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. 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
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. 
(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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
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 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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 
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). 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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. 
(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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
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 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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— 
(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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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. 
(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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
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. 
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.— 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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. 
(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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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. 
(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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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 
(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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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. 
(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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
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). 
(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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
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 
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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
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. 
(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). 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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-
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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
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. 
(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— 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
(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 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
100 
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. 
‘‘(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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
101 
‘‘(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’’. 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
102 
‘‘(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). 
(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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
103 
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-
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
104 
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 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
105 
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. 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
106 
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 
(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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
107 
(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-
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
108 
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. 
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). 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
109 
(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. 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
110 
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 
(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). 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
111 
(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. 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
112 
UNITED STATES FISH AND WILDLIFE SERVICE 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Construction’’, 
$300,000,000, for priority road and bridge repair and re-
placement, and critical deferred maintenance and improve-
ment projects on National Wildlife Refuges, National Fish 
Hatcheries, and other Service properties: Provided, That 
funds may be transferred to ‘‘Resource Management’’: 
Provided further, That the amount set aside from this ap-
propriation pursuant to section 1106 of this Act shall be 
not more than 5 percent instead of the percentage speci-
fied in such section. 
NATIONAL PARK SERVICE 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Construction’’, 
$1,700,000,000, for projects to address critical deferred 
maintenance needs within the National Park System, in-
cluding roads, bridges and trails, and for other critical in-
frastructure projects: Provided, That funds may be trans-
ferred to ‘‘Operation of the National Park System’’: Pro-
vided further, That $200,000,000 of these funds shall be 
for projects related to the preservation and repair of his-
torical and cultural resources within the National Park 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
113 
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. 
NATIONAL MALL REVITALIZATION FUND 
For construction, improvements, repair, or replace-
ment of facilities related to the revitalization of National 
Park Service assets on the National Mall in Washington, 
DC, $200,000,000, of which $100,000,000 shall only be 
made available to the extent that funds are matched by 
non-Federal contributions: Provided, 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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
114 
more than 5 percent instead of the percentage specified 
in such section. 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
115 
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. 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
116 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
117 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
118 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
119 
(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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
120 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
121 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
122 
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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
123 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
124 
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; 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
125 
(5) $50,000,000 for YouthBuild activities, 
which shall remain available for Federal obligation 
through June 30, 2010; and 
(6) $750,000,000 for a program of competitive 
grants for worker training and placement in high 
growth and emerging industry sectors: Provided, 
That $500,000,000 shall be for research, labor ex-
change and job training projects that prepare work-
ers for careers in the energy efficiency and renew-
able 
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 ca-
reers in the health care sector: Provided further, 
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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
126 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
127 
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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
128 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
129 
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: 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
130 
(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; and 
(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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
131 
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. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
132 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
133 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
134 
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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
135 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
136 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
137 
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-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
138 
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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
139 
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: 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
140 
(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 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
141 
percent of the funds made available to a State from 
this additional amount shall be distributed to eligible 
entities as defined in section 673(1) of such Act: 
Provided further, That for services furnished under 
such Act during fiscal years 2009 and 2010, States 
may apply the last sentence of section 673(2) of 
such Act by substituting ‘‘200 percent’’ for ‘‘125 
percent’’: Provided further, That the provisions of 
section 1106 of this Act shall not apply to this ap-
propriation; and 
(4) $100,000,000 for carrying out activities 
under section 1110 of the Social Security Act, of 
which $50,000,000 shall become available on Octo-
ber 1, 2009: Provided, That the Secretary of Health 
and Human Services shall distribute such amount 
under the Compassion Capital Fund to eligible faith- 
based and community organizations: Provided fur-
ther, That the provisions of section 1106 of this Act 
shall not apply to this appropriation. 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
For an additional amount for ‘‘Aging Services Pro-
grams’’ under section 311, and subparts 1 and 2 of part 
C, of title III of the Older Americans Act of 1965, 
$200,000,000, of which $100,000,000 shall become avail-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
142 
able on October 1, 2009: Provided, That the provisions 
of section 1106 of this Act shall not apply to this appro-
priation. 
OFFICE OF THE SECRETARY 
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 
INFORMATION TECHNOLOGY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of the National 
Coordinator for Health Information Technology’’ to carry 
out section 9202 of this Act, $2,000,000,000, to remain 
available until expended: Provided, That of such amount, 
the Secretary of Health and Human Services shall trans-
fer $20,000,000 to the Director of the National Institute 
of Standards and Technology in the Department of Com-
merce for continued work on advancing health care infor-
mation enterprise integration through activities such as 
technical standards analysis and establishment of con-
formance testing infrastructure, so long as such activities 
are coordinated with the Office of the National Coordi-
nator for Health Information Technology: Provided fur-
ther, That the provisions of section 1103 of this Act shall 
not apply to this appropriation: Provided further, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 0.25 percent instead of the 
percentage specified in such section: Provided further, 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
143 
That funds available under this heading shall become 
available for obligation only upon submission of an annual 
operating plan by the Secretary to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate: Provided further, That the fiscal year 2009 operating 
plan shall be provided not later than 90 days after enact-
ment of this Act and that subsequent annual operating 
plans shall be provided not later than November 1 of each 
year: Provided further, That these operating plans shall 
describe how expenditures are aligned with the specific ob-
jectives, milestones, and metrics of the Federal Health In-
formation Technology Strategic Plan, including any subse-
quent updates to the Plan; the allocation of resources 
within the Department of Health and Human Services and 
other Federal agencies; and the identification of programs 
and activities that are supported: Provided further, That 
the Secretary shall provide to the Committees on Appro-
priations of the House of Representatives and the Senate 
a report on the actual obligations, expenditures, and unob-
ligated balances for each major set of activities not later 
than November 1, 2009, and every 6 months thereafter 
as long as funding provided under this heading is available 
for obligation or expenditure: Provided further, That the 
Comptroller General of the United States shall review on 
an annual basis the expenditures from funds provided 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
144 
under this heading to determine if such funds are used 
in a manner consistent with the purpose and requirements 
under this heading. 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to support advanced re-
search and development pursuant to section 319L of the 
Public Health Service Act, $430,000,000: Provided, That 
the provisions of section 1103 of this Act shall not apply 
to this appropriation. 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to prepare for and re-
spond to an influenza pandemic, including the develop-
ment and purchase of vaccine, antivirals, necessary med-
ical supplies, diagnostics, and other surveillance tools, 
$420,000,000: Provided, That the provisions of section 
1103 of this Act shall not apply to this appropriation: Pro-
vided further, That products purchased with these funds 
may, at the discretion of the Secretary of Health and 
Human Services (‘‘Secretary’’), be deposited in the Stra-
tegic National Stockpile: Provided further, That notwith-
standing section 496(b) of the Public Health Service Act, 
funds may be used for the construction or renovation of 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
145 
privately owned facilities for the production of pandemic 
influenza vaccine and other biologics, where the Secretary 
finds such a contract necessary to secure sufficient sup-
plies of such vaccines or biologics: Provided further, That 
funds appropriated in this paragraph may be transferred 
to other appropriation accounts of the Department of 
Health and Human Services, as determined by the Sec-
retary to be appropriate, to be used for the purposed speci-
fied in this sentence. 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to improve information 
technology security at the Department of Health and 
Human Services, $50,000,000: Provided, That the Sec-
retary shall prepare and submit a report by not later than 
November 1, 2009, and by not later than 15 days after 
the end of each month thereafter, updating the status of 
actions taken and funds obligated in this and previous ap-
propriations Acts for pandemic influenza preparedness 
and response activities, biomedical advanced research and 
development activities, Project BioShield, and Cyber Secu-
rity. 
PREVENTION AND WELLNESS FUND 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for a ‘‘Prevention and 
Wellness Fund’’ to be administered through the Depart-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
146 
ment of Health and Human Services Office of the Sec-
retary, $3,000,000,000: Provided, That the provisions of 
section 1103 of this Act shall not apply to this appropria-
tion: Provided further, That of the amount appropriated 
under this heading not less than $2,350,000,000 shall be 
transferred to the Centers for Disease Control and Pre-
vention as follows: 
(1) not less than $954,000,000 shall be used as 
an additional amount to carry out the immunization 
program authorized by section 317(a), (j), and 
(k)(1) of the Public Health Service Act (‘‘section 
317 
immunization 
program’’), 
of 
which 
$649,900,000 shall be available on October 1, 2009; 
(2) not less than $296,000,000 shall be used as 
an additional amount to carry out Part A of title 
XIX of the Public Health Service Act, of which 
$148,000,000 shall be available on October 1, 2009; 
(3) not less than $545,000,000 shall be used as 
an additional amount to carry out chronic disease, 
health promotion, and genomics programs, as jointly 
determined by the Secretary of Health and Human 
Services (‘‘Secretary’’) and the Director of the Cen-
ters for Disease Control and Prevention (‘‘Direc-
tor’’); 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
147 
(4) not less than $335,000,000 shall be used as 
an additional amount to carry out domestic HIV/ 
AIDS, viral hepatitis, sexually-transmitted diseases, 
and tuberculosis prevention programs, as jointly de-
termined by the Secretary and the Director; 
(5) not less than $60,000,000 shall be used as 
an additional amount to carry out environmental 
health programs, as jointly determined by the Sec-
retary and the Director; 
(6) not less than $50,000,000 shall be used as 
an additional amount to carry out injury prevention 
and control programs, as jointly determined by the 
Secretary and the Director; 
(7) not less than $30,000,000 shall be used as 
an additional amount for public health workforce de-
velopment activities, as jointly determined by the 
Secretary and the Director; 
(8) not less than $40,000,000 shall be used as 
an additional amount for the National Institute for 
Occupational Safety and Health to carry out re-
search activities within the National Occupational 
Research Agenda; and 
(9) not less than $40,000,000 shall be used as 
an additional amount for the National Center for 
Health Statistics: 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
148 
Provided further, That of the amount appropriated under 
this heading not less than $150,000,000 shall be available 
for an additional amount to carry out activities to imple-
ment a national action plan to prevent healthcare-associ-
ated infections, as determined by the Secretary, of which 
not less $50,000,000 shall be provided to States to imple-
ment healthcare-associated infection reduction strategies: 
Provided further, That of the amount appropriated under 
this heading $500,000,000 shall be used to carry out evi-
dence-based clinical and community-based prevention and 
wellness strategies and public health workforce develop-
ment activities authorized by the Public Health Service 
Act, as determined by the Secretary, that deliver specific, 
measurable health outcomes that address chronic and in-
fectious disease rates and health disparities, which shall 
include evidence-based interventions in obesity, diabetes, 
heart disease, cancer, tobacco cessation and smoking pre-
vention, and oral health, and which may be used for the 
Healthy Communities program administered by the Cen-
ters for Disease Control and Prevention and other existing 
community-based programs administered by the Depart-
ment of Health and Human Services: Provided further, 
That funds appropriated in the preceding proviso may be 
transferred to other appropriation accounts of the Depart-
ment of Health and Human Services, as determined by 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
149 
the Secretary to be appropriate: Provided further, That the 
Secretary shall, directly or through contracts with public 
or private entities, provide for annual evaluations of pro-
grams carried out with funds provided under this heading 
in order to determine the quality and effectiveness of the 
programs: Provided further, That the Secretary shall, not 
later than 1 year after the date of enactment of this Act, 
submit to the Committees on Appropriations of the House 
of Representatives and the Senate, the Committee on En-
ergy and Commerce of the House of Representatives, and 
the Committee on Health, Education, Labor, and Pen-
sions of the Senate, a report (1) summarizing the annual 
evaluations of programs from the preceding proviso; and 
(2) making recommendations concerning future spending 
on prevention and wellness activities, including any rec-
ommendations made by the United States Preventive 
Services Task Force in the area of clinical preventive serv-
ices and the Task Force on Community Preventive Serv-
ices in the area of community preventive services: Provided 
further, That the Secretary shall enter into a contract with 
the Institute of Medicine, for which no more than 
$1,500,000 shall be made available from funds provided 
in this paragraph, to produce and submit a report to the 
Congress and the Secretary by no later than 1 year after 
the date of enactment of this Act that includes rec-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
150 
ommendations on the national priorities for clinical and 
community-based prevention and wellness activities that 
will have a positive impact in preventing illness or reduc-
ing healthcare costs and that considers input from stake-
holders: Provided further, That the Secretary shall provide 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a fiscal year 2009 operating 
plan for the Prevention and Wellness Fund prior to mak-
ing any Federal obligations of funds provided under this 
heading in fiscal year 2009 (excluding funds to carry out 
the section 317 immunization program), but not later than 
90 days after the date of enactment of this Act, and a 
fiscal year 2010 operating plan for the Prevention and 
Wellness Fund prior to making any Federal obligations 
of funds provided under this heading in fiscal year 2010 
(excluding funds to carry out the section 317 immuniza-
tion program), but not later than November 1, 2009, that 
indicate the prevention priorities to be addressed; provide 
measurable goals for each prevention priority; detail the 
allocation of resources within the Department of Health 
and Human Services; and identify which programs or ac-
tivities are supported, including descriptions of any new 
programs or activities: Provided further, That the Sec-
retary shall provide to the Committees on Appropriations 
of the House of Representatives and the Senate a report 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
151 
on the actual obligations, expenditures, and unobligated 
balances for each activity funded under this heading not 
later than November 1, 2009 and every 6 months there-
after as long as funding provided under this heading is 
available for obligation or expenditure. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COM-
PARATIVE EFFECTIVENESS RESEARCH. 
(a) ESTABLISHMENT.—There is hereby established a 
Federal Coordinating Council for Comparative Effective-
ness Research (in this section referred to as the ‘‘Coun-
cil’’). 
(b) PURPOSE; DUTIES.—The Council shall— 
(1) assist the offices and agencies of the Fed-
eral Government, including the Departments of 
Health and Human Services, Veterans Affairs, and 
Defense, and other Federal departments or agencies, 
to coordinate the conduct or support of comparative 
effectiveness and related health services research; 
and 
(2) advise the President and Congress on— 
(A) strategies with respect to the infra-
structure needs of comparative effectiveness re-
search within the Federal Government; 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
152 
(B) appropriate organizational expendi-
tures for comparative effectiveness research by 
relevant Federal departments and agencies; and 
(C) opportunities to assure optimum co-
ordination of comparative effectiveness and re-
lated health services research conducted or sup-
ported by relevant Federal departments and 
agencies, with the goal of reducing duplicative 
efforts and encouraging coordinated and com-
plementary use of resources. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Council 
shall be composed of not more than 15 members, all 
of whom are senior Federal officers or employees 
with responsibility for health-related programs, ap-
pointed by the President, acting through the Sec-
retary of Health and Human Services (in this sec-
tion referred to as the ‘‘Secretary’’). Members shall 
first be appointed to the Council not later than 30 
days after the date of the enactment of this Act. 
(2) MEMBERS.— 
(A) IN
GENERAL.—The members of the 
Council shall include one senior officer or em-
ployee from each of the following agencies: 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
153 
(i) The Agency for Healthcare Re-
search and Quality. 
(ii) The Centers for Medicare and 
Medicaid Services. 
(iii) 
The 
National 
Institutes 
of 
Health. 
(iv) The Office of the National Coor-
dinator for Health Information Tech-
nology. 
(v) The Food and Drug Administra-
tion. 
(vi) The Veterans Health Administra-
tion within the Department of Veterans 
Affairs. 
(vii) The office within the Department 
of Defense responsible for management of 
the 
Department 
of 
Defense 
Military 
Health Care System. 
(B) QUALIFICATIONS.—At least half of the 
members of the Council shall be physicians or 
other experts with clinical expertise. 
(3) CHAIRMAN; VICE
CHAIRMAN.—The Sec-
retary shall serve as Chairman of the Council and 
shall designate a member to serve as Vice Chairman. 
(d) REPORTS.— 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
154 
(1) INITIAL REPORT.—Not later than June 30, 
2009, the Council shall submit to the President and 
the Congress a report containing information de-
scribing Federal activities on comparative effective-
ness research and recommendations for additional 
investments in such research conducted or supported 
from funds made available for allotment by the Sec-
retary for comparative effectiveness research in this 
Act. 
(2) ANNUAL REPORT.—The Council shall sub-
mit to the President and Congress an annual report 
regarding its activities and recommendations con-
cerning the infrastructure needs, appropriate organi-
zational expenditures and opportunities for better 
coordination of comparative effectiveness research by 
relevant Federal departments and agencies. 
(e) STAFFING; SUPPORT.—From funds made avail-
able for allotment by the Secretary for comparative effec-
tiveness research in this Act, the Secretary shall make 
available not more than 1 percent to the Council for staff 
and administrative support. 
SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECH-
NOLOGY. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall invest in the infrastructure nec-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
155 
essary to allow for and promote the electronic exchange 
and use of health information for each individual in the 
United States consistent with the goals outlined in the 
Strategic Plan developed by the Office of the National Co-
ordinator for Health Information Technology. Such invest-
ment shall include investment in at least the following: 
(1) Health information technology architecture 
that will support the nationwide electronic exchange 
and use of health information in a secure, private, 
and accurate manner, including connecting health 
information exchanges, and which may include up-
dating and implementing the infrastructure nec-
essary within different agencies of the Department 
of Health and Human Services to support the elec-
tronic use and exchange of health information. 
(2) Integration of health information tech-
nology, including electronic medical records, into the 
initial and ongoing training of health professionals 
and others in the healthcare industry who would be 
instrumental to improving the quality of healthcare 
through the smooth and accurate electronic use and 
exchange of health information as determined by the 
Secretary. 
(3) Training on and dissemination of informa-
tion on best practices to integrate health information 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
156 
technology, including electronic records, into a pro-
vider’s delivery of care, including community health 
centers receiving assistance under section 330 of the 
Public Health Service Act and providers partici-
pating in one or more of the programs under titles 
XVIII, XIX, and XXI of the Social Security Act (re-
lating to Medicare, Medicaid, and the State Chil-
drens Health Insurance Program). 
(4) Infrastructure and tools for the promotion 
of telemedicine, including coordination among Fed-
eral agencies in the promotion of telemedicine. 
(5) Promotion of the interoperability of clinical 
data repositories or registries. 
The Secretary shall implement paragraph (3) in coordina-
tion with State agencies administering the Medicaid pro-
gram and the State Children’s Health Insurance Program. 
(b) LIMITATION.—None of the funds appropriated to 
carry out this section may be used to make significant in-
vestments in, or provide significant funds for, the acquisi-
tion of hardware or software or for the use of an electronic 
health or medical record, or significant components there-
of, unless such investments or funds are for certified prod-
ucts that would permit the full and accurate electronic ex-
change and use of health information in a medical record, 
including standards for security, privacy, and quality im-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
157 
provement functions adopted by the Office of the National 
Coordinator for Health Information Technology. 
(c) REPORT.—The Secretary shall annually report to 
the Committees on Energy and Commerce, on Ways and 
Means, on Science and Technology, and on Appropriations 
of the House of Representatives and the Committees on 
Finance, on Health, Education, Labor, and Pensions, and 
on Appropriations of the Senate on the uses of these funds 
and their impact on the infrastructure for the electronic 
exchange and use of health information. 
Subtitle C—Education 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For an additional amount for ‘‘Education for the Dis-
advantaged’’ to carry out title I of the Elementary and 
Secondary 
Education 
Act 
of 
1965 
(‘‘ESEA’’), 
$13,000,000,000: Provided, That $5,500,000,000 shall be 
available for targeted grants under section 1125 of the 
ESEA, of which $2,750,000,000 shall become available on 
July 1, 2009, and shall remain available through Sep-
tember 30, 2010, and $2,750,000,000 shall become avail-
able on July 1, 2010, and shall remain available through 
September 
30, 
2011: 
Provided 
further, 
That 
$5,500,000,000 shall be available for education finance in-
centive grants under section 1125A of the ESEA, of which 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
158 
$2,750,000,000 shall become available on July 1, 2009, 
and shall remain available through September 30, 2010, 
and $2,750,000,000 shall become available on July 1, 
2010, and shall remain available through September 30, 
2011: Provided further, That $2,000,000,000 shall be for 
school improvement grants under section 1003(g) of the 
ESEA, of which $1,000,000,000 shall become available on 
July 1, 2009, and shall remain available through Sep-
tember 30, 2010, and $1,000,000,000 shall become avail-
able on July 1, 2010, and shall remain available through 
September 30, 2011: Provided further, That the provisions 
of section 1106 of this Act shall not apply to this appro-
priation. 
IMPACT AID 
For an additional amount for ‘‘Impact Aid’’ to carry 
out section 8007 of title VIII of the Elementary and Sec-
ondary Education Act of 1965, $100,000,000, which shall 
remain available through September 30, 2010: Provided, 
That the amount set aside from this appropriation pursu-
ant to section 1106 of this Act shall be 1 percent instead 
of the percentage specified in such section. 
SCHOOL IMPROVEMENT PROGRAMS 
For an additional amount for ‘‘School Improvement 
Programs’’ to carry out subpart 1, part D of title II of 
the Elementary and Secondary Education Act of 1965 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
159 
(‘‘ESEA’’), and subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act, $1,066,000,000: Pro-
vided, That $1,000,000,000 shall be available for subpart 
1, part D of title II of the ESEA, of which $500,000,000 
shall become available on July 1, 2009, and shall remain 
available through September 30, 2010, and $500,000,000 
shall become available on July 1, 2010, and remain avail-
able through September 30, 2011: Provided further, That 
the provisions of section 1106 of this Act shall not apply 
to these funds: Provided further, That $66,000,000 shall 
be available for subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act, of which $33,000,000 
shall become available on July 1, 2009, and shall remain 
available through September 30, 2010, and $33,000,000 
shall become available on July 1, 2010, and remain avail-
able through September 30, 2011. 
INNOVATION AND IMPROVEMENT 
For an additional amount for ‘‘Innovation and Im-
provement’’ to carry out subpart 1, part D and subpart 
2, part B of title V of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’), $225,000,000: Provided, 
That $200,000,000 shall be available for subpart 1, part 
D of title V of the ESEA: Provided further, That these 
funds shall be expended as directed in the fifth, sixth, and 
seventh provisos under the heading ‘‘Innovation and Im-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
160 
provement’’ in the Department of Education Appropria-
tions Act, 2008: Provided further, That a portion of these 
funds shall also be used for a rigorous national evaluation 
by the Institute of Education Sciences, utilizing random-
ized controlled methodology to the extent feasible, that as-
sesses the impact of performance-based teacher and prin-
cipal compensation systems supported by the funds pro-
vided in this Act on teacher and principal recruitment and 
retention in high-need schools and subjects: Provided fur-
ther, That $25,000,000 shall be available for subpart 2, 
part B of title V of the ESEA: Provided further, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 1 percent instead of the 
percentage specified in such section. 
SPECIAL EDUCATION 
For an additional amount for ‘‘Special Education’’ 
for carrying out section 611 and part C of the Individuals 
with 
Disabilities 
Education 
Act 
(‘‘IDEA’’), 
$13,600,000,000: Provided, That $13,000,000,000 shall 
be available for section 611 of the IDEA, of which 
$6,000,000,000 shall become available on July 1, 2009, 
and remain available through September 30, 2010, and 
$7,000,000,000 shall become available on July 1, 2010, 
and remain available through September 30, 2011: Pro-
vided further, That $600,000,000 shall be available for 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
161 
part C of the IDEA, of which $300,000,000 shall become 
available on July 1, 2009, and remain available through 
September 30, 2010, and $300,000,000 shall become 
available on July 1, 2010, and remain available through 
September 30, 2011: Provided further, That by July 1, 
2009, the Secretary of Education shall reserve the amount 
needed for grants under section 643(e) of the IDEA from 
funds available for obligation on July 1, 2009, with any 
remaining funds to be allocated in accordance with section 
643(c) of the IDEA: Provided further, That by July 1, 
2010, the Secretary shall reserve the amount needed for 
grants under section 643(e) of the IDEA from funds avail-
able for obligation on July 1, 2010, with any remaining 
funds to be allocated in accordance with section 643(c) 
of the IDEA: Provided further, That if every State, as de-
fined by section 602(31) of the IDEA, reaches its max-
imum allocation under section 611(d)(3)(B)(iii) of the 
IDEA, and there are remaining funds, such funds shall 
be proportionally allocated to each State subject to the 
maximum amounts contained in section 611(a)(2) of the 
IDEA: Provided further, That the provisions of section 
1106 of this Act shall not apply to this appropriation. 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For an additional amount for ‘‘Rehabilitation Serv-
ices and Disability Research’’ for providing grants to 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
162 
States to carry out the Vocational Rehabilitation Services 
program under part B of title I and parts B and C of 
chapter 1 and chapter 2 of title VII of the Rehabilitation 
Act of 1973, $700,000,000: Provided, That $500,000,000 
shall be available for part B of title I of the Rehabilitation 
Act, of which $250,000,000 shall become available on Oc-
tober 1, 2009: Provided further, That funds provided here-
in shall not be considered in determining the amount re-
quired to be appropriated under section 100(b)(1) of the 
Rehabilitation Act of 1973 in any fiscal year: Provided fur-
ther, That, notwithstanding section 7(14)(A), the Federal 
share of the costs of vocational rehabilitation services pro-
vided with the funds provided herein shall be 100 percent: 
Provided further, That the provisions of section 1106 of 
this Act shall not apply to these funds: Provided further, 
That $200,000,000 shall be available for parts B and C 
of chapter 1 and chapter 2 of title VII of the Rehabilita-
tion Act, of which $100,000,000 shall become available on 
October 1, 2009: Provided further, That $34,775,000 shall 
be for State Grants, $114,581,000 shall be for inde-
pendent living centers, and $50,644,000 shall be for serv-
ices for older blind individuals. 
STUDENT FINANCIAL ASSISTANCE 
For an additional amount for ‘‘Student Financial As-
sistance’’ to carry out subpart 1 of part A and part C 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
163 
of title IV of the Higher Education Act of 1965 (‘‘HEA’’), 
$16,126,000,000, which shall remain available through 
September 30, 2011: Provided, That $15,636,000,000 
shall be available for subpart 1of part A of title IV of the 
HEA: Provided further, That $490,000,000 shall be avail-
able for part C of title IV of the HEA, of which 
$245,000,000 shall become available on October 1, 2009: 
Provided further, That the provisions of section 1106 of 
this Act shall not apply to this appropriation. 
The maximum Pell Grant for which a student shall 
be eligible during award year 2009-2010 shall be $4,860. 
STUDENT AID ADMINISTRATION 
For an additional amount for ‘‘Student Aid Adminis-
tration’’ to carry out part D of title I, and subparts 1, 
3, and 4 of part A, and parts B, C, D, and E of title 
IV of the Higher Education Act of 1965, $50,000,000, 
which shall remain available through September 30, 2011: 
Provided, That such amount shall also be available for an 
independent audit of programs and activities authorized 
under section 459A of such Act: Provided further, That 
the provisions of section 1106 of this Act shall not apply 
to this appropriation. 
HIGHER EDUCATION 
For an additional amount for ‘‘Higher Education’’ to 
carry out part A of title II of the Higher Education Act 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
164 
of 1965, $100,000,000: Provided, That section 203(c)(1) 
of such Act shall not apply to awards made with these 
funds. 
INSTITUTE OF EDUCATION SCIENCES 
For an additional amount for Institute of Education 
Sciences to carry out section 208 of the Educational Tech-
nical Assistance Act, $250,000,000, which may be used 
for Statewide data systems that include postsecondary and 
workforce information, of which up to $5,000,000 may be 
used for State data coordinators and for awards to public 
or private organizations or agencies to improve data co-
ordination: Provided, That the amount set aside from this 
appropriation pursuant to section 1106 of this Act shall 
be 1 percent instead of the percentage specified in such 
section. 
SCHOOL MODERNIZATION, RENOVATION, AND REPAIR 
For carrying out section 9301 of this Act, 
$14,000,000,000: Provided, That amount available under 
section 9301 of this Act for administration and oversight 
shall take the place of the set-aside under section 1106 
of this Act. 
HIGHER EDUCATION MODERNIZATION, RENOVATION, 
AND REPAIR 
For carrying out section 9302 of this Act, 
$6,000,000,000: Provided, That amount available under 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
165 
section 9302 of this Act for administration and oversight 
shall take the place of the set-aside under section 1106 
of this Act. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 9301. 21ST CENTURY GREEN HIGH-PERFORMING PUB-
LIC SCHOOL FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) The term ‘‘Bureau-funded school’’ has the 
meaning given to such term in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 2021). 
(2) The term ‘‘charter school’’ has the meaning 
given such term in section 5210 of the Elementary 
and Secondary Education Act of 1965. 
(3) The term ‘‘local educational agency’’— 
(A) has the meaning given to that term in 
section 9101 of the Elementary and Secondary 
Education Act of 1965, and shall also include 
the Recovery School District of Louisiana and 
the New Orleans Public Schools; and 
(B) includes any public charter school that 
constitutes a local educational agency under 
State law. 
(4) The term ‘‘outlying area’’— 
(A) means the United States Virgin Is-
lands, Guam, American Samoa, and the Com-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
166 
monwealth of the Northern Mariana Islands; 
and 
(B) includes the freely associated states of 
the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, and the Republic 
of Palau. 
(5) The term ‘‘public school facilities’’ includes 
charter schools. 
(6) The term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
(7) The term ‘‘LEED Green Building Rating 
System’’ means the United States Green Building 
Council Leadership in Energy and Environmental 
Design green building rating standard referred to as 
the LEED Green Building Rating System. 
(8) The term ‘‘Energy Star’’ means the Energy 
Star program of the United States Department of 
Energy and the United States Environmental Pro-
tection Agency. 
(9) The term ‘‘CHPS Criteria’’ means the 
green building rating program developed by the Col-
laborative for High Performance Schools. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
167 
(10) The term ‘‘Green Globes’’ means the 
Green Building Initiative environmental design and 
rating system referred to as Green Globes. 
(b) PURPOSE.—Grants under this section shall be for 
the purpose of modernizing, renovating, or repairing pub-
lic school facilities, based on their need for such improve-
ments, to be safe, healthy, high-performing, and up-to- 
date technologically. 
(c) ALLOCATION OF FUNDS.— 
(1) RESERVATIONS.— 
(A) IN GENERAL.—From the amount ap-
propriated to carry out this section, the Sec-
retary of Education shall reserve 1 percent of 
such amount, consistent with the purpose de-
scribed in subsection (b)— 
(i) to provide assistance to the out-
lying areas; and 
(ii) for payments to the Secretary of 
the Interior to provide assistance to Bu-
reau-funded schools. 
(B) ADMINISTRATION AND OVERSIGHT.— 
The Secretary may, in addition, reserve up to 
$6,000,000 of such amount for administration 
and oversight of this section. 
(2) ALLOCATION TO STATES.— 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
168 
(A) 
STATE-BY-STATE
ALLOCATION.—Of 
the amount appropriated to carry out this sec-
tion, and not reserved under paragraph (1), 
each State shall be allocated an amount in pro-
portion to the amount received by all local edu-
cational agencies in the State under part A of 
title I of the Elementary and Secondary Edu-
cation Act of 1965 for fiscal year 2008 relative 
to the total amount received by all local edu-
cational agencies in every State under such part 
for such fiscal year. 
(B) STATE
ADMINISTRATION.—A State 
may reserve up to 1 percent of its allocation 
under subparagraph (A) to carry out its respon-
sibilities under this section, including— 
(i) providing technical assistance to 
local educational agencies; 
(ii) developing, within 6 months of re-
ceiving its allocation under subparagraph 
(A), a plan to develop a database that in-
cludes an inventory of public school facili-
ties in the State and the modernization, 
renovation, and repair needs of, energy use 
by, and the carbon footprint of such 
schools; and 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
169 
(iii) developing a school energy effi-
ciency quality plan. 
(C) GRANTS
TO
LOCAL
EDUCATIONAL 
AGENCIES.—From the amount allocated to a 
State under subparagraph (A), each local edu-
cational agency in the State that meets the re-
quirements of section 1112(a) of the Elemen-
tary and Secondary Education Act of 1965 
shall receive an amount in proportion to the 
amount received by such local educational agen-
cy under part A of title I of that Act for fiscal 
year 2008 relative to the total amount received 
by all local educational agencies in the State 
under such part for such fiscal year, except that 
no local educational agency that received funds 
under part A of title I of that Act for such fis-
cal year shall receive a grant of less than 
$5,000. 
(D) SPECIAL
RULE.—Section 1122(c)(3) 
of the Elementary and Secondary Education 
Act of 1965 shall not apply to subparagraph 
(A) or (C). 
(3) SPECIAL RULES.— 
(A) DISTRIBUTIONS BY SECRETARY.—The 
Secretary of Education shall make and dis-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
170 
tribute the reservations and allocations de-
scribed in paragraphs (1) and (2) not later than 
30 days after the date of the enactment of this 
Act. 
(B) DISTRIBUTIONS BY STATES.—A State 
shall make and distribute the allocations de-
scribed in paragraph (2)(C) within 30 days of 
receiving such funds from the Secretary. 
(d) USE IT OR LOSE IT REQUIREMENTS.— 
(1) DEADLINE FOR BINDING COMMITMENTS.— 
Each local educational agency receiving funds under 
this section shall enter into contracts or other bind-
ing commitments not later than 1 year after the 
date of the enactment of this Act (or not later than 
9 months after such funds are awarded, if later) to 
make use of 50 percent of such funds, and shall 
enter into contracts or other binding commitments 
not later than 2 years after the date of the enact-
ment of this Act (or not later than 21 months after 
such funds are awarded, if later) to make use of the 
remaining funds. In the case of activities to be car-
ried out directly by a local educational agency (rath-
er than by contracts, subgrants, or other arrange-
ments with third parties), a certification by the 
agency specifying the amounts, planned timing, and 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
171 
purpose of such expenditures shall be deemed a 
binding commitment for purposes of this subsection. 
(2) 
REDISTRIBUTION
OF
UNCOMMITTED 
FUNDS.—A State shall recover or deobligate any 
funds not committed in accordance with paragraph 
(1), and redistribute such funds to other local edu-
cational agencies eligible under this section and able 
to make use of such funds in a timely manner (in-
cluding binding commitments within 120 days after 
the reallocation). 
(e) ALLOWABLE USES
OF FUNDS.—A local edu-
cational agency receiving a grant under this section shall 
use the grant for modernization, renovation, or repair of 
public school facilities, including— 
(1) repairing, replacing, or installing roofs, in-
cluding extensive, intensive or semi-intensive green 
roofs, electrical wiring, plumbing systems, sewage 
systems, lighting systems, or components of such 
systems, windows, or doors, including security doors; 
(2) repairing, replacing, or installing heating, 
ventilation, air conditioning systems, or components 
of such systems (including insulation), including in-
door air quality assessments; 
(3) bringing public schools into compliance with 
fire, health, and safety codes, including professional 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
172 
installation of fire/life safety alarms, including mod-
ernizations, renovations, and repairs that ensure 
that schools are prepared for emergencies, such as 
improving building infrastructure to accommodate 
security measures; 
(4) modifications necessary to make public 
school facilities accessible to comply with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) and section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), except that such modifica-
tions shall not be the primary use of the grant; 
(5) asbestos or polychlorinated biphenyls abate-
ment or removal from public school facilities; 
(6) implementation of measures designed to re-
duce or eliminate human exposure to lead-based 
paint hazards through methods including interim 
controls, abatement, or a combination of each; 
(7) implementation of measures designed to re-
duce or eliminate human exposure to mold or mil-
dew; 
(8) upgrading or installing educational tech-
nology infrastructure to ensure that students have 
access to up-to-date educational technology; 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
173 
(9) technology activities that are carried out in 
connection with school repair and renovation, includ-
ing— 
(A) wiring; 
(B) acquiring hardware and software; 
(C) acquiring connectivity linkages and re-
sources; and 
(D) acquiring microwave, fiber optics, 
cable, and satellite transmission equipment; 
(10) modernization, renovation, or repair of 
science and engineering laboratory facilities, librar-
ies, and career and technical education facilities, in-
cluding those related to energy efficiency and renew-
able energy, and improvements to building infra-
structure to accommodate bicycle and pedestrian ac-
cess; 
(11) renewable energy generation and heating 
systems, including solar, photovoltaic, wind, geo-
thermal, or biomass, including wood pellet, systems 
or components of such systems; 
(12) other modernization, renovation, or repair 
of public school facilities to— 
(A) improve teachers’ ability to teach and 
students’ ability to learn; 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
174 
(B) ensure the health and safety of stu-
dents and staff; 
(C) make them more energy efficient; or 
(D) reduce class size; and 
(13) required environmental remediation related 
to public school modernization, renovation, or repair 
described in paragraphs (1) through (12). 
(f) IMPERMISSIBLE USES OF FUNDS.—No funds re-
ceived under this section may be used for— 
(1) payment of maintenance costs; or 
(2) stadiums or other facilities primarily used 
for athletic contests or exhibitions or other events 
for which admission is charged to the general public. 
(g) SUPPLEMENT, NOT SUPPLANT.—A local edu-
cational agency receiving a grant under this section shall 
use such Federal funds only to supplement and not sup-
plant the amount of funds that would, in the absence of 
such Federal funds, be available for modernization, ren-
ovation, or repair of public school facilities. 
(h) PROHIBITION REGARDING STATE AID.—A State 
shall not take into consideration payments under this sec-
tion in determining the eligibility of any local educational 
agency in that State for State aid, or the amount of State 
aid, with respect to free public education of children. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
175 
(i) SPECIAL RULE ON CONTRACTING.—Each local 
educational agency receiving a grant under this section 
shall ensure that, if the agency carries out modernization, 
renovation, or repair through a contract, the process for 
any such contract ensures the maximum number of quali-
fied bidders, including local, small, minority, and women- 
and veteran-owned businesses, through full and open com-
petition. 
(j) SPECIAL RULE ON USE OF IRON AND STEEL 
PRODUCED IN THE UNITED STATES.— 
(1) IN GENERAL.—A local educational agency 
shall not obligate or expend funds received under 
this section for a project for the modernization, ren-
ovation, or repair of a public school facility unless all 
of the iron and steel used in such project is pro-
duced in the United States. 
(2) EXCEPTIONS.—The provisions of paragraph 
(1) shall not apply in any case in which the local 
educational agency finds that— 
(A) their application would be inconsistent 
with the public interest; 
(B) iron and steel are not produced in the 
United States in sufficient and reasonably 
available quantities and of a satisfactory qual-
ity; or 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
176 
(C) inclusion of iron and steel produced in 
the United States will increase the cost of the 
overall project contract by more than 25 per-
cent. 
(k) APPLICATION OF GEPA.—The grant program 
under this section is an applicable program (as that term 
is defined in section 400 of the General Education Provi-
sions Act (20 U.S.C. 1221)) subject to section 439 of such 
Act (20 U.S.C. 1232b). 
(l) CHARTER SCHOOLS.—A local educational agency 
receiving an allocation under this section shall use an equi-
table portion of that allocation for allowable activities ben-
efitting charter schools within its jurisdiction, as deter-
mined based on the percentage of students from low-in-
come families in the schools of the agency who are enrolled 
in charter schools and on the needs of those schools as 
determined by the agency. 
(m) GREEN SCHOOLS.— 
(1) IN GENERAL.—A local educational agency 
shall use not less than 25 percent of the funds re-
ceived under this section for public school mod-
ernization, renovation, or repairs that are certified, 
verified, or consistent with any applicable provisions 
of— 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
177 
(A) the LEED Green Building Rating Sys-
tem; 
(B) Energy Star; 
(C) the CHPS Criteria; 
(D) Green Globes; or 
(E) an equivalent program adopted by the 
State or another jurisdiction with authority over 
the local educational agency. 
(2) TECHNICAL
ASSISTANCE.—The Secretary, 
in consultation with the Secretary of Energy and the 
Administrator of the Environmental Protection 
Agency, shall provide outreach and technical assist-
ance to States and school districts concerning the 
best practices in school modernization, renovation, 
and repair, including those related to student aca-
demic achievement and student and staff health, en-
ergy efficiency, and environmental protection. 
(n) YOUTHBUILD PROGRAMS.—The Secretary of 
Education, in consultation with the Secretary of Labor, 
shall work with recipients of funds under this section to 
promote appropriate opportunities for participants in a 
YouthBuild program (as defined in section 173A of the 
Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to 
gain employment experience on modernization, renovation, 
and repair projects funded under this section. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
178 
(o) REPORTING.— 
(1) REPORTS BY LOCAL EDUCATIONAL AGEN-
CIES.—Local educational agencies receiving a grant 
under this section shall compile, and submit to the 
State educational agency (which shall compile and 
submit such reports to the Secretary), a report de-
scribing the projects for which such funds were used, 
including— 
(A) the number of public schools in the 
agency, including the number of charter 
schools; 
(B) the total amount of funds received by 
the local educational agency under this section 
and the amount of such funds expended, includ-
ing the amount expended for modernization, 
renovation, and repair of charter schools; 
(C) the number of public schools in the 
agency with a metro-centric locale code of 41, 
42, or 43 as determined by the National Center 
for Education Statistics and the percentage of 
funds received by the agency under this section 
that were used for projects at such schools; 
(D) the number of public schools in the 
agency that are eligible for schoolwide programs 
under section 1114 of the Elementary and Sec-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
179 
ondary Education Act of 1965 and the percent-
age of funds received by the agency under this 
section that were used for projects at such 
schools; 
(E) the cost of each project, which, if any, 
of the standards described in subsection (k)(1) 
the project met, and any demonstrable or ex-
pected academic, energy, or environmental ben-
efits as a result of the project; 
(F) if flooring was installed, whether— 
(i) it was low- or no-VOC (Volatile 
Organic Compounds) flooring; 
(ii) it was made from sustainable ma-
terials; and 
(iii) use of flooring described in clause 
(i) or (ii) was cost effective; and 
(G) the total number and amount of con-
tracts awarded, and the number and amount of 
contracts awarded to local, small, minority- 
owned, women-owned, and veteran-owned busi-
nesses. 
(2) REPORTS BY SECRETARY.—Not later than 
December 31, 2011, the Secretary of Education 
shall submit to the Committees on Education and 
Labor and Appropriations of the House of Rep-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
180 
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of 
the Senate a report on grants made under this sec-
tion, including the information described in para-
graph (1), the types of modernization, renovation, 
and repair funded, and the number of students im-
pacted, including the number of students counted 
under section 1113(a)(5) of the Elementary and 
Secondary Education Act of 1965. 
SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVA-
TION, AND REPAIR. 
(a) PURPOSE.—Grants awarded under this section 
shall be for the purpose of modernizing, renovating, and 
repairing institution of higher education facilities that are 
primarily used for instruction, research, or student hous-
ing. 
(b) GRANTS TO STATE HIGHER EDUCATION AGEN-
CIES.— 
(1) FORMULA.—From the amounts appro-
priated to carry out this section, the Secretary of 
Education shall allocate funds to State higher edu-
cation agencies based on the number of students at-
tending institutions of higher education, with the 
State higher education agency in each State receiv-
ing an amount that is in proportion to the number 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
181 
of full-time equivalent undergraduate students at-
tending institutions of higher education in such 
State for the most recent fiscal year for which there 
are data available, relative to the total number of 
full-time equivalent undergraduate students attend-
ing institutions of higher education in all States for 
such fiscal year. 
(2) APPLICATION.—To be eligible to receive an 
allocation from the Secretary under paragraph (1), 
a State higher education agency shall submit an ap-
plication to the Secretary at such time and in such 
manner as the Secretary may reasonably require. 
(3) REALLOCATION.—Amounts allocated to a 
State higher education agency under this section 
that are not obligated by such agency within 6 
months of the date the agency receives such 
amounts shall be returned to the Secretary, and the 
Secretary shall reallocate such amounts to State 
higher education agencies in other States on the 
same basis as the original allocations under para-
graph (1)(B). 
(4) ADMINISTRATION
AND
OVERSIGHT
EX-
PENSES.—From the amounts appropriated to carry 
out this section, not more than $6,000,000 shall be 
available to the Secretary for administrative and 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
182 
oversight expenses related to carrying out this sec-
tion. 
(c) USE OF GRANTS BY STATE HIGHER EDUCATION 
AGENCIES.— 
(1) SUBGRANTS TO INSTITUTIONS OF HIGHER 
EDUCATION.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), each State higher education 
agency receiving an allocation under subsection 
(b)(1) shall use the amount allocated to award 
subgrants to institutions of higher education 
within the State to carry out projects in accord-
ance with subsection (d)(1). 
(B) SUBGRANT
AWARD
ALLOCATION.—A 
State higher education agency shall award sub-
grants to institutions of higher education under 
this section based on the demonstrated need of 
each institution for facility modernization, ren-
ovation, and repair. 
(C) 
PRIORITY
CONSIDERATIONS.—In 
awarding subgrants under this section, each 
State higher education agency shall give pri-
ority consideration to institutions of higher edu-
cation with any of the following characteristics: 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
183 
(i) The institution is eligible for Fed-
eral assistance under title III or title V of 
the Higher Education Act of 1965. 
(ii) The institution was impacted by a 
major disaster or emergency declared by 
the President (as defined in section 102(2) 
of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 
5122(2))), including an institution affected 
by a Gulf hurricane disaster, as such term 
is defined in section 824(g)(1) of the High-
er Education Act of 1965 (20 U.S.C. 
11611–3(g)(1)). 
(iii) The institution demonstrates that 
the proposed project or projects to be car-
ried out with a subgrant under this section 
will increase the energy efficiency of the in-
stitution’s facilities and comply with the 
LEED Green Building Rating System. 
(2) ADMINISTRATIVE
AND
OVERSIGHT
EX-
PENSES.—Of the allocation amount received under 
subsection (b)(1), a State higher education agency 
may reserve not more than 5 percent of such 
amount, or $500,000, whichever is less, for adminis-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
184 
trative and oversight expenses related to carrying 
out this section. 
(d) USE OF SUBGRANTS BY INSTITUTIONS OF HIGH-
ER EDUCATION.— 
(1) PERMISSIBLE USES OF FUNDS.—An institu-
tion of higher education receiving a subgrant under 
this section shall use such subgrant to modernize, 
renovate, or repair facilities of the institution that 
are primarily used for instruction, research, or stu-
dent housing, which may include any of the fol-
lowing: 
(A) Repair, replacement, or installation of 
roofs, electrical wiring, plumbing systems, sew-
age systems, or lighting systems. 
(B) Repair, replacement, or installation of 
heating, ventilation, or air conditioning systems 
(including insulation). 
(C) Compliance with fire and safety codes, 
including— 
(i) professional installation of fire or 
life safety alarms; and 
(ii) modernizations, renovations, and 
repairs that ensure that the institution’s 
facilities are prepared for emergencies, 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
185 
such as improving building infrastructure 
to accommodate security measures. 
(D) Retrofitting necessary to increase the 
energy efficiency of the institution’s facilities. 
(E) Renovations to the institution’s facili-
ties necessary to comply with accessibility re-
quirements in the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.) and sec-
tion 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794). 
(F) Abatement or removal of asbestos from 
the institution’s facilities. 
(G) Modernization, renovation, and repair 
relating to improving science and engineering 
laboratories, libraries, and instructional facili-
ties. 
(H) Upgrading or installation of edu-
cational technology infrastructure. 
(I) Installation or upgrading of renewable 
energy generation and heating systems, includ-
ing solar, photovoltaic, wind, biomass (including 
wood pellet), or geothermal systems, or compo-
nents of such systems. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
186 
(J) Other modernization, renovation, or re-
pair projects that are primarily for instruction, 
research, or student housing. 
(2) GREEN SCHOOL REQUIREMENT.—An insti-
tution of higher education receiving a subgrant 
under this section shall use not less than 25 percent 
of such subgrant to carry out projects for mod-
ernization, renovation, or repair that are certified, 
verified, or consistent with the applicable provisions 
of— 
(A) the LEED Green Building Rating Sys-
tem; 
(B) Energy Star; 
(C) the CHPS Criteria; 
(D) Green Globes; or 
(E) an equivalent program adopted by the 
State or the State higher education agency. 
(3) PROHIBITED USES OF FUNDS.—No funds 
awarded under this section may be used for— 
(A) the maintenance of systems, equip-
ment, or facilities, including maintenance asso-
ciated with any permissible uses of funds de-
scribed in paragraph (1); 
(B) modernization, renovation, or repair of 
stadiums or other facilities primarily used for 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
187 
athletic contests or exhibitions or other events 
for which admission is charged to the general 
public; 
(C) modernization, renovation, or repair of 
facilities— 
(i) used for sectarian instruction, reli-
gious worship, or a school or department 
of divinity; or 
(ii) in which a substantial portion of 
the functions of the facilities are subsumed 
in a religious mission; or 
(D) construction of new facilities. 
(4) USE IT OR LOSE IT REQUIREMENTS.— 
(A) DEADLINE
FOR
BINDING
COMMIT-
MENTS.—Each institution of higher education 
receiving a subgrant under this section shall 
enter into contracts or other binding commit-
ments not later than 1 year after the date of 
the enactment of this Act (or not later than 9 
months after the subgrant is awarded, if later) 
to make use of 50 percent of the funds award-
ed, and shall enter into contracts or other bind-
ing commitments not later than 2 years after 
the date of the enactment of this Act (or not 
later than 21 months after the subgrant is 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
188 
awarded, if later) to make use of the remaining 
funds. In the case of activities to be carried out 
directly by an institution of higher education re-
ceiving such a subgrant (rather than by con-
tracts, subgrants, or other arrangements with 
third parties), a certification by the institution 
specifying the amounts, planned timing, and 
purpose of such expenditures shall be deemed a 
binding commitment for purposes of this sec-
tion. 
(B) REDISTRIBUTION
OF
UNCOMMITTED 
FUNDS.—A State higher education agency shall 
recover or deobligate any subgrant funds not 
committed in accordance with subparagraph 
(A), and redistribute such funds to other insti-
tutions of higher education that are— 
(i) eligible for subgrants under this 
section; and 
(ii) able to make use of such funds in 
a timely manner (including binding com-
mitments within 120 days after the re-
allocation). 
(e) APPLICATION OF GEPA.—The grant program au-
thorized in this section is an applicable program (as that 
term is defined in section 400 of the General Education 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
189 
Provisions Act (20 U.S.C. 1221)) subject to section 439 
of such Act (20 U.S.C. 1232b). The Secretary shall, not-
withstanding section 437 of such Act (20 U.S.C. 1232) 
and section 553 of title 5, United States Code, establish 
such program rules as may be necessary to implement 
such grant program by notice in the Federal Register. 
(f) REPORTING.— 
(1) REPORTS
BY
INSTITUTIONS.—Not later 
than September 30, 2011, each institution of higher 
education receiving a subgrant under this section 
shall submit to the State higher education agency 
awarding such subgrant a report describing the 
projects for which such subgrant was received, in-
cluding— 
(A) a description of each project carried 
out, or planned to be carried out, with such 
subgrant, including the types of modernization, 
renovation, and repair to be completed by each 
such project; 
(B) the total amount of funds received by 
the institution under this section and the 
amount of such funds expended, as of the date 
of the report, on the such projects; 
(C) the actual or planned cost of each such 
project and any demonstrable or expected aca-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
190 
demic, energy, or environmental benefits result-
ing from such project; and 
(D) the total number of contracts, and 
amount of funding for such contracts, awarded 
by the institution to carry out such projects, as 
of the date of such report, including the num-
ber of contracts, and amount of funding for 
such contracts, awarded to local, small, minor-
ity-owned, women-owned, and veteran-owned 
businesses, as such terms are defined by the 
Small Business Act. 
(2) REPORTS BY STATES.—Not later than De-
cember 31, 2011, each State higher education agen-
cy receiving a grant under this section shall submit 
to the Secretary a report containing a compilation of 
all of the reports under paragraph (1) submitted to 
the agency by institutions of higher education. 
(3) REPORTS BY THE SECRETARY.—Not later 
than March 31, 2012, the Secretary shall submit to 
the Committee on Education and Labor in the 
House of Representatives and the Committee on 
Health, Education, Labor, and Pensions in the Sen-
ate and Committees on Appropriations of the House 
of Representatives and the Senate a report on 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
191 
grants and subgrants made under this section, in-
cluding the information described in paragraph (1). 
(g) DEFINITIONS.—In this section: 
(1) CHPS CRITERIA.—The term ‘‘CHPS Cri-
teria’’ means the green building rating program de-
veloped by the Collaborative for High Performance 
Schools. 
(2) ENERGY STAR.—The term ‘‘Energy Star’’ 
means the Energy Star program of the United 
States Department of Energy and the United States 
Environmental Protection Agency. 
(3) 
GREEN
GLOBES.—The 
term 
‘‘Green 
Globes’’ means the Green Building Initiative envi-
ronmental design and rating system referred to as 
Green Globes. 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 101 of the High-
er Education Act of 1965. 
(5) LEED GREEN
BUILDING
RATING
SYS-
TEM.—The term ‘‘LEED Green Building Rating 
System’’ means the United States Green Building 
Council Leadership in Energy and Environmental 
Design green building rating standard referred to as 
the LEED Green Building Rating System. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
192 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(7) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003). 
(8) STATE HIGHER EDUCATION AGENCY.—The 
term ‘‘State higher education agency’’ has the mean-
ing given such term in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003). 
SEC. 9303. MANDATORY PELL GRANTS. 
Section 401(b)(9)(A) of the Higher Education Act of 
1965 (20 U.S.C. 1070a(b)(9)(A)) is amended— 
(1) in clause (ii), by striking ‘‘$2,090,000,000’’ 
and inserting ‘‘$2,733,000,000’’; and 
(2) in clause (iii), by striking ‘‘$3,030,000,000’’ 
and inserting ‘‘$3,861,000,000’’. 
SEC. 9304. INCREASE STUDENT LOAN LIMITS. 
(a) AMENDMENTS.—Section 428H(d) of the Higher 
Education Act of 1965 (20 U.S.C. 1078–8(d)) is amend-
ed— 
(1) in paragraph (3)— 
(A) in subparagraph (A), by striking 
‘‘$2,000’’ and inserting ‘‘$4,000’’; and 
(B) in subparagraph (B), by striking 
‘‘$31,000’’ and inserting ‘‘$39,000’’; and 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
193 
(2) in paragraph (4)— 
(A) in subparagraph (A)— 
(i) in clause (i)(I) and clause (iii)(I), 
by striking ‘‘$6,000’’ each place it appears 
and inserting ‘‘$8,000’’; and 
(ii) in clause (ii)(I) and clause 
(iii)(II), by striking ‘‘$7,000’’ each place it 
appears and inserting ‘‘$9,000’’; and 
(B) in subparagraph (B), by striking 
‘‘$57,500’’ and inserting ‘‘$65,500’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall be effective for loans first disbursed on 
or after January 1, 2009. 
SEC. 9305. STUDENT LENDER SPECIAL ALLOWANCE. 
(a) 
TEMPORARY
CALCULATION
RULE.—Section 
438(b)(2)(I) of the Higher Education Act of 1965 (20 
U.S.C. 1087–1(b)(2)(I)) is amended by adding at the end 
the following new clause: 
‘‘(vii) 
TEMPORARY
CALCULATION 
RULE
DURING
UNSTABLE
COMMERCIAL 
PAPER MARKETS.— 
‘‘(I) CALCULATION
BASED
ON 
LIBOR.—For the calendar quarter be-
ginning on October 1, 2008, and end-
ing on December 31, 2008, in com-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
194 
puting the special allowance paid pur-
suant to this subsection with respect 
to loans for which the first disburse-
ment is made on or after January 1, 
2000, clause (i)(I) of this subpara-
graph shall be applied by substituting 
‘the rate that is the average rate of 
the 3-month London Inter Bank Of-
fered Rate (LIBOR) for United 
States dollars in effect for each of the 
days in such quarter as compiled and 
released by the British Bankers Asso-
ciation, minus 0.13 percent,’ for ‘the 
average of the bond equivalent rates 
of the quotes of the 3-month commer-
cial paper (financial) rates in effect 
for each of the days in such quarter 
as reported by the Federal Reserve in 
Publication H–15 (or its successor) 
for such 3-month period’. 
‘‘(II) 
PARTICIPATION
INTER-
ESTS.—Notwithstanding subclause (I) 
of this clause, the special allowance 
paid on any loan held by a lender that 
has sold participation interests in 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
195 
such loan to the Secretary shall be the 
rate computed under this subpara-
graph without regard to subclause (I) 
of this clause, unless the lender agrees 
that the participant’s yield with re-
spect to such participation interest is 
to be calculated in accordance with 
subclause (I) of this clause.’’. 
(b) 
CONFORMING
AMENDMENTS.—Section 
438(b)(2)(I) of the Higher Education Act of 1965 (20 
U.S.C. 1087–1(b)(2)(I)) is further amended— 
(1) in clause (i)(II), by striking ‘‘such average 
bond equivalent rate’’ and inserting ‘‘the rate deter-
mined under subclause (I)’’; and 
(2) in clause (v)(III), by striking ‘‘(iv), and 
(vi)’’ and inserting ‘‘(iv), (vi), and (vii)’’. 
Subtitle D—Related Agencies 
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
OPERATING EXPENSES 
For an additional amount for ‘‘Operating Expenses’’ 
to carry out the Domestic Volunteer Service Act of 1973 
and the National and Community Service Act of 1990 
(‘‘1990 Act’’), $160,000,000, which shall be used to ex-
pand existing AmeriCorps grants: Provided, That funds 
made available under this heading may be used to provide 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
196 
adjustments to awards made prior to September 30, 2010 
in order to waive the match requirement authorized in sec-
tion 121(e)(4) of part I of subtitle C of the 1990 Act, 
if the Chief Executive Officer of the Corporation for Na-
tional and Community Service (‘‘CEO’’) determines that 
the grantee has reduced capacity to meet this requirement: 
Provided further, That in addition to requirements identi-
fied herein, funds provided under this heading shall be 
subject to the terms and conditions under which funds are 
appropriated in fiscal year 2009: Provided further, That 
the CEO shall provide the Committees on Appropriations 
of the House of Representatives and the Senate a fiscal 
year 2009 operating plan for the funds appropriated under 
this heading prior to making any Federal obligations of 
such funds in fiscal year 2009, but not later than 90 days 
after the date of enactment of this Act, and a fiscal year 
2010 operating plan for such funds prior to making any 
Federal obligations of such funds in fiscal year 2010, but 
not later than November 1, 2009, that detail the allocation 
of resources and the increased number of volunteers sup-
ported by the AmeriCorps programs: Provided further, 
That the CEO shall provide to the Committees on Appro-
priations of the House of Representatives and the Senate 
a report on the actual obligations, expenditures, and unob-
ligated balances for each activity funded under this head-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
197 
ing not later than November 1, 2009, and every 6 months 
thereafter as long as funding provided under this heading 
is available for obligation or expenditure. 
NATIONAL SERVICE TRUST 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘National Service 
Trust’’ established under subtitle D of title I of the Na-
tional and Community Service Act of 1990 (‘‘1990 Act’’), 
$40,000,000, which shall remain available until expended: 
Provided, That the Corporation for National and Commu-
nity Service may transfer additional funds from the 
amount provided within ‘‘Operating Expenses’’ for grants 
made under subtitle C of the 1990 Act to this appropria-
tion upon determination that such transfer is necessary 
to support the activities of national service participants 
and after notice is transmitted to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate: Provided further, That the amount appropriated for 
or transferred to the National Service Trust may be in-
vested under section 145(b) of the 1990 Act without re-
gard to the requirement to apportion funds under 31 
U.S.C. 1513(b). 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
198 
SOCIAL SECURITY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Limitation on Admin-
istrative Expenses’’, $900,000,000, which shall be used as 
follows: 
(1) $400,000,000 for the construction and asso-
ciated costs to establish a new National Computer 
Center, which may include lease or purchase of real 
property: Provided, That the construction plan and 
site selection for such center shall be subject to re-
view and approval by the Office of Management and 
Budget: Provided further, That the Committees on 
Appropriations of the House of Representatives and 
the Senate shall be notified 15 days in advance of 
the lease or purchase of such site: Provided further, 
That such center shall continue to be a government- 
operated facility; and 
(2) $500,000,000 for processing disability and 
retirement 
workloads: 
Provided, 
That 
up 
to 
$40,000,000 may be used by the Commissioner of 
Social Security for health information technology re-
search and activities to facilitate the adoption of 
electronic medical records in disability claims, in-
cluding the transfer of funds to ‘‘Supplemental Se-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
199 
curity Income Program’’ to carry out activities 
under section 1110 of the Social Security Act. 
TITLE X—MILITARY CONSTRUC-
TION 
AND 
VETERANS 
AF-
FAIRS 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, 
Army’’, $920,000,000: Provided, That notwithstanding 
any other provision of law, such funds may be obligated 
and expended to carry out planning and design and mili-
tary construction projects in the United States not other-
wise authorized by law: Provided further, That of the 
amount provided under this heading, $600,000,000 shall 
be for training and recruit troop housing, $220,000,000 
shall be for permanent party troop housing, and 
$100,000,000 shall be for child development centers: Pro-
vided further, That not later than 30 days after the date 
of enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Appropriations of the House 
of Representatives and the Senate an expenditure plan for 
funds provided under this heading. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Military Construction, 
Navy and Marine Corps’’, $350,000,000: Provided, That 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
200 
notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and 
design and military construction projects in the United 
States not otherwise authorized by law: Provided further, 
That of the amount provided under this heading, 
$170,000,000 shall be for sailor and marine housing and 
$180,000,000 shall be for child development centers: Pro-
vided further, That not later than 30 days after the date 
of enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Appropriations of the House 
of Representatives and the Senate an expenditure plan for 
funds provided under this heading. 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Military Construction, 
Air Force’’, $280,000,000: Provided, That notwith-
standing any other provision of law, such funds may be 
obligated and expended to carry out planning and design 
and military construction projects in the United States not 
otherwise authorized by law: Provided further, That of the 
amount provided under this heading, $200,000,000 shall 
be for airmen housing and $80,000,000 shall be for child 
development centers: Provided further, That not later than 
30 days after the date of enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on Ap-
propriations of the House of Representatives and the Sen-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
201 
ate an expenditure plan for funds provided under this 
heading. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
For an additional amount for ‘‘Military Construction, 
Defense-Wide’’, $3,750,000,000, for the construction of 
hospitals and ambulatory surgery centers: Provided, That 
notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and 
design and military construction projects in the United 
States not otherwise authorized by law: Provided further, 
That not later than 30 days after the date of enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Appropriations of the House of Represent-
atives and the Senate an expenditure plan for funds pro-
vided under this heading. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Military Construction, 
Army National Guard’’, $140,000,000: Provided, That 
notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and 
design and military construction projects in the United 
States not otherwise authorized by law: Provided further, 
That not later than 30 days after the date of enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Appropriations of the House of Represent-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
202 
atives and the Senate an expenditure plan for funds pro-
vided under this heading. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For an additional amount for ‘‘Military Construction, 
Air National Guard’’, $70,000,000: Provided, That not-
withstanding any other provision of law, such funds may 
be obligated and expended to carry out planning and de-
sign and military construction projects in the United 
States not otherwise authorized by law: Provided further, 
That not later than 30 days after the date of enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Appropriations of the House of Represent-
atives and the Senate an expenditure plan for funds pro-
vided under this heading. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For an additional amount for ‘‘Military Construction, 
Army Reserve’’, $100,000,000: Provided, That notwith-
standing any other provision of law, such funds may be 
obligated and expended to carry out planning and design 
and military construction projects in the United States not 
otherwise authorized by law: Provided further, That not 
later than 30 days after the date of enactment of this Act, 
the Secretary of Defense shall submit to the Committees 
on Appropriations of the House of Representatives and the 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
203 
Senate an expenditure plan for funds provided under this 
heading. 
MILITARY CONSTRUCTION, NAVY RESERVE 
For an additional amount for ‘‘Military Construction, 
Navy Reserve’’, $30,000,000: Provided, That notwith-
standing any other provision of law, such funds may be 
obligated and expended to carry out planning and design 
and military construction projects in the United States not 
otherwise authorized by law: Provided further, That not 
later than 30 days after the date of enactment of this Act, 
the Secretary of Defense shall submit to the Committees 
on Appropriations of the House of Representatives and the 
Senate an expenditure plan for funds provided under this 
heading. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For an additional amount for ‘‘Military Construction, 
Air Force Reserve’’, $60,000,000: Provided, That notwith-
standing any other provision of law, such funds may be 
obligated and expended to carry out planning and design 
and military construction projects in the United States not 
otherwise authorized by law: Provided further, That not 
later than 30 days after the date of enactment of this Act, 
the Secretary of Defense shall submit to the Committees 
on Appropriations of the House of Representatives and the 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
204 
Senate an expenditure plan for funds provided under this 
heading. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990 
For an additional amount to be deposited into the 
Department of Defense Base Closure Account 1990, es-
tablished by section 2906(a)(1) of the Defense Base Clo-
sure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
$300,000,000: Provided, That not later than 30 days after 
the date of enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate an expenditure 
plan for funds provided under this heading. 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS HEALTH ADMINISTRATION 
MEDICAL FACILITIES 
For an additional amount for ‘‘Medical Facilities’’ for 
non-recurring maintenance, including energy projects, 
$950,000,000: Provided, That not later than 30 days after 
the date of enactment of this Act, the Secretary of Vet-
erans Affairs shall submit to the Committees on Appro-
priations of the House of Representatives and the Senate 
an expenditure plan for funds provided under this head-
ing. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
205 
NATIONAL CEMETERY ADMINISTRATION 
For an additional amount for ‘‘National Cemetery 
Administration’’ for monument and memorial repairs, 
$50,000,000: Provided, That not later than 30 days after 
the date of enactment of this Act, the Secretary of Vet-
erans Affairs shall submit to the Committees on Appro-
priations of the House of Representatives and the Senate 
an expenditure plan for funds provided under this head-
ing. 
TITLE XI—DEPARTMENT OF 
STATE 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
CAPITAL INVESTMENT FUND 
For an additional amount for ‘‘Capital Investment 
Fund’’, $276,000,000, of which up to $120,000,000 shall 
be available for the design and construction of a backup 
information management facility in the United States to 
support mission-critical operations and projects, and up 
to $98,527,000 shall be available to carry out the Depart-
ment of State’s responsibilities under the Comprehensive 
National Cybersecurity Initiative: Provided, That the Sec-
retary of State shall submit to the Committees on Appro-
priations of the House of Representatives and the Senate 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
206 
within 90 days of enactment of this Act a detailed spend-
ing plan for funds appropriated under this heading. 
INTERNATIONAL COMMISSIONS 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, 
UNITED STATES AND MEXICO 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Construction’’ for the 
water quantity program to meet immediate repair and re-
habilitation requirements, $224,000,000: Provided, That 
up to $2,000,000 may be transferred to, and merged with, 
funds available under the heading ‘‘International Bound-
ary and Water Commission, United States and Mexico— 
Salaries and Expenses’’, and such amount shall be in lieu 
of amounts available under section 1106 of this Act: Pro-
vided, That the Secretary of State shall submit to the 
Committees on Appropriations of the House of Represent-
atives and the Senate within 90 days of enactment of this 
Act a detailed spending plan for funds appropriated under 
this heading. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
207 
TITLE 
XII—TRANSPORTATION, 
AND HOUSING AND URBAN 
DEVELOPMENT 
DEPARTMENT OF TRANSPORTATION 
FEDERAL AVIATION ADMINISTRATION 
GRANTS-IN-AID FOR AIRPORTS 
For an additional amount for ‘‘Grants-in-Aid for Air-
ports’’, to enable the Secretary of Transportation to make 
grants for discretionary projects as authorized by sub-
chapter I of chapter 471 and subchapter I of chapter 475 
of title 49, United States Code, $3,000,000,000: Provided, 
That such funds shall not be subject to apportionment for-
mulas, special apportionment categories, or minimum per-
centages under chapter 471: Provided further, That the 
conditions, certifications, and assurances required for 
grants under subchapter I of chapter 471 of such title 
apply: Provided further, That for purposes of applying sec-
tion 1104 of this Act to this appropriation, the deadline 
for grantees to enter into contracts or other binding com-
mitments to make use of not less than 50 percent of the 
funds awarded shall be 120 days after award of the grant. 
FEDERAL HIGHWAY ADMINISTRATION 
HIGHWAY INFRASTRUCTURE INVESTMENT 
For projects and activities eligible under section 133 
of title 23, United States Code, section 144 of such title 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
208 
(without regard to subsection (g)), and sections 103, 119, 
134, 148, and 149 of such title, $30,000,000,000, of 
which $300,000,000 shall be for Indian reservation roads 
under section 204 of such title; $250,000,000 shall be for 
park roads and parkways under section 204 of such title; 
$20,000,000 shall be for highway surface transportation 
and technology training under section 140(b) of such title; 
and $20,000,000 shall be for disadvantaged business en-
terprises bonding assistance under section 332(e) of title 
49, United States Code: Provided, That the amount set 
aside from this appropriation pursuant to section 1106 of 
this Act shall not be more than 0.2 percent of the funds 
made available under this heading instead of the percent-
age specified in such section: Provided further, That, after 
making the set-asides authorized by the previous provisos, 
the funds made available under this heading shall be dis-
tributed among the States, and Puerto Rico, American 
Samoa, Guam, the Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands, in the same ratio as the 
obligation limitation for fiscal year 2008 was distributed 
among the States in accordance with the formula specified 
in section 120(a)(6) of division K of Public Law 110–161, 
but, in the case of the Puerto Rico Highway Program and 
the Territorial Highway Program, under section 120(a)(5) 
of such division: Provided further, That 45 percent of the 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
209 
funds distributed to a State under this heading shall be 
suballocated within the State in the manner and for the 
purposes described in section 133(d) of title 23, United 
States Code, (without regard to the comparison to fiscal 
year 2005 in paragraph (2)): Provided further, That in 
selecting projects to be funded, recipients shall give pri-
ority to projects that can award contracts within 120 days 
of enactment of this Act, are included in an approved 
Statewide Transportation Improvement Program (STIP) 
and/or Metropolitan Transportation Improvement Pro-
gram (TIP), are projected for completion within a three- 
year time frame, and are located in economically dis-
tressed areas as defined by section 301 of the Public 
Works and Economic Development Act of 1965, as 
amended (42 U.S.C. 3161): Provided further, That funds 
made available under this heading shall be administered 
as if apportioned under chapter 1 of title 23, United 
States Code, except for funds made available for Indian 
reservation roads and park roads and parkways which 
shall be administered in accordance with chapter 2 of title 
23, United States Code: Provided further, That the Fed-
eral share payable on account of any project or activity 
carried out with funds made available under this heading 
shall, at the option of the recipient, be up to 100 percent 
of the total cost thereof: Provided further, That funds 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
210 
made available by this Act shall not be obligated for the 
purposes authorized under section 115(b) of title 23, 
United States Code: Provided further, That the provisions 
of section 1101(b) of Public Law 109–59 shall apply to 
funds made available under this heading: Provided further, 
That, in lieu of the redistribution required by section 
1104(b) of this Act, if less than 50 percent of the funds 
made available to each State and territory under this 
heading are obligated within 180 days after the date of 
distribution of those funds to the States and territories, 
then the portion of the 50 percent of the total funding 
distributed to the State or territory that has not been obli-
gated shall be redistributed, in the manner described in 
section 120(c) of division K of Public Law 110–161, to 
those States and territories that have obligated at least 
50 percent of the funds made available under this heading 
and are able to obligate amounts in addition to those pre-
viously distributed, except that, for those funds suballo-
cated within the State, if less than 50 percent of the funds 
so suballocated within the State are obligated within 150 
days of suballocation, then the portion of the 50 percent 
of funding so suballocated that has not been obligated will 
be returned to the State for use anywhere in the State 
prior to being redistributed in accordance with the first 
part of this proviso: Provided further, That, in lieu of the 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
211 
redistribution required by section 1104(b) of this Act, any 
funds made available under this heading that are not obli-
gated by August 1, 2010, shall be redistributed, in the 
manner described in section 120(c) of division K of Public 
Law 110–161, to those States able to obligate amounts 
in addition to those previously distributed, except that 
funds suballocated within the State that are not obligated 
by June 1, 2010, will be returned to the State for use 
anywhere in the State prior to being redistributed in ac-
cordance with the first part of this proviso: Provided fur-
ther, That notwithstanding section 1103 of this Act, funds 
made available under this heading shall be apportioned not 
later than 7 days after the date of enactment of this Act. 
FEDERAL RAILROAD ADMINISTRATION 
CAPITAL ASSISTANCE FOR INTERCITY PASSENGER RAIL 
SERVICE 
For an additional amount for ‘‘Capital Assistance for 
Intercity Passenger Rail Service’’ to enable the Secretary 
of Transportation to make grants for capital costs as au-
thorized by chapter 244 of title 49 United States Code, 
$300,000,000: Provided, That notwithstanding section 
1103 of this Act, the Secretary shall give preference to 
projects for the repair, rehabilitation, upgrade, or pur-
chase of railroad assets or infrastructure that can be 
awarded within 180 days of enactment of this Act: Pro-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
212 
vided further, That in awarding grants for the acquisition 
of a piece of rolling stock or locomotive, the Secretary shall 
give preference to FRA-compliant rolling stock and loco-
motives: Provided further, That the Secretary shall give 
preference to projects that support the development of 
intercity high speed rail service: Provided further, That the 
Federal share shall be, at the option of the recipient, up 
to 100 percent. 
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
For an additional amount for ‘‘Capital and Debt 
Service Grants to the National Railroad Passenger Cor-
poration’’ (Amtrak) to enable the Secretary of Transpor-
tation to make capital grants to Amtrak as authorized by 
section 101(c) of the Passenger Rail Investment and Im-
provement 
Act 
of 
2008 
(Public 
Law 
110–432), 
$800,000,000: Provided, That priority shall be given to 
projects for the repair, rehabilitation, or upgrade of rail-
road assets or infrastructure: Provided further, That none 
of the funds under this heading shall be used to subsidize 
the operating losses of Amtrak: Provided further, Notwith-
standing section 1103 of this Act, funds made available 
under this heading shall be awarded not later than 7 days 
after the date of enactment of this Act. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
213 
FEDERAL TRANSIT ADMINISTRATION 
TRANSIT CAPITAL ASSISTANCE 
For 
transit 
capital 
assistance 
grants, 
$6,000,000,000, of which $5,400,000,000 shall be for 
grants under section 5307 of title 49, United States Code 
and shall be apportioned in accordance with section 5336 
of such title (other than subsections (i)(1) and (j)) but 
may not be combined or commingled with any other funds 
apportioned under such section 5336, and of which 
$600,000,000 shall be for grants under section 5311 of 
such title and shall be apportioned in accordance with such 
section 5311 but may not be combined or commingled with 
any other funds apportioned under that section: Provided, 
That of the funds provided for section 5311 under this 
heading, 3 percent shall be made available for section 
5311(c)(1): Provided further, That applicable chapter 53 
requirements shall apply except that the Federal share of 
the costs for which a grant is made under this heading 
shall be, at the option of the recipient, up to 100 percent: 
Provided further, In lieu of the requirements of section 
1103 of this Act, funds made available under this heading 
shall be apportioned not later than 7 days after the date 
of enactment of this Act: Provided further, That for pur-
poses of applying section 1104 of this Act to this appro-
priation, the deadline for grantees to enter into obligations 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
214 
to make use of not less than 50 percent of the funds 
awarded shall be 180 days after apportionment: Provided 
further, That the provisions of section 1101(b) of Public 
Law 109–59 shall apply to funds made available under 
this heading: Provided further, That notwithstanding any 
other provision of law, of the funds apportioned in accord-
ance with section 5336, up to three-quarters of 1 percent 
shall be available for administrative expenses and program 
management oversight and of the funds apportioned in ac-
cordance with section 5311, up to one-half of 1 percent 
shall be available for administrative expenses and program 
management oversight and both amounts shall remain 
available for obligation until September 30, 2012: Pro-
vided further, That the preceding proviso shall apply in 
lieu of the provisions in section 1106 of this Act. 
FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT 
For an amount for capital expenditures authorized 
under section 5309(b)(2) of title 49, United States Code, 
$2,000,000,000: Provided, That the Secretary of Trans-
portation shall apportion funds under this heading pursu-
ant to the formula set forth in section 5337 of title 49, 
United States Code: Provided further, That the funds ap-
propriated under this heading shall not be commingled 
with funds available under the Formula and Bus Grants 
account: Provided further, In lieu of the requirements of 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
215 
section 1103 of this Act, funds made available under this 
heading shall be apportioned not later than 7 days after 
the date of enactment of this Act: Provided further, That 
for purposes of applying section 1104 of this Act to this 
appropriation, the deadline for grantees to enter into obli-
gations to make use of not less than 50 percent of the 
funds awarded shall be 180 days after apportionment: 
Provided further, That applicable chapter 53 requirements 
shall apply except that the Federal share of the costs for 
which a grant is made under this heading shall be, at the 
option of the recipient, up to 100 percent: Provided fur-
ther, That the provisions of section 1101(b) of Public Law 
109–59 shall apply to funds made available under this 
heading: Provided further, That notwithstanding any other 
provision of law, up to 1 percent of the funds under this 
heading shall be available for administrative expenses and 
program management oversight and shall remain available 
for obligation until September 30, 2012: Provided further, 
That the preceding proviso shall apply in lieu of the provi-
sions in section 1106 of this Act. 
CAPITAL INVESTMENT GRANTS 
For an additional amount for ‘‘Capital Investment 
Grants’’, as authorized under section 5338(c)(4) of title 
49, United States Code, and allocated under section 
5309(m)(2)(A) of such title, to enable the Secretary of 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
216 
Transportation to make discretionary grants as authorized 
by section 5309(d) and (e) of such title, $1,000,000,000: 
Provided, That such amount shall be allocated without re-
gard to the limitation under section 5309(m)(2)(A)(i): 
Provided further, That in selecting projects to be funded, 
priority shall be given to projects that are currently in con-
struction or are able to award contracts based on bids 
within 120 days of enactment of this Act: Provided further, 
That for purposes of applying section 1104 of this Act 
to this appropriation, the deadline for grantees to enter 
into contracts or other binding commitments to make use 
of not less than 50 percent of the funds awarded shall 
be 120 days after award: Provided further, That the provi-
sions of section 1101(b) of Public Law 109–59 shall apply 
to funds made available under this heading: Provided fur-
ther, That applicable chapter 53 requirements shall apply, 
except that notwithstanding any other provision of law, 
up to 1 percent of the funds under this heading shall be 
available for administrative expenses and program man-
agement oversight and shall remain available for obliga-
tion until September 30, 2012: Provided further, That the 
preceding proviso shall apply in lieu of the provisions in 
section 1106 of this Act. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
217 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
PUBLIC AND INDIAN HOUSING 
PUBLIC HOUSING CAPITAL FUND 
For an additional amount for ‘‘Public Housing Cap-
ital Fund’’ to carry out capital and management activities 
for public housing agencies, as authorized under section 
9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (‘‘the Act’’), $5,000,000,000: Provided, That the 
Secretary of Housing and Urban Development shall dis-
tribute at least $4,000,000,000 of this amount by the 
same formula used for amounts made available in fiscal 
year 2008: Provided further, That public housing authori-
ties shall give priority to capital projects that can award 
contracts based on bids within 120 days from the date 
the funds are made available to the public housing au-
thorities: Provided further, That public housing agencies 
shall give priority consideration to the rehabilitation of va-
cant rental units: Provided further, That notwithstanding 
any other provision of the Act or regulations, (1) funding 
provided herein may not be used for Operating Fund ac-
tivities pursuant to section 9(g) of the Act, and (2) any 
restriction of funding to replacement housing uses shall 
be inapplicable: Provided further, That public housing 
agencies shall prioritize capital projects underway or al-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
218 
ready in their 5-year plans: Provided further, That of the 
amount provided under this heading, the Secretary may 
obligate up to $1,000,000,000, for competitive grants to 
public housing authorities for activities including: (1) in-
vestments that leverage private sector funding or financ-
ing for housing renovations and energy conservation ret-
rofit investments; (2) rehabilitation of units using sustain-
able materials and methods that improve energy efficiency, 
reduce energy costs, or preserve and improve units with 
good access to public transportation or employment cen-
ters; (3) increase the availability of affordable rental hous-
ing by expediting rehabilitation projects to bring vacant 
units into use or by filling the capital investment gap for 
redevelopment or replacement housing projects which have 
been approved or are otherwise ready to proceed but are 
stalled due to the inability to obtain anticipated private 
capital; or (4) address the needs of seniors and persons 
with disabilities through improvements to housing and re-
lated facilities which attract or promote the coordinated 
delivery of supportive services: Provided further, That the 
Secretary may waive statutory or regulatory provisions re-
lated to the obligation and expenditure of capital funds 
if necessary to facilitate the timely expenditure of funds 
(except for requirements related to fair housing, non-
discrimination, labor standards, and the environment). 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
219 
ELDERLY, DISABLED, AND SECTION 8 ASSISTED HOUSING 
ENERGY RETROFIT 
For grants or loans to owners of properties receiving 
project-based assistance pursuant to section 202 of the 
Housing Act of 1959 (12 U.S.C. 17012), section 811 of 
the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 8013), or section 8 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f), to accomplish energy 
retrofit investments, $2,500,000,000: Provided, That such 
loans or grants shall be provided through the Office of 
Affordable Housing Preservation of the Department of 
Housing and Urban Development, on such terms and con-
ditions as the Secretary of Housing and Urban Develop-
ment deems appropriate: Provided further, That eligible 
owners must have at least a satisfactory management re-
view rating, be in substantial compliance with applicable 
performance standards and legal requirements, and com-
mit to an additional period of affordability determined by 
the Secretary: Provided further, That the Secretary shall 
undertake appropriate underwriting and oversight with re-
spect to such transactions: Provided further, That the Sec-
retary may set aside funds made available under this 
heading for an efficiency incentive payable upon satisfac-
tory completion of energy retrofit investments, and may 
provide additional incentives if such investments resulted 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
220 
in extraordinary job creation for low-income and very low- 
income persons: Provided further, that of the funds pro-
vided under this heading, 1 percent shall be available only 
for staffing, training, technical assistance, technology, 
monitoring, research and evaluation activities. 
NATIVE AMERICAN HOUSING BLOCK GRANTS 
For an additional amount for ‘‘Native American 
Housing Block Grants’’, as authorized under title I of the 
Native American Housing Assistance and Self-Determina-
tion Act of 1996 (‘‘NAHASDA’’) (25 U.S.C. 4111 et 
seq.), $500,000,000: Provided, That $250,000,000 of the 
amount appropriated under this heading shall be distrib-
uted according to the same funding formula used in fiscal 
year 2008: Provided further, That in selecting projects to 
be funded, recipients shall give priority to projects that 
can award contracts based on bids within 120 days from 
the date that funds are available to the recipients: Pro-
vided further, That in allocating the funds appropriated 
under this heading, the Secretary of Housing and Urban 
Development shall not require an additional action plan 
from grantees: Provided further, That the Secretary may 
obligate $250,000,000 of the amount appropriated under 
this heading for competitive grants to eligible entities that 
apply for funds as authorized under NAHASDA: Provided 
further, That in awarding competitive funds, the Secretary 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
221 
shall give priority to projects that will spur construction 
and rehabilitation and will create employment opportuni-
ties for low-income and unemployed persons. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
For an additional amount for ‘‘Community Develop-
ment Fund’’ $1,000,000,000, to carry out the community 
development block grant program under title I of the 
Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.): Provided, That the amount appro-
priated in this paragraph shall be distributed according 
to the same funding formula used in fiscal year 2008: Pro-
vided further, That in allocating the funds appropriated 
in this paragraph, the Secretary of Housing and Urban 
Development shall not require an additional action plan 
from grantees: Provided further, That in selecting projects 
to be funded, recipients shall give priority to projects that 
can award contracts based on bids within 120 days from 
the date the funds are made available to the recipients; 
Provided further, That in administering funds provided in 
this paragraph, the Secretary may waive any provision of 
any statute or regulation that the Secretary administers 
in connection with the obligation by the Secretary or the 
use by the recipient of these funds (except for require-
ments related to fair housing, nondiscrimination, labor 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
222 
standards, and the environment), upon a finding that such 
waiver is required to facilitate the timely use of such funds 
and would not be inconsistent with the overall purpose of 
the statute. 
For a further additional amount for ‘‘Community De-
velopment Fund’’, $4,190,000,000, to be used for neigh-
borhood stabilization activities related to emergency as-
sistance for the redevelopment of abandoned and fore-
closed homes as authorized under division B, title III of 
the Housing and Economic Recovery Act of 2008 (Public 
Law 110–289), of which— 
(1) not less than $3,440,000,000 shall be allo-
cated by a competition for which eligible entities 
shall be States, units of general local government, 
and nonprofit entities or consortia of nonprofit enti-
ties: Provided, That the award criteria for such com-
petition shall include grantee capacity, leveraging 
potential, targeted impact of foreclosure prevention, 
and any additional factors determined by the Sec-
retary of Housing and Urban Development: Provided 
further, that the Secretary may establish a minimum 
grant size: Provided further, That amounts made 
available under this Section may be used to (A) es-
tablish financing mechanisms for purchase and rede-
velopment of foreclosed-upon homes and residential 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
223 
properties, including such mechanisms as soft-sec-
onds, loan loss reserves, and shared-equity loans for 
low- and moderate-income homebuyers; (B) purchase 
and rehabilitate homes and residential properties 
that have been abandoned or foreclosed upon, in 
order to sell or rent such homes and properties; (C) 
establish and operate land banks for homes that 
have been foreclosed upon; (D) demolish foreclosed 
properties that have become blighted structures; and 
(E) redevelop demolished or vacant foreclosed prop-
erties in order to sell or rent such properties; and 
(2) up to $750,000,000 shall be awarded by 
competition to nonprofit entities or consortia of non-
profit entities to provide community stabilization as-
sistance by (A) accelerating state and local govern-
ment and nonprofit productivity; (B) increasing the 
scale and efficiency of property transfers of fore-
closed and vacant residential properties from finan-
cial institutions and government entities to qualified 
local housing providers in order to return the prop-
erties to productive affordable housing use; (C) 
building industry and property management capac-
ity; and (D) partnering with private sector real es-
tate developers and contractors and leveraging pri-
vate sector capital: Provided further, That such com-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
224 
munity stabilization assistance shall be provided pri-
marily in States and areas with high rates of de-
faults and foreclosures to support the acquisition, re-
habilitation and property management of single-fam-
ily and multi-family homes and to work in partner-
ship with the private sector real estate industry and 
to leverage available private and public funds for 
those purposes: Provided further, That for purposes 
of this paragraph qualified local housing providers 
shall be nonprofit organizations with demonstrated 
capabilities in real estate development or acquisition 
and rehabilitation or property management of single- 
or multi-family homes, or local or state governments 
or instrumentalities of such governments: Provided 
further, That qualified local housing providers shall 
be expected to utilize and leverage additional local 
nonprofit, governmental, for-profit and private re-
sources: 
Provided further, That in the case of any foreclosure on 
any dwelling or residential real property acquired with any 
amounts made available under this heading, any successor 
in interest in such property pursuant to the foreclosure 
shall assume such interest subject to—(1) the provision 
by such successor in interest of a notice to vacate to any 
bona fide tenant at least 90 days before the effective date 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
225 
of such notice; and (2) the rights of any bona fide tenant, 
as of the date of such notice of foreclosure (A) under any 
bona fide lease entered into before the notice of foreclosure 
to occupy the premises until the end of the remaining term 
of the lease, except that a successor in interest may termi-
nate a lease effective on the date of sale of the unit to 
a purchaser who will occupy the unit as a primary resi-
dence, subject to the receipt by the tenant of the 90-day 
notice under this paragraph; or (B) without a lease or with 
a lease terminable at will under State law, subject to the 
receipt by the tenant of the 90-day notice under this para-
graph, except that nothing in this paragraph shall affect 
the requirements for termination of any Federal- or State- 
subsidized tenancy or of any State or local law that pro-
vides longer time periods or other additional protections 
for tenants: Provided further, That, for purposes of this 
paragraph, a lease or tenancy shall be considered bona fide 
only if (1) the mortgagor under the contract is not the 
tenant; (2) the lease or tenancy was the result of an arms- 
length transaction; and (3) the lease or tenancy requires 
the receipt of rent that is not substantially less than fair 
market rent for the property: Provided further, That the 
recipient of any grant or loan from amounts made avail-
able under this heading may not refuse to lease a dwelling 
unit in housing assisted with such loan or grant to a hold-
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
226 
er of a voucher or certificate of eligibility under section 
8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f) because of the status of the prospective tenant as 
such a holder: Provided further, That in the case of any 
qualified foreclosed housing for which funds made avail-
able under this heading are used and in which a recipient 
of assistance under section 8(o) of the U.S. Housing Act 
of 1937 resides at the time of acquisition or financing, 
the owner and any successor in interest shall be subject 
to the lease and to the housing assistance payments con-
tract for the occupied unit: Provided further, That 
vacating the property prior to sale shall not constitute 
good cause for termination of the tenancy unless the prop-
erty is unmarketable while occupied or unless the owner 
or subsequent purchaser desires the unit for personal or 
family use: Provided further, That this paragraph shall not 
preempt any State or local law that provides more protec-
tion for tenants: Provided further, That amounts made 
available under this heading may be used for the costs 
of demolishing foreclosed housing that is deteriorated or 
unsafe: Provided further, That the amount for demolition 
of such housing may not exceed 10 percent of amounts 
allocated under this paragraph to States and units of gen-
eral local government: Provided further, That no amounts 
from a grant made under this paragraph may be used to 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS
227 
demolish any public housing (as such term is defined in 
section 3 of the United States Housing Act of 1937 (42 
U.S.C. 1437a)): Provided further, That section 2301(d)(4) 
of the Housing and Economic Recovery Act of 2008 (Pub-
lic Law 110–289) is repealed. 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
For an additional amount for ‘‘HOME Investment 
Partnerships Program’’ as authorized under Title II of the 
Cranston-Gonzalez National Affordable Housing Act (‘‘the 
Act’’), $1,500,000,000: Provided, That the amount appro-
priated under this heading shall be distributed according 
to the same funding formula used in fiscal year 2008: Pro-
vided further, That the Secretary of Housing and Urban 
Development may waive statutory or regulatory provisions 
related to the obligation of such funds if necessary to fa-
cilitate the timely expenditure of funds (except for require-
ments related to fair housing, nondiscrimination, labor 
standards, and the environment): Provided further, That 
in selecting projects to be funded, recipients shall give pri-
ority to projects that can award contracts based on bids 
within 120 days from the date that funds are available 
to the recipients. 
VerDate Nov 24 2008 
01:08 Jan 27, 2009
Jkt 079200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
jbell on PROD1PC69 with BILLS