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-
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.
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.
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.
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
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).
(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).
(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
100 
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.
101 
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
102 
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:
103 
‘‘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-
104 
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.
105 
‘‘(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
106 
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—
107 
‘‘(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.
108 
‘‘(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
109 
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
110 
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).
111 
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.
112 
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.
113 
(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
114 
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
115 
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.
116 
(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
117 
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-
118 
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
119 
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
120 
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—
121 
(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.
122 
(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.
123 
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
124 
of the Authority as necessary to qualified third- 
party companies or individuals. 
(D) The Administrator is authorized to 
contract with private sector fiduciary and custo-
dial agents as necessary to operate the Author-
ity. 
(2) GUARANTEE PROCESS.— 
(A) The Administrator shall establish, by 
rule, a process in which private sector entities 
may apply to the Administration for a Federal 
guarantee on pools of first lien position 504 
loans that are to be sold to third-party inves-
tors. 
(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 
of the Authority as necessary to qualified third- 
party companies or individuals. 
(D) The Administrator is authorized to 
contract with private sector fiduciary and custo-
dial agents as necessary to operate the Author-
ity.
125 
(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.
126 
(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
127 
(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.
128 
(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).
129 
(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
130 
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.
131 
(3) PARTICIPATION OF LENDERS.— 
(A) The Administrator shall by rule estab-
lish a process in which the Administrator makes 
available loan applications and all accom-
panying information to lenders for the purpose 
of such lenders originating, underwriting, clos-
ing, and servicing such loans. 
(B) Lenders are eligible to receive loan ap-
plications and accompanying information under 
this paragraph if they participate in the pro-
grams established in section 7(a) of the Small 
Business Act (15 U.S.C. 636) or title V of the 
Small Business Investment Act (15 U.S.C. 
695). 
(C) The Administrator shall first make 
available such loan applications and accom-
panying information to lenders within 100 miles 
of a loan applicant’s principal office. 
(D) If a lender described in subparagraph 
(C) does not agree to originate, underwrite, 
close, and service such loans within 5 business 
days of receiving the loan applications, the Ad-
ministrator shall subsequently make available 
such loan applications and accompanying infor-
mation to lenders in the Preferred Lenders Pro-
132 
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.
133 
(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
134 
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.
135 
‘‘(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’’.
136 
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).
137 
(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-
138 
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
139 
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.
140 
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
141 
(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-
142 
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.
143 
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.
144 
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
145 
(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.
146 
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
147 
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-
148 
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.
149 
(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
150 
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.
152 
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.
153 
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
154 
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.
155 
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
156 
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
157 
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.
158 
(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-
159 
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.
160 
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
161 
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-
162 
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
163 
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.
164 
(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-
165 
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
166 
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-
167 
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
168 
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:
169 
(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-
170 
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.
171 
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
172 
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
173 
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-
174 
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
175 
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
176 
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-
177 
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
178 
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:
179 
(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