H. R. 1 
One Hundred Eleventh Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the sixth day of January, two thousand and nine 
An Act 
Making supplemental appropriations for job preservation and creation, infrastructure 
investment, energy efficiency and science, assistance to the unemployed, and 
State and local fiscal stabilization, for the fiscal year ending September 30, 
2009, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Recovery and Reinvest-
ment Act of 2009’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
DIVISION A—APPROPRIATIONS PROVISIONS 
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMIN-
ISTRATION, AND RELATED AGENCIES 
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
TITLE III—DEPARTMENT OF DEFENSE 
TITLE IV—ENERGY AND WATER DEVELOPMENT 
TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT 
TITLE VI—DEPARTMENT OF HOMELAND SECURITY 
TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES 
TITLE VIII—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 
AND EDUCATION, AND RELATED AGENCIES 
TITLE IX—LEGISLATIVE BRANCH 
TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RE-
LATED AGENCIES 
TITLE XI—STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS 
TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND 
RELATED AGENCIES 
TITLE XIII—HEALTH INFORMATION TECHNOLOGY 
TITLE XIV—STATE FISCAL STABILIZATION FUND 
TITLE XV—ACCOUNTABILITY AND TRANSPARENCY 
TITLE XVI—GENERAL PROVISIONS—THIS ACT 
DIVISION B—TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND 
OTHER PROVISIONS 
TITLE I—TAX PROVISIONS 
TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING 
FAMILIES 
TITLE III—PREMIUM ASSISTANCE FOR COBRA BENEFITS 
TITLE IV—MEDICARE AND MEDICAID HEALTH INFORMATION TECH-
NOLOGY; MISCELLANEOUS MEDICARE PROVISIONS 
TITLE V—STATE FISCAL RELIEF 
TITLE VI—BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM 
TITLE VII—LIMITS ON EXECUTIVE COMPENSATION 
SEC. 3. PURPOSES AND PRINCIPLES. 
(a) STATEMENT OF PURPOSES.—The purposes of this Act include 
the following:
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(1) To preserve and create jobs and promote economic 
recovery. 
(2) To assist those most impacted by the recession. 
(3) To provide investments needed to increase economic 
efficiency by spurring technological advances in science and 
health. 
(4) To invest in transportation, environmental protection, 
and other infrastructure that will provide long-term economic 
benefits. 
(5) To stabilize State and local government budgets, in 
order to minimize and avoid reductions in essential services 
and counterproductive state and local tax increases. 
(b) GENERAL PRINCIPLES CONCERNING USE
OF FUNDS.—The 
President and the heads of Federal departments and agencies shall 
manage and expend the funds made available in this Act so as 
to achieve the purposes specified in subsection (a), including com-
mencing expenditures and activities as quickly as possible con-
sistent with prudent management. 
SEC. 4. REFERENCES. 
Except as expressly provided otherwise, any reference to ‘‘this 
Act’’ contained in any division of this Act shall be treated as 
referring only to the provisions of that division. 
SEC. 5. EMERGENCY DESIGNATIONS. 
(a) IN GENERAL.—Each amount in this Act is designated as 
an emergency requirement and necessary to meet emergency needs 
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 
concurrent resolutions on the budget for fiscal years 2008 and 
2009. 
(b) PAY-AS-YOU-GO.—All applicable provisions in this Act are 
designated as an emergency for purposes of pay-as-you-go principles. 
DIVISION A—APPROPRIATIONS 
PROVISIONS 
That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2009, and for other purposes, namely: 
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND 
DRUG ADMINISTRATION, AND RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS 
For an additional amount for ‘‘Agriculture Buildings and Facili-
ties and Rental Payments’’, $24,000,000, for necessary construction, 
repair, and improvement activities. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector General’’, 
$22,500,000, to remain available until September 30, 2013, for
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oversight and audit of programs, grants, and activities funded by 
this Act and administered by the Department of Agriculture. 
AGRICULTURAL RESEARCH SERVICE 
BUILDINGS AND FACILITIES 
For an additional amount for ‘‘Buildings and Facilities’’, 
$176,000,000, for work on deferred maintenance at Agricultural 
Research Service facilities: Provided, That priority in the use of 
such funds shall be given to critical deferred maintenance, to 
projects that can be completed, and to activities that can commence 
promptly following enactment of this Act. 
FARM SERVICE AGENCY 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Farm Service Agency, Salaries 
and Expenses,’’ $50,000,000, for the purpose of maintaining and 
modernizing the information technology system. 
NATURAL RESOURCES CONSERVATION SERVICE 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For an additional amount for ‘‘Watershed and Flood Prevention 
Operations’’, $290,000,000, of which $145,000,000 is for necessary 
expenses to purchase and restore floodplain easements as author-
ized by section 403 of the Agricultural Credit Act of 1978 (16 
U.S.C. 2203) (except that no more than $30,000,000 of the amount 
provided for the purchase of floodplain easements may be obligated 
for projects in any one State): Provided, That such funds shall 
be allocated to projects that can be fully funded and completed 
with the funds appropriated in this Act, and to activities that 
can commence promptly following enactment of this Act. 
WATERSHED REHABILITATION PROGRAM 
For an additional amount for ‘‘Watershed Rehabilitation Pro-
gram’’, $50,000,000: Provided, That such funds shall be allocated 
to projects that can be fully funded and completed with the funds 
appropriated in this Act, and to activities that can commence 
promptly following enactment of this Act. 
RURAL HOUSING SERVICE 
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 
For an additional amount for gross obligations for the principal 
amount of direct and guaranteed loans as authorized by title V 
of the Housing Act of 1949, to be available from funds in the 
rural housing insurance fund, as follows: $1,000,000,000 for section 
502 direct loans; and $10,472,000,000 for section 502 unsubsidized 
guaranteed loans. 
For an additional amount for the cost of direct and guaranteed 
loans, including the cost of modifying loans, as defined in section 
502 of the Congressional Budget Act of 1974, as follows: $67,000,000
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for section 502 direct loans; and $133,000,000 for section 502 unsub-
sidized guaranteed loans. 
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT 
For an additional amount for the cost of direct loans and 
grants for rural community facilities programs as authorized by 
section 306 and described in section 381E(d)(1) of the Consolidated 
Farm and Rural Development Act, $130,000,000. 
RURAL BUSINESS—COOPERATIVE SERVICE 
RURAL BUSINESS PROGRAM ACCOUNT 
For an additional amount for the cost of guaranteed loans 
and grants as authorized by sections 310B(a)(2)(A) and 310B(c) 
of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $150,000,000. 
RURAL UTILITIES SERVICE 
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT 
For an additional amount for the cost of direct loans and 
grants for the rural water, waste water, and waste disposal pro-
grams authorized by sections 306 and 310B and described in section 
381E(d)(2) of the Consolidated Farm and Rural Development Act, 
$1,380,000,000. 
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM 
For an additional amount for the cost of broadband loans and 
loan guarantees, as authorized by the Rural Electrification Act 
of 1936 (7 U.S.C. 901 et seq.) and for grants (including for technical 
assistance), $2,500,000,000: Provided, That the cost of direct and 
guaranteed loans shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That, notwithstanding 
title VI of the Rural Electrification Act of 1936, this amount is 
available for grants, loans and loan guarantees for broadband infra-
structure in any area of the United States: Provided further, That 
at least 75 percent of the area to be served by a project receiving 
funds from such grants, loans or loan guarantees shall be in a 
rural area without sufficient access to high speed broadband service 
to facilitate rural economic development, as determined by the 
Secretary of Agriculture: Provided further, That priority for 
awarding such funds shall be given to project applications for 
broadband systems that will deliver end users a choice of more 
than one service provider: Provided further, That priority for 
awarding funds made available under this paragraph shall be given 
to projects that provide service to the highest proportion of rural 
residents that do not have access to broadband service: Provided 
further, That priority shall be given for project applications from 
borrowers or former borrowers under title II of the Rural Electrifica-
tion Act of 1936 and for project applications that include such 
borrowers or former borrowers: Provided further, That priority for 
awarding such funds shall be given to project applications that 
demonstrate that, if the application is approved, all project elements 
will be fully funded: Provided further, That priority for awarding
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such funds shall be given to project applications for activities that 
can be completed if the requested funds are provided: Provided 
further, That priority for awarding such funds shall be given to 
activities that can commence promptly following approval: Provided 
further, That no area of a project funded with amounts made 
available under this paragraph may receive funding to provide 
broadband service under the Broadband Technology Opportunities 
Program: Provided further, That the Secretary shall submit a report 
on planned spending and actual obligations describing the use 
of these funds not later than 90 days after the date of enactment 
of this Act, and quarterly thereafter until all funds are obligated, 
to the Committees on Appropriations of the House of Representa-
tives and the Senate. 
FOOD AND NUTRITION SERVICE CHILD NUTRITION 
PROGRAMS 
For an additional amount for the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et. seq.), except section 21, 
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et. seq.), 
except sections 17 and 21, $100,000,000, to carry out a grant pro-
gram for National School Lunch Program equipment assistance: 
Provided, That such funds shall be provided to States administering 
a school lunch program in a manner proportional with each States’ 
administrative expense allocation: Provided further, That the States 
shall provide competitive grants to school food authorities based 
upon the need for equipment assistance in participating schools 
with priority given to school in which not less than 50 percent 
of the students are eligible for free or reduced price meals under 
the Richard B. Russell National School Lunch Act. 
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 
AND CHILDREN (WIC) 
For an additional amount for the special supplemental nutrition 
program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $500,000,000, of which $400,000,000 shall 
be placed in reserve to be allocated as the Secretary deems nec-
essary, notwithstanding section 17(i) of such Act, to support partici-
pation should cost or participation exceed budget estimates, and 
of which $100,000,000 shall be for the purposes specified in section 
17(h)(10)(B)(ii): Provided, That up to one percent of the funding 
provided for the purposes specified in section 17(h)(10)(B)(ii) may 
be reserved by the Secretary for Federal administrative activities 
in support of those purposes. 
COMMODITY ASSISTANCE PROGRAM 
For an additional amount for the emergency food assistance 
program as authorized by section 27(a) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emer-
gency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), 
$150,000,000: Provided, That of the funds made available, the Sec-
retary may use up to $50,000,000 for costs associated with the 
distribution of commodities, of which up to $25,000,000 shall be 
made available in fiscal year 2009.
H. R. 1—6 
GENERAL PROVISIONS—THIS TITLE 
SEC. 101. TEMPORARY INCREASE
IN BENEFITS UNDER
THE 
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) MAXIMUM 
BENEFIT INCREASE.— 
(1) IN GENERAL.—Beginning the first month that begins 
not less than 25 days after the date of enactment of this 
Act, the value of benefits determined under section 8(a) of 
the Food and Nutrition Act of 2008 and consolidated block 
grants for Puerto Rico and American Samoa determined under 
section 19(a) of such Act shall be calculated using 113.6 percent 
of the June 2008 value of the thrifty food plan as specified 
under section 3(o) of such Act. 
(2) TERMINATION.— 
(A) The authority provided by this subsection shall 
terminate after September 30, 2009. 
(B) Notwithstanding subparagraph (A), the Secretary 
of Agriculture may not reduce the value of the maximum 
allotments, minimum allotments or consolidated block 
grants for Puerto Rico and American Samoa below the 
level in effect for fiscal year 2009 as a result of paragraph 
(1). 
(b) REQUIREMENTS FOR THE SECRETARY.—In carrying out this 
section, the Secretary shall— 
(1) consider the benefit increases described in subsection 
(a) to be a ‘‘mass change’’; 
(2) require a simple process for States to notify households 
of the increase in benefits; 
(3) consider section 16(c)(3)(A) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors 
in the implementation of this section, without regard to the 
120-day limit described in that section; 
(4) disregard the additional amount of benefits that a 
household receives as a result of this section in determining 
the amount of overissuances under section 13 of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2022); and 
(5) set the tolerance level for excluding small errors for 
the purposes of section 16(c) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2025(c)) at $50 through September 30, 2009. 
(c) ADMINISTRATIVE EXPENSES.— 
(1) IN
GENERAL.—For the costs of State administrative 
expenses associated with carrying out this section and admin-
istering the supplemental nutrition assistance program estab-
lished under the Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.), the Secretary shall make available $145,000,000 
in fiscal year 2009 and $150,000,000 in fiscal year 2010, of 
which $4,500,000 is for necessary expenses of the Food and 
Nutrition Service for management and oversight of the program 
and for monitoring the integrity and evaluating the effects 
of the payments made under this section. 
(2) TIMING FOR FISCAL YEAR 2009.—Not later than 60 days 
after the date of enactment of this Act, the Secretary shall 
make available to States amounts for fiscal year 2009 under 
paragraph (1). 
(3) ALLOCATION OF FUNDS.—Except as provided for manage-
ment and oversight, funds described in paragraph (1) shall
H. R. 1—7 
be made available as grants to State agencies for each fiscal 
year as follows: 
(A) 75 percent of the amounts available for each fiscal 
year shall be allocated to States based on the share of 
each State of households that participate in the supple-
mental nutrition assistance program as reported to the 
Department of Agriculture for the most recent 12-month 
period for which data are available, adjusted by the Sec-
retary (as of the date of enactment) for participation in 
disaster programs under section 5(h) of the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2014(h)); and 
(B) 25 percent of the amounts available for each fiscal 
year shall be allocated to States based on the increase 
in the number of households that participate in the supple-
mental nutrition assistance program as reported to the 
Department of Agriculture over the most recent 12-month 
period for which data are available, adjusted by the Sec-
retary (as of the date of enactment) for participation in 
disaster programs under section 5(h) of the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2014(h)). 
(d) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.— 
For the costs relating to facility improvements and equipment 
upgrades associated with the Food Distribution Program on Indian 
Reservations, as established under section 4(b) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2013(b)), the Secretary shall make 
available $5,000,000: Provided, That administrative cost-sharing 
requirements are not applicable to funds provided in accordance 
with this provision. 
(e) TREATMENT OF JOBLESS WORKERS.— 
(1) REMAINDER OF FISCAL YEAR 2009 THROUGH FISCAL YEAR 
2010.—Beginning with the first month that begins not less than 
25 days after the date of enactment of this Act and for each 
subsequent month through September 30, 2010, eligibility for 
supplemental nutrition assistance program benefits shall not 
be limited under section 6(o)(2) of the Food and Nutrition 
Act of 2008 unless an individual does not comply with the 
requirements of a program offered by the State agency that 
meets the standards of subparagraphs (B) or (C) of that para-
graph. 
(2) FISCAL
YEAR
2011
AND
THEREAFTER.—Beginning on 
October 1, 2010, for the purposes of section 6(o) of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2015(o)), a State agency 
shall disregard any period during which an individual received 
benefits under the supplemental nutrition assistance program 
prior to October 1, 2010. 
(f) FUNDING.—There are appropriated to the Secretary out of 
funds of the Treasury not otherwise appropriated such sums as 
are necessary to carry out this section. 
SEC. 102. AGRICULTURAL DISASTER ASSISTANCE TRANSITION. (a) 
FEDERAL CROP INSURANCE ACT. Section 531(g) of the Federal Crop 
Insurance Act (7 U.S.C. 1531(g)) is amended by adding at the 
end the following: 
‘‘(7) 2008 TRANSITION ASSISTANCE.— 
‘‘(A) IN
GENERAL.—Eligible producers on a farm 
described in subparagraph (A) of paragraph (4) that failed 
to timely pay the appropriate fee described in that subpara-
graph shall be eligible for assistance under this section
H. R. 1—8 
in accordance with subparagraph (B) if the eligible pro-
ducers on the farm— 
‘‘(i) pay the appropriate fee described in paragraph 
(4)(A) not later than 90 days after the date of enact-
ment of this paragraph; and 
‘‘(ii)(I) in the case of each insurable commodity 
of the eligible producers on the farm, excluding grazing 
land, agree to obtain a policy or plan of insurance 
under subtitle A (excluding a crop insurance pilot pro-
gram under that subtitle) for the next insurance year 
for which crop insurance is available to the eligible 
producers on the farm at a level of coverage equal 
to 70 percent or more of the recorded or appraised 
average yield indemnified at 100 percent of the 
expected market price, or an equivalent coverage; and 
‘‘(II) in the case of each noninsurable commodity 
of the eligible producers on the farm, agree to file 
the required paperwork, and pay the administrative 
fee by the applicable State filing deadline, for the non-
insured crop assistance program for the next year for 
which a policy is available. 
‘‘(B) AMOUNT OF ASSISTANCE.—Eligible producers on 
a farm that meet the requirements of subparagraph (A) 
shall be eligible to receive assistance under this section 
as if the eligible producers on the farm— 
‘‘(i) in the case of each insurable commodity of 
the eligible producers on the farm, had obtained a 
policy or plan of insurance for the 2008 crop year 
at a level of coverage not to exceed 70 percent or 
more of the recorded or appraised average yield indem-
nified at 100 percent of the expected market price, 
or an equivalent coverage; and 
‘‘(ii) in the case of each noninsurable commodity 
of the eligible producers on the farm, had filed the 
required paperwork, and paid the administrative fee 
by the applicable State filing deadline, for the non-
insured crop assistance program for the 2008 crop year, 
except that in determining the level of coverage, the 
Secretary shall use 70 percent of the applicable yield. 
‘‘(C) EQUITABLE
RELIEF.—Except as provided in 
subparagraph (D), eligible producers on a farm that met 
the requirements of paragraph (1) before the deadline 
described in paragraph (4)(A) and are eligible to receive, 
a disaster assistance payment under this section for a 
production loss during the 2008 crop year shall be eligible 
to receive an amount equal to the greater of— 
‘‘(i) the amount that would have been calculated 
under subparagraph (B) if the eligible producers on 
the farm had paid the appropriate fee under that 
subparagraph; or 
‘‘(ii) the amount that would have been calculated 
under subparagraph (A) of subsection (b)(3) if— 
‘‘(I) in clause (i) of that subparagraph, ‘120 
percent’ is substituted for ‘115 percent’; and 
‘‘(II) in clause (ii) of that subparagraph, ‘125’ 
is substituted for ‘120 percent’.
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‘‘(D) LIMITATION.—For amounts made available under 
this paragraph, the Secretary may make such adjustments 
as are necessary to ensure that no producer receives a 
payment under this paragraph for an amount in excess 
of the assistance received by a similarly situated producer 
that had purchased the same or higher level of crop insur-
ance prior to the date of enactment of this paragraph. 
‘‘(E) AUTHORITY
OF
THE
SECRETARY.—The Secretary 
may provide such additional assistance as the Secretary 
considers appropriate to provide equitable treatment for 
eligible producers on a farm that suffered production losses 
in the 2008 crop year that result in multiyear production 
losses, as determined by the Secretary. 
‘‘(F) LACK
OF
ACCESS.—Notwithstanding any other 
provision of this section, the Secretary may provide assist-
ance under this section to eligible producers on a farm 
that— 
‘‘(i) suffered a production loss due to a natural 
cause during the 2008 crop year; and 
‘‘(ii) as determined by the Secretary— 
‘‘(I)(aa) except as provided in item (bb), lack 
access to a policy or plan of insurance under sub-
title A; or 
‘‘(bb) do not qualify for a written agreement 
because 1 or more farming practices, which the 
Secretary has determined are good farming prac-
tices, of the eligible producers on the farm differ 
significantly from the farming practices used by 
producers of the same crop in other regions of 
the United States; and 
‘‘(II) are not eligible for the noninsured crop 
disaster assistance program established by section 
196 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7333).’’. 
(b) TRADE ACT OF 1974.—Section 901(g) of the Trade Act of 
1974 (19 U.S.C. 2497(g)) is amended by adding at the end the 
following: 
‘‘(7) 2008 TRANSITION ASSISTANCE.— 
‘‘(A) IN
GENERAL.—Eligible producers on a farm 
described in subparagraph (A) of paragraph (4) that failed 
to timely pay the appropriate fee described in that subpara-
graph shall be eligible for assistance under this section 
in accordance with subparagraph (B) if the eligible pro-
ducers on the farm— 
‘‘(i) pay the appropriate fee described in paragraph 
(4)(A) not later than 90 days after the date of enact-
ment of this paragraph; and 
‘‘(ii)(I) in the case of each insurable commodity 
of the eligible producers on the farm, excluding grazing 
land, agree to obtain a policy or plan of insurance 
under the Federal Crop Insurance Act (7 U.S.C. 1501 
et seq.) (excluding a crop insurance pilot program 
under that Act) for the next insurance year for which 
crop insurance is available to the eligible producers 
on the farm at a level of coverage equal to 70 percent 
or more of the recorded or appraised average yield
H. R. 1—10 
indemnified at 100 percent of the expected market 
price, or an equivalent coverage; and 
‘‘(II) in the case of each noninsurable commodity 
of the eligible producers on the farm, agree to file 
the required paperwork, and pay the administrative 
fee by the applicable State filing deadline, for the non-
insured crop assistance program for the next year for 
which a policy is available. 
‘‘(B) AMOUNT OF ASSISTANCE.—Eligible producers on 
a farm that meet the requirements of subparagraph (A) 
shall be eligible to receive assistance under this section 
as if the eligible producers on the farm— 
‘‘(i) in the case of each insurable commodity of 
the eligible producers on the farm, had obtained a 
policy or plan of insurance for the 2008 crop year 
at a level of coverage not to exceed 70 percent or 
more of the recorded or appraised average yield indem-
nified at 100 percent of the expected market price, 
or an equivalent coverage; and 
‘‘(ii) in the case of each noninsurable commodity 
of the eligible producers on the farm, had filed the 
required paperwork, and paid the administrative fee 
by the applicable State filing deadline, for the non-
insured crop assistance program for the 2008 crop year, 
except that in determining the level of coverage, the 
Secretary shall use 70 percent of the applicable yield. 
‘‘(C) EQUITABLE
RELIEF.—Except as provided in 
subparagraph (D), eligible producers on a farm that met 
the requirements of paragraph (1) before the deadline 
described in paragraph (4)(A) and are eligible to receive, 
a disaster assistance payment under this section for a 
production loss during the 2008 crop year shall be eligible 
to receive an amount equal to the greater of— 
‘‘(i) the amount that would have been calculated 
under subparagraph (B) if the eligible producers on 
the farm had paid the appropriate fee under that 
subparagraph; or 
‘‘(ii) the amount that would have been calculated 
under subparagraph (A) of subsection (b)(3) if— 
‘‘(I) in clause (i) of that subparagraph, ‘120 
percent’ is substituted for ‘115 percent’; and 
‘‘(II) in clause (ii) of that subparagraph, ‘125’ 
is substituted for ‘120 percent’. 
‘‘(D) LIMITATION.—For amounts made available under 
this paragraph, the Secretary may make such adjustments 
as are necessary to ensure that no producer receives a 
payment under this paragraph for an amount in excess 
of the assistance received by a similarly situated producer 
that had purchased the same or higher level of crop insur-
ance prior to the date of enactment of this paragraph. 
‘‘(E) AUTHORITY
OF
THE
SECRETARY.—The Secretary 
may provide such additional assistance as the Secretary 
considers appropriate to provide equitable treatment for 
eligible producers on a farm that suffered production losses 
in the 2008 crop year that result in multiyear production 
losses, as determined by the Secretary.
H. R. 1—11 
‘‘(F) LACK
OF
ACCESS.—Notwithstanding any other 
provision of this section, the Secretary may provide assist-
ance under this section to eligible producers on a farm 
that— 
‘‘(i) suffered a production loss due to a natural 
cause during the 2008 crop year; and 
‘‘(ii) as determined by the Secretary— 
‘‘(I)(aa) except as provided in item (bb), lack 
access to a policy or plan of insurance under sub-
title A; or 
‘‘(bb) do not qualify for a written agreement 
because 1 or more farming practices, which the 
Secretary has determined are good farming prac-
tices, of the eligible producers on the farm differ 
significantly from the farming practices used by 
producers of the same crop in other regions of 
the United States; and 
‘‘(II) are not eligible for the noninsured crop 
disaster assistance program established by section 
196 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7333).’’. 
(c) FARM OPERATING LOANS.— 
(1) IN GENERAL.—For the principal amount of direct farm 
operating loans under section 311 of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1941), $173,367,000. 
(2) DIRECT FARM OPERATING LOANS.—For the cost of direct 
farm operating loans, including the cost of modifying loans, 
as defined in section 502 of the Congressional Budget Act 
of 1974 (2 U.S.C. 661a), $20,440,000. 
(d) 2008 AQUACULTURE ASSISTANCE.— 
(1) DEFINITIONS.—In this subsection: 
(A) ELIGIBLE
AQUACULTURE
PRODUCER.—The term 
‘‘eligible aquaculture producer’’ means an aquaculture pro-
ducer that during the 2008 calendar year, as determined 
by the Secretary— 
(i) produced an aquaculture species for which feed 
costs represented a substantial percentage of the input 
costs of the aquaculture operation; and 
(ii) experienced a substantial price increase of feed 
costs above the previous 5-year average. 
(B) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Agriculture. 
(2) GRANT PROGRAM.— 
(A) IN
GENERAL.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use not more than 
$50,000,000, to remain available until September 30, 2010, 
to carry out a program of grants to States to assist eligible 
aquaculture producers for losses associated with high feed 
input costs during the 2008 calendar year. 
(B) NOTIFICATION.—Not later than 60 days after the 
date of enactment of this Act, the Secretary shall notify 
the State department of agriculture (or similar entity) in 
each State of the availability of funds to assist eligible 
aquaculture producers, including such terms as determined 
by the Secretary to be necessary for the equitable treatment 
of eligible aquaculture producers. 
(C) PROVISION OF GRANTS.—
H. R. 1—12 
(i) IN GENERAL.—The Secretary shall make grants 
to States under this subsection on a pro rata basis 
based on the amount of aquaculture feed used in each 
State during the 2007 calendar year, as determined 
by the Secretary. 
(ii) TIMING.—Not later than 120 days after the 
date of enactment of this Act, the Secretary shall make 
grants to States to provide assistance under this sub-
section. 
(D) REQUIREMENTS.—The Secretary shall make grants 
under this subsection only to States that demonstrate to 
the satisfaction of the Secretary that the State will— 
(i) use grant funds to assist eligible aquaculture 
producers; 
(ii) provide assistance to eligible aquaculture pro-
ducers not later than 60 days after the date on which 
the State receives grant funds; and 
(iii) not later than 30 days after the date on which 
the State provides assistance to eligible aquaculture 
producers, submit to the Secretary a report that 
describes— 
(I) the manner in which the State provided 
assistance; 
(II) the amounts of assistance provided per 
species of aquaculture; and 
(III) the process by which the State deter-
mined the levels of assistance to eligible aqua-
culture producers. 
(3) REDUCTION IN PAYMENTS.—An eligible aquaculture pro-
ducer that receives assistance under this subsection shall not 
be eligible to receive any other assistance under the supple-
mental agricultural disaster assistance program established 
under section 531 of the Federal Crop Insurance Act (7 U.S.C. 
1531) and section 901 of the Trade Act of 1974 (19 U.S.C. 
2497) for any losses in 2008 relating to the same species of 
aquaculture. 
(4) REPORT TO CONGRESS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall submit 
to the appropriate committees of Congress a report that— 
(A) describes in detail the manner in which this sub-
section has been carried out; and 
(B) includes the information reported to the Secretary 
under paragraph (2)(D)(iii). 
SEC. 103. For fiscal years 2009 and 2010, in the case of each 
program established or amended by the Food, Conservation, and 
Energy Act of 2008 (Public Law 110–246), other than by title 
I of such Act, that is authorized or required to be carried out 
using funds of the Commodity Credit Corporation— 
(1) such funds shall be available for the purpose of covering 
salaries and related administrative expenses, including tech-
nical assistance, associated with the implementation of the 
program, without regard to the limitation on the total amount 
of allotments and fund transfers contained in section 11 of 
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); 
and 
(2) the use of such funds for such purpose shall not be 
considered to be a fund transfer or allotment for purposes
H. R. 1—13 
of applying the limitation on the total amount of allotments 
and fund transfers contained in such section. 
SEC. 104. In addition to other available funds, of the funds 
made available to the Rural Development mission area in this 
title, not more than 3 percent of the funds can be used for adminis-
trative costs to carry out loan, loan guarantee and grant activities 
funded in this title, which shall be transferred to and merged 
with the appropriation for ‘‘Rural Development, Salaries and 
Expenses’’: Provided, That of this amount $1,750,000 shall be com-
mitted to agency projects associated with maintaining the compli-
ance, safety, and soundness of the portfolio of loans guaranteed 
through the section 502 guaranteed loan program. 
SEC. 105. Of the amounts appropriated in this title to the 
‘‘Rural Housing Service, Rural Community Facilities Program 
Account’’, the ‘‘Rural Business-Cooperative Service, Rural Business 
Program Account’’, and the ″Rural Utilities Service, Rural Water 
and Waste Disposal Program Account’’, at least 10 percent shall 
be allocated for assistance in persistent poverty counties: Provided, 
That for the purposes of this section, the term ‘‘persistent poverty 
counties’’ means any county that has had 20 percent or more 
of its population living in poverty over the past 30 years, as meas-
ured by the 1980, 1990, and 2000 decennial censuses. 
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED 
AGENCIES 
DEPARTMENT OF COMMERCE 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For an additional amount for ‘‘Economic Development Assist-
ance Programs’’, $150,000,000: Provided, That $50,000,000 shall 
be for economic adjustment assistance as authorized by section 
209 of the Public Works and Economic Development Act of 1965, 
as amended (42 U.S.C. 3149): Provided further, That in allocating 
the funds provided in the previous proviso, the Secretary of Com-
merce shall give priority consideration to areas of the Nation that 
have experienced sudden and severe economic dislocation and job 
loss due to corporate restructuring: Provided further, That not to 
exceed 2 percent of the funds provided under this heading may 
be transferred to and merged with the appropriation for ‘‘Salaries 
and Expenses’’ for purposes of program administration and over-
sight: Provided further, That up to $50,000,000 of the funds provided 
under this heading may be transferred to federally authorized 
regional economic development commissions. 
BUREAU OF THE CENSUS 
PERIODIC CENSUSES AND PROGRAMS 
For an additional amount for ‘‘Periodic Censuses and Pro-
grams’’, $1,000,000,000.
H. R. 1—14 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM 
For an amount for ‘‘Broadband Technology Opportunities Pro-
gram’’, $4,700,000,000: Provided, That of the funds provided under 
this heading, not less than $4,350,000,000 shall be expended pursu-
ant to division B of this Act, of which: not less than $200,000,000 
shall be available for competitive grants for expanding public com-
puter center capacity, including at community colleges and public 
libraries; not less than $250,000,000 shall be available for competi-
tive grants for innovative programs to encourage sustainable adop-
tion of broadband service; and $10,000,000 shall be transferred 
to ‘‘Department of Commerce, Office of Inspector General’’ for the 
purposes of audits and oversight of funds provided under this 
heading and such funds shall remain available until expended: 
Provided further, That of the funds provided under this heading, 
up to $350,000,000 may be expended pursuant to Public Law 110– 
385 (47 U.S.C. 1301 note) and for the purposes of developing and 
maintaining a broadband inventory map pursuant to division B 
of this Act: Provided further, That of the funds provided under 
this heading, amounts deemed necessary and appropriate by the 
Secretary of Commerce, in consultation with the Federal Commu-
nications Commission (FCC), may be transferred to the FCC for 
the purposes of developing a national broadband plan or for carrying 
out any other FCC responsibilities pursuant to division B of this 
Act, and only if the Committees on Appropriations of the House 
and the Senate are notified not less than 15 days in advance 
of the transfer of such funds: Provided further, That not more 
than 3 percent of funds provided under this heading may be used 
for administrative costs, and this limitation shall apply to funds 
which may be transferred to the FCC. 
DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM 
For an amount for ‘‘Digital-to-Analog Converter Box Program’’, 
$650,000,000, for additional coupons and related activities under 
the program implemented under section 3005 of the Digital Tele-
vision Transition and Public Safety Act of 2005: Provided, That 
of the amounts provided under this heading, $90,000,000 may be 
for education and outreach, including grants to organizations for 
programs to educate vulnerable populations, including senior citi-
zens, minority communities, people with disabilities, low-income 
individuals, and people living in rural areas, about the transition 
and to provide one-on-one assistance to vulnerable populations, 
including help with converter box installation: Provided further, 
That the amounts provided in the previous proviso may be trans-
ferred to the Federal Communications Commission (FCC) if deemed 
necessary and appropriate by the Secretary of Commerce in con-
sultation with the FCC, and only if the Committees on Appropria-
tions of the House and the Senate are notified not less than 5 
days in advance of transfer of such funds.
H. R. 1—15 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For an additional amount for ‘‘Scientific and Technical Research 
and Services’’, $220,000,000. 
CONSTRUCTION OF RESEARCH FACILITIES 
For an additional amount for ‘‘Construction of Research Facili-
ties’’, $360,000,000, of which $180,000,000 shall be for a competitive 
construction grant program for research science buildings. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’, $230,000,000. 
PROCUREMENT, ACQUISITION AND CONSTRUCTION 
For an additional amount for ‘‘Procurement, Acquisition and 
Construction’’, $600,000,000. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector General’’, 
$6,000,000, to remain available until September 30, 2013. 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector General’’, 
$2,000,000, to remain available until September 30, 2013. 
STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 
OFFICE ON VIOLENCE AGAINST WOMEN 
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION 
PROGRAMS 
For an additional amount for ‘‘Violence Against Women Preven-
tion and Prosecution Programs’’, $225,000,000 for grants to combat 
violence against women, as authorized by part T of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg 
et seq.): Provided, That, $50,000,000 shall be for transitional 
housing assistance grants for victims of domestic violence, stalking 
or sexual assault as authorized by section 40299 of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public Law 
103–322).
H. R. 1—16 
OFFICE OF JUSTICE PROGRAMS 
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $2,000,000,000, for the Edward Byrne Memorial 
Justice Assistance Grant program as authorized by subpart 1 of 
part E of title I of the Omnibus Crime Control and Safe Streets 
Acts of 1968 (‘‘1968 Act’’), (except that section 1001(c), and the 
special rules for Puerto Rico under section 505(g), of the 1968 
Act, shall not apply for purposes of this Act). 
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $225,000,000, for competitive grants to improve 
the functioning of the criminal justice system, to assist victims 
of crime (other than compensation), and youth mentoring grants. 
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $40,000,000, for competitive grants to provide 
assistance and equipment to local law enforcement along the 
Southern border and in High-Intensity Drug Trafficking Areas to 
combat criminal narcotics activity stemming from the Southern 
border, of which $10,000,000 shall be transferred to ‘‘Bureau of 
Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses’’ 
for the ATF Project Gunrunner. 
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $225,000,000, for assistance to Indian tribes, 
notwithstanding Public Law 108–199, division B, title I, section 
112(a)(1) (118 Stat. 62), which shall be available for grants under 
section 20109 of subtitle A of title II of the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103–322). 
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $100,000,000, to be distributed by the Office 
for Victims of Crime in accordance with section 1402(d)(4) of the 
Victims of Crime Act of 1984 (Public Law 98–473). 
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $125,000,000, for assistance to law enforcement 
in rural States and rural areas, to prevent and combat crime, 
especially drug-related crime. 
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $50,000,000, for Internet Crimes Against Chil-
dren (ICAC) initiatives. 
COMMUNITY ORIENTED POLICING SERVICES 
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, $1,000,000,000. 
SALARIES AND EXPENSES 
For an additional amount, not elsewhere specified in this title, 
for management and administration and oversight of programs 
within the Office on Violence Against Women, the Office of Justice 
Programs, and the Community Oriented Policing Services Office, 
$10,000,000.
H. R. 1—18 
TITLE III—DEPARTMENT OF DEFENSE 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Maintenance, 
Army’’, $1,474,525,000, to remain available for obligation until Sep-
tember 30, 2010, to improve, repair and modernize Department 
of Defense facilities, restore and modernize real property to include 
barracks, and invest in the energy efficiency of Department of 
Defense facilities. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Maintenance, 
Navy’’, $657,051,000, to remain available for obligation until Sep-
tember 30, 2010, to improve, repair and modernize Department 
of Defense facilities, restore and modernize real property to include 
barracks, and invest in the energy efficiency of Department of 
Defense facilities. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps’’, $113,865,000, to remain available for obligation 
until September 30, 2010, to improve, repair and modernize Depart-
ment of Defense facilities, restore and modernize real property 
to include barracks, and invest in the energy efficiency of Depart-
ment of Defense facilities. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force’’, $1,095,959,000, to remain available for obligation until 
September 30, 2010, to improve, repair and modernize Department 
of Defense facilities, restore and modernize real property to include 
barracks, and invest in the energy efficiency of Department of 
Defense facilities. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Army Reserve’’, $98,269,000, to remain available for obligation until 
September 30, 2010, to improve, repair and modernize Department 
of Defense facilities, restore and modernize real property to include 
barracks, and invest in the energy efficiency of Department of 
Defense facilities. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Navy Reserve’’, $55,083,000, to remain available for obligation until 
September 30, 2010, to improve, repair and modernize Department 
of Defense facilities, restore and modernize real property to include 
barracks, and invest in the energy efficiency of Department of 
Defense facilities.
H. R. 1—19 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps Reserve’’, $39,909,000, to remain available for obliga-
tion until September 30, 2010, to improve, repair and modernize 
Department of Defense facilities, restore and modernize real prop-
erty to include barracks, and invest in the energy efficiency of 
Department of Defense facilities. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force Reserve’’, $13,187,000, to remain available for obligation 
until September 30, 2010, to improve, repair and modernize Depart-
ment of Defense facilities, restore and modernize real property 
to include barracks, and invest in the energy efficiency of Depart-
ment of Defense facilities. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Army National Guard’’, $266,304,000, to remain available for obliga-
tion until September 30, 2010, to improve, repair and modernize 
Department of Defense facilities, restore and modernize real prop-
erty to include barracks, and invest in the energy efficiency of 
Department of Defense facilities. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Air National Guard’’, $25,848,000, to remain available for obligation 
until September 30, 2010, to improve, repair and modernize Depart-
ment of Defense facilities, restore and modernize real property 
to include barracks, and invest in the energy efficiency of Depart-
ment of Defense facilities. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Army’’, $75,000,000, to remain available for obliga-
tion until September 30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Navy’’, $75,000,000, to remain available for obliga-
tion until September 30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Air Force’’, $75,000,000, to remain available for 
obligation until September 30, 2010.
H. R. 1—20 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Defense-Wide’’, $75,000,000, to remain available 
for obligation until September 30, 2010. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Program’’, 
$400,000,000 for operation and maintenance, to remain available 
for obligation until September 30, 2010, to improve, repair and 
modernize military medical facilities, and invest in the energy effi-
ciency of military medical facilities. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for ‘‘Office of the Inspector General’’, 
$15,000,000 for operation and maintenance, to remain available 
for obligation until September 30, 2011. 
TITLE IV—ENERGY AND WATER DEVELOPMENT 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
INVESTIGATIONS 
For an additional amount for ‘‘Investigations’’, $25,000,000: Pro-
vided, That funds provided under this heading in this title shall 
only be used for programs, projects or activities that heretofore 
or hereafter receive funds provided in Acts making appropriations 
available for Energy and Water Development: Provided further, 
That funds provided under this heading in this title shall be used 
for programs, projects or activities or elements of programs, projects 
or activities that can be completed within the funds made available 
in that account and that will not require new budget authority 
to complete: Provided further, That for projects that are being 
completed with funds appropriated in this Act that would otherwise 
be expired for obligation, expired funds appropriated in this Act 
may be used to pay the cost of associated supervision, inspection, 
overhead, engineering and design on those projects and on subse-
quent claims, if any: Provided further, That the Secretary of the 
Army shall submit a quarterly report to the Committees on Appro-
priations of the House of Representatives and the Senate detailing 
the allocation, obligation and expenditures of these funds, beginning 
not later than 45 days after enactment of this Act: Provided further, 
That the Secretary shall have unlimited reprogramming authority 
for these funds provided under this heading. 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, $2,000,000,000: 
Provided, That not less than $200,000,000 of the funds provided
H. R. 1—21 
shall be for water-related environmental infrastructure assistance: 
Provided further, 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 notwithstanding any other provision of law, funds 
provided in this paragraph shall not be cost shared with the Inland 
Waterways Trust Fund as authorized in Public Law 99–662: Pro-
vided further, That funds provided under this heading in this title 
shall only be used for programs, projects or activities that heretofore 
or hereafter receive funds provided in Acts making appropriations 
available for Energy and Water Development: Provided further, 
That funds provided under this heading in this title shall be used 
for programs, projects or activities or elements of programs, projects 
or activities that can be completed within the funds made available 
in that account and that will not require new budget authority 
to complete: Provided further, That the limitation concerning total 
project costs in section 902 of the Water Resources Development 
Act of 1986, as amended (33 U.S.C. 2280), shall not apply during 
fiscal year 2009 to any project that received funds provided in 
this title: Provided further, That funds appropriated under this 
heading may be used by the Secretary of the Army, acting through 
the Chief of Engineers, to undertake work authorized to be carried 
out in accordance with section 14 of the Flood Control Act of 
1946 (33 U.S.C. 701r); section 205 of the Flood Control Act of 
1948 (33 U.S.C. 701s); section 206 of the Water Resources Develop-
ment Act of 1996 (33 U.S.C. 2330); or section 1135 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2309a), notwith-
standing the program cost limitations set forth in those sections: 
Provided further, That for projects that are being completed with 
funds appropriated in this Act that would otherwise be expired 
for obligation, expired funds appropriated in this Act 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 Army shall 
submit a quarterly report to the Committees on Appropriations 
of the House of Representatives and the Senate detailing the alloca-
tion, obligation and expenditures of these funds, beginning not 
later than 45 days after enactment of this Act: Provided further, 
That the Secretary shall have unlimited reprogramming authority 
for these funds provided under this heading. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For an additional amount for ‘‘Mississippi River and Tribu-
taries’’, $375,000,000: Provided, That funds provided under this 
heading in this title shall only be used for programs, projects 
or activities that heretofore or hereafter receive funds provided 
in Acts making appropriations available for Energy and Water 
Development: Provided further, That funds provided under this 
heading in this title shall be used for programs, projects or activities 
or elements of programs, projects or activities that can be completed 
within the funds made available in that account and that will 
not require new budget authority to complete: Provided further, 
That the limitation concerning total project costs in section 902 
of the Water Resources Development Act of 1986, as amended 
(33 U.S.C. 2280), shall not apply during fiscal year 2009 to any 
project that received funds provided in this title: Provided further, 
That for projects that are being completed with funds appropriated