IB 
Union Calendar No. 3 
111TH CONGRESS 
1ST SESSION 
H. R. 629 
[Report No. 111–7, Part I] 
To provide energy and commerce provisions of the American Recovery and 
Reinvestment Act of 2009. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2009 
Mr. WAXMAN introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Education and Labor, and Science and Technology, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
JANUARY 26, 2009 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JANUARY 27, 2009 
The Committees on Ways and Means, Education and Labor, and Science and 
Technology discharged; committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on January 22, 2009] 
A BILL 
To provide energy and commerce provisions of the American 
Recovery and Reinvestment Act of 2009. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy and Commerce 
Recovery and Reinvestment Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—BROADBAND COMMUNICATIONS 
Sec. 1001. Inventory of Broadband Service Capability and Availability. 
Sec. 1002. Wireless and Broadband Deployment Grant Programs. 
Sec. 1003. National broadband plan. 
TITLE II—ENERGY 
Sec. 2001. Technical corrections to the Energy Independence and Security Act of 
2007. 
Sec. 2002. Amendments to title XIII of the Energy Independence and Security 
Act of 2007. 
Sec. 2003. Renewable energy and electric power transmission loan guarantee pro-
gram. 
Sec. 2004. Weatherization Assistance Program amendments. 
Sec. 2005. Renewable electricity transmission study. 
Sec. 2006. Additional State energy grants. 
Sec. 2007. Inapplicability of limitation. 
TITLE III—HEALTH INSURANCE ASSISTANCE FOR THE 
UNEMPLOYED 
Sec. 3001. Short title and table of contents of title. 
Sec. 3002. Premium assistance for COBRA benefits and extension of COBRA ben-
efits for older or long-term employees. 
Sec. 3003. Temporary optional Medicaid coverage for the unemployed. 
TITLE IV—HEALTH INFORMATION TECHNOLOGY 
Sec. 4001. Short title; table of contents of title. 
Subtitle A—Promotion of Health Information Technology 
PART 1—IMPROVING HEALTH CARE QUALITY, SAFETY, AND EFFICIENCY 
Sec. 4101. ONCHIT; standards development and adoption. 
Sec. 4102. Technical amendment. 
Sec. 4103. American technology required. 
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PART 2—APPLICATION AND USE OF ADOPTED HEALTH INFORMATION 
TECHNOLOGY STANDARDS; REPORTS 
Sec. 4111. Coordination of Federal activities with adopted standards and imple-
mentation specifications. 
Sec. 4112. Application to private entities. 
Sec. 4113. Study and reports. 
Subtitle B—Testing of Health Information Technology 
Sec. 4201. National Institute for Standards and Technology testing. 
Sec. 4202. Research and development programs. 
Subtitle C—Incentives for the Use of Health Information Technology 
PART I—GRANTS AND LOANS FUNDING 
Sec. 4301. Grant, loan, and demonstration programs. 
PART II—MEDICARE PROGRAM 
Sec. 4311. Incentives for eligible professionals. 
Sec. 4312. Incentives for hospitals. 
Sec. 4313. Treatment of payments and savings; implementation funding. 
Sec. 4314. Study on application of EHR payment incentives for providers not re-
ceiving other incentive payments. 
PART III—MEDICAID FUNDING 
Sec. 4321. Medicaid provider HIT adoption and operation payments; implemen-
tation funding. 
Subtitle D—Privacy 
Sec. 4400. Definitions. 
PART I—IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS 
Sec. 4401. Application of security provisions and penalties to business associates 
of covered entities; annual guidance on security provisions. 
Sec. 4402. Notification in the case of breach. 
Sec. 4403. Education on Health Information Privacy. 
Sec. 4404. Application of privacy provisions and penalties to business associates 
of covered entities. 
Sec. 4405. Restrictions on certain disclosures and sales of health information; ac-
counting of certain protected health information disclosures; ac-
cess to certain information in electronic format. 
Sec. 4406. Conditions on certain contacts as part of health care operations. 
Sec. 4407. Temporary breach notification requirement for vendors of personal 
health records and other non-HIPAA covered entities. 
Sec. 4408. Business associate contracts required for certain entities. 
Sec. 4409. Clarification of application of wrongful disclosures criminal penalties. 
Sec. 4410. Improved enforcement. 
Sec. 4411. Audits. 
Sec. 4412. Securing individually identifiable health information. 
Sec. 4413. Special rule for information to reduce medication errors and improve 
patient safety. 
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PART II—RELATIONSHIP TO OTHER LAWS; REGULATORY REFERENCES; 
EFFECTIVE DATE; REPORTS 
Sec. 4421. Relationship to other laws. 
Sec. 4422. Regulatory references. 
Sec. 4423. Effective date. 
Sec. 4424. Studies, reports, guidance. 
TITLE V—MEDICAID PROVISIONS 
Sec. 5000. Table of contents of title. 
Sec. 5001. Temporary increase of Medicaid FMAP. 
Sec. 5002. Moratoria on certain regulations. 
Sec. 5003. Transitional Medicaid assistance (TMA). 
Sec. 5004. State eligibility option for family planning services. 
Sec. 5005. Protections for Indians under Medicaid and CHIP. 
Sec. 5006. Consultation on Medicaid and CHIP. 
Sec. 5007. Temporary increase in DSH allotments during recession. 
TITLE I—BROADBAND 
COMMUNICATIONS 
SEC. 1001. INVENTORY OF BROADBAND SERVICE CAPA-
BILITY AND AVAILABILITY. 
(a) ESTABLISHMENT.—To provide a comprehensive 
nationwide inventory of existing broadband service capa-
bility and availability, the National Telecommunications 
and Information Administration (‘‘NTIA’’) shall develop 
and maintain a broadband inventory map of the United 
States that identifies and depicts the geographic extent to 
which broadband service capability is deployed and avail-
able from a commercial provider or public provider 
throughout each State. 
(b) PUBLIC AVAILABILITY AND INTERACTIVITY.—Not 
later than 2 years after the date of enactment of this Act, 
the NTIA shall make the broadband inventory map devel-
oped and maintained pursuant to this section accessible by 
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the public on a World Wide website of the NTIA in a form 
that is interactive and searchable. 
SEC. 1002. WIRELESS AND BROADBAND DEPLOYMENT 
GRANT PROGRAMS. 
(a) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The National Telecommuni-
cations and Information Administration (‘‘NTIA’’) is 
authorized to carry out a program to award grants 
to eligible entities for the non-recurring costs associ-
ated with the deployment of broadband infrastructure 
in rural, suburban, and urban areas, in accordance 
with the requirements of this section. 
(2) PROGRAM
WEBSITE.—The NTIA shall de-
velop and maintain a website to make publicly avail-
able information about the program described in 
paragraph (1), including— 
(A) each prioritization report submitted by 
a State under subsection (b); 
(B) a list of eligible entities that have ap-
plied for a grant under this section, and the area 
or areas the entity proposes to serve; and 
(C) the status of each such application, 
whether approved, denied, or pending. 
(b) STATE PRIORITIES.— 
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(1) PRIORITIES REPORT SUBMISSION.—Not later 
than 75 days after the date of enactment of this sec-
tion, each State intending to participate in the pro-
gram under this section shall submit to the NTIA a 
report indicating the geographic areas of the State 
which— 
(A) for the purposes of determining the need 
for Wireless Deployment Grants under subsection 
(c), the State considers to have the greatest pri-
ority for— 
(i) wireless voice service in unserved 
areas; and 
(ii) advanced wireless broadband serv-
ice in underserved areas; and 
(B) for the purposes of determining the need 
for Broadband Deployment Grants under sub-
section (d), the State considers to have the great-
est priority for— 
(i) basic broadband service in unserved 
areas; and 
(ii) advanced broadband service in un-
derserved areas. 
(2) LIMITATION.—The unserved and underserved 
areas identified by a State in the report required by 
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this subsection shall not represent, in the aggregate, 
more than 20 percent of the population of such State. 
(c) WIRELESS DEPLOYMENT GRANTS.— 
(1) AUTHORIZED
ACTIVITY.—The NTIA shall 
award Wireless Deployment Grants in accordance 
with this subsection from amounts authorized for 
Wireless Deployment Grants by this subtitle to eligi-
ble entities to deploy necessary infrastructure for the 
provision of wireless voice service or advanced wire-
less broadband service to end users in designated 
areas. 
(2) GRANT DISTRIBUTION.—The NTIA shall seek 
to distribute grants, to the extent possible, so that 25 
percent of the grants awarded under this subsection 
shall be awarded to eligible entities for providing 
wireless voice service to unserved areas and 75 per-
cent of grants awarded under this subsection shall be 
awarded to eligible entities for providing advanced 
wireless broadband service to underserved areas. 
(d) BROADBAND DEPLOYMENT GRANTS.— 
(1) AUTHORIZED
ACTIVITY.—The NTIA shall 
award Broadband Deployment Grants in accordance 
with this subsection from amounts authorized for 
Broadband Deployment Grants by this subtitle to eli-
gible entities to deploy necessary infrastructure for 
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the provision of basic broadband service or advanced 
broadband service to end users in designated areas. 
(2) GRANT DISTRIBUTION.—The NTIA shall seek 
to distribute grants, to the extent possible, so that 25 
percent of the grants awarded under this subsection 
shall be awarded to eligible entities for providing 
basic broadband service to unserved areas and 75 per-
cent of grants awarded under this subsection shall be 
awarded to eligible entities for providing advanced 
broadband service to underserved areas. 
(e) GRANT REQUIREMENTS.—The NTIA shall— 
(1) adopt rules to protect against unjust enrich-
ment; and 
(2) ensure that grant recipients— 
(A) meet buildout requirements; 
(B) maximize use of the supported infra-
structure by the public; 
(C) operate basic and advanced broadband 
service networks on an open access basis; 
(D) operate advanced wireless broadband 
service on a wireless open access basis; and 
(E) adhere to the principles contained in 
the 
Federal 
Communications 
Commission’s 
broadband 
policy 
statement 
(FCC 
05–151, 
adopted August 5, 2005). 
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(f) APPLICATIONS.— 
(1) SUBMISSION.—To be considered for a grant 
awarded under subsection (c) or (d), an eligible entity 
shall submit to the NTIA an application at such 
time, in such manner, and containing such informa-
tion and assurances as the NTIA may require. Such 
an application shall include— 
(A) a cost-study estimate for serving the 
particular geographic area to be served by the 
entity; 
(B) a proposed build-out schedule to resi-
dential households and small businesses in the 
area; 
(C) for applicants for Wireless Deployment 
Grants under subsection (c), a build-out schedule 
for geographic coverage of such areas; and 
(D) any other requirements the NTIA deems 
necessary. 
(2) SELECTION.— 
(A) NOTIFICATION.—The NTIA shall notify 
each eligible entity that has submitted a complete 
application whether the entity has been approved 
or denied for a grant under this section in a 
timely fashion. 
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(B) 
GRANT
DISTRIBUTION
CONSIDER-
ATIONS.—In awarding grants under this section, 
the NTIA shall, to the extent practical— 
(i) award not less than one grant in 
each State; 
(ii) give substantial weight to whether 
an application is from an eligible entity to 
deploy infrastructure in an area that is an 
area— 
(I) identified by a State in a re-
port submitted under subsection (b); or 
(II) in which the NTIA deter-
mines there will be a significant 
amount of public safety or emergency 
response use of the infrastructure; 
(iii) consider whether an application 
from an eligible entity to deploy infrastruc-
ture in an area— 
(I) will, if approved, increase the 
affordability of, or subscribership to, 
service to the greatest population of 
underserved users in the area; 
(II) will, if approved, enhance 
service for health care delivery, edu-
cation, or children to the greatest pop-
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ulation of underserved users in the 
area; 
(III) contains concrete plans for 
enhancing computer ownership or com-
puter literacy in the area; 
(IV) is from a recipient of more 
than 20 percent matching grants from 
State, local, or private entities for serv-
ice in the area and the extent of such 
commitment; 
(V) will, if approved, result in 
unjust enrichment because the eligible 
entity has applied for, or intends to 
apply for, support for the non-recur-
ring costs through another Federal pro-
gram for service in the area; and 
(VI) will, if approved, signifi-
cantly 
improve 
interoperable 
broadband 
communications 
systems 
available for use by public safety and 
emergency response; and 
(iv) consider whether the eligible entity 
is a socially and economically disadvan-
taged small business concern, as defined 
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under section 8(a) of the Small Business 
Act (15 U.S.C. 637). 
(g) COORDINATION AND CONSULTATION.—The NTIA 
shall coordinate with the Federal Communications Commis-
sion and shall consult with other appropriate Federal agen-
cies in implementing this section. 
(h) REPORT REQUIRED.—The NTIA shall submit an 
annual report to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate for 5 
years assessing the impact of the grants funded under this 
section on the basis of the objectives and criteria described 
in subsection (f)(2)(B)(iii). 
(i) RULEMAKING AUTHORITY.—The NTIA shall have 
the authority to prescribe such rules as necessary to carry 
out the purposes of this section. 
(j) DEFINITIONS.—For the purpose of this section— 
(1) the term ‘‘advanced broadband service’’ 
means a service delivering data to the end user trans-
mitted at a speed of at least 45 megabits per second 
downstream and at least 15 megabits per second up-
stream; 
(2) the term ‘‘advanced wireless broadband serv-
ice’’ means a wireless service delivering to the end 
user data transmitted at a speed of at least 3 mega-
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bits per second downstream and at least 1 megabit 
per second upstream over an end-to-end internet pro-
tocol wireless network; 
(3) the term ‘‘basic broadband service’’ means a 
service delivering data to the end user transmitted at 
a speed of at least 5 megabits per second downstream 
and at least 1 megabit per second upstream; 
(4) the term ‘‘eligible entity’’ means— 
(A) a provider of wireless voice service, ad-
vanced 
wireless 
broadband 
service, 
basic 
broadband service, or advanced broadband serv-
ice, including a satellite carrier that provides 
any such service; 
(B) a State or unit of local government, or 
agency or instrumentality thereof, that is or in-
tends to be a provider of any such service; and 
(C) any other entity, including construction 
companies, tower companies, backhaul compa-
nies, or other service providers, that the NTIA 
authorizes by rule to participate in the programs 
under this section, if such other entity is re-
quired to provide access to the supported infra-
structure on a neutral, reasonable basis to maxi-
mize use; 
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(5) the term ‘‘interoperable broadband commu-
nications systems’’ means communications systems 
which enable public safety agencies to share informa-
tion among local, State, Federal, and tribal public 
safety agencies in the same area using voice or data 
signals via advanced wireless broadband service; 
(6) the term ‘‘open access’’ shall be defined by the 
Federal Communications Commission not later than 
45 days after the date of enactment of this section; 
(7) the term ‘‘State’’ includes the District of Co-
lumbia and the territories and possessions; 
(8) the term ‘‘underserved area’’ shall be defined 
by the Federal Communications Commission not later 
than 45 days after the date of enactment of this sec-
tion; 
(9) the term ‘‘unserved area’’ shall be defined by 
the Federal Communications Commission not later 
than 45 days after the date of enactment of this sec-
tion; 
(10) the term ‘‘wireless open access’’ shall be de-
fined by the Federal Communications Commission 
not later than 45 days after the date of enactment of 
this section; and 
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(11) the term ‘‘wireless voice service’’ means the 
provision of two-way, real-time, voice communica-
tions using a mobile service. 
(k) REVIEW
OF DEFINITIONS.—Not later than 3 
months after the date the NTIA makes a broadband inven-
tory map of the United States accessible to the public pursu-
ant to section 1001(b), the Federal Communications Com-
mission shall review the definitions of ‘‘underserved area’’ 
and ‘‘unserved area’’, as defined by the Commission within 
45 days after the date of enactment of this Act (as required 
by paragraphs (8) and (9) of subsection (j)), and shall re-
vise such definitions based on the data used by the NTIA 
to develop and maintain such map. 
SEC. 1003. NATIONAL BROADBAND PLAN. 
(a) REPORT REQUIRED.—Not later than 1 year after 
the date of enactment of this section, the Federal Commu-
nications Commission shall submit to the Committee on 
Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate, a report containing a national broadband 
plan. 
(b) CONTENTS OF PLAN.—The national broadband 
plan required by this section shall seek to ensure that all 
people of the United States have access to broadband capa-
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bility and shall establish benchmarks for meeting that goal. 
The plan shall also include— 
(1) an analysis of the most effective and efficient 
mechanisms for ensuring broadband access by all peo-
ple of the United States; 
(2) a detailed strategy for achieving affordability 
of 
such 
service 
and 
maximum 
utilization 
of 
broadband infrastructure and service by the public; 
and 
(3) a plan for use of broadband infrastructure 
and services in advancing consumer welfare, civic 
participation, public safety and homeland security, 
community development, health care delivery, energy 
independence and efficiency, education, worker train-
ing, private sector investment, entrepreneurial activ-
ity, job creation and economic growth, and other na-
tional purposes. 
TITLE II—ENERGY 
SEC. 2001. TECHNICAL CORRECTIONS TO THE ENERGY 
INDEPENDENCE AND SECURITY ACT OF 2007. 
(a) Section 543(a) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17153(a)) is amended— 
(1) by redesignating paragraphs (2) through (4) 
as paragraphs (3) through (5), respectively; and 
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(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) 34 percent to eligible units of local govern-
ment–alternative 1, in accordance with subsection (b); 
‘‘(2) 34 percent to eligible units of local govern-
ment–alternative 2, in accordance with subsection 
(b);’’. 
(b) Section 543(b) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17153(b)) is amended by 
striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection 
(a)(1) or (2)’’. 
(c) Section 548(a)(1) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17158(a)(1)) is amending 
by striking ‘‘; provided’’ and all that follows through 
‘‘541(3)(B)’’. 
SEC. 2002. AMENDMENTS TO TITLE XIII OF THE ENERGY 
INDEPENDENCE AND SECURITY ACT OF 2007. 
Title XIII of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17381 and following) is amended 
as follows: 
(1) By amending subparagraph (A) of section 
1304(b)(3) to read as follows: 
‘‘(A) IN GENERAL.—In carrying out the ini-
tiative, the Secretary shall provide financial sup-
port to smart grid demonstration projects in 
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urban, suburban, and rural areas, including 
areas where electric system assets are controlled 
by tax-exempt entities and areas where electric 
system assets are controlled by investor-owned 
utilities.’’. 
(2) By amending subparagraph (C) of section 
1304(b)(3) to read as follows: 
‘‘(C) FEDERAL SHARE OF COST OF TECH-
NOLOGY INVESTMENTS.—The Secretary shall pro-
vide to an electric utility described in subpara-
graph (B) or to other parties financial assistance 
for use in paying an amount equal to not more 
than 50 percent of the cost of qualifying ad-
vanced grid technology investments made by the 
electric utility or other party to carry out a 
demonstration project.’’. 
(3) By inserting after section 1304(b)(3)(D) the 
following new subparagraphs: 
‘‘(E) AVAILABILITY
OF
DATA.—The Sec-
retary shall establish and maintain a smart grid 
information clearinghouse in a timely manner 
which will make data from smart grid dem-
onstration projects and other sources available to 
the public. As a condition of receiving financial 
assistance under this subsection, a utility or 
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other participant in a smart grid demonstration 
project shall provide such information as the 
Secretary may require to become available 
through the smart grid information clearing-
house in the form and within the timeframes as 
directed by the Secretary. The Secretary shall as-
sure that business proprietary information and 
individual customer information is not included 
in the information made available through the 
clearinghouse. 
‘‘(F) OPEN
INTERNET-BASED
PROTOCOLS 
AND STANDARDS.—The Secretary shall require as 
a condition of receiving funding under this sub-
section that demonstration projects utilize open 
Internet-based protocols and standards if avail-
able.’’. 
(4) By amending paragraph (2) of section 
1304(c) to read as follows: 
‘‘(2) to carry out subsection (b), such sums as 
may be necessary.’’. 
(5) By amending subsection (a) of section 1306 
by striking ‘‘reimbursement of one-fifth (20 percent)’’ 
and inserting ‘‘grants of up to one-half (50 percent)’’. 
(6) By striking the last sentence of subsection 
(b)(9) of section 1306. 
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(7) By striking ‘‘are eligible for’’ in subsection 
(c)(1) of section 1306 and inserting ‘‘utilize’’. 
(8) By amending subsection (e) of section 1306 
to read as follows: 
‘‘(e) PROCEDURES
AND
RULES.—The Secretary 
shall— 
‘‘(1) establish within 60 days after the enactment 
of the Energy and Commerce Recovery and Reinvest-
ment Act procedures by which applicants can obtain 
grants of not more than one-half of their documented 
costs; 
‘‘(2) require as a condition of receiving a grant 
under this section that grant recipients utilize open 
Internet-based protocols and standards if available; 
‘‘(3) establish procedures to ensure that there is 
no duplication or multiple payment or recovery for 
the same investment or costs, that the grant goes to 
the party making the actual expenditures for quali-
fying smart grid investments, and that the grants 
made have significant effect in encouraging and fa-
cilitating the development of a smart grid; 
‘‘(4) maintain public records of grants made, re-
cipients, and qualifying smart grid investments 
which have received grants; 
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‘‘(5) establish procedures to provide advance 
payment of moneys up to the full amount of the grant 
award; and 
‘‘(6) have and exercise the discretion to deny 
grants for investments that do not qualify in the rea-
sonable judgment of the Secretary.’’. 
SEC. 2003. RENEWABLE ENERGY AND ELECTRIC POWER 
TRANSMISSION LOAN GUARANTEE PROGRAM. 
(a) AMENDMENT.—Title XVII of the Energy Policy 
Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding 
the following at the end: 
‘‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOY-
MENT OF RENEWABLE ENERGY AND ELEC-
TRIC POWER TRANSMISSION PROJECTS. 
‘‘(a) IN GENERAL.—Notwithstanding section 1703, the 
Secretary may make guarantees under this section only for 
commercial technology projects under subsection (b) that 
will commence construction not later than September 30, 
2011. 
‘‘(b) CATEGORIES.—Projects from only the following 
categories shall be eligible for support under this section: 
‘‘(1) Renewable energy systems, including incre-
mental hydropower, that generate electricity. 
‘‘(2) Electric power transmission systems, in-
cluding upgrading and reconductoring projects. 
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‘‘(3) Leading edge biofuel projects that will use 
technologies performing at the pilot or demonstration 
scale that the Secretary determines are likely to be-
come commercial technologies and will produce trans-
portation fuels that substantially reduce life-cycle 
greenhouse gas emissions compared to other transpor-
tation fuels. 
‘‘(c) FACTORS RELATING TO ELECTRIC POWER TRANS-
MISSION SYSTEMS.—In determining to make guarantees to 
projects described in subsection (b)(2), the Secretary shall 
consider the following factors: 
‘‘(1) The viability of the project without guaran-
tees. 
‘‘(2) The availability of other Federal and State 
incentives. 
‘‘(3) The importance of the project in meeting re-
liability needs. 
‘‘(4) The effect of the project in meeting a State 
or region’s environment (including climate change) 
and energy goals. 
‘‘(d) WAGE RATE REQUIREMENTS.—The Secretary 
shall require that each recipient of support under this sec-
tion provide reasonable assurance that all laborers and me-
chanics employed in the performance of the project for 
which the assistance is provided, including those employed 
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by contractors or subcontractors, will be paid wages at rates 
not less than those prevailing on similar work in the local-
ity as determined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of part A of subtitle II 
of title 40, United States Code (commonly referred to as 
the ‘Davis-Bacon Act’). 
‘‘(e) LIMITATION.—Funding under this section for 
projects described in subsection (b)(3) shall not exceed 
$500,000,000. 
‘‘(f) SUNSET.—The authority to enter into guarantees 
under this section shall expire on September 30, 2011.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents for the Energy Policy Act of 2005 is amended by 
inserting after the item relating to section 1704 the fol-
lowing new item: 
‘‘Sec. 1705. Temporary program for rapid deployment of renewable energy and 
electric power transmission projects.’’. 
SEC. 
2004. 
WEATHERIZATION 
ASSISTANCE 
PROGRAM 
AMENDMENTS. 
(a) INCOME LEVEL.—Section 412(7) of the Energy 
Conservation and Production Act (42 U.S.C. 6862(7)) is 
amended by striking ‘‘150 percent’’ both places it appears 
and inserting ‘‘200 percent’’. 
(b) ASSISTANCE LEVEL PER DWELLING UNIT.— Sec-
tion 415(c)(1) of the Energy Conservation and Production 
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Act (42 U.S.C. 6865(c)(1)) is amended by striking ‘‘$2,500’’ 
and inserting ‘‘$5,000’’. 
(c) EFFECTIVE USE OF FUNDS.—In providing funds 
made available by this Act for the Weatherization Assist-
ance Program, the Secretary may encourage States to give 
priority to using such funds for the most cost-effective effi-
ciency activities, which may include insulation of attics, 
if, in the Secretary’s view, such use of funds would increase 
the effectiveness of the program. 
SEC. 
2005. 
RENEWABLE 
ELECTRICITY 
TRANSMISSION 
STUDY. 
In completing the 2009 National Electric Trans-
mission Congestion Study, the Secretary of Energy shall 
include— 
(1) an analysis of the significant potential 
sources of renewable energy that are constrained in 
accessing appropriate market areas by lack of ade-
quate transmission capacity; 
(2) an analysis of the reasons for failure to de-
velop the adequate transmission capacity; 
(3) recommendations for achieving adequate 
transmission capacity; 
(4) an analysis of the extent to which legal chal-
lenges filed at the State and Federal level are delay-
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ing the construction of transmission necessary to ac-
cess renewable energy; and 
(5) an explanation of assumptions and projec-
tions made in the Study, including— 
(A) assumptions and projections relating to 
energy efficiency improvements in each load cen-
ter; 
(B) assumptions and projections regarding 
the location and type of projected new generation 
capacity; and 
(C) assumptions and projections regarding 
projected deployment of distributed generation 
infrastructure. 
SEC. 2006. ADDITIONAL STATE ENERGY GRANTS. 
(a) IN GENERAL.—Amounts appropriated for the 
State Energy Program under the American Recovery and 
Reinvestment Act of 2009 shall be available to the Secretary 
of Energy for making additional grants under part D of 
title III of the Energy Policy and Conservation Act (42 
U.S.C. 6321 et seq.). The Secretary shall make grants under 
this section in excess of the base allocation established for 
a State under regulations issued pursuant to the authoriza-
tion provided in section 365(f) of such Act only if the gov-
ernor of the recipient State notifies the Secretary of Energy 
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that the governor will seek, to the extent of his or her author-
ity, to ensure that each of the following will occur: 
(1) The applicable State regulatory authority 
will implement the following regulatory policies for 
each electric and gas utility with respect to which the 
State regulatory authority has ratemaking authority: 
(A) Policies that ensure that a utility’s re-
covery of prudent fixed costs of service is timely 
and independent of its retail sales, without in 
the process shifting prudent costs from variable 
to fixed charges. This cost shifting constraint 
shall not apply to rate designs adopted prior to 
the date of enactment of this Act. 
(B) Cost recovery for prudent investments 
by utilities in energy efficiency. 
(C) An earnings opportunity for utilities 
associated with cost-effective energy efficiency 
savings. 
(2) The State, or the applicable units of local 
government that have authority to adopt building 
codes, will implement the following: 
(A) A building energy code (or codes) for 
residential buildings that meets or exceeds the 
most recently published International Energy 
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Conservation Code, or achieves equivalent or 
greater energy savings. 
(B) A building energy code (or codes) for 
commercial buildings throughout the State that 
meets or exceeds the ANSI/ASHRAE/IESNA 
Standard 90.1–2007, or achieves equivalent or 
greater energy savings. 
(C) A plan for the jurisdiction achieving 
compliance with the building energy code or 
codes described in subparagraphs (A) and (B) 
within 8 years of the date of enactment of this 
Act in at least 90 percent of new and renovated 
residential and commercial building space. Such 
plan shall include active training and enforce-
ment programs and measurement of the rate of 
compliance each year. 
(3) The State will to the extent practicable 
prioritize the grants toward funding energy efficiency 
and renewable energy programs, including— 
(A) the expansion of existing energy effi-
ciency programs approved by the State or the 
appropriate regulatory authority, including en-
ergy efficiency retrofits of buildings and indus-
trial facilities, that are funded— 
(i) by the State; or 
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(ii) through rates under the oversight 
of the applicable regulatory authority, to 
the extent applicable; 
(B) the expansion of existing programs, ap-
proved by the State or the appropriate regu-
latory authority, to support renewable energy 
projects and deployment activities, including 
programs operated by entities which have the au-
thority and capability to manage and distribute 
grants, loans, performance incentives, and other 
forms of financial assistance; and 
(C) cooperation and joint activities between 
States to advance more efficient and effective use 
of this funding to support the priorities described 
in this paragraph. 
(b) STATE MATCH.—The State cost share requirement 
under the item relating to ‘‘DEPARTMENT OF ENERGY; 
energy conservation’’ in title II of the Department of the 
Interior and Related Agencies Appropriations Act, 1985 
(42 U.S.C. 6323a; 98 Stat. 1861) shall not apply to assist-
ance provided under this section. 
(c) EQUIPMENT AND MATERIALS FOR ENERGY EFFI-
CIENCY MEASURES.—No limitation on the percentage of 
funding that may be used for the purchase and installation 
of equipment and materials for energy efficiency measures 
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under grants provided under part D of title III of the En-
ergy Policy and Conservation Act (42 U.S.C. 6321 et seq.) 
shall apply to assistance provided under this section. 
SEC. 2007. INAPPLICABILITY OF LIMITATION. 
The limitations in section 399A(f)(2), (3), and (4) of 
the Energy Policy and Conservation Act (42 U.S.C. 6371h– 
1(f)(2), (3), and (4)) shall not apply to grants funded with 
appropriations provided by this Act, except that such grant 
funds shall be available for not more than an amount equal 
to 80 percent of the costs of the project for which the grant 
is provided. 
TITLE III—HEALTH INSURANCE 
ASSISTANCE FOR THE UNEM-
PLOYED 
SEC. 3001. SHORT TITLE AND TABLE OF CONTENTS OF 
TITLE. 
(a) SHORT TITLE OF TITLE.—This title may be cited 
as the ‘‘Health Insurance Assistance for the Unemployed 
Act of 2009’’. 
(b) TABLE OF CONTENTS OF TITLE.—The table of con-
tents of this title is as follows: 
Sec. 3001. Short title and table of contents of title. 
Sec. 3002. Premium assistance for COBRA benefits and extension of COBRA ben-
efits for older or long-term employees. 
Sec. 3003. Temporary optional Medicaid coverage for the unemployed. 
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‘‘(dd)(1) Individuals described in this paragraph 
are— 
‘‘(A) individuals who— 
‘‘(i) are within one or more of the categories de-
scribed in paragraph (2), as elected under the State 
plan; and 
‘‘(ii) meet the applicable requirements of para-
graph (3); and 
‘‘(B) individuals who— 
‘‘(i) are the spouse, or dependent child under 19 
years of age, of an individual described in subpara-
graph (A); and 
‘‘(ii) meet the requirement of paragraph (3)(B). 
‘‘(2) The categories of individuals described in this 
paragraph are each of the following: 
‘‘(A) Individuals who are receiving unemploy-
ment compensation benefits. 
‘‘(B) Individuals who were receiving, but have 
exhausted, unemployment compensation benefits on or 
after July 1, 2008. 
‘‘(C) Individuals who are involuntarily unem-
ployed and were involuntarily separated from em-
ployment on or after September 1, 2008, and before 
January 1, 2011, whose family gross income does not 
exceed a percentage specified by the State (not to ex-
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