Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	118,508	n/a	n/a
Engrossed in House	125,164	123	11%
Received in Senate	124,516	5	0%
Amendment in Senate	132,974	2,517	84%
Amendment in Senate (2)	185,947	687	23%
Engrossed Amendment Senate	140,772	9	0%
Enrolled Bill	185,947	3,244 Show Changes Hide Changes	65%

Display Version Introduced in House Engrossed in House Received in Senate Amendment in Senate Amendment in Senate (2) Engrossed Amendment Senate Enrolled Bill

HR 1 EAS

In the Senate of the United States,February 10, 2009.Resolved,That the bill from the House of Representatives (H.R.1CommentsClose CommentsPermalink

) entitled ‘An Act m One Hundred Eleventh Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for the fiscal year ending September 30, 2009, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert the following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘American Recovery and Reinvestment Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink

DIVISION A--APPROPRIATIONS PROVISIONS

TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIESCommentsClose CommentsPermalink





TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIESCommentsClose CommentsPermalink





TITLE III--DEPARTMENT OF DEFENSECommentsClose CommentsPermalink





TITLE IV--ENERGY AND WATER DEVELOPMENTCommentsClose CommentsPermalink





TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENTCommentsClose CommentsPermalink





TITLE VI--DEPARTMENT OF HOMELAND SECURITYCommentsClose CommentsPermalink





TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIESCommentsClose CommentsPermalink





TITLE VIII--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIESCommentsClose CommentsPermalink





TITLE IX--LEGISLATIVE BRANCHCommentsClose CommentsPermalink





TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIESCommentsClose CommentsPermalink





TITLE XI--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMSCommentsClose CommentsPermalink





TITLE XII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIESCommentsClose CommentsPermalink





TITLE XIII--HEALTH INFORMATION TECHNOLOGYCommentsClose CommentsPermalink





TITLE XIV--STATE FISCAL STABILIZATION FUNDCommentsClose CommentsPermalink





TITLE XV--RECOVERY ACCOUNTABILITY AND TRANSPARENCYCommentsClose CommentsPermalink





BOARD AND RECOVERY INDEPENDENT ADVISORY PANELTITLE XVI--GENERAL PROVISIONS--THIS ACTCommentsClose CommentsPermalink

DIVISION B--TAX, UNEMPLOYMENT, HEALTH, STATE FISCAL RELIEF, AND OTHER PROVISIONS

TITLE I--TAX PROVISIONSCommentsClose CommentsPermalink





TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIESCommentsClose CommentsPermalink





TITLE III--HEALTH INSURANCE ASSISTANCETITLE IV--HEALTH INFORMATION TECHNOLOGYPREMIUM ASSISTANCE FOR COBRA BENEFITSCommentsClose CommentsPermalink





TITLE IV--MEDICARE AND MEDICAID HEALTH INFORMATION TECHNOLOGY; MISCELLANEOUS MEDICARE PROVISIONSCommentsClose CommentsPermalink





TITLE V--STATE FISCAL RELIEFCommentsClose CommentsPermalink





SEC. 3 TITLE VI--BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM CommentsClose CommentsPermalink





TITLE VII--LIMITS ON EXECUTIVE COMPENSATIONCommentsClose CommentsPermalink

SEC. 4. REFERENCES.

Except as expressly provided otherwise, any reference to ‘this Act’ contained in any division of this Act shall be treated as referring only to the provisions of that division.CommentsClose CommentsPermalink

DIVISION A--APPROPRIATIONS PROVISIONSCommentsClose CommentsPermalink

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes, namely:CommentsClose CommentsPermalink

TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Office of the Secretary(including transfers of funds)For an additional amount for the ‘Office of the Secretary’, $200,000,000, to remain available until September 30, 2010:Provided, That the Secretary may transfer these funds to agencies of the Department, other than the Forest Service, for necessary replacement, modernization, or upgrades of laboratories or other facilities to improve workplace safety and mission-area efficiencies as deemed appropriate by the Secretary: Provided further, that the Secretary shall provide to the Committees on Appropriations of the House and Senate a plan on the allocation of these funds no later than 60 days after the date of enactment of this Act Agriculture Buildings and Facilities and Rental Payments

For an additional amount for ‘Agriculture Buildings and Facilities and Rental Payments’, $24,000,000, for necessary construction, repair, and improvement activities.CommentsClose CommentsPermalink

office of inspector general

For an additional amount for ‘Office of Inspector General’, $5,000,000, to remain available until September 30, 201122,500,000, to remain available until September 30, 2013, for oversight and audit of programs, grants, and activities funded under this title and an additional $17,500,000 for such purposes, to remain available until September 30, 2011.Cooperative State Research, Education and Economic Serviceresearch and education activitiesFor an additional amount for competitive grants authorized at7 U.S.C. 450(i)(b), $50,000,000, to remain available until September 30, 2010.Farm Service Agencyagricultural credit insurance fund program accountFor an additional amount for gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans, to be available from funds in the Agricultural Credit Insurance Fund Program Account, as follows: farm ownership loans, $400,000,000 of which $100,000,000 shall be for unsubsidized guaranteed loans and $300,000,000 shall be for direct loans; and operating loans, $250,000,000 of which $50,000,000 shall be for unsubsidized guaranteed loans and $200,000,000 shall be for direct loans.For an additional amount for the cost of direct and guaranteed loans, including the cosby this Act and administered by the Department of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, to remain available until September 30, 2010, as follows: farm ownership loans, $17,530,000 of which $330,000 shall be for unsubsidized guaranteed loans and $17,200,000 shall be for direct loans; and operating loans, $24,900,000 of which $1,300,000 shall be for unsubsidized guaranteed loans and $23,600,000 shall be for direct loans.Funds appropriated by this Act to the Agricultural Credit Insurance Fund Program Account for farm ownership, operating, and emergency direct loans and unsubsidized guaranteed loans may be transferred among these programs:Provided, That the Committees on AppropriationsAgriculture.CommentsClose CommentsPermalink

For an additional amount for ‘Farm Service Agency, Salaries and Expenses,’ $50,000,000, for the purpose of both Houses of Congress are notified at least 15 days in advance of any transfermaintaining and modernizing the information technology system.CommentsClose CommentsPermalink

Natural Resources Conservation Service

watershed and flood prevention operations

For an additional amount for ‘Watershed and Flood Prevention Operations’, $275,000,000, to remain available until September 30, 201090,000,000, of which $145,000,000 is for necessary expenses to purchase and restore floodplain easements as authorized by section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) (except that no more than $30,000,000 of the amount provided for the purchase of floodplain easements may be obligated for projects in any one State): Provided, That such funds shall be allocated to projects that can be fully funded and completed with the funds appropriated in this Act, and to activities that can commence promptly following enactment of this Act.CommentsClose CommentsPermalink

watershed rehabilitation program

For an additional amount for the ‘Watershed Rehabilitation Program’, $65,000,000, to remain available until September 30, 2010.rural development salaries and expensesFor an additional amount for ‘Rural Development, Salaries and Expenses’, $80,000,000, to remain available until September 30, 2010.Rural Housing Servicerural housing insurance50,000,000: Provided, That such funds shall be allocated to projects that can be fully funded and completed with the funds appropriated in this Act, and to activities that can commence promptly following enactment of this Act.CommentsClose CommentsPermalink

rural housing insurance fund program account

For an additional amount for gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the Rural Housing Insurance Fund Program Accountrural housing insurance fund, as follows: $1,000,000,000 for section 502 direct loans; and $10,472,000,000 for section 502 unsubsidized guaranteed loans.CommentsClose CommentsPermalink





For an additional amount for the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, to remain available until September 30, 2010, as follows: $67,000,000 for section 502 direct loans; and $133,000,000 for section 502 unsubsidized guaranteed loans.CommentsClose CommentsPermalink

rural community facilities program account

For an additional amount for the cost of direct loans, loan guarantees, and grants for rural community facilities programs as authorized by sectionamount for the cost of direct loans and grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $127,000,000, to remain available until September 30, 20130,000,000.CommentsClose CommentsPermalink

Rural Business--cooperative Service

rural business program account

For an additional amount for the cost of guaranteed loans and grants as authorized by sections 310B(a)(2)(A) and 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932), $150,000,000, to remain available until September 30, 2010.biorefinery assistanceFor the cost of loan guarantees and grants, as authorized by section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103), $200,000,000, to remain available until September 30, 2010.rural energy for america programFor an additional amount for the cost of loan guarantees and grants, as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $50,000,000, to remain available until September 30, 2010: Provided, That these funds may be used by tribes, local units of government, and schools in rural areas, as defined in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).CommentsClose CommentsPermalink

Rural Utilities Service

rural water and waste disposal program account

For an additional amount for the cost of direct loans, loan guarantees, and grants for the rural water, waste and grants for the rural water, waste disposal, and soliwater, and waste managementdisposal programs authorized by sections 306, 306A, 306C, 306D, and 310B and described in sections 306C(a)(2), 306D, and and 310B and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, $1,375,000,000, to remain available until September 30, 20180,000,000.CommentsClose CommentsPermalink

distance learning, telemedicine, and broadband program

accountFor an additional amount for direct loans and grants for distance learning and telemedicine services in rural areas, as authorized by For an additional amount for the cost of broadband loans and loan guarantees, as authorized by the Rural Electrification Act of 1936 ( 7 U.S.C. 950aaa, et seq., $100,000,000, to remain available until September 30, 2010.Food and Nutrition Servicechild nutrition programsFor01 et seq.) and for grants (including for technical assistance), $2,500,000,000: Provided, That the cost of direct and guaranteed loans shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That, notwithstanding title VI of the Rural Electrification Act of 1936, this amount is available for grants, loans and loan guarantees for broadband infrastructure in any area of the United States: Provided further, That at least 75 percent of the area to be served by a project receiving funds from such grants, loans or loan guarantees shall be in a rural area without sufficient access to high speed broadband service to facilitate rural economic development, as determined by the Secretary of Agriculture: Provided further, That priority for awarding such funds shall be given to project applications for broadband systems that will deliver end users a choice of more than one service provider: Provided further, That priority for awarding funds made available under this paragraph shall be given to projects that provide service to the highest proportion of rural residents that do not have access to broadband service: Provided further, That priority shall be given for project applications from borrowers or former borrowers under title II of the Rural Electrification Act of 1936 and for project applications that include such borrowers or former borrowers: Provided further, That priority for awarding such funds shall be given to project applications that demonstrate that, if the application is approved, all project elements will be fully funded: Provided further, That priority for awarding such funds shall be given to project applications for activities that can be completed if the requested funds are provided: Provided further, That priority for awarding such funds shall be given to activities that can commence promptly following approval: Provided further, That no area of a project funded with amounts made available under this paragraph may receive funding to provide broadband service under the Broadband Technology Opportunities Program: Provided further, That the Secretary shall submit a report on planned spending and actual obligations describing the use of these funds not later than 90 days after the date of enactment of this Act, and quarterly thereafter until all funds are obligated, to the Committees on Appropriations of the House of Representatives and the Senate. CommentsClose CommentsPermalink

For an additional amount for the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et. seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et. seq.), except sections 17 and 21, $100,000,000, to remain available until September 30, 2010, to carry out a grant program for National carry out a grant program for National School Lunch Program equipment assistance: Provided, That such funds shall be provided to States administering a school lunch program through a formula based on the ratio that the total number of lunches served in the Program during the second preceding fiscal year bears to the total number of such lunches served in all States in such second preceding fiscal year: Provided further, That of such funds, the Secretary may approve the reserve by States of up to $20,000,000 for necessary enhancements to the State Distributing Agency’s commodity ordering and management system to achieve compatibility with the Department’s web-based supply chain management system: Provided further, That of the funds remaining, the State shall provide competitive grants to school in a manner proportional with each States’ administrative expense allocation: Provided further, That the States shall provide competitive grants to school food authorities based upon the need for equipment assistance in participating schools with priority given to schools in which not less than 50 percent of the students are eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act and priority given to schools purchasing equipment for the purpose of offering more healthful foods and meals, in accordance with standards established by the Secretary.CommentsClose CommentsPermalink

special supplemental nutrition program for women, infants, and children (wic)

For an additional amount for the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), to remain available until September 30, 2010,$500,000,000, of which $38400,000,000 shall be placed in reserve to be allocated as the Secretary deems necessary, notwithstanding section 17(i) of such Act, to support participation should cost or participation exceed budget estimates, and of which $120,000,000 shall be00,000,000 shall be for the purposes specified in section 17(h)(10)(B)(ii): Provided, That up to one percent of the funding provided for the purposes specified in section 17(h)(10)(B)(ii): Provided, That up to one percent of the funding provided for the purposes specified in section 17(h)(10)(B)(ii) may be reserved by the Secretary for Federal administrative activities in support of those purposes.CommentsClose CommentsPermalink

commodity assistance program

For an additional amount for the ‘Commodity Assistance Program’, to remain available until September 30, 2010, $150,000,000, which the Secretary shall use to purchase a variety of commodities as authorized by the Commodity Credit Corporation or under section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 612c): Provided, That the Secretary shall distribute the commodities to States for distribution in accordance with section 2142036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note): Provided further7508(a)(1)), $150,000,000: Provided, That of the funds made available, the Secretary may use up to $50,000,000 for costs associated with the distribution of commodities, of which up to $25,000,000 shall be made available in fiscal year 2009.CommentsClose CommentsPermalink

GENERAL PROVISIONS--THIS TITLE

Sec. 101. Funds appropriated by this Act and made available to the United States Department of Agriculture for broadband direct loans and loan guarantees, as authorized under title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) and for grants, shall be available for broadband infrastructure in any area of the United States notwithstanding title VI of the Rural Electrification Act of 1936: Provided, That at least 75 percent of the area served by the projects receiving funds from such grants, loans, or loan guarantees is in a rural area without sufficient access to high speed broadband service to facilitate rural economic development, as determined by the Secretary: Provided further, That priority for awarding funds made available under this paragraph shall be given to projects that provide service to the highest proportion of rural residents that do not have sufficient access to broadband service: Provided further, That priority for awarding such funds shall be given to project applications that demonstrate that, if the application is approved, all project elements will be fully funded: Provided further, That priority for awarding such funds shall be given to activities that can commence promptly following approval: Provided further, That the Department shall submit a report on planned spending and actual obligations describing the use of these funds not later than 90 days after the date of enactment of this Act, and quarterly thereafter until all funds are obligated, to the Committees on Appropriations of the House of Representatives and the Senate.Sec. 102. Nutrition for Economic Recovery.Temporary Increase in Benefits Under the Supplemental Nutrition Assistance Program. (a) Maximum Benefit Increases-(1) ECONOMIC RECOVERY 1-MONTH BEGINNING STIMULUS PAYMENT- For-CommentsClose CommentsPermalink





(1) IN GENERAL- Beginning the first month that begins not less than 25 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall increase the cost of the thrifty food plan for purposes of section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) by 85 percent.(2) REMAINDER OF FISCAL YEAR 2009- Beginning with the second month that begins not less than 25 days after the date of enactment of this Act, and for each subsequent month through the month ending September 30, 2009, the Secretary shall increase the cost of the thrifty food plan for purposes of section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) by 12 percent.(3) SUBSEQUENT INCREASE FOR FISCAL YEAR 2010- Beginning on October 1, 2009, and for each subsequent month through the month ending September 30, 2010, the Secretary shall increase the cost of the thrifty food plan for purposes of section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) by an amount equal to 12 percent, less the percentage by which the Secretary determines the thrifty food plan would otherwise be adjusted on October 1, 2009, as requirvalue of benefits determined under section 3(u) of that Act (7 U.S.C. 2012(u)), if the percentage is less than 12 percent.(4) SUBSEQUENT INCREASE FOR FISCAL YEAR 2011- Beginning on October 1, 2010, and for each subsequent month through the month ending September 30, 2011, the Secretary shall increase the cost of the thrifty food plan for purposes of section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) by an amount equal to 12 percent, less the sum of the percentages by which the Secretary determinesand consolidated block grants for Puerto Rico and American Samoa determined under section 19(a) of such Act shall be calculated using 113.6 percent of the June 2008 value of the thrifty food plan would otherwise be adjusted on October 1, 2009 and October 1, 2010, as required under section 3(u) of that Act (7 U.S.C. 2012(u)), if the sum of such percentages is less than 12 percent.(5) TERMINATION OF EFFECTIVENESS- Effective beginning October 1, 2011, the authority provided by this subsection terminates and has no effectas specified under section 3(o) of such Act.CommentsClose CommentsPermalink





(2) TERMINATION-CommentsClose CommentsPermalink





(A) The authority provided by this subsection shall terminate after September 30, 2009.CommentsClose CommentsPermalink





(B) Notwithstanding subparagraph (A), the Secretary of Agriculture may not reduce the value of the maximum allotments, minimum allotments or consolidated block grants for Puerto Rico and American Samoa below the level in effect for fiscal year 2009 as a result of paragraph (1).CommentsClose CommentsPermalink





(b) AdministrationRequirements for the Secretary- In carrying out this section, the Secretary shall--CommentsClose CommentsPermalink





(1) consider the benefit increases described in subsection (a) to be a mass change‘mass change’;CommentsClose CommentsPermalink





(2) require a simple process for States to notify households of the changesincrease in benefits;CommentsClose CommentsPermalink





(3) consider section 16(c)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in the implementation of this section, without regard to the 120-day limit described in section 16(c)(3)(A) of that Actthat section;CommentsClose CommentsPermalink





(4) disregard the additional amount of benefits that a household receives as a result of this section in determining the amount of overissuances under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022) and the hours of participation in a program under section 6(d), 20, or 26 of that Act (7 U.S.C. 2015(d), 2029, 203522); andCommentsClose CommentsPermalink





(5) set the tolerance level for excluding small errors for the purposes of section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at $50 for the period that the benefit increase under subsection (a) is in effectthrough September 30, 2009.CommentsClose CommentsPermalink





(c) Administrative Expenses-CommentsClose CommentsPermalink





(1) IN GENERAL- For the costs of State administrative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (referred to in this section as the ‘supplemental nutrition assistance program’) during a period of rising program caseloads, and for the expenses of the Secretary under paragraph (6), the Secretary shall make available $150,000,000 for each of fiscal years 2009 and 2010, to remain available through September 30, 2010, the Secretary shall make available $145,000,000 in fiscal year 2009 and $150,000,000 in fiscal year 2010, of which $4,500,000 is for necessary expenses of the Food and Nutrition Service for management and oversight of the program and for monitoring the integrity and evaluating the effects of the payments made under this section.CommentsClose CommentsPermalink





(2) TIMING FOR FISCAL YEAR 2009- Not later than 60 days after the date of enactment of this Act, the Secretary shall make available to States amounts for fiscal year 2009 under paragraph (1).CommentsClose CommentsPermalink





(3) ALLOCATION OF FUNDS- Except as provided in paragraph (6)for management and oversight, funds described in paragraph (1) shall be made available to States that meet the requirements of paragraph (5)as grants to State agencies for each fiscal year as follows:CommentsClose CommentsPermalink





(A) 75 percent of the amounts available for each fiscal year shall be allocated to States based on the share of each State of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture for the most recent 12-month period for which data are available, adjusted by the Secretary (in the discretion of the Secretaryas of the date of enactment) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); andCommentsClose CommentsPermalink





(B) 25 percent of the amounts available for each fiscal year shall be allocated to States based on the increase in the number of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture over the most recent 12-month period for which data are available, adjusted by the Secretary (in the discretion of the Secretaryas of the date of enactment) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)).CommentsClose CommentsPermalink





(4) REDISTRIBUTION- The Secretary shall determine an appropriate procedure for redistribution of amounts allocated to States that would otherwise be provided allocations under paragraph (3) for a fiscal year but that do not meet the requirements of paragraph (5).(5) MAINTENANCE OF EFFORT-(A) DEFINITION OF SPECIFIED STATE ADMINISTRATIVE COSTS- In this paragraph:(i) IN GENERAL- The term ‘specified State administrative costs’ includes all State administrative costs under the supplemental nutrition assistance program.(ii) EXCLUSIONS- The term ‘specified State administrative costs’ does not include--(I) the costs of employment and training programs under section 6(d), 20, or 26 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d), 2029, 2035);(II) the costs of nutrition education under section 11(f) of that Act (7 U.S.C. 2020(f)); and(III) any other costs the Secretary determines should be excluded.(B) REQUIREMENT- The Secretary shall make funds under this subsection available only to States that, as determined by the Secretary, maintain State expenditures on specified State administrative costs.(6) MONITORING AND EVALUATION- Of the amounts made available under paragraph (1), the Secretary may retain up to $5,000,000 for the costs incurred by the Secretary in monitoring the integrity and evaluating the effects of the payments made under this section.(d) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS- For the costs relating to facility improvements and equipment upgrades associated with the Food Distribution Program on Indian Reservations- For the costs of administrative expenses associated with the food distribution program on Indian reservation, as established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)), the Secretary shall make available $5,000,000, to remain available until September 30, 2010.(e) Consolidated Block Grants for Puerto Rico and American Samoa-(1) FISCAL YEAR 2009-(A) IN GENERAL- For fiscal year 2009, the Secretary shall increase by 12 percent the amount available for nutrition assistance for eligible households under the consolidated block grants for the Commonwealth of Puerto Rico and American Samoa under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028).(B) AVAILABILITY OF FUNDS- Funds made available under subparagraph (A) shall remain available through September 30, 2010.(2) FISCAL YEAR 2010- For fiscal year 2010, the Secretary shall increase the amount available for nutrition assistance for eligible households under the consolidated block grants for the Commonwealth of Puerto Rico and American Samoa under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) by 12 percent, less the percentage by which the Secretary determines the consolidated block grants would otherwise be adjusted on October 1, 2009, as required by section 19(a)(2)(A)(ii) of that Act (7 U.S.C. 2028(a)(2)(A)(ii)), if the percentage is less than 12 percent.(3) FISCAL YEAR 2011- For fiscal year 2011, the Secretary shall increase the amount available for nutrition assistance for eligible households under the consolidated block grants for the Commonwealth of Puerto Rico and American Samoa under section 19 of the Food and Nutrition Act of 2008 (7 U.S.C. 2028) by 12 percent, less the sum of the percentages by which the Secretary determines the consolidated block grants would otherwise be adjusted on October 1, 2009, and October 1, 2010, as required by section 19(a)(2)(A)(ii) of that Act (7 U.S.C. 2028(a)(2)(A)(ii)), if the sum of the percentages is less than 12 percent.(f) Treatment of Jobless Workers: Provided, That administrative cost-sharing requirements are not applicable to funds provided in accordance with this provision.CommentsClose CommentsPermalink





(e) TREATMENT OF JOBLESS WORKERS-CommentsClose CommentsPermalink





(1) REMAINDER OF FISCAL YEAR 2009 THROUGH FISCAL YEAR 20110- Beginning with the first month that begins not less than 25 days after the date of enactment of this Act and for each subsequent month through September 30, 20110, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency that meets the standards of subparagraphs (B) or (C) of that paragraph.CommentsClose CommentsPermalink





(2) FISCAL YEAR 20121 AND THEREAFTER- Beginning on October 1, 20110, for the purposes of section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)), a State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to October 1, 2011.(g) Funding- There are appropriated to the Secretary out of funds of the Treasury not otherwise appropriated such 0.CommentsClose CommentsPermalink





(f) FUNDING- There are appropriated to the Secretary out of funds of the Treasury not otherwise appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink





Sec. 103. 2. Agricultural Disaster Assistance Transition. (a) Federal Crop Insurance Act-. Section 531(g) of the Federal Crop Insurance Act (7 U.S.C. 1531(g)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(7) 2008 TRANSITION ASSISTANCE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm--CommentsClose CommentsPermalink





‘(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enactment of this paragraph; andCommentsClose CommentsPermalink





‘(ii)(I) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under subtitle A (excluding a crop insurance pilot program under that subtitle) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; andCommentsClose CommentsPermalink





‘(II) in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2009 crop yearnext year for which a policy is available.CommentsClose CommentsPermalink





‘(B) AMOUNT OF ASSISTANCE- Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm--CommentsClose CommentsPermalink





‘(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; andCommentsClose CommentsPermalink





‘(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining yield under that program, the Secretary shall use a percentage that is 70 percentthe level of coverage, the Secretary shall use 70 percent of the applicable yield.CommentsClose CommentsPermalink





‘(C) EQUITABLE RELIEF- Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and received, or are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an additional amount equal to the greater of--CommentsClose CommentsPermalink





‘(i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; orCommentsClose CommentsPermalink





‘(ii) the amount that would have been calculated under subparagraph (A) of subsection (b)(3) if--CommentsClose CommentsPermalink





‘(I) in clause (i) of that subparagraph, ‘120 percent’ is substituted for ‘115 percent’; andCommentsClose CommentsPermalink





‘(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’.CommentsClose CommentsPermalink





‘(D) LIMITATION- For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to the date of enactment of this paragraph.CommentsClose CommentsPermalink





‘(E) AUTHORITY OF THE SECRETARY- The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.CommentsClose CommentsPermalink





‘(F) LACK OF ACCESS- Notwithstanding any other provision of this section, the Secretary may provide assistance under this section to eligible producers on a farm that--CommentsClose CommentsPermalink





‘(i) suffered a production loss due to a natural cause during the 2008 crop year; andCommentsClose CommentsPermalink





‘(ii) as determined by the Secretary--CommentsClose CommentsPermalink





‘(I)(aa) except as provided in item (bb), lack access to a policy or plan of insurance under subtitle A; orCommentsClose CommentsPermalink





‘(bb) do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming practices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the United States; andCommentsClose CommentsPermalink





‘(II) are not eligible for the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).’.CommentsClose CommentsPermalink





(b) Trade Act of 1974- Section 901(g) of the Trade Act of 1974 (19 U.S.C. 2497(g)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(7) 2008 TRANSITION ASSISTANCE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm--CommentsClose CommentsPermalink





‘(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enactment of this paragraph; andCommentsClose CommentsPermalink





‘(ii)(I) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding a crop insurance pilot program under that Act) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; andCommentsClose CommentsPermalink





‘(II) in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2009 crop yearnext year for which a policy is available.CommentsClose CommentsPermalink





‘(B) AMOUNT OF ASSISTANCE- Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm--CommentsClose CommentsPermalink





‘(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; andCommentsClose CommentsPermalink





‘(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining yield under that program, the Secretary shall use a percentage that is 70 percentthe level of coverage, the Secretary shall use 70 percent of the applicable yield.CommentsClose CommentsPermalink





‘(C) EQUITABLE RELIEF- Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and received, or are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an additional amount equal to the greater of--CommentsClose CommentsPermalink





‘(i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; orCommentsClose CommentsPermalink





‘(ii) the amount that would have been calculated under subparagraph (A) of subsection (b)(3) if--CommentsClose CommentsPermalink





‘(I) in clause (i) of that subparagraph, ‘120 percent’ is substituted for ‘115 percent’; andCommentsClose CommentsPermalink





‘(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’.CommentsClose CommentsPermalink





‘(D) LIMITATION- For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to the date of enactment of this paragraph.CommentsClose CommentsPermalink





‘(E) AUTHORITY OF THE SECRETARY- The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.CommentsClose CommentsPermalink





‘(F) LACK OF ACCESS- Notwithstanding any other provision of this section, the Secretary may provide assistance under this section to eligible producers on a farm that--CommentsClose CommentsPermalink





‘(i) suffered a production loss due to a natural cause during the 2008 crop year; andCommentsClose CommentsPermalink





‘(ii) as determined by the Secretary--CommentsClose CommentsPermalink





‘(I)(aa) except as provided in item (bb), lack access to a policy or plan of insurance under subtitle A; orCommentsClose CommentsPermalink





‘(bb) do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming practices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the United States; andCommentsClose CommentsPermalink





‘(II) are not eligible for the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).’.CommentsClose CommentsPermalink





(c) EmergencyFarm Operating Loans-CommentsClose CommentsPermalink





(1) IN GENERAL- For the principal amount of direct emergency loans under section 32farm operating loans under section 311 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961), $200,00041), $173,367,000.CommentsClose CommentsPermalink





(2) DIRECT EMERGENCY LOANS- For the cost of direct emergencyFARM OPERATING LOANS- For the cost of direct farm operating loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), $28,440,000, to remain available until September 30, 2010,440,000.CommentsClose CommentsPermalink





(d) 2008 Aquaculture Assistance-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) ELIGIBLE AQUACULTURE PRODUCER- The term ‘eligible aquaculture producer’ means an aquaculture producer that during the 2008 calendar year, as determined by the Secretary--CommentsClose CommentsPermalink





(i) produced an aquaculture species for which feed costs represented a substantial percentage of the input costs of the aquaculture operation; andCommentsClose CommentsPermalink





(ii) experienced a substantial price increase of feed costs above the previous 5-year average.CommentsClose CommentsPermalink





(B) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





(2) GRANT PROGRAM-CommentsClose CommentsPermalink





(A) IN GENERAL- Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $50,000,000, to remain available until September 30, 2010, to carry out a program of grants to States to assist eligible aquaculture producers for losses associated with high feed input costs during the 2008 calendar year.CommentsClose CommentsPermalink





(B) NOTIFICATION- Not later than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible aquaculture producers, including such terms as determined by the Secretary to be necessary for the equitable treatment of eligible aquaculture producers.CommentsClose CommentsPermalink





(C) PROVISION OF GRANTS-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary shall make grants to States under this subsection on a pro rata basis based on the amount of aquaculture feed used in each State during the 2007 calendar year, as determined by the Secretary.CommentsClose CommentsPermalink





(ii) TIMING- Not later than 120 days after the date of enactment of this Act, the Secretary shall make grants to States to provide assistance under this subsection.CommentsClose CommentsPermalink





(D) REQUIREMENTS- The Secretary shall make grants under this subsection only to States that demonstrate to the satisfaction of the Secretary that the State will--CommentsClose CommentsPermalink





(i) use grant funds to assist eligible aquaculture producers;CommentsClose CommentsPermalink





(ii) provide assistance to eligible aquaculture producers not later than 60 days after the date on which the State receives grant funds; andCommentsClose CommentsPermalink





(iii) not later than 30 days after the date on which the State provides assistance to eligible aquaculture producers, submit to the Secretary a report that describes--CommentsClose CommentsPermalink





(I) the manner in which the State provided assistance;CommentsClose CommentsPermalink





(II) the amounts of assistance provided per species of aquaculture; andCommentsClose CommentsPermalink





(III) the process by which the State determined the levels of assistance to eligible aquaculture producers.CommentsClose CommentsPermalink





(3) REDUCTION IN PAYMENTS- An eligible aquaculture producer that receives assistance under this subsection shall not be eligible to receive any other assistance under the supplemental agricultural disaster assistance program established under section 531 of the Federal Crop Insurance Act (7 U.S.C. 1531) and section 901 of the Trade Act of 1974 (19 U.S.C. 2497) for any losses in 2008 relating to the same species of aquaculture.CommentsClose CommentsPermalink





(4) REPORT TO CONGRESS- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that--CommentsClose CommentsPermalink





(A) describes in detail the manner in which this subsection has been carried out; andCommentsClose CommentsPermalink





(B) includes the information reported to the Secretary under paragraph (2)(D)(iii).CommentsClose CommentsPermalink





(e) Administration- There is hereby appropriated $54,000,000 to carry out this section.Sec. 104. (a) Hereafter, in this section, the term ‘nonambulatory disabled cattle’ means cattle, other than cattle that are less than 5 months old or weigh less than 500 pounds, subject to inspection under section 3(b) of the Federal Meat Inspection Act (21 U.S.C. 603(b)) that cannot rise from a recumbent position or walk, including cattle with a broken appendage, severed tendon or ligament, nerve paralysis, fractured vertebral column, or a metabolic condition.(b) Hereafter, none of the funds made available under this or any other Act may be used to pay the salaries or expenses of any personnel of the Food Safety and Inspection Service to pass through inspection any nonambulatory disabled cattle for use as human food, regardless of the reason for the nonambulatory status of the cattle or the time at which the cattle became nonambulatory.Sec. 105. State and Local Governments. Section 1001(f)(6)(A) of the Food Security Act of 1985 (7 U.S.C. 1308(f)(6)(A)) is amended by inserting ‘(other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of this Act)’ before the period at the end.Sec. 106. Except for title I of the3. For fiscal years 2009 and 2010, in the case of each program established or amended by the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), other than by title I of such Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation funds provided in that Act shall be available for administrative expenses, including technical assistance, without regard to the limitation in --CommentsClose CommentsPermalink





(1) such funds shall be available for the purpose of covering salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ); and CommentsClose CommentsPermalink





(2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section.CommentsClose CommentsPermalink





Sec. 104. In addition to other available funds, of the funds made available to the Rural Development mission area in this title, not more than 3 percent of the funds can be used for administrative costs to carry out loan, loan guarantee and grant activities funded in this title, which shall be transferred to and merged with the appropriation for ‘Rural Development, Salaries and Expenses’: Provided, That of this amount $1,750,000 shall be committed to agency projects associated with maintaining the compliance, safety, and soundness of the portfolio of loans guaranteed through the section 502 guaranteed loan program.CommentsClose CommentsPermalink





Sec. 105. Of the amounts appropriated in this title to the ‘Rural Housing Service, Rural Community Facilities Program Account’, the ‘Rural Business-Cooperative Service, Rural Business Program Account’, and the "Rural Utilities Service, Rural Water and Waste Disposal Program Account’, at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided, That for the purposes of this section, the term ‘persistent poverty counties’ means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1980, 1990, and 2000 decennial censuses.CommentsClose CommentsPermalink

TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

DEPARTMENT OF COMMERCE

Bureau of Industry and Securityoperations and administrationFor an additional amount for ‘Operations and Administration’, $20,000,000, to remain available until September 30, 2010.Economic Development Administration

economic development assistance programs

For an additional amount for ‘Economic Development Assistance Programs’, $150,000,000, to remain available until September 30, 2010:Provided, That : Provided, That $50,000,000 shall be for economic adjustment assistance as authorized by section 209 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3149): Provided further, That in allocating the funds provided in the previous proviso, the Secretary of Commerce shall give priority consideration to areas of the Nation that have experienced sudden and severe economic dislocation and job loss due to corporate restructuring: Provided further, That not to exceed 2 percent of the funds provided under this heading may be transferred to and merged with the appropriation for ‘Salaries and Expenses’ for purposes of program administration and oversight: Provided further, That up to $50,000,000 of the funds provided under this heading may be transferred to federally authorized regional economic development commissions.CommentsClose CommentsPermalink

Bureau of the Census

periodic censuses and programs

For an additional amount for ‘Periodic Censuses and Programs’, $1,000,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink

National Telecommunications and Information Administration

broadband technology opportunities program

For an amount for ‘Broadband Technology Opportunities Program’, $7,000,000,000, to remain available until September 30, 2010:Provided, That of the funds provided under this heading, $6,650,000,000 shall be expended pursuant to section 201 of this Act, of 4,700,000,000: Provided, That of the funds provided under this heading, not less than $4,350,000,000 shall be expended pursuant to division B of this Act, of which: not less than $200,000,000 shall be available for competitive grants for expanding public computer center capacity, including at community colleges and public libraries; not less than $250,000,000 shall be available for competitive grants for innovative programs to encourage sustainable adoption of broadband service; and $10,000,000 shall be transferred to ‘Department of Commerce, Office of Inspector General’ for the purposes of audits and oversight of funds provided under this heading and such funds shall remain available until expended: Provided further, That 50 percent of the funds provided in the previous proviso shall be used to support projects in rural communities, which in part may be transferred to the Department of Agriculture for administration through the Rural Utilities Service if deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Secretary of Agriculture, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds: Provided further, That of the funds provided under this heading, up to $350,000,000 may be expended pursuant to Public Law 110-385 (47 U.S.C. 1301 note) and for the purposes of developing and maintaining a broadband inventory map pursuant to section 201division B of this Act: Provided further, That of the funds provided under this heading, amounts deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Federal Communications Commission (FCC), may be transferred to the FCC for the purposes of developing a national broadband plan or for carrying out any other FCC responsibilities pursuant to section 201division B of this Act, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds: Provided further, That not more than 3 percent of funds provided under this heading may be used for administrative costs, and this limitation shall apply to funds which may be transferred to the Department of Agriculture and the FCC.CommentsClose CommentsPermalink

digital-to-analog converter box program

For an amount for ‘Digital-to-Analog Converter Box Program’, $650,000,000, for additional coupons and related activities under the program implemented under section 3005 of the Digital Television Transition and Public Safety Act of 2005, to remain available until September 30, 2010:: Provided, That of the amounts provided under this heading, $90,000,000 may be for education and outreach, including grants to organizations for programs to educate vulnerable populations, including senior citizens, minority communities, people with disabilities, low-income individuals, and people living in rural areas, about the transition and to provide one-on-one assistance to vulnerable populations, including help with converter box installation: Provided further, That the amounts provided in the previous proviso may be transferred to the Federal Communications Commission (CommissionFCC) if deemed necessary and appropriate by the Secretary of Commerce in consultation with the Commission, and only if the Committees on Appropriations of the House and the Senate are FCC, and only if the Committees on Appropriations of the House and the Senate are notified not less than 5 days in advance of transfer of such funds: Provided further, That $2,000,000 of funds provided under this heading shall be transferred to ‘Department of Commerce, Office of Inspector General’ for audits and oversight of funds provided under this heading.CommentsClose CommentsPermalink

National Institute of Standards and Technology

scientific and technical research and services

For an additional amount for ‘Scientific and Technical Research and Services’, $168,000,000, to remain available until September 30, 201220,000,000.CommentsClose CommentsPermalink

construction of research facilities

For an additional amount for ‘Construction of Research Facilities’, $307,000,000, to remain available until September 30, 201060,000,000, of which $180,000,000 shall be for a competitive construction grant program for research science buildings.CommentsClose CommentsPermalink

National Oceanic and Atmospheric Administration

operations, research, and facilities

For an additional amount for ‘Operations, Research, and Facilities’, $377,000,000, to remain available until September 30, 201230,000,000.CommentsClose CommentsPermalink

procurement, acquisition and construction

For an additional amount for ‘Procurement, Acquisition and Construction’, $645,000,000, to remain available until September 30, 20100,000,000.CommentsClose CommentsPermalink

Office of Inspector General

For an additional amount for ‘Office of Inspector General’, $6,000,000, to remain available until September 30, 20123.CommentsClose CommentsPermalink

DEPARTMENT OF JUSTICE

General Administration

tactical law enforcement wireless communications For an additional amount for ‘Tactical Law Enforcement Wireless Communications’, $100,000,000 for the costs of developing and implementing a nationwide Integrated Wireless network supporting Federal law enforcement, to remain available until September 30, 2010. Detention Trustee For an additional amount for ‘Detention Trustee’, $100,000,000, to remain available until September 30, 2010. Office of Inspector General OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘Office of Inspector General’, $2,000,000, to remain available until September 30, 2011.United States Marshals Servicesalaries and expensesFor an additional amount for ‘Salaries and Expenses’, $50,000,000, to remain available until September 30, 2010.constructionFor an additional amount for ‘Construction’, $100,000,000, to remain available until September 30, 2010.Federal Bureau of Investigationsalaries and expensesFor an additional amount for ‘Salaries and Expenses’, $75,000,000, to remain available until September 30, 2010.constructionFor an additional amount for ‘Construction’, $300,000,000, to remain available until September 30, 2010.Federal Prison Systembuildings and facilitiesFor an additional amount for ‘Federal Prison System, Buildings and Facilities’, $800,000,000, to remain available until September 30, 20103.CommentsClose CommentsPermalink

State and Local Law Enforcement Activities

Office on Violence Against Women

violence against women prevention and prosecution programs

For an additional amount for ‘Violence Against Women Prevention and Prosecution Programs’, $300225,000,000 for grants to combat violence against women, as authorized by part T of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 371196gg et seq.): Provided, That, $50,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322).CommentsClose CommentsPermalink

Office of Justice Programs

state and local law enforcement assistance

For an additional amount for ‘State and Local Law Enforcement Assistance’, $1,200,000,0002,000,000,000, for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Street Acts Acts of 1968 (‘1968 Act’), (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act), to remain available until September 30, 2010.For an additional amount.CommentsClose CommentsPermalink





For an additional amount for ‘State and Local Law Enforcement Assistance’, $300,000,000225,000,000, for competitive grants to improve the functioning of the criminal justice system, to assist victims of crime (other than compensation), and youth mentoring grants, to remain available until September 30, 2010.For an additional amount.CommentsClose CommentsPermalink





For an additional amount for ‘State and Local Law Enforcement Assistance’, $90,000,000, to remain available until September 30, 20140,000,000, for competitive grants to provide assistance and equipment to local law enforcement along the Southern border and in High-Intensity Drug Trafficking Areas to combat criminal narcotics activity stemming from the Southern border, of which $10,000,000 shall be transferred to ‘Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses’ for the ATF Project Gunrunner.CommentsClose CommentsPermalink





For an additional amount for ‘State and Local Law Enforcement Assistance’, $300,000,000, to remain available until September 30, 2010, for assistance to Indian tribes, notwithstandingPublic Law225,000,000, for assistance to Indian tribes, notwithstanding Public Law 108-199, division B, title I, section 112(a)(1) (118 Stat. 62), of which--(1) $250,000,000which shall be available for grants under section 20109 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322);(2) $25,000,000 shall be available for the Tribal Courts Initiative; and(3) $25,000,000 shall be available for tribal alcohol and substance abuse drug reduction assistance grants.CommentsClose CommentsPermalink





For an additional amount for ‘State and Local Law Enforcement Assistance’, $100,000,000, to remain available until September 30, 2010, to be distributed by the Office for Victims of Crime in accordance with section 1402(d)(4) of the Victims of Crime Act of 1984 (Public Law 98-473).CommentsClose CommentsPermalink





For an additional amount for ‘State and Local Law Enforcement Assistance’, $150,000,000, to remain available until September 30, 2010, for assistance to law enforcement in25,000,000, for assistance to law enforcement in rural States and rural areas, to prevent and combat crime, especially drug-related crime.CommentsClose CommentsPermalink





For an additional amount for ‘State and Local Law Enforcement Assistance’, $50,000,000, to remain available until September 30, 2010, for Internet Crimes Against Children (ICAC) initiatives.CommentsClose CommentsPermalink

Community Oriented Policing Services

For an additional amount for ‘Community Oriented Policing Services’, for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796dd) for hiring and rehiring of additional career law enforcement officers under part Q of such title, and civilian public safety personnel, notwithstanding subsection (i) of such section and notwithstanding 42 U.S.C. 3796dd-3(c), $1,000,000,000, to remain available until September 30, 201, $1,000,000,000.CommentsClose CommentsPermalink

Salaries and Expenses

For an additional amount, not elsewhere specified in this title, for management and administration and oversight of programs within the Office on Violence Against Women, the Office of Justice Programs, and the Community Oriented Policing Services Office, $10,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink

SCIENCE

National Aeronautics and Space Administration

science

For an additional amount for ‘Science’, $450,000,000, to remain available until September 30, 20100,000,000.CommentsClose CommentsPermalink

aeronautics

For an additional amount for ‘Aeronautics’, $200,000,000, to remain available until September 30, 201150,000,000.CommentsClose CommentsPermalink

exploration

For an additional amount for ‘Exploration’, $450,000,000, to remain available until September 30, 20100,000,000.CommentsClose CommentsPermalink

cross agency support

For an additional amount for ‘Cross Agency Support’, $200,000,000, to remain available until September 30, 20150,000,000.CommentsClose CommentsPermalink

office of inspector general

For an additional amount for ‘Office of Inspector General’, $2,000,000, to remain available until September 30, 20113.CommentsClose CommentsPermalink

National Science Foundation

research and related activities

For an additional amount for ‘Research and Related Activities’, $1,000,000,000, to remain available until September 30, 2012,500,000,000: Provided, That $300,000,000 shall be available solely for the Major Research Instrumentation program and $200,000,000 shall be for activities authorized by title II of Public Law 100-570 for academic research facilities modernization.CommentsClose CommentsPermalink

For an additional amount for ‘Education and Human Resources’, $100,000,000.CommentsClose CommentsPermalink

major research equipment and facilities construction

For an additional amount for ‘Major Research Equipment and Facilities Construction’, $150,000,000, to remain available until September 30, 2010.education and human resourcesFor an additional amount for ‘Education and Human Resources’, $50,000,000, to remain available until September 30, 201400,000,000.CommentsClose CommentsPermalink

office of inspector general

For an additional amount for ‘Office of Inspector General’, $2,000,000, to remain available until September 30, 2011.GENERAL PROVISIONS3.CommentsClose CommentsPermalink

GENERAL PROVISION--THIS TITLE

Sec. 201. The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission) (and, with respect to rural areas, the Secretary of Agriculture), shall establish a national broadband service development and expansion program in conjunction with the technology opportunities program, which shall be referred to the Broadband Technology Opportunities Program. The Assistant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs.(1) The purposes of the program are to--(A) provide access to broadband service to citizens residing in unserved areas of the United States;(B) provide improved access to broadband service to citizens residing in underserved areas of the United States;(C) provide broadband education, awareness, training, access, equipment, and support to--(i) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these organizations;(ii) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; and(iii) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Renewal Community or Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture.(D) improve access to, and use of, broadband service by public safety agencies; and(E) stimulate the demand for broadband, economic growth, and job creation.(2) The Assistant Secretary may consult with the chief executive officer of any State with respect to--(A) the identification of areas described in subsection (1)(A) or (B) located in that State; and(B) the allocation of grant funds within that State for projects in or affecting the State.(3) The Assistant Secretary shall--(A) establish and implement the grant program as expeditiously as practicable;(B) ensure that all awards are made before the end of fiscal year 2010;(C) seek such assurances as may be necessary or appropriate from grantees under the program that they will substantially complete projects supported by the program in accordance with project timelines, not to exceed 2 years following an award; and(D) report on the status of the program to the Committees on Appropriations of the House and the Senate, the Committee on Energy and Commerce of the House, and the Committee on Commerce, Science, and Transportation of the Senate, every 90 days.(4) To be eligible for a grant under the program an applicant shall--(A) be a State or political subdivision thereof, a nonprofit foundation, corporation, institution or association, Indian tribe, Native Hawaiian organization, or other non-governmental entity in partnership with a State or political subdivision thereof, Indian tribe, or Native Hawaiian organization if the Assistant Secretary determines the partnership consistent with the purposes this section;(B) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require;(C) provide a detailed explanation of how any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a demonstration that the project would not have been implemented during the grant period without Federal grant assistance;(D) demonstrate, to the satisfaction of the Assistant Secretary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws;(E) demonstrate, to the satisfaction of the Assistant Secretary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obligate, from non-Federal sources, funds required to meet the requirements of paragraph (5);(F) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; and(G) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.(5) The Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if--(A) the applicant petitions the Assistant Secretary for a waiver; and(B) the Assistant Secretary determines that the petition demonstrates financial need.(6) The Assistant Secretary may make competitive grants under the program to--(A) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services;(B) construct and deploy broadband service related infrastructure;(C) ensure access to broadband service by community anchor institutions;(D) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations;(E) construct and deploy broadband facilities that improve public safety broadband communications services; and(F) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established.(7) The Assistant Secretary--(A) shall require any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity’s use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall make these reports available to the public;(B) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section;(C) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any use of funds made available pursuant to this section;(D) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or existing applicants consistent with this section; and(E) shall create and maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains at least the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to understand and monitor grants awarded under the program.(8) Concurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Federal Communications Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section.(9) Within 1 year after the date of enactment of this Act, the Commission shall complete a rulemaking to develop a national broadband plan. In developing the plan, the Commission shall--(A) consider the most effective and efficient national strategy for ensuring that all Americans have access to, and take advantage of, advanced broadband services;(B) have access to data provided to other Government agencies under the Broadband Data Improvement Act (47EC. 201. Sections 1701(g) and 1704(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 1301 note);(C) evaluate the status of deployments of broadband service, including the progress of projects supported by the grants made pursuant to this section; and(D) develop recommendations for achieving the goal of nationally available broadband service for the United States and for promoting broadband adoption nationwide.(10) The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that entities and depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State:Provided, That not later than 2 years after the date of the enactment of the Act, the Assistant Secretary shall make the broadband inventory map developed and maintained pursuant to this section accessible to the public.Sec. 202. The Assistant Secretary of Commerce for Communications and Information may reissue any coupon issued under section 3005(a) of the Digital Television Transition and Public Safety Act of 2005 that has expired before use, and shall cancel any unredeemed coupon reported as lost and may issue a replacement coupon for the lost coupon3796dd(g) and 3796dd-3(c)) shall not apply with respect to funds appropriated in this or any other Act making appropriations for fiscal year 2009 or 2010 for Community Oriented Policing Services authorized under part Q of such Act of 1968.CommentsClose CommentsPermalink

TITLE III--DEPARTMENT OF DEFENSE

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ‘Operation and Maintenance, Army’, $1,169,291474,525,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Navy

For an additional amount for ‘Operation and Maintenance, Navy’, $571,843657,051,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Marine Corps

For an additional amount for ‘Operation and Maintenance, Marine Corps’, $112,1673,865,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Air Force

For an additional amount for ‘Operation and Maintenance, Air Force’, $927,113,000, to remain available for obligation until September 30, 20101,095,959,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Army Reserve

For an additional amount for ‘Operation and Maintenance, Army Reserve’, $79,54398,269,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Navy Reserve

For an additional amount for ‘Operation and Maintenance, Navy Reserve’, $44,58655,083,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ‘Operation and Maintenance, Marine Corps Reserve’, $32,3049,909,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Air Force Reserve

For an additional amount for ‘Operation and Maintenance, Air Force Reserve’, $10,6743,187,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Army National Guard

For an additional amount for ‘Operation and Maintenance, Army National Guard’, $215,55766,304,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

Operation and Maintenance, Air National Guard

For an additional amount for ‘Operation and Maintenance, Air National Guard’, $20,922,000, to remain available for obligation until September 30, 2010.PROCUREMENTDefense Production Act PurchasesFor an additional amount for ‘Defense Production Act Purchases’, $100,0005,848,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.CommentsClose CommentsPermalink

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Defense-WideArmy

For an additional amount for ‘Research, Development, Test and Evaluation, Army’, $75,000,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink

For an additional amount for ‘Research, Development, Test and Evaluation, Defense-Wide’, $20075,000,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ‘Defense Health Program’, $25400,000,000 for operation and maintenance, to remain available for obligation until September 30, 2010.Office of the Inspector , to improve, repair and modernize military medical facilities, and invest in the energy efficiency of military medical facilities.CommentsClose CommentsPermalink

Office of the Inspector General

For an additional amount for ‘Office of the Inspector General’, $125,000,000 for operation and maintenance, to remain available for obligation until September 30, 2011, and an additional $3,000,000 for such purposes, to remain available until September 30, 2011.CommentsClose CommentsPermalink

TITLE IV--ENERGY AND WATER DEVELOPMENT

DEPARTMENT OF DEFENSE--CIVIL

Department of the Army

Corps of Engineers--Civil

investigations

For an additional amount for ‘Investigations’ for expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $25,000,000:, $25,000,000: Provided, That funds provided under this heading in this title shall only be used for programs, projects or activities that heretofore or hereafter receive funds provided in Acts making appropriations available for Energy and Water Development: Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall haveof the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’ for expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law, $2,000,000,000, of which such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized byPublic Law 104-303: Provided, That not less than, $2,000,000,000: Provided, That not less than $200,000,000 of the funds provided shall be for water-related environmental infrastructure assistance: Provided further, That section 102 of Public Law 109-103 (33 U.S.C. 2221) shall not apply to funds provided in this title: Provided further, That notwithstanding any other provision of law, no funds shall be drawn fromfunds provided in this paragraph shall not be cost shared with the Inland Waterways Trust Fund, as authorized in Public Law 99-662: Provided further, That funds provided under this heading in this title shall only be used for programs, projects or activities that heretofore or hereafter receive funds provided in Acts making appropriations available for Energy and Water Development: Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986, as amended (33 U.S.C. 2280), shall not apply during fiscal year 2009 to any project that received funds provided in this title: Provided further, That funds appropriated under this heading may be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r); section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s); section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330); or section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), notwithstanding the program cost limitations set forth in those sections: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall haveof the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.CommentsClose CommentsPermalink

mississippi river and tributaries

For an additional amount for ‘Mississippi River and Tributaries’ for expenses necessary for flood damage reduction projects and related efforts as authorized by law, $500,000,000, of which such sums as are necessary to cover the Federal share of operation and maintenance costs for inland harbors shall be derived from the Harbor Maintenance Trust Fund, pursuant toPublic Law 99-662: Provided, That funds provided under this heading in this title shall only be used for programs, projects or activities that , $375,000,000: Provided, That funds provided under this heading in this title shall only be used for programs, projects or activities that heretofore or hereafter receive funds provided in Acts making appropriations available for Energy and Water Development: Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986, as amended (33 U.S.C. 2280), shall not apply during fiscal year 2009 to any project that received funds provided in this title: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall haveof the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.CommentsClose CommentsPermalink

operation and maintenance

For an additional amount for ‘Operation and Maintenance’ for expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law, and for surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removal of obstructions to navigation, $1,900,000,000, of which such sums as are necessary to cover the Federal share of operation and maintenance costs for coastal harbors and channels, and inland harbors shall be derived from the Harbor Maintenance Trust Fund, pursuant toPublic Law 99-662; and of which such sums as become available under section 217 of the Water Resources Development Act of 1996, Public Law 104-303, shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which fees have been collected: Provided, That funds provided under this heading in this title shall only be used for programs, projects or activities that , $2,075,000,000: Provided, That funds provided under this heading in this title shall only be used for programs, projects or activities that heretofore or hereafter receive funds provided in Acts making appropriations available for Energy and Water Development: Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That $90,000,000 of the funds provided under this heading shall be used for activities described in section 9004 of Public Law 110-114: Provided further, That section 9006 of Public Law 110-114 shall not apply to funds provided in this title: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall haveof the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.CommentsClose CommentsPermalink

regulatory program

For an additional amount for ‘Regulatory Program’ for expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $25,000,000 is provided, $25,000,000.CommentsClose CommentsPermalink

formerly utilized sites remedial action program

For an additional amount for ‘Formerly Utilized Sites Remedial Action Program’ for expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation’s early atomic energy program, $100,000,000:Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or, $100,000,000: Provided, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall haveof the Army shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.CommentsClose CommentsPermalink

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

water and related resources

For an additional amount for management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian tribes, and others, $1,400,000,000; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund:Provided, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That funds provided under this heading in this title shall only be used for programs, projects or activities that heretofore or hereafter receive funds provided in Acts making appropriations available for Energy and Water Development‘Water and Related Resources’, $1,000,000,000: Provided, That of the amount appropriated under this heading, not less than $126,000,000 shall be used for water reclamation and reuse projects authorized under title XVI of Public Law 102-575: Provided further, That funds provided in this Act shall be used for elements of projects, programs or activities that can be completed within these funding amounts and not create budgetary obligations in future fiscal years: Provided further, That $50,000,000 of the funds provided under this heading may be transferred to the Department of the Interior for programs, projects and activities authorized by the Central Utah Project Completion Act (titles II-V of Public Law 102-575): Provided further, That $50,000,000 of the funds provided under this heading may be used for programs, projects, and activities authorized by the California Bay-Delta Restoration Act (Public Law 108-361): Provided further, That not less than $60,000,000 of the funds provided under this heading shall be used for rural water projects and shall be expended primarily on water intake and treatment facilities of such projects: Provided further, That not less than $10,000,000 of the funds provided under this heading shall be used for a bureau-wide inspection of canals program in urbanized areas: Provided further, That not less than $110,000,000 of the funds provided under this heading shall be used for water reclamation and reuse projects (title 16 of Public Law 102-575): Provided further, That the costs of reimbursable activities, other than for maintenance and rehabilitation, carried out with funds provided in this Act shall be repaid pursuant to existing authorities and agreements: Provided further,That the costs of extraordinary maintenance and rehabilitation activitiesplacement activities carried out with funds provided in this Act shall be repaid pursuant to existing authority, except the length of repayment period shall be determined on needs-based criteria to be established and adoptas determined by the Commissioner, but in no case shall the repayment period exceed 25 years: Provided further, That for projects that are being 50 years and the repayment shall include interest, at a rate determined by the Secretary of the Treasury as of the beginning of the fiscal year in which the work is commenced, on the basis of average market yields on outstanding marketable obligations of the United States with the remaining periods of maturity comparable to the applicable reimbursement period of the project adjusted to the nearest one-eighth of 1 percent on the unamortized balance of any portion of the loan: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall haveof the Interior shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.CommentsClose CommentsPermalink

DEPARTMENT OF ENERGY

Energy Programsenergy efficiency and renewable eNERGY PROGRAMS

Energy Efficiency and Renewable Energy

For an additional amount for ‘Energy Efficiency and Renewable Energy’, $14,398,000,000, for necessary expenses, to remain available until September 30, 2010:Provided, That $46,800,000,000: Provided, That $3,200,000,000 shall be available for Energy Efficiency and Conservation Block Grants for implementation of programs authorized under subtitle E of title V of the Energy Independence and Security Act of 2007 (42 U.S.C. 17151 et seq.), of which $2,1800,000,000 is available through the formula in subtitle E: Provided further, That the Secretary may use the most recent and accurate population data available to satisfy the requirements of section 543(b) of the Energy Independence and Security Act of 2007: Provided further, That the remaining $2,100,000,000 shall be awarded on a competitive basis only to competitive grant applicants from States in which the Governor certifies to the Secretary of Energy that the applicable State regulatory authority will implement the integrated resource planning and rate design modifications standards required to be considered under paragraphs (16) and (17) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16400,000,000 shall be awarded on a competitive basis: Provided further, That $5,000,000,000 shall be for the Weatherization Assistance Program under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 2621(d)(16) and (17)); and the Governor will take all actions within his or her authority to ensure that the State, or the applicable units of local government that have authority to adopt building codes, will implement--(A) building energy codes for residential buildings that the Secretary determines are likely to meet or exceed the 2009 International Energy Conservation Code;(B) building energy codes for commercial buildings that the Secretary determines are likely to meet or exceed the ANSI/ASHRAE/IESNA Standard 90.1-2007; and(C) a plan for implementing and enforcing the building energy codes described in subparagraphs (A) and (B) that is likely to ensure that at least 90 percent of the new6861 et seq.): Provided further, That $3,100,000,000 shall be for the State Energy Program authorized under part D of title III of the Energy Policy and renovated residential and commercial building space will meet the standards within 8 years after the date of enactment of this Act:Conservation Act (42 U.S.C. 6321): Provided further, That $2,000,000,000 shall be available for grants for the manufacturing of advanced batteries and components and the Secretary shall provide facility funding awards under this section to manufacturers of advanced battery systems and vehicle batteries that are produced in the United States, including advanced lithium ion batteries, hybrid electrical systems, component manufacturers, and software designers: Provided further, That notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, may from within the funds provided, recruit and directly appoint highly qualified individuals into the competitive service: Provided further, That such authority shall not apply to positions in the Excepted Service or the Senior Executive Service: Provided further, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department shall comply with the public notice requirements of section 3327 of such title 5.CommentsClose CommentsPermalink

Electricity Delivery and Energy Reliability

For an additional amount for ‘Electricity Delivery and Energy Reliability’, $4,500,000,000, for necessary expenses, to remain available until September 30, 2010:Provided, That ,’ $4,500,000,000: Provided, That funds shall be available for expenses necessary for electricity delivery and energy reliability activities to modernize the electric grid, to include demand responsive equipment, enhance security and reliability of the energy infrastructure, energy storage research, development, demonstration and deployment, and facilitate recovery from disruptions to the energy supply, and for implementation of programs authorized under title XIII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381 et seq.): Provided further, That $100,000,000 shall be available for worker training activities: Provided further, That notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, may from within the funds provided, recruit and directly appoint highly qualified individuals into the competitive service: Provided further, That such authority shall not apply to positions in the Excepted Service or the Senior Executive Service: Provided further, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department shall comply with the public notice requirements of section 3327 of such title 5: Provided further, That for the purpose of facilitating the development of regional transmission plans, the Office of Electricity Delivery and Energy Reliability within the Department of Energy is provided $80,000,000 within the available funds to conduct a resource assessment and an analysis of future demand and transmission requirements after consultation with the Federal Energy Regulatory Commission: Provided further, That the Office of Electricity Delivery and Energy Reliability will provide technical assistance to thein coordination with the Federal Energy Regulatory Commission will provide technical assistance to the North American Electric Reliability Corporation, the regional reliability entities, the States, and other transmission owners and operators for the formation of interconnection-based transmission plans for the Eastern and Western Interconnections and ERCOT: Provided further, That such assistance may include modeling, support to regions and States for the development of coordinated State electricity policies, programs, laws, and regulations: Provided further, That $10,000,000 is provided to implement section 1305 of Public Law 110-140: Provided further, That the Secretary of Energy may use or transfer amounts provided under this heading to carry out new authority for transmission improvements, if such authority is enacted in any subsequent Act, consistent with existing fiscal management practices and procedures.CommentsClose CommentsPermalink

Fossil Energy Research and Development

For an additional amount for ‘Fossil Energy Research and Development’, $4,600,000,000, to remain available until September 30, 2010:Provided, That $2,000,000,000 is available for one or more near zero emissions powerplant(s): Provided further, $1,000,000,000 is available for selections under the Department’s Clean Coal Power Initiative Round III Funding Opportunity Announcement; notwithstanding the mandatory eligibility requirements of the Funding Opportunity Announcement, the Department shall consider applications that utilize petroleum coke for some or all of the project’s fuel input: Provided further, $1,520,000,000 is available for a competitive solicitation pursuant to section 703 of Public Law 110-140 for projects that demonstrate carbon capture from industrial sources: Provided further, That awards for such projects may include plant efficiency improvements for integration with carbon capture technology3,400,000,000.CommentsClose CommentsPermalink

Non-Defense Environmental Cleanup

For an additional amount for ‘Non-Defense Environmental Cleanup’, $483,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink

Uranium Enrichment Decontamination and Decommissioning Fund

For an additional amount for ‘Uranium Enrichment Decontamination and Decommissioning Fund’, $390,000,000, to remain available until September 30, 2010, of which $70,000,000 shall be available in accordance with title X, subtitle A of the Energy Policy Act of 1992.CommentsClose CommentsPermalink

Science

For an additional amount for ‘Science’, $330,000,000, to remain available until September 30, 20101,600,000,000.CommentsClose CommentsPermalink

For the Advanced Research Projects Agency--Energy, $400,000,000, as authorized under section 5012 of the America COMPETES Act (42 U.S.C. 16538).CommentsClose CommentsPermalink

Title 17--Innovative Technology Loan Guarantee Program

Subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans under section 1702(b)(2) of the Energy Policy Act of 2005, shall not exceed a total principal amount of $50,000,000,000 for eligible projects, to remain available until committed:Provided, That these amounts are in addition to any authority provided elsewhere in this Act and this and previous fiscal years: Provided further, That such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under this heading in this and prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That the source of such payment received from borrowers is not a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, no appropriations are available to pay the subsidy cost of such guarantees: Provided further, That none of the loan guarantee authority made available in this Act shall be available for commitments to guarantee loans under section 1702(b)(2) of the Energy Policy Act of 2005 for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel or affiliated entity are expected to be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That none of the loan guarantee authority made available in this Act shall be available under section 1702(b)(2) of the Energy Policy Act of 2005 for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this title: Provided further, That fFor an additional amount for the cost of guaranteed loans authorized by section 1702(b)(1) and section 1705 of the Energy Policy Act of 2005, $8,56,000,000,000, available until expended, to pay the costs of guarantees made under this section: Provided further, That of the amount provided for T, That of the amount provided for title XVII, $125,000,000 shall be used for administrative expenses in carrying out the guaranteed loan program.Office of the Inspector : Provided further, That of the amounts provided for title XVII, $10,000,000 shall be transferred to and available for administrative expenses for the Advanced Technology Vehicles Manufacturing Loan Program.CommentsClose CommentsPermalink

Office of the Inspector General

For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $5,000,000, to remain available until September 30, 2012, and an additional $10,000,000 for such purposes15,000,000, to remain available until September 30, 2012.CommentsClose CommentsPermalink

ATOMIC ENERGYENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

National Nuclear Security Administrationweapons activitiesFor an additional amount for weapons activities, $1,000,000,000, to remain available until September 30, 2010.Environmental and Other Defense Activitiesdefense environmental cDefense Environmental Cleanup

For an additional amount for ‘Defense Environmental Cleanup’, $5,527,000,000, to remain available until September 30, 201,’ $5,127,000,000.CommentsClose CommentsPermalink

Construction, Rehabilitation, Operation, and Maintenance, Western Area Power Administration

For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, $10,000,000, to remain available until expended: Provided, That the Administrator shall establish such personnel staffing levels as he deems necessary to economically and efficiently complete the activities pursued under the authority granted by section 402 of this Act: Provided further, That this appropriation is non-reimbursable.CommentsClose CommentsPermalink

GENERAL PROVISIONS--THIS TITLE

Sec. 401. Bonneville Power Administration Borrowing Authority. For the purposes of providing funds to assist in financing the construction, acquisition, and replacement of the transmission system of the Bonneville Power Administration and to implement the authority of the Administrator of the Bonneville Power Administration under the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 et seq.), an additional $3,250,000,000 in borrowing authority is made available under the Federal Columbia River Transmission System Act (16 U.S.C. 838 et seq.), to remain outstanding at any time.CommentsClose CommentsPermalink





Sec. 402. Western Area Power Administration Borrowing Authority. The Hoover Power Plant Act of 1984 (Public Law 98-381) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE III--BORROWING AUTHORITYCommentsClose CommentsPermalink

‘SEC. 301. WESTERN AREA POWER ADMINISTRATION BORROWING AUTHORITY.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Western Area Power Administration.CommentsClose CommentsPermalink





‘(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Treasury.CommentsClose CommentsPermalink





‘(b) Authority-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of law, subject to paragraphs (2) through (5)--CommentsClose CommentsPermalink





‘(A) the Western Area Power Administration may borrow funds from the Treasury; andCommentsClose CommentsPermalink





‘(B) the Secretary shall, without further appropriation and without fiscal year limitation, loan to the Western Area Power Administration, on such terms as may be fixed by the Administrator and the Secretary, such sums (not to exceed, in the aggregate (including deferred interest), $3,250,000,000 in outstanding repayable balances at any one time) as, in the judgment of the Administrator, are from time to time required for the purpose of--CommentsClose CommentsPermalink





‘(i) constructing, financing, facilitating, planning, operating, maintaining, or studying construction of new or upgraded electric power transmission lines and related facilities with at least one terminus within the area served by the Western Area Power Administration; andCommentsClose CommentsPermalink





‘(ii) delivering or facilitating the delivery of power generated by renewable energy resources constructed or reasonably expected to be constructed after the date of enactment of this section.CommentsClose CommentsPermalink





‘(2) INTEREST- The rate of interest to be charged in connection with any loan made pursuant to this subsection shall be fixed by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date of the loan.CommentsClose CommentsPermalink





‘(3) REFINANCING- The Western Area Power Administration may refinance loans taken pursuant to this section within the Treasury.CommentsClose CommentsPermalink





‘(4) PARTICIPATION- The Administrator may permit other entities to participate in the financing, construction and ownership projects financed under this section.CommentsClose CommentsPermalink





‘(5) CONGRESSIONAL REVIEW OF DISBURSEMENT- Effective upon the date of enactment of this section, the Administrator shall have the authority to have utilized $1,750,000,000 at any one time. If the Administrator seeks to borrow funds above $1,750,000,000, the funds will be disbursed unless there is enacted, within 90 calendar days of the first such request, a joint resolution that rescinds the remainder of the balance of the borrowing authority provided in this section.CommentsClose CommentsPermalink





‘(c) Transmission Line and Related Facility Projects-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For repayment purposes, each transmission line and related facility project in which the Western Area Power Administration participates pursuant to this section shall be treated as separate and distinct from--CommentsClose CommentsPermalink





‘(A) each other such project; andCommentsClose CommentsPermalink





‘(B) all other Western Area Power Administration power and transmission facilities.CommentsClose CommentsPermalink





‘(2) PROCEEDS- The Western Area Power Administration shall apply the proceeds from the use of the transmission capacity from an individual project under this section to the repayment of the principal and interest of the loan from the Treasury attributable to that project, after reserving such funds as the Western Area Power Administration determines are necessary--CommentsClose CommentsPermalink





‘(A) to pay for any ancillary services that are provided; andCommentsClose CommentsPermalink





‘(B) to meet the costs of operating and maintaining the new project from which the revenues are derived.CommentsClose CommentsPermalink





‘(3) SOURCE OF REVENUE- Revenue from the use of projects under this section shall be the only source of revenue for--CommentsClose CommentsPermalink





‘(A) repayment of the associated loan for the project; andCommentsClose CommentsPermalink





‘(B) payment of expenses for ancillary services and operation and maintenance.CommentsClose CommentsPermalink





‘(4) LIMITATION ON AUTHORITY- Nothing in this section confers on the Administrator any additional authority or obligation to provide ancillary services to users of transmission facilities developed under this section.CommentsClose CommentsPermalink





‘(5) TREATMENT OF CERTAIN REVENUES- Revenue from ancillary services provided by existing Federal power systems to users of transmission projects funded pursuant to this section shall be treated as revenue to the existing power system that provided the ancillary services.CommentsClose CommentsPermalink





‘(d) Certification-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For each project in which the Western Area Power Administration participates pursuant to this section, the Administrator shall certify, prior to committing funds for any such project, that--CommentsClose CommentsPermalink





‘(A) the project is in the public interest;CommentsClose CommentsPermalink





‘(B) the project will not adversely impact system reliability or operations, or other statutory obligations; andCommentsClose CommentsPermalink





‘(C) it is reasonable to expect that the proceeds from the project shall be adequate to make repayment of the loan.CommentsClose CommentsPermalink





‘(2) FORGIVENESS OF BALANCES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If, at the end of the useful life of a project, there is a remaining balance owed to the Treasury under this section, the balance shall be forgiven.CommentsClose CommentsPermalink





‘(B) UNCONSTRUCTED PROJECTS- Funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven.CommentsClose CommentsPermalink





‘(C) NOTIFICATION- The Administrator shall notify the Secretary of such amounts as are to be forgiven under this paragraph.CommentsClose CommentsPermalink





‘(e) Public Processes-CommentsClose CommentsPermalink





‘(1) POLICIES AND PRACTICES- Prior to requesting any loans under this section, the Administrator shall use a public process to develop practices and policies that implement the authority granted by this section.CommentsClose CommentsPermalink





‘(2) REQUESTS FOR INTEREST- In the course of selecting potential projects to be funded under this section, the Administrator shall seek Requests For Interest from entities interested in identifying potential projects through one or more notices published in the Federal Register.’CommentsClose CommentsPermalink





SecEC. 403. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT. Up to 0.5 percent of each amount appropriated in this title may be used for the expenses of management and oversight of the programs, grants, and activities funded by such appropriation, and may be transferred by the head of the Federal department or agency involved to any other appropriate account within the department or agency for that purpose: Provided, That the Secretary will provide a report to the Committees on Appropriations of the House of Representatives and the Senate 30 days prior to the transfer: Provided further, That funds set aside under this section shall remain available for obligation until September 30, 2012.CommentsClose CommentsPermalink





SEC. 404. Technical Corrections to the Energy Independence and Security Act of 2007. (a) Section 543(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153(a)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; andCommentsClose CommentsPermalink





(2) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) 34 percent to eligible units of local government--alternative 1, in accordance with subsection (b);CommentsClose CommentsPermalink





‘(2) 34 percent to eligible units of local government--alternative 2, in accordance with subsection (b);’.CommentsClose CommentsPermalink





(b) Section 543(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153(b)) is amended by striking ‘subsection (a)(1)’ and inserting ‘subsection (a)(1) or (2)’.CommentsClose CommentsPermalink





(c) Section 548(a)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17158(a)(1)) is amending by striking ‘; provided’ and all that follows through ‘541(3)(B)’.CommentsClose CommentsPermalink





SEC. 405. Amendments to Title XIII of the Energy Independence and Security Act of 2007. Title XIII of the Energy Independence and Security Act of 2007 (1542 U.S.C. 17381 and following) is amended as follows:CommentsClose CommentsPermalink





(1) By amending subparagraph (A) of section 1304(b)(3) to read as follows:CommentsClose CommentsPermalink





‘(A) IN GENERAL- In carrying out the initiative, the Secretary shall provide financial support to smart grid demonstration projects including those in rural areas and/or areas where the majority of generation and transmission urban, suburban, tribal, and rural areas, including areas where electric system assets are controlled by a tax-exempt entitynonprofit entities and areas where electric system assets are controlled by investor-owned utilities.’.CommentsClose CommentsPermalink





(2) By amending subparagraph (C) of section 1304(b)(3) to read as follows:CommentsClose CommentsPermalink





‘(C) FEDERAL SHARE OF COST OF TECHNOLOGY INVESTMENTS- The Secretary shall provide to an electric utility described in subparagraph (B) or to other parties financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility or other party to carry out a demonstration project.’.CommentsClose CommentsPermalink





(3) By inserting a new subparagraph (E) after 1304(b)(3)(D) as followfter section 1304(b)(3)(D) the following new subparagraphs:CommentsClose CommentsPermalink





‘(E) AVAILABILITY OF DATA- The Secretary shall establish and maintain a smart grid information clearinghouse in a timely manner which will make data from smart grid demonstration projects and other sources available to the public. As a condition of receiving financial assistance under this subsection, a utility or other participant in a smart grid demonstration project shall provide such information as the Secretary may require to become available through the smart grid information clearinghouse in the form and within the timeframes as directed by the Secretary. The Secretary shall assure that business proprietary information and individual customer information is not included in the information made available through the clearinghouse.CommentsClose CommentsPermalink





‘(F) OPEN PROTOCOLS AND STANDARDS- The Secretary shall require as a condition of receiving funding under this subsection that demonstration projects utilize open protocols and standards (including Internet-based protocols and standards) if available and appropriate.’.CommentsClose CommentsPermalink





(4) By amending paragraph (2) of section 1304(c) to read as follows:CommentsClose CommentsPermalink





‘(2) to carry out subsection (b), such sums as may be necessary.’.CommentsClose CommentsPermalink





(5) By amending subsection (a) of section 1306 by striking ‘reimbursement of one-fifth (20 percent)’ and inserting ‘grants of up to one-half (50 percent)’.CommentsClose CommentsPermalink





(6) By striking the last sentence of subsection (b)(9) of section 1306.CommentsClose CommentsPermalink





(7) By striking ‘are eligible for’ in subsection (c)(1) of section 1306 and inserting ‘utilize’.CommentsClose CommentsPermalink





(8) By amending subsection (e) of section 1306 to read as follows:CommentsClose CommentsPermalink





‘(e) The Secretary shall--‘(1) establish within 60 days after the enactment Procedures and Rules- (1) The Secretary shall, within 60 days after the enactment of the American Recovery and Reinvestment Act of 2009, by means of a notice of intent and subsequent solicitation of grant proposals--CommentsClose CommentsPermalink





‘(A) establish procedures by which applicants can obtain grants of not more than one-half of their documented costs;CommentsClose CommentsPermalink





‘(2B) require as a condition of receiving funding under this subsection that demonstration projects utilize open protocols and standards (including Internet-based protocols and standards) if available and appropriate;CommentsClose CommentsPermalink





‘(C) establish procedures to ensure that there is no duplication or multiple payment for the same investment or costs, that the grant goes to the party making the actual expenditures for Qthe qualifying Smart Grid Investments, and that the grants made haveinvestments, and that the grants made have a significant effect in encouraging and facilitating the development of a smart grid;CommentsClose CommentsPermalink





‘(3) maintainD) establish procedures to ensure there will be public records of grants made, recipients, and qualifying Smart Grid investments which have received grants;‘(4 andCommentsClose CommentsPermalink





‘(E) establish procedures to provide advance payment of moneys up to the full amount of the grant award; and‘(5) have and exercise the discretion.CommentsClose CommentsPermalink





‘(2) The Secretary shall have discretion and exercise reasonable judgment to deny grants for investments that do not qualify in the reasonable judgment of the Secretary.’.CommentsClose CommentsPermalink





Sec. 404. Temporary Stimulus Loan Guarantee Program. 6. RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION LOAN GUARANTEE PROGRAM. (a) Amendment- Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding the following at the end:CommentsClose CommentsPermalink

‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION PROJECTS.

‘(a) In General- Notwithstanding section 1703, the Secretary may make guarantees under this section only for commercial technology projects under subsection (b) that will reach financial close not later than September 30, 2012.‘(b) Categories- Projects from only the following categories shall be eligible for support under this section:‘(1) the following categories of projects that commence construction not later than September 30, 2011:CommentsClose CommentsPermalink





‘(1) Renewable energy systems, including incremental hydropower, that generate electricity or thermal energy, and facilities that manufacture related components.CommentsClose CommentsPermalink





‘(2) Electric power transmission systems, including upgrading and reconductoring projects.CommentsClose CommentsPermalink





‘(3) Leading edge biofuel projects that will use technologies performing at the pilot or demonstration scale that the Secretary determines are likely to become commercial technologies and will produce transportation fuels that substantially reduce life-cycle greenhouse gas emissions compared to other transportation fuels.CommentsClose CommentsPermalink





‘(b) Factors Relating to Electric Power Transmission Systems- In determining to make guarantees to projects described in subsection (a)(2), the Secretary may consider the following factors:CommentsClose CommentsPermalink





‘(1) The viability of the project without guarantees.CommentsClose CommentsPermalink





‘(2) The availability of other Federal and State incentives.CommentsClose CommentsPermalink





‘(3) The importance of the project in meeting reliability needs.CommentsClose CommentsPermalink





‘(4) The effect of the project in meeting a State or region’s environment (including climate change) and energy goals.CommentsClose CommentsPermalink





‘(c) Authorization Limit- There are authorized to be appropriated $10,000,000,000 to the Secretary for fiscal years 2009 through 2012 to provide the cost of guarantees made under section.‘(d)Wage Rate Requirements- The Secretary shall require that each recipient of support under this section provide reasonable assurance that all laborers and mechanics employed in the performance of the project for which the assistance is provided, including those employed by contractors or subcontractors, will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ‘Davis-Bacon Act’).CommentsClose CommentsPermalink





‘(d) Limitation- Funding under this section for projects described in subsection (a)(3) shall not exceed $500,000,000.CommentsClose CommentsPermalink





‘(e) Sunset- The authority to enter into guarantees under this section shall expire on September 30, 20121.’.CommentsClose CommentsPermalink





(b) Table of Contents Amendment- The table of contents for the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1704 the following new item:CommentsClose CommentsPermalink





‘Sec. 1705. Temporary program for rapid deployment of renewable energy and electric power transmission projects.’.CommentsClose CommentsPermalink





Sec. 405. Weatherization Program AmendmentsEC. 407. WEATHERIZATION ASSISTANCE PROGRAM AMENDMENTS. (a) Income Level- Section 412(7) of the Energy Conservation and Production Act (42 U.S.C. 6862(7)) is amended by striking ‘150 percent’ both places it appears and inserting ‘200 percent’.CommentsClose CommentsPermalink





(b) Assistance Level Per Dwelling Unit- Section 415(c)(1) of the Energy Conservation and Production Act (42 U.S.C. 6865(c)(1)) is amended by striking ‘$2,500’ and inserting ‘$5,000’.(c) 6,500’.CommentsClose CommentsPermalink





(c) Effective Use of Funds- In providing funds made available by this Act for the Weatherization Assistance Program, the Secretary may encourage States to give priority to using such funds for the most cost-effective efficiency activities, which may include insulation of attics, if, in the Secretary’s view, such use of funds would increase the effectiveness of the program.CommentsClose CommentsPermalink





(d) Training and Technical Assistance- Section 416 of the Energy Conservation and Production Act (42 U.S.C. 6866) is amended by striking ‘10 percent’ and inserting ‘up to 20 percent’.CommentsClose CommentsPermalink





(e) Assistance for Previously Weatherized Dwelling Units- Section 415(c)(2) of the Energy Conservation and Production Act (42 U.S.C. 6865(c)(2)) is amended by striking ‘September 30, 1979’ and inserting ‘September 30, 1994’.CommentsClose CommentsPermalink





Sec. 406. 8. Technical Corrections to Public Utility Regulatory Policies Act of 1978. (a) Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by redesignating paragraph (16) relating to consideration of smart grid investments (added by section 1307(a) of Public Law 110-140) as paragraph (18) and by redesignating paragraph (17) relating to smart grid information (added by section 1308(a) of Public Law 110-140) as paragraph (19).CommentsClose CommentsPermalink





(b) Subsections (b) and (d) of section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) are each amended by striking ‘(17) through (18)’ in each place it appears and inserting ‘(16) through (19)’.CommentsClose CommentsPermalink





SEC. 409. RENEWABLE ELECTRICITY TRANSMISSION STUDY. In completing the 2009 National Electric Transmission Congestion Study, the Secretary of Energy shall include--