In the House of Representatives, U. S., 

December 16, 2009. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 2847) entitled ‘‘An Act making appropriations for the Departments of Commerce and Justice, 

and Science, and Related Agencies for the fiscal year ending 

September 30, 2010, and for other purposes.’’, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 DIVISION A—COMMERCE, JUSTICE, 

2 SCIENCE, AND RELATED AGENCIES AP3 PROPRIATIONS ACT, 2010 

4 That the following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for the 

6 fiscal year ending September 30, 2010, and for other pur7 poses, namely: 
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1 TITLE I—INFRASTRUCTURE AND JOBS 

2 INVESTMENT 

3 CHAPTER 1—JUSTICE 

4 DEPARTMENT OF JUSTICE 

5 COMMUNITY ORIENTED POLICING SERVICES

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Community Oriented 

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

9 I of the 1968 Omnibus Crime Control and Safe Streets Act 

10 (42 U.S.C. 3796dd) for hiring and rehiring of additional 

11 career law enforcement officers under part Q of such title, 

12 notwithstanding subsection (i) of such section, 

13 $1,179,000,000, of which $2,950,000 shall be transferred to 

14 ‘‘State and Local Law Enforcement Activities, Salaries and 

15 Expenses’’ for management, administration and oversight 

16 of such grants. 

17 CHAPTER 2—ENERGY AND WATER 

18 DEVELOPMENT 

19 CORPS OF ENGINEERS—CIVIL WORKS 

20 DEPARTMENT OF THE ARMY 

21 CORPS OF ENGINEERS—CIVIL

22 CONSTRUCTION

23 (INCLUDING TRANSFERS OF FUNDS)

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

25 $715,000,000: Provided, That section 102 of Public Law 
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1 109–103 (33 U.S.C. 2221) shall not apply to funds provided 

2 in this title: Provided further, That not less than 

3 $30,000,000 of the funds provided shall be for water-related 

4 environmental infrastructure assistance: Provided further, 

5 That up to $30,000,000 of the funds provided under this 

6 heading may be transferred to ‘‘Mississippi Rivers and 

7 Tributaries’’ for authorized projects and activities: Provided 

8 further, That notwithstanding any other provision of law, 

9 funds provided under this heading shall not be cost shared 

10 with the Inland Waterways Trust Fund as authorized in 

11 Public Law 99–662: Provided further, That funds provided 

12 under this heading shall only be allocated to programs, 

13 projects or activities that heretofore received funds provided 

14 in Acts making appropriations available for Energy and 

15 Water Development and that are selected using only the fol16 lowing criteria in order of priority: programs, projects or 

17 activities that can be commenced quickly; programs, 

18 projects or activities that will create immediate employ19 ment; programs, projects or activities that will be executed 

20 by contract or direct hire of temporary labor; and pro21 grams, projects or activities that are located in a State with 

22 high unemployment: Provided further, That the limitation 

23 concerning total project costs in section 902 of the Water 

24 Resources Development Act of 1986 (33 U.S.C. 2280), shall 

25 not apply during fiscal years 2010 and 2011 for any project 
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1 receiving funds provided in this title: Provided further, 

2 That for projects that are being completed with funds ap3 propriated in this paragraph that would otherwise be ex4 pired for obligation, expired funds appropriated in this 

5 paragraph may be used to pay the cost of associated super6 vision, inspection, overhead, engineering and design on 

7 those projects and on subsequent claims, if any: Provided 

8 further, That funds made available under this heading shall 

9 be apportioned by the Office of Management and Budget 

10 not later than 30 days after the date of enactment of this 

11 Act and allocated by the Secretary of the Army to specific 

12 programs, projects or activities not later than 45 days after 

13 the date of enactment of this Act: Provided further, That 

14 the Secretary of the Army shall submit a quarterly report 

15 to the Committees on Appropriations of the House of Rep16 resentatives and the Senate detailing the allocation, obliga17 tion and expenditures of these funds, including an expla18 nation of how each selected program, project or activity ful19 fills the funding criteria above, beginning not later than 

20 45 days after the date of enactment of this Act: Provided 

21 further, That the Secretary shall have unlimited reprogram22 ming authority for the funds provided under this heading: 

23 Provided further, That up to 0.5 percent of funds provided 

24 under this heading may be transferred to ‘‘Expenses’’ for 
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•HR 2847 EAH 

1 the purposes of management and oversight of the programs, 

2 projects or activities funded by this paragraph. 

3 DEPARTMENT OF THE INTERIOR 

4 BUREAU OF RECLAMATION

5 WATER AND RELATED RESOURCES

6 (INCLUDING TRANSFERS OF FUNDS)

7 For an additional amount for ‘‘Water and Related Re8 sources’’, $100,000,000: Provided, That of the amount ap9 propriated under this heading, not less than $26,000,000 

10 shall be used for water reclamation and reuse projects au11 thorized under title XVI of Public Law 102–575: Provided 

12 further, That up to $30,000,000 of the funds provided under 

13 this heading may be used for programs, projects, and activi14 ties authorized by Public Law 108–361 and up to 

15 $10,000,000 of the funds provided under this heading may 

16 be transferred to the Department of the Interior for pro17 grams, projects, and activities authorized by titles II–V of 

18 Public Law 102–575: Provided further, That funds pro19 vided under this heading shall only be allocated to pro20 grams, projects or activities that heretofore received funds 

21 provided in Acts making appropriations available for En22 ergy and Water Development: Provided further, That for 

23 projects that are being completed with funds appropriated 

24 in this paragraph that would otherwise be expired for obli25 gation, expired funds appropriated in this paragraph may 
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•HR 2847 EAH 

1 be used to pay the cost of associated supervision, inspection, 

2 overhead, engineering and design on those projects and on 

3 subsequent claims, if any: Provided further, That the Sec4 retary of the Interior shall submit a quarterly report to the 

5 Committees on Appropriations of the House of Representa6 tives and the Senate detailing the allocation, obligation and 

7 expenditures of these funds, beginning not later than 45 

8 days after the date of enactment of this Act: Provided fur9 ther, That the Secretary shall have unlimited reprogram10 ming authority for the funds provided under this heading: 

11 Provided further, That up to 0.5 percent of funds appro12 priated under this heading may be transferred to ‘‘Policy 

13 and Administration’’ for the purposes of management and 

14 oversight of the programs, projects, or activities funded by 

15 this paragraph. 

16 DEPARTMENT OF ENERGY 

17 ENERGY PROGRAMS 

18 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

19 PROGRAM

20 For an additional amount for ‘‘Title 17 Innovative 

21 Technology Loan Guarantee Program’’ for the cost of guar22 anteed loans authorized by section 1705 of the Energy Pol23 icy Act of 2005, $2,000,000,000, available until expended: 

24 Provided, That the cost of such loans, including the cost 
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1 of modifying such loans, shall be as defined in section 502 

2 of the Congressional Budget Act of 1974. 

3 GENERAL PROVISION, THIS CHAPTER

4 INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN

5 GUARANTEE PROGRAM

6 SEC. 1201. (a) SPECIFIC APPROPRIATION OR CON7 TRIBUTION.—Section 1702 of the Energy Policy Act of 2005 

8 (42 U.S.C. 16512) is amended— 

9 (1) by striking subsection (b) and inserting the 

10 following: 

11 ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 

12 ‘‘(1) IN GENERAL.—No guarantee shall be made 

13 unless— 

14 ‘‘(A) an appropriation for the cost has been 

15 made; 

16 ‘‘(B) the Secretary has received from the 

17 borrower a payment in full for the cost of the ob18 ligation and deposited the payment into the 

19 Treasury; or 

20 ‘‘(C) a combination of appropriations or 

21 payments from the borrower has been made suffi22 cient to cover the cost of the obligation. 

23 ‘‘(2) LIMITATION.—The source of payments re24 ceived from a borrower under paragraph (1)(B) or 

25 (C) shall not be a loan or other debt obligation that 
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•HR 2847 EAH 

1 is made or guaranteed by the Federal Government.’’; 

2 and 

3 (2) by adding at the end the following: 

4 ‘‘(k) CREDIT REPORT.—If, in the opinion of the Sec5 retary, a third-party credit rating of the applicant or 

6 project is not relevant to the determination of the credit 

7 risk of a project, if the project costs are not projected to 

8 exceed $100,000,000, and the applicant agrees to accept the 

9 credit rating assigned to the applicant by the Secretary, 

10 the Secretary may waive any otherwise applicable require11 ment (including any requirement described in part 609 of 

12 title 10, Code of Federal Regulations) to provide a third13 party credit report. 

14 ‘‘(l) DIRECT HIRE AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding section 

16 3304 and sections 3309 through 3318 of title 5, 

17 United States Code, the head of the loan guarantee 

18 program under this title (referred to in this subsection 

19 as the ‘Executive Director’) may, on a determination 

20 that there is a severe shortage of candidates or a se21 vere hiring need for particular positions to carry out 

22 the functions of this title, recruit and directly appoint 

23 highly qualified critical personnel with specialized 

24 knowledge important to the function of the programs 

25 under this title into the competitive service. 
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1 ‘‘(2) EXCEPTION.—The authority granted under 

2 paragraph (1) shall not apply to positions in the ex3 cepted service or the Senior Executive Service. 

4 ‘‘(3) REQUIREMENTS.—In exercising the author5 ity granted under paragraph (1), the Executive Di6 rector shall ensure that any action taken by the Exec7 utive Director— 

8 ‘‘(A) is consistent with the merit principles 

9 of section 2301 of title 5, United States Code; 

10 and 

11 ‘‘(B) complies with the public notice re12 quirements of section 3327 of title 5, United 

13 States Code. 

14 ‘‘(4) SUNSET.—The authority provided under 

15 paragraph (1) shall terminate on January 1, 2011. 

16 ‘‘(m) MULTIPLE SITES.—Notwithstanding any con17 trary requirement (including any provision under part 

18 609.12 of title 10, Code of Federal Regulations) an eligible 

19 project may be located on 2 or more non-contiguous sites 

20 in the United States.’’. 

21 (b) APPLICATIONS FOR MULTIPLE ELIGIBLE

22 PROJECTS.—Section 1705 of the Energy Policy Act of 2005 

23 (42 U.S.C. 16516) is amended— 

24 (1) by redesignating subsection (e) as subsection 

25 (f); and 
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1 (2) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) MULTIPLE APPLICATIONS.—Notwithstanding any 

4 contrary requirement (including any provision under part 

5 609.3(a) of title 10, Code of Federal Regulations), a project 

6 applicant or sponsor of an eligible project may submit an 

7 application for more than 1 eligible project under this sec8 tion.’’. 

9 (c) ENERGY EFFICIENCY LOAN GUARANTEES.—Sec10 tion 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 

11 16516(a)) is amended by adding at the end the following: 

12 ‘‘(4) Energy efficiency projects, including 

13 projects to retrofit residential, commercial, and indus14 trial buildings, facilities, and equipment.’’. 

15 CHAPTER 3—HOMELAND SECURITY 

16 DEPARTMENT OF HOMELAND SECURITY 

17 FEDERAL EMERGENCY MANAGEMENT AGENCY

18 FIREFIGHTER ASSISTANCE GRANTS

19 For an additional amount for ‘‘Firefighter Assistance 

20 Grants’’ for necessary expenses for programs authorized by 

21 section 34 of the Federal Fire Prevention and Control Act 

22 of 1974 (15 U.S.C. 2229a), $500,000,000: Provided, That 

23 notwithstanding any provision under section 34(a)(1)(A) of 

24 such Act specifying that grants must be used to increase 

25 the number of firefighters in fire departments, the Secretary 
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•HR 2847 EAH 

1 of Homeland Security, in making grants under section 34 

2 of such Act for fiscal year 2010, shall grant waivers from 

3 the requirements of subsections (a)(1)(B), (c)(1), (c)(2), and 

4 (c)(4)(A) of such section: Provided further, That section 

5 34(a)(1)(E) of such Act shall not apply with respect to 

6 funds appropriated in this or any other Act making appro7 priations for fiscal year 2010 for grants under section 34 

8 of such Act: Provided further, That the Secretary of Home9 land Security, in making grants under section 34 of such 

10 Act, shall ensure that funds appropriated under this or any 

11 other Act making appropriations for fiscal year 2010 are 

12 made available for the retention of firefighters and shall 

13 award grants not later than 120 days after the date of en14 actment of this Act: Provided further, That the Secretary 

15 may transfer any unused funds under this heading to make 

16 grants for programs authorized by section 33 of such Act 

17 (15 U.S.C. 2229) after notification to the Committees on 

18 Appropriations of the Senate and the House of Representa19 tives. 
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1 CHAPTER 4—INTERIOR AND ENVIRONMENT 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF LAND MANAGEMENT

4 MANAGEMENT OF LANDS AND RESOURCES

5 For an additional amount for ‘‘Management of Lands 

6 and Resources’’, for activities on all Bureau of Land Man7 agement lands using term employment, $20,000,000. 

8 UNITED STATES FISH AND WILDLIFE SERVICE

9 RESOURCE MANAGEMENT

10 For an additional amount for ‘‘Resource Manage11 ment’’, for activities using term employment, $30,000,000. 

12 NATIONAL PARK SERVICE

13 OPERATION OF THE NATIONAL PARK SYSTEM

14 For an additional amount for ‘‘Operation of the Na15 tional Park System’’, for activities on all national park 

16 units using term employment, $50,000,000. 

17 DEPARTMENT-WIDE PROGRAMS

18 WILDLAND FIRE MANAGEMENT

19 For an additional amount for ‘‘Wildland Fire Man20 agement’’, for hazardous fuels reduction and related activi21 ties including necessary inventory and monitoring, using 

22 term employment, $20,000,000. 
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•HR 2847 EAH 

1 ENVIRONMENTAL PROTECTION AGENCY 

2 STATE AND TRIBAL ASSISTANCE GRANTS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For an additional amount for ‘‘State and Tribal As5 sistance Grants’’, $2,000,000,000, of which $1,000,000,000 

6 shall be for capitalization grants for the Clean Water State 

7 Revolving Funds under title VI of the Federal Water Pollu8 tion Control Act and $1,000,000,000 shall be for capitaliza9 tion grants under section 1452 of the Safe Drinking Water 

10 Act: Provided, That the Administrator may retain up to 

11 1 percent of the funds appropriated herein for management 

12 and oversight purposes: Provided further, That funds ap13 propriated herein shall not be subject to the matching or 

14 cost share requirements of sections 602(b)(2), 602(b)(3) or 

15 202 of the Federal Water Pollution Control Act nor the 

16 matching requirements of section 1452(e) of the Safe Drink17 ing Water Act: Provided further, That the Administrator 

18 shall reallocate funds appropriated herein for the Clean and 

19 Drinking Water State Revolving Funds (Revolving Funds) 

20 where projects are not under contract or construction with21 in 8 months of the date of enactment of this Act: Provided 

22 further, That notwithstanding the priority rankings they 

23 would otherwise receive under each program, priority for 

24 funds appropriated herein shall be given to projects on a 

25 State priority list that are ready to proceed to construction 
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•HR 2847 EAH 

1 within 12 months of the date of enactment of this Act: Pro2 vided further, That notwithstanding the requirements of sec3 tion 603(d) of the Federal Water Pollution Control Act or 

4 section 1452(f) of the Safe Drinking Water Act, for the 

5 funds appropriated herein, each State shall use not less 

6 than 50 percent of the amount of its capitalization grants 

7 to provide additional subsidization to eligible recipients in 

8 the form of forgiveness of principal, negative interest loans 

9 or grants or any combination of these: Provided further, 

10 That, to the extent there are sufficient eligible project appli11 cations, not less than 20 percent of the funds appropriated 

12 herein for the Revolving Funds shall be for projects to ad13 dress green infrastructure, water or energy efficiency im14 provements or other environmentally innovative activities: 

15 Provided further, That notwithstanding the limitation on 

16 amounts specified in section 518(c) of the Federal Water 

17 Pollution Control Act, up to 2.0 percent of the funds appro18 priated herein for the Clean Water State Revolving Funds 

19 may be reserved by the Administrator for tribal grants 

20 under section 518(c) of such Act: Provided further, That up 

21 to 4 percent of the funds appropriated herein for tribal set22 asides under the Revolving Funds may be transferred to the 

23 Indian Health Service to support management and over24 sight of tribal projects: Provided further, That none of the 

25 funds appropriated herein shall be available for the pur-
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•HR 2847 EAH 

1 chase of land or easements as authorized by section 603(c) 

2 of the Federal Water Pollution Control Act or for activities 

3 authorized by section 1452(k) of the Safe Drinking Water 

4 Act: Provided further, That notwithstanding section 

5 603(d)(2) of the Federal Water Pollution Control Act and 

6 section 1452(f)(2) of the Safe Drinking Water Act, funds 

7 may be used to buy, refinance, or restructure the debt obli8 gations of eligible recipients only where such debt was in9 curred on or after October 1, 2009: Provided further, That 

10 section 1606 of title XVI of Public Law 111–5 shall apply 

11 to the use of the funds provided under this heading. 

12 DEPARTMENT OF AGRICULTURE

13 FOREST SERVICE

14 STATE AND PRIVATE FORESTRY

15 For an additional amount for ‘‘State and Private For16 estry’’, for financial assistance to States and territories for 

17 authorized activities using term employment, $75,000,000. 

18 NATIONAL FOREST SYSTEM

19 For an additional amount for ‘‘National Forest Sys20 tem’’, for activities on the National Forest System using 

21 term employment, $40,000,000. 

22 WILDLAND FIRE MANAGEMENT

23 For an additional amount for ‘‘Wildland Fire Man24 agement’’, for hazardous fuels reduction and related activi25 ties using term employment, $35,000,000. 
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•HR 2847 EAH 

1 GENERAL PROVISIONS, THIS CHAPTER

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 1401. Funds made available to the Environ4 mental Protection Agency by this Act for management and 

5 oversight purposes shall remain available until September 

6 30, 2012, and may be transferred to the ‘‘Environmental 

7 Programs and Management’’ account as needed. 

8 SEC. 1402. In carrying out the work for which funds 

9 in this title are being made available, the Secretary of the 

10 Interior and the Secretary of Agriculture shall utilize, to 

11 the maximum extent practicable, the Public Lands Corps, 

12 Youth Conservation Corps, Student Conservation Associa13 tion, Job Corps, Corps Network members, and other related 

14 partnerships with Federal, State, local, tribal or non-profit 

15 groups that serve young adults, underserved and minority 

16 populations, veterans, and special needs individuals. 

17 CHAPTER 5—LABOR, HEALTH AND HUMAN SERV18 ICES, AND EDUCATION, AND RELATED AGEN19 CIES 

20 DEPARTMENT OF LABOR 

21 EMPLOYMENT AND TRAINING ADMINISTRATION

22 TRAINING AND EMPLOYMENT SERVICES

23 For an additional amount for ‘‘Training and Employ24 ment Services’’ for activities under the Workforce Invest25 ment Act of 1998 (‘‘WIA’’), $1,250,000,000, which shall be 
17 

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1 available for obligation on the date of enactment of this Act, 

2 as follows: 

3 (1) $500,000,000 for grants to the States for 

4 youth activities: Provided, That such funds shall be 

5 used solely for summer employment programs for 

6 youth: Provided further, That no portion of such 

7 funds shall be reserved to carry out section 

8 127(b)(1)(A) of the WIA: Provided further, That for 

9 purposes of section 127(b)(1)(C)(iv) of the WIA, funds 

10 available for youth activities shall be allotted as if the 

11 total amount available for youth activities in the fis12 cal year does not exceed $1,000,000,000: Provided fur13 ther, That the work readiness performance indicator 

14 described in section 136(b)(2)(A)(ii)(I) of the WIA 

15 shall be the only measure of performance used to as16 sess the effectiveness of summer employment for youth 

17 provided with such funds: Provided further, That an 

18 in-school youth shall meet the requirement that eligi19 ble youth be a low-income individual under section 

20 101(13)(B) of the WIA if such youth has been deter21 mined to meet the eligibility requirements for free 

22 meals under the National School Lunch Act (42 

23 U.S.C. 1751 et seq.) during the most recent school 

24 year; and 
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1 (2) $750,000,000 for a program of competitive 

2 grants for worker training and placement in high 

3 growth and emerging industry sectors: Provided, That 

4 $275,000,000 shall be for job training projects that 

5 prepare workers for careers in energy efficiency and 

6 renewable energy as described in section 171(e)(1)(B) 

7 of the WIA, of which $225,000,000 shall be for Path8 ways Out of Poverty projects: Provided further, That 

9 in awarding grants from those funds not dedicated in 

10 the preceding proviso, the Secretary of Labor shall 

11 give priority to projects that prepare workers for ca12 reers in the health care sector. 

13 DEPARTMENT OF EDUCATION 

14 EDUCATION JOBS FUND

15 For necessary expenses for an Education Jobs Fund, 

16 $23,000,000,000, which shall remain available for obliga17 tion through September 30, 2010 and shall be administered 

18 under the terms and conditions of sections 14001 through 

19 14013 of title XIV, and title XV, of division A of the Amer20 ican Recovery and Reinvestment Act of 2009 (Public Law 

21 111–5), except as follows: 

22 (1) ALLOTMENTS TO STATES AND TERRI23 TORIES.—Such funds shall be available only for allo24 cations by the Secretary under subsections (a) and (d) 

25 of section 14001. 
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1 (2) RESERVATION.—With respect to funds appro2 priated under this heading, a State that receives an 

3 allocation may reserve not more than 5 percent for— 

4 (A) the administrative costs of carrying out 

5 its responsibilities with respect to those funds, 

6 provided the State reserves not more than 1 per7 cent of its total allocation for those costs; and 

8 (B) retaining or creating positions in the 

9 State educational agency or the State agency for 

10 higher education, and other State agency posi11 tions related to the administration or support of 

12 early childhood, elementary, secondary or post13 secondary education. 

14 (3) AWARDS TO LOCAL EDUCATIONAL AGENCIES

15 AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION.— 

16 (A) Except as specified under paragraph 

17 (2), an allocation of such funds to a State under 

18 section 14001(d) shall be used only for awards to 

19 local educational agencies and public institu20 tions of higher education for the support of ele21 mentary, secondary, and postsecondary edu22 cation. The Governor shall determine how the 

23 funds appropriated under this heading are allo24 cated for elementary and secondary education 

25 and for public institutions of higher education. 
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1 In making the determination in the preceding 

2 sentence, the Governor shall allocate funds 

3 among the categories of elementary and sec4 ondary education and public institutions of 

5 higher education generally in proportion to any 

6 reductions in State funds for such categories. 

7 (B) Funds used to support elementary and 

8 secondary education shall be distributed through 

9 the State’s primary elementary and secondary 

10 funding formulae. 

11 (C) Section 14002(a) and (b) shall not 

12 apply. 

13 (4) INAPPLICABILITY OF EDUCATION REFORM AS14 SURANCES.—Subsection (b)(2), and paragraphs (1) 

15 through (5) of subsection (d), of section 14005 shall 

16 not apply to any application for an allocation of such 

17 funds. 

18 (5) REQUIREMENT TO USE FUNDS TO RETAIN OR

19 CREATE EDUCATION JOBS.—Notwithstanding sections 

20 14003(a) and 14004(a), such funds may be used only 

21 for compensation and benefits and other expenses, 

22 such as support services, necessary to retain existing 

23 employees, for activities defined in section 101(31) of 

24 the Workforce Investment Act of 1998, and to hire 

25 new employees in order to provide early childhood, el-
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•HR 2847 EAH 

1 ementary, secondary, or postsecondary educational 

2 and related services or for modernization, renovation, 

3 and repair of public school facilities and facilities of 

4 institutions of higher education. 

5 (6) PROHIBITION ON USE OF FUNDS FOR RAINY6 DAY FUNDS OR DEBT RETIREMENT.—A State that re7 ceives an allocation may not use such funds, directly 

8 or indirectly, to establish, restore, or supplement a 

9 rainy-day fund, or to supplant State funds in a man10 ner that has the effect of establishing, restoring, or 

11 supplementing a rainy-day fund; or to reduce or re12 tire debt obligations incurred by the State, or to sup13 plant State funds in a manner that has the effect of 

14 reducing or retiring debt obligations incurred by the 

15 State, provided that this prohibition shall not apply 

16 to fund balances that are necessary to comply with 

17 any State requirement to maintain a balanced budg18 et. 

19 (7) APPLICATION CONSIDERATIONS.—If, by a 

20 date set by the Secretary, a Governor has not sub21 mitted an approvable application under section 

22 14005(a), the Secretary may provide for the distribu23 tion of funds allocated under section 14001(d) to an24 other entity or other entities in the State, under such 

25 terms and conditions as the Secretary may establish, 
22 

•HR 2847 EAH 

1 provided that all terms and conditions that apply to 

2 the appropriation under this heading shall apply to 

3 such funds distributed to such entity or entities. 

4 (8) LOCAL EDUCATIONAL AGENCY APPLICA5 TION.—Section 442 of the General Education Provi6 sions Act does not apply to a local educational agency 

7 that has previously submitted an application to the 

8 State under title XIV of division A of the American 

9 Recovery and Reinvestment Act of 2009. The assur10 ances provided under that application shall continue 

11 to apply to funds awarded under this heading. 

12 (9) MAINTENANCE OF EFFORT.—The Secretary 

13 shall not allocate funds to a State under paragraph 

14 (1) unless the Governor of the State provides an as15 surance to the Secretary that the State will— 

16 (A) for fiscal year 2010— 

17 (i) maintain State support for elemen18 tary, secondary, and public higher edu19 cation (not including support for capital 

20 projects or research and development or tui21 tion and fees paid by students), in the ag22 gregate, at the level of such support for fis23 cal year 2009; or 

24 (ii) maintain State support for ele25 mentary, secondary, and public higher edu-
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•HR 2847 EAH 

1 cation (not including support for capital 

2 projects or research and development or tui3 tion and fees paid by students), in the ag4 gregate, at a level no less than such support 

5 for fiscal year 2006, provided that if a 

6 State has enacted a reduction to such aggre7 gate level of fiscal year 2010 State support 

8 for elementary, secondary, and public high9 er education after December 12, 2009, the 

10 State shall maintain State support for ele11 mentary, secondary, and public higher edu12 cation at a percentage of the total revenues 

13 available to the State that is equal to or 

14 greater than the percentage provided for 

15 such purpose for fiscal year 2010 prior to 

16 December 12, 2009; and 

17 (B) for fiscal year 2011— 

18 (i) comply with subparagraph (A)(i); 

19 or 

20 (ii) maintain State support for ele21 mentary, secondary, and public higher edu22 cation (not including support for capital 

23 projects or research and development or tui24 tion and fees paid by students), in the ag25 gregate, at a percentage of the total revenues 
24 

•HR 2847 EAH 

1 available to the State that is equal to or 

2 greater than the percentage provided for 

3 such purpose for fiscal year 2010. 

4 STUDENT FINANCIAL ASSISTANCE

5 For an additional amount for ‘‘Student Financial As6 sistance’’ to carry out part C of title IV of the Higher Edu7 cation Act of 1965, $300,000,000, which shall remain avail8 able through September 30, 2011. 

9 RELATED AGENCIES 

10 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

11 OPERATING EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Operating Expenses’’ 

14 to carry out the Domestic Volunteer Service Act of 1973 

15 (‘‘1973 Act’’) and the National and Community Service Act 

16 of 1990 (‘‘1990 Act’’), $132,000,000, which shall remain 

17 available through September 30, 2011: Provided, That not 

18 less than $90,000,000 of the funds made available in this 

19 paragraph shall be used to make additional awards to exist20 ing AmeriCorps grantees and may be used to provide ad21 justments to awards under subtitle C of title I of the 1990 

22 Act made prior to September 30, 2011 for which the Chief 

23 Executive Officer of the Corporation for National and Com24 munity Service (‘‘CEO’’) determines that a waiver of the 

25 Federal share limitation is warranted under section 
25 

•HR 2847 EAH 

1 2521.70 of title 45 of the Code of Federal Regulations: Pro2 vided further, That up to $30,000,000 shall be for programs 

3 under title I, part A of the 1973 Act: Provided further, That 

4 any funds provided in the previous proviso shall not be 

5 made available in connection with cost-share agreements 

6 authorized under section 192A(g)(10) of the 1990 Act: Pro7 vided further, That of the amount made available in this 

8 paragraph, not less than $7,000,000 shall be transferred to 

9 ‘‘Salaries and Expenses’’ to administer the funds provided 

10 in this paragraph, including making any necessary infor11 mation technology upgrades: Provided further, That the 

12 CEO shall provide to the Committees on Appropriations of 

13 the House of Representatives and the Senate a fiscal year 

14 2010 operating plan for the funds appropriated in this 

15 paragraph prior to making any Federal obligations of such 

16 funds in fiscal year 2010, but not later than 90 days after 

17 the date of enactment of this Act, and a fiscal year 2011 

18 operating plan for such funds in fiscal year 2011, but not 

19 later than November 1, 2010, that detail the allocation of 

20 resources and the increased number of members supported 

21 by the AmeriCorps programs: Provided further, That the 

22 CEO shall provide to the Committees on Appropriations of 

23 the House of Representatives and the Senate a report on 

24 the actual obligations, expenditures, and unobligated bal25 ances for each activity funded under this heading not later 
26 

•HR 2847 EAH 

1 than 90 days after issuance of the operating plan, and 

2 quarterly thereafter as long as funding provided under this 

3 heading is available for obligation or expenditure. 

4 NATIONAL SERVICE TRUST

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘National Service 

7 Trust’’ established under subtitle D of title I of the National 

8 and Community Service Act of 1990 (‘‘1990 Act’’), 

9 $68,000,000, which shall remain available until expended: 

10 Provided, That the Corporation for National and Commu11 nity Service may transfer additional funds from the 

12 amount provided within ‘‘Operating Expenses’’ allocated to 

13 grants under subtitle C of title I of the 1990 Act to the 

14 National Service Trust upon determination that such trans15 fer is necessary to support the activities of national service 

16 participants and after notice is transmitted to the Commit17 tees on Appropriations of the House of Representatives and 

18 the Senate: Provided further, That the amount appro19 priated or transferred to the National Service Trust may 

20 be invested under section 145(b) of the 1990 Act without 

21 regard to the requirements to apportion funds under 31 

22 U.S.C. 1513(b). 
27 

•HR 2847 EAH 

1 GENERAL PROVISION, THIS CHAPTER

2 ISSUER ALLOWED REFUNDABLE CREDIT FOR QUALIFIED

3 ZONE ACADEMY BONDS AND QUALIFIED SCHOOL CON4 STRUCTION BONDS

5 SEC. 1501. (a) IN GENERAL.—Section 6431 of the In6 ternal Revenue Code of 1986 is amended by adding at the 

7 end the following new subsection: 

8 ‘‘(f) APPLICATION OF SECTION TO QUALIFIED ZONE

9 ACADEMY BONDS AND QUALIFIED SCHOOL CONSTRUCTION

10 BONDS.— 

11 ‘‘(1) IN GENERAL.—In the case of any specified 

12 tax credit bond— 

13 ‘‘(A) such bond shall be treated as a quali14 fied bond for purposes of this section, 

15 ‘‘(B) subsection (a) shall be applied without 

16 regard to the requirement that the qualified bond 

17 be issued before January 1, 2011, 

18 ‘‘(C) the amount of the payment determined 

19 under subsection (b) with respect to any interest 

20 payment date under such bond shall be equal to 

21 the lesser of— 

22 ‘‘(i) the amount of interest payable 

23 under such bond on such date, or 

24 ‘‘(ii) the amount of interest which 

25 would have been payable under such bond 
28 

•HR 2847 EAH 

1 on such date if such interest were deter2 mined at the applicable credit rate deter3 mined under section 54A(b)(3) with respect 

4 to such bond, 

5 ‘‘(D) interest on any such bond shall be in6 cludible in gross income for purposes of this title, 

7 and 

8 ‘‘(E) no credit shall be allowed under sec9 tion 54A with respect to such bond. 

10 ‘‘(2) SPECIFIED TAX CREDIT BOND.—For pur11 poses of this subsection, the term ‘specified tax credit 

12 bond’ means any qualified tax credit bond (as defined 

13 in section 54A(d)) if— 

14 ‘‘(A) such bond is a qualified zone academy 

15 bond (as defined in section 54E) or a qualified 

16 school construction bond (as defined in section 

17 54F), and 

18 ‘‘(B) the issuer of such bond makes an irrev19 ocable election to have this subsection apply.’’. 

20 (b) TECHNICAL CORRECTIONS RELATING TO QUALI21 FIED SCHOOL CONSTRUCTION BONDS.— 

22 (1) The second sentence of section 54F(d)(1) of 

23 such Code is amended by striking ‘‘by the State’’ and 

24 inserting ‘‘by the State education agency (or such 
29 

•HR 2847 EAH 

1 other agency as is authorized under State law to 

2 make such allocation)’’. 

3 (2) The second sentence of section 54F(e) of such 

4 Code is amended by striking ‘‘subsection (d)(4)’’ and 

5 inserting ‘‘paragraphs (2) and (4) of subsection (d)’’. 

6 (c) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—Except as otherwise provided 

8 in this subsection, the amendment made by this sec9 tion shall apply to bonds issued after December 31, 

10 2009. 

11 (2) TECHNICAL CORRECTIONS.—The amend12 ments made by subsection (b) shall take effect as if in13 cluded in section 1521 of the American Recovery and 

14 Reinvestment Tax Act of 2009. 

15 CHAPTER 6—TRANSPORTATION AND HOUSING 

16 AND URBAN DEVELOPMENT 

17 DEPARTMENT OF TRANSPORTATION 

18 FEDERAL AVIATION ADMINISTRATION

19 GRANTS-IN-AID FOR AIRPORTS

20 For an additional amount for ‘‘Grants-In-Aid for Air21 ports’’, to enable the Secretary of Transportation to make 

22 grants for discretionary projects as authorized by sub23 chapter 1 of chapter 471 and subchapter 1 of chapter 475 

24 of title 49, United States Code, $500,000,000: Provided, 

25 That such funds shall not be subject to apportionment for-
30 

•HR 2847 EAH 

1 mulas, special apportionment categories, or minimum per2 centages under chapter 471 of such title: Provided further, 

3 That the Secretary shall distribute funds provided under 

4 this heading as discretionary grants to airports using the 

5 criteria established under chapters 471 and 475 of such 

6 title, but with priority given to those projects that dem7 onstrate to his satisfaction their ability to be completed 

8 within 2 years of enactment of this Act: Provided further, 

9 That the Secretary shall award grants under this heading 

10 within 120 days of enactment of this Act: Provided further, 

11 That the amount made available under this heading shall 

12 not be subject to any limitation on obligations for the 

13 Grants-in-Aid for Airports program set forth in any Act: 

14 Provided further, That the Federal share payable of the 

15 costs for which a grant is made under this heading shall 

16 be, at the option of the recipient, up to 100 percent: Pro17 vided further, That the amounts provided under this head18 ing may be used for expenses the agency incurs in admin19 istering this program in addition to amounts provided for 

20 administrative expenses for the Grants-in-Aid Airport Im21 provement Program from any other Act. 

22 FEDERAL HIGHWAY ADMINISTRATION

23 HIGHWAY INFRASTRUCTURE INVESTMENT

24 For an additional amount for ‘‘Highway Infrastruc25 ture Investment’’ for restoration, repair, construction and 
31 

•HR 2847 EAH 

1 other activities eligible under paragraph (b) of section 133 

2 of title 23, United States Code, and for passenger and 

3 freight rail transportation and port infrastructure projects 

4 eligible for assistance under subsection 601(a)(8) of such 

5 title, $27,500,000,000, to remain available through Sep6 tember 30, 2011: Provided, That, after making the set-asides 

7 required under this heading, 50 percent of the funds made 

8 available under this heading shall be apportioned to States 

9 using the formula set forth in section 104(b)(3) of title 23, 

10 United States Code, and the remaining funds shall be ap11 portioned to States in the same ratio as the obligation limi12 tation for fiscal year 2008 was distributed among the States 

13 in accordance with the formula specified in section 

14 120(a)(6) of division K of Public Law 110–161: Provided 

15 further, That funds made available under this heading shall 

16 be apportioned not later than 21 days after the date of en17 actment of this Act: Provided further, That in selecting 

18 projects to be carried out with funds apportioned under this 

19 heading, priority shall be given to projects that are pro20 jected for completion within a 3-year time frame, and are 

21 located in economically distressed areas as defined by sec22 tion 301 of the Public Works and Economic Development 

23 Act of 1965, as amended (42 U.S.C. 3161): Provided fur24 ther, That in selecting projects to be carried out with funds 

25 apportioned under this heading, States shall ensure an eq-
32 

•HR 2847 EAH 

1 uitable geographic distribution of funds and an appropriate 

2 balance in addressing the needs of urban and rural commu3 nities in the State: Provided further, That 90 days following 

4 the date of such apportionment, the Secretary of Transpor5 tation shall withdraw from each State an amount equal to 

6 50 percent of the funds awarded to that State less the 

7 amount of funding under contract, as determined by the 

8 Secretary, and the Secretary shall redistribute such 

9 amounts to other States that have had no funds withdrawn 

10 under this proviso in the manner described in section 120(c) 

11 of division K of Public Law 110–161: Provided further, 

12 That 1 year following the date of such apportionment, the 

13 Secretary shall withdraw from each recipient of funds ap14 portioned under this heading any funds that are not under 

15 contract, as determined by the Secretary, and the Secretary 

16 shall redistribute such amounts to States that have had no 

17 funds withdrawn under this proviso in the manner de18 scribed in section 120(c) of division K of Public Law 110– 

19 161: Provided further, That at the request of a State, the 

20 Secretary of Transportation may provide an extension of 

21 such 1-year period only to the extent that he feels satisfied 

22 that the State has encountered extreme conditions that cre23 ate an unworkable bidding environment or other extenu24 ating circumstances: Provided further, That before granting 

25 such an extension, the Secretary shall send a letter to the 
33 

•HR 2847 EAH 

1 House and Senate Committees on Appropriations that pro2 vides a thorough justification for the extension: Provided 

3 further, That 3 percent of the funds apportioned to a State 

4 under this heading shall be set aside for the purposes de5 scribed in subsection 133(d)(2) of title 23, United States 

6 Code (without regard to the comparison to fiscal year 

7 2005): Provided further, That 30 percent of the funds ap8 portioned to a State under this heading shall be suballo9 cated within the State in the manner and for the purposes 

10 described in the first sentence of subsection 133(d)(3)(A), 

11 in subsection 133(d)(3)(B), and in subsection 133(d)(3)(D): 

12 Provided further, That such suballocation shall be conducted 

13 in every State: Provided further, That of the funds provided 

14 under this heading, $105,000,000 shall be for the Puerto 

15 Rico highway program authorized under section 165 of title 

16 23, United States Code, and $45,000,000 shall be for the 

17 territorial highway program authorized under section 215 

18 of title 23, United States Code: Provided further, That of 

19 the funds provided under this heading, $60,000,000 shall 

20 be for capital expenditures eligible under section 147 of title 

21 23, United States Code (without regard to subsection(d)): 

22 Provided further, That the Secretary of Transportation 

23 shall distribute such $60,000,000 as competitive discre24 tionary grants to States, with priority given to those 

25 projects that demonstrate to his satisfaction their ability to 
34 

•HR 2847 EAH 

1 be completed within 2 years of enactment of this Act: Pro2 vided further, That of the funds provided under this head3 ing, $550,000,000 shall be for investments in transportation 

4 at Indian reservations and Federal lands: Provided further, 

5 That of the funds identified in the preceding proviso, 

6 $310,000,000 shall be for the Indian Reservation Roads 

7 program, $170,000,000 shall be for the Park Roads and 

8 Parkways program, $60,000,000 shall be for the Forest 

9 Highway Program, and $10,000,000 shall be for the Refuge 

10 Roads program: Provided further, That for investments at 

11 Indian reservations and Federal lands, priority shall be 

12 given to capital investments, and to projects and activities 

13 that can be completed within 2 years of enactment of this 

14 Act: Provided further, That 1 year following the enactment 

15 of this Act, to ensure the prompt use of the $550,000,000 

16 provided for investments at Indian reservations and Fed17 eral lands, the Secretary shall have the authority to redis18 tribute unobligated funds within the respective program for 

19 which the funds were appropriated: Provided further, That 

20 up to 4 percent of the funding provided for Indian Reserva21 tion Roads may be used by the Secretary of the Interior 

22 for program management and oversight and project-related 

23 administrative expenses: Provided further, That section 

24 134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not 

25 apply to funds provided under this heading: Provided fur-
35 

•HR 2847 EAH 

1 ther, That of the funds made available under this heading, 

2 $20,000,000 shall be for highway surface transportation 

3 and technology training under section 140(b) of title 23, 

4 United States Code, and $20,000,000 shall be for disadvan5 taged business enterprises bonding assistance under section 

6 332(e) of title 49, United States Code: Provided further, 

7 That funds made available under this heading shall be ad8 ministered as if apportioned under chapter 1 of title 23, 

9 United States Code, except for funds made available for in10 vestments in transportation at Indian reservations and 

11 Federal lands, and for the territorial highway program, 

12 which shall be administered in accordance with chapter 2 

13 of title 23, United States Code, and except for funds made 

14 available for disadvantaged business enterprises bonding as15 sistance, which shall be administered in accordance with 

16 chapter 3 of title 49, United States Code: Provided further, 

17 That the Federal share payable on account of any project 

18 or activity carried out with funds made available under 

19 this heading shall be, at the option of the recipient, up to 

20 100 percent of the total cost thereof: Provided further, That 

21 funds made available by this paragraph shall not be obli22 gated for the purposes authorized under section 115(b) of 

23 title 23, United States Code: Provided further, That funding 

24 provided under this heading shall be in addition to any 

25 and all funds provided for fiscal years 2010 and 2011 in 
36 

•HR 2847 EAH 

1 any other Act for ‘‘Federal-aid Highways’’ and shall not 

2 affect the distribution of funds provided for ‘‘Federal-aid 

3 Highways’’ in any other Act: Provided further, That the 

4 amount made available under this heading shall not be sub5 ject to any limitation on obligations for Federal-aid high6 ways or highway safety construction programs set forth in 

7 any Act: Provided further, That section 1101(b) of Public 

8 Law 109–59 shall apply to funds apportioned under this 

9 heading: Provided further, That the Administrator of the 

10 Federal Highway Administration may retain up to 

11 $45,000,000 of the funds provided under this heading to 

12 fund the oversight by the Administrator of projects and ac13 tivities carried out with funds made available to the Federal 

14 Highway Administration in this Act, of which $5,000,000 

15 shall be for the Office of Expedited Project Delivery in the 

16 Office of the Administrator of the Federal Highway Admin17 istration, and such funds shall be available through Sep18 tember 30, 2013. 

19 FEDERAL RAILROAD ADMINISTRATION

20 CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER

21 CORPORATION

22 For an additional amount for ‘‘Capital Grants to the 

23 National Railroad Passenger Corporation’’ to enable the 

24 Secretary of Transportation to make capital grants to The 

25 National Railroad Passenger Corporation (Amtrak) as au-
37 

•HR 2847 EAH 

1 thorized by section 101(c) of the Passenger Rail Investment 

2 and Improvement Act of 2008 (Public Law 110–432), 

3 $800,000,000, for fleet modernization, including rehabilita4 tion of existing and acquisition of new passenger equip5 ment, including fuel efficient locomotives: Provided, That 

6 none of the funds provided under this heading shall be used 

7 to subsidize the operating losses of Amtrak: Provided fur8 ther, That section 24305(f)(4)(B) of title 49, United States 

9 Code, shall not apply to any new equipment acquired with 

10 funds provided under this heading: Provided further, That 

11 funds provided under this heading shall be awarded not 

12 later than 60 days after the date of enactment of this Act. 

13 FEDERAL TRANSIT ADMINISTRATION

14 TRANSIT CAPITAL ASSISTANCE

15 For an additional amount for ‘‘Transit Capital Assist16 ance’’ for transit capital assistance grants authorized under 

17 section 5302(a)(1) of title 49, United States Code, 

18 $6,150,000,000: Provided, That the Secretary of Transpor19 tation shall provide 80 percent of the funds appropriated 

20 under this heading for grants under section 5307 of title 

21 49, United States Code, and apportion such funds in ac22 cordance with section 5336 of such title (other than sub23 sections (i)(1) and (j)): Provided further, That the Secretary 

24 shall apportion 10 percent of the funds appropriated under 

25 this heading in accordance with section 5340 of such title: 
38 

•HR 2847 EAH 

1 Provided further, That the Secretary shall provide 10 per2 cent of the funds appropriated under this heading for grants 

3 under section 5311 of title 49, United States Code, and ap4 portion such funds in accordance with such section: Pro5 vided further, That funds apportioned under this heading 

6 shall be apportioned not later than 21 days after the date 

7 of enactment of this Act: Provided further, That 90 days 

8 following the date of such apportionment, the Secretary 

9 shall withdraw from each urbanized area or State an 

10 amount equal to 50 percent of the funds apportioned to such 

11 urbanized areas or States less the amount of funding under 

12 contract, as determined by the Secretary, and the Secretary 

13 shall redistribute such amounts to other urbanized areas or 

14 States that have had no funds withdrawn under this proviso 

15 utilizing whatever method he deems appropriate to ensure 

16 that all funds redistributed under this proviso shall be uti17 lized promptly: Provided further, That 1 year following the 

18 date of such apportionment, the Secretary shall withdraw 

19 from each urbanized area or State any funds that are not 

20 under contract, as determined by the Secretary, and the 

21 Secretary shall redistribute such amounts to other urban22 ized areas or States that have had no funds withdrawn 

23 under this proviso utilizing whatever method he deems ap24 propriate to ensure that all funds redistributed under this 

25 proviso shall be utilized promptly: Provided further, That 
39 

•HR 2847 EAH 

1 at the request of an urbanized area or State, the Secretary 

2 of Transportation may provide an extension of such 1-year 

3 period if he feels satisfied that the urbanized area or State 

4 has encountered an unworkable bidding environment or 

5 other extenuating circumstances: Provided further, That be6 fore granting such an extension, the Secretary shall send 

7 a letter to the House and Senate Committees on Appropria8 tions that provides a thorough justification for the exten9 sion: Provided further, That of the funds provided for sec10 tion 5311 of title 49, United States Code, 2.5 percent shall 

11 be made available for section 5311(c)(1): Provided further, 

12 That of the funding provided under this heading, 

13 $100,000,000 shall be distributed as discretionary grants to 

14 public transit agencies for capital investments that will as15 sist in reducing the energy consumption or greenhouse gas 

16 emissions of their public transportation systems: Provided 

17 further, That for such grants on energy-related investments, 

18 priority shall be given to projects based on the total energy 

19 savings that are projected to result from the investment, and 

20 projected energy savings as a percentage of the total energy 

21 usage of the public transit agency: Provided further, That 

22 applicable chapter 53 requirements shall apply to funding 

23 provided under this heading, except that the Federal share 

24 of the costs for which any grant is made under this heading 

25 shall be, at the option of the recipient, up to 100 percent: 
40 

•HR 2847 EAH 

1 Provided further, That the amount made available under 

2 this heading shall not be subject to any limitation on obliga3 tions for transit programs set forth in any Act: Provided 

4 further, That section 1101(b) of Public Law 109–59 shall 

5 apply to funds appropriated under this heading: Provided 

6 further, That the funds appropriated under this heading 

7 shall not be commingled with any prior year funds: Pro8 vided further, That a recipient and subrecipient of funds 

9 made available under this heading may use up to 10 per10 cent of the amount apportioned to a State or urbanized area 

11 for the operating costs of equipment and facilities for use 

12 in public transportation or for eligible activities under sec13 tion 5311(f): Provided further, That in selecting projects to 

14 be carried out with funds apportioned under this heading, 

15 priority shall be given to projects that are located in eco16 nomically distressed areas as defined by section 301 of the 

17 Public Works and Economic Development Act of 1965, as 

18 amended (42 U.S.C. 3161): Provided further, That in select19 ing projects to be carried out with funds apportioned under 

20 this heading, States shall ensure an equitable geographic 

21 distribution of funds and an appropriate balance in ad22 dressing the needs of urban and rural communities in the 

23 State: Provided further, That notwithstanding any other 

24 provision of law, three-quarters of 1 percent of the funds 

25 provided for grants under section 5307 and section 5340, 
41 

•HR 2847 EAH 

1 and one-half of 1 percent of the funds provided for grants 

2 under section 5311, shall be available for administrative ex3 penses and program management oversight, and such funds 

4 shall be available through September 30, 2013. 

5 FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT

6 For an amount for capital expenditures authorized 

7 under section 5309(b)(2) of title 49, United States Code, 

8 $1,750,000,000: Provided, That the Secretary of Transpor9 tation shall apportion funds under this heading pursuant 

10 to the formula set forth in section 5337 of title 49, United 

11 States Code: Provided further, That the funds appropriated 

12 under this heading shall not be commingled with any prior 

13 year funds: Provided further, That funds made available 

14 under this heading shall be apportioned not later than 21 

15 days after the date of enactment of this Act: Provided fur16 ther, That 90 days following the date of such apportion17 ment, the Secretary shall withdraw from each urbanized 

18 area an amount equal to 50 percent of the funds appor19 tioned to such urbanized area less the amount of funding 

20 under contract, as determined by the Secretary, and the 

21 Secretary shall redistribute such amounts to other urban22 ized areas that have had no funds withdrawn under this 

23 proviso utilizing whatever method he deems appropriate to 

24 ensure that all funds redistributed under this proviso shall 

25 be utilized promptly: Provided further, That 1 year fol-
42 

•HR 2847 EAH 

1 lowing the date of such apportionment, the Secretary shall 

2 withdraw from each urbanized area any funds that are not 

3 under contract, as determined by the Secretary, and the 

4 Secretary shall redistribute such amounts to other urban5 ized areas that have had no funds withdrawn under this 

6 proviso utilizing whatever method he deems appropriate to 

7 ensure that all funds redistributed under this proviso shall 

8 be utilized promptly: Provided further, That at the request 

9 of an urbanized area, the Secretary of Transportation may 

10 provide an extension of such 1-year period if he feels satis11 fied that the urbanized area has encountered an unworkable 

12 bidding environment or other extenuating circumstances: 

13 Provided further, That before granting such an extension, 

14 the Secretary shall send a letter to the House and Senate 

15 Committees on Appropriations that provides a thorough 

16 justification for the extension: Provided further, That appli17 cable chapter 53 requirements shall apply except that the 

18 Federal share of the costs for which a grant is made under 

19 this heading shall be, at the option of the recipient, up to 

20 100 percent: Provided further, That the provisions of section 

21 1101(b) of Public Law 109–59 shall apply to funds made 

22 available under this heading: Provided further, That not23 withstanding any other provision of law, up to 1 percent 

24 of the funds under this heading shall be available for ad25 ministrative expenses and program management oversight 
43 

•HR 2847 EAH 

1 and shall remain available for obligation until September 

2 30, 2013. 

3 CAPITAL INVESTMENT GRANTS

4 For an additional amount for ‘‘Capital Investment 

5 Grants’’, as authorized under section 5338(c)(4) of title 49, 

6 United States Code, and allocated under section 

7 5309(m)(2)(A) of such title, to enable the Secretary of 

8 Transportation to make discretionary grants as authorized 

9 by section 5309(d) and (e) of such title, $500,000,000, of 

10 which $1,500,000 shall be for the Office of Expedited Project 

11 Delivery in the Office of the Administrator of the Federal 

12 Transit Administration: Provided, That such amount shall 

13 be allocated without regard to the limitation under section 

14 5309(m)(2)(A)(i): Provided further, That in selecting 

15 projects to be funded, priority shall be given to projects that 

16 are able to award contracts within 90 days of enactment 

17 of this Act: Provided further, That the provisions of section 

18 1101(b) of Public Law 109–59 shall apply to funds made 

19 available under this heading: Provided further, That funds 

20 appropriated under this heading shall not be commingled 

21 with any prior year funds: Provided further, That applica22 ble chapter 53 requirements shall apply, except that not23 withstanding any other provision of law, up to 1 percent 

24 of the funds provided under this heading shall be available 

25 for administrative expenses and program management 
44 

•HR 2847 EAH 

1 oversight, and shall remain available through September 30, 

2 2013: Provided further, That, notwithstanding any other 

3 provision of law, the provisions of section 3011(f) of Public 

4 Law 109–59 shall apply to all projects evaluated under sec5 tions 5309(d) and 5309(e) of title 49, United States Code, 

6 and funded in fiscal years 2010 and 2011 with funds made 

7 available in the Act or any other Act. 

8 MARITIME ADMINISTRATION

9 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

10 ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of guaranteed loans, as authorized, 

13 $100,000,000: Provided, That such costs, including the cost 

14 of modifying such loans, shall be as defined in section 502 

15 of the Congressional Budget Act of 1974, as amended: Pro16 vided further, That the Maritime Administrator may retain 

17 and transfer to ‘‘Maritime Administration, Operations and 

18 Training’’ up to 2 percent of the funds provided under this 

19 heading to carry out the guaranteed loan program. 

20 GENERAL PROVISION, DEPARTMENT OF TRANSPORTATION

21 SEC. 1601. (a) MAINTENANCE OF EFFORT.— 

22 (1) CERTIFICATION.— 

23 (A) CERTIFICATION THROUGH SEPTEMBER

24 30, 2010.—The certification made by the Gov25 ernor of each State under section 1201(a) of di-
45 

•HR 2847 EAH 

1 vision A of the American Recovery and Reinvest2 ment Act of 2009 (Pubic Law 111–5, 123 Stat. 

3 115, 212) shall continue in effect under this Act. 

4 (B) CERTIFICATION THROUGH SEPTEMBER

5 30, 2011.—Not later than 30 days after the date 

6 of enactment of this Act, for each amount that is 

7 distributed to a State or agency thereof from an 

8 appropriation in this Act for a covered program, 

9 the Governor of the State shall certify to the Sec10 retary of Transportation that the State will 

11 maintain its effort with regard to State funding 

12 for the types of projects that are funded by the 

13 appropriation. As part of this certification, the 

14 Governor shall submit to the Secretary of Trans15 portation a statement identifying the amount of 

16 State funds the State planned to expend from 

17 State sources as of the date of enactment of this 

18 Act for the period of October 1, 2010, through 

19 September 30, 2011, for the types of projects that 

20 are funded by the appropriation. For the period 

21 of October 1, 2010, through September 30, 2011, 

22 the Governor of a State may calculate planned 

23 expenditures from State funds in the same man24 ner as under section 1201(a) of division A of the 

25 American Recovery and Reinvestment Act of 
46 

•HR 2847 EAH 

1 2009 or may calculate the amount by pro rating 

2 the amount certified under section 1201(a) of di3 vision A of the American Recovery and Reinvest4 ment Act of 2009 to establish the amount of 

5 planned expenditures for such period. 

6 (2) DEFINITION OF STATE FUNDS.—For purposes 

7 of the certifications required by section 1201(a) of di8 vision A of the American Recovery and Reinvestment 

9 Act of 2009 and paragraph (1)(B), State funding 

10 means State funds used for transportation purposes 

11 that are expended by the State agency that is pri12 marily responsible for carrying out the covered pro13 gram. State funding does not include State transpor14 tation funds that are expended by or at the direction 

15 of non-State governmental entities. 

16 (b) REQUIREMENT TO MAINTAIN EFFORT.— 

17 (1) REPORTS.—Each State shall submit to the 

18 Department of Transportation for each covered pro19 gram the actual aggregate expenditures from State 

20 funds during the period of February 17, 2009, 

21 through September 30, 2011, as compared to the level 

22 of such expenditures from State funds that were 

23 planned to occur during such period as certified in 

24 accordance with subsection (a). The State shall sub25 mit the maintenance of effort reports in the same 
47 

•HR 2847 EAH 

1 manner and in the same timeframe required by sub2 section (c), except the State is not required to submit 

3 a maintenance of effort report on February 17, 2013. 

4 The covered agencies shall submit the reports to Con5 gress in accordance with subsection (c)(1). 

6 (2) DETERMINATION OF MAINTENANCE OF EF7 FORT.—A State is deemed to have met its level of ef8 fort if the aggregate amount of actual expenditures of 

9 State funds reported in the February 17, 2012 report 

10 in accordance with paragraph (1) meets or exceeds 

11 the aggregate amount of planned expenditures of 

12 State funds identified in the certification required by 

13 subsection (a). 

14 (3) PENALTY FOR FAILURE TO MAINTAIN EF15 FORT.—If a State is unable to maintain the level of 

16 effort certified pursuant to subsection (a), the State 

17 will be prohibited by the Secretary of Transportation 

18 from receiving additional limitation pursuant to the 

19 redistribution of the limitation on obligations for 

20 Federal-aid highway and highway safety construction 

21 programs that occurs after August 1 for fiscal year 

22 2012. 

23 (c) PERIODIC REPORTS.— 

24 (1) IN GENERAL.—Notwithstanding any other 

25 provision of law, each grant recipient shall submit to 
48 

•HR 2847 EAH 

1 the covered agency from which they received funding 

2 periodic reports on the use of the funds appropriated 

3 in this chapter for the Department of Transportation 

4 for covered programs. Such reports shall be collected 

5 and compiled by the covered agency and transmitted 

6 to Congress. Covered agencies may develop such re7 ports on behalf of grant recipients to ensure the accu8 racy and consistency of such reports. 

9 (2) CONTENTS OF REPORTS.—For amounts re10 ceived under each covered program by a grant recipi11 ent under this chapter for the Department of Trans12 portation, the grant recipient shall include in the 

13 periodic reports information tracking— 

14 (A) the amount of Federal funds appro15 priated, allocated, obligated, and outlayed under 

16 the appropriation; 

17 (B) the number of projects that have been 

18 put out to bid under the appropriation and the 

19 amount of Federal funds associated with such 

20 projects; 

21 (C) the number of projects for which con22 tracts have been awarded under the appropria23 tion and the amount of Federal funds associated 

24 with such contracts; 
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1 (D) the number of projects for which work 

2 has begun under such contracts and the amount 

3 of Federal funds associated with such contracts; 

4 (E) the number of projects for which work 

5 has been completed under such contracts and the 

6 amount of Federal funds associated with such 

7 contracts; and 

8 (F) the number of direct, on-project jobs cre9 ated or sustained by the Federal funds provided 

10 for projects under the appropriation and, to the 

11 extent possible, the estimated indirect jobs cre12 ated or sustained in the associated supplying in13 dustries, including the number of job-years cre14 ated and the total increase in employment since 

15 the date of enactment of this Act. 

16 (3) TIMING OF REPORTS.—Each grant recipient 

17 shall submit the first of the periodic reports required 

18 under this subsection not later than 1 year after the 

19 date of enactment of the American Recovery and Re20 investment Act of 2009 and shall submit updated re21 ports not later than 15 months, 18 months, 2 years, 

22 3 years, and 4 years after such date of enactment. 

23 (d) DEFINITIONS.—In this section, the following defi24 nitions apply: 
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1 (1) COVERED AGENCY.—The term ‘‘covered agen2 cy’’ means the Federal Aviation Administration, the 

3 Federal Highway Administration, the Federal Rail4 road Administration, the Federal Transit Adminis5 tration, and the Maritime Administration of the De6 partment of Transportation. 

7 (2) COVERED PROGRAM.—The term ‘‘covered 

8 program’’ means funds appropriated in this Act for 

9 ‘‘Grants-in-Aid for Airports’’ to the Federal Aviation 

10 Administration; for ‘‘Highway Infrastructure Invest11 ment’’ to the Federal Highway Administration; for 

12 ‘‘Capital Grants to the National Railroad Passenger 

13 Corporation’’ to the Federal Railroad Administration; 

14 for ‘‘Transit Capital Assistance’’, ‘‘Fixed Guideway 

15 Infrastructure Investment’’, and ‘‘Capital Investment 

16 Grants’’ to the Federal Transit Administration; and 

17 for ‘‘Maritime Guaranteed Loan (Title XI) Program 

18 Account’’ to the Maritime Administration. 

19 (3) GRANT RECIPIENT.—The term ‘‘grant recipi20 ent’’ means a State or other recipient of assistance 

21 provided under a covered program in this Act. Such 

22 term does not include a Federal department or agen23 cy. 
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1 (e) EXEMPTION.—Notwithstanding any other provi2 sion of law, sections 3501–3521 of title 44, United States 

3 Code, shall not apply to the provisions of this section. 

4 DEPARTMENT OF HOUSING AND URBAN 

5 DEVELOPMENT 

6 PUBLIC AND INDIAN HOUSING

7 PUBLIC HOUSING CAPITAL FUND

8 For an additional amount for the ‘‘Public Housing 

9 Capital Fund’’ to carry out capital and management ac10 tivities for public housing agencies, as authorized under sec11 tion 9 of the United States Housing Act of 1937 (42 U.S.C. 

12 1437g) (in this heading referred to as the ‘‘Act’’), 

13 $1,000,000,000: Provided, That the Secretary of Housing 

14 and Urban Development shall make the funds provided 

15 under this heading available by competition for priority in16 vestments, including investments that leverage private sec17 tor funding or financing for renovations and energy con18 servation retrofit investments: Provided further, That the 

19 Secretary shall obligate the funds provided under this head20 ing by such competition within 60 days of the date of the 

21 enactment of this Act: Provided further, That in using the 

22 funds provided under this heading public housing authori23 ties shall give priority to capital projects that can award 

24 contracts based on bids within 120 days from the date that 

25 the funds are made available to the public housing authori-
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1 ties: Provided further, That in using such funds provided 

2 under this heading public housing agencies shall give pri3 ority consideration to the rehabilitation of vacant rental 

4 units: Provided further, That in using such funds provided 

5 under this heading public housing agencies shall prioritize 

6 capital projects that are already underway or included in 

7 the 5-year capital fund plans required by section 5A of the 

8 Act (42 U.S.C. 1437c–1(a)): Provided further, That not9 withstanding any other provision of law, funds provided 

10 under this heading (1) may not be used for operating or 

11 rental assistance activities, and (2) shall not be subject to 

12 any restriction of funding to replacement housing uses: Pro13 vided further, That notwithstanding section 9(j) of the Act, 

14 public housing agencies shall obligate 50 percent of the 

15 funds provided under this heading within 180 days of the 

16 date on which such funds become available to the agency 

17 for obligation, and shall expend 100 percent of such funds 

18 within one year of the date on which such funds become 

19 available to the agency for obligation: Provided further, 

20 That if a public housing agency fails to comply with the 

21 180-day obligation requirement under the preceding pro22 viso, the Secretary shall recapture all funds provided under 

23 this heading awarded to the public housing agency that re24 main unobligated and reallocate such funds to agencies that 

25 are in compliance with such requirement: Provided further, 
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1 That in administering funds appropriated or otherwise 

2 made available under this heading, the Secretary may 

3 waive or specify alternative requirements for any provision 

4 of any statute or regulation in connection with the obliga5 tion by the Secretary or the use of such funds (except for 

6 requirements related to fair housing, nondiscrimination, 

7 labor standards, and the environment), upon a finding that 

8 such a waiver is necessary to expedite or facilitate the use 

9 of such funds: Provided further, That, in addition to waiv10 ers authorized under the preceding proviso, the Secretary 

11 may direct that requirements relating to the procurement 

12 of goods and services arising under State and local laws 

13 and regulations shall not apply to funds provided under 

14 this heading. 

15 COMMUNITY PLANNING AND DEVELOPMENT

16 HOUSING TRUST FUND

17 For the Housing Trust Fund established pursuant to 

18 section 1338 of the Federal Housing Enterprises Financial 

19 Safety and Soundness Act of 1992 (12 U.S.C. 4568), 

20 $1,065,000,000, for use under such section: Provided, That 

21 of the total amount provided under this heading, 

22 $65,000,000 shall be available to the Secretary of Housing 

23 and Urban Development only for incremental project-based 

24 voucher assistance or project-based rental assistance, to be 

25 allocated to States pursuant to the formula established 
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1 under such section 1338, to be used solely in conjunction 

2 with grant funds awarded under such section 1338. 

3 CHAPTER 7—GENERAL PROVISIONS, THIS TITLE 

4 TARP REDUCTION

5 SEC. 1701. The limitation under section 115(a)(3) of 

6 the Emergency Economic Stabilization Act of 2008 (12 

7 U.S.C. 5225(a)(3)) in effect on the date of the enactment 

8 of this Act is decreased by $150,000,000,000. 

9 LIMIT ON FUNDS

10 SEC. 1702. All funds provided under this title shall 

11 be subject to the requirements of section 1604 of division 

12 A of the American Recovery and Reinvestment Act of 2009 

13 (Public Law 111–5). 

14 RECOVERY ACT REPORTING REQUIREMENTS

15 SEC. 1703. (a) Funds made available by this title shall 

16 be subject to the reporting, transparency, and oversight re17 quirements established by title XV of division A of the 

18 American Recovery and Reinvestment Act of 2009 (Public 

19 Law 111–5), on the same basis as funds made available 

20 in division A of that Act. 

21 (b) Amounts appropriated in division A of the Amer22 ican Recovery and Reinvestment Act of 2009 (Public Law 

23 111–5) to any Office of Inspector General or to the Recovery 

24 Accountability and Transparency Board shall also be avail25 able for the same purposes with respect to any programs, 
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1 grants, projects, and activities for which funds are made 

2 available by this title. 

3 TITLE II—SURFACE TRANSPORTATION 

4 EXTENSION 

5 SHORT TITLE

6 SEC. 2001. This title may be cited as the ‘‘Surface 

7 Transportation Extension Act of 2009’’. 

8 FEDERAL-AID HIGHWAYS

9 SEC. 2002. (a) IN GENERAL.— 

10 (1) APPLICABILITY OF PROVISIONS.—Except as 

11 provided in this title, requirements, authorities, con12 ditions, eligibilities, limitations, and other provisions 

13 authorized under titles I, V, and VI of SAFETEA– 

14 LU (119 Stat. 1144), the SAFETEA–LU Technical 

15 Corrections Act of 2008 (122 Stat. 1572), titles I and 

16 VI of the Intermodal Surface Transportation Effi17 ciency Act of 1991 (105 Stat. 1914), titles I and V 

18 of the Transportation Equity Act for the 21st Century 

19 (112 Stat. 107), and title 23, United States Code (ex20 cluding chapter 4 of that title), which would otherwise 

21 expire on or cease to apply after September 30, 2009, 

22 or the date specified in section 106(3) of the Con23 tinuing Appropriations Resolution, 2010 (Public Law 

24 111–68), are incorporated by reference and shall con25 tinue in effect through September 30, 2010. 
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1 (2) AUTHORIZATION OF APPROPRIATIONS.—Ex2 cept as provided in subsection (b), there are author3 ized to be appropriated out of the Highway Trust 

4 Fund (other than the Mass Transit Account) for fiscal 

5 year 2010 an amount equal to the sum of the 

6 amounts authorized to be appropriated out of the 

7 Highway Trust Fund (other than the Mass Transit 

8 Account) for programs, projects, and activities for fis9 cal year 2009 under titles I, V, and VI of 

10 SAFETEA–LU (119 Stat. 1144) and title 23, United 

11 States Code (excluding administrative expenses under 

12 section 104(a) and programs, projects, and activities 

13 under chapter 4 of that title), minus $1,394,358,419. 

14 (3) USE OF FUNDS.— 

15 (A) FISCAL YEAR 2010.—Except as otherwise 

16 expressly provided in this title, funds authorized 

17 to be appropriated under paragraph (2) for fis18 cal year 2010 shall be distributed, administered, 

19 limited, and made available for obligation in the 

20 same manner as the total amount of funds au21 thorized to be appropriated out of the Highway 

22 Trust Fund (other than the Mass Transit Ac23 count) for fiscal year 2009 to carry out pro24 grams, projects, activities, eligibilities, and re25 quirements under SAFETEA–LU (119 Stat. 
57 

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1 1144), the SAFETEA–LU Technical Corrections 

2 Act of 2008 (122 Stat. 1572), titles I and VI of 

3 the Intermodal Surface Transportation Effi4 ciency Act of 1991 (105 Stat. 1914), titles I and 

5 V of the Transportation Equity Act for the 21st 

6 Century (112 Stat. 107), and title 23, United 

7 States Code (excluding chapter 4 of that title). 

8 (B) CALCULATION.—The amounts author9 ized to be appropriated under paragraph (2) 

10 shall be calculated without regard to any rescis11 sion or cancellation of funds or contract author12 ity for fiscal year 2009 under SAFETEA–LU 

13 (119 Stat. 1144) or any other law. 

14 (C) DISTRIBUTION BETWEEN PROGRAMS.— 

15 Funds authorized to be appropriated under 

16 paragraph (2) shall be distributed under sub17 paragraph (A) among programs, projects, and 

18 activities referenced in such subparagraph in the 

19 ratio that— 

20 (i) the amount authorized to be appro21 priated out of the Highway Trust Fund 

22 (other than the Mass Transit Account) for 

23 such program, project, or activity for fiscal 

24 year 2009; bear to 
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1 (ii) the amount authorized to be appro2 priated out of the Highway Trust Fund 

3 (other than the Mass Transit Account) for 

4 all such programs, projects, and activities 

5 for fiscal year 2009. 

6 (D) CONTRACT AUTHORITY.— 

7 (i) IN GENERAL.—Except as provided 

8 in clause (ii), funds authorized to be appro9 priated under this subsection shall be avail10 able for obligation in the same manner as 

11 if such funds were apportioned under chap12 ter 1 of title 23, United States Code, and 

13 subject to a limitation on obligations for 

14 Federal-aid highways and highway safety 

15 construction programs included in an Act 

16 making appropriations for fiscal year 2010. 

17 (ii) EXCEPTIONS.— 

18 (I) IN GENERAL.—A limitation on 

19 obligations described in clause (i) shall 

20 not apply to any obligation under— 

21 (aa) section 125 of title 23, 

22 United States Code; or 

23 (bb) section 105 of title 23, 

24 United States Code, but only in 

25 an amount equal to $639,000,000. 
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1 (II) SPECIAL RULES.—Except as 

2 otherwise expressly provided by this 

3 title, any special rule that applied in 

4 fiscal year 2009 to any program, 

5 project, or activity for which funds are 

6 authorized to be appropriated under 

7 paragraph (2) shall continue to apply 

8 through September 30, 2010. 

9 (4) EXTENSION AND FLEXIBILITY FOR CERTAIN

10 ALLOCATED PROGRAMS.— 

11 (A) FISCAL YEAR 2010.— 

12 (i) IN GENERAL.—Notwithstanding 

13 any other provision of law, for fiscal year 

14 2010, the portion of the share of funds of a 

15 State under paragraph (2) determined by 

16 the amount that the State received or was 

17 authorized to receive for fiscal year 2009 to 

18 carry out sections 1307, 1702, and 1934 of 

19 SAFETEA–LU (119 Stat. 1217, 1256, and 

20 1485) and section 144(f)(1) of title 23, 

21 United States Code, shall be— 

22 (I) made available to the State for 

23 programs specified in section 105(a)(2) 

24 of title 23, United States Code (except 

25 the high priority projects program), 
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1 and in the same proportion for each 

2 such program that— 

3 (aa) the amount apportioned 

4 to the State for that program for 

5 fiscal year 2009; bears to 

6 (bb) the amount apportioned 

7 to the State for fiscal year 2009 

8 for all such programs; and 

9 (II) administered in the same 

10 manner and with the same period of 

11 availability as such funding is admin12 istered under programs identified in 

13 clause (i), except that no funds may be 

14 used to carry out the project described 

15 in section 1307(d)(1) of SAFETEA– 

16 LU (119 Stat. 1217; 122 Stat. 1577). 

17 (ii) TERRITORIES AND PUERTO

18 RICO.— 

19 (I) IN GENERAL.—Notwith20 standing any other provision of law, 

21 the portion of the share of funds of a 

22 territory or Puerto Rico under para23 graph (2) determined by the amount 

24 that the territory or Puerto Rico re25 ceived or was authorized to receive for 
61 

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1 fiscal year 2009 to carry out section 

2 1934 of SAFETEA–LU (119 Stat. 

3 1485), shall be— 

4 (aa) for a territory, made 

5 available and administered in the 

6 same manner as funding is made 

7 available and administered under 

8 section 215 of title 23, United 

9 States Code; and 

10 (bb) for Puerto Rico, made 

11 available and administered in the 

12 same manner as funding is made 

13 available and administered under 

14 section 165 of title 23, United 

15 States Code. 

16 (II) TERRITORY DEFINED.—In 

17 this clause, the term ‘‘territory’’ means 

18 any of the following territories of the 

19 United States: American Samoa, the 

20 Commonwealth of the Northern Mar21 iana Islands, Guam, or the United 

22 States Virgin Islands. 

23 (B) ADDITIONAL FUNDS.— 

24 (i) IN GENERAL.—No additional funds 

25 shall be provided for any project or activity 
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1 under paragraph (3)(A) that the Secretary 

2 of Transportation determines was suffi3 ciently funded before or during fiscal year 

4 2009 to achieve the authorized purpose of 

5 the project or activity. 

6 (ii) RESERVATION AND REDISTRIBU7 TION AMONG STATES.— 

8 (I) IN GENERAL.—Funds made 

9 available in accordance with para10 graph (3)(A) for a project or activity 

11 described in clause (i) shall be— 

12 (aa) reserved by the Sec13 retary of Transportation; and 

14 (bb) apportioned among all 

15 States such that each State’s share 

16 of funds so apportioned is equal to 

17 the State’s share for fiscal year 

18 2009 of funds apportioned or allo19 cated for the programs specified 

20 in subclause (II). 

21 (II) SPECIFIC PROGRAMS.—The 

22 programs referred to in subclause (I) 

23 are— 
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1 (aa) the programs listed in 

2 section 105(a)(2) of title 23, 

3 United States Code; 

4 (bb) the program authorized 

5 by section 144(f)(1) of such title; 

6 and 

7 (cc) the program authorized 

8 by section 1934 of SAFETEA–LU 

9 (119 Stat. 1485). 

10 (iii) DISTRIBUTION AMONG PRO11 GRAMS.—Funds apportioned to a State 

12 pursuant to clause (ii) shall be— 

13 (I) made available to the State for 

14 programs specified in section 105(a)(2) 

15 of title 23, United States Code (except 

16 the high priority projects program), 

17 and in the same proportion for each 

18 such program that— 

19 (aa) the amount apportioned 

20 to the State for that program for 

21 fiscal year 2009; bears to 

22 (bb) the amount apportioned 

23 to the State for fiscal year 2009 

24 for all such programs; and 
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1 (II) administered in the same 

2 manner and with the same period of 

3 availability as such funding is admin4 istered under programs identified in 

5 subclause (I). 

6 (C) COMPETITIVE DISTRIBUTION OF CER7 TAIN DISCRETIONARY FUNDS.— 

8 (i) PROJECTS OF NATIONAL AND RE9 GIONAL SIGNIFICANCE.—Notwithstanding 

10 section 1301(m) of SAFETEA–LU (119 

11 Stat. 1202), the Secretary shall allocate 

12 funds authorized to be appropriated under 

13 paragraph (2) for the projects of national 

14 and regional significance program on the 

15 basis of a competitive selection process in 

16 accordance with sections 1301(d), 1301(e), 

17 and 1301(f) of that Act (119 Stat. 1199). 

18 (ii) NATIONAL CORRIDOR INFRASTRUC19 TURE IMPROVEMENT PROGRAM.—Notwith20 standing section 1302(e) of SAFETEA–LU 

21 (119 Stat. 1205), the Secretary shall allo22 cate funds authorized to be appropriated 

23 under paragraph (2) for the national cor24 ridor infrastructure improvement program 

25 on the basis of a competitive selection proc-
65 

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1 ess in accordance with section 1302(b) of 

2 that Act (119 Stat. 1204). 

3 (5) EXTENSION OF AUTHORIZATIONS UNDER

4 TITLE V OF SAFETEA–LU.— 

5 (A) IN GENERAL.—The programs authorized 

6 under paragraphs (1) through (5) of section 

7 5101(a) of SAFETEA–LU (119 Stat. 1779) shall 

8 be continued for fiscal year 2010 at the funding 

9 levels authorized for those programs for fiscal 

10 year 2009. 

11 (B) DISTRIBUTION OF FUNDS.—Funds for 

12 programs continued under subparagraph (A) 

13 shall be distributed to major program areas 

14 under those programs in the same proportions as 

15 funds were allocated for those program areas for 

16 fiscal year 2009, except that designations for spe17 cific activities shall not be required to be contin18 ued for fiscal year 2010. 

19 (C) ADDITIONAL FUNDS.— 

20 (i) IN GENERAL.—No additional funds 

21 shall be provided for any project or activity 

22 under this paragraph that the Secretary of 

23 Transportation determines was sufficiently 

24 funded before or during fiscal year 2009 to 
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1 achieve the authorized purpose of the project 

2 or activity. 

3 (ii) DISTRIBUTION.—Funds that would 

4 have been made available under subpara5 graph (A) for a project or activity but for 

6 the prohibition under clause (i) shall be dis7 tributed in accordance with subparagraph 

8 (B). 

9 (b) ADMINISTRATIVE EXPENSES.— 

10 (1) AUTHORIZATION OF CONTRACT AUTHOR11 ITY.—Notwithstanding any other provision of this 

12 title or any other law, there is authorized to be appro13 priated from the Highway Trust Fund (other than 

14 the Mass Transit Account), $420,562,000 for adminis15 trative expenses of the Federal-aid highway program 

16 for fiscal year 2010. 

17 (2) CONTRACT AUTHORITY.—Funds authorized to 

18 be appropriated by this subsection shall be— 

19 (A) available for obligation, and shall be 

20 administered, in the same manner as if such 

21 funds were apportioned under chapter 1 of title 

22 23, United States Code, except that such funds 

23 shall remain available until expended; and 

24 (B) subject to a limitation on obligations 

25 for Federal-aid highways and highway safety 
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1 construction programs included in an Act mak2 ing appropriations for fiscal year 2010. 

3 (c) RECONCILIATION OF FUNDS.—The Secretary shall 

4 reduce the amount apportioned or allocated for a program, 

5 project, or activity continued under this section by any 

6 amount apportioned or allocated for such program, project, 

7 or activity pursuant to the Continuing Appropriations Res8 olution, 2010 (Public Law 111–68). 

9 (d) REFERENCES.—Except as otherwise expressly pro10 vided, any reference in this section to an Act, or a provision 

11 contained in an Act, shall be considered to include the 

12 amendments made by that Act or provision. 

13 EXTENSION OF HIGHWAY SAFETY PROGRAMS OF NATIONAL

14 HIGHWAY TRAFFIC SAFETY ADMINISTRATION

15 SEC. 2003. (a) CHAPTER 4 HIGHWAY SAFETY PRO16 GRAMS.—Section 2001(a)(1) of SAFETEA–LU (119 Stat. 

17 1519) is amended— 

18 (1) by striking ‘‘and’’; and 

19 (2) by inserting after ‘‘2009’’ the following: ‘‘, 

20 and $235,000,000 for fiscal year 2010’’. 

21 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP22 MENT.—Section 2001(a)(2) of such Act (119 Stat. 1519) is 

23 amended— 

24 (1) by striking ‘‘and’’; and 

25 (2) by inserting after ‘‘2009’’ the following: ‘‘, 

26 and $105,500,000 for fiscal year 2010’’. 
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1 (c) OCCUPANT PROTECTION INCENTIVE GRANTS.— 

2 (1) EXTENSION OF PROGRAM.—Section 405 of 

3 title 23, United States Code, is amended— 

4 (A) in subsection (a)(3) by striking ‘‘6’’ and 

5 inserting ‘‘7’’; and 

6 (B) in subsection (a)(4)(C) by striking ‘‘in 

7 each of the fifth and sixth fiscal years beginning 

8 after September 30, 2003,’’ and inserting ‘‘in 

9 each subsequent fiscal year’’. 

10 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec11 tion 2001(a)(3) of such Act (119 Stat. 1519) is 

12 amended— 

13 (A) by striking ‘‘and’’; and 

14 (B) by inserting after ‘‘2009’’ the following: 

15 ‘‘, and $25,000,000 for fiscal year 2010’’. 

16 (d) SAFETY BELT PERFORMANCE GRANTS.— 

17 (1) EXTENSION OF PROGRAM.—Section 406(c)(1) 

18 of title 23, United States Code, is amended by strik19 ing ‘‘2009’’ and inserting ‘‘2010’’. 

20 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec21 tion 2001(a)(4) of such Act (119 Stat. 1519) is 

22 amended— 

23 (A) by striking ‘‘and’’; and 

24 (B) by inserting after ‘‘2009’’ the following: 

25 ‘‘, and $124,500,000 for fiscal year 2010’’. 
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1 (e) STATE TRAFFIC SAFETY INFORMATION SYSTEM IM2 PROVEMENTS.—Section 2001(a)(5) of such Act (119 Stat. 

3 1519) is amended— 

4 (1) by striking ‘‘and’’; and 

5 (2) by inserting after ‘‘2009’’ the following: ‘‘, 

6 and $34,500,000 for fiscal year 2010’’. 

7 (f) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES

8 INCENTIVE GRANT PROGRAM.— 

9 (1) EXTENSION OF PROGRAM.—Section 410 of 

10 title 23, United States Code, is amended— 

11 (A) in subsection (a)(3)(C) by striking ‘‘in 

12 each of the fifth, sixth, seventh, and eighth fiscal 

13 years’’ and inserting ‘‘in each subsequent fiscal 

14 year’’; and 

15 (B) in subsection (b)(2)(C) by striking ‘‘and 

16 2009’’ and inserting ‘‘, 2009, and 2010’’. 

17 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec18 tion 2001(a)(6) of such Act (119 Stat. 1519) is 

19 amended— 

20 (A) by striking ‘‘and’’; and 

21 (B) by inserting after ‘‘2009’’ the following: 

22 ‘‘, and $139,000,000 for fiscal year 2010’’. 

23 (g) NATIONAL DRIVER REGISTER.—Section 

24 2001(a)(7) of such Act (119 Stat. 1520) is amended— 

25 (1) by striking ‘‘and’’; and 
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1 (2) by inserting after ‘‘2009’’ the following: ‘‘, 

2 and $4,000,000 for fiscal year 2010’’. 

3 (h) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 

4 (1) EXTENSION OF PROGRAM.—Section 2009(a) 

5 of such Act (23 U.S.C. 402 note; 119 Stat. 1535) is 

6 amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec8 tion 2001(a)(8) of such Act (119 Stat. 1520) is 

9 amended— 

10 (A) by striking ‘‘and’’; and 

11 (B) by inserting after ‘‘2009’’ the second 

12 place it appears the following: ‘‘, and 

13 $29,000,000 for fiscal year 2010’’. 

14 (i) MOTORCYCLIST SAFETY.— 

15 (1) EXTENSION OF PROGRAM.—Section 

16 2010(d)(1)(B) of such Act (23 U.S.C. 402 note; 119 

17 Stat. 1536) is amended by striking ‘‘and fourth’’ and 

18 inserting ‘‘fourth, and fifth’’. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec20 tion 2001(a)(9) of such Act (119 Stat. 1520) is 

21 amended— 

22 (A) by striking ‘‘and’’; and 

23 (B) by inserting after ‘‘2009’’ the following: 

24 ‘‘, and $7,000,000 for fiscal year 2010’’. 
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1 (j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFETY

2 INCENTIVE GRANTS.— 

3 (1) EXTENSION OF PROGRAM.—Section 

4 2011(c)(2) of such Act (23 U.S.C. 405 note; 119 Stat. 

5 1538) is amended by striking ‘‘fourth fiscal year’’ and 

6 inserting ‘‘fourth and fifth fiscal years’’. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec8 tion 2001(a)(10) of such Act (119 Stat. 1520) is 

9 amended— 

10 (A) by striking ‘‘and’’; and 

11 (B) by inserting after ‘‘2009’’ the following: 

12 ‘‘, and $7,000,000 for fiscal year 2010’’. 

13 (k) ADMINISTRATIVE EXPENSES.—Section 2001(a)(11) 

14 of such Act (119 Stat. 1520) is amended— 

15 (1) by striking ‘‘and’’ the last place it appears; 

16 and 

17 (2) by inserting after ‘‘2009’’ the following: ‘‘, 

18 and $18,500,000 for fiscal year 2010’’. 

19 (l) APPLICABILITY OF TITLE 23.—Section 2001(c) of 

20 such Act (119 Stat. 1520) is amended by striking ‘‘2009’’ 

21 and inserting ‘‘2010’’. 

22 (m) DRUG-IMPAIRED DRIVING ENFORCEMENT.—Sec23 tion 2013(f) of such Act (23 U.S.C. 403 note; 119 Stat. 

24 1540) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 
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1 (n) OLDER DRIVER SAFETY; LAW ENFORCEMENT

2 TRAINING.—Section 2017 of such Act (23 U.S.C. 402 note; 

3 119 Stat. 1541) is amended— 

4 (1) in subsection (a)(1) by striking ‘‘2009’’ and 

5 inserting ‘‘2010’’; and 

6 (2) in subsection (b)(2) by striking ‘‘2009’’ and 

7 inserting ‘‘2010’’. 

8 EXTENSION OF FEDERAL MOTOR CARRIER SAFETY

9 ADMINISTRATION PROGRAMS

10 SEC. 2004. (a) MOTOR CARRIER SAFETY GRANTS.— 

11 Section 31104(a) of title 49, United States Code, is amend12 ed— 

13 (1) by striking ‘‘and’’ at the end of paragraph 

14 (4); 

15 (2) by striking the period at the end of para16 graph (5) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(6) $212,070,000 for fiscal year 2010.’’. 

19 (b) ADMINISTRATIVE EXPENSES.—Section 31104(i)(1) 

20 of title 49, United States Code, is amended— 

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (D); 

23 (2) by striking the period at the end of subpara24 graph (E) and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 

26 ‘‘(F) $239,828,000 for fiscal year 2010.’’. 
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1 (c) HIGH PRIORITY ACTIVITIES.—Section 31104(k)(2) 

2 of title 49, United States Code, is amended by striking 

3 ‘‘2009’’ and inserting ‘‘2010’’. 

4 (d) GRANT PROGRAMS.—Section 4101(c) of 

5 SAFETEA–LU (119 Stat. 1715) is amended— 

6 (1) in paragraph (1) by striking ‘‘2009’’ and in7 serting ‘‘2010’’; 

8 (2) in paragraph (2) by striking ‘‘and 2009’’ 

9 and inserting ‘‘2009, and 2010’’; 

10 (3) in paragraph (3) by striking ‘‘and 2009’’ 

11 and inserting ‘‘2009, and 2010’’; 

12 (4) in paragraph (4) by striking ‘‘2009’’ and in13 serting ‘‘2010’’; and 

14 (5) in paragraph (5) by striking ‘‘2009’’ and in15 serting ‘‘2010’’. 

16 (e) COMMERCIAL DRIVER’S LICENSE INFORMATION

17 SYSTEM MODERNIZATION.—Section 4123(d) of SAFETEA– 

18 LU (119 Stat. 1736) is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (3); 

21 (2) by striking the period at the end of para22 graph (4) and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(5) $8,000,000 for fiscal year 2010.’’. 
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1 (f) OUTREACH AND EDUCATION.—Section 4127(e) of 

2 such Act (119 Stat. 1741) is amended by striking ‘‘and 

3 2009’’ and inserting ‘‘2009, and 2010’’. 

4 (g) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI5 CLE OPERATORS.—Section 4134(c) of such Act (119 Stat. 

6 1744) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 

7 (h) WORKING GROUP FOR DEVELOPMENT OF PRAC8 TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE

9 RELATIONS.—Section 4213(d) of such Act (119 Stat. 1759) 

10 is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 

11 (i) OFFICE OF INTERMODALISM.—Section 5503(i) of 

12 title 49, United States Code, is amended by striking ‘‘2009’’ 

13 and inserting ‘‘2010’’. 

14 EXTENSION OF FEDERAL TRANSIT ASSISTANCE PROGRAMS

15 SEC. 2005. (a) EXTENSION OF TRANSIT PROGRAMS.— 

16 Except as otherwise provided in this title, requirements, au17 thorities, conditions, eligibilities, limitations, and other 

18 provisions authorized under title III of SAFETEA–LU 

19 (119 Stat. 1544), the SAFETEA–LU Technical Corrections 

20 Act of 2008 (122 Stat. 1572), title III of the Intermodal 

21 Surface Transportation Efficiency Act of 1991 (105 Stat. 

22 2087), title III of the Transportation Equity Act for the 

23 21st Century (112 Stat. 338), and chapter 53 of title 49, 

24 United States Code, which would otherwise expire on or 

25 cease to apply after September 30, 2009, or the date speci26 fied in section 106(3) of the Continuing Appropriations 
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1 Resolution, 2010 (Public Law 111–68), are incorporated by 

2 reference and shall continue in effect through September 30, 

3 2010. 

4 (b) AUTHORIZATIONS.—For fiscal year 2010— 

5 (1) there shall be available from the Mass Tran6 sit Account of the Highway Trust Fund 

7 $8,343,171,000 for each Federal transit assistance 

8 program under section 5338(b) of title 49, United 

9 States Code, to be allocated among such programs in 

10 proportion to the amounts provided for each such pro11 gram in fiscal year 2009; and 

12 (2) there is authorized to be appropriated 

13 $2,164,581,000 for each Federal transit program 

14 under subsections (c) and (d) of section 5338 of title 

15 49, United States Code, and for administrative ex16 penses under subsection (e) of such section. 

17 (c) EXCEPTIONS.— 

18 (1) PROJECTS FOR BUS AND BUS-RELATED FA19 CILITIES AND CLEAN FUELS GRANT PROGRAM.—The 

20 project designations contained in section 3044 of 

21 SAFETEA–LU (119 Stat. 1652) shall not apply to 

22 funds made available under subsection (b)(1). 

23 (2) ALLOCATIONS FOR NATIONAL RESEARCH AND

24 TECHNOLOGY PROGRAMS.—A program, project, or ac25 tivity identified in section 3046 of SAFETEA–LU 
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1 (119 Stat. 1706) that the Secretary of Transportation 

2 determines was sufficiently funded before or during 

3 fiscal year 2009 to achieve the authorized purpose of 

4 the program, project, or activity shall not be eligible 

5 for funds authorized to be appropriated under sub6 section (b)(2). 

7 (d) CONTRACT AUTHORITY.—A grant or contract ap8 proved by the Secretary and financed with amounts made 

9 available from the Mass Transit Account of the Highway 

10 Trust Fund through September 30, 2010, to carry out sec11 tions 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 

12 5335, 5339 and 5340 of title 49, United States Code, and 

13 section 3038 of the Transportation Equity Act for the 21st 

14 Century (49 U.S.C. 5310 note; 112 Stat. 392) is a contrac15 tual obligation of the Government to pay the Federal share 

16 of the cost of the project. 

17 (e) RECONCILIATION OF FUNDS.—The Secretary shall 

18 reduce the amount apportioned or allocated for a program, 

19 project, or activity continued under this section by any 

20 amount apportioned or allocated for such program, project, 

21 or activity pursuant to the Continuing Appropriation Reso22 lution, 2010 (Public Law 111–68). 

23 (f) REFERENCES.—Except as otherwise expressly pro24 vided, any reference in this section to an Act, or a provision 
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1 contained in an Act, shall be considered to include the 

2 amendments made by that Act or provision. 

3 BOATING SAFETY EXTENSION

4 SEC. 2006. Section 4 of the Dingell-Johnson Sport 

5 Fish Restoration Act (16 U.S.C. 777c) is amended— 

6 (1) in subsection (a) by striking ‘‘2009, and the 

7 period from October 1, 2009, through the date speci8 fied in section 106(3) of the first Continuing Appro9 priations Resolution for Fiscal Year 2010 enacted 

10 into law,’’ and inserting ‘‘2010,’’; and 

11 (2) in subsection (b)(1)(A) by striking ‘‘2009 and 

12 the period from October 1, 2009, through the date 

13 specified in section 106(3) of the first Continuing Ap14 propriations Resolution for Fiscal Year 2010 enacted 

15 into law,’’ and inserting ‘‘2010,’’. 

16 LEVEL OF OBLIGATION LIMITATIONS

17 SEC. 2007. (a) HIGHWAY CATEGORY.—Section 

18 8003(a) of SAFETEA–LU (119 Stat. 1917) is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (4); 

21 (2) by striking the period at the end of para22 graph (5) and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(6) for fiscal year 2010, $42,469,970,178.’’. 

25 (b) MASS TRANSIT CATEGORY.—Section 8003(b) of 

26 SAFETEA–LU (119 Stat. 1917) is amended— 
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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (4); 

3 (2) by striking the period at the end of para4 graph (5) and inserting ‘‘; and’’; and 

5 (3) by inserting after paragraph (5) the fol6 lowing: 

7 ‘‘(6) for fiscal year 2010, $10,338,065,000.’’. 

8 HAZARDOUS MATERIALS RESEARCH

9 SEC. 2008. Section 7131(c) of SAFETEA–LU (119 

10 Stat. 1910) is amended by striking ‘‘2009’’ and inserting 

11 ‘‘2010’’. 

12 EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY

13 FROM TRUST FUNDS

14 SEC. 2009. (a) HIGHWAY TRUST FUND.— 

15 (1) HIGHWAY ACCOUNT.—Paragraph (1) of sec16 tion 9503(c) of the Internal Revenue Code of 1986 is 

17 amended— 

18 (A) by striking ‘‘September 30, 2009 (Octo19 ber 1, 2009’’ and inserting ‘‘September 30, 2010 

20 (October 1, 2010’’, and 

21 (B) by striking ‘‘under’’ and all that follows 

22 and inserting ‘‘under the Surface Transportation 

23 Extension Act of 2009 or any other provision of 

24 law which was referred to in this paragraph be25 fore the date of the enactment of such Act (as 
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1 such Act and provisions of law are in effect on 

2 the date of the enactment of such Act).’’. 

3 (2) MASS TRANSIT ACCOUNT.—Paragraph (3) of 

4 section 9503(e) of such Code is amended— 

5 (A) by striking ‘‘October 1, 2009’’ and in6 serting ‘‘October 1, 2010’’, and 

7 (B) by striking ‘‘in accordance with’’ and 

8 all that follows and inserting ‘‘in accordance 

9 with the Surface Transportation Extension Act 

10 of 2009 or any other provision of law which was 

11 referred to in this paragraph before the date of 

12 the enactment of such Act (as such Act and pro13 visions of law are in effect on the date of the en14 actment of such Act).’’. 

15 (3) EXCEPTION TO LIMITATION ON TRANS16 FERS.—Subparagraph (B) of section 9503(b)(6) of 

17 such Code is amended by striking ‘‘September 30, 

18 2009 (October 1, 2009’’ and inserting ‘‘September 30, 

19 2010 (October 1, 2010’’. 

20 (b) SPORT FISH RESTORATION AND BOATING TRUST

21 FUND.— 

22 (1) IN GENERAL.—Paragraph (2) of section 

23 9504(b) of such Code is amended— 

24 (A) by striking ‘‘(as in effect’’ in subpara25 graph (A) and all that follows in such subpara-
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1 graph and inserting ‘‘(as in effect on the date of 

2 the enactment of the Surface Transportation Ex3 tension Act of 2009),’’, 

4 (B) by striking ‘‘(as in effect’’ in subpara5 graph (B) and all that follows in such subpara6 graph and inserting ‘‘(as in effect on the date of 

7 the enactment of the Surface Transportation Ex8 tension Act of 2009), and’’, and 

9 (C) by striking ‘‘(as in effect’’ in subpara10 graph (C) and all that follows in such subpara11 graph and inserting ‘‘(as in effect on the date of 

12 the enactment of the Surface Transportation Ex13 tension Act of 2009).’’. 

14 (2) EXCEPTION TO LIMITATION ON TRANS15 FERS.—Paragraph (2) of section 9504(d) of such Code 

16 is amended by striking ‘‘October 1, 2009’’ and insert17 ing ‘‘October 1, 2010’’. 

18 (c) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect on September 30, 2009. 

20 DETERMINATION OF HIGHWAY TRUST FUND BALANCES

21 SEC. 2010. (a) RESTORATION OF CERTAIN FOREGONE

22 INTEREST TO HIGHWAY TRUST FUND.—Subsection (f) of 

23 section 9503 of the Internal Revenue Code of 1986 (relating 

24 to determination of trust fund balances after September 30, 

25 1998) is amended— 

26 (1) by striking paragraph (2); and 
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1 (2) by adding at the end the following new para2 graph: 

3 ‘‘(2) RESTORATION OF FOREGONE INTEREST.— 

4 Out of money in the Treasury not otherwise appro5 priated, there is hereby appropriated (without fiscal 

6 year limitation)— 

7 ‘‘(A) $14,700,000,000 to the Highway Ac8 count (as defined in subsection (e)(5)(B)) of the 

9 Highway Trust Fund, and 

10 ‘‘(B) $4,800,000,000 to the Mass Transit 

11 Account of the Highway Trust Fund.’’. 

12 (b) REPEAL OF PROVISION PROHIBITING CREDITING

13 OF INTEREST TO HIGHWAY TRUST FUND.— 

14 (1) IN GENERAL.—Paragraph (1) of section 

15 9503(f) of such Code is amended by striking subpara16 graph (B). 

17 (2) CONFORMING AMENDMENTS.—Such para18 graph, as amended by paragraph (1), is further 

19 amended— 

20 (A) by striking ‘‘, and’’ at the end of sub21 paragraph (A) and inserting a period, and 

22 (B) by striking ‘‘1998’’ in the matter pre23 ceding subparagraph (A) and all that follows 

24 through ‘‘the opening balance’’ and inserting 

25 ‘‘1998, the opening balance’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the date of the enactment of this 

3 Act. 

4 REPEAL OF TRANSFERS FROM HIGHWAY TRUST FUND FOR

5 REPAYMENTS AND CREDITS

6 SEC. 2011. (a) IN GENERAL.—Subsection (c) of section 

7 9503 of the Internal Revenue Code of 1986 is amended by 

8 striking paragraph (2) and by redesignating paragraphs 

9 (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5). 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 9502(a) of such Code is amended by 

12 striking ‘‘section 9503(c)(7)’’ and inserting ‘‘section 

13 9503(c)(5)’’. 

14 (2) Section 9503(b)(4)(D) of such Code is 

15 amended by striking ‘‘paragraph (4)(D) or (5)(B)’’ 

16 and inserting ‘‘paragraph (3)(D) or (4)(B)’’. 

17 (3) Section 9503(c)(2) of such Code, as redesig18 nated by subsection (a), is amended by adding at the 

19 end the following sentence: ‘‘The amounts payable 

20 from the Highway Trust Fund under the preceding 

21 sentence shall be determined by taking into account 

22 only the portion of the taxes which are deposited into 

23 the Highway Trust Fund.’’. 

24 (4) Section 9503(e)(5)(A) of such Code is amend25 ed by striking ‘‘paragraphs (2), (3), and (4)’’ and in26 serting ‘‘paragraphs (2) and (3)’’. 
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1 (5) Section 9504(a) of such Code is amended by 

2 striking ‘‘section 9503(c)(4), section 9503(c)(5)’’ and 

3 inserting ‘‘section 9503(c)(3), section 9503(c)(4)’’. 

4 (6) Section 9504(b)(2) of such Code is amended 

5 by striking ‘‘section 9503(c)(5)’’ and inserting ‘‘sec6 tion 9503(c)(4)’’. 

7 (7) Section 9504(e) of such Code is amended by 

8 striking ‘‘section 9503(c)(4)’’ and inserting ‘‘section 

9 9503(c)(3)’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to amounts paid, and credits allowed 

12 with respect to fuel used, in calendar quarters beginning 

13 after the date of the enactment of this Act. 

14 FEDERAL SHARE

15 SEC. 2012. (a) IN GENERAL.—Notwithstanding any 

16 other provision of law, the Federal share of the cost of a 

17 covered project or activity (or portion of a covered project 

18 or activity) funded with amounts obligated during the pe19 riod beginning on the date of enactment of this Act and 

20 ending on September 30, 2010, shall be, at the option of 

21 the recipient, up to 100 percent. 

22 (b) COVERED PROJECT OR ACTIVITY DEFINED.— 

23 (1) IN GENERAL.—In this section, the term ‘‘cov24 ered project or activity’’ means a project or activity 

25 eligible for assistance under titles I through VI of 

26 SAFETEA–LU (119 Stat. 1144), the SAFETEA–LU 
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1 Technical Corrections Act of 2008 (122 Stat. 1572), 

2 titles I through VI of the Intermodal Surface Trans3 portation Efficiency Act of 1991 (105 Stat. 1914), ti4 tles I through V of the Transportation Equity Act for 

5 the 21st Century (112 Stat. 107), title 23, United 

6 States Code, chapter 53 of title 49, United States 

7 Code, chapter 303 of title 49, United States Code, or 

8 part B of subtitle VI of title 49, United States Code. 

9 (2) EXCLUSIONS.—Notwithstanding paragraph 

10 (1), the term does not include a project or activity 

11 funded pursuant to— 

12 (A) section 1301 or 1302 of SAFETEA–LU 

13 (119 Stat. 1198, 1204); 

14 (B) section 5309(d) or 5309(e) of title 49, 

15 United States Code; 

16 (C) the national infrastructure investments 

17 program in the Office of the Secretary of Trans18 portation; or 

19 (D) section 122 of the Department of Trans20 portation Appropriations Act, 2010. 

21 (c) REFERENCES.—Any reference in this section to an 

22 Act, or a provision contained in an Act, shall be considered 

23 to include the amendments made by that Act or provision. 
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1 BUY AMERICA REQUIREMENTS FOR HIGHWAY AND PUBLIC

2 TRANSPORTATION PROJECTS

3 SEC. 2013. (a) HIGHWAYS.—Section 313 of title 23, 

4 United States Code, is amended— 

5 (1) by redesignating subsections (c) through (f) 

6 as subsections (e) through (h), respectively; 

7 (2) by inserting after subsection (b) the fol8 lowing: 

9 ‘‘(c) REQUIREMENTS FOR ISSUANCE OF WAIVERS.— 

10 ‘‘(1) PUBLIC INTEREST WAIVERS.—The Secretary 

11 may issue a waiver under subsection (b)(1) only after 

12 the Secretary has considered the potential impacts of 

13 the waiver on domestic manufacturing employment. 

14 ‘‘(2) INSUFFICIENT DOMESTIC SOURCE WAIV15 ERS.—The Secretary may issue a waiver under sub16 section (b)(2) with respect to a material or product 

17 only if the Secretary publishes notice of the waiver on 

18 the Internet for a period of at least 5 business days 

19 prior to issuance of the waiver and a sufficient do20 mestic source of the material or product does not 

21 identify itself during the period. 

22 ‘‘(d) TRANSPARENCY OF WAIVERS.— 

23 ‘‘(1) IN GENERAL.—When the Secretary receives 

24 a written request for a waiver under this section, the 

25 Secretary shall— 
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1 ‘‘(A) publish the request on the Internet 

2 within 5 business days of the date of receipt of 

3 the request; and 

4 ‘‘(B) if the Secretary decides to issue a 

5 waiver based on the request, publish on the Inter6 net, within 30 days following the date of 

7 issuance of the waiver, a detailed written jus8 tification as to why the waiver is necessary, in9 cluding an identification of the amount of Fed10 eral funds associated with the waiver. 

11 ‘‘(2) EMPLOYMENT IMPACT STATEMENT.—In 

12 issuing a waiver based on a finding under subsection 

13 (b)(1), the Secretary shall include, as part of the Sec14 retary’s written justification for the waiver decision, 

15 a statement detailing the short- and long-term impact 

16 of the decision on domestic manufacturing employ17 ment.’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(i) APPLICATION TO BRIDGE PROJECTS.—In the case 

20 of a bridge project, the requirements of this section apply 

21 to all construction contracts carried out within the scope 

22 of the applicable decision under the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

24 carried out on the bridge from abutment to abutment (in25 cluding the abutments) regardless of the funding source of 
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1 the contracts if at least one contract for construction with 

2 respect to the bridge is funded with amounts made available 

3 under this title.’’. 

4 (b) PUBLIC TRANSPORTATION.—Section 5323(j) of 

5 title 49, United States Code, is amended— 

6 (1) in paragraph (2)(C) in the matter preceding 

7 clause (i) by inserting ‘‘, but excluding a rolling stock 

8 prototype’’ after ‘‘equipment’’; 

9 (2) by redesignating paragraphs (3) through (9) 

10 as paragraphs (5) through (11), respectively; and 

11 (3) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) REQUIREMENTS FOR ISSUANCE OF WAIV14 ER.— 

15 ‘‘(A) PUBLIC INTEREST WAIVERS.—The Sec16 retary may issue a waiver under paragraph 

17 (2)(A) only after the Secretary has considered 

18 the potential impacts of the waiver on domestic 

19 manufacturing employment. 

20 ‘‘(B) INSUFFICIENT DOMESTIC SOURCE

21 WAIVERS.—The Secretary may issue a waiver 

22 under paragraph (2)(B) with respect to a mate23 rial or product only if the Secretary publishes 

24 notice of the waiver on the Internet for a period 

25 of at least 5 business days prior to issuance of 
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1 the waiver and a sufficient domestic source of the 

2 material or product does not identify itself dur3 ing the period. 

4 ‘‘(4) TRANSPARENCY OF WAIVERS.— 

5 ‘‘(A) IN GENERAL.—When the Secretary re6 ceives a written request for a waiver under this 

7 subsection, the Secretary shall— 

8 ‘‘(i) publish the request on the Internet 

9 within 5 business days of the date of receipt 

10 of the request; and 

11 ‘‘(ii) if the Secretary decides to issue a 

12 waiver based on the request, publish on the 

13 Internet, within 30 days following the date 

14 of issuance of the waiver, a detailed written 

15 justification as to why the waiver is nec16 essary, including an identification of the 

17 amount of Federal funds associated with the 

18 waiver. 

19 ‘‘(B) EMPLOYMENT IMPACT STATEMENT.— 

20 In issuing a waiver based on a finding under 

21 paragraph (2)(A), the Secretary shall include, as 

22 part of the Secretary’s written justification of the 

23 waiver decision, a statement detailing the short24 and long-term impact of the decision on domestic 

25 manufacturing employment.’’. 
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1 (c) IMPLEMENTATION.— 

2 (1) FINAL GUIDANCE.—Not later than 120 days 

3 after the date of enactment of this Act, the Secretary 

4 shall issue final guidance to carry out the amend5 ments made by this section. 

6 (2) EFFECTIVE DATE.—The requirements of the 

7 amendments made by subsections (a) and (b) shall 

8 begin to apply only after issuance of final guidance 

9 by the Secretary under paragraph (1). 

10 (d) SEMIANNUAL REPORT.—Not later than 6 months 

11 after the date of enactment of this Act, and semiannually 

12 thereafter through September 30, 2011, the Comptroller 

13 General shall submit to the Committee on Transportation 

14 and Infrastructure and the Committee on Education and 

15 Labor of the House of Representatives and the Committee 

16 on Environment and Public Works, the Committee on 

17 Banking, Housing, and Urban Affairs, and the Committee 

18 on Health, Education, Labor, and Pensions of the Senate 

19 a report on the number of waivers issued by the Secretary 

20 of Transportation under section 313(b) of title 23, United 

21 States Code, and section 5323(j)(2) of title 49, United 

22 States Code, the reasons relied upon for issuing the waivers, 

23 and the amount of Federal funds associated with each waiv24 er and in total for the period examined. 
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1 TITLE III—UNEMPLOYMENT AND OTHER 

2 EMERGENCY NEEDS 

3 CHAPTER 1—AGRICULTURE AND RURAL 

4 DEVELOPMENT 

5 DEPARTMENT OF AGRICULTURE 

6 GENERAL PROVISION, THIS CHAPTER

7 RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF

8 THE DEPARTMENT OF AGRICULTURE UNDER THE

9 EQUAL CREDIT OPPORTUNITY ACT

10 SEC. 3101. (a) IN GENERAL.—To the extent permitted 

11 by the Constitution, and notwithstanding any other period 

12 of limitations, in the case of an eligible complaint alleging 

13 discrimination in violation of the Equal Credit Oppor14 tunity Act (15 U.S.C. 1691) involving a credit program of 

15 the Department of Agriculture, a complainant may, before 

16 the end of the filing period— 

17 (1) file a civil action under subsection (c); or 

18 (2) request administrative review under sub19 section (d). 

20 (b) ELIGIBLE COMPLAINT.—For purposes of this sec21 tion, the term ‘‘eligible complaint’’ means any written com22 plaint— 

23 (1) that is not employment related; 
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1 (2) that was filed with the Department of Agri2 culture after December 31, 1997, and before the ear3 lier of— 

4 (A) 2 years after the date of the alleged vio5 lation of the Equal Credit Opportunity Act; and 

6 (B) the date of the enactment of this Act; 

7 and 

8 (3) with respect to which the complainant— 

9 (A) was not a party to the consent decree 

10 in the case entitled ‘‘Pigford v. Glickman’’, ap11 proved by the United States District Court for 

12 the District of Columbia on April 14, 1999; and 

13 (B) has not obtained relief from the Depart14 ment of Agriculture or a court of competent ju15 risdiction. 

16 (c) CIVIL ACTION.—A civil action may be filed under 

17 this subsection if, with respect to the eligible complaint, the 

18 complainant— 

19 (1) has not requested administrative review; or 

20 (2) has requested administrative review, and the 

21 Secretary, with respect to each request, has either— 

22 (A) issued a determination; or 

23 (B) failed to issue a determination by a 

24 date that is 180 days after the date such request 

25 was made. 
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1 (d) ADMINISTRATIVE REVIEW.—Administrative review 

2 may be requested under this subsection as follows: 

3 (1) DETERMINATION ON THE MERITS.—A com4 plainant may request a determination on the merits 

5 if the complainant, with respect to the eligible com6 plaint, has not filed a civil action. 

7 (2) HEARING ON THE RECORD.—A complainant 

8 may request a hearing on the record if the complain9 ant, with respect to the eligible complaint— 

10 (A) has not filed a civil action; 

11 (B) has requested a determination on the 

12 merits, and the Secretary has not issued such de13 termination by the issuance deadline in sub14 section (f)(2)(A); and 

15 (C) requests such hearing no later than 180 

16 days after the issuance deadline in subsection 

17 (f)(2)(A). 

18 (e) INFORMAL RESOLUTION.—Notwithstanding any 

19 other provision of this section, the Secretary may infor20 mally resolve an eligible complaint with a complainant. 

21 (f) SPECIAL RULES FOR ADMINISTRATIVE REVIEW.— 

22 For purposes of this section: 

23 (1) REQUESTS FOR ADMINISTRATIVE REVIEW.— 

24 A request for administrative review shall be— 

25 (A) in writing; and 
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1 (B) filed in accordance with procedures es2 tablished by the Secretary. 

3 (2) RESPONSIBILITY OF SECRETARY.—If a com4 plainant requests a determination on the merits 

5 under subsection (d)(1), then, unless a complainant, 

6 with respect to the eligible complaint, files a civil ac7 tion or requests a hearing on the record, the Secretary 

8 shall, with respect to the eligible complaint, take the 

9 following actions: 

10 (A) ISSUANCE OF DETERMINATION.—The 

11 Secretary shall, not later than an issuance dead12 line that is 1 year after the date on which the 

13 complainant requests a determination on the 

14 merits— 

15 (i) investigate the eligible complaint; 

16 and 

17 (ii) issue a written determination. 

18 (B) NOTICE OF FAILURE TO ISSUE TIMELY

19 DETERMINATION.—If the Secretary does not issue 

20 a written determination by the issuance deadline 

21 in subparagraph (A), the Secretary shall 

22 promptly issue to the complainant, in writing 

23 and by registered mail, notice— 

24 (i) that the Secretary has not issued a 

25 timely determination; and 
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1 (ii) of the period of time during which 

2 the complainant may bring a civil action or 

3 request a hearing on the record. 

4 (3) FINALITY OF DETERMINATION WITH RESPECT

5 TO HEARING ON THE RECORD.—A determination with 

6 respect to a hearing on the record shall be final. 

7 (4) JUDICIAL REVIEW OF ADMINISTRATIVE DE8 TERMINATION.—A determination on the merits or a 

9 determination with respect to a hearing on the record 

10 shall be subject to de novo review. 

11 (g) FILING PERIOD.— 

12 (1) IN GENERAL.—For purposes of this section, 

13 the term ‘‘filing period’’ means the 2-year period be14 ginning on the date of enactment of this Act. 

15 (2) TOLLING.—The running of the filing period 

16 in paragraph (1), for the purpose of filing a civil ac17 tion under subsection (c) or requesting a hearing on 

18 the record under subsection (d)(2), shall be tolled for 

19 the period that, with respect to the eligible com20 plaint— 

21 (A) begins on the date of a request for a de22 termination on the merits; and 

23 (B) ends on the date on which the Secretary 

24 issues a determination with respect to a deter-
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1 mination on the merits or a hearing on the 

2 record. 

3 (h) RELIEF.— 

4 (1) AMOUNT.—Subject to paragraph (2), a com5 plainant shall, under subsection (a), and may, under 

6 subsection (e), be awarded such relief as the complain7 ant would be afforded under the Equal Credit Oppor8 tunity Act, including— 

9 (A) actual damages; 

10 (B) the costs of the action, together with a 

11 reasonable attorney’s fee; and 

12 (C) debt relief, including— 

13 (i) write-downs or write-offs of the 

14 principal on a loan; 

15 (ii) write-downs or write-offs of the in16 terest on a loan; 

17 (iii) reduction of the interest rate on a 

18 loan; 

19 (iv) waiver or reduction of penalties 

20 with respect to a loan; or 

21 (v) other modification of the terms of a 

22 loan. 

23 (2) LIMITATIONS ON RELIEF.— 
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1 (A) IN GENERAL.—The total amount 

2 awarded under this section for all claims shall 

3 not exceed $100,000,000. 

4 (B) ACTUAL DAMAGES, COSTS, AND ATTOR5 NEY’S FEES.—The sum of the total amount 

6 awarded under paragraph (1)(A) for all claims, 

7 plus the total amount awarded under paragraph 

8 (1)(B) for all claims, shall not exceed 

9 $40,000,000. 

10 (C) DEBT RELIEF.—The total amount 

11 awarded under paragraph (1)(C) for all claims 

12 shall not exceed $60,000,000. 

13 (3) EXEMPTION FROM TAXATION.—Any award 

14 under clauses (ii), (iii), or (iv) of subparagraph (C) 

15 of paragraph (1) shall not be included in gross in16 come for purposes of chapter 1 of the Internal Rev17 enue Code of 1986. 

18 (i) FUNDING.— 

19 (1) There is hereby appropriated to the Sec20 retary, for relief awarded under subsection (h)(1), 

21 $100,000,000, to remain available until expended. 

22 (2) Of the funds derived from interest on the 

23 cushion of credit payments including funds in the 

24 current fiscal year, as authorized by section 313 of the 

25 Rural Electrification Act of 1936, an additional 
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1 $100,000,000 shall not be obligated and an additional 

2 $100,000,000 are rescinded. 

3 (j) SECRETARY.—For purposes of this section, the term 

4 ‘‘Secretary’’ means the Secretary of Agriculture. 

5 CHAPTER 2—FINANCIAL SERVICES AND 

6 GENERAL GOVERNMENT 

7 SMALL BUSINESS ADMINISTRATION

8 BUSINESS LOANS PROGRAM ACCOUNT

9 For an additional amount for ‘‘Business Loans Pro10 gram Account’’ for fee reductions and eliminations under 

11 section 501 of division A of the American Recovery and 

12 Reinvestment Act of 2009 (Public Law 111–5) and for the 

13 cost of guaranteed loans under section 502 of such division, 

14 $354,000,000: Provided, That such cost shall be as defined 

15 in section 502 of the Congressional Budget Act of 1974: Pro16 vided further, That authority to guarantee loans under sec17 tion 502 of division A of the American Recovery and Rein18 vestment Act of 2009 shall remain in effect through Sep19 tember 30, 2010, notwithstanding subsection (f) of such sec20 tion. 

21 GENERAL PROVISION, THIS CHAPTER

22 RESCISSIONS

23 SEC. 3201. The following funds are hereby rescinded 

24 from the following accounts and programs in the specified 

25 amounts: 
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1 (1) ‘‘National Telecommunications and Informa2 tion Administration—Digital-to-Analog Converter 

3 Box Program’’ in the Department of Commerce, 

4 $111,000,000. 

5 (2) ‘‘Special Supplemental Nutrition Program 

6 for Women, Infants, and Children (WIC)’’ of the De7 partment of Agriculture, $243,000,000, to be derived 

8 from unobligated balances available from amounts 

9 placed in reserve in title I of division A of the Amer10 ican Recovery and Reinvestment Act of 2009 (Public 

11 Law 111–5; 123 Stat. 115). 

12 CHAPTER 3—LABOR, HEALTH AND HUMAN 

13 SERVICES, AND EDUCATION 

14 GENERAL PROVISIONS, THIS CHAPTER

15 ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING

16 FAMILIES

17 SEC. 3301. (a)(1) Section 4007 of the Supplemental 

18 Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 

19 3304 note) is amended— 

20 (A) by striking ‘‘December 31, 2009’’ each place 

21 it appears and inserting ‘‘June 30, 2010’’; 

22 (B) in the heading for subsection (b)(2), by strik23 ing ‘‘DECEMBER 31, 2009’’ and inserting ‘‘JUNE 30, 

24 2010’’; and 
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1 (C) in subsection (b)(3), by striking ‘‘May 31, 

2 2010’’ and inserting ‘‘November 30, 2010’’. 

3 (2) Section 2002(e) of the Assistance for Unemployed 

4 Workers and Struggling Families Act, as contained in Pub5 lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 438), is 

6 amended— 

7 (A) in paragraph (1)(B), by striking ‘‘January 

8 1, 2010’’ and inserting ‘‘July 1, 2010’’; 

9 (B) in the heading for paragraph (2), by strik10 ing ‘‘JANUARY 1, 2010’’ and inserting ‘‘JULY 1, 2010’’; 

11 and 

12 (C) in paragraph (3), by striking ‘‘June 30, 

13 2010’’ and inserting ‘‘December 31, 2010’’. 

14 (3) Section 2005 of the Assistance for Unemployed 

15 Workers and Struggling Families Act, as contained in Pub16 lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is 

17 amended— 

18 (A) by striking ‘‘January 1, 2010’’ each place it 

19 appears and inserting ‘‘July 1, 2010’’; and 

20 (B) in subsection (c), by striking ‘‘June 1, 2010’’ 

21 and inserting ‘‘December 1, 2010’’. 

22 (4) Section 5 of the Unemployment Compensation Ex23 tension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 

24 note) is amended by striking ‘‘May 30, 2010’’ and inserting 

25 ‘‘November 30, 2010’’. 
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1 (b) Section 4004(e)(1) of the Supplemental Appropria2 tions Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) 

3 is amended by striking ‘‘by reason of’’ and all that follows 

4 and inserting the following: ‘‘by reason of— 

5 ‘‘(A) the amendments made by section 

6 2001(a) of the Assistance for Unemployed Work7 ers and Struggling Families Act; 

8 ‘‘(B) the amendments made by sections 2 

9 through 4 of the Worker, Homeownership, and 

10 Business Assistance Act of 2009; and 

11 ‘‘(C) the amendments made by section 

12 3301(a)(1) of the Jobs for Main Street Act, 2010; 

13 and’’. 

14 EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE

15 FOR COBRA BENEFITS

16 SEC. 3302. (a) EXTENSION OF ELIGIBILITY PERIOD.— 

17 Subsection (a)(3)(A) of section 3001 of division B of the 

18 American Recovery and Reinvestment Act of 2009 (Public 

19 Law 111–5) is amended by striking ‘‘December 31, 2009’’ 

20 and inserting ‘‘June 30, 2010’’. 

21 (b) EXTENSION OF MAXIMUM DURATION OF ASSIST22 ANCE.—Subsection (a)(2)(A)(ii)(I) of such section is 

23 amended by striking ‘‘9 months’’ and inserting ‘‘15 

24 months’’. 
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1 (c) RULES RELATED TO 2009 EXTENSION.—Sub2 section (a) of such section is further amended by adding 

3 at the end the following: 

4 ‘‘(16) RULES RELATED TO 2009 EXTENSION.— 

5 ‘‘(A) ELECTION TO PAY PREMIUMS RETRO6 ACTIVELY AND MAINTAIN COBRA COVERAGE.—In 

7 the case of any premium for a period of coverage 

8 during an assistance eligible individual’s transi9 tion period, such individual shall be treated for 

10 purposes of any COBRA continuation provision 

11 as having timely paid the amount of such pre12 mium if— 

13 ‘‘(i) such individual was covered under 

14 the COBRA continuation coverage to which 

15 such premium relates for the period of cov16 erage immediately preceding such transition 

17 period, and 

18 ‘‘(ii) such individual pays, not later 

19 than 60 days after the date of the enactment 

20 of this paragraph (or, if later, 30 days after 

21 the date of provision of the notification re22 quired under subparagraph (D)(ii)), the 

23 amount of such premium, after the applica24 tion of paragraph (1)(A). 
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1 ‘‘(B) REFUNDS AND CREDITS FOR RETRO2 ACTIVE PREMIUM ASSISTANCE ELIGIBILITY.—In 

3 the case of an assistance eligible individual who 

4 pays, with respect to any period of COBRA con5 tinuation coverage during such individual’s 

6 transition period, the premium amount for such 

7 coverage without regard to paragraph (1)(A), 

8 rules similar to the rules of paragraph (12)(E) 

9 shall apply. 

10 ‘‘(C) TRANSITION PERIOD.— 

11 ‘‘(i) IN GENERAL.—For purposes of 

12 this paragraph, the term ‘transition period’ 

13 means, with respect to any assistance eligi14 ble individual, any period of coverage if— 

15 ‘‘(I) such period begins before the 

16 date of the enactment of this para17 graph, and 

18 ‘‘(II) paragraph (1)(A) applies to 

19 such period by reason of the amend20 ment made by section 3302(b) of the 

21 Jobs for Main Street Act, 2010. 

22 ‘‘(ii) CONSTRUCTION.—Any period 

23 during the period described in subclauses 

24 (I) and (II) of clause (i) for which the ap25 plicable premium has been paid pursuant 
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1 to subparagraph (A) shall be treated as a 

2 period of coverage referred to in such para3 graph, irrespective of any failure to timely 

4 pay the applicable premium (other than 

5 pursuant to subparagraph (A)) for such pe6 riod. 

7 ‘‘(D) NOTIFICATION.— 

8 ‘‘(i) IN GENERAL.—In the case of an 

9 individual who was an assistance eligible 

10 individual at any time on or after October 

11 31, 2009, or experiences a qualifying event 

12 (consisting of a reduction of hours or termi13 nation of employment) relating to COBRA 

14 continuation coverage on or after such date, 

15 the administrator of the group health plan 

16 (or other entity) involved shall provide an 

17 additional notification with information re18 garding the amendments made by the Jobs 

19 for Main Street Act, 2010 within 60 days 

20 after the date of the enactment of such Act 

21 or, in the case of a qualifying event occur22 ring after such date of enactment, consistent 

23 with the timing of notifications under para24 graph (7)(A). 
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1 ‘‘(ii) TO INDIVIDUALS WHO LOST AS2 SISTANCE.—In the case of an assistance eli3 gible individual described in subparagraph 

4 (A)(i) who did not timely pay the premium 

5 for any period of coverage during such indi6 vidual’s transition period or paid the pre7 mium for such period without regard to 

8 paragraph (1)(A), the administrator of the 

9 group health plan (or other entity) involved 

10 shall provide to such individual, within the 

11 first 60 days of such individual’s transition 

12 period, an additional notification with in13 formation regarding the amendments made 

14 by the Jobs for Main Street Act, 2010, in15 cluding information on the ability under 

16 subparagraph (A) to make retroactive pre17 mium payments with respect to the transi18 tion period of the individual in order to 

19 maintain COBRA continuation coverage. 

20 ‘‘(iii) APPLICATION OF RULES.—Rules 

21 similar to the rules of paragraph (7) shall 

22 apply with respect to notifications under 

23 this subparagraph.’’. 

24 (d) CLARIFICATIONS RELATING TO SECTION 3001 OF

25 ARRA.— 
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1 (1) CLARIFICATION THAT ELIGIBILITY AND NO2 TICE IS BASED ON TIMING OF QUALIFYING EVENT.— 

3 Subsection (a) of such section is amended— 

4 (A) in paragraph (3)(A)— 

5 (i) by striking ‘‘at any time’’ and in6 serting ‘‘such qualified beneficiary is eligi7 ble for COBRA continuation coverage re8 lated to a qualifying event occurring’’; and 

9 (ii) by striking ‘‘, such qualified bene10 ficiary is eligible for COBRA continuation 

11 coverage’’; and 

12 (B) in paragraph (7)(A), by striking ‘‘be13 come entitled to elect COBRA continuation cov14 erage’’ and inserting ‘‘have a qualifying event re15 lating to COBRA continuation coverage’’. 

16 (2) CLARIFICATION REGARDING RETIREE COV17 ERAGE.—Subsection (a)(2)(A)(i) of such section is 

18 amended by inserting ‘‘coverage under a retiree health 

19 plan,’’ after ‘‘other than’’. 

20 (3) CLARIFICATION REGARDING COBRA CONTINU21 ATION RESULTING FROM REDUCTIONS IN HOURS.— 

22 Subsection (a) of such section is further amended— 

23 (A) in paragraph (3)(C), by inserting before 

24 the period at the end the following: ‘‘or consists 

25 of a reduction of hours followed by such an in-
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1 voluntary termination of employment during 

2 such period’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS

5 LOSING COVERAGE BECAUSE OF A REDUCTION OF

6 HOURS.— 

7 ‘‘(A) NEW ELECTION PERIOD.— 

8 ‘‘(i) IN GENERAL.—For the purposes of 

9 the COBRA continuation provisions, in the 

10 case of an individual described in subpara11 graph (C) who did not make (or who made 

12 and discontinued) an election of COBRA 

13 continuation coverage on the basis of the re14 duction of hours of employment, the invol15 untary termination of employment of such 

16 individual after the date of the enactment of 

17 the Jobs for Main Street Act, 2010, shall be 

18 treated as a qualifying event. 

19 ‘‘(ii) COUNTING COBRA DURATION PE20 RIOD FROM PREVIOUS QUALIFYING

21 EVENT.—In any case of an individual re22 ferred to in clause (i), the period of such in23 dividual’s continuation coverage shall be de24 termined as though the qualifying event 

25 were the reduction of hours of employment. 
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1 ‘‘(iii) CONSTRUCTION.—Nothing in 

2 this paragraph shall be construed as requir3 ing an individual referred to in clause (i) 

4 to make a payment for COBRA continu5 ation coverage between the reduction of 

6 hours and the involuntary termination of 

7 employment. 

8 ‘‘(iv) PREEXISTING CONDITIONS.— 

9 With respect to an individual referred to in 

10 clause (i) who elects COBRA continuation 

11 coverage pursuant to such clause, rules 

12 similar to the rules in paragraph (4)(C) 

13 shall apply. 

14 ‘‘(B) NOTICES.—In the case of an indi15 vidual described in subparagraph (C), the ad16 ministrator of the group health plan (or other 

17 entity) involved shall provide, during the 60-day 

18 period beginning on the date of such individual’s 

19 termination of employment, an additional notifi20 cation described in paragraph (7)(A), including 

21 information on the provisions of this paragraph. 

22 Rules similar to the rules of paragraph (7) shall 

23 apply with respect to such notification. 

24 ‘‘(C) INDIVIDUALS DESCRIBED.—Individ25 uals described in this subparagraph are individ-
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1 uals who are assistance eligible individuals on 

2 the basis of a qualifying event consisting of a re3 duction of hours occurring during the period de4 scribed in paragraph (3)(A) followed by an in5 voluntary termination of employment insofar as 

6 such termination of employment occurred after 

7 the date of the enactment of the Jobs for Main 

8 Street Act, 2010.’’. 

9 (4) CLARIFICATION OF PERIOD OF ASSIST10 ANCE.—Subsection (a)(2)(A)(ii)(I) of such section is 

11 amended by striking ‘‘of the first month’’. 

12 (5) ENFORCEMENT.—Subsection (a)(5) of such 

13 section is amended by adding at the end the fol14 lowing: ‘‘In addition to civil actions that may be 

15 brought to enforce applicable provisions of such Act or 

16 other laws, the appropriate Secretary or an affected 

17 individual may bring a civil action to enforce such 

18 determinations and for appropriate relief. In addi19 tion, such Secretary may assess a penalty against a 

20 plan sponsor or health insurance issuer of not more 

21 than $110 per day for each failure to comply with 

22 such determination of such Secretary after 10 days 

23 after the date of the plan sponsor’s or issuer’s receipt 

24 of the determination.’’. 
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1 (6) AMENDMENTS RELATING TO SECTION 3001 OF

2 ARRA.— 

3 (A) Subsection (g) of section 35 of the Inter4 nal Revenue Code of 1986 is amended by strik5 ing ‘‘section 3002(a) of the Health Insurance As6 sistance for the Unemployed Act of 2009’’ and 

7 inserting ‘‘section 3001(a) of title III of division 

8 B of the American Recovery and Reinvestment 

9 Act of 2009’’. 

10 (B) Section 139C of such Code is amended 

11 by striking ‘‘section 3002 of the Health Insur12 ance Assistance for the Unemployed Act of 2009’’ 

13 and inserting ‘‘section 3001 of title III of divi14 sion B of the American Recovery and Reinvest15 ment Act of 2009’’. 

16 (C) Section 6432 of such Code is amend17 ed— 

18 (i) in subsection (a), by striking ‘‘sec19 tion 3002(a) of the Health Insurance Assist20 ance for the Unemployed Act of 2009’’ and 

21 inserting ‘‘section 3001(a) of title III of di22 vision B of the American Recovery and Re23 investment Act of 2009’’; 

24 (ii) in subsection (c)(3), by striking 

25 ‘‘section 3002(a)(1)(A) of such Act’’ in sub-
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1 section (c)(3) and inserting ‘‘section 

2 3001(a)(1)(A) of title III of division B of 

3 the American Recovery and Reinvestment 

4 Act of 2009’’; and 

5 (iii) by redesignating subsections (e) 

6 and (f) as subsections (f) and (g), respec7 tively, and inserting after subsection (d) the 

8 following new subsection:. 

9 ‘‘(e) EMPLOYER DETERMINATION OF QUALIFYING

10 EVENT AS INVOLUNTARY TERMINATION.—For purposes of 

11 this section, in any case in which— 

12 ‘‘(1) based on a reasonable interpretation of sec13 tion 3001(a)(3)(C) of division B of the American Re14 covery and Reinvestment Act of 2009 and adminis15 trative guidance thereunder, an employer determines 

16 that the qualifying event with respect to COBRA con17 tinuation coverage for an individual was involuntary 

18 termination of a covered employee’s employment, and 

19 ‘‘(2) the employer maintains supporting docu20 mentation of the determination, including an attesta21 tion by the employer of involuntary termination with 

22 respect to the covered employee, 

23 the qualifying event for the individual shall be deemed to 

24 be involuntary termination of the covered employee’s em25 ployment.’’. 
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1 (D) Subsection (a) of section 6720C of such 

2 Code is amended by striking ‘‘section 

3 3002(a)(2)(C) of the Health Insurance Assistance 

4 for the Unemployed Act of 2009’’ and inserting 

5 ‘‘section 3001(a)(2)(C) of title III of division B 

6 of the American Recovery and Reinvestment Act 

7 of 2009’’. 

8 (e) EFFECTIVE DATE.—The amendments made by this 

9 section shall take effect as if included in the provisions of 

10 section 3001 of division B of the American Recovery and 

11 Reinvestment Act of 2009 to which they relate, except 

12 that— 

13 (1) the amendments made by subsections (d)(2) 

14 and (d)(3) shall apply to periods of coverage begin15 ning after the date of the enactment of this Act; and 

16 (2) the amendment made by subsection (d)(5) 

17 shall take effect on the date of the enactment of this 

18 Act. 

19 EXTENSION OF RECOVERY ACT INCREASE IN FMAP

20 SEC. 3303. Section 5001 of the American Recovery and 

21 Reinvestment Act of 2009 (Public Law 111–5) is amend22 ed— 

23 (1) in subsection (a)(3), by striking ‘‘first cal24 endar quarter’’ and inserting ‘‘first 3 calendar quar25 ters’’; 
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1 (2) in subsection (b)(2), by inserting before the 

2 period at the end the following: ‘‘and such paragraph 

3 shall not apply to calendar quarters beginning on or 

4 after October 1, 2010’’; 

5 (3) in subsection (c)(4)(C)(ii), by striking ‘‘De6 cember 2009’’ and ‘‘January 2010’’ and inserting 

7 ‘‘June 2010’’ and ‘‘July 2010’’, respectively; 

8 (4) in subsection (d), by inserting ‘‘ending before 

9 October 1, 2010’’ after ‘‘entire fiscal years’’ and after 

10 ‘‘with respect to fiscal years’’; 

11 (5) in subsection (g)(1), by striking ‘‘September 

12 30, 2011’’ and inserting ‘‘March 31, 2012’’; and 

13 (6) in subsection (h)(3), by striking ‘‘December 

14 31, 2010’’ and inserting ‘‘June 30, 2011’’. 

15 REPEAL OF EARNED INCOME THRESHOLD FOR DETER16 MINING REFUNDABLE PORTION OF CHILD TAX CREDIT

17 SEC. 3304. (a) IN GENERAL.—Clause (i) of section 

18 24(d)(1)(B) of the Internal Revenue Code of 1986 is amend19 ed to read as follows: 

20 ‘‘(i) 15 percent of the taxpayer’s 

21 earned income (within the meaning of sec22 tion 32) which is taken into account in 

23 computing taxable income, or’’. 

24 (b) CONFORMING AMENDMENTS.—Subsection (d) of 

25 section 24 of such Code is amended— 

26 (1) by striking paragraph (3), and 
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1 (2) by striking paragraph (4). 

2 (c) EFFECTIVE DATE.—The amendments made by this 

3 section shall apply to taxable years beginning after Decem4 ber 31, 2009. 

5 (d) APPLICATION OF EGTRRA SUNSET.—The amend6 ments made by subsection (a) and (b)(1) shall be subject 

7 to title IX of the Economic Growth and Tax Relief Rec8 onciliation Act of 2001 in the same manner as the provision 

9 of such Act to which such amendment relates. 

10 HHS POVERTY GUIDELINES

11 SEC. 3305. Notwithstanding section 673(2) of the Om12 nibus Budget Reconciliation Act of 1981 (42 U.S.C. 

13 9902(2)) or any other provision of law, the poverty line for 

14 2010 issued by the Secretary of Health and Human Serv15 ices under such section 673(2) shall be not lower than the 

16 poverty line so issued on January 23, 2009 (74 Fed. Reg. 

17 14). This section shall have no effect on such Secretary’s 

18 revision of the poverty line for 2011. 

19 REFUNDS DISREGARDED IN THE ADMINISTRATION OF FED20 ERAL PROGRAMS AND FEDERALLY ASSISTED PRO21 GRAMS

22 SEC. 3306. (a) IN GENERAL.—Subchapter A of chapter 

23 65 of the Internal Revenue Code of 1986 is amended by 

24 adding at the end the following new section: 
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1 ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRA2 TION OF FEDERAL PROGRAMS AND FEDER3 ALLY ASSISTED PROGRAMS. 

4 ‘‘(a) IN GENERAL.—Notwithstanding any other provi5 sion of law, any refund (or advance payment with respect 

6 to a refundable credit) made to any individual under this 

7 title shall not be taken into account as income, and shall 

8 not be taken into account as resources for the month of re9 ceipt and the following 11 months, for purposes of deter10 mining the eligibility of such individual (or any other indi11 vidual) for benefits or assistance (or the amount or extent 

12 of benefits or assistance) under any Federal program or 

13 under any State or local program financed in whole or in 

14 part with Federal funds. 

15 ‘‘(b) TERMINATION.—Subsection (a) shall not apply to 

16 any amount received after December 31, 2010.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections for 

18 such subchapter is amended by adding at the end the fol19 lowing new item: 

‘‘Sec. 6409. Refunds disregarded in the administration of Federal programs and 

Federally assisted programs.’’. 

20 (c) EFFECTIVE DATE.—The amendment made by this 

21 section shall apply to amounts received after December 31, 

22 2009. 
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1 PERMANENT EXTENSION OF FEE WITHHOLDING PROCE2 DURES TO TITLE XVI AND TO QUALIFIED NON-ATTOR3 NEY REPRESENTATIVES

4 SEC. 3307. (a) PERMANENT EXTENSION OF ATTORNEY

5 FEE WITHHOLDING PROCEDURES TO TITLE XVI.— 

6 (1) IN GENERAL.—Section 302 of the Social Se7 curity Protection Act of 2004 (Public Law 108–203; 

8 118 Stat. 519) is amended— 

9 (A) in the section heading, by striking 

10 ‘‘TEMPORARY’’; and 

11 (B) in subsection (c), by striking ‘‘EFFEC12 TIVE DATE.—’’ and all that follows through ‘‘The 

13 amendments’’ and inserting ‘‘EFFECTIVE

14 DATE.—The amendments’’, and by striking 

15 paragraph (2). 

16 (2) CLERICAL AMENDMENT.—The item relating 

17 to section 302 in the table of contents in section 1(b) 

18 of such Act is amended by striking ‘‘Temporary ex19 tension’’ and inserting ‘‘Extension’’. 

20 (b) PERMANENT EXTENSION OF FEE WITHHOLDING

21 PROCEDURES TO QUALIFIED NON-ATTORNEY REPRESENTA22 TIVES.— 

23 (1) IN GENERAL.—Section 206 of the Social Se24 curity Act (42 U.S.C. 406) is amended by adding at 

25 the end the following new subsection: 
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1 ‘‘(e)(1) The Commissioner shall provide for the exten2 sion of the fee withholding procedures and assessment proce3 dures that apply under the preceding provisions of this sec4 tion to agents and other persons, other than attorneys, who 

5 represent claimants under this title before the Commis6 sioner. 

7 ‘‘(2) Fee-withholding procedures may be extended 

8 under paragraph (1) to any nonattorney representative 

9 only if such representative meets at least the following pre10 requisites: 

11 ‘‘(A) The representative has been awarded a 

12 bachelor’s degree from an accredited institution of 

13 higher education, or has been determined by the Com14 missioner to have equivalent qualifications derived 

15 from training and work experience. 

16 ‘‘(B) The representative has passed an examina17 tion, written and administered by the Commissioner, 

18 which tests knowledge of the relevant provisions of 

19 this Act and the most recent developments in agency 

20 and court decisions affecting this title and title XVI. 

21 ‘‘(C) The representative has secured professional 

22 liability insurance, or equivalent insurance, which the 

23 Commissioner has determined to be adequate to pro24 tect claimants in the event of malpractice by the rep25 resentative. 
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1 ‘‘(D) The representative has undergone a crimi2 nal background check to ensure the representative’s 

3 fitness to practice before the Commissioner. 

4 ‘‘(E) The representative demonstrates ongoing 

5 completion of qualified courses of continuing edu6 cation, including education regarding ethics and pro7 fessional conduct, which are designed to enhance pro8 fessional knowledge in matters related to entitlement 

9 to, or eligibility for, benefits based on disability under 

10 this title and title XVI. Such continuing education, 

11 and the instructors providing such education, shall 

12 meet such standards as the Commissioner may pre13 scribe. 

14 ‘‘(3)(A) The Commissioner may assess representatives 

15 reasonable fees to cover the cost to the Social Security Ad16 ministration of administering the prerequisites described in 

17 paragraph (2). 

18 ‘‘(B) Fees collected under subparagraph (A) shall be 

19 credited to the Federal Old-Age and Survivors Insurance 

20 Trust Fund and the Federal Disability Insurance Trust 

21 Fund, or deposited as miscellaneous receipts in the general 

22 fund of the Treasury, based on such allocations as the Com23 missioner determines appropriate. 

24 ‘‘(C) The fees authorized under this paragraph shall 

25 be collected and available for obligation only to the extent 
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1 and in the amount provided in advance in appropriations 

2 Acts. Amounts so appropriated are authorized to remain 

3 available until expended for administering the prerequisites 

4 described in paragraph (2).’’. 

5 (2) CONFORMING AMENDMENTS.— 

6 (A) Section 1631(d)(2)(A) of such Act (42 

7 U.S.C. 1383(d)(2)(A)) is amended— 

8 (i) in clause (iv), by striking ‘‘and’’ at 

9 the end; 

10 (ii) in clause (v), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

12 (iii) by adding at the end the following 

13 new clause: 

14 ‘‘(vi) by substituting, in subsection (e)(1)— 

15 ‘‘(I) ‘subparagraphs (B) and (C) of 

16 section 1631(d)(2)’ for ‘the preceding provi17 sions of this section’; and 

18 ‘‘(II) ‘title XVI’ for ‘this title’.’’. 

19 (B) Section 303(e)(2) of the Social Security 

20 Protection Act of 2004 (Public Law 108–203; 

21 118 Stat. 523) is amended by striking ‘‘AND

22 FINAL REPORT’’ in the heading and by striking 

23 the last sentence. 

24 (3) EFFECTIVE DATE.—The Commissioner of So25 cial Security shall provide for full implementation of 
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1 the provisions of section 206(e) of the Social Security 

2 Act (as added by paragraph (1)) and the amendments 

3 made by paragraph (2) not later than March 1, 2010. 

4 CHAPTER 4—GENERAL PROVISIONS, THIS TITLE 

5 EMERGENCY DESIGNATIONS

6 SEC. 3401. (a) IN GENERAL.—Each amount in this 

7 title is designated as an emergency requirement and nec8 essary to meet emergency needs pursuant to sections 403 

9 and 423(b) of S. Con. Res. 13 (111th Congress), the concur10 rent resolution on the budget for fiscal year 2010. 

11 (b) PAYGO.—All applicable provisions in this title 

12 are designated as an emergency for purposes of pay-as-you13 go principles. 

14 TITLE IV—GENERAL PROVISIONS, THIS ACT 

15 PERIOD OF AVAILABILITY

16 SEC. 4001. No part of any appropriation contained 

17 in this Act shall remain available for obligation beyond 

18 September 30, 2010, unless expressly so provided herein. 

19 BUY AMERICA

20 SEC. 4002. All funds provided under this Act shall be 

21 subject to the requirements of section 1605 of division A 

22 of the American Recovery and Reinvestment Act of 2009 

23 (Public Law 111–5). 

24 This divison may be cited as the ‘‘Jobs for Main Street 

25 Act, 2010’’. 
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1 DIVISION B—STATUTORY PAY2 AS-YOU-GO ACT OF 2009 

3 SEC. 101. SHORT TITLE. 

4 This division may be cited as the ‘‘Statutory Pay-As5 You-Go Act of 2009’’. 

6 SEC. 102. PURPOSE. 

7 The purpose of this division is to reestablish a statu8 tory procedure to enforce a rule of budget neutrality on new 

9 revenue and direct spending legislation. 

10 SEC. 103. DEFINITIONS. 

11 As used in this division— 

12 (1) The term ‘‘BBEDCA’’ means the Balanced 

13 Budget and Emergency Deficit Control Act of 1985. 

14 (2) The definitions set forth in section 3 of the 

15 Congressional Budget and Impoundment Control Act 

16 of 1974 and in section 250 of BBEDCA shall apply 

17 to this division, except to the extent that they are spe18 cifically modified as follows: 

19 (A) The term ‘‘outyear’’ means a fiscal year 

20 that occurs one or more years after the budget 

21 year. 

22 (B) In section 250(c)(8)(C), the reference to 

23 the food stamp program shall be deemed to be a 

24 reference to the Supplemental Nutrition Assist25 ance Program. 
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1 (3) The term ‘‘AMT’’ means the Alternative Min2 imum Tax for individuals under sections 55–59 of the 

3 Internal Revenue Code of 1986, the term ‘‘EGTRRA’’ 

4 means the Economic Growth and Tax Relief Rec5 onciliation Act of 2001 (Public Law 107–16), and the 

6 term ‘‘JGTRRA’’ means the Jobs and Growth Tax 

7 Relief and Reconciliation Act of 2003 (Public Law 

8 108–27). 

9 (4)(A) The term ‘‘budgetary effects’’ means the 

10 amounts by which PAYGO legislation changes direct 

11 spending or revenues relative to the baseline and shall 

12 be determined on the basis of estimates included by 

13 reference in the PAYGO Act or prepared under sec14 tion 104(d)(3), as applicable. Budgetary effects that 

15 increase direct spending or decrease revenues are 

16 termed ‘‘costs’’ and budgetary effects that increase 

17 revenues or decrease direct spending are termed ‘‘sav18 ings’’. 

19 (B) For purposes of these definitions, off-budget 

20 effects shall be counted as budgetary effects unless such 

21 changes flow directly from amendments to title II of 

22 the Social Security Act and related provisions of the 

23 Internal Revenue Code of 1986 and debt service effects 

24 shall not be counted as budgetary effects. 
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1 (C) Solely for purposes of recording entries on a 

2 PAYGO scorecard, provisions in appropriations Acts 

3 are also considered to be budgetary effects for purposes 

4 of this division if such provisions make outyear modi5 fications to substantive law, except that provisions for 

6 which the outlay effects net to zero over a period con7 sisting of the current year, the budget year, and the 

8 4 subsequent years shall not be considered budgetary 

9 effects. For purposes of this paragraph, the term, 

10 ‘‘modifications to substantive law’’ refers to changes 

11 to or restrictions on entitlement law or other manda12 tory spending contained in appropriations Acts, not13 withstanding section 250(c)(8) of BBEDCA. Provi14 sions in appropriations Acts that are neither outyear 

15 modifications to substantive law nor changes in reve16 nues have no budgetary effects for purposes of this di17 vision. 

18 (D) If a provision is designated as an emergency 

19 requirement under this division and is also des20 ignated as an emergency requirement under the ap21 plicable rules of the House of Representatives, CBO 

22 shall not include the cost of such a provision in its 

23 estimate of the PAYGO legislation’s budgetary effects. 

24 (5) The term ‘‘debit’’ refers to the net total 

25 amount, when positive, by which costs recorded on the 
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1 PAYGO scorecards for a fiscal year exceed savings re2 corded on those scorecards for that year. 

3 (6) The term ‘‘entitlement law’’ refers to a sec4 tion of law which provides entitlement authority. 

5 (7) The term ‘‘PAYGO legislation’’ or a 

6 ‘‘PAYGO Act’’ refers to a bill or joint resolution that 

7 affects direct spending or revenue relative to the base8 line. The budgetary effects of changes in revenues and 

9 outyear modifications to substantive law included in 

10 appropriation Acts as defined in paragraph (4) shall 

11 be treated as if they were contained in PAYGO legis12 lation. 

13 (8) The term ‘‘timing shift’’ refers to a delay of 

14 the date on which direct spending would otherwise 

15 occur from the ninth outyear to the tenth outyear or 

16 an acceleration of the date on which revenues would 

17 otherwise occur from the tenth outyear to the ninth 

18 outyear. 

19 SEC. 104. PAYGO ESTIMATES AND PAYGO SCORECARDS. 

20 (a) PAYGO ESTIMATES.—(1) A PAYGO Act shall in21 clude by reference an estimate of its budgetary effects as 

22 determined under section 308(a)(3) of the Congressional 

23 Budget Act of 1974, if timely submitted for printing in the 

24 Congressional Record by the chairs of the Committees on 

25 the Budget of the House of Representatives and the Senate, 
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1 as applicable, before the vote on the PAYGO legislation. The 

2 Clerk of the House or the Secretary of the Senate, as appli3 cable, shall also incorporate by reference such estimate 

4 printed in the relevant portion of the Congressional Record 

5 under section 308(a)(3) of the Congressional Budget Act of 

6 1974 into the enrollment of a PAYGO Act. Budgetary effects 

7 that are not so included shall be determined under section 

8 104(d)(3). 

9 (2)(A) Section 308(a) of the Congressional Budget Act 

10 of 1974 is amended by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) CBO PAYGO ESTIMATES.—Before a vote in 

13 either House on a PAYGO Act that, if determined in 

14 the affirmative, would clear such Act for enrollment, 

15 the chairs of the Committees on the Budget of the 

16 House and Senate, as applicable, shall request from 

17 the Director of the Congressional Budget Office an es18 timate of the budgetary effects of such Act under the 

19 Statutory Pay-As-You-Go Act of 2009. If such an esti20 mate is timely provided, the chairs of the Committees 

21 on the Budget of the House of Representatives and the 

22 Senate shall post such estimate on their respective 

23 committee websites and cause it to be printed in the 

24 Congressional Record under the heading ‘PAYGO ES25 TIMATE’. For purposes of this section, the Director 
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1 of the Congressional Budget Office shall not count 

2 timing shifts in his estimates of the budgetary effects 

3 of PAYGO legislation (as defined in section 103 of the 

4 Statutory Pay-As-You-Go Act of 2009).’’. 

5 (B) The side heading of section 308(a) of the Congres6 sional Budget Act of 1974 is amended by striking ‘‘RE7 PORTS ON’’. 

8 (b) Section 308 of the Congressional Budget Act of 

9 1974 is amended by adding at the end the following new 

10 subsection: 

11 ‘‘(d) SCOREKEEPING GUIDELINES.—The Director of 

12 the Congressional Budget Office shall provide estimates 

13 under this section in accordance with the scorekeeping 

14 guidelines determined under section 252(d)(5) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 Upon agreement, the chairs of the Committees on the Budget 

17 of the House of Representatives and the Senate shall submit 

18 updates to such guidelines for printing in the Congressional 

19 Record.’’. 

20 (c) CURRENT POLICY ADJUSTMENTS FOR CERTAIN

21 LEGISLATION.—For purposes of calculating budgetary ef22 fects under this division, CBO shall adjust its estimates as 

23 described below for any provision of legislation designated 

24 as meeting the criteria in subsection (b), (c), or (d) of sec25 tion 107 and which the chairman of the Committee on the 
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1 Budget of the House of Representatives or the Senate, as 

2 applicable, designates as meeting those criteria. A single 

3 piece of legislation may contain provisions designated as 

4 meeting criteria in more than one of the subsections listed 

5 above. For appropriately designated provisions, CBO shall 

6 exclude from its estimates for purposes of this division any 

7 costs of a provision to the extent that those costs, when com8 bined with all other excluded costs of any other previously 

9 designated provisions of enacted legislation under the same 

10 subsection of section 107, do not exceed the maximum appli11 cable current policy adjustment defined under the applica12 ble subsection of section 107 for the applicable 10-year pe13 riod, using the most recent baseline estimates supplied by 

14 the Congressional Budget Office consistent with section 257 

15 of the Balanced Budget and Emergency Deficit Control Act 

16 of 1985 used in considering a concurrent resolution on the 

17 budget; or, after the beginning of a new calendar year and 

18 before consideration of a concurrent resolution on the budg19 et, using the most recent baseline estimates supplied by the 

20 Congressional Budget Office consistent with section 257 of 

21 the Balanced Budget and Emergency Deficit Control Act 

22 of 1985. CBO estimates of legislation containing a current 

23 policy designation under this subsection shall include a sep24 arate presentation of costs excluded from the calculation of 

25 budgetary effects for the legislation, as well as an updated 
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1 total of all excluded costs of provisions within the same sub2 section of section 107. 

3 (d) OMB PAYGO SCORECARDS.— 

4 (1) IN GENERAL.—OMB shall maintain and 

5 make publicly available a continuously updated docu6 ment containing two PAYGO scorecards displaying 

7 the budgetary effects of PAYGO legislation as deter8 mined under section 308 of the Congressional Budget 

9 Act of 1974, applying the look-back requirement in 

10 subsection (e) and the averaging requirement in sub11 section (f), and a separate addendum displaying the 

12 estimates of the costs of provisions designated in stat13 ute as emergency requirements. 

14 (2) ESTIMATES IN LEGISLATION.—Except as pro15 vided in paragraph (3), in making the calculations 

16 for the PAYGO scorecards, OMB shall use the budg17 etary effects included by reference in the applicable 

18 legislation. 

19 (3) OMB ESTIMATES.—If legislation does not 

20 contain the estimate of budgetary effects under para21 graph (2), then OMB shall score the budgetary effects 

22 of that legislation upon its enactment, based on the 

23 approaches to scorekeeping set forth in this division. 

24 (4) 5-YEAR SCORECARD.—The first scorecard 

25 shall display the budgetary effects of PAYGO legisla-
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1 tion in each year over the 5-year period beginning in 

2 the budget year. 

3 (5) 10-YEAR SCORECARD.—The second scorecard 

4 shall display the budgetary effects of PAYGO legisla5 tion in each year over the 10-year period beginning 

6 in the budget year. 

7 (e) LOOK-BACK TO CAPTURE CURRENT-YEAR EF8 FECTS.—For purposes of this section, OMB shall treat the 

9 budgetary effects of PAYGO legislation enacted during a 

10 session of Congress that occur during the current year as 

11 though they occurred in the budget year. 

12 (f) AVERAGING USED TO MEASURE COMPLIANCE OVER

13 5-YEAR AND 10-YEAR PERIODS.—OMB shall cumulate the 

14 budgetary effects of a PAYGO Act over the budget year 

15 (which includes any look-back effects under subsection (e)) 

16 and— 

17 (1) for purposes of the 5-year scorecard referred 

18 to in subsection (d)(4), the four subsequent outyears, 

19 divide that cumulative total by five, and enter the 

20 quotient in the budget-year column and in each subse21 quent column of the 5-year PAYGO scorecard; and 

22 (2) for purposes of the 10-year scorecard referred 

23 to in subsection (d)(5), the nine subsequent outyears, 

24 divide that cumulative total by ten, and enter the 
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1 quotient in the budget-year column and in each subse2 quent column of the 10-year PAYGO scorecard. 

3 SEC. 105. ANNUAL REPORT AND SEQUESTRATION ORDER. 

4 (a) ANNUAL REPORT.—Not later than 14 days (exclud5 ing weekends and holidays) after Congress adjourns to end 

6 a session, OMB shall make publicly available and cause to 

7 be printed in the Federal Register an annual PAYGO re8 port. The report shall include an up-to-date document con9 taining the PAYGO scorecards, a description of any current 

10 policy adjustments made under section 104(c), information 

11 about emergency legislation (if any) designated under sec12 tion 103(4)(D), information about any sequestration if re13 quired by subsection (b), and other data and explanations 

14 that enhance public understanding of this division and ac15 tions taken under it. 

16 (b) SEQUESTRATION ORDER.—If the annual report 

17 issued at the end of a session of Congress under subsection 

18 (a) shows a debit on either PAYGO scorecard for the budget 

19 year, OMB shall prepare and the President shall issue and 

20 include in that report a sequestration order that, upon 

21 issuance, shall reduce budgetary resources of direct spending 

22 programs by enough to offset that debit as prescribed in 

23 section 106. If there is a debit on both scorecards, the order 

24 shall fully offset the larger of the two debits. OMB shall 

25 include that order in the annual report and transmit it 
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1 to the House of Representatives and the Senate. If the Presi2 dent issues a sequestration order, the annual report shall 

3 contain, for each budget account to be sequestered, estimates 

4 of the baseline level of budgetary resources subject to seques5 tration, the amount of budgetary resources to be sequestered, 

6 and the outlay reductions that will occur in the budget year 

7 and the subsequent fiscal year because of that sequestration. 

8 SEC. 106. CALCULATING A SEQUESTRATION. 

9 (a) REDUCING NONEXEMPT BUDGETARY RESOURCES

10 BY A UNIFORM PERCENTAGE.—OMB shall calculate the 

11 uniform percentage by which the budgetary resources of 

12 nonexempt direct spending programs are to be sequestered 

13 such that the outlay savings resulting from that sequestra14 tion, as calculated under subsection (b), shall offset the 

15 budget-year debit, if any on the applicable PAYGO score16 card. If the uniform percentage calculated under the prior 

17 sentence exceeds 4 percent, the Medicare programs described 

18 in section 256(d) of BBEDCA shall be reduced by 4 percent 

19 and the uniform percentage by which the budgetary re20 sources of all other nonexempt direct spending programs are 

21 to be sequestered shall be increased, as necessary, so that 

22 the sequestration of Medicare and of all other nonexempt 

23 direct spending programs together produce the required out24 lay savings. 
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1 (b) OUTLAY SAVINGS.—In determining the amount by 

2 which a sequestration offsets a budget-year debit, OMB shall 

3 count— 

4 (1) the amount by which the sequestration in a 

5 crop year of crop support payments, pursuant to sec6 tion 256(j) of BBEDCA, reduces outlays in the budget 

7 year and the subsequent fiscal year; 

8 (2) the amount by which the sequestration of 

9 Medicare payments in the 12-month period following 

10 the sequestration order, pursuant to section 256(d) of 

11 BBEDCA, reduces outlays in the budget year and the 

12 subsequent fiscal year; and 

13 (3) the amount by which the sequestration in the 

14 budget year of the budgetary resources of other non15 exempt mandatory programs reduces outlays in the 

16 budget year and in the subsequent fiscal year. 

17 SEC. 107. CURRENT POLICY ADJUSTMENT TO THE CBO ES18 TIMATES. 

19 (a) PURPOSE.—The purpose of this section is to pro20 vide for adjustments of estimates of budgetary effects of 

21 PAYGO legislation for legislation affecting four areas of the 

22 budget— 

23 (1) payments made under section 1848 of the So24 cial Security Act (titled Payment for Physicians’ 

25 Services); 
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1 (2) the Estate and Gift Tax under subtitle B of 

2 the Internal Revenue Code of 1986; 

3 (3) the AMT; and 

4 (4) provisions of EGTRRA or JGTRRA that 

5 amended the Internal Revenue Code of 1986 (or pro6 visions in later statutes further amending the amend7 ments made by EGTRRA or JGTRRA), other than— 

8 (A) the provisions of those two Acts that 

9 were made permanent by the Pension Protection 

10 Act of 2006 (Public Law 109–280); 

11 (B) amendments to the estate and gift tax 

12 referred to in paragraph (2); 

13 (C) the AMT referred to in paragraph (3); 

14 (D) the 35 percent bracket and that portion 

15 of the 33 percent bracket that applies to taxable 

16 income greater than $200,000 for an individual 

17 and $250,000 for a couple; and 

18 (E) provisions in those two Acts relating to 

19 taxes rates on capital gains and dividends. 

20 (b) MEDICARE PAYMENTS TO PHYSICIANS.— 

21 (1) CRITERIA.—Legislation that includes provi22 sions amending or superseding the system of pay23 ments under section 1848 of the Social Security Act 

24 shall trigger the current policy adjustment required 

25 by this division. 
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1 (2) ADJUSTMENT.—The amount of the maximum 

2 current policy adjustment shall be the difference be3 tween— 

4 (A) estimated net outlays attributable to the 

5 payments made to physicians under that section 

6 of the Social Security Act (as scheduled on July 

7 15, 2009, to be in effect); and 

8 (B) what those net outlays would have been 

9 if the nominal payment rates and related pa10 rameters in effect for 2009 had been in effect 

11 thereafter without change. 

12 (c) ESTATE AND GIFT TAX.— 

13 (1) CRITERIA.—Legislation that includes provi14 sions amending the Estate and Gift Tax under sub15 title B of the Internal Revenue Code of 1986 shall 

16 trigger the current policy adjustment required by this 

17 division. 

18 (2) ADJUSTMENT.—The amount of the maximum 

19 current policy adjustment shall be the difference be20 tween— 

21 (A) total revenues projected to be collected 

22 under the Internal Revenue Code of 1986 (as 

23 scheduled on July 15, 2009, to be in effect); and 

24 (B) what those revenue collections would 

25 have been if, on the date of enactment of the leg-
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1 islation meeting the criteria in paragraph (1), 

2 estate and gift tax law had instead been amend3 ed so that the tax rates, nominal exemption 

4 amounts, and related parameters in effect for tax 

5 year 2009 had remained in effect thereafter with6 out change. 

7 (d) PERMANENT EXTENSION OF MIDDLE-CLASS TAX

8 CUTS AND AMT RELIEF.— 

9 (1) CRITERIA.—Legislation that includes provi10 sions extending middle-class tax cuts or AMT relief 

11 shall trigger the current policy adjustment required 

12 by this division if those provisions extend one or more 

13 of the following provisions— 

14 (A) AMT relief for calendar year 2010 and 

15 subsequent years in such a manner that the 

16 number of AMT taxpayers is not estimated to ex17 ceed the number of AMT taxpayers in tax year 

18 2008 in any year through the tenth year after 

19 enactment; 

20 (B) the 10 percent bracket as in effect for 

21 tax year 2010, as provided for under section 

22 101(a) of the Economic Growth and Tax Relief 

23 Reconciliation Act of 2001 and any later amend24 ments through July 15, 2009; 
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1 (C) the child tax credit as in effect for tax 

2 year 2010, as provided for under section 201 of 

3 the Economic Growth and Tax Relief Reconcili4 ation Act and any later amendments through 

5 July 15, 2009; 

6 (D) tax benefits for married couples as in 

7 effect for tax year 2010, as provided for under 

8 title III of the Economic Growth and Tax Relief 

9 Reconciliation Act and any later amendments 

10 through July 15, 2009; 

11 (E) the adoption credit as in effect in tax 

12 year 2010, as provided for under section 202 of 

13 the Economic Growth and Tax Relief Reconcili14 ation Act of 2001 and any later amendments 

15 through July 15, 2009; 

16 (F) the dependent care credit as in effect in 

17 tax year 2010, as provided for under section 204 

18 of the Economic Growth and Tax Relief Rec19 onciliation Act of 2001 and any later amend20 ments through July 15, 2009; 

21 (G) the employer-provided child care credit 

22 as in effect in tax year 2010, as provided for 

23 under section 205 of the Economic Growth and 

24 Tax Relief Reconciliation Act of 2001 and any 

25 later amendments through July 15, 2009; 
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1 (H) the education tax benefits as in effect in 

2 tax year 2010, as provided for under title IV of 

3 the Economic Growth and Tax Relief Reconcili4 ation Act of 2001 and any later amendments 

5 through July 15, 2009; 

6 (I) the 25 and 28 percent brackets as in ef7 fect for tax year 2010, as provided for under sec8 tion 101(a) of the Economic Growth and Tax 

9 Relief Reconciliation Act of 2001 and any later 

10 amendments through July 15, 2009; and 

11 (J) the 33 percent brackets as in effect for 

12 tax year 2010, as provided for under section 

13 101(a) of the Economic Growth and Tax Relief 

14 Reconciliation Act of 2001 and any later amend15 ment affecting taxpayers with taxable income of 

16 $200,000 or less for individuals and $250,000 or 

17 less for couples in calendar year 2010 and in18 creased in each subsequent year by an amount 

19 equal to the cost of living adjustment determined 

20 under section 1(f)(3) of the Internal Revenue 

21 Code of 1986 for the calendar year in which the 

22 taxable year begins, determined by substituting 

23 ‘‘calendar year 2008’’ for ‘‘calendar year 1992’’ 

24 in subparagraph (B) thereof. 
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1 (2) ADJUSTMENT.—The amount of the maximum 

2 current policy adjustment shall be the difference be3 tween what total revenues would have been under the 

4 Internal Revenue Code of 1986 (as scheduled on July 

5 15, 2009, to be in effect) and what revenues would be 

6 if legislation— 

7 (A) permanently extending the AMT exemp8 tion and brackets in effect in tax year 2009 but 

9 increased in tax year 2010 and each subsequent 

10 tax year as indicated under subsection (d)(2)(B), 

11 along with any additional amount necessary to 

12 prevent the number of taxpayers who must pay 

13 AMT from increasing; and 

14 (B) permanently extending the provisions 

15 identified in paragraph (1), 

16 were enacted on the same day as the legislation re17 ferred to in paragraph (1). 

18 SEC. 108. APPLICATION OF BBEDCA. 

19 For purposes of this division— 

20 (1) notwithstanding section 275 of BBEDCA, the 

21 provisions of sections 255, 256, 257, and 274 of 

22 BBEDCA, as amended by this division, shall apply 

23 to the provisions of this division; 
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1 (2) references in sections 255, 256, 257, and 274 

2 to ‘‘this part’’ or ‘‘this title’’ shall be interpreted as 

3 applying to this division; 

4 (3) references in sections 255, 256, 257, and 274 

5 of BBEDCA to ‘‘section 254’’ shall be interpreted as 

6 referencing section 105 of this division; 

7 (4) the reference in section 256(b) of BBEDCA 

8 to ‘‘section 252 or 253’’ shall be interpreted as ref9 erencing section 105 of this division; 

10 (5) the reference in section 256(d)(1) of 

11 BBEDCA to ‘‘section 252 or 253’’ shall be interpreted 

12 as referencing section 106 of this division; 

13 (6) the reference in section 256(d)(4) of 

14 BBEDCA to ‘‘section 252 or 253’’ shall be interpreted 

15 as referencing section 105 of this division; 

16 (7) section 256(k) of BBEDCA shall apply to a 

17 sequestration, if any, under this division; and 

18 (8) references in section 257(e) of BBEDCA to 

19 ‘‘section 251, 252, or 253’’ shall be interpreted as ref20 erencing section 104 of this division. 

21 SEC. 109. TECHNICAL CORRECTIONS. 

22 (a) Section 250(c)(18) of BBEDCA is amended by 

23 striking ‘‘the expenses the Federal deposit insurance agen24 cies’’ and inserting ‘‘the expenses of the Federal deposit in25 surance agencies’’. 
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1 (b) Section 256(k)(1) of BBEDCA is amended by strik2 ing ‘‘in paragraph (5)’’ and inserting ‘‘in paragraph (6)’’. 

3 SEC. 110. CONFORMING AMENDMENTS. 

4 (a) Section 256(a) of BBEDCA is repealed. 

5 (b) Section 256(b) of BBEDCA is amended by striking 

6 ‘‘origination fees under sections 438(c)(2) and 455(c) of 

7 that Act shall each be increased by 0.50 percentage point.’’ 

8 and inserting in lieu thereof ‘‘origination fees under sec9 tions 438(c)(2) and (6) and 455(c) and loan processing and 

10 issuance fees under section 428(f)(1)(A)(ii) of that Act shall 

11 each be increased by the uniform percentage specified in 

12 that sequestration order, and, for student loans originated 

13 during the period of the sequestration, special allowance 

14 payments under section 438(b) of that Act accruing during 

15 the period of the sequestration shall be reduced by the uni16 form percentage specified in that sequestration order.’’. 

17 (c) Section 256(c) of BBEDCA is repealed. 

18 (d) Section 256(d) of BBEDCA is amended— 

19 (1) by redesignating paragraphs (2), (3), and (4) 

20 as paragraphs (3), (5), and (6); 

21 (2) by amending paragraph (1) to read as fol22 lows: 

23 ‘‘(1) CALCULATION OF REDUCTION IN PAYMENT

24 AMOUNTS.—To achieve the total percentage reduction 

25 in those programs required by section 252 or 253, 
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1 subject to paragraph (2), and notwithstanding section 

2 710 of the Social Security Act, OMB shall determine, 

3 and the applicable Presidential order under section 

4 254 shall implement, the percentage reduction that 

5 shall apply, with respect to the health insurance pro6 grams under title XVIII of the Social Security Act— 

7 ‘‘(A) in the case of parts A and B of such 

8 title, to individual payments for services fur9 nished during the one-year period beginning on 

10 the first day of the first month beginning after 

11 the date the order is issued (or, if later, the date 

12 specified in paragraph (4)); and 

13 ‘‘(B) in the case of parts C and D, to 

14 monthly payments under contracts under such 

15 parts for the same one-year period; 

16 such that the reduction made in payments under that 

17 order shall achieve the required total percentage re18 duction in those payments for that period.’’; 

19 (3) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) UNIFORM REDUCTION RATE; MAXIMUM PER22 MISSIBLE REDUCTION.—Reductions in payments for 

23 programs and activities under such title XVIII pursu24 ant to a sequestration order under section 254 shall 

25 be at a uniform rate, which shall not exceed 4 per-
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1 cent, across all such programs and activities subject 

2 to such order.’’; 

3 (4) by inserting after paragraph (3), as redesig4 nated, the following: 

5 ‘‘(4) TIMING OF SUBSEQUENT SEQUESTRATION

6 ORDER.—A sequestration order required by section 

7 252 or 253 with respect to programs under such title 

8 XVIII shall not take effect until the first month begin9 ning after the end of the effective period of any prior 

10 sequestration order with respect to such programs, as 

11 determined in accordance with paragraph (1).’’; 

12 (5) in paragraph (6), as redesignated, to read as 

13 follows: 

14 ‘‘(6) SEQUESTRATION DISREGARDED IN COM15 PUTING PAYMENT AMOUNTS.—The Secretary of Health 

16 and Human Services shall not take into account any 

17 reductions in payment amounts which have been or 

18 may be effected under this part, for purposes of com19 puting any adjustments to payment rates under such 

20 title XVIII, specifically including— 

21 ‘‘(A) the part C growth percentage under 

22 section 1853(c)(6); 

23 ‘‘(B) the part D annual growth rate under 

24 section 1860D–2(b)(6); and 
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1 ‘‘(C) application of risk corridors to part D 

2 payment rates under section 1860D–15(e).’’; and 

3 (6) by adding after paragraph (6), as redesig4 nated, the following: 

5 ‘‘(7) EXEMPTIONS FROM SEQUESTRATION.—In 

6 addition to the programs and activities specified in 

7 section 255, the following shall be exempt from seques8 tration under this part: 

9 ‘‘(A) PART D LOW-INCOME SUBSIDIES.— 

10 Premium and cost-sharing subsidies under sec11 tion 1860D–14 of the Social Security Act. 

12 ‘‘(B) PART D CATASTROPHIC SUBSIDY.— 

13 Payments under section 1860D–15(b) and 

14 (e)(2)(B) of the Social Security Act. 

15 ‘‘(C) QUALIFIED INDIVIDUAL (QI) PRE16 MIUMS.—Payments to States for coverage of 

17 Medicare cost-sharing for certain low-income 

18 Medicare beneficiaries under section 1933 of the 

19 Social Security Act.’’. 

20 SEC. 111. EXEMPT PROGRAMS AND ACTIVITIES. 

21 (a) DESIGNATIONS.—Section 255 of BBEDCA is 

22 amended by redesignating subsection (i) as (j) and striking 

23 ‘‘1998’’ and inserting in lieu thereof ‘‘2010’’. 
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1 (b) SOCIAL SECURITY, VETERANS PROGRAMS, NET IN2 TEREST, AND TAX CREDITS.—Subsections (a) through (d) 

3 of section 255 of BBEDCA are amended to read as follows: 

4 ‘‘(a) SOCIAL SECURITY BENEFITS AND TIER I RAIL5 ROAD RETIREMENT BENEFITS.—Benefits payable under the 

6 old-age, survivors, and disability insurance program estab7 lished under title II of the Social Security Act (42 U.S.C. 

8 401 et seq.), and benefits payable under section 231b(a), 

9 231b(f)(2), 231c(a), and 231c(f) of title 45, United States 

10 Code, shall be exempt from reduction under any order 

11 issued under this part. 

12 ‘‘(b) VETERANS PROGRAMS.—The following program 

13 shall be exempt from reduction under any order issued 

14 under this part— 

15 ‘‘All programs administered by the Department 

16 of Veterans Affairs. 

17 ‘‘Special Benefits for Certain World War II Vet18 erans (28–0401–0–1–701). 

19 ‘‘(c) NET INTEREST.—No reduction of payments for 

20 net interest (all of major functional category 900) shall be 

21 made under any order issued under this part. 

22 ‘‘(d) REFUNDABLE INCOME TAX CREDITS.—Payments 

23 to individuals made pursuant to provisions of the Internal 

24 Revenue Code of 1986 establishing refundable tax credits 
144 

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1 shall be exempt from reduction under any order issued 

2 under this part.’’. 

3 (c) OTHER PROGRAMS AND ACTIVITIES, LOW-INCOME

4 PROGRAMS, AND ECONOMIC RECOVERY PROGRAMS.—Sub5 sections (g) and (h) of section 255 of BBEDCA are amended 

6 to read as follows: 

7 ‘‘(g) OTHER PROGRAMS AND ACTIVITIES.— 

8 ‘‘(1)(A) The following budget accounts and ac9 tivities shall be exempt from reduction under any 

10 order issued under this part: 

11 ‘‘Activities resulting from private donations, 

12 bequests, or voluntary contributions to the Gov13 ernment. 

14 ‘‘Activities financed by voluntary payments 

15 to the Government for goods or services to be pro16 vided for such payments. 

17 ‘‘Administration of Territories, Northern 

18 Mariana Islands Covenant grants (14–0412–0– 

19 1–808). 

20 ‘‘Advances to the Unemployment Trust 

21 Fund and Other Funds (16–0327–0–1–600). 

22 ‘‘Black Lung Disability Trust Fund Refi23 nancing (16–0329–0–1–601). 

24 ‘‘Bonneville Power Administration Fund 

25 and borrowing authority established pursuant to 
145 

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1 section 13 of Public Law 93–454 (1974), as 

2 amended (89–4045–0–3–271). 

3 ‘‘Claims, Judgments, and Relief Acts (20– 

4 1895–0–1–808). 

5 ‘‘Compact of Free Association (14–0415–0– 

6 1–808). 

7 ‘‘Compensation of the President (11–0209– 

8 01–1–802). 

9 ‘‘Comptroller of the Currency, Assessment 

10 Funds (20–8413–0–8–373). 

11 ‘‘Continuing Fund, Southeastern Power Ad12 ministration (89–5653–0–2–271). 

13 ‘‘Continuing Fund, Southwestern Power 

14 Administration (89–5649–0–2–271). 

15 ‘‘Dual Benefits Payments Account (60– 

16 0111–0–1–601). 

17 ‘‘Emergency Fund, Western Area Power Ad18 ministration (89–5069–0–2–271). 

19 ‘‘Exchange Stabilization Fund (20–4444–0– 

20 3–155). 

21 ‘‘Federal Deposit Insurance Corporation, 

22 Deposit Insurance Fund (51–4596–4–4–373). 

23 ‘‘Federal Deposit Insurance Corporation, 

24 FSLIC Resolution Fund (51–4065–0–3–373). 
146 

•HR 2847 EAH 

1 ‘‘Federal Deposit Insurance Corporation, 

2 Noninterest Bearing Transaction Account Guar3 antee (51–4458–0–3–373). 

4 ‘‘Federal Deposit Insurance Corporation, 

5 Senior Unsecured Debt Guarantee (51–4457–0– 

6 3–373). 

7 ‘‘Federal Housing Finance Agency, Admin8 istrative Expenses (95–5532–0–2–371). 

9 ‘‘Federal Payment to the District of Colum10 bia Judicial Retirement and Survivors Annuity 

11 Fund (20–1713–0–1–752). 

12 ‘‘Federal Payment to the District of Colum13 bia Pension Fund (20–1714–0–1–601). 

14 ‘‘Federal Payments to the Railroad Retire15 ment Accounts (60–0113–0–1–601). 

16 ‘‘Federal Reserve Bank Reimbursement 

17 Fund (20–1884–0–1–803). 

18 ‘‘Financial Agent Services (20–1802–0–1– 

19 803). 

20 ‘‘Foreign Military Sales Trust Fund (11– 

21 8242–0–7–155). 

22 ‘‘Hazardous Waste Management, Conserva23 tion Reserve Program (12–4336–0–3–999). 

24 ‘‘Host Nation Support Fund for Relocation 

25 (97–8337–0–7–051). 
147 

•HR 2847 EAH 

1 ‘‘Internal Revenue Collections for Puerto 

2 Rico (20–5737–0–2–806). 

3 ‘‘Intragovernmental funds, including those 

4 from which the outlays are derived primarily 

5 from resources paid in from other government 

6 accounts, except to the extent such funds are aug7 mented by direct appropriations for the fiscal 

8 year during which an order is in effect. 

9 ‘‘Medical Facilities Guarantee and Loan 

10 Fund (75–9931–0–3–551). 

11 ‘‘National Credit Union Administration, 

12 Central Liquidity Facility (25–4470–0–3–373). 

13 ‘‘National Credit Union Administration, 

14 Corporate Credit Union Share Guarantee Pro15 gram (25–4476–0–3–376). 

16 ‘‘National Credit Union Administration, 

17 Credit Union Homeowners Affordability Relief 

18 Program (25–4473–0–3–371). 

19 ‘‘National Credit Union Administration, 

20 Credit Union Share Insurance Fund (25–4468– 

21 0–3–373). 

22 ‘‘National Credit Union Administration, 

23 Credit Union System Investment Program (25– 

24 4474–0–3–376). 
148 

•HR 2847 EAH 

1 ‘‘National Credit Union Administration, 

2 Operating fund (25–4056–0–3–373). 

3 ‘‘National Credit Union Administration, 

4 Share Insurance Fund Corporate Debt Guar5 antee Program (25–4469–0–3–376). 

6 ‘‘National Credit Union Administration, 

7 U.S. Central Federal Credit Union Capital Pro8 gram (25–4475–0–3–376). 

9 ‘‘Office of Thrift Supervision (20–4108–0– 

10 3–373). 

11 ‘‘Panama Canal Commission Compensation 

12 Fund (16–5155–0–2–602). 

13 ‘‘Payment of Vietnam and USS Pueblo 

14 prisoner-of-war claims within the Salaries and 

15 Expenses, Foreign Claims Settlement account 

16 (15–0100–0–1–153). 

17 ‘‘Payment to Civil Service Retirement and 

18 Disability Fund (24–0200–0–1–805). 

19 ‘‘Payment to Department of Defense Medi20 care-Eligible Retiree Health Care Fund (97– 

21 0850–0–1–054). 

22 ‘‘Payment to Judiciary Trust Funds (10– 

23 0941–0–1–752). 

24 ‘‘Payment to Military Retirement Fund 

25 (97–0040–0–1–054). 
149 

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1 ‘‘Payment to the Foreign Service Retire2 ment and Disability Fund (19–0540–0–1–153). 

3 ‘‘Payments to Copyright Owners (03–5175– 

4 0–2–376). 

5 ‘‘Payments to Health Care Trust Funds 

6 (75–0580–0–1–571). 

7 ‘‘Payment to Radiation Exposure Com8 pensation Trust Fund (15–0333–0–1–054). 

9 ‘‘Payments to Social Security Trust Funds 

10 (28–0404–0–1–651). 

11 ‘‘Payments to the United States Territories, 

12 Fiscal Assistance (14–0418–0–1–806). 

13 ‘‘Payments to trust funds from excise taxes 

14 or other receipts properly creditable to such trust 

15 funds. 

16 ‘‘Payments to widows and heirs of deceased 

17 Members of Congress (00–0215–0–1–801). 

18 ‘‘Postal Service Fund (18–4020–0–3–372). 

19 ‘‘Radiation Exposure Compensation Trust 

20 Fund (15–8116–0–1–054). 

21 ‘‘Reimbursement to Federal Reserve Banks 

22 (20–0562–0–1–803). 

23 ‘‘Salaries of Article III judges. 

24 ‘‘Soldiers and Airmen’s Home, payment of 

25 claims (84–8930–0–7–705). 
150 

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1 ‘‘Tennessee Valley Authority Fund, except 

2 nonpower programs and activities (64–4110–0– 

3 3–999). 

4 ‘‘Tribal and Indian trust accounts within 

5 the Department of the Interior which fund prior 

6 legal obligations of the Government or which are 

7 established pursuant to Acts of Congress regard8 ing Federal management of tribal real property 

9 or other fiduciary responsibilities, including but 

10 not limited to Tribal Special Fund (14–5265–0– 

11 2–452), Tribal Trust Fund (14–8030–0–7–452), 

12 White Earth Settlement (14–2204–0–1–452), and 

13 Indian Water Rights and Habitat Acquisition 

14 (14–5505–0–2–303). 

15 ‘‘United Mine Workers of America 1992 

16 Benefit Plan (95–8260–0–7–551). 

17 ‘‘United Mine Workers of America 1993 

18 Benefit Plan (95–8535–0–7–551). 

19 ‘‘United Mine Workers of America Com20 bined Benefit Fund (95–8295–0–7–551). 

21 ‘‘United States Enrichment Corporation 

22 Fund (95–4054–0–3–271). 

23 ‘‘Universal Service Fund (27–5183–0–2– 

24 376). 
151 

•HR 2847 EAH 

1 ‘‘Vaccine Injury Compensation (75–0320– 

2 0–1–551). 

3 ‘‘Vaccine Injury Compensation Program 

4 Trust Fund (20–8175–0–7–551). 

5 ‘‘(B) The following Federal retirement and dis6 ability accounts and activities shall be exempt from 

7 reduction under any order issued under this part: 

8 ‘‘Black Lung Disability Trust Fund (20– 

9 8144–0–7–601). 

10 ‘‘Central Intelligence Agency Retirement 

11 and Disability System Fund (56–3400–0–1– 

12 054). 

13 ‘‘Civil Service Retirement and Disability 

14 Fund (24–8135–0–7–602). 

15 ‘‘Comptrollers general retirement system 

16 (05–0107–0–1–801). 

17 ‘‘Contributions to U.S. Park Police annuity 

18 benefits, Other Permanent Appropriations (14– 

19 9924–0–2–303). 

20 ‘‘Court of Appeals for Veterans Claims Re21 tirement Fund (95–8290–0–7–705). 

22 ‘‘Department of Defense Medicare-Eligible 

23 Retiree Health Care Fund (97–5472–0–2–551). 

24 ‘‘District of Columbia Federal Pension 

25 Fund (20–5511–0–2–601). 
152 

•HR 2847 EAH 

1 ‘‘District of Columbia Judicial Retirement 

2 and Survivors Annuity Fund (20–8212–0–7– 

3 602). 

4 ‘‘Energy Employees Occupational Illness 

5 Compensation Fund (16–1523–0–1–053). 

6 ‘‘Foreign National Employees Separation 

7 Pay (97–8165–0–7–051). 

8 ‘‘Foreign Service National Defined Con9 tributions Retirement Fund (19–5497–0–2–602). 

10 ‘‘Foreign Service National Separation Li11 ability Trust Fund (19–8340–0–7–602). 

12 ‘‘Foreign Service Retirement and Disability 

13 Fund(19–8186–0–7–602). 

14 ‘‘Government Payment for Annuitants, Em15 ployees Health Benefits (24–0206–0–1–551). 

16 ‘‘Government Payment for Annuitants, Em17 ployee Life Insurance (24–0500–0–1–602). 

18 ‘‘Judicial Officers’ Retirement Fund (10– 

19 8122–0–7–602). 

20 ‘‘Judicial Survivors’ Annuities Fund (10– 

21 8110–0–7–602). 

22 ‘‘Military Retirement Fund (97–8097–0–7– 

23 602). 

24 ‘‘National Railroad Retirement Investment 

25 Trust (60–8118–0–7–601). 
153 

•HR 2847 EAH 

1 ‘‘National Oceanic and Atmospheric Ad2 ministration retirement (13–1450–0–1–306). 

3 ‘‘Pensions for former Presidents (47–0105– 

4 0–1–802). 

5 ‘‘Postal Service Retiree Health Benefits 

6 Fund (24–5391–0–2–551). 

7 ‘‘Public Safety Officer Benefits (15–0403– 

8 0–1–754). 

9 ‘‘Rail Industry Pension Fund (60–8011–0– 

10 7–601). 

11 ‘‘Retired Pay, Coast Guard (70–0602–0–1– 

12 403). 

13 ‘‘Retirement Pay and Medical Benefits for 

14 Commissioned Officers, Public Health Service 

15 (75–0379–0–1–551). 

16 ‘‘Special Benefits for Disabled Coal Miners 

17 (16–0169–0–1–601). 

18 ‘‘Special Benefits, Federal Employees’ Com19 pensation Act (16–1521–0–1–600). 

20 ‘‘Special Workers Compensation Expenses 

21 (16–9971–0–7–601). 

22 ‘‘Tax Court Judges Survivors Annuity 

23 Fund (23–8115–0–7–602). 

24 ‘‘United States Court of Federal Claims 

25 Judges’ Retirement Fund (10–8124–0–7–602). 
154 

•HR 2847 EAH 

1 ‘‘United States Secret Service, DC Annuity 

2 (70–0400–0–1–751). 

3 ‘‘Voluntary Separation Incentive Fund (97– 

4 8335–0–7–051). 

5 ‘‘(2) Prior legal obligations of the Government in 

6 the following budget accounts and activities shall be 

7 exempt from any order issued under this part: 

8 ‘‘Biomass Energy Development (20–0114– 

9 0–1–271). 

10 ‘‘Check Forgery Insurance Fund (20–4109– 

11 0–3–803). 

12 ‘‘Credit liquidating accounts. 

13 ‘‘Credit reestimates. 

14 ‘‘Employees Life Insurance Fund (24– 

15 8424–0–8–602). 

16 ‘‘Federal Aviation Insurance Revolving 

17 Fund (69–4120–0–3–402). 

18 ‘‘Federal Crop Insurance Corporation Fund 

19 (12–4085–0–3–351). 

20 ‘‘Federal Emergency Management Agency, 

21 National Flood Insurance Fund (58–4236–0–3– 

22 453). 

23 ‘‘Federal Home Loan Mortgage Corporation 

24 (Freddie Mac). 
155 

•HR 2847 EAH 

1 ‘‘Federal National Mortgage Corporation 

2 (Fannie Mae). 

3 ‘‘Geothermal resources development fund 

4 (89–0206–0–1–271). 

5 ‘‘Low-Rent Public Housing—Loans and 

6 Other Expenses (86–4098–0–3–604). 

7 ‘‘Maritime Administration, War Risk In8 surance Revolving Fund (69–4302–0–3–403). 

9 ‘‘Natural Resource Damage Assessment 

10 Fund (14–1618–0–1–302). 

11 ‘‘Overseas Private Investment Corporation, 

12 Noncredit Account (71–4184–0–3–151). 

13 ‘‘Pension Benefit Guaranty Corporation 

14 Fund (16–4204–0–3–601). 

15 ‘‘San Joaquin Restoration Fund (14–5537– 

16 0–2–301). 

17 ‘‘Servicemembers’ Group Life Insurance 

18 Fund (36–4009–0–3–701). 

19 ‘‘Terrorism Insurance Program (20–0123– 

20 0–1–376). 

21 ‘‘(h) LOW-INCOME PROGRAMS.—The following pro22 grams shall be exempt from reduction under any order 

23 issued under this part: 

24 ‘‘Academic Competitiveness/Smart Grant Pro25 gram (91–0205–0–1–502). 
156 

•HR 2847 EAH 

1 ‘‘Child Care Entitlement to States (75–1550–0– 

2 1–609). 

3 ‘‘Child Enrollment Contingency Fund (75–5551– 

4 0–2–551). 

5 ‘‘Child Nutrition Programs (with the exception 

6 of special milk programs) (12–3539–0–1–605). 

7 ‘‘Children’s Health Insurance Fund (75–0515–0– 

8 1–551). 

9 ‘‘Commodity Supplemental Food Program (12– 

10 3507–0–1–605). 

11 ‘‘Contingency Fund (75–1522–0–1–609). 

12 ‘‘Family Support Programs (75–1501–0–1–609). 

13 ‘‘Federal Pell Grants under section 401 Title IV 

14 of the Higher Education Act. 

15 ‘‘Grants to States for Medicaid (75–0512–0–1– 

16 551). 

17 ‘‘Payments for Foster Care and Permanency 

18 (75–1545–0–1–609). 

19 ‘‘Supplemental Nutrition Assistance Program 

20 (12–3505–0–1–605). 

21 ‘‘Supplemental Security Income Program (28– 

22 0406–0–1–609). 

23 ‘‘Temporary Assistance for Needy Families (75– 

24 1552–0–1–609).’’. 
157 

•HR 2847 EAH 

1 (d) ECONOMIC RECOVERY PROGRAMS.—Section 255 of 

2 BBEDCA is amended by adding the following after sub3 section (h): 

4 ‘‘(i) ECONOMIC RECOVERY PROGRAMS.—The following 

5 programs shall be exempt from reduction under any order 

6 issued under this part: 

7 ‘‘All programs enacted in, or increases in pro8 grams provided by, the American Recovery and Rein9 vestment Act of 2009. 

10 ‘‘Exchange Stabilization Fund-Money Market 

11 Mutual Fund Guaranty Facility (20–4274–0–3–376). 

12 ‘‘Financial Stabilization Reserve (20–0131–4–1– 

13 376). 

14 ‘‘GSE Mortgage-Backed Securities Purchase Pro15 gram Account (20–0126–0–1–371). 

16 ‘‘GSE Preferred Stock Purchase Agreements (20– 

17 0125–0–1–371). 

18 ‘‘Office of Financial Stability (20–0128–0–1– 

19 376). 

20 ‘‘Special Inspector General for the Troubled 

21 Asset Relief Program (20–0133–0–1–376). 

22 ‘‘Troubled Asset Relief Program Account (20– 

23 0132–0–1–376). 

24 ‘‘Troubled Asset Relief Program Equity Purchase 

25 Program (20–0134–0–1–376). 
158 

•HR 2847 EAH 

1 ‘‘Troubled Asset Relief Program, Home Afford2 able Modification Program (20–0136–0–1–604).’’. 

Attest: 

Clerk. 

111TH CONGRESS 

1ST SESSION H.R. 2847 

HOUSE AMENDMENT TO 

SENATE AMENDMENT