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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2847 Engrossed Amendment House (EAH)]

                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:

     DIVISION A--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

     That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010, and for other purposes, namely:

              TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT

                           CHAPTER 1--JUSTICE

                         DEPARTMENT OF JUSTICE

                  Community Oriented Policing Services

                     (including transfer of funds)

    For an additional amount for ``Community Oriented Policing 
Services'', for grants under section 1701 of title I of the 1968 
Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796dd) for 
hiring and rehiring of additional career law enforcement officers under 
part Q of such title, notwithstanding subsection (i) of such section, 
$1,179,000,000, of which $2,950,000 shall be transferred to ``State and 
Local Law Enforcement Activities, Salaries and Expenses'' for 
management, administration and oversight of such grants.

                CHAPTER 2--ENERGY AND WATER DEVELOPMENT

                    CORPS OF ENGINEERS--CIVIL WORKS

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

                     (including transfers of funds)

    For an additional amount for ``Construction'', $715,000,000: 
Provided, That section 102 of Public Law 109-103 (33 U.S.C. 2221) shall 
not apply to funds provided in this title: Provided further, That not 
less than $30,000,000 of the funds provided shall be for water-related 
environmental infrastructure assistance: Provided further, That up to 
$30,000,000 of the funds provided under this heading may be transferred 
to ``Mississippi Rivers and Tributaries'' for authorized projects and 
activities: Provided further, That notwithstanding any other provision 
of law, funds provided under this heading shall not be cost shared with 
the Inland Waterways Trust Fund as authorized in Public Law 99-662: 
Provided further, That funds provided under this heading shall only be 
allocated to programs, projects or activities that heretofore received 
funds provided in Acts making appropriations available for Energy and 
Water Development and that are selected using only the following 
criteria in order of priority: programs, projects or activities that 
can be commenced quickly; programs, projects or activities that will 
create immediate employment; programs, projects or activities that will 
be executed by contract or direct hire of temporary labor; and 
programs, projects or activities that are located in a State with high 
unemployment: Provided further, That the limitation concerning total 
project costs in section 902 of the Water Resources Development Act of 
1986 (33 U.S.C. 2280), shall not apply during fiscal years 2010 and 
2011 for any project receiving funds provided in this title: Provided 
further, That for projects that are being completed with funds 
appropriated in this paragraph that would otherwise be expired for 
obligation, expired funds appropriated in this paragraph may be used to 
pay the cost of associated supervision, inspection, overhead, 
engineering and design on those projects and on subsequent claims, if 
any: Provided further, That funds made available under this heading 
shall be apportioned by the Office of Management and Budget not later 
than 30 days after the date of enactment of this Act and allocated by 
the Secretary of the Army to specific programs, projects or activities 
not later than 45 days after the date of enactment of this Act: 
Provided further, That the Secretary of the Army shall submit a 
quarterly report to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the allocation, obligation and 
expenditures of these funds, including an explanation of how each 
selected program, project or activity fulfills the funding criteria 
above, beginning not later than 45 days after the date of enactment of 
this Act: Provided further, That the Secretary shall have unlimited 
reprogramming authority for the funds provided under this heading: 
Provided further, That up to 0.5 percent of funds provided under this 
heading may be transferred to ``Expenses'' for the purposes of 
management and oversight of the programs, projects or activities funded 
by this paragraph.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

                     (including transfers of funds)

    For an additional amount for ``Water and Related Resources'', 
$100,000,000: Provided, That of the amount appropriated under this 
heading, not less than $26,000,000 shall be used for water reclamation 
and reuse projects authorized under title XVI of Public Law 102-575: 
Provided further, That up to $30,000,000 of the funds provided under 
this heading may be used for programs, projects, and activities 
authorized by Public Law 108-361 and up to $10,000,000 of the funds 
provided under this heading may be transferred to the Department of the 
Interior for programs, projects, and activities authorized by titles 
II-V of Public Law 102-575: Provided further, That funds provided under 
this heading shall only be allocated to programs, projects or 
activities that heretofore received funds provided in Acts making 
appropriations available for Energy and Water Development: Provided 
further, That for projects that are being completed with funds 
appropriated in this paragraph that would otherwise be expired for 
obligation, expired funds appropriated in this paragraph may be used to 
pay the cost of associated supervision, inspection, overhead, 
engineering and design on those projects and on subsequent claims, if 
any: Provided further, That the Secretary of the Interior shall submit 
a quarterly report to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the allocation, obligation and 
expenditures of these funds, beginning not later than 45 days after the 
date of enactment of this Act: Provided further, That the Secretary 
shall have unlimited reprogramming authority for the funds provided 
under this heading: Provided further, That up to 0.5 percent of funds 
appropriated under this heading may be transferred to ``Policy and 
Administration'' for the purposes of management and oversight of the 
programs, projects, or activities funded by this paragraph.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

         Title 17 Innovative Technology Loan Guarantee Program

    For an additional amount for ``Title 17 Innovative Technology Loan 
Guarantee Program'' for the cost of guaranteed loans authorized by 
section 1705 of the Energy Policy Act of 2005, $2,000,000,000, 
available until expended: Provided, That the cost of such loans, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974.

                    General Provision, This Chapter

     incentives for innovative technologies loan guarantee program

    Sec. 1201.  (a) Specific Appropriation or Contribution.--Section 
1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--No guarantee shall be made unless--
                    ``(A) an appropriation for the cost has been made;
                    ``(B) the Secretary has received from the borrower 
                a payment in full for the cost of the obligation and 
                deposited the payment into the Treasury; or
                    ``(C) a combination of appropriations or payments 
                from the borrower has been made sufficient to cover the 
                cost of the obligation.
            ``(2) Limitation.--The source of payments received from a 
        borrower under paragraph (1)(B) or (C) shall not be a loan or 
        other debt obligation that is made or guaranteed by the Federal 
        Government.''; and
            (2) by adding at the end the following:
    ``(k) Credit Report.--If, in the opinion of the Secretary, a third-
party credit rating of the applicant or project is not relevant to the 
determination of the credit risk of a project, if the project costs are 
not projected to exceed $100,000,000, and the applicant agrees to 
accept the credit rating assigned to the applicant by the Secretary, 
the Secretary may waive any otherwise applicable requirement (including 
any requirement described in part 609 of title 10, Code of Federal 
Regulations) to provide a third-party credit report.
    ``(l) Direct Hire Authority.--
            ``(1) In general.--Notwithstanding section 3304 and 
        sections 3309 through 3318 of title 5, United States Code, the 
        head of the loan guarantee program under this title (referred 
        to in this subsection as the `Executive Director') may, on a 
        determination that there is a severe shortage of candidates or 
        a severe hiring need for particular positions to carry out the 
        functions of this title, recruit and directly appoint highly 
        qualified critical personnel with specialized knowledge 
        important to the function of the programs under this title into 
        the competitive service.
            ``(2) Exception.--The authority granted under paragraph (1) 
        shall not apply to positions in the excepted service or the 
        Senior Executive Service.
            ``(3) Requirements.--In exercising the authority granted 
        under paragraph (1), the Executive Director shall ensure that 
        any action taken by the Executive Director--
                    ``(A) is consistent with the merit principles of 
                section 2301 of title 5, United States Code; and
                    ``(B) complies with the public notice requirements 
                of section 3327 of title 5, United States Code.
            ``(4) Sunset.--The authority provided under paragraph (1) 
        shall terminate on January 1, 2011.
    ``(m) Multiple Sites.--Notwithstanding any contrary requirement 
(including any provision under part 609.12 of title 10, Code of Federal 
Regulations) an eligible project may be located on 2 or more non-
contiguous sites in the United States.''.
    (b) Applications for Multiple Eligible Projects.--Section 1705 of 
the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Multiple Applications.--Notwithstanding any contrary 
requirement (including any provision under part 609.3(a) of title 10, 
Code of Federal Regulations), a project applicant or sponsor of an 
eligible project may submit an application for more than 1 eligible 
project under this section.''.
    (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the 
Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at 
the end the following:
            ``(4) Energy efficiency projects, including projects to 
        retrofit residential, commercial, and industrial buildings, 
        facilities, and equipment.''.

                      CHAPTER 3--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency

                     firefighter assistance grants

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

                  CHAPTER 4--INTERIOR AND ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For an additional amount for ``Management of Lands and Resources'', 
for activities on all Bureau of Land Management lands using term 
employment, $20,000,000.

                United States Fish and Wildlife Service

                          resource management

    For an additional amount for ``Resource Management'', for 
activities using term employment, $30,000,000.

                         National Park Service

                 operation of the national park system

    For an additional amount for ``Operation of the National Park 
System'', for activities on all national park units using term 
employment, $50,000,000.

                        Department-wide Programs

                        wildland fire management

    For an additional amount for ``Wildland Fire Management'', for 
hazardous fuels reduction and related activities including necessary 
inventory and monitoring, using term employment, $20,000,000.

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

                     (including transfers of funds)

    For an additional amount for ``State and Tribal Assistance 
Grants'', $2,000,000,000, of which $1,000,000,000 shall be for 
capitalization grants for the Clean Water State Revolving Funds under 
title VI of the Federal Water Pollution Control Act and $1,000,000,000 
shall be for capitalization grants under section 1452 of the Safe 
Drinking Water Act: Provided, That the Administrator may retain up to 1 
percent of the funds appropriated herein for management and oversight 
purposes: Provided further, That funds appropriated herein shall not be 
subject to the matching or cost share requirements of sections 
602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act 
nor the matching requirements of section 1452(e) of the Safe Drinking 
Water Act: Provided further, That the Administrator shall reallocate 
funds appropriated herein for the Clean and Drinking Water State 
Revolving Funds (Revolving Funds) where projects are not under contract 
or construction within 8 months of the date of enactment of this Act: 
Provided further, That notwithstanding the priority rankings they would 
otherwise receive under each program, priority for funds appropriated 
herein shall be given to projects on a State priority list that are 
ready to proceed to construction within 12 months of the date of 
enactment of this Act: Provided further, That notwithstanding the 
requirements of section 603(d) of the Federal Water Pollution Control 
Act or section 1452(f) of the Safe Drinking Water Act, for the funds 
appropriated herein, each State shall use not less than 50 percent of 
the amount of its capitalization grants to provide additional 
subsidization to eligible recipients in the form of forgiveness of 
principal, negative interest loans or grants or any combination of 
these: Provided further, That, to the extent there are sufficient 
eligible project applications, not less than 20 percent of the funds 
appropriated herein for the Revolving Funds shall be for projects to 
address green infrastructure, water or energy efficiency improvements 
or other environmentally innovative activities: Provided further, That 
notwithstanding the limitation on amounts specified in section 518(c) 
of the Federal Water Pollution Control Act, up to 2.0 percent of the 
funds appropriated herein for the Clean Water State Revolving Funds may 
be reserved by the Administrator for tribal grants under section 518(c) 
of such Act: Provided further, That up to 4 percent of the funds 
appropriated herein for tribal set-asides under the Revolving Funds may 
be transferred to the Indian Health Service to support management and 
oversight of tribal projects: Provided further, That none of the funds 
appropriated herein shall be available for the purchase of land or 
easements as authorized by section 603(c) of the Federal Water 
Pollution Control Act or for activities authorized by section 1452(k) 
of the Safe Drinking Water Act: Provided further, That notwithstanding 
section 603(d)(2) of the Federal Water Pollution Control Act and 
section 1452(f)(2) of the Safe Drinking Water Act, funds may be used to 
buy, refinance, or restructure the debt obligations of eligible 
recipients only where such debt was incurred on or after October 1, 
2009: Provided further, That section 1606 of title XVI of Public Law 
111-5 shall apply to the use of the funds provided under this heading.

                       Department of Agriculture

                             Forest Service

                       state and private forestry

    For an additional amount for ``State and Private Forestry'', for 
financial assistance to States and territories for authorized 
activities using term employment, $75,000,000.

                         national forest system

    For an additional amount for ``National Forest System'', for 
activities on the National Forest System using term employment, 
$40,000,000.

                        wildland fire management

    For an additional amount for ``Wildland Fire Management'', for 
hazardous fuels reduction and related activities using term employment, 
$35,000,000.

                    General Provisions, This Chapter

                     (including transfer of funds)

    Sec. 1401.  Funds made available to the Environmental Protection 
Agency by this Act for management and oversight purposes shall remain 
available until September 30, 2012, and may be transferred to the 
``Environmental Programs and Management'' account as needed.
    Sec. 1402.  In carrying out the work for which funds in this title 
are being made available, the Secretary of the Interior and the 
Secretary of Agriculture shall utilize, to the maximum extent 
practicable, the Public Lands Corps, Youth Conservation Corps, Student 
Conservation Association, Job Corps, Corps Network members, and other 
related partnerships with Federal, State, local, tribal or non-profit 
groups that serve young adults, underserved and minority populations, 
veterans, and special needs individuals.

CHAPTER 5--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
                                AGENCIES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For an additional amount for ``Training and Employment Services'' 
for activities under the Workforce Investment Act of 1998 (``WIA''), 
$1,250,000,000, which shall be available for obligation on the date of 
enactment of this Act, as follows:
            (1) $500,000,000 for grants to the States for youth 
        activities: Provided, That such funds shall be used solely for 
        summer employment programs for youth: Provided further, That no 
        portion of such funds shall be reserved to carry out section 
        127(b)(1)(A) of the WIA: Provided further, That for purposes of 
        section 127(b)(1)(C)(iv) of the WIA, funds available for youth 
        activities shall be allotted as if the total amount available 
        for youth activities in the fiscal year does not exceed 
        $1,000,000,000: Provided further, That the work readiness 
        performance indicator described in section 136(b)(2)(A)(ii)(I) 
        of the WIA shall be the only measure of performance used to 
        assess the effectiveness of summer employment for youth 
        provided with such funds: Provided further, That an in-school 
        youth shall meet the requirement that eligible youth be a low-
        income individual under section 101(13)(B) of the WIA if such 
        youth has been determined to meet the eligibility requirements 
        for free meals under the National School Lunch Act (42 U.S.C. 
        1751 et seq.) during the most recent school year; and
            (2) $750,000,000 for a program of competitive grants for 
        worker training and placement in high growth and emerging 
        industry sectors: Provided, That $275,000,000 shall be for job 
        training projects that prepare workers for careers in energy 
        efficiency and renewable energy as described in section 
        171(e)(1)(B) of the WIA, of which $225,000,000 shall be for 
        Pathways Out of Poverty projects: Provided further, That in 
        awarding grants from those funds not dedicated in the preceding 
        proviso, the Secretary of Labor shall give priority to projects 
        that prepare workers for careers in the health care sector.

                        DEPARTMENT OF EDUCATION

                          Education Jobs Fund

    For necessary expenses for an Education Jobs Fund, $23,000,000,000, 
which shall remain available for obligation through September 30, 2010 
and shall be administered under the terms and conditions of sections 
14001 through 14013 of title XIV, and title XV, of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5), 
except as follows:
            (1) Allotments to states and territories.--Such funds shall 
        be available only for allocations by the Secretary under 
        subsections (a) and (d) of section 14001.
            (2) Reservation.--With respect to funds appropriated under 
        this heading, a State that receives an allocation may reserve 
        not more than 5 percent for--
                    (A) the administrative costs of carrying out its 
                responsibilities with respect to those funds, provided 
                the State reserves not more than 1 percent of its total 
                allocation for those costs; and
                    (B) retaining or creating positions in the State 
                educational agency or the State agency for higher 
                education, and other State agency positions related to 
                the administration or support of early childhood, 
                elementary, secondary or postsecondary education.
            (3) Awards to local educational agencies and public 
        institutions of higher education.--
                    (A) Except as specified under paragraph (2), an 
                allocation of such funds to a State under section 
                14001(d) shall be used only for awards to local 
                educational agencies and public institutions of higher 
                education for the support of elementary, secondary, and 
                postsecondary education. The Governor shall determine 
                how the funds appropriated under this heading are 
                allocated for elementary and secondary education and 
                for public institutions of higher education. In making 
                the determination in the preceding sentence, the 
                Governor shall allocate funds among the categories of 
                elementary and secondary education and public 
                institutions of higher education generally in 
                proportion to any reductions in State funds for such 
                categories.
                    (B) Funds used to support elementary and secondary 
                education shall be distributed through the State's 
                primary elementary and secondary funding formulae.
                    (C) Section 14002(a) and (b) shall not apply.
            (4) Inapplicability of education reform assurances.--
        Subsection (b)(2), and paragraphs (1) through (5) of subsection 
        (d), of section 14005 shall not apply to any application for an 
        allocation of such funds.
            (5) Requirement to use funds to retain or create education 
        jobs.--Notwithstanding sections 14003(a) and 14004(a), such 
        funds may be used only for compensation and benefits and other 
        expenses, such as support services, necessary to retain 
        existing employees, for activities defined in section 101(31) 
        of the Workforce Investment Act of 1998, and to hire new 
        employees in order to provide early childhood, elementary, 
        secondary, or postsecondary educational and related services or 
        for modernization, renovation, and repair of public school 
        facilities and facilities of institutions of higher education.
            (6) Prohibition on use of funds for rainy-day funds or debt 
        retirement.--A State that receives an allocation may not use 
        such funds, directly or indirectly, to establish, restore, or 
        supplement a rainy-day fund, or to supplant State funds in a 
        manner that has the effect of establishing, restoring, or 
        supplementing a rainy-day fund; or to reduce or retire debt 
        obligations incurred by the State, or to supplant State funds 
        in a manner that has the effect of reducing or retiring debt 
        obligations incurred by the State, provided that this 
        prohibition shall not apply to fund balances that are necessary 
        to comply with any State requirement to maintain a balanced 
        budget.
            (7) Application considerations.--If, by a date set by the 
        Secretary, a Governor has not submitted an approvable 
        application under section 14005(a), the Secretary may provide 
        for the distribution of funds allocated under section 14001(d) 
        to another entity or other entities in the State, under such 
        terms and conditions as the Secretary may establish, provided 
        that all terms and conditions that apply to the appropriation 
        under this heading shall apply to such funds distributed to 
        such entity or entities.
            (8) Local educational agency application.--Section 442 of 
        the General Education Provisions Act does not apply to a local 
        educational agency that has previously submitted an application 
        to the State under title XIV of division A of the American 
        Recovery and Reinvestment Act of 2009. The assurances provided 
        under that application shall continue to apply to funds awarded 
        under this heading.
            (9) Maintenance of effort.--The Secretary shall not 
        allocate funds to a State under paragraph (1) unless the 
        Governor of the State provides an assurance to the Secretary 
        that the State will--
                    (A) for fiscal year 2010--
                            (i) maintain State support for elementary, 
                        secondary, and public higher education (not 
                        including support for capital projects or 
                        research and development or tuition and fees 
                        paid by students), in the aggregate, at the 
                        level of such support for fiscal year 2009; or
                            (ii) maintain State support for elementary, 
                        secondary, and public higher education (not 
                        including support for capital projects or 
                        research and development or tuition and fees 
                        paid by students), in the aggregate, at a level 
                        no less than such support for fiscal year 2006, 
                        provided that if a State has enacted a 
                        reduction to such aggregate level of fiscal 
                        year 2010 State support for elementary, 
                        secondary, and public higher education after 
                        December 12, 2009, the State shall maintain 
                        State support for elementary, secondary, and 
                        public higher education at a percentage of the 
                        total revenues available to the State that is 
                        equal to or greater than the percentage 
                        provided for such purpose for fiscal year 2010 
                        prior to December 12, 2009; and
                    (B) for fiscal year 2011--
                            (i) comply with subparagraph (A)(i); or
                            (ii) maintain State support for elementary, 
                        secondary, and public higher education (not 
                        including support for capital projects or 
                        research and development or tuition and fees 
                        paid by students), in the aggregate, at a 
                        percentage of the total revenues available to 
                        the State that is equal to or greater than the 
                        percentage provided for such purpose for fiscal 
                        year 2010.

                      Student Financial Assistance

    For an additional amount for ``Student Financial Assistance'' to 
carry out part C of title IV of the Higher Education Act of 1965, 
$300,000,000, which shall remain available through September 30, 2011.

                            RELATED AGENCIES

             Corporation for National and Community Service

                           operating expenses

                     (including transfer of funds)

    For an additional amount for ``Operating Expenses'' to carry out 
the Domestic Volunteer Service Act of 1973 (``1973 Act'') and the 
National and Community Service Act of 1990 (``1990 Act''), 
$132,000,000, which shall remain available through September 30, 2011: 
Provided, That not less than $90,000,000 of the funds made available in 
this paragraph shall be used to make additional awards to existing 
AmeriCorps grantees and may be used to provide adjustments to awards 
under subtitle C of title I of the 1990 Act made prior to September 30, 
2011 for which the Chief Executive Officer of the Corporation for 
National and Community Service (``CEO'') determines that a waiver of 
the Federal share limitation is warranted under section 2521.70 of 
title 45 of the Code of Federal Regulations: Provided further, That up 
to $30,000,000 shall be for programs under title I, part A of the 1973 
Act: Provided further, That any funds provided in the previous proviso 
shall not be made available in connection with cost-share agreements 
authorized under section 192A(g)(10) of the 1990 Act: Provided further, 
That of the amount made available in this paragraph, not less than 
$7,000,000 shall be transferred to ``Salaries and Expenses'' to 
administer the funds provided in this paragraph, including making any 
necessary information technology upgrades: Provided further, That the 
CEO shall provide to the Committees on Appropriations of the House of 
Representatives and the Senate a fiscal year 2010 operating plan for 
the funds appropriated in this paragraph prior to making any Federal 
obligations of such funds in fiscal year 2010, but not later than 90 
days after the date of enactment of this Act, and a fiscal year 2011 
operating plan for such funds in fiscal year 2011, but not later than 
November 1, 2010, that detail the allocation of resources and the 
increased number of members supported by the AmeriCorps programs: 
Provided further, That the CEO shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the actual obligations, expenditures, and unobligated balances for 
each activity funded under this heading not later than 90 days after 
issuance of the operating plan, and quarterly thereafter as long as 
funding provided under this heading is available for obligation or 
expenditure.

                         national service trust

                     (including transfer of funds)

     For an additional amount for ``National Service Trust'' 
established under subtitle D of title I of the National and Community 
Service Act of 1990 (``1990 Act''), $68,000,000, which shall remain 
available until expended: Provided, That the Corporation for National 
and Community Service may transfer additional funds from the amount 
provided within ``Operating Expenses'' allocated to grants under 
subtitle C of title I of the 1990 Act to the National Service Trust 
upon determination that such transfer is necessary to support the 
activities of national service participants and after notice is 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That the amount 
appropriated or transferred to the National Service Trust may be 
invested under section 145(b) of the 1990 Act without regard to the 
requirements to apportion funds under 31 U.S.C. 1513(b).

                    General Provision, This Chapter

 issuer allowed refundable credit for qualified zone academy bonds and 
                  qualified school construction bonds

    Sec. 1501.  (a) In General.--Section 6431 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new 
subsection:
    ``(f) Application of Section to Qualified Zone Academy Bonds and 
Qualified School Construction Bonds.--
            ``(1) In general.--In the case of any specified tax credit 
        bond--
                    ``(A) such bond shall be treated as a qualified 
                bond for purposes of this section,
                    ``(B) subsection (a) shall be applied without 
                regard to the requirement that the qualified bond be 
                issued before January 1, 2011,
                    ``(C) the amount of the payment determined under 
                subsection (b) with respect to any interest payment 
                date under such bond shall be equal to the lesser of--
                            ``(i) the amount of interest payable under 
                        such bond on such date, or
                            ``(ii) the amount of interest which would 
                        have been payable under such bond on such date 
                        if such interest were determined at the 
                        applicable credit rate determined under section 
                        54A(b)(3) with respect to such bond,
                    ``(D) interest on any such bond shall be includible 
                in gross income for purposes of this title, and
                    ``(E) no credit shall be allowed under section 54A 
                with respect to such bond.
            ``(2) Specified tax credit bond.--For purposes of this 
        subsection, the term `specified tax credit bond' means any 
        qualified tax credit bond (as defined in section 54A(d)) if--
                    ``(A) such bond is a qualified zone academy bond 
                (as defined in section 54E) or a qualified school 
                construction bond (as defined in section 54F), and
                    ``(B) the issuer of such bond makes an irrevocable 
                election to have this subsection apply.''.
    (b) Technical Corrections Relating to Qualified School Construction 
Bonds.--
            (1) The second sentence of section 54F(d)(1) of such Code 
        is amended by striking ``by the State'' and inserting ``by the 
        State education agency (or such other agency as is authorized 
        under State law to make such allocation)''.
            (2) The second sentence of section 54F(e) of such Code is 
        amended by striking ``subsection (d)(4)'' and inserting 
        ``paragraphs (2) and (4) of subsection (d)''.
    (c) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendment made by this section shall apply to 
        bonds issued after December 31, 2009.
            (2) Technical corrections.--The amendments made by 
        subsection (b) shall take effect as if included in section 1521 
        of the American Recovery and Reinvestment Tax Act of 2009.

      CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       grants-in-aid for airports

    For an additional amount for ``Grants-In-Aid for Airports'', to 
enable the Secretary of Transportation to make grants for discretionary 
projects as authorized by subchapter 1 of chapter 471 and subchapter 1 
of chapter 475 of title 49, United States Code, $500,000,000: Provided, 
That such funds shall not be subject to apportionment formulas, special 
apportionment categories, or minimum percentages under chapter 471 of 
such title: Provided further, That the Secretary shall distribute funds 
provided under this heading as discretionary grants to airports using 
the criteria established under chapters 471 and 475 of such title, but 
with priority given to those projects that demonstrate to his 
satisfaction their ability to be completed within 2 years of enactment 
of this Act: Provided further, That the Secretary shall award grants 
under this heading within 120 days of enactment of this Act: Provided 
further, That the amount made available under this heading shall not be 
subject to any limitation on obligations for the Grants-in-Aid for 
Airports program set forth in any Act: Provided further, That the 
Federal share payable of the costs for which a grant is made under this 
heading shall be, at the option of the recipient, up to 100 percent: 
Provided further, That the amounts provided under this heading may be 
used for expenses the agency incurs in administering this program in 
addition to amounts provided for administrative expenses for the 
Grants-in-Aid Airport Improvement Program from any other Act.

                     Federal Highway Administration

                   highway infrastructure investment

    For an additional amount for ``Highway Infrastructure Investment'' 
for restoration, repair, construction and other activities eligible 
under paragraph (b) of section 133 of title 23, United States Code, and 
for passenger and freight rail transportation and port infrastructure 
projects eligible for assistance under subsection 601(a)(8) of such 
title, $27,500,000,000, to remain available through September 30, 2011: 
Provided, That, after making the set-asides required under this 
heading, 50 percent of the funds made available under this heading 
shall be apportioned to States using the formula set forth in section 
104(b)(3) of title 23, United States Code, and the remaining funds 
shall be apportioned to States in the same ratio as the obligation 
limitation for fiscal year 2008 was distributed among the States in 
accordance with the formula specified in section 120(a)(6) of division 
K of Public Law 110-161: Provided further, That funds made available 
under this heading shall be apportioned not later than 21 days after 
the date of enactment of this Act: Provided further, That in selecting 
projects to be carried out with funds apportioned under this heading, 
priority shall be given to projects that are projected for completion 
within a 3-year time frame, and are located in economically distressed 
areas as defined by section 301 of the Public Works and Economic 
Development Act of 1965, as amended (42 U.S.C. 3161): Provided further, 
That in selecting projects to be carried out with funds apportioned 
under this heading, States shall ensure an equitable geographic 
distribution of funds and an appropriate balance in addressing the 
needs of urban and rural communities in the State: Provided further, 
That 90 days following the date of such apportionment, the Secretary of 
Transportation shall withdraw from each State an amount equal to 50 
percent of the funds awarded to that State less the amount of funding 
under contract, as determined by the Secretary, and the Secretary shall 
redistribute such amounts to other States that have had no funds 
withdrawn under this proviso in the manner described in section 120(c) 
of division K of Public Law 110-161: Provided further, That 1 year 
following the date of such apportionment, the Secretary shall withdraw 
from each recipient of funds apportioned under this heading any funds 
that are not under contract, as determined by the Secretary, and the 
Secretary shall redistribute such amounts to States that have had no 
funds withdrawn under this proviso in the manner described in section 
120(c) of division K of Public Law 110-161: Provided further, That at 
the request of a State, the Secretary of Transportation may provide an 
extension of such 1-year period only to the extent that he feels 
satisfied that the State has encountered extreme conditions that create 
an unworkable bidding environment or other extenuating circumstances: 
Provided further, That before granting such an extension, the Secretary 
shall send a letter to the House and Senate Committees on 
Appropriations that provides a thorough justification for the 
extension: Provided further, That 3 percent of the funds apportioned to 
a State under this heading shall be set aside for the purposes 
described in subsection 133(d)(2) of title 23, United States Code 
(without regard to the comparison to fiscal year 2005): Provided 
further, That 30 percent of the funds apportioned to a State under this 
heading shall be suballocated within the State in the manner and for 
the purposes described in the first sentence of subsection 
133(d)(3)(A), in subsection 133(d)(3)(B), and in subsection 
133(d)(3)(D): Provided further, That such suballocation shall be 
conducted in every State: Provided further, That of the funds provided 
under this heading, $105,000,000 shall be for the Puerto Rico highway 
program authorized under section 165 of title 23, United States Code, 
and $45,000,000 shall be for the territorial highway program authorized 
under section 215 of title 23, United States Code: Provided further, 
That of the funds provided under this heading, $60,000,000 shall be for 
capital expenditures eligible under section 147 of title 23, United 
States Code (without regard to subsection(d)): Provided further, That 
the Secretary of Transportation shall distribute such $60,000,000 as 
competitive discretionary grants to States, with priority given to 
those projects that demonstrate to his satisfaction their ability to be 
completed within 2 years of enactment of this Act: Provided further, 
That of the funds provided under this heading, $550,000,000 shall be 
for investments in transportation at Indian reservations and Federal 
lands: Provided further, That of the funds identified in the preceding 
proviso, $310,000,000 shall be for the Indian Reservation Roads 
program, $170,000,000 shall be for the Park Roads and Parkways program, 
$60,000,000 shall be for the Forest Highway Program, and $10,000,000 
shall be for the Refuge Roads program: Provided further, That for 
investments at Indian reservations and Federal lands, priority shall be 
given to capital investments, and to projects and activities that can 
be completed within 2 years of enactment of this Act: Provided further, 
That 1 year following the enactment of this Act, to ensure the prompt 
use of the $550,000,000 provided for investments at Indian reservations 
and Federal lands, the Secretary shall have the authority to 
redistribute unobligated funds within the respective program for which 
the funds were appropriated: Provided further, That up to 4 percent of 
the funding provided for Indian Reservation Roads may be used by the 
Secretary of the Interior for program management and oversight and 
project-related administrative expenses: Provided further, That section 
134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not apply 
to funds provided under this heading: Provided further, That of the 
funds made available under this heading, $20,000,000 shall be for 
highway surface transportation and technology training under section 
140(b) of title 23, United States Code, and $20,000,000 shall be for 
disadvantaged business enterprises bonding assistance under section 
332(e) of title 49, United States Code: Provided further, That funds 
made available under this heading shall be administered as if 
apportioned under chapter 1 of title 23, United States Code, except for 
funds made available for investments in transportation at Indian 
reservations and Federal lands, and for the territorial highway 
program, which shall be administered in accordance with chapter 2 of 
title 23, United States Code, and except for funds made available for 
disadvantaged business enterprises bonding assistance, which shall be 
administered in accordance with chapter 3 of title 49, United States 
Code: Provided further, That the Federal share payable on account of 
any project or activity carried out with funds made available under 
this heading shall be, at the option of the recipient, up to 100 
percent of the total cost thereof: Provided further, That funds made 
available by this paragraph shall not be obligated for the purposes 
authorized under section 115(b) of title 23, United States Code: 
Provided further, That funding provided under this heading shall be in 
addition to any and all funds provided for fiscal years 2010 and 2011 
in any other Act for ``Federal-aid Highways'' and shall not affect the 
distribution of funds provided for ``Federal-aid Highways'' in any 
other Act: Provided further, That the amount made available under this 
heading shall not be subject to any limitation on obligations for 
Federal-aid highways or highway safety construction programs set forth 
in any Act: Provided further, That section 1101(b) of Public Law 109-59 
shall apply to funds apportioned under this heading: Provided further, 
That the Administrator of the Federal Highway Administration may retain 
up to $45,000,000 of the funds provided under this heading to fund the 
oversight by the Administrator of projects and activities carried out 
with funds made available to the Federal Highway Administration in this 
Act, of which $5,000,000 shall be for the Office of Expedited Project 
Delivery in the Office of the Administrator of the Federal Highway 
Administration, and such funds shall be available through September 30, 
2013.

                    Federal Railroad Administration

     capital grants to the national railroad passenger corporation

    For an additional amount for ``Capital Grants to the National 
Railroad Passenger Corporation'' to enable the Secretary of 
Transportation to make capital grants to The National Railroad 
Passenger Corporation (Amtrak) as authorized by section 101(c) of the 
Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-
432), $800,000,000, for fleet modernization, including rehabilitation 
of existing and acquisition of new passenger equipment, including fuel 
efficient locomotives: Provided, That none of the funds provided under 
this heading shall be used to subsidize the operating losses of Amtrak: 
Provided further, That section 24305(f)(4)(B) of title 49, United 
States Code, shall not apply to any new equipment acquired with funds 
provided under this heading: Provided further, That funds provided 
under this heading shall be awarded not later than 60 days after the 
date of enactment of this Act.

                     Federal Transit Administration

                       transit capital assistance

    For an additional amount for ``Transit Capital Assistance'' for 
transit capital assistance grants authorized under section 5302(a)(1) 
of title 49, United States Code, $6,150,000,000: Provided, That the 
Secretary of Transportation shall provide 80 percent of the funds 
appropriated under this heading for grants under section 5307 of title 
49, United States Code, and apportion such funds in accordance with 
section 5336 of such title (other than subsections (i)(1) and (j)): 
Provided further, That the Secretary shall apportion 10 percent of the 
funds appropriated under this heading in accordance with section 5340 
of such title: Provided further, That the Secretary shall provide 10 
percent of the funds appropriated under this heading for grants under 
section 5311 of title 49, United States Code, and apportion such funds 
in accordance with such section: Provided further, That funds 
apportioned under this heading shall be apportioned not later than 21 
days after the date of enactment of this Act: Provided further, That 90 
days following the date of such apportionment, the Secretary shall 
withdraw from each urbanized area or State an amount equal to 50 
percent of the funds apportioned to such urbanized areas or States less 
the amount of funding under contract, as determined by the Secretary, 
and the Secretary shall redistribute such amounts to other urbanized 
areas or States that have had no funds withdrawn under this proviso 
utilizing whatever method he deems appropriate to ensure that all funds 
redistributed under this proviso shall be utilized promptly: Provided 
further, That 1 year following the date of such apportionment, the 
Secretary shall withdraw from each urbanized area or State any funds 
that are not under contract, as determined by the Secretary, and the 
Secretary shall redistribute such amounts to other urbanized areas or 
States that have had no funds withdrawn under this proviso utilizing 
whatever method he deems appropriate to ensure that all funds 
redistributed under this proviso shall be utilized promptly: Provided 
further, That at the request of an urbanized area or State, the 
Secretary of Transportation may provide an extension of such 1-year 
period if he feels satisfied that the urbanized area or State has 
encountered an unworkable bidding environment or other extenuating 
circumstances: Provided further, That before granting such an 
extension, the Secretary shall send a letter to the House and Senate 
Committees on Appropriations that provides a thorough justification for 
the extension: Provided further, That of the funds provided for section 
5311 of title 49, United States Code, 2.5 percent shall be made 
available for section 5311(c)(1): Provided further, That of the funding 
provided under this heading, $100,000,000 shall be distributed as 
discretionary grants to public transit agencies for capital investments 
that will assist in reducing the energy consumption or greenhouse gas 
emissions of their public transportation systems: Provided further, 
That for such grants on energy-related investments, priority shall be 
given to projects based on the total energy savings that are projected 
to result from the investment, and projected energy savings as a 
percentage of the total energy usage of the public transit agency: 
Provided further, That applicable chapter 53 requirements shall apply 
to funding provided under this heading, except that the Federal share 
of the costs for which any grant is made under this heading shall be, 
at the option of the recipient, up to 100 percent: Provided further, 
That the amount made available under this heading shall not be subject 
to any limitation on obligations for transit programs set forth in any 
Act: Provided further, That section 1101(b) of Public Law 109-59 shall 
apply to funds appropriated under this heading: Provided further, That 
the funds appropriated under this heading shall not be commingled with 
any prior year funds: Provided further, That a recipient and 
subrecipient of funds made available under this heading may use up to 
10 percent of the amount apportioned to a State or urbanized area for 
the operating costs of equipment and facilities for use in public 
transportation or for eligible activities under section 5311(f): 
Provided further, That in selecting projects to be carried out with 
funds apportioned under this heading, priority shall be given to 
projects that are located in economically distressed areas as defined 
by section 301 of the Public Works and Economic Development Act of 
1965, as amended (42 U.S.C. 3161): Provided further, That in selecting 
projects to be carried out with funds apportioned under this heading, 
States shall ensure an equitable geographic distribution of funds and 
an appropriate balance in addressing the needs of urban and rural 
communities in the State: Provided further, That notwithstanding any 
other provision of law, three-quarters of 1 percent of the funds 
provided for grants under section 5307 and section 5340, and one-half 
of 1 percent of the funds provided for grants under section 5311, shall 
be available for administrative expenses and program management 
oversight, and such funds shall be available through September 30, 
2013.

                fixed guideway infrastructure investment

    For an amount for capital expenditures authorized under section 
5309(b)(2) of title 49, United States Code, $1,750,000,000: Provided, 
That the Secretary of Transportation shall apportion funds under this 
heading pursuant to the formula set forth in section 5337 of title 49, 
United States Code: Provided further, That the funds appropriated under 
this heading shall not be commingled with any prior year funds: 
Provided further, That funds made available under this heading shall be 
apportioned not later than 21 days after the date of enactment of this 
Act: Provided further, That 90 days following the date of such 
apportionment, the Secretary shall withdraw from each urbanized area an 
amount equal to 50 percent of the funds apportioned to such urbanized 
area less the amount of funding under contract, as determined by the 
Secretary, and the Secretary shall redistribute such amounts to other 
urbanized areas that have had no funds withdrawn under this proviso 
utilizing whatever method he deems appropriate to ensure that all funds 
redistributed under this proviso shall be utilized promptly: Provided 
further, That 1 year following the date of such apportionment, the 
Secretary shall withdraw from each urbanized area any funds that are 
not under contract, as determined by the Secretary, and the Secretary 
shall redistribute such amounts to other urbanized areas that have had 
no funds withdrawn under this proviso utilizing whatever method he 
deems appropriate to ensure that all funds redistributed under this 
proviso shall be utilized promptly: Provided further, That at the 
request of an urbanized area, the Secretary of Transportation may 
provide an extension of such 1-year period if he feels satisfied that 
the urbanized area has encountered an unworkable bidding environment or 
other extenuating circumstances: Provided further, That before granting 
such an extension, the Secretary shall send a letter to the House and 
Senate Committees on Appropriations that provides a thorough 
justification for the extension: Provided further, That applicable 
chapter 53 requirements shall apply except that the Federal share of 
the costs for which a grant is made under this heading shall be, at the 
option of the recipient, up to 100 percent: Provided further, That the 
provisions of section 1101(b) of Public Law 109-59 shall apply to funds 
made available under this heading: Provided further, That 
notwithstanding any other provision of law, up to 1 percent of the 
funds under this heading shall be available for administrative expenses 
and program management oversight and shall remain available for 
obligation until September 30, 2013.

                       capital investment grants

    For an additional amount for ``Capital Investment Grants'', as 
authorized under section 5338(c)(4) of title 49, United States Code, 
and allocated under section 5309(m)(2)(A) of such title, to enable the 
Secretary of Transportation to make discretionary grants as authorized 
by section 5309(d) and (e) of such title, $500,000,000, of which 
$1,500,000 shall be for the Office of Expedited Project Delivery in the 
Office of the Administrator of the Federal Transit Administration: 
Provided, That such amount shall be allocated without regard to the 
limitation under section 5309(m)(2)(A)(i): Provided further, That in 
selecting projects to be funded, priority shall be given to projects 
that are able to award contracts within 90 days of enactment of this 
Act: Provided further, That the provisions of section 1101(b) of Public 
Law 109-59 shall apply to funds made available under this heading: 
Provided further, That funds appropriated under this heading shall not 
be commingled with any prior year funds: Provided further, That 
applicable chapter 53 requirements shall apply, except that 
notwithstanding any other provision of law, up to 1 percent of the 
funds provided under this heading shall be available for administrative 
expenses and program management oversight, and shall remain available 
through September 30, 2013: Provided further, That, notwithstanding any 
other provision of law, the provisions of section 3011(f) of Public Law 
109-59 shall apply to all projects evaluated under sections 5309(d) and 
5309(e) of title 49, United States Code, and funded in fiscal years 
2010 and 2011 with funds made available in the Act or any other Act.

                        Maritime Administration

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

    For the cost of guaranteed loans, as authorized, $100,000,000: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That the Maritime Administrator may 
retain and transfer to ``Maritime Administration, Operations and 
Training'' up to 2 percent of the funds provided under this heading to 
carry out the guaranteed loan program.

            General Provision, Department of Transportation

    Sec. 1601. (a) Maintenance of Effort.--
            (1) Certification.--
                    (A) Certification through september 30, 2010.--The 
                certification made by the Governor of each State under 
                section 1201(a) of division A of the American Recovery 
                and Reinvestment Act of 2009 (Pubic Law 111-5, 123 
                Stat. 115, 212) shall continue in effect under this 
                Act.
                    (B) Certification through september 30, 2011.--Not 
                later than 30 days after the date of enactment of this 
                Act, for each amount that is distributed to a State or 
                agency thereof from an appropriation in this Act for a 
                covered program, the Governor of the State shall 
                certify to the Secretary of Transportation that the 
                State will maintain its effort with regard to State 
                funding for the types of projects that are funded by 
                the appropriation. As part of this certification, the 
                Governor shall submit to the Secretary of 
                Transportation a statement identifying the amount of 
                State funds the State planned to expend from State 
                sources as of the date of enactment of this Act for the 
                period of October 1, 2010, through September 30, 2011, 
                for the types of projects that are funded by the 
                appropriation. For the period of October 1, 2010, 
                through September 30, 2011, the Governor of a State may 
                calculate planned expenditures from State funds in the 
                same manner as under section 1201(a) of division A of 
                the American Recovery and Reinvestment Act of 2009 or 
                may calculate the amount by pro rating the amount 
                certified under section 1201(a) of division A of the 
                American Recovery and Reinvestment Act of 2009 to 
                establish the amount of planned expenditures for such 
                period.
            (2) Definition of state funds.--For purposes of the 
        certifications required by section 1201(a) of division A of the 
        American Recovery and Reinvestment Act of 2009 and paragraph 
        (1)(B), State funding means State funds used for transportation 
        purposes that are expended by the State agency that is 
        primarily responsible for carrying out the covered program. 
        State funding does not include State transportation funds that 
        are expended by or at the direction of non-State governmental 
        entities.
    (b) Requirement to Maintain Effort.--
            (1) Reports.--Each State shall submit to the Department of 
        Transportation for each covered program the actual aggregate 
        expenditures from State funds during the period of February 17, 
        2009, through September 30, 2011, as compared to the level of 
        such expenditures from State funds that were planned to occur 
        during such period as certified in accordance with subsection 
        (a). The State shall submit the maintenance of effort reports 
        in the same manner and in the same timeframe required by 
        subsection (c), except the State is not required to submit a 
        maintenance of effort report on February 17, 2013. The covered 
        agencies shall submit the reports to Congress in accordance 
        with subsection (c)(1).
            (2) Determination of maintenance of effort.--A State is 
        deemed to have met its level of effort if the aggregate amount 
        of actual expenditures of State funds reported in the February 
        17, 2012 report in accordance with paragraph (1) meets or 
        exceeds the aggregate amount of planned expenditures of State 
        funds identified in the certification required by subsection 
        (a).
            (3) Penalty for failure to maintain effort.--If a State is 
        unable to maintain the level of effort certified pursuant to 
        subsection (a), the State will be prohibited by the Secretary 
        of Transportation from receiving additional limitation pursuant 
        to the redistribution of the limitation on obligations for 
        Federal-aid highway and highway safety construction programs 
        that occurs after August 1 for fiscal year 2012.
    (c) Periodic Reports.--
            (1) In general.--Notwithstanding any other provision of 
        law, each grant recipient shall submit to the covered agency 
        from which they received funding periodic reports on the use of 
        the funds appropriated in this chapter for the Department of 
        Transportation for covered programs. Such reports shall be 
        collected and compiled by the covered agency and transmitted to 
        Congress. Covered agencies may develop such reports on behalf 
        of grant recipients to ensure the accuracy and consistency of 
        such reports.
            (2) Contents of reports.--For amounts received under each 
        covered program by a grant recipient under this chapter for the 
        Department of Transportation, the grant recipient shall include 
        in the periodic reports information tracking--
                    (A) the amount of Federal funds appropriated, 
                allocated, obligated, and outlayed under the 
                appropriation;
                    (B) the number of projects that have been put out 
                to bid under the appropriation and the amount of 
                Federal funds associated with such projects;
                    (C) the number of projects for which contracts have 
                been awarded under the appropriation and the amount of 
                Federal funds associated with such contracts;
                    (D) the number of projects for which work has begun 
                under such contracts and the amount of Federal funds 
                associated with such contracts;
                    (E) the number of projects for which work has been 
                completed under such contracts and the amount of 
                Federal funds associated with such contracts; and
                    (F) the number of direct, on-project jobs created 
                or sustained by the Federal funds provided for projects 
                under the appropriation and, to the extent possible, 
                the estimated indirect jobs created or sustained in the 
                associated supplying industries, including the number 
                of job-years created and the total increase in 
                employment since the date of enactment of this Act.
            (3) Timing of reports.--Each grant recipient shall submit 
        the first of the periodic reports required under this 
        subsection not later than 1 year after the date of enactment of 
        the American Recovery and Reinvestment Act of 2009 and shall 
        submit updated reports not later than 15 months, 18 months, 2 
        years, 3 years, and 4 years after such date of enactment.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Covered agency.--The term ``covered agency'' means the 
        Federal Aviation Administration, the Federal Highway 
        Administration, the Federal Railroad Administration, the 
        Federal Transit Administration, and the Maritime Administration 
        of the Department of Transportation.
            (2) Covered program.--The term ``covered program'' means 
        funds appropriated in this Act for ``Grants-in-Aid for 
        Airports'' to the Federal Aviation Administration; for 
        ``Highway Infrastructure Investment'' to the Federal Highway 
        Administration; for ``Capital Grants to the National Railroad 
        Passenger Corporation'' to the Federal Railroad Administration; 
        for ``Transit Capital Assistance'', ``Fixed Guideway 
        Infrastructure Investment'', and ``Capital Investment Grants'' 
        to the Federal Transit Administration; and for ``Maritime 
        Guaranteed Loan (Title XI) Program Account'' to the Maritime 
        Administration.
            (3) Grant recipient.--The term ``grant recipient'' means a 
        State or other recipient of assistance provided under a covered 
        program in this Act. Such term does not include a Federal 
        department or agency.
    (e) Exemption.--Notwithstanding any other provision of law, 
sections 3501-3521 of title 44, United States Code, shall not apply to 
the provisions of this section.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                      public housing capital fund

    For an additional amount for the ``Public Housing Capital Fund'' to 
carry out capital and management activities for public housing 
agencies, as authorized under section 9 of the United States Housing 
Act of 1937 (42 U.S.C. 1437g) (in this heading referred to as the 
``Act''), $1,000,000,000: Provided, That the Secretary of Housing and 
Urban Development shall make the funds provided under this heading 
available by competition for priority investments, including 
investments that leverage private sector funding or financing for 
renovations and energy conservation retrofit investments: Provided 
further, That the Secretary shall obligate the funds provided under 
this heading by such competition within 60 days of the date of the 
enactment of this Act: Provided further, That in using the funds 
provided under this heading public housing authorities shall give 
priority to capital projects that can award contracts based on bids 
within 120 days from the date that the funds are made available to the 
public housing authorities: Provided further, That in using such funds 
provided under this heading public housing agencies shall give priority 
consideration to the rehabilitation of vacant rental units: Provided 
further, That in using such funds provided under this heading public 
housing agencies shall prioritize capital projects that are already 
underway or included in the 5-year capital fund plans required by 
section 5A of the Act (42 U.S.C. 1437c-1(a)): Provided further, That 
notwithstanding any other provision of law, funds provided under this 
heading (1) may not be used for operating or rental assistance 
activities, and (2) shall not be subject to any restriction of funding 
to replacement housing uses: Provided further, That notwithstanding 
section 9(j) of the Act, public housing agencies shall obligate 50 
percent of the funds provided under this heading within 180 days of the 
date on which such funds become available to the agency for obligation, 
and shall expend 100 percent of such funds within one year of the date 
on which such funds become available to the agency for obligation: 
Provided further, That if a public housing agency fails to comply with 
the 180-day obligation requirement under the preceding proviso, the 
Secretary shall recapture all funds provided under this heading awarded 
to the public housing agency that remain unobligated and reallocate 
such funds to agencies that are in compliance with such requirement: 
Provided further, That in administering funds appropriated or otherwise 
made available under this heading, the Secretary may waive or specify 
alternative requirements for any provision of any statute or regulation 
in connection with the obligation by the Secretary or the use of such 
funds (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment), upon a 
finding that such a waiver is necessary to expedite or facilitate the 
use of such funds: Provided further, That, in addition to waivers 
authorized under the preceding proviso, the Secretary may direct that 
requirements relating to the procurement of goods and services arising 
under State and local laws and regulations shall not apply to funds 
provided under this heading.

                   Community Planning and Development

                           housing trust fund

    For the Housing Trust Fund established pursuant to section 1338 of 
the Federal Housing Enterprises Financial Safety and Soundness Act of 
1992 (12 U.S.C. 4568), $1,065,000,000, for use under such section: 
Provided, That of the total amount provided under this heading, 
$65,000,000 shall be available to the Secretary of Housing and Urban 
Development only for incremental project-based voucher assistance or 
project-based rental assistance, to be allocated to States pursuant to 
the formula established under such section 1338, to be used solely in 
conjunction with grant funds awarded under such section 1338.

               CHAPTER 7--GENERAL PROVISIONS, THIS TITLE

                             tarp reduction

    Sec. 1701. The limitation under section 115(a)(3) of the Emergency 
Economic Stabilization Act of 2008 (12 U.S.C. 5225(a)(3)) in effect on 
the date of the enactment of this Act is decreased by $150,000,000,000.

                             limit on funds

    Sec. 1702. All funds provided under this title shall be subject to 
the requirements of section 1604 of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5).

                  recovery act reporting requirements

    Sec. 1703.  (a) Funds made available by this title shall be subject 
to the reporting, transparency, and oversight requirements established 
by title XV of division A of the American Recovery and Reinvestment Act 
of 2009 (Public Law 111-5), on the same basis as funds made available 
in division A of that Act.
    (b) Amounts appropriated in division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) to any Office of Inspector 
General or to the Recovery Accountability and Transparency Board shall 
also be available for the same purposes with respect to any programs, 
grants, projects, and activities for which funds are made available by 
this title.

               TITLE II--SURFACE TRANSPORTATION EXTENSION

                              short title

    Sec. 2001. This title may be cited as the ``Surface Transportation 
Extension Act of 2009''.

                          federal-aid highways

    Sec. 2002.  (a) In General.--
            (1) Applicability of provisions.--Except as provided in 
        this title, requirements, authorities, conditions, 
        eligibilities, limitations, and other provisions authorized 
        under titles I, V, and VI of SAFETEA-LU (119 Stat. 1144), the 
        SAFETEA-LU Technical Corrections Act of 2008 (122 Stat. 1572), 
        titles I and VI of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the 
        Transportation Equity Act for the 21st Century (112 Stat. 107), 
        and title 23, United States Code (excluding chapter 4 of that 
        title), which would otherwise expire on or cease to apply after 
        September 30, 2009, or the date specified in section 106(3) of 
        the Continuing Appropriations Resolution, 2010 (Public Law 111-
        68), are incorporated by reference and shall continue in effect 
        through September 30, 2010.
            (2) Authorization of appropriations.--Except as provided in 
        subsection (b), there are authorized to be appropriated out of 
        the Highway Trust Fund (other than the Mass Transit Account) 
        for fiscal year 2010 an amount equal to the sum of the amounts 
        authorized to be appropriated out of the Highway Trust Fund 
        (other than the Mass Transit Account) for programs, projects, 
        and activities for fiscal year 2009 under titles I, V, and VI 
        of SAFETEA-LU (119 Stat. 1144) and title 23, United States Code 
        (excluding administrative expenses under section 104(a) and 
        programs, projects, and activities under chapter 4 of that 
        title), minus $1,394,358,419.
            (3) Use of funds.--
                    (A) Fiscal year 2010.--Except as otherwise 
                expressly provided in this title, funds authorized to 
                be appropriated under paragraph (2) for fiscal year 
                2010 shall be distributed, administered, limited, and 
                made available for obligation in the same manner as the 
                total amount of funds authorized to be appropriated out 
                of the Highway Trust Fund (other than the Mass Transit 
                Account) for fiscal year 2009 to carry out programs, 
                projects, activities, eligibilities, and requirements 
                under SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU 
                Technical Corrections Act of 2008 (122 Stat. 1572), 
                titles I and VI of the Intermodal Surface 
                Transportation Efficiency Act of 1991 (105 Stat. 1914), 
                titles I and V of the Transportation Equity Act for the 
                21st Century (112 Stat. 107), and title 23, United 
                States Code (excluding chapter 4 of that title).
                    (B) Calculation.--The amounts authorized to be 
                appropriated under paragraph (2) shall be calculated 
                without regard to any rescission or cancellation of 
                funds or contract authority for fiscal year 2009 under 
                SAFETEA-LU (119 Stat. 1144) or any other law.
                    (C) Distribution between programs.--Funds 
                authorized to be appropriated under paragraph (2) shall 
                be distributed under subparagraph (A) among programs, 
                projects, and activities referenced in such 
                subparagraph in the ratio that--
                            (i) the amount authorized to be 
                        appropriated out of the Highway Trust Fund 
                        (other than the Mass Transit Account) for such 
                        program, project, or activity for fiscal year 
                        2009; bear to
                            (ii) the amount authorized to be 
                        appropriated out of the Highway Trust Fund 
                        (other than the Mass Transit Account) for all 
                        such programs, projects, and activities for 
                        fiscal year 2009.
                    (D) Contract authority.--
                            (i) In general.--Except as provided in 
                        clause (ii), funds authorized to be 
                        appropriated under this subsection shall be 
                        available for obligation in the same manner as 
                        if such funds were apportioned under chapter 1 
                        of title 23, United States Code, and subject to 
                        a limitation on obligations for Federal-aid 
                        highways and highway safety construction 
                        programs included in an Act making 
                        appropriations for fiscal year 2010.
                            (ii) Exceptions.--
                                    (I) In general.--A limitation on 
                                obligations described in clause (i) 
                                shall not apply to any obligation 
                                under--
                                            (aa) section 125 of title 
                                        23, United States Code; or
                                            (bb) section 105 of title 
                                        23, United States Code, but 
                                        only in an amount equal to 
                                        $639,000,000.
                                    (II) Special rules.--Except as 
                                otherwise expressly provided by this 
                                title, any special rule that applied in 
                                fiscal year 2009 to any program, 
                                project, or activity for which funds 
                                are authorized to be appropriated under 
                                paragraph (2) shall continue to apply 
                                through September 30, 2010.
            (4) Extension and flexibility for certain allocated 
        programs.--
                    (A) Fiscal year 2010.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, for fiscal year 2010, the 
                        portion of the share of funds of a State under 
                        paragraph (2) determined by the amount that the 
                        State received or was authorized to receive for 
                        fiscal year 2009 to carry out sections 1307, 
                        1702, and 1934 of SAFETEA-LU (119 Stat. 1217, 
                        1256, and 1485) and section 144(f)(1) of title 
                        23, United States Code, shall be--
                                    (I) made available to the State for 
                                programs specified in section 105(a)(2) 
                                of title 23, United States Code (except 
                                the high priority projects program), 
                                and in the same proportion for each 
                                such program that--
                                            (aa) the amount apportioned 
                                        to the State for that program 
                                        for fiscal year 2009; bears to
                                            (bb) the amount apportioned 
                                        to the State for fiscal year 
                                        2009 for all such programs; and
                                    (II) administered in the same 
                                manner and with the same period of 
                                availability as such funding is 
                                administered under programs identified 
                                in clause (i), except that no funds may 
                                be used to carry out the project 
                                described in section 1307(d)(1) of 
                                SAFETEA-LU (119 Stat. 1217; 122 Stat. 
                                1577).
                            (ii) Territories and puerto rico.--
                                    (I) In general.--Notwithstanding 
                                any other provision of law, the portion 
                                of the share of funds of a territory or 
                                Puerto Rico under paragraph (2) 
                                determined by the amount that the 
                                territory or Puerto Rico received or 
                                was authorized to receive for fiscal 
                                year 2009 to carry out section 1934 of 
                                SAFETEA-LU (119 Stat. 1485), shall be--
                                            (aa) for a territory, made 
                                        available and administered in 
                                        the same manner as funding is 
                                        made available and administered 
                                        under section 215 of title 23, 
                                        United States Code; and
                                            (bb) for Puerto Rico, made 
                                        available and administered in 
                                        the same manner as funding is 
                                        made available and administered 
                                        under section 165 of title 23, 
                                        United States Code.
                                    (II) Territory defined.--In this 
                                clause, the term ``territory'' means 
                                any of the following territories of the 
                                United States: American Samoa, the 
                                Commonwealth of the Northern Mariana 
                                Islands, Guam, or the United States 
                                Virgin Islands.
                    (B) Additional funds.--
                            (i) In general.--No additional funds shall 
                        be provided for any project or activity under 
                        paragraph (3)(A) that the Secretary of 
                        Transportation determines was sufficiently 
                        funded before or during fiscal year 2009 to 
                        achieve the authorized purpose of the project 
                        or activity.
                            (ii) Reservation and redistribution among 
                        states.--
                                    (I) In general.--Funds made 
                                available in accordance with paragraph 
                                (3)(A) for a project or activity 
                                described in clause (i) shall be--
                                            (aa) reserved by the 
                                        Secretary of Transportation; 
                                        and
                                            (bb) apportioned among all 
                                        States such that each State's 
                                        share of funds so apportioned 
                                        is equal to the State's share 
                                        for fiscal year 2009 of funds 
                                        apportioned or allocated for 
                                        the programs specified in 
                                        subclause (II).
                                    (II) Specific programs.--The 
                                programs referred to in subclause (I) 
                                are--
                                            (aa) the programs listed in 
                                        section 105(a)(2) of title 23, 
                                        United States Code;
                                            (bb) the program authorized 
                                        by section 144(f)(1) of such 
                                        title; and
                                            (cc) the program authorized 
                                        by section 1934 of SAFETEA-LU 
                                        (119 Stat. 1485).
                            (iii) Distribution among programs.--Funds 
                        apportioned to a State pursuant to clause (ii) 
                        shall be--
                                    (I) made available to the State for 
                                programs specified in section 105(a)(2) 
                                of title 23, United States Code (except 
                                the high priority projects program), 
                                and in the same proportion for each 
                                such program that--
                                            (aa) the amount apportioned 
                                        to the State for that program 
                                        for fiscal year 2009; bears to
                                            (bb) the amount apportioned 
                                        to the State for fiscal year 
                                        2009 for all such programs; and
                                    (II) administered in the same 
                                manner and with the same period of 
                                availability as such funding is 
                                administered under programs identified 
                                in subclause (I).
                    (C) Competitive distribution of certain 
                discretionary funds.--
                            (i) Projects of national and regional 
                        significance.--Notwithstanding section 1301(m) 
                        of SAFETEA-LU (119 Stat. 1202), the Secretary 
                        shall allocate funds authorized to be 
                        appropriated under paragraph (2) for the 
                        projects of national and regional significance 
                        program on the basis of a competitive selection 
                        process in accordance with sections 1301(d), 
                        1301(e), and 1301(f) of that Act (119 Stat. 
                        1199).
                            (ii) National corridor infrastructure 
                        improvement program.--Notwithstanding section 
                        1302(e) of SAFETEA-LU (119 Stat. 1205), the 
                        Secretary shall allocate funds authorized to be 
                        appropriated under paragraph (2) for the 
                        national corridor infrastructure improvement 
                        program on the basis of a competitive selection 
                        process in accordance with section 1302(b) of 
                        that Act (119 Stat. 1204).
            (5) Extension of authorizations under title v of safetea-
        lu.--
                    (A) In general.--The programs authorized under 
                paragraphs (1) through (5) of section 5101(a) of 
                SAFETEA-LU (119 Stat. 1779) shall be continued for 
                fiscal year 2010 at the funding levels authorized for 
                those programs for fiscal year 2009.
                    (B) Distribution of funds.--Funds for programs 
                continued under subparagraph (A) shall be distributed 
                to major program areas under those programs in the same 
                proportions as funds were allocated for those program 
                areas for fiscal year 2009, except that designations 
                for specific activities shall not be required to be 
                continued for fiscal year 2010.
                    (C) Additional funds.--
                            (i) In general.--No additional funds shall 
                        be provided for any project or activity under 
                        this paragraph that the Secretary of 
                        Transportation determines was sufficiently 
                        funded before or during fiscal year 2009 to 
                        achieve the authorized purpose of the project 
                        or activity.
                            (ii) Distribution.--Funds that would have 
                        been made available under subparagraph (A) for 
                        a project or activity but for the prohibition 
                        under clause (i) shall be distributed in 
                        accordance with subparagraph (B).
    (b) Administrative Expenses.--
            (1) Authorization of contract authority.--Notwithstanding 
        any other provision of this title or any other law, there is 
        authorized to be appropriated from the Highway Trust Fund 
        (other than the Mass Transit Account), $420,562,000 for 
        administrative expenses of the Federal-aid highway program for 
        fiscal year 2010.
            (2) Contract authority.--Funds authorized to be 
        appropriated by this subsection shall be--
                    (A) available for obligation, and shall be 
                administered, in the same manner as if such funds were 
                apportioned under chapter 1 of title 23, United States 
                Code, except that such funds shall remain available 
                until expended; and
                    (B) subject to a limitation on obligations for 
                Federal-aid highways and highway safety construction 
                programs included in an Act making appropriations for 
                fiscal year 2010.
    (c) Reconciliation of Funds.--The Secretary shall reduce the amount 
apportioned or allocated for a program, project, or activity continued 
under this section by any amount apportioned or allocated for such 
program, project, or activity pursuant to the Continuing Appropriations 
Resolution, 2010 (Public Law 111-68).
    (d) References.--Except as otherwise expressly provided, any 
reference in this section to an Act, or a provision contained in an 
Act, shall be considered to include the amendments made by that Act or 
provision.

extension of highway safety programs of national highway traffic safety 
                             administration

    Sec. 2003.  (a) Chapter 4 Highway Safety Programs.--Section 
2001(a)(1) of SAFETEA-LU (119 Stat. 1519) is amended--
            (1) by striking ``and''; and
            (2) by inserting after ``2009'' the following: ``, and 
        $235,000,000 for fiscal year 2010''.
    (b) Highway Safety Research and Development.--Section 2001(a)(2) of 
such Act (119 Stat. 1519) is amended--
            (1) by striking ``and''; and
            (2) by inserting after ``2009'' the following: ``, and 
        $105,500,000 for fiscal year 2010''.
    (c) Occupant Protection Incentive Grants.--
            (1) Extension of program.--Section 405 of title 23, United 
        States Code, is amended--
                    (A) in subsection (a)(3) by striking ``6'' and 
                inserting ``7''; and
                    (B) in subsection (a)(4)(C) by striking ``in each 
                of the fifth and sixth fiscal years beginning after 
                September 30, 2003,'' and inserting ``in each 
                subsequent fiscal year''.
            (2) Authorization of appropriations.--Section 2001(a)(3) of 
        such Act (119 Stat. 1519) is amended--
                    (A) by striking ``and''; and
                    (B) by inserting after ``2009'' the following: ``, 
                and $25,000,000 for fiscal year 2010''.
    (d) Safety Belt Performance Grants.--
            (1) Extension of program.--Section 406(c)(1) of title 23, 
        United States Code, is amended by striking ``2009'' and 
        inserting ``2010''.
            (2) Authorization of appropriations.--Section 2001(a)(4) of 
        such Act (119 Stat. 1519) is amended--
                    (A) by striking ``and''; and
                    (B) by inserting after ``2009'' the following: ``, 
                and $124,500,000 for fiscal year 2010''.
    (e) State Traffic Safety Information System Improvements.--Section 
2001(a)(5) of such Act (119 Stat. 1519) is amended--
            (1) by striking ``and''; and
            (2) by inserting after ``2009'' the following: ``, and 
        $34,500,000 for fiscal year 2010''.
    (f) Alcohol-Impaired Driving Countermeasures Incentive Grant 
Program.--
            (1) Extension of program.--Section 410 of title 23, United 
        States Code, is amended--
                    (A) in subsection (a)(3)(C) by striking ``in each 
                of the fifth, sixth, seventh, and eighth fiscal years'' 
                and inserting ``in each subsequent fiscal year''; and
                    (B) in subsection (b)(2)(C) by striking ``and 
                2009'' and inserting ``, 2009, and 2010''.
            (2) Authorization of appropriations.--Section 2001(a)(6) of 
        such Act (119 Stat. 1519) is amended--
                    (A) by striking ``and''; and
                    (B) by inserting after ``2009'' the following: ``, 
                and $139,000,000 for fiscal year 2010''.
    (g) National Driver Register.--Section 2001(a)(7) of such Act (119 
Stat. 1520) is amended--
            (1) by striking ``and''; and
            (2) by inserting after ``2009'' the following: ``, and 
        $4,000,000 for fiscal year 2010''.
    (h) High Visibility Enforcement Program.--
            (1) Extension of program.--Section 2009(a) of such Act (23 
        U.S.C. 402 note; 119 Stat. 1535) is amended by striking 
        ``2009'' and inserting ``2010''.
            (2) Authorization of appropriations.--Section 2001(a)(8) of 
        such Act (119 Stat. 1520) is amended--
                    (A) by striking ``and''; and
                    (B) by inserting after ``2009'' the second place it 
                appears the following: ``, and $29,000,000 for fiscal 
                year 2010''.
    (i) Motorcyclist Safety.--
            (1) Extension of program.--Section 2010(d)(1)(B) of such 
        Act (23 U.S.C. 402 note; 119 Stat. 1536) is amended by striking 
        ``and fourth'' and inserting ``fourth, and fifth''.
            (2) Authorization of appropriations.--Section 2001(a)(9) of 
        such Act (119 Stat. 1520) is amended--
                    (A) by striking ``and''; and
                    (B) by inserting after ``2009'' the following: ``, 
                and $7,000,000 for fiscal year 2010''.
    (j) Child Safety and Child Booster Seat Safety Incentive Grants.--
            (1) Extension of program.--Section 2011(c)(2) of such Act 
        (23 U.S.C. 405 note; 119 Stat. 1538) is amended by striking 
        ``fourth fiscal year'' and inserting ``fourth and fifth fiscal 
        years''.
            (2) Authorization of appropriations.--Section 2001(a)(10) 
        of such Act (119 Stat. 1520) is amended--
                    (A) by striking ``and''; and
                    (B) by inserting after ``2009'' the following: ``, 
                and $7,000,000 for fiscal year 2010''.
    (k) Administrative Expenses.--Section 2001(a)(11) of such Act (119 
Stat. 1520) is amended--
            (1) by striking ``and'' the last place it appears; and
            (2) by inserting after ``2009'' the following: ``, and 
        $18,500,000 for fiscal year 2010''.
    (l) Applicability of Title 23.--Section 2001(c) of such Act (119 
Stat. 1520) is amended by striking ``2009'' and inserting ``2010''.
    (m) Drug-impaired Driving Enforcement.--Section 2013(f) of such Act 
(23 U.S.C. 403 note; 119 Stat. 1540) is amended by striking ``2009'' 
and inserting ``2010''.
    (n) Older Driver Safety; Law Enforcement Training.--Section 2017 of 
such Act (23 U.S.C. 402 note; 119 Stat. 1541) is amended--
            (1) in subsection (a)(1) by striking ``2009'' and inserting 
        ``2010''; and
            (2) in subsection (b)(2) by striking ``2009'' and inserting 
        ``2010''.

   extension of federal motor carrier safety administration programs

    Sec. 2004.  (a) Motor Carrier Safety Grants.--Section 31104(a) of 
title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) $212,070,000 for fiscal year 2010.''.
    (b) Administrative Expenses.--Section 31104(i)(1) of title 49, 
United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) $239,828,000 for fiscal year 2010.''.
    (c) High Priority Activities.--Section 31104(k)(2) of title 49, 
United States Code, is amended by striking ``2009'' and inserting 
``2010''.
    (d) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 1715) 
is amended--
            (1) in paragraph (1) by striking ``2009'' and inserting 
        ``2010'';
            (2) in paragraph (2) by striking ``and 2009'' and inserting 
        ``2009, and 2010'';
            (3) in paragraph (3) by striking ``and 2009'' and inserting 
        ``2009, and 2010'';
            (4) in paragraph (4) by striking ``2009'' and inserting 
        ``2010''; and
            (5) in paragraph (5) by striking ``2009'' and inserting 
        ``2010''.
    (e) Commercial Driver's License Information System Modernization.--
Section 4123(d) of SAFETEA-LU (119 Stat. 1736) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) $8,000,000 for fiscal year 2010.''.
    (f) Outreach and Education.--Section 4127(e) of such Act (119 Stat. 
1741) is amended by striking ``and 2009'' and inserting ``2009, and 
2010''.
    (g) Grant Program for Commercial Motor Vehicle Operators.--Section 
4134(c) of such Act (119 Stat. 1744) is amended by striking ``2009'' 
and inserting ``2010''.
    (h) Working Group for Development of Practices and Procedures to 
Enhance Federal-State Relations.--Section 4213(d) of such Act (119 
Stat. 1759) is amended by striking ``2009'' and inserting ``2010''.
    (i) Office of Intermodalism.--Section 5503(i) of title 49, United 
States Code, is amended by striking ``2009'' and inserting ``2010''.

            extension of federal transit assistance programs

    Sec. 2005.  (a) Extension of Transit Programs.--Except as otherwise 
provided in this title, requirements, authorities, conditions, 
eligibilities, limitations, and other provisions authorized under title 
III of SAFETEA-LU (119 Stat. 1544), the SAFETEA-LU Technical 
Corrections Act of 2008 (122 Stat. 1572), title III of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 Stat. 2087), title 
III of the Transportation Equity Act for the 21st Century (112 Stat. 
338), and chapter 53 of title 49, United States Code, which would 
otherwise expire on or cease to apply after September 30, 2009, or the 
date specified in section 106(3) of the Continuing Appropriations 
Resolution, 2010 (Public Law 111-68), are incorporated by reference and 
shall continue in effect through September 30, 2010.
    (b) Authorizations.--For fiscal year 2010--
            (1) there shall be available from the Mass Transit Account 
        of the Highway Trust Fund $8,343,171,000 for each Federal 
        transit assistance program under section 5338(b) of title 49, 
        United States Code, to be allocated among such programs in 
        proportion to the amounts provided for each such program in 
        fiscal year 2009; and
            (2) there is authorized to be appropriated $2,164,581,000 
        for each Federal transit program under subsections (c) and (d) 
        of section 5338 of title 49, United States Code, and for 
        administrative expenses under subsection (e) of such section.
    (c) Exceptions.--
            (1) Projects for bus and bus-related facilities and clean 
        fuels grant program.--The project designations contained in 
        section 3044 of SAFETEA-LU (119 Stat. 1652) shall not apply to 
        funds made available under subsection (b)(1).
            (2) Allocations for national research and technology 
        programs.--A program, project, or activity identified in 
        section 3046 of SAFETEA-LU (119 Stat. 1706) that the Secretary 
        of Transportation determines was sufficiently funded before or 
        during fiscal year 2009 to achieve the authorized purpose of 
        the program, project, or activity shall not be eligible for 
        funds authorized to be appropriated under subsection (b)(2).
    (d) Contract Authority.--A grant or contract approved by the 
Secretary and financed with amounts made available from the Mass 
Transit Account of the Highway Trust Fund through September 30, 2010, 
to carry out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 
5320, 5335, 5339 and 5340 of title 49, United States Code, and section 
3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 
5310 note; 112 Stat. 392) is a contractual obligation of the Government 
to pay the Federal share of the cost of the project.
    (e) Reconciliation of Funds.--The Secretary shall reduce the amount 
apportioned or allocated for a program, project, or activity continued 
under this section by any amount apportioned or allocated for such 
program, project, or activity pursuant to the Continuing Appropriation 
Resolution, 2010 (Public Law 111-68).
    (f) References.--Except as otherwise expressly provided, any 
reference in this section to an Act, or a provision contained in an 
Act, shall be considered to include the amendments made by that Act or 
provision.

                        boating safety extension

    Sec. 2006. Section 4 of the Dingell-Johnson Sport Fish Restoration 
Act (16 U.S.C. 777c) is amended--
            (1) in subsection (a) by striking ``2009, and the period 
        from October 1, 2009, through the date specified in section 
        106(3) of the first Continuing Appropriations Resolution for 
        Fiscal Year 2010 enacted into law,'' and inserting ``2010,''; 
        and
            (2) in subsection (b)(1)(A) by striking ``2009 and the 
        period from October 1, 2009, through the date specified in 
        section 106(3) of the first Continuing Appropriations 
        Resolution for Fiscal Year 2010 enacted into law,'' and 
        inserting ``2010,''.

                    level of obligation limitations

    Sec. 2007.  (a) Highway Category.--Section 8003(a) of SAFETEA-LU 
(119 Stat. 1917) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) for fiscal year 2010, $42,469,970,178.''.
    (b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU (119 
Stat. 1917) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (5) the following:
            ``(6) for fiscal year 2010, $10,338,065,000.''.

                      hazardous materials research

    Sec. 2008. Section 7131(c) of SAFETEA-LU (119 Stat. 1910) is 
amended by striking ``2009'' and inserting ``2010''.

   extension and expansion of expenditure authority from trust funds

    Sec. 2009.  (a) Highway Trust Fund.--
            (1) Highway account.--Paragraph (1) of section 9503(c) of 
        the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``September 30, 2009 (October 1, 
                2009'' and inserting ``September 30, 2010 (October 1, 
                2010'', and
                    (B) by striking ``under'' and all that follows and 
                inserting ``under the Surface Transportation Extension 
                Act of 2009 or any other provision of law which was 
                referred to in this paragraph before the date of the 
                enactment of such Act (as such Act and provisions of 
                law are in effect on the date of the enactment of such 
                Act).''.
            (2) Mass transit account.--Paragraph (3) of section 9503(e) 
        of such Code is amended--
                    (A) by striking ``October 1, 2009'' and inserting 
                ``October 1, 2010'', and
                    (B) by striking ``in accordance with'' and all that 
                follows and inserting ``in accordance with the Surface 
                Transportation Extension Act of 2009 or any other 
                provision of law which was referred to in this 
                paragraph before the date of the enactment of such Act 
                (as such Act and provisions of law are in effect on the 
                date of the enactment of such Act).''.
            (3) Exception to limitation on transfers.--Subparagraph (B) 
        of section 9503(b)(6) of such Code is amended by striking 
        ``September 30, 2009 (October 1, 2009'' and inserting 
        ``September 30, 2010 (October 1, 2010''.
    (b) Sport Fish Restoration and Boating Trust Fund.--
            (1) In general.--Paragraph (2) of section 9504(b) of such 
        Code is amended--
                    (A) by striking ``(as in effect'' in subparagraph 
                (A) and all that follows in such subparagraph and 
                inserting ``(as in effect on the date of the enactment 
                of the Surface Transportation Extension Act of 
                2009),'',
                    (B) by striking ``(as in effect'' in subparagraph 
                (B) and all that follows in such subparagraph and 
                inserting ``(as in effect on the date of the enactment 
                of the Surface Transportation Extension Act of 2009), 
                and'', and
                    (C) by striking ``(as in effect'' in subparagraph 
                (C) and all that follows in such subparagraph and 
                inserting ``(as in effect on the date of the enactment 
                of the Surface Transportation Extension Act of 
                2009).''.
            (2) Exception to limitation on transfers.--Paragraph (2) of 
        section 9504(d) of such Code is amended by striking ``October 
        1, 2009'' and inserting ``October 1, 2010''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on September 30, 2009.

              determination of highway trust fund balances

    Sec. 2010.  (a) Restoration of Certain Foregone Interest to Highway 
Trust Fund.--Subsection (f) of section 9503 of the Internal Revenue 
Code of 1986 (relating to determination of trust fund balances after 
September 30, 1998) is amended--
            (1) by striking paragraph (2); and
            (2) by adding at the end the following new paragraph:
            ``(2) Restoration of foregone interest.--Out of money in 
        the Treasury not otherwise appropriated, there is hereby 
        appropriated (without fiscal year limitation)--
                    ``(A) $14,700,000,000 to the Highway Account (as 
                defined in subsection (e)(5)(B)) of the Highway Trust 
                Fund, and
                    ``(B) $4,800,000,000 to the Mass Transit Account of 
                the Highway Trust Fund.''.
    (b) Repeal of Provision Prohibiting Crediting of Interest to 
Highway Trust Fund.--
            (1) In general.--Paragraph (1) of section 9503(f) of such 
        Code is amended by striking subparagraph (B).
            (2) Conforming amendments.--Such paragraph, as amended by 
        paragraph (1), is further amended--
                    (A) by striking ``, and'' at the end of 
                subparagraph (A) and inserting a period, and
                    (B) by striking ``1998'' in the matter preceding 
                subparagraph (A) and all that follows through ``the 
                opening balance'' and inserting ``1998, the opening 
                balance''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

 repeal of transfers from highway trust fund for repayments and credits

    Sec. 2011.  (a) In General.--Subsection (c) of section 9503 of the 
Internal Revenue Code of 1986 is amended by striking paragraph (2) and 
by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), 
(3), (4), and (5).
    (b) Conforming Amendments.--
            (1) Section 9502(a) of such Code is amended by striking 
        ``section 9503(c)(7)'' and inserting ``section 9503(c)(5)''.
            (2) Section 9503(b)(4)(D) of such Code is amended by 
        striking ``paragraph (4)(D) or (5)(B)'' and inserting 
        ``paragraph (3)(D) or (4)(B)''.
            (3) Section 9503(c)(2) of such Code, as redesignated by 
        subsection (a), is amended by adding at the end the following 
        sentence: ``The amounts payable from the Highway Trust Fund 
        under the preceding sentence shall be determined by taking into 
        account only the portion of the taxes which are deposited into 
        the Highway Trust Fund.''.
            (4) Section 9503(e)(5)(A) of such Code is amended by 
        striking ``paragraphs (2), (3), and (4)'' and inserting 
        ``paragraphs (2) and (3)''.
            (5) Section 9504(a) of such Code is amended by striking 
        ``section 9503(c)(4), section 9503(c)(5)'' and inserting 
        ``section 9503(c)(3), section 9503(c)(4)''.
            (6) Section 9504(b)(2) of such Code is amended by striking 
        ``section 9503(c)(5)'' and inserting ``section 9503(c)(4)''.
            (7) Section 9504(e) of such Code is amended by striking 
        ``section 9503(c)(4)'' and inserting ``section 9503(c)(3)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid, and credits allowed with respect to fuel used, 
in calendar quarters beginning after the date of the enactment of this 
Act.

                             federal share

    Sec. 2012.  (a) In General.--Notwithstanding any other provision of 
law, the Federal share of the cost of a covered project or activity (or 
portion of a covered project or activity) funded with amounts obligated 
during the period beginning on the date of enactment of this Act and 
ending on September 30, 2010, shall be, at the option of the recipient, 
up to 100 percent.
    (b) Covered Project or Activity Defined.--
            (1) In general.--In this section, the term ``covered 
        project or activity'' means a project or activity eligible for 
        assistance under titles I through VI of SAFETEA-LU (119 Stat. 
        1144), the SAFETEA-LU Technical Corrections Act of 2008 (122 
        Stat. 1572), titles I through VI of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 1914), titles 
        I through V of the Transportation Equity Act for the 21st 
        Century (112 Stat. 107), title 23, United States Code, chapter 
        53 of title 49, United States Code, chapter 303 of title 49, 
        United States Code, or part B of subtitle VI of title 49, 
        United States Code.
            (2) Exclusions.--Notwithstanding paragraph (1), the term 
        does not include a project or activity funded pursuant to--
                    (A) section 1301 or 1302 of SAFETEA-LU (119 Stat. 
                1198, 1204);
                    (B) section 5309(d) or 5309(e) of title 49, United 
                States Code;
                    (C) the national infrastructure investments program 
                in the Office of the Secretary of Transportation; or
                    (D) section 122 of the Department of Transportation 
                Appropriations Act, 2010.
    (c) References.--Any reference in this section to an Act, or a 
provision contained in an Act, shall be considered to include the 
amendments made by that Act or provision.

buy america requirements for highway and public transportation projects

    Sec. 2013.  (a) Highways.--Section 313 of title 23, United States 
Code, is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (e) through (h), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Requirements for Issuance of Waivers.--
            ``(1) Public interest waivers.--The Secretary may issue a 
        waiver under subsection (b)(1) only after the Secretary has 
        considered the potential impacts of the waiver on domestic 
        manufacturing employment.
            ``(2) Insufficient domestic source waivers.--The Secretary 
        may issue a waiver under subsection (b)(2) with respect to a 
        material or product only if the Secretary publishes notice of 
        the waiver on the Internet for a period of at least 5 business 
        days prior to issuance of the waiver and a sufficient domestic 
        source of the material or product does not identify itself 
        during the period.
    ``(d) Transparency of Waivers.--
            ``(1) In general.--When the Secretary receives a written 
        request for a waiver under this section, the Secretary shall--
                    ``(A) publish the request on the Internet within 5 
                business days of the date of receipt of the request; 
                and
                    ``(B) if the Secretary decides to issue a waiver 
                based on the request, publish on the Internet, within 
                30 days following the date of issuance of the waiver, a 
                detailed written justification as to why the waiver is 
                necessary, including an identification of the amount of 
                Federal funds associated with the waiver.
            ``(2) Employment impact statement.--In issuing a waiver 
        based on a finding under subsection (b)(1), the Secretary shall 
        include, as part of the Secretary's written justification for 
        the waiver decision, a statement detailing the short- and long-
        term impact of the decision on domestic manufacturing 
        employment.''; and
            (3) by adding at the end the following:
    ``(i) Application to Bridge Projects.--In the case of a bridge 
project, the requirements of this section apply to all construction 
contracts carried out within the scope of the applicable decision under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and carried out on the bridge from abutment to abutment (including the 
abutments) regardless of the funding source of the contracts if at 
least one contract for construction with respect to the bridge is 
funded with amounts made available under this title.''.
    (b) Public Transportation.--Section 5323(j) of title 49, United 
States Code, is amended--
            (1) in paragraph (2)(C) in the matter preceding clause (i) 
        by inserting ``, but excluding a rolling stock prototype'' 
        after ``equipment'';
            (2) by redesignating paragraphs (3) through (9) as 
        paragraphs (5) through (11), respectively; and
            (3) by inserting after paragraph (2) the following:
            ``(3) Requirements for issuance of waiver.--
                    ``(A) Public interest waivers.--The Secretary may 
                issue a waiver under paragraph (2)(A) only after the 
                Secretary has considered the potential impacts of the 
                waiver on domestic manufacturing employment.
                    ``(B) Insufficient domestic source waivers.--The 
                Secretary may issue a waiver under paragraph (2)(B) 
                with respect to a material or product only if the 
                Secretary publishes notice of the waiver on the 
                Internet for a period of at least 5 business days prior 
                to issuance of the waiver and a sufficient domestic 
                source of the material or product does not identify 
                itself during the period.
            ``(4) Transparency of waivers.--
                    ``(A) In general.--When the Secretary receives a 
                written request for a waiver under this subsection, the 
                Secretary shall--
                            ``(i) publish the request on the Internet 
                        within 5 business days of the date of receipt 
                        of the request; and
                            ``(ii) if the Secretary decides to issue a 
                        waiver based on the request, publish on the 
                        Internet, within 30 days following the date of 
                        issuance of the waiver, a detailed written 
                        justification as to why the waiver is 
                        necessary, including an identification of the 
                        amount of Federal funds associated with the 
                        waiver.
                    ``(B) Employment impact statement.--In issuing a 
                waiver based on a finding under paragraph (2)(A), the 
                Secretary shall include, as part of the Secretary's 
                written justification of the waiver decision, a 
                statement detailing the short- and long-term impact of 
                the decision on domestic manufacturing employment.''.
    (c) Implementation.--
            (1) Final guidance.--Not later than 120 days after the date 
        of enactment of this Act, the Secretary shall issue final 
        guidance to carry out the amendments made by this section.
            (2) Effective date.--The requirements of the amendments 
        made by subsections (a) and (b) shall begin to apply only after 
        issuance of final guidance by the Secretary under paragraph 
        (1).
    (d) Semiannual Report.--Not later than 6 months after the date of 
enactment of this Act, and semiannually thereafter through September 
30, 2011, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Education and 
Labor of the House of Representatives and the Committee on Environment 
and Public Works, the Committee on Banking, Housing, and Urban Affairs, 
and the Committee on Health, Education, Labor, and Pensions of the 
Senate a report on the number of waivers issued by the Secretary of 
Transportation under section 313(b) of title 23, United States Code, 
and section 5323(j)(2) of title 49, United States Code, the reasons 
relied upon for issuing the waivers, and the amount of Federal funds 
associated with each waiver and in total for the period examined.

           TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS

              CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

                       DEPARTMENT OF AGRICULTURE

                    General Provision, This Chapter

  relief for discrimination in a credit program of the department of 
           agriculture under the equal credit opportunity act

    Sec. 3101.  (a) In General.--To the extent permitted by the 
Constitution, and notwithstanding any other period of limitations, in 
the case of an eligible complaint alleging discrimination in violation 
of the Equal Credit Opportunity Act (15 U.S.C. 1691) involving a credit 
program of the Department of Agriculture, a complainant may, before the 
end of the filing period--
            (1) file a civil action under subsection (c); or
            (2) request administrative review under subsection (d).
    (b) Eligible Complaint.--For purposes of this section, the term 
``eligible complaint'' means any written complaint--
            (1) that is not employment related;
            (2) that was filed with the Department of Agriculture after 
        December 31, 1997, and before the earlier of--
                    (A) 2 years after the date of the alleged violation 
                of the Equal Credit Opportunity Act; and
                    (B) the date of the enactment of this Act; and
            (3) with respect to which the complainant--
                    (A) was not a party to the consent decree in the 
                case entitled ``Pigford v. Glickman'', approved by the 
                United States District Court for the District of 
                Columbia on April 14, 1999; and
                    (B) has not obtained relief from the Department of 
                Agriculture or a court of competent jurisdiction.
    (c) Civil Action.--A civil action may be filed under this 
subsection if, with respect to the eligible complaint, the 
complainant--
            (1) has not requested administrative review; or
            (2) has requested administrative review, and the Secretary, 
        with respect to each request, has either--
                    (A) issued a determination; or
                    (B) failed to issue a determination by a date that 
                is 180 days after the date such request was made.
    (d) Administrative Review.--Administrative review may be requested 
under this subsection as follows:
            (1) Determination on the merits.--A complainant may request 
        a determination on the merits if the complainant, with respect 
        to the eligible complaint, has not filed a civil action.
            (2) Hearing on the record.--A complainant may request a 
        hearing on the record if the complainant, with respect to the 
        eligible complaint--
                    (A) has not filed a civil action;
                    (B) has requested a determination on the merits, 
                and the Secretary has not issued such determination by 
                the issuance deadline in subsection (f)(2)(A); and
                    (C) requests such hearing no later than 180 days 
                after the issuance deadline in subsection (f)(2)(A).
    (e) Informal Resolution.--Notwithstanding any other provision of 
this section, the Secretary may informally resolve an eligible 
complaint with a complainant.
    (f) Special Rules for Administrative Review.--For purposes of this 
section:
            (1) Requests for administrative review.--A request for 
        administrative review shall be--
                    (A) in writing; and
                    (B) filed in accordance with procedures established 
                by the Secretary.
            (2) Responsibility of secretary.--If a complainant requests 
        a determination on the merits under subsection (d)(1), then, 
        unless a complainant, with respect to the eligible complaint, 
        files a civil action or requests a hearing on the record, the 
        Secretary shall, with respect to the eligible complaint, take 
        the following actions:
                    (A) Issuance of determination.--The Secretary 
                shall, not later than an issuance deadline that is 1 
                year after the date on which the complainant requests a 
                determination on the merits--
                            (i) investigate the eligible complaint; and
                            (ii) issue a written determination.
                    (B) Notice of failure to issue timely 
                determination.--If the Secretary does not issue a 
                written determination by the issuance deadline in 
                subparagraph (A), the Secretary shall promptly issue to 
                the complainant, in writing and by registered mail, 
                notice--
                            (i) that the Secretary has not issued a 
                        timely determination; and
                            (ii) of the period of time during which the 
                        complainant may bring a civil action or request 
                        a hearing on the record.
            (3) Finality of determination with respect to hearing on 
        the record.--A determination with respect to a hearing on the 
        record shall be final.
            (4) Judicial review of administrative determination.--A 
        determination on the merits or a determination with respect to 
        a hearing on the record shall be subject to de novo review.
    (g) Filing Period.--
            (1) In general.--For purposes of this section, the term 
        ``filing period'' means the 2-year period beginning on the date 
        of enactment of this Act.
            (2) Tolling.--The running of the filing period in paragraph 
        (1), for the purpose of filing a civil action under subsection 
        (c) or requesting a hearing on the record under subsection 
        (d)(2), shall be tolled for the period that, with respect to 
        the eligible complaint--
                    (A) begins on the date of a request for a 
                determination on the merits; and
                    (B) ends on the date on which the Secretary issues 
                a determination with respect to a determination on the 
                merits or a hearing on the record.
    (h) Relief.--
            (1) Amount.--Subject to paragraph (2), a complainant shall, 
        under subsection (a), and may, under subsection (e), be awarded 
        such relief as the complainant would be afforded under the 
        Equal Credit Opportunity Act, including--
                    (A) actual damages;
                    (B) the costs of the action, together with a 
                reasonable attorney's fee; and
                    (C) debt relief, including--
                            (i) write-downs or write-offs of the 
                        principal on a loan;
                            (ii) write-downs or write-offs of the 
                        interest on a loan;
                            (iii) reduction of the interest rate on a 
                        loan;
                            (iv) waiver or reduction of penalties with 
                        respect to a loan; or
                            (v) other modification of the terms of a 
                        loan.
            (2) Limitations on relief.--
                    (A) In general.--The total amount awarded under 
                this section for all claims shall not exceed 
                $100,000,000.
                    (B) Actual damages, costs, and attorney's fees.--
                The sum of the total amount awarded under paragraph 
                (1)(A) for all claims, plus the total amount awarded 
                under paragraph (1)(B) for all claims, shall not exceed 
                $40,000,000.
                    (C) Debt relief.--The total amount awarded under 
                paragraph (1)(C) for all claims shall not exceed 
                $60,000,000.
            (3) Exemption from taxation.--Any award under clauses (ii), 
        (iii), or (iv) of subparagraph (C) of paragraph (1) shall not 
        be included in gross income for purposes of chapter 1 of the 
        Internal Revenue Code of 1986.
    (i) Funding.--
            (1) There is hereby appropriated to the Secretary, for 
        relief awarded under subsection (h)(1), $100,000,000, to remain 
        available until expended.
            (2) Of the funds derived from interest on the cushion of 
        credit payments including funds in the current fiscal year, as 
        authorized by section 313 of the Rural Electrification Act of 
        1936, an additional $100,000,000 shall not be obligated and an 
        additional $100,000,000 are rescinded.
    (j) Secretary.--For purposes of this section, the term 
``Secretary'' means the Secretary of Agriculture.

          CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                     Small Business Administration

                     business loans program account

    For an additional amount for ``Business Loans Program Account'' for 
fee reductions and eliminations under section 501 of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and 
for the cost of guaranteed loans under section 502 of such division, 
$354,000,000: Provided, That such cost shall be as defined in section 
502 of the Congressional Budget Act of 1974: Provided further, That 
authority to guarantee loans under section 502 of division A of the 
American Recovery and Reinvestment Act of 2009 shall remain in effect 
through September 30, 2010, notwithstanding subsection (f) of such 
section.

                    General Provision, This Chapter

                              rescissions

    Sec. 3201. The following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            (1) ``National Telecommunications and Information 
        Administration--Digital-to-Analog Converter Box Program'' in 
        the Department of Commerce, $111,000,000.
            (2) ``Special Supplemental Nutrition Program for Women, 
        Infants, and Children (WIC)'' of the Department of Agriculture, 
        $243,000,000, to be derived from unobligated balances available 
        from amounts placed in reserve in title I of division A of the 
        American Recovery and Reinvestment Act of 2009 (Public Law 111-
        5; 123 Stat. 115).

       CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                    General Provisions, This Chapter

       assistance for unemployed workers and struggling families

    Sec. 3301.  (a)(1) Section 4007 of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
            (A) by striking ``December 31, 2009'' each place it appears 
        and inserting ``June 30, 2010'';
            (B) in the heading for subsection (b)(2), by striking 
        ``December 31, 2009'' and inserting ``June 30, 2010''; and
            (C) in subsection (b)(3), by striking ``May 31, 2010'' and 
        inserting ``November 30, 2010''.
    (2) Section 2002(e) of the Assistance for Unemployed Workers and 
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 
3304 note; 123 Stat. 438), is amended--
            (A) in paragraph (1)(B), by striking ``January 1, 2010'' 
        and inserting ``July 1, 2010'';
            (B) in the heading for paragraph (2), by striking ``January 
        1, 2010'' and inserting ``July 1, 2010''; and
            (C) in paragraph (3), by striking ``June 30, 2010'' and 
        inserting ``December 31, 2010''.
    (3) Section 2005 of the Assistance for Unemployed Workers and 
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 
3304 note; 123 Stat. 444), is amended--
            (A) by striking ``January 1, 2010'' each place it appears 
        and inserting ``July 1, 2010''; and
            (B) in subsection (c), by striking ``June 1, 2010'' and 
        inserting ``December 1, 2010''.
    (4) Section 5 of the Unemployment Compensation Extension Act of 
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking 
``May 30, 2010'' and inserting ``November 30, 2010''.
    (b) Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``by 
reason of'' and all that follows and inserting the following: ``by 
reason of--
                    ``(A) the amendments made by section 2001(a) of the 
                Assistance for Unemployed Workers and Struggling 
                Families Act;
                    ``(B) the amendments made by sections 2 through 4 
                of the Worker, Homeownership, and Business Assistance 
                Act of 2009; and
                    ``(C) the amendments made by section 3301(a)(1) of 
                the Jobs for Main Street Act, 2010; and''.

   extension and improvement of premium assistance for cobra benefits

    Sec. 3302.  (a) Extension of Eligibility Period.--Subsection 
(a)(3)(A) of section 3001 of division B of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) is amended by striking 
``December 31, 2009'' and inserting ``June 30, 2010''.
    (b) Extension of Maximum Duration of Assistance.--Subsection 
(a)(2)(A)(ii)(I) of such section is amended by striking ``9 months'' 
and inserting ``15 months''.
    (c) Rules Related to 2009 Extension.--Subsection (a) of such 
section is further amended by adding at the end the following:
            ``(16) Rules related to 2009 extension.--
                    ``(A) Election to pay premiums retroactively and 
                maintain cobra coverage.--In the case of any premium 
                for a period of coverage during an assistance eligible 
                individual's transition period, such individual shall 
                be treated for purposes of any COBRA continuation 
                provision as having timely paid the amount of such 
                premium if--
                            ``(i) such individual was covered under the 
                        COBRA continuation coverage to which such 
                        premium relates for the period of coverage 
                        immediately preceding such transition period, 
                        and
                            ``(ii) such individual pays, not later than 
                        60 days after the date of the enactment of this 
                        paragraph (or, if later, 30 days after the date 
                        of provision of the notification required under 
                        subparagraph (D)(ii)), the amount of such 
                        premium, after the application of paragraph 
                        (1)(A).
                    ``(B) Refunds and credits for retroactive premium 
                assistance eligibility.--In the case of an assistance 
                eligible individual who pays, with respect to any 
                period of COBRA continuation coverage during such 
                individual's transition period, the premium amount for 
                such coverage without regard to paragraph (1)(A), rules 
                similar to the rules of paragraph (12)(E) shall apply.
                    ``(C) Transition period.--
                            ``(i) In general.--For purposes of this 
                        paragraph, the term `transition period' means, 
                        with respect to any assistance eligible 
                        individual, any period of coverage if--
                                    ``(I) such period begins before the 
                                date of the enactment of this 
                                paragraph, and
                                    ``(II) paragraph (1)(A) applies to 
                                such period by reason of the amendment 
                                made by section 3302(b) of the Jobs for 
                                Main Street Act, 2010.
                            ``(ii) Construction.--Any period during the 
                        period described in subclauses (I) and (II) of 
                        clause (i) for which the applicable premium has 
                        been paid pursuant to subparagraph (A) shall be 
                        treated as a period of coverage referred to in 
                        such paragraph, irrespective of any failure to 
                        timely pay the applicable premium (other than 
                        pursuant to subparagraph (A)) for such period.
                    ``(D) Notification.--
                            ``(i) In general.--In the case of an 
                        individual who was an assistance eligible 
                        individual at any time on or after October 31, 
                        2009, or experiences a qualifying event 
                        (consisting of a reduction of hours or 
                        termination of employment) relating to COBRA 
                        continuation coverage on or after such date, 
                        the administrator of the group health plan (or 
                        other entity) involved shall provide an 
                        additional notification with information 
                        regarding the amendments made by the Jobs for 
                        Main Street Act, 2010 within 60 days after the 
                        date of the enactment of such Act or, in the 
                        case of a qualifying event occurring after such 
                        date of enactment, consistent with the timing 
                        of notifications under paragraph (7)(A).
                            ``(ii) To individuals who lost 
                        assistance.--In the case of an assistance 
                        eligible individual described in subparagraph 
                        (A)(i) who did not timely pay the premium for 
                        any period of coverage during such individual's 
                        transition period or paid the premium for such 
                        period without regard to paragraph (1)(A), the 
                        administrator of the group health plan (or 
                        other entity) involved shall provide to such 
                        individual, within the first 60 days of such 
                        individual's transition period, an additional 
                        notification with information regarding the 
                        amendments made by the Jobs for Main Street 
                        Act, 2010, including information on the ability 
                        under subparagraph (A) to make retroactive 
                        premium payments with respect to the transition 
                        period of the individual in order to maintain 
                        COBRA continuation coverage.
                            ``(iii) Application of rules.--Rules 
                        similar to the rules of paragraph (7) shall 
                        apply with respect to notifications under this 
                        subparagraph.''.
    (d) Clarifications Relating to Section 3001 of ARRA.--
            (1) Clarification that eligibility and notice is based on 
        timing of qualifying event.--Subsection (a) of such section is 
        amended--
                    (A) in paragraph (3)(A)--
                            (i) by striking ``at any time'' and 
                        inserting ``such qualified beneficiary is 
                        eligible for COBRA continuation coverage 
                        related to a qualifying event occurring''; and
                            (ii) by striking ``, such qualified 
                        beneficiary is eligible for COBRA continuation 
                        coverage''; and
                    (B) in paragraph (7)(A), by striking ``become 
                entitled to elect COBRA continuation coverage'' and 
                inserting ``have a qualifying event relating to COBRA 
                continuation coverage''.
            (2) Clarification regarding retiree coverage.--Subsection 
        (a)(2)(A)(i) of such section is amended by inserting ``coverage 
        under a retiree health plan,'' after ``other than''.
            (3) Clarification regarding cobra continuation resulting 
        from reductions in hours.--Subsection (a) of such section is 
        further amended--
                    (A) in paragraph (3)(C), by inserting before the 
                period at the end the following: ``or consists of a 
                reduction of hours followed by such an involuntary 
                termination of employment during such period''; and
                    (B) by adding at the end the following:
            ``(17) Special rules in case of individuals losing coverage 
        because of a reduction of hours.--
                    ``(A) New election period.--
                            ``(i) In general.--For the purposes of the 
                        COBRA continuation provisions, in the case of 
                        an individual described in subparagraph (C) who 
                        did not make (or who made and discontinued) an 
                        election of COBRA continuation coverage on the 
                        basis of the reduction of hours of employment, 
                        the involuntary termination of employment of 
                        such individual after the date of the enactment 
                        of the Jobs for Main Street Act, 2010, shall be 
                        treated as a qualifying event.
                            ``(ii) Counting cobra duration period from 
                        previous qualifying event.--In any case of an 
                        individual referred to in clause (i), the 
                        period of such individual's continuation 
                        coverage shall be determined as though the 
                        qualifying event were the reduction of hours of 
                        employment.
                            ``(iii) Construction.--Nothing in this 
                        paragraph shall be construed as requiring an 
                        individual referred to in clause (i) to make a 
                        payment for COBRA continuation coverage between 
                        the reduction of hours and the involuntary 
                        termination of employment.
                            ``(iv) Preexisting conditions.--With 
                        respect to an individual referred to in clause 
                        (i) who elects COBRA continuation coverage 
                        pursuant to such clause, rules similar to the 
                        rules in paragraph (4)(C) shall apply.
                    ``(B) Notices.--In the case of an individual 
                described in subparagraph (C), the administrator of the 
                group health plan (or other entity) involved shall 
                provide, during the 60-day period beginning on the date 
                of such individual's termination of employment, an 
                additional notification described in paragraph (7)(A), 
                including information on the provisions of this 
                paragraph. Rules similar to the rules of paragraph (7) 
                shall apply with respect to such notification.
                    ``(C) Individuals described.--Individuals described 
                in this subparagraph are individuals who are assistance 
                eligible individuals on the basis of a qualifying event 
                consisting of a reduction of hours occurring during the 
                period described in paragraph (3)(A) followed by an 
                involuntary termination of employment insofar as such 
                termination of employment occurred after the date of 
                the enactment of the Jobs for Main Street Act, 2010.''.
            (4) Clarification of period of assistance.--Subsection 
        (a)(2)(A)(ii)(I) of such section is amended by striking ``of 
        the first month''.
            (5) Enforcement.--Subsection (a)(5) of such section is 
        amended by adding at the end the following: ``In addition to 
        civil actions that may be brought to enforce applicable 
        provisions of such Act or other laws, the appropriate Secretary 
        or an affected individual may bring a civil action to enforce 
        such determinations and for appropriate relief. In addition, 
        such Secretary may assess a penalty against a plan sponsor or 
        health insurance issuer of not more than $110 per day for each 
        failure to comply with such determination of such Secretary 
        after 10 days after the date of the plan sponsor's or issuer's 
        receipt of the determination.''.
            (6) Amendments relating to section 3001 of arra.--
                    (A) Subsection (g) of section 35 of the Internal 
                Revenue Code of 1986 is amended by striking ``section 
                3002(a) of the Health Insurance Assistance for the 
                Unemployed Act of 2009'' and inserting ``section 
                3001(a) of title III of division B of the American 
                Recovery and Reinvestment Act of 2009''.
                    (B) Section 139C of such Code is amended by 
                striking ``section 3002 of the Health Insurance 
                Assistance for the Unemployed Act of 2009'' and 
                inserting ``section 3001 of title III of division B of 
                the American Recovery and Reinvestment Act of 2009''.
                    (C) Section 6432 of such Code is amended--
                            (i) in subsection (a), by striking 
                        ``section 3002(a) of the Health Insurance 
                        Assistance for the Unemployed Act of 2009'' and 
                        inserting ``section 3001(a) of title III of 
                        division B of the American Recovery and 
                        Reinvestment Act of 2009'';
                            (ii) in subsection (c)(3), by striking 
                        ``section 3002(a)(1)(A) of such Act'' in 
                        subsection (c)(3) and inserting ``section 
                        3001(a)(1)(A) of title III of division B of the 
                        American Recovery and Reinvestment Act of 
                        2009''; and
                            (iii) by redesignating subsections (e) and 
                        (f) as subsections (f) and (g), respectively, 
                        and inserting after subsection (d) the 
                        following new subsection:.
    ``(e) Employer Determination of Qualifying Event as Involuntary 
Termination.--For purposes of this section, in any case in which--
            ``(1) based on a reasonable interpretation of section 
        3001(a)(3)(C) of division B of the American Recovery and 
        Reinvestment Act of 2009 and administrative guidance 
        thereunder, an employer determines that the qualifying event 
        with respect to COBRA continuation coverage for an individual 
        was involuntary termination of a covered employee's employment, 
        and
            ``(2) the employer maintains supporting documentation of 
        the determination, including an attestation by the employer of 
        involuntary termination with respect to the covered employee,
the qualifying event for the individual shall be deemed to be 
involuntary termination of the covered employee's employment.''.
                    (D) Subsection (a) of section 6720C of such Code is 
                amended by striking ``section 3002(a)(2)(C) of the 
                Health Insurance Assistance for the Unemployed Act of 
                2009'' and inserting ``section 3001(a)(2)(C) of title 
                III of division B of the American Recovery and 
                Reinvestment Act of 2009''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of section 3001 of division B 
of the American Recovery and Reinvestment Act of 2009 to which they 
relate, except that--
            (1) the amendments made by subsections (d)(2) and (d)(3) 
        shall apply to periods of coverage beginning after the date of 
        the enactment of this Act; and
            (2) the amendment made by subsection (d)(5) shall take 
        effect on the date of the enactment of this Act.

               extension of recovery act increase in fmap

    Sec. 3303. Section 5001 of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111-5) is amended--
            (1) in subsection (a)(3), by striking ``first calendar 
        quarter'' and inserting ``first 3 calendar quarters'';
            (2) in subsection (b)(2), by inserting before the period at 
        the end the following: ``and such paragraph shall not apply to 
        calendar quarters beginning on or after October 1, 2010'';
            (3) in subsection (c)(4)(C)(ii), by striking ``December 
        2009'' and ``January 2010'' and inserting ``June 2010'' and 
        ``July 2010'', respectively;
            (4) in subsection (d), by inserting ``ending before October 
        1, 2010'' after ``entire fiscal years'' and after ``with 
        respect to fiscal years'';
            (5) in subsection (g)(1), by striking ``September 30, 
        2011'' and inserting ``March 31, 2012''; and
            (6) in subsection (h)(3), by striking ``December 31, 2010'' 
        and inserting ``June 30, 2011''.

repeal of earned income threshold for determining refundable portion of 
                            child tax credit

    Sec. 3304.  (a) In General.--Clause (i) of section 24(d)(1)(B) of 
the Internal Revenue Code of 1986 is amended to read as follows:
                            ``(i) 15 percent of the taxpayer's earned 
                        income (within the meaning of section 32) which 
                        is taken into account in computing taxable 
                        income, or''.
    (b) Conforming Amendments.--Subsection (d) of section 24 of such 
Code is amended--
            (1) by striking paragraph (3), and
            (2) by striking paragraph (4).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2009.
    (d) Application of EGTRRA Sunset.--The amendments made by 
subsection (a) and (b)(1) shall be subject to title IX of the Economic 
Growth and Tax Relief Reconciliation Act of 2001 in the same manner as 
the provision of such Act to which such amendment relates.

                         hhs poverty guidelines

    Sec. 3305. Notwithstanding section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 9902(2)) or any other provision 
of law, the poverty line for 2010 issued by the Secretary of Health and 
Human Services under such section 673(2) shall be not lower than the 
poverty line so issued on January 23, 2009 (74 Fed. Reg. 14). This 
section shall have no effect on such Secretary's revision of the 
poverty line for 2011.

   refunds disregarded in the administration of federal programs and 
                      federally assisted programs

    Sec. 3306.  (a) In General.--Subchapter A of chapter 65 of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new section:

``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL 
              PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.

    ``(a) In General.--Notwithstanding any other provision of law, any 
refund (or advance payment with respect to a refundable credit) made to 
any individual under this title shall not be taken into account as 
income, and shall not be taken into account as resources for the month 
of receipt and the following 11 months, for purposes of determining the 
eligibility of such individual (or any other individual) for benefits 
or assistance (or the amount or extent of benefits or assistance) under 
any Federal program or under any State or local program financed in 
whole or in part with Federal funds.
    ``(b) Termination.--Subsection (a) shall not apply to any amount 
received after December 31, 2010.''.
    (b) Clerical Amendment.--The table of sections for such subchapter 
is amended by adding at the end the following new item:

``Sec. 6409. Refunds disregarded in the administration of Federal 
                            programs and Federally assisted 
                            programs.''.
    (c) Effective Date.--The amendment made by this section shall apply 
to amounts received after December 31, 2009.

 permanent extension of fee withholding procedures to title xvi and to 
                 qualified non-attorney representatives

    Sec. 3307.  (a) Permanent Extension of Attorney Fee Withholding 
Procedures to Title XVI.--
            (1) In general.--Section 302 of the Social Security 
        Protection Act of 2004 (Public Law 108-203; 118 Stat. 519) is 
        amended--
                    (A) in the section heading, by striking 
                ``temporary''; and
                    (B) in subsection (c), by striking ``Effective 
                Date.--'' and all that follows through ``The 
                amendments'' and inserting ``Effective Date.--The 
                amendments'', and by striking paragraph (2).
            (2) Clerical amendment.--The item relating to section 302 
        in the table of contents in section 1(b) of such Act is amended 
        by striking ``Temporary extension'' and inserting 
        ``Extension''.
    (b) Permanent Extension of Fee Withholding Procedures to Qualified 
Non-attorney Representatives.--
            (1) In general.--Section 206 of the Social Security Act (42 
        U.S.C. 406) is amended by adding at the end the following new 
        subsection:
    ``(e)(1) The Commissioner shall provide for the extension of the 
fee withholding procedures and assessment procedures that apply under 
the preceding provisions of this section to agents and other persons, 
other than attorneys, who represent claimants under this title before 
the Commissioner.
    ``(2) Fee-withholding procedures may be extended under paragraph 
(1) to any nonattorney representative only if such representative meets 
at least the following prerequisites:
            ``(A) The representative has been awarded a bachelor's 
        degree from an accredited institution of higher education, or 
        has been determined by the Commissioner to have equivalent 
        qualifications derived from training and work experience.
            ``(B) The representative has passed an examination, written 
        and administered by the Commissioner, which tests knowledge of 
        the relevant provisions of this Act and the most recent 
        developments in agency and court decisions affecting this title 
        and title XVI.
            ``(C) The representative has secured professional liability 
        insurance, or equivalent insurance, which the Commissioner has 
        determined to be adequate to protect claimants in the event of 
        malpractice by the representative.
            ``(D) The representative has undergone a criminal 
        background check to ensure the representative's fitness to 
        practice before the Commissioner.
            ``(E) The representative demonstrates ongoing completion of 
        qualified courses of continuing education, including education 
        regarding ethics and professional conduct, which are designed 
        to enhance professional knowledge in matters related to 
        entitlement to, or eligibility for, benefits based on 
        disability under this title and title XVI. Such continuing 
        education, and the instructors providing such education, shall 
        meet such standards as the Commissioner may prescribe.
    ``(3)(A) The Commissioner may assess representatives reasonable 
fees to cover the cost to the Social Security Administration of 
administering the prerequisites described in paragraph (2).
    ``(B) Fees collected under subparagraph (A) shall be credited to 
the Federal Old-Age and Survivors Insurance Trust Fund and the Federal 
Disability Insurance Trust Fund, or deposited as miscellaneous receipts 
in the general fund of the Treasury, based on such allocations as the 
Commissioner determines appropriate.
    ``(C) The fees authorized under this paragraph shall be collected 
and available for obligation only to the extent and in the amount 
provided in advance in appropriations Acts. Amounts so appropriated are 
authorized to remain available until expended for administering the 
prerequisites described in paragraph (2).''.
            (2) Conforming amendments.--
                    (A) Section 1631(d)(2)(A) of such Act (42 U.S.C. 
                1383(d)(2)(A)) is amended--
                            (i) in clause (iv), by striking ``and'' at 
                        the end;
                            (ii) in clause (v), by striking the period 
                        at the end and inserting ``;  and''; and
                            (iii) by adding at the end the following 
                        new clause:
                    ``(vi) by substituting, in subsection (e)(1)--
                            ``(I) `subparagraphs (B) and (C) of section 
                        1631(d)(2)' for `the preceding provisions of 
                        this section'; and
                            ``(II) `title XVI' for `this title'.''.
                    (B) Section 303(e)(2) of the Social Security 
                Protection Act of 2004 (Public Law 108-203; 118 Stat. 
                523) is amended by striking ``and final report'' in the 
                heading and by striking the last sentence.
            (3) Effective date.--The Commissioner of Social Security 
        shall provide for full implementation of the provisions of 
        section 206(e) of the Social Security Act (as added by 
        paragraph (1)) and the amendments made by paragraph (2) not 
        later than March 1, 2010.

               CHAPTER 4--GENERAL PROVISIONS, THIS TITLE

                         emergency designations

    Sec. 3401.  (a) In General.--Each amount in this title is 
designated as an emergency requirement and necessary to meet emergency 
needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.
    (b) PAYGO.--All applicable provisions in this title are designated 
as an emergency for purposes of pay-as-you-go principles.

                 TITLE IV--GENERAL PROVISIONS, THIS ACT

                         period of availability

    Sec. 4001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond September 30, 2010, unless 
expressly so provided herein.

                              buy america

    Sec. 4002. All funds provided under this Act shall be subject to 
the requirements of section 1605 of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5).
     This divison may be cited as the ``Jobs for Main Street Act, 
2010''.

            DIVISION B--STATUTORY PAY-AS-YOU-GO ACT OF 2009

SEC. 101. SHORT TITLE.

    This division may be cited as the ``Statutory Pay-As-You-Go Act of 
2009''.

SEC. 102. PURPOSE.

    The purpose of this division is to reestablish a statutory 
procedure to enforce a rule of budget neutrality on new revenue and 
direct spending legislation.

SEC. 103. DEFINITIONS.

    As used in this division--
            (1) The term ``BBEDCA'' means the Balanced Budget and 
        Emergency Deficit Control Act of 1985.
            (2) The definitions set forth in section 3 of the 
        Congressional Budget and Impoundment Control Act of 1974 and in 
        section 250 of BBEDCA shall apply to this division, except to 
        the extent that they are specifically modified as follows:
                    (A) The term ``outyear'' means a fiscal year that 
                occurs one or more years after the budget year.
                    (B) In section 250(c)(8)(C), the reference to the 
                food stamp program shall be deemed to be a reference to 
                the Supplemental Nutrition Assistance Program.
            (3) The term ``AMT'' means the Alternative Minimum Tax for 
        individuals under sections 55-59 of the Internal Revenue Code 
        of 1986, the term ``EGTRRA'' means the Economic Growth and Tax 
        Relief Reconciliation Act of 2001 (Public Law 107-16), and the 
        term ``JGTRRA'' means the Jobs and Growth Tax Relief and 
        Reconciliation Act of 2003 (Public Law 108-27).
            (4)(A) The term ``budgetary effects'' means the amounts by 
        which PAYGO legislation changes direct spending or revenues 
        relative to the baseline and shall be determined on the basis 
        of estimates included by reference in the PAYGO Act or prepared 
        under section 104(d)(3), as applicable. Budgetary effects that 
        increase direct spending or decrease revenues are termed 
        ``costs'' and budgetary effects that increase revenues or 
        decrease direct spending are termed ``savings''.
            (B) For purposes of these definitions, off-budget effects 
        shall be counted as budgetary effects unless such changes flow 
        directly from amendments to title II of the Social Security Act 
        and related provisions of the Internal Revenue Code of 1986 and 
        debt service effects shall not be counted as budgetary effects.
            (C) Solely for purposes of recording entries on a PAYGO 
        scorecard, provisions in appropriations Acts are also 
        considered to be budgetary effects for purposes of this 
        division if such provisions make outyear modifications to 
        substantive law, except that provisions for which the outlay 
        effects net to zero over a period consisting of the current 
        year, the budget year, and the 4 subsequent years shall not be 
        considered budgetary effects. For purposes of this paragraph, 
        the term, ``modifications to substantive law'' refers to 
        changes to or restrictions on entitlement law or other 
        mandatory spending contained in appropriations Acts, 
        notwithstanding section 250(c)(8) of BBEDCA. Provisions in 
        appropriations Acts that are neither outyear modifications to 
        substantive law nor changes in revenues have no budgetary 
        effects for purposes of this division.
            (D) If a provision is designated as an emergency 
        requirement under this division and is also designated as an 
        emergency requirement under the applicable rules of the House 
        of Representatives, CBO shall not include the cost of such a 
        provision in its estimate of the PAYGO legislation's budgetary 
        effects.
            (5) The term ``debit'' refers to the net total amount, when 
        positive, by which costs recorded on the PAYGO scorecards for a 
        fiscal year exceed savings recorded on those scorecards for 
        that year.
            (6) The term ``entitlement law'' refers to a section of law 
        which provides entitlement authority.
            (7) The term ``PAYGO legislation'' or a ``PAYGO Act'' 
        refers to a bill or joint resolution that affects direct 
        spending or revenue relative to the baseline. The budgetary 
        effects of changes in revenues and outyear modifications to 
        substantive law included in appropriation Acts as defined in 
        paragraph (4) shall be treated as if they were contained in 
        PAYGO legislation.
            (8) The term ``timing shift'' refers to a delay of the date 
        on which direct spending would otherwise occur from the ninth 
        outyear to the tenth outyear or an acceleration of the date on 
        which revenues would otherwise occur from the tenth outyear to 
        the ninth outyear.

SEC. 104. PAYGO ESTIMATES AND PAYGO SCORECARDS.

    (a) Paygo Estimates.--(1) A PAYGO Act shall include by reference an 
estimate of its budgetary effects as determined under section 308(a)(3) 
of the Congressional Budget Act of 1974, if timely submitted for 
printing in the Congressional Record by the chairs of the Committees on 
the Budget of the House of Representatives and the Senate, as 
applicable, before the vote on the PAYGO legislation. The Clerk of the 
House or the Secretary of the Senate, as applicable, shall also 
incorporate by reference such estimate printed in the relevant portion 
of the Congressional Record under section 308(a)(3) of the 
Congressional Budget Act of 1974 into the enrollment of a PAYGO Act. 
Budgetary effects that are not so included shall be determined under 
section 104(d)(3).
    (2)(A) Section 308(a) of the Congressional Budget Act of 1974 is 
amended by adding at the end the following new paragraph:
            ``(3) CBO paygo estimates.--Before a vote in either House 
        on a PAYGO Act that, if determined in the affirmative, would 
        clear such Act for enrollment, the chairs of the Committees on 
        the Budget of the House and Senate, as applicable, shall 
        request from the Director of the Congressional Budget Office an 
        estimate of the budgetary effects of such Act under the 
        Statutory Pay-As-You-Go Act of 2009. If such an estimate is 
        timely provided, the chairs of the Committees on the Budget of 
        the House of Representatives and the Senate shall post such 
        estimate on their respective committee websites and cause it to 
        be printed in the Congressional Record under the heading `PAYGO 
        ESTIMATE'. For purposes of this section, the Director of the 
        Congressional Budget Office shall not count timing shifts in 
        his estimates of the budgetary effects of PAYGO legislation (as 
        defined in section 103 of the Statutory Pay-As-You-Go Act of 
        2009).''.
    (B) The side heading of section 308(a) of the Congressional Budget 
Act of 1974 is amended by striking ``Reports on''.
    (b) Section 308 of the Congressional Budget Act of 1974 is amended 
by adding at the end the following new subsection:
    ``(d) Scorekeeping Guidelines.--The Director of the Congressional 
Budget Office shall provide estimates under this section in accordance 
with the scorekeeping guidelines determined under section 252(d)(5) of 
the Balanced Budget and Emergency Deficit Control Act of 1985. Upon 
agreement, the chairs of the Committees on the Budget of the House of 
Representatives and the Senate shall submit updates to such guidelines 
for printing in the Congressional Record.''.
    (c) Current Policy Adjustments for Certain Legislation.--For 
purposes of calculating budgetary effects under this division, CBO 
shall adjust its estimates as described below for any provision of 
legislation designated as meeting the criteria in subsection (b), (c), 
or (d) of section 107 and which the chairman of the Committee on the 
Budget of the House of Representatives or the Senate, as applicable, 
designates as meeting those criteria. A single piece of legislation may 
contain provisions designated as meeting criteria in more than one of 
the subsections listed above. For appropriately designated provisions, 
CBO shall exclude from its estimates for purposes of this division any 
costs of a provision to the extent that those costs, when combined with 
all other excluded costs of any other previously designated provisions 
of enacted legislation under the same subsection of section 107, do not 
exceed the maximum applicable current policy adjustment defined under 
the applicable subsection of section 107 for the applicable 10-year 
period, using the most recent baseline estimates supplied by the 
Congressional Budget Office consistent with section 257 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 used in considering a 
concurrent resolution on the budget; or, after the beginning of a new 
calendar year and before consideration of a concurrent resolution on 
the budget, using the most recent baseline estimates supplied by the 
Congressional Budget Office consistent with section 257 of the Balanced 
Budget and Emergency Deficit Control Act of 1985. CBO estimates of 
legislation containing a current policy designation under this 
subsection shall include a separate presentation of costs excluded from 
the calculation of budgetary effects for the legislation, as well as an 
updated total of all excluded costs of provisions within the same 
subsection of section 107.
    (d) OMB Paygo Scorecards.--
            (1) In general.--OMB shall maintain and make publicly 
        available a continuously updated document containing two PAYGO 
        scorecards displaying the budgetary effects of PAYGO 
        legislation as determined under section 308 of the 
        Congressional Budget Act of 1974, applying the look-back 
        requirement in subsection (e) and the averaging requirement in 
        subsection (f), and a separate addendum displaying the 
        estimates of the costs of provisions designated in statute as 
        emergency requirements.
            (2) Estimates in legislation.--Except as provided in 
        paragraph (3), in making the calculations for the PAYGO 
        scorecards, OMB shall use the budgetary effects included by 
        reference in the applicable legislation.
            (3) OMB estimates.--If legislation does not contain the 
        estimate of budgetary effects under paragraph (2), then OMB 
        shall score the budgetary effects of that legislation upon its 
        enactment, based on the approaches to scorekeeping set forth in 
        this division.
            (4) 5-year scorecard.--The first scorecard shall display 
        the budgetary effects of PAYGO legislation in each year over 
        the 5-year period beginning in the budget year.
            (5) 10-year scorecard.--The second scorecard shall display 
        the budgetary effects of PAYGO legislation in each year over 
        the 10-year period beginning in the budget year.
    (e) Look-back to Capture Current-year Effects.--For purposes of 
this section, OMB shall treat the budgetary effects of PAYGO 
legislation enacted during a session of Congress that occur during the 
current year as though they occurred in the budget year.
    (f) Averaging Used to Measure Compliance Over 5-year and 10-year 
Periods.--OMB shall cumulate the budgetary effects of a PAYGO Act over 
the budget year (which includes any look-back effects under subsection 
(e)) and--
            (1) for purposes of the 5-year scorecard referred to in 
        subsection (d)(4), the four subsequent outyears, divide that 
        cumulative total by five, and enter the quotient in the budget-
        year column and in each subsequent column of the 5-year PAYGO 
        scorecard; and
            (2) for purposes of the 10-year scorecard referred to in 
        subsection (d)(5), the nine subsequent outyears, divide that 
        cumulative total by ten, and enter the quotient in the budget-
        year column and in each subsequent column of the 10-year PAYGO 
        scorecard.

SEC. 105. ANNUAL REPORT AND SEQUESTRATION ORDER.

    (a) Annual Report.--Not later than 14 days (excluding weekends and 
holidays) after Congress adjourns to end a session, OMB shall make 
publicly available and cause to be printed in the Federal Register an 
annual PAYGO report. The report shall include an up-to-date document 
containing the PAYGO scorecards, a description of any current policy 
adjustments made under section 104(c), information about emergency 
legislation (if any) designated under section 103(4)(D), information 
about any sequestration if required by subsection (b), and other data 
and explanations that enhance public understanding of this division and 
actions taken under it.
    (b) Sequestration Order.--If the annual report issued at the end of 
a session of Congress under subsection (a) shows a debit on either 
PAYGO scorecard for the budget year, OMB shall prepare and the 
President shall issue and include in that report a sequestration order 
that, upon issuance, shall reduce budgetary resources of direct 
spending programs by enough to offset that debit as prescribed in 
section 106. If there is a debit on both scorecards, the order shall 
fully offset the larger of the two debits. OMB shall include that order 
in the annual report and transmit it to the House of Representatives 
and the Senate. If the President issues a sequestration order, the 
annual report shall contain, for each budget account to be sequestered, 
estimates of the baseline level of budgetary resources subject to 
sequestration, the amount of budgetary resources to be sequestered, and 
the outlay reductions that will occur in the budget year and the 
subsequent fiscal year because of that sequestration.

SEC. 106. CALCULATING A SEQUESTRATION.

    (a) Reducing Nonexempt Budgetary Resources by a Uniform 
Percentage.--OMB shall calculate the uniform percentage by which the 
budgetary resources of nonexempt direct spending programs are to be 
sequestered such that the outlay savings resulting from that 
sequestration, as calculated under subsection (b), shall offset the 
budget-year debit, if any on the applicable PAYGO scorecard. If the 
uniform percentage calculated under the prior sentence exceeds 4 
percent, the Medicare programs described in section 256(d) of BBEDCA 
shall be reduced by 4 percent and the uniform percentage by which the 
budgetary resources of all other nonexempt direct spending programs are 
to be sequestered shall be increased, as necessary, so that the 
sequestration of Medicare and of all other nonexempt direct spending 
programs together produce the required outlay savings.
    (b) Outlay Savings.--In determining the amount by which a 
sequestration offsets a budget-year debit, OMB shall count--
            (1) the amount by which the sequestration in a crop year of 
        crop support payments, pursuant to section 256(j) of BBEDCA, 
        reduces outlays in the budget year and the subsequent fiscal 
        year;
            (2) the amount by which the sequestration of Medicare 
        payments in the 12-month period following the sequestration 
        order, pursuant to section 256(d) of BBEDCA, reduces outlays in 
        the budget year and the subsequent fiscal year; and
            (3) the amount by which the sequestration in the budget 
        year of the budgetary resources of other nonexempt mandatory 
        programs reduces outlays in the budget year and in the 
        subsequent fiscal year.

SEC. 107. CURRENT POLICY ADJUSTMENT TO THE CBO ESTIMATES.

    (a) Purpose.--The purpose of this section is to provide for 
adjustments of estimates of budgetary effects of PAYGO legislation for 
legislation affecting four areas of the budget--
            (1) payments made under section 1848 of the Social Security 
        Act (titled Payment for Physicians' Services);
            (2) the Estate and Gift Tax under subtitle B of the 
        Internal Revenue Code of 1986;
            (3) the AMT; and
            (4) provisions of EGTRRA or JGTRRA that amended the 
        Internal Revenue Code of 1986 (or provisions in later statutes 
        further amending the amendments made by EGTRRA or JGTRRA), 
        other than--
                    (A) the provisions of those two Acts that were made 
                permanent by the Pension Protection Act of 2006 (Public 
                Law 109-280);
                    (B) amendments to the estate and gift tax referred 
                to in paragraph (2);
                    (C) the AMT referred to in paragraph (3);
                    (D) the 35 percent bracket and that portion of the 
                33 percent bracket that applies to taxable income 
                greater than $200,000 for an individual and $250,000 
                for a couple; and
                    (E) provisions in those two Acts relating to taxes 
                rates on capital gains and dividends.
    (b) Medicare Payments to Physicians.--
            (1) Criteria.--Legislation that includes provisions 
        amending or superseding the system of payments under section 
        1848 of the Social Security Act shall trigger the current 
        policy adjustment required by this division.
            (2) Adjustment.--The amount of the maximum current policy 
        adjustment shall be the difference between--
                    (A) estimated net outlays attributable to the 
                payments made to physicians under that section of the 
                Social Security Act (as scheduled on July 15, 2009, to 
                be in effect); and
                    (B) what those net outlays would have been if the 
                nominal payment rates and related parameters in effect 
                for 2009 had been in effect thereafter without change.
    (c) Estate and Gift Tax.--
            (1) Criteria.--Legislation that includes provisions 
        amending the Estate and Gift Tax under subtitle B of the 
        Internal Revenue Code of 1986 shall trigger the current policy 
        adjustment required by this division.
            (2) Adjustment.--The amount of the maximum current policy 
        adjustment shall be the difference between--
                    (A) total revenues projected to be collected under 
                the Internal Revenue Code of 1986 (as scheduled on July 
                15, 2009, to be in effect); and
                    (B) what those revenue collections would have been 
                if, on the date of enactment of the legislation meeting 
                the criteria in paragraph (1), estate and gift tax law 
                had instead been amended so that the tax rates, nominal 
                exemption amounts, and related parameters in effect for 
                tax year 2009 had remained in effect thereafter without 
                change.
    (d) Permanent Extension of Middle-Class Tax Cuts and AMT Relief.--
            (1) Criteria.--Legislation that includes provisions 
        extending middle-class tax cuts or AMT relief shall trigger the 
        current policy adjustment required by this division if those 
        provisions extend one or more of the following provisions--
                    (A) AMT relief for calendar year 2010 and 
                subsequent years in such a manner that the number of 
                AMT taxpayers is not estimated to exceed the number of 
                AMT taxpayers in tax year 2008 in any year through the 
                tenth year after enactment;
                    (B) the 10 percent bracket as in effect for tax 
                year 2010, as provided for under section 101(a) of the 
                Economic Growth and Tax Relief Reconciliation Act of 
                2001 and any later amendments through July 15, 2009;
                    (C) the child tax credit as in effect for tax year 
                2010, as provided for under section 201 of the Economic 
                Growth and Tax Relief Reconciliation Act and any later 
                amendments through July 15, 2009;
                    (D) tax benefits for married couples as in effect 
                for tax year 2010, as provided for under title III of 
                the Economic Growth and Tax Relief Reconciliation Act 
                and any later amendments through July 15, 2009;
                    (E) the adoption credit as in effect in tax year 
                2010, as provided for under section 202 of the Economic 
                Growth and Tax Relief Reconciliation Act of 2001 and 
                any later amendments through July 15, 2009;
                    (F) the dependent care credit as in effect in tax 
                year 2010, as provided for under section 204 of the 
                Economic Growth and Tax Relief Reconciliation Act of 
                2001 and any later amendments through July 15, 2009;
                    (G) the employer-provided child care credit as in 
                effect in tax year 2010, as provided for under section 
                205 of the Economic Growth and Tax Relief 
                Reconciliation Act of 2001 and any later amendments 
                through July 15, 2009;
                    (H) the education tax benefits as in effect in tax 
                year 2010, as provided for under title IV of the 
                Economic Growth and Tax Relief Reconciliation Act of 
                2001 and any later amendments through July 15, 2009;
                    (I) the 25 and 28 percent brackets as in effect for 
                tax year 2010, as provided for under section 101(a) of 
                the Economic Growth and Tax Relief Reconciliation Act 
                of 2001 and any later amendments through July 15, 2009; 
                and
                    (J) the 33 percent brackets as in effect for tax 
                year 2010, as provided for under section 101(a) of the 
                Economic Growth and Tax Relief Reconciliation Act of 
                2001 and any later amendment affecting taxpayers with 
                taxable income of $200,000 or less for individuals and 
                $250,000 or less for couples in calendar year 2010 and 
                increased in each subsequent year by an amount equal to 
                the cost of living adjustment determined under section 
                1(f)(3) of the Internal Revenue Code of 1986 for the 
                calendar year in which the taxable year begins, 
                determined by substituting ``calendar year 2008'' for 
                ``calendar year 1992'' in subparagraph (B) thereof.
            (2) Adjustment.--The amount of the maximum current policy 
        adjustment shall be the difference between what total revenues 
        would have been under the Internal Revenue Code of 1986 (as 
        scheduled on July 15, 2009, to be in effect) and what revenues 
        would be if legislation--
                    (A) permanently extending the AMT exemption and 
                brackets in effect in tax year 2009 but increased in 
                tax year 2010 and each subsequent tax year as indicated 
                under subsection (d)(2)(B), along with any additional 
                amount necessary to prevent the number of taxpayers who 
                must pay AMT from increasing; and
                    (B) permanently extending the provisions identified 
                in paragraph (1),
        were enacted on the same day as the legislation referred to in 
        paragraph (1).

SEC. 108. APPLICATION OF BBEDCA.

    For purposes of this division--
            (1) notwithstanding section 275 of BBEDCA, the provisions 
        of sections 255, 256, 257, and 274 of BBEDCA, as amended by 
        this division, shall apply to the provisions of this division;
            (2) references in sections 255, 256, 257, and 274 to ``this 
        part'' or ``this title'' shall be interpreted as applying to 
        this division;
            (3) references in sections 255, 256, 257, and 274 of BBEDCA 
        to ``section 254'' shall be interpreted as referencing section 
        105 of this division;
            (4) the reference in section 256(b) of BBEDCA to ``section 
        252 or 253'' shall be interpreted as referencing section 105 of 
        this division;
            (5) the reference in section 256(d)(1) of BBEDCA to 
        ``section 252 or 253'' shall be interpreted as referencing 
        section 106 of this division;
            (6) the reference in section 256(d)(4) of BBEDCA to 
        ``section 252 or 253'' shall be interpreted as referencing 
        section 105 of this division;
            (7) section 256(k) of BBEDCA shall apply to a 
        sequestration, if any, under this division; and
            (8) references in section 257(e) of BBEDCA to ``section 
        251, 252, or 253'' shall be interpreted as referencing section 
        104 of this division.

SEC. 109. TECHNICAL CORRECTIONS.

    (a) Section 250(c)(18) of BBEDCA is amended by striking ``the 
expenses the Federal deposit insurance agencies'' and inserting ``the 
expenses of the Federal deposit insurance agencies''.
    (b) Section 256(k)(1) of BBEDCA is amended by striking ``in 
paragraph (5)'' and inserting ``in paragraph (6)''.

SEC. 110. CONFORMING AMENDMENTS.

    (a) Section 256(a) of BBEDCA is repealed.
    (b) Section 256(b) of BBEDCA is amended by striking ``origination 
fees under sections 438(c)(2) and 455(c) of that Act shall each be 
increased by 0.50 percentage point.'' and inserting in lieu thereof 
``origination fees under sections 438(c)(2) and (6) and 455(c) and loan 
processing and issuance fees under section 428(f)(1)(A)(ii) of that Act 
shall each be increased by the uniform percentage specified in that 
sequestration order, and, for student loans originated during the 
period of the sequestration, special allowance payments under section 
438(b) of that Act accruing during the period of the sequestration 
shall be reduced by the uniform percentage specified in that 
sequestration order.''.
    (c) Section 256(c) of BBEDCA is repealed.
    (d) Section 256(d) of BBEDCA is amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (5), and (6);
            (2) by amending paragraph (1) to read as follows:
            ``(1) Calculation of reduction in payment amounts.--To 
        achieve the total percentage reduction in those programs 
        required by section 252 or 253, subject to paragraph (2), and 
        notwithstanding section 710 of the Social Security Act, OMB 
        shall determine, and the applicable Presidential order under 
        section 254 shall implement, the percentage reduction that 
        shall apply, with respect to the health insurance programs 
        under title XVIII of the Social Security Act--
                    ``(A) in the case of parts A and B of such title, 
                to individual payments for services furnished during 
                the one-year period beginning on the first day of the 
                first month beginning after the date the order is 
                issued (or, if later, the date specified in paragraph 
                (4)); and
                    ``(B) in the case of parts C and D, to monthly 
                payments under contracts under such parts for the same 
                one-year period;
        such that the reduction made in payments under that order shall 
        achieve the required total percentage reduction in those 
        payments for that period.'';
            (3) by inserting after paragraph (1) the following:
            ``(2) Uniform reduction rate; maximum permissible 
        reduction.--Reductions in payments for programs and activities 
        under such title XVIII pursuant to a sequestration order under 
        section 254 shall be at a uniform rate, which shall not exceed 
        4 percent, across all such programs and activities subject to 
        such order.'';
            (4) by inserting after paragraph (3), as redesignated, the 
        following:
            ``(4) Timing of subsequent sequestration order.--A 
        sequestration order required by section 252 or 253 with respect 
        to programs under such title XVIII shall not take effect until 
        the first month beginning after the end of the effective period 
        of any prior sequestration order with respect to such programs, 
        as determined in accordance with paragraph (1).'';
            (5) in paragraph (6), as redesignated, to read as follows:
            ``(6) Sequestration disregarded in computing payment 
        amounts.--The Secretary of Health and Human Services shall not 
        take into account any reductions in payment amounts which have 
        been or may be effected under this part, for purposes of 
        computing any adjustments to payment rates under such title 
        XVIII, specifically including--
                    ``(A) the part C growth percentage under section 
                1853(c)(6);
                    ``(B) the part D annual growth rate under section 
                1860D-2(b)(6); and
                    ``(C) application of risk corridors to part D 
                payment rates under section 1860D-15(e).''; and
            (6) by adding after paragraph (6), as redesignated, the 
        following:
            ``(7) Exemptions from sequestration.--In addition to the 
        programs and activities specified in section 255, the following 
        shall be exempt from sequestration under this part:
                    ``(A) Part d low-income subsidies.--Premium and 
                cost-sharing subsidies under section 1860D-14 of the 
                Social Security Act.
                    ``(B) Part d catastrophic subsidy.--Payments under 
                section 1860D-15(b) and (e)(2)(B) of the Social 
                Security Act.
                    ``(C) Qualified individual (qi) premiums.--Payments 
                to States for coverage of Medicare cost-sharing for 
                certain low-income Medicare beneficiaries under section 
                1933 of the Social Security Act.''.

SEC. 111. EXEMPT PROGRAMS AND ACTIVITIES.

    (a) Designations.--Section 255 of BBEDCA is amended by 
redesignating subsection (i) as (j) and striking ``1998'' and inserting 
in lieu thereof ``2010''.
    (b) Social Security, Veterans Programs, Net Interest, and Tax 
Credits.--Subsections (a) through (d) of section 255 of BBEDCA are 
amended to read as follows:
    ``(a) Social Security Benefits and Tier I Railroad Retirement 
Benefits.--Benefits payable under the old-age, survivors, and 
disability insurance program established under title II of the Social 
Security Act (42 U.S.C. 401 et seq.), and benefits payable under 
section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45, United 
States Code, shall be exempt from reduction under any order issued 
under this part.
    ``(b) Veterans Programs.--The following program shall be exempt 
from reduction under any order issued under this part--
            ``All programs administered by the Department of Veterans 
        Affairs.
            ``Special Benefits for Certain World War II Veterans (28-
        0401-0-1-701).
    ``(c) Net Interest.--No reduction of payments for net interest (all 
of major functional category 900) shall be made under any order issued 
under this part.
    ``(d) Refundable Income Tax Credits.--Payments to individuals made 
pursuant to provisions of the Internal Revenue Code of 1986 
establishing refundable tax credits shall be exempt from reduction 
under any order issued under this part.''.
    (c) Other Programs and Activities, Low-income Programs, and 
Economic Recovery Programs.--Subsections (g) and (h) of section 255 of 
BBEDCA are amended to read as follows:
    ``(g) Other Programs and Activities.--
            ``(1)(A) The following budget accounts and activities shall 
        be exempt from reduction under any order issued under this 
        part:
                    ``Activities resulting from private donations, 
                bequests, or voluntary contributions to the Government.
                    ``Activities financed by voluntary payments to the 
                Government for goods or services to be provided for 
                such payments.
                    ``Administration of Territories, Northern Mariana 
                Islands Covenant grants (14-0412-0-1-808).
                    ``Advances to the Unemployment Trust Fund and Other 
                Funds (16-0327-0-1-600).
                    ``Black Lung Disability Trust Fund Refinancing (16-
                0329-0-1-601).
                    ``Bonneville Power Administration Fund and 
                borrowing authority established pursuant to section 13 
                of Public Law 93-454 (1974), as amended (89-4045-0-3-
                271).
                    ``Claims, Judgments, and Relief Acts (20-1895-0-1-
                808).
                    ``Compact of Free Association (14-0415-0-1-808).
                    ``Compensation of the President (11-0209-01-1-802).
                    ``Comptroller of the Currency, Assessment Funds 
                (20-8413-0-8-373).
                    ``Continuing Fund, Southeastern Power 
                Administration (89-5653-0-2-271).
                    ``Continuing Fund, Southwestern Power 
                Administration (89-5649-0-2-271).
                    ``Dual Benefits Payments Account (60-0111-0-1-601).
                    ``Emergency Fund, Western Area Power Administration 
                (89-5069-0-2-271).
                    ``Exchange Stabilization Fund (20-4444-0-3-155).
                    ``Federal Deposit Insurance Corporation, Deposit 
                Insurance Fund (51-4596-4-4-373).
                    ``Federal Deposit Insurance Corporation, FSLIC 
                Resolution Fund (51-4065-0-3-373).
                    ``Federal Deposit Insurance Corporation, 
                Noninterest Bearing Transaction Account Guarantee (51-
                4458-0-3-373).
                    ``Federal Deposit Insurance Corporation, Senior 
                Unsecured Debt Guarantee (51-4457-0-3-373).
                    ``Federal Housing Finance Agency, Administrative 
                Expenses (95-5532-0-2-371).
                    ``Federal Payment to the District of Columbia 
                Judicial Retirement and Survivors Annuity Fund (20-
                1713-0-1-752).
                    ``Federal Payment to the District of Columbia 
                Pension Fund (20-1714-0-1-601).
                    ``Federal Payments to the Railroad Retirement 
                Accounts (60-0113-0-1-601).
                    ``Federal Reserve Bank Reimbursement Fund (20-1884-
                0-1-803).
                    ``Financial Agent Services (20-1802-0-1-803).
                    ``Foreign Military Sales Trust Fund (11-8242-0-7-
                155).
                    ``Hazardous Waste Management, Conservation Reserve 
                Program (12-4336-0-3-999).
                    ``Host Nation Support Fund for Relocation (97-8337-
                0-7-051).
                    ``Internal Revenue Collections for Puerto Rico (20-
                5737-0-2-806).
                    ``Intragovernmental funds, including those from 
                which the outlays are derived primarily from resources 
                paid in from other government accounts, except to the 
                extent such funds are augmented by direct 
                appropriations for the fiscal year during which an 
                order is in effect.
                    ``Medical Facilities Guarantee and Loan Fund (75-
                9931-0-3-551).
                    ``National Credit Union Administration, Central 
                Liquidity Facility (25-4470-0-3-373).
                    ``National Credit Union Administration, Corporate 
                Credit Union Share Guarantee Program (25-4476-0-3-376).
                    ``National Credit Union Administration, Credit 
                Union Homeowners Affordability Relief Program (25-4473-
                0-3-371).
                    ``National Credit Union Administration, Credit 
                Union Share Insurance Fund (25-4468-0-3-373).
                    ``National Credit Union Administration, Credit 
                Union System Investment Program (25-4474-0-3-376).
                    ``National Credit Union Administration, Operating 
                fund (25-4056-0-3-373).
                    ``National Credit Union Administration, Share 
                Insurance Fund Corporate Debt Guarantee Program (25-
                4469-0-3-376).
                    ``National Credit Union Administration, U.S. 
                Central Federal Credit Union Capital Program (25-4475-
                0-3-376).
                    ``Office of Thrift Supervision (20-4108-0-3-373).
                    ``Panama Canal Commission Compensation Fund (16-
                5155-0-2-602).
                    ``Payment of Vietnam and USS Pueblo prisoner-of-war 
                claims within the Salaries and Expenses, Foreign Claims 
                Settlement account (15-0100-0-1-153).
                    ``Payment to Civil Service Retirement and 
                Disability Fund (24-0200-0-1-805).
                    ``Payment to Department of Defense Medicare-
                Eligible Retiree Health Care Fund (97-0850-0-1-054).
                    ``Payment to Judiciary Trust Funds (10-0941-0-1-
                752).
                    ``Payment to Military Retirement Fund (97-0040-0-1-
                054).
                    ``Payment to the Foreign Service Retirement and 
                Disability Fund (19-0540-0-1-153).
                    ``Payments to Copyright Owners (03-5175-0-2-376).
                    ``Payments to Health Care Trust Funds (75-0580-0-1-
                571).
                    ``Payment to Radiation Exposure Compensation Trust 
                Fund (15-0333-0-1-054).
                    ``Payments to Social Security Trust Funds (28-0404-
                0-1-651).
                    ``Payments to the United States Territories, Fiscal 
                Assistance (14-0418-0-1-806).
                    ``Payments to trust funds from excise taxes or 
                other receipts properly creditable to such trust funds.
                    ``Payments to widows and heirs of deceased Members 
                of Congress (00-0215-0-1-801).
                    ``Postal Service Fund (18-4020-0-3-372).
                    ``Radiation Exposure Compensation Trust Fund (15-
                8116-0-1-054).
                    ``Reimbursement to Federal Reserve Banks (20-0562-
                0-1-803).
                    ``Salaries of Article III judges.
                    ``Soldiers and Airmen's Home, payment of claims 
                (84-8930-0-7-705).
                    ``Tennessee Valley Authority Fund, except nonpower 
                programs and activities (64-4110-0-3-999).
                    ``Tribal and Indian trust accounts within the 
                Department of the Interior which fund prior legal 
                obligations of the Government or which are established 
                pursuant to Acts of Congress regarding Federal 
                management of tribal real property or other fiduciary 
                responsibilities, including but not limited to Tribal 
                Special Fund (14-5265-0-2-452), Tribal Trust Fund (14-
                8030-0-7-452), White Earth Settlement (14-2204-0-1-
                452), and Indian Water Rights and Habitat Acquisition 
                (14-5505-0-2-303).
                    ``United Mine Workers of America 1992 Benefit Plan 
                (95-8260-0-7-551).
                    ``United Mine Workers of America 1993 Benefit Plan 
                (95-8535-0-7-551).
                    ``United Mine Workers of America Combined Benefit 
                Fund (95-8295-0-7-551).
                    ``United States Enrichment Corporation Fund (95-
                4054-0-3-271).
                    ``Universal Service Fund (27-5183-0-2-376).
                    ``Vaccine Injury Compensation (75-0320-0-1-551).
                    ``Vaccine Injury Compensation Program Trust Fund 
                (20-8175-0-7-551).
            ``(B) The following Federal retirement and disability 
        accounts and activities shall be exempt from reduction under 
        any order issued under this part:
                    ``Black Lung Disability Trust Fund (20-8144-0-7-
                601).
                    ``Central Intelligence Agency Retirement and 
                Disability System Fund (56-3400-0-1-054).
                    ``Civil Service Retirement and Disability Fund (24-
                8135-0-7-602).
                    ``Comptrollers general retirement system (05-0107-
                0-1-801).
                    ``Contributions to U.S. Park Police annuity 
                benefits, Other Permanent Appropriations (14-9924-0-2-
                303).
                    ``Court of Appeals for Veterans Claims Retirement 
                Fund (95-8290-0-7-705).
                    ``Department of Defense Medicare-Eligible Retiree 
                Health Care Fund (97-5472-0-2-551).
                    ``District of Columbia Federal Pension Fund (20-
                5511-0-2-601).
                    ``District of Columbia Judicial Retirement and 
                Survivors Annuity Fund (20-8212-0-7-602).
                    ``Energy Employees Occupational Illness 
                Compensation Fund (16-1523-0-1-053).
                    ``Foreign National Employees Separation Pay (97-
                8165-0-7-051).
                    ``Foreign Service National Defined Contributions 
                Retirement Fund (19-5497-0-2-602).
                    ``Foreign Service National Separation Liability 
                Trust Fund (19-8340-0-7-602).
                    ``Foreign Service Retirement and Disability 
                Fund(19-8186-0-7-602).
                    ``Government Payment for Annuitants, Employees 
                Health Benefits (24-0206-0-1-551).
                    ``Government Payment for Annuitants, Employee Life 
                Insurance (24-0500-0-1-602).
                    ``Judicial Officers' Retirement Fund (10-8122-0-7-
                602).
                    ``Judicial Survivors' Annuities Fund (10-8110-0-7-
                602).
                    ``Military Retirement Fund (97-8097-0-7-602).
                    ``National Railroad Retirement Investment Trust 
                (60-8118-0-7-601).
                    ``National Oceanic and Atmospheric Administration 
                retirement (13-1450-0-1-306).
                    ``Pensions for former Presidents (47-0105-0-1-802).
                    ``Postal Service Retiree Health Benefits Fund (24-
                5391-0-2-551).
                    ``Public Safety Officer Benefits (15-0403-0-1-754).
                    ``Rail Industry Pension Fund (60-8011-0-7-601).
                    ``Retired Pay, Coast Guard (70-0602-0-1-403).
                    ``Retirement Pay and Medical Benefits for 
                Commissioned Officers, Public Health Service (75-0379-
                0-1-551).
                    ``Special Benefits for Disabled Coal Miners (16-
                0169-0-1-601).
                    ``Special Benefits, Federal Employees' Compensation 
                Act (16-1521-0-1-600).
                    ``Special Workers Compensation Expenses (16-9971-0-
                7-601).
                    ``Tax Court Judges Survivors Annuity Fund (23-8115-
                0-7-602).
                    ``United States Court of Federal Claims Judges' 
                Retirement Fund (10-8124-0-7-602).
                    ``United States Secret Service, DC Annuity (70-
                0400-0-1-751).
                    ``Voluntary Separation Incentive Fund (97-8335-0-7-
                051).
            ``(2) Prior legal obligations of the Government in the 
        following budget accounts and activities shall be exempt from 
        any order issued under this part:
                    ``Biomass Energy Development (20-0114-0-1-271).
                    ``Check Forgery Insurance Fund (20-4109-0-3-803).
                    ``Credit liquidating accounts.
                    ``Credit reestimates.
                    ``Employees Life Insurance Fund (24-8424-0-8-602).
                    ``Federal Aviation Insurance Revolving Fund (69-
                4120-0-3-402).
                    ``Federal Crop Insurance Corporation Fund (12-4085-
                0-3-351).
                    ``Federal Emergency Management Agency, National 
                Flood Insurance Fund (58-4236-0-3-453).
                    ``Federal Home Loan Mortgage Corporation (Freddie 
                Mac).
                    ``Federal National Mortgage Corporation (Fannie 
                Mae).
                    ``Geothermal resources development fund (89-0206-0-
                1-271).
                    ``Low-Rent Public Housing--Loans and Other Expenses 
                (86-4098-0-3-604).
                    ``Maritime Administration, War Risk Insurance 
                Revolving Fund (69-4302-0-3-403).
                    ``Natural Resource Damage Assessment Fund (14-1618-
                0-1-302).
                    ``Overseas Private Investment Corporation, 
                Noncredit Account (71-4184-0-3-151).
                    ``Pension Benefit Guaranty Corporation Fund (16-
                4204-0-3-601).
                    ``San Joaquin Restoration Fund (14-5537-0-2-301).
                    ``Servicemembers' Group Life Insurance Fund (36-
                4009-0-3-701).
                    ``Terrorism Insurance Program (20-0123-0-1-376).
    ``(h) Low-income Programs.--The following programs shall be exempt 
from reduction under any order issued under this part:
            ``Academic Competitiveness/Smart Grant Program (91-0205-0-
        1-502).
            ``Child Care Entitlement to States (75-1550-0-1-609).
            ``Child Enrollment Contingency Fund (75-5551-0-2-551).
            ``Child Nutrition Programs (with the exception of special 
        milk programs) (12-3539-0-1-605).
            ``Children's Health Insurance Fund (75-0515-0-1-551).
            ``Commodity Supplemental Food Program (12-3507-0-1-605).
            ``Contingency Fund (75-1522-0-1-609).
            ``Family Support Programs (75-1501-0-1-609).
            ``Federal Pell Grants under section 401 Title IV of the 
        Higher Education Act.
            ``Grants to States for Medicaid (75-0512-0-1-551).
            ``Payments for Foster Care and Permanency (75-1545-0-1-
        609).
            ``Supplemental Nutrition Assistance Program (12-3505-0-1-
        605).
            ``Supplemental Security Income Program (28-0406-0-1-609).
            ``Temporary Assistance for Needy Families (75-1552-0-1-
        609).''.
    (d) Economic Recovery Programs.--Section 255 of BBEDCA is amended 
by adding the following after subsection (h):
    ``(i) Economic Recovery Programs.--The following programs shall be 
exempt from reduction under any order issued under this part:
            ``All programs enacted in, or increases in programs 
        provided by, the American Recovery and Reinvestment Act of 
        2009.
            ``Exchange Stabilization Fund-Money Market Mutual Fund 
        Guaranty Facility (20-4274-0-3-376).
            ``Financial Stabilization Reserve (20-0131-4-1-376).
            ``GSE Mortgage-Backed Securities Purchase Program Account 
        (20-0126-0-1-371).
            ``GSE Preferred Stock Purchase Agreements (20-0125-0-1-
        371).
            ``Office of Financial Stability (20-0128-0-1-376).
            ``Special Inspector General for the Troubled Asset Relief 
        Program (20-0133-0-1-376).
            ``Troubled Asset Relief Program Account (20-0132-0-1-376).
            ``Troubled Asset Relief Program Equity Purchase Program 
        (20-0134-0-1-376).
            ``Troubled Asset Relief Program, Home Affordable 
        Modification Program (20-0136-0-1-604).''.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H.R. 2847

_______________________________________________________________________

                  HOUSE AMENDMENT TO SENATE AMENDMENT
```