the Panel who are employ16 ees shall be employees under section 2105 of 

17 title 5, United States Code, for purposes of 

18 chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, 

19 and 90 of that title. 

20 (B) MEMBERS OF PANEL.—Subparagraph 

21 (A) shall not be construed to apply to members 

22 of the Panel. 

23 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

24 Federal Government employee may be detailed to the 

25 Panel without reimbursement, and such detail shall be 
426 

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1 without interruption or loss of civil service status or privi2 lege. 

3 (e) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The Chairperson of the Panel may pro5 cure temporary and intermittent services under section 

6 3109(b) of title 5, United States Code, at rates for individ7 uals which do not exceed the daily equivalent of the annual 

8 rate of basic pay prescribed for level V of the Executive 

9 Schedule under section 5316 of such title. 

10 (f) ADMINISTRATIVE SUPPORT.—The General Serv11 ices Administration shall provide the Board with adminis12 trative support services, including the provision of office 

13 space and facilities. 

14 SEC. 1535. TERMINATION OF THE PANEL. 

15 The Panel shall terminate on September 30, 2012. 

16 SEC. 1536. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as necessary to carry out this subtitle. 

19 Subtitle C—Reports of the Council 

20 of Economic Advisers 

21 SEC. 1541. REPORTS OF THE COUNCIL OF ECONOMIC AD22 VISERS. 

23 (a) IN GENERAL.—In consultation with the Director 

24 of the Office of Management and Budget and the Sec25 retary of the Treasury, the Chairperson of the Council of 
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1 Economic Advisers shall submit quarterly reports to the 

2 Committees on Appropriations of the Senate and House 

3 of Representatives that detail the estimated impact of pro4 grams funded through covered funds on employment, eco5 nomic growth, and other key economic indicators. 

6 (b) SUBMISSION.—The first report under subsection 

7 (a) shall be submitted not later than 15 days after the 

8 end of the first full quarter following the date of enact9 ment of this Act. The last report required to be submitted 

10 under subsection (a) shall apply to the quarter in which 

11 the Board terminates under section 1521. 

12 TITLE XVI—GENERAL PROVISIONS—THIS ACT 

13 EMERGENCY DESIGNATION

14 SEC. 1601. Each amount in this Act is designated 

15 as an emergency requirement and necessary to meet emer16 gency needs pursuant to section 204(a) of S. Con. Res. 

17 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 

18 70 (110th Congress), the concurrent resolutions on the 

19 budget for fiscal years 2008 and 2009. 

20 AVAILABILITY

21 SEC. 1602. No part of any appropriation contained 

22 in this Act shall remain available for obligation beyond 

23 the current fiscal year unless expressly so provided herein. 

24 RELATIONSHIP TO OTHER APPROPRIATIONS

25 SEC. 1603. Each amount appropriated or made avail26 able in this Act is in addition to amounts otherwise appro-
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1 priated for the fiscal year involved. Enactment of this Act 

2 shall have no effect on the availability of amounts under 

3 the Continuing Appropriations Resolution, 2009 (division 

4 A of Public Law 110–329). 

5 BUY AMERICAN

6 SEC. 1604. USE OF AMERICAN IRON, STEEL, AND

7 MANUFACTURED GOODS. (a) None of the funds appro8 priated or otherwise made available by this Act may be 

9 used for a project for the construction, alteration, mainte10 nance, or repair of a public building or public work unless 

11 all of the iron, steel, and manufactured goods used in the 

12 project are produced in the United States. 

13 (b) Subsection (a) shall not apply in any case in 

14 which the head of the Federal department or agency in15 volved finds that— 

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

18 (2) iron, steel, and the relevant manufactured 

19 goods are not produced in the United States if suffi20 cient and reasonably available quantities and of a 

21 satisfactory quality; or 

22 (3) inclusion of iron, steel, and manufactured 

23 goods produced in the United States will increase 

24 the cost of the overall project by more than 25 per25 cent. 
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1 (c) If the head of a Federal department or agency 

2 determines that it is necessary to waive the application 

3 of subsection (a) based on a finding under subsection (b), 

4 the head of the department or agency shall publish in the 

5 Federal Register a detailed written jurisdiction as to why 

6 the provision is being waived. 

7 (d) In this section, the terms ‘‘public building’’ and 

8 ‘‘public work’’ have the meanings given such terms in sec9 tion 1 of the Buy American Act (41 U.S.C. 10c) and in10 clude airports, bridges, canals, dams, dikes, pipelines, rail11 roads, multiline mass transit systems, roads, tunnels, har12 bors, and piers. 

13 CERTIFICATION

14 SEC. 1605. With respect to funds in titles I though 

15 XVI of this Act made available to State, or local govern16 ment agencies, the Governor, mayor, or other chief execu17 tive, as appropriate, shall certify that the infrastructure 

18 investment has received the full review and vetting re19 quired by law and that the chief executive accepts respon20 sibility that the infrastructure investment is an appro21 priate use of taxpayer dollars. A State or local agency may 

22 not receive infrastructure investment funding from funds 

23 made available in this Act unless this certification is made. 

24 ECONOMIC STABILIZATION CONTRACTING

25 SEC. 1606. REFORM OF CONTRACTING PROCEDURES

26 UNDER EESA. Section 107(b) of the Emergency Eco-
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1 nomic Stabilization Act of 2008 (12 U.S.C. 5217(b)) is 

2 amended by inserting ‘‘and individuals with disabilities 

3 and businesses owned by individuals with disabilities (for 

4 purposes of this subsection the term ‘individual with dis5 ability’ has the same meaning as the term ‘handicapped 

6 individual’ as that term is defined in section 3(f) of the 

7 Small Business Act (15 U.S.C. 632(f)),’’ after ‘‘(12 

8 U.S.C. 1441a(r)(4)),’’. 

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

10 and Reinvestment Act of 2009’’. 
Calendar No. 19 

111TH CONGRESS 

1ST SESSION S. 336 

[Report No. 111–3] 

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, 

JANAURY 27, 2009 

Read twice and placed on the calendar