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‘‘(1) IN GENERAL.—In addition to any rights 
provided in section 2303 of this title, title VII of 
Public Law 105–272, or any other provision of law, 
an employee or former employee in a covered agency 
may not be discharged, demoted, or otherwise dis-
criminated against (including by denying, sus-
pending, or revoking a security clearance, or by oth-
erwise restricting access to classified or sensitive in-
formation) as a reprisal for making a disclosure de-
scribed in paragraph (2). 
‘‘(2) DISCLOSURES DESCRIBED.—A disclosure 
described in this paragraph is any disclosure of cov-
ered information which is made— 
‘‘(A) by an employee or former employee in 
a covered agency (without restriction as to time, 
place, form, motive, context, or prior disclosure 
made to any person by an employee or former 
employee, including a disclosure made in the 
course of an employee’s duties); and 
‘‘(B) to an authorized Member of Con-
gress, an authorized official of an Executive 
agency, or the Inspector General of the covered 
agency in which such employee or former em-
ployee is or was employed. 
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‘‘(b) INVESTIGATION OF COMPLAINTS.—An employee 
or former employee in a covered agency who believes that 
such employee or former employee has been subjected to 
a reprisal prohibited by subsection (a) may submit a com-
plaint to the Inspector General and the head of the cov-
ered agency. The Inspector General shall investigate the 
complaint and, unless the Inspector General determines 
that the complaint is frivolous, submit a report of the find-
ings of the investigation within 120 days to the employee 
or former employee (as the case may be) and to the head 
of the covered agency. 
‘‘(c) REMEDY.— 
‘‘(1) Within 180 days of the filing of the com-
plaint, the head of the covered agency shall, taking 
into consideration the report of the Inspector Gen-
eral under subsection (b) (if any), determine whether 
the employee or former employee has been subjected 
to a reprisal prohibited by subsection (a), and shall 
either issue an order denying relief or shall imple-
ment corrective action to return the employee or 
former employee, as nearly as possible, to the posi-
tion he would have held had the reprisal not oc-
curred, including voiding any directive or order de-
nying, suspending, or revoking a security clearance 
or otherwise restricting access to classified or sen-
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sitive information that constituted a reprisal, as well 
as providing back pay and related benefits, medical 
costs incurred, travel expenses, any other reasonable 
and foreseeable consequential damages, and compen-
satory damages (including attorney’s fees, interest, 
reasonable expert witness fees, and costs). If the 
head of the covered agency issues an order denying 
relief, he shall issue a report to the employee or 
former employee detailing the reasons for the denial. 
‘‘(2)(A) If the head of the covered agency, in 
the process of implementing corrective action under 
paragraph (1), voids a directive or order denying, 
suspending, or revoking a security clearance or oth-
erwise restricting access to classified or sensitive in-
formation that constituted a reprisal, the head of the 
covered agency may re-initiate procedures to issue a 
directive or order denying, suspending, or revoking 
a security clearance or otherwise restricting access 
to classified or sensitive information only if those re- 
initiated procedures are based exclusively on national 
security concerns and are unrelated to the actions 
constituting the original reprisal. 
‘‘(B) In any case in which the head of a covered 
agency re-initiates procedures under subparagraph 
(A), the head of the covered agency shall issue an 
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unclassified report to its Inspector General and to 
authorized Members of Congress (with a classified 
annex, if necessary), detailing the circumstances of 
the agency’s re-initiated procedures and describing 
the manner in which those procedures are based ex-
clusively on national security concerns and are unre-
lated to the actions constituting the original reprisal. 
The head of the covered agency shall also provide 
periodic updates to the Inspector General and au-
thorized Members of Congress detailing any signifi-
cant actions taken as a result of those procedures, 
and shall respond promptly to inquiries from author-
ized Members of Congress regarding the status of 
those procedures. 
‘‘(3) If the head of the covered agency has not 
made a determination under paragraph (1) within 
180 days of the filing of the complaint (or he has 
issued an order denying relief, in whole or in part, 
whether within that 180-day period or thereafter, 
then, within 90 days after such order is issued), the 
employee or former employee may bring an action at 
law or equity for de novo review to seek any correc-
tive action described in paragraph (1) in the appro-
priate United States district court (as defined by 
section 1221(k)(2)), which shall have jurisdiction 
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over such action without regard to the amount in 
controversy. An appeal from a final decision of a dis-
trict court in an action under this paragraph may, 
at the election of the appellant, be taken to the 
Court of Appeals for the Federal Circuit (which 
shall have jurisdiction of such appeal), in lieu of the 
United States court of appeals for the circuit em-
bracing the district in which the action was brought. 
‘‘(4) An employee or former employee adversely 
affected or aggrieved by an order issued under para-
graph (1), or who seeks review of any corrective ac-
tion determined under paragraph (1), may obtain ju-
dicial review of such order or determination in the 
United States Court of Appeals for the Federal Cir-
cuit or any United States court of appeals having ju-
risdiction over appeals from any United States dis-
trict court which, under section 1221(k)(2), would 
be an appropriate United States district court. No 
petition seeking such review may be filed more than 
60 days after issuance of the order or the deter-
mination to implement corrective action by the head 
of the agency. Review shall conform to chapter 7. 
‘‘(5)(A) If, in any action for damages or relief 
under paragraph (3) or (4), an Executive agency 
moves to withhold information from discovery based 
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on a claim that disclosure would be inimical to na-
tional security by asserting the privilege commonly 
referred to as the ‘state secrets privilege’, and if the 
assertion of such privilege prevents the employee or 
former employee from establishing an element in 
support of the employee’s or former employee’s 
claim, the court shall resolve the disputed issue of 
fact or law in favor of the employee or former em-
ployee, provided that an Inspector General investiga-
tion under subsection (b) has resulted in substantial 
confirmation of that element, or those elements, of 
the employee’s or former employee’s claim. 
‘‘(B) In any case in which an Executive agency 
asserts the privilege commonly referred to as the 
‘state secrets privilege’, whether or not an Inspector 
General has conducted an investigation under sub-
section (b), the head of that agency shall, at the 
same time it asserts the privilege, issue a report to 
authorized Members of Congress, accompanied by a 
classified annex if necessary, describing the reasons 
for the assertion, explaining why the court hearing 
the matter does not have the ability to maintain the 
protection of classified information related to the as-
sertion, detailing the steps the agency has taken to 
arrive at a mutually agreeable settlement with the 
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rule, or regulation (including the Lloyd-La Follette 
Act). 
No court or administrative agency may require the ex-
haustion of any right or remedy under this section as a 
condition for pursuing any other right or remedy otherwise 
available to an employee or former employee under any 
other provision of law, rule, or regulation (as referred to 
in paragraph (2)). 
‘‘(f) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘covered information’, as used 
with respect to an employee or former employee, 
means any information (including classified or sen-
sitive information) which the employee or former 
employee reasonably believes evidences— 
‘‘(A) any violation of any law, rule, or reg-
ulation; or 
‘‘(B) gross mismanagement, a gross waste 
of funds, an abuse of authority, or a substantial 
and specific danger to public health or safety; 
‘‘(2) the term ‘covered agency’ means— 
‘‘(A) the Federal Bureau of Investigation, 
the Office of the Director of National Intel-
ligence, the Central Intelligence Agency, the 
Defense Intelligence Agency, the National 
Geospatial-Intelligence Agency, the National Se-
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curity Agency, and the National Reconnaissance 
Office; and 
‘‘(B) any other Executive agency, or ele-
ment or unit thereof, determined by the Presi-
dent under section 2302(a)(2)(C)(ii)(II) to have 
as its principal function the conduct of foreign 
intelligence or counterintelligence activities; 
‘‘(3) the term ‘authorized Member of Congress’ 
means— 
‘‘(A) with respect to covered information 
about sources and methods of the Central Intel-
ligence Agency, the Director of National Intel-
ligence, and the National Intelligence Program 
(as defined in section 3(6) of the National Se-
curity Act of 1947), a member of the House 
Permanent Select Committee on Intelligence, 
the Senate Select Committee on Intelligence, or 
any other committees of the House of Rep-
resentatives or Senate to which this type of in-
formation is customarily provided; 
‘‘(B) with respect to special access pro-
grams specified in section 119 of title 10, an 
appropriate member of the Congressional de-
fense committees (as defined in such section); 
and 
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‘‘(C) with respect to other covered informa-
tion, a member of the House Permanent Select 
Committee on Intelligence, the Senate Select 
Committee on Intelligence, the House Com-
mittee on Oversight and Government Reform, 
the Senate Committee on Homeland Security 
and Governmental Affairs, or any other com-
mittees of the House of Representatives or the 
Senate that have oversight over the program 
which the covered information concerns; and 
‘‘(4) the term ‘authorized official of an Execu-
tive agency’ shall have such meaning as the Office 
of Personnel Management shall by regulation pre-
scribe, except that such term shall, with respect to 
any employee or former employee in an agency, in-
clude the head, the general counsel, and the ombuds-
man of such agency.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 23 of title 5, United States Code, is amended 
by inserting after the item relating to section 2303 the 
following: 
‘‘2303a. National security whistleblower rights.’’. 
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SEC. 1271. ENHANCEMENT OF CONTRACTOR EMPLOYEE 
WHISTLEBLOWER PROTECTIONS. 
(a) CIVILIAN AGENCY CONTRACTS.—Section 315(c) 
of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 265(c)) is amended— 
(1) in paragraph (1), by striking ‘‘If the head’’ 
and all that follows through ‘‘actions:’’ and inserting 
the following: ‘‘Not later than 180 days after sub-
mission of a complaint under subsection (b), the 
head of the executive agency concerned shall deter-
mine whether the contractor concerned has subjected 
the complainant to a reprisal prohibited by sub-
section (a) and shall either issue an order denying 
relief or shall take one or more of the following ac-
tions:’’; and 
(2) by redesignating paragraph (3) as para-
graph (4) and adding after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) If the head of an executive agency has not issued 
an order within 180 days after the submission of a com-
plaint under subsection (b) and there is no showing that 
such delay is due to the bad faith of the complainant, the 
complainant shall be deemed to have exhausted his admin-
istrative remedies with respect to the complaint, and the 
complainant may bring an action at law or equity for de 
novo review to seek compensatory damages and other re-
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lief available under this section in the appropriate district 
court of the United States, which shall have jurisdiction 
over such an action without regard to the amount in con-
troversy, and which action shall, at the request of either 
party to such action, be tried by the court with a jury.’’. 
(b) ARMED SERVICES CONTRACTS.—Section 2409(c) 
of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘If the head’’ 
and all that follows through ‘‘actions:’’ and inserting 
the following: ‘‘Not later than 180 days after sub-
mission of a complaint under subsection (b), the 
head of the agency concerned shall determine wheth-
er the contractor concerned has subjected the com-
plainant to a reprisal prohibited by subsection (a) 
and shall either issue an order denying relief or shall 
take one or more of the following actions:’’; and 
(2) by redesignating paragraph (3) as para-
graph (4) and adding after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) If the head of an agency has not issued an order 
within 180 days after the submission of a complaint under 
subsection (b) and there is no showing that such delay 
is due to the bad faith of the complainant, the complainant 
shall be deemed to have exhausted his administrative rem-
edies with respect to the complaint, and the complainant 
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may bring an action at law or equity for de novo review 
to seek compensatory damages and other relief available 
under this section in the appropriate district court of the 
United States, which shall have jurisdiction over such an 
action without regard to the amount in controversy, and 
which action shall, at the request of either party to such 
action, be tried by the court with a jury.’’. 
SEC. 1272. PROHIBITED PERSONNEL PRACTICES AFFECT-
ING THE TRANSPORTATION SECURITY AD-
MINISTRATION. 
(a) IN GENERAL.—Chapter 23 of title 5, United 
States Code, is amended— 
(1) by redesignating sections 2304 and 2305 as 
sections 2305 and 2306, respectively; and 
(2) by inserting after section 2303a (as inserted 
by section 1270) the following: 
‘‘§ 2304. Prohibited personnel practices affecting the 
Transportation Security Administration 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, any individual holding or applying for a posi-
tion within the Transportation Security Administration 
shall be covered by— 
‘‘(1) the provisions of section 2302(b)(1), (8), 
and (9); 
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‘‘(2) any provision of law implementing section 
2302(b)(1), (8), or (9) by providing any right or 
remedy available to an employee or applicant for em-
ployment in the civil service; and 
‘‘(3) any rule or regulation prescribed under 
any provision of law referred to in paragraph (1) or 
(2). 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect any rights, apart from 
those described in subsection (a), to which an individual 
described in subsection (a) might otherwise be entitled 
under law. 
‘‘(c) EFFECTIVE DATE.—This section shall take ef-
fect as of the date of the enactment of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 23 of title 5, United States Code, is amended 
by striking the items relating to sections 2304 and 2305, 
respectively, and by inserting the following: 
‘‘2304. Prohibited personnel practices affecting the Transportation Security Ad-
ministration. 
‘‘2305. Responsibility of the Government Accountability Office. 
‘‘2306. Coordination with certain other provisions of law.’’. 
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SEC. 1273. CLARIFICATION OF WHISTLEBLOWER RIGHTS 
RELATING TO SCIENTIFIC AND OTHER RE-
SEARCH. 
(a) IN GENERAL.—Section 2302 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) As used in section 2302(b)(8), the term ‘abuse 
of authority’ includes— 
‘‘(1) any action that compromises the validity 
or accuracy of federally funded research or analysis; 
‘‘(2) the dissemination of false or misleading 
scientific, medical, or technical information; 
‘‘(3) any action that restricts or prevents an 
employee or any person performing federally funded 
research or analysis from publishing in peer-reviewed 
journals or other scientific publications or making 
oral presentations at professional society meetings or 
other meetings of their peers; and 
‘‘(4) any action that discriminates for or 
against any employee or applicant for employment 
on the basis of religion, as defined by section 
1273(b) of the Whistleblower Protection Enhance-
ment Act of 2009.’’. 
(b) DEFINITION.—As used in section 2302(f)(3) of 
title 5, United States Code (as amended by subsection 
(a)), the term ‘‘on the basis of religion’’ means— 
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(1) prohibiting personal religious expression by 
Federal employees to the greatest extent possible, 
consistent with requirements of law and interests in 
workplace efficiency; 
(2) requiring religious participation or non-par-
ticipation as a condition of employment, or permit-
ting religious harassment; 
(3) failing to accommodate employees’ exercise 
of their religion; 
(4) failing to treat all employees with the same 
respect and consideration, regardless of their religion 
(or lack thereof); 
(5) restricting personal religious expression by 
employees in the Federal workplace except where the 
employee’s interest in the expression is outweighed 
by the government’s interest in the efficient provi-
sion of public services or where the expression in-
trudes upon the legitimate rights of other employees 
or creates the appearance, to a reasonable observer, 
of an official endorsement of religion; 
(6) regulating employees’ personal religious ex-
pression on the basis of its content or viewpoint, or 
suppressing employees’ private religious speech in 
the workplace while leaving unregulated other pri-
vate employee speech that has a comparable effect 
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on the efficiency of the workplace, including ideolog-
ical speech on politics and other topics; 
(7) failing to exercise their authority in an 
evenhanded and restrained manner, and with regard 
for the fact that Americans are used to expressions 
of disagreement on controversial subjects, including 
religious ones; 
(8) failing to permit an employee to engage in 
private religious expression in personal work areas 
not regularly open to the public to the same extent 
that they may engage in nonreligious private expres-
sion, subject to reasonable content- and viewpoint- 
neutral standards and restrictions; 
(9) failing to permit an employee to engage in 
religious expression with fellow employees, to the 
same extent that they may engage in comparable 
nonreligious private expression, subject to reasonable 
and content-neutral standards and restrictions; 
(10) failing to permit an employee to engage in 
religious expression directed at fellow employees, and 
may even attempt to persuade fellow employees of 
the correctness of their religious views, to the same 
extent as those employees may engage in comparable 
speech not involving religion; 
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(11) inhibiting an employee from urging a col-
league to participate or not to participate in reli-
gious activities to the same extent that, consistent 
with concerns of workplace efficiency, they may urge 
their colleagues to engage in or refrain from other 
personal endeavors, except that the employee must 
refrain from such expression when a fellow employee 
asks that it stop or otherwise demonstrates that it 
is unwelcome; 
(12) failing to prohibit expression that is part 
of a larger pattern of verbal attacks on fellow em-
ployees (or a specific employee) not sharing the faith 
of the speaker; 
(13) preventing an employee from— 
(A) wearing personal religious jewelry ab-
sent special circumstances (such as safety con-
cerns) that might require a ban on all similar 
nonreligious jewelry; or 
(B) displaying religious art and literature 
in their personal work areas to the same extent 
that they may display other art and literature, 
so long as the viewing public would reasonably 
understand the religious expression to be that 
of the employee acting in her personal capacity, 
and not that of the government itself; 
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(14) prohibiting an employee from using their 
private time to discuss religion with willing cowork-
ers in public spaces to the same extent as they may 
discuss other subjects, so long as the public would 
reasonably understand the religious expression to be 
that of the employees acting in their personal capac-
ities; 
(15) discriminating against an employee on the 
basis of their religion, religious beliefs, or views con-
cerning their religion by promoting, refusing to pro-
mote, hiring, refusing to hire, or otherwise favoring 
or disfavoring, an employee or potential employee 
because of his or her religion, religious beliefs, or 
views concerning religion, or by explicitly or implic-
itly, insisting that the employee participate in reli-
gious activities as a condition of continued employ-
ment, promotion, salary increases, preferred job as-
signments, or any other incidents of employment or 
insisting that an employee refrain from participating 
in religious activities outside the workplace except 
pursuant to otherwise legal, neutral restrictions that 
apply to employees’ off-duty conduct and expression 
in general (such as restrictions on political activities 
prohibited by the Hatch Act); 
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(16) prohibiting a supervisor’s religious expres-
sion where it is not coercive and is understood to be 
his or her personal view, in the same way and to the 
same extent as other constitutionally valued speech; 
(17) permitting a hostile environment, or reli-
gious harassment, in the form of religiously discrimi-
natory intimidation, or pervasive or severe religious 
ridicule or insult, whether by supervisors or fellow 
workers, as determined by its frequency or repet-
itiveness, and severity; 
(18) failing to accommodate an employee’s exer-
cise of their religion unless such accommodation 
would impose an undue hardship on the conduct of 
the agency’s operations, based on real rather than 
speculative 
or 
hypothetical 
cost 
and 
without 
disfavoring other, nonreligious accommodations; and 
(19) in those cases where an agency’s work rule 
imposes a substantial burden on a particular em-
ployee’s exercise of religion, failing to grant the em-
ployee an exemption from that rule, absent a com-
pelling interest in denying the exemption and where 
there is no less restrictive means of furthering that 
interest. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to create any new right, benefit, 
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or trust responsibility, substantive or procedural, enforce-
able at law or equity by a party against the United States, 
its agencies, its officers, or any person. 
SEC. 1274. EFFECTIVE DATE. 
This part shall take effect 30 days after the date of 
the enactment of this Act, except as provided in the 
amendment made by section 1272(a)(2). 
TITLE II—AGRICULTURE, NUTRI-
TION, AND RURAL DEVELOP-
MENT 
DEPARTMENT OF AGRICULTURE 
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL 
PAYMENTS 
For an additional amount for ‘‘Agriculture Buildings 
and Facilities and Rental Payments’’, $44,000,000, for 
necessary construction, repair, and improvement activities: 
Provided, That section 1106 of this Act shall not apply 
to this appropriation. 
AGRICULTURAL RESEARCH SERVICE 
BUILDINGS AND FACILITIES 
For an additional amount for ‘‘Buildings and Facili-
ties’’, $209,000,000, for work on deferred maintenance at 
Agricultural Research Service facilities: Provided, That 
priority in the use of such funds shall be given to critical 
deferred maintenance, to projects that can be completed, 
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and to activities that can commence promptly following 
enactment of this Act. 
FARM SERVICE AGENCY 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses,’’ $245,000,000, for the purpose of maintaining 
and modernizing the information technology system: Pro-
vided, That section 1106 of this Act shall not apply to 
this appropriation. 
NATURAL RESOURCES CONSERVATION SERVICE 
WATERSHED AND FLOOD PREVENTION OPERATIONS 
For an additional amount for ‘‘Watershed and Flood 
Prevention 
Operations’’, 
$350,000,000, 
of 
which 
$175,000,000 is for necessary expenses to purchase and 
restore floodplain easements as authorized by section 403 
of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) 
(except that no more than $50,000,000 of the amount pro-
vided for the purchase of floodplain easements may be ob-
ligated for projects in any one State): Provided, That sec-
tion 1106 of this Act shall not apply to this appropriation: 
Provided further, That priority in the use of such funds 
shall be given to projects that can be fully funded and 
completed with the funds appropriated in this Act, and 
to activities that can commence promptly following enact-
ment of this Act. 
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WATERSHED REHABILITATION PROGRAM 
For an additional amount for ‘‘Watershed Rehabilita-
tion Program’’, $50,000,000, for necessary expenses to 
carry out rehabilitation of structural measures: Provided, 
That section 1106 of this Act shall not apply to this ap-
propriation: Provided further, That priority in the use of 
such funds shall be given to projects that can be fully 
funded and completed with the funds appropriated in this 
Act, and to activities that can commence promptly fol-
lowing enactment of this Act. 
RURAL DEVELOPMENT PROGRAMS 
RURAL COMMUNITY ADVANCEMENT PROGRAM 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for gross obligations for 
the principal amount of direct and guaranteed loans as 
authorized by sections 306 and 310B and described in sec-
tions 381E(d)(1), 381E(d)(2), and 381E(d)(3) of the 
Consolidated Farm and Rural Development Act, to be 
available from the rural community advancement pro-
gram, 
as 
follows: 
$5,838,000,000, 
of 
which 
$1,102,000,000 is for rural community facilities direct 
loans, of which $2,000,000,000 is for business and indus-
try guaranteed loans, and of which $2,736,000,000 is for 
rural water and waste disposal direct loans. 
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For an additional amount for the cost of direct loans, 
loan guarantees, and grants, including the cost of modi-
fying loans, as defined in section 502 of the Congressional 
Budget Act of 1974, as follows: $1,800,000,000, of which 
$63,000,000 is for rural community facilities direct loans, 
of which $137,000,000 is for rural community facilities 
grants authorized under section 306(a) of the Consoli-
dated Farm and Rural Development Act, of which 
$87,000,000 is for business and industry guaranteed 
loans, of which $13,000,000 is for rural business enter-
prise grants authorized under section 310B of the Consoli-
dated Farm and Rural Development Act, of which 
$400,000,000 is for rural water and waste disposal direct 
loans, and of which $1,100,000,000 is for rural water and 
waste disposal grants authorized under section 306(a): 
Provided, That the amounts appropriated under this head-
ing shall be transferred to, and merged with, the appro-
priation for ‘‘Rural Housing Service, Rural Community 
Facilities Program Account’’, the appropriation for 
‘‘Rural Business-Cooperative Service, Rural Business Pro-
gram Account’’, and the appropriation for ‘‘Rural Utilities 
Service, Rural Water and Waste Disposal Program Ac-
count’’: Provided further, That priority for awarding such 
funds shall be given to project applications that dem-
onstrate that, if the application is approved, all project 
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elements will be fully funded: Provided further, That pri-
ority for awarding such funds shall be given to project ap-
plications for activities that can be completed if the re-
quested funds are provided: Provided further, That priority 
for awarding such funds shall be given to activities that 
can commence promptly following enactment of this Act. 
In addition to other available funds, the Secretary of 
Agriculture may use not more than 3 percent of the funds 
made available under this account for administrative costs 
to carry out loans, loan guarantees, and grants funded 
under this account, which shall be transferred and merged 
with the appropriation for ‘‘Rural Development, Salaries 
and Expenses’’ and shall remain available until September 
30, 2012: Provided, That the authority provided in this 
paragraph shall apply to appropriations under this head-
ing in lieu of the provisions of section 1106 of this Act. 
Funds appropriated by this Act to the Rural Commu-
nity Advancement Program for rural community facilities, 
rural business, and rural water and waste disposal direct 
loans, loan guarantees and grants may be transferred 
among these programs: Provided, That the Committees on 
Appropriations of the House of Representatives and the 
Senate shall be notified at least 15 days in advance of 
any transfer. 
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RURAL HOUSING SERVICE 
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount of gross obligations for the 
principal amount of direct and guaranteed loans as au-
thorized by title V of the Housing Act of 1949, to be avail-
able from funds in the rural housing insurance fund, as 
follows: $22,129,000,000 for loans to section 502 bor-
rowers, of which $4,018,000,000 shall be for direct loans, 
and of which $18,111,000,000 shall be for unsubsidized 
guaranteed loans. 
For an additional amount for the cost of direct and 
guaranteed loans, including the cost of modifying loans, 
as defined in section 502 of the Congressional Budget Act 
of 1974, as follows: section 502 loans, $500,000,000, of 
which $270,000,000 shall be for direct loans, and of which 
$230,000,000 shall be for unsubsidized guaranteed loans. 
In addition to other available funds, the Secretary of 
Agriculture may use not more than 3 percent of the funds 
made available under this account for administrative costs 
to carry out loans and loan guarantees funded under this 
account, of which $1,750,000 will be committed to agency 
projects associated with maintaining the compliance, safe-
ty, and soundness of the portfolio of loans guaranteed 
through the section 502 guaranteed loan program: Pro-
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vided, These funds shall be transferred and merged with 
the appropriation for ‘‘Rural Development, Salaries and 
Expenses’’: Provided further, That the authority provided 
in this paragraph shall apply to appropriations under this 
heading in lieu of the provisions of section 1106 of this 
Act. 
Funds appropriated by this Act to the Rural Housing 
Insurance Fund Program account for section 502 direct 
loans and unsubsidized guaranteed loans may be trans-
ferred between these programs: Provided, That the Com-
mittees on Appropriations of the House of Representatives 
and the Senate shall be notified at least 15 days in ad-
vance of any transfer. 
RURAL UTILITIES SERVICE 
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND 
PROGRAM 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for the cost of broadband 
loans and loan guarantees, as authorized by the Rural 
Electrification Act of 1936 (7 U.S.C. 901 et seq.) and for 
grants, $2,825,000,000: Provided, That the cost of direct 
and guaranteed loans shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided fur-
ther, That, notwithstanding title VI of the Rural Elec-
trification Act of 1936, this amount is available for grants, 
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loans and loan guarantees for open access broadband in-
frastructure in any area of the United States: Provided 
further, That at least 75 percent of the area to be served 
by a project receiving funds from such grants, loans or 
loan guarantees shall be in a rural area without sufficient 
access to high speed broadband service to facilitate rural 
economic development, as determined by the Secretary of 
Agriculture: Provided further, That priority for awarding 
funds made available under this paragraph shall be given 
to projects that provide service to the most rural residents 
that do not have access to broadband service: Provided fur-
ther, That priority shall be given for project applications 
from borrowers or former borrowers under title II of the 
Rural Electrification Act of 1936 and for project applica-
tions that include such borrowers or former borrowers: 
Provided further, That notwithstanding section 1103 of 
this Act, 50 percent of the grants, loans, and loan guaran-
tees made available under this heading shall be awarded 
not later than September 30, 2009: 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: Pro-
vided further, That priority for awarding such funds shall 
be given to project applications for activities that can be 
completed if the requested funds are provided: Provided 
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further, That priority for awarding such funds shall be 
given to activities that can commence promptly following 
enactment of this Act: Provided further, That no area of 
a project funded with amounts made available under this 
paragraph may receive funding to provide broadband serv-
ice under the Broadband Deployment Grant Program: 
Provided further, That the Secretary shall submit a report 
on planned spending and actual obligations describing the 
use of these funds not later than 90 days after the date 
of enactment of this Act, and quarterly thereafter until 
all funds are obligated, to the Committees on Appropria-
tions of the House of Representatives and the Senate. 
In addition to other available funds, the Secretary 
may use not more than 3 percent of the funds made avail-
able under this account for administrative costs to carry 
out loans, loan guarantees, and grants funded under this 
account, which shall be transferred and merged with the 
appropriation for ‘‘Rural Development, Salaries and Ex-
penses’’ and shall remain available until September 30, 
2012: Provided, That the authority provided in this para-
graph shall apply to appropriations under this heading in 
lieu of the provisions of section 1106 of this Act. 
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FOOD AND NUTRITION SERVICE 
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), 
$100,000,000, for the purposes specified in section 
17(h)(10)(B)(ii) for the Secretary of Agriculture to pro-
vide assistance to State agencies to implement new man-
agement information systems or improve existing manage-
ment information systems for the program. 
EMERGENCY FOOD ASSISTANCE PROGRAM 
For an additional amount for the emergency food as-
sistance program as authorized by section 27(a) of the 
Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and 
section 204(a)(1) of the Emergency Food Assistance Act 
of 1983 (7 U.S.C. 7508(a)(1)), $150,000,000, of which 
$100,000,000 is for the purchase of commodities and of 
which $50,000,000 is for costs associated with the dis-
tribution of commodities. 
GENERAL PROVISIONS, THIS TITLE 
SEC. 2001. TEMPORARY INCREASE IN BENEFITS UNDER 
THE 
SUPPLEMENTAL 
NUTRITION 
ASSIST-
ANCE PROGRAM. 
(a) MAXIMUM BENEFIT INCREASE.— 
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(1) IN GENERAL.—Beginning the first month 
that begins not less than 25 days after the date of 
enactment of this Act, the value of benefits deter-
mined under section 8(a) of the Food and Nutrition 
Act of 2008 and consolidated block grants for Puer-
to Rico and American Samoa determined under sec-
tion 19(a) of such Act shall be calculated using 
113.6 percent of the June 2008 value of the thrifty 
food plan as specified under section 3(o) of such 
Act. 
(2) TERMINATION.— 
(A) The authority provided by this sub-
section shall terminate after September 30, 
2009. 
(B) Notwithstanding subparagraph (A), 
the Secretary of Agriculture may not reduce the 
value of the maximum allotment below the level 
in effect for fiscal year 2009 as a result of 
paragraph (1). 
(b) REQUIREMENTS FOR THE SECRETARY.—In car-
rying out this section, the Secretary shall— 
(1) consider the benefit increases described in 
subsection (a) to be a ‘‘mass change’’; 
(2) require a simple process for States to notify 
households of the increase in benefits; 
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(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 that section; and 
(4) have the authority to take such measures as 
necessary to ensure the efficient administration of 
the benefits provided in this section. 
(c) ADMINISTRATIVE EXPENSES.— 
(1) IN GENERAL.—For the costs of State ad-
ministrative expenses associated with carrying out 
this section, the Secretary shall make available 
$150,000,000 in each of fiscal years 2009 and 2010, 
to remain available through September 30, 2012, of 
which $4,500,000 is for necessary expenses of the 
Food and Nutrition Service for management and 
oversight of the program and for monitoring the in-
tegrity and evaluating the effects of the payments 
made under this section. 
(2) AVAILABILITY OF FUNDS.—Funds described 
in paragraph (1) shall be made available as grants 
to State agencies based on each State’s share of 
households that participate in the Supplemental Nu-
trition Assistance Program as reported to the De-
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partment of Agriculture for the 12-month period 
ending with June, 2008. 
(d) TREATMENT OF JOBLESS WORKERS.—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, 2010, jobless 
adults who comply with work registration and employment 
and training requirements under section 6, section 20, or 
section 26 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2015, 2029, or 2035) shall not be disqualified from 
the Supplemental Nutrition Assistance Program because 
of the provisions of section 6(o)(2) of such Act (7 U.S.C. 
2015(o)(2)). Beginning on October 1, 2010, for the pur-
poses of section 6(o), a State agency shall disregard any 
period during which an individual received Supplemental 
Nutrition Assistance Program benefits prior to October 1, 
2010. 
(e) FUNDING.—There is appropriated to the Sec-
retary of Agriculture such sums as are necessary to carry 
out this section, to remain available until expended. Sec-
tion 1106 of this Act shall not apply to this appropriation. 
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SEC. 2002. AFTERSCHOOL FEEDING PROGRAM FOR AT-RISK 
CHILDREN. 
Section 17(r) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(r)) is amended by 
striking paragraph (5). 
TITLE III—COMMERCE, JUSTICE, 
AND SCIENCE 
Subtitle A—Commerce 
DEPARTMENT OF COMMERCE 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Economic Develop-
ment Assistance Programs’’, $250,000,000: Provided, 
That the amount set aside from this appropriation pursu-
ant to section 1106 of this Act shall not exceed 2 percent 
instead of the percentage specified in such section: Pro-
vided further, That the amount set aside pursuant to the 
previous proviso shall be transferred to and merged with 
the appropriation for ‘‘Salaries and Expenses’’ for pur-
poses of program administration and oversight: Provided 
further, That up to $50,000,000 may be transferred to 
federally authorized regional economic development com-
missions. 
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BUREAU OF THE CENSUS 
PERIODIC CENSUSES AND PROGRAMS 
For an additional amount for ‘‘Periodic Censuses and 
Programs’’, $1,000,000,000: Provided, That section 1106 
of this Act shall not apply to funds provided under this 
heading. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $350,000,000, to remain available until Sep-
tember 30, 2011: Provided, That funds shall be available 
to establish the State Broadband Data and Development 
Grant Program, as authorized by Public Law 110–385, 
for the development and implementation of statewide ini-
tiatives to identify and track the availability and adoption 
of broadband services within each State, and to develop 
and maintain a nationwide broadband inventory map, as 
authorized by section 6001 of division B of this Act. 
WIRELESS AND BROADBAND DEPLOYMENT GRANT 
PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses related to the Wireless and 
Broadband Deployment Grant Programs established by 
section 6002 of division B of this Act, $2,825,000,000, 
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of which $1,000,000,000 shall be for Wireless Deployment 
Grants and $1,825,000,000 shall be for Broadband De-
ployment Grants: Provided, That the National Tele-
communications and Information Administration shall 
submit a report on planned spending and actual obliga-
tions describing the use of these funds not later than 120 
days after the date of enactment of this Act, and an up-
date report not later than 60 days following the initial re-
port, to the Committees on Appropriations of the House 
of Representatives and the Senate, the Committee on En-
ergy and Commerce of the House of Representatives, and 
the Committee on Commerce, Science, and Transportation 
of the Senate: Provided further, That notwithstanding sec-
tion 1103 of this Act, 50 percent of the grants made avail-
able under this heading shall be awarded not later than 
September 30, 2009: Provided further, That up to 20 per-
cent of the funds provided under this heading for Wireless 
Deployment Grants and Broadband Deployment Grants 
may be transferred between these programs: Provided fur-
ther, That the Committees on Appropriations of the House 
of Representatives and the Senate shall be notified at least 
15 days in advance of any transfer. 
DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM 
Notwithstanding any other provision of law, and in 
addition to amounts otherwise provided in any other Act, 
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for costs associated with the Digital-to-Analog Converter 
Box Program, $650,000,000, to be available until Sep-
tember 30, 2009: Provided, That these funds shall be 
available for coupons and related activities, including but 
not limited to education, consumer support and outreach, 
as deemed appropriate and necessary to ensure a timely 
conversion of analog to digital television. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For an additional amount for ‘‘Scientific and Tech-
nical Research and Services’’, $100,000,000. 
INDUSTRIAL TECHNOLOGY SERVICES 
For an additional amount for ‘‘Industrial Technology 
Services’’, $100,000,000, of which $70,000,000 shall be 
available for the necessary expenses of the Technology In-
novation Program and $30,000,000 shall be available for 
the necessary expenses of the Hollings Manufacturing Ex-
tension Partnership. 
CONSTRUCTION OF RESEARCH FACILITIES 
For an additional amount for ‘‘Construction of Re-
search Facilities’’, as authorized by sections 13 through 
15 of the Act of March 13, 1901 (15 U.S.C. 278c–278e), 
$300,000,000, for a competitive construction grant pro-
gram for research science buildings: Provided further, 
That for peer-reviewed grants made under this heading, 
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the time limitation provided in section 1103(b) of this Act 
shall be 120 days. 
NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
For an additional amount for ‘‘Operations, Research, 
and Facilities’’, $400,000,000, for habitat restoration and 
mitigation activities. 
PROCUREMENT, ACQUISITION AND CONSTRUCTION 
For an additional amount for ‘‘Procurement, Acquisi-
tion and Construction’’, $600,000,000, for accelerating 
satellite development and acquisition, acquiring climate 
sensors and climate modeling capacity, and establishing 
climate data records: Provided further, That not less than 
$140,000,000 shall be available for climate data modeling. 
Subtitle B—Justice 
DEPARTMENT OF JUSTICE 
STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 
OFFICE OF JUSTICE PROGRAMS 
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 
For an additional amount for ‘‘State and Local Law 
Enforcement Assistance’’, $3,000,000,000, to be available 
for the Edward Byrne Memorial Justice Assistance Grant 
Program as authorized by subpart 1 of part E of title I 
of the Omnibus Crime Control and Safe Streets Act of 
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1968, (except that section 1001(c), and the special rules 
for Puerto Rico under section 505(g), of such Act shall 
not apply for purposes of this Act): Provided, That section 
1106 of this Act shall not apply to funds provided under 
this heading. 
COMMUNITY ORIENTED POLICING SERVICES 
For an additional amount for ‘‘Community Oriented 
Policing Services’’, $1,000,000,000, to be available for 
grants under section 1701 of title I of the 1968 Act (42 
U.S.C. 3796dd) for the hiring and rehiring of additional 
career law enforcement officers under part Q of such title 
notwithstanding subsection (i) of such section: Provided, 
That for peer-reviewed grants made under this heading, 
the time limitation provided in section 1103(b) of this Act 
shall be 120 days. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 3201. WAIVER OF MATCHING REQUIREMENT AND SAL-
ARY LIMIT UNDER COPS PROGRAM. 
Sections 1701(g) and 1704(c) of the Omnibus Crime 
Control and Safe Street Act of 1968 (42 U.S.C. 
3796dd(g) and 3796dd–3(c)) shall not apply with respect 
to funds appropriated in this or any other Act making ap-
propriations for fiscal year 2009 or 2010 for Community 
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Oriented Policing Services authorized under part Q of 
such Act of 1968. 
Subtitle C—Science 
NATIONAL AERONAUTICS AND SPACE 
ADMINISTRATION 
SCIENCE 
For 
an 
additional 
amount 
for 
‘‘Science’’, 
$400,000,000, of which not less than $250,000,000 shall 
be solely for accelerating the development of the tier 1 set 
of Earth science climate research missions recommended 
by the National Academies Decadal Survey. 
AERONAUTICS 
For an additional amount for ‘‘Aeronautics’’, 
$150,000,000. 
CROSS AGENCY SUPPORT PROGRAMS 
For an additional amount for ‘‘Cross Agency Support 
Programs’’, for necessary expenses for restoration and 
mitigation of National Aeronautics and Space Administra-
tion owned infrastructure and facilities related to the con-
sequences of hurricanes, floods, and other natural disas-
ters occurring during 2008 for which the President de-
clared a major disaster under title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act of 
1974, $50,000,000. 
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NATIONAL SCIENCE FOUNDATION 
RESEARCH AND RELATED ACTIVITIES 
For an additional amount for ‘‘Research and Related 
Activities’’, $2,500,000,000: Provided, That $300,000,000 
shall be available solely for the Major Research Instru-
mentation program and $200,000,000 shall be for activi-
ties authorized by title II of Public Law 100–570 for aca-
demic research facilities modernization: Provided, That for 
peer-reviewed grants made under this heading, the time 
limitation provided in section 1103(b) of this Act shall be 
120 days. 
EDUCATION AND HUMAN RESOURCES 
For an additional amount for ‘‘Education and 
Human Resources’’, $100,000,000: Provided, That 
$60,000,000 shall be for activities authorized by section 
7030 of Public Law 110–69 and $40,000,000 shall be for 
activities authorized by section 9 of the National Science 
Foundation Authorization Act of 2002 (42 U.S.C. 1862n). 
MAJOR RESEARCH EQUIPMENT AND FACILITIES 
CONSTRUCTION 
For an additional amount for ‘‘Major Research 
Equipment and Facilities Construction’’, $400,000,000, 
which shall be available only for approved projects. 
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TITLE IV—DEFENSE 
DEPARTMENT OF DEFENSE 
FACILITY INFRASTRUCTURE INVESTMENTS, DEFENSE 
For expenses, not otherwise provided for, to improve, 
repair and modernize Department of Defense facilities, re-
store and modernize Army barracks, and invest in the en-
ergy efficiency of Department of Defense facilities, 
$4,500,000,000, for Facilities Sustainment, Restoration 
and Modernization programs of the Department of De-
fense (including minor construction and major mainte-
nance and repair), which shall be available as follows: 
(1) ‘‘Operation and Maintenance, Army’’, 
$1,490,804,000. 
(2) 
‘‘Operation 
and 
Maintenance, 
Navy’’, 
$624,380,000. 
(3) 
‘‘Operation 
and 
Maintenance, 
Marine 
Corps’’, $128,499,000. 
(4) ‘‘Operation and Maintenance, Air Force’’, 
$1,236,810,000. 
(5) ‘‘Defense Health Program’’, $454,658,000. 
(6) ‘‘Operation and Maintenance, Army Re-
serve’’, $110,899,000. 
(7) ‘‘Operation and Maintenance, Navy Re-
serve’’, $62,162,000. 
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(8) ‘‘Operation and Maintenance, Marine Corps 
Reserve’’, $45,038,000. 
(9) ‘‘Operation and Maintenance, Air Force Re-
serve’’, $14,881,000. 
(10) ‘‘Operation and Maintenance, Army Na-
tional Guard’’, $302,700,000. 
(11) ‘‘Operation and Maintenance, Air National 
Guard’’, $29,169,000. 
ENERGY RESEARCH AND DEVELOPMENT, DEFENSE 
For expenses, not otherwise provided for, for re-
search, development, test and evaluation programs for im-
provements in energy generation, transmission, regulation, 
use, and storage, for military installations, military vehi-
cles, and other military equipment, $350,000,000, which 
shall be available as follows: 
(1) ‘‘Research, Development, Test and Evalua-
tion, Army’’, $87,500,000. 
(2) ‘‘Research, Development, Test and Evalua-
tion, Navy’’, $87,500,000. 
(3) ‘‘Research, Development, Test and Evalua-
tion, Air Force’’, $87,500,000. 
(4) ‘‘Research, Development, Test and Evalua-
tion, Defense-Wide’’, $87,500,000 
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TITLE V—ENERGY AND WATER 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, 
$2,000,000,000: Provided, That section 102 of Public 
Law 109–103 (33 U.S.C. 2221) shall not apply to funds 
provided in this paragraph: Provided further, That not-
withstanding any other provision of law, funds provided 
in this paragraph shall not be cost shared with the Inland 
Waterways Trust Fund as authorized in Public Law 99– 
662: Provided further, That funds provided in this para-
graph may only be used for programs, projects or activities 
previously funded: Provided further, That the Corps of En-
gineers is directed to prioritize funding for activities based 
on the ability to accelerate existing contracts or fully fund 
project elements and contracts for such elements in a time 
period of 2 years after the date of enactment of this Act 
giving preference to projects and activities that are labor 
intensive: Provided further, That funds provided in this 
paragraph shall be used for elements of projects, programs 
or activities that can be completed using funds provided 
herein: Provided further, That funds appropriated in this 
paragraph may be used by the Secretary of the Army, act-
ing through the Chief of Engineers, to undertake work au-
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thorized to be carried out in accordance with one or more 
of 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 Devel-
opment Act of 1996 (33 U.S.C. 2330), and section 1135 
of the Water Resources Development Act of 1986 (33 
U.S.C. 2309a), notwithstanding the program cost limita-
tions set forth in those sections: Provided further, That 
the limitation concerning total project costs in section 902 
of the Water Resources Development Act of 1986, as 
amended (33 U.S.C. 2280), shall not apply during fiscal 
year 2009 to any project that received funds provided in 
this title: Provided further, That for projects that are 
being completed with funds appropriated in this Act that 
are otherwise expired or lapsed for obligation, expired or 
lapsed funds appropriated in this Act may be used to pay 
the cost of associated supervision, inspection, overhead, 
engineering and design on those projects and on subse-
quent claims, if any: Provided further, That the Secretary 
of the Army shall submit a quarterly report to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate detailing the allocation, obligation and ex-
penditures of these funds, beginning not later than 45 
days after enactment of this Act. 
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MISSISSIPPI RIVER AND TRIBUTARIES 
For an additional amount for ‘‘Mississippi River and 
Tributaries’’, $250,000,000: Provided, That funds pro-
vided in this paragraph may only be used for programs, 
projects, or activities previously funded: Provided further, 
That the Corps of Engineers is directed to prioritize fund-
ing for activities based on the ability to accelerate existing 
contracts or fully fund project elements and contracts for 
such elements in a time period of 2 years after the date 
of enactment of this Act giving preference to projects and 
activities that are labor intensive: Provided further, That 
funds provided in this paragraph shall be used for ele-
ments of projects, programs, or activities that can be com-
pleted using funds provided herein: Provided further, That 
for projects that are being completed with funds appro-
priated in this Act that are otherwise expired or lapsed 
for obligation, expired or lapsed funds appropriated in this 
Act may be used to pay the cost of associated supervision, 
inspection, overhead, engineering and design on those 
projects and on subsequent claims, if any: Provided fur-
ther, That the Secretary of the Army shall submit a quar-
terly report to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the al-
location, obligation and expenditures of these funds, begin-
ning not later than 45 days after enactment of this Act. 
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OPERATION AND MAINTENANCE 
For an additional amount for ‘‘Operation and Main-
tenance’’, $2,225,000,000: Provided, That the Corps of 
Engineers is directed to prioritize funding for activities 
based on the ability to accelerate existing contracts or fully 
fund project elements and contracts for such elements in 
a time period of 2 years after the date of enactment of 
this Act giving preference to projects and activities that 
are labor intensive: Provided further, That funds provided 
in this paragraph shall be used for elements of projects, 
programs, or activities that can be completed using funds 
provided herein: Provided further, That for projects that 
are being completed with funds appropriated in this Act 
that are otherwise expired or lapsed for obligation, expired 
or lapsed funds appropriated in this Act may be used to 
pay the cost of associated supervision, inspection, over-
head, engineering and design on those projects and on 
subsequent claims, if any: Provided further, That the Sec-
retary of the Army shall submit a quarterly report to the 
Committees on Appropriations of the House of Represent-
atives and the Senate detailing the allocation, obligation 
and expenditures of these funds, beginning not later than 
45 days after enactment of this Act. 
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REGULATORY PROGRAM 
For an additional amount for ‘‘Regulatory Program’’, 
$25,000,000. 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
WATER AND RELATED RESOURCES 
For an additional amount for ‘‘Water and Related 
Resources’’, $500,000,000: Provided, That of the amount 
appropriated 
under 
this 
heading, 
not 
less 
than 
$126,000,000 shall be used for water reclamation and 
reuse projects authorized under title XVI of Public Law 
102–575: Provided further, That of the amount appro-
priated under this heading, not less than $80,000,000 
shall be used for rural water projects and these funds shall 
be expended primarily on water intake and treatment fa-
cilities of such projects: Provided further, That the costs 
of reimbursable activities, other than for maintenance and 
rehabilitation, carried out with funds made available under 
this heading shall be repaid pursuant to existing authori-
ties 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 ex-
isting authority, except the length of repayment period 
shall be determined on needs-based criteria to be estab-
lished and adopted by the Commissioner of the Bureau 
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of Reclamation, but in no case shall the repayment period 
exceed 25 years. 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For an additional amount for ‘‘Energy Efficiency and 
Renewable Energy’’, $18,500,000,000, which shall be used 
as follows: 
(1) $2,000,000,000 shall be for expenses nec-
essary for energy efficiency and renewable energy re-
search, development, demonstration and deployment 
activities, to accelerate the development of tech-
nologies, to include advanced batteries, of which not 
less 
than 
$800,000,000 
is 
for 
biomass 
and 
$400,000,000 is for geothermal technologies. 
(2) $500,000,000 shall be for expenses nec-
essary to implement the programs authorized under 
part E of title III of the Energy Policy and Con-
servation Act (42 U.S.C. 6341 et seq.). 
(3) $1,000,000,000 shall be for the cost of 
grants to institutional entities for energy sustain-
ability and efficiency under section 399A of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6371h–1). 
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(4) $6,200,000,000 shall be for the Weatheriza-
tion Assistance Program under part A of title IV of 
the Energy Conservation and Production Act (42 
U.S.C. 6861 et seq.). 
(5) $3,500,000,000 shall be for Energy Effi-
ciency and Conservation Block Grants, for imple-
mentation 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.). 
(6) $3,400,000,000 shall be for the State En-
ergy Program authorized under part D of title III 
of the Energy Policy and Conservation Act (42 
U.S.C. 6321). 
(7) $200,000,000 shall be for expenses nec-
essary to implement the programs authorized under 
section 131 of the Energy Independence and Secu-
rity Act of 2007 (42 U.S.C. 17011). 
(8) $300,000,000 shall be for expenses nec-
essary to implement the program authorized under 
section 124 of the Energy Policy Act of 2005 (42 
U.S.C. 15821) and the Energy Star program. 
(9) $400,000,000 shall be for expenses nec-
essary to implement the program authorized under 
section 721 of the Energy Policy Act of 2005 (42 
U.S.C. 16071). 
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(10) $1,000,000,000 shall be for expenses nec-
essary for the manufacturing of advanced batteries 
authorized under section 136(b)(1)(B) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17013(b)(1)(B)): 
Provided, 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 Sec-
retary of Energy may, upon a determination that there 
is a severe shortage of candidates or a critical hiring need 
for particular positions, 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. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For an additional amount for ‘‘Electricity Delivery 
and Energy Reliability,’’ $4,500,000,000: Provided, That 
funds shall be available for expenses necessary for elec-
tricity delivery and energy reliability activities to mod-
ernize the electric grid, enhance security and reliability of 
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100 
HR 1 RDS 
the energy infrastructure, energy storage research, devel-
opment, demonstration and deployment, and facilitate re-
covery from disruptions to the energy supply, and for im-
plementation of programs authorized under title XIII of 
the Energy Independence and Security Act of 2007 (42 
U.S.C. 17381 et seq.): Provided further, That of such 
amounts, $100,000,000 shall be for worker training: Pro-
vided further, That the Secretary of Energy may use or 
transfer amounts provided under this heading to carry out 
new authority for transmission improvements, if such au-
thority is enacted in any subsequent Act, consistent with 
existing fiscal management practices and procedures. 
ADVANCED BATTERY LOAN GUARANTEE PROGRAM 
For the cost of guaranteed loans as authorized by 
section 135 of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17012), $1,000,000,000, to remain 
available until expended: Provided, That of such amount, 
$10,000,000 shall be used for administrative expenses in 
carrying out the guaranteed loan program, and shall be 
in lieu of the amount set aside under section 1106 of this 
Act: Provided further, That the cost of such loans, includ-
ing the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974. 
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101 
HR 1 RDS 
INSTITUTIONAL LOAN GUARANTEE PROGRAM 
For the cost of guaranteed loans as authorized by 
section 399A of the Energy Policy and Conservation Act 
(42 U.S.C. 6371h–1), $500,000,000: Provided, That of 
such amount, $10,000,000 shall be used for administra-
tive expenses in carrying out the guaranteed loan pro-
gram, and shall be in lieu of the amount set aside under 
section 1106 of this Act: Provided further, That the cost 
of such loans, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional 
Budget Act of 1974. 
INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM 
For an additional amount for ‘‘Innovative Technology 
Loan Guarantee Program’’ for the cost of guaranteed 
loans authorized by section 1705 of the Energy Policy Act 
of 2005, $8,000,000,000: Provided, That of such amount, 
$25,000,000 shall be used for administrative expenses in 
carrying out the guaranteed loan program, and shall be 
in lieu of the amount set aside under section 1106 of this 
Act: Provided further, That the cost of such loans, includ-
ing the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974. 
FOSSIL ENERGY 
For an additional amount for ‘‘Fossil Energy’’, 
$2,400,000,000 for necessary expenses to demonstrate 
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102 
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carbon capture and sequestration technologies as author-
ized under section 702 of the Energy Independence and 
Security Act of 2007. 
SCIENCE 
For 
an 
additional 
amount 
for 
‘‘Science’’, 
$2,000,000,000: Provided, That of such amounts, not less 
than $400,000,000 shall be used for the Advanced Re-
search Projects Agency—Energy authorized under section 
5012 of the America COMPETES Act (42 U.S.C. 16538): 
Provided further, That of such amounts, not less than 
$100,000,000 shall be used for advanced scientific com-
puting. 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For an additional amount for ‘‘Defense Environ-
mental Cleanup,’’ $500,000,000: Provided, That such 
amounts shall be used for elements of projects, programs, 
or activities that can be completed using funds provided 
herein. 
GENERAL PROVISIONS, THIS TITLE 
SEC. 5001. WESTERN AREA POWER ADMINISTRATION BOR-
ROWING AUTHORITY. 
The Hoover Power Plant Act of 1984 (Public Law 
98–381) is amended by adding at the end the following: 
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‘‘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)— 
‘‘(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 1 time) as, in the judg-
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ment of the Administrator, are from time to 
time required for the purpose of— 
‘‘(i) constructing, financing, facili-
tating, or studying construction of new or 
upgraded electric power transmission lines 
and related facilities with at least 1 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. 
‘‘(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 projects fi-
nanced under this section. 
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‘‘(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.— 
‘‘(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 
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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— 
‘‘(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 obliga-
tion to provide ancillary services to users of trans-
mission facilities developed under this section. 
‘‘(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— 
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‘‘(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 
‘‘(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. 
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‘‘(2) REQUESTS
FOR
INTERESTS.—In the 
course of selecting potential projects to be funded 
under this section, the Administrator shall seek re-
quests for interest from entities interested in identi-
fying potential projects through one or more notices 
published in the Federal Register.’’. 
SEC. 5002. BONNEVILLE POWER ADMINISTRATION. 
For the purposes of providing funds to assist in fi-
nancing the construction, acquisition, and replacement of 
the transmission system of the Bonneville Power Adminis-
tration and to implement the authority of the Adminis-
trator under the Pacific Northwest Electric Power Plan-
ning and Conservation Act (16 U.S.C. 839 et seq.), an 
additional $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. 5003. APPROPRIATIONS TRANSFER AUTHORITY. 
Not to exceed 20 percent of the amounts made avail-
able in this Act to the Department of Energy for ‘‘Energy 
Efficiency and Renewable Energy’’, ‘‘Electricity Delivery 
and Energy Reliability’’, and ‘‘Advanced Battery Loan 
Guarantee Program’’ may be transferred within and be-
tween such accounts, except that no amount specified 
under any such heading may be increased or decreased 
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by more than a total of 20 percent by such transfers, and 
notification of such transfers shall be submitted promptly 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate. 
TITLE VI—FINANCIAL SERVICES 
AND GENERAL GOVERNMENT 
Subtitle A—General Services 
GENERAL SERVICES ADMINISTRATION 
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, $7,700,000,000 for real property ac-
tivities with priority given to activities that can commence 
promptly following enactment of this Act; of which up to 
$1,000,000,000 shall be used for construction, repair, and 
alteration of border facilities and land ports of entry; of 
which not less than $6,000,000,000 shall be used for con-
struction, repair, and alteration of Federal buildings for 
projects that will create the greatest impact on energy effi-
ciency and conservation; of which $108,000,000 shall re-
main available until September 30, 2012, and shall be 
used for rental of space costs associated with the construc-
tion, repair, and alteration of these projects; Provided, 
That of the amounts provided, $160,000,000 shall remain 
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available until September 30, 2012, and shall be for build-
ing operations in support of the activities described in this 
paragraph: Provided further, That the preceding proviso 
shall apply to this appropriation in lieu of the provisions 
of section 1106 of this Act: Provided further, That the Ad-
ministrator of General Services is authorized to initiate 
design, construction, repair, alteration, leasing, and other 
projects through existing authorities of the Administrator: 
Provided further, That the Administrator shall submit a 
detailed plan, by project, regarding the use of funds to 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate within 30 days after enact-
ment of this Act, and shall provide notification to the 
Committees within 15 days prior to any changes regarding 
the use of these funds: Provided further, That the Admin-
istrator shall report to the Committees on the obligation 
of these funds on a quarterly basis beginning on June 30, 
2009: Provided further, That of the amounts provided, 
$4,000,000 shall be transferred to and merged with ‘‘Gov-
ernment-Wide Policy’’, for the Office of Federal High-Per-
formance Green Buildings as authorized in the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140). 
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HR 1 RDS 
ENERGY EFFICIENT FEDERAL MOTOR VEHICLE FLEET 
PROCUREMENT 
For capital expenditures and necessary expenses of 
the General Services Administration’s Motor Vehicle Ac-
quisition and Motor Vehicle Leasing programs for the ac-
quisition of motor vehicles, including plug-in and alter-
native fuel vehicles, $600,000,000: Provided, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 1 percent instead of the 
percentage specified in such section: Provided further, 
That none of these funds may be obligated until the Ad-
ministrator of General Services submits to the Committees 
on Appropriations of the House of Representatives and the 
Senate, within 90 days after enactment of this Act, a plan 
for expenditure of the funds that details the current inven-
tory of the Federal fleet owned by the General Services 
Administration, as well as other Federal agencies, and the 
strategy to expend these funds to replace a portion of the 
Federal fleet with the goal of substantially increasing en-
ergy efficiency over the current status, including increas-
ing fuel efficiency and reducing emissions: Provided fur-
ther, That the Administrator shall report to the Commit-
tees on the obligation of these funds on a quarterly basis 
beginning on June 30, 2009. 
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HR 1 RDS 
Subtitle B—Small Business 
SMALL BUSINESS ADMINISTRATION 
BUSINESS LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For the cost of direct loans and loan guarantees au-
thorized by sections 6202 through 6205 of this Act, 
$426,000,000: Provided, That such cost, including the 
cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974. In addition, 
for administrative expenses to carry out the direct loan 
and loan guarantee programs authorized by this Act, 
$4,000,000, which may be transferred to and merged with 
the appropriations for Salaries and Expenses: Provided, 
That this sentence shall apply to this appropriation in lieu 
of the provisions of section 1106 of this Act. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 6201. ECONOMIC STIMULUS LENDING PROGRAM FOR 
SMALL BUSINESSES. 
(a) PURPOSE.—The purpose of this section is to per-
mit the Small Business Administration to guarantee up 
to 95 percent of qualifying small business loans made by 
eligible lenders. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Small Business Administration. 
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HR 1 RDS 
(2) The term ‘‘qualifying small business loan’’ 
means any loan to a small business concern that 
would be eligible for a loan guarantee under section 
7(a) of the Small Business Act (15 U.S.C. 636) or 
title V of the Small Business Investment Act of 
1958 (15 U.S.C. 695 and following). 
(3) The term ‘‘small business concern’’ has the 
same meaning as provided by section 3 of the Small 
Business Act (15 U.S.C. 632). 
(c) APPLICATION.—In order to participate in the loan 
guarantee program under this section a lender shall sub-
mit an application to the Administrator for the guarantee 
of up to 95 percent of the principal amount of a qualifying 
small business loan. The Administrator shall approve or 
deny each such application within 5 business days after 
receipt thereof. The Administrator may not delegate to 
lenders the authority to approve or disapprove such appli-
cations. 
(d) FEES.—The Administrator may charge fees for 
guarantees issued under this section. Such fees shall not 
exceed the fees permitted for loan guarantees under sec-
tion 7(a) of the Small Business Act (15 U.S.C. 631 and 
following). 
(e) INTEREST RATES.—The Administrator may not 
guarantee under this section any loan that bears interest 
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HR 1 RDS 
at a rate higher than 3 percent above the higher of either 
of the following as quoted in the Wall Street Journal on 
the first business day of the week in which such guarantee 
is issued: 
(1) 
The 
London 
interbank 
offered 
rate 
(LIBOR) for a 3-month period. 
(2) The Prime Rate. 
(f) QUALIFIED BORROWERS.— 
(1) ALIENS
UNLAWFULLY
PRESENT
IN
THE 
UNITED
STATES.—A loan guarantee may not be 
made under this section for a loan made to a con-
cern if an individual who is an alien unlawfully 
present in the United States— 
(A) has an ownership interest in that con-
cern; or 
(B) has an ownership interest in another 
concern that itself has an ownership interest in 
that concern. 
(2) FIRMS
IN
VIOLATION
OF
IMMIGRATION 
LAWS.—No loan guarantee may be made under this 
section for a loan to any entity found, based on a 
determination by the Secretary of Homeland Secu-
rity or the Attorney General to have engaged in a 
pattern or practice of hiring, recruiting or referring 
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HR 1 RDS 
for a fee, for employment in the United States an 
alien knowing the person is an unauthorized alien. 
(g) CRIMINAL BACKGROUND CHECKS.—Prior to the 
approval of any loan guarantee under this section, the Ad-
ministrator may verify the applicant’s criminal back-
ground, or lack thereof, through the best available means, 
including, if possible, use of the National Crime Informa-
tion Center computer system at the Federal Bureau of In-
vestigation. 
(h) APPLICATION OF OTHER LAW.—Nothing in this 
section shall be construed to exempt any activity of the 
Administrator under this section from the Federal Credit 
Reform Act of 1990 (title V of the Congressional Budget 
and Impoundment Control Act of 1974; 2 U.S.C. 661 and 
following). 
(i) SUNSET.—Loan guarantees may not be issued 
under this section after the date 90 days after the date 
of establishment (as determined by the Administrator) of 
the economic recovery program under section 6204. 
(j) SMALL BUSINESS ACT PROVISIONS.—The provi-
sions of the Small Business Act applicable to loan guaran-
tees under section 7 of that Act shall apply to loan guaran-
tees under this section except as otherwise provided in this 
section. 
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HR 1 RDS 
(k) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out 
this section. 
SEC. 6202. ESTABLISHMENT OF SBA SECONDARY MARKET 
LENDING AUTHORITY. 
(a) PURPOSE.—The purpose of this section is to pro-
vide the Small Business Administration with the authority 
to establish a Secondary Market Lending Authority within 
the SBA to make loans to the systemically important SBA 
secondary market broker-dealers who operate the SBA 
secondary market. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the SBA. 
(2) The term ‘‘SBA’’ means the Small Business 
Administration. 
(3) The terms ‘‘Secondary Market Lending Au-
thority’’ and ‘‘Authority’’ mean the office established 
under subsection (c). 
(4) The term ‘‘SBA secondary market’’ means 
the market for the purchase and sale of loans origi-
nated, underwritten, and closed under the Small 
Business Act. 
(5) The term ‘‘Systemically Important Sec-
ondary Market Broker-Dealers’’ mean those entities 
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HR 1 RDS 
designated under subsection (c)(1) as vital to the 
continued operation of the SBA secondary market 
by reason of their purchase and sale of the govern-
ment guaranteed portion of loans, or pools of loans, 
originated, underwritten, and closed under the Small 
Business Act. 
(c) RESPONSIBILITIES, AUTHORITIES, ORGANIZA-
TION, AND LIMITATIONS.— 
(1) DESIGNATION
OF
SYSTEMICALLY
IMPOR-
TANT
SBA
SECONDARY
MARKET
BROKER-DEAL-
ERS.—The Administrator shall establish a process to 
designate, in consultation with the Board of Gov-
ernors of the Federal Reserve and the Secretary of 
the Treasury, Systemically Important Secondary 
Market Broker-Dealers. 
(2) ESTABLISHMENT OF SBA SECONDARY MAR-
KET LENDING AUTHORITY.— 
(A) ORGANIZATION.— 
(i) The Administrator shall establish 
within the SBA an office to provide loans 
to Systemically Important Secondary Mar-
ket Broker-dealers to be used for the pur-
pose of financing the inventory of the gov-
ernment guaranteed portion of loans, origi-
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HR 1 RDS 
nated, underwritten, and closed under the 
Small Business Act or pools of such loans. 
(ii) The Administrator shall appoint a 
Director of the Authority who shall report 
to the Administrator. 
(iii) The Administrator is authorized 
to hire such personnel as are necessary to 
operate the Authority. 
(iv) The Administrator may contract 
such Authority operations as he determines 
necessary to qualified third-party compa-
nies or individuals. 
(v) The Administrator is authorized to 
contract with private sector fiduciary and 
custodial agents as necessary to operate 
the Authority. 
(B) LOANS.— 
(i) The Administrator shall establish 
by rule a process under which Systemically 
Important SBA Secondary Market Broker- 
Dealers designated under paragraph (1) 
may apply to the Administrator for loans 
under this section. 
(ii) The rule under clause (i) shall 
provide a process for the Administrator to 
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HR 1 RDS 
consider and make decisions regarding 
whether or not to extend a loan applied for 
under this section. Such rule shall include 
provisions to assure each of the following: 
(I) That loans made under this 
section are for the sole purpose of fi-
nancing the inventory of the govern-
ment guaranteed portion of loans, 
originated, underwritten, and closed 
under the Small Business Act or pools 
of such loans. 
(II) That loans made under this 
section are fully collateralized to the 
satisfaction of the Administrator. 
(III) That there is no limit to the 
frequency in which a borrower may 
borrow under this section unless the 
Administrator determines that doing 
so would create an undue risk of loss 
to the agency or the United States. 
(IV) That there is no limit on the 
size of a loan, subject to the discretion 
of the Administrator. 
(iii) Interest on loans under this sec-
tion shall not exceed the Federal Funds 
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HR 1 RDS 
target rate as established by the Federal 
Reserve Board of Governors plus 25 basis 
points. 
(iv) The rule under this section shall 
provide for such loan documents, legal cov-
enants, collateral requirements and other 
required documentation as necessary to 
protect the interests of the agency, the 
United States, and the taxpayer. 
(v) The Administrator shall establish 
custodial accounts to safeguard any collat-
eral pledged to the SBA in connection with 
a loan under this section. 
(vi) The Administrator shall establish 
a process to disburse and receive funds to 
and from borrowers under this section. 
(C) LIMITATIONS ON USE OF LOAN PRO-
CEEDS
BY
SYSTEMICALLY
IMPORTANT
SEC-
ONDARY MARKET BROKER-DEALERS.—The Ad-
ministrator shall ensure that borrowers under 
this section are using funds provided under this 
section only for the purpose specified in sub-
paragraph (B)(ii)(I). If the Administrator finds 
that such funds were used for any other pur-
pose, the Administrator shall— 
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HR 1 RDS 
(i) require immediate repayment of 
outstanding loans; 
(ii) prohibit the borrower, its affili-
ates, or any future corporate manifestation 
of the borrower from using the Authority; 
and 
(iii) take any other actions the Ad-
ministrator, in consultation with the Attor-
ney General of the United States, deems 
appropriate. 
(d) REPORT TO CONGRESS.—The Administrator shall 
submit a report to Congress not later than the third busi-
ness day of each month containing a statement of each 
of the following: 
(1) The aggregate loan amounts extended dur-
ing the preceding month under this section. 
(2) The aggregate loan amounts repaid under 
this section during the proceeding month. 
(3) The aggregate loan amount outstanding 
under this section. 
(4) The aggregate value of assets held as collat-
eral under this section. 
(5) The amount of any defaults or delinquencies 
on loans made under this section. 
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HR 1 RDS 
(6) The identity of any borrower found by the 
Administrator to misuse funds made available under 
this section. 
(7) Any other information the Administrator 
deems necessary to fully inform Congress of undue 
risk of financial loss to the United States in connec-
tion with loans made under this section. 
(e) DURATION.—The authority of this section shall 
remain in effect for a period of 2 years after the date of 
enactment of this section. 
(f) FUNDING.—Such sums as necessary are author-
ized to be appropriated to carry out the provisions of this 
section. 
(g) BUDGET TREATMENT.—Nothing in this section 
shall be construed to exempt any activity of the Adminis-
trator under this section from the Federal Credit Reform 
Act of 1990 (title V of the Congressional Budget and Im-
poundment Control Act of 1974; 2 U.S.C. 661 and fol-
lowing). 
(h) EMERGENCY RULEMAKING AUTHORITY.—The 
Administrator shall promulgate regulations under this sec-
tion within 15 days after the date of enactment of enact-
ment of this section. In promulgating these regulations, 
the Administrator the notice requirements of section 
553(b) of title 5 of the United States Code shall not apply. 
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HR 1 RDS 
SEC. 6203. ESTABLISHMENT OF SBA SECONDARY MARKET 
GUARANTEE AUTHORITY. 
(a) PURPOSE.—The purpose of this section is to pro-
vide the Administrator with the authority to establish the 
SBA Secondary Market Guarantee Authority within the 
SBA to provide a Federal guarantee for pools of first lien 
504 loans that are to be sold to third-party investors. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Small Business Administration. 
(2) The term ‘‘first lien position 504 loan’’ 
means the first mortgage position, non-federally 
guaranteed loans made by private sector lenders 
made under title V of the Small Business Invest-
ment Act. 
(c) ESTABLISHMENT OF AUTHORITY.— 
(1) ORGANIZATION.— 
(A) The Administrator shall establish a 
Secondary Market Guarantee Authority within 
the Small Business Administration. 
(B) The Administrator shall appoint a Di-
rector of the Authority who shall report to the 
Administrator. 
(C) The Administrator is authorized to 
hire such personnel as are necessary to operate 
the Authority and may contract such operations 
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HR 1 RDS 
(3) RESPONSIBILITIES.— 
(A) The Administrator shall establish, by 
rule, a process in which private sector entities 
may apply to the SBA for a Federal guarantee 
on pools of first lien position 504 loans that are 
to be sold to third-party investors. 
(B) The rule under this section shall pro-
vide for a process for the Administrator to con-
sider and make decisions regarding whether to 
extend a Federal guarantee referred to in 
clause (i). Such rule shall also provide that: 
(i) The seller of the pools purchasing 
a guarantee under this section retains not 
less than 5 percent of the dollar amount of 
the pools to be sold to third-party inves-
tors. 
(ii) The seller of such pools shall ab-
sorb any and all losses resulting from a 
shortage or excess of monthly cash flows. 
(iii) The Administrator shall receive a 
monthly fee of not more than 50 basis 
points on the outstanding balance of the 
dollar amount of the pools that are guar-
anteed. 
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HR 1 RDS 
(iv) The Administrator may guarantee 
not more than $3,000,000,0000 of pools 
under this authority. 
(C) The Administrator shall establish doc-
uments, legal covenants, and other required 
documentation to protect the interests of the 
United States. 
(D) The Administrator shall establish a 
process to receive and disburse funds to entities 
under the authority established in this section. 
(d) LIMITATIONS.— 
(1) The Administrator shall ensure that entities 
purchasing a guarantee under this section are using 
such guarantee for the purpose of selling 504 first 
lien position pools to third-party investors. 
(2) If the Administrator finds that any such 
guarantee was used for a purpose other than that 
specified in paragraph (1), the Administrator shall— 
(A) terminate such guarantee immediately, 
(B) prohibit the purchaser of the guar-
antee or its affiliates (within the meaning of the 
regulations under 13 CFR 121.103) from using 
the authority of this section in the future; and 
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HR 1 RDS 
(C) take any other actions the Adminis-
trator, in consultation with the Attorney Gen-
eral of the United States deems appropriate. 
(e) OVERSIGHT.—The Administrator shall submit a 
report to Congress not later than the third business day 
of each month setting forth each of the following: 
(1) The aggregate amount of guarantees ex-
tended under this section during the proceeding 
month. 
(2) The aggregate amount of guarantees out-
standing. 
(3) Defaults and payments on defaults made 
under this section. 
(4) The identity of each purchaser of a guar-
antee found by the Administrator to have misused 
guarantees under this section. 
(5) Any other information the Administrator 
deems necessary to fully inform Congress of undue 
risk to the United States associated with the 
issuance of guarantees under this section. 
(f) DURATION OF PROGRAM.—The authority of this 
section shall terminate on the date 2 years after the date 
of enactment of this section. 
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128 
HR 1 RDS 
(g) FUNDING.—Such sums as necessary are author-
ized to be appropriated to carry out the provisions of this 
section. 
(h) BUDGET TREATMENT.—Nothing in this section 
shall be construed to exempt any activity of the Adminis-
trator under this section from the Federal Credit Reform 
Act of 1990 (title V of the Congressional Budget and Im-
poundment Control Act of 1974; 2 U.S.C. 661 and fol-
lowing). 
(i) EMERGENCY
RULEMAKING
AUTHORITY.—The 
Administrator shall issue regulations under this section 
within 15 days after the date of enactment of this section. 
The notice requirements of section 553(b) of Title 5, 
United States Code shall not apply to the promulgation 
of such regulations. 
SEC. 6204. ECONOMIC RECOVERY PROGRAM. 
(a) PURPOSE.—The purpose of this section is to es-
tablish a new lending and refinancing authority within the 
Small Business Administration. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Small Business Administration. 
(2) The term ‘‘small business concern’’ has the 
same meaning as provided by section 3 of the Small 
Business Act (15 U.S.C. 632). 
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HR 1 RDS 
(c) REFINANCING AUTHORITY.— 
(1) IN
GENERAL.—Upon application from a 
lender (and with consent of the borrower), the Ad-
ministrator may refinance existing non-Small Busi-
ness Administration or Small Business Administra-
tion loans (including loans under sections 7(a) and 
504 of the Small Business Act) made to small busi-
ness concerns. 
(2) ELIGIBLE LOANS.—In order to be eligible 
for refinancing under this section— 
(A) the amount of the loan refinanced may 
not exceed $10,000,000 and a first lien must be 
conveyed to the Administrator; 
(B) the lender shall offer to accept from 
the Administrator as full repayment of the loan 
an amount equal to less than 100 percent but 
more than 85 percent of the remaining balance 
of the principal of the loan; and 
(C) the loan to be refinanced was made be-
fore the date of enactment of this Act and for 
a purpose that would have been eligible for a 
loan under any Small Business Administration 
lending program. 
(3) TERMS.—The term of the refinancing by 
the Administrator under this section shall not be 
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HR 1 RDS 
less than remaining term on the loan that is refi-
nanced but shall not exceed a term of 20 years. The 
rate of interest on the loan refinanced under this 
section shall be fixed by the Administrator at a level 
that the Administrator determines will result in 
manageable monthly payments for the borrower. 
(4) LIMIT.—The Administrator may not refi-
nance amounts under this section that are greater 
than the amount the lender agrees to accept from 
the Administrator as full repayment of the loan as 
provided in paragraph (2)(B). 
(d) UNDERWRITING AND OTHER LOAN SERVICES.— 
(1) IN
GENERAL.—The Administrator is au-
thorized to engage in underwriting, loan closing, 
funding, and servicing of loans made to small busi-
ness concerns and to guarantee loans made by other 
entities to small business concerns. 
(2) APPLICATION
PROCESS.—The Adminis-
trator shall by rule establish a process in which 
small business concerns may submit applications to 
the Administrator for the purposes of securing a 
loan under this subsection. The Administrator shall, 
at a minimum, collect all information necessary to 
determine the creditworthiness and repayment abil-
ity of the borrower. 
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HR 1 RDS 
gram under section 7(a)(2)(C)(ii) of the Small 
Business Act (15 U.S.C. 636). 
(E) If a lender described in subparagraph 
(C) or (D) does not agree to originate, under-
write, close, and service such loans within 10 
business days of receiving the loan applications, 
the Administrator may originate, underwrite, 
close, and service such loans as described in 
paragraph (1) of this subsection. 
(4) ASSET
SALES.—The Administrator shall 
offer to sell loans made or refinanced by the Admin-
istrator under this section. Such sales shall be made 
through semi-annual public solicitation (in the Fed-
eral Register and in other media) of offers to pur-
chase. The Administrator may contract with vendors 
for due diligence, asset valuation, and other services 
related to such sales. The Administrator may not 
sell any loan under this section for less than 90 per-
cent of the net present value of the loan, as deter-
mined and certified by a qualified third-party. 
(5) LOANS
NOT
SOLD.—The Administrator 
shall maintain and service loans made by the Admin-
istrator under this section that are not sold through 
the asset sales under this section. 
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HR 1 RDS 
(e) DURATION.— The authority of this section shall 
terminate on the date two years after the date on which 
the program under this section becomes operational (as 
determined by the Administrator). 
(f) APPLICATION OF OTHER LAW.—Nothing in this 
section shall be construed to exempt any activity of the 
Administrator under this section from the Federal Credit 
Reform Act of 1990 (title V of the Congressional Budget 
and Impoundment Control Act of 1974; 2 U.S.C. 661 and 
following). 
(g) QUALIFIED LOANS.— 
(1) ALIENS
UNLAWFULLY
PRESENT
IN
THE 
UNITED STATES.—A loan to any concern shall not 
be subject to this section if an individual who is an 
alien unlawfully present in the United States— 
(A) has an ownership interest in that con-
cern; or 
(B) has an ownership interest in another 
concern that itself has an ownership interest in 
that concern. 
(2) FIRMS
IN
VIOLATION
OF
IMMIGRATION 
LAWS.—No loan shall be subject to this section if 
the borrower is an entity found, based on a deter-
mination by the Secretary of Homeland Security or 
the Attorney General to have engaged in a pattern 
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HR 1 RDS 
or practice of hiring, recruiting or referring for a 
fee, for employment in the United States an alien 
knowing the person is an unauthorized alien. 
(h) REPORTS.—The Administrator shall submit a re-
port to Congress semi-annually setting forth the aggregate 
amount of loans and geographic dispersion of such loans 
made, underwritten, closed, funded, serviced, sold, guaran-
teed, or held by the Administrator under the authority of 
this section. Such report shall also set forth information 
concerning loan defaults, prepayments, and recoveries re-
lated to loans ,made under the authority of this section. 
(i) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out 
this section. 
SEC. 6205. STIMULUS FOR COMMUNITY DEVELOPMENT 
LENDING. 
(a) REFINANCING UNDER
THE LOCAL DEVELOP-
MENT BUSINESS LOAN PROGRAM.—Section 502 of the 
Small Business Investment Act of 1958 (15 U.S.C. 696) 
is amended by adding at the end the following: 
‘‘(7) PERMISSIBLE DEBT REFINANCING.— 
‘‘(A) IN
GENERAL.—Any financing ap-
proved under this title may include a limited 
amount of debt refinancing. 
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HR 1 RDS 
‘‘(B) EXPANSIONS.—If the project involves 
expansion of a small business concern which 
has existing indebtedness collateralized by fixed 
assets, any amount of existing indebtedness 
that does not exceed 1⁄2 of the project cost of 
the expansion may be refinanced and added to 
the expansion cost, if— 
‘‘(i) the proceeds of the indebtedness 
were used to acquire land, including a 
building situated thereon, to construct a 
building thereon, or to purchase equip-
ment; 
‘‘(ii) the borrower has been current on 
all payments due on the existing debt for 
not less than 1 year preceding the date of 
refinancing; and 
‘‘(iii) the financing under section 504 
will provide better terms or rate of interest 
than exists on the debt at the time of refi-
nancing.’’. 
(b) JOB CREATION GOALS.—Section 501(e)(1) and 
section 501(e)(2) of the Small Business Investment Act 
(15 U.S.C. 695) are each amended by striking ‘‘$50,000’’ 
and inserting ‘‘$65,000’’. 
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HR 1 RDS 
SEC. 6206. INCREASING SMALL BUSINESS INVESTMENT. 
(a) SIMPLIFIED MAXIMUM LEVERAGE LIMITS.—Sec-
tion 303(b) of the Small Business Investment Act of 1958 
(15 U.S.C. 683(b)) is amended— 
(1) by striking so much of paragraph (2) as 
precedes subparagraphs (C) and (D) and inserting 
the following: 
‘‘(2) MAXIMUM LEVERAGE.— 
‘‘(A) 
IN
GENERAL.—The 
maximum 
amount of outstanding leverage made available 
to any one company licensed under section 
301(c) of this Act may not exceed the lesser 
of— 
‘‘(i) 300 percent of such company’s 
private capital; or 
‘‘(ii) $150,000,000. 
‘‘(B) MULTIPLE
LICENSES
UNDER
COM-
MON CONTROL.—The maximum amount of out-
standing leverage made available to two or more 
companies licensed under section 301(c) of this 
Act that are commonly controlled (as deter-
mined by the Administrator) and not under 
capital 
impairment 
may 
not 
exceed 
$225,000,000.’’; and 
(2) by striking paragraph (4). 
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(b) SIMPLIFIED AGGREGATE INVESTMENT LIMITA-
TIONS.—Section 306(a) of the Small Business Investment 
Act of 1958 (15 U.S.C. 686(a)) is amended to read as 
follows: 
‘‘(a) PERCENTAGE LIMITATION ON PRIVATE CAP-
ITAL.—If any small business investment company has ob-
tained financing from the Administrator and such financ-
ing remains outstanding, the aggregate amount of securi-
ties acquired and for which commitments may be issued 
by such company under the provisions of this title for any 
single enterprise shall not, without the approval of the Ad-
ministrator, exceed 10 percent of the sum of— 
‘‘(1) the private capital of such company; and 
‘‘(2) the total amount of leverage projected by 
the company in the company’s business plan that 
was approved by the Administrator at the time of 
the grant of the company’s license.’’. 
SEC. 6207. GAO REPORT. 
(a) REPORT.—Not later than 30 days after the enact-
ment of this Act, the Comptroller General of the United 
States shall report to the Congress on the actions of the 
Administrator in implementing the authority established 
in sections 6201 through 6206 of this Act. 
(b) INCLUDED ITEM.—The report under this section 
shall include a summary of the activity of the Adminis-
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trator under this section and an analysis of whether he 
is accomplishing the purpose of increasing liquidity in the 
secondary market for Small Business Administration 
loans. 
TITLE VII—HOMELAND 
SECURITY 
DEPARTMENT OF HOMELAND SECURITY 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $100,000,000, for non-intrusive detection tech-
nology to be deployed at sea ports of entry. 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, 
$150,000,000, to repair and construct inspection facilities 
at land border ports of entry. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For an additional amount for ‘‘Aviation Security’’, 
$500,000,000, for the purchase and installation of explo-
sive detection systems and emerging checkpoint tech-
nologies: Provided, That the Assistant Secretary of Home-
land Security (Transportation Security Administration) 
shall prioritize the award of these funds to accelerate the 
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installations at locations with completed design plans and 
to expeditiously award new letters of intent. 
COAST GUARD 
ALTERATION OF BRIDGES 
For an additional amount for ‘‘Alteration of 
Bridges’’, $150,000,000, for alteration or removal of ob-
structive bridges, as authorized by section 6 of the Tru-
man-Hobbs Act (33 U.S.C. 516): Provided, That the 
Coast Guard shall award these funds to those bridges that 
are ready to proceed to construction. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
EMERGENCY FOOD AND SHELTER 
For an additional amount for ‘‘Emergency Food and 
Shelter’’, $200,000,000, to carry out the emergency food 
and shelter program pursuant to title III of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 11331 et 
seq.): Provided, That for the purposes of this appropria-
tion, the redistribution required by section 1104(b) shall 
be carried out by the Federal Emergency Management 
Agency and the National Board, who may reallocate and 
obligate any funds that are unclaimed or returned to the 
program: Provided further, That the amount set aside 
from this appropriation pursuant to section 1106 of this 
Act shall be 3.5 percent instead of the percentage specified 
in such section. 
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GENERAL PROVISIONS, THIS TITLE 
SEC. 7001. EXTENSION OF PROGRAMS. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended by striking ‘‘11-year period’’ and insert-
ing ‘‘16-year period’’. 
SEC. 7002. PROTECTION OF SOCIAL SECURITY ADMINIS-
TRATION PROGRAMS. 
(a) FUNDING UNDER AGREEMENT.—Effective for 
fiscal years beginning on or after October 1, 2008, the 
Commissioner of Social Security and the Secretary of 
Homeland Security shall enter into and maintain an 
agreement which shall— 
(1) provide funds to the Commissioner for the 
full costs of the responsibilities of the Commissioner 
under section 404 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), including (but not limited to)— 
(A) acquiring, installing, and maintaining 
technological equipment and systems necessary 
for the fulfillment of the responsibilities of the 
Commissioner under such section 404, but only 
that portion of such costs that are attributable 
exclusively to such responsibilities; and 
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(B) responding to individuals who contest 
a tentative nonconfirmation provided by the 
basic pilot confirmation system established 
under such section; 
(2) provide such funds quarterly in advance of 
the applicable quarter based on estimating method-
ology agreed to by the Commissioner and the Sec-
retary (except in such instances where the delayed 
enactment of an annual appropriation may preclude 
such quarterly payments); and 
(3) require an annual accounting and reconcili-
ation of the actual costs incurred and the funds pro-
vided under the agreement, which shall be reviewed 
by the Office of Inspector General of the Social Se-
curity Administration and the Department of Home-
land Security. 
(b) CONTINUATION OF EMPLOYMENT VERIFICATION 
IN ABSENCE OF TIMELY AGREEMENT.—In any case in 
which the agreement required under subsection (a) for any 
fiscal year beginning on or after October 1, 2008, has not 
been reached as of October 1 of such fiscal year, the latest 
agreement between the Commissioner and the Secretary 
of Homeland Security providing for funding to cover the 
costs of the responsibilities of the Commissioner under 
section 404 of the Illegal Immigration Reform and Immi-
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grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
shall be deemed in effect on an interim basis for such fis-
cal year until such time as an agreement required under 
subsection (a) is subsequently reached, except that the 
terms of such interim agreement shall be modified by the 
Director of the Office of Management and Budget to ad-
just for inflation and any increase or decrease in the vol-
ume of requests under the basic pilot confirmation system. 
In any case in which an interim agreement applies for any 
fiscal year under this subsection, the Commissioner and 
the Secretary shall, not later than October 1 of such fiscal 
year, notify the Committee on Ways and Means, the Com-
mittee on the Judiciary, and the Committee on Appropria-
tions of the House of Representatives and the Committee 
on Finance, the Committee on the Judiciary, and the 
Committee on Appropriations of the Senate of the failure 
to reach the agreement required under subsection (a) for 
such fiscal year. Until such time as the agreement re-
quired under subsection (a) has been reached for such fis-
cal year, the Commissioner and the Secretary shall, not 
later than the end of each 90-day period after October 
1 of such fiscal year, notify such Committees of the status 
of negotiations between the Commissioner and the Sec-
retary in order to reach such an agreement. 
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HR 1 RDS 
SEC. 7003. GAO STUDY OF BASIC PILOT CONFIRMATION 
SYSTEM. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study regarding erro-
neous tentative nonconfirmations under the basic pilot 
confirmation system established under section 404(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1324a note). 
(b) MATTERS TO BE STUDIED.—In the study re-
quired under subsection (a), the Comptroller General shall 
determine and analyze— 
(1) the causes of erroneous tentative noncon-
firmations under the basic pilot confirmation system; 
(2) the processes by which such erroneous ten-
tative nonconfirmations are remedied; and 
(3) the effect of such erroneous tentative non-
confirmations on individuals, employers, and Federal 
agencies. 
(c) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Comptroller General shall 
submit the results of the study required under subsection 
(a) to the Committee on Ways and Means and the Com-
mittee on the Judiciary of the House of Representatives 
and the Committee on Finance and the Committee on the 
Judiciary of the Senate. 
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SEC. 7004. GAO STUDY OF EFFECTS OF BASIC PILOT PRO-
GRAM ON SMALL ENTITIES. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committees on 
the Judiciary of the United States House of Representa-
tives and the Senate a report containing the Comptroller 
General’s analysis of the effects of the basic pilot program 
described in section 403(a) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) on small entities (as defined in section 601 
of title 5, United States Code). The report shall detail— 
(1) the costs of compliance with such program 
on small entities; 
(2) a description and an estimate of the number 
of small entities enrolled and participating in such 
program or an explanation of why no such estimate 
is available; 
(3) the projected reporting, recordkeeping and 
other compliance requirements of such program on 
small entities; 
(4) factors that impact small entities’ enroll-
ment and participation in such program, including 
access to appropriate technology, geography, entity 
size, and class of entity; and 
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(5) the steps, if any, the Secretary of Homeland 
Security has taken to minimize the economic impact 
of participating in such program on small entities. 
(b) DIRECT AND INDIRECT EFFECTS.—The report 
shall cover, and treat separately, direct effects (such as 
wages, time, and fees spent on compliance) and indirect 
effects (such as the effect on cash flow, sales, and competi-
tiveness). 
(c) SPECIFIC CONTENTS.—The report shall provide 
specific and separate details with respect to— 
(1) small businesses (as defined in section 601 
of title 5, United States Code) with fewer than 50 
employees; and 
(2) small entities operating in States that have 
mandated use of the basic pilot program. 
SEC. 7005. WAIVER OF MATCHING REQUIREMENT UNDER 
SAFER PROGRAM. 
Subparagraph (E) of section 34(a)(1) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 
2229a(a)(1)(E)) shall not apply with respect to funds ap-
propriated in this or any other Act making appropriations 
for fiscal year 2009 or 2010 for grants under such section 
34. 
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SEC. 7006. PROCUREMENT FOR DEPARTMENT OF HOME-
LAND SECURITY. 
(a) REQUIREMENT.—Except as provided in sub-
sections (c) through (e), funds appropriated or otherwise 
available to the Department of Homeland Security may 
not be used for the procurement of an item described in 
subsection (b) if the item is not grown, reprocessed, re-
used, or produced in the United States. 
(b) COVERED ITEMS.—An item referred to in sub-
section (a) is any of the following, if the item is directly 
related to the national security interests of the United 
States: 
(1) An article or item of— 
(A) clothing and the materials and compo-
nents thereof, other than sensors, electronics, or 
other items added to, and not normally associ-
ated with, clothing (and the materials and com-
ponents thereof); 
(B) tents, tarpaulins, or covers; 
(C) cotton and other natural fiber prod-
ucts, woven silk or woven silk blends, spun silk 
yarn for cartridge cloth, synthetic fabric or 
coated synthetic fabric (including all textile fi-
bers and yarns that are for use in such fabrics), 
canvas products, or wool (whether in the form 
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of fiber or yarn or contained in fabrics, mate-
rials, or manufactured articles); or 
(D) any item of individual equipment man-
ufactured from or containing such fibers, yarns, 
fabrics, or materials. 
(c) AVAILABILITY EXCEPTION.—Subsection (a) does 
not apply to the extent that the Secretary of Homeland 
Security determines that satisfactory quality and suffi-
cient quantity of any such article or item described in sub-
section (b)(1) grown, reprocessed, reused, or produced in 
the United States cannot be procured as and when needed. 
(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT-
SIDE
THE UNITED STATES.—Subsection (a) does not 
apply to the following: 
(1) Procurements by vessels in foreign waters. 
(2) Emergency procurements. 
(e) EXCEPTION
FOR
SMALL
PURCHASES.—Sub-
section (a) does not apply to purchases for amounts not 
greater than the simplified acquisition threshold referred 
to in section 2304(g) of title 10, United States Code. 
(f) APPLICABILITY
TO
CONTRACTS
AND
SUB-
CONTRACTS
FOR
PROCUREMENT
OF
COMMERCIAL 
ITEMS.—This section is applicable to contracts and sub-
contracts for the procurement of commercial items not-
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withstanding section 34 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 430). 
(g) GEOGRAPHIC COVERAGE.—In this section, the 
term ‘‘United States’’ includes the possessions of the 
United States. 
(h) NOTIFICATION
REQUIRED
WITHIN
7 DAYS 
AFTER CONTRACT AWARD IF CERTAIN EXCEPTIONS AP-
PLIED.—In the case of any contract for the procurement 
of an item described in subsection (b)(1), if the Secretary 
of Homeland Security applies an exception set forth in 
subsection (c) with respect to that contract, the Secretary 
shall, not later than 7 days after the award of the con-
tract, post a notification that the exception has been ap-
plied on the Internet site maintained by the General Serv-
ices Administration know as FedBizOps.gov (or any suc-
cessor site). 
(i) TRAINING DURING FISCAL YEAR 2008.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall ensure that each member of the acqui-
sition workforce in the Department of Homeland Se-
curity who participates personally and substantially 
in the acquisition of textiles on a regular basis re-
ceives training during fiscal year 2009 on the re-
quirements of this section and the regulations imple-
menting this section. 
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(2) INCLUSION
OF
INFORMATION
IN
NEW 
TRAINING PROGRAMS.—The Secretary shall ensure 
that any training program for the acquisition work 
force developed or implemented after the date of the 
enactment of this Act includes comprehensive infor-
mation on the requirements described in paragraph 
(1). 
(j) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.— 
(1) IN GENERAL.—No provision of this section 
shall apply to the extent the Secretary of Homeland 
Security, in consultation with the United States 
Trade Representative, determines that it is in incon-
sistent with United States obligations under an 
international agreement. 
(2) REPORT.—The Secretary of Homeland Se-
curity shall submit a report each year to Congress 
containing, with respect to the year covered by the 
report— 
(A) a list of each provision of this section 
that did not apply during that year pursuant to 
a determination by the Secretary under para-
graph (1); and 
(B) a list of each contract awarded by the 
Department of Homeland Security during that 
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year without regard to a provision in this sec-
tion because that provision was made inappli-
cable pursuant to such a determination. 
(k) EFFECTIVE DATE.—This section applies with re-
spect to contracts entered into by the Department of 
Homeland Security after the date of the enactment of this 
Act. 
TITLE VIII—INTERIOR AND 
ENVIRONMENT 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
CONSTRUCTION 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Construction’’, 
$325,000,000, for priority road, bridge, and trail repair 
or 
decommissioning, 
critical 
deferred 
maintenance 
projects, facilities construction and renovation, hazardous 
fuels reduction, and remediation of abandoned mine or 
well sites: Provided, That funds may be transferred to 
other appropriate accounts of the Bureau of Land man-
agement: Provided further, That the amount set aside 
from this appropriation pursuant to section 1106 of this 
Act shall be not more than 5 percent instead of the per-
centage specified in such section. 
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UNITED STATES FISH AND WILDLIFE SERVICE 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Construction’’, 
$300,000,000, for priority road and bridge repair and re-
placement, and critical deferred maintenance and improve-
ment projects on National Wildlife Refuges, National Fish 
Hatcheries, and other Service properties: Provided, That 
funds may be transferred to ‘‘Resource Management’’: 
Provided further, That the amount set aside from this ap-
propriation pursuant to section 1106 of this Act shall be 
not more than 5 percent instead of the percentage speci-
fied in such section. 
NATIONAL PARK SERVICE 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Construction’’, 
$1,700,000,000, for projects to address critical deferred 
maintenance needs within the National Park System, in-
cluding roads, bridges and trails, and for other critical in-
frastructure projects: Provided, That funds may be trans-
ferred to ‘‘Operation of the National Park System’’: Pro-
vided further, That $200,000,000 of these funds shall be 
for projects related to the preservation and repair of his-
torical and cultural resources within the National Park 
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System: Provided further, That $15,000,000 of these 
funds shall be transferred to the ‘‘Historic Preservation 
Fund’’ for historic preservation projects at historically 
black colleges and universities as authorized by the His-
toric Preservation Fund Act of 1996 and the Omnibus 
Parks and Public Lands Act of 1996, except that any 
matching requirements otherwise required for such 
projects are waived: Provided further, That the amount set 
aside from this appropriation pursuant to section 1106 of 
this Act shall be not more than 5 percent instead of the 
percentage specified in such section. 
CENTENNIAL CHALLENGE 
To carry out provisions of section 814(g) of Public 
Law 104–333 relating to challenge cost share agreements, 
$100,000,000, for National Park Service Centennial Chal-
lenge signature projects and programs: Provided, That not 
less than 50 percent of the total cost of each project or 
program is derived from non-Federal sources in the form 
of donated cash, assets, in-kind services, or a pledge of 
donation guaranteed by an irrevocable letter of credit: Pro-
vided further, That the amount set aside from this appro-
priation pursuant to section 1106 of this Act shall be not 
more than 5 percent instead of the percentage specified 
in such section. 
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UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’, $200,000,000, for repair and res-
toration of facilities; equipment replacement and upgrades 
including stream gages, and seismic and volcano moni-
toring systems; national map activities; and other critical 
deferred maintenance and improvement projects: Pro-
vided, That the amount set aside from this appropriation 
pursuant to section 1106 of this Act shall be not more 
than 5 percent instead of the percentage specified in such 
section. 
BUREAU OF INDIAN AFFAIRS 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Construction’’, 
$500,000,000, for priority repair and replacement of 
schools, detention centers, roads, bridges, employee hous-
ing, and critical deferred maintenance projects: Provided, 
That not less than $250,000,000 shall be used for new 
and replacement schools and detention centers: Provided 
further, That funds may be transferred to ‘‘Operation of 
Indian Programs’’: Provided further, That the amount set 
aside from this appropriation pursuant to section 1106 of 
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this Act shall be not more than 5 percent instead of the 
percentage specified in such section. 
ENVIRONMENTAL PROTECTION AGENCY 
HAZARDOUS SUBSTANCE SUPERFUND 
For an additional amount for ‘‘Hazardous Substance 
Superfund’’, $800,000,000, which shall be used for the 
Superfund Remedial program: Provided, That amounts 
available by law from this appropriation for management 
and administration shall take the place of the set-aside 
under section 1106 of this Act. 
LEAKING UNDERGROUND STORAGE TANK TRUST FUND 
PROGRAM 
For an additional amount for ‘‘Leaking Underground 
Storage Tank Trust Fund Program’’, to carry out leaking 
underground storage tank cleanup activities authorized by 
subtitle I of the Solid Waste Disposal Act, $200,000,000, 
which shall be used to carry out leaking underground stor-
age tank cleanup activities authorized by section 9003(h) 
of the Solid Waste Disposal Act, except that such funds 
shall not be subject to the State matching requirements 
in section 9003(h)(7)(B): Provided, That amounts avail-
able by law from this appropriation for management and 
administration shall take the place of the set-aside under 
section 1106 of this Act. 
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STATE AND TRIBAL ASSISTANCE GRANTS 
For an additional amount for ‘‘State and Tribal As-
sistance Grants’’, $8,400,000,000, which shall be used as 
follows: 
(1) $6,000,000,000 shall be for capitalization 
grants for the Clean Water State Revolving Funds 
under title VI of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1381 et seq.), except that such 
funds shall not be subject to the State matching re-
quirements in paragraphs (2) and (3) of section 
602(b) of such Act or to the Federal cost share limi-
tations in section 202 of such Act: Provided, That 
the amount set aside from this appropriation pursu-
ant to section 1106 of this Act shall be not more 
than 2 percent instead of the percentage specified in 
such section: Provided further, That, notwith-
standing the limitation on amounts specified in sec-
tion 518(c) of the Federal Water Pollution Control 
Act, up to a total of 1.5 percent of such funds may 
be reserved by the Administrator of the Environ-
mental Protection Agency for grants under section 
518(c) of such Act: Provided further, That the re-
quirements of section 513 of such Act shall apply to 
the construction of treatment works carried out in 
whole or in part with assistance made available 
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under this heading by a Clean Water State Revolv-
ing Fund under title VI of such Act, or with assist-
ance made available under section 205(m) of such 
Act, or both: Provided further, That, notwith-
standing the requirements of section 603(d) of such 
Act, each State shall use 50 percent of the amount 
of the capitalization grant received by the State 
under title VI of such Act to provide assistance, in 
the form of additional subsidization, including for-
giveness of principal, negative interest loans, and 
grants, to municipalities (as defined in section 502 
of such Act) for projects that are included on the 
State’s priority list established under section 603(g) 
of such Act, of which 80 percent shall be for projects 
to benefit municipalities that meet affordability cri-
teria as determined by the Governor of the State 
and 20 percent shall be for projects to address 
water-efficiency 
goals, 
address 
energy-efficiency 
goals, mitigate stormwater runoff, or encourage en-
vironmentally sensitive project planning, design, and 
construction, to the extent that there are sufficient 
project applications eligible for such assistance. 
(2) $2,000,000,000 shall be for capitalization 
grants for the Drinking Water State Revolving 
Funds under section 1452 of the Safe Drinking 
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Water Act (42 U.S.C. 300j–12), except that such 
funds shall not be subject to the State matching re-
quirements of section 1452(e) of such Act: Provided, 
That the amount set aside from this appropriation 
pursuant to section 1106 of this Act shall be not 
more than 2 percent instead of the percentage speci-
fied in such section: Provided further, That section 
1452(k) of the Safe Drinking Water Act shall not 
apply to such funds: Provided further, That the re-
quirements of section 1450(e) of such Act (42 
U.S.C. 300j–9(e)) shall apply to the construction 
carried out in whole or part with assistance made 
available under this heading by a Drinking Water 
State Revolving fund under section 1452 of such 
Act: Provided further, That, notwithstanding the re-
quirements of section 1452(a)(2) of such Act, each 
State shall use 50 percent of the amount of the cap-
italization grant received by the State under section 
1452 of such Act to provide assistance, in the form 
of additional subsidization, including forgiveness of 
principal, negative interest loans, and grants, to mu-
nicipalities (as defined in section 1401 of such Act) 
for projects that are included on the State’s priority 
list established under section 1452(b)(3) of such 
Act. 
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(3) $300,000,000 shall be for grants under title 
VII, Subtitle G of the Energy Policy Act of 2005: 
Provided, That the amount set aside from this ap-
propriation pursuant to section 1106 of this Act 
shall be not more than 3 percent instead of the per-
centage specified in such section. 
(4) $100,000,000 shall be to carry out section 
104(k) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980: 
Provided, That the amount set aside from this ap-
propriation pursuant to section 1106 of this Act 
shall be not more than 3 percent instead of the per-
centage specified in such section. 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
CAPITAL IMPROVEMENT AND MAINTENANCE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Capital Improvement 
and Maintenance’’, $650,000,000, for reconstruction, cap-
ital improvement, decommissioning, and maintenance of 
forest roads, bridges and trails; alternative energy tech-
nologies, energy efficiency enhancements and deferred 
maintenance at Federal facilities; and for remediation of 
abandoned mine sites, removal of fish passage barriers, 
and other critical habitat, forest improvement and water-
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shed enhancement projects on Federal lands and waters: 
Provided, That funds may be transferred to ‘‘National 
Forest System’’: Provided further, That the amount set 
aside from this appropriation pursuant to section 1106 of 
this Act shall be not more than 5 percent instead of the 
percentage specified in such section. 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Wildland Fire Man-
agement’’, $850,000,000, of which $300,000,000 is for 
hazardous fuels reduction, forest health, wood to energy 
grants and rehabilitation and restoration activities on 
Federal lands, and of which $550,000,000 is for State fire 
assistance hazardous fuels projects, volunteer fire assist-
ance, cooperative forest health projects, city forest en-
hancements, and wood to energy grants on State and pri-
vate lands: Provided, That amounts in this paragraph may 
be transferred to ‘‘State and Private Forestry’’ and ‘‘Na-
tional Forest System’’: Provided further, That the amount 
set aside from this appropriation pursuant to section 1106 
of this Act shall be not more than 5 percent instead of 
the percentage specified in such section. 
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DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH FACILITIES 
For an additional amount for ‘‘Indian Health Facili-
ties’’, $550,000,000, for priority health care facilities con-
struction projects and deferred maintenance, and the pur-
chase of equipment and related services, including but not 
limited to health information technology: Provided, That 
notwithstanding any other provision of law, the amounts 
available under this paragraph shall be allocated at the 
discretion of the Director of the Indian Health Service: 
Provided further, That the amount set aside from this ap-
propriation pursuant to section 1106 of this Act shall be 
not more than 5 percent instead of the percentage speci-
fied in such section. 
OTHER RELATED AGENCIES 
SMITHSONIAN INSTITUTION 
FACILITIES CAPITAL 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Facilities Capital’’, 
$150,000,000, for deferred maintenance projects, and for 
repair, revitalization, and alteration of facilities owned or 
occupied by the Smithsonian Institution, by contract or 
otherwise, as authorized by section 2 of the Act of August 
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22, 1949 (63 Stat. 623): Provided, That funds may be 
transferred to ‘‘Salaries and Expenses’’: Provided further, 
That the amount set aside from this appropriation pursu-
ant to section 1106 of this Act shall be not more than 
5 percent instead of the percentage specified in such sec-
tion. 
NATIONAL FOUNDATION ON THE ARTS AND THE 
HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For an additional amount for ‘‘Grants and Adminis-
tration’’, $50,000,000, to be distributed in direct grants 
to fund arts projects and activities which preserve jobs in 
the non-profit arts sector threatened by declines in philan-
thropic and other support during the current economic 
downturn: Provided, That 40 percent of such funds shall 
be distributed to State arts agencies and regional arts or-
ganizations in a manner similar to the agency’s current 
practice and 60 percent of such funds shall be for competi-
tively selected arts projects and activities according to sec-
tions 2 and 5(c) of the National Foundation on the Arts 
and Humanities Act of 1965 (20 U.S.C. 951, 954(c)): 
Provided further, That matching requirements under sec-
tion 5(e) of such Act shall be waived: Provided further, 
That the amount set aside from this appropriation pursu-
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ant to section 1106 of this Act shall be not more than 
5 percent instead of the percentage specified in such sec-
tion. 
TITLE IX—LABOR, HEALTH AND 
HUMAN SERVICES, AND EDU-
CATION 
Subtitle A—Labor 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For an additional amount for ‘‘Training and Employ-
ment Services’’ for activities under the Workforce Invest-
ment Act of 1998 (‘‘WIA’’), $4,000,000,000, which shall 
be available for obligation on the date of enactment of this 
Act, as follows: 
(1) $500,000,000 for grants to the States for 
adult employment and training activities. 
(2) $1,200,000,000 for grants to the States for 
youth activities, including summer jobs for youth: 
Provided, That the work readiness performance indi-
cator described in section 136(b)(2)(A)(ii)(I) of the 
WIA shall be the only measure of performance used 
to assess the effectiveness of summer jobs for youth 
provided with such funds: Provided further, That 
with respect to the youth activities provided with 
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such funds, section 101(13)(A) of the WIA shall be 
applied by substituting ‘‘age 24’’ for ‘‘age 21’’: Pro-
vided further, That no portion of the additional 
funds provided herein shall be reserved to carry out 
section 127(b)(1)(A) of the WIA: Provided further, 
That for purposes of section 127(b)(1)(C)(iv) of the 
WIA, such funds shall be allotted as if the total 
amount of funding available for youth activities in 
the fiscal year does not exceed $1,000,000,000. 
(3) $1,000,000,000 for grants to the States for 
dislocated worker employment and training activi-
ties. 
(4) $500,000,000 for the dislocated workers as-
sistance national reserve to remain available for 
Federal obligation through June 30, 2010: Provided, 
That such funds shall be made available for grants 
only to eligible entities that serve areas of high un-
employment or high poverty and only for the pur-
poses described in subsection 173(a)(1) of the WIA: 
Provided further, That the Secretary of Labor shall 
ensure that applicants for such funds demonstrate 
how income support, child care, and other supportive 
services necessary for an individual’s participation in 
job training will be provided. 
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(5) $50,000,000 for YouthBuild activities, 
which shall remain available for Federal obligation 
through June 30, 2010. 
(6) $750,000,000 for a program of competitive 
grants for worker training and placement in high 
growth and emerging industry sectors (including 
projects funded under section 6002 of division B of 
this Act): Provided, That $500,000,000 shall be for 
research, labor exchange and job training projects 
that prepare workers for careers in the energy effi-
ciency and renewable energy industries specified in 
section 171(e)(1)(B)(ii) of the WIA (as amended by 
the Green Jobs Act of 2007): Provided further, That 
in awarding grants from those funds not designated 
in the preceding proviso, the Secretary of Labor 
shall give priority to projects that prepare workers 
for careers in the health care sector: Provided fur-
ther, That the provisions of section 1103 of this Act 
shall not apply to this appropriation: 
Provided, That the additional funds provided to States 
under this heading are not subject to section 191(a) of 
the WIA: Provided further, That notwithstanding section 
1106 of this Act, there shall be no amount set aside from 
the appropriations made in subsections (1) through (3) 
under this heading and the amount set aside for sub-
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sections (4) through (6) shall be up to 1 percent instead 
of the percentage specified in such section. 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER 
AMERICANS 
For an additional amount for ‘‘Community Service 
Employment for Older Americans’’ to carry out title V of 
the Older Americans Act of 1965, $120,000,000, which 
shall be available for obligation on the date of enactment 
of this Act: Provided, That funds shall be allotted within 
30 days of such enactment to current grantees in propor-
tion to their allotment in program year 2008. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 
SERVICE OPERATIONS 
For an additional amount for ‘‘State Unemployment 
Insurance and Employment Service Operations’’ for 
grants to the States in accordance with section 6 of the 
Wagner-Peyser Act, $500,000,000, which may be ex-
pended from the Employment Security Administration Ac-
count in the Unemployment Trust Fund, and which shall 
be available for obligation on the date of enactment of this 
Act: Provided, That such funds shall remain available to 
the States through September 30, 2010: Provided further, 
That, with respect to such funds, section 6(b)(1) of such 
Act shall be applied by substituting ‘‘one-third’’ for ‘‘two- 
thirds’’ in subparagraph (A), with the remaining one-third 
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of the sums to be allotted in accordance with section 
132(b)(2)(B)(ii)(III) of the Workforce Investment Act of 
1998: Provided further, That not less than $250,000,000 
of the amount provided under this heading shall be used 
by States for reemployment services for unemployment in-
surance claimants (including the integrated Employment 
Service and Unemployment Insurance information tech-
nology required to identify and serve the needs of such 
claimants): Provided further, That the Secretary of Labor 
shall establish planning and reporting procedures nec-
essary to provide oversight of funds used for reemploy-
ment services. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Departmental Man-
agement’’, $80,000,000, for the enforcement of worker 
protection laws and regulations, oversight, and coordina-
tion activities related to the infrastructure and unemploy-
ment insurance investments in this Act: Provided, That 
the Secretary of Labor may transfer such sums as nec-
essary to ‘‘Employment and Standards Administration’’, 
‘‘Occupational Safety and Health Administration’’, and 
‘‘Employment and Training Administration—Program 
Administration’’ for enforcement, oversight, and coordina-
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tion activities: Provided further, That the provisions of sec-
tion 1106 of this Act shall not apply to this appropriation. 
OFFICE OF JOB CORPS 
For an additional amount for ‘‘Office of Job Corps’’, 
$300,000,000, for construction, rehabilitation and acquisi-
tion of Job Corps Centers, which shall be available upon 
the date of enactment of this Act and remain available 
for obligation through June 30, 2010: Provided, That sec-
tion 1552(a) of title 31, United States Code shall not 
apply to up to 30 percent of such funds, if such funds 
are used for a multi-year lease agreement that will result 
in construction activities that can commence within 120 
days of enactment of this Act: Provided further, That not-
withstanding section 3324(a) of title 31, United States 
Code, the funds referred to in the preceding proviso may 
be used for advance, progress, and other payments: Pro-
vided further, That the Secretary of Labor may transfer 
up to 15 percent of such funds to meet the operational 
needs of such centers, which may include the provision of 
additional training for careers in the energy efficiency and 
renewable energy industries: Provided further, That pri-
ority should be given to activities that can commence 
promptly following enactment and to those projects that 
will create the greatest impact on the energy efficiency of 
Job Corps facilities: Provided further, That the Secretary 
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shall provide to the Committees on Appropriations of the 
House of Representatives and the Senate a report on the 
actual obligations, expenditures, and unobligated balances 
for each activity funded under this heading not later than 
September 30, 2009 and quarterly thereafter as long as 
funding provided under this heading is available for obli-
gation or expenditure. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 9101. ELIGIBLE EMPLOYEES IN THE RECREATIONAL 
MARINE INDUSTRY. 
Section 2(3)(F) of the Longshore and Harbor Work-
ers’ Compensation Act (33 U.S.C. 902(3)(F)) is amend-
ed— 
(1) by striking ‘‘, repair, or dismantle’’; and 
(2) by striking the semicolon and inserting ‘‘, or 
individuals employed to repair any recreational ves-
sel, or to dismantle any part of a recreational vessel 
in connection with the repair of such vessel;’’. 
Subtitle B—Health and Human 
Services 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
HEALTH RESOURCES AND SERVICES 
For an additional amount for ‘‘Health Resources and 
Services’’, $2,188,000,000 which shall be used as follows: 
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(1) $500,000,000, of which $250,000,000 shall 
not be available until October 1, 2009, shall be for 
grants to health centers authorized under section 
330 of the Public Health Service Act (‘‘PHS Act’’). 
(2) $1,000,000,000 shall be available for ren-
ovation and repair of health centers authorized 
under section 330 of the PHS Act and for the acqui-
sition by such centers of health information tech-
nology systems: Provided, That the timeframe for 
the award of grants pursuant to section 1103(b) of 
this Act shall not be later than 180 days after the 
date of enactment of this Act instead of the time-
frame specified in such section. 
(3) $88,000,000 shall be for fit-out and other 
costs related to moving into a facility to be secured 
through a competitive lease procurement to replace 
or renovate a headquarters building for Public 
Health Service agencies and other components of the 
Department of Health and Human Services. 
(4) $600,000,000, of which $300,000,000 shall 
not be available until October 1, 2009, shall be for 
the training of nurses and primary care physicians 
and dentists as authorized under titles VII and VIII 
of the PHS Act, for the provision of health care per-
sonnel under the National Health Service Corps pro-
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gram authorized under title III of the PHS Act, and 
for the patient navigator program authorized under 
title III of the PHS Act. 
CENTERS FOR DISEASE CONTROL AND PREVENTION 
DISEASE CONTROL, RESEARCH, AND TRAINING 
For an additional amount for ‘‘Disease Control, Re-
search, and Training’’ for equipment, construction, and 
renovation of facilities, including necessary repairs and 
improvements to leased laboratories, $462,000,000: Pro-
vided, That notwithstanding any other provision of law, 
the Centers for Disease Control and Prevention may 
award a single contract or related contracts for develop-
ment and construction of facilities that collectively include 
the full scope of the project: Provided further, That the 
solicitation and contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFR 52.232–18: Provided 
further, That in accordance with applicable authorities, 
policies, and procedures, the Centers for Disease Control 
and Prevention shall acquire real property, and make any 
necessary improvements thereon, to relocate and consoli-
date property and facilities of the National Institute for 
Occupational Safety and Health. 
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NATIONAL INSTITUTES OF HEALTH 
NATIONAL CENTER FOR RESEARCH RESOURCES 
For an additional amount for ‘‘National Center for 
Research Resources’’, $1,500,000,000 for grants or con-
tracts under section 481A of the Public Health Service 
Act to renovate or repair existing non-Federal research fa-
cilities: Provided, That sections 481A(c)(1)(B)(ii), para-
graphs (1), (3), and (4) of section 481A(e), and section 
481B of such Act shall not apply to the use of such funds: 
Provided further, That the references to ‘‘20 years’’ in sub-
sections (c)(1)(B)(i) and (f) of section 481A of such Act 
are deemed to be references to ‘‘10 years’’ for purposes 
of using such funds: Provided further, That the National 
Center for Research Resources may also use such funds 
to provide, under the authority of section 301 and title 
IV of such Act, shared instrumentation and other capital 
research equipment to recipients of grants and contracts 
under section 481A of such Act and other appropriate en-
tities: Provided further, That the Director of the Center 
shall provide to the Committees on Appropriations of the 
House of Representatives and the Senate an annual report 
indicating the number of institutions receiving awards of 
a grant or contract under section 481A of such Act, the 
proposed use of the funding, the average award size, a 
list of grant or contract recipients, and the amount of each 
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award: Provided further, That the Center, in obligating 
such funds, shall require that each entity that applies for 
a grant or contract under section 481A for any project 
shall include in its application an assurance described in 
section 1621(b)(1)(I) of the Public Health Service Act: 
Provided further, That the Center shall give priority in the 
award of grants and contracts under section 481A of such 
Act to those applications that are expected to generate de-
monstrable energy-saving or beneficial environmental ef-
fects: Provided further, That the provisions of section 1103 
of this Act shall not apply to the peer-reviewed grants 
awarded under this heading. 
OFFICE OF THE DIRECTOR 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of the Direc-
tor’’, $1,500,000,000, of which $750,000,000 shall not be 
available until October 1, 2009: Provided, That such funds 
shall be transferred to the Institutes and Centers of the 
National Institutes of Health and to the Common Fund 
established under section 402A(c)(1) of the Public Health 
Service Act in proportion to the appropriations otherwise 
made to such Institutes, Centers, and Common Fund for 
fiscal year 2009: Provided further, That these funds shall 
be used to support additional scientific research and shall 
be merged with and be available for the same purposes 
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as the appropriation or fund to which transferred: Pro-
vided further, That this transfer authority is in addition 
to any other transfer authority available to the National 
Institutes of Health: Provided further, That none of these 
funds may be transferred to ‘‘National Institutes of 
Health—Buildings and Facilities’’, the Center for Sci-
entific Review, the Center for Information Technology, the 
Clinical Center, the Global Fund for HIV/AIDS, Tuber-
culosis and Malaria, or the Office of the Director (except 
for the transfer to the Common Fund): Provided further, 
That the provisions of section 1103 of this Act shall not 
apply to the peer-reviewed grants awarded under this 
heading. 
BUILDINGS AND FACILITIES 
For an additional amount for ‘‘Buildings and Facili-
ties’’, $500,000,000, to fund high priority repair and im-
provement projects for National Institutes of Health facili-
ties on the Bethesda, Maryland campus and other agency 
locations. 
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY 
HEALTHCARE RESEARCH AND QUALITY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Healthcare Research 
and Quality’’ to carry out titles III and IX of the Public 
Health Service Act, part A of title XI of the Social Secu-
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rity Act, and section 1013 of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003, 
$700,000,000 for comparative effectiveness research: Pro-
vided, That of the amount appropriated in this paragraph, 
$400,000,000 shall be transferred to the Office of the Di-
rector of the National Institutes of Health (‘‘Office of the 
Director’’) to conduct or support comparative effectiveness 
research: Provided further, That funds transferred to the 
Office of the Director may be transferred to the national 
research institutes and national centers of the National 
Institutes of Health and to the Common Fund established 
under section 402A(c)(1) of the Public Health Service Act: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the Na-
tional Institutes of Health: Provided further, That the pro-
visions of section 1103 of this Act shall not apply to the 
peer-reviewed grants awarded under this paragraph: Pro-
vided further, That the amount set aside from this appro-
priation pursuant to section 1106 of this Act shall be not 
more than 1 percent instead of the percentage specified 
in such section. 
In addition, $400,000,000 shall be available for com-
parative effectiveness research to be allocated at the dis-
cretion of the Secretary of Health and Human Services 
(‘‘Secretary’’): Provided, That the funding appropriated in 
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this paragraph shall be used to accelerate the development 
and dissemination of research assessing the comparative 
effectiveness of health care treatments and strategies, in-
cluding through efforts that: (1) conduct, support, or syn-
thesize research that compares the clinical outcomes, ef-
fectiveness, and appropriateness of items, services, and 
procedures that are used to prevent, diagnose, or treat dis-
eases, disorders, and other health conditions; and (2) en-
courage the development and use of clinical registries, clin-
ical data networks, and other forms of electronic health 
data that can be used to generate or obtain outcomes data: 
Provided further, That the Secretary shall enter into a 
contract with the Institute of Medicine, for which no more 
than $1,500,000 shall be made available from funds pro-
vided in this paragraph, to produce and submit a report 
to the Congress and the Secretary by not later than June 
30, 2009, that includes recommendations on the national 
priorities for comparative effectiveness research to be con-
ducted or supported with the funds provided in this para-
graph and that considers input from stakeholders: Pro-
vided further, That the Secretary shall consider any rec-
ommendations of the Federal Coordinating Council for 
Comparative Effectiveness Research established by section 
9201 of this Act and any recommendations included in 
the Institute of Medicine report pursuant to the preceding 
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proviso in designating activities to receive funds provided 
in this paragraph and may make grants and contracts 
with appropriate entities, which may include agencies 
within the Department of Health and Human Services and 
other governmental agencies, as well as private sector enti-
ties, that have demonstrated experience and capacity to 
achieve the goals of comparative effectiveness research: 
Provided further, That the Secretary shall publish infor-
mation on grants and contracts awarded with the funds 
provided under this heading within a reasonable time of 
the obligation of funds for such grants and contracts and 
shall disseminate research findings from such grants and 
contracts to clinicians, patients, and the general public, 
as appropriate: Provided further, That, to the extent fea-
sible, the Secretary shall ensure that the recipients of the 
funds provided by this paragraph offer an opportunity for 
public comment on the research: Provided further, That 
the provisions of section 1103 of this Act shall not apply 
to the peer-reviewed grants awarded under this paragraph: 
Provided further, That the Secretary shall provide the 
Committees on Appropriations of the House of Represent-
atives and the Senate, the Committee on Energy and Com-
merce and the Committee on Ways and Means of the 
House of Representatives, and the Committee on Health, 
Education, Labor, and Pensions and the Committee on Fi-
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nance of the Senate with an annual report on the research 
conducted or supported through the funds provided under 
this heading: Provided further, That the Secretary, jointly 
with the Directors of the Agency for Healthcare Research 
and Quality and the National Institutes of Health, shall 
provide the Committees on Appropriations of the House 
of Representatives and the Senate a fiscal year 2009 oper-
ating plan for the funds appropriated under this heading 
prior to making any Federal obligations of such funds in 
fiscal year 2009, but not later than 90 days after the date 
of enactment of this Act, and a fiscal year 2010 operating 
plan for such funds prior to making any Federal obliga-
tions of such funds in fiscal year 2010, but not later than 
November 1, 2009, that detail the type of research being 
conducted or supported, including the priority conditions 
addressed; and specify the allocation of resources within 
the Department of Health and Human Services: Provided 
further, That the Secretary jointly with the Directors of 
the Agency for Healthcare Research and Quality and the 
National Institutes of Health, shall provide to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate a report on the actual obligations, expendi-
tures, and unobligated balances for each activity funded 
under this heading not later than November 1, 2009, and 
every 6 months thereafter as long as funding provided 
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under this heading is available for obligation or expendi-
ture. 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
LOW-INCOME HOME ENERGY ASSISTANCE 
For an additional amount for ‘‘Low-Income Home 
Energy Assistance’’ for making payments under section 
2602(b) and section 2602(d) of the Low-Income Home 
Energy Assistance Act of 1981, $1,000,000,000, which 
shall become available on October 1, 2009: Provided, That 
the provisions of section 1106 of this Act shall not apply 
to this appropriation. 
PAYMENTS TO STATES FOR THE CHILD CARE AND 
DEVELOPMENT BLOCK GRANT 
For an additional amount for ‘‘Payments to States 
for the Child Care and Development Block Grant’’, 
$2,000,000,000, of which $1,000,000,000 shall become 
available on October 1, 2009, which shall be used to sup-
plement, not supplant State general revenue funds for 
child care assistance for low-income families: Provided, 
That the provisions of section 1106 of this Act shall not 
apply to this appropriation. 
CHILDREN AND FAMILIES SERVICES PROGRAMS 
For an additional amount for ‘‘Children and Families 
Services Programs’’, $3,200,000,000, which shall be used 
as follows: 
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(1) $1,000,000,000 for carrying out activities 
under the Head Start Act, of which $500,000,000 
shall become available on October 1, 2009. 
(2) $1,100,000,000 for expansion of Early 
Head Start programs, as described in section 645A 
of the Head Start Act, of which $550,000,000 shall 
become available on October 1, 2009: Provided, That 
of the funds provided in this sentence, up to 10 per-
cent shall be available for the provision of training 
and technical assistance to such programs consistent 
with section 645A(g)(2) of such Act, and up to 3 
percent shall be available for monitoring the oper-
ation of such programs consistent with section 641A 
of such Act: Provided further, That the preceding 
proviso shall apply to this appropriation in lieu of 
the provisions of section 1106 of this Act: Provided 
further, That the provisions of section 1103 of this 
Act shall not apply to this appropriation. 
(3) $1,000,000,000 for carrying out activities 
under sections 674 through 679 of the Community 
Services Block Grant Act, of which $500,000,000 
shall become available on October 1, 2009, and of 
which no part shall be subject to paragraphs (2) and 
(3) of section 674(b) of such Act: Provided, That 
notwithstanding section 675C(a)(1) of such Act, 100 
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percent of the funds made available to a State from 
this additional amount shall be distributed to eligible 
entities as defined in section 673(1) of such Act: 
Provided further, That for services furnished under 
such Act during fiscal years 2009 and 2010, States 
may apply the last sentence of section 673(2) of 
such Act by substituting ‘‘200 percent’’ for ‘‘125 
percent’’: Provided further, That the provisions of 
section 1106 of this Act shall not apply to this ap-
propriation. 
(4) $100,000,000 for carrying out activities 
under section 1110 of the Social Security Act, of 
which $50,000,000 shall become available on Octo-
ber 1, 2009: Provided, That the Secretary of Health 
and Human Services shall distribute such amount 
under the Compassion Capital Fund to eligible faith- 
based and community organizations: Provided fur-
ther, That the provisions of section 1106 of this Act 
shall not apply to this appropriation. 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
For an additional amount for ‘‘Aging Services Pro-
grams’’ under section 311, and subparts 1 and 2 of part 
C, of title III of the Older Americans Act of 1965, 
$200,000,000, of which $100,000,000 shall become avail-
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able on October 1, 2009: Provided, That the provisions 
of section 1106 of this Act shall not apply to this appro-
priation. 
OFFICE OF THE SECRETARY 
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
INFORMATION TECHNOLOGY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of the National 
Coordinator for Health Information Technology’’ to carry 
out section 9202 of this Act, $2,000,000,000, to remain 
available until expended: Provided, That of such amount, 
the Secretary of Health and Human Services shall trans-
fer $20,000,000 to the Director of the National Institute 
of Standards and Technology in the Department of Com-
merce for continued work on advancing health care infor-
mation enterprise integration through activities such as 
technical standards analysis and establishment of con-
formance testing infrastructure, so long as such activities 
are coordinated with the Office of the National Coordi-
nator for Health Information Technology: Provided fur-
ther, That the provisions of section 1103 of this Act shall 
not apply to this appropriation: Provided further, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 0.25 percent instead of the 
percentage specified in such section: Provided further, 
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That funds available under this heading shall become 
available for obligation only upon submission of an annual 
operating plan by the Secretary to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate: Provided further, That the fiscal year 2009 operating 
plan shall be provided not later than 90 days after enact-
ment of this Act and that subsequent annual operating 
plans shall be provided not later than November 1 of each 
year: Provided further, That these operating plans shall 
describe how expenditures are aligned with the specific ob-
jectives, milestones, and metrics of the Federal Health In-
formation Technology Strategic Plan, including any subse-
quent updates to the Plan; the allocation of resources 
within the Department of Health and Human Services and 
other Federal agencies; and the identification of programs 
and activities that are supported: Provided further, That 
the Secretary shall provide to the Committees on Appro-
priations of the House of Representatives and the Senate 
a report on the actual obligations, expenditures, and unob-
ligated balances for each major set of activities not later 
than November 1, 2009, and every 6 months thereafter 
as long as funding provided under this heading is available 
for obligation or expenditure: Provided further, That the 
Comptroller General of the United States shall review on 
an annual basis the expenditures from funds provided 
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under this heading to determine if such funds are used 
in a manner consistent with the purpose and requirements 
under this heading. 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to support advanced re-
search and development pursuant to section 319L of the 
Public Health Service Act, $430,000,000: Provided, That 
the provisions of section 1103 of this Act shall not apply 
to this appropriation. 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to prepare for and re-
spond to an influenza pandemic, including the develop-
ment and purchase of vaccine, antivirals, necessary med-
ical supplies, diagnostics, and other surveillance tools, 
$420,000,000: Provided, That the provisions of section 
1103 of this Act shall not apply to this appropriation: Pro-
vided further, That products purchased with these funds 
may, at the discretion of the Secretary of Health and 
Human Services (‘‘Secretary’’), be deposited in the Stra-
tegic National Stockpile: Provided further, That notwith-
standing section 496(b) of the Public Health Service Act, 
funds may be used for the construction or renovation of 
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privately owned facilities for the production of pandemic 
influenza vaccine and other biologics, where the Secretary 
finds such a contract necessary to secure sufficient sup-
plies of such vaccines or biologics: Provided further, That 
funds appropriated in this paragraph may be transferred 
to other appropriation accounts of the Department of 
Health and Human Services, as determined by the Sec-
retary to be appropriate, to be used for the purposed speci-
fied in this sentence. 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to improve information 
technology security at the Department of Health and 
Human Services, $50,000,000: Provided, That the Sec-
retary shall prepare and submit a report by not later than 
November 1, 2009, and by not later than 15 days after 
the end of each month thereafter, updating the status of 
actions taken and funds obligated in this and previous ap-
propriations Acts for pandemic influenza preparedness 
and response activities, biomedical advanced research and 
development activities, Project BioShield, and Cyber Secu-
rity. 
PREVENTION AND WELLNESS FUND 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for a ‘‘Prevention and 
Wellness Fund’’ to be administered through the Depart-
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ment of Health and Human Services Office of the Sec-
retary, $3,000,000,000: Provided, That the provisions of 
section 1103 of this Act shall not apply to this appropria-
tion: Provided further, That of the amount appropriated 
under this heading not less than $2,350,000,000 shall be 
transferred to the Centers for Disease Control and Pre-
vention as follows: 
(1) Not less than $954,000,000 shall be used as 
an additional amount to carry out the immunization 
program authorized by section 317(a), (j), and 
(k)(1) of the Public Health Service Act (‘‘section 
317 
immunization 
program’’), 
of 
which 
$649,900,000 shall be available on October 1, 2009. 
(2) Not less than $296,000,000 shall be used as 
an additional amount to carry out Part A of title 
XIX of the Public Health Service Act, of which 
$148,000,000 shall be available on October 1, 2009. 
(3) Not less than $545,000,000 shall be used as 
an additional amount to carry out chronic disease, 
health promotion, and genomics programs, as jointly 
determined by the Secretary of Health and Human 
Services (‘‘Secretary’’) and the Director of the Cen-
ters for Disease Control and Prevention (‘‘Direc-
tor’’). 
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(4) Not less than $335,000,000 shall be used as 
an additional amount to carry out domestic HIV/ 
AIDS, viral hepatitis, sexually-transmitted diseases, 
and tuberculosis prevention programs, as jointly de-
termined by the Secretary and the Director. 
(5) Not less than $60,000,000 shall be used as 
an additional amount to carry out environmental 
health programs, as jointly determined by the Sec-
retary and the Director. 
(6) Not less than $50,000,000 shall be used as 
an additional amount to carry out injury prevention 
and control programs, as jointly determined by the 
Secretary and the Director. 
(7) Not less than $30,000,000 shall be used as 
an additional amount for public health workforce de-
velopment activities, as jointly determined by the 
Secretary and the Director. 
(8) Not less than $40,000,000 shall be used as 
an additional amount for the National Institute for 
Occupational Safety and Health to carry out re-
search activities within the National Occupational 
Research Agenda. 
(9) Not less than $40,000,000 shall be used as 
an additional amount for the National Center for 
Health Statistics: 
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Provided further, That of the amount appropriated under 
this heading not less than $150,000,000 shall be available 
for an additional amount to carry out activities to imple-
ment a national action plan to prevent healthcare-associ-
ated infections, as determined by the Secretary, of which 
not less $50,000,000 shall be provided to States to imple-
ment healthcare-associated infection reduction strategies: 
Provided further, That of the amount appropriated under 
this heading $500,000,000 shall be used to carry out evi-
dence-based clinical and community-based prevention and 
wellness strategies and public health workforce develop-
ment activities authorized by the Public Health Service 
Act, as determined by the Secretary, that deliver specific, 
measurable health outcomes that address chronic and in-
fectious disease rates and health disparities, which shall 
include evidence-based interventions in obesity, diabetes, 
heart disease, cancer, tobacco cessation and smoking pre-
vention, and oral health, and which may be used for the 
Healthy Communities program administered by the Cen-
ters for Disease Control and Prevention and other existing 
community-based programs administered by the Depart-
ment of Health and Human Services: Provided further, 
That funds appropriated in the preceding proviso may be 
transferred to other appropriation accounts of the Depart-
ment of Health and Human Services, as determined by 
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the Secretary to be appropriate: Provided further, That the 
Secretary shall, directly or through contracts with public 
or private entities, provide for annual evaluations of pro-
grams carried out with funds provided under this heading 
in order to determine the quality and effectiveness of the 
programs: Provided further, That the Secretary shall, not 
later than 1 year after the date of enactment of this Act, 
submit to the Committees on Appropriations of the House 
of Representatives and the Senate, the Committee on En-
ergy and Commerce of the House of Representatives, and 
the Committee on Health, Education, Labor, and Pen-
sions of the Senate, a report: (1) summarizing the annual 
evaluations of programs from the preceding proviso; and 
(2) making recommendations concerning future spending 
on prevention and wellness activities, including any rec-
ommendations made by the United States Preventive 
Services Task Force in the area of clinical preventive serv-
ices and the Task Force on Community Preventive Serv-
ices in the area of community preventive services: Provided 
further, That the Secretary shall enter into a contract with 
the Institute of Medicine, for which no more than 
$1,500,000 shall be made available from funds provided 
in this paragraph, to produce and submit a report to the 
Congress and the Secretary by no later than 1 year after 
the date of enactment of this Act that includes rec-
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ommendations on the national priorities for clinical and 
community-based prevention and wellness activities that 
will have a positive impact in preventing illness or reduc-
ing healthcare costs and that considers input from stake-
holders: Provided further, That the Secretary shall provide 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a fiscal year 2009 operating 
plan for the Prevention and Wellness Fund prior to mak-
ing any Federal obligations of funds provided under this 
heading in fiscal year 2009 (excluding funds to carry out 
the section 317 immunization program), but not later than 
90 days after the date of enactment of this Act, and a 
fiscal year 2010 operating plan for the Prevention and 
Wellness Fund prior to making any Federal obligations 
of funds provided under this heading in fiscal year 2010 
(excluding funds to carry out the section 317 immuniza-
tion program), but not later than November 1, 2009, that 
indicate the prevention priorities to be addressed; provide 
measurable goals for each prevention priority; detail the 
allocation of resources within the Department of Health 
and Human Services; and identify which programs or ac-
tivities are supported, including descriptions of any new 
programs or activities: Provided further, That the Sec-
retary shall provide to the Committees on Appropriations 
of the House of Representatives and the Senate a report 
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on the actual obligations, expenditures, and unobligated 
balances for each activity funded under this heading not 
later than November 1, 2009, and every 6 months there-
after as long as funding provided under this heading is 
available for obligation or expenditure. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COM-
PARATIVE EFFECTIVENESS RESEARCH. 
(a) ESTABLISHMENT.—There is hereby established a 
Federal Coordinating Council for Comparative Effective-
ness Research (in this section referred to as the ‘‘Coun-
cil’’). 
(b) PURPOSE; DUTIES.—The Council shall— 
(1) assist the offices and agencies of the Fed-
eral Government, including the Departments of 
Health and Human Services, Veterans Affairs, and 
Defense, and other Federal departments or agencies, 
to coordinate the conduct or support of comparative 
effectiveness and related health services research; 
and 
(2) advise the President and Congress on— 
(A) strategies with respect to the infra-
structure needs of comparative effectiveness re-
search within the Federal Government; 
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(B) appropriate organizational expendi-
tures for comparative effectiveness research by 
relevant Federal departments and agencies; and 
(C) opportunities to assure optimum co-
ordination of comparative effectiveness and re-
lated health services research conducted or sup-
ported by relevant Federal departments and 
agencies, with the goal of reducing duplicative 
efforts and encouraging coordinated and com-
plementary use of resources. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Council 
shall be composed of not more than 15 members, all 
of whom are senior Federal officers or employees 
with responsibility for health-related programs, ap-
pointed by the President, acting through the Sec-
retary of Health and Human Services (in this sec-
tion referred to as the ‘‘Secretary’’). Members shall 
first be appointed to the Council not later than 30 
days after the date of the enactment of this Act. 
(2) MEMBERS.— 
(A) IN
GENERAL.—The members of the 
Council shall include one senior officer or em-
ployee from each of the following agencies: 
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(i) The Agency for Healthcare Re-
search and Quality. 
(ii) The Centers for Medicare and 
Medicaid Services. 
(iii) 
The 
National 
Institutes 
of 
Health. 
(iv) The Office of the National Coor-
dinator for Health Information Tech-
nology. 
(v) The Food and Drug Administra-
tion. 
(vi) The Veterans Health Administra-
tion within the Department of Veterans 
Affairs. 
(vii) The office within the Department 
of Defense responsible for management of 
the 
Department 
of 
Defense 
Military 
Health Care System. 
(B) QUALIFICATIONS.—At least half of the 
members of the Council shall be physicians or 
other experts with clinical expertise. 
(3) CHAIRMAN; VICE
CHAIRMAN.—The Sec-
retary shall serve as Chairman of the Council and 
shall designate a member to serve as Vice Chairman. 
(d) REPORTS.— 
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(1) INITIAL REPORT.—Not later than June 30, 
2009, the Council shall submit to the President and 
the Congress a report containing information de-
scribing Federal activities on comparative effective-
ness research and recommendations for additional 
investments in such research conducted or supported 
from funds made available for allotment by the Sec-
retary for comparative effectiveness research in this 
Act. 
(2) ANNUAL REPORT.—The Council shall sub-
mit to the President and Congress an annual report 
regarding its activities and recommendations con-
cerning the infrastructure needs, appropriate organi-
zational expenditures and opportunities for better 
coordination of comparative effectiveness research by 
relevant Federal departments and agencies. 
(e) STAFFING; SUPPORT.—From funds made avail-
able for allotment by the Secretary for comparative effec-
tiveness research in this Act, the Secretary shall make 
available not more than 1 percent to the Council for staff 
and administrative support. 
SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECH-
NOLOGY. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall invest in the infrastructure nec-
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essary to allow for and promote the electronic exchange 
and use of health information for each individual in the 
United States consistent with the goals outlined in the 
Strategic Plan developed by the Office of the National Co-
ordinator for Health Information Technology. Such invest-
ment shall include investment in at least the following: 
(1) Health information technology architecture 
that will support the nationwide electronic exchange 
and use of health information in a secure, private, 
and accurate manner, including connecting health 
information exchanges, and which may include up-
dating and implementing the infrastructure nec-
essary within different agencies of the Department 
of Health and Human Services to support the elec-
tronic use and exchange of health information. 
(2) Integration of health information tech-
nology, including electronic medical records, into the 
initial and ongoing training of health professionals 
and others in the healthcare industry who would be 
instrumental to improving the quality of healthcare 
through the smooth and accurate electronic use and 
exchange of health information as determined by the 
Secretary. 
(3) Training on and dissemination of informa-
tion on best practices to integrate health information 
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technology, including electronic records, into a pro-
vider’s delivery of care, including community health 
centers receiving assistance under section 330 of the 
Public Health Service Act and providers partici-
pating in one or more of the programs under titles 
XVIII, XIX, and XXI of the Social Security Act (re-
lating to Medicare, Medicaid, and the State Chil-
dren’s Health Insurance Program). 
(4) Infrastructure and tools for the promotion 
of telemedicine, including coordination among Fed-
eral agencies in the promotion of telemedicine. 
(5) Promotion of the interoperability of clinical 
data repositories or registries. 
The Secretary shall implement paragraph (3) in coordina-
tion with State agencies administering the Medicaid pro-
gram and the State Children’s Health Insurance Program. 
(b) LIMITATION.—None of the funds appropriated to 
carry out this section may be used to make significant in-
vestments in, or provide significant funds for, the acquisi-
tion of hardware or software or for the use of an electronic 
health or medical record, or significant components there-
of, unless such investments or funds are for certified prod-
ucts that would permit the full and accurate electronic ex-
change and use of health information in a medical record, 
including standards for security, privacy, and quality im-
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provement functions adopted by the Office of the National 
Coordinator for Health Information Technology. 
(c) REPORT.—The Secretary shall annually report to 
the Committees on Energy and Commerce, on Ways and 
Means, on Science and Technology, and on Appropriations 
of the House of Representatives and the Committees on 
Finance, on Health, Education, Labor, and Pensions, and 
on Appropriations of the Senate on the uses of these funds 
and their impact on the infrastructure for the electronic 
exchange and use of health information. 
Subtitle C—Education 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For an additional amount for ‘‘Education for the Dis-
advantaged’’ to carry out title I of the Elementary and 
Secondary 
Education 
Act 
of 
1965 
(‘‘ESEA’’), 
$13,000,000,000: Provided, That $5,500,000,000 shall be 
available for targeted grants under section 1125 of the 
ESEA, of which $2,750,000,000 shall become available on 
July 1, 2009, and shall remain available through Sep-
tember 30, 2010, and $2,750,000,000 shall become avail-
able on July 1, 2010, and shall remain available through 
September 
30, 
2011: 
Provided 
further, 
That 
$5,500,000,000 shall be available for education finance in-
centive grants under section 1125A of the ESEA, of which 
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$2,750,000,000 shall become available on July 1, 2009, 
and shall remain available through September 30, 2010, 
and $2,750,000,000 shall become available on July 1, 
2010, and shall remain available through September 30, 
2011: Provided further, That $2,000,000,000 shall be for 
school improvement grants under section 1003(g) of the 
ESEA, of which $1,000,000,000 shall become available on 
July 1, 2009, and shall remain available through Sep-
tember 30, 2010, and $1,000,000,000 shall become avail-
able on July 1, 2010, and shall remain available through 
September 30, 2011: Provided further, That the provisions 
of section 1106 of this Act shall not apply to this appro-
priation. 
IMPACT AID 
For an additional amount for ‘‘Impact Aid’’ to carry 
out section 8007 of title VIII of the Elementary and Sec-
ondary Education Act of 1965, $100,000,000, which shall 
remain available through September 30, 2010: Provided, 
That the amount set aside from this appropriation pursu-
ant to section 1106 of this Act shall be 1 percent instead 
of the percentage specified in such section. 
SCHOOL IMPROVEMENT PROGRAMS 
For an additional amount for ‘‘School Improvement 
Programs’’ to carry out subpart 1, part D of title II of 
the Elementary and Secondary Education Act of 1965 
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(‘‘ESEA’’), and subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act, $1,066,000,000: Pro-
vided, That $1,000,000,000 shall be available for subpart 
1, part D of title II of the ESEA, of which $500,000,000 
shall become available on July 1, 2009, and shall remain 
available through September 30, 2010, and $500,000,000 
shall become available on July 1, 2010, and remain avail-
able through September 30, 2011: Provided further, That 
the provisions of section 1106 of this Act shall not apply 
to these funds: Provided further, That $66,000,000 shall 
be available for subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act, of which $33,000,000 
shall become available on July 1, 2009, and shall remain 
available through September 30, 2010, and $33,000,000 
shall become available on July 1, 2010, and remain avail-
able through September 30, 2011. 
INNOVATION AND IMPROVEMENT 
For an additional amount for ‘‘Innovation and Im-
provement’’ to carry out subpart 1, part D and subpart 
2, part B of title V of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’), $225,000,000: Provided, 
That $200,000,000 shall be available for subpart 1, part 
D of title V of the ESEA: Provided further, That these 
funds shall be expended as directed in the fifth, sixth, and 
seventh provisos under the heading ‘‘Innovation and Im-
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provement’’ in the Department of Education Appropria-
tions Act, 2008: Provided further, That a portion of these 
funds shall also be used for a rigorous national evaluation 
by the Institute of Education Sciences, utilizing random-
ized controlled methodology to the extent feasible, that as-
sesses the impact of performance-based teacher and prin-
cipal compensation systems supported by the funds pro-
vided in this Act on teacher and principal recruitment and 
retention in high-need schools and subjects: Provided fur-
ther, That $25,000,000 shall be available for subpart 2, 
part B of title V of the ESEA: Provided further, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 1 percent instead of the 
percentage specified in such section. 
SPECIAL EDUCATION 
For an additional amount for ‘‘Special Education’’ 
for carrying out section 611 and part C of the Individuals 
with 
Disabilities 
Education 
Act 
(‘‘IDEA’’), 
$13,600,000,000: Provided, That $13,000,000,000 shall 
be available for section 611 of the IDEA, of which 
$6,000,000,000 shall become available on July 1, 2009, 
and remain available through September 30, 2010, and 
$7,000,000,000 shall become available on July 1, 2010, 
and remain available through September 30, 2011: Pro-
vided further, That $600,000,000 shall be available for 
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