VI 
Calendar No. 19 
AMENDMENT NO. 98 
Purpose: In the nature of a substitute. 
IN THE SENATE OF THE UNITED STATES—111th Cong., 1st Sess. 
H.R. 1 
Making supplemental appropriations for job preservation and 
creation, infrastructure investment, energy efficiency and 
science, assistance to the unemployed, and State and 
local fiscal stabilization, for the fiscal year ending Sep-
tember 30, 2009, and for other purposes. 
January 30, 2009 
Ordered to lie on the table and to be printed 
Intended to be proposed by Mr. INOUYE (for himself and 
Mr. BAUCUS) 
Viz: 
Strike out all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Recovery 
and Reinvestment Act of 2009’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
DIVISION A—APPROPRIATIONS PROVISIONS 
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
ADMINISTRATION, AND RELATED AGENCIES 
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGEN-
CIES 
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AMDT. NO. 98 
TITLE III—DEPARTMENT OF DEFENSE 
TITLE IV—ENERGY AND WATER DEVELOPMENT 
TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT 
TITLE VI—DEPARTMENT OF HOMELAND SECURITY 
TITLE VII—INTERIOR, ENVIRONMENT, AND RELATED AGENCIES 
TITLE VIII—DEPARTMENTS OF LABOR, HEALTH AND HUMAN 
SERVICES, AND EDUCATION, AND RELATED AGEN-
CIES 
TITLE IX—LEGISLATIVE BRANCH 
TITLE X—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND 
RELATED AGENCIES 
TITLE XI—STATE, FOREIGN OPERATIONS, AND RELATED PRO-
GRAMS 
TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOP-
MENT, AND RELATED AGENCIES 
TITLE XIII—HEALTH INFORMATION TECHNOLOGY 
TITLE XIV—STATE FISCAL STABILIZATION 
TITLE XV—RECOVERY ACCOUNTABILITY AND TRANSPARENCY 
BOARD AND RECOVERY INDEPENDENT ADVISORY 
PANEL 
TITLE XVI—GENERAL PROVISIONS—THIS ACT 
DIVISION B—TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL 
RELIEF, AND OTHER PROVISIONS 
TITLE I—TAX PROVISIONS 
TITLE II—ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUG-
GLING FAMILIES 
TITLE III—HEALTH INSURANCE ASSISTANCE 
TITLE IV—HEALTH INFORMATION TECHNOLOGY 
TITLE V—STATE FISCAL RELIEF 
SEC. 3. REFERENCES. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that divi-
sion. 
DIVISION A—APPROPRIATIONS 
PROVISIONS 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2009, and for other pur-
poses, namely: 
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AMDT. NO. 98 
TITLE 
I—AGRICULTURE, 
RURAL 
DEVELOP-
MENT, FOOD AND DRUG ADMINISTRATION, 
AND RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
OFFICE OF THE SECRETARY 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for the ‘‘Office of the Sec-
retary’’, $300,000,000, to remain available until Sep-
tember 30, 2010: Provided, That the Secretary may trans-
fer these funds to agencies of the Department, other than 
the Forest Service, for necessary replacement, moderniza-
tion, or upgrades of laboratories or other facilities to im-
prove workplace safety and mission-area efficiencies as 
deemed appropriate by the Secretary: Provided further, 
that the Secretary shall provide to the Committees on Ap-
propriations of the House and Senate a plan on the alloca-
tion of these funds no later than 60 days after the date 
of enactment of this Act. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’, $5,000,000, to remain available until Sep-
tember 30, 2010, for oversight and audit of programs, 
grants, and activities funded under this title. 
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AMDT. NO. 98 
COOPERATIVE STATE RESEARCH, EDUCATION AND 
ECONOMIC SERVICE 
RESEARCH AND EDUCATION ACTIVITIES 
For an additional amount for competitive grants au-
thorized at 7 U.S.C. 450(i)(b), $100,000,000, to remain 
available until September 30, 2010. 
FARM SERVICE AGENCY 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Farm Service Agency, 
Salaries and Expenses’’, $171,000,000, to remain avail-
able until September 30, 2010. 
AGRICULTURAL CREDIT INSURANCE FUND PROGARM 
ACCOUNT 
For an additional amount for gross obligations for 
the principal amount of direct and guaranteed farm own-
ership (7 U.S.C 1922 et seq.) and operating (7 U.S.C. 
1941 et seq.) loans, to be available from funds in the Agri-
cultural Credit Insurance Fund Program Account, as fol-
lows: farm ownership loans, $400,000,000 of which 
$100,000,000 shall be for unsubsidized guaranteed loans 
and $300,000,000 shall be for direct loans; and operating 
loans, $250,000,000 of which $50,000,000 shall be for un-
subsidized guaranteed loans and $200,000,000 shall be for 
direct loans. 
For an additional amount for the cost of direct and 
guaranteed loans, including the cost of modifying loans, 
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AMDT. NO. 98 
RURAL DEVELOPMENT SALARIES AND EXPENSES 
For an additional amount for ‘‘Rural Development, 
Salaries and Expenses’’, $110,000,000, to remain avail-
able until September 30, 2010. 
RURAL HOUSING SERVICE 
RURAL HOUSING INSURANCE PROGRAM ACCOUNT 
For an additional amount for gross obligations for 
the principal amount of direct and guaranteed loans as 
authorized by title V of the Housing Act of 1949, to be 
available from funds in the Rural Housing Insurance 
Fund Program Account, as follows: $1,000,000,000 for 
section 502 direct loans; and $10,472,000,000 for section 
502 unsubsidized guaranteed loans. 
For an additional amount for the cost of direct and 
guaranteed loans, including the cost of modifying loans, 
as defined in section 502 of the Congressional Budget Act 
of 1974, to remain available until September 30, 2010, 
as follows: $67,000,000 for section 502 direct loans; and 
$133,000,000 for section 502 unsubsidized guaranteed 
loans. 
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT 
For an additional amount for the cost of direct loans, 
loan guarantees, and grants for rural community facilities 
programs as authorized by section 306 and described in 
section 381E(d)(1) of the Consolidated Farm and Rural 
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AMDT. NO. 98 
Development Act, $127,000,000, to remain available until 
September 30, 2010. 
RURAL BUSINESS—COOPERATIVE SERVICE 
RURAL BUSINESS PROGRAM ACCOUNT 
For an additional amount for the cost of guaranteed 
loans and grants as authorized by sections 310B(a)(2)(A) 
and 310B(c) of the Consolidated Farm and Rural Devel-
opment Act (7 U.S.C. 1932), $150,000,000, to remain 
available until September 30, 2010. 
BIOREFINERY ASSISTANCE 
For the cost of loan guarantees and grants, as au-
thorized by section 9003 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8103), $200,000,000, 
to remain available until September 30, 2010. 
RURAL ENERGY FOR AMERICA PROGRAM 
For an additional amount for the cost of loan guaran-
tees and grants, as authorized by section 9007 of the 
Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8107), $50,000,000, to remain available until Sep-
tember 30, 2010: Provided, That these funds may be used 
by tribes, local units of government, and schools in rural 
areas, as defined in section 343(a) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1991(a)). 
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AMDT. NO. 98 
RURAL UTILITIES SERVICE 
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT 
For an additional amount for the cost of direct loans, 
loan guarantees, and grants for the rural water, waste 
water, waste disposal, and solid waste management pro-
grams authorized by sections 306, 306A, 306C, 306D, 
and 310B and described in sections 306C(a)(2), 306D, 
and 381E(d)(2) of the Consolidated Farm and Rural De-
velopment Act, $1,375,000,000, to remain available until 
September 30, 2010. 
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND 
PROGRAM ACCOUNT 
For an additional amount for direct loans and grants 
for distance learning and telemedicine services in rural 
areas, as authorized by 7 U.S.C. 950aaa, et seq., 
$200,000,000, to remain available until September 30, 
2010. 
FOOD AND NUTRITION SERVICE 
CHILD NUTRITION PROGRAMS 
For additional amount for the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751 et. seq.), ex-
cept section 21, and the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et. seq.), except sections 17 and 21, 
$198,000,000, to remain available until September 30, 
2010, to carry out a grant program for National School 
Lunch Program equipment assistance: Provided, That 
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AMDT. NO. 98 
such funds shall be provided to States administering a 
school lunch program through a formula based on the 
ratio that the total number of lunches served in the Pro-
gram during the second preceding fiscal year bears to the 
total number of such lunches served in all States in such 
second preceding fiscal year: Provided further, That of 
such funds, the Secretary may approve the reserve by 
States of up to $20,000,000 for necessary enhancements 
to the State Distributing Agency’s commodity ordering 
and management system to achieve compatibility with the 
Department’s web-based supply chain management sys-
tem: Provided further, That of the funds remaining, the 
State shall provide competitive grants to school food au-
thorities based upon the need for equipment assistance in 
participating schools with priority given to schools in 
which not less than 50 percent of the students are eligible 
for free or reduced price meals under the Richard B. Rus-
sell National School Lunch Act and priority given to 
schools purchasing equipment for the purpose of offering 
more healthful foods and meals, in accordance with stand-
ards established by the Secretary. 
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 
WOMEN, INFANTS, AND CHILDREN (WIC) 
For an additional amount for the special supple-
mental nutrition program as authorized by section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786), to re-
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AMDT. NO. 98 
main available until September 30, 2010, $500,000,000, 
of which $380,000,000 shall be placed in reserve to be 
allocated as the Secretary deems necessary, notwith-
standing section 17(i) of such Act, to support participa-
tion should cost or participation exceed budget estimates, 
and of which $120,000,000 shall be for the purposes speci-
fied in section 17(h)(10)(B)(ii): Provided, That up to one 
percent of the funding provided for the purposes specified 
in section 17(h)(10)(B)(ii) may be reserved by the Sec-
retary for Federal administrative activities in support of 
those purposes. 
COMMODITY ASSISTANCE PROGRAM 
For an additional amount for the ‘‘Commodity As-
sistance Program’’, to remain available until September 
30, 2010, $150,000,000, which the Secretary shall use to 
purchase a variety of commodities as authorized by the 
Commodity Credit Corporation or under section 32 of the 
Act entitled ‘‘An Act to amend the Agricultural Adjust-
ment Act, and for other purposes’’, approved August 24, 
1935 (7 U.S.C. 612c): Provided, That the Secretary shall 
distribute the commodities to States for distribution in ac-
cordance with section 214 of the Emergency Food Assist-
ance Act of 1983 (Public Law 98–8; 7 U.S.C. 612c note): 
Provided further, That of the funds made available, the 
Secretary may use up to $50,000,000 for costs associated 
with the distribution of commodities. 
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AMDT. NO. 98 
GENERAL PROVISIONS—THIS TITLE 
SEC. 101. Funds appropriated by this Act and made 
available to the United States Department of Agriculture 
for broadband direct loans and loan guarantees, as author-
ized under title VI of the Rural Electrification Act of 1936 
(7 U.S.C. 950bb) and for grants, shall be available for 
broadband infrastructure in any area of the United States 
notwithstanding title VI of the Rural Electrification Act 
of 1936: Provided, That at least 75 percent of the area 
served by the projects receiving funds from such grants, 
loans, or loan guarantees is in a rural area without suffi-
cient access to high speed broadband service to facilitate 
rural economic development, as determined by the Sec-
retary: Provided further, That priority for awarding funds 
made available under this paragraph shall be given to 
projects that provide service to the highest proportion of 
rural residents that do not have sufficient access to 
broadband service: Provided further, That priority for 
awarding such funds shall be given to project applications 
that demonstrate that, if the application is approved, all 
project elements will be fully funded: Provided further, 
That priority for awarding such funds shall be given to 
activities that can commence promptly following approval: 
Provided further, That the Department shall submit a re-
port on planned spending and actual obligations describ-
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AMDT. NO. 98 
ing the use of these funds not later than 90 days after 
the date of enactment of this Act, and quarterly thereafter 
until all funds are obligated, to the Committees on Appro-
priations of the House of Representatives and the Senate. 
SEC. 102. NUTRITION FOR ECONOMIC RECOVERY. 
(a) MAXIMUM BENEFIT INCREASES.— 
(1) ECONOMIC RECOVERY 1-MONTH BEGINNING 
STIMULUS PAYMENT.—For the first month that be-
gins not less than 25 days after the date of enact-
ment of this Act, the Secretary of Agriculture (re-
ferred to in this section as the ‘‘Secretary’’) shall in-
crease the cost of the thrifty food plan for purposes 
of section 8(a) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2017(a)) by 85 percent. 
(2) REMAINDER OF FISCAL YEAR 2009.—Begin-
ning with the second month that begins not less 
than 25 days after the date of enactment of this 
Act, and for each subsequent month through the 
month ending September 30, 2009, the Secretary 
shall increase the cost of the thrifty food plan for 
purposes of section 8(a) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2017(a)) by 12 percent. 
(3) SUBSEQUENT INCREASE FOR FISCAL YEAR 
2010.—Beginning on October 1, 2009, and for each 
subsequent month through the month ending Sep-
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AMDT. NO. 98 
tember 30, 2010, the Secretary shall increase the 
cost of the thrifty food plan for purposes of section 
8(a) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2017(a)) by an amount equal to 12 percent, 
less the percentage by which the Secretary deter-
mines the thrifty food plan would otherwise be ad-
justed on October 1, 2009, as required under section 
3(u) of that Act (7 U.S.C. 2012(u)), if the percent-
age is less than 12 percent. 
(4) SUBSEQUENT INCREASE FOR FISCAL YEAR 
2011.—Beginning on October 1, 2010, and for each 
subsequent month through the month ending Sep-
tember 30, 2011, the Secretary shall increase the 
cost of the thrifty food plan for purposes of section 
8(a) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2017(a)) by an amount equal to 12 percent, 
less the sum of the percentages by which the Sec-
retary determines the thrifty food plan would other-
wise be adjusted on October 1, 2009 and October 1, 
2010, as required under section 3(u) of that Act (7 
U.S.C. 2012(u)), if the sum of such percentages is 
less than 12 percent. 
(5) TERMINATION OF EFFECTIVENESS.—Effec-
tive beginning October 1, 2011, the authority pro-
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AMDT. NO. 98 
vided by this subsection terminates and has no ef-
fect. 
(b) ADMINISTRATION.—In carrying out this section, 
the Secretary shall— 
(1) consider the benefit increases described in 
subsection (a) to be a mass change; 
(2) require a simple process for States to notify 
households of the changes in benefits; 
(3) consider section 16(c)(3)(A) of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) 
to apply to any errors in the implementation of this 
section, without regard to the 120-day limit de-
scribed in section 16(c)(3)(A) of that Act; 
(4) disregard the additional amount of benefits 
that a household receives as a result of this section 
in determining the amount of overissuances under 
section 13 of the Food and Nutrition Act of 2008 
(7 U.S.C. 2022) and the hours of participation in a 
program under section 6(d), 20, or 26 of that Act 
(7 U.S.C. 2015(d), 2029, 2035); and 
(5) set the tolerance level for excluding small 
errors for the purposes of section 16(c) of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at 
$50 for the period that the benefit increase under 
subsection (a) is in effect. 
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AMDT. NO. 98 
(c) ADMINISTRATIVE EXPENSES.— 
(1) IN GENERAL.—For the costs of State ad-
ministrative expenses associated with carrying out 
this section and administering the supplemental nu-
trition assistance program established under the 
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
seq.) (referred to in this section as the ‘‘supple-
mental nutrition assistance program’’) during a pe-
riod of rising program caseloads, and for the ex-
penses of the Secretary under paragraph (6), the 
Secretary shall make available $150,000,000 for 
each of fiscal years 2009 and 2010, to remain avail-
able through September 30, 2010. 
(2) TIMING FOR FISCAL YEAR 2009.—Not later 
than 60 days after the date of enactment of this 
Act, the Secretary shall make available to States 
amounts for fiscal year 2009 under paragraph (1). 
(3) ALLOCATION OF FUNDS.—Except as pro-
vided in paragraph (6), funds described in para-
graph (1) shall be made available to States that 
meet the requirements of paragraph (5) as grants to 
State agencies for each fiscal year as follows: 
(A) 75 percent of the amounts available 
for each fiscal year shall be allocated to States 
based on the share of each State of households 
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AMDT. NO. 98 
that participate in the supplemental nutrition 
assistance program as reported to the Depart-
ment of Agriculture for the most recent 12- 
month period for which data are available, ad-
justed by the Secretary (in the discretion of the 
Secretary) for participation in disaster pro-
grams under section 5(h) of the Food and Nu-
trition Act of 2008 (7 U.S.C. 2014(h)); and 
(B) 25 percent of the amounts available 
for each fiscal year shall be allocated to States 
based on the increase in the number of house-
holds that participate in the supplemental nu-
trition assistance program as reported to the 
Department of Agriculture over the most recent 
12-month period for which data are available, 
adjusted by the Secretary (in the discretion of 
the Secretary) for participation in disaster pro-
grams under section 5(h) of the Food and Nu-
trition Act of 2008 (7 U.S.C. 2014(h)). 
(4) REDISTRIBUTION.—The Secretary shall de-
termine an appropriate procedure for redistribution 
of amounts allocated to States that would otherwise 
be provided allocations under paragraph (3) for a 
fiscal year but that do not meet the requirements of 
paragraph (5). 
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(5) MAINTENANCE OF EFFORT.— 
(A) DEFINITION OF SPECIFIED STATE AD-
MINISTRATIVE COSTS.—In this paragraph: 
(i) IN GENERAL.—The term ‘‘specified 
State administrative costs’’ includes all 
State administrative costs under the sup-
plemental nutrition assistance program. 
(ii) EXCLUSIONS.—The term ‘‘speci-
fied State administrative costs’’ does not 
include— 
(I) the costs of employment and 
training programs under section 6(d), 
20, or 26 of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2015(d), 2029, 
2035); 
(II) the costs of nutrition edu-
cation under section 11(f) of that Act 
(7 U.S.C. 2020(f)); and 
(III) any other costs the Sec-
retary determines should be excluded. 
(B) REQUIREMENT.—The Secretary shall 
make funds under this subsection available only 
to States that, as determined by the Secretary, 
maintain State expenditures on specified State 
administrative costs. 
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AMDT. NO. 98 
(6) MONITORING
AND
EVALUATION.—Of the 
amounts made available under paragraph (1), the 
Secretary may retain up to $5,000,000 for the costs 
incurred by the Secretary in monitoring the integrity 
and evaluating the effects of the payments made 
under this section. 
(d) FOOD DISTRIBUTION PROGRAM ON INDIAN RES-
ERVATIONS.—For the costs of administrative expenses as-
sociated with the food distribution program on Indian res-
ervations established under section 4(b) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2013(b)), the Secretary 
shall make available $5,000,000, to remain available until 
September 30, 2010. 
(e) CONSOLIDATED BLOCK GRANTS FOR PUERTO 
RICO AND AMERICAN SAMOA.— 
(1) FISCAL YEAR 2009.— 
(A) IN GENERAL.—For fiscal year 2009, 
the Secretary shall increase by 12 percent the 
amount available for nutrition assistance for eli-
gible households under the consolidated block 
grants for the Commonwealth of Puerto Rico 
and American Samoa under section 19 of the 
Food and Nutrition Act of 2008 (7 U.S.C. 
2028). 
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AMDT. NO. 98 
(B) AVAILABILITY
OF
FUNDS.—Funds 
made available under subparagraph (A) shall 
remain available through September 30, 2010. 
(2) FISCAL YEAR 2010.—For fiscal year 2010, 
the Secretary shall increase the amount available for 
nutrition assistance for eligible households under the 
consolidated block grants for the Commonwealth of 
Puerto Rico and American Samoa under section 19 
of the Food and Nutrition Act of 2008 (7 U.S.C. 
2028) by 12 percent, less the percentage by which 
the Secretary determines the consolidated block 
grants would otherwise be adjusted on October 1, 
2009, as required by section 19(a)(2)(A)(ii) of that 
Act (7 U.S.C. 2028(a)(2)(A)(ii)), if the percentage 
is less than 12 percent. 
(3) FISCAL YEAR 2011.—For fiscal year 2011, 
the Secretary shall increase the amount available for 
nutrition assistance for eligible households under the 
consolidated block grants for the Commonwealth of 
Puerto Rico and American Samoa under section 19 
of the Food and Nutrition Act of 2008 (7 U.S.C. 
2028) by 12 percent, less the sum of the percentages 
by which the Secretary determines the consolidated 
block grants would otherwise be adjusted on October 
1, 2009, and October 1, 2010, as required by section 
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AMDT. NO. 98 
19(a)(2)(A)(ii) 
of 
that 
Act 
(7 
U.S.C. 
2028(a)(2)(A)(ii)), if the sum of the percentages is 
less than 12 percent. 
(f) TREATMENT OF JOBLESS WORKERS.— 
(1) 
REMAINDER
OF
FISCAL
YEAR
2009 
THROUGH FISCAL YEAR 2011.—Beginning with the 
first month that begins not less than 25 days after 
the date of enactment of this Act and for each sub-
sequent month through September 30, 2011, eligi-
bility for supplemental nutrition assistance program 
benefits shall not be limited under section 6(o)(2) of 
the Food and Nutrition Act of 2008 unless an indi-
vidual does not comply with the requirements of a 
program offered by the State agency that meets the 
standards of subparagraphs (B) or (C) of that para-
graph. 
(2) FISCAL YEAR 2012 AND THEREAFTER.—Be-
ginning on October 1, 2011, for the purposes of sec-
tion 6(o) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2015(o)), a State agency shall disregard any 
period during which an individual received benefits 
under the supplemental nutrition assistance program 
prior to October 1, 2011. 
(g) FUNDING.—There are appropriated to the Sec-
retary out of funds of the Treasury not otherwise appro-
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AMDT. NO. 98 
priated such sums as are necessary to carry out this sec-
tion. 
SEC. 103. AGRICULTURAL DISASTER ASSISTANCE 
TRANSITION. (a) FEDERAL CROP INSURANCE ACT.—Sec-
tion 531(g) of the Federal Crop Insurance Act (7 U.S.C. 
1531(g)) is amended by adding at the end the following: 
‘‘(7) 2008 TRANSITION ASSISTANCE.— 
‘‘(A) IN GENERAL.—Eligible producers on 
a farm described in subparagraph (A) of para-
graph (4) that failed to timely pay the appro-
priate fee described in that subparagraph shall 
be eligible for assistance under this section in 
accordance with subparagraph (B) if the eligi-
ble producers on the farm— 
‘‘(i) pay the appropriate fee described 
in paragraph (4)(A) not later than 90 days 
after the date of enactment of this para-
graph; and 
‘‘(ii)(I) in the case of each insurable 
commodity of the eligible producers on the 
farm, excluding grazing land, agree to ob-
tain a policy or plan of insurance under 
subtitle A (excluding a crop insurance pilot 
program under that subtitle) for the next 
insurance year for which crop insurance is 
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AMDT. NO. 98 
available to the eligible producers on the 
farm at a level of coverage equal to 70 per-
cent or more of the recorded or appraised 
average yield indemnified at 100 percent of 
the expected market price, or an equivalent 
coverage; and 
‘‘(II) in the case of each noninsurable 
commodity of the eligible producers on the 
farm, agree to file the required paperwork, 
and pay the administrative fee by the ap-
plicable State filing deadline, for the non-
insured crop assistance program for the 
2009 crop year. 
‘‘(B) AMOUNT
OF
ASSISTANCE.—Eligible 
producers on a farm that meet the require-
ments of subparagraph (A) shall be eligible to 
receive assistance under this section as if the el-
igible producers on the farm— 
‘‘(i) in the case of each insurable com-
modity of the eligible producers on the 
farm, had obtained a policy or plan of in-
surance for the 2008 crop year at a level 
of coverage not to exceed 70 percent or 
more of the recorded or appraised average 
yield indemnified at 100 percent of the ex-
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AMDT. NO. 98 
pected market price, or an equivalent cov-
erage; and 
‘‘(ii) in the case of each noninsurable 
commodity of the eligible producers on the 
farm, had filed the required paperwork, 
and paid the administrative fee by the ap-
plicable State filing deadline, for the non-
insured crop assistance program for the 
2008 crop year, except that in determining 
yield under that program, the Secretary 
shall use a percentage that is 70 percent. 
‘‘(C) EQUITABLE RELIEF.—Except as pro-
vided in subparagraph (D), eligible producers 
on a farm that met the requirements of para-
graph (1) before the deadline described in para-
graph (4)(A) and received, or are eligible to re-
ceive, a disaster assistance payment under this 
section for a production loss during the 2008 
crop year shall be eligible to receive an addi-
tional amount equal to the greater of— 
‘‘(i) the amount that would have been 
calculated under subparagraph (B) if the 
eligible producers on the farm had paid the 
appropriate fee under that subparagraph; 
or 
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AMDT. NO. 98 
‘‘(ii) the amount that would have been 
calculated under subparagraph (A) of sub-
section (b)(3) if— 
‘‘(I) in clause (i) of that subpara-
graph, ‘120 percent’ is substituted for 
‘115 percent’; and 
‘‘(II) in clause (ii) of that sub-
paragraph, ‘125’ is substituted for 
‘120 percent’. 
‘‘(D) LIMITATION.—For amounts made 
available under this paragraph, the Secretary 
may make such adjustments as are necessary to 
ensure that no producer receives a payment 
under this paragraph for an amount in excess 
of the assistance received by a similarly situated 
producer that had purchased the same or high-
er level of crop insurance prior to the date of 
enactment of this paragraph. 
‘‘(E) AUTHORITY OF THE SECRETARY.— 
The Secretary may provide such additional as-
sistance as the Secretary considers appropriate 
to provide equitable treatment for eligible pro-
ducers on a farm that suffered production 
losses in the 2008 crop year that result in 
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AMDT. NO. 98 
multiyear production losses, as determined by 
the Secretary. 
‘‘(F) LACK OF ACCESS.—Notwithstanding 
any other provision of this section, the Sec-
retary may provide assistance under this section 
to eligible producers on a farm that— 
‘‘(i) suffered a production loss due to 
a natural cause during the 2008 crop year; 
and 
‘‘(ii) as determined by the Secretary— 
‘‘(I)(aa) except as provided in 
item (bb), lack access to a policy or 
plan of insurance under subtitle A; or 
‘‘(bb) do not qualify for a written 
agreement because 1 or more farming 
practices, which the Secretary has de-
termined are good farming practices, 
of the eligible producers on the farm 
differ significantly from the farming 
practices used by producers of the 
same crop in other regions of the 
United States; and 
‘‘(II) are not eligible for the non-
insured crop disaster assistance pro-
gram established by section 196 of the 
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AMDT. NO. 98 
Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 
7333).’’. 
(b) TRADE ACT OF 1974.—Section 901(g) of the 
Trade Act of 1974 (19 U.S.C. 2497(g)) is amended by 
adding at the end the following: 
‘‘(7) 2008 TRANSITION ASSISTANCE.— 
‘‘(A) IN GENERAL.—Eligible producers on 
a farm described in subparagraph (A) of para-
graph (4) that failed to timely pay the appro-
priate fee described in that subparagraph shall 
be eligible for assistance under this section in 
accordance with subparagraph (B) if the eligi-
ble producers on the farm— 
‘‘(i) pay the appropriate fee described 
in paragraph (4)(A) not later than 90 days 
after the date of enactment of this para-
graph; and 
‘‘(ii)(I) in the case of each insurable 
commodity of the eligible producers on the 
farm, excluding grazing land, agree to ob-
tain a policy or plan of insurance under 
the Federal Crop Insurance Act (7 U.S.C. 
1501 et seq.) (excluding a crop insurance 
pilot program under that Act) for the next 
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AMDT. NO. 98 
insurance year for which crop insurance is 
available to the eligible producers on the 
farm at a level of coverage equal to 70 per-
cent or more of the recorded or appraised 
average yield indemnified at 100 percent of 
the expected market price, or an equivalent 
coverage; and 
‘‘(II) in the case of each noninsurable 
commodity of the eligible producers on the 
farm, agree to file the required paperwork, 
and pay the administrative fee by the ap-
plicable State filing deadline, for the non-
insured crop assistance program for the 
2009 crop year. 
‘‘(B) AMOUNT
OF
ASSISTANCE.—Eligible 
producers on a farm that meet the require-
ments of subparagraph (A) shall be eligible to 
receive assistance under this section as if the el-
igible producers on the farm— 
‘‘(i) in the case of each insurable com-
modity of the eligible producers on the 
farm, had obtained a policy or plan of in-
surance for the 2008 crop year at a level 
of coverage not to exceed 70 percent or 
more of the recorded or appraised average 
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AMDT. NO. 98 
yield indemnified at 100 percent of the ex-
pected market price, or an equivalent cov-
erage; and 
‘‘(ii) in the case of each noninsurable 
commodity of the eligible producers on the 
farm, had filed the required paperwork, 
and paid the administrative fee by the ap-
plicable State filing deadline, for the non-
insured crop assistance program for the 
2008 crop year, except that in determining 
yield under that program, the Secretary 
shall use a percentage that is 70 percent. 
‘‘(C) EQUITABLE RELIEF.—Except as pro-
vided in subparagraph (D), eligible producers 
on a farm that met the requirements of para-
graph (1) before the deadline described in para-
graph (4)(A) and received, or are eligible to re-
ceive, a disaster assistance payment under this 
section for a production loss during the 2008 
crop year shall be eligible to receive an addi-
tional amount equal to the greater of— 
‘‘(i) the amount that would have been 
calculated under subparagraph (B) if the 
eligible producers on the farm had paid the 
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AMDT. NO. 98 
appropriate fee under that subparagraph; 
or 
‘‘(ii) the amount that would have been 
calculated under subparagraph (A) of sub-
section (b)(3) if— 
‘‘(I) in clause (i) of that subpara-
graph, ‘120 percent’ is substituted for 
‘115 percent’; and 
‘‘(II) in clause (ii) of that sub-
paragraph, ‘125’ is substituted for 
‘120 percent’. 
‘‘(D) LIMITATION.—For amounts made 
available under this paragraph, the Secretary 
may make such adjustments as are necessary to 
ensure that no producer receives a payment 
under this paragraph for an amount in excess 
of the assistance received by a similarly situated 
producer that had purchased the same or high-
er level of crop insurance prior to the date of 
enactment of this paragraph. 
‘‘(E) AUTHORITY OF THE SECRETARY.— 
The Secretary may provide such additional as-
sistance as the Secretary considers appropriate 
to provide equitable treatment for eligible pro-
ducers on a farm that suffered production 
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AMDT. NO. 98 
losses in the 2008 crop year that result in 
multiyear production losses, as determined by 
the Secretary. 
‘‘(F) LACK OF ACCESS.—Notwithstanding 
any other provision of this section, the Sec-
retary may provide assistance under this section 
to eligible producers on a farm that— 
‘‘(i) suffered a production loss due to 
a natural cause during the 2008 crop year; 
and 
‘‘(ii) as determined by the Secretary— 
‘‘(I)(aa) except as provided in 
item (bb), lack access to a policy or 
plan of insurance under subtitle A; or 
‘‘(bb) do not qualify for a written 
agreement because 1 or more farming 
practices, which the Secretary has de-
termined are good farming practices, 
of the eligible producers on the farm 
differ significantly from the farming 
practices used by producers of the 
same crop in other regions of the 
United States; and 
‘‘(II) are not eligible for the non-
insured crop disaster assistance pro-
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AMDT. NO. 98 
gram established by section 196 of the 
Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 
7333).’’. 
(c) EMERGENCY LOANS.— 
(1) IN GENERAL.—For the principal amount of 
direct emergency loans under section 321 of the 
Consolidated Farm and Rural Development Act (7 
U.S.C. 1961), $200,000,000. 
(2) DIRECT EMERGENCY LOANS.—For the cost 
of direct emergency loans, including the cost of 
modifying loans, as defined in section 502 of the 
Congressional Budget Act of 1974 (2 U.S.C. 661a), 
$28,440,000, to remain available until September 
30, 2010. 
(d) 2008 AQUACULTURE ASSISTANCE.— 
(1) DEFINITIONS.—In this subsection: 
(A) 
ELIGIBLE
AQUACULTURE
PRO-
DUCER.—The term ‘‘eligible aquaculture pro-
ducer’’ means an aquaculture producer that 
during the 2008 calendar year, as determined 
by the Secretary— 
(i) produced an aquaculture species 
for which feed costs represented a substan-
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AMDT. NO. 98 
tial percentage of the input costs of the 
aquaculture operation; and 
(ii) experienced a substantial price in-
crease of feed costs above the previous 5- 
year average. 
(B) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Agriculture. 
(2) GRANT PROGRAM.— 
(A) IN
GENERAL.—Of the funds of the 
Commodity Credit Corporation, the Secretary 
shall use not more than $100,000,000, to re-
main available until September 30, 2010, to 
carry out a program of grants to States to as-
sist eligible aquaculture producers for losses as-
sociated with high feed input costs during the 
2008 calendar year. 
(B) NOTIFICATION.—Not later than 60 
days after the date of enactment of this Act, 
the Secretary shall notify the State department 
of agriculture (or similar entity) in each State 
of the availability of funds to assist eligible 
aquaculture producers, including such terms as 
determined by the Secretary to be necessary for 
the equitable treatment of eligible aquaculture 
producers. 
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AMDT. NO. 98 
(C) PROVISION OF GRANTS.— 
(i) IN GENERAL.—The Secretary shall 
make grants to States under this sub-
section on a pro rata basis based on the 
amount of aquaculture feed used in each 
State during the 2007 calendar year, as 
determined by the Secretary. 
(ii) TIMING.—Not later than 120 days 
after the date of enactment of this Act, the 
Secretary shall make grants to States to 
provide assistance under this subsection. 
(D) REQUIREMENTS.—The Secretary shall 
make grants under this subsection only to 
States that demonstrate to the satisfaction of 
the Secretary that the State will— 
(i) use grant funds to assist eligible 
aquaculture producers; 
(ii) provide assistance to eligible aqua-
culture producers not later than 60 days 
after the date on which the State receives 
grant funds; and 
(iii) not later than 30 days after the 
date on which the State provides assistance 
to eligible aquaculture producers, submit to 
the Secretary a report that describes— 
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AMDT. NO. 98 
(I) the manner in which the 
State provided assistance; 
(II) the amounts of assistance 
provided per species of aquaculture; 
and 
(III) the process by which the 
State determined the levels of assist-
ance to eligible aquaculture producers. 
(3) REDUCTION
IN
PAYMENTS.—An eligible 
aquaculture producer that receives assistance under 
this subsection shall not be eligible to receive any 
other assistance under the supplemental agricultural 
disaster assistance program established under sec-
tion 531 of the Federal Crop Insurance Act (7 
U.S.C. 1531) and section 901 of the Trade Act of 
1974 (19 U.S.C. 2497) for any losses in 2008 relat-
ing to the same species of aquaculture. 
(4) REPORT
TO
CONGRESS.—Not later than 
180 days after the date of enactment of this Act, the 
Secretary shall submit to the appropriate committees 
of Congress a report that— 
(A) describes in detail the manner in which 
this subsection has been carried out; and 
(B) includes the information reported to 
the Secretary under paragraph (2)(D)(iii). 
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AMDT. NO. 98 
SEC. 104. (a) Hereafter, in this section, the term 
‘‘nonambulatory disabled cattle’’ means cattle, other than 
cattle that are less than 5 months old or weigh less than 
500 pounds, subject to inspection under section 3(b) of 
the Federal Meat Inspection Act (21 U.S.C. 603(b)) that 
cannot rise from a recumbent position or walk, including 
cattle with a broken appendage, severed tendon or liga-
ment, nerve paralysis, fractured vertebral column, or a 
metabolic condition. 
(b) Hereafter, none of the funds made available 
under this or any other Act may be used to pay the sala-
ries or expenses of any personnel of the Food Safety and 
Inspection Service to pass through inspection any non-
ambulatory disabled cattle for use as human food, regard-
less of the reason for the nonambulatory status of the cat-
tle or the time at which the cattle became nonambulatory. 
SEC. 105. STATE AND LOCAL GOVERNMENTS. Sec-
tion 1001(f)(6)(A) of the Food Security Act of 1985 (7 
U.S.C. 1308(f)(6)(A)) is amended by inserting ‘‘(other 
than the conservation reserve program established under 
subchapter B of chapter 1 of subtitle D of title XII of 
this Act)’’ before the period at the end. 
SEC. 106. Except for title I of the Food, Conserva-
tion, and Energy Act of 2008 (Public Law 110–246), 
Commodity Credit Corporation funds provided in that Act 
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AMDT. NO. 98 
shall be available for administrative expenses, including 
technical assistance, without regard to the limitation in 
15 U.S.C. 714i. 
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND 
RELATED AGENCIES 
DEPARTMENT OF COMMERCE 
BUREAU OF INDUSTRY AND SECURITY 
OPERATIONS AND ADMINISTRATION 
For an additional amount for ‘‘Operations and Ad-
ministration’’, $20,000,000, to remain available until Sep-
tember 30, 2010. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For an additional amount for ‘‘Economic Develop-
ment Assistance Programs’’, $150,000,000, to remain 
available until September 30, 2010: Provided, That 
$50,000,000 shall be for economic adjustment assistance 
as authorized by section 209 of the Public Works and Eco-
nomic Development Act of 1965, as amended (42 U.S.C. 
3149): Provided further, That in allocating the funds pro-
vided in the previous proviso, the Secretary of Commerce 
shall give priority consideration to areas of the Nation 
that have experienced sudden and severe economic disloca-
tion and job loss due to corporate restructuring. 
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AMDT. NO. 98 
BUREAU OF THE CENSUS 
PERIODIC CENSUSES AND PROGRAMS 
For an additional amount for ‘‘Periodic Censuses and 
Programs’’, $1,000,000,000, to remain available until 
September 30, 2010. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM 
For an amount for ‘‘Broadband Technology Opportu-
nities Program’’, $9,000,000,000, to remain available 
until September 30, 2010: Provided, That of the funds 
provided under this heading, $8,650,000,000 shall be ex-
pended pursuant to section 201 of this Act, of which: not 
less than $200,000,000 shall be available for competitive 
grants for expanding public computer center capacity, in-
cluding at community colleges and public libraries; not less 
than $250,000,000 shall be available for competitive 
grants for innovative programs to encourage sustainable 
adoption of broadband service; and $10,000,000 shall be 
transferred to ‘‘Department of Commerce, Office of In-
spector General’’ for the purposes of audits and oversight 
of funds provided under this heading and such funds shall 
remain available until expended: Provided further, That 50 
percent of the funds provided in the previous proviso shall 
be used to support projects in rural communities, which 
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AMDT. NO. 98 
in part may be transferred to the Department of Agri-
culture for administration through the Rural Utilities 
Service if deemed necessary and appropriate by the Sec-
retary of Commerce, in consultation with the Secretary of 
Agriculture, and only if the Committees on Appropriations 
of the House and the Senate are notified not less than 
15 days in advance of the transfer of such funds: Provided 
further, That of the funds provided under this heading, 
up to $350,000,000 may be expended pursuant to Public 
Law 110–385 (47 U.S.C. 1301 note) and for the purposes 
of developing and maintaining a broadband inventory map 
pursuant to section 201 of this Act: Provided further, That 
of the funds provided under this heading, amounts deemed 
necessary and appropriate by the Secretary of Commerce, 
in consultation with the Federal Communications Com-
mission (FCC), may be transferred to the FCC for the 
purposes of developing a national broadband plan or for 
carrying out any other FCC responsibilities pursuant to 
section 201 of this Act, and only if the Committees on 
Appropriations of the House and the Senate are notified 
not less than 15 days in advance of the transfer of such 
funds: Provided further, That not more than 3 percent of 
funds provided under this heading may be used for admin-
istrative costs, and this limitation shall apply to funds 
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AMDT. NO. 98 
which may be transferred to the Department of Agri-
culture and the FCC. 
DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM 
For an amount for ‘‘Digital-to-Analog Converter Box 
Program’’, $650,000,000, for additional coupons and re-
lated activities under the program implemented under sec-
tion 3005 of the Digital Television Transition and Public 
Safety Act of 2005, to remain available until September 
30, 2010: Provided, That of the amounts provided under 
this heading, $90,000,000 may be for education and out-
reach, including grants to organizations for programs to 
educate vulnerable populations, including senior citizens, 
minority communities, people with disabilities, low-income 
individuals, and people living in rural areas, about the 
transition and to provide one-on-one assistance to vulner-
able populations, including help with converter box instal-
lation: Provided further, That the amounts provided in the 
previous proviso may be transferred to the Federal Com-
munications Commission (Commission) if deemed nec-
essary and appropriate by the Secretary of Commerce in 
consultation with the Commission, and only if the Com-
mittees on Appropriations of the House and the Senate 
are notified not less than 5 days in advance of transfer 
of such funds: Provided further, That $2,000,000 of funds 
provided under this heading shall be transferred to ‘‘De-
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AMDT. NO. 98 
partment of Commerce, Office of Inspector General’’ for 
audits and oversight of funds provided under this heading. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For an additional amount for ‘‘Scientific and Tech-
nical Research and Services’’, $218,000,000, to remain 
available until September 30, 2010. 
CONSTRUCTION OF RESEARCH FACILITIES 
For an additional amount for ‘‘Construction of Re-
search Facilities’’, $357,000,000, to remain available until 
September 30, 2010. 
NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
For an additional amount for ‘‘Operations, Research, 
and Facilities’’, $427,000,000, to remain available until 
September 30, 2010. 
PROCUREMENT, ACQUISITION AND CONSTRUCTION 
For an additional amount for ‘‘Procurement, Acquisi-
tion and Construction’’, $795,000,000, to remain available 
until September 30, 2010. 
DEPARTMENTAL MANAGEMENT 
For an additional amount for ‘‘Departmental Man-
agement’’, $34,000,000, to remain available until Sep-
tember 30, 2010. 
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AMDT. NO. 98 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’, $6,000,000, to remain available until September 
30, 2010. 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
TACTICAL LAW ENFORCEMENT WIRELESS 
COMMUNICATIONS 
For an additional amount for ‘‘Tactical Law Enforce-
ment Wireless Communications’’, $200,000,000 for the 
costs of developing and implementing a nationwide Inte-
grated Wireless network supporting Federal law enforce-
ment, to remain available until September 30, 2010. 
DETENTION TRUSTEE 
For an additional amount for ‘‘Detention Trustee’’, 
$150,000,000, to remain available until September 30, 
2010. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’, $2,000,000, to remain available until September 
30, 2010. 
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AMDT. NO. 98 
UNITED STATES MARSHALS SERVICE 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $50,000,000, to remain available until September 
30, 2010. 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, 
$125,000,000, to remain available until September 30, 
2010. 
FEDERAL BUREAU OF INVESTIGATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $75,000,000, to remain available until September 
30, 2010. 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, 
$400,000,000, to remain available until September 30, 
2010. 
FEDERAL PRISON SYSTEM 
BUILDINGS AND FACILITIES 
For an additional amount for ‘‘Federal Prison Sys-
tem, Buildings and Facilities’’, $1,000,000,000, to remain 
available until September 30, 2010. 
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STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 
OFFICE ON VIOLENCE AGAINST WOMEN 
VIOLENCE AGAINST WOMEN PREVENTION AND 
PROSECUTION PROGRAMS 
For an additional amount for ‘‘Violence Against 
Women 
Prevention 
and 
Prosecution 
Programs’’, 
$300,000,000 for grants to combat violence against 
women, as authorized by part T of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 
et seq.): Provided, That, $50,000,000 shall be transitional 
housing assistance grants for victims of domestic violence, 
stalking or sexual assault as authorized by section 40299 
of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103–322). 
OFFICE OF JUSTICE PROGRAMS 
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 
For an additional amount for ‘‘State and Local Law 
Enforcement Assistance’’, $1,500,000,000 for the Edward 
Byrne Memorial Justice Assistance Grant program as au-
thorized by subpart 1 of part E of title I of the Omnibus 
Crime Control and Safe Street Act of 1968 (‘‘1968 Act’’), 
(except that section 1001(c), and the special rules for 
Puerto Rico under section 505(g), of the 1968 Act, shall 
not apply for purposes of this Act), to remain available 
until September 30, 2010. 
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For an additional amount for ‘‘State and Local Law 
Enforcement Assistance’’, $440,000,000 for competitive 
grants to improve the functioning of the criminal justice 
system, to assist victims of crime (other than compensa-
tion), and youth mentoring grants, to remain available 
until September 30, 2010. 
For an additional amount for ‘‘State and Local Law 
Enforcement Assistance’’, $100,000,000, to remain avail-
able until September 30, 2010, for competitive grants to 
provide assistance and equipment to local law enforcement 
along the Southern border and in High-Intensity Drug 
Trafficking Areas to combat criminal narcotics activity 
stemming 
from 
the 
Southern 
border, 
of 
which 
$10,000,000 shall be transferred to ‘‘Bureau of Alcohol, 
Tobacco, Firearms and Explosives, Salaries and Ex-
penses’’ for the ATF Project Gunrunner. 
For an additional amount for ‘‘State and Local Law 
Enforcement Assistance’’, $300,000,000, to remain avail-
able until September 30, 2010, for assistance to Indian 
tribes, notwithstanding Public Law 108–199, division B, 
title I, section 112(a)(1) (118 Stat. 62), of which— 
(1) $250,000,000 shall be available for grants 
under section 20109 of subtitle A of title II of the 
Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103–322); 
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(2) $25,000,000 shall be available for the Trib-
al Courts Initiative; and 
(3) $25,000,000 shall be available for tribal al-
cohol and substance abuse drug reduction assistance 
grants. 
For an additional amount for ‘‘State and Local Law 
Enforcement Assistance’’, $100,000,000, to remain avail-
able until September 30, 2010, to be distributed by the 
Office for Victims of Crime in accordance with section 
1402(d)(4) of the Victims of Crime Act of 1984 (Public 
Law 98–473). 
For an additional amount for ‘‘State and Local Law 
Enforcement Assistance’’, $150,000,000, to remain avail-
able until September 30, 2010, for assistance to law en-
forcement in rural areas, to prevent and combat crime, 
especially drug-related crime. 
For an additional amount for ‘‘State and Local Law 
Enforcement Assistance’’, $50,000,000, to remain avail-
able until September 30, 2010, for Internet Crimes 
Against Children (ICAC) initiatives. 
COMMUNITY ORIENTED POLICING SERVICES 
For an additional amount for ‘‘Community Oriented 
Policing Services’’, for grants under section 1701 of title 
I of the 1968 Omnibus Crime Control and Safe Streets 
Act (42 U.S.C. 3796dd) for hiring and rehiring of addi-
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tional career law enforcement officers under part Q of 
such title, and civilian public safety personnel, notwith-
standing subsection (i) of such section and notwith-
standing 42 U.S.C. 3796dd–3(c), $1,000,000,000, to re-
main available until September 30, 2010. 
SALARIES AND EXPENSES 
For an additional amount, not elsewhere specified in 
this title, for management and administration and over-
sight of programs within the Office on Violence Against 
Women, the Office of Justice Programs, and the Commu-
nity Oriented Policing Services Office, $10,000,000, to re-
main available until September 30, 2010. 
SCIENCE 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
SCIENCE 
For 
an 
additional 
amount 
for 
‘‘Science’’, 
$500,000,000, to remain available until September 30, 
2010. 
AERONAUTICS 
For an additional amount for ‘‘Aeronautics’’, 
$250,000,000, to remain available until September 30, 
2010. 
EXPLORATION 
For an additional amount for ‘‘Exploration’’, 
$500,000,000, to remain available until September 30, 
2010. 
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AMDT. NO. 98 
CROSS AGENCY SUPPORT 
For an additional amount for ‘‘Cross Agency Sup-
port’’, $250,000,000, to remain available until September 
30, 2010. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’, $2,000,000, to remain available until September 
30, 2010. 
NATIONAL SCIENCE FOUNDATION 
RESEARCH AND RELATED ACTIVITIES 
For an additional amount for ‘‘Research and Related 
Activities’’, $1,200,000,000, to remain available until Sep-
tember 30, 2010. 
MAJOR RESEARCH EQUIPMENT AND FACILITIES 
CONSTRUCTION 
For an additional amount for ‘‘Major Research 
Equipment and Facilities Construction’’, $150,000,000, 
to remain available until September 30, 2010. 
EDUCATION AND HUMAN RESOURCES 
For an additional amount for ‘‘Education and 
Human Resources’’, $50,000,000, to remain available 
until September 30, 2010. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector 
General’’, $2,000,000, to remain available until September 
30, 2010. 
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GENERAL PROVISIONS—THIS TITLE 
SEC. 201. The Assistant Secretary of Commerce for 
Communications and Information (Assistant Secretary), 
in consultation with the Federal Communications Com-
mission (Commission) (and, with respect to rural areas, 
the Secretary of Agriculture), shall establish a national 
broadband service development and expansion program in 
conjunction with the technology opportunities program, 
which shall be referred to the Broadband Technology Op-
portunities Program. The Assistant Secretary shall ensure 
that the program complements and enhances and does not 
conflict with other Federal broadband initiatives and pro-
grams. 
(1) The purposes of the program are to— 
(A) provide access to broadband service to 
citizens residing in unserved areas of the 
United States; 
(B) provide improved access to broadband 
service to citizens residing in underserved areas 
of the United States; 
(C) provide broadband education, aware-
ness, training, access, equipment, and support 
to— 
(i) schools, libraries, medical and 
healthcare providers, community colleges 
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and other institutions of higher education, 
and other community support organiza-
tions and entities to facilitate greater use 
of broadband service by or through these 
organizations; 
(ii) organizations and agencies that 
provide outreach, access, equipment, and 
support services to facilitate greater use of 
broadband service by low-income, unem-
ployed, aged, and otherwise vulnerable pop-
ulations; and 
(iii) job-creating strategic facilities lo-
cated within a State-designated economic 
zone, Economic Development District des-
ignated by the Department of Commerce, 
Renewal Community or Empowerment 
Zone designated by the Department of 
Housing and Urban Development, or En-
terprise Community designated by the De-
partment of Agriculture. 
(D) improve access to, and use of, 
broadband service by public safety agencies; 
and 
(E) stimulate the demand for broadband, 
economic growth, and job creation. 
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(2) The Assistant Secretary may consult with 
the chief executive officer of any State with respect 
to— 
(A) the identification of areas described in 
subsection (1)(A) or (B) located in that State; 
and 
(B) the allocation of grant funds within 
that State for projects in or affecting the State. 
(3) The Assistant Secretary shall— 
(A) establish and implement the grant pro-
gram as expeditiously as practicable; 
(B) ensure that all awards are made before 
the end of fiscal year 2010; 
(C) seek such assurances as may be nec-
essary or appropriate from grantees under the 
program that they will substantially complete 
projects supported by the program in accord-
ance with project timelines, not to exceed 2 
years following an award; and 
(D) report on the status of the program to 
the Committees on Appropriations of the House 
and the Senate, the Committee on Energy and 
Commerce of the House, and the Committee on 
Commerce, Science, and Transportation of the 
Senate, every 90 days. 
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(4) To be eligible for a grant under the pro-
gram an applicant shall— 
(A) be a State or political subdivision 
thereof, a nonprofit foundation, corporation, in-
stitution or association, Indian tribe, Native 
Hawaiian organization, or other non-govern-
mental entity in partnership with a State or po-
litical subdivision thereof, Indian tribe, or Na-
tive Hawaiian organization if the Assistant Sec-
retary determines the partnership consistent 
with the purposes this section; 
(B) submit an application, at such time, in 
such form, and containing such information as 
the Assistant Secretary may require; 
(C) provide a detailed explanation of how 
any amount received under the program will be 
used to carry out the purposes of this section 
in an efficient and expeditious manner, includ-
ing a demonstration that the project would not 
have been implemented during the grant period 
without Federal grant assistance; 
(D) demonstrate, to the satisfaction of the 
Assistant Secretary, that it is capable of car-
rying out the project or function to which the 
application relates in a competent manner in 
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compliance with all applicable Federal, State, 
and local laws; 
(E) demonstrate, to the satisfaction of the 
Assistant Secretary, that it will appropriate (if 
the applicant is a State or local government 
agency) or otherwise unconditionally obligate, 
from non-Federal sources, funds required to 
meet the requirements of paragraph (5); 
(F) disclose to the Assistant Secretary the 
source and amount of other Federal or State 
funding sources from which the applicant re-
ceives, or has applied for, funding for activities 
or projects to which the application relates; and 
(G) provide such assurances and proce-
dures as the Assistant Secretary may require to 
ensure that grant funds are used and accounted 
for in an appropriate manner. 
(5) The Federal share of any project may not 
exceed 80 percent, except that the Assistant Sec-
retary may increase the Federal share of a project 
above 80 percent if— 
(A) the applicant petitions the Assistant 
Secretary for a waiver; and 
(B) the Assistant Secretary determines 
that the petition demonstrates financial need. 
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(6) The Assistant Secretary may make competi-
tive grants under the program to— 
(A) acquire equipment, instrumentation, 
networking capability, hardware and software, 
digital network technology, and infrastructure 
for broadband services; 
(B) construct and deploy broadband serv-
ice related infrastructure; 
(C) ensure access to broadband service by 
community anchor institutions; 
(D) facilitate access to broadband service 
by low-income, unemployed, aged, and otherwise 
vulnerable populations in order to provide edu-
cational and employment opportunities to mem-
bers of such populations; 
(E) construct and deploy broadband facili-
ties that improve public safety broadband com-
munications services; and 
(F) undertake such other projects and ac-
tivities as the Assistant Secretary finds to be 
consistent with the purposes for which the pro-
gram is established. 
(7) The Assistant Secretary— 
(A) shall require any entity receiving a 
grant pursuant to this section to report quar-
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AMDT. NO. 98 
terly, in a format specified by the Assistant 
Secretary, on such entity’s use of the assistance 
and progress fulfilling the objectives for which 
such funds were granted, and the Assistant 
Secretary shall make these reports available to 
the public; 
(B) may establish additional reporting and 
information requirements for any recipient of 
any assistance made available pursuant to this 
section; 
(C) shall establish appropriate mechanisms 
to ensure appropriate use and compliance with 
all terms of any use of funds made available 
pursuant to this section; 
(D) may, in addition to other authority 
under applicable law, deobligate awards to 
grantees that demonstrate an insufficient level 
of performance, or wasteful or fraudulent 
spending, as defined in advance by the Assist-
ant Secretary, and award these funds competi-
tively to new or existing applicants consistent 
with this section; and 
(E) shall create and maintain a fully 
searchable database, accessible on the Internet 
at no cost to the public, that contains at least 
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the name of each entity receiving funds made 
available pursuant to this section, the purpose 
for which such entity is receiving such funds, 
each quarterly report submitted by the entity 
pursuant to this section, and such other infor-
mation sufficient to allow the public to under-
stand and monitor grants awarded under the 
program. 
(8) Concurrent with the issuance of the Request 
for Proposal for grant applications pursuant to this 
section, the Assistant Secretary shall, in coordina-
tion with the Federal Communications Commission, 
publish the non-discrimination and network inter-
connection obligations that shall be contractual con-
ditions of grants awarded under this section. 
(9) Within 1 year after the date of enactment 
of this Act, the Commission shall complete a rule-
making to develop a national broadband plan. In de-
veloping the plan, the Commission shall— 
(A) consider the most effective and effi-
cient national strategy for ensuring that all 
Americans have access to, and take advantage 
of, advanced broadband services; 
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AMDT. NO. 98 
(B) have access to data provided to other 
Government agencies under the Broadband 
Data Improvement Act (47 U.S.C. 1301 note); 
(C) evaluate the status of deployments of 
broadband service, including the progress of 
projects supported by the grants made pursuant 
to this section; and 
(D) develop recommendations for achieving 
the goal of nationally available broadband serv-
ice for the United States and for promoting 
broadband adoption nationwide. 
(10) The Assistant Secretary shall develop and 
maintain a comprehensive nationwide inventory map 
of existing broadband service capability and avail-
ability in the United States that entities and depicts 
the geographic extent to which broadband service ca-
pability is deployed and available from a commercial 
provider or public provider throughout each State: 
Provided, That not later than 2 years after the date 
of the enactment of the Act, the Assistant Secretary 
shall make the broadband inventory map developed 
and maintained pursuant to this section accessible to 
the public. 
SEC. 202. The Assistant Secretary of Commerce for 
Communications and Information may reissue any coupon 
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issued under section 3005(a) of the Digital Television 
Transition and Public Safety Act of 2005 that has expired 
before use, and shall cancel any unredeemed coupon re-
ported as lost and may issue a replacement coupon for 
the lost coupon. 
TITLE III—DEPARTMENT OF DEFENSE 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $1,169,291,000, to remain available for 
obligation until September 30, 2010. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $571,843,000, to remain available for ob-
ligation until September 30, 2010. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $112,167,000, to remain avail-
able for obligation until September 30, 2010. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $927,113,000, to remain available 
for obligation until September 30, 2010. 
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OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $79,543,000, to remain available 
for obligation until September 30, 2010. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $44,586,000, to remain available 
for obligation until September 30, 2010. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $32,304,000, to remain 
available for obligation until September 30, 2010. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $10,674,000, to remain 
available for obligation until September 30, 2010. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $215,557,000, to remain 
available for obligation until September 30, 2010. 
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $20,922,000, to remain 
available for obligation until September 30, 2010. 
PROCUREMENT 
DEFENSE PRODUCTION ACT PURCHASES 
For an additional amount for ‘‘Defense Production 
Act Purchases’’, $100,000,000, to remain available for ob-
ligation until September 30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 
Test 
and 
Evaluation, 
Defense-Wide’’, 
$200,000,000, to remain available for obligation until Sep-
tember 30, 2010. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $250,000,000 for operation and maintenance, to 
remain available for obligation until September 30, 2010. 
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OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for ‘‘Office of the Inspector 
General’’, $12,000,000 for operation and maintenance, to 
remain available for obligation until September 30, 2010. 
TITLE IV—ENERGY AND WATER 
DEVELOPMENT 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
INVESTIGATIONS 
For an additional amount for ‘‘Investigations’’ for ex-
penses necessary where authorized by law for the collec-
tion and study of basic information pertaining to river and 
harbor, flood and storm damage reduction, shore protec-
tion, aquatic ecosystem restoration, and related needs; for 
surveys and detailed studies, and plans and specifications 
of proposed river and harbor, flood and storm damage re-
duction, shore protection, and aquatic ecosystem restora-
tion projects and related efforts prior to construction; for 
restudy of authorized projects; and for miscellaneous in-
vestigations and, when authorized by law, surveys and de-
tailed studies, and plans and specifications of projects 
prior to construction, $25,000,000: Provided, That funds 
provided under this heading in this title shall only be used 
for programs, projects or activities that heretofore or here-
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after receive funds provided in Acts making appropriations 
available for Energy and Water Development: Provided 
further, That funds provided under this heading in this 
title shall be used for programs, projects or activities or 
elements of programs, projects or activities that can be 
completed within the funds made available in that account 
and that will not require new budget authority to com-
plete: Provided further, That for projects that are being 
completed with funds appropriated in this Act that would 
otherwise be expired for obligation, expired funds appro-
priated in this Act may be used to pay the cost of associ-
ated supervision, inspection, over engineering and design 
on those projects and on subsequent claims, if any: Pro-
vided further, That the Secretary shall have unlimited re-
programming authority for these funds provided under 
this heading. 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’ for ex-
penses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, 
aquatic ecosystem restoration, and related projects au-
thorized by law, $2,000,000,000, of which such sums as 
are necessary to cover the Federal share of construction 
costs for facilities under the Dredged Material Disposal 
Facilities program shall be derived from the Harbor Main-
tenance Trust Fund as authorized by Public Law 104– 
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AMDT. NO. 98 
303: Provided, That not less than $200,000,000 of the 
funds provided shall be for water-related environmental in-
frastructure assistance: Provided further, That section 102 
of Public Law 109–103 (33 U.S.C. 2221) shall not apply 
to funds provided in this title: Provided further, That not-
withstanding any other provision of law, no funds shall 
be drawn from the Inland Waterways Trust Fund, as au-
thorized in Public Law 99–662: Provided further, That 
funds provided under this heading in this title shall only 
be used for programs, projects or activities that heretofore 
or hereafter receive funds provided in Acts making appro-
priations available for Energy and Water Development: 
Provided further, That funds provided under this heading 
in this title shall be used for programs, projects or activi-
ties or elements of programs, projects or activities that 
can be completed within the funds made available in that 
account and that will not require new budget authority 
to complete: Provided further, That the limitation con-
cerning total project costs in section 902 of the Water Re-
sources Development Act of 1986, as amended (33 U.S.C. 
2280), shall not apply during fiscal year 2009 to any 
project that received funds provided in this title: Provided 
further, That funds appropriated under this heading may 
be used by the Secretary of the Army, acting through the 
Chief of Engineers, to undertake work authorized to be 
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carried out in accordance with section 14 of the Flood 
Control Act of 1946 (33 U.S.C. 701r); section 205 of the 
Flood Control Act of 1948 (33 U.S.C. 701s); section 206 
of the Water Resources Development Act of 1996 (33 
U.S.C. 2330); or section 1135 of the Water Resources De-
velopment Act of 1986 (33 U.S.C. 2309a), notwith-
standing the program cost limitations set forth in those 
sections: Provided further, That for projects that are being 
completed with funds appropriated in this Act that would 
otherwise be expired for obligation, expired funds appro-
priated in this Act may be used to pay the cost of associ-
ated supervision, inspection, over engineering and design 
on those projects and on subsequent claims, if any: Pro-
vided further, That the Secretary shall have unlimited re-
programming authority for these funds provided under 
this heading. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For an additional amount for ‘‘Mississippi River and 
Tributaries’’ for expenses necessary for flood damage re-
duction projects and related efforts as authorized by law, 
$500,000,000, of which such sums as are necessary to 
cover the Federal share of operation and maintenance 
costs for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99– 
662: Provided, That funds provided under this heading in 
this title shall only be used for programs, projects or ac-
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tivities that heretofore or hereafter receive funds provided 
in Acts making appropriations available for Energy and 
Water Development: Provided further, That funds pro-
vided under this heading in this title shall be used for pro-
grams, projects or activities or elements of programs, 
projects or activities that can be completed within the 
funds made available in that account and that will not re-
quire new budget authority to complete: Provided further, 
That the limitation concerning total project costs in sec-
tion 902 of the Water Resources Development Act of 
1986, as amended (33 U.S.C. 2280), shall not apply dur-
ing fiscal year 2009 to any project that received funds pro-
vided in this title: Provided further, That for projects that 
are being completed with funds appropriated in this Act 
that would otherwise be expired for obligation, expired 
funds appropriated in this Act may be used to pay the 
cost of associated supervision, inspection, over engineering 
and design on those projects and on subsequent claims, 
if any: Provided further, That the Secretary shall have un-
limited reprogramming authority for these funds provided 
under this heading. 
OPERATION AND MAINTENANCE 
For an additional amount for ‘‘Operation and Main-
tenance’’ for expenses necessary for the operation, mainte-
nance, and care of existing river and harbor, flood and 
storm damage reduction, aquatic ecosystem restoration, 
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AMDT. NO. 98 
and related projects authorized by law, and for surveys 
and charting of northern and northwestern lakes and con-
necting waters, clearing and straightening channels, and 
removal of obstructions to navigation, $1,900,000,000, of 
which such sums as are necessary to cover the Federal 
share of operation and maintenance costs for coastal har-
bors and channels, and inland harbors shall be derived 
from the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99–662; and of which such sums as become 
available under section 217 of the Water Resources Devel-
opment Act of 1996, Public Law 104–303, shall be used 
to cover the cost of operation and maintenance of the 
dredged material disposal facilities for which fees have 
been collected: Provided, That funds provided under this 
heading in this title shall only be used for programs, 
projects or activities that heretofore or hereafter receive 
funds provided in Acts making appropriations available for 
Energy and Water Development: Provided further, That 
funds provided under this heading in this title shall be 
used for programs, projects or activities or elements of 
programs, projects or activities that can be completed 
within the funds made available in that account and that 
will not require new budget authority to complete: Pro-
vided further, That $90,000,000 of the funds provided 
under this heading shall be used for activities described 
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in section 9004 of Public Law 110–114: Provided further, 
That section 9006 of Public Law 110–114 shall not apply 
to funds provided in this title: Provided further, That for 
projects that are being completed with funds appropriated 
in this Act that would otherwise be expired for obligation, 
expired funds appropriated in this Act may be used to pay 
the cost of associated supervision, inspection, over engi-
neering and design on those projects and on subsequent 
claims, if any: Provided further, That the Secretary shall 
have unlimited reprogramming authority for these funds 
provided under this heading. 
REGULATORY PROGRAM 
For an additional amount for ‘‘Regulatory Program’’ 
for expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$25,000,000 is provided. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For an additional amount for ‘‘Formerly Utilized 
Sites Remedial Action Program’’ for expenses necessary 
to clean up contamination from sites in the United States 
resulting from work performed as part of the Nation’s 
early atomic energy program, $100,000,000: Provided fur-
ther, That funds provided under this heading in this title 
shall be used for programs, projects or activities or ele-
ments of programs, projects or activities that can be com-
pleted within the funds made available in that account and 
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AMDT. NO. 98 
that will not require new budget authority to complete: 
Provided further, That for projects that are being com-
pleted with funds appropriated in this Act that would oth-
erwise be expired for obligation, expired funds appro-
priated in this Act may be used to pay the cost of associ-
ated supervision, inspection, over engineering and design 
on those projects and on subsequent claims, if any: Pro-
vided further, That the Secretary shall have unlimited re-
programming authority for these funds provided under 
this heading. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For an additional amount for ‘‘Flood Control and 
Coastal Emergencies’’ for expenses necessary for pre- 
placement of materials and equipment, advance measures 
and other activities authorized by law, $50,000,000 is pro-
vided. 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
WATER AND RELATED RESOURCES 
For an additional amount for management, develop-
ment, and restoration of water and related natural re-
sources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other 
facilities, participation in fulfilling related Federal respon-
sibilities to Native Americans, and related grants to, and 
cooperative and other agreements with, State and local 
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AMDT. NO. 98 
governments, federally recognized Indian tribes, and oth-
ers, $1,400,000,000; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam 
Fund: Provided, That of the total appropriated, the 
amount for program activities that can be financed by the 
Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l–6a(i) shall be 
derived from that Fund or account: Provided further, That 
funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which contributed: Provided 
further, That funds advanced under 43 U.S.C. 397a shall 
be credited to this account and are available until ex-
pended for the same purposes as the sums appropriated 
under this heading: Provided further, That funds provided 
under this heading in this title shall only be used for pro-
grams, projects or activities that heretofore or hereafter 
receive funds provided in Acts making appropriations 
available for Energy and Water Development: Provided 
further, That funds provided in this Act shall be used for 
elements of projects, programs or activities that can be 
completed within these funding amounts and not create 
budgetary obligations in future fiscal years: Provided fur-
ther, That $50,000,000 of the funds provided under this 
heading may be transferred to the Department of the Inte-
rior for programs, projects and activities authorized by the 
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Central Utah Project Completion Act (titles II–V of Public 
Law 102–575): Provided further, That $50,000,000 of the 
funds provided under this heading may be used for pro-
grams, projects, and activities authorized by the California 
Bay-Delta Restoration Act (Public Law 108–361): Pro-
vided further, That not less than $60,000,000 of the funds 
provided under this heading shall be used for rural water 
projects and shall be expended primarily on water intake 
and treatment facilities of such projects: Provided further, 
That not less than $10,000,000 of the funds provided 
under this heading shall be used for a bureau-wide inspec-
tion of canals program in urbanized areas: Provided fur-
ther, That not less than $110,000,000 of the funds pro-
vided under this heading shall be used for water reclama-
tion and reuse projects (title 16 of Public Law 102–575): 
Provided further, That the costs of reimbursable activities, 
other than for maintenance and rehabilitation, carried out 
with funds provided in this Act shall be repaid pursuant 
to existing authorities and agreements: Provided further, 
That the costs of maintenance and rehabilitation activities 
carried out with funds provided in this Act shall be repaid 
pursuant to existing authority, except the length of repay-
ment period shall be determined on needs-based criteria 
to be established and adopted by the Commissioner, but 
in no case shall the repayment period exceed 25 years: 
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AMDT. NO. 98 
Provided further, That for projects that are being com-
pleted with funds appropriated in this Act that would oth-
erwise be expired for obligation, expired funds appro-
priated in this Act may be used to pay the cost of associ-
ated supervision, inspection, over engineering and design 
on those projects and on subsequent claims, if any: Pro-
vided further, That the Secretary shall have unlimited re-
programming authority for these funds provided under 
this heading. 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For an additional amount for ‘‘Energy Efficiency and 
Renewable Energy’’, $14,398,000,000, for necessary ex-
penses, to remain available until September 30, 2010: Pro-
vided, That $4,200,000,000 shall be available for Energy 
Efficiency and Conservation Block Grants for implementa-
tion of programs authorized under subtitle E of title V 
of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17151 et seq.), of which $2,100,000,000 is avail-
able through the formula in subtitle E: Provided further, 
That the remaining $2,100,000,000 shall be awarded on 
a competitive basis only to competitive grant applicants 
from States in which the Governor certifies to the Sec-
retary of Energy that the applicable State regulatory au-
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AMDT. NO. 98 
thority will implement the integrated resource planning 
and rate design modifications standards required to be 
considered under paragraphs (16) and (17) of section 
111(d) of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2621(d)(16) and (17)); and the Governor 
will take all actions within his or her authority to ensure 
that the State, or the applicable units of local government 
that have authority to adopt building codes, will imple-
ment— 
(A) building energy codes for residential build-
ings that the Secretary determines are likely to meet 
or exceed the 2009 International Energy Conserva-
tion Code; 
(B) building energy codes for commercial build-
ings that the Secretary determines are likely to meet 
or exceed the ANSI/ASHRAE/IESNA Standard 
90.1–2007; and 
(C) a plan for implementing and enforcing the 
building energy codes described in subparagraphs 
(A) and (B) that is likely to ensure that at least 90 
percent of the new and renovated residential and 
commercial building space will meet the standards 
within 8 years after the date of enactment of this 
Act: 
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Provided further, That $2,000,000,000 shall be available 
for grants for the manufacturing of advanced batteries 
and components and the Secretary shall provide facility 
funding awards under this section to manufacturers of ad-
vanced battery systems and vehicle batteries that are pro-
duced in the United States, including advanced lithium ion 
batteries, hybrid electrical systems, component manufac-
turers, and software designers: Provided further, That not-
withstanding section 3304 of title 5, United States Code, 
and without regard to the provisions of sections 3309 
through 3318 of such title 5, the Secretary of Energy, 
upon a determination that there is a severe shortage of 
candidates or a critical hiring need for particular posi-
tions, may from within the funds provided, recruit and di-
rectly appoint highly qualified individuals into the com-
petitive service: Provided further, That such authority 
shall not apply to positions in the Excepted Service or the 
Senior Executive Service: Provided further, That any ac-
tion authorized herein shall be consistent with the merit 
principles of section 2301 of such title 5, and the Depart-
ment shall comply with the public notice requirements of 
section 3327 of such title 5. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For an additional amount for ‘‘Electricity Delivery 
and Energy Reliability’’, $4,500,000,000, for necessary 
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AMDT. NO. 98 
expenses, to remain available until September 30, 2010: 
Provided, That $100,000,000 shall be available for worker 
training activities: Provided further, That notwithstanding 
section 3304 of title 5, United States Code, and without 
regard to the provisions of sections 3309 through 3318 
of such title 5, the Secretary of Energy, upon a determina-
tion that there is a severe shortage of candidates or a crit-
ical hiring need for particular positions, may from within 
the funds provided, recruit and directly appoint highly 
qualified individuals into the competitive service: Provided 
further, That such authority shall not apply to positions 
in the Excepted Service or the Senior Executive Service: 
Provided further, That any action authorized herein shall 
be consistent with the merit principles of section 2301 of 
such title 5, and the Department shall comply with the 
public notice requirements of section 3327 of such title 
5: Provided, That for the purpose of facilitating the devel-
opment of regional transmission plans, the Office of Elec-
tricity Delivery and Energy Reliability within the Depart-
ment of Energy is provided $80,000,000 within the avail-
able funds to conduct a resource assessment and an anal-
ysis of future demand and transmission requirements: 
Provided further, That the Office of Electricity Delivery 
and Energy Reliability will provide technical assistance to 
the North American Electric Reliability Corporation, the 
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AMDT. NO. 98 
regional reliability entities, the States, and other trans-
mission owners and operators for the formation of inter-
connection-based transmission plans for the Eastern and 
Western Interconnections and ERCOT: Provided further, 
That such assistance may include modeling, support to re-
gions and States for the development of coordinated State 
electricity policies, programs, laws, and regulations: Pro-
vided further, That $10,000,000 is provided to implement 
section 1305 of Public Law 110–140. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
For an additional amount for ‘‘Fossil Energy Re-
search and Development’’, $4,600,000,000, to remain 
available until September 30, 2010: Provided, That 
$2,000,000,000 is available for one or more near zero 
emissions powerplant(s): Provided further, $1,000,000,000 
is available for selections under the Department’s Clean 
Coal Power Initiative Round III Funding Opportunity An-
nouncement; notwithstanding the mandatory eligibility re-
quirements of the Funding Opportunity Announcement, 
the Department shall consider applications that utilize pe-
troleum coke for some or all of the project’s fuel input: 
Provided further, $1,520,000,000 is available for a com-
petitive solicitation pursuant to section 703 of Public Law 
110–140 for projects that demonstrate carbon capture 
from industrial sources: Provided further, That awards for 
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AMDT. NO. 98 
such projects may include plant efficiency improvements 
for integration with carbon capture technology. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For an additional amount for ‘‘Non-Defense Environ-
mental Cleanup’’, $483,000,000, to remain available until 
September 30, 2010. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For an additional amount for ‘‘Uranium Enrichment 
Decontamination 
and 
Decommissioning 
Fund’’, 
$390,000,000, to remain available until September 30, 
2010, of which $70,000,000 shall be available in accord-
ance with title X, subtitle A of the Energy Policy Act of 
1992. 
SCIENCE 
For 
an 
additional 
amount 
for 
‘‘Science’’, 
$430,000,000, to remain available until September 30, 
2010. 
TITLE 17—INNOVATIVE TECHNOLOGY LOAN 
GUARANTEE PROGRAM 
Subject to section 502 of the Congressional Budget 
Act of 1974, commitments to guarantee loans under sec-
tion 1702(b)(2) of the Energy Policy Act of 2005, shall 
not exceed a total principal amount of $50,000,000,000 
for eligible projects, to remain available until committed: 
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AMDT. NO. 98 
Provided, That these amounts are in addition to any au-
thority provided elsewhere in this Act and this and pre-
vious fiscal years: Provided further, That such sums as are 
derived from amounts received from borrowers pursuant 
to section 1702(b)(2) of the Energy Policy Act of 2005 
under this heading in this and prior Acts, shall be collected 
in accordance with section 502(7) of the Congressional 
Budget Act of 1974: Provided further, That the source of 
such payment received from borrowers is not a loan or 
other debt obligation that is guaranteed by the Federal 
Government: Provided further, That pursuant to section 
1702(b)(2) of the Energy Policy Act of 2005, no appro-
priations are available to pay the subsidy cost of such 
guarantees: Provided further, That none of the loan guar-
antee authority made available in this Act shall be avail-
able for commitments to guarantee loans under section 
1702(b)(2) of the Energy Policy Act of 2005 for any 
projects where funds, personnel, or property (tangible or 
intangible) of any Federal agency, instrumentality, per-
sonnel or affiliated entity are expected to be used (directly 
or indirectly) through acquisitions, contracts, demonstra-
tions, exchanges, grants, incentives, leases, procurements, 
sales, other transaction authority, or other arrangements, 
to support the project or to obtain goods or services from 
the project: Provided further, That none of the loan guar-
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AMDT. NO. 98 
antee authority made available in this Act shall be avail-
able under section 1702(b)(2) of the Energy Policy Act 
of 2005 for any project unless the Director of the Office 
of Management and Budget has certified in advance in 
writing that the loan guarantee and the project comply 
with the provisions under this title: Provided further, That 
for an additional amount for the cost of guaranteed loans 
authorized by section 1702(b)(1) and section 1705 of the 
Energy Policy Act of 2005, $9,500,000,000, available 
until expended, to pay the costs of guarantees made under 
this section: Provided further, That of the amount pro-
vided for Title XVII, $15,000,000 shall be used for admin-
istrative expenses in carrying out the guaranteed loan pro-
gram. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $5,000,000, to remain 
available until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
WEAPONS ACTIVITIES 
For an additional amount for weapons activities, 
$1,000,000,000, to remain available until September 30, 
2010. 
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AMDT. NO. 98 
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For an additional amount for ‘‘Defense Environ-
mental Cleanup’’, $5,527,000,000, to remain available 
until September 30, 2010. 
CONSTRUCTION, REHABILITATION, OPERATION, 
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 
U.S.C. 7152), and other related activities including con-
servation and renewable resources programs as author-
ized, $10,000,000, to remain available until expended: 
Provided, That the Administrator shall establish such per-
sonnel staffing levels as he deems necessary to economi-
cally and efficiently complete the activities pursued under 
the authority granted by section 402 of this Act: Provided 
further, That this appropriation is non-reimbursable. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 401. BONNEVILLE POWER ADMINISTRATION 
BORROWING AUTHORITY. For the purposes of providing 
funds to assist in financing the construction, acquisition, 
and replacement of the transmission system of the Bonne-
ville Power Administration and to implement the authority 
of the Administrator of the Bonneville Power Administra-
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AMDT. NO. 98 
tion under the Pacific Northwest Electric Power Planning 
and Conservation Act (16 U.S.C. 839 et seq.), an addi-
tional $3,250,000,000 in borrowing authority is made 
available under the Federal Columbia River Transmission 
System Act (16 U.S.C. 838 et seq.), to remain outstanding 
at any time. 
SEC. 402. WESTERN AREA POWER ADMINISTRATION 
BORROWING AUTHORITY. The Hoover Power Plant Act of 
1984 (Public Law 98–381) is amended by adding at the 
end the following: 
‘‘TITLE III—BORROWING 
AUTHORITY 
‘‘SEC. 301. WESTERN AREA POWER ADMINISTRATION BOR-
ROWING AUTHORITY. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Western 
Area Power Administration. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Treasury. 
‘‘(b) AUTHORITY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, subject to paragraphs (2) through 
(5)— 
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‘‘(A) the Western Area Power Administra-
tion may borrow funds from the Treasury; and 
‘‘(B) the Secretary shall, without further 
appropriation and without fiscal year limitation, 
loan to the Western Area Power Administra-
tion, on such terms as may be fixed by the Ad-
ministrator and the Secretary, such sums (not 
to exceed, in the aggregate (including deferred 
interest), $3,250,000,000 in outstanding repay-
able balances at any one time) as, in the judg-
ment of the Administrator, are from time to 
time required for the purpose of— 
‘‘(i) constructing, financing, facili-
tating, planning, operating, maintaining, 
or studying construction of new or up-
graded electric power transmission lines 
and related facilities with at least one ter-
minus within the area served by the West-
ern Area Power Administration; and 
‘‘(ii) delivering or facilitating the de-
livery of power generated by renewable en-
ergy resources constructed or reasonably 
expected to be constructed after the date 
of enactment of this section. 
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AMDT. NO. 98 
‘‘(2) INTEREST.—The rate of interest to be 
charged in connection with any loan made pursuant 
to this subsection shall be fixed by the Secretary, 
taking into consideration market yields on out-
standing marketable obligations of the United States 
of comparable maturities as of the date of the loan. 
‘‘(3) REFINANCING.—The Western Area Power 
Administration may refinance loans taken pursuant 
to this section within the Treasury. 
‘‘(4) PARTICIPATION.—The Administrator may 
permit other entities to participate in the financing, 
construction and ownership projects financed under 
this section. 
‘‘(5) CONGRESSIONAL
REVIEW
OF
DISBURSE-
MENT.—Effective upon the date of enactment of this 
section, the Administrator shall have the authority 
to have utilized $1,750,000,000 at any one time. If 
the Administrator seeks to borrow funds above 
$1,750,000,000, the funds will be disbursed unless 
there is enacted, within 90 calendar days of the first 
such request, a joint resolution that rescinds the re-
mainder of the balance of the borrowing authority 
provided in this section. 
‘‘(c) TRANSMISSION LINE AND RELATED FACILITY 
PROJECTS.— 
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‘‘(1) IN GENERAL.—For repayment purposes, 
each transmission line and related facility project in 
which the Western Area Power Administration par-
ticipates pursuant to this section shall be treated as 
separate and distinct from— 
‘‘(A) each other such project; and 
‘‘(B) all other Western Area Power Admin-
istration power and transmission facilities. 
‘‘(2) PROCEEDS.—The Western Area Power 
Administration shall apply the proceeds from the use 
of the transmission capacity from an individual 
project under this section to the repayment of the 
principal and interest of the loan from the Treasury 
attributable to that project, after reserving such 
funds as the Western Area Power Administration 
determines are necessary— 
‘‘(A) to pay for any ancillary services that 
are provided; and 
‘‘(B) to meet the costs of operating and 
maintaining the new project from which the 
revenues are derived. 
‘‘(3) SOURCE OF REVENUE.—Revenue from the 
use of projects under this section shall be the only 
source of revenue for— 
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AMDT. NO. 98 
‘‘(A) repayment of the associated loan for 
the project; and 
‘‘(B) payment of expenses for ancillary 
services and operation and maintenance. 
‘‘(4) LIMITATION ON AUTHORITY.—Nothing in 
this section confers on the Administrator any addi-
tional authority or obligation to provide ancillary 
services to users of transmission facilities developed 
under this section. 
‘‘(5) TREATMENT
OF
CERTAIN
REVENUES.— 
Revenue from ancillary services provided by existing 
Federal power systems to users of transmission 
projects funded pursuant to this section shall be 
treated as revenue to the existing power system that 
provided the ancillary services. 
‘‘(d) CERTIFICATION.— 
‘‘(1) IN GENERAL.—For each project in which 
the Western Area Power Administration participates 
pursuant to this section, the Administrator shall cer-
tify, prior to committing funds for any such project, 
that— 
‘‘(A) the project is in the public interest; 
‘‘(B) the project will not adversely impact 
system reliability or operations, or other statu-
tory obligations; and 
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AMDT. NO. 98 
‘‘(C) it is reasonable to expect that the 
proceeds from the project shall be adequate to 
make repayment of the loan. 
‘‘(2) FORGIVENESS OF BALANCES.— 
‘‘(A) IN GENERAL.—If, at the end of the 
useful life of a project, there is a remaining bal-
ance owed to the Treasury under this section, 
the balance shall be forgiven. 
‘‘(B) UNCONSTRUCTED PROJECTS.—Funds 
expended to study projects that are considered 
pursuant to this section but that are not con-
structed shall be forgiven. 
‘‘(C) NOTIFICATION.—The Administrator 
shall notify the Secretary of such amounts as 
are to be forgiven under this paragraph. 
‘‘(e) PUBLIC PROCESSES.— 
‘‘(1) POLICIES AND PRACTICES.—Prior to re-
questing any loans under this section, the Adminis-
trator shall use a public process to develop practices 
and policies that implement the authority granted by 
this section. 
‘‘(2) REQUESTS FOR INTEREST.—In the course 
of selecting potential projects to be funded under 
this section, the Administrator shall seek Requests 
For Interest from entities interested in identifying 
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AMDT. NO. 98 
potential projects through one or more notices pub-
lished in the Federal Register.’’ 
SEC. 403. TECHNICAL CORRECTIONS TO THE EN-
ERGY INDEPENDENCE AND SECURITY ACT OF 2007. Title 
XIII of the Energy Independence and Security Act of 
2007 (15 U.S.C. 17381 and following) is amended as fol-
lows: 
(1) By amending subparagraph (A) of section 
1304(b)(3) to read as follows: 
‘‘(A) IN GENERAL.—In carrying out the 
initiative, the Secretary shall provide financial 
support to smart grid demonstration projects 
including those in rural areas and/or areas 
where the majority of generation and trans-
mission assets are controlled by a tax-exempt 
entity.’’. 
(2) By amending subparagraph (C) of section 
1304(b)(3) to read as follows: 
‘‘(C) FEDERAL SHARE OF COST OF TECH-
NOLOGY
INVESTMENTS.—The Secretary shall 
provide to an electric utility described in sub-
paragraph (B) or to other parties financial as-
sistance for use in paying an amount equal to 
not more than 50 percent of the cost of quali-
fying advanced grid technology investments 
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AMDT. NO. 98 
made by the electric utility or other party to 
carry out a demonstration project. ’’. 
(3) By inserting a new subparagraph (E) after 
1304(b)(3)(D) as follows: 
‘‘(E) AVAILABILITY
OF DATA.—The 
Secretary shall establish and maintain a 
smart grid information clearinghouse in a 
timely manner which will make data from 
smart grid demonstration projects and 
other sources available to the public. As a 
condition of receiving financial assistance 
under this subsection, a utility or other 
participant in a smart grid demonstration 
project shall provide such information as 
the Secretary may require to become avail-
able through the smart grid information 
clearinghouse in the form and within the 
timeframes as directed by the Secretary. 
The Secretary shall assure that business 
proprietary information and individual cus-
tomer information is not included in the 
information made available through the 
clearinghouse.’’. 
(4) By amending paragraph (2) of section 
1304(c) to read as follows: 
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AMDT. NO. 98 
‘‘(2) to carry out subsection (b), such sums as 
may be necessary.’’. 
(5) By amending subsection (a) of section 1306 
by striking ‘‘reimbursement of one-fifth (20 per-
cent)’’ and inserting ‘‘grants of up to one-half (50 
percent)’’. 
(6) By striking the last sentence of subsection 
(b)(9) of section 1306. 
(7) By striking ‘‘are eligible for’’ in subsection 
(c)(1) of section 1306 and inserting ‘‘utilize’’. 
(8) By amending subsection (e) of section 1306 
to read as follows: 
‘‘(e) The Secretary shall— 
‘‘(1) establish within 60 days after the enact-
ment of the American Recovery and Reinvestment 
Act of 2009 procedures by which applicants can ob-
tain grants of not more than one-half of their docu-
mented costs; 
‘‘(2) establish procedures to ensure that there is 
no duplication or multiple payment for the same in-
vestment or costs, that the grant goes to the party 
making the actual expenditures for Qualifying Smart 
Grid Investments, and that the grants made have 
significant effect in encouraging and facilitating the 
development of a smart grid; 
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AMDT. NO. 98 
‘‘(3) maintain public records of grants made, 
recipients, and qualifying Smart Grid investments 
which have received grants; 
‘‘(4) establish procedures to provide advance 
payment of moneys up to the full amount of the 
grant award; and 
‘‘(5) have and exercise the discretion to deny 
grants for investments that do not qualify in the 
reasonable judgment of the Secretary.’’. 
SEC. 404. TEMPORARY STIMULUS LOAN GUARANTEE 
PROGRAM. (a) AMENDMENT.—Title XVII of the Energy 
Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended 
by adding the following at the end: 
‘‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOY-
MENT OF RENEWABLE ENERGY AND ELEC-
TRIC POWER TRANSMISSION PROJECTS. 
‘‘(a) IN GENERAL.—Notwithstanding section 1703, 
the Secretary may make guarantees under this section 
only for commercial technology projects under subsection 
(b) that will reach financial close not later than September 
30, 2012. 
‘‘(b) CATEGORIES.—Projects from only the following 
categories shall be eligible for support under this section: 
‘‘(1) Renewable energy systems. 
‘‘(2) Electric power transmission systems. 
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AMDT. NO. 98 
‘‘(c) AUTHORIZATION LIMIT.—There are authorized 
to be appropriated $10,000,000,000 to the Secretary for 
fiscal years 2009 through 2012 to provide the cost of 
guarantees made under section. 
‘‘(d) SUNSET.—The authority to enter into guaran-
tees under this section shall expire on September 30, 
2012.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents for the Energy Policy Act of 2005 is amended 
by inserting after the item relating to section 1704 the 
following new item: 
‘‘Sec. 1705. Temporary program for rapid deployment of renewable energy and 
electric power transmission projects.’’. 
SEC. 405. WEATHERIZATION
PROGRAM
AMEND-
MENTS. (a) INCOME LEVEL.—Section 412(7) of the En-
ergy Conservation and Production Act (42 U.S.C. 
6862(7)) is amended by striking ‘‘150 percent’’ both 
places it appears and inserting ‘‘200 percent’’. 
(b) ASSISTANCE LEVEL PER DWELLING UNIT.—Sec-
tion 415(c)(1) of the Energy Conservation and Production 
Act (42 U.S.C. 6865(c)(1)) is amended by striking 
‘‘$2,500’’ and inserting ‘‘$5,000’’. 
(c) TRAINING AND TECHNICAL ASSISTANCE.—Sec-
tion 416 of the Energy Conservation and Production Act 
(42 U.S.C. 6866) is amended by striking ‘‘10 percent’’ 
and inserting ‘‘up to 20 percent’’. 
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AMDT. NO. 98 
SEC. 406. TECHNICAL CORRECTIONS
TO PUBLIC 
UTILITY REGULATORY POLICIES ACT OF 1978. (a) Sec-
tion 111(d) of the Public Utility Regulatory Policies Act 
of 1978 (16 U.S.C. 2621(d)) is amended by redesignating 
paragraph (16) relating to consideration of smart grid in-
vestments (added by section 1307(a) of Public Law 110– 
140) as paragraph (18) and by redesignating paragraph 
(17) relating to smart grid information (added by section 
1308(a) of Public Law 110–140) as paragraph (19). 
(b) Subsections (b) and (d) of section 112 of the Pub-
lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 
2622) are each amended by striking ‘‘(17) through (18)’’ 
in each place it appears and inserting ‘‘(16) through 
(19)’’. 
TITLE V—FINANCIAL SERVICES AND GENERAL 
GOVERNMENT 
DEPARTMENT OF THE TREASURY 
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 
FUND PROGRAM ACCOUNT 
For an additional amount for ‘‘Community Develop-
ment Financial Institutions Fund Program Account’’, 
$250,000,000, to remain available until September 30, 
2010, for qualified applicants under the fiscal year 2008 
and 2009 funding rounds of the Community Development 
Financial 
Institutions 
Program, 
of 
which 
up 
to 
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AMDT. NO. 98 
$20,000,000 may be for financial assistance, technical as-
sistance, training and outreach programs, including up to 
$5,000 for subsistence expenses, designed to benefit Na-
tive American, Native Hawaiian, and Alaskan Native com-
munities and provided primarily through qualified commu-
nity development lender organizations with experience and 
expertise in community development banking and lending 
in Indian country, Native American organizations, tribes 
and tribal organizations and other suitable providers and 
up to $5,000,000 may be used for administrative ex-
penses: Provided, That for purposes of the fiscal year 2008 
and 2009 funding rounds, the following statutory provi-
sions are hereby waived: 12 U.S.C. 4707(e) and 12 U.S.C. 
4707(d): Provided further, That no awardee, together with 
its subsidiaries and affiliates, may be awarded more than 
15 percent of the aggregate funds available during each 
of fiscal years 2008 and 2009 from the Community Devel-
opment Financial Institutions Program: Provided further, 
That no later than 60 days after the date of enactment 
of this Act, the Department of the Treasury shall submit 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a detailed expenditure plan 
for funds provided under this heading. 
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AMDT. NO. 98 
DISTRICT OF COLUMBIA 
FEDERAL PAYMENTS 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
WATER AND SEWER AUTHORITY 
For a Federal payment to the District of Columbia 
Water and Sewer Authority, $125,000,000, to remain 
available until September 30, 2010, to continue implemen-
tation of the Combined Sewer Overflow Long-Term Con-
trol Plan: Provided, That the District of Columbia Water 
and Sewer Authority provide a 100 percent match for this 
payment: Provided further, That no later than 60 days 
after the date of enactment of this Act, the District of 
Columbia Water and Sewer Authority shall submit to the 
Committees on Appropriations of the House of Represent-
atives and the Senate a detailed expenditure plan for 
funds provided under this heading: Provided further, That 
such expenditure plan shall include a description of each 
specific project, how specific projects will further the ob-
jectives of the Long-Term Control Plan, and all funding 
sources for each project. 
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AMDT. NO. 98 
GENERAL SERVICES ADMINISTRATION 
REAL PROPERTY ACTIVITIES 
FEDERAL BUILDINGS FUND 
LIMITATIONS ON AVAILABILITY OF REVENUE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount to be deposited in the Fed-
eral Buildings Fund, $9,048,000,000, to carry out the 
purposes of the Fund, of which not less than 
$1,400,000,000 shall be available for Federal buildings 
and 
United 
States 
courthouses, 
not 
less 
than 
$1,200,000,000 shall be available for border stations, and 
not less than $6,000,000,000 shall be available for meas-
ures necessary to convert GSA facilities to High-Perform-
ance Green Buildings, as defined in section 401 of Public 
Law 110–140: Provided, That not to exceed $108,000,000 
of the amounts provided under this heading may be ex-
pended for rental of space, related to leasing of temporary 
space in connection with projects funded under this head-
ing: Provided further, That not to exceed $206,000,000 
of the amounts provided under this heading may be ex-
pended for building operations, for the administrative 
costs of completing projects funded under this heading: 
Provided further, That (1) not less than $7,000,000,000 
of the funds provided under this heading shall be obligated 
by September 30, 2010, and (2) $1,600,000,000 shall be 
available until September 30, 2011: Provided further, That 
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AMDT. NO. 98 
the Administrator of General Services is authorized to ini-
tiate design, construction, repair, alteration, and other 
projects through existing authorities of the Administrator: 
Provided further, That the General Services Administra-
tion shall submit a detailed plan, by project, regarding the 
use of funds made available in this Act to the Committees 
on Appropriations of the House of Representatives and the 
Senate within 60 days of enactment of this Act: Provided 
further, That of the amounts provided for converting GSA 
facilities 
to 
High-Performance 
Green 
Buildings, 
$4,000,000 shall be transferred to and merged with ‘‘Gov-
ernment-Wide Policy’’, for carrying out the provisions of 
section 436 of the Energy Independence and Security Act 
of 2007 (Public Law 110–140), establishing an Office of 
Federal High-Performance Green Buildings, to remain 
available until September 30, 2010: Provided further, That 
within the overall amount to be deposited into the Fund, 
$448,000,000 shall remain available until September 30, 
2011, for the development and construction of the head-
quarters for the Department of Homeland Security, except 
that none of the preceding provisos shall apply to amounts 
made available under this proviso. 
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AMDT. NO. 98 
ENERGY-EFFICIENT FEDERAL MOTOR VEHICLE FLEET 
PROCUREMENT 
For capital expenditures and necessary expenses of 
acquiring motor vehicles with higher fuel economy, includ-
ing: hybrid vehicles; neighborhood electric vehicles; electric 
vehicles; and commercially-available, plug-in hybrid vehi-
cles, $600,000,000, to remain available until September 
30, 2011. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for the Office of the In-
spector General, to remain available until September 30, 
2011, $2,000,000. 
RECOVERY ACT ACCOUNTABILITY AND 
TRANSPARENCY BOARD 
For necessary expenses of the Recovery Act Account-
ability and Transparency Board to carry out the provi-
sions of title XV of this Act, $7,000,000, to remain avail-
able until September 30, 2010. 
SMALL BUSINESS ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount, to remain available until 
September 30, 2010, $84,000,000, of which $24,000,000 
is for marketing, management, and technical assistance 
under section 7(m) of the Small Business Act (15 U.S.C. 
636(m)(4)) by intermediaries that make microloans under 
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AMDT. NO. 98 
the microloan program, of which $15,000,000 is for lender 
oversight activities as authorized in section 501(c) of this 
title, and of which $20,000,000 is for improving, stream-
lining, and automating information technology systems re-
lated to lender processes and lender oversight: Provided, 
That no later than 60 days after the date of enactment 
of this Act, the Small Business Administration shall sub-
mit to the Committees on Appropriations of the House 
of Representatives and the Senate a detailed expenditure 
plan for funds provided under the heading ‘‘Small Busi-
ness Administration’’ in this Act. 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $10,000,000, to remain available 
until September 30, 2011. 
SURETY BOND GUARANTEES REVOLVING FUND 
For additional capital for the Surety Bond Guaran-
tees Revolving Fund, authorized by the Small Business 
Investment Act of 1958, $15,000,000, to remain available 
until expended. 
BUSINESS LOANS PROGRAM ACCOUNT 
For an additional amount for the cost of direct loans, 
$6,000,000, to remain available until September 30, 2010, 
and for an additional amount for the cost of guaranteed 
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AMDT. NO. 98 
loans, $615,000,000, to remain available until September 
30, 2010: Provided, That of the amount for the cost of 
guaranteed loans, $515,000,000 shall be for loan subsidies 
and loan modifications for loans to small business con-
cerns authorized in section 501(a) of this title; and 
$100,000,000 shall be for loan subsidies and loan modi-
fications for loans to small business concerns authorized 
in section 501(b) of this title: Provided further, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974. 
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 
ADMINISTRATION 
SEC. 501. ECONOMIC STIMULUS FOR SMALL BUSI-
NESS CONCERNS. (a) TEMPORARY FEE ELIMINATION FOR 
THE 7(a) LOAN PROGRAM.—Until September 30, 2010, 
and to the extent that the cost of such elimination of fees 
is offset by appropriations, with respect to each loan guar-
anteed under section 7(a) of the Small Business Act (15 
U.S.C. 636(a)) for which the application is approved on 
or after the date of enactment of this Act, the Adminis-
trator shall— 
(1) in lieu of the fee otherwise applicable under 
section 7(a)(23)(A) of the Small Business Act (15 
U.S.C. 636(a)(23)(A)), collect no fee; and 
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AMDT. NO. 98 
(2) in lieu of the fee otherwise applicable under 
section 7(a)(18)(A) of the Small Business Act (15 
U.S.C. 636(a)(18)(A)), collect no fee. 
(b) TEMPORARY FEE ELIMINATION FOR THE 504 
LOAN PROGRAM.— 
(1) IN GENERAL.—Until September 30, 2010, 
and to the extent the cost of such elimination in fees 
is offset by appropriations, with respect to each 
project or loan guaranteed by the Administrator 
under title V of the Small Business Investment Act 
of 1958 (15 U.S.C. 695 et seq.) for which an appli-
cation is approved or pending approval on or after 
the date of enactment of this Act— 
(A) the Administrator shall, in lieu of the 
fee otherwise applicable under section 503(d)(2) 
of the Small Business Investment Act of 1958 
(15 U.S.C. 697(d)(2)), collect no fee; 
(B) a development company shall, in lieu 
of 
the 
processing 
fee 
under 
section 
120.971(a)(1) of title 13, Code of Federal Reg-
ulations (relating to fees paid by borrowers), or 
any successor thereto, collect no fee. 
(2) REIMBURSEMENT FOR WAIVED FEES.— 
(A) IN GENERAL.—To the extent that the 
cost of such payments is offset by appropria-
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AMDT. NO. 98 
tions, the Administrator shall reimburse each 
development company that does not collect a 
processing fee pursuant to paragraph (1)(B). 
(B) AMOUNT.—The payment to a develop-
ment company under subparagraph (A) shall be 
in an amount equal to 1.5 percent of the net 
debenture proceeds for which the development 
company does not collect a processing fee pur-
suant to paragraph (1)(B). 
(c) TEMPORARY FEE ELIMINATION
OF LENDER 
OVERSIGHT FEES.—Until September 30, 2010, and to the 
extent the cost of such elimination in fees is offset by ap-
propriations, the Administrator shall, in lieu of the fee 
otherwise applicable under section 5(b)(14) of the Small 
Business Act (15 U.S.C. 634(b)(14)), collect no fee. 
(d) APPLICATION OF FEE ELIMINATIONS.—The Ad-
ministrator shall eliminate fees under subsections (a), (b), 
and (c) until the amount provided for such purposes, as 
applicable, under the headings ‘‘Salaries and Expenses’’ 
and ‘‘Business Loans Program Account’’ under the head-
ing ‘‘Small Business Administration’’ under this Act are 
expended. 
SEC. 502. FINANCIAL ASSISTANCE PROGRAM IM-
PROVEMENTS. (a) 7(a) LOAN MAXIMUM AMOUNT.—Sec-
tion 7(a)(3)(A) of the Small Business Act (15 U.S.C. 
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100 
AMDT. NO. 98 
636(a)(3)(A)) is amended by striking ‘‘$1,500,000 (or if 
the gross loan amount would exceed $2,000,000)’’ and in-
serting ‘‘$2,250,000 (or if the gross loan amount would 
exceed $3,000,000)’’. 
(b) SMALL BUSINESS INVESTMENT COMPANIES.— 
(1) MAXIMUM LEVERAGE.—Section 303(b) of 
the Small Business Investment Act of 1958 (15 
U.S.C. 683(b)) is amended— 
(A) in paragraph (2), by striking subpara-
graphs (A), (B), and (C) and inserting the fol-
lowing: 
‘‘(A) 
IN
GENERAL.—The 
maximum 
amount of outstanding leverage made available 
to any 1 company licensed under section 301(c) 
may not exceed the lesser of— 
‘‘(i) 300 percent of the private capital 
of the company; or 
‘‘(ii) $150,000,000. 
‘‘(B) MULTIPLE
LICENSES
UNDER
COM-
MON CONTROL.—The maximum amount of out-
standing leverage made available to 2 or more 
companies licensed under section 301(c) that 
are commonly controlled (as determined by the 
Administrator) may not exceed $225,000,000. 
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101 
AMDT. NO. 98 
‘‘(C) INVESTMENTS IN LOW–INCOME GEO-
GRAPHIC AREAS.— 
‘‘(i) IN
GENERAL.—The maximum 
amount of outstanding leverage made 
available to— 
‘‘(I) any 1 company described in 
clause (ii) may not exceed the lesser 
of— 
‘‘(aa) 300 percent of private 
capital of the company; or 
‘‘(bb) $175,000,000; and 
‘‘(II) 2 or more companies de-
scribed in clause (ii) that are com-
monly controlled (as determined by 
the Administrator) may not exceed 
$250,000,000. 
‘‘(ii) APPLICABILITY.—A company de-
scribed in this clause is a company licensed 
under section 301(c) that certifies in writ-
ing that not less than 50 percent of the 
dollar amount of investments of that com-
pany shall be made in companies that are 
located in a low-income geographic area 
(as that term is defined in section 351).’’; 
and 
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102 
AMDT. NO. 98 
(B) by striking paragraph (4). 
(2) 
INVESTMENTS
IN
SMALLER
ENTER-
PRISES.—Section 303(d) of the Small Business In-
vestment Act of 1958 (15 U.S.C. 683(d)) is amend-
ed to read as follows: 
‘‘(d) INVESTMENTS
IN SMALLER ENTERPRISES.— 
The Administrator shall require each licensee, as a condi-
tion of approval of an application for leverage, to certify 
in writing that not less than 25 percent of the aggregate 
dollar amount of financings of that licensee shall be pro-
vided to smaller enterprises.’’. 
(3) MAXIMUM INVESTMENT IN A COMPANY.— 
Section 306(a) of the Small Business Investment 
Act of 1958 (15 U.S.C. 686(a)) is amended by strik-
ing ‘‘20 per centum’’ and inserting ‘‘30 percent’’. 
(c) MAXIMUM 504 LOAN SIZE.—Section 502(2)(A) 
of the Small Business Investment Act of 1958 (15 U.S.C. 
696(2)(A)) is amended— 
(1) in clause (i), by striking ‘‘$1,500,000’’ and 
inserting ‘‘$3,000,000’’; 
(2) in clause (ii), by striking ‘‘$2,000,000’’ and 
inserting ‘‘$3,500,000’’; and 
(3) in clause (iii), by striking ‘‘$4,000,000’’ and 
inserting ‘‘$5,500,000’’. 
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103 
AMDT. NO. 98 
SEC. 503. LOW-INTEREST REFINANCING. Section 
502 of the Small Business Investment Act of 1958 (15 
U.S.C. 696) is amended by adding at the end the fol-
lowing: 
‘‘(7) PERMISSIBLE
DEBT
FINANCING.—A fi-
nancing under this title may include refinancing of 
existing indebtedness, in an amount not to exceed 50 
percent of the projected cost of the project financed 
under this title, if— 
‘‘(A) the project financed under this title 
involves the expansion of a small business con-
cern; 
‘‘(B) 
the 
existing 
indebtedness 
is 
collateralized by fixed assets; 
‘‘(C) the existing indebtedness was in-
curred for the benefit of the small business con-
cern; 
‘‘(D) the proceeds of the existing indebted-
ness were used to acquire land (including a 
building situated thereon), to construct or ex-
pand a building thereon, or to purchase equip-
ment; 
‘‘(E) the borrower has been current on all 
payments due on the existing indebtedness for 
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AMDT. NO. 98 
not less than 1 year preceding the proposed 
date of refinancing; 
‘‘(F) the financing under this title will pro-
vide better terms or a better rate of interest 
than exists on the existing indebtedness on the 
proposed date of refinancing; 
‘‘(G) the financing under this title is not 
being used to refinance any debt guaranteed by 
the Government; and 
‘‘(H) the financing under this title will be 
used only for— 
‘‘(i) refinancing existing indebtedness; 
or 
‘‘(ii) costs relating to the project fi-
nanced under this title.’’. 
SEC. 504. DEFINITIONS. Under the heading ‘‘Small 
Business Administration’’ in this title— 
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
trator’’ mean the Small Business Administration 
and the Administrator thereof, respectively; 
(2) the term ‘‘development company’’ has the 
meaning given the term ‘‘development companies’’ in 
section 103 of the Small Business Investment Act of 
1958 (15 U.S.C. 662); and 
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AMDT. NO. 98 
tember 30, 2010, of which $20,000,000 shall be for the 
housing improvement program. 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, 
$522,000,000, to remain available until September 30, 
2010. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For an additional amount for ‘‘Indian Guaranteed 
Loan Program Account’’, $10,000,000, to remain avail-
able until September 30, 2010. 
DEPARTMENTAL OFFICES 
INSULAR AFFAIRS 
ASSISTANCE TO TERRITORIES 
For an additional amount for ‘‘Assistance to Terri-
tories’’, $62,000,000, to remain available until September 
30, 2010. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Office of Inspector 
General’’, $7,600,000, to remain available until September 
30, 2010. 
DEPARTMENT-WIDE PROGRAMS 
CENTRAL HAZARDOUS MATERIALS FUND 
For an additional amount for ‘‘Central Hazardous 
Materials Fund’’, $20,000,000, to remain available until 
September 30, 2010. 
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