180 
percent of the funds made available to a State from 
this additional amount shall be distributed to eligible 
entities as defined in section 673(1) of such Act: 
Provided further, That for services furnished under 
such Act during fiscal years 2009 and 2010, States 
may apply the last sentence of section 673(2) of 
such Act by substituting ‘‘200 percent’’ for ‘‘125 
percent’’: Provided further, That the provisions of 
section 1106 of this Act shall not apply to this ap-
propriation. 
(4) $100,000,000 for carrying out activities 
under section 1110 of the Social Security Act, of 
which $50,000,000 shall become available on Octo-
ber 1, 2009: Provided, That the Secretary of Health 
and Human Services shall distribute such amount 
under the Compassion Capital Fund to eligible faith- 
based and community organizations: Provided fur-
ther, That the provisions of section 1106 of this Act 
shall not apply to this appropriation. 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
For an additional amount for ‘‘Aging Services Pro-
grams’’ under section 311, and subparts 1 and 2 of part 
C, of title III of the Older Americans Act of 1965, 
$200,000,000, of which $100,000,000 shall become avail-
181 
able on October 1, 2009: Provided, That the provisions 
of section 1106 of this Act shall not apply to this appro-
priation. 
OFFICE OF THE SECRETARY 
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
INFORMATION TECHNOLOGY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of the National 
Coordinator for Health Information Technology’’ to carry 
out section 9202 of this Act, $2,000,000,000, to remain 
available until expended: Provided, That of such amount, 
the Secretary of Health and Human Services shall trans-
fer $20,000,000 to the Director of the National Institute 
of Standards and Technology in the Department of Com-
merce for continued work on advancing health care infor-
mation enterprise integration through activities such as 
technical standards analysis and establishment of con-
formance testing infrastructure, so long as such activities 
are coordinated with the Office of the National Coordi-
nator for Health Information Technology: Provided fur-
ther, That the provisions of section 1103 of this Act shall 
not apply to this appropriation: Provided further, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 0.25 percent instead of the 
percentage specified in such section: Provided further,
182 
That funds available under this heading shall become 
available for obligation only upon submission of an annual 
operating plan by the Secretary to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate: Provided further, That the fiscal year 2009 operating 
plan shall be provided not later than 90 days after enact-
ment of this Act and that subsequent annual operating 
plans shall be provided not later than November 1 of each 
year: Provided further, That these operating plans shall 
describe how expenditures are aligned with the specific ob-
jectives, milestones, and metrics of the Federal Health In-
formation Technology Strategic Plan, including any subse-
quent updates to the Plan; the allocation of resources 
within the Department of Health and Human Services and 
other Federal agencies; and the identification of programs 
and activities that are supported: Provided further, That 
the Secretary shall provide to the Committees on Appro-
priations of the House of Representatives and the Senate 
a report on the actual obligations, expenditures, and unob-
ligated balances for each major set of activities not later 
than November 1, 2009, and every 6 months thereafter 
as long as funding provided under this heading is available 
for obligation or expenditure: Provided further, That the 
Comptroller General of the United States shall review on 
an annual basis the expenditures from funds provided
183 
under this heading to determine if such funds are used 
in a manner consistent with the purpose and requirements 
under this heading. 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to support advanced re-
search and development pursuant to section 319L of the 
Public Health Service Act, $430,000,000: Provided, That 
the provisions of section 1103 of this Act shall not apply 
to this appropriation. 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to prepare for and re-
spond to an influenza pandemic, including the develop-
ment and purchase of vaccine, antivirals, necessary med-
ical supplies, diagnostics, and other surveillance tools, 
$420,000,000: Provided, That the provisions of section 
1103 of this Act shall not apply to this appropriation: Pro-
vided further, That products purchased with these funds 
may, at the discretion of the Secretary of Health and 
Human Services (‘‘Secretary’’), be deposited in the Stra-
tegic National Stockpile: Provided further, That notwith-
standing section 496(b) of the Public Health Service Act, 
funds may be used for the construction or renovation of
184 
privately owned facilities for the production of pandemic 
influenza vaccine and other biologics, where the Secretary 
finds such a contract necessary to secure sufficient sup-
plies of such vaccines or biologics: Provided further, That 
funds appropriated in this paragraph may be transferred 
to other appropriation accounts of the Department of 
Health and Human Services, as determined by the Sec-
retary to be appropriate, to be used for the purposed speci-
fied in this sentence. 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to improve information 
technology security at the Department of Health and 
Human Services, $50,000,000: Provided, That the Sec-
retary shall prepare and submit a report by not later than 
November 1, 2009, and by not later than 15 days after 
the end of each month thereafter, updating the status of 
actions taken and funds obligated in this and previous ap-
propriations Acts for pandemic influenza preparedness 
and response activities, biomedical advanced research and 
development activities, Project BioShield, and Cyber Secu-
rity. 
PREVENTION AND WELLNESS FUND 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for a ‘‘Prevention and 
Wellness Fund’’ to be administered through the Depart-
185 
ment of Health and Human Services Office of the Sec-
retary, $3,000,000,000: Provided, That the provisions of 
section 1103 of this Act shall not apply to this appropria-
tion: Provided further, That of the amount appropriated 
under this heading not less than $2,350,000,000 shall be 
transferred to the Centers for Disease Control and Pre-
vention as follows: 
(1) Not less than $954,000,000 shall be used as 
an additional amount to carry out the immunization 
program authorized by section 317(a), (j), and 
(k)(1) of the Public Health Service Act (‘‘section 
317 
immunization 
program’’), 
of 
which 
$649,900,000 shall be available on October 1, 2009. 
(2) Not less than $296,000,000 shall be used as 
an additional amount to carry out Part A of title 
XIX of the Public Health Service Act, of which 
$148,000,000 shall be available on October 1, 2009. 
(3) Not less than $545,000,000 shall be used as 
an additional amount to carry out chronic disease, 
health promotion, and genomics programs, as jointly 
determined by the Secretary of Health and Human 
Services (‘‘Secretary’’) and the Director of the Cen-
ters for Disease Control and Prevention (‘‘Direc-
tor’’).
186 
(4) Not less than $335,000,000 shall be used as 
an additional amount to carry out domestic HIV/ 
AIDS, viral hepatitis, sexually-transmitted diseases, 
and tuberculosis prevention programs, as jointly de-
termined by the Secretary and the Director. 
(5) Not less than $60,000,000 shall be used as 
an additional amount to carry out environmental 
health programs, as jointly determined by the Sec-
retary and the Director. 
(6) Not less than $50,000,000 shall be used as 
an additional amount to carry out injury prevention 
and control programs, as jointly determined by the 
Secretary and the Director. 
(7) Not less than $30,000,000 shall be used as 
an additional amount for public health workforce de-
velopment activities, as jointly determined by the 
Secretary and the Director. 
(8) Not less than $40,000,000 shall be used as 
an additional amount for the National Institute for 
Occupational Safety and Health to carry out re-
search activities within the National Occupational 
Research Agenda. 
(9) Not less than $40,000,000 shall be used as 
an additional amount for the National Center for 
Health Statistics:
187 
Provided further, That of the amount appropriated under 
this heading not less than $150,000,000 shall be available 
for an additional amount to carry out activities to imple-
ment a national action plan to prevent healthcare-associ-
ated infections, as determined by the Secretary, of which 
not less $50,000,000 shall be provided to States to imple-
ment healthcare-associated infection reduction strategies: 
Provided further, That of the amount appropriated under 
this heading $500,000,000 shall be used to carry out evi-
dence-based clinical and community-based prevention and 
wellness strategies and public health workforce develop-
ment activities authorized by the Public Health Service 
Act, as determined by the Secretary, that deliver specific, 
measurable health outcomes that address chronic and in-
fectious disease rates and health disparities, which shall 
include evidence-based interventions in obesity, diabetes, 
heart disease, cancer, tobacco cessation and smoking pre-
vention, and oral health, and which may be used for the 
Healthy Communities program administered by the Cen-
ters for Disease Control and Prevention and other existing 
community-based programs administered by the Depart-
ment of Health and Human Services: Provided further, 
That funds appropriated in the preceding proviso may be 
transferred to other appropriation accounts of the Depart-
ment of Health and Human Services, as determined by
188 
the Secretary to be appropriate: Provided further, That the 
Secretary shall, directly or through contracts with public 
or private entities, provide for annual evaluations of pro-
grams carried out with funds provided under this heading 
in order to determine the quality and effectiveness of the 
programs: Provided further, That the Secretary shall, not 
later than 1 year after the date of enactment of this Act, 
submit to the Committees on Appropriations of the House 
of Representatives and the Senate, the Committee on En-
ergy and Commerce of the House of Representatives, and 
the Committee on Health, Education, Labor, and Pen-
sions of the Senate, a report: (1) summarizing the annual 
evaluations of programs from the preceding proviso; and 
(2) making recommendations concerning future spending 
on prevention and wellness activities, including any rec-
ommendations made by the United States Preventive 
Services Task Force in the area of clinical preventive serv-
ices and the Task Force on Community Preventive Serv-
ices in the area of community preventive services: Provided 
further, That the Secretary shall enter into a contract with 
the Institute of Medicine, for which no more than 
$1,500,000 shall be made available from funds provided 
in this paragraph, to produce and submit a report to the 
Congress and the Secretary by no later than 1 year after 
the date of enactment of this Act that includes rec-
189 
ommendations on the national priorities for clinical and 
community-based prevention and wellness activities that 
will have a positive impact in preventing illness or reduc-
ing healthcare costs and that considers input from stake-
holders: Provided further, That the Secretary shall provide 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a fiscal year 2009 operating 
plan for the Prevention and Wellness Fund prior to mak-
ing any Federal obligations of funds provided under this 
heading in fiscal year 2009 (excluding funds to carry out 
the section 317 immunization program), but not later than 
90 days after the date of enactment of this Act, and a 
fiscal year 2010 operating plan for the Prevention and 
Wellness Fund prior to making any Federal obligations 
of funds provided under this heading in fiscal year 2010 
(excluding funds to carry out the section 317 immuniza-
tion program), but not later than November 1, 2009, that 
indicate the prevention priorities to be addressed; provide 
measurable goals for each prevention priority; detail the 
allocation of resources within the Department of Health 
and Human Services; and identify which programs or ac-
tivities are supported, including descriptions of any new 
programs or activities: Provided further, That the Sec-
retary shall provide to the Committees on Appropriations 
of the House of Representatives and the Senate a report
190 
on the actual obligations, expenditures, and unobligated 
balances for each activity funded under this heading not 
later than November 1, 2009, and every 6 months there-
after as long as funding provided under this heading is 
available for obligation or expenditure. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COM-
PARATIVE EFFECTIVENESS RESEARCH. 
(a) ESTABLISHMENT.—There is hereby established a 
Federal Coordinating Council for Comparative Effective-
ness Research (in this section referred to as the ‘‘Coun-
cil’’). 
(b) PURPOSE; DUTIES.—The Council shall— 
(1) assist the offices and agencies of the Fed-
eral Government, including the Departments of 
Health and Human Services, Veterans Affairs, and 
Defense, and other Federal departments or agencies, 
to coordinate the conduct or support of comparative 
effectiveness and related health services research; 
and 
(2) advise the President and Congress on— 
(A) strategies with respect to the infra-
structure needs of comparative effectiveness re-
search within the Federal Government;
191 
(B) appropriate organizational expendi-
tures for comparative effectiveness research by 
relevant Federal departments and agencies; and 
(C) opportunities to assure optimum co-
ordination of comparative effectiveness and re-
lated health services research conducted or sup-
ported by relevant Federal departments and 
agencies, with the goal of reducing duplicative 
efforts and encouraging coordinated and com-
plementary use of resources. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Council 
shall be composed of not more than 15 members, all 
of whom are senior Federal officers or employees 
with responsibility for health-related programs, ap-
pointed by the President, acting through the Sec-
retary of Health and Human Services (in this sec-
tion referred to as the ‘‘Secretary’’). Members shall 
first be appointed to the Council not later than 30 
days after the date of the enactment of this Act. 
(2) MEMBERS.— 
(A) IN
GENERAL.—The members of the 
Council shall include one senior officer or em-
ployee from each of the following agencies:
192 
(i) The Agency for Healthcare Re-
search and Quality. 
(ii) The Centers for Medicare and 
Medicaid Services. 
(iii) 
The 
National 
Institutes 
of 
Health. 
(iv) The Office of the National Coor-
dinator for Health Information Tech-
nology. 
(v) The Food and Drug Administra-
tion. 
(vi) The Veterans Health Administra-
tion within the Department of Veterans 
Affairs. 
(vii) The office within the Department 
of Defense responsible for management of 
the 
Department 
of 
Defense 
Military 
Health Care System. 
(B) QUALIFICATIONS.—At least half of the 
members of the Council shall be physicians or 
other experts with clinical expertise. 
(3) CHAIRMAN; VICE
CHAIRMAN.—The Sec-
retary shall serve as Chairman of the Council and 
shall designate a member to serve as Vice Chairman. 
(d) REPORTS.—
193 
(1) INITIAL REPORT.—Not later than June 30, 
2009, the Council shall submit to the President and 
the Congress a report containing information de-
scribing Federal activities on comparative effective-
ness research and recommendations for additional 
investments in such research conducted or supported 
from funds made available for allotment by the Sec-
retary for comparative effectiveness research in this 
Act. 
(2) ANNUAL REPORT.—The Council shall sub-
mit to the President and Congress an annual report 
regarding its activities and recommendations con-
cerning the infrastructure needs, appropriate organi-
zational expenditures and opportunities for better 
coordination of comparative effectiveness research by 
relevant Federal departments and agencies. 
(e) STAFFING; SUPPORT.—From funds made avail-
able for allotment by the Secretary for comparative effec-
tiveness research in this Act, the Secretary shall make 
available not more than 1 percent to the Council for staff 
and administrative support. 
SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECH-
NOLOGY. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall invest in the infrastructure nec-
194 
essary to allow for and promote the electronic exchange 
and use of health information for each individual in the 
United States consistent with the goals outlined in the 
Strategic Plan developed by the Office of the National Co-
ordinator for Health Information Technology. Such invest-
ment shall include investment in at least the following: 
(1) Health information technology architecture 
that will support the nationwide electronic exchange 
and use of health information in a secure, private, 
and accurate manner, including connecting health 
information exchanges, and which may include up-
dating and implementing the infrastructure nec-
essary within different agencies of the Department 
of Health and Human Services to support the elec-
tronic use and exchange of health information. 
(2) Integration of health information tech-
nology, including electronic medical records, into the 
initial and ongoing training of health professionals 
and others in the healthcare industry who would be 
instrumental to improving the quality of healthcare 
through the smooth and accurate electronic use and 
exchange of health information as determined by the 
Secretary. 
(3) Training on and dissemination of informa-
tion on best practices to integrate health information
195 
technology, including electronic records, into a pro-
vider’s delivery of care, including community health 
centers receiving assistance under section 330 of the 
Public Health Service Act and providers partici-
pating in one or more of the programs under titles 
XVIII, XIX, and XXI of the Social Security Act (re-
lating to Medicare, Medicaid, and the State Chil-
dren’s Health Insurance Program). 
(4) Infrastructure and tools for the promotion 
of telemedicine, including coordination among Fed-
eral agencies in the promotion of telemedicine. 
(5) Promotion of the interoperability of clinical 
data repositories or registries. 
The Secretary shall implement paragraph (3) in coordina-
tion with State agencies administering the Medicaid pro-
gram and the State Children’s Health Insurance Program. 
(b) LIMITATION.—None of the funds appropriated to 
carry out this section may be used to make significant in-
vestments in, or provide significant funds for, the acquisi-
tion of hardware or software or for the use of an electronic 
health or medical record, or significant components there-
of, unless such investments or funds are for certified prod-
ucts that would permit the full and accurate electronic ex-
change and use of health information in a medical record, 
including standards for security, privacy, and quality im-
196 
provement functions adopted by the Office of the National 
Coordinator for Health Information Technology. 
(c) REPORT.—The Secretary shall annually report to 
the Committees on Energy and Commerce, on Ways and 
Means, on Science and Technology, and on Appropriations 
of the House of Representatives and the Committees on 
Finance, on Health, Education, Labor, and Pensions, and 
on Appropriations of the Senate on the uses of these funds 
and their impact on the infrastructure for the electronic 
exchange and use of health information. 
Subtitle C—Education 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For an additional amount for ‘‘Education for the Dis-
advantaged’’ to carry out title I of the Elementary and 
Secondary 
Education 
Act 
of 
1965 
(‘‘ESEA’’), 
$13,000,000,000: Provided, That $5,500,000,000 shall be 
available for targeted grants under section 1125 of the 
ESEA, of which $2,750,000,000 shall become available on 
July 1, 2009, and shall remain available through Sep-
tember 30, 2010, and $2,750,000,000 shall become avail-
able on July 1, 2010, and shall remain available through 
September 
30, 
2011: 
Provided 
further, 
That 
$5,500,000,000 shall be available for education finance in-
centive grants under section 1125A of the ESEA, of which
197 
$2,750,000,000 shall become available on July 1, 2009, 
and shall remain available through September 30, 2010, 
and $2,750,000,000 shall become available on July 1, 
2010, and shall remain available through September 30, 
2011: Provided further, That $2,000,000,000 shall be for 
school improvement grants under section 1003(g) of the 
ESEA, of which $1,000,000,000 shall become available on 
July 1, 2009, and shall remain available through Sep-
tember 30, 2010, and $1,000,000,000 shall become avail-
able on July 1, 2010, and shall remain available through 
September 30, 2011: Provided further, That the provisions 
of section 1106 of this Act shall not apply to this appro-
priation. 
IMPACT AID 
For an additional amount for ‘‘Impact Aid’’ to carry 
out section 8007 of title VIII of the Elementary and Sec-
ondary Education Act of 1965, $100,000,000, which shall 
remain available through September 30, 2010: Provided, 
That the amount set aside from this appropriation pursu-
ant to section 1106 of this Act shall be 1 percent instead 
of the percentage specified in such section. 
SCHOOL IMPROVEMENT PROGRAMS 
For an additional amount for ‘‘School Improvement 
Programs’’ to carry out subpart 1, part D of title II of 
the Elementary and Secondary Education Act of 1965
198 
(‘‘ESEA’’), and subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act, $1,066,000,000: Pro-
vided, That $1,000,000,000 shall be available for subpart 
1, part D of title II of the ESEA, of which $500,000,000 
shall become available on July 1, 2009, and shall remain 
available through September 30, 2010, and $500,000,000 
shall become available on July 1, 2010, and remain avail-
able through September 30, 2011: Provided further, That 
the provisions of section 1106 of this Act shall not apply 
to these funds: Provided further, That $66,000,000 shall 
be available for subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act, of which $33,000,000 
shall become available on July 1, 2009, and shall remain 
available through September 30, 2010, and $33,000,000 
shall become available on July 1, 2010, and remain avail-
able through September 30, 2011. 
INNOVATION AND IMPROVEMENT 
For an additional amount for ‘‘Innovation and Im-
provement’’ to carry out subpart 1, part D and subpart 
2, part B of title V of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’), $225,000,000: Provided, 
That $200,000,000 shall be available for subpart 1, part 
D of title V of the ESEA: Provided further, That these 
funds shall be expended as directed in the fifth, sixth, and 
seventh provisos under the heading ‘‘Innovation and Im-
199 
provement’’ in the Department of Education Appropria-
tions Act, 2008: Provided further, That a portion of these 
funds shall also be used for a rigorous national evaluation 
by the Institute of Education Sciences, utilizing random-
ized controlled methodology to the extent feasible, that as-
sesses the impact of performance-based teacher and prin-
cipal compensation systems supported by the funds pro-
vided in this Act on teacher and principal recruitment and 
retention in high-need schools and subjects: Provided fur-
ther, That $25,000,000 shall be available for subpart 2, 
part B of title V of the ESEA: Provided further, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 1 percent instead of the 
percentage specified in such section. 
SPECIAL EDUCATION 
For an additional amount for ‘‘Special Education’’ 
for carrying out section 611 and part C of the Individuals 
with 
Disabilities 
Education 
Act 
(‘‘IDEA’’), 
$13,600,000,000: Provided, That $13,000,000,000 shall 
be available for section 611 of the IDEA, of which 
$6,000,000,000 shall become available on July 1, 2009, 
and remain available through September 30, 2010, and 
$7,000,000,000 shall become available on July 1, 2010, 
and remain available through September 30, 2011: Pro-
vided further, That $600,000,000 shall be available for
200 
part C of the IDEA, of which $300,000,000 shall become 
available on July 1, 2009, and remain available through 
September 30, 2010, and $300,000,000 shall become 
available on July 1, 2010, and remain available through 
September 30, 2011: Provided further, That by July 1, 
2009, the Secretary of Education shall reserve the amount 
needed for grants under section 643(e) of the IDEA from 
funds available for obligation on July 1, 2009, with any 
remaining funds to be allocated in accordance with section 
643(c) of the IDEA: Provided further, That by July 1, 
2010, the Secretary shall reserve the amount needed for 
grants under section 643(e) of the IDEA from funds avail-
able for obligation on July 1, 2010, with any remaining 
funds to be allocated in accordance with section 643(c) 
of the IDEA: Provided further, That if every State, as de-
fined by section 602(31) of the IDEA, reaches its max-
imum allocation under section 611(d)(3)(B)(iii) of the 
IDEA, and there are remaining funds, such funds shall 
be proportionally allocated to each State subject to the 
maximum amounts contained in section 611(a)(2) of the 
IDEA: Provided further, That the provisions of section 
1106 of this Act shall not apply to this appropriation. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For an additional amount for ‘‘Rehabilitation Serv-
ices and Disability Research’’ for providing grants to
201 
States to carry out the Vocational Rehabilitation Services 
program under part B of title I and parts B and C of 
chapter 1 and chapter 2 of title VII of the Rehabilitation 
Act of 1973, $700,000,000: Provided, That $500,000,000 
shall be available for part B of title I of the Rehabilitation 
Act, of which $250,000,000 shall become available on Oc-
tober 1, 2009: Provided further, That funds provided here-
in shall not be considered in determining the amount re-
quired to be appropriated under section 100(b)(1) of the 
Rehabilitation Act of 1973 in any fiscal year: Provided fur-
ther, That, notwithstanding section 7(14)(A), the Federal 
share of the costs of vocational rehabilitation services pro-
vided with the funds provided herein shall be 100 percent: 
Provided further, That the provisions of section 1106 of 
this Act shall not apply to these funds: Provided further, 
That $200,000,000 shall be available for parts B and C 
of chapter 1 and chapter 2 of title VII of the Rehabilita-
tion Act, of which $100,000,000 shall become available on 
October 1, 2009: Provided further, That $34,775,000 shall 
be for State Grants, $114,581,000 shall be for inde-
pendent living centers, and $50,644,000 shall be for serv-
ices for older blind individuals. 
STUDENT FINANCIAL ASSISTANCE 
For an additional amount for ‘‘Student Financial As-
sistance’’ to carry out subpart 1 of part A and part C
202 
of title IV of the Higher Education Act of 1965 (‘‘HEA’’), 
$16,126,000,000, which shall remain available through 
September 30, 2011: Provided, That $15,636,000,000 
shall be available for subpart 1of part A of title IV of the 
HEA: Provided further, That $490,000,000 shall be avail-
able for part C of title IV of the HEA, of which 
$245,000,000 shall become available on October 1, 2009: 
Provided further, That the provisions of section 1106 of 
this Act shall not apply to this appropriation. 
The maximum Pell Grant for which a student shall 
be eligible during award year 2009–2010 shall be $4,860. 
STUDENT AID ADMINISTRATION 
For an additional amount for ‘‘Student Aid Adminis-
tration’’ to carry out part D of title I, and subparts 1, 
3, and 4 of part A, and parts B, C, D, and E of title 
IV of the Higher Education Act of 1965, $50,000,000, 
which shall remain available through September 30, 2011: 
Provided, That such amount shall also be available for an 
independent audit of programs and activities authorized 
under section 459A of such Act: Provided further, That 
the provisions of section 1106 of this Act shall not apply 
to this appropriation. 
HIGHER EDUCATION 
For an additional amount for ‘‘Higher Education’’ to 
carry out part A of title II of the Higher Education Act
203 
of 1965, $100,000,000: Provided, That section 203(c)(1) 
of such Act shall not apply to awards made with these 
funds. 
INSTITUTE OF EDUCATION SCIENCES 
For an additional amount for Institute of Education 
Sciences to carry out section 208 of the Educational Tech-
nical Assistance Act, $250,000,000, which may be used 
for Statewide data systems that include postsecondary and 
workforce information, of which up to $5,000,000 may be 
used for State data coordinators and for awards to public 
or private organizations or agencies to improve data co-
ordination: Provided, That the amount set aside from this 
appropriation pursuant to section 1106 of this Act shall 
be 1 percent instead of the percentage specified in such 
section. 
SCHOOL MODERNIZATION, RENOVATION, AND REPAIR 
For carrying out section 9301 of this Act, 
$14,000,000,000: Provided, That amount available under 
section 9301 of this Act for administration and oversight 
shall take the place of the set-aside under section 1106 
of this Act. 
HIGHER EDUCATION MODERNIZATION, RENOVATION, 
AND REPAIR 
For carrying out section 9302 of this Act, 
$6,000,000,000: Provided, That amount available under
204 
section 9302 of this Act for administration and oversight 
shall take the place of the set-aside under section 1106 
of this Act. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 9301. 21ST CENTURY GREEN HIGH-PERFORMING PUB-
LIC SCHOOL FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) The term ‘‘Bureau-funded school’’ has the 
meaning given to such term in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 2021). 
(2) The term ‘‘charter school’’ has the meaning 
given such term in section 5210 of the Elementary 
and Secondary Education Act of 1965. 
(3) The term ‘‘local educational agency’’— 
(A) has the meaning given to that term in 
section 9101 of the Elementary and Secondary 
Education Act of 1965, and shall also include 
the Recovery School District of Louisiana and 
the New Orleans Public Schools; and 
(B) includes any public charter school that 
constitutes a local educational agency under 
State law. 
(4) The term ‘‘outlying area’’— 
(A) means the United States Virgin Is-
lands, Guam, American Samoa, and the Com-
205 
monwealth of the Northern Mariana Islands; 
and 
(B) includes the freely associated states of 
the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, and the Republic 
of Palau. 
(5) The term ‘‘public school facilities’’ includes 
charter schools. 
(6) The term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
(7) The term ‘‘LEED Green Building Rating 
System’’ means the United States Green Building 
Council Leadership in Energy and Environmental 
Design green building rating standard referred to as 
the LEED Green Building Rating System. 
(8) The term ‘‘Energy Star’’ means the Energy 
Star program of the United States Department of 
Energy and the United States Environmental Pro-
tection Agency. 
(9) The term ‘‘CHPS Criteria’’ means the 
green building rating program developed by the Col-
laborative for High Performance Schools.
206 
(10) The term ‘‘Green Globes’’ means the 
Green Building Initiative environmental design and 
rating system referred to as Green Globes. 
(b) PURPOSE.—Grants under this section shall be for 
the purpose of modernizing, renovating, or repairing pub-
lic school facilities, based on their need for such improve-
ments, to be safe, healthy, high-performing, and up-to- 
date technologically. 
(c) ALLOCATION OF FUNDS.— 
(1) RESERVATIONS.— 
(A) IN GENERAL.—From the amount ap-
propriated to carry out this section, the Sec-
retary of Education shall reserve 1 percent of 
such amount, consistent with the purpose de-
scribed in subsection (b)— 
(i) to provide assistance to the out-
lying areas; and 
(ii) for payments to the Secretary of 
the Interior to provide assistance to Bu-
reau-funded schools. 
(B) ADMINISTRATION AND OVERSIGHT.— 
The Secretary may, in addition, reserve up to 
$6,000,000 of such amount for administration 
and oversight of this section. 
(2) ALLOCATION TO STATES.—
207 
(A) 
STATE-BY-STATE
ALLOCATION.—Of 
the amount appropriated to carry out this sec-
tion, and not reserved under paragraph (1), 
each State shall be allocated an amount in pro-
portion to the amount received by all local edu-
cational agencies in the State under part A of 
title I of the Elementary and Secondary Edu-
cation Act of 1965 for fiscal year 2008 relative 
to the total amount received by all local edu-
cational agencies in every State under such part 
for such fiscal year. 
(B) STATE
ADMINISTRATION.—A State 
may reserve up to 1 percent of its allocation 
under subparagraph (A) to carry out its respon-
sibilities under this section, including— 
(i) providing technical assistance to 
local educational agencies; 
(ii) developing, within 6 months of re-
ceiving its allocation under subparagraph 
(A), a plan to develop a database that in-
cludes an inventory of public school facili-
ties in the State and the modernization, 
renovation, and repair needs of, energy use 
by, and the carbon footprint of such 
schools; and
208 
(iii) developing a school energy effi-
ciency quality plan. 
(C) GRANTS
TO
LOCAL
EDUCATIONAL 
AGENCIES.—From the amount allocated to a 
State under subparagraph (A), each local edu-
cational agency in the State that meets the re-
quirements of section 1112(a) of the Elemen-
tary and Secondary Education Act of 1965 
shall receive an amount in proportion to the 
amount received by such local educational agen-
cy under part A of title I of that Act for fiscal 
year 2008 relative to the total amount received 
by all local educational agencies in the State 
under such part for such fiscal year, except that 
no local educational agency that received funds 
under part A of title I of that Act for such fis-
cal year shall receive a grant of less than 
$5,000. 
(D) SPECIAL
RULE.—Section 1122(c)(3) 
of the Elementary and Secondary Education 
Act of 1965 shall not apply to subparagraph 
(A) or (C). 
(3) SPECIAL RULES.— 
(A) DISTRIBUTIONS BY SECRETARY.—The 
Secretary of Education shall make and dis-
209 
tribute the reservations and allocations de-
scribed in paragraphs (1) and (2) not later than 
30 days after the date of the enactment of this 
Act. 
(B) DISTRIBUTIONS BY STATES.—A State 
shall make and distribute the allocations de-
scribed in paragraph (2)(C) within 30 days of 
receiving such funds from the Secretary. 
(d) USE IT OR LOSE IT REQUIREMENTS.— 
(1) DEADLINE FOR BINDING COMMITMENTS.— 
Each local educational agency receiving funds under 
this section shall enter into contracts or other bind-
ing commitments not later than 1 year after the 
date of the enactment of this Act (or not later than 
9 months after such funds are awarded, if later) to 
make use of 50 percent of such funds, and shall 
enter into contracts or other binding commitments 
not later than 2 years after the date of the enact-
ment of this Act (or not later than 21 months after 
such funds are awarded, if later) to make use of the 
remaining funds. In the case of activities to be car-
ried out directly by a local educational agency (rath-
er than by contracts, subgrants, or other arrange-
ments with third parties), a certification by the 
agency specifying the amounts, planned timing, and
210 
purpose of such expenditures shall be deemed a 
binding commitment for purposes of this subsection. 
(2) 
REDISTRIBUTION
OF
UNCOMMITTED 
FUNDS.—A State shall recover or deobligate any 
funds not committed in accordance with paragraph 
(1), and redistribute such funds to other local edu-
cational agencies eligible under this section and able 
to make use of such funds in a timely manner (in-
cluding binding commitments within 120 days after 
the reallocation). 
(e) ALLOWABLE USES
OF FUNDS.—A local edu-
cational agency receiving a grant under this section shall 
use the grant for modernization, renovation, or repair of 
public school facilities, including— 
(1) repairing, replacing, or installing roofs, in-
cluding extensive, intensive or semi-intensive green 
roofs, electrical wiring, plumbing systems, sewage 
systems, lighting systems, or components of such 
systems, windows, or doors, including security doors; 
(2) repairing, replacing, or installing heating, 
ventilation, air conditioning systems, or components 
of such systems (including insulation), including in-
door air quality assessments; 
(3) bringing public schools into compliance with 
fire, health, and safety codes, including professional
211 
installation of fire/life safety alarms, including mod-
ernizations, renovations, and repairs that ensure 
that schools are prepared for emergencies, such as 
improving building infrastructure to accommodate 
security measures; 
(4) modifications necessary to make public 
school facilities accessible to comply with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) and section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), except that such modifica-
tions shall not be the primary use of the grant; 
(5) asbestos or polychlorinated biphenyls abate-
ment or removal from public school facilities; 
(6) implementation of measures designed to re-
duce or eliminate human exposure to lead-based 
paint hazards through methods including interim 
controls, abatement, or a combination of each; 
(7) implementation of measures designed to re-
duce or eliminate human exposure to mold or mil-
dew; 
(8) upgrading or installing educational tech-
nology infrastructure to ensure that students have 
access to up-to-date educational technology;
212 
(9) technology activities that are carried out in 
connection with school repair and renovation, includ-
ing— 
(A) wiring; 
(B) acquiring hardware and software; 
(C) acquiring connectivity linkages and re-
sources; and 
(D) acquiring microwave, fiber optics, 
cable, and satellite transmission equipment; 
(10) modernization, renovation, or repair of 
science and engineering laboratory facilities, librar-
ies, and career and technical education facilities, in-
cluding those related to energy efficiency and renew-
able energy, and improvements to building infra-
structure to accommodate bicycle and pedestrian ac-
cess; 
(11) renewable energy generation and heating 
systems, including solar, photovoltaic, wind, geo-
thermal, or biomass, including wood pellet, systems 
or components of such systems; 
(12) other modernization, renovation, or repair 
of public school facilities to— 
(A) improve teachers’ ability to teach and 
students’ ability to learn;
213 
(B) ensure the health and safety of stu-
dents and staff; 
(C) make them more energy efficient; or 
(D) reduce class size; and 
(13) required environmental remediation related 
to public school modernization, renovation, or repair 
described in paragraphs (1) through (12). 
(f) IMPERMISSIBLE USES OF FUNDS.—No funds re-
ceived under this section may be used for— 
(1) payment of maintenance costs; or 
(2) stadiums or other facilities primarily used 
for athletic contests or exhibitions or other events 
for which admission is charged to the general public. 
(g) SUPPLEMENT, NOT SUPPLANT.—A local edu-
cational agency receiving a grant under this section shall 
use such Federal funds only to supplement and not sup-
plant the amount of funds that would, in the absence of 
such Federal funds, be available for modernization, ren-
ovation, or repair of public school facilities. 
(h) PROHIBITION REGARDING STATE AID.—A State 
shall not take into consideration payments under this sec-
tion in determining the eligibility of any local educational 
agency in that State for State aid, or the amount of State 
aid, with respect to free public education of children.
214 
(i) SPECIAL RULE ON CONTRACTING.—Each local 
educational agency receiving a grant under this section 
shall ensure that, if the agency carries out modernization, 
renovation, or repair through a contract, the process for 
any such contract ensures the maximum number of quali-
fied bidders, including local, small, minority, and women- 
and veteran-owned businesses, through full and open com-
petition. 
(j) SPECIAL RULE ON USE OF IRON AND STEEL 
PRODUCED IN THE UNITED STATES.— 
(1) IN GENERAL.—A local educational agency 
shall not obligate or expend funds received under 
this section for a project for the modernization, ren-
ovation, or repair of a public school facility unless all 
of the iron and steel used in such project is pro-
duced in the United States. 
(2) EXCEPTIONS.—The provisions of paragraph 
(1) shall not apply in any case in which the local 
educational agency finds that— 
(A) their application would be inconsistent 
with the public interest; 
(B) iron and steel are not produced in the 
United States in sufficient and reasonably 
available quantities and of a satisfactory qual-
ity; or
215 
(C) inclusion of iron and steel produced in 
the United States will increase the cost of the 
overall project contract by more than 25 per-
cent. 
(k) APPLICATION OF GEPA.—The grant program 
under this section is an applicable program (as that term 
is defined in section 400 of the General Education Provi-
sions Act (20 U.S.C. 1221)) subject to section 439 of such 
Act (20 U.S.C. 1232b). 
(l) CHARTER SCHOOLS.—A local educational agency 
receiving an allocation under this section shall use an equi-
table portion of that allocation for allowable activities ben-
efitting charter schools within its jurisdiction, as deter-
mined based on the percentage of students from low-in-
come families in the schools of the agency who are enrolled 
in charter schools and on the needs of those schools as 
determined by the agency. 
(m) GREEN SCHOOLS.— 
(1) IN GENERAL.—A local educational agency 
shall use not less than 25 percent of the funds re-
ceived under this section for public school mod-
ernization, renovation, or repairs that are certified, 
verified, or consistent with any applicable provisions 
of—
216 
(A) the LEED Green Building Rating Sys-
tem; 
(B) Energy Star; 
(C) the CHPS Criteria; 
(D) Green Globes; or 
(E) an equivalent program adopted by the 
State or another jurisdiction with authority over 
the local educational agency. 
(2) TECHNICAL
ASSISTANCE.—The Secretary, 
in consultation with the Secretary of Energy and the 
Administrator of the Environmental Protection 
Agency, shall provide outreach and technical assist-
ance to States and school districts concerning the 
best practices in school modernization, renovation, 
and repair, including those related to student aca-
demic achievement and student and staff health, en-
ergy efficiency, and environmental protection. 
(n) YOUTHBUILD PROGRAMS.—The Secretary of 
Education, in consultation with the Secretary of Labor, 
shall work with recipients of funds under this section to 
promote appropriate opportunities for participants in a 
YouthBuild program (as defined in section 173A of the 
Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to 
gain employment experience on modernization, renovation, 
and repair projects funded under this section.
217 
(o) REPORTING.— 
(1) REPORTS BY LOCAL EDUCATIONAL AGEN-
CIES.—Local educational agencies receiving a grant 
under this section shall compile, and submit to the 
State educational agency (which shall compile and 
submit such reports to the Secretary), a report de-
scribing the projects for which such funds were used, 
including— 
(A) the number of public schools in the 
agency, including the number of charter 
schools; 
(B) the total amount of funds received by 
the local educational agency under this section 
and the amount of such funds expended, includ-
ing the amount expended for modernization, 
renovation, and repair of charter schools; 
(C) the number of public schools in the 
agency with a metro-centric locale code of 41, 
42, or 43 as determined by the National Center 
for Education Statistics and the percentage of 
funds received by the agency under this section 
that were used for projects at such schools; 
(D) the number of public schools in the 
agency that are eligible for schoolwide programs 
under section 1114 of the Elementary and Sec-
218 
ondary Education Act of 1965 and the percent-
age of funds received by the agency under this 
section that were used for projects at such 
schools; 
(E) the cost of each project, which, if any, 
of the standards described in subsection (k)(1) 
the project met, and any demonstrable or ex-
pected academic, energy, or environmental ben-
efits as a result of the project; 
(F) if flooring was installed, whether— 
(i) it was low- or no-VOC (Volatile 
Organic Compounds) flooring; 
(ii) it was made from sustainable ma-
terials; and 
(iii) use of flooring described in clause 
(i) or (ii) was cost effective; and 
(G) the total number and amount of con-
tracts awarded, and the number and amount of 
contracts awarded to local, small, minority- 
owned, women-owned, and veteran-owned busi-
nesses. 
(2) REPORTS BY SECRETARY.—Not later than 
December 31, 2011, the Secretary of Education 
shall submit to the Committees on Education and 
Labor and Appropriations of the House of Rep-
219 
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of 
the Senate a report on grants made under this sec-
tion, including the information described in para-
graph (1), the types of modernization, renovation, 
and repair funded, and the number of students im-
pacted, including the number of students counted 
under section 1113(a)(5) of the Elementary and 
Secondary Education Act of 1965. 
SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVA-
TION, AND REPAIR. 
(a) PURPOSE.—Grants awarded under this section 
shall be for the purpose of modernizing, renovating, and 
repairing institution of higher education facilities that are 
primarily used for instruction, research, or student hous-
ing. 
(b) GRANTS TO STATE HIGHER EDUCATION AGEN-
CIES.— 
(1) FORMULA.—From the amounts appro-
priated to carry out this section, the Secretary of 
Education shall allocate funds to State higher edu-
cation agencies based on the number of students at-
tending institutions of higher education, with the 
State higher education agency in each State receiv-
ing an amount that is in proportion to the number
220 
of full-time equivalent undergraduate students at-
tending institutions of higher education in such 
State for the most recent fiscal year for which there 
are data available, relative to the total number of 
full-time equivalent undergraduate students attend-
ing institutions of higher education in all States for 
such fiscal year. 
(2) APPLICATION.—To be eligible to receive an 
allocation from the Secretary under paragraph (1), 
a State higher education agency shall submit an ap-
plication to the Secretary at such time and in such 
manner as the Secretary may reasonably require. 
(3) REALLOCATION.—Amounts allocated to a 
State higher education agency under this section 
that are not obligated by such agency within 6 
months of the date the agency receives such 
amounts shall be returned to the Secretary, and the 
Secretary shall reallocate such amounts to State 
higher education agencies in other States on the 
same basis as the original allocations under para-
graph (1)(B). 
(4) ADMINISTRATION
AND
OVERSIGHT
EX-
PENSES.—From the amounts appropriated to carry 
out this section, not more than $6,000,000 shall be 
available to the Secretary for administrative and
221 
oversight expenses related to carrying out this sec-
tion. 
(c) USE OF GRANTS BY STATE HIGHER EDUCATION 
AGENCIES.— 
(1) SUBGRANTS TO INSTITUTIONS OF HIGHER 
EDUCATION.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), each State higher education 
agency receiving an allocation under subsection 
(b)(1) shall use the amount allocated to award 
subgrants to institutions of higher education 
within the State to carry out projects in accord-
ance with subsection (d)(1). 
(B) SUBGRANT
AWARD
ALLOCATION.—A 
State higher education agency shall award sub-
grants to institutions of higher education under 
this section based on the demonstrated need of 
each institution for facility modernization, ren-
ovation, and repair. 
(C) 
PRIORITY
CONSIDERATIONS.—In 
awarding subgrants under this section, each 
State higher education agency shall give pri-
ority consideration to institutions of higher edu-
cation with any of the following characteristics:
222 
(i) The institution is eligible for Fed-
eral assistance under title III or title V of 
the Higher Education Act of 1965. 
(ii) The institution was impacted by a 
major disaster or emergency declared by 
the President (as defined in section 102(2) 
of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 
5122(2))), including an institution affected 
by a Gulf hurricane disaster, as such term 
is defined in section 824(g)(1) of the High-
er Education Act of 1965 (20 U.S.C. 
11611–3(g)(1)). 
(iii) The institution demonstrates that 
the proposed project or projects to be car-
ried out with a subgrant under this section 
will increase the energy efficiency of the in-
stitution’s facilities and comply with the 
LEED Green Building Rating System. 
(2) ADMINISTRATIVE
AND
OVERSIGHT
EX-
PENSES.—Of the allocation amount received under 
subsection (b)(1), a State higher education agency 
may reserve not more than 5 percent of such 
amount, or $500,000, whichever is less, for adminis-
223 
trative and oversight expenses related to carrying 
out this section. 
(d) USE OF SUBGRANTS BY INSTITUTIONS OF HIGH-
ER EDUCATION.— 
(1) PERMISSIBLE USES OF FUNDS.—An institu-
tion of higher education receiving a subgrant under 
this section shall use such subgrant to modernize, 
renovate, or repair facilities of the institution that 
are primarily used for instruction, research, or stu-
dent housing, which may include any of the fol-
lowing: 
(A) Repair, replacement, or installation of 
roofs, electrical wiring, plumbing systems, sew-
age systems, or lighting systems. 
(B) Repair, replacement, or installation of 
heating, ventilation, or air conditioning systems 
(including insulation). 
(C) Compliance with fire and safety codes, 
including— 
(i) professional installation of fire or 
life safety alarms; and 
(ii) modernizations, renovations, and 
repairs that ensure that the institution’s 
facilities are prepared for emergencies,
224 
such as improving building infrastructure 
to accommodate security measures. 
(D) Retrofitting necessary to increase the 
energy efficiency of the institution’s facilities. 
(E) Renovations to the institution’s facili-
ties necessary to comply with accessibility re-
quirements in the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.) and sec-
tion 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794). 
(F) Abatement or removal of asbestos from 
the institution’s facilities. 
(G) Modernization, renovation, and repair 
relating to improving science and engineering 
laboratories, libraries, and instructional facili-
ties. 
(H) Upgrading or installation of edu-
cational technology infrastructure. 
(I) Installation or upgrading of renewable 
energy generation and heating systems, includ-
ing solar, photovoltaic, wind, biomass (including 
wood pellet), or geothermal systems, or compo-
nents of such systems.
225 
(J) Other modernization, renovation, or re-
pair projects that are primarily for instruction, 
research, or student housing. 
(2) GREEN SCHOOL REQUIREMENT.—An insti-
tution of higher education receiving a subgrant 
under this section shall use not less than 25 percent 
of such subgrant to carry out projects for mod-
ernization, renovation, or repair that are certified, 
verified, or consistent with the applicable provisions 
of— 
(A) the LEED Green Building Rating Sys-
tem; 
(B) Energy Star; 
(C) the CHPS Criteria; 
(D) Green Globes; or 
(E) an equivalent program adopted by the 
State or the State higher education agency. 
(3) PROHIBITED USES OF FUNDS.—No funds 
awarded under this section may be used for— 
(A) the maintenance of systems, equip-
ment, or facilities, including maintenance asso-
ciated with any permissible uses of funds de-
scribed in paragraph (1); 
(B) modernization, renovation, or repair of 
stadiums or other facilities primarily used for
226 
athletic contests or exhibitions or other events 
for which admission is charged to the general 
public; 
(C) modernization, renovation, or repair of 
facilities— 
(i) used for sectarian instruction, reli-
gious worship, or a school or department 
of divinity; or 
(ii) in which a substantial portion of 
the functions of the facilities are subsumed 
in a religious mission; or 
(D) construction of new facilities. 
(4) USE IT OR LOSE IT REQUIREMENTS.— 
(A) DEADLINE
FOR
BINDING
COMMIT-
MENTS.—Each institution of higher education 
receiving a subgrant under this section shall 
enter into contracts or other binding commit-
ments not later than 1 year after the date of 
the enactment of this Act (or not later than 9 
months after the subgrant is awarded, if later) 
to make use of 50 percent of the funds award-
ed, and shall enter into contracts or other bind-
ing commitments not later than 2 years after 
the date of the enactment of this Act (or not 
later than 21 months after the subgrant is
227 
awarded, if later) to make use of the remaining 
funds. In the case of activities to be carried out 
directly by an institution of higher education re-
ceiving such a subgrant (rather than by con-
tracts, subgrants, or other arrangements with 
third parties), a certification by the institution 
specifying the amounts, planned timing, and 
purpose of such expenditures shall be deemed a 
binding commitment for purposes of this sec-
tion. 
(B) REDISTRIBUTION
OF
UNCOMMITTED 
FUNDS.—A State higher education agency shall 
recover or deobligate any subgrant funds not 
committed in accordance with subparagraph 
(A), and redistribute such funds to other insti-
tutions of higher education that are— 
(i) eligible for subgrants under this 
section; and 
(ii) able to make use of such funds in 
a timely manner (including binding com-
mitments within 120 days after the re-
allocation). 
(e) APPLICATION OF GEPA.—The grant program au-
thorized in this section is an applicable program (as that 
term is defined in section 400 of the General Education
228 
Provisions Act (20 U.S.C. 1221)) subject to section 439 
of such Act (20 U.S.C. 1232b). The Secretary shall, not-
withstanding section 437 of such Act (20 U.S.C. 1232) 
and section 553 of title 5, United States Code, establish 
such program rules as may be necessary to implement 
such grant program by notice in the Federal Register. 
(f) REPORTING.— 
(1) REPORTS
BY
INSTITUTIONS.—Not later 
than September 30, 2011, each institution of higher 
education receiving a subgrant under this section 
shall submit to the State higher education agency 
awarding such subgrant a report describing the 
projects for which such subgrant was received, in-
cluding— 
(A) a description of each project carried 
out, or planned to be carried out, with such 
subgrant, including the types of modernization, 
renovation, and repair to be completed by each 
such project; 
(B) the total amount of funds received by 
the institution under this section and the 
amount of such funds expended, as of the date 
of the report, on the such projects; 
(C) the actual or planned cost of each such 
project and any demonstrable or expected aca-
229 
demic, energy, or environmental benefits result-
ing from such project; and 
(D) the total number of contracts, and 
amount of funding for such contracts, awarded 
by the institution to carry out such projects, as 
of the date of such report, including the num-
ber of contracts, and amount of funding for 
such contracts, awarded to local, small, minor-
ity-owned, women-owned, and veteran-owned 
businesses, as such terms are defined by the 
Small Business Act. 
(2) REPORTS BY STATES.—Not later than De-
cember 31, 2011, each State higher education agen-
cy receiving a grant under this section shall submit 
to the Secretary a report containing a compilation of 
all of the reports under paragraph (1) submitted to 
the agency by institutions of higher education. 
(3) REPORTS BY THE SECRETARY.—Not later 
than March 31, 2012, the Secretary shall submit to 
the Committee on Education and Labor in the 
House of Representatives and the Committee on 
Health, Education, Labor, and Pensions in the Sen-
ate and Committees on Appropriations of the House 
of Representatives and the Senate a report on
230 
grants and subgrants made under this section, in-
cluding the information described in paragraph (1). 
(g) DEFINITIONS.—In this section: 
(1) CHPS CRITERIA.—The term ‘‘CHPS Cri-
teria’’ means the green building rating program de-
veloped by the Collaborative for High Performance 
Schools. 
(2) ENERGY STAR.—The term ‘‘Energy Star’’ 
means the Energy Star program of the United 
States Department of Energy and the United States 
Environmental Protection Agency. 
(3) 
GREEN
GLOBES.—The 
term 
‘‘Green 
Globes’’ means the Green Building Initiative envi-
ronmental design and rating system referred to as 
Green Globes. 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 101 of the High-
er Education Act of 1965. 
(5) LEED GREEN
BUILDING
RATING
SYS-
TEM.—The term ‘‘LEED Green Building Rating 
System’’ means the United States Green Building 
Council Leadership in Energy and Environmental 
Design green building rating standard referred to as 
the LEED Green Building Rating System.
231 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(7) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003). 
(8) STATE HIGHER EDUCATION AGENCY.—The 
term ‘‘State higher education agency’’ has the mean-
ing given such term in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003). 
SEC. 9303. MANDATORY PELL GRANTS. 
Section 401(b)(9)(A) of the Higher Education Act of 
1965 (20 U.S.C. 1070a(b)(9)(A)) is amended— 
(1) in clause (ii), by striking ‘‘$2,090,000,000’’ 
and inserting ‘‘$2,733,000,000’’; and 
(2) in clause (iii), by striking ‘‘$3,030,000,000’’ 
and inserting ‘‘$3,861,000,000’’. 
SEC. 9304. INCREASE STUDENT LOAN LIMITS. 
(a) AMENDMENTS.—Section 428H(d) of the Higher 
Education Act of 1965 (20 U.S.C. 1078–8(d)) is amend-
ed— 
(1) in paragraph (3)— 
(A) in subparagraph (A), by striking 
‘‘$2,000’’ and inserting ‘‘$4,000’’; and 
(B) in subparagraph (B), by striking 
‘‘$31,000’’ and inserting ‘‘$39,000’’; and
232 
(2) in paragraph (4)— 
(A) in subparagraph (A)— 
(i) in clause (i)(I) and clause (iii)(I), 
by striking ‘‘$6,000’’ each place it appears 
and inserting ‘‘$8,000’’; and 
(ii) in clause (ii)(I) and clause 
(iii)(II), by striking ‘‘$7,000’’ each place it 
appears and inserting ‘‘$9,000’’; and 
(B) in subparagraph (B), by striking 
‘‘$57,500’’ and inserting ‘‘$65,500’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall be effective for loans first disbursed on 
or after January 1, 2009. 
SEC. 9305. STUDENT LENDER SPECIAL ALLOWANCE. 
(a) 
TEMPORARY
CALCULATION
RULE.—Section 
438(b)(2)(I) of the Higher Education Act of 1965 (20 
U.S.C. 1087–1(b)(2)(I)) is amended by adding at the end 
the following new clause: 
‘‘(vii) 
TEMPORARY
CALCULATION 
RULE
DURING
UNSTABLE
COMMERCIAL 
PAPER MARKETS.— 
‘‘(I) CALCULATION
BASED
ON 
LIBOR.—For the calendar quarter be-
ginning on October 1, 2008, and end-
ing on December 31, 2008, in com-
233 
puting the special allowance paid pur-
suant to this subsection with respect 
to loans for which the first disburse-
ment is made on or after January 1, 
2000, clause (i)(I) of this subpara-
graph shall be applied by substituting 
‘the rate that is the average rate of 
the 3-month London Inter Bank Of-
fered Rate (LIBOR) for United 
States dollars in effect for each of the 
days in such quarter as compiled and 
released by the British Bankers Asso-
ciation, minus 0.13 percent,’ for ‘the 
average of the bond equivalent rates 
of the quotes of the 3-month commer-
cial paper (financial) rates in effect 
for each of the days in such quarter 
as reported by the Federal Reserve in 
Publication H–15 (or its successor) 
for such 3-month period’. 
‘‘(II) 
PARTICIPATION
INTER-
ESTS.—Notwithstanding subclause (I) 
of this clause, the special allowance 
paid on any loan held by a lender that 
has sold participation interests in
234 
such loan to the Secretary shall be the 
rate computed under this subpara-
graph without regard to subclause (I) 
of this clause, unless the lender agrees 
that the participant’s yield with re-
spect to such participation interest is 
to be calculated in accordance with 
subclause (I) of this clause.’’. 
(b) 
CONFORMING
AMENDMENTS.—Section 
438(b)(2)(I) of the Higher Education Act of 1965 (20 
U.S.C. 1087–1(b)(2)(I)) is further amended— 
(1) in clause (i)(II), by striking ‘‘such average 
bond equivalent rate’’ and inserting ‘‘the rate deter-
mined under subclause (I)’’; and 
(2) in clause (v)(III), by striking ‘‘(iv), and 
(vi)’’ and inserting ‘‘(iv), (vi), and (vii)’’. 
Subtitle D—Related Agencies 
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
OPERATING EXPENSES 
For an additional amount for ‘‘Operating Expenses’’ 
to carry out the Domestic Volunteer Service Act of 1973 
and the National and Community Service Act of 1990 
(‘‘1990 Act’’), $160,000,000, which shall be used to ex-
pand existing AmeriCorps grants: Provided, That funds 
made available under this heading may be used to provide
235 
adjustments to awards made prior to September 30, 2010 
in order to waive the match requirement authorized in sec-
tion 121(e)(4) of part I of subtitle C of the 1990 Act, 
if the Chief Executive Officer of the Corporation for Na-
tional and Community Service (‘‘CEO’’) determines that 
the grantee has reduced capacity to meet this requirement: 
Provided further, That in addition to requirements identi-
fied herein, funds provided under this heading shall be 
subject to the terms and conditions under which funds are 
appropriated in fiscal year 2009: Provided further, That 
the CEO shall provide the Committees on Appropriations 
of the House of Representatives and the Senate a fiscal 
year 2009 operating plan for the funds appropriated under 
this heading prior to making any Federal obligations of 
such funds in fiscal year 2009, but not later than 90 days 
after the date of enactment of this Act, and a fiscal year 
2010 operating plan for such funds prior to making any 
Federal obligations of such funds in fiscal year 2010, but 
not later than November 1, 2009, that detail the allocation 
of resources and the increased number of volunteers sup-
ported by the AmeriCorps programs: Provided further, 
That the CEO shall provide to the Committees on Appro-
priations of the House of Representatives and the Senate 
a report on the actual obligations, expenditures, and unob-
ligated balances for each activity funded under this head-
236 
ing not later than November 1, 2009, and every 6 months 
thereafter as long as funding provided under this heading 
is available for obligation or expenditure. 
NATIONAL SERVICE TRUST 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘National Service 
Trust’’ established under subtitle D of title I of the Na-
tional and Community Service Act of 1990 (‘‘1990 Act’’), 
$40,000,000, which shall remain available until expended: 
Provided, That the Corporation for National and Commu-
nity Service may transfer additional funds from the 
amount provided within ‘‘Operating Expenses’’ for grants 
made under subtitle C of the 1990 Act to this appropria-
tion upon determination that such transfer is necessary 
to support the activities of national service participants 
and after notice is transmitted to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate: Provided further, That the amount appropriated for 
or transferred to the National Service Trust may be in-
vested under section 145(b) of the 1990 Act without re-
gard to the requirement to apportion funds under 31 
U.S.C. 1513(b).
237 
SOCIAL SECURITY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Limitation on Admin-
istrative Expenses’’, $900,000,000, which shall be used as 
follows: 
(1) $400,000,000 for the construction and asso-
ciated costs to establish a new National Computer 
Center, which may include lease or purchase of real 
property: Provided, That the construction plan and 
site selection for such center shall be subject to re-
view and approval by the Office of Management and 
Budget: Provided further, That the Committees on 
Appropriations of the House of Representatives and 
the Senate shall be notified 15 days in advance of 
the lease or purchase of such site: Provided further, 
That such center shall continue to be a government- 
operated facility. 
(2) $500,000,000 for processing disability and 
retirement 
workloads: 
Provided, 
That 
up 
to 
$40,000,000 may be used by the Commissioner of 
Social Security for health information technology re-
search and activities to facilitate the adoption of 
electronic medical records in disability claims, in-
cluding the transfer of funds to ‘‘Supplemental Se-
238 
curity Income Program’’ to carry out activities 
under section 1110 of the Social Security Act. 
TITLE X—MILITARY CONSTRUC-
TION 
AND 
VETERANS 
AF-
FAIRS 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, 
Army’’, $920,000,000: Provided, That notwithstanding 
any other provision of law, such funds may be obligated 
and expended to carry out planning and design and mili-
tary construction projects in the United States not other-
wise authorized by law: Provided further, That of the 
amount provided under this heading, $600,000,000 shall 
be for training and recruit troop housing, $220,000,000 
shall be for permanent party troop housing, and 
$100,000,000 shall be for child development centers: Pro-
vided further, That not later than 30 days after the date 
of enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Appropriations of the House 
of Representatives and the Senate an expenditure plan for 
funds provided under this heading. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Military Construction, 
Navy and Marine Corps’’, $350,000,000: Provided, That