176 
provement’’ in the Department of Education Appropria-
tions Act, 2008: Provided further, That a portion of these 
funds shall also be used for a rigorous national evaluation 
by the Institute of Education Sciences, utilizing random-
ized controlled methodology to the extent feasible, that as-
sesses the impact of performance-based teacher and prin-
cipal compensation systems supported by the funds pro-
vided in this Act on teacher and principal recruitment and 
retention in high-need schools and subjects: Provided fur-
ther, That $25,000,000 shall be available for subpart 2, 
part B of title V of the ESEA: Provided further, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 1 percent instead of the 
percentage specified in such section. 
SPECIAL EDUCATION 
For an additional amount for ‘‘Special Education’’ 
for carrying out section 611 and part C of the Individuals 
with 
Disabilities 
Education 
Act 
(‘‘IDEA’’), 
$13,600,000,000: Provided, That $13,000,000,000 shall 
be available for section 611 of the IDEA, of which 
$6,000,000,000 shall become available on July 1, 2009, 
and remain available through September 30, 2010, and 
$7,000,000,000 shall become available on July 1, 2010, 
and remain available through September 30, 2011: Pro-
vided further, That $600,000,000 shall be available for 
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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 
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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 
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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 
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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 
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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-
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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. 
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(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.— 
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(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 
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(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-
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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 
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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 
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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; 
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(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; 
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(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. 
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(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 
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(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— 
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(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. 
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(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-
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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-
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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 
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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 
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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: 
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(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-
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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, 
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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. 
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(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 
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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 
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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 
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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-
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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 
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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. 
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(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 
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(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-
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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 
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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 
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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-
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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). 
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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-
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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 
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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-
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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-
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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 
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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 
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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. 
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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 
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(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 
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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 
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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 
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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-
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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. 
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229 
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 
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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 
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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 
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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. 
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233 
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-
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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). 
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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 
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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 
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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 
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238 
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 
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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-
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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 
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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-
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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 
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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. 
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SELF-HELP AND ASSISTED HOMEOWNERSHIP 
OPPORTUNITY PROGRAM 
For an additional amount for ‘‘Self-Help and As-
sisted Homeownership Opportunity Program’’, as author-
ized under section 11 of the Housing Opportunity Pro-
gram Extension Act of 1996, $10,000,000: Provided, That 
in awarding competitive grant funds, the Secretary of 
Housing and Urban Development shall give priority to the 
provision and rehabilitation of sustainable, affordable sin-
gle and multifamily units in low-income, high-need rural 
areas: Provided further, That in selecting projects to be 
funded, grantees 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 grantee. 
HOMELESS ASSISTANCE GRANTS 
For an additional amount for ‘‘Homeless Assistance 
Grants’’, for the emergency shelter grants program as au-
thorized under subtitle B of tile IV of the McKinney-Vento 
Homeless Assistance Act, $1,500,000,000: Provided, That 
in addition to homeless prevention activities specified in 
the emergency shelter grant program, funds provided 
under this heading may be used for the provision of short- 
term or medium-term rental assistance; housing relocation 
and stabilization services including housing search, medi-
ation or outreach to property owners, legal services, credit 
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repair, resolution of security or utility deposits, utility pay-
ments, rental assistance for a final month at a location, 
and moving costs assistance; or other appropriate home-
lessness prevention activities; Provided further, That these 
funds shall be allocated pursuant to the formula author-
ized by section 413 of such Act: Provided further, That 
the Secretary of Housing and Urban Development may 
waive statutory or regulatory provisions related to the obli-
gation and use of emergency shelter grant funds necessary 
to facilitate the timely expenditure of funds. 
OFFICE OF HEALTHY HOMES AND LEAD HAZARD 
CONTROL 
LEAD HAZARD REDUCTION 
For an additional amount for ‘‘Lead Hazard Reduc-
tion’’, for the Lead Hazard Reduction Program as author-
ized by section 1011 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992, $100,000,000: Provided, 
That for purposes of environmental review, pursuant to 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and other provisions of law that further the 
purposes of such Act, a grant under the Healthy Homes 
Initiative, Operation Lead Elimination Action Plan 
(LEAP), or the Lead Technical Studies program under 
this heading or under prior appropriations Acts for such 
purposes under this heading, shall be considered to be 
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funds for a special project for purposes of section 305(e) 
of the Multifamily Housing Property Disposition Reform 
Act of 1994: Provided further, That of the total amount 
made available under this heading, $30,000,000 shall be 
made available on a competitive basis for areas with the 
highest lead paint abatement needs. 
GENERAL PROVISIONS, THIS TITLE 
SEC. 12001. MAINTENANCE OF EFFORT AND REPORTING 
REQUIREMENTS TO ENSURE TRANSPARENCY 
AND ACCOUNTABILITY. 
(a) MAINTENANCE OF EFFORT.—Not later than 30 
days after the date of enactment of this Act, for each 
amount that is distributed to a State or agency thereof 
from an appropriation in this Act for a covered program, 
the Governor of the State shall certify that the State will 
maintain its effort with regard to State funding for the 
types of projects that are funded by the appropriation. As 
part of this certification, the Governor shall submit to the 
covered agency a statement identifying the amount of 
funds the State planned to expend as of the date of enact-
ment of this Act from non-Federal sources in the period 
beginning on the date of enactment of this Act through 
September 30, 2010, for the types of projects that are 
funded by the appropriation. 
(b) PERIODIC REPORTS.— 
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(1) IN GENERAL.—Notwithstanding any other 
provision of law, each grant recipient shall submit to 
the covered agency from which they received funding 
periodic reports on the use of the funds appropriated 
in this Act for covered programs. Such reports shall 
be collected and compiled by the covered agency and 
transmitted to Congress. 
(2) CONTENTS OF REPORTS.—For amounts re-
ceived under each covered program by a grant re-
cipient under this Act, the grant recipient shall in-
clude in the periodic reports information tracking— 
(A) the amount of Federal funds appro-
priated, allocated, obligated, and outlayed under 
the appropriation; 
(B) the number of projects that have been 
put out to bid under the appropriation and the 
amount of Federal funds associated with such 
projects; 
(C) the number of projects for which con-
tracts have been awarded under the appropria-
tion and the amount of Federal funds associ-
ated with such contracts; 
(D) the number of projects for which work 
has begun under such contracts and the 
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amount of Federal funds associated with such 
contracts; 
(E) the number of projects for which work 
has been completed under such contracts and 
the amount of Federal funds associated with 
such contracts; 
(F) the number of jobs created or sus-
tained by the Federal funds provided for 
projects under the appropriation, including in-
formation on job sectors and pay levels; and 
(G) for each covered program report infor-
mation tracking the actual aggregate expendi-
tures by each grant recipient from non-Federal 
sources for projects eligible for funding under 
the program during the period beginning on the 
date of enactment of this Act through Sep-
tember 30, 2010, as compared to the level of 
such expenditures that were planned to occur 
during such period as of the date of enactment 
of this Act. 
(3) TIMING OF REPORTS.—Each grant recipient 
shall submit the first of the periodic reports required 
under this subsection not later than 30 days after 
the date of enactment of this Act and shall submit 
updated reports not later than 60 days, 120 days, 
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180 days, 1 year, and 3 years after such date of en-
actment. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED
AGENCY.—The term ‘‘covered 
agency’’ means the Federal Aviation Administration, 
the Federal Highway Administration, the Federal 
Railroad Administration, and the Federal Transit 
Administration of the Department of Transpor-
tation. 
(2) COVERED
PROGRAM.—The term ‘‘covered 
program’’ means funds appropriated in this Act for 
‘‘Grants-in-Aid for Airports’’ to the Federal Aviation 
Administration; for ‘‘Highway Infrastructure Invest-
ment’’ to the Federal Highway Administration; for 
‘‘Capital Assistance for Intercity Passenger Rail 
Service’’ to the Federal Railroad Administration; for 
‘‘Transit Capital Assistance’’, ‘‘Fixed Guideway In-
frastructure Investment’’, and ‘‘Capital Investment 
Grants’’ to the Federal Transit Administration. 
(3) GRANT RECIPIENT.—The term ‘‘grant re-
cipient’’ means a State or other recipient of assist-
ance provided under a covered program in this Act. 
Such term does not include a Federal department or 
agency. 
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SEC. 12002. FHA LOAN LIMITS FOR 2009. 
(a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 
For mortgages for which the mortgagee issues credit ap-
proval for the borrower during calendar year 2009, if the 
dollar amount limitation on the principal obligation of a 
mortgage determined under section 203(b)(2) of the Na-
tional Housing Act (12 U.S.C. 1709(b)(2)) for any size 
residence for any area is less than such dollar amount lim-
itation that was in effect for such size residence for such 
area for 2008 pursuant to section 202 of the Economic 
Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 
620), notwithstanding any other provision of law, the max-
imum dollar amount limitation on the principal obligation 
of a mortgage for such size residence for such area for 
purposes of such section 203(b)(2) shall be considered (ex-
cept for purposes of section 255(g) of such Act (12 U.S.C. 
1715z–20(g))) to be such dollar amount limitation in ef-
fect for such size residence for such area for 2008. 
(b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 
Notwithstanding any other provision of law, if the Sec-
retary of Housing and Urban Development determines, for 
any geographic area that is smaller than an area for which 
dollar amount limitations on the principal obligation of a 
mortgage are determined under section 203(b)(2) of the 
National Housing Act, that a higher such maximum dollar 
amount limitation is warranted for any particular size or 
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sizes of residences in such sub-area by higher median 
home prices in such sub-area, the Secretary may, for mort-
gages for which the mortgagee issues credit approval for 
the borrower during calendar year 2009, increase the max-
imum dollar amount limitation for such size or sizes of 
residences for such sub-area that is otherwise in effect (in-
cluding pursuant to subsection (a) of this section), but in 
no case to an amount that exceeds the amount specified 
in section 202(a)(2) of the Economic Stimulus Act of 
2008. 
SEC. 12003. GSE CONFORMING LOAN LIMITS FOR 2009. 
(a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 
For mortgages originated during calendar year 2009, if 
the limitation on the maximum original principal obliga-
tion of a mortgage that may purchased by the Federal 
National Mortgage Association or the Federal Home Loan 
Mortgage Corporation determined under section 302(b)(2) 
of the Federal National Mortgage Association Charter Act 
(12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the Fed-
eral Home Loan Mortgage Corporation Act (12 U.S.C. 
1754(a)(2)), respectively, for any size residence for any 
area is less than such maximum original principal obliga-
tion limitation that was in effect for such size residence 
for such area for 2008 pursuant to section 201 of the Eco-
nomic Stimulus Act of 2008 (Public Law 110-185; 122 
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Stat. 619), notwithstanding any other provision of law, the 
limitation on the maximum original principal obligation of 
a mortgage for such Association and Corporation for such 
size residence for such area shall be such maximum limita-
tion in effect for such size residence for such area for 
2008. 
(b) DISCRETIONARY AUTHORITY FOR SUB-AREAS.— 
Notwithstanding any other provision of law, if the Direc-
tor of the Federal Housing Finance Agency determines, 
for any geographic area that is smaller than an area for 
which limitations on the maximum original principal obli-
gation of a mortgage are determined for the Federal Na-
tional Mortgage Association or the Federal Home Loan 
Mortgage Corporation, that a higher such maximum origi-
nal principal obligation limitation is warranted for any 
particular size or sizes of residences in such sub-area by 
higher median home prices in such sub-area, the Director 
may, for mortgages originated during 2009, increase the 
maximum original principal obligation limitation for such 
size or sizes of residences for such sub-area that is other-
wise in effect (including pursuant to subsection (a) of this 
section) for such Association and Corporation, but in no 
case to an amount that exceeds the amount specified in 
the matter following the comma in section 201(a)(1)(B) 
of the Economic Stimulus Act of 2008. 
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SEC. 12004. FHA REVERSE MORTGAGE LOAN LIMITS FOR 
2009. 
For mortgages for which the mortgagee issues credit 
approval for the borrower during calendar year 2009, the 
second sentence of section 255(g) of the National Housing 
Act (12 U.S.C. 171520(g)) shall be considered to require 
that in no case may the benefits of insurance under such 
section 255 exceed 150 percent of the maximum dollar 
amount in effect under the sixth sentence of section 
305(a)(2) of the Federal Home Loan Mortgage Corpora-
tion Act (12 U.S.C. 1454(a)(2)). 
TITLE XIII—STATE FISCAL 
STABILIZATION FUND 
DEPARTMENT OF EDUCATION 
STATE FISCAL STABILIZATION FUND 
For necessary expenses for a State Fiscal Stabiliza-
tion Fund, $79,000,000,000, which shall be administered 
by 
the 
Department 
of 
Education, 
of 
which 
$39,500,000,000 shall become available on July 1, 2009 
and remain available through September 30, 2010, and 
$39,500,000,000 shall become available on July 1, 2010 
and remain available through September 30, 2011: Pro-
vided, That the provisions of section 1103 of this Act shall 
not apply to the funds reserved under section 13001(c) 
of this title: Provided further, That the amount made 
available under section 13001(b) of this title for adminis-
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tration and oversight shall take the place of the set-aside 
under section 1106 of this Act. 
GENERAL PROVISIONS, THIS TITLE 
SEC. 13001. ALLOCATIONS. 
(a) OUTLYING AREAS.—From each year’s appropria-
tion to carry out this title, the Secretary of Education 
shall first allocate one half of 1 percent to the outlying 
areas on the basis of their respective needs, as determined 
by the Secretary, for activities consistent with this title 
under such terms and conditions as the Secretary may de-
termine. 
(b) ADMINISTRATION AND OVERSIGHT.—The Sec-
retary may, in addition, reserve up to $12,500,000 each 
year for administration and oversight of this title, includ-
ing for program evaluation. 
(c) RESERVATION FOR ADDITIONAL PROGRAMS.— 
After reserving funds under subsections (a) and (b), the 
Secretary shall reserve $7,500,000,000 each year for 
grants under sections 13006 and 13007. 
(d) STATE ALLOCATIONS.—After carrying out sub-
sections (a), (b), and (c), the Secretary shall allocate the 
remaining funds made available to carry out this title to 
the States as follows: 
(1) 61 percent on the basis of their relative 
population of individuals aged 5 through 24. 
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(2) 39 percent on the basis of their relative 
total population. 
(e) STATE GRANTS.—From funds allocated under 
subsection (d), the Secretary shall make grants to the 
Governor of each State. 
(f) REALLOCATION.—The Governor shall return to 
the Secretary any funds received under subsection (e) that 
the Governor does not obligate within one year of receiving 
a grant, and the Secretary shall reallocate such funds to 
the remaining States in accordance with subsection (d). 
SEC. 13002. STATE USES OF FUNDS. 
(a) EDUCATION FUND.— 
(1) IN
GENERAL.—For each fiscal year, the 
Governor shall use at least 61 percent of the State’s 
allocation under section 13001 for the support of el-
ementary, secondary, and postsecondary education. 
(2) RESTORING 2008 STATE SUPPORT FOR EDU-
CATION.— 
(A) IN
GENERAL.—The Governor shall 
first use the funds described in paragraph (1)— 
(i) to provide the amount of funds, 
through the State’s principal elementary 
and secondary funding formula, that is 
needed to restore State support for elemen-
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tary and secondary education to the fiscal 
year 2008 level; and 
(ii) to provide the amount of funds to 
public institutions of higher education in 
the State that is needed to restore State 
support for postsecondary education to the 
fiscal year 2008 level. 
(B) SHORTFALL.—If the Governor deter-
mines that the amount of funds available under 
paragraph (1) is insufficient to restore State 
support for education to the levels described in 
clauses (i) and (ii) of subparagraph (A), the 
Governor shall allocate those funds between 
those clauses in proportion to the relative short-
fall in State support for the education sectors 
described in those clauses. 
(3) SUBGRANTS TO IMPROVE BASIC PROGRAMS 
OPERATED
BY
LOCAL
EDUCATIONAL
AGENCIES.— 
After carrying out paragraph (2), the Governor shall 
use any funds remaining under paragraph (1) to 
provide local educational agencies in the State with 
subgrants based on their relative shares of funding 
under part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311 et 
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seq.) for the most recent year for which data are 
available. 
(b) OTHER GOVERNMENT SERVICES.—For each fis-
cal year, the Governor may use up to 39 percent of the 
State’s allocation under section 1301 for public safety and 
other government services, which may include assistance 
for elementary and secondary education and public institu-
tions of higher education. 
SEC. 13003. USES OF FUNDS BY LOCAL EDUCATIONAL 
AGENCIES. 
(a) IN GENERAL.—A local educational agency that 
receives funds under this title may use the funds for any 
activity authorized by the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.) (‘‘ESEA’’), 
the Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.) (‘‘IDEA’’), or the Carl D. Perkins Career 
and Technical Education Act of 2006 (20 U.S.C. 2301 
et seq.) (‘‘the Perkins Act’’). 
(b) PROHIBITION.—A local educational agency may 
not use funds received under this title for capital projects 
unless authorized by ESEA, IDEA, or the Perkins Act. 
SEC. 13004. USES OF FUNDS BY INSTITUTIONS OF HIGHER 
EDUCATION. 
(a) IN GENERAL.—A public institution of higher edu-
cation that receives funds under this title shall use the 
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funds for education and general expenditures, and in such 
a way as to mitigate the need to raise tuition and fees 
for in-State students. 
(b) PROHIBITION.—An institution of higher edu-
cation may not use funds received under this title to in-
crease its endowment. 
(c) ADDITIONAL PROHIBITION.—An institution of 
higher education may not use funds received under this 
title for construction, renovation, or facility repair. 
SEC. 13005. STATE APPLICATIONS. 
(a) IN GENERAL.—The Governor of a State desiring 
to receive an allocation under section 13001 shall submit 
an annual application at such time, in such manner, and 
containing such information as the Secretary may reason-
ably require. 
(b) FIRST YEAR APPLICATION.—In the first of such 
applications, the Governor shall— 
(1) include the assurances described in sub-
section (e); 
(2) provide baseline data that demonstrates the 
State’s current status in each of the areas described 
in such assurances; and 
(3) describe how the State intends to use its al-
location. 
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(c) SECOND YEAR APPLICATION.—In the second year 
application, the Governor shall— 
(1) include the assurances described in sub-
section (e); and 
(2) describe how the State intends to use its al-
location. 
(d) INCENTIVE GRANT APPLICATION.—The Governor 
of a State seeking a grant under section 13006 shall— 
(1) submit an application for consideration; 
(2) describe the status of the State’s progress 
in each of the areas described in subsection (e), and 
the strategies the State is employing to help ensure 
that high-need students in the State continue mak-
ing progress towards meeting the State’s student 
academic achievement standards; 
(3) describe how the State would use its grant 
funding, including how it will allocate the funds to 
give priority to high-need schools and local edu-
cational agencies; and 
(4) include a plan for evaluating its progress in 
closing achievement gaps. 
(e) ASSURANCES.—An application under subsection 
(b) or (c) shall include the following assurances: 
(1) MAINTENANCE OF EFFORT.— 
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(A) ELEMENTARY AND SECONDARY EDU-
CATION.—The State will, in each of fiscal years 
2009 and 2010, maintain State support for ele-
mentary and secondary education at least at 
the level of such support in fiscal year 2006. 
(B) HIGHER EDUCATION.—The State will, 
in each of fiscal years 2009 and 2010, maintain 
State support for public institutions of higher 
education (not including support for capital 
projects or for research and development) at 
least at the level of such support in fiscal year 
2006. 
(2) ACHIEVING EQUITY IN TEACHER DISTRIBU-
TION.—The State will take actions to comply with 
section 
1111(b)(8)(C) 
of 
ESEA 
(20 
U.S.C. 
6311(b)(8)(C)) in order to address inequities in the 
distribution of teachers between high-and low-pov-
erty schools, and to ensure that low-income and mi-
nority children are not taught at higher rates than 
other children by inexperienced, unqualified, or out- 
of-field teachers. 
(3) IMPROVING
COLLECTION
AND
USE
OF 
DATA.—The State will establish a longitudinal data 
system that includes the elements described in sec-
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261 
tion 6401(e)(2)(D) of the America COMPETES Act 
(20 U.S.C. 9871). 
(4) ASSESSMENTS.—The State— 
(A) will enhance the quality of academic 
assessments described in section 1111(b)(3) of 
ESEA (20 U.S.C. 6311(b)(3)) through activi-
ties such as those described in section 6112(a) 
of such Act (20 U.S.C. 7301a(a)); and 
(B) will comply with the requirements of 
paragraphs 3(C)(ix) and (6) of section 1111(b) 
of ESEA (20 U.S.C. 6311(b)) and section 
612(a)(16) of IDEA (20 U.S.C. 1412(a)(16)) 
related to the inclusion of children with disabil-
ities and limited English proficient students in 
State assessments, the development of valid and 
reliable assessments for those students, and the 
provision of accommodations that enable their 
participation in State assessments. 
SEC. 13006. STATE INCENTIVE GRANTS. 
(a) IN GENERAL.—From the total amount reserved 
under section 13001(c) that is not used for section 13007, 
the Secretary shall, in fiscal year 2010, make grants to 
States that have made significant progress in meeting the 
objectives of paragraphs (2), (3), and (4) of section 
13005(e). 
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(b) BASIS FOR GRANTS.—The Secretary shall deter-
mine which States receive grants under this section, and 
the amount of those grants, on the basis of information 
provided in State applications under section 13005 and 
such other criteria as the Secretary determines appro-
priate. 
(c) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.—Each State receiving a grant under this section 
shall use at least 50 percent of the grant to provide local 
educational agencies in the State with subgrants based on 
their relative shares of funding under part A of title I of 
ESEA (20 U.S.C. 6311 et seq.) for the most recent year. 
SEC. 13007. INNOVATION FUND. 
(a) IN GENERAL.— 
(1) PROGRAM ESTABLISHED.—From the total 
amount reserved under section 13001(c), the Sec-
retary may reserve up to $325,000,000 each year to 
establish an Innovation Fund, which shall consist of 
academic achievement awards that recognize States, 
local educational agencies, or schools that meet the 
requirements described in subsection (b). 
(2) BASIS FOR AWARDS.—The Secretary shall 
make awards to States, local educational agencies, 
or schools that have made significant gains in clos-
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263 
ing the achievement gap as described in subsection 
(b)(1)— 
(A) to allow such States, local educational 
agencies, and schools to expand their work and 
serve as models for best practices; 
(B) to allow such States, local educational 
agencies, and schools to work in partnership 
with the private sector and the philanthropic 
community; and 
(C) to identify and document best practices 
that can be shared, and taken to scale based on 
demonstrated success. 
(b) ELIGIBILITY.—To be eligible for such an award, 
a State, local educational agency, or school shall— 
(1) have significantly closed the achievement 
gaps between groups of students described in section 
1111(b)(2) of ESEA (20 U.S.C. 6311(b)(2)); 
(2) have exceeded the State’s annual measur-
able 
objectives 
consistent 
with 
such 
section 
1111(b)(2) for 2 or more consecutive years or have 
demonstrated success in significantly increasing stu-
dent academic achievement for all groups of stu-
dents described in such section through another 
measure, such as measures described in section 
1111(c)(2) of ESEA; 
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(3) have made significant improvement in other 
areas, such as graduation rates or increased recruit-
ment and placement of high-quality teachers and 
school leaders, as demonstrated with meaningful 
data; and 
(4) demonstrate that they have established 
partnerships with the private sector, which may in-
clude philanthropic organizations, and that the pri-
vate sector will provide matching funds in order to 
help bring results to scale. 
SEC. 13008. STATE REPORTS. 
For each year of the program under this title, a State 
receiving funds under this title shall submit a report to 
the Secretary, at such time and in such manner as the 
Secretary may require, that describes— 
(1) the uses of funds provided under this title 
within the State; 
(2) how the State distributed the funds it re-
ceived under this title; 
(3) the number of jobs that the Governor esti-
mates were saved or created with funds the State re-
ceived under this title; 
(4) tax increases that the Governor estimates 
were averted because of the availability of funds 
from this title; 
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265 
(5) the State’s progress in reducing inequities 
in the distribution of teachers, in implementing a 
State student longitudinal data system, and in devel-
oping and implementing valid and reliable assess-
ments for limited English proficient students and 
children with disabilities; 
(6) the tuition and fee increases for in-State 
students imposed by public institutions of higher 
education in the State during the period of avail-
ability of funds under this title, and a description of 
any actions taken by the State to limit those in-
creases; and 
(7) the extent to which public institutions of 
higher education maintained, increased, or decreased 
enrollment of in-State students, including students 
eligible for Pell Grants or other need-based financial 
assistance. 
SEC. 13009. EVALUATION. 
The Comptroller General of the United States shall 
conduct evaluations of the programs under sections 13006 
and 13007 which shall include, but not be limited to, the 
criteria used for the awards made, the States selected for 
awards, award amounts, how each State used the award 
received, and the impact of this funding on the progress 
made toward closing achievement gaps. 
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266 
SEC. 13010. SECRETARY’S REPORT TO CONGRESS. 
The Secretary shall submit a report to the Committee 
on Education and Labor of the House of Representatives, 
the Committee on Health, Education, Labor, and Pen-
sions of the Senate, and the Committees on Appropria-
tions of the House of Representatives and of the Senate, 
not less than 6 months following the submission of State 
reports, that evaluates the information provided in the 
State reports under section 13008. 
SEC. 13011. PROHIBITION ON PROVISION OF CERTAIN AS-
SISTANCE. 
No recipient of funds under this title shall use such 
funds to provide financial assistance to students to attend 
private elementary or secondary schools. 
SEC. 13012. DEFINITIONS. 
Except as otherwise provided in this title, as used in 
this title— 
(1) the term ‘‘institution of higher education’’ 
has the meaning given such term in section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 
1001); 
(2) the term ‘‘Secretary’’ means the Secretary 
of Education; 
(3) the term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico; and 
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(4) any other term used in this title that is de-
fined in section 9101 of ESEA (20 U.S.C. 7801) 
shall have the meaning given the term in that sec-
tion. 
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Union Calendar No. 1 
111TH CONGRESS 
1ST SESSION 
H. R. 679 
[Report No. 111–4] 
A BILL 
Making supplemental appropriations for job preser-
vation and creation, infrastructure investment, 
energy efficiency and science, assistance to the 
unemployed, and State and local fiscal stabiliza-
tion, for the fiscal year ending September 30, 
2009, and for other purposes. 
JANUARY 26, 2009 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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