202 
AMDT. NO. 98 
(part XXIX of Public Law 101–510; 10 
U.S.C. 2687 note); 
‘‘(iii) that the property was purchased 
by the owner before July 1, 2006; 
‘‘(iv) that the property was sold by 
the owner between July 1, 2006, and Sep-
tember 30, 2012, or an earlier end date 
designated by the Secretary; 
‘‘(v) that the property is the primary 
residence of the owner; and 
‘‘(vi) that the owner has not pre-
viously received benefit payments author-
ized under this subsection. 
‘‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED 
MEMBERS OF THE ARMED FORCES, DEPARTMENT OF 
DEFENSE AND UNITED STATES COAST GUARD CIVIL-
IAN
EMPLOYEES, AND
THEIR
SPOUSES.—Notwith-
standing any other provision of law, the Secretary of 
Defense is authorized to acquire title to, hold, man-
age, and dispose of, or, in lieu thereof, to reimburse 
for certain losses upon private sale of, or foreclosure 
against, any property improved with a one- or two- 
family dwelling which was at the time of the relevant 
wound, injury, or illness, the primary residence of— 
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203 
AMDT. NO. 98 
‘‘(A) any member of the Armed Forces in 
medical transition who— 
‘‘(i) incurred a wound, injury, or ill-
ness in the line of duty during a deploy-
ment in support of the Armed Forces; 
‘‘(ii) is disabled to a degree of 30 per-
cent or more as a result of such wound, in-
jury, or illness, as determined by the Sec-
retary of Defense or the Secretary of Vet-
erans Affairs; and 
‘‘(iii) is reassigned in furtherance of 
medical treatment or rehabilitation, or due 
to medical retirement in connection with 
such disability; 
‘‘(B) any civilian employee of the Depart-
ment of Defense or the United States Coast 
Guard who— 
‘‘(i) was wounded, injured, or became 
ill in the line of duty during a forward de-
ployment in support of the Armed Forces; 
and 
‘‘(ii) is reassigned in furtherance of 
medical treatment, rehabilitation, or due to 
medical retirement resulting from the sus-
tained disability; or 
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204 
AMDT. NO. 98 
‘‘(C) the spouse of a member of the Armed 
Forces or a civilian employee of the Department 
of Defense or the United States Coast Guard 
if— 
‘‘(i) the member or employee was 
killed in the line of duty during a deploy-
ment in support of the Armed Forces or 
died from a wound, injury, or illness in-
curred in the line of duty during such a 
deployment; and 
‘‘(ii) the spouse relocates from such 
residence within 2 years after the death of 
such member or employee. 
‘‘(3) TEMPORARY
HOMEOWNER
ASSISTANCE 
FOR
MEMBERS
OF
THE
ARMED
FORCES
PERMA-
NENTLY REASSIGNED DURING SPECIFIED MORTGAGE 
CRISIS.—Notwithstanding any other provision of 
law, the Secretary of Defense is authorized to ac-
quire title to, hold, manage, and dispose of, or, in 
lieu thereof, to reimburse for certain losses upon pri-
vate sale of, or foreclosure against, any property im-
proved with a one- or two-family dwelling situated at 
or near a military base or installation, if the Sec-
retary determines— 
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205 
AMDT. NO. 98 
‘‘(A) that the owner is a member of the 
Armed Forces serving on permanent assign-
ment; 
‘‘(B) that the owner is permanently reas-
signed by order of the United States Govern-
ment to a duty station or home port outside a 
50-mile radius of the base or installation; 
‘‘(C) that the reassignment was ordered 
between February 1, 2006, and September 30, 
2012, or an earlier end date designated by the 
Secretary; 
‘‘(D) that the property was purchased by 
the owner before July 1, 2006; 
‘‘(E) that the property was sold by the 
owner between July 1, 2006, and September 
30, 2012, or an earlier end date designated by 
the Secretary; 
‘‘(F) that the property is the primary resi-
dence of the owner; and 
‘‘(G) that the owner has not previously re-
ceived benefit payments authorized under this 
subsection.’’; 
(2) in subsection (b), by striking ‘‘this section’’ 
each place it appears and inserting ‘‘subsection 
(a)(1)’’; 
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206 
AMDT. NO. 98 
(3) in subsection (c)— 
(A) by striking ‘‘Such persons’’ and insert-
ing the following: 
‘‘(1) HOMEOWNER
ASSISTANCE
RELATED
TO 
CLOSED MILITARY INSTALLATIONS.— 
‘‘(A) IN GENERAL.—Such persons’’; 
(B) by striking ‘‘set forth above shall elect 
either (1) to receive’’ and inserting the fol-
lowing: ‘‘set forth in subsection (a)(1) shall 
elect either— 
‘‘(i) to receive’’; 
(C) by striking ‘‘difference between (A) 95 
per centum’’ and all that follows through ‘‘(B) 
the fair market value’’ and inserting the fol-
lowing: ‘‘difference between— 
‘‘(I) 95 per centum of the fair 
market value of their property (as 
such value is determined by the Sec-
retary of Defense) prior to public an-
nouncement of intention to close all or 
part of the military base or installa-
tion; and 
‘‘(II) the fair market value’’; 
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207 
AMDT. NO. 98 
(D) by striking ‘‘time of the sale, or (2) to 
receive’’ and inserting the following: ‘‘time of 
the sale; or 
‘‘(ii) to receive’’; 
(E) by striking ‘‘outstanding mortgages. 
The Secretary may also pay a person who elects 
to receive a cash payment under clause (1) of 
the preceding sentence an amount’’ and insert-
ing ‘‘outstanding mortgages. 
‘‘(B) REIMBURSEMENT
OF
EXPENSES.— 
The Secretary may also pay a person who elects 
to receive a cash payment under subparagraph 
(A) an amount’’; and 
(F) by striking ‘‘best interest of the Fed-
eral Government. Cash payment’’ and inserting 
the following: ‘‘best interest of the United 
States. 
‘‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED 
INDIVIDUALS AND THEIR SPOUSES.— 
‘‘(A) IN GENERAL.—Persons eligible under 
the criteria set forth in subsection (a)(2) may 
elect either— 
‘‘(i) to receive a cash payment as com-
pensation for losses which may be or have 
been sustained in a private sale, in an 
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208 
AMDT. NO. 98 
amount not to exceed the difference be-
tween— 
‘‘(I) 95 per centum of prior fair 
market value of their property (as 
such value is determined by the Sec-
retary of Defense); and 
‘‘(II) the fair market value of 
such property (as such value is so de-
termined) at the time of the wound, 
injury, or illness qualifying the indi-
vidual for benefits under subsection 
(a)(2); or 
‘‘(ii) to receive, as purchase price for 
their property an amount not to exceed 90 
per centum of prior fair market value as 
such value is determined by the Secretary 
of Defense, or the amount of the out-
standing mortgages. 
‘‘(B) DETERMINATION
OF
BENEFITS.— 
The Secretary may also pay a person who elects 
to receive a cash payment under subparagraph 
(A) an amount that the Secretary determines 
appropriate to reimburse the person for the 
costs incurred by the person in the sale of the 
property if the Secretary determines that such 
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209 
AMDT. NO. 98 
payment will benefit the person and is in the 
best interest of the United States. 
‘‘(3) HOMEOWNER
ASSISTANCE
FOR
PERMA-
NENTLY REASSIGNED INDIVIDUALS.— 
‘‘(A) IN GENERAL.—Persons eligible under 
the criteria set forth in subsection (a)(3) may 
elect either— 
‘‘(i) to receive a cash payment as com-
pensation for losses which may be or have 
been sustained in a private sale, in an 
amount not to exceed the difference be-
tween— 
‘‘(I) 95 per centum of prior fair 
market value of their property (as 
such value is determined by the Sec-
retary of Defense); and 
‘‘(II) the fair market value of 
such property (as such value is so de-
termined) at the time the person re-
ceived change of permanent station 
orders; or 
‘‘(ii) to receive, as purchase price for 
their property an amount not to exceed 90 
per centum of prior fair market value as 
such value is determined by the Secretary 
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210 
AMDT. NO. 98 
of Defense, or the amount of the out-
standing mortgages. 
‘‘(B) DETERMINATION
OF
BENEFITS.— 
The Secretary may also pay a person who elects 
to receive a cash payment under subparagraph 
(A) an amount that the Secretary determines 
appropriate to reimburse the person for the 
costs incurred by the person in the sale of the 
property if the Secretary determines that such 
payment will benefit the person and is in the 
best interest of the United States. 
‘‘(4) COMPENSATION
AND
LIMITATIONS
RE-
LATED TO FORECLOSURES AND ENCUMBRANCES.— 
Cash payment’’; 
(4) by striking subsection (g); 
(5) in subsection (l), by striking ‘‘(a)(2)’’ and 
inserting ‘‘(a)(1)(A)(ii)’’; 
(6) in subsection (m), by striking ‘‘this section’’ 
and inserting ‘‘subsection (a)(1)’’; 
(7) in subsection (n)— 
(A) in paragraph (1), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; and 
(B) in paragraph (2), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; 
(8) in subsection (o)— 
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211 
AMDT. NO. 98 
(A) in paragraph (1), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; 
(B) in paragraph (2), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)(1)’’; and 
(C) by striking paragraph (4); and 
(9) by adding at the end the following new sub-
section: 
‘‘(p) DEFINITIONS.—In this section: 
‘‘(1) the term ‘Armed Forces’ has the meaning 
given the term ‘armed forces’ in section 101(a) of 
title 10, United States Code; 
‘‘(2) the term ‘civilian employee’ has the mean-
ing given the term ‘employee’ in section 2105(a) of 
title 5, United States Code; 
‘‘(3) the term ‘medical transition’, in the case 
of a member of the Armed Forces, means a member 
who— 
‘‘(A) is in Medical Holdover status; 
‘‘(B) is in Active Duty Medical Extension 
status; 
‘‘(C) is in Medical Hold status; 
‘‘(D) is in a status pending an evaluation 
by a medical evaluation board; 
‘‘(E) has a complex medical need requiring 
six or more months of medical treatment; or 
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212 
AMDT. NO. 98 
‘‘(F) is assigned or attached to an Army 
Warrior Transition Unit, an Air Force Patient 
Squadron, a Navy Patient Multidisciplinary 
Care Team, or a Marine Patient Affairs Team/ 
Wounded Warrior Regiment; and 
‘‘(4) the term ‘nonappropriated fund instrumen-
tality employee’ means a civilian employee who— 
‘‘(A) is a citizen of the United States; and 
‘‘(B) is paid from nonappropriated funds 
of Army and Air Force Exchange Service, Navy 
Resale and Services Support Office, Marine 
Corps exchanges, or any other instrumentality 
of the United States under the jurisdiction of 
the Armed Forces which is conducted for the 
comfort, pleasure, contentment, or physical or 
mental improvement of members of the Armed 
Forces.’’. 
(b) CLERICAL AMENDMENT.—Such section is further 
amended in the section heading by inserting ‘‘and certain 
property owned by members of the armed forces, depart-
ment of defense and united states coast guard civilian em-
ployees, and surviving spouses’’ after ‘‘ordered to be 
closed’’. 
(c) AUTHORITY TO USE APPROPRIATED FUNDS.— 
Notwithstanding subsection (i) of such section, amounts 
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213 
AMDT. NO. 98 
appropriated or otherwise made available by this title 
under the heading ‘‘Homeowners Assistance Fund’’ may 
be used for the Homeowners Assistance Fund established 
under such section. 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS HEALTH ADMINISTRATION 
MEDICAL SUPPORT AND COMPLIANCE 
For an additional amount for ‘‘Medical Support and 
Compliance’’, $5,000,000, to remain available until Sep-
tember 30, 2010, to support contract administration and 
energy initiative execution at the Veterans Health Admin-
istration. 
MEDICAL FACILITIES 
For an additional amount for ‘‘Medical Facilities’’, 
$1,370,459,000, to remain available until September 30, 
2010, of which $1,047,313,000 shall be for facility condi-
tion assessment deficiencies and non-recurring mainte-
nance at existing medical facilities; and $323,146,000 
shall be for energy efficiency initiatives. 
NATIONAL CEMETERY ADMINISTRATION 
For an additional amount for ‘‘National Cemetery 
Administration’’, $64,961,000, to remain available until 
September 30, 2010, of which $59,476,000 shall be for 
capital infrastructure and memorial and monument re-
pairs; and $5,485,000 shall be for energy efficiency initia-
tives. 
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214 
AMDT. NO. 98 
DEPARTMENTAL ADMINISTRATION 
GENERAL OPERATING EXPENSES 
For an additional amount for ‘‘General Operating 
Expenses’’, $1,125,000, to remain available until Sep-
tember 30, 2010, for additional Full Time Equivalent sal-
ary and expenses for major construction project adminis-
tration and execution and energy initiative execution. 
INFORMATION TECHNOLOGY SYSTEMS 
For an additional amount for ‘‘Information Tech-
nology Systems’’, $195,000,000, to remain available until 
September 30, 2010, of which $145,000,000 shall be for 
the Veterans Benefits Administration’s development of 
paperless claims processing; and $50,000,000 shall be for 
the development of systems required to implement chapter 
33 of title 38, United States Code. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’, $4,400,000, to remain available until September 
30, 2010, for oversight and audit of programs, grants and 
projects funded under this title. 
CONSTRUCTION, MAJOR PROJECTS 
For an additional amount for ‘‘Construction, Major 
Projects’’, $1,105,333,000, to remain available until Sep-
tember 30, 2013, which shall be for acceleration and con-
struction of ongoing and planned construction, including 
physical security construction, of major medical facilities 
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215 
AMDT. NO. 98 
and National Cemeteries consistent with the Department 
of Veterans Affairs’ Five Year Capital Plan: Provided, 
That notwithstanding any other provision of law, such 
funds may be obligated and expended to carry out plan-
ning and design and major medical facility construction 
not otherwise authorized by law: Provided further, That 
within 30 days of enactment of this Act the Secretary of 
Veterans Affairs shall submit to the Committees on Ap-
propriations of both Houses of Congress an expenditure 
plan for funds provided under this heading prior to obliga-
tion. 
CONSTRUCTION, MINOR PROJECTS 
For an additional amount for ‘‘Construction, Minor 
Projects’’, $939,836,000, to remain available until Sep-
tember 30, 2010, of which $860,742,000 shall be for Vet-
erans 
Health 
Administration 
minor 
construction; 
$20,300,000 shall be for Veterans Benefits Administra-
tion minor construction, including $300,000 for energy ef-
ficiency initiatives; and $29,012,000 shall be for National 
Cemetery Administration minor construction. 
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE 
FACILITIES 
For an additional amount for ‘‘Grants for Construc-
tion of State Extended Care Facilities’’, $257,986,000, to 
remain available until September 30, 2010, for grants to 
assist States to acquire or construct State nursing home 
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216 
AMDT. NO. 98 
and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities 
in State homes, for furnishing care to veterans as author-
ized by sections 8131 through 8137 of title 38, United 
States Code. 
ADMINISTRATIVE PROVISION 
SEC. 1002. PAYMENTS TO ELIGIBLE PERSONS WHO 
SERVED IN THE UNITED STATES ARMED FORCES IN THE 
FAR EAST DURING WORLD WAR II. (a) FINDINGS.—Con-
gress makes the following findings: 
(1) The Philippine islands became a United 
States possession in 1898 when they were ceded 
from Spain following the Spanish-American War. 
(2) During World War II, Filipinos served in a 
variety of units, some of which came under the di-
rect control of the United States Armed Forces. 
(3) The regular Philippine Scouts, the new 
Philippine Scouts, the Guerilla Services, and more 
than 100,000 members of the Philippine Common-
wealth Army were called into the service of the 
United States Armed Forces of the Far East on 
July 26, 1941, by an executive order of President 
Franklin D. Roosevelt. 
(4) Even after hostilities had ceased, wartime 
service of the new Philippine Scouts continued as a 
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217 
AMDT. NO. 98 
matter of law until the end of 1946, and the force 
gradually disbanded and was disestablished in 1950. 
(5) Filipino veterans who were granted benefits 
prior to the enactment of the so-called Rescissions 
Acts of 1946 (Public Laws 79–301 and 79–391) 
currently receive full benefits under laws adminis-
tered by the Secretary of Veterans Affairs, but 
under section 107 of title 38, United States Code, 
the service of certain other Filipino veterans is 
deemed not to be active service for purposes of such 
laws. 
(6) These other Filipino veterans only receive 
certain benefits under title 38, United States Code, 
and, depending on where they legally reside, are paid 
such benefit amounts at reduced rates. 
(7) The benefits such veterans receive include 
service-connected compensation benefits paid under 
chapter 11 of title 38, United States Code, depend-
ency indemnity compensation survivor benefits paid 
under chapter 13 of title 38, United States Code, 
and burial benefits under chapters 23 and 24 of title 
38, United States Code, and such benefits are paid 
to beneficiaries at the rate of $0.50 per dollar au-
thorized, unless they lawfully reside in the United 
States. 
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218 
AMDT. NO. 98 
(8) Dependents’ educational assistance under 
chapter 35 of title 38, United States Code, is also 
payable for the dependents of such veterans at the 
rate of $0.50 per dollar authorized, regardless of the 
veterans’ residency. 
(b) COMPENSATION FUND.— 
(1) IN GENERAL.—There is in the general fund 
of the Treasury a fund to be known as the ‘‘Filipino 
Veterans Equity Compensation Fund’’ (in this sec-
tion referred to as the ‘‘compensation fund’’). 
(2) AVAILABILITY OF FUNDS.—Subject to the 
availability of appropriations for such purpose, 
amounts in the fund shall be available to the Sec-
retary of Veterans Affairs without fiscal year limita-
tion to make payments to eligible persons in accord-
ance with this section. 
(c) PAYMENTS.— 
(1) IN GENERAL.—The Secretary may make a 
payment from the compensation fund to an eligible 
person who, during the one-year period beginning on 
the date of the enactment of this Act, submits to the 
Secretary a claim for benefits under this section. 
The application for the claim shall contain such in-
formation and evidence as the Secretary may re-
quire. 
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219 
AMDT. NO. 98 
(2) PAYMENT TO SURVIVING SPOUSE.—If an el-
igible person who has filed a claim for benefits under 
this section dies before payment is made under this 
section, the payment under this section shall be 
made instead to the surviving spouse, if any, of the 
eligible person. 
(d) ELIGIBLE PERSONS.—An eligible person is any 
person who— 
(1) served— 
(A) before July 1, 1946, in the organized 
military forces of the Government of the Com-
monwealth of the Philippines, while such forces 
were in the service of the Armed Forces of the 
United States pursuant to the military order of 
the President dated July 26, 1941, including 
among such military forces organized guerrilla 
forces under commanders appointed, des-
ignated, or subsequently recognized by the 
Commander in Chief, Southwest Pacific Area, 
or other competent authority in the Army of the 
United States; or 
(B) in the Philippine Scouts under section 
14 of the Armed Forces Voluntary Recruitment 
Act of 1945 (59 Stat. 538); and 
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220 
AMDT. NO. 98 
(2) was discharged or released from service de-
scribed in paragraph (1) under conditions other than 
dishonorable. 
(e) PAYMENT AMOUNTS.—Each payment under this 
section shall be— 
(1) in the case of an eligible person who is not 
a citizen of the United States, in the amount of 
$9,000; and 
(2) in the case of an eligible person who is a 
citizen of the United States, in the amount of 
$15,000. 
(f) LIMITATION.—The Secretary may not make more 
than one payment under this section for each eligible per-
son described in subsection (d). 
(g) CLARIFICATION OF TREATMENT OF PAYMENTS 
UNDER CERTAIN LAWS.—Amounts paid to a person 
under this section— 
(1) shall be treated for purposes of the internal 
revenue laws of the United States as damages for 
human suffering; and 
(2) shall not be included in income or resources 
for purposes of determining— 
(A) eligibility of an individual to receive 
benefits described in section 3803(c)(2)(C) of 
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221 
AMDT. NO. 98 
title 31, United States Code, or the amount of 
such benefits; 
(B) eligibility of an individual to receive 
benefits under title VIII of the Social Security 
Act, or the amount of such benefits; or 
(C) eligibility of an individual for, or the 
amount of benefits under, any other Federal or 
federally assisted program. 
(h) RELEASE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the acceptance by an eligible person or 
surviving spouse, as applicable, of a payment under 
this section shall be final, and shall constitute a 
complete release of any claim against the United 
States by reason of any service described in sub-
section (d). 
(2) PAYMENT OF PRIOR ELIGIBILITY STATUS.— 
Nothing in this section shall prohibit a person from 
receiving any benefit (including health care, survivor, 
or burial benefits) which the person would have been 
eligible to receive based on laws in effect as of the 
day before the date of the enactment of this Act. 
(i) RECOGNITION OF SERVICE.—The service of a per-
son as described in subsection (d) is hereby recognized as 
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222 
AMDT. NO. 98 
active military service in the Armed Forces for purposes 
of, and to the extent provided in, this section. 
(j) ADMINISTRATION.— 
(1) The Secretary shall promptly issue applica-
tion forms and instructions to ensure the prompt 
and efficient administration of the provisions of this 
section. 
(2) The Secretary shall administer the provi-
sions of this section in a manner consistent with ap-
plicable provisions of title 38, United States Code, 
and other provisions of law, and shall apply the defi-
nitions in section 101 of such title in the administra-
tion of such provisions, except to the extent other-
wise provided in this section. 
(k) REPORTS.—The Secretary shall include, in docu-
ments submitted to Congress by the Secretary in support 
of the President’s budget for each fiscal year, detailed in-
formation on the operation of the compensation fund, in-
cluding the number of applicants, the number of eligible 
persons receiving benefits, the amounts paid out of the 
compensation fund, and the administration of the com-
pensation fund for the most recent fiscal year for which 
such data is available. 
(l) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated to the compensation fund 
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AMDT. NO. 98 
$198,000,000, to remain available until expended, to make 
payments under this section. 
RELATED AGENCY 
DEPARTMENT OF DEFENSE—CIVIL 
CEMETERIAL EXPENSES, ARMY 
SALARY AND EXPENSES 
For an additional amount for ‘‘Cemeterial Expenses, 
Army’’, $60,300,000, to remain available until September 
30, 2010, for land development, columbarium construc-
tion, and relocation of utilities at Arlington National Cem-
etery. 
TITLE XI—STATE, FOREIGN OPERATIONS, AND 
RELATED PROGRAMS 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
For an additional amount for ‘‘Diplomatic and Con-
sular Programs’’ for urgent domestic facilities require-
ments, $180,500,000, to remain available until September 
30, 2010, of which up to $45,000,000 shall be available 
for passport and visa facilities and systems, and up to 
$75,000,000 shall be available for a consolidated security 
training facility in the United States: Provided, That the 
Secretary of State shall submit to the Committees on Ap-
propriations within 90 days of enactment of this Act a 
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AMDT. NO. 98 
detailed spending plan for funds appropriated under this 
heading: Provided further, That with respect to the funds 
made available for passport facilities and systems, such 
plan shall be developed in consultation with the Depart-
ment of Homeland Security and the General Services Ad-
ministration and shall coordinate and co-locate, to the ex-
tent feasible, the construction of passport agencies with 
other Federal facilities. 
CAPITAL INVESTMENT FUND 
For an additional amount for ‘‘Capital Investment 
Fund’’, $524,000,000, to remain available until Sep-
tember 30, 2010, of which up to $120,000,000 shall be 
available for the design and construction of a backup in-
formation management facility in the United States to 
support continuity of critical mission operations and pro-
grams, and up to $98,527,000 shall be available to carry 
out the Department of State’s responsibilities under the 
Comprehensive National Cybersecurity Initiative: Pro-
vided, That the Secretary of State and the Administrator 
of the United States Agency for International Develop-
ment shall coordinate information technology systems, 
where appropriate, to increase efficiencies and eliminate 
redundancies, to include co-location of backup information 
management facilities: Provided further, That the Sec-
retary of State shall submit to the Committees on Appro-
priations within 90 days of enactment of this Act a de-
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AMDT. NO. 98 
tailed spending plan for funds appropriated under this 
heading. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’ for oversight requirements, $2,000,000, to re-
main available until September 30, 2010. 
INTERNATIONAL COMMISSIONS 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, 
UNITED STATES AND MEXICO 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Construction’’ for the 
water quantity program to meet immediate repair and re-
habilitation requirements, $224,000,000, to remain avail-
able until September 30, 2010: Provided, That up to 
$2,000,000 may be transferred to, and merged with, funds 
available under the heading ‘‘International Boundary and 
Water Commission, United States and Mexico—Salaries 
and Expenses’’: Provided, That the Secretary of State 
shall submit to the Committees on Appropriations within 
90 days of enactment of this Act a detailed spending plan 
for funds appropriated under this heading. 
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AMDT. NO. 98 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
FUNDS APPROPRIATED TO THE PRESIDENT 
CAPITAL INVESTMENT FUND 
For an additional amount for ‘‘Capital Investment 
Fund’’, $100,000,000, to remain available until Sep-
tember 30, 2010, of which $34,000,000 shall be available 
for information technology modernization programs and of 
which up to $35,000,000 shall be available for implemen-
tation of the Global Acquisition System: Provided, That 
the Administrator of the United States Agency for Inter-
national Development shall submit to the Committees on 
Appropriations within 90 days of enactment of this Act 
a detailed spending plan for funds appropriated under this 
heading. 
OPERATING EXPENSES OF THE UNITED STATES AGENCY 
FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN-
SPECTOR GENERAL 
For an additional amount for ‘‘Operating Expenses 
of the United States Agency for International Develop-
ment Office of Inspector General’’ for oversight require-
ments, $500,000, to remain available until September 30, 
2010. 
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AMDT. NO. 98 
TITLE XII—TRANSPORTATION AND HOUSING 
AND URBAN DEVELOPMENT, AND RELATED 
AGENCIES 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SUPPLEMENTAL DISCRETIONARY GRANTS FOR A 
NATIONAL SURFACE TRANSPORTATION SYSTEM 
For an additional amount for capital investments in 
surface transportation infrastructure, $5,500,000,000, to 
remain available until September 30, 2011: Provided, 
That the Secretary of Transportation shall distribute 
funds provided under this heading as discretionary grants 
to be awarded to State and local governments on a com-
petitive basis for projects that will have a significant im-
pact on the Nation, a metropolitan area, or a region: Pro-
vided further, That projects eligible for funding provided 
under this heading shall include, but not be limited to, 
highway or bridge projects eligible under title 23, United 
States Code, including interstate rehabilitation, improve-
ments to the rural collector road system, the reconstruc-
tion of overpasses and interchanges, bridge replacements, 
seismic retrofit projects for bridges, and road realign-
ments; public transportation projects eligible under chap-
ter 53 of title 49, United States Code, including invest-
ments in projects participating in the New Starts or Small 
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AMDT. NO. 98 
Starts programs that will expedite the completion of those 
projects and their entry into revenue service; passenger 
and freight rail transportation projects; and port infra-
structure investments, including projects that connect 
ports to other modes of transportation and improve the 
efficiency of freight movement: Provided further, That of 
the amount made available under this paragraph, the Sec-
retary may use an amount not to exceed $200,000,000 
for the purpose of paying the subsidy costs of projects eli-
gible for federal credit assistance under chapter 6 of title 
23, United States Code, if the Secretary finds that such 
use of the funds would advance the purposes of this para-
graph: Provided further, That in distributing funds pro-
vided under this heading, the Secretary shall take such 
measures so as to ensure an equitable geographic distribu-
tion of funds and an appropriate balance in addressing 
the needs of urban and rural communities: Provided fur-
ther, That a grant funded under this heading shall be not 
less 
than 
$20,000,000 
and 
not 
greater 
than 
$500,000,000: Provided further, That the Federal share 
of the costs for which an expenditure is made under this 
heading may be up to 100 percent: Provided further, That 
the Secretary shall give priority to projects that require 
an additional share of Federal funds in order to complete 
an overall financing package, and to projects that are ex-
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AMDT. NO. 98 
pected to be completed within 3 years of enactment of this 
Act: Provided further, That the Secretary shall publish cri-
teria on which to base the competition for any grants 
awarded under this heading not later than 75 days after 
enactment of this Act: Provided further, That the Sec-
retary shall require applications for funding provided 
under this heading to be submitted not later than 180 
days after enactment of this Act, and announce all 
projects selected to be funded from such funds not later 
than 1 year after enactment of this Act: Provided further, 
That the Secretary shall require all additional applications 
to be submitted not later than 1 year after enactment of 
this Act, and announce not later than 180 days following 
such 1-year period all additional projects selected to be 
funded with funds withdrawn from States and grantees 
and transferred from ‘‘Supplemental Grants for Highway 
Investments’’ and ‘‘Supplemental Grants for Public Tran-
sit Investment’’: Provided further, That projects conducted 
using funds provided under this heading must comply with 
the requirements of subchapter IV of chapter 31 of title 
40, United States Code: Provided further, That the Sec-
retary may retain up to $5,000,000 of the funds provided 
under this heading, and may transfer portions of those 
funds to the Administrators of the Federal Highway Ad-
ministration, the Federal Transit Administration, the 
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AMDT. NO. 98 
Federal Railroad Administration and the Maritime Ad-
ministration, to fund the award and oversight of grants 
made under this heading. 
FEDERAL AVIATION ADMINISTRATION 
SUPPLEMENTAL FUNDING FOR FACILITIES AND 
EQUIPMENT 
For an additional amount for necessary investments 
in 
Federal 
Aviation 
Administration 
infrastructure, 
$200,000,000: Provided, That funding provided under this 
heading shall be used to make improvements to power sys-
tems, air route traffic control centers, air traffic control 
towers, terminal radar approach control facilities, and 
navigation and landing equipment: Provided further, That 
priority be given to such projects or activities that will be 
completed within 2 years of enactment of this Act: Pro-
vided further, That amounts made available under this 
heading may be provided through grants in addition to 
the other instruments authorized under section 106(l)(6) 
of title 49, United States Code: Provided further, That the 
Federal share of the costs for which an expenditure is 
made under this heading shall be 100 percent: Provided 
further, That amounts provided under this heading may 
be used for expenses the agency incurs in administering 
this program: Provided further, That not more than 60 
days after enactment of this Act, the Administrator shall 
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AMDT. NO. 98 
establish a process for applying, reviewing and awarding 
grants and cooperative and other transaction agreements, 
including the form and content of an application, and re-
quirements for the maintenance of records that are nec-
essary to facilitate an effective audit of the use of the 
funding provided: Provided further, That section 50101 of 
title 49, United States Code, shall apply to funds provided 
under this heading. 
SUPPLEMENTAL DISCRETIONARY GRANTS FOR AIRPORT 
INVESTMENT 
For an additional amount for capital expenditures 
authorized under sections 47102(3) and 47504(c) of title 
49, United States Code, and for the procurement, installa-
tion and commissioning of runway incursion prevention 
devices 
and 
systems 
at 
airports 
of 
such 
title, 
$1,100,000,000: Provided, That the Secretary of Trans-
portation shall distribute funds provided under this head-
ing as discretionary grants to airports, with priority given 
to those projects that demonstrate to his or her satisfac-
tion their ability to be completed within 2 years of enact-
ment of this Act, and serve to supplement and not sup-
plant planned expenditures from airport-generated reve-
nues or from other State and local sources on such activi-
ties: Provided further, That the Federal share payable of 
the costs for which a grant is made under this heading 
shall be 100 percent: Provided further, That the amount 
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AMDT. NO. 98 
made available under this heading shall not be subject to 
any limitation on obligations for the Grants-in-Aid for Air-
ports program set forth in any Act: Provided further, That 
section 50101 of title 49, United States Code, shall apply 
to funds provided under this heading: Provided further, 
That projects conducted using funds provided under this 
heading must comply with the requirements of subchapter 
IV of chapter 31 of title 40, United States Code: Provided 
further, That the Administrator of the Federal Aviation 
Administration may retain and transfer to ‘‘Federal Avia-
tion Administration, Operations’’ up to one-quarter of 1 
percent of the funds provided under this heading to fund 
the award and oversight by the Administrator of grants 
made under this heading. 
FEDERAL HIGHWAY ADMINISTRATION 
SUPPLEMENTAL GRANTS FOR HIGHWAY INVESTMENT 
For an additional amount for restoration, repair, con-
struction and other activities eligible under paragraph (b) 
of section 133 of title 23, United States Code, 
$27,060,000,000: Provided, That funds provided under 
this heading shall be apportioned to States using the for-
mula set forth in section 104(b)(3) of such title: Provided 
further, That 180 days following the date of such appor-
tionment, the Secretary of Transportation shall withdraw 
from each State an amount equal to 50 percent of the 
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AMDT. NO. 98 
funds awarded to that grantee less the amount of funding 
obligated, and the Secretary shall redistribute such 
amounts to other States that have had no funds with-
drawn under this proviso in the manner described in sec-
tion 120(c) of division K of Public Law 110–161: Provided 
further, That 1 year following the date of such apportion-
ment, the Secretary shall withdraw from each recipient of 
funds apportioned under this heading any unobligated 
funds and transfer such funds to ‘‘Supplemental Discre-
tionary Grants for a National Surface Transportation Sys-
tem’’: 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 or she 
feels satisfied that the State has encountered extreme con-
ditions that create an unworkable bidding environment or 
other extenuating circumstances: Provided further, That 
before granting a such an extension, the Secretary shall 
send a letter to the House and Senate Committees on Ap-
propriations that provides a thorough justification for the 
extension: Provided further, That the provisions of sub-
sections 133(d)(3) and 133(d)(4) of title 23, United 
States Code, shall apply to funds apportioned under this 
heading, except that the percentage of funds to be allo-
cated to local jurisdictions shall be 40 percent and such 
allocation, notwithstanding any other provision of law, 
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AMDT. NO. 98 
shall be conducted in all states within the United States: 
Provided further, That funds allocated to such urbanized 
areas and other areas shall not be subject to the redis-
tribution of amounts required 180 days following the date 
of apportionment of funds provided under this heading: 
Provided further, That funds apportioned under this head-
ing may be used for, but not be limited to, projects that 
address stormwater runoff, investments in passenger and 
freight rail transportation, and investments in port infra-
structure: Provided further, that each State shall use not 
less than 5 percent of funds apportioned to it for activities 
eligible under subsections 149(b) and (c) of title 23, 
United States Code: Provided further, That of the funds 
provided under this heading, $60,000,000 shall be for cap-
ital expenditures eligible under section 147 of title 23, 
United States Code: 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 or her sat-
isfaction their ability to be completed within 2 years of 
enactment of this Act: Provided further, That of the funds 
provided under this heading, $500,000,000 shall be for in-
vestments in transportation at Indian reservations and 
Federal lands, and administered in accordance with chap-
ter 2 of title 23, United States Code: Provided further, 
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AMDT. NO. 98 
That of the funds identified in the preceding proviso, 
$320,000,000 shall be for the Indian Reservation Roads 
program, $100,000,000 shall be for the Park Roads and 
Parkways program, $70,000,000 shall be for the Forest 
Highway Program, and $10,000,000 shall be for the Ref-
uge Roads program: Provided further, That for invest-
ments 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 enact-
ment of this Act: Provided further, That 1 year following 
the enactment of this Act, to ensure the prompt use of 
the $500,000,000 provided for investments at Indian res-
ervations and Federal lands, the Secretary shall have the 
authority to redistribute unobligated funds within the re-
spective program for which the funds were appropriated: 
Provided further, That up to 4 percent of the funding pro-
vided for Indian Reservation Roads may be used by the 
Secretary of the Interior for program management and 
oversight and project-related administrative expenses: Pro-
vided 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 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, and may be up to 100 
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AMDT. NO. 98 
percent of the total cost thereof: Provided further, That 
funding provided under this heading shall be in addition 
to any and all funds provided for fiscal years 2008 and 
2009 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 fur-
ther, 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 pro-
grams set forth in any Act: Provided further, That projects 
conducted using funds provided under this heading must 
comply with the requirements of subchapter IV of chapter 
31 of title 40, United States Code: Provided further, That 
section 313 of title 23, United States Code, shall apply 
to funds provided under this heading: Provided further, 
That section 1101(b) of Public Law 109–59 shall apply 
to funds apportioned under this heading: Provided further, 
That for the purposes of the definition of States for this 
paragraph, sections 101(a)(32) of title 23, United States 
Code, shall apply: Provided further, That the Adminis-
trator of the Federal Highway Administration may retain 
up to $12,000,000 of the funds provided under this head-
ing to carry out the function of the ‘‘Federal Highway Ad-
ministration, Limitation on Administrative Expenses’’ and 
to fund the oversight by the Administrator of projects and 
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AMDT. NO. 98 
activities carried out with funds made available to the 
Federal Highway Administration in this Act. 
FEDERAL RAILROAD ADMINISTRATION 
SUPPLEMENTAL GRANTS TO STATES FOR INTERCITY 
PASSENGER RAIL SERVICE 
For an additional amount for discretionary grants to 
States to pay for the cost of projects described in para-
graphs (2)(A) and (2)(B) of section 24401 of title 49, 
United States Code, and subsection (b) of section 24105 
of such title, $250,000,000: Provided, That to be eligible 
for assistance under this paragraph, the specific project 
must be on a Statewide Transportation Improvement Plan 
at the time of the application to qualify: Provided further, 
That the Secretary of Transportation shall give priority 
to projects that demonstrate an ability to be completed 
within 2 years of enactment of this Act, and to projects 
that improve the safety and reliability of intercity pas-
senger trains: Provided further, That the Federal share 
payable of the costs for which a grant is made under this 
heading shall be 100 percent: Provided further, That 
projects conducted using funds provided under this head-
ing must comply with the requirements of subchapter IV 
of chapter 31 of title 40, United States Code: Provided 
further, That section 24405(a) of title 49, United States 
Code, shall apply to funds provided under this heading: 
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AMDT. NO. 98 
Provided further, That the Administrator of the Federal 
Railroad Administration may retain and transfer to ‘‘Fed-
eral Railroad Administration, Safety and Operations’’ up 
to one-quarter of 1 percent of the funds provided under 
this heading to fund the award and oversight by the Ad-
ministrator of grants made under this heading. 
SUPPLEMENTAL CAPITAL GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
For an additional amount for the immediate invest-
ment in capital projects necessary to maintain and im-
prove national intercity passenger rail service, including 
the rehabilitation of rolling stock, $850,000,000: Provided, 
That funds made available under this heading shall be al-
located directly to the National Railroad Passenger Cor-
poration: Provided further, That the Board of Directors 
of the corporation shall take measures to ensure that pri-
ority is given to capital projects that expand passenger 
rail capacity: Provided further, That the Board of Direc-
tors shall take measures to ensure that projects funded 
under this heading shall be completed within 2 years of 
enactment of this Act, and shall serve to supplement and 
not supplant planned expenditures for such activities from 
other Federal, State, local and corporate sources: Provided 
further, That said Board of Directors shall certify to the 
House and Senate Committees on Appropriations in writ-
ing their compliance with the preceding proviso: Provided 
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AMDT. NO. 98 
further, That section 24305(f) of title 49, United States 
Code, shall apply to funds provided under this heading: 
Provided further, That not more than 50 percent of the 
funds provided under this heading may be used for capital 
projects along the Northeast Corridor. 
HIGH-SPEED RAIL CORRIDOR PROGRAM 
To make grants for high-speed rail projects under the 
provisions of section 26106 of title 49, United States 
Code, $2,000,000,000, to remain available until Sep-
tember 30, 2011: Provided, That the Federal share pay-
able of the costs for which a grant is made under this 
heading shall be 100 percent: Provided further, That the 
Administrator of the Federal Railroad Administration 
may retain and transfer to ‘‘Federal Railroad Administra-
tion, Safety and Operations’’ up to one-quarter of 1 per-
cent of the funds provided under this heading to fund the 
award and oversight by the Administrator of grants made 
under this paragraph. 
FEDERAL TRANSIT ADMINISTRATION 
SUPPLEMENTAL GRANTS FOR PUBLIC TRANSIT 
INVESTMENT 
For an additional amount for capital expenditures 
authorized under section 5302(a)(1) of title 49, United 
States Code, $8,400,000,000: Provided, That the Sec-
retary of Transportation shall apportion 71 percent of the 
funds apportioned under this heading using the formula 
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AMDT. NO. 98 
set forth in subsections (a) through (c) of section 5336 
of title 49, United States Code, 19 percent of the funds 
apportioned under this heading using the formula set 
forth in section 5340 of such title, and 10 percent of the 
funding apportioned under this heading using the formula 
set forth in subsection 5311(c) of such title: Provided fur-
ther, That 180 days following the date of such apportion-
ment, the Secretary shall withdraw from each grantee an 
amount equal to 50 percent of the funds awarded to that 
grantee less the amount of funding obligated, and the Sec-
retary shall redistribute such amounts to other grantees 
that have had no funds withdrawn under this proviso uti-
lizing whatever method he or she deems appropriate to en-
sure that all funds provided under this paragraph shall 
be utilized promptly: Provided further, That 1 year fol-
lowing the date of such apportionment, the Secretary shall 
withdraw from each grantee any unobligated funds and 
transfer such funds to ‘‘Supplemental Discretionary 
Grants for a National Surface Transportation System’’: 
Provided further, That at the request of a grantee, the 
Secretary of Transportation may provide an extension of 
such 1-year periods if he or she feels satisfied that the 
grantee has encountered an unworkable bidding environ-
ment or other extenuating circumstances: Provided fur-
ther, That before granting such an extension, the Sec-
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AMDT. NO. 98 
retary shall send a letter to the House and Senate Com-
mittees on Appropriations that provides a thorough jus-
tification for the extension: Provided further, That of the 
funds apportioned using the formula set forth in sub-
section 5311(c) of title 49, United States Code, 2 percent 
shall be made available for section 5311(c)(1): Provided 
further, That of the funding provided under this heading, 
$200,000,000 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: Pro-
vided further, That for such grants on energy-related in-
vestments, 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: Pro-
vided further, That the Federal share of the costs for 
which any grant is made under this heading shall be at 
the option of the recipient, and may be up to 100 percent: 
Provided further, That the amount made available under 
this heading shall not be subject to any limitation on obli-
gations for transit 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 funds appropriated under this heading 
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AMDT. NO. 98 
shall be subject to subsection 5323(j) and section 5333 
of title 49, United States Code as well as sections 5304 
and 5305 of said title, as appropriate, but shall not be 
comingled with funds available under the Formula and 
Bus Grants account: Provided further, That the Adminis-
trator of the Federal Transit Administration may retain 
up to $3,000,000 of the funds provided under this heading 
to carry out the function of ‘‘Federal Transit Administra-
tion, Administrative Expenses’’ and to fund the oversight 
of grants made under this heading by the Administrator. 
MARITIME ADMINISTRATION 
SUPPLEMENTAL GRANTS FOR ASSISTANCE TO SMALL 
SHIPYARDS 
To make grants to qualified shipyards as authorized 
under section 3506 of Public Law 109–163 or section 
54101 of title 46, United States Code, $100,000,000: Pro-
vided, That the Secretary of Transportation shall institute 
measures to ensure that funds provided under this head-
ing shall be obligated within 180 days of the date of their 
distribution: Provided further, That the Maritime Adminis-
trator may retain and transfer to ‘‘Maritime Administra-
tion, Operations and Training’’ up to 2 percent of the 
funds provided under this heading to fund the award and 
oversight by the Administrator of grants made under this 
heading. 
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AMDT. NO. 98 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For an additional amount for necessary expenses of 
the Office of Inspector General to carry out the provisions 
of the Inspector General Act of 1978, as amended, 
$7,750,000, to remain available until September 30, 2011: 
Provided, That the funding made available under this 
heading shall be used for conducting audits and investiga-
tions of projects and activities carried out with funds made 
available in this Act to the Department of Transportation 
and to the National Railroad Passenger Corporation: Pro-
vided further, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified 
in the Inspector General Act, as amended (5 U.S.C. App. 
3), to investigate allegations of fraud, including false 
statements to the Government (18 U.S.C. 1001), by any 
person or entity that is subject to regulation by the De-
partment. 
GENERAL PROVISION—DEPARTMENT OF 
TRANSPORTATION 
SEC. 1201. Section 5309(g)(4)(A) of title 49, United 
States Code, is amended by striking ‘‘or an amount equiv-
alent to the last 3 fiscal years of funding allocated under 
subsections (m)(1)(A) and (m)(2)(A)(ii)’’ and inserting 
‘‘or the sum of the funds available for the next 3 fiscal 
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AMDT. NO. 98 
years beyond the current fiscal year, assuming an annual 
growth of the program of 10 percent’’. 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
NATIVE AMERICAN HOUSING BLOCK GRANTS 
For an additional amount for ‘‘Native American 
Housing Block Grants’’, as authorized under title I of the 
Native American Housing Assistance and Self-Determina-
tion Act of 1996 (‘‘NAHASDA’’) (25 U.S.C. 4111 et 
seq.), $510,000,000, to remain available until September 
30, 2011: Provided, That $255,000,000 of the amount 
provided under this heading shall be distributed according 
to the same funding formula used in fiscal year 2008: Pro-
vided further, That in selecting projects to be funded, re-
cipients shall give priority to projects that can award con-
tracts based on bids within 180 days from the date that 
funds are available to recipients: Provided further, That 
the Secretary shall obligate $255,000,000 of the amount 
provided under this heading for competitive grants to eligi-
ble entities that apply for funds authorized under 
NAHASDA: Provided further, That in awarding competi-
tive funds, the Secretary shall give priority to projects that 
will spur construction and rehabilitation and will create 
employment opportunities for low-income and unemployed 
persons: Provided further, That recipients of funds under 
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AMDT. NO. 98 
this heading shall obligate 100 percent of such funds with-
in 1 year of the date of enactment of this Act, expend 
at least 50 percent of such funds within 2 years of the 
date on which funds become available to such jurisdictions 
for obligation, and expend 100 percent of such funds with-
in 3 years of such date: Provided further, That if a recipi-
ent fails to comply with either the 1-year obligation re-
quirement or the 2-year expenditure requirement, the Sec-
retary shall recapture all remaining funds awarded to the 
recipient and reallocate such funds to recipients that are 
in compliance with those requirements: Provided further, 
That if a recipient fails to comply with the 3-year expendi-
ture requirement, the Secretary shall recapture the bal-
ance of the funds awarded to the recipient: Provided fur-
ther, That, notwithstanding any other provision of this 
paragraph, the Secretary may institute measures to en-
sure participation in the formula and competitive alloca-
tion of funds provided under this paragraph by any hous-
ing entity eligible to receive funding under title VIII of 
NAHASDA (25 U.S.C. 4221 et seq.): Provided further, 
That in administering funds provided in this heading, the 
Secretary may waive any provision of any statute or regu-
lation that the Secretary administers in connection with 
the obligation by the Secretary or the use by the recipient 
of these funds except for requirements imposed by this 
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AMDT. NO. 98 
heading and requirements related to fair housing, non-
discrimination, labor standards, and the environment, 
upon a finding that such waiver is required to facilitate 
the timely use of such funds and would not be inconsistent 
with the overall purpose of the statute or regulation: Pro-
vided further, That, of the funds made available under this 
heading, up to 1 percent shall be available for staffing, 
training, technical assistance, technology, monitoring, re-
search and evaluation activities: Provided further, That 
any funds made available under this heading used by the 
Secretary for personnel expenses shall be transferred to 
and merged with funding provided to ‘‘Personnel Com-
pensation and Benefits, Office of Public and Indian Hous-
ing’’: Provided further, That any funds made available 
under this heading used by the Secretary for training or 
other administrative expenses shall be transferred to and 
merged with funding provided to ‘‘Administration, Oper-
ations, and Management’’, for non-personnel expenses of 
the Department of Housing and Urban Development: Pro-
vided further, That any funds made available under this 
heading used by the Secretary for technology shall be 
transferred to and merged with the funding provided to 
‘‘Working Capital Fund’’. 
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AMDT. NO. 98 
PUBLIC HOUSING CAPITAL FUND 
For an additional amount for the ‘‘Public Housing 
Capital Fund’’ to carry out capital and management ac-
tivities for public housing agencies, as authorized under 
section 9 of the United States Housing Act of 1937 (42 
U.S.C. 1437g) (the ‘‘Act’’), $5,000,000,000, to remain 
available until September 30, 2011: Provided, That the 
Secretary of Housing and Urban Development shall allo-
cate $3,000,000,000 of this amount by the formula au-
thorized under section 9(d)(2) of the Act, except that the 
Secretary may determine not to allocate funding to public 
housing agencies currently designated as troubled or to 
public housing agencies that elect not to accept such fund-
ing: Provided further, That the Secretary shall make avail-
able $2,000,000,000 by competition for priority invest-
ments, including investments that leverage private sector 
funding or financing for renovations and energy conserva-
tion retrofit investments: Provided further, That public 
housing agencies shall prioritize capital projects that are 
already underway or included in the 5-year capital fund 
plans required by the Act (42 U.S.C. 1437c–1(a)): Pro-
vided further, That in allocating competitive grants under 
this heading, the Secretary shall give priority consider-
ation to the rehabilitation of vacant rental units: Provided 
further, That notwithstanding any other provision of law, 
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AMDT. NO. 98 
(1) funding provided herein may not be used for operating 
or rental assistance activities, and (2) any restriction of 
funding to replacement housing uses shall be inapplicable: 
Provided further, That notwithstanding any other provi-
sion of law, the Secretary shall institute measures to en-
sure that funds provided under this heading shall serve 
to supplement and not supplant expenditures from other 
Federal, State, or local sources or funds independently 
generated by the grantee: Provided further, That notwith-
standing section 9(j), public housing agencies shall obli-
gate 100 percent of the funds within 1 year of the date 
of enactment of this Act, shall expend at least 60 percent 
of funds within 2 years of the date on which funds become 
available to the agency for obligation, and shall expend 
100 percent of the funds within 3 years of such date: Pro-
vided further, That if a public housing agency fails to com-
ply with either the 1-year obligation requirement or the 
2-year expenditure requirement, the Secretary shall recap-
ture all remaining funds awarded to the public housing 
agency and reallocate such funds to agencies that are in 
compliance with those requirements: Provided further, 
That if a public housing agency fails to comply with the 
3-year expenditure requirement, the Secretary shall recap-
ture the balance of the funds awarded to the public hous-
ing agency: Provided further, That in administering funds 
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AMDT. NO. 98 
provided in this heading, the Secretary may waive any pro-
vision of any statute or regulation that the Secretary ad-
ministers in connection with the obligation by the Sec-
retary or the use by the recipient of these funds except 
for requirements imposed by this heading and require-
ments related to conditions on use of funds for develop-
ment and modernization, fair housing, non-discrimination, 
labor standards, and the environment, upon a finding that 
such waiver is required to facilitate the timely use of such 
funds and would not be inconsistent with the overall pur-
pose of the statute or regulation: Provided further, That 
of the funds made available under this heading, up to 1 
percent shall be available for staffing, training, technical 
assistance, technology, monitoring, research and evalua-
tion activities: Provided further, That any funds made 
available under this heading used by the Secretary for per-
sonnel expenses shall be transferred to and merged with 
funding provided to ‘‘Personnel Compensation and Bene-
fits, Office of Public and Indian Housing’’: Provided fur-
ther, That any funds made available under this heading 
used by the Secretary for training or other administrative 
expenses shall be transferred to and merged with funding 
provided to ‘‘Administration, Operations, and Manage-
ment’’, for non-personnel expenses of the Department of 
Housing and Urban Development: Provided further, That 
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AMDT. NO. 98 
any funds made available under this heading used by the 
Secretary for technology shall be transferred to and 
merged with the funding provided to ‘‘Working Capital 
Fund’’. 
NEIGHBORHOOD STABILIZATION PROGRAM 
For the provision of emergency assistance for the re-
development of abandoned and foreclosed homes, as au-
thorized by title III of division B of the Housing and Eco-
nomic Recovery Act of 2008 (the ‘‘Act’’) (42 U.S.C. 5301 
note), $2,250,000,000, to remain available until Sep-
tember 30, 2011: Provided, That funding shall be allo-
cated by a competition for which eligible entities shall be 
States, units of general local government, and nonprofit 
entities or consortia of nonprofit entities, which may sub-
mit proposals in partnership with for-profit entities: Pro-
vided further, That in selecting grantees the Secretary 
shall ensure that the grantee can expend funding within 
the period allowed under this heading: Provided further, 
That additional award criteria for such competition shall 
include demonstrated grantee capacity to execute projects, 
leveraging potential, targeted impact of foreclosure pre-
vention, neighborhood stabilization, and any additional 
factors determined by the Secretary of Housing and 
Urban Development: Provided further, That the Secretary 
may establish a minimum grant size: Provided further, 
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AMDT. NO. 98 
That the Secretary shall publish criteria on which to base 
the competition for any grants awarded under this heading 
not later than 75 days after the enactment of this Act 
and applications shall be due not later than 180 days after 
the enactment of this Act: Provided further, That the Sec-
retary shall award all funding within 1 year of enactment 
of this Act: Provided further, That grantees shall expend 
at least 75 percent of allocated funds within 2 years of 
the date funds become available to the grantees for obliga-
tion and 100 percent of such funds within 3 years of such 
date: Provided further, That funding used for section 
2301(c)(3)(E) of the Act shall be available only for the 
redevelopment of demolished or vacant properties as hous-
ing: Provided further, That in addition to the eligible uses 
in section 2301, the Secretary may also use up to 10 per-
cent of the funds provided under this heading for grantees 
for the provision of capacity building of and support for 
local communities receiving funding under section 2301 of 
the Act or under this heading: Provided further, That the 
construction or rehabilitation of early childhood and devel-
opment centers serving households that qualify as low in-
come shall also be an eligible use of funding: Provided fur-
ther, That in addition to the allowable uses of revenues 
provided in section 2301 of the Act, any revenues gen-
erated in the first 5 years using the funds provided under 
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AMDT. NO. 98 
this heading may be used by the State or applicable unit 
of general local government for maintenance associated 
with property acquisition and holding and with land bank-
ing activities: Provided further, That of the funds provided 
under this heading, up to 1.5 percent shall be available 
for staffing, training, technical assistance, technology, 
monitoring, research and evaluation activities: Provided 
further, That any funds made available under this heading 
used by the Secretary for personnel expense shall be trans-
ferred to and merged with funding provided to ‘‘Commu-
nity Planning and Development Personnel Compensation 
and Benefits’’: Provided further, That any funds made 
available under this heading used by the Secretary for 
training or other administrative expenses shall be trans-
ferred to and merged with funding provided to ‘‘Adminis-
tration, Operations, and Management’’ for non-personnel 
expenses of the Department of Housing and Urban Devel-
opment: Provided further, That any funding made avail-
able under this heading used by the Secretary for tech-
nology shall be transferred to and merged with the fund-
ing provided to ‘‘Working Capital Fund.’’ 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
For an additional amount for the ‘‘HOME Invest-
ment Partnerships Program’’ as authorized under title II 
of the Cranston-Gonzalez National Affordable Housing 
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AMDT. NO. 98 
Act (the ‘‘Act’’), $2,250,000,000, to remain available until 
September 30, 2011: Provided, That except as specifically 
provided herein, funds provided under this heading shall 
be distributed pursuant to the formula authorized by sec-
tion 217 of the Act: Provided further, That the Secretary 
may establish a minimum grant size: Provided further, 
That participating jurisdictions shall obligate 100 percent 
of the funds within 1 year of the date of enactment of 
this Act, shall expend at least 60 percent of funds within 
2 years of the date on which funds become available to 
the participating jurisdiction for obligation and shall ex-
pend 100 percent of the funds within 3 years of such date: 
Provided further, That if a participating jurisdiction fails 
to comply with either the 1-year obligation requirement 
or the 2-year expenditure requirement, the Secretary shall 
recapture all remaining funds awarded to the participating 
jurisdiction and reallocate such funds to participating ju-
risdictions that are in compliance with those requirements: 
Provided further, That if a participating jurisdiction fails 
to comply with the 3-year expenditure requirement, the 
Secretary shall recapture the balance of the funds awarded 
to the participating jurisdiction: Provided further, That in 
administering funds under this heading, the Secretary 
may waive any provision of any statute or regulation that 
the Secretary administers in connection with the obliga-
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AMDT. NO. 98 
tion by the Secretary or the use by the recipient of these 
funds except for requirements imposed by this heading 
and requirements related to fair housing, non-discrimina-
tion, labor standards and the environment, upon a finding 
that such waiver is required to facilitate the timely use 
of such funds and would not be inconsistent with the over-
all purpose of the statute or regulation: Provided further, 
That the Secretary may use funds provided under this 
heading to provide incentives to grantees to use funding 
for investments in energy efficiency and green building 
technology: Provided further, That such incentives may in-
clude allocation of up to 20 percent of funds made avail-
able under this heading other than pursuant to the for-
mula authorized by section 217 of the Act: Provided fur-
ther, That, of the funds made available under this heading, 
up to 1 percent shall be available for staffing, training, 
technical assistance, technology, monitoring, research and 
evaluation activities: Provided further, That any funds 
made available under this heading used by the Secretary 
for personnel expenses shall be transferred to and merged 
with funding provided to ‘‘Personnel Compensation and 
Benefits, Office of Community Planning and Develop-
ment’’: Provided further, That any funds made available 
under this heading used by the Secretary for training or 
other administrative expenses shall be transferred to and 
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AMDT. NO. 98 
merged with funding provided to ‘‘Administration, Oper-
ations, and Management’’, for non-personnel expenses of 
the Department of Housing and Urban Development: Pro-
vided further, That any funds made available under this 
heading used by the Secretary for technology shall be 
transferred to and merged with the funding provided to 
‘‘Working Capital Fund’’. 
HOMELESSNESS PREVENTION FUND 
For 
homelessness 
prevention 
activities, 
$1,500,000,000, to remain available until September 30, 
2011: Provided, That funds provided under this heading 
shall be used for the provision of short-term or medium- 
term rental assistance; housing relocation and stabiliza-
tion services including housing search, mediation or out-
reach to property owners, credit repair, security or utility 
deposits, utility payments, rental assistance for a final 
month at a location, and moving cost assistance; or other 
appropriate homelessness prevention activities: Provided 
further, That grantees receiving such assistance shall col-
lect data on the use of the funds awarded and persons 
served with this assistance in the Homeless Management 
Information System (HMIS) or other comparable data-
base: Provided further, That grantees may use up to 5 per-
cent of any grant for administrative costs: Provided fur-
ther, That funding made available under this heading shall 
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AMDT. NO. 98 
be allocated to eligible grantees (as defined and designated 
in sections 411 and 412 of subtitle B of title IV of the 
McKinney-Vento Homeless Assistance Act, (the ‘‘Act’’)) 
pursuant to the formula authorized by section 413 of the 
Act: Provided further, That the Secretary may establish 
a minimum grant size: Provided further, That grantees 
shall expend at least 75 percent of funds within 2 years 
of the date that funds became available to them for obliga-
tion, and 100 percent of funds within 3 years of such date, 
and the Secretary may recapture unexpended funds in vio-
lation of the 2-year expenditure requirement and reallo-
cate such funds to grantees in compliance with that re-
quirement: Provided further, That the Secretary may 
waive statutory or regulatory provisions (except provisions 
for fair housing, nondiscrimination, labor standards, and 
the environment) necessary to facilitate the timely expend-
iture of funds: Provided further, That the Secretary shall 
publish a notice to establish such requirements as may be 
necessary to carry out the provisions of this section within 
30 days of enactment of the Act and that this notice shall 
take effect upon issuance: Provided further, That of the 
funds provided under this heading, up to 1.5 percent shall 
be available for staffing, training, technical assistance, 
technology, monitoring, research and evaluation activities: 
Provided further, That any funds made available under 
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AMDT. NO. 98 
this heading used by the Secretary for personnel expense 
shall be transferred to and merged with funding provided 
to ‘‘Community Planning and Development Personnel 
Compensation and Benefits’’: Provided further, That any 
funds made available under this heading used by the Sec-
retary for training or other administrative expenses shall 
be transferred to and merged with funding provided to 
‘‘Administration, Operations, and Management’’ for non- 
personnel expenses of the Department of Housing and 
Urban Development: Provided further, That any funding 
made available under this heading used by the Secretary 
for technology shall be transferred to and merged with the 
funding provided to ‘‘Working Capital Fund.’’ 
ASSISTED HOUSING STABILITY AND ENERGY AND 
GREEN RETROFIT INVESTMENTS 
For assistance to owners of properties receiving 
project-based assistance pursuant to section 202 of the 
Housing Act of 1959 (12 U.S.C. 17012), section 811 of 
the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 8013), or section 8 of the United States Hous-
ing Act of 1937 as amended (42 U.S.C. 1437f), 
$3,500,000,000, of which $2,132,000,000 shall be for an 
additional amount for paragraph (1) under the heading 
‘‘Project-Based Rental Assistance’’ in Public Law 110– 
161 for payments to owners for 12-month periods, and 
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AMDT. NO. 98 
of which $1,368,000,000 shall be for grants or loans for 
energy retrofit and green investments in such assisted 
housing: Provided, That projects funded with grants or 
loans provided under this heading must comply with the 
requirements of subchapter IV of chapter 31 of title 40, 
United States Code: Provided further, That such grants 
or loans shall be provided through the existing policies, 
procedures, contracts, and transactional infrastructure of 
the authorized programs administered by the Office of Af-
fordable Housing Preservation of the Department of 
Housing and Urban Development, on such terms and con-
ditions as the Secretary of Housing and Urban Develop-
ment deems appropriate to ensure the maintenance and 
preservation of the property, the continued operation and 
maintenance of energy efficiency technologies, and the 
timely expenditure of funds: Provided further, That the 
Secretary may provide incentives to owners to undertake 
energy or green retrofits as a part of such grant or loan 
terms, including, but not limited to, investment fees to 
cover oversight and implementation costs incurred by said 
owner, or to encourage job creation for low-income or very 
low-income individuals: Provided further, That the grants 
or loans shall include a financial assessment and physical 
inspection of such property: Provided further, That eligible 
owners must have at least a satisfactory management re-
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AMDT. NO. 98 
view rating, be in substantial compliance with applicable 
performance standards and legal requirements, and com-
mit to an additional period of affordability determined by 
the Secretary, but of not fewer than 15 years: Provided 
further, That the Secretary shall undertake appropriate 
underwriting and oversight with respect to grant and loan 
transactions and may set aside up to 5 percent of the 
funds made available under this heading for grants or 
loans for such purpose: Provided further, That the Sec-
retary shall take steps necessary to ensure that owners 
receiving funding for energy and green retrofit invest-
ments under this heading shall expend such funding with-
in 2 years of the date they received the funding: Provided 
further, That the Secretary may waive or modify statutory 
or regulatory requirements with respect to any existing 
grant, loan, or insurance mechanism authorized to be used 
by the Secretary to enable or facilitate the accomplishment 
of investments supported with funds made available under 
this heading for grants or loans: Provided further, That 
of the funds provided under this heading, up to 1.5 per-
cent shall be available for staffing, training, technical as-
sistance, technology, monitoring, research and evaluation 
activities: Provided further, That funding made available 
under this heading and used by the Secretary for per-
sonnel expenses shall be transferred to and merged with 
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AMDT. NO. 98 
funding provided to ‘‘Housing Compensation and Bene-
fits’’: Provided further, That any funding made available 
under this heading used by the Secretary for training and 
other administrative expenses shall be transferred to and 
merged with funding provided to ‘‘Administration, Oper-
ations and Management’’ for non-personnel expenses of 
the Department of Housing and Urban Development: Pro-
vided further, That any funding made available under this 
heading used by the Secretary for technology shall be 
transferred to and merged with funding provided to 
‘‘Working Capital Fund.’’ 
OFFICE OF HEALTHY HOMES AND LEAD HAZARD 
CONTROL 
For an additional amount for the ‘‘Lead Hazard Re-
duction’’, as authorized by section 1011 of the Residential 
Lead-Based Paint Hazard Reduction Act of 1992, 
$100,000,000, to remain available until September 30, 
2011: Provided, That funds shall be awarded first to appli-
cant jurisdictions which had applied under the Lead- 
Based Paint Hazard Control Grant Program Notice of 
Funding Availability for fiscal year 2008, and were found 
in the application review to be qualified for award, but 
were not awarded because of funding limitations, and that 
any funds which remain after reservation of funds for such 
grants shall be added to the amount of funds to be award-
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AMDT. NO. 98 
ed under the Lead-Based Paint Hazard Control Grant 
Program Notice of Funding Availability for fiscal year 
2009: Provided further, That each applicant jurisdiction 
for the Lead-Based Paint Hazard control Grant Program 
Notice of Funding Availability for fiscal year 2009 shall 
submit a detailed plan and strategy that demonstrates 
adequate capacity that is acceptable to the Secretary to 
carry out the proposed use of funds: Provided further, 
That recipients of funds under this heading shall obligate 
100 percent of such funds within 1 year of the date of 
enactment of this Act, expend at least 75 percent of such 
funds within 2 years of the date on which funds become 
available to such jurisdictions for obligation, and expend 
100 percent of such funds within 3 years of such date: 
Provided further, That if a recipient fails to comply with 
either the 1-year obligation requirement or the 2-year ex-
penditure requirement, the Secretary shall recapture all 
remaining funds awarded to the recipient and reallocate 
such funds to recipients that are in compliance with those 
requirements: Provided further, That if a recipient fails to 
comply with the 3-year expenditure requirement, the Sec-
retary shall recapture the balance of the funds awarded 
to the recipient: Provided further, That in administering 
funds provided in this heading, the Secretary may waive 
any provision of any statute or regulation that the Sec-
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AMDT. NO. 98 
retary administers in connection with the obligation by the 
Secretary or the use by the recipient of these funds except 
for requirements imposed by this heading and require-
ments related to fair housing, nondiscrimination, labor 
standards, and the environment, upon a finding that such 
waiver is required to facilitate the timely use of such funds 
and would not be inconsistent with the overall purpose of 
the statute or regulation: Provided further, That, of the 
funds made available under this heading, up to 1 percent 
shall be available for staffing, training, technical assist-
ance, technology, monitoring, research and evaluation ac-
tivities: Provided further, That any funds made available 
under this heading used by the Secretary for personnel 
expenses shall be transferred to and merged with funding 
provided to ‘‘Personnel Compensation and Benefits, Office 
of Healthy Homes and Lead Hazard Control’’: Provided 
further, That any funds made available under this heading 
used by the Secretary for training or other administrative 
expenses shall be transferred to and merged with funding 
provided to ‘‘Administration, Operations, and Manage-
ment’’, for non-personnel expenses of the Department of 
Housing and Urban Development: Provided further, That 
any funds made available under this heading used by the 
Secretary for technology shall be transferred to and 
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AMDT. NO. 98 
merged with the funding provided to ‘‘Working Capital 
Fund’’. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for the necessary salaries 
and expenses of the Office of Inspector General in car-
rying out the Inspector General Act of 1978, as amended, 
$2,750,000, to remain available until September 30, 2011: 
Provided, That the Inspector General shall have inde-
pendent authority over all personnel issues within this of-
fice. 
TITLE XIII—HEALTH 
INFORMATION TECHNOLOGY 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Health Information 
Technology for Economic and Clinical Health Act’’ or the 
‘‘HITECH Act’’. 
Subtitle A—Promotion of Health 
Information Technology 
PART I—IMPROVING HEALTH CARE QUALITY, 
SAFETY, AND EFFICIENCY 
SEC. 13101. ONCHIT; STANDARDS DEVELOPMENT AND 
ADOPTION. 
The Public Health Service Act (42 U.S.C. 201 et 
seq.) is amended by adding at the end the following: 
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‘‘TITLE XXX—HEALTH INFORMA-
TION 
TECHNOLOGY 
AND 
QUALITY 
‘‘SEC. 3000. DEFINITIONS. 
‘‘In this title: 
‘‘(1) CERTIFIED EHR TECHNOLOGY.—The term 
‘certified EHR technology’ means a qualified elec-
tronic health record and that is certified pursuant to 
section 3001(c)(5) as meeting standards adopted 
under section 3004 that are applicable to the type 
of record involved (as determined by the Secretary, 
such as an ambulatory electronic health record for 
office-based physicians or an inpatient hospital elec-
tronic health record for hospitals). 
‘‘(2) ENTERPRISE
INTEGRATION.—The term 
‘enterprise integration’ means the electronic linkage 
of health care providers, health plans, the govern-
ment, and other interested parties, to enable the 
electronic exchange and use of health information 
among all the components in the health care infra-
structure in accordance with applicable law, and 
such term includes related application protocols and 
other related standards. 
‘‘(3) HEALTH
CARE
PROVIDER.—The term 
‘health care provider’ means a hospital, skilled nurs-
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AMDT. NO. 98 
ing facility, nursing facility, home health entity, or 
other long-term care facility, health care clinic, 
emergency medical services provider, Federally quali-
fied health center, group practice (as defined in sec-
tion 1877(h)(4) of the Social Security Act), a phar-
macist, a pharmacy, a laboratory, a physician (as 
defined in section 1861(r) of the Social Security 
Act), a practitioner (as described in section 
1842(b)(18)(C) of the Social Security Act), a pro-
vider operated by, or under contract with, the Indian 
Health Service or by an Indian tribe (as defined in 
the Indian Self-Determination and Education Assist-
ance Act), tribal organization, or urban Indian orga-
nization (as defined in section 4 of the Indian 
Health Care Improvement Act), a rural health clinic, 
a covered entity under section 340B, and any other 
category of facility or clinician determined appro-
priate by the Secretary. 
‘‘(4) HEALTH INFORMATION.—The term ‘health 
information’ has the meaning given such term in 
section 1171(4) of the Social Security Act. 
‘‘(5) HEALTH
INFORMATION
TECHNOLOGY.— 
The term ‘health information technology’ means 
hardware, software, integrated technologies and re-
lated licenses, intellectual property, upgrades, and 
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AMDT. NO. 98 
packaged solutions sold as services for use by health 
care entities for the electronic creation, maintenance, 
or exchange of health information. 
‘‘(6) HEALTH PLAN.—The term ‘health plan’ 
has the meaning given such term in section 1171(5) 
of the Social Security Act. 
‘‘(7) HIT POLICY COMMITTEE.—The term ‘HIT 
Policy Committee’ means such Committee estab-
lished under section 3002(a). 
‘‘(8) HIT STANDARDS COMMITTEE.—The term 
‘HIT Standards Committee’ means such Committee 
established under section 3003(a). 
‘‘(9) INDIVIDUALLY IDENTIFIABLE HEALTH IN-
FORMATION.—The term ‘individually identifiable 
health information’ has the meaning given such term 
in section 1171(6) of the Social Security Act. 
‘‘(10) LABORATORY.—The term ‘laboratory’ 
has the meaning given such term in section 353(a). 
‘‘(11) NATIONAL
COORDINATOR.—The term 
‘National Coordinator’ means the head of the Office 
of the National Coordinator for Health Information 
Technology established under section 3001(a). 
‘‘(12) PHARMACIST.—The term ‘pharmacist’ 
has the meaning given such term in section 804(2) 
of the Federal Food, Drug, and Cosmetic Act. 
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‘‘(13) 
QUALIFIED
ELECTRONIC
HEALTH 
RECORD.—The term ‘qualified electronic health 
record’ means an electronic record of health-related 
information on an individual that— 
‘‘(A) includes patient demographic and 
clinical health information, such as medical his-
tory and problem lists; and 
‘‘(B) has the capacity— 
‘‘(i) to provide clinical decision sup-
port; 
‘‘(ii) to support physician order entry; 
‘‘(iii) to capture and query informa-
tion relevant to health care quality; and 
‘‘(iv) to exchange electronic health in-
formation with, and integrate such infor-
mation from other sources. 
‘‘(14) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, Puerto 
Rico, the Virgin Islands, Guam, American Samoa, 
and the Northern Mariana Islands. 
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specifications, and certification criteria adopted be-
fore the date of the enactment of this title through 
the process existing through the Office of the Na-
tional Coordinator for Health Information Tech-
nology may be applied towards meeting the require-
ment of paragraph (1). 
‘‘SEC. 3005. APPLICATION AND USE OF ADOPTED STAND-
ARDS 
AND 
IMPLEMENTATION 
SPECIFICA-
TIONS BY FEDERAL AGENCIES. 
‘‘For requirements relating to the application and use 
by Federal agencies of the standards and implementation 
specifications adopted under section 3004, see section 
13111 of the Health Information Technology for Eco-
nomic and Clinical Health Act. 
‘‘SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPT-
ED 
STANDARDS 
AND 
IMPLEMENTATION 
SPECIFICATIONS BY PRIVATE ENTITIES. 
‘‘(a) IN GENERAL.—Except as provided under section 
13112 of the Health Information Technology for Eco-
nomic and Clinical Health Act, any standard or implemen-
tation specification adopted under section 3004 shall be 
voluntary with respect to private entities. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sub-
title shall be construed to require that a private entity that 
enters into a contract with the Federal Government apply 
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and that is managed, shared, and controlled by or 
for the individual. 
(12) PROTECTED HEALTH INFORMATION.—The 
term ‘‘protected health information’’ has the mean-
ing given such term in section 160.103 of title 45, 
Code of Federal Regulations. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(14) SECURITY.—The term ‘‘security’’ has the 
meaning given such term in section 164.304 of title 
45, Code of Federal Regulations. 
(15) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, Puerto 
Rico, the Virgin Islands, Guam, American Samoa, 
and the Northern Mariana Islands. 
(16) TREATMENT.—The term ‘‘treatment’’ has 
the meaning given such term in section 164.501 of 
title 45, Code of Federal Regulations. 
(17) USE.—The term ‘‘use’’ has the meaning 
given such term in section 160.103 of title 45, Code 
of Federal Regulations. 
(18) 
VENDOR
OF
PERSONAL
HEALTH 
RECORDS.—The term ‘‘vendor of personal health 
records’’ means an entity, other than a covered enti-
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