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

Most commented sections:

• Paragraph 232 (5 comments)
• Paragraph 5,992 (2 comments)
• Paragraph 863 (2 comments)

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 following

AMENDMENT:

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 ASSISTANCE

TITLE IV--HEALTH INFORMATION TECHNOLOGY

PREMIUM 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 activities

For 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 account

For 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 expenses

For 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 assistance

For 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 administration

For 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 expenses

For an additional amount for ‘Salaries and Expenses’, $50,000,000, to remain available until September 30, 2010.

construction

For an additional amount for ‘Construction’, $100,000,000, to remain available until September 30, 2010.

Federal Bureau of Investigationsalaries and expenses

For an additional amount for ‘Salaries and Expenses’, $75,000,000, to remain available until September 30, 2010.

construction

For 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 activities

For 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--CommentsClose CommentsPermalink





(1) an analysis of the significant potential sources of renewable energy that are constrained in accessing appropriate market areas by lack of adequate transmission capacity;CommentsClose CommentsPermalink





(2) an analysis of the reasons for failure to develop the adequate transmission capacity;CommentsClose CommentsPermalink





(3) recommendations for achieving adequate transmission capacity;CommentsClose CommentsPermalink





(4) an analysis of the extent to which legal challenges filed at the State and Federal level are delaying the construction of transmission necessary to access renewable energy; andCommentsClose CommentsPermalink





(5) an explanation of assumptions and projections made in the Study, including--CommentsClose CommentsPermalink





(A) assumptions and projections relating to energy efficiency improvements in each load center;CommentsClose CommentsPermalink





(B) assumptions and projections regarding the location and type of projected new generation capacity; andCommentsClose CommentsPermalink





(C) assumptions and projections regarding projected deployment of distributed generation infrastructure.CommentsClose CommentsPermalink





SEC. 410. ADDITIONAL STATE ENERGY GRANTS. (a) In General- Amounts appropriated under the heading ‘Department of Energy--Energy Programs--Energy Efficiency and Renewable Energy’ in this title shall be available to the Secretary of Energy for making additional grants under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). The Secretary shall make grants under this section in excess of the base allocation established for a State under regulations issued pursuant to the authorization provided in section 365(f) of such Act only if the governor of the recipient State notifies the Secretary of Energy in writing that the governor has obtained necessary assurances that each of the following will occur:CommentsClose CommentsPermalink





(1) The applicable State regulatory authority will seek to implement, in appropriate proceedings for each electric and gas utility, with respect to which the State regulatory authority has ratemaking authority, a general policy that ensures that utility financial incentives are aligned with helping their customers use energy more efficiently and that provide timely cost recovery and a timely earnings opportunity for utilities associated with cost-effective measurable and verifiable efficiency savings, in a way that sustains or enhances utility customers’ incentives to use energy more efficiently.CommentsClose CommentsPermalink





(2) The State, or the applicable units of local government that have authority to adopt building codes, will implement the following:CommentsClose CommentsPermalink





(A) A building energy code (or codes) for residential buildings that meets or exceeds the most recently published International Energy Conservation Code, or achieves equivalent or greater energy savings.CommentsClose CommentsPermalink





(B) A building energy code (or codes) for commercial buildings throughout the State that meets or exceeds the ANSI/ASHRAE/IESNA Standard 90.1-2007, or achieves equivalent or greater energy savings.CommentsClose CommentsPermalink





(C) A plan for the jurisdiction achieving compliance with the building energy code or codes described in subparagraphs (A) and (B) within 8 years of the date of enactment of this Act in at least 90 percent of new and renovated residential and commercial building space. Such plan shall include active training and enforcement programs and measurement of the rate of compliance each year.CommentsClose CommentsPermalink





(3) The State will to the extent practicable prioritize the grants toward funding energy efficiency and renewable energy programs, including--CommentsClose CommentsPermalink





(A) the expansion of existing energy efficiency programs approved by the State or the appropriate regulatory authority, including energy efficiency retrofits of buildings and industrial facilities, that are funded--CommentsClose CommentsPermalink





(i) by the State; orCommentsClose CommentsPermalink





(ii) through rates under the oversight of the applicable regulatory authority, to the extent applicable;CommentsClose CommentsPermalink





(B) the expansion of existing programs, approved by the State or the appropriate regulatory authority, to support renewable energy projects and deployment activities, including programs operated by entities which have the authority and capability to manage and distribute grants, loans, performance incentives, and other forms of financial assistance; andCommentsClose CommentsPermalink





(C) cooperation and joint activities between States to advance more efficient and effective use of this funding to support the priorities described in this paragraph.CommentsClose CommentsPermalink





(b) State Match- The State cost share requirement under the item relating to ‘Department of Energy; Energy Conservation’ in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 (42 U.S.C. 6323a; 98 Stat. 1861) shall not apply to assistance provided under this section.CommentsClose CommentsPermalink





(c) Equipment and Materials for Energy Efficiency Measures and Renewable Energy Measures- No limitation on the percentage of funding that may be used for the purchase and installation of equipment and materials for energy efficiency measures and renewable energy measures under grants provided under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) shall apply to assistance provided under this section.CommentsClose CommentsPermalink

TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

DEPARTMENT OF THE TREASURY

Community Development Treasury Inspector General for Tax Administration

Community Development Financial Institutions Fund Program Account

For an additional amount for ‘Community Development Financial Institutions Fund Program Account’, $25100,000,000, to remain available until September 30, 2010, for qualified applicants under the fiscal year 2008 and 2009 funding rounds9 funding round of the Community Development Financial Institutions Program, of which up to $20,000,000 may be for financial assistance, technical assistance, training and outreach programs, including up to $5,000 for subsistence expenses,8,000,000 may be for financial assistance, technical assistance, training and outreach programs designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers and up to $52,000,000 may be used for administrative expenses:Provided, That for purposes of the fiscal year 2008 and 2009 funding rounds Provided, That for the purpose of the fiscal year 2009 funding round, the following statutory provisions are hereby waived: 12 U.S.C. 4707(e) and 12 U.S.C. 4707(d): Provided further, That no awardee, together with its subsidiaries and affiliates, may be awarded more than 15 percent of the aggregate funds available during each of fiscal years 2008 and5 percent of the aggregate funds available during fiscal year 2009 from the Community Development Financial Institutions Program: Provided further, That no later than 60 days after the date of enactment of this Act, the Department of the Treasury shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink

DISTRICT OF COLUMBIAFederal Paymentsfederal payment to the district of columbia water and sewer authorityFor a Federal payment to the District of Columbia Water and Sewer Authority, $125,000,000, to remain available until September 30, 2010, to continue implementation of the Combined Sewer Overflow Long-Term Control Plan:Provided, That the District of Columbia Water and Sewer Authority provide a 100 percent match for this payment: Provided further, That no later than 60 days after the date of enactment of this Act, the District of Columbia Water and Sewer Authority shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such expenditure plan shall include a description of each specific project, how specific projects will further the objectives of the Long-Term Control Plan, and all funding sources for each project Internal Revenue Service

For an additional amount to implement the health insurance tax credit under the TAA Health Coverage Improvement Act of 2009, $80,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink

GENERAL SERVICES ADMINISTRATION

Real Property Activities

federal buildings fundlimitations on availability of revenue(including transfer of funds FEDERAL BUILDINGS FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount to be deposited in the Federal Buildings Fund, $5,54850,000,000, to carry out the purposes of the Fund, of which not less than $1,40750,000,000 shall be available for Federal buildings and United States courthouses, not less than $1,2300,000,000 shall be available for border stations, and not less than $2,500,000,000 shall be available for measures necessary to and land ports of entry, and not less than $4,500,000,000 shall be available for measures necessary to convert GSA facilities to High-Performance Green Buildings, as defined in section 401 of Public Law 110-140: Provided, That not to exceed $108,000,000 of the amounts provided under this heading may be expended for rental of space, related to leasing of temporary space in connection with projects funded under this heading: Provided further, That not to exceed $127,000,000 of the amounts provided under this heading may be expended for building operations, for the administrative costs of completing projects funded under this heading: Provided further, That not to exceed $3,000,000 of the funds provided shall be for on-the-job pre-apprenticeship and apprenticeship training programs registered with the Department of Labor, for the construction, repair, and alteration of Federal buildings: Provided further, That not less than $5,000,000,000 of the funds provided under this heading shall be obligated by September 30, 2010: Provided further, That the Administrator of General Services is authorized to , and the remainder of the funds provided under this heading shall be obligated not later than September 30, 2011: Provided further, That the Administrator of General Services is authorized to initiate design, construction, repair, alteration, and other projects through existing authorities of the Administrator: Provided further, That the General Services Administration shall submit a detailed plan, by project, regarding the use of funds made available in this Act to the Committees on Appropriations of the House of Representatives and the Senate within 60 days of enactment of this Act: Provided further, That of the amounts provided for converting GSA facilities to High-Performance Green Buildings45 days of enactment of this Act, and shall provide notification to the Committees within 15 days prior to any changes regarding the use of these funds: Provided further, That, hereafter, the Administrator shall report to the Committees on the obligation of these funds on a quarterly basis beginning on June 30, 2009: Provided further, That of the amounts provided, $4,000,000 shall be transferred to and merged with ‘Government-Wide Policy’, for carrying out the provisions of section 436 of the Energy Independence and Security Act of 2007 (Public Law 110-140), establishing anthe Office of Federal High-Performance Green Buildings, to remain available until September 30, 2010: Provided further, That within the overall amount to be deposited into the Fund, $448,000,000 shall remain available until September 30, 2011, for the development and construction of the headquarters for the Department of Homeland Security, except that none of the preceding provisos shall apply to amounts made available under this proviso as authorized in the Energy Independence and Security Act of 2007 (Public Law 110-140): Provided further, That amounts provided under this heading that are savings or cannot be used for the activity for which originally obligated may be deobligated and, notwithstanding any other provision of law, reobligated for the purposes identified in the plan required under this heading not less than 15 days after notification has been provided to the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink

Energy-Efficient Federal Motor Vehicle Fleet Procurement

For capital expenditures and necessary expenses of acquiring motor vehicles with higher fuel economy, including: hybrid vehicles; neighborhood electric vehicles; electric vehicles; and commercially-available, plug-in hybrid vehicles, $300,000,000, to remain available until September 30, 2011: Provided, That none of these funds may be obligated until the Administrator of General Services submits to the Committees on Appropriations of the House of Representatives and the Senate, within 90 days after enactment of this Act, a plan for expenditure of the funds that details the current inventory of the Federal fleet owned by the General Services Administration, as well as other Federal agencies, and the strategy to expend these funds to replace a portion of the Federal fleet with the goal of substantially increasing energy efficiency over the current status, including increasing fuel efficiency and reducing emissions: Provided further, That, hereafter, the Administrator shall report to the Committees on the obligation of these funds on a quarterly basis beginning on September 30, 2009.CommentsClose CommentsPermalink

Office of Inspector General

For an additional amount for the Office of the Inspector General, to remain available until September 30, 2011, $2,000,000 and an additional $5,000,000 for such purposes, to remain available until September 30, 20123, for oversight and audit of programs, grants, and projects funded under this title, $7,000,000.CommentsClose CommentsPermalink

RECOVERY ACT ACCOUNTABILITY AND TRANSPARENCY BOARD

For necessary expenses of the Recovery Act Accountability and Transparency Board to carry out the provisions of title XV of this Act, $7,000,000, to remain available until September 30, 201084,000,000, to remain available until September 30, 2011.CommentsClose CommentsPermalink

SMALL BUSINESS ADMINISTRATION

Salaries and Expenses

For an additional amount, to remain available until September 30, 2010, $8469,000,000, of which $24,000,000 is for marketing, management, and technical assistance under section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the microloan program, of which $15,000,000 is for lender oversight activities as authorized in section 501(c) of this title, and of whichand of which $20,000,000 is for improving, streamlining, and automating information technology systems related to lender processes and lender oversight: Provided, That no later than 60 days after the date of enactment of this Act, the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under the heading ‘Small Business Administration’ in this Act.CommentsClose CommentsPermalink

Office of Inspector General

For an additional amount for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $10,000,000, to remain available until September 30, 20113, for oversight and audit of programs, grants, and projects funded under this title.CommentsClose CommentsPermalink

Surety Bond Guarantees Revolving Fund

For additional capital for the Surety Bond Guarantees Revolving Fund, authorized by the Small Business Investment Act of 1958, $15,000,000, to remain available until expended.CommentsClose CommentsPermalink

Business Loans Program Account

For an additional amount for the cost of direct loans, $6,000,000, to remain available until September 30, 2010, and for an additional amount for the cost of guaranteed loans, $61530,000,000, to remain available until September 30, 2010: Provided, That of the amount for the cost of guaranteed loans, $515,000,000 shall be for375,000,000 shall be for reimbursements, loan subsidies and loan modifications for loans to small business concerns authorized in section 501(a) of this title; and $100255,000,000 shall be for loan subsidies and loan modifications for loans to small business concerns authorized in section 501(b)6 of this title: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.CommentsClose CommentsPermalink

Administrative Provisions--Small Business Administration

Sec. 501. Economic Stimulus for Small Business Concerns. (a) Temporary Fee Elimination for the 7(a) Loan ProgramEC. 501. FEE REDUCTIONS. (a) ADMINISTRATIVE PROVISIONS SMALL BUSINESS ADMINISTRATION- Until September 30, 2010, and to the extent that the cost of such elimination or reduction of fees is offset by appropriations, with respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and section 502 of this title, for which the application is approved on or after the date of enactment of this Act, the Administrator shall--CommentsClose CommentsPermalink





(1) in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to the maximum extent possible; andCommentsClose CommentsPermalink





(2) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to the maximum extent possible.CommentsClose CommentsPermalink





(b) Temporary Fee Elimination for the 504 Loan Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Until September 30, 2010, and to the extent the cost of such elimination in fees is offset by appropriations, with respect to each project or loan guaranteed by the Administrator underpursuant to title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) for which an application is approved or pending approval on or after the date of enactment of this Act--CommentsClose CommentsPermalink





(A) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no fee;CommentsClose CommentsPermalink





(B) a development company shall, in lieu of the processing fee under section 120.971(a)(1) of title 13, Code of Federal Regulations (relating to fees paid by borrowers), or any successor thereto, collect no fee.CommentsClose CommentsPermalink





(2) REIMBURSEMENT FOR WAIVED FEES-CommentsClose CommentsPermalink





(A) IN GENERAL- To the extent that the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a processing fee pursuant to paragraph (1)(B).CommentsClose CommentsPermalink





(B) AMOUNT- The payment to a development company under subparagraph (A) shall be in an amount equal to 1.5 percent of the net debenture proceeds for which the development company does not collect a processing fee pursuant to paragraph (1)(B).CommentsClose CommentsPermalink





(c) Temporary Fee Elimination of Lender Oversight Fees- Until September 30, 2010, and to the extent the cost of such elimination in fees is offset by appropriations, the Administrator shall, in lieu of the fee otherwise applicable under section 5(b)(14) of the Small Business Act (15 U.S.C. 634(b)(14)), collect no fee.(d) Application of Fee Eliminations- The Administrator shall APPLICATION OF FEE ELIMINATIONS-CommentsClose CommentsPermalink





(1) To the extent that amounts are made available to the Administrator for the purpose of fee eliminations or reductions under subsection (a), the Administrator shall--CommentsClose CommentsPermalink





(A) first use any amounts provided to eliminate or reduce fees paid by small business borrowers under clauses (i) through (iii) of paragraph (18)(A), to the maximum extent possible; andCommentsClose CommentsPermalink





(B) then use any amounts provided to eliminate or reduce fees under paragraph (23)(A) paid by small business lenders with assets less than $1,000,000,000 as of the date of enactment; andCommentsClose CommentsPermalink





(C) then use any remaining amounts appropriated under this title to reduce fees paid by small business lenders other than those with assets less than $1,000,000,000.CommentsClose CommentsPermalink





(2) The Administrator shall eliminate fees under subsections (a), (b), and (c and (b) until the amount provided for such purposes, as applicable, under the headings ‘Salaries and Expenses’ and ‘Business Loans Program Account’ under the heading ‘Small Business Administration’ under this Act are expended.CommentsClose CommentsPermalink





SecEC. 502. Financial Assistance Program Improvements. (a)ECONOMIC STIMULUS LENDING PROGRAM FOR SMALL BUSINESSES. (a) PURPOSE- The purpose of this section is to permit the Small Business Administration to guarantee up to 90 percent of qualifying small business loans made by eligible lenders.CommentsClose CommentsPermalink





(b) DEFINITIONS- For purposes of this section:CommentsClose CommentsPermalink





(1) The term ‘Administrator’ means the Administrator of the Small Business Administration.CommentsClose CommentsPermalink





(2) The term ‘qualifying small business loan’ means any loan to a small business concern pursuant to section 7(a) Loan Maximum Amount- Section 7(a)(3)(A) of the Small Business Act of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ‘$1,500,000 (or if the gross loan amount would exceed $2,000,000)’ and inserting ‘$2,250,000 (or if the gross loan amount would exceed $3,000,000)’) or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 and following) except for such loans made under section 7(a)(31).CommentsClose CommentsPermalink





(3) The term ‘small business concern’ has the same meaning as provided by section 3 of the Small Business Act (15 U.S.C. 632).CommentsClose CommentsPermalink





(c) QUALIFIED BORROWERS-CommentsClose CommentsPermalink





(1) ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES- A loan guarantee may not be made under this section for a loan made to a concern if an individual who is an alien unlawfully present in the United States--CommentsClose CommentsPermalink





(A) has an ownership interest in that concern; orCommentsClose CommentsPermalink





(B) has an ownership interest in another concern that itself has an ownership interest in that concern.CommentsClose CommentsPermalink





(2) FIRMS IN VIOLATION OF IMMIGRATION LAWS- No loan guarantee may be made under this section for a loan to any entity found, based on a determination by the Secretary of Homeland Security or the Attorney General to have engaged in a pattern or practice of hiring, recruiting or referring for a fee, for employment in the United States an alien knowing the person is an unauthorized alien.CommentsClose CommentsPermalink





(d) CRIMINAL BACKGROUND CHECKS- Prior to the approval of any loan guarantee under this section, the Administrator may verify the applicant’s criminal background, or lack thereof, through the best available means, including, if possible, use of the National Crime Information Center computer system at the Federal Bureau of Investigation.CommentsClose CommentsPermalink





(e) APPLICATION OF OTHER LAW- Nothing in this section shall be construed to exempt any activity of the Administrator under this section from the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661 and following).CommentsClose CommentsPermalink





(f) SUNSET- Loan guarantees may not be issued under this section after the date 12 months after the date of enactment of this Act.CommentsClose CommentsPermalink





(g) SMALL BUSINESS ACT PROVISIONS- The provisions of the Small Business Act applicable to loan guarantees under section 7 of that Act and regulations promulgated thereunder as of the date of enactment of this Act shall apply to loan guarantees under this section except as otherwise provided in this section.CommentsClose CommentsPermalink





(h) AUTHORIZATION- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink





SEC. 503. ESTABLISHMENT OF SBA SECONDARY MARKET GUARANTEE AUTHORITY. (a) PURPOSE- The purpose of this section is to provide the Administrator with the authority to establish the SBA Secondary Market Guarantee Authority within the SBA to provide a Federal guarantee for pools of first lien 504 loans that are to be sold to third-party investors.CommentsClose CommentsPermalink





(b) Small Business Investment CompaniesDEFINITIONS- For purposes of this section:CommentsClose CommentsPermalink





(1) The term ‘Administrator’ means the Administrator of the Small Business Administration.CommentsClose CommentsPermalink





(2) The term ‘first lien position 504 loan’ means the first mortgage position, non-federally guaranteed loans made by private sector lenders made under title V of the Small Business Investment Act.CommentsClose CommentsPermalink





(c) ESTABLISHMENT OF AUTHORITY-CommentsClose CommentsPermalink





(1) ORGANIZATION-CommentsClose CommentsPermalink





(A) The Administrator shall establish a Secondary Market Guarantee Authority within the Small Business Administration.CommentsClose CommentsPermalink





(B) The Administrator shall appoint a Director of the Authority who shall report to the Administrator.CommentsClose CommentsPermalink





(C) The Administrator is authorized to hire such personnel as are necessary to operate the Authority and may contract such operations of the Authority as necessary to qualified third party companies or individuals.CommentsClose CommentsPermalink





(D) The Administrator is authorized to contract with private sector fiduciary and custom dial agents as necessary to operate the Authority.CommentsClose CommentsPermalink





(2) GUARANTEE PROCESS-CommentsClose CommentsPermalink





(A) The Administrator shall establish, by rule, a process in which private sector entities may apply to the Administration for a Federal guarantee on pools of first lien position 504 loans that are to be sold to third-party investors.CommentsClose CommentsPermalink





(B) The Administrator is authorized to contract with private sector fiduciary and custom dial agents as necessary to operate the Authority.CommentsClose CommentsPermalink





(3) RESPONSIBILITIES-CommentsClose CommentsPermalink





(A) The Administrator shall establish, by rule, a process in which private sector entities may apply to the SBA for a Federal guarantee on pools of first lien position 504 loans that are to be sold to third-party investors.CommentsClose CommentsPermalink





(B) The rule under this section shall provide for a process for the Administrator to consider and make decisions regarding whether to extend a Federal guarantee referred to in clause (i). Such rule shall also provide that:CommentsClose CommentsPermalink





(i) The seller of the pools purchasing a guarantee under this section retains not less than 5 percent of the dollar amount of the pools to be sold to third-party investors.CommentsClose CommentsPermalink





(ii) The Administrator shall charge fees, upfront or annual, at a specified percentage of the loan amount that is at such a rate that the cost of the program under the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661) shall be equal to zero.CommentsClose CommentsPermalink





(iii) The Administrator may guarantee not more than $3,000,000,000 of pools under this authority.CommentsClose CommentsPermalink





(C) The Administrator shall establish documents, legal covenants, and other required documentation to protect the interests of the United States.CommentsClose CommentsPermalink





(D) The Administrator shall establish a process to receive and disburse funds to entities under the authority established in this section.CommentsClose CommentsPermalink





(d) LIMITATIONS-CommentsClose CommentsPermalink





(1) The Administrator shall ensure that entities purchasing a guarantee under this section are using such guarantee for the purpose of selling 504 first lien position pools to third-party investors.CommentsClose CommentsPermalink





(2) If the Administrator finds that any such guarantee was used for a purpose other than that specified in paragraph (1), the Administrator shall--CommentsClose CommentsPermalink





(A) prohibit the purchaser of the guarantee or its affiliates (within the meaning of the regulations under 13 CFR 121.103) from using the authority of this section in the future; andCommentsClose CommentsPermalink





(B) take any other actions the Administrator, in consultation with the Attorney General of the United States deems appropriate.CommentsClose CommentsPermalink





(e) OVERSIGHT- The Administrator shall submit a report to Congress not later than the third business day of each month setting forth each of the following:CommentsClose CommentsPermalink





(1) The aggregate amount of guarantees extended under this section during the preceding month.CommentsClose CommentsPermalink





(2) The aggregate amount of guarantees outstanding.CommentsClose CommentsPermalink





(3) Defaults and payments on defaults made under this section.CommentsClose CommentsPermalink





(4) The identity of each purchaser of a guarantee found by the Administrator to have misused guarantees under this section.CommentsClose CommentsPermalink





(5) Any other information the Administrator deems necessary to fully inform Congress of undue risk to the United States associated with the issuance of guarantees under this section.CommentsClose CommentsPermalink





(f) DURATION OF PROGRAM- The authority of this section shall terminate on the date 2 years after the date of enactment of this section.CommentsClose CommentsPermalink





(g) FUNDING- Such sums as necessary are authorized to be appropriated to carry out the provisions of this section.CommentsClose CommentsPermalink





(h) BUDGET TREATMENT- Nothing in this section shall be construed to exempt any activity of the Administrator under this section from the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661 and following).CommentsClose CommentsPermalink





(i) EMERGENCY RULEMAKING AUTHORITY- The Administrator shall issue regulations under this section within 15 days after the date of enactment of this section. The notice requirements of section 553(b) of title 5, United States Code shall not apply to the promulgation of such regulations.CommentsClose CommentsPermalink





SEC. 504. STIMULUS FOR COMMUNITY DEVELOPMENT LENDING. (a) LOW INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM- Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(7) PERMISSIBLE DEBT REFINANCING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any financing approved under this title may include a limited amount of debt refinancing.CommentsClose CommentsPermalink





‘(B) EXPANSIONS- If the project involves expansion of a small business concern, any amount of existing indebtedness that does not exceed 50 percent of the project cost of the expansion may be refinanced and added to the expansion cost, if--CommentsClose CommentsPermalink





‘(i) the proceeds of the indebtedness were used to acquire land, including a building situated thereon, to construct a building thereon, or to purchase equipment;CommentsClose CommentsPermalink





‘(ii) the existing indebtedness is collateralized by fixed assets;CommentsClose CommentsPermalink





‘(iii) the existing indebtedness was incurred for the benefit of the small business concern;CommentsClose CommentsPermalink





‘(iv) the financing under this title will be used only for refinancing existing indebtedness or costs relating to the project financed under this title;CommentsClose CommentsPermalink





‘(v) the financing under this title will provide a substantial benefit to the borrower when prepayment penalties, financing fees, and other financing costs are accounted for;CommentsClose CommentsPermalink





‘(vi) the borrower has been current on all payments due on the existing debt for not less than 1 year preceding the date of refinancing; andCommentsClose CommentsPermalink





‘(vii) the financing under section 504 will provide better terms or rate of interest than the existing indebtedness at the time of refinancing.’.CommentsClose CommentsPermalink





(b) JOB CREATION GOALS- Section 501(e)(1) and section 501(e)(2) of the Small Business Investment Act (15 U.S.C. 695) are each amended by striking ‘$50,000’ and inserting ‘$65,000’.CommentsClose CommentsPermalink





SEC. 505. INCREASING SMALL BUSINESS INVESTMENT. (a) SIMPLIFIED MAXIMUM LEVERAGE- Section 303(b) of the Small Business LIMITS- Section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended--

(A) in paragraph (2), by striking subparagraphs (A), (B), and (C) and inserting the following:

as follows:CommentsClose CommentsPermalink




(1) By striking so much of paragraph (2) as precedes subparagraphs (C) and (D) and inserting the following:CommentsClose CommentsPermalink





‘(2) MAXIMUM LEVERAGE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The maximum amount of outstanding leverage made available to any 1one company licensed under section 301(c) may not exceed theof this Act may not exceed the lesser of--CommentsClose CommentsPermalink





‘(i) 300 percent of the private capital of the companysuch company’s private capital; orCommentsClose CommentsPermalink





‘(ii) $150,000,000.CommentsClose CommentsPermalink





‘(B) MULTIPLE LICENSES UNDER COMMON CONTROL- The maximum amount of outstanding leverage made available to 2two or more companies licensed under section 301(c) that are of this Act that are commonly controlled (as determined by the Administrator) and not under capital impairment may not exceed $225,000,000.

‘(C) INVESTMENTS IN LOW-INCOME GEOGRAPHIC AREAS-

‘(i) IN GENERAL-’;CommentsClose CommentsPermalink




(2) By amending paragraph (2)(C) by inserting ‘(i)’ before ‘In calculating’ and adding the following at the end thereof:CommentsClose CommentsPermalink





‘(ii) The maximum amount of outstanding leverage made available to--CommentsClose CommentsPermalink





‘(I) any 1 company described in clause (iii) may not exceed the lesser of--‘(aa) 300 percent of private capital of the company; or‘(bb), or $175,000,000; andCommentsClose CommentsPermalink





‘(II) 2 or more companies described in clause (ii) that are commonly controlledi) that are under common control (as determined by the Administrator) may not exceed $250,000,000.CommentsClose CommentsPermalink





‘(ii) APPLICABILITY-i) A company described in this clause is a company licensed under section 301(c) in the first fiscal year after the date of enactment of this clause or any fiscal year thereafter that certifies in writing that not less than 50 percent of the dollar amount of investments of that company shall be made in companies that are located in a low-income geographic area (as that term is defined in section 351).’; and

(B) by striking paragraph (4).

(2).CommentsClose CommentsPermalink




(3) By striking paragraph (4).CommentsClose CommentsPermalink





(b) SIMPLIFIED AGGREGATE INVESTMENT LIMITATIONS- Section 306(a) of the Small Business Investment Act of 1958 (15 U.S.C. 686(a)) is amended to read as follows:CommentsClose CommentsPermalink





‘(a) PERCENTAGE LIMITATION ON PRIVATE CAPITAL- If any small business investment company has obtained financing from the Administrator and such financing remains outstanding, the aggregate amount of securities acquired and for which commitments may be issued by such company under the provisions of this title for any single enterprise shall not, without the approval of the Administrator, exceed 10 percent of the sum of--CommentsClose CommentsPermalink





‘(1) the private capital of such company; andCommentsClose CommentsPermalink





‘(2) the total amount of leverage projected by the company in the company’s business plan that was approved by the Administrator at the time of the grant of the company’s license.’.CommentsClose CommentsPermalink





(c) INVESTMENTS IN SMALLER ENTERPRISES- Section 303(d) of the Small Business Investment Act of 1958 (15 U.S.C. 683(d)) is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Investments in Smaller EnterprisesNVESTMENTS IN SMALLER ENTERPRISES- The Administrator shall require each licensee, as a condition of approval of an application for leverage, to certify in writing that not less than 25 percent of the aggregate dollar amount of financings of that licensee shall be provided to smaller enterprises.’.CommentsClose CommentsPermalink





(3) MAXIMUM INVESTMENT IN A COMPANY- Section 306(a) of the Small Business Investment Act of 1958 SEC. 506. BUSINESS STABILIZATION PROGRAM. (a) IN GENERAL- Subject to the availability of appropriations, the Administrator of the Small Business Administration shall carry out a program to provide loans on a deferred basis to viable (as such term is determined pursuant to regulation by the Administrator of the Small Business Administration) small business concerns that have a qualifying small business loan and are experiencing immediate financial hardship. CommentsClose CommentsPermalink





(b) ELIGIBLE BORROWER- A small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 686(a)) is amended by striking ‘20 per centum’ and inserting ‘30 percent’32).CommentsClose CommentsPermalink





(c) Maximum 504 Loan Size- Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended--

(1) in clause (i), by striking ‘$1,500,000’ and inserting ‘$3,000,000’;

(2) in clause (ii), by striking ‘$2,000,000’ and inserting ‘$3,500,000’; and

(3) in clause (iii), by striking ‘$4,000,000’ and inserting ‘$5,500,000’.

Sec. 503. Low-Interest Refinancing. Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following:

‘(7) PERMISSIBLE DEBT FINANCING- A financing under this title may include refinancing of existing indebtedness, in an amount not to exceed 50 percent of the projected cost of the project financed under this title, if--

‘(A) the project financed under this title involves the expansion of a small business concern;

‘(B) the existing indebtedness is collateralized by fixed assets;

‘(C) the existing indebtedness was incurred for the benefit of the small business concern;

‘(D) the proceeds of the existing indebtedness were used to acquire land (including a building situated thereon), to construct or expand a building thereon, or to purchase equipment;

‘(E) the borrower has been current on all payments due on the existing indebtedness for not less than 1 year preceding the proposed date of refinancing;

‘(F) the financing under this title will provide better terms or a better rate of interest than exists on the existing indebtedness on the proposed date of refinancing;

‘(G) the financing under this title is not being used to refinance any debt guaranteed by the Government; and

‘(H) the financing under this title will be used only for--

‘(i) refinancing existing indebtedness; or

‘(ii) costs relating to the project financed under this title.’.

Sec. 504. Definitions. Under the heading ‘Small Business Administration’ in this title--

(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively;

(2) the term ‘development company’ has the meaning given the term ‘development companies’ in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); and

(3) the term ‘small business concern’ has the same meaning as in section 3QUALIFYING SMALL BUSINESS LOAN- A loan made to a small business concern that meets the eligibility standards in section 7(a) of the Small Business Act (15 U.S.C. 632)6(a)) but shall not include loans guarantees (or loan guarantee commitments made) by the Administrator prior to the date of enactment of this Act.CommentsClose CommentsPermalink




(d) LOAN SIZE- Loans guaranteed under this section may not exceed $35,000.CommentsClose CommentsPermalink





(e) PURPOSE- Loans guaranteed under this program shall be used to make periodic payment of principal and interest, either in full or in part, on an existing qualifying small business loan for a period of time not to exceed 6 months.CommentsClose CommentsPermalink





(f) LOAN TERMS- Loans made under this section shall:CommentsClose CommentsPermalink





(1) carry a 100 percent guaranty; andCommentsClose CommentsPermalink





(2) have interest fully subsidized for the period of repayment.CommentsClose CommentsPermalink





(g) REPAYMENT- Repayment for loans made under this section shall--CommentsClose CommentsPermalink





(1) be amortized over a period of time not to exceed 5 years; andCommentsClose CommentsPermalink





(2) not begin until 12 months after the final disbursement of funds is made.CommentsClose CommentsPermalink





(h) COLLATERAL- The Administrator of the Small Business Administration may accept any available collateral, including subordinated liens, to secure loans made under this section.CommentsClose CommentsPermalink





(i) FEES- The Administrator of the Small Business Administration is prohibited from charging any processing fees, origination fees, application fees, points, brokerage fees, bonus points, prepayment penalties, and other fees that could be charged to a loan applicant for loans under this section.CommentsClose CommentsPermalink





(j) SUNSET- The Administrator of the Small Business Administration shall not issue loan guarantees under this section after September 30, 2010.CommentsClose CommentsPermalink





(k) EMERGENCY RULEMAKING AUTHORITY- The Administrator of the Small Business Administration shall issue regulations under this section within 15 days after the date of enactment of this section. The notice requirements of section 553(b) of title 5, United States Code shall not apply to the promulgation of such regulations.CommentsClose CommentsPermalink

(a) REPORT- Not later than 60 days after the enactment of this Act, the Comptroller General of the United States shall report to the Congress on the actions of the Administrator in implementing the authorities established in the administrative provisions of this title.CommentsClose CommentsPermalink





(b) INCLUDED ITEM- The report under this section shall include a summary of the activity of the Administrator under this title and an analysis of whether he is accomplishing the purpose of increasing liquidity in the secondary market for Small Business Administration loans.CommentsClose CommentsPermalink

SEC. 5058. SURETY BONDS.

(a) Maximum Bond Amount- Section 411(a)(1) of the Small Business AXIMUM BOND AMOUNT- Section 411(a)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(A)’ after ‘(1)’;CommentsClose CommentsPermalink





(2) by striking ‘$2,000,000’ and inserting ‘$5,000,000’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) The Administrator may guarantee a surety under subparagraph (A) for a total work order or contract amount that does not exceed $10,000,000, if a contracting officer of a Federal agency certifies that such a guarantee is necessary.’.CommentsClose CommentsPermalink





(b) Size Standards- Section 410 of the Small Business Denial of Liability--CommentsClose CommentsPermalink





Section 411 of the Small Business Investment Act of 1958 (15 U.S.C. 694b) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink





‘(e) REIMBURSEMENT OF SURETY; CONDITIONS-CommentsClose CommentsPermalink





Pursuant to any such guarantee or agreement, the Administration shall reimburse the surety, as provided in subsection (c) of this section, except that the Administration shall be relieved of liability (in whole or in part within the discretion of the Administration) if--CommentsClose CommentsPermalink





(1) the surety obtained such guarantee or agreement, or applied for such reinbursement, by fraud or material misrepresentation,CommentsClose CommentsPermalink





(2) the total contract amount at the time of execution of the bond or bonds exceeds $5,000,000,CommentsClose CommentsPermalink





(3) the surety has breached a material term or condition of such guarantee agreement, orCommentsClose CommentsPermalink





(4) the surety has substantially violated the regulations promulgated by the Administration pursuant to subsection (d).’CommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(k) For bonds made or executed with the prior approval of the Administration, the Administration shall not deny liability to a surety based upon material information that was provided as part of the guaranty application.’.CommentsClose CommentsPermalink





(c) SIZE STANDARDS- Section 410 of the Small Business Investment Act of 1958 (15 U.S.C. 694a) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(9) Notwithstanding any other provision of law or any rule, regulation, or order of the Administration, for purposes of sections 410, 411, and 412 the term ‘small business concern’ means a business concern that meets the size standard for the primary industry in which such business concern, and the affiliates of such business concern, is engaged, as determined by the Administrator in accordance with the North American Industry Classification System.’.CommentsClose CommentsPermalink





(c) Sunsetd) STUDY--The Administrator of the Small Business Administration shall conduct a study of the current funding structure of the surety bond program carried out under part B (15 U.S.C. 694a et seq.) of title IV of the Small Business Investment Act of 1958. The study shall include--CommentsClose CommentsPermalink





(1) an assessment of whether the program’s current funding framework and program fees are inhibiting the program’s growth;CommentsClose CommentsPermalink





(2) an assessment of whether surety companies and small business concerns could benefit from an alternative funding structure; andCommentsClose CommentsPermalink





(e) REPORT--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study required under subsection (d).CommentsClose CommentsPermalink





(f) SUNSET- The amendments made by this section shall remain in effect until September 30, 2010.CommentsClose CommentsPermalink

(a) PURPOSE- The purpose of this section is to provide the Small Business Administration with the authority to establish a Secondary Market Lending Authority within the SBA to make loans to the systemically important SBA secondary market broker-dealers who operate the SBA secondary market.CommentsClose CommentsPermalink





(b) DEFINITIONS- For purposes of this section:CommentsClose CommentsPermalink





(1) The term ‘Administrator’ means the Administrator of the SBA.CommentsClose CommentsPermalink





(2) The term ‘SBA’ means the Small Business Administration.CommentsClose CommentsPermalink





(3) The terms ‘Secondary Market Lending Authority’ and ‘Authority’ mean the office establishedunder subsection (c).CommentsClose CommentsPermalink





(4) The term ‘SBA secondary market’ meansthe market for the purchase and sale of loans originated, underwritten, and closed under the Small Business Act.CommentsClose CommentsPermalink





(5) The term ‘Systemically Important Secondary Market Broker-Dealers’ mean those entities designated under subsection (c)(1) as vital to the continued operation of the SBA secondary market by reason of their purchase and sale of the government guaranteed portion of loans, or pools of loans,originated, underwritten, and closed under the Small Business Act.CommentsClose CommentsPermalink





(c) RESPONSIBILITIES, AUTHORITIES, ORGANIZATION, AND LIMITATIONS-CommentsClose CommentsPermalink





(1) DESIGNATION OF SYSTEMICALLY IMPORTANT SBA SECONDARY MARKET BROKER-DEALERS- The Administrator shall establish a process to designate, in consultation with the Board of Governors of the Federal Reserve and the Secretary of the Treasury, Systemically Important Secondary Market Broker-Dealers.CommentsClose CommentsPermalink





(2) ESTABLISHMENT OF SBA SECONDARY MARKET LENDING AUTHORITY-CommentsClose CommentsPermalink





(A) ORGANIZATION-CommentsClose CommentsPermalink





(i) The Administrator shall establish within the SBA an office to provide loans to Systemically Important Secondary Market Broker-dealers to be used for the purpose of financing the inventory of the government guaranteed portion of loans, originated, underwritten, and closed under the Small Business Act or pools of such loans.CommentsClose CommentsPermalink





(ii) The Administrator shall appoint a Director of the Authority who shall report to the Administrator.CommentsClose CommentsPermalink





(iii) The Administrator is authorized to hire such personnel as are necessary to operate the Authority.CommentsClose CommentsPermalink





(iv) The Administrator may contract such Authority operations as he determines necessary to qualified third-party companies or individuals.CommentsClose CommentsPermalink





(v) The Administrator is authorized to contract with private sector fiduciary and custodial agents as necessary to operate the Authority.CommentsClose CommentsPermalink





(B) LOANS-CommentsClose CommentsPermalink





(i) The Administrator shall establish by rule a process under which Systemically Important SBA Secondary Market Broker-Dealers designated under paragraph (1) may apply to the Administrator for loans under this section.CommentsClose CommentsPermalink





(ii) The rule under clause (i) shall provide a process for the Administrator to consider and make decisions regarding whether or not to extend a loan applied for under this section. Such rule shall include provisions to assure each of the following:CommentsClose CommentsPermalink





(I) That loans made under this section are for the sole purpose of financing the inventory of the govern ment guaranteed portion of loans, originated, underwritten, and closed under the Small Business Act or pools of such loans.CommentsClose CommentsPermalink





(II) That loans made under this section are fully collateralized to the satisfaction of the Administrator.CommentsClose CommentsPermalink





(III) That there is no limit to the frequency in which a borrower may borrow under this section unless the Administrator determines that doing so would create an undue risk of loss to the agency or the United States.CommentsClose CommentsPermalink





(IV) That there is no limit on the size of a loan, subject to the discretion of the Administrator.CommentsClose CommentsPermalink





(iii) Interest on loans under this section shall not exceed the Federal Funds target rate as established by the Federal Reserve Board of Governors plus 25 basis points.CommentsClose CommentsPermalink





(iv) The rule under this section shall provide for such loan documents, legal covenants, collateral requirements and other required documentation as necessary to protect the interests of the agency, the United States, and the taxpayer.CommentsClose CommentsPermalink





(v) The Administrator shall establish custodial accounts to safeguard any collateral pledged to the SBA in connection with a loan under this section.CommentsClose CommentsPermalink





(vi) The Administrator shall establish a process to disburse and receive funds to and from borrowers under this section.CommentsClose CommentsPermalink





(C) LIMITATIONS ON USE OF LOAN PROCEEDS BY SYSTEMICALLY IMPORTANT SECONDARY MARKET BROKER-DEALERS- The Administrator shall ensure that borrowers under this section are using funds provided under this section only for the purpose specified in subparagraph (B)(ii)(I). If the Administrator finds that such funds were used for any other purpose, the Administrator shall--CommentsClose CommentsPermalink





(i) require immediate repayment of outstanding loans;CommentsClose CommentsPermalink





(ii) prohibit the borrower, its affiliates, or any future corporate manifestation of the borrower from using the Authority; andCommentsClose CommentsPermalink





(iii) take any other actions the Administrator, in consultation with the Attorney General of the United States, deemsappropriate.CommentsClose CommentsPermalink





(d) REPORT TO CONGRESS- The Administrator shall submit a report to Congress not later than the third business day of each month containing a statement of each of the following:CommentsClose CommentsPermalink





(1) The aggregate loan amounts extended during the preceding month under this section.CommentsClose CommentsPermalink





(2) The aggregate loan amounts repaid under this section during the proceeding month.CommentsClose CommentsPermalink





(3) The aggregate loan amount outstanding under this section.CommentsClose CommentsPermalink





(4) The aggregate value of assets held as collateral under this section;CommentsClose CommentsPermalink





(5) The amount of any defaults or delinquencies on loans made under this section.CommentsClose CommentsPermalink





(6) The identity of any borrower found by the Administrator to misuse funds made available under this section.CommentsClose CommentsPermalink





(7) Any other information the Administrator deems necessary to fully inform Congress of undue risk of financial loss to the United States in connection with loans made under this section.CommentsClose CommentsPermalink





(e) DURATION- The authority of this section shall remain in effect for a period of 2 years after the date of enactment of this section.CommentsClose CommentsPermalink





(f) FEES- The Administrator shall charge fees, up front, annual, or both at a specified percentage of the loan amount that is at such a rate that the cost of the program under the Federal Credit Reform Act of 1990 ((title V of the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661) shall be equal to zero.CommentsClose CommentsPermalink





(h) BUDGET TREATMENT- Nothing in this section shall be construed to exempt any activity of the Administrator under this section from the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Im poundment Control Act of 1974; 2 U.S.C. 661 and following).CommentsClose CommentsPermalink





(i) EMERGENCY RULEMAKING AUTHORITY- The Administrator shall promulgate regulations under this section within 30 days after the date of enactment of enactment of this section. In promulgating these regulations,the Administrator the notice requirements of section 553(b) of title 5 of the United States Code shall not apply.CommentsClose CommentsPermalink

TITLE VI--DEPARTMENT OF HOMELAND SECURITYDEPARTMENT OF HOMELAND SECURITY

Office of the Under Secretary for Management

For an additional amount for the ‘Office of the Under Secretary for Management’, $198,000,000, to remain available until September 30, 2011, solely200,000,000 for planning, design, and construction costs, includingconstruction costs, site security, information technology infrastructure, fixtures, and related costs to consolidate the Department of Homeland Security headquarters: Provided, That no later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Administrator of General Services, shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink

office of inspector general

For an additional amount for the ‘Office of Inspector General’, $5,000,000, to remain available until September 30, 2012, for oversight and audit of programs, grants, and projects funded under this title.CommentsClose CommentsPermalink

U.S. Customs and Border Protection

salaries and expenses

For an additional amount for ‘Salaries and Expenses’, $198,000,000, to remain available until September 30, 2010, of which $100,860,000,000, of which $100,000,000 shall be for the procurement and deployment of non-intrusive inspection systems to improve port security; and of which $97,2; and of which $60,000,000 shall be for procurement and deployment of tactical communications equipment and radios: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.CommentsClose CommentsPermalink

border security fencing, infrastructure, and technology

For an additional amount for ‘Border Security Fencing, Infrastructure, and Technology’, $200,000,000, to remain available until September 30, 2010,100,000,000 for expedited development and deployment of border security technology on the Southwest border: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $800,000,000, to remain available until expended,420,000,000 solely for planning, management, design, alteration, and construction of U.S. Customs and Border Protection owned land border ports of entry: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.CommentsClose CommentsPermalink

U.S. Immigration and Customs Enforcement

automation modernization

For an additional amount for ‘Automation Modernization’, $27,800,000, to remain available until September 30, 2010,0,000,000 for the procurement and deployment of tactical communications equipment and radios: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.CommentsClose CommentsPermalink

Transportation Security Administration

aviation security

For an additional amount for ‘Aviation Security’, $1,000,000,000, to remain available until September 30, 2010, for procurement and installation of checked baggage explosives detection systems and checkpoint explosives detection equipment:Provided Provided, That the Assistant Secretary of Homeland Security (Transportation Security Administration) shall prioritize the award of these funds to accelerate the installations at locations with completed design plans: Provided further, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink

Coast Guard

acquisition, construction, and improvements

For an additional amount for ‘Acquisition, Construction, and Improvements’, $450,000,000, to remain available until September 30, 2010, of which $195,000,000 shall be for98,000,000 for shore facilities and aids to navigation facilities; and of which $255,000,000 shall be for priority procurements due to materials and labor cost increases, and; and for costs to repair, renovate, assess, or improve vessels:Provided, That amounts made available for the activities under this heading shall be available for all necessary expenses related to the oversight and management of such activities: Provided further Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink

alteration of bridges

For an additional amount for ‘Alteration of Bridges’, $240,400,000, to remain available until September 30, 2010,142,000,000 for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 516): Provided, That no later thanthe Coast Guard shall award these funds to those bridges that are ready to proceed to construction: Provided further, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink

Federal Emergency Management Agency

management and administration

For an additional amount for ‘Management and Administration’, $6,000,000 for the acquisition of communications response vehicles to be deployed in response to a disaster or a national security event.

state and local programs

For an additional amount for grants, $95300,000,000, to be allocated as follows:CommentsClose CommentsPermalink





(1) $100,000,000, to remain available until September 30, 2010, for Public Transportation Security Assistance, Railroad Security Assistance, and Systemwide Amtrak Security Upgrades under sections 1406, 1513, and 151450,000,000 for Public Transportation Security Assistance and Railroad Security Assistance under sections 1406 and 1513 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1164 and 1163).CommentsClose CommentsPermalink





(2) $100,000,000, to remain available until September 30, 2010,50,000,000 for Port Security Grants in accordance with 46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c).CommentsClose CommentsPermalink

firefighter assistance grants

For an additional amount for competitive grants, $500,000,000, to remain available until September 30, 2010,210,000,000 for modifying, upgrading, or constructing State and localnon-Federal fire stations: Provided, That up to 5 percent shall be for program administration: Provided further, That no grant shall exceed $15,000,000.CommentsClose CommentsPermalink

disaster assistance direct loan program account

Notwithstanding section 417(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the amount of any such loan issued pursuant to this section for major disasters occurring in calendar year 2008 may exceed $5,000,000, and may be equal to not more than 50 percent of the annual operating budget of the local government in any case in which that local government has suffered a loss of 25 percent or more in tax revenues: Provided, That the cost of modifying such loans shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).CommentsClose CommentsPermalink

emergency food and shelter

For an additional amount to carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.), $100,000,000: Provided, That total administrative costs shall not exceed 3.5 percent of the total amount made available under this heading.CommentsClose CommentsPermalink

GENERAL PROVISIONS--THIS TITLE

Sec. 601. Notwithstanding any other provision of law, the President shall establish an arbitration panel under the Federal Emergency Management Agency public assistance program to expedite the recovery efforts from Hurricanes Katrina, Rita, Gustav, and Ike and Rita within the Gulf Coast Region. The arbitration panel shall have sufficient authority regarding the award or denial of disputed public assistance applications for covered hurricane damage under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, or 5173) for a project the total amount of which is more than $500,000.CommentsClose CommentsPermalink





Sec. 602. The Administrator of the Federal Emergency Management Agency may not prohibit or restrict the use of funds designated under the hazard mitigation grant program for damage caused by Hurricanes Katrina and Rita if the homeowner who is an applicant for assistance under such program commenced work otherwise eligible for hazard mitigation grant program assistance under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) without approval in writing from the Administrator.CommentsClose CommentsPermalink





SEC. 603. Subparagraph (E) of section 34(a)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(a)(1)(E)) shall not apply with respect to funds appropriated in this or any other Act making appropriations for fiscal year 2009 or 2010 for grants under such section 34.CommentsClose CommentsPermalink





SEC. 604. (a) REQUIREMENT- Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.CommentsClose CommentsPermalink





(b) COVERED ITEMS- An item referred to in subsection (a) is any of the following, if the item is directly related to the national security interests of the United States:CommentsClose CommentsPermalink





(1) An article or item of--CommentsClose CommentsPermalink





(A) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);CommentsClose CommentsPermalink





(B) tents, tarpaulins, covers, textile belts, bags, protective equipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, parachutes, or bandages;CommentsClose CommentsPermalink





(C) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); orCommentsClose CommentsPermalink





(D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.CommentsClose CommentsPermalink





(c) AVAILABILITY EXCEPTION- Subsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices. This section is not applicable to covered items that are, or include, materials determined to be non-available in accordance with Federal Acquisition Regulation 25.104 Nonavailable Articles.CommentsClose CommentsPermalink





(d) DE MINIMIS EXCEPTION- Notwithstanding subsection (a), the Secretary of Homeland Security may accept delivery of an item covered by subsection (b) that contains non-compliant fibers if the total value of non-compliant fibers contained in the end item does not exceed 10 percent of the total purchase price of the end item.CommentsClose CommentsPermalink





(e) EXCEPTION FOR CERTAIN PROCUREMENTS OUTSIDE THE UNITED STATES- Subsection (a) does not apply to the following:CommentsClose CommentsPermalink





(1) Procurements by vessels in foreign waters.CommentsClose CommentsPermalink





(2) Emergency procurements.CommentsClose CommentsPermalink





(f) EXCEPTION FOR SMALL PURCHASES- Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in section 2304(g) of title 10, United States Code.CommentsClose CommentsPermalink





(g) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR PROCUREMENT OF COMMERCIAL ITEMS- This section is applicable to contracts and subcontracts for the procurement of commercial items not withstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430), with the exception of commercial items listed under subsections (b)(1)(C) and (b)(1)(D) above. For the purposes of this section, ‘commercial’ shall be as defined in the Federal Acquisition Regulation--Part 2.CommentsClose CommentsPermalink





(h) GEOGRAPHIC COVERAGE- In this section, the term ‘United States’ includes the possessions of the United States.CommentsClose CommentsPermalink





(i) Notification Required Within 7 Days After Contract Award if Certain Exceptions Applied- In the case of any contract for the procurement of an item described in subsection (b)(1), if the Secretary of Homeland Security applies an exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as FedBizOps.gov (or any successor site).CommentsClose CommentsPermalink





(j) Training During Fiscal Year 2009-CommentsClose CommentsPermalink





(1) In general- The Secretary of Homeland Security shall ensure that each member of the acquisition workforce in the Department of Homeland Security who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 2009 on the requirements of this section and the regulations implementing this section.CommentsClose CommentsPermalink





(2) INCLUSION OF INFORMATION IN NEW TRAINING PROGRAMS- The Secretary shall ensure that any training program for the acquisition workforce developed or implemented after the date of the enactment of this Act includes comprehensive information on the requirements described in paragraph (1).CommentsClose CommentsPermalink





(k) CONSISTENCY WITH INTERNATIONAL AGREEMENTS- This section shall be applied in a manner consistent with United States obligations under international agreements.CommentsClose CommentsPermalink





(l) EFFECTIVE DATE- This section applies with respect to contracts entered into by the Department of Homeland Security 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

management of lands and resources

For an additional amount for ‘Management of Lands and Resources’, $135,000,000, to remain available until September 30, 201for activities on all Bureau of Land Management lands including maintenance, rehabilitation, and restoration of facilities, property, trails and lands and for remediation of abandoned mines and wells, $125,000,000.CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $180,000,000, to remain available until September 30, 201for activities on all Bureau of Land Management lands including construction, reconstruction, decommissioning and repair of roads, bridges, trails, property, and facilities and for energy efficient retrofits of existing facilities, $180,000,000.CommentsClose CommentsPermalink

wildland fire management

For an additional amount for ‘Wildland Fire Management’, $15,000,000, to remain available until September 30, 201for hazardous fuels reduction, $15,000,000.CommentsClose CommentsPermalink

United States Fish and Wildlife Service

resource management

For an additional amount for ‘Resource Management’, $165,000,000, to remain available until September 30, 201for deferred maintenance, construction, and capital improvement projects on national wildlife refuges and national fish hatcheries and for high priority habitat restoration projects, $165,000,000.CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $110,000,000, to remain available until September 30, 201for construction, reconstruction, and repair of roads, bridges, property, and facilities and for energy efficient retrofits of existing facilities, $115,000,000.CommentsClose CommentsPermalink

National Park Service

operation of the national park system

For an additional amount for ‘Operation of the National Park System’, $158,000,000, to remain available until September 30, 2010for deferred maintenance of facilities and trails and for other critical repair and rehabilitation projects, $146,000,000.CommentsClose CommentsPermalink

For an additional amount for ‘Historic Preservation Fund’, for historic preservation projects at historically black colleges and universities as authorized by the Historic Preservation Fund Act of 1996 and the Omnibus Parks and Public Lands Act of 1996, $15,000,000: Provided, That any matching requirements otherwise required for such projects are waived.CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $589,000,000, to remain available until September 30, 201for repair and restoration of roads; construction of facilities, including energy efficient retrofits of existing facilities; equipment replacement; preservation and repair of historical resources within the National Park System; cleanup of abandoned mine sites on park lands; and other critical infrastructure projects, $589,000,000.CommentsClose CommentsPermalink

United States Geological Survey

surveys, investigations, and research

For an additional amount for ‘Surveys, Investigations, and Research’, $135,000,000, to remain available until September 30, 201040,000,000, for repair, construction and restoration of facilities; equipment replacement and upgrades including stream gages, and seismic and volcano monitoring systems; national map activities; and other critical deferred maintenance and improvement projects.CommentsClose CommentsPermalink

Bureau of Indian Affairs

operation of indian programs

For an additional amount for ‘Operation of Indian Programs’, $40,000,000, to remain available until September 30, 2010, of which $20,000,000 shall be for the housing improvement programfor workforce training programs and the housing improvement program, $40,000,000.CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $522,000,000, to remain available until September 30, 2010for repair and restoration of roads; replacement school construction; school improvements and repairs; and detention center maintenance and repairs, $450,000,000: Provided, That section 1606 of this Act shall not apply to tribal contracts entered into by the Bureau of Indian Affairs with this appropriation.CommentsClose CommentsPermalink

indian guaranteed loan program account

For an additional amount for ‘Indian Guaranteed Loan Program Account’, $10,000,000, to remain available until September 30, 2010.DEPARTMENTAL OFFICESInsular Affairsassistance to territoriesFor an additional amount for ‘Assistance to Territories’, $62,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink

Office of Inspector General

salaries and expenses

For an additional amount for ‘Office of Inspector General’, $7,600,000, to remain available until September 30, 2011, and an additional $7,400,000 for such purposes, to remain available until September 30, 2011.Department-Wide Programscentral hazardous materials fundFor an additional amount for ‘Central Hazardous Materials Fund’, $20,000,000, to remain available until September 30, 201015,000,000, to remain available until September 30, 2012.CommentsClose CommentsPermalink

ENVIROMENTAL PROTECTION AGENCY

Hazardous Substance Superfund

(including transfers of funds)For an additional amount for ‘Hazardous Substance Superfund’, $600,000,000, to remain available until September 30, 2010, as a payment from general revenues to the Hazardous Substance Superfund, to carry out remedial actions:Provided, That the Administrator may retain up to 2 percent of the funds appropriated herein forwhich shall be for the Superfund remedial actions for program oversight and support purposes, and may transfer those funds to other accounts as neededRemedial program: Provided, That the Administrator of the Environmental Protection Agency (Administrator) may retain up to 3 percent of the funds appropriated herein for management and oversight purposes.CommentsClose CommentsPermalink

Leaking Underground Storage Tank Trust Fund Program

For an additional amount for ‘Leaking Underground Storage Tank Trust Fund Program’, $200,000,0000, to remain available until September 30, 2010, for cleanup activities:, which shall be for cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act: Provided, That none of these funds shall be subject to cost share requirements under section 9003(h)(7)(B) of such Act: Provided further, That the Administrator may retain up to 1.5 percent of the funds appropriated herein for management and oversight purposes.CommentsClose CommentsPermalink

State and Tribal Assistance Grants

(including transfers of funds)

For an additional amount for ‘State and Tribal Assistance Grants’, $6,400,000,000, to remain available until September 30, 2010, of whichwhich shall be allocated as follows:CommentsClose CommentsPermalink





(1) $4,000,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended; of which and $2,000,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Fund under sectioncapitalization grants under section 1452 of the Safe Drinking Water Act, as amended; of which $100,000,000 shall be available for Brownfields remediation grants pursuant to section 104(k)(3) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; and of which $300,000,000 shall be for Diesel Emission Reduction Act grants pursuant to title VII, subtitle G of the Energy Policy Act of 2005, as amended:Provided: Provided, That the Administrator may retain up to 1 percent of the funds appropriated herein for management and oversight purposes: Provided further, That funds appropriated herein shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act nor the matching requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That the Administrator shall reallocate funds appropriated herein for the Clean and Drinking Water State Revolving Funds (Revolving Funds) where projects are not under contract or construction within 12 months of the date of enactment of this Act: Provided further, That notwithstanding the priority rankings they would otherwise receive under each program, priority for funds appropriated herein for the Clean Water State Revolving Funds and Drinking Water State Revolving Funds (Revolving Funds) shall be allocated to projectsshall be given to projects on a State priority list that are ready to proceed to construction within 180 days of enactment of this Act: Provided further, That the Administrator of the Environmental Protection Agency (Administrator) may reallocate funds appropriated herein for the Revolving Funds that are not under binding commitments to proceed to construction within 180 days of enactment of this Act: Provided further, That notwithstanding any other provision of law, financial assistance provided from funds appropriated herein for the Revolving Funds may include additional subsidization, including forgiveness of principal and negative interest loans: Provided further, That not less than 15 percent of the funds appropriated2 months of the date of enactment of this Act: Provided further, That notwithstanding the requirements of section 603(d) of the Federal Water Pollution Control Act or section 1452(f) of the Safe Drinking Water Act, for the funds appropriated herein, each State shall use not less than 50 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further, That, to the extent there are sufficient eligible project applications, not less than 20 percent of the funds appropriated herein for the Revolving Funds shall be designated forfor projects to address green infrastructure, water efficiency or energy efficiency improvements or other environmentally innovative projectactivities: Provided further, That notwithstanding the limitation on amounts specified in section 518(c) of the Federal Water Pollution Control Act, up to a total of 1.5 percent of the funds appropriated herein for the Clean Water State Revolving Funds may be reserved by the Administrator for tribal grants under section 518(c) of such Act: Provided further, That up to 4 percent of the funds appropriated herein for tribal set-asides under the Revolving Funds may be transferred to the Indian Health Service to support management and oversight of tribal projects: Provided further, That none of the funds appropriated herein shall be available for the purchase of land or easements as authorized by section 603(c) of the Federal Water Pollution Control Act or for activities authorized by section 1452(k) of the Safe Drinking Water Act shall not apply to amounts appropriated herein for the Drinking Water State Revolving Funds: Provided further, That the Administrator may exceed the 30 percent limitation on State grants for funds appropriated herein for : Provided further, That notwithstanding section 603(d)(2) of the Federal Water Pollution Control Act and section 1452(f)(2) of the Safe Drinking Water Act, funds may be used to buy, refinance or restructure the debt obligations of eligible recipients only where such debt was incurred on or after October 1, 2008;CommentsClose CommentsPermalink





(2) $100,000,000 shall be to carry out Brownfields projects authorized by section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980: Provided, That the Administrator may reserve up to 3.5 percent of the funds appropriated herein for management and oversight purposes: Provided further, That none of the funds appropriated herein shall be subject to cost share requirements under section 104(k)(9)(B)(iii) of such Act; andCommentsClose CommentsPermalink





(3) $300,000,000 shall be for Diesel Emission Reduction Act grants if the Administrator determines such action will expedite allocation of funds: Provided further, pursuant to title VII, subtitle G of the Energy Policy Act of 2005: Provided, That the Administrator may reserve up to 2 percent of the funds appropriated herein for management and oversight purposes: Provided further, That none of the funds appropriated herein shall be subject to cost share requirements: Provided further, That the Administrator may retain up to 0.25 percent of the funds appropriated herein for the Clean Water State Revolving Funds and Drinking Water State Revolving Funds and up to 1.5 percent of the funds appropriated herein for thefor Diesel Emission Reduction Act grants program for program oversight and support purposes and may transfer those funds to other accountsshall be subject to the State Grant and Loan Program Matching Incentive provisions of section 793(c)(3) of such Act.CommentsClose CommentsPermalink

Funds made available to the Environmental Protection Agency by this Act for management and oversight purposes shall remain available until September 30, 2011, and may be transferred to the ‘Environmental Programs and Management’ account as needed.CommentsClose CommentsPermalink

DEPARTMENT OF AGRICULTURE

Forest Service

capital improvement and maintenance

For an additional amount for ‘Capital Improvement and Maintenance’, $650,000,000, to remain available until September 30, 2010, which shall includefor priority road, bridge and trail maintenance and decommissioning, including related watershed restoration and ecosystem enhancement projects; facilities improvement, maintenance and renovation; remediation of abandoned mine sites and support costs necessary to carry out this ; and support costs necessary to carry out this work.CommentsClose CommentsPermalink

wildland fire management

For an additional amount for ‘Wildland Fire Management’, $485,000,000, to remain available until September 30, 2010,500,000,000, of which $250,000,000 is for hazardous fuels reduction, forest health protection, rehabilitation and hazard mitigation activities in areas at high risk of catastrophic wildfire, of which $260,000,000 is available for work on State and private lands using all theon Federal lands and of which $250,000,000 is for State and private forestry activities including hazardous fuels reduction, forest health and ecosystem improvement activities on State and private lands using all authorities available to the Forest Service:Provided, That of the funds provided for State and private land fuels reduction activities, up to $50,000,000 may be used to make grants for the purpose of creating incentives for increased use of biomass from national forest land Provided, That up to $50,000,000 of the total funding may be used to make wood-to-energy grants to promote increased utilization of biomass from Federal, State and private lands: Provided further, That funds provided for activities on State and private lands shall not be subject to matching or cost share requirements.CommentsClose CommentsPermalink

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For an additional amount for ‘Indian Health Services’, $135,000,000, to remain available until September 30, 2010, of which $50,000,000 is for contract health services; and of which $85,000,000 is for health information technology:Provided, That the amount made available for health information technology activitiefor health information technology activities, $85,000,000: Provided, That such funds may be used for both telehealth services development and related infrastructure requirements that are typically funded through the ‘Indian Health Facilities’ account: Provided further, That notwithstanding any other provision of law, health information technology funds provided within this title shall be allocated at the discretion of the Director of the Indian Health Service.CommentsClose CommentsPermalink

indian health facilities

For an additional amount for ‘Indian Health Facilities’, $410,000,000, to remain available until September 30, 2010:for facilities construction projects, deferred maintenance and improvement projects, the backlog of sanitation projects and the purchase of equipment, $415,000,000, of which $227,000,000 is provided within the health facilities construction activity for the completion of up to two facilities from the current priority list for which work has already been initiated: Provided, That for the purposes of this Act, spending caps included within the annual appropriation for ‘Indian Health Facilities’ for the purchase of medical equipment shall not apply.SMITHSONIAN INSTITUTIONFacilities Capital: Provided further, That section 1606 of this Act shall not apply to tribal contracts entered into by the Service with this appropriation.CommentsClose CommentsPermalink

For an additional amount for ‘Facilities Capital’, $75,000,000, to remain available until September 30, 2010for repair and revitalization of existing facilities, $25,000,000.CommentsClose CommentsPermalink

For an additional amount for ‘Grants and Administration’, $50,000,000, to be distributed in direct grants to fund arts projects and activities which preserve jobs in the non-profit arts sector threatened by declines in philanthropic and other support during the current economic downturn: Provided, That 40 percent of such funds shall be distributed to State arts agencies and regional arts organizations in a manner similar to the agency’s current practice and 60 percent of such funds shall be for competitively selected arts projects and activities according to sections 2 and 5(c) of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 951, 954(c)): Provided further, That matching requirements under section 5(e) of such Act shall be waived.CommentsClose CommentsPermalink

GENERAL PROVISIONS--THIS TITLE

Sec. 701. (a) Within 30 days of enactment of this Act, each agency receiving funds under this title shall submit a general plan for the expenditure of such funds to the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink





(b) Within 90 days of enactment of this Act, each agency receiving funds under this title shall submit to the Committees a report containing detailed project level information associated with the general plan submitted pursuant to subsection (a).CommentsClose CommentsPermalink





Sec. 702. In carrying out the work for which funds in this title are being made available, the Secretary of the Interior and the Secretary of Agriculture may utilizeshall utilize, where practicable, the Public Lands Corps, Youth Conservation Corps, Student Conservation Association, Job Corps and other related partnerships with Federal, State, local, tribal or non-profit groups that serve young adults.CommentsClose CommentsPermalink





SEC. 703. Each agency receiving funds under this title may transfer up to 10 percent of the funds in any account to other appropriation accounts within the agency, if the head of the agency (1) determines that the transfer will enhance the efficiency or effectiveness of the use of the funds without changing the intended purpose; and (2) notifies the Committees on Appropriations of the House of Representatives and the Senate 10 days prior to the transfer.CommentsClose CommentsPermalink

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

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

For an additional amount for ‘Training and Employment Services’ for activities authorized byunder the Workforce Investment Act of 1998 (‘WIA’), $3,250,000,000, which shall be available950,000,000, which shall be available for obligation on the date of enactment of this Act, as follows:CommentsClose CommentsPermalink





(1) $500,000,000 for adult employment and training grants to the States for adult employment and training activities, including supportive services and needs-related payments described in section 134(e)(2) and (3) of the WIA: Provided, That a priority use of these funds shall be services to individuals described in 134(d)(4)(E) of the WIA;CommentsClose CommentsPermalink





(2) $1,200,000,000 for grants to the States for youth activities, including summer employment for youth: Provided, That no portion of such funds shall be reserved to carry out section 127(b)(1)(A) of the WIA: Provided further, That for purposes of section 127(b)(1)(C)(iv) of the WIA, funds available for youth activities shall be allotted as if the total amount available for youth activities in the fiscal year does not exceed $1,000,000,000: Provided further, That, with respect to the with respect to the youth activities provided with such funds, section 101(13)(A) of the WIA shall be applied by substituting ‘age 24’ for ‘age 21’: Provided further, That the work readiness performance indicator described in section 136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of performance used to assess the effectiveness of youth activitiessummer employment for youth provided with such funds;CommentsClose CommentsPermalink





(3) $1,00250,000,000 for grants to the States for dislocated worker employment and training activities;CommentsClose CommentsPermalink





(4) $200,000,000 for national emergency grants;

(5) $250,000,000 under the dislocated worker national reserve for a program of competitive grants for worker training in high growth and emerging industry sectors and assistance under 132(b)(2)(A) of the WIA:Provided, That the Secretary of Labor shall give priority when awarding such grants to projects that prepare workers for careers in energy efficiency and renewable energy as described in section 171(e)(1)(B) of the WIA and for careers in the health care sector; and

(6) $100,000,000 for YouthBuild activities as described in section 173A of the WIA:Provided, That for program years 2008 and 2009, thethe dislocated workers assistance national reserve;CommentsClose CommentsPermalink




(5) $50,000,000 for YouthBuild activities: Provided, That for program years 2008 and 2009, the YouthBuild program may serve an individual who has dropped out of high school and re-enrolled in an alternative school, if that re-enrollment is part of a sequential service strategy; andCommentsClose CommentsPermalink





(6) $750,000,000 for a program of competitive grants for worker training and placement in high growth and emerging industry sectors: Provided, That $500,000,000 shall be for research, labor exchange and job training projects that prepare workers for careers in energy efficiency and renewable energy as described in section 171(e)(1)(B) of the WIA: Provided further, That in awarding grants from those funds not designated in the preceding proviso, the Secretary of Labor shall give priority to projects that prepare workers for careers in the health care sector:CommentsClose CommentsPermalink





Provided, That funds made available in this paragraph shall remain available through June 30, 2010: Provided further, That a local board may award a contract to an institution of higher education if the localor other eligible training provider if the local board determines that it would facilitate the training of multiple individuals in high-demand occupations, if such contract does not limit customer choice.CommentsClose CommentsPermalink

community service employment for older americans

For an additional amount for ‘Community Service Employment for Older Americans’ for carrying out title to carry out title V of the Older Americans Act of 1965, $120,000,000, which shall be available for obligation on the date of enactment of this Act and shall remain available through June 30, 2010: Provided, That funds shall be allotted within 30 days of such enactment to current grantees in proportion to their allotment in program year 2008: Provided further, That funds made available under this heading in this Act may, in accordance with section 517(c) of the Older Americans Act of 1965, be recaptured and reobligated.CommentsClose CommentsPermalink

state unemployment insurance and employment service operations

For an additional amount for ‘State Unemployment Insurance and Employment Service Operations’ for grants to States in accordance with section 6 of the Wagner-Peyser Act, $400,000,000, which may be expended from the Employment Security Administration aAccount in the Unemployment Trust Fund:Provided, That such funds shall be available, and which shall be available for obligation on the date of enactment of this Act and: Provided, That such funds shall remain available to the States through September 30, 2010: Provided further, That $250,000,000 of such funds shall be used by States for reemployment services for unemployment insurance claimants (including the integrated Employment Service and Unemployment Insurance information technology required to identify and serve the needs of such claimants): Provided further, That the Secretary of Labor shall establish planning and reporting procedures necessary to provide oversight of funds used for reemployment services.CommentsClose CommentsPermalink

Departmental Management

office of job corps

For an additional amount for ‘Office of Job Corps’, $250,000,000, for construction, alteration and repairs of buildings and other facilities, $160,000,000, which shall remain available throughrehabilitation and acquisition of Job Corps Centers, which shall be available upon the date of enactment of this Act and remain available for obligation through June 30, 2010:Provided Provided, That section 1552(a) of title 31, United States Code shall not apply if funds are used for a multi-year lease agreement that will result in construction activities that can commence within 120 days of enactment of this Act: Provided further, That notwithstanding section 3324(a) of title 31, United States Code, the funds used for an agreement under the preceding proviso may be used for advance, progress, and other payments: Provided further, That the Secretary of Labor may transfer up to 15 percent of such funds to meet the operational needs of Job Corps Csuch centers, which may include training for careers in the energy efficiency, renewable energy, and environmental protection industries: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary shall provide to the Committeethe Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of funds available in this paragraphallocation of funds, and a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than September 30, 2009 and quarterly thereafter as long as funding provided under this heading is available for obligation or expenditure.CommentsClose CommentsPermalink

office of inspector general

For an additional amount for the ‘Office of Inspector General’, $36,000,000, which shall remain available through September 30, 20112, for salaries and expenses necessary for oversight and audit of programs, grants, and projects funded in this Act and administered by the Department of Labor.CommentsClose CommentsPermalink

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

health resources and services

For an additional amount for ‘Health Resources and Services’, $1,958,000,000, which shall remain available through September 30, 2010, of which $88,000,000 shall be for necessary expenses related to leasing and renovating a headquarters building for Public Health Service agencies and other components of the Department of Health and Human Services, including renovation and fit-out costs, and of which $1,870,000,000 shall b2,500,000,000 which shall be used as follows:CommentsClose CommentsPermalink





(1) $500,000,000 shall be for grants to health centers authorized under section 330 of the Public Health Service Act (‘PHS Act’);CommentsClose CommentsPermalink





(2) $1,500,000,000 shall be available for grants for construction, renovation and equipment for health center, and for the acquisition of health information technology systems, for health centers including health center controlled networks receiving operating grants under section 330 of the Public Health Service Act, notwithstandingHS Act, notwithstanding the limitation in section 330(e)(3).Centers for Disease Control and Preventiondisease control, research, and trainingFor an additional amount for ‘Disease Control, Research, and Training’ for acquisition of real property, equipment, construction, and renovation of facilities, including necessary repairs and improvements to leased laboratories, $412,000,000, which shall remain available through September 30, 2010:Provided, That notwithstanding any other provision of law,; andCommentsClose CommentsPermalink





(3) $500,000,000 to address health professions workforce shortages, of which $75,000,000 for the National Health Service Corps shall remain available through September 30, 2011: Provided, That funds may be used to provide scholarships, loan repayment, and grants to training programs for equipment as authorized in the Centers for Disease Control and Prevention may award a single contract or related contracts for development and construction of facilities that collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘availability of funds’ found at 48 CFR 52.232-18PHS Act, and grants authorized in sections 330L, 747, 767 and 768 of the PHS Act: Provided further, That 20 percent of the funds allocated to the National Health Service Corps shall be used for field operations:CommentsClose CommentsPermalink





Provided, That up to 0.5 percent of funds provided in this paragraph may used for administration of such funds: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan detailing activities to be supported and timelines for expenditure prior to making any Federal obligations of funds provided in this paragraph but not later than 90 days after the date of enactment of this Act: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded in this paragraph not later than November 1, 2009 and every 6 months thereafter as long as funding provided in this paragraph is available for obligation or expenditure.CommentsClose CommentsPermalink

National Institutes of Health

national center for research resources

For an additional amount for ‘National Center for Research Resources’, $300,000,000, which shall be available through September 30, 2010, for1,300,000,000, of which $1,000,000,000 shall be for grants or contracts under section 481A of the Public Health Service Act to construct, renovate or repair existing non-Federal research facilities: Provided, That sections 481A(c)(1)(B)(ii), paragraphs (1), (3), and (4) of section 481A(e), and section 481B of such Act shall not apply to the use of such funds: Provided further, That the references to ‘20 years’ in subsections (c)(1)(B)(i) and (f) of section 481A of such Act are deemed to be references to ‘10 years’ for purposes of using such funds: Provided further, That the National Center for Research Resources may also use $300,000,000 to provide, under the authority of section 301 and title IV of such Act, shared instrumentation and other capital research equipment to recipients of grants and contracts under section 481A of such Act and other appropriate entities: Provided further, That the Director of the Center shall provide to the Committees on Appropriations of the House of Representatives and the Senate an annual report indicating the number of institutions receiving awards of a grant or contract under section 481A of such Act, the proposed use of the funding, the average award size, a list of grant or contract recipients, and the amount of each award.CommentsClose CommentsPermalink

office of the director

(including transfer of funds)

For an additional amount for ‘Office of the Director’, $2,700,000,000, which shall be available through September 30, 2010:Provided, That $1,358,200,000,000: Provided, That $7,400,000,000 shall be transferred to the Institutes and Centers of the National Institutes of Health (‘NIH’) and to the Common Fund established under section 402A(c)(1) of the Public Health Service Act in proportion to the appropriations otherwise made to such Institutes, Centers, and Common Fund for fiscal year 2009: Provided further, That these funds shall be used to support additional scientific research and shall be merged with and be available for the same purposes as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the National Institutes of HealthIH: Provided further, That none of these funds may be transferred to ‘National Institutes of Health--Buildings and Facilities’, the Center for Scientific Review, the Center for Information Technology, the Clinical Center, or the Global Fund for HIV/AIDS, Tuberculosis and Malaria, or the Office of the Director (except for the transfer to the Common Fund).The additional amount available for ‘Office of the Director’ in the previous sentence shall be increased by $6,500,000,000:Provided, That a total of $7,850,000,000 shall be transferred pursuant to such sentence: Provided further, That any amounts in this sentence shall be designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009: Provided further, That the funds provided in this Act to the NIH shall not be subject to the provisions of 15 U.S.C. 638(f)(1) and 15 U.S.C. 638(n)(1): Provided further, That $400,000,000 may be used to carry out section 215 of division G of Public Law 110-161.CommentsClose CommentsPermalink

buildings and facilities

For an additional amount for ‘Buildings and Facilities’, $500,000,000, which shall be available through September 30, 2010, to fund high-priority repair, construction and improvement projects for National Institutes of Health facilities on the Bethesda, Maryland campus and other agency locations.CommentsClose CommentsPermalink

Agency for Healthcare Research and Quality

healthcare research and quality

(including transfer of funds)

For an additional amount for ‘Healthcare Research and Quality’ to carry out titles III and IX of the Public Health Service Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $700,000,000 for comparative clinical effectiveness research, which shall remain available through September 30, 2010:: Provided, That of the amount appropriated in this paragraph, $400,000,000 shall be transferred to the Office of the Director of the National Institutes of Health (‘Office of the Director’) to conduct or support comparative clinical effectiveness research under section 301 and title IV of the Public Health Service Act: Provided further, That funds transferred to the Office of the Director may be transferred to the Institutes and Centers of the National Institutes of Health and to the Common Fund established under section 402A(c)(1) of the Public Health Service Act: Provided further, That this transfer authority is in addition to any other transfer authority available to the National Institutes of Health: Provided further, That within the amount available in this paragraph for the Agency for Healthcare Research and Quality, not more than 1 percent shall be made available for additional full-time equivalents.CommentsClose CommentsPermalink





In addition, $400,000,000 shall be available for comparative clinical effectiveness research to be allocated at the discretion of the Secretary of Health and Human Services (‘Secretary’) and shall remain available through September 30, 2010:: Provided, That the funding appropriated in this paragraph shall be used to accelerate the development and dissemination of research assessing the comparative clinical effectiveness of health care treatments and strategies, including throughthrough efforts that: (1) conduct, support, or synthesize research that compares the clinical outcomes, effectiveness, and appropriateness of items, services, and procedures that are used to prevent, diagnose, or treat diseases, disorders, and other health conditions; and (2) encourage the development and use of clinical registries, clinical data networks, and other forms of electronic health data that can be used to generate or obtain outcomes data: Provided further, That the Secretary shall enter into a contract with the Institute of Medicine, for which no more than $1,500,000 shall be made available from funds provided in this paragraph, to produce and submit a report to the Congress and the Secretary by not later than June 30, 2009, that includes recommendations on the national priorities for comparative clinical effectiveness research to be conducted or supported with the funds provided in this paragraph and that considers input from stakeholders: Provided further, That the Secretary shall consider any recommendations of the Federal Coordinating Council for Comparative Clinical Effectiveness Research established by section 8024 of this Act and any recommendations included in the Institute of Medicine report pursuant to the preceding proviso in designating activities to receive funds provided in this paragraph and may make grants and contracts with appropriate entities, which may include agencies within the Department of Health and Human Services and other governmental agencies, as well as private sector entities, that have demonstrated experience and capacity to achieve the goals of comparative clinical effectiveness research: Provided further, That the Secretary shall publish information on grants and contracts awarded with the funds provided under this heading within a reasonable time of the obligation of funds for such grants and contracts and shall disseminate research findings from such grants and contracts to clinicians, patients, and the general public, as appropriate: Provided further, That, to the extent feasible, the Secretary shall ensure that the recipients of the funds provided by this paragraph offer an opportunity for public comment on the research: Provided further, That research conducted with funds appropriated under this paragraph shall be consistent with Departmental policies relating to the inclusion of women and minorities in research: Provided further, That the Secretary shall provide the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate with an annual report on the research conducted or supported through the funds provided under this heading: Provided further, That the Secretary, jointly with the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, shall provide the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2009 operating plan for the funds appropriated under this heading prior to making any Federal obligations of such funds in fiscal year 2009, but not later than July 30, 2009, and a fiscal year 2010 operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than November 1, 2009, that detail the type of research being conducted or supported, including the priority conditions addressed; and specify the allocation of resources within the Department of Health and Human Services: Provided further, That the Secretary, jointly with the Directors of the Agency for Healthcare Research and Quality and the National Institutes of Health, shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.CommentsClose CommentsPermalink

Administration for Children and Families

payments to states for the child care and development block grant

For an additional amount for ‘Payments to States for the Child Care and Development Block Grant’ for carrying out the Child Care and Development Block Grant Act of 1990, $2,000,000,000, which shall remain available through September 30, 2010:Provided, That funds provided under this heading shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided further,, That, in addition to the amounts required to be reserved by the States under section 658G of such Actthe Child Care and Development Block Grant Act of 1990, $255,186,000 shall be reserved by the States for activities authorized under section 658G, of which $93,587,000 shall be for activities that improve the quality of infant and toddler care.CommentsClose CommentsPermalink

social services block grant

For an additional amount for ‘Social Services Block Grant,’ $400,000,000:Provided, That notwithstanding section 2003 of the Social Security Act, funds shall be allocated to States on the basis of unemployment: Provided further, That these funds shall be obligated to States within 60 calendar days from the date they become available for obligation.

children and families services programs

For an additional amount for ‘Children and Families Services Programs’ for carrying out activities under the , $3,150,000,000, which shall be used as follows:CommentsClose CommentsPermalink





(1) $1,000,000,000 for carrying out activities under the Head Start Act, $500,000,000, which shall remain available through September 30, 2010. In addition, $550,000,000, which shall remain available through September 30, 2010, is hereby appropriated.CommentsClose CommentsPermalink





(2) $1,100,000,000 for expansion of Early Head Start programs, as described in section 645A of such Act:Provided, That of the funds provided in this sentencethe Head Start Act: Provided, That of the funds provided in this paragraph, up to 10 percent shall be available for the provision of training and technical assistance to such programs consistent with section 645A(g)(2) of such Act, and up to 3 percent shall be available for monitoring the operation of such programs consistent with section 641A of such Act.CommentsClose CommentsPermalink





For an additional amount for ‘Children and Families Services Programs’(3) $1,000,000,000 for carrying out activities under sections 674 through 679 of the Community Services Block Grant Act, $200,000,000, which shall remain available through September 30, 2010:Provided, That of the funds provided under this paragraph, no part shall be subject to paragraph (3) of section 674(b) of such Act: Provided further, That not less than 5 percent of the funds allotted to a State from the appropriation under this paragraph shall be used under section 675C(b)(1)of which no part shall be subject to section 674(b)(3) of such Act: Provided, That notwithstanding section 675C(a)(1) and 675C(b) of such Act, 1 percent of the funds made available to each State from this additional amount shall be used for benefits enrollment coordination activities relating to the identification and enrollment of eligible individuals and families in Federal, State and local benefit programs, and local benefit programs: Provided further, That all funds remaining available to a State from this additional amount after application of the previous proviso shall be distributed to eligible entities as defined in section 673(1) of such Act: Provided further, That for services furnished under such Act during fiscal years 2009 and 2010, States may apply the last sentence of section 673(2) of such Act by substituting ‘200 percent’ for ‘125 percent’.CommentsClose CommentsPermalink





(4) $50,000,000 for carrying out activities under section 1110 of the Social Security Act.CommentsClose CommentsPermalink

Administration on Aging

aging services programs

For an additional amount for ‘Aging Services Programs,’’ under subparts 1 and 2 of part C, of title III, and under title VI, of the Older Americans Act of 1965, $100,000,000, of which $675,000,000 shall be for Congregate Nutrition Services and $33, $32,000,000 shall be for Home-Delivered Nutrition Services:Provided, That these funds shall remain available through September 30, 2010 and $3,000,000 shall be for Nutrition Services for Native Americans.CommentsClose CommentsPermalink

Office of the Secretary

office of the national coordinator for health information technology

(including transfer of funds)

For an additional amount for ‘Office of the National Coordinator for Health Information Technology’, $32,000,000,000, to carry out title XIII of this Act which shall be available until expended:Provided, That of this, to remain available until expended: Provided, That of such amount, the Secretary of Health and Human Services shall transfer $20,000,000 to the Director of the National Institute of Standards and Technology in the Department of Commerce for continued work on advancing health care information enterprise integration through activities such as technical standards analysis and establishment of conformance testing infrastructure, so long as such activities are coordinated with the Office of the National Coordinator for Health Information Technology: Provided further, That $300,000,000 is to support regional or sub-national efforts toward health information exchange: Provided further, That 0.25 percent of the funds provided in this paragraph may be used for administration of such funds: Provided further, That funds available under this heading shall become available for obligation only upon submission of an annual operating plan by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the fiscal year 2009 operating plan shall be provided not later than 90 days after enactment of this Act and that subsequent annual operating plans shall be provided not later than November 1 of each year: Provided further, That these operating plans shall describe how expenditures are aligned with the specific objectives, milestones, and metrics of the Federal Health Information Technology Strategic Plan, including any subsequent updates to the Plan; the allocation of resources within the Department of Health and Human Services and other Federal agencies; and the identification of programs and activities that are supported: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each major set of activities not later than November 1, 2009, and every 6 months thereafter as long as funding under this heading is available for obligation or expenditure.office of theprovided under this heading is available for obligation or expenditure.CommentsClose CommentsPermalink

office of inspector general

For an additional amount for the Office of the Inspector General, $4‘Office of Inspector General’, $17,000,000 which shall remain available until September 30, 2012, and an additional $15,000,000 for such purposes, to remain available until September 30, 2012.CommentsClose CommentsPermalink

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

For an additional amount for carrying out ‘Education for the Disadvantaged’ to carry out title I of the Elementary and Secondary Education Act of 1965, $12,400,000,000, which shall be available through September 30, 2010:Provided, That $5,500,000,000 shall be for (‘ESEA’), $13,000,000,000: Provided, That $5,000,000,000 shall be available for targeted grants under section 1125, $5,500,000,000 shall b of the ESEA: Provided further, That $5,000,000,000 shall be available for education finance incentive grants under section 1125A, and $1,4 of the ESEA: Provided further, That $3,000,000,000 shall be for school improvement grants under section 1003(g): Provided further, That each local educational agency receiving funds available under this paragraph for sections 1125 and 1125A shall use not less than 15 percent of such funds for activities serving children who are eligible pursuant to section 1115(b)(1)(A)(ii) and programs in section 1112(b)(1)(K): Provided further, That each local educational agency receiving funds available under this paragraph shall be required to file with the State educational of the ESEA: Provided further, That each local educational agency receiving funds available under this paragraph shall be required to file with the State educational agency, no later than December 1, 2009, a school-by-school listing of per-pupil educational expenditures from State and local sources during the 2008-2009 academic year: Provided further, That each State educational agency shall report that information to the Secretary of Education by March 31, 2010.CommentsClose CommentsPermalink

For an additional amount for ‘Impact Aid’ to carry out section 8007 of title VIII of the Elementary and Secondary Education Act of 1965, $100,000,000, which shall be expended pursuant to the requirements of section 805.CommentsClose CommentsPermalink

School Improvement Programs

For an additional amount for ‘School Improvement Programs,’ $1,070,000,000, which shall be available through September 30, 2010, for carrying out activities authorized by’ to carry out subpart 1, part D of title II of the Elementary and Secondary Education Act of 1965, and subtitle B of title (‘ESEA’), and subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (‘McKinney-Vento’):Provided, $720,000,000: Provided, That $650,000,000 shall be available for subpart 1, part D of title II of the ESEA: Provided further, That the Secretary shall allot $70,000,000 for grants under McKinney-Vento to each State in proportion to the number of homeless students identified by the State during the 2007-2008 school year relative to the number of such children identified nationally during that school year: Provided further, That State educational agencies shall subgrant the McKinney-Vento funds to local educational agencies on a competitive basis or according to a formula based on the number of homeless students identified by the local educational agencies in the State: Provided further, That the Secretary shall distribute the McKinney-Vento funds to the States not later than 60 days after the date of the enactment of this Act: Provided further, That each State shall subgrant the McKinney-Vento funds to local educational agencies not later than 120 days after receiving its grant from the Secretary.CommentsClose CommentsPermalink

special e Innovation and Improvement

Special Education

For an additional amount for ‘Special Education’ for carrying out parts B and C of the Individuals with Disabilities Education Act (‘IDEA’), $13,500,000,000, which shall remain available through September 30, 2010:2,200,000,000, of which $11,300,000,000 shall be available for section 611 of the IDEA: Provided, That if every State, as defined by section 602(31) of the IDEA, reaches its maximum allocation under section 611(d)(3)(B)(iii) of the IDEA, and there are remaining funds, such funds shall be proportionally allocated to each State subject to the maximum amounts contained in section 611(a)(2) of the IDEA: Provided further, That by July 1, 2009, the Secretary of Education shall reserve the amount needed for grants under section 643(e) of the IDEA, with any remaining funds to be allocated in accordance with section 643(c) of the IDEA: Provided further, That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2008,total amount for each of sections 611(b)(2) and 643(b)(1) of the IDEA, under this and all other Acts, for fiscal year 2009, whenever enacted, shall be equal to the amounts respectively available for these activities under these sections during fiscal year 2008 increased by the amount of inflation as specified in section 619(d)(2)(B), or the percentage increase in the funds appropriated under section 611(i): Provided further, That each local educational agency receiving funds available under this paragraph for part B shall use not less than 15 percent for special education and related services to children described in section 619(a) of the IDEA: Provided further, That $400,000,000 shall be available for section 619 of the IDEA and $500,000,000 shall be available for part C of the IDEA.CommentsClose CommentsPermalink

Rehabilitation Services and Disability Research

For an additional amount for ‘Rehabilitation Services and Disability Research’ for providing grants to States to carry out the Vocational Rehabilitation Services program under part B of title I and parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act of 1973, $610,000,000, which shall remain available through September 30, 2010:Provided, That $5080,000,000: Provided, That $540,000,000 shall be available for part B of title I of the Rehabilitation Act: Provided further, That funds provided herein shall not be considered in determining the amount required to be appropriated under section 100(b)(1) of the Rehabilitation Act of 1973 in any fiscal year: Provided further, That, notwithstanding section 7(14)(A), the Federal share of the costs of vocational rehabilitation services provided with the funds provided herein shall be 100 percent: Provided further, That $140,000,000 shall be available for parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act: Provided further, That $18,200,000 shall be for State Grants, $87,500,000 shall be for independent living centers, and $34,300,000 shall be for services for older blind individuals.CommentsClose CommentsPermalink

Student Financial Assistance

For an additional amount for ‘Student Financial Assistance’ to carry out subpart 1 of part A and part C of title IV of the Higher Education Act of 1965 (‘HEA’), $15,840,000,000, which shall remain available through September 30, 2011: Provided, That $15,640,000,000 shall be available for subpart 1 of part A of title IV of the Higher Education Act of 1965, $13,869,000,000:Provided, That such funds shall be used to increase the maximum Pell Grant by $281 for award year 2009-2010, to increase the maximum Pell Grant by $400 for the award year 2010-2011, and to reduce or eliminate the Pell Grant shortfall: Provided further, That these funds shall remain available through September 30, 2011.EA: Provided further, That $200,000,000 shall be available for part C of title IV of the HEA.CommentsClose CommentsPermalink





The maximum Pell Grant for which a student shall be eligible during award year 2009-2010 shall be $4,860.CommentsClose CommentsPermalink

For an additional amount for ‘Student Financial Assistance’ to carry out partAid Administration’ to carry out part D of title I, and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title IV of the Higher Education Act of 1965, $61,000,000:Provided, That these funds shall remain available through September 30, 2010,000,000.CommentsClose CommentsPermalink

Higher Education

For an additional amount for ‘Higher Education’ for carrying out activities underto carry out part A of title II of the Higher Education Act of 1965, $50,000,000:Provided, That these funds shall remain available through September 30, 2010100,000,000.CommentsClose CommentsPermalink

For an additional amount for ‘Institute of Education Sciences’ to carry out section 208 of the Educational Technical Assistance Act, $250,000,000, which may be used for Statewide data systems that include postsecondary and workforce information, of which up to $5,000,000 may be used for State data coordinators and for awards to public or private organizations or agencies to improve data coordination.CommentsClose CommentsPermalink

Departmental Management

office of the inspector general

For an additional amount for the ‘Office of the Inspector General’, $14,000,000, which shall remain available through September 30, 2012, for salaries and expenses necessary for oversight and audit of programs, grants, and projects funded in this Act and administered by the Department of Education and an additional $10,000,000 for such purposes, to remain available until September 30, 2012.CommentsClose CommentsPermalink

RELATED AGENCIES

CORPORATION FOR NATIONAL AND COMMUNITY SERVICEOperating Expensesorporation for National and Community Service

(including transfer of funds)

For an additional amount for ‘Operating Expenses’ to carry out the Domestic Volunteer Service Act of 1973 (‘1973 Act’) and the National and Community Service Act of 1990 (‘1990 Act’), $160,000,000, to remain available through September 30, 2010:Provided, That: Provided, That $89,000,000 of the funds made available in this paragraph shall be used to make additional awards to existing AmeriCorps grantees and may be used to provide adjustments to awards under subtitle C of title I of the 1990 Act made prior to September 30, 2010 for which the Chief Executive Officer of the Corporation for National and Community Service (‘CEO’) determines that a waiver of the Federal share limitation is warranted under section 2521.70 of title 45 of the Code of Federal Regulations: Provided further, That of the amount made available in this paragraph, not less than $6,000,000 shall be transferred to ‘Salaries and Expenses’ for necessary expenses relating to information technology upgrades: Provided further, That of the amount provided in this paragraph, $10,000,000 shall be available for additional members in the Civilian Community Corps authorized under subtitle E of title I of the 1990 Act, of which up to $800,000 may be used to administer the funds provided in this paragraph: Provided further, That of the amount provided in this paragraph, $1,000,000 shall be made available for a one-time supplement grant to State commissions on national and community service under section 126(a) of the 1990 Act without regard to the limitation on Federal share under section 126(a)(2) of the 1990 Act: Provided further, That of the amount made available in this paragraph, not less than $13,000,000 shall be for research activities authorized under subtitle H of title I of the 1990 Act: Provided further, That of the amount made available in this paragraph, not less than $65,000,000 shall be for programs under title I, part A of the 1973 Act: Provided further, That funds provided in the previous proviso shall not be made available in connection with cost-share agreements authorized under section 192A(g)(10) of the 1990 Act: Provided further, That of the funds available under this heading, up to 20 percent of funds allocated to grants authorized under section 124(b) of title I, subtitle C of the 1990 Act may be used to administer, reimburse, or support any national service program under section 129(d)(2) of the 1990 Act: Provided further, That, except as provided herein and in addition to requirements identified herein, funds provided in this paragraph shall be subject to the terms and conditions under which funds were appropriated in fiscal year 2008: Provided further, That the CEO shall provide the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2009 operating plan for the funds appropriated in this paragraph prior to making any Federal obligations of such funds in fiscal year 2009, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2010 operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than November 1, 2009, that detail the allocation of resources and the increased number of members supported by the AmeriCorps programs: Provided further, That the CEO shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.CommentsClose CommentsPermalink

Office of the InspectorInspector General

For an additional amount for the Office of the Inspector Generalamount for the ‘Office of Inspector General’, $1,000,000, which shall remain available until September 30, 20112.CommentsClose CommentsPermalink

National Service Trust

(including transfer of funds)

For an additional amount for ‘National Service Trust’ established under subtitle D of title I of the National and Community Service Act of 1990 (‘1990 Act’), $40,000,000, which shall remain available until expended: Provided, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ‘Operating Expenses’ for grants made under subtitle C of title I of the 1990 Act to this appropriation upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, the amount appropriated That the amount appropriated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to apportion funds under 31 U.S.C. 1513(b).CommentsClose CommentsPermalink

SOCIAL SECURITY ADMINISTRATIONLimitation on Administrative Expenses(including transfer of fundsocial Security Administration

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘Limitation on Administrative Expenses’, $891,000,000,000 shall be available as follows:CommentsClose CommentsPermalink





(1) $75500,000,000 shall remain available until expended for necessary expenses of the replacement of the National Computer Center and the information technology costs associated with such Center: Provided, That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 10 days prior to each public notice soliciting bids related to site selection and construction: Provided further, That unobligated balances of funds not needed for this purpose may be used as described in subparagraph (2); and(2) $140,000,000 shall be available through September 30, 2010 for information technology acquisitions and research, which may include and prior to the lease or purchase of such site: Provided further, That the construction plan and site selection for such center shall be subject to review and approval by the Office of Management and Budget: Provided further, That such center shall continue to be a government-operated facility; andCommentsClose CommentsPermalink





(2) $500,000,000 for processing disability and retirement workloads, including information technology acquisitions and research in support of such activities: Provided, That up to $40,000,000 may be used by the Commissioner of Social Security for health information technology research and activities to facilitate the adoption of electronic medical records in disability claims and, including the transfer of funds to ‘Supplemental Security Income Program’ to carry out activities under section 1110 of the Social Security Act:Provided further, That not later than 10 days prior to the obligation of such funds, the Commissioner shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of such funds.CommentsClose CommentsPermalink

Office of Inspector General

For an additional amount for the ‘Office of Inspector General’, $32,000,000, which shall remain available through September 30, 2012, for salaries and expenses necessary for oversight and audit of programs, projects, and activities funded in this Act and administered by the Social Security Administration.CommentsClose CommentsPermalink

GENERAL PROVISIONS--THIS TITLE

Sec. 801EC. 801. (a) Up to 1 percent of the funds made available to the Department of Labor in this title may be used for the administration, management, and oversight of the programs, grants, and activities funded by such appropriation, including the evaluation of the use of such funds.CommentsClose CommentsPermalink





(b) Funds designated for these purposes may be available for obligation through September 30, 2010.CommentsClose CommentsPermalink





(c) Not later than 30 days after enactment of this Act, the Secretary of Labor shall provide an operating plan describing the proposed use of funds for the purposes described in (a).CommentsClose CommentsPermalink





Sec. 802. Report on the Impact of Past and Future Minimum Wage Increases. (a) In General- Section 8104 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 189) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM WAGE INCREASES.

‘(a) Study- Beginning on the date that is 60 days after the date of enactment of this Act, and every year thereafter until the minimum wage in the respective territory is $7.25 per hour, the Government Accountability Office shall conduct a study to--CommentsClose CommentsPermalink





‘(1) assess the impact of the minimum wage increases that occurred in American Samoa and the Commonwealth of the Northern Mariana Islands in 2007 and 2008, as required under Public Law 110-28, on the rates of employment and the living standards of workers, with full consideration of the other factors that impact rates of employment and the living standards of workers such as inflation in the cost of food, energy, and other commodities; andCommentsClose CommentsPermalink





‘(2) estimate the impact of any further wage increases on rates of employment and the living standards of workers in American Samoa and the Commonwealth of the Northern Mariana Islands, with full consideration of the other factors that may impact the rates of employment and the living standards of workers, including assessing how the profitability of major private sector firms may be impacted by wage increases in comparison to other factors such as energy costs and the value of tax benefits.CommentsClose CommentsPermalink





‘(b) Report- No earlier than March 15, 200910, and not later than April 15, 200910, the Government Accountability Office shall transmit its first report to Congress concerning the findings of the study required under subsection (a). The Government Accountability Office shall transmit any subsequent reports to Congress concerning the findings of a study required by subsection (a) between March 15 and April 15 of each year.CommentsClose CommentsPermalink





‘(c) Economic Information- To provide sufficient economic data for the conduct of the study under subsection (a)--

‘(1) the Department of Labor shall include and separately report on American Samoa and the Commonwealth of the Northern Mariana Islands in its household surveys and establishment surveys;

‘(2) the Bureau of Economic Analysis of the Department of Commerce shall include and separately report on American Samoa and the Commonwealth of the Northern Mariana Islands in its gross domestic product data; and

‘(3) the Bureau of the Census of the Department of Commerce shall include and separately report on American Samoa and, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands in its population estimates and demographic profiles from the American Community Survey,with the same County Business Patterns data with the same regularity and to the same extent as the Department or each Bureau collects and reports such data for the 50 States. In the event that the inclusion of American Samoa and, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands in such surveys and data compilations requires time to structure and implement, the Department of Labor, the Bureau of Economic Analysis, and the Bureau of the Census (as the case may be) shall in the interim annually report the best available data that can feasibly be secured with respect to such territories. Such interim reports shall describe the steps the Department or the respective Bureau will take to improve future data collection in the territories to achieve comparability with the data collected in the United States. The Department of Labor, the Bureau of Economic Analysis, and the Bureau of the Census, together with the Department of the Interior, shall coordinate their efforts to achieve such improvements.’.CommentsClose CommentsPermalink




(b) Effective Date- The amendment made by this section shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





Sec. 802. Federal Coordinating Council for Comparative Clinical Effectiveness Research. (a) Establishment3. Eligible Employees in the Recreational Marine Industry. Section 2(3)(F) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(3)(F)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘, repair or dismantle’; andCommentsClose CommentsPermalink





(2) by striking the semicolon and inserting ‘, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;’.CommentsClose CommentsPermalink





SEC. 804. FEDERAL COORDINATING COUNCIL FOR COMPARATIVE EFFECTIVENESS RESEARCH. (a) ESTABLISHMENT- There is hereby established a Federal Coordinating Council for Comparative Clinical Effectiveness Research (in this section referred to as the ‘Council’).CommentsClose CommentsPermalink





(b) Purpose; DutiesURPOSE- The Council shall foster optimum coordination of comparative effectiveness and related health services research conducted or supported by relevant Federal departments and agencies, with the goal of reducing duplicative efforts and encouraging coordinated and complementary use of resources.CommentsClose CommentsPermalink





(c) DUTIES- The Council shall--CommentsClose CommentsPermalink





(1) assist the offices and agencies of the Federal Government, including the Departments of Health and Human Services, Veterans Affairs, and Defense, and other Federal departments or agencies, to coordinate the conduct or support of comparative clinical effectiveness and related health services research; andCommentsClose CommentsPermalink





(2) advise the President and Congress on--CommentsClose CommentsPermalink





(A) strategies with respect to the infrastructure needs of comparative clinical effectiveness research within the Federal Government;(B) appropriate andCommentsClose CommentsPermalink





(B) organizational expenditures for comparative clinical effectiveness research by relevant Federal departments and agencies; and

(C) opportunities to assure optimum coordination of comparative clinical effectiveness and related health services research conducted or supported by relevant Federal departments and agencies, with the goal of reducing duplicative efforts and encouraging coordinated and complementary use of resources.

(c) Membership.CommentsClose CommentsPermalink




(d) MEMBERSHIP-CommentsClose CommentsPermalink





(1) NUMBER AND APPOINTMENT- The Council shall be composed of not more than 15 members, all of whom are senior Federal officers or employees with responsibility for health-related programs, appointed by the President, acting through the Secretary of Health and Human Services (in this section referred to as the ‘Secretary’). Members shall first be appointed to the Council not later than 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) MEMBERS-CommentsClose CommentsPermalink





(A) IN GENERAL- The members of the Council shall include one senior officer or employee from each of the following agencies:CommentsClose CommentsPermalink





(i) The Agency for Healthcare Research and Quality.CommentsClose CommentsPermalink





(ii) The Centers for Medicare and Medicaid Services.CommentsClose CommentsPermalink





(iii) The National Institutes of Health.CommentsClose CommentsPermalink





(iv) The Office of the National Coordinator for Health Information Technology.CommentsClose CommentsPermalink





(v) The Food and Drug Administration.CommentsClose CommentsPermalink





(vi) The Veterans Health Administration within the Department of Veterans Affairs.CommentsClose CommentsPermalink





(vii) The office within the Department of Defense responsible for management of the Department of Defense Military Health Care System.CommentsClose CommentsPermalink





(B) QUALIFICATIONS- At least half of the members of the Council shall be physicians or other experts with clinical expertise.CommentsClose CommentsPermalink





(3) CHAIRMAN; VICE CHAIRMAN- The Secretary shall serve as Chairman of the Council and shall designate a member to serve as Vice Chairman.CommentsClose CommentsPermalink





(d) Reportse) REPORTS-CommentsClose CommentsPermalink





(1) INITIAL REPORT- Not later than June 30, 2009, the Council shall submit to the President and the Congress a report containing information describing current Federal activities on comparative clinical effectiveness research and recommendations for additional investments in such research conducted or supported from funds made available for allotment by the Secretary for comparative clinical effectiveness research in this Act.CommentsClose CommentsPermalink





(2) ANNUAL REPORT- The Council shall submit to the President and Congress an annual report regarding its activities and recommendations concerning the infrastructure needs, appropriate organizational expenditures and opportunities for better coordination of comparative clinical effectiveness research by relevant Federal departments and agencies.CommentsClose CommentsPermalink





(e) Staffing; Supportf) STAFFING; SUPPORT- From funds made available for allotment by the Secretary for comparative clinical effectiveness research in this Act, the Secretary shall make available not more than 1 percent to the Council for staff and administrative support.CommentsClose CommentsPermalink





(transfer of funds)Sec. 803. (a) Not more than 1 percent of the funds made available to the Department of Labor in this title may be transferred by the Secretary of Labor to ‘Employment and Training Administration--Program Administration’, ‘Employment Standards Administration--Salaries and Expenses’, ‘Occupational Safety and Health Administration--Salaries and Expenses’ and ‘Departmental Management--Salaries and Expenses’ for expenses necessary to administer and coordinate funds made available to the Department of Labor in this title; oversee and evaluate the use of such funds; and enforce applicable laws and regulations governing worker rights and protections associated with the funds made available in this Act (g) RULES OF CONSTRUCTION- CommentsClose CommentsPermalink





(1) COVERAGE- Nothing in this section shall be construed to permit the Council to mandate coverage, reimbursement, or other policies for any public or private payer.CommentsClose CommentsPermalink





(2) REPORTS AND RECOMMENDATIONS- None of the reports submitted under this section or recommendations made by the Council shall be construed as mandates or clinical guidelines for payment, coverage, or treatment.CommentsClose CommentsPermalink





SEC. 805. GRANTS FOR IMPACT AID CONSTRUCTION. (a) RESERVATION FOR MANAGEMENT AND OVERSIGHT- From the funds appropriated to carry out this section, the Secretary may reserve up to 1 percent for management and oversight of the activities carried out with those funds.CommentsClose CommentsPermalink





(b) Not later than 10 days prior to obligating any funds proposed to be transferred under subsection (a), the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of each amount proposed to be transferred.

(c) Funds transferred under this section may be available for obligation through September 30, 2010.

Sec. 804. Eligible Employees in the Recreational Marine Industry. Section 2(3)(F) of the Longshore and Harbor Workers’ Compensation Act (33CONSTRUCTION PAYMENTS-CommentsClose CommentsPermalink




(1) FORMULA GRANTS- (A) IN GENERAL- From 40 percent of the amount not reserved under subsection (a), the Secretary shall make payments in accordance with section 8007(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 902(3)(F)) is amended--

(1) by striking ‘, repair or dismantle’; and

(2) by striking the semicolon and inserting ‘, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;’7707(a) ), except that the amount of such payments shall be determined in accordance with subparagraph (B). CommentsClose CommentsPermalink




(B) AMOUNT OF PAYMENTS- The Secretary shall make a payment to each local educational agency eligible for a payment under section 8007(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(a)) in an amount that bears the same relationship to the funds made available under subparagraph (A) as the number of children determined under subparagraphs (B), (C), and (D)(i) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)(B), (C), and (D)(i)) who were in average daily attendance in the local educational agency for the most recent year for which such information is available bears to the number of such children in all the local educational agencies eligible for a payment under section 8007(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(a)).CommentsClose CommentsPermalink





(2) COMPETITIVE GRANTS- From 60 percent of the amount not reserved under subsection (a), the Secretary--CommentsClose CommentsPermalink





(A) shall award emergency grants in accordance with section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b)) to eligible local educational agencies to enable the agencies to carry out emergency repairs of school facilities; andCommentsClose CommentsPermalink





(B) may award modernization grants in accordance with section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b)) to eligible local educational agencies to enable the agencies to carry out the modernization of school facilities.CommentsClose CommentsPermalink





(3) PROVISIONS NOT TO APPLY- Paragraphs (2), (3), (4), (5)(A)(i), and (5)(A)(vi) of section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b)(2), (3), (4), (5)(A)(i), and (5)(A)(vi)) shall not apply to grants made under paragraph (2).CommentsClose CommentsPermalink





(4) ELIGIBILITY- A local educational agency is eligible to receive a grant under paragraph (2) if the local educational agency--CommentsClose CommentsPermalink





(A) was eligible to receive a payment under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702 and 7703) for fiscal year 2008; andCommentsClose CommentsPermalink





(B) has--CommentsClose CommentsPermalink





(i) a total taxable assessed value of real property that may be taxed for school purposes of less than $100,000,000; orCommentsClose CommentsPermalink





(ii) an assessed value of real property per student that may be taxed for school purposes that is less than the average of the assessed value of real property per student that may be taxed for school purposes in the State in which the local educational agency is located.CommentsClose CommentsPermalink





(5) CRITERIA FOR GRANTS- In awarding grants under paragraph (2), the Secretary shall consider the following criteria:CommentsClose CommentsPermalink





(A) Whether the facility poses a health or safety threat to students and school personnel, including noncompliance with building codes and inaccessibility for persons with disabilities, or whether the existing building capacity meets the needs of the current enrollment and supports the provision of comprehensive educational services to meet current standards in the State in which the local educational agency is located.CommentsClose CommentsPermalink





(B) The extent to which the new design and proposed construction utilize energy efficient and recyclable materials.CommentsClose CommentsPermalink





(C) The extent to which the new design and proposed construction utilizes non-traditional or alternative building methods to expedite construction and project completion and maximize cost efficiency.CommentsClose CommentsPermalink





(D) The feasibility of project completion within 24 months from award.CommentsClose CommentsPermalink





(E) The availability of other resources for the proposed project.CommentsClose CommentsPermalink





SEC. 806. MANDATORY PELL GRANTS. Section 401(b)(9)(A) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(9)(A)) is amended--CommentsClose CommentsPermalink





(1) in clause (ii), by striking ‘$2,090,000,000’ and inserting ‘$2,733,000,000’; andCommentsClose CommentsPermalink





(2) in clause (iii), by striking ‘$3,030,000,000’ and inserting ‘$3,861,000,000’.CommentsClose CommentsPermalink





SEC. 807. (a) IN GENERAL- Notwithstanding any other provision of law, and in order to begin expenditures and activities under this Act as quickly as possible consistent with prudent management, the Secretary of Education may--CommentsClose CommentsPermalink





(1) award fiscal year 2009 funds to States and local educational agencies on the basis of eligibility determinations made for the award of fiscal year 2008 funds; andCommentsClose CommentsPermalink





(2) require States to make prompt allocations to local educational agencies.CommentsClose CommentsPermalink





(b) INTEREST NOT TO ACCRUE- Notwithstanding sections 3335 and 6503 of title 31, United States Code, or any other provision of law, the United States shall not be liable to any State or other entity for any interest or fee with respect to any funds under this Act that are allocated by the Secretary of Education to the State or other entity within 30 days of the date on which they are available for obligation.CommentsClose CommentsPermalink

TITLE IX--LEGISLATIVE BRANCH

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

For an additional amount for ‘Salaries and Expenses’ of the Government Accountability Office, $205,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink

GENERAL PROVISIONS--THIS TITLE

Sec. 901. Government Accountability Office Reviews and Reports. (a) Reviews and Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General shall conduct bimonthly reviews and prepare reports on such reviews on the use by selected States and localities of funds made available in this Act. Such reports, along with any audits conducted by the Comptroller General of such funds, shall be posted on the Internet and linked to the website established under this Act by the Recovery Accountability and Transparency Board.CommentsClose CommentsPermalink





(2) REDACTIONS- Any portion of a report or audit under this subsection may be redacted when made publicly available, if that portion would disclose information that is not subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act).CommentsClose CommentsPermalink





(b) Examination of Records- The Comptroller General may examine any records related to obligations of funds made available in this Act.Sec. 902. Access of Government Accountability Office. Each contract awarded usingand use by any Federal, State, or local government agency of funds made available in this Act.CommentsClose CommentsPermalink





Sec. 902. Access of Government Accountability Office. (a) ACCESS- Each contract awarded using funds made available in this Act shall provide that the Comptroller General and his representatives are authorized--CommentsClose CommentsPermalink





(1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; andCommentsClose CommentsPermalink





(2) to interview any current employeeofficer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions.CommentsClose CommentsPermalink





(b) RELATIONSHIP TO EXISTING AUTHORITY- Nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General.CommentsClose CommentsPermalink

TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

DEPARTMENT OF DEFENSE

Military Construction, Army

For an additional amount for ‘Military Construction, Army’, $637,875180,000,000, to remain available until September 30, 2013, of which $84,100,000 shall be for child development centers; $481,000,000 shall be for warrior transition complexes; and $42,400,000 shall be for health and dental clinics (including acquisition, construction, installation, and equipment):: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $30,375,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Armyamount provided under this heading, $80,000,000 shall be for child development centers, and $100,000,000 shall be for warrior transition complexes: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink

Military Construction, Navy and Marine Corps

For an additional amount for ‘Military Construction, Navy and Marine Corps’, $990,092280,000,000, to remain available until September 30, 2013, of which $172,820,000 shall be for child development centers; $174,304,000 shall be for barracks; $125,000,000 shall be for health clinic replacement, and $494,362,000 shall be for energy conservation and alternative energy projects (including acquisition, construction, installation, and equipment):: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $23,606,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Navyamount provided under this heading, $100,000,000 shall be for troop housing, $80,000,000 shall be for child development centers, and $100,000,000 shall be for energy conservation and alternative energy projects: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink

Military Construction, Air Force

For an additional amount for ‘Military Construction, Air Force’, $871,332180,000,000, to remain available until September 30, 2013, of which $80,100,000 shall be for child development centers; $612,246,000 shall be for dormitories; and $138,100,000 shall be for health clinics (including acquisition, construction, installation, and equipment):: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $40,886,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Air Forcamount provided under this heading, $100,000,000 shall be for troop housing and $80,000,000 shall be for child development centers: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink

Military Construction, Defense-Wide

For an additional amount for ‘Military Construction, Defense-Wide’, $118,560,000 for the Energy Conservation Investment Program, to remain available until September 30, 2010:,450,000,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Actof the amount provided under this heading, $1,330,000,000 shall be for the construction of hospitals and $120,000,000 shall be for the Energy Conservation Investment Program: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink

Military Construction, Army National Guard

For an additional amount for ‘Military Construction, Army National Guard’, $150,000,000 for readiness centers (including construction, acquisition, expansion, rehabilitation, and conversion)50,000,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Actnot later than 30 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Director of the Army National Guard, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink

Military Construction, Air National Guard

For an additional amount for ‘Military Construction, Air National Guard’, $1150,000,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Actnot later than 30 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Director of the Air National Guard, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink

Family Housing Construction, Army

For an additional amount for ‘Family Housing Construction, Army’, $34,57007,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of the Army, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink

Family Housing Operation and Maintenance, Army

For an additional amount for ‘Family Housing Operation and Maintenance, Army’, $3,932,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended for operation and maintenance and maintenance and repair and minor construction projects in the United States not otherwise authorized by law.CommentsClose CommentsPermalink

Family Housing Construction, Air Force

For an additional amount for ‘Family Housing Construction, Air Force’, $80,100,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of the Air Forc, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink

Family Housing Operation and Maintenance, Air Force

For an additional amount for ‘Family Housing Operation and Maintenance, Air Force’, $16,461,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended for operation and maintenance and maintenance and repair and minor construction projects in the United States not otherwise authorized by law.CommentsClose CommentsPermalink

Homeowners Assistance Fund

For an additional amount for ‘Homeowners Assistance Fund’, established by section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 3374), $410,973,000, to remain available until expended555,000,000, to remain available until expended: Provided, That the Secretary of Defense shall submit quarterly reports to the Committees on Appropriations of both Houses of Congress on the expenditure of funds made available under this heading in this or any other Act.CommentsClose CommentsPermalink

Administrative Provision

Sec. 1001. (a) Temporary Expansion of Homeowners Assistance Plan Trogram to Respond to Mortgage Foreclosure and Credit Crisis. Section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1), (2), and (3) as clauses (i), (ii), and (iii), respectively, and indenting such subparagraphs, as so redesignated, 6 ems from the left margin;CommentsClose CommentsPermalink





(B) by striking ‘Notwithstanding any other provision of law’ and inserting the following:CommentsClose CommentsPermalink





‘(1) ACQUISITION OF PROPERTY AT OR NEAR MILITARY INSTALLATIONS THAT HAVE BEEN ORDERED TO BE CLOSED- Notwithstanding any other provision of law’;CommentsClose CommentsPermalink





(C) by striking ‘if he determines’ and inserting ‘if--CommentsClose CommentsPermalink





‘(A) the Secretary determines--’;CommentsClose CommentsPermalink





(D) in clause (iii), as redesignated by subparagraph (A), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) the Secretary determines--CommentsClose CommentsPermalink





‘(i) that the conditions in clauses (i) and (ii) of subparagraph (A) have been met;CommentsClose CommentsPermalink





‘(ii) that the closing or realignment of the base or installation resulted from a realignment or closure carried out under the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act of 1990 (part XXIX of Public Law 101-510; 10 U.S.C. 2687 note);CommentsClose CommentsPermalink





‘(iii) that the property was purchased by the owner before July 1, 2006;CommentsClose CommentsPermalink





‘(iv) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary;CommentsClose CommentsPermalink





‘(v) that the property is the primary residence of the owner; andCommentsClose CommentsPermalink





‘(vi) that the owner has not previously received benefit payments authorized under this subsection.CommentsClose CommentsPermalink





‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED MEMBERS OF THE ARMED FORCES, DEPARTMENT OF DEFENSE AND UNITED STATES COAST GUARD CIVILIAN EMPLOYEES, AND THEIR SPOUSES- Notwithstanding any other provision of law, the Secretary of Defense is authorized to acquire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling which was at the time of the relevant wound, injury, or illness, the primary residence of--CommentsClose CommentsPermalink





‘(A) any member of the Armed Forces in medical transition who--CommentsClose CommentsPermalink





‘(i) incurred a wound, injury, or illness in the line of duty during a deployment in support of the Armed Forces;CommentsClose CommentsPermalink





‘(ii) is disabled to a degree of 30 percent or more as a result of such wound, injury, or illness, as determined by the Secretary of Defense or the Secretary of Veterans Affairs; andCommentsClose CommentsPermalink





‘(iii) is reassigned in furtherance of medical treatment or rehabilitation, or due to medical retirement in connection with such disability;CommentsClose CommentsPermalink





‘(B) any civilian employee of the Department of Defense or the United States Coast Guard who--CommentsClose CommentsPermalink





‘(i) was wounded, injured, or became ill in the line of dutyperformance of his or her duties during a forward deployment occurring on or after September 11, 2001, in support of the Armed Forces; andCommentsClose CommentsPermalink





‘(ii) is reassigned in furtherance of medical treatment, rehabilitation, or due to medical retirement resulting from the sustained disability; orCommentsClose CommentsPermalink





‘(C) the spouse of a member of the Armed Forces or a civilian employee of the Department of Defense or the United States Coast Guard if--CommentsClose CommentsPermalink





‘(i) the member or employee was killed in the line of duty during a deployment or in the performance of his or her duties during a deployment on or after September 11, 2001, in support of the Armed Forces or died from a wound, injury, or illness incurred in the line of duty during such a deployment; andCommentsClose CommentsPermalink





‘(ii) the spouse relocates from such residence within 2 years after the death of such member or employee.CommentsClose CommentsPermalink





‘(3) TEMPORARY HOMEOWNER ASSISTANCE FOR MEMBERS OF THE ARMED FORCES PERMANENTLY REASSIGNED DURING SPECIFIED MORTGAGE CRISIS- Notwithstanding any other provision of law, the Secretary of Defense is authorized to acquire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling situated at or near a military base or installation, if the Secretary determines--CommentsClose CommentsPermalink





‘(A) that the owner is a member of the Armed Forces serving on permanent assignment;CommentsClose CommentsPermalink





‘(B) that the owner is permanently reassigned by order of the United States Government to a duty station or home port outside a 50-mile radius of the base or installation;CommentsClose CommentsPermalink





‘(C) that the reassignment was ordered between February 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary;CommentsClose CommentsPermalink





‘(D) that the property was purchased by the owner before July 1, 2006;CommentsClose CommentsPermalink





‘(E) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary;CommentsClose CommentsPermalink





‘(F) that the property is the primary residence of the owner; andCommentsClose CommentsPermalink





‘(G) that the owner has not previously received benefit payments authorized under this subsection.’;CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘this section’ each place it appears and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking ‘Such persons’ and inserting the following:CommentsClose CommentsPermalink





‘(1) HOMEOWNER ASSISTANCE RELATED TO CLOSED MILITARY INSTALLATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Such persons’;CommentsClose CommentsPermalink





(B) by striking ‘set forth above shall elect either (1) to receive’ and inserting the following: ‘set forth in subsection (a)(1) shall elect either--CommentsClose CommentsPermalink





‘(i) to receive’;CommentsClose CommentsPermalink





(C) by striking ‘difference between (A) 95 per centum’ and all that follows through ‘(B) the fair market value’ and inserting the following: ‘difference between--CommentsClose CommentsPermalink





‘(I) 95 per centum of the fair market value of their property (as such value is determined by the Secretary of Defense) prior to public announcement of intention to close all or part of the military base or installation; andCommentsClose CommentsPermalink





‘(II) the fair market value’;CommentsClose CommentsPermalink





(D) by striking ‘time of the sale, or (2) to receive’ and inserting the following: ‘time of the sale; orCommentsClose CommentsPermalink





‘(ii) to receive’;CommentsClose CommentsPermalink





(E) by striking ‘outstanding mortgages. The Secretary may also pay a person who elects to receive a cash payment under clause (1) of the preceding sentence an amount’ and inserting ‘outstanding mortgages.CommentsClose CommentsPermalink





‘(B) REIMBURSEMENT OF EXPENSES- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount’; andCommentsClose CommentsPermalink





(F) by striking ‘best interest of the Federal Government. Cash payment’ and inserting the following: ‘best interest of the United States.CommentsClose CommentsPermalink





‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED INDIVIDUALS AND THEIR SPOUSES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Persons eligible under the criteria set forth in subsection (a)(2) may elect either--CommentsClose CommentsPermalink





‘(i) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference between--CommentsClose CommentsPermalink





‘(I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); andCommentsClose CommentsPermalink





‘(II) the fair market value of such property (as such value is so determined) at the time of the wound, injury, or illness qualifying the individual for benefits under subsection (a)(2)fair market value of such property (as such value is determined by the Secretary of Defense) at the time of sale; orCommentsClose CommentsPermalink





‘(ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages.CommentsClose CommentsPermalink





‘(B) DETERMINATION OF BENEFITS- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States.CommentsClose CommentsPermalink





‘(3) HOMEOWNER ASSISTANCE FOR PERMANENTLY REASSIGNED INDIVIDUALS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Persons eligible under the criteria set forth in subsection (a)(3) may elect either--CommentsClose CommentsPermalink





‘(i) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference between--CommentsClose CommentsPermalink





‘(I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); andCommentsClose CommentsPermalink





‘(II) the fair market value of such property (as such value is so determined) at the time the person received change of permanent station ordersdetermined by the Secretary of Defense) at the time of sale; orCommentsClose CommentsPermalink





‘(ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages.CommentsClose CommentsPermalink





‘(B) DETERMINATION OF BENEFITS- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States.CommentsClose CommentsPermalink





‘(4) COMPENSATION AND LIMITATIONS RELATED TO FORECLOSURES AND ENCUMBRANCES- Cash payment’;CommentsClose CommentsPermalink





(4) by striking subsection (g);CommentsClose CommentsPermalink





(5) in subsection (l), by striking ‘(a)(2)’ and inserting ‘(a)(1)(A)(ii)’;CommentsClose CommentsPermalink





(6) in subsection (m), by striking ‘this section’ and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink





(7) in subsection (n)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘this section’ and inserting ‘subsection (a)(1)’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘this section’ and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink





(8) in subsection (o)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘this section’ and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘this section’ and inserting ‘subsection (a)(1)’; andCommentsClose CommentsPermalink





(C) by striking paragraph (4); andCommentsClose CommentsPermalink





(9) by adding at the end the following new subsection:CommentsClose CommentsPermalink





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





‘(1) the term ‘Armed Forces’ has the meaning given the term ‘armed forces’ in section 101(a) of title 10, United States Code;CommentsClose CommentsPermalink





‘(2) the term ‘civilian employee’ has the meaning given the term ‘employee’ in section 2105(a) of title 5, United States Code;CommentsClose CommentsPermalink





‘(3) the term ‘medical transition’, in the case of a member of the Armed Forces, means a member who--CommentsClose CommentsPermalink





‘(A) is in Medical Holdover status;CommentsClose CommentsPermalink





‘(B) is in Active Duty Medical Extension status;CommentsClose CommentsPermalink





‘(C) is in Medical Hold status;CommentsClose CommentsPermalink





‘(D) is in a status pending an evaluation by a medical evaluation board;CommentsClose CommentsPermalink





‘(E) has a complex medical need requiring six or more months of medical treatment; orCommentsClose CommentsPermalink





‘(F) is assigned or attached to an Army Warrior Transition Unit, an Air Force Patient Squadron, a Navy Patient Multidisciplinary Care Team, or a Marine Patient Affairs Team/Wounded Warrior Regiment; andCommentsClose CommentsPermalink





‘(4) the term ‘nonappropriated fund instrumentality employee’ means a civilian employee who--CommentsClose CommentsPermalink





‘(A) is a citizen of the United States; andCommentsClose CommentsPermalink





‘(B) is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Resale and Services Support Office, Marine Corps exchanges, or any other instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- Such section is further amended in the section heading by inserting ‘and certain property owned by members of the armed forces, department of defense and united states coast gArmed Forces, Department of Defense and United States Coast Guard civilian employees, and surviving spouses’ after ‘ordered to be closed’.CommentsClose CommentsPermalink





(c) Authority to Use Appropriated Funds- Notwithstanding subsection (i) of such section, amounts appropriated or otherwise made available by this title under the heading ‘Homeowners Assistance Fund’ may be used for the Homeowners Assistance Fund established under such section.CommentsClose CommentsPermalink

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

medical support and compliance

For an additional amount for ‘Medical Support and Compliance’, $5,000,000, to remain available until September 30, 2010, to support contract administration and energy initiative execution at the Veterans Health Administration.

medical facilities

For an additional amount for ‘Medical Facilities’, $1,370,459,000, to remain available until September 30, 2010, of which $1,047,313,000 shall be for facility condition assessment deficiencies and for non-recurring maintenance at existing medical facilities; and $323,146,000 shall be for energy efficiency initiatives.national cemetery a, including energy projects, $1,000,000,000, to remain available until September 30, 2010: Provided, That not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink

National Cemetery Administration

For an additional amount for ‘National Cemetery Administration’, $64,961,000, to remain available until September 30, 2010, of which $59,476,000 shall be for capital infrastructure and memorial and monument repairs; and $5,485,000 shall be for energy efficiency initiatives for monument and memorial repairs, including energy projects, $50,000,000, to remain available until September 30, 2010: Provided, That not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink

Departmental Administration

general operating expenses

For an additional amount for ‘General Operating Expenses’, $1,12550,000,000, to remain available until September 30, 2010, for additional Full Time Equivalent salary and expenses for major construction project administration and execution and energy initiative executionexpenses related to hiring and training temporary surge claims processors.CommentsClose CommentsPermalink

information technology systems

For an additional amount for ‘Information Technology Systems’, $19550,000,000, to remain available until September 30, 2010, of which $145,000,000 shall be for the Veterans Benefits Administration’s development: Provided, That not later than 30 days after the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of paperless claims processing; and $50,000,000 shall be for the development of systems required to implement chapter 33 of title 38, United States Codeboth Houses of Congress an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink

office of inspector general

For an additional amount for ‘Office of Inspector General’, $4,41,000,000, to remain available until September 30, 2011, for oversight and audit of programs, grants and projects funded under this title.CommentsClose CommentsPermalink

grants for construction of state extended care facilities

For an additional amount for ‘Grants for Construction of State Extended Care Facilities’, $257,986150,000,000, to remain available until September 30, 2010, for grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code.CommentsClose CommentsPermalink

Administrative Provision

Sec. 1002. Payments to Eligible Persons Who Served in the United States Armed Forces in the Far East During World War II. (a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink





(1) The Philippine islands became a United States possession in 1898 when they were ceded from Spain following the Spanish-American War.CommentsClose CommentsPermalink





(2) During World War II, Filipinos served in a variety of units, some of which came under the direct control of the United States Armed Forces.CommentsClose CommentsPermalink





(3) The regular Philippine Scouts, the new Philippine Scouts, the Guerrilla Services, and more than 100,000 members of the Philippine Commonwealth Army were called into the service of the United States Armed Forces of the Far East on July 26, 1941, by an executive order of President Franklin D. Roosevelt.CommentsClose CommentsPermalink





(4) Even after hostilities had ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded and was disestablished in 1950.CommentsClose CommentsPermalink





(5) Filipino veterans who were granted benefits prior to the enactment of the so-called Rescissions Acts of 1946 (Public Laws 79-301 and 79-391) currently receive full benefits under laws administered by the Secretary of Veterans Affairs, but under section 107 of title 38, United States Code, the service of certain other Filipino veterans is deemed not to be active service for purposes of such laws.CommentsClose CommentsPermalink





(6) These other Filipino veterans only receive certain benefits under title 38, United States Code, and, depending on where they legally reside, are paid such benefit amounts at reduced rates.CommentsClose CommentsPermalink





(7) The benefits such veterans receive include service-connected compensation benefits paid under chapter 11 of title 38, United States Code, dependency indemnity compensation survivor benefits paid under chapter 13 of title 38, United States Code, and burial benefits under chapters 23 and 24 of title 38, United States Code, and such benefits are paid to beneficiaries at the rate of $0.50 per dollar authorized, unless they lawfully reside in the United States.CommentsClose CommentsPermalink





(8) Dependents’ educational assistance under chapter 35 of title 38, United States Code, is also payable for the dependents of such veterans at the rate of $0.50 per dollar authorized, regardless of the veterans’ residency.CommentsClose CommentsPermalink





(b) Compensation Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- There is in the general fund of the Treasury a fund to be known as the ‘Filipino Veterans Equity Compensation Fund’ (in this section referred to as the ‘compensation fund’).CommentsClose CommentsPermalink





(2) AVAILABILITY OF FUNDS- Subject to the availability of appropriations for such purpose, amounts in the fund shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to eligible persons in accordance with this section.CommentsClose CommentsPermalink





(c) Payments-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may make a payment from the compensation fund to an eligible person who, during the one-year period beginning on the date of the enactment of this Act, submits to the Secretary a claim for benefits under this section. The application for the claim shall contain such information and evidence as the Secretary may require.CommentsClose CommentsPermalink





(2) PAYMENT TO SURVIVING SPOUSE- If an eligible person who has filed a claim for benefits under this section dies before payment is made under this section, the payment under this section shall be made instead to the surviving spouse, if any, of the eligible person.CommentsClose CommentsPermalink





(d) Eligible Persons- An eligible person is any person who--CommentsClose CommentsPermalink





(1) served--CommentsClose CommentsPermalink





(A) before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States; orCommentsClose CommentsPermalink





(B) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538); andCommentsClose CommentsPermalink





(2) was discharged or released from service described in paragraph (1) under conditions other than dishonorable.CommentsClose CommentsPermalink





(e) Payment Amounts- Each payment under this section shall be--CommentsClose CommentsPermalink





(1) in the case of an eligible person who is not a citizen of the United States, in the amount of $9,000; andCommentsClose CommentsPermalink





(2) in the case of an eligible person who is a citizen of the United States, in the amount of $15,000.CommentsClose CommentsPermalink





(f) Limitation- The Secretary may not make more than one payment under this section for each eligible person described in subsection (d).CommentsClose CommentsPermalink





(g) Clarification of Treatment of Payments Under Certain Laws- Amounts paid to a person under this section--CommentsClose CommentsPermalink





(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; andCommentsClose CommentsPermalink





(2) shall not be included in income or resources for purposes of determining--CommentsClose CommentsPermalink





(A) eligibility of an individual to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits;CommentsClose CommentsPermalink





(B) eligibility of an individual to receive benefits under title VIII of the Social Security Act, or the amount of such benefits; orCommentsClose CommentsPermalink





(C) eligibility of an individual for, or the amount of benefits under, any other Federal or federally assisted program.CommentsClose CommentsPermalink





(h) Release-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the acceptance by an eligible person or surviving spouse, as applicable, of a payment under this section shall be final, and shall constitute a complete release of any claim against the United States by reason of any service described in subsection (d).CommentsClose CommentsPermalink





(2) PAYMENT OF PRIOR ELIGIBILITY STATUS- Nothing in this section shall prohibit a person from receiving any benefit (including health care, survivor, or burial benefits) which the person would have been eligible to receive based on laws in effect as of the day before the date of the enactment of this Act.CommentsClose CommentsPermalink





(i) Recognition of Service- The service of a person as described in subsection (d) is hereby recognized as active military service in the Armed Forces for purposes of, and to the extent provided in, this section.CommentsClose CommentsPermalink





(j) Administration-CommentsClose CommentsPermalink





(1) The Secretary shall promptly issue application forms and instructions to ensure the prompt and efficient administration of the provisions of this section.CommentsClose CommentsPermalink





(2) The Secretary shall administer the provisions of this section in a manner consistent with applicable provisions of title 38, United States Code, and other provisions of law, and shall apply the definitions in section 101 of such title in the administration of such provisions, except to the extent otherwise provided in this section.CommentsClose CommentsPermalink





(k) Reports- The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President’s budget for each fiscal year, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible persons receiving benefits, the amounts paid out of the compensation fund, and the administration of the compensation fund for the most recent fiscal year for which such data is available.CommentsClose CommentsPermalink





(l) Authorization of Appropriation- There is authorized to be appropriated to the compensation fund $198,000,000, to remain available until expended, to make payments under this section.CommentsClose CommentsPermalink

TITLE XI--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

For an additional amount for ‘Diplomatic and Consular Programs’ for urgent domestic facilities requirements, $90,000,000, to remain available until September 30, 2010, of which up to $20,000,000 shall be available for passport facilities and systems, and up to $65,000,000 shall be available for a consolidated security training facility in the United States and should be obligated in accordance with United States General Services Administration site selection procedures:and training functions, $90,000,000: Provided, That the Secretary of State shall submit to the Committees on Appropriations within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading: Provided further, That with respect to the funds made available for passport facilities and systems, such plan shall agencies, such plan shall be developed in consultation with the Department of Homeland Security and the General Services Administration and shall coordinate and co-locate, to the extent feasible, the construction of passport agencies with other Federal facilities.CommentsClose CommentsPermalink

capital investment fund

For an additional amount for ‘Capital Investment Fund’, $228,000,000, to remain available until September 30, 2010, which shall be available90,000,000, for information technology security and upgrades to support mission-critical operations:, of which up to $38,000,000 shall be transferred to, and merged with, funds made available under the heading ‘Capital Investment Fund’ of the United States Agency for International Development: Provided, That the Secretary of State and the Administrator of the United States Agency for International Development shall coordinate information technology systems, where appropriate, to increase efficiencies and eliminate redundancies, to include co-location of backup information management facilities: Provided further, That the Secretary of State, and shall submit to the Committees on Appropriations within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading.CommentsClose CommentsPermalink

office of inspector general

For an additional amount for ‘Office of Inspector General’ for oversight requirements, $1,500,000, to remain available until September 30, 2011.INTERNATIONAL COMMISSIONSInternational Boundary and Water Commission, United States and Mexicoconstruction(including transfer of funds2,000,000.CommentsClose CommentsPermalink

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘Construction’ for the water quantity program to meet immediate repair and rehabilitation requirements, $224,000,000, to remain available until September 30, 2010:Provided, That up to0,000,000: Provided, That up to $2,000,000 may be transferred to, and merged with, funds available under the heading ‘International Boundary and Water Commission, United States and Mexico--Salaries and Expenses’: Provided, That the Secretary of State shall submit to the Committees on Appropriations within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading.UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENTFunds Appropriated to the Presidentcapital investment fundFor an additional amount for ‘Capital Investment Fund’, $58,000,000, to remain available until September 30, 2010, which shall be available for information technology modernization programs and implementation of the Global Acquisition System:Provided, That the Administrator of the United States Agency for International Development further, That the Secretary of State shall submit to the Committees on Appropriations within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading.CommentsClose CommentsPermalink

Operating Expenses of the United States Agency for International Development Office of Inspector General

For an additional amount for ‘Operating Expenses of the United States Agency for International Development Office of Inspector General’ for oversight requirements, $500,000, to remain available until September 30, 2011.

TITLE XII--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

supplemental discretionary grants for a national surface transportation system SUPPLEMENTAL DISCRETIONARY GRANTS FOR A NATIONAL SURFACE TRANSPORTATION SYSTEM

For an additional amount for capital investments in surface transportation infrastructure, $5,500,000,000, to remain available until1,500,000,000, to remain available through September 30, 2011: Provided, That the Secretary of Transportation shall distribute funds provided under this heading as discretionary grants to be awarded to State and local governments or transit agencies on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region: Provided further, That projects eligible for funding provided under this heading shall include, but not be limited to, highway or bridge projects eligible under title 23, United States Code, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and interchanges, bridge replacements, seismic retrofit projects for bridges, and road realignments; public transportation projects eligible under chapter 53 of title 49, United States Code, including investments in projects participating in the New Starts or Small Starts programs that will expedite the completion of those projects and their entry into revenue service; passenger and freight rail transportation projects; and port infrastructure investments, including projects that connect ports to other modes of transportation and improve the efficiency of freight movement: Provided further, That of the amount made available under this paragraph, the Secretary may use an amount not to exceed $200,000,000 for the purpose of paying the subsidy and administrative costs of projects eligible for federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of this paragraph: Provided further, That in distributing funds provided under this heading, the Secretary shall take such measures so as to ensure an equitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural communities: Provided further, That a grant funded under this heading shall be not less than $20,000,000 and not greater than $500,000,000: Provided further,300,000,000: Provided further, That the Secretary may waive the minimum grant size cited in the preceding proviso for the purpose of funding significant projects in smaller cities, regions, or States: Provided further, That not more than 20 percent of the funds made available under this paragraph may be awarded to projects in a single State: Provided further, That the Federal share of the costs for which an expenditure is made under this heading may be up to 100 percent: Provided further, That the Secretary shall give priority to projects that require an additional share contribution of Federal funds in order to complete an overall financing package, and to projects that are expected to be completed within 3 years of enactment of this Act: Provided further, That the Secretary shall publish criteria on which to base the competition for any grants awarded under this heading not later than 7590 days after enactment of this Act: Provided further, That the Secretary shall require applications for funding provided under this heading to be submitted not later than 180 days after enactment of this Actthe publication of such criteria, and announce all projects selected to be funded from such funds not later than 1 year after enactment of this Act: Provided further, That the Secretary shall require all additional applications to be submitted not later than 1 year after enactment of this Act, and announce not later than 180 days following such 1-year period all additional projects selected to be funded with funds withdrawn from States and grantees and transferred from ‘Supplemental Grants for Highway Investments’ and ‘Supplemental Grants for Public Transit Investment’: Provided further, That projects conducted using funds provided under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That the Secretary may retain up to $5,01,500,000 of the funds provided under this heading, and may transfer portions of those funds to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration and the Maritime Administration, to fund the award and oversight of grants made under this heading.CommentsClose CommentsPermalink

Federal Aviation Administration

supplemental funding for facilities and equipment

For an additional amount for necessary investments in Federal Aviation Administration infrastructure, $200,000,000:, to remain available through September 30, 2010: Provided, That funding provided under this heading shall be used to make improvements to power systems, air route traffic control centers, air traffic control towers, terminal radar approach control facilities, and navigation and landing equipment: Provided further, That priority be given to such projects or activities that will be completed within 2 years of enactment of this Act: Provided further, That amounts made available under this heading may be provided through grants in addition to the other instruments authorized under section 106(l)(6) of title 49, United States Code: Provided further, That the Federal share of the costs for which an expenditure is made under this heading shall be 100 percent: Provided further, That amounts provided under this heading may be used for expenses the agency incurs in administering this program: Provided further, That not more than 60 days after enactment of this Act, the Administrator shall establish a process for applying, reviewing and awarding grants and cooperative and other transaction agreements, including the form and content of an application, and requirements for the maintenance of records that are necessary to facilitate an effective audit of the use of the funding provided: Provided further, That section 50101 of title 49, United States Code, shall apply to funds provided under this heading.CommentsClose CommentsPermalink

supplemental discretionary grants for airport investment GRANTS-IN-AID FOR AIRPORTS

For an additional amount for capital expenditures authorized under sections 47102(3) and 47504(c)‘Grants-In-Aid for Airports’, to enable the Secretary of Transportation to make grants for discretionary projects as authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter 475 of title 49, United States Code, and for the procurement, installation and commissioning of runway incursion prevention devices and systems at airports of such title, $1,100,000,000:Provided, That the Secretary of Transportation, to remain available through September 30, 2010: Provided, That such funds shall not be subject to apportionment formulas, special apportionment categories, or minimum percentages under chapter 471: Provided further, That the Secretary shall distribute funds provided under this heading as discretionary grants to airports, with priority given to those projects that demonstrate to his or her satisfaction their ability to be completed within 2 years of enactment of this Act, and serve to supplement and not supplant planned expenditures from airport-generated revenues or from other State and local sources on such activities: Provided further, That the Secretary shall award grants totaling not less than 50 percent of the funds made available under this heading within 120 days of enactment of this Act, and award grants for the remaining amounts not later than 1 year after enactment of this Act: Provided further, That the Federal share payable of the costs for which a grant is made under this heading shall be 100 percent: Provided further, That the amount made available under this heading shall not be subject to any limitation on obligations for the Grants-in-Aid for Airports program set forth in any Act: Provided further, That section 50101 of title 49, United States Code, shall apply to funds provided under this heading: Provided further, That projects conducted using funds provided under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That the Administrator of the Federal Aviation Administration may retain and transfer to ‘Federal Aviation Administration, Operations’ up to one-quarter of 1up to 0.2 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading.CommentsClose CommentsPermalink

Federal Highway Administration

supplemental grants for highway investment HIGHWAY INFRASTRUCTURE INVESTMENT

For an additional amount for restoration, repair, construction and other activities eligible under paragraph (b) of section 133 of title 23, United States Code, $27,060,000,000: Provided, That funds providedand for passenger and freight rail transportation and port infrastructure projects eligible for assistance under subsection 601(a)(8) of such title, $27,500,000,000, to remain available through September 30, 2010: Provided, That, after making the set-asides required under this heading, 50 percent of the funds made available under this heading shall be apportioned to States using the formula set forth in section 104(b)(3) of such titletitle 23, United States Code, and the remaining funds shall be apportioned to States in the same ratio as the obligation limitation for fiscal year 2008 was distributed among the States in accordance with the formula specified in section 120(a)(6) of division K of Public Law 110-161: Provided further, That funds made available under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That in selecting projects to be carried out with funds apportioned under this heading, priority shall be given to projects that are projected for completion within a 3-year time frame, and are located in economically distressed areas as defined by section 301 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3161): Provided further, That 1820 days following the date of such apportionment, the Secretary of Transportation shall withdraw from each State an amount equal to 50 percent of the funds awarded to that granteeState (excluding funds suballocated within the State) less the amount of funding obligated (excluding funds suballocated within the State), and the Secretary shall redistribute such amounts to other States that have had no funds withdrawn under this proviso in the manner described in section 120(c) of division K of Public Law 110-161: Provided further, That 1 year following the date of such apportionment, the Secretary shall withdraw from each recipient of funds apportioned under this heading any unobligated funds and transfer such funds to ‘Supplemental Discretionary Grants for a National Surface Transportation System’, and the Secretary shall redistribute such amounts to States that have had no funds withdrawn under this proviso (excluding funds suballocated within the State) in the manner described in section 120(c) of division K of Public Law 110-161: Provided further, That at the request of a State, the Secretary of Transportation may provide an extension of such 1-year period only to the extent that he or she feels satisfied that the State has encountered extreme conditions that create an unworkable bidding environment or other extenuating circumstances: Provided further, That before granting a such an extension, the Secretary shall send a letter to the House and Senate Committees on Appropriations that provides a thorough justification for the extension: Provided further, That the provisions of subsections 133(d)(3) and 133(d)(4) of title 23, United States Code, shall apply to funds apportioned under this heading, except that the percentage of funds to be allocated to local jurisdictions shall be 40 percent and such allocation, notwithstanding any other provision of law, shall be conducted in all states within the United States: Provided further, That funds allocated to such3 percent of the funds apportioned to a State under this heading shall be set aside for the purposes described in subsection 133(d)(2) of title 23, United States Code (without regard to the comparison to fiscal year 2005): Provided further, That 30 percent of the funds apportioned to a State under this heading shall be suballocated within the State in the manner and for the purposes described in the first sentence of subsection 133(d)(3)(A), in subsection 133(d)(3)(B), and in subsection 133(d)(3)(D): Provided further, That such suballocation shall be conducted in every State: Provided further, That funds suballocated within a State to urbanized areas and other areas shall not be subject to the redistribution of amounts required 1820 days following the date of apportionment of funds provided under this heading: Provided further, That funds apportioned under this heading may be used for, but not be limited to, projects that address stormwater runoff, investments in passenger and freight rail transportation, and investments in port infrastructure: Provided further, that each State shall use not less than 5 percent of funds apportioned to it for activities eligible under subsections 149(b) and (c)of the funds provided under this heading, $105,000,000 shall be for the Puerto Rico highway program authorized under section 165 of title 23, United States Code, and $45,000,000 shall be for the territorial highway program authorized under section 215 of title 23, United States Code: Provided further, That of the funds provided under this heading, $60,000,000 shall be for capital expenditures eligible under section 147 of title 23, United States Code (without regard to subsection(d)): Provided further, That the Secretary of Transportation shall distribute such $60,000,000 as competitive discretionary grants to States, with priority given to those projects that demonstrate to his or her satisfaction their ability to be completed within 2 years of enactment of this Act: Provided further, That of the funds provided under this heading, $5050,000,000 shall be for investments in transportation at Indian reservations and Federal lands, and administered in accordance with chapter 2 of title 23, United States Code: Provided further, That of the funds identified in the preceding proviso, $3210,000,000 shall be for the Indian Reservation Roads program, $1070,000,000 shall be for the Park Roads and Parkways program, $760,000,000 shall be for the Forest Highway Program, and $10,000,000 shall be for the Refuge Roads program: Provided further, That for investments at Indian reservations and Federal lands, priority shall be given to capital investments, and to projects and activities that can be completed within 2 years of enactment of this Act: Provided further, That 1 year following the enactment of this Act, to ensure the prompt use of the $5050,000,000 provided for investments at Indian reservations and Federal lands, the Secretary shall have the authority to redistribute unobligated funds within the respective program for which the funds were appropriated: Provided further, That up to 4 percent of the funding provided for Indian Reservation Roads may be used by the Secretary of the Interior for program management and oversight and project-related administrative expenses: Provided further, That section 134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not apply to funds provided under this heading: Provided further, That of the funds made available under this heading, $20,000,000 shall be for highway surface transportation and technology training under section 140(b) of title 23, United States Code, and $20,000,000 shall be for disadvantaged business enterprises bonding assistance under section 332(e) of title 49, United States Code: Provided further, That funds made available under this heading shall be administered as if apportioned under chapter 1 of title 23, United States Code, except for funds made available for investments in transportation at Indian reservations and Federal lands, and for the territorial highway program, which shall be administered in accordance with chapter 2 of title 23, United States Code, and except for funds made available for disadvantaged business enterprises bonding assistance, which shall be administered in accordance with chapter 3 of title 49, United States Code: Provided further, That the Federal share payable on account of any project or activity carried out with funds made available under this heading shall be, at the option of the recipient, and may be up to 100 percent of the total cost thereof: Provided further, That funding provided under this heading shall be in addition to any and all funds provided for fiscal years 2008 and 2009s made available by this Act shall not be obligated for the purposes authorized under section 115(b) of title 23, United States Code: Provided further, That funding provided under this heading shall be in addition to any and all funds provided for fiscal years 2009 and 2010 in any other Act for ‘Federal-aid Highways’ and shall not affect the distribution of funds provided for ‘Federal-aid Highways’ in any other Act: Provided further, That the amount made available under this heading shall not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act: Provided further, That projects conducted using funds provided under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That section 313 of title 23, United States Code, shall apply to funds provided under this heading: Provided further, That section 1101(b) of Public Law 109-59 shall apply to funds apportioned under this heading: Provided further, That for the purposes of the definition of States for this paragraph, sections 101(a)(32) of title 23, United States Code, shall apply: Provided further, That the Administrator of the Federal Highway Administration may retain up to $1240,000,000 of the funds provided under this heading to carry out the function of the ‘Federal Highway Administration, Limitation on Administrative Expenses’ and to fund the oversight by the Administrator of projects and activitiesfund the oversight by the Administrator of projects and activities carried out with funds made available to the Federal Highway Administration in this Act, and such funds shall be available through September 30, 2012.CommentsClose CommentsPermalink

Federal Railroad Administration

supplemental grants to states for intercity passenger rail serviceFor an additional amount for CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS AND INTERCITY PASSENGER RAIL SERVICE

For an additional amount for section 501 of Public Law 110-432 and discretionary grants to States to pay for the cost of projects described in paragraphs (2)(A) and (2)(B) of section 24401 of title 49, United States Code, and subsection (b) of section 24105 of such title, $250,000,000: Provided, That to be eligible for assistance under this paragraph, the specific project must be on a Statewide Transportation Improvement Plan at the time of the application to qualify: Provided further8,000,000,000, to remain available through September 30, 2012: Provided, That the Secretary of Transportation shall give priority to projects that demonstrate an ability to be completed within 2 years of enactment of this Act, and to projects that improve the safety and reliabilitysupport the development of intercity high speed rail service: Provided further, That within 60 days of the enactment of this Act, the Secretary shall submit to the House and Senate Committees on Appropriations a strategic plan that describes how the Secretary will use the funding provided under this heading to improve and deploy high speed passenger trainsrail systems: Provided further, That within 120 days of enactment of this Act, the Secretary shall issue interim guidance to applicants covering grant terms, conditions, and procedures until final regulations are issued: Provided further, That such interim guidance shall provide separate instructions for the high speed rail corridor program, capital assistance for intercity passenger rail service grants, and congestion grants: Provided further, That the Secretary shall waive the requirement that a project conducted using funds provided under this heading be in a State rail plan developed under chapter 227 of title 49, United States Code: Provided further, That the Federal share payable of the costs for which a grant is made under this heading shall be, at the option of the recipient, up to 100 percent: Provided further, That projects conducted using funds provided under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That section 24405(a) of title 49, United States Code, shall apply to funds provided under this heading: Provided further, That the Administrator of the Federal Railroad Administration may retain and transfer to ‘Federal Railroad Administration, Safety and Operations’ up to one-quarter of 1 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading.supplemental capital grants to the national railroad passenger corporationFor an additional amount for the immediate investment in capital projects necessary to maintain and improve national intercity passenger rail service, including the rehabilitation of rolling stock, $850,000,000:Provided, That funds made available under this heading shall be allocated directly to the National, and funds retained for said purposes shall remain available through September 30, 2014.CommentsClose CommentsPermalink

For an additional amount for the National Railroad Passenger Corporation: Provided further, That the Board of Directors of the corporation shall take measures to ensure that priority is given to (Amtrak) to enable the Secretary of Transportation to make capital grants to Amtrak as authorized by section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432), $1,300,000,000, to remain available through September 30, 2010, of which $450,000,000 shall be used for capital security grants: Provided, That priority for the use of non-security funds shall be given to projects for the repair, rehabilitation, or upgrade of railroad assets or infrastructure, and for capital projects that expand passenger rail capacity: Provided further, That the Board of Directors including the rehabilitation of rolling stock: Provided further, That none of the funds under this heading shall be used to subsidize the operating losses of Amtrak: Provided further, That funds provided under this heading shall be awarded not later than 30 days after the date of enactment of this Act: Provided further, That the Secretary shall take measures to ensure that projects funded under this heading shall be completed within 2 years of enactment of this Act, and shall serve to supplement and not supplant planned expenditures for such activities from other Federal, State, local and corporate sources: Provided further, That said Board of Directors shall the Secretary shall certify to the House and Senate Committees on Appropriations in writing their compliance with the preceding proviso: Provided further, That section 24305(f) of title 49, United States Code, shall apply to funds provided under this heading: Provided further, That not more than 50 percent of the funds providednot more than 60 percent of the funds provided for non-security activities under this heading may be used for capital projects along the Northeast Corridor.high-speed rail corridor programTo make grants for high-speed rail projects under the provisions ofsection 26106 of title 49, United States Code, $2,000,000,000, to remain available until September 30, 2011: Provided, That the Federal share payable of the costs for which a grant is made under this heading shall be 100 percent: Provided further, That the Administrator of the Federal Railroad Administration may retain and transfer to ‘Federal Railroad Administration, Safety and Operations’ up to one-quarter of 1 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this paragraph: Provided further, That of the funding provided under this heading, $5,000,000 shall be made available for the Amtrak Office of Inspector General and made available through September 30, 2013.CommentsClose CommentsPermalink

Federal Transit Administration

supplemental grants for public transit investment TRANSIT CAPITAL ASSISTANCE

For an additional amount for capital expenditures authorized undertransit capital assistance grants authorized under section 5302(a)(1) of title 49, United States Code, $8,400,000,000: Provided, That the Secretary of Transportation6,900,000,000, to remain available through September 30, 2010: Provided, That the Secretary of Transportation shall provide 80 percent of the funds appropriated under this heading for grants under section 5307 of title 49, United States Code, and apportion such funds in accordance with section 5336 of such title (other than subsections (i)(1) and (j)): Provided further, That the Secretary shall apportion 71 percent of the funds apportioned under this heading using the formula set forth in subsections (a) through (c) of section 5336 of title 49, United States Code, 19 percent of the funds apportioned under this heading using the formula set forth in section 5340 of such title, and 10 percent of the funding apportioned under this heading using the formula set forth in subsection 5311(c)10 percent of the funds appropriated under this heading in accordance with section 5340 of such title: Provided further, That the Secretary shall provide 10 percent of the funds appropriated under this heading for grants under section 5311 of title 49, United States Code, and apportion such funds in accordance with such section: Provided further, That funds apportioned under this heading shall be apportioned not later than 21 days after the date of enactment of this Act: Provided further, That 180 days following the date of such apportionment, the Secretary shall withdraw from each grantee an amount equal to 50 percent of the funds awarded to that grantee less the amount of funding urbanized area or State an amount equal to 50 percent of the funds apportioned to such urbanized areas or States less the amount of funding obligated, and the Secretary shall redistribute such amounts to other granteurbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method he or she deems appropriate to ensure that all funds provided under this paragraphredistributed under this proviso shall be utilized promptly: Provided further, That 1 year following the date of such apportionment, the Secretary shall withdraw from each grantee any unobligated funds and transfer such funds to ‘Supplemental Discretionary Grants for a National Surface Transportation System’urbanized area or State any unobligated funds, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly: Provided further, That at the request of a grantee, the Secretary ofn urbanized area or State, the Secretary of Transportation may provide an extension of such 1-year periods if he or she if he feels satisfied that the grantee has urbanized area or State has encountered an unworkable bidding environment or other extenuating circumstances: Provided further, That before granting such an extension, the Secretary shall send a letter to the House and Senate Committees on Appropriations that provides a thorough justification for the extension: Provided further, That of the funds apportioned using the formula set forth in subsection 5311(c) of title 49, United States Code, 2 percent shall be made availableprovided for section 5311 of title 49, United States Code, 2.5 percent shall be made available for section 5311(c)(1): Provided further, That of the funding provided under this heading, $2100,000,000 shall be distributed as discretionary grants to public transit agencies for capital investments that will assist in reducing the energy consumption or greenhouse gas emissions of their public transportation systems: Provided further, That for such grants on energy-related investments, priority shall be given to projects based on the total energy savings that are projected to result from the investment, and projected energy savings as a percentage of the total energy usage of the public transit agency: Provided further, That the Federal share of the costs for which any grant is made under this heading shall beapplicable chapter 53 requirements shall apply to funding provided under this heading, except that the Federal share of the costs for which any grant is made under this heading shall be, at the option of the recipient, and may be up to 100 percent: Provided further, That the amount made available under this heading shall not be subject to any limitation on obligations for transit programs set forth in any Act: Provided further, That section 1101(b) of Public Law 109-59 shall apply to funds apportionropriated under this heading: Provided further, That the funds appropriated under this heading shall be subject to subsection 5323(j) and section 5333 of title 49, United States Code as well as sections 5304 and 5305 of said title, as appropriate, but shall notnot be comingled with any prior year funds: Provided further, That notwithstanding any other provision of law, three-quarters of 1 percent of the funds provided for grants under section 5307 and section 5340, and one-half of 1 percent of the funds provided for grants under section 5311, shall be available for administrative expenses and program management oversight, and such funds shall be available through September 30, 2012.CommentsClose CommentsPermalink

For an amount for capital expenditures authorized under section 5309(b)(2) of title 49, United States Code, $750,000,000, to remain available through September 30, 2010: Provided, That the Secretary of Transportation shall apportion funds under this heading pursuant to the formula set forth in section 5337 of title 49, United States Code: Provided further, That the funds appropriated under this heading shall not be commingled with any prior year funds: Provided further, That funds made available under this heading shall be comingled with funds available under the Formula and Bus Grants account: Provided further, That the Administrator of the Federal Transit Administration may retain up to $3,000,000 of the funds provided under this heading to carry out the function of ‘Federal Transit Administration, Administrative Expenses’ and to fund the oversight of grants made under this heading by the Administratorapportioned not later than 21 days after the date of enactment of this Act: Provided further, That 180 days following the date of such apportionment, the Secretary shall withdraw from each urbanized area an amount equal to 50 percent of the funds apportioned to such urbanized area less the amount of funding obligated, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this proviso utilizing whatever method he or she deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly: Provided further, That 1 year following the date of such apportionment, the Secretary shall withdraw from each urbanized area any unobligated funds, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this proviso utilizing whatever method he or she deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly: Provided further, That at the request of an urbanized area, the Secretary of Transportation may provide an extension of such 1-year period if he or she feels satisfied that the urbanized area has encountered an unworkable bidding environment or other extenuating circumstances: Provided further, That before granting such an extension, the Secretary shall send a letter to the House and Senate Committees on Appropriations that provides a thorough justification for the extension: Provided further, That applicable chapter 53 requirements shall apply except that the Federal share of the costs for which a grant is made under this heading shall be, at the option of the recipient, up to 100 percent: Provided further, That the provisions of section 1101(b) of Public Law 109-59 shall apply to funds made available under this heading: Provided further, That notwithstanding any other provision of law, up to 1 percent of the funds under this heading shall be available for administrative expenses and program management oversight and shall remain available for obligation until September 30, 2012.CommentsClose CommentsPermalink

For an additional amount for ‘Capital Investment Grants’, as authorized under section 5338(c)(4) of title 49, United States Code, and allocated under section 5309(m)(2)(A) of such title, to enable the Secretary of Transportation to make discretionary grants as authorized by section 5309(d) and (e) of such title, $750,000,000, to remain available through September 30, 2010: Provided, That such amount shall be allocated without regard to the limitation under section 5309(m)(2)(A)(i): Provided further, That in selecting projects to be funded, priority shall be given to projects that are currently in construction or are able to obligate funds within 150 days of enactment of this Act: Provided further, That the provisions of section 1101(b) of Public Law 109-59 shall apply to funds made available under this heading: Provided further, That funds appropriated under this heading shall not be commingled with any prior year funds: Provided further, That applicable chapter 53 requirements shall apply, except that notwithstanding any other provision of law, up to 1 percent of the funds provided under this heading shall be available for administrative expenses and program management oversight, and shall remain available through September 30, 2012.CommentsClose CommentsPermalink

Maritime Administration

supplemental grants for assistance to small shipyards SUPPLEMENTAL GRANTS FOR ASSISTANCE TO SMALL SHIPYARDS

To make grants to qualified shipyards as authorized under section 3506 ofPublic Law 109-1638 of Public Law 110-417 or section 54101 of title 46, United States Code, $100,000,000, to remain available through September 30, 2010: Provided, That the Secretary of Transportation shall institute measures to ensure that funds provided under this heading shall be obligated within 180 days of the date of their distribution: Provided further, That the Maritime Administrator may retain and transfer to ‘Maritime Administration, Operations and Training’ up to 2 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading.CommentsClose CommentsPermalink

Office of Inspector General

salaries and expenses SALARIES AND EXPENSES

For an additional amount for necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $7,750,000, to remain available until September 30, 2011, and an additional $12,250,000 for such purposes, to remain available until September 30, 2012:Provided, That the funding made available under this heading shall be used for20,000,000, to remain available through September 30, 2013: Provided, That the funding made available under this heading shall be used for conducting audits and investigations of projects and activities carried out with funds made available in this Act to the Department of Transportation and to the National Railroad Passenger Corporation: Provided further, That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate allegations of fraud, including false statements to the Government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department.CommentsClose CommentsPermalink

GENERAL PROVISION--DEPARTMENT OF TRANSPORTATION

Sec. 1201.Section 5309(g)(4)(A) of title 49, United States Code, is amended by striking ‘or an amount equivalent to the last 3 fiscal years of funding allocated under subsections (m)(1)(A)EC. 1201. (a) MAINTENANCE OF EFFORT- Not later than 30 days after the date of enactment of this Act, for each amount that is distributed to a State or agency thereof from an appropriation in this Act for a covered program, the Governor of the State shall certify to the Secretary of Transportation that the State will maintain its effort with regard to State funding for the types of projects that are funded by the appropriation. As part of this certification, the Governor shall submit to the Secretary of Transportation a statement identifying the amount of funds the State planned to expend from State sources as of the date of enactment of this Act during the period beginning on the date of enactment of this Act through September 30, 2010, for the types of projects that are funded by the appropriation.CommentsClose CommentsPermalink





(b) FAILURE TO MAINTAIN EFFORT-CommentsClose CommentsPermalink





If a State is unable to maintain the level of effort certified pursuant to subsection (a), the State will be prohibited by the Secretary of Transportation from receiving additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for fiscal year 2011.CommentsClose CommentsPermalink





(c) PERIODIC REPORTS-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law, each grant recipient shall submit to the covered agency from which they received funding periodic reports on the use of the funds appropriated in this Act for covered programs. Such reports shall be collected and compiled by the covered agency and (m)(2)(A)(ii)’ and inserting ‘or the sum of the funds available for the next 3 fiscal years beyond the current fiscal year, assuming an annual growth of the program of 10 percent’transmitted to Congress. Covered agencies may develop such reports on behalf of grant recipients to ensure the accuracy and consistency of such reports.CommentsClose CommentsPermalink





(2) CONTENTS OF REPORTS- For amounts received under each covered program by a grant recipient under this Act, the grant recipient shall include in the periodic reports information tracking-CommentsClose CommentsPermalink





(A) the amount of Federal funds appropriated, allocated, obligated, and outlayed under the appropriation;CommentsClose CommentsPermalink





(B) the number of projects that have been put out to bid under the appropriation and the amount of Federal funds associated with such projects;CommentsClose CommentsPermalink





(C) the number of projects for which contracts have been awarded under the appropriation and the amount of Federal funds associated with such contracts;CommentsClose CommentsPermalink





(D) the number of projects for which work has begun under such contracts and the amount of Federal funds associated with such contracts;CommentsClose CommentsPermalink





(E) the number of projects for which work has been completed under such contracts and the amount of Federal funds associated with such contracts;CommentsClose CommentsPermalink





(F) the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the appropriation and, to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries, including the number of job-years created and the total increase in employment since the date of enactment of this Act; andCommentsClose CommentsPermalink





(G) for each covered program report information tracking the actual aggregate expenditures by each grant recipient from State sources for projects eligible for funding under the program during the period beginning on the date of enactment of this Act through September 30, 2010, as compared to the level of such expenditures that were planned to occur during such period as of the date of enactment of this Act.CommentsClose CommentsPermalink





(3) TIMING OF REPORTS- Each grant recipient shall submit the first of the periodic reports required under this subsection not later than 90 days after the date of enactment of this Act and shall submit updated reports not later than 180 days, 1 year, 2 years, and 3 years after such date of enactment.CommentsClose CommentsPermalink





(d) DEFINITIONS- In this section, the following definitions apply:CommentsClose CommentsPermalink





(1) COVERED AGENCY- The term ‘covered agency’ means the Office of the Secretary of Transportation, the Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, the Federal Transit Administration and the Maritime Administration of the Department of Transportation.CommentsClose CommentsPermalink





(2) COVERED PROGRAM- The term ‘covered program’ means funds appropriated in this Act for ‘Supplemental Discretionary Grants for a National Surface Transportation System’ to the Office of the Secretary of Transportation, for ‘Supplemental Funding for Facilities and Equipment’ and ‘Grants-in-Aid for Airports’ to the Federal Aviation Administration; for ‘Highway Infrastructure Investment’ to the Federal Highway Administration; for ‘Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service’ and ‘Capital Grants to the National Railroad Passenger Corporation’ to the Federal Railroad Administration; for ‘Transit Capital Assistance’, ‘Fixed Guideway Infrastructure Investment’, and ‘Capital Investment Grants’ to the Federal Transit Administration; and ‘Supplemental Grants for Assistance to Small Shipyards’ to the Maritime Administration.CommentsClose CommentsPermalink





(3) GRANT RECIPIENT- The term ‘grant recipient’ means a State or other recipient of assistance provided under a covered program in this Act. Such term does not include a Federal department or agency.CommentsClose CommentsPermalink





(e) Notwithstanding any other provision of law, sections 3501-3521 of title 44, United States Code, shall not apply to the provisions of this section.CommentsClose CommentsPermalink

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Native American Housing Block Grants

For an additional amount for ‘Native American Housing Block Grants’, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (‘NAHASDA’) (25 U.S.C. 4111 et seq.), $510,000,000, to remain available until September 30, 2011: Provided, That $255,000,000 of the amount provided under this heading shall be distributed according to the same funding formula used in fiscal year 2008: Provided further, That in selecting projects to be funded, recipients shall give priority to projects that can award contracts based on bids within 180 days from the date that funds are available to recipients: Provided further, That the Secretary shall obligate $255,000,000 of the amount provided under this heading for competitive grants to eligible entities that apply for funds authorized under NAHASDA: Provided further, That in awarding competitive funds, the Secretary shall give priority to projects that will spur construction and rehabilitation and will create employment opportunities for low-income and unemployed persons: Provided further, That recipients of funds under this heading shall obligate 100 percent of such funds within 1 year of the date of enactment of this Act, expend at least 50 percent of such funds within 2 years of the date on which funds become available to such jurisdictions for obligation, and expend 100 percent of such funds within 3 years of such date: Provided further, That if a recipient fails to comply with either the 1-year obligation requirement or the 2-year expenditure requirement, the Secretary shall recapture all remaining funds awarded to the recipient and reallocate such funds to recipients that are in compliance with those requirements: Provided further, That if a recipient fails to comply with the 3-year expenditure requirement, the Secretary shall recapture the balance of the funds awarded to the recipient: Provided further, That, notwithstanding any other provision of this paragraph, the Secretary may institute measures to ensure participation in the formula and competitive allocation of funds provided under this paragraph by any housing entity eligible to receive funding under title VIII of NAHASDA (25 U.S.C. 4221 et seq.): Provided further, That in administering funds provided in this heading, the Secretary may waive any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds except for requirements imposed by this heading and requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that such waiver is required to facilitate the timely use of such funds and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That, of the funds made available under this heading, up to 1 percent shall be available for staffing, training, technical assistance, technology, monitoring, research and evaluation activities: Provided further, That any funds made available under this heading used by the Secretary for personnel expenses shall be transferred to and merged with funding provided to ‘Personnel Compensation and Benefits, Office of Public and Indian Housing’: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred to and merged with funding provided to ‘Administration, Operations, and Management’, for non-personnel expenses of the Department of Housing and Urban Development: Provided further, That any funds made available under this heading used by the Secretary for technology shall be transferred to and merged with the funding provided to ‘Working Capital Fund’.

Public Housing Capital Fund Public and Indian Housing

For an additional amount for the ‘Public Housing Capital Fund’ to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) (the ‘Act’), $54,000,000,000, to remain available until September 30, 2011: Provided, That the Secretary of Housing and Urban Development shall allocadistribute $3,000,000,000 of this amount by the formula authorized under section 9(d)(2) of the Actsame formula used for amounts made available in fiscal year 2008, except that the Secretary may determine not to allocate funding to public housing agencies currently designated as troubled or to public housing agencies that elect not to accept such funding: Provided further, That the Secretary shall make available $2obligate funds allocated by formula within 30 days of enactment of this Act: Provided further, That the Secretary shall make available $1,000,000,000 by competition for priority investments, including investments that leverage private sector funding or financing for renovations and energy conservation retrofit investments: Provided further, That the Secretary shall obligate competitive funding by September 30, 2009: Provided further, That public housing authorities shall give priority to capital projects that can award contracts based on bids within 120 days from the date the funds are made available to the public housing authorities: Provided further, That public housing agencies shall give priority consideration to the rehabilitation of vacant rental units: Provided further, That public housing agencies shall prioritize capital projects that are already underway or included in the 5-year capital fund plans required by the Act (42 U.S.C. 1437c-1(a)): Provided further, That in allocating competitive grants under this heading, the Secretary shall give priority consideration to the rehabilitation of vacant rental units: Provided further, That notwithstanding any other provision of law, (1) funding provided hereinunder this heading may not be used for operating or rental assistance activities, and (2) any restriction of funding to replacement housing uses shall be inapplicable: Provided further, That notwithstanding any other provision of law, the Secretary shall institute measures to ensure that funds provided under this heading shall serve to supplement and not supplant expenditures from other Federal, State, or local sources or funds independently generated by the grantee: Provided further, That notwithstanding section 9(j), public housing agencies shall obligate 100 percent of the funds within 1 year of the date of enactment of this Actn which funds become available to the agency for obligation, shall expend at least 60 percent of funds within 2 years of the date on which funds become available to the agency for obligation, and shall expend 100 percent of the funds within 3 years of such date: Provided further, That if a public housing agency fails to comply with either the 1-year obligation requirement or the 2-year expenditurethe 1-year obligation requirement, the Secretary shall recapture all remaining unobligated funds awarded to the public housing agency and reallocate such funds to agencies that are in compliance with those requirements: Provided further, That if a public housing agency fails to comply with either the 2-year or the 3-year expenditure requirement, the Secretary shall recapture the balance of the funds awarded to the public housing agency and reallocate such funds to agencies that are in compliance with those requirements: Provided further, That in administering funds provided in this heading, the Secretary may waive any provision of anyappropriated or otherwise made available under this heading, the Secretary may waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds except for requirements imposed by this heading and requirements related to conditions on use of funds for development and modernization,of these funds (except for requirements related to fair housing, non-discrimination, labor standards, and the environment, upon a finding that such waiver is required to facilitate the timely use of such funds and would not be inconsistent with the overall purpose of the statute or regulation), upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That, in addition to waivers authorized under the previous proviso, the Secretary may direct that requirements relating to the procurement of goods and services arising under state and local laws and regulations shall not apply to amounts made available under this heading: Provided further, That of the funds made available under this heading, up to 1.5 percent shall be available for staffing, training, technical assistance, technology, monitoring, research and travel, enforcement, research and evaluation activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further, That any funds made available under this heading used by the Secretary for personnel expenses shall be transferred to and merged with funding providrelated to administering funding under this heading shall be transferred to ‘Personnel Compensation and Benefits, Office of Public and Indian Housing’: Provided further, and shall retain the terms and conditions of this account, including reprogramming provisions, except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred to and merged with funding provided to ‘Administration, Operations, and Management’, for non-personnel expenses of the Department of Housing and Urban Development: Provided further, That any funds made available under this heading used by the Secretary for technology shall be transferred to and merged with the funding provided to ‘Working Capital Fund’.CommentsClose CommentsPermalink

Home Investment Partnerships ProgramFor an additional amount for the ‘HOME Investment Partnerships Program’ as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act (the ‘Act’), $250,000,000, Native American Housing Block Grants

For an additional amount for ‘Native American Housing Block Grants’, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (‘NAHASDA’) (25 U.S.C. 4111 et seq.), $510,000,000 to remain available until September 30, 2011:Provided, That except as specifically provided herein, funds provided under this heading shall be distributed pursuant to the formula authorized by section 217 of the Act: Provided further, That the Secretary may establish a minimum grant size: Provided further, That participating jurisdictions shall obligate 100 percent of the Provided, That $255,000,000 of the amount provided under this heading shall be distributed according to the same funding formula used in fiscal year 2008: Provided further, That the Secretary shall obligate funds allocated by formula within 30 days of enactment of this Act: Provided further, That the amounts distributed through the formula shall be used for new construction, acquisition, rehabilitation including energy efficiency and conservation, and infrastructure development: Provided further, That in selecting projects to be funded, recipients shall give priority to projects for which contracts can be awarded within 180 days from the date that funds are available to the recipients: Provided further, that the Secretary may obligate $255,000,000 of the amount provided under this heading for competitive grants to eligible entities that apply for funds authorized under NAHASDA: Provided further, That the Secretary shall obligate competitive funding by September 30, 2009: Provided further, That in awarding competitive funds, the Secretary shall give priority to projects that will spur construction and rehabilitation and will create employment opportunities for low-income and unemployed persons: Provided further, That recipients of funds under this heading shall obligate 100 percent of such funds within 1 year of the date of enactment of this Act, shall expend at least 60 percent of funds within 2 years funds are made available to a recipient, expend at least 50 percent of such funds within 2 years of the date on which funds become available to the participating jurisdiction for obligation and shall expend 100 percent of thesuch recipients for obligation and expend 100 percent of such funds within 3 years of such date: Provided further, That if a participating jurisdictionrecipient fails to comply with either the 1-year obligation requirement or the 2-year expenditure requirement, the Secretary shall recapture all remaining funds awarded to the participating jurisdiction and reallocate such funds to participating jurisdictions that are in compliance with thorecipient and reallocate such funds through the funding formula to recipients that are in compliance with these requirements: Provided further, That if a participating jurisdictionrecipient fails to comply with the 3-year expenditure requirement, the Secretary shall recapture the balance of the funds awardedoriginally awarded to the recipient: Provided further, That notwithstanding any other provision of law, the Secretary may set aside up to 2 percent of funds made available under this paragraph for a housing entity eligible to receive funding under title VIII of NAHASDA (25 U.S.C. 4221 et seq.): Provided further, That in administering funds appropriated or otherwise made available under this heading, the Secretary may waive or specify alternative requirements for any provision of any statute or regulation in connection with the obligation by the Secretary or the use of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That of the funds made available under this heading, up to .5 percent shall be available for staffing, training, technical assistance, technology, monitoring, travel, enforcement, research and evaluation activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further, That any funds made available under this heading used by the Secretary for personnel expenses related to administering funding under this heading shall be transferred to ‘Personnel Compensation and Benefits, Office of Public and Indian Housing’ and shall retain the terms and conditions of this account, including reprogramming provisions, except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred to ‘Administration, Operations, and Management’, for non-personnel expenses of the Department of Housing and Urban Development: Provided further, That any funds made available under this heading used by the Secretary for technology shall be transferred to ‘Working Capital Fund’.CommentsClose CommentsPermalink

For an additional amount for ‘Community Development Fund’ $1,000,000,000, to remain available until September 30, 2010 to carry out the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.): Provided, That the amount appropriated in this paragraph shall be distributed pursuant to 42 U.S.C. 5306 to grantees that received funding in fiscal year 2008: Provided further, That in administering the funds appropriated in this paragraph, the Secretary of Housing and Urban Development shall establish requirements to expedite the use of the funds: Provided further, That in selecting projects to be funded, recipients shall give priority to projects that can award contracts based on bids within 120 days from the date the funds are made available to the participating jurisdictionrecipients: Provided further, That in administering funds under this heading, the Secretary may waive any provision of anyappropriated or otherwise made available under this heading, the Secretary may waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds except for requirements imposed by this heading and(except for requirements related to fair housing, non-discrimination, labor standards and the environmentdiscrimination, labor standards, and the environment), upon a finding that such waiver is required to facilitate the necessary to expedite or facilitate the timely use of such funds and would not be inconsistent with the overall purpose of the statute.CommentsClose CommentsPermalink





For the provision of emergency assistance for the redevelopment of abandoned and foreclosed homes, as authorized under division B, title III of the Housing and Economic Recovery Act of 2008 (‘the Act’) (Public Law 110-289) (42 U.S.C. 5301 note), $2,000,000,000, to remain available until September 30, 2010: Provided, That grantees shall expend at least 50 percent of allocated funds within 2 years of the date funds become available to the grantee for obligation, and 100 percent of such funds within 3 years of such date: Provided further, That unless otherwise noted herein, the provisions of the Act govern the use of the additional funds made available under this heading: Provided further, That notwithstanding the provisions of sections 2301(b) and (c)(1) and section 2302 of the Act, funding under this paragraph shall be allocated by competitions for which eligible entities shall be States, units of general local government, and nonprofit entities or consortia of nonprofit entities, which may submit proposals in partnership with for profit entities: Provided further, That in selecting grantees, the Secretary of Housing and Urban Development shall ensure that the grantees are in areas with the greatest number and percentage of foreclosures and can expend funding within the period allowed under this heading: Provided further, That additional award criteria for such competitions shall include demonstrated grantee capacity to execute projects, leveraging potential, concentration of investment to achieve neighborhood stabilization, and any additional factors determined by the Secretary of Housing and Urban Development: Provided further, That the Secretary may establish a minimum grant size: Provided further, That the Secretary shall publish criteria on which to base competition for any grants awarded under this heading not later than 75 days after the enactment of this Act and applications shall be due to HUD not later than 150 days after the enactment of this Act: Provided further, That the Secretary shall obligate all funding within 1 year of enactment of this Act: Provided further, That section 2301(d)(4) of the Act is repealed: Provided further, That section 2301(c)(3)(C) of the Act is amended to read ‘establish and operate land banks for homes and residential properties that have been foreclosed upon’: Provided further, That funding used for section 2301(c)(3)(E) of the Act shall be available only for the redevelopment of demolished or vacant properties as housing: Provided further, That no amounts made available from a grant under this heading may be used to demolish any public housing (as such term is defined in section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a)): Provided further, That a grantee may not use more than 10 percent of its grant under this heading for demolition activities under section 2301(c)(3)(C) and (D) unless the Secretary determines that such use represents an appropriate response to local market conditions: Provided further, That the recipient of any grant or loan from amounts made available under this heading or, after the date of enactment under division B, title III of the Housing and Economic Recovery Act of 2008, may not refuse to lease a dwelling unit in housing with such loan or grant to a participant under section 8 of the United States Housing Act of 1937 (42 U.S.C 1437f) because of the status of the prospective tenant as such a participant: Provided further, That in addition to the eligible uses in section 2301, the Secretary may also use up to 10 percent of the funds provided under this heading for grantees for the provision of capacity building of and support for local communities receiving funding under section 2301 of the Act or under this heading: Provided further, That in administering funds appropriated or otherwise made available under this section, the Secretary may waive or specify alternative requirements for any provision of any statute or regulation: Provided further, That the Secretary may use funds provided under this heading to provide incentives to grantees to use funding for investments in energy efficiency and green building technology: Provided further, That such incentives may include allocation of up to 20 percent of funds made available under this heading other than pursuant to the formula authorized by section 217 of the Act: Provided further, That, in connection with the obligation by the Secretary or the use of funds except for requirements related to fair housing, nondiscrimination, labor standards and the environment, upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That in the case of any acquisition of a foreclosed upon dwelling or residential real property acquired after the date of enactment with any amounts made available under this heading or under division B, title III of the Housing and Economic Recovery Act of 2008 (Public Law 110-289), the initial successor in interest in such property pursuant to the foreclosure shall assume such interest subject to: (1) the provision by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure: (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90-day notice under this paragraph; or (B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90-day notice under this paragraph, except that nothing in this paragraph shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants: Provided further, That, for purposes of this paragraph, a lease or tenancy shall be considered bona fide only if: (1) the mortgagor under the contract is not the tenant; (2) the lease or tenancy was the result of an arms-length transaction; and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property: Provided further, That the recipient of any grant or loan from amounts made available under this heading or, after the date of enactment, under division B, title III of the Housing and Economic Recovery Act of 2008 (Public Law 110-289) may not refuse to lease a dwelling unit in housing assisted with such loan or grant to a holder of a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) because of the status of the prospective tenant as such a holder: Provided further, That in the case of any qualified foreclosed housing for which funds made available under this heading or, after the date of enactment, under division B, title III of the Housing and Economic Recovery Act of 2008 (Public Law 110-289) are used and in which a recipient of assistance under section 8(o) of the U.S. Housing Act of 1937 resides at the time of foreclosure, the initial successor in interest shall be subject to the lease and to the housing assistance payments contract for the occupied unit: Provided further, That vacating the property prior to sale shall not constitute good cause for termination of the tenancy unless the property is unmarketable while occupied or unless the owner or subsequent purchaser desires the unit for personal or family use: Provided further, That if a public housing agency is unable to make payments under the contract to the immediate successor in interest after foreclosures, due to (1) an action or inaction by the successor in interest, including the rejection of payments or the failure of the successor to maintain the unit in compliance with section 8(o)(8) of the United States Housing Act of 1937 (42 U.S.C.1437f) or (2) an inability to identify the successor, the agency may use funds that would have been used to pay the rental amount on behalf of the family--(i) to pay for utilities that are the responsibility of the owner under the lease or applicable law, after taking reasonable steps to notify the owner that it intends to make payments to a utility provider in lieu of payments to the owner, except prior notification shall not be required in any case in which the unit will be or has been rendered uninhabitable due to the termination or threat of termination of service, in which case the public housing agency shall notify the owner within a reasonable time after making such payment; or (ii) for the family’s reasonable moving costs, including security deposit costs: Provided further, That this paragraph shall not preempt any Federal, State or local law that provides more protections for tenants: Provided further, That of the funds made available under this heading, up to 1 percent shall be available for staffing, training, technical assistance, technology, monitoring, research and travel, enforcement, research and evaluation activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further, That any funds made available under this heading used by the Secretary for personnel expenses shall be transferred to and merged with funding providrelated to administering funding under this heading shall be transferred to ‘Personnel Compensation and Benefits, Office of Community Planning and Development’: Provided further, and shall retain the terms and conditions of this account, including reprogramming provisions, except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred to and merged with funding provided to ‘Administration, Operations, and Management’, for non-personnel expenses of the Department of Housing and Urban Development: Provided further, That any funds made available under this heading used by the Secretary for technology shall be transferred to and merged with the funding provided to ‘Working Capital Fund’.CommentsClose CommentsPermalink

For an additional amount for capital investments in low-income housing tax credit projects, $2,00250,000,000, to remain available until September 30, 2011:Provided, That the funds shall be allocated to States under the HOME program under this Heading shall be made available to State housing finance agencies in an amount totaling $2,000,000,000, subject to any changes made to a State allocation for the benefit of a State by the Secretary of Housing and Urban Development for areas that have suffered from disproportionate job loss and foreclosure: Provided further, That the Secretary, in consultation with the States, shall determine the amount of funds each State shall have available under HOME: Provided further, That the State housing finance agencies (including for purposes throughout this heading any entity that is responsible for distributing low-income housing tax credits) or as appropriate as an entity as a gap financer, Provided, That such funds shall be made available to State housing credit agencies, as defined in section 42(h) of the Internal Revenue Code of 1986, and shall be apportioned among the States based on the percentage of HOME funds apportioned to each State and the participating jurisdictions therein for Fiscal Year 2008: Provided further, That the housing credit agencies in each State shall distribute these funds competitively under this heading to housing developers for projects eligible for funding (such terms including those who may have received funding) under the low-income housing tax credit program as provided under section 42 of the I.R.C. of 1986, with a review of both the decisionmaking and process for the award by the Secretary of Housing and Urban Development: Provided further, That funds under this heading must be awarded by State housing finance agencies within 120 days of enactment of the Act and obligated by the developer of the and pursuant to their qualified allocation plan (as defined in section 42(m) of the Internal Revenue Code of 1986) to owners of projects who have received or receive simultaneously an award of low-income housing tax credit project within one year of the date of enactment of this Act, shall expend 75 percent of the funds within two years of the date on which the funds become available, and shall expend 100 percent of the funds within 3 years of such date: Provided further, That failure by a develops under section 42(h) of the Internal Revenue Code of 1986: Provided further, That housing credit agencies in each State shall commit not less than 75 percent of such funds within one year of the date of enactment of this Act, and shall demonstrate that the project owners shall have expended 75 percent of the funds made available under this heading within two years of the date of enactment of this Act, and shall have expended 100 percent of the funds within 3 years of the date of enactment of this Act: Provided further, That failure by an owner to expend funds within the parameters required within the previous proviso shall result in a redistribution of these funds by a State housing finance agency or by the Secretary if there is a more deserving project in another jurisdiction: Provided further, That projects awarded tax credits within 3 years prior to the date of enactment of this Acthousing credit agency to a more deserving project in such State, except any funds not expended after 3 years from enactment shall be redistributed by the Secretary to other States that have fully utilized the funds made available to them: Provided further, That projects awarded low income housing tax credits under section 42(h) of the IRC of 1986 in fiscal years 2007, 2008, or 2009 shall be eligible for funding under this heading: Provided further, That as part of the review, the Secretary shall ensure equitable distribution of funds and an appropriate balance in addressing the needs of urban and rural communities with a special priority on areas that have suffered from excessive job loss and foreclosures: Provided further, That State housing financehousing credit agencies shall give priority to projects that require an additional share of Federal funds in order to complete an overall funding package, and to projects that are expected to be completed within 3 years of enactment: Provided further, That any assistance provided to an eligible low-income housing tax credit project under this heading shall be made in the same manner and be subject to the same income housing tax credit project under this heading shall be made in the same manner and be subject to the same limitations (including rent, income, and use restrictions) as an allocation of the housing credit amount allocated by the State housing finance agency under section 42 of the I.R.C. of 1986, except that such assistance shall not be limited by, or otherwise affect (except as provided in subsection (h)(3)(J) of such section), the State housing finance agency applicable to such agency: Provided further, That the State housing finance, in lieu of corresponding limitations under the HOME program) as required by the state housing credit agency with respect to an award of low income housing credits under section 42 of the IRC of 1986: Provided further, That the housing credit agency shall perform asset management functions, or shall contract for the performance of such services, in either case, at the owner’s expense, to ensure compliance with section 42 of the I.R.C.RC of 1986, and the long term viability of buildings funded by assistance under this heading: Provided further, That the term eligible basis (as such term is defined in such section 42) of a qualified low-income housing tax credit building receiving assistance under this heading shall not be reduced by the amount of any grant described under this heading: Provided further, That the Secretary shall collect all information related to the award of Federal funds from state housing finance agencies andbe given access upon reasonable notice to a State housing credit agency to information related to the award of Federal funds from such housing credit agency pursuant to this heading and shall establish an iInternet site that shall identify all projects selected for an award, including the amount of the award as well as the process and all information that was used to make the award decision.Homelessness Prevention FundFor nd such site shall provide linkage to the housing credit agency allocation plan which describes the process that was used to make the award decision: Provided further, That in administering funds under this heading, the Secretary may waive any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds except for requirements imposed by this heading and requirements related to fair housing, non-discrimination, labor standards and the environment, upon a finding that such waiver is required to expedite the use of such funds: Provided further, That for purposes of environmental compliance review, funds under this heading that are made available to State housing credit agencies for distribution to projects awarded low income housing tax credits shall be treated as funds under the HOME program and shall be subject to Section 288 of the HOME Investment Partnership Act.CommentsClose CommentsPermalink

homelessness prevention fund

For homelessness prevention and rapid re-housing activities, $1,500,000,000, to remain available until September 30, 2011: Provided, That funds provided under this heading shall be used for the provision of short-term or medium-term rental assistance; housing relocation and stabilization services including housing search, mediation or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, and moving cost assistance; or other appropriate, and case management; or other appropriate activities for homelessness prevention activitiend rapid re-housing of persons who have become homeless: Provided further, That grantees receiving such assistance shall collect data on the use of the funds awarded and persons served with this assistance in the HUD Homeless Management Information System (HMIS‘HMIS’) or other comparable database: Provided further, That grantees may use up to 5 percent of any grant for administrative costs: Provided further, That funding made available under this heading shall be allocated to eligible grantees (as defined and designated in sections 411 and 412 of subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, (the ‘Act’)) pursuant to the formula authorized by section 413 of the Act: Provided further, That the Secretary may establish a minimum grant size: Provided further, That grantees shall expend at least 7560 percent of funds within 2 years of the date that funds became available to them for obligation, and 100 percent of funds within 3 years of such date, and the Secretary may recapture unexpended funds in violation of the 2-year expenditure requirement and reallocate such funds to grantees in compliance with that requirement: Provided further, That the Secretary may waive statutory or regulatory provisions (except provisions for fair housing, nondiscrimination, labor standards, and the environment) necessary to facilitate the timely expenditure of funds: Provided further, That the Secretary shall publish a notice to establish such requirements as may be necessary to carry out the provisions of this section within 30 days of enactment of the Act and that this is Act and that this notice shall take effect upon issuance: Provided further, That of the funds provided under this heading, up to 1.5 percent shall be available for staffing, training, technical assistance, technology, monitoring, research and evaluation activities: Provided further, That funds set aside under the previous proviso shall remain available until September 30, 2012: Provided further, That any funds made available under this heading used by the Secretary for personnel expense shall be transferred to and merged with funding provids related to administering funding under this heading shall be transferred to ‘Community Planning and Development Personnel Compensation and Benefits’: Provided further, and shall retain the terms and conditions of this account including reprogramming provisions except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred to and merged with funding provided to ‘Administration, Operations, and Management’ for non-personnel expenses of the Department of Housing and Urban Development: Provided further, That any funding made available under this heading used by the Secretary for technology shall be transferred to and merged with the funding provided to ‘Working Capital Fund.’CommentsClose CommentsPermalink

Assisted Housing Stability and Energy and Green Retrofit I Housing Programs

assisted housing stability and energy and green retrofit investments

For assistance to owners of properties receiving project-based assistance pursuant to section 202 of the Housing Act of 1959 (12 U.S.C. 17012), section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), or section 8 of the United States Housing Act of 1937 as amended (42 U.S.C. 1437f), $2,250,000,000, of which $2,132000,000,000 shall be for an additional amount for paragraph (1) under the heading ‘Project-Based Rental Assistance’ in Public Law 110-161 for payments to owners for 12-month periods, and of which $118250,000,000 shall be for grants or loans for energy retrofit and green investments in such assisted housing: Provided, That projects funded with grants or loans provided under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That such grants or loans shall be provided through the existing policies, procedures, contracts, and transactional infrastructure of the authorized programs administered by the Office of Affordable Housing Preservation of the Department of Housing and Urban Development, on such terms and conditions as the Secretary of Housing and Urban Development deems appropriate to ensure the maintenance and preservation of the property, the continued operation and maintenance of energy efficiency technologies, and the timely expenditure of funds: Provided further, That the Secretary may provide incentives to owners to undertake energy or green retrofits as a part of such grant or loan terms, including, but not limited to, investment fees to cover oversight and implementation costs incurredinvestment oversight and implementation by said owner, or to encourage job creation for low-income or very low-income individuals: Provided further, That the Secretary may share in a portion of future property utility savings resulting from improvements made by grants or loans made available under this heading: Provided further, That the grants or loans shall include a financial assessment and physical inspection of such property: Provided further, That eligible owners must have at least a satisfactory management review rating, be in substantial compliance with applicable performance standards and legal requirements, and commit to an additional period of affordability determined by the Secretary, but of not fewer than 15 years: Provided further, That the Secretary shall undertake appropriate underwriting and oversight with respect to grant and loan transactions and may set aside up to 5 percent of the funds made available under this heading for grants or loans for such purpose: Provided further, That the Secretary shall take steps necessary to ensure that owners receiving funding for energy and green retrofit investments under this heading shall expend such funding within 2 years of the date they received the funding: Provided further, That That in administering funds appropriated or otherwise made available under this heading, the Secretary may waive or modify statutory or regulatory requirements with respect to any existing grant, loan, or insurance mechanism authorized to be used by the Secretary to enable or facilitate the accomplishment of investments supported with funds made available under this heading for grants or loanspecify alternative requirements for any provision of any statute or regulation in connection with the obligation by the Secretary or the use of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That of the funds provided under this heading, up to 1.5 for grants and loans, up to 1 percent shall be available for staffing, training, technical assistance, technology, monitoring, research and evaluation activities: Provided further, That funding made available under this heading and used by the Secretary for personnel expenses shall be transferred to and merged with funding provids set aside in the previous proviso shall remain available until September 30, 2012: Provided further, That funding made available under this heading and used by the Secretary for personnel expenses related to administering funding under this heading shall be transferred to ‘Housing Personnel Compensation and Benefits’: Provided further, and shall retain the terms and conditions of this account including reprogramming provisos except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funding made available under this heading used by the Secretary for training and other administrative expenses shall be transferred to and merged with funding provided to ‘Administration, Operations and Management’ for non-personnel expenses of the Department of Housing and Urban Development: Provided further, That any funding made available under this heading used by the Secretary for technology shall be transferred to and merged with funding provided to ‘Working Capital Fund.’CommentsClose CommentsPermalink

Office of Healthy Homes and Lead Hazard Control and Healthy Homes

For an additional amount for the ‘Lead Hazard Reduction Program’, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and by sections 501 and 502 of the Housing and Urban Development Act of 1974, $100,000,000, to remain available until September 30, 2011:Provided, That funds shall be awarded first to applicant jurisdictions which had applied under the Lead-Based Paint Provided, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of law that further the purposes of such Act, a grant under the Healthy Homes Initiative, Operation Lead Elimination Action Plan (LEAP), or the Lead Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special project for purposes of section 305(e) of the Multifamily Housing Property Disposition Reform Act of 1994: Provided further, That funds shall be awarded first to applicants which had applied under the Lead Hazard Control Grant Program NoticeReduction Program Notices of Funding Availability for fiscal year 2008, and were found in the application review to be qualified for award, but were not awarded because of funding limitations, and that any funds which remain after reservation of funds for such grants shall be added to the amount of funds to be awarded under the Lead-Based Paint Hazard Control Grant Program NoticeReduction Program Notices of Funding Availability for fiscal year 2009: Provided further, That each applicant jurisdiction for the Lead-Based Paint Hazard control Grant Program Noticefor the Lead Hazard Program Notices of Funding Availability for fiscal year 2009 shall submit a detailed plan and strategy that demonstrates adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds: Provided further, That recipients of funds under this heading shall obligate 100 percent of such funds within 1 year of the date of enactment of this Act, expend at least 75 percent of such funds within 2 years of the date on which funds expend at least 50 percent of such funds within 2 years of the date on which funds become available to such jurisdictions for obligation, and expend 100 percent of such funds within 3 years of such date: Provided further, That if a recipient fails to comply with either the 1-year obligation requirement or the 2-year expenditure requirement, the Secretary shall recapture all remaining funds awarded to the recipient and reallocate such funds to recipients that are in compliance with those requirements: Provided further, That if a recipient fails to comply with the 3-year expenditure requirement, the Secretary shall recapture the balance of the funds awarded to the recipient: Provided further, That in administering funds provided in this heading, the Secretary may waive any provision of anyappropriated or otherwise made available under this heading, the Secretary may waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds except for requirements imposed by this heading andof these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that such waiver is required to facilitate the timely use of such funds and would not be inconsistent with the overall purpose of the statute or regulation: Provided further, That, of the funds made available under this heading, up to 1 and the environment), upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds: Provided further, That of the funds made available under this heading, up to .5 percent shall be available for staffing, training, technical assistance, technology, monitoring, research and travel, enforcement, research and evaluation activities: Provided further, That funds set aside in the previous proviso shall remain available until September 30, 2012: Provided further, That any funds made available under this heading used by the Secretary for personnel expenses shall be transferred to and merged with funding providrelated to administering funding under this heading shall be transferred to ‘Personnel Compensation and Benefits, Office of Healthy Homes and Lead Hazard Control’: Provided further, and Healthy Homes’ and shall retain the terms and conditions of this account, including reprogramming provisions, except that the period of availability set forth in the previous proviso shall govern such transferred funds: Provided further, That any funds made available under this heading used by the Secretary for training or other administrative expenses shall be transferred to and merged with funding provided to ‘Administration, Operations, and Management’, for non-personnel expenses of the Department of Housing and Urban Development: Provided further, That any funds made available under this heading used by the Secretary for technology shall be transferred to and merged with the funding provided to ‘Working Capital Fund’.CommentsClose CommentsPermalink

Office of Inspector G Management and Administration

office of inspector general

For an additional amount for the necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $2,750,000, to remain available until September 30, 2011, and an additional $12,250,000 for such purposes15,000,000, to remain available until September 30, 2012:Provided, That the Inspector General shall have 3: Provided, That the Inspector General shall have independent authority over all personnel issues within this office.CommentsClose CommentsPermalink

TITLE XIII--HEALTH INFORMATION TECHNOLOGYCommentsClose CommentsPermalink

SEC. 13001. SHORT TITLE; TABLE OF CONTENTS OF TITLE.

This title(a) Short Title- This title (and title IV of division B) may be cited as the ‘Health Information Technology for Economic and Clinical Health Act’ or the ‘HITECH Act’.CommentsClose CommentsPermalink





(b) Table of Contents of Title- The table of contents of this title is as follows:CommentsClose CommentsPermalink





Sec. 13001. Short title; table of contents of title.CommentsClose CommentsPermalink

Subtitle A--Promotion of Health Information Technology

PART Iart 1--Improving Health Care Quality, Safety, and Efficiency

PART 1--IMPROVING HEALTH CARE QUALITY, SAFETY, AND EFFICIENCY

SEC. 13101. ONCHIT; STANDARDS DEVELOPMENT AND ADOPTION.

The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE XXX--HEALTH INFORMATION TECHNOLOGY AND QUALITYCommentsClose CommentsPermalink

‘SEC. 3000. DEFINITIONS.

‘In this title:CommentsClose CommentsPermalink





‘(1) CERTIFIED EHR TECHNOLOGY- The term ‘certified EHR technology’ means a qualified electronic health record and that is certified pursuant to section 3001(c)(5) as meeting standards adopted under section 3004 that are applicable to the type of record involved (as determined by the Secretary, such as an ambulatory electronic health record for office-based physicians or an inpatient hospital electronic health record for hospitals).CommentsClose CommentsPermalink





‘(2) ENTERPRISE INTEGRATION- The term ‘enterprise integration’ means the electronic linkage of health care providers, health plans, the government, and other interested parties, to enable the electronic exchange and use of health information among all the components in the health care infrastructure in accordance with applicable law, and such term includes related application protocols and other related standards.CommentsClose CommentsPermalink





‘(3) HEALTH CARE PROVIDER- The term ‘health care provider’ meanincludes a hospital, skilled nursing facility, nursing facility, home health entity, or other long- or other long term care facility, health care clinic, community mental health center (as defined in section 1913(b)(1)), renal dialysis facility, blood center, ambulatory surgical center described in section 1833(i) of the Social Security Act, emergency medical services provider, Federally qualified health center, group practice (as defined in section 1877(h)(4) of the Social Security Act), a pharmacist, a pharmacy, a laboratory, a physician (as defined in section 1861(r) of the Social Security Act), a practitioner (as described in section 1842(b)(18)(C) of the Social Security Act), a provider operated by, or under contract with, the Indian Health Service or by an Indian tribe (as defined in the Indian Self-Determination and Education Assistance Act), tribal organization, or urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act), a rural health clinic, a covered entity under section 340B, and any other category of facility ambulatory surgical center described in section 1833(i) of the Social Security Act, a therapist (as defined in section 1848(k)(3)(B)(iii) of the Social Security Act), and any other category of health care facility, entity, practitioner, or clinician determined appropriate by the Secretary.CommentsClose CommentsPermalink





‘(4) HEALTH INFORMATION- The term ‘health information’ has the meaning given such term in section 1171(4) of the Social Security Act.CommentsClose CommentsPermalink





‘(5) HEALTH INFORMATION TECHNOLOGY- The term ‘health information technology’ includemeans hardware, software, integrated technologies andor related licenses, intellectual property, upgrades, andor packaged solutions sold as services for use by health care entities for the electronic that are designed for or support the use by health care entities or patients for the electronic creation, maintenance, access or exchange of health information., or exchange of health informationCommentsClose CommentsPermalink





‘(6) HEALTH PLAN- The term ‘health plan’ has the meaning given such term in section 1171(5) of the Social Security Act.CommentsClose CommentsPermalink





‘(7) HIT POLICY COMMITTEE- The term ‘HIT Policy Committee’ means such Committee established under section 3002(a).CommentsClose CommentsPermalink





‘(8) HIT STANDARDS COMMITTEE- The term ‘HIT Standards Committee’ means such Committee established under section 3003(a).CommentsClose CommentsPermalink





‘(9) INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION- The term ‘individually identifiable health information’ has the meaning given such term in section 1171(6) of the Social Security Act.CommentsClose CommentsPermalink





‘(10) LABORATORY- The term ‘laboratory’ has the meaning given such term in section 353(a).CommentsClose CommentsPermalink





‘(11) NATIONAL COORDINATOR- The term ‘National Coordinator’ means the head of the Office of the National Coordinator for Health Information Technology established under section 3001(a).CommentsClose CommentsPermalink





‘(12) PHARMACIST- The term ‘pharmacist’ has the meaning given such term in section 804(2) of the Federal Food, Drug, and Cosmetic Act.CommentsClose CommentsPermalink





‘(13) QUALIFIED ELECTRONIC HEALTH RECORD- The term ‘qualified electronic health record’ means an electronic record of health-related information on an individual that--CommentsClose CommentsPermalink





‘(A) includes patient demographic and clinical health information, such as medical history and problem lists; andCommentsClose CommentsPermalink





‘(B) has the capacity--CommentsClose CommentsPermalink





‘(i) to provide clinical decision support;CommentsClose CommentsPermalink





‘(ii) to support physician order entry;CommentsClose CommentsPermalink





‘(iii) to capture and query information relevant to health care quality; andCommentsClose CommentsPermalink





‘(iv) to exchange electronic health information with, and integrate such information from other sources.CommentsClose CommentsPermalink





‘(14) STATE- The term ‘State’ means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.CommentsClose CommentsPermalink

‘Subtitle A--Promotion of Health Information TechnologyCommentsClose CommentsPermalink

‘SEC. 3001. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY.

‘(a) Establishment- There is established within the Department of Health and Human Services an Office of the National Coordinator for Health Information Technology (referred to in this section as the ‘Office’). The Office shall be headed by a National Coordinator who shall be appointed by the Secretary and shall report directly to the Secretary.CommentsClose CommentsPermalink





‘(b) Purpose- The National Coordinator shall perform the duties under subsection (c) in a manner consistent with the development of a nationwide health information technology infrastructure that allows for the electronic use and exchange of information and that--CommentsClose CommentsPermalink





‘(1) ensures that each patient’s health information is secure and protected, in accordance with applicable law;CommentsClose CommentsPermalink





‘(2) improves health care quality, reduces medical errors, reduces health disparities, and advances the delivery of patient-centered medical care;CommentsClose CommentsPermalink





‘(3) reduces health care costs resulting from inefficiency, medical errors, inappropriate care, duplicative care, and incomplete information;CommentsClose CommentsPermalink





‘(4) provides appropriate information to help guide medical decisions at the time and place of care;CommentsClose CommentsPermalink





‘(5) ensures the inclusion of meaningful public input in such development of such infrastructure;CommentsClose CommentsPermalink





‘(6) improves the coordination of care and information among hospitals, laboratories, physician offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information;CommentsClose CommentsPermalink





‘(7) improves public health activities and facilitates the early identification and rapid response to public health threats and emergencies, including bioterror events and infectious disease outbreaks;CommentsClose CommentsPermalink





‘(8) facilitates health and clinical research and health care quality;CommentsClose CommentsPermalink





‘(9) promotes early detection, prevention, and management of chronic diseases;CommentsClose CommentsPermalink





‘(10) promotes a more effective marketplace, greater competition, greater systems analysis, increased consumer choice, and improved outcomes in health care services; andCommentsClose CommentsPermalink





‘(11) improves efforts to reduce health disparities.CommentsClose CommentsPermalink





‘(c) Duties of the National Coordinator-CommentsClose CommentsPermalink





‘(1) STANDARDS- The National Coordinator shall--CommentsClose CommentsPermalink





‘(A) review and determine whether to endorse each standard, implementation specification, and certification criterion for the electronic exchange and use of health information that is recommended by the HIT Standards Committee under section 3003 for purposes of adoption under section 3004;CommentsClose CommentsPermalink





‘(B) make such determinations under subparagraph (A), and report to the Secretary such determinations, not later than 45 days after the date the recommendation is received by the Coordinator;‘(C) andCommentsClose CommentsPermalink





‘(C) review Federal health information technology investments to ensure that Federal health information technology programs are meeting the objectives of the strategic plan published under paragraph (3); and‘(D) provide comments and advice regarding specific Federal health information technology programs, at the request of the Office of Management and Budget.CommentsClose CommentsPermalink





‘(2) HIT POLICY COORDINATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The National Coordinator shall coordinate health information technology policy and programs of the Department with those of other relevant executive branch agencies with a goal of avoiding duplication of efforts and of helping to ensure that each agency undertakes health information technology activities primarily within the areas of its greatest expertise and technical capability and in a manner towards a coordinated national goal.CommentsClose CommentsPermalink





‘(B) HIT POLICY AND STANDARDS COMMITTEES- The National Coordinator shall be a leading member in the establishment and operations of the HIT Policy Committee and the HIT Standards Committee and shall serve as a liaison among those two Committees and the Federal Government.CommentsClose CommentsPermalink





‘(3) STRATEGIC PLAN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The National Coordinator shall, in consultation with other appropriate Federal agencies (including the National Institute of Standards and Technology), update the Federal Health IT Strategic Plan (developed as of June 3, 2008) to include specific objectives, milestones, and metrics with respect to the following:CommentsClose CommentsPermalink





‘(i) The electronic exchange and use of health information and the enterprise integration of such information.CommentsClose CommentsPermalink





‘(ii) The utilization of an electronic health record for each person in the United States by 2014.CommentsClose CommentsPermalink





‘(iii) The incorporation of privacy and security protections for the electronic exchange of an individual’s individually identifiable health information.CommentsClose CommentsPermalink





‘(iv) Ensuring security methods to ensure appropriate authorization and electronic authentication of health information and specifying technologies or methodologies for rendering health information unusable, unreadable, or indecipherable.CommentsClose CommentsPermalink





‘(v) Specifying a framework for coordination and flow of recommendations and policies under this subtitle among the Secretary, the National Coordinator, the HIT Policy Committee, the HIT Standards Committee, and other health information exchanges and other relevant entities.CommentsClose CommentsPermalink





‘(vi) Methods to foster the public understanding of health information technology.CommentsClose CommentsPermalink





‘(vii) Strategies to enhance the use of health information technology in improving the quality of health care, reducing medical errors, reducing health disparities, improving public health, increasing prevention and coordination with community resources, and improving the continuity of care among health care settings.CommentsClose CommentsPermalink





‘(viii) Specific plans for ensuring that populations with unique needs, such as children, are appropriately addressed in the technology design, as appropriate, which may include technology that automates enrollment and retention for eligible individuals.CommentsClose CommentsPermalink





‘(B) COLLABORATION- The strategic plan shall be updated through collaboration of public and private entities.CommentsClose CommentsPermalink





‘(C) MEASURABLE OUTCOME GOALS- The strategic plan update shall include measurable outcome goals.CommentsClose CommentsPermalink





‘(D) PUBLICATION- The National Coordinator shall republish the strategic plan, including all updates.CommentsClose CommentsPermalink





‘(4) WEBSITE- The National Coordinator shall maintain and frequently update an Internet website on which there is posted information on the work, schedules, reports, recommendations, and other information to ensure transparency in promotion of a nationwide health information technology infrastructure.CommentsClose CommentsPermalink





‘(5) HARMONIZATION- The Secretary may recognize an entity or entities for the purpose of harmonizing or updating standards and implementation specifications in order to achieve uniform and consistent implementation of the standards and implementation specifications.‘(6) CERTIFICATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The National Coordinator, in consultation with the Director of the National Institute of Standards and Technology, shall keep or recognize a program or programs for the voluntary certification of health information technology as being in compliance with applicable certification criteria adopted under this subtitle. Such program shall include, as appropriate, testing of the technology in accordance with section 143201(b) of the Health Information Technology for Economic and Clinical Health Act.CommentsClose CommentsPermalink





‘(B) CERTIFICATION CRITERIA DESCRIBED- In this title, the term ‘certification criteria’ means, with respect to standards and implementation specifications for health information technology, criteria to establish that the technology meets such standards and implementation specifications.CommentsClose CommentsPermalink





‘(6) REPORTS AND PUBLICATIONS-CommentsClose CommentsPermalink





‘(A) REPORT ON ADDITIONAL FUNDING OR AUTHORITY NEEDED- Not later than 12 months after the date of the enactment of this title, the National Coordinator shall submit to the appropriate committees of jurisdiction of the House of Representatives and the Senate a report on any additional funding or authority the Coordinator or the HIT Policy Committee or HIT Standards Committee requires to evaluate and develop standards, implementation specifications, and certification criteria, or to achieve full participation of stakeholders in the adoption of a nationwide health information technology infrastructure that allows for the electronic use and exchange of health information.CommentsClose CommentsPermalink





‘(B) IMPLEMENTATION REPORT- The National Coordinator shall prepare a report that identifies lessons learned from major public and private health care systems in their implementation of health information technology, including information on whether the technologies and practices developed by such systems may be applicable to and usable in whole or in part by other health care providers.CommentsClose CommentsPermalink





‘(C) ASSESSMENT OF IMPACT OF HIT ON COMMUNITIES WITH HEALTH DISPARITIES AND UNINSURED, UNDERINSURED, AND MEDICALLY UNDERSERVED AREAS- The National Coordinator shall assess and publish the impact of health information technology in communities with health disparities and in areas with a high proportion of individuals who are uninsured, underinsured, and medically underserved individuals (including urban and rural areas) and identify practices to increase the adoption of such technology by health care providers in such communities, and the use of health information technology to reduce and better manage chronic diseases.CommentsClose CommentsPermalink





‘(D) EVALUATION OF BENEFITS AND COSTS OF THE ELECTRONIC USE AND EXCHANGE OF HEALTH INFORMATION- The National Coordinator shall evaluate and publish evidence on the benefits and costs of the electronic use and exchange of health information and assess to whom these benefits and costs accrue.CommentsClose CommentsPermalink





‘(E) RESOURCE REQUIREMENTS- The National Coordinator shall estimate and publish resources required annually to reach the goal of utilization of an electronic health record for each person in the United States by 2014, including--CommentsClose CommentsPermalink





(i) the required level of Federal funding;

‘(i) the required level of Federal funding; CommentsClose CommentsPermalink




‘(ii) expectations for regional, State, and private investment;CommentsClose CommentsPermalink





‘(iii) the expected contributions by volunteers to activities for the utilization of such records; andCommentsClose CommentsPermalink





‘(iv) the resources needed to establish or expand education programs in medical and health informatics and health information management to train health care and information technology students and provide a health information technology workforce sufficient to ensure the rapid and effective deployment and utilization of health information technologiessupport this effort (including education programs in medical informatics and health information management).CommentsClose CommentsPermalink





‘(7) ASSISTANCE- The National Coordinator may provide financial assistance to consumer advocacy groups and not-for-profit entities that work in the public interest for purposes of defraying the cost to such groups and entities to participate under, whether in whole or in part, the National Technology Transfer Act of 1995 (15 U.S.C. 272 note).CommentsClose CommentsPermalink





‘(8) GOVERNANCE FOR NATIONWIDE HEALTH INFORMATION NETWORK- The National Coordinator shall establish a governance mechanism for the nationwide health information network.CommentsClose CommentsPermalink





‘(d) Detail of Federal Employees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Upon the request of the National Coordinator, the head of any Federal agency is authorized to detail, with or without reimbursement from the Office, any of the personnel of such agency to the Office to assist it in carrying out its duties under this section.CommentsClose CommentsPermalink





‘(2) EFFECT OF DETAIL- Any detail of personnel under paragraph (1) shall--CommentsClose CommentsPermalink





‘(A) not interrupt or otherwise affect the civil service status or privileges of the Federal employee; andCommentsClose CommentsPermalink





‘(B) be in addition to any other staff of the Department employed by the National Coordinator.CommentsClose CommentsPermalink





‘(3) ACCEPTANCE OF DETAILEES- Notwithstanding any other provision of law, the Office may accept detailed personnel from other Federal agencies without regard to whether the agency described under paragraph (1) is reimbursed.CommentsClose CommentsPermalink





‘(e) Chief Privacy Officer of the Office of the National Coordinator- Not later than 12 months after the date of the enactment of this title, the Secretary shall appoint a Chief Privacy Officer of the Office of the National Coordinator, whose duty it shall be to advise the National Coordinator on privacy, security, and data stewardship of electronic health information and to coordinate with other Federal agencies (and similar privacy officers in such agencies), with State and regional efforts, and with foreign countries with regard to the privacy, security, and data stewardship of electronic individually identifiable health information.CommentsClose CommentsPermalink

‘SEC. 3002. HIT POLICY COMMITTEE.

‘(a) Establishment- There is established a HIT Policy Committee to make policy recommendations to the National Coordinator relating to the implementation of a nationwide health information technology infrastructure, including implementation of the strategic plan described in section 3001(c)(3).CommentsClose CommentsPermalink





‘(b) Duties-CommentsClose CommentsPermalink





‘(1) RECOMMENDATIONS ON HEALTH INFORMATION TECHNOLOGY INFRASTRUCTURE- The HIT Policy Committee shall recommend a policy framework for the development and adoption of a nationwide health information technology infrastructure that permits the electronic exchange and use of health information as is consistent with the strategic plan under section 3001(c)(3) and that includes the recommendations under paragraph (2). The Committee shall update such recommendations and make new recommendations as appropriate.CommentsClose CommentsPermalink





‘(2) SPECIFIC AREAS OF STANDARD DEVELOPMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The HIT Policy Committee shall recommend the areas in which standards, implementation specifications, and certification criteria are needed for the electronic exchange and use of health information for purposes of adoption under section 3004 and shall recommend an order of priority for the development, harmonization, and recognition of such standards, specifications, and certification criteria among the areas so recommended. Such standards and implementation specifications shall include named standards, architectures, and software schemes for the authentication and security of individually identifiable health information and other information as needed to ensure the reproducible development of common solutions across disparate entities.CommentsClose CommentsPermalink





‘(B) AREAS REQUIRED FOR CONSIDERATION- For purposes of subparagraph (A), the HIT Policy Committee shall make recommendations for at least the following areas:CommentsClose CommentsPermalink





‘(i) Technologies that protect the privacy of health information and promote security in a qualified electronic health record, including for the segmentation and protection from disclosure of specific and sensitive individually identifiable health information with the goal of minimizing the reluctance of patients to seek care (or disclose information about a condition) because of privacy concerns, in accordance with applicable law, and for the use and disclosure of limited data sets of such information.CommentsClose CommentsPermalink





‘(ii) A nationwide health information technology infrastructure that allows for the electronic use and accurate exchange of health information.CommentsClose CommentsPermalink





‘(iii) The utilization of a certified electronic health record for each person in the United States by 2014.CommentsClose CommentsPermalink





‘(iv) Technologies that as a part of a qualified electronic health record allow for an accounting of disclosures made by a covered entity (as defined for purposes of regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996) for purposes of treatment, payment, and health care operations (as such terms are defined for purposes of such regulations).CommentsClose CommentsPermalink





‘(v) The use of certified electronic health records to improve the quality of health care, such as by promoting the coordination of health care and improving continuity of health care among health care providers, by reducing medical errors, by improving population health, by reducing health disparities, by reducing chronic disease, and by advancing research and education.CommentsClose CommentsPermalink





‘(vi) The use of electronic echnologies that allow individually identifiable health information to be rendered unusable, unreadable, or indecipherable to unauthorized individuals when such information is transmitted in the nationwide health information network or physically transported outside of the secured, physical perimeter of a health care provider, health plan, or health care clearinghouse.CommentsClose CommentsPermalink





‘(vii) The use of electronic systems to ensure the comprehensive collection of patient demographic data, including, at a minimum, race, ethnicity, primary language, and gender information.CommentsClose CommentsPermalink





‘(vii) Technologies and design featuri) Technologies that address the needs of children and other vulnerable populations.CommentsClose CommentsPermalink





‘(C) OTHER AREAS FOR CONSIDERATION- In making recommendations under subparagraph (A), the HIT Policy Committee may consider the following additional areas:CommentsClose CommentsPermalink





‘(i) The appropriate uses of a nationwide health information infrastructure, including for purposes of--CommentsClose CommentsPermalink





‘(I) the collection of quality data and public reporting;CommentsClose CommentsPermalink





‘(II) biosurveillance and public health;CommentsClose CommentsPermalink





‘(III) medical and clinical research; andCommentsClose CommentsPermalink





‘(IV) drug safety.CommentsClose CommentsPermalink





‘(ii) Self-service technologies that facilitate the use and exchange of patient information and reduce wait times.CommentsClose CommentsPermalink





‘(iii) Telemedicine technologies, in order to reduce travel requirements for patients in remote areas.CommentsClose CommentsPermalink





‘(iv) Technologies that facilitate home health care and the monitoring of patients recuperating at home.CommentsClose CommentsPermalink





‘(v) Technologies that help reduce medical errors.CommentsClose CommentsPermalink





‘(vi) Technologies that facilitate the continuity of care among health settings.CommentsClose CommentsPermalink





‘(vii) Technologies that meet the needs of diverse populations.CommentsClose CommentsPermalink





‘(viii) Methods to facilitate secure access by an individual to such individual’s protected health information.CommentsClose CommentsPermalink





‘(ix) Methods, guidelines, and safeguards to facilitate secure access to patient information by a family member, caregiver, or guardian acting on behalf of a patient due to age-related and other disability, cognitive impairment, or dementia that prevents a patient from accessing the patient’s individually identifiable health information.CommentsClose CommentsPermalink





‘(x) Any other technology that the HIT Policy Committee finds to be among the technologies with the greatest potential to improve the quality and efficiency of health care.CommentsClose CommentsPermalink





‘(3) FORUM- The HIT Policy Committee shall serve as a forum for broad stakeholder input with specific expertise in policies relating to the matters described in paragraphs (1) and (2).CommentsClose CommentsPermalink





‘(4) CONSISTENCY WITH EVALUATION CONDUCTED UNDER MIPPA-CommentsClose CommentsPermalink





‘(A) REQUIREMENT FOR CONSISTENCY- The HIT Policy Committee shall ensure that recommendations made under paragraph (2)(B)(vi) are consistent with the evaluation conducted under section 1809(a) of the Social Security Act.CommentsClose CommentsPermalink





‘(B) SCOPE- Nothing in subparagraph (A) shall be construed to limit the recommendations under paragraph (2)(B)(vi) to the elements described in section 1809(a)(3) of the Social Security Act.CommentsClose CommentsPermalink





‘(C) TIMING- The requirement under subparagraph (A) shall be applicable to the extent that evaluations have been conducted under section 1809(a) of the Social Security Act, regardless of whether the report described in subsection (b) of such section has been submitted.CommentsClose CommentsPermalink





‘(c) Membership and Operations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The National Coordinator shall provide leadershiptake a leading position in the establishment and operations of the HIT Policy Committee.CommentsClose CommentsPermalink





‘(2) MEMBERSHIP- The HIT Policy Committee shall be composed of members to be appointed as follows:CommentsClose CommentsPermalink





‘(A) One member shall be appointed by the Secretary.

‘(B) One member shall be appointed by the Secretary of Veterans Affairs who shall represent the Department of Veterans Affairs.

‘(C) One member shall be appointed by the Secretary of Defense who shall3 members shall be appointed by the Secretary, 1 of whom shall be appointed to represent the Department of Defense.‘(D) OneHealth and Human Services and 1 of whom shall be a public health official.CommentsClose CommentsPermalink




‘(B) 1 member shall be appointed by the Majority Leader of the Senate.‘(E) Onemajority leader of the Senate.CommentsClose CommentsPermalink





‘(C) 1 member shall be appointed by the Minority Leader of the Senate.‘(F) Oneminority leader of the Senate.CommentsClose CommentsPermalink





‘(D) 1 member shall be appointed by the Speaker of the House of Representatives.CommentsClose CommentsPermalink





‘(G) OneE) 1 member shall be appointed by the Minority Leader of the House of Representatives.‘(H) Elevenminority leader of the House of Representatives.CommentsClose CommentsPermalink





‘(F) Such other members as shall be appointed by the President as representatives of other relevant Federal agencies.CommentsClose CommentsPermalink





‘(G) 13 members shall be appointed by the Comptroller General of the United States, of whom--CommentsClose CommentsPermalink





‘(i) three members shall represent3 members shall advocates for patients or consumers;CommentsClose CommentsPermalink





‘(ii) one member2 members shall represent health care providers;‘(iii) one, one of which shall be a physician;CommentsClose CommentsPermalink





‘(iii) 1 member shall be from a labor organization representing health care workers;CommentsClose CommentsPermalink





‘(iv) one member shall have expertise in 1 member shall have expertise in health information privacy and security;CommentsClose CommentsPermalink





‘(v) one1 member shall have expertise in improving the health of vulnerable populations;CommentsClose CommentsPermalink





‘(vi) one1 member shall be from the research community;CommentsClose CommentsPermalink





‘(vii) 1 member shall represent health plans or other third -party payers;CommentsClose CommentsPermalink





‘(vii) one member shall i) 1 member shall represent information technology vendors;CommentsClose CommentsPermalink





‘(viii) oneix) 1 member shall represent purchasers or employers; andCommentsClose CommentsPermalink





‘(ix) one member shall have x) 1 member shall have expertise in health care quality measurement and reporting.CommentsClose CommentsPermalink





‘(3) CHAIRPERSON AND VICE CHAIRPERSON- The HIT Policy Committee shall designate one member to serve as the chairperson and one member to serve as the vice chairperson of the Policy Committee.

‘(4) NATIONAL COORDINATOR- The National Coordinator shall serve as a member of the HIT Policy Committee and act as a liaison among the HIT Policy Committee, the HIT Standards Committee, and the Federal Government.

‘(5) PARTICIPATION- The members of the HIT Policy Committee appointed under paragraph (2) shall represent a balance among various sectors of the health care system so that no single sector unduly influences the recommendations of the Policy Committee.CommentsClose CommentsPermalink




‘(64) TERMS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The terms of the members of the HIT Policy Committee shall be for 3 years, except that the Comptroller General shall designate staggered terms for the members first appointed.CommentsClose CommentsPermalink





‘(B) VACANCIES- Any member appointed to fill a vacancy in the membership of the HIT Policy Committee that occurs prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has been appointed. A vacancy in the HIT Policy Committee shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink





‘(75) OUTSIDE INVOLVEMENT- The HIT Policy Committee shall ensure an adequate opportunity for the participation in activities of the Committee of outside advisors, including individuals with expertise in--

‘(A) health information privacy and security;

‘(B) improving the health of vulnerable populations;

‘(C) health care quality and patient safety, including individuals with expertise in the measurement and use of health information technology to capture data to improve health care quality and patient safety;

‘(D) long-term care and aging services;

‘(E) medical and clinical research; and

‘(F) data exchange and developing health information technology standards and new health information technology.

‘(8) QUORUM- Ten members the development of policies for the electronic exchange and use of health information, including in the areas of health information privacy and security.CommentsClose CommentsPermalink




‘(6) QUORUM- A majority of the member of the HIT Policy Committee shall constitute a quorum for purposes of voting, but a lesser number of members may meet and hold hearings.CommentsClose CommentsPermalink





‘(97) FAILURE OF INITIAL APPOINTMENT- If, on the date that is 45 days after the date of enactment of this title, an official authorized under paragraph (2) to appoint one or more members of the HIT Policy Committee has not appointed the full number of members that such paragraph authorizes such official to appoint--

‘(A) the number of members that such official is authorized to appoint shall be reduced to the number that such official has appointed as of that date; and

‘(B) the number prescribed in paragraph (8) as the quorum shall be reduced to the smallest whole number that is greater than one-half of the total number of members who have been appointed as of that date.

‘(10), the Secretary is authorized to appoint such members.CommentsClose CommentsPermalink




‘(8) CONSIDERATION- The National Coordinator shall ensure that the relevant recommendations and available recommendations and comments from the National Committee on Vital and Health Statistics are considered in the development of policies.CommentsClose CommentsPermalink





‘(d) Application of FacaACA- The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of such Act, shall apply to the HIT Policy Committee.CommentsClose CommentsPermalink





‘(e) Publication- The Secretary shall provide for publication in the Federal Register and the posting on the Internet website of the Office of the National Coordinator for Health Information Technology of all policy recommendations made by the HIT Policy Committee under this section.CommentsClose CommentsPermalink

‘SEC. 3003. HIT STANDARDS COMMITTEE.

‘(a) Establishment- There is established a committee to be known as the HIT Standards Committee to recommend to the National Coordinator standards, implementation specifications, and certification criteria for the electronic exchange and use of health information for purposes of adoption under section 3004, consistent with the implementation of the strategic plan described in section 3001(c)(3) and beginning with the areas listed in section 3002(b)(2)(B) in accordance with policies developed by the HIT Policy Committee.CommentsClose CommentsPermalink





‘(b) Duties-CommentsClose CommentsPermalink





‘(1) STANDARDS DEVELOPMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The HIT Standards Committee shall recommend to the National Coordinator standards, implementation specifications, and certification criteria described in subsection (a) that have been developed, harmonized, or recognized by the HIT Standards Committee. The HIT Standards Committee shall update such recommendations and make new recommendations as appropriate, including in response to a notification sent under section 3004(b)(2a)(2)(B). Such recommendations shall be consistent with the latest recommendations made by the HIT Policy Committee.CommentsClose CommentsPermalink





‘(B) HARMONIZATION- The HIT Standards Committee recognize harmonized or updated standards from an entity or entities for the purpose of harmonizing or updating standards and implementation specifications in order to achieve uniform and consistent implementation of the standards and implementation specifications.CommentsClose CommentsPermalink





‘(C) PILOT TESTING OF STANDARDS AND IMPLEMENTATION SPECIFICATIONS- In the development, harmonization, or recognition of standards and implementation specifications, the HIT Standards Committee shall, as appropriate, provide for the testing of such standards and specifications by the National Institute for Standards and Technology under section 142013201(a) of the Health Information Technology for Economic and Clinical Health Act.CommentsClose CommentsPermalink





‘(CD) CONSISTENCY- The standards, implementation specifications, and certification criteria recommended under this subsection shall be consistent with the standards for information transactions and data elements adopted pursuant to section 1173 of the Social Security Act.CommentsClose CommentsPermalink





‘(2) FORUM- The HIT Standards Committee shall serve as a forum for the participation of a broad range of stakeholders to provide input on the development, harmonization, and recognition of standards, implementation specifications, and certification criteria necessary for the development and adoption of a nationwide health information technology infrastructure that allows for the electronic use and exchange of health information.CommentsClose CommentsPermalink





‘(3) SCHEDULE- Not later than 90 days after the date of the enactment of this title, the HIT Standards Committee shall develop a schedule for the assessment of policy recommendations developed by the HIT Policy Committee under section 3002. The HIT Standards Committee shall update such schedule annually. The Secretary shall publish such schedule in the Federal Register.CommentsClose CommentsPermalink





‘(4) PUBLIC INPUT- The HIT Standards Committee shall conduct open public meetings and develop a process to allow for public comment on the schedule described in paragraph (3) and recommendations described in this subsection. Under such process comments shall be submitted in a timely manner after the date of publication of a recommendation under this subsection.CommentsClose CommentsPermalink





‘(5) CONSIDERATION- The National Coordinator shall ensure that the relevant recommendations and available recommendations and comments from the National Committee on Vital and Health Statistics are considered in the development of standards.CommentsClose CommentsPermalink





‘(c) Membership and Operations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The National Coordinator shall provide leadershiptake a leading position in the establishment and operations of the HIT Standards Committee.CommentsClose CommentsPermalink





‘(2) MEMBERSHIP- The membership of the HIT Standards Committee shall at least reflect providers, ancillary healthcare workers, consumers, purchasers, health plans, technology vendors, researchers, relevant Federal agencies, and individuals with technical expertise on health care quality, privacy and security, and on the electronic exchange and use of health information.CommentsClose CommentsPermalink





‘(3) BROAD PARTICIPATION- There is broad participation in the HIT Standards Committee by a variety of public and private stakeholders, either through membership in the Committee or through another meansPARTICIPATION- The members of the HIT Standards Committee appointed under this subsection shall represent a balance among various sectors of the health care system so that no single sector unduly influences the recommendations of such Committee.CommentsClose CommentsPermalink





‘(4) CHAIRPERSON; VICE CHAIRPERSON- The HIT Standards Committee may designate one member to serve as the chairperson and one member to serve as the vice chairpersonOUTSIDE INVOLVEMENT- The HIT Policy Committee shall ensure an opportunity for the participation in activities of the Committee of outside advisors, including individuals with expertise in the development of standards for the electronic exchange and use of health information, including in the areas of health information privacy and security.CommentsClose CommentsPermalink





‘(5) DEPARTMENT MEMBERSHIP- The Secretary shall be a member of the HIT Standards Committee. The National Coordinator shall act as a liaison among the HIT Standards Committee, the HIT Policy Committee, and the Federal Government.‘(6) BALANCE AMONG SECTORS- In developing the procedures for conducting the activities of the HIT Standards Committee, the HIT Standards Committee shall act to ensure a balance among various sectors of the health care system so that no single sector unduly influences the actions of the HIT Standards Committee.CommentsClose CommentsPermalink





‘(76) ASSISTANCE- For the purposes of carrying out this section, the Secretary may provide or ensure that financial assistance is provided by the HIT Standards Committee to defray in whole or in part any membership fees or dues charged by such Committee to those consumer advocacy groups and not for profit entities that work in the public interest as a part of their mission.CommentsClose CommentsPermalink





‘(d) Open and Public Process- In providing for the establishment of the HIT Standards Committee pursuant to subsection (a), the Secretary shall ensure the following:

‘(1) CONSENSUS APPROACH; OPEN PROCESS- The HIT Standards Committee shall use a consensus approach and a fair and open process to support the development, harmonization, and recognition of standards described in subsection (a)(1).

‘(2) PARTICIPATION OF OUTSIDE ADVISERS- The HIT Standards Committee shall ensure an adequate opportunity for the participation of outside advisors, including individuals with expertise in--

‘(A) health information privacy;

‘(B) health information security;

‘(C) health care quality and patient safety, including individuals with expertise in utilizing health information technology to improve healthcare quality and patient safety;

‘(D) long-term care and aging services; and

‘(E) data exchange and developing health information technology standards and new health information technology.

‘(3) OPEN MEETINGS- Plenary and other regularly scheduled formal meetings of the HIT Standards Committee (or established subgroups thereof) shall be open to the public.

‘(4) PUBLICATION OF MEETING NOTICES AND MATERIALS PRIOR TO MEETINGS- The HIT Standards Committee shall develop and maintain an Internet website on which it publishes, prior to each meeting, a meeting notice, a meeting agenda, and meeting materials.

‘(5) OPPORTUNITY FOR PUBLIC COMMENT- The HIT Standards Committee shall develop a process that allows for public comment during the process by which the Entity develops, harmonizes, or recognizes standards and implementation specifications.

‘(e) Voluntary Consensus Standard Body- The provisions of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (1Application of FACA- The Federal Advisory Committee Act (5 U.S.C. 272 note) and the Office of Management and Budget circular 119App.), other than section 14, shall apply to the HIT Standards Committee.CommentsClose CommentsPermalink




‘(fe) Publication- The Secretary shall provide for publication in the Federal Register and the posting on the Internet website of the Office of the National Coordinator for Health Information Technology of all recommendations made by the HIT Standards Committee under this section.CommentsClose CommentsPermalink

‘SEC. 3004. PROCESS FOR ADOPTION OF ENDORSED RECOMMENDATIONS; ADOPTION OF INITIAL SET OF STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND CERTIFICATION CRITERIA.

‘(a) Process for Adoption of Endorsed Recommendations-CommentsClose CommentsPermalink





‘(1) REVIEW OF ENDORSED STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND CERTIFICATION CRITERIA- Not later than 90 days after the date of receipt of standards, implementation specifications, or certification criteria endorsed under section 3001(c), the Secretary, in consultation with representatives of other relevant Federal agencies, shall jointly review such standards, implementation specifications, or certification criteria and shall determine whether or not to propose adoption of such standards, implementation specifications, or certification criteria.CommentsClose CommentsPermalink





‘(2) DETERMINATION TO ADOPT STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND CERTIFICATION CRITERIA- If the Secretary determines--CommentsClose CommentsPermalink





‘(A) to propose adoption of any grouping of such standards, implementation specifications, or certification criteria, the Secretary shall, by regulation under section 553 of title 5, United States Code, determine whether or not to adopt such grouping of standards, implementation specifications, or certification criteria; orCommentsClose CommentsPermalink





‘(B) not to propose adoption of any grouping of standards, implementation specifications, or certification criteria, the Secretary shall notify the National Coordinator and the HIT Standards Committee in writing of such determination and the reasons for not proposing the adoption of such recommendation.CommentsClose CommentsPermalink





‘(3) PUBLICATION- The Secretary shall provide for publication in the Federal Register of all determinations made by the Secretary under paragraph (1).CommentsClose CommentsPermalink





‘(b) Adoption of Standards, Implementation Specifications, and Certification Criteria-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than December 31, 2009, the Secretary shall, through the rulemaking process described in section 3003consistent with subsection (a)(2)(A), adopt an initial set of standards, implementation specifications, and certification criteria for the areas required for consideration under section 3002(b)(2)(B). The rulemaking for the initial set of standards, implementation specifications, and certification criteria may be issued on an interim, final basis.CommentsClose CommentsPermalink





‘(2) APPLICATION OF CURRENT STANDARDS, IMPLEMENTATION SPECIFICATIONS, AND CERTIFICATION CRITERIA- The standards, implementation specifications, and certification criteria adopted before the date of the enactment of this title through the process existing through the Office of the National Coordinator for Health Information Technology may be applied towards meeting the requirement of paragraph (1).CommentsClose CommentsPermalink





‘(3) SUBSEQUENT STANDARDS ACTIVITY- The Secretary shall adopt additional standards, implementation specifications, and certification criteria as necessary and consistent with the schedule published under section 3003(b)(2).CommentsClose CommentsPermalink

‘SEC. 3005. APPLICATION AND USE OF ADOPTED STANDARDS AND IMPLEMENTATION SPECIFICATIONS BY FEDERAL AGENCIES.

‘For requirements relating to the application and use by Federal agencies of the standards and implementation specifications adopted under section 3004, see section 13111 of the Health Information Technology for Economic and Clinical Health Act.CommentsClose CommentsPermalink

‘SEC. 3006. VOLUNTARY APPLICATION AND USE OF ADOPTED STANDARDS AND IMPLEMENTATION SPECIFICATIONS BY PRIVATE ENTITIES.

‘(a) In General- Except as provided under section 13112 of the Health Information Technology for Economic and Clinical Health Act, anyITECH Act, nothing in such Act or in the amendments made by such Act shall be construed--CommentsClose CommentsPermalink





‘(1) to require a private entity to adopt or comply with a standard or implementation specification adopted under section 3004 shall be voluntary with respect to private entities; orCommentsClose CommentsPermalink





‘(2) to provide a Federal agency authority, other than the authority such agency may have under other provisions of law, to require a private entity to comply with such a standard or implementation specification.CommentsClose CommentsPermalink





‘(b) Rule of Construction- Nothing in this subtitle shall be construed to require that a private entity that enters into a contract with the Federal Government apply or use the standards and implementation specifications adopted under section 3004 with respect to activities not related to the contract.CommentsClose CommentsPermalink

‘SEC. 3007. FEDERAL HEALTH INFORMATION TECHNOLOGY.

‘(a) In General- The National Coordinator shall support the development and routine updating of qualified electronic health record technology (as defined in section 3000) consistent with subsections (b) and (c) and make available such qualified electronic health record technology unless the Secretary and the HIT Policy Committee determinedetermines through an assessment that the needs and demands of providers are being substantially and adequately met through the marketplace.CommentsClose CommentsPermalink





‘(b) Certification- In making such EHRelectronic health record technology publicly available, the National Coordinator shall ensure that the qualified EHRelectronic health record technology described in subsection (a) is certified under the program developed under section 3001(c)(3) to be in compliance with applicable standards adopted under section 3003(a).CommentsClose CommentsPermalink





‘(c) Authorization To Charge a Nominal Fee- The National Coordinator may impose a nominal fee for the adoption by a health care provider of the health information technology system developed or approved under subsection (a) and (b). Such fee shall take into account the financial circumstances of smaller providers, low income providers, and providers located in rural or other medically underserved areas.CommentsClose CommentsPermalink





‘(d) Rule of Construction- Nothing in this section shall be construed to require that a private or government entity adopt or use the technology provided under this section.CommentsClose CommentsPermalink

‘SEC. 3008. TRANSITIONS.

‘(a) ONCHIT- Nothing in section 3001 shall be construed as requiring the creation of a new entity to the extent that the Office of the National Coordinator for Health Information Technology established pursuant toTo the extent consistent with section 3001, all functions, personnel, assets, liabilities, and administrative actions applicable to the National Coordinator for Health Information Technology appointed under Executive Order 13335 is consistent with the provisions of section 3001No. 13335 or the Office of such National Coordinator on the date before the date of the enactment of this title shall be transferred to the National Coordinator appointed under section 3001(a) and the Office of such National Coordinator as of the date of the enactment of this title.CommentsClose CommentsPermalink





‘(b) National EHealth Collaborative- Nothing in sections 3002 or 3003 or this subsection shall be construed as prohibiting the National AHIC Successor, Inc. doing business as the National eHealth Collaborative from modifying its charter, duties, membership, and any other structure or function required to be consistent with the requirements of a voluntary consensus standards bodysection 3002 and 3003 so as to allow the Secretary to recognize the National eHealth Collaborative as the HIT Standards Committee.‘(c) such AHIC Successor, Inc. as the HIT Policy Committee or the HIT Standards Committee.CommentsClose CommentsPermalink





‘(c) Consistency of Recommendations- In carrying out section 3003(b)(1)(A), until recommendations are made by the HIT Policy Committee, recommendations of the HIT Standards Committee shall be consistent with the most recent recommendations made by such AHIC Successor, Inc.CommentsClose CommentsPermalink

‘SEC. 3009. RELATION TOMISCELLANEOUS PROVISIONS.

‘(a) Relation to HIPAA PRIVACY AND SECURITY LAW.‘(a) In Generalrivacy and Security Law-CommentsClose CommentsPermalink





‘(1) IN GENERAL- With respect to the relation of this title to HIPAA privacy and security law:CommentsClose CommentsPermalink





‘(1A) This title may not be construed as having any effect on the authorities of the Secretary under HIPAA privacy and security law.CommentsClose CommentsPermalink





‘(2B) The purposes of this title include ensuring that the health information technology standards and implementation specifications adopted under section 3004 take into account the requirements of HIPAA privacy and security law.CommentsClose CommentsPermalink





‘(b) Definition2) DEFINITION- For purposes of this section, the term ‘HIPAA privacy and security law’ means--CommentsClose CommentsPermalink





‘(1A) the provisions of part C of title XI of the Social Security Act, section 264 of the Health Insurance Portability and Accountability Act of 1996, and subtitle D of title IV of the Health Information Technology for Economic and Clinical Health Act; andCommentsClose CommentsPermalink





‘(2) regulations under such provisionsB) regulations under such provisions.CommentsClose CommentsPermalink





‘(b) Flexibility- In administering the provisions of this title, the Secretary shall have flexibility in applying the definition of health care provider under section 3000(3), including the authority to omit certain entities listed in such definition when applying such definition under this title, where appropriate.’.CommentsClose CommentsPermalink

SEC. 13102. TECHNICAL AMENDMENT.

Section 1171(5) of the Social Security Act (42 U.S.C. 1320d) is amended by striking ‘or C’ and inserting ‘C, or D’.CommentsClose CommentsPermalink

PART II2--APPLICATION AND USE OF ADOPTED HEALTH INFORMATION TECHNOLOGY STANDARDS; REPORTS

SEC. 13111. COORDINATION OF FEDERAL ACTIVITIES WITH ADOPTED STANDARDS AND IMPLEMENTATION SPECIFICATIONS.

(a) Spending on Health Information Technology Systems- As each agency (as defined in the Executive Order issued on August 22, 2006, relating to promoting quality and efficient health care in Federal government administered or sponsored health care programby the Director of the Office of Management and Budget, in consultation with the Secretary of Health and Human Services) implements, acquires, or upgrades health information technology systems used for the direct exchange of individually identifiable health information between agencies and with non-Federal entities, it shall utilize, where available, health information technology systems and products that meet standards and implementation specifications adopted under section 3004(b) of the Public Health Service Act, as added by section 13101.CommentsClose CommentsPermalink





(b) Federal Information Collection Activities- With respect to a standard or implementation specification adopted under section 3004(b) of the Public Health Service Act, as added by section 13101, the President shall take measures to ensure that Federal activities involving the broad collection and submission of health information are consistent with such standard or implementation specification, respectively, within three years after the date of such adoption.CommentsClose CommentsPermalink





(c) Application of Definitions- The definitions contained in section 3000 of the Public Health Service Act, as added by section 13101, shall apply for purposes of this part.CommentsClose CommentsPermalink

SEC. 13112. APPLICATION TO PRIVATE ENTITIES.

Each agency (as defined in such Executive Order issued on August 22, 2006, relating to promoting quality and efficient health care in Federal government administered or sponsored health care programs) shall require in contracts or agreements with health care providers, health plans, or health insurance issuers that as each provider, plan, or issuer implements, acquires, or upgrades health information technology systems, it shall utilize, where available, health information technology systems and products that meet standards and implementation specifications adopted under section 3004(b) of the Public Health Service Act, as added by section 13101.CommentsClose CommentsPermalink

SEC. 13113. STUDY AND REPORTS.

(a) Report on Adoption of Nationwide System- Not later than 2 years after the date of the enactment of this Act and annually thereafter, the Secretary of Health and Human Services shall submit to the appropriate committees of jurisdiction of the House of Representatives and the Senate a report that--CommentsClose CommentsPermalink





(1) describes the specific actions that have been taken by the Federal Government and private entities to facilitate the adoption of a nationwide system for the electronic use and exchange of health information;CommentsClose CommentsPermalink





(2) describes barriers to the adoption of such a nationwide system; andCommentsClose CommentsPermalink





(3) contains recommendations to achieve full implementation of such a nationwide system.CommentsClose CommentsPermalink





(b) Reimbursement Incentive Study and Report-CommentsClose CommentsPermalink





(1) STUDY- The Secretary of Health and Human Services shall carry out, or contract with a private entity to carry out, a study that examines methods to create efficient reimbursement incentives for improving health care quality in Federally qualified health centers, rural health clinics, and free clinics.CommentsClose CommentsPermalink





(2) REPORT- Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of jurisdiction of the House of Representatives and the Senate a report on the study carried out under paragraph (1).CommentsClose CommentsPermalink





(c) Aging Services Technology Study and Report-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Health and Human Services shall carry out, or contract with a private entity to carry out, a study of matters relating to the potential use of new aging services technology to assist seniors, individuals with disabilities, and their caregivers throughout the aging process.CommentsClose CommentsPermalink





(2) MATTERS TO BE STUDIED- The study under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) an evaluation of--CommentsClose CommentsPermalink





(i) methods for identifying current, emerging, and future health technology that can be used to meet the needs of seniors and individuals with disabilities and their caregivers across all aging services settings, as specified by the Secretary;CommentsClose CommentsPermalink





(ii) methods for fostering scientific innovation with respect to aging services technology within the business and academic communities; andCommentsClose CommentsPermalink





(iii) developments in aging services technology in other countries that may be applied in the United States; andCommentsClose CommentsPermalink





(B) identification of--CommentsClose CommentsPermalink





(i) barriers to innovation in aging services technology and devising strategies for removing such barriers; andCommentsClose CommentsPermalink





(ii) barriers to the adoption of aging services technology by health care providers and consumers and devising strategies to removing such barriers.CommentsClose CommentsPermalink





(3) REPORT- Not later than 24 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of jurisdiction of the House of Representatives and of the Senate a report on the study carried out under paragraph (1).CommentsClose CommentsPermalink





(4) DEFINITIONS- For purposes of this subsection:CommentsClose CommentsPermalink





(A) AGING SERVICES TECHNOLOGY- The term ‘aging services technology’ means health technology that meets the health care needs of seniors, individuals with disabilities, and the caregivers of such seniors and individuals.CommentsClose CommentsPermalink





(B) SENIOR- The term ‘senior’ has such meaning as specified by the Secretary.CommentsClose CommentsPermalink

GENERAL PROVISIONS--HOPE FOR HOMEOWNERS AMENDMENTS

Sec. 1211. Section 257 of the National Housing Act (12 U.S.C. 1715z-23), as amended by the Emergency Economic Stabilization Act of 2008 (Public Law 110-343), is amended--

(1) in subsection (e)(1)(B), by inserting after ‘being reset,’ the following: ‘or has, due to a decrease in income,’;

(2) in subsection (k)(2), by striking ‘and the mortgagor’ and all that follows through the end and inserting ‘shall, upon any sale or disposition of the property to which the mortgage relates, be entitled to 25 percent of appreciation, up to the appraised value of the home at the time when the mortgage being refinanced under this section was originally made. The Secretary may share any amounts received under this paragraph with the holder of the eligible mortgage refinanced under this section.’;

(3) in subsection (i)--

(A) by inserting ‘, after weighing maximization of participation with consideration for the solvency of the program,’ after ‘Secretary shall’;

(B) in paragraph (1), by striking ‘equal to 3 percent’ and inserting ‘not more than 2 percent’; and

(C) in paragraph (2), by striking ‘equal to 1.5 percent’ and inserting ‘not more than 1 percent’; and

(4) by adding at the end the following:

‘(x) Auctions- The Board shall, if feasible, establish a structure and organize procedures for an auction to refinance eligible mortgages on a wholesale or bulk basis.

‘(y) Compensation of Servicers- To provide incentive for participation in the program under this section, each servicer of an eligible mortgage insured under this section shall be paid $1,000 for performing services associated with refinancing such mortgage, or such other amount as the Board determines is warranted. Funding for such compensation shall be provided by funds realized through the HOPE bond under subsection (w).’.

Subtitle B--Testing of Health Information TechnologyCommentsClose CommentsPermalink

SEC. 13201. NATIONAL INSTITUTE FOR STANDARDS AND TECHNOLOGY TESTING.

(a) Pilot Testing of Standards and Implementation Specifications- In coordination with the HIT Standards Committee established under section 3003 of the Public Health Service Act, as added by section 13101, with respect to the development of standards and implementation specifications under such section, the Director of the National Institute for Standards and Technology shall test such standards and implementation specifications, as appropriate, in order to assure the efficient implementation and use of such standards and implementation specifications.CommentsClose CommentsPermalink





(b) Voluntary Testing Program- In coordination with the HIT Standards Committee established under section 3003 of the Public Health Service Act, as added by section 13101, with respect to the development of standards and implementation specifications under such section, the Director of the National Institute of Standards and Technology shall support the establishment of a conformance testing infrastructure, including the development of technical test beds. The development of this conformance testing infrastructure may include a program to accredit independent, non-Federal laboratories to perform testing.CommentsClose CommentsPermalink

SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS.

(a) Health Care Information Enterprise Integration Research Centers-CommentsClose CommentsPermalink





(1) IN GENERAL- The Director of the National Institute of Standards and Technology, in consultation with the Director of the National Science Foundation and other appropriate Federal agencies, shall establish a program of assistance to institutions of higher education (or consortia thereof which may include nonprofit entities and Federal Government laboratories) to establish multidisciplinary Centers for Health Care Information Enterprise Integration.CommentsClose CommentsPermalink





(2) REVIEW; COMPETITION- Grants shall be awarded under this subsection on a merit-reviewed, competitive basis.CommentsClose CommentsPermalink





(3) PURPOSE- The purposes of the Centers described in paragraph (1) shall be--CommentsClose CommentsPermalink





(A) to generate innovative approaches to health care information enterprise integration by conducting cutting-edge, multidisciplinary research on the systems challenges to health care delivery; andCommentsClose CommentsPermalink





(B) the development and use of health information technologies and other complementary fields.CommentsClose CommentsPermalink





(4) RESEARCH AREAS- Research areas may include--CommentsClose CommentsPermalink





(A) interfaces between human information and communications technology systems;CommentsClose CommentsPermalink





(B) voice-recognition systems;CommentsClose CommentsPermalink





(C) software that improves interoperability and connectivity among health information systems;CommentsClose CommentsPermalink





(D) software dependability in systems critical to health care delivery;CommentsClose CommentsPermalink





(E) measurement of the impact of information technologies on the quality and productivity of health care;CommentsClose CommentsPermalink





(F) health information enterprise management;CommentsClose CommentsPermalink





(G) health information technology security and integrity; andCommentsClose CommentsPermalink





(H) relevant health information technology to reduce medical errors.CommentsClose CommentsPermalink





(5) APPLICATIONS- An institution of higher education (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director of the National Institute of Standards and Technology at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of--CommentsClose CommentsPermalink





(A) the research projects that will be undertaken by the Center established pursuant to assistance under paragraph (1) and the respective contributions of the participating entities;CommentsClose CommentsPermalink





(B) how the Center will promote active collaboration among scientists and engineers from different disciplines, such as information technology, biologic sciences, management, social sciences, and other appropriate disciplines;CommentsClose CommentsPermalink





(C) technology transfer activities to demonstrate and diffuse the research results, technologies, and knowledge; andCommentsClose CommentsPermalink





(D) how the Center will contribute to the education and training of researchers and other professionals in fields relevant to health information enterprise integration.CommentsClose CommentsPermalink





(b) National Information Technology Research and Development Program- The National High-Performance Computing Program established by section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) may review Federal research and development programs related to the development and deployment of health information technology, including activities related to--

(1) computer infrastructure;

(2) data security;

(3) development of large-scale, distributed, reliable computing systems;

(4) wired, wireless, and hybrid high-speed networking;

(5) development of software and software-intensive systems;

(6) human-computer interaction and information management technologies; and

(7) the social and economic implications ofshall include Federal research and development programs related to health information technology.CommentsClose CommentsPermalink

Subtitle C--Incentives for the Use of Health Information TechnologyPART I--GRANTS AND LOANS FUNDINGGrants and Loans FundingCommentsClose CommentsPermalink

SEC. 13301. GRANT, LOAN, AND DEMONSTRATION PROGRAMS.

Title XXX of the Public Health Service Act, as added by section 13101, is amended by adding at the end the following new subtitle:CommentsClose CommentsPermalink

‘Subtitle B--Incentives for the Use of Health Information TechnologyCommentsClose CommentsPermalink

‘SEC. 3011. IMMEDIATE FUNDING TO STRENGTHEN THE HEALTH INFORMATION TECHNOLOGY INFRASTRUCTURE.

‘(a) In General- The Secretary of Health and Human Services shall, using amounts appropriated under section 3018, invest in the infrastructure necessary to allow for and promote the electronic exchange and use of health information for each individual in the United States consistent with the goals outlined in the strategic plan developed by the National Coordinator (and, as available) under section 3001. To the greatest extent practicable, the Secretary shall ensure that any funds so appropriated shall be used for the acquisition of health information technology that meets standards and certification criteria adopted before the date of the enactment of this title until such date as the standards are adopted under section 3004. The Secretary shall invest funds through the different agencies with expertise in such goals, such as the Office of the National Coordinator for Health Information Technology, the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, the Centers of Medicare & Medicaid Services, the Centers for Disease Control and Prevention, and the Indian Health Service to support the following:CommentsClose CommentsPermalink





‘(1) Health information technology architecture that will support the nationwide electronic exchange and use of health information in a secure, private, and accurate manner, including connecting health information exchanges, and which may include updating and implementing the infrastructure necessary within different agencies of the Department of Health and Human Services to support the electronic use and exchange of health information.CommentsClose CommentsPermalink





‘(2) Development and adoption of appropriate certified electronic health records for categories of health care providers not eligible for support under title XVIII or XIX of the Social Security Act for the adoption of such records.CommentsClose CommentsPermalink





‘(3) Training on and dissemination of information on best practices to integrate health information technology, including electronic health records, into a provider’s delivery of care, consistent with best practices learned from the Health Information Technology Research Center developed under section 3012(b), including community health centers receiving assistance under section 330 of the Public Health Service Act, covered entities under section 340B of such Act, and providers participating in one or more of the programs under, covered entities under section 340B, and providers participating in one or more of the programs under titles XVIII, XIX, and XXI of the Social Security Act (relating to Medicare, Medicaid, and the State Children’s Health Insurance Program).CommentsClose CommentsPermalink





‘(4) Infrastructure and tools for the promotion of telemedicine, including coordination among Federal agencies in the promotion of telemedicine.CommentsClose CommentsPermalink





‘(5) Promotion of the interoperability of clinical data repositories or registries.CommentsClose CommentsPermalink





‘(6) Promotion of technologies and best practices that enhance the protection of health information by all holders of individually identifiable health information.CommentsClose CommentsPermalink





‘(7) Improve and expand the use of health ment and expansion of the use of health information technology by public health departments.CommentsClose CommentsPermalink





‘(8) Provide $300,000,000 to support regional or sub-national efforts towards health information exchange.

‘(b) Coordination- The Secretary shall ensure funds under this section are used in a coordinated manner with other health information promotion activities.CommentsClose CommentsPermalink




‘(c) Additional Use of Funds- In addition to using funds as provided in subsection (a), the Secretary may use amounts appropriated under section 3018 to carry out health information technology activities that are provided for under laws in effect on the date of enactment of this titlethe enactment of this title.CommentsClose CommentsPermalink





‘(d) Standards for Acquisition of Health Information Technology- To the greatest extent practicable, the Secretary shall ensure that where funds are expended under this section for the acquisition of health information technology, such funds shall be used to acquire health information technology that meets applicable standards adopted under section 3004. Where it is not practicable to expend funds on health information technology that meets such applicable standards, the Secretary shall ensure that such health information technology meets applicable standards otherwise adopted by the Secretary.CommentsClose CommentsPermalink

‘SEC. 3012. HEALTH INFORMATION TECHNOLOGY IMPLEMENTATION ASSISTANCE.

‘(a) Health Information Technology Extension Program- To assist health care providers to adopt, implement, and effectively use certified EHR technology that allows for the electronic exchange and use of health information, the Secretary, acting through the Office of the National Coordinator, shall establish a health information technology extension program to provide health information technology assistance services to be carried out through the Department of Health and Human Services. The National Coordinator shall consult with other Federal agencies with demonstrated experience and expertise in information technology services, such as the National Institute of Standards and Technology, in developing and implementing this program.CommentsClose CommentsPermalink





‘(b) Health Information Technology Research Center-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall create a Health Information Technology Research Center (in this section referred to as the ‘Center’) to provide technical assistance and develop or recognize best practices to support and accelerate efforts to adopt, implement, and effectively utilize health information technology that allows for the electronic exchange and use of information in compliance with standards, implementation specifications, and certification criteria adopted under section 3004(b).CommentsClose CommentsPermalink





‘(2) INPUT- The Center shall incorporate input from--CommentsClose CommentsPermalink





‘(A) other Federal agencies with demonstrated experience and expertise in information technology services such as the National Institute of Standards and Technology;CommentsClose CommentsPermalink





‘(B) users of health information technology, such as providers and their support and clerical staff and others involved in the care and care coordination of patients, from the health care and health information technology industry; andCommentsClose CommentsPermalink





‘(C) others as appropriate.CommentsClose CommentsPermalink





‘(3) PURPOSES- The purposes of the Center are to--CommentsClose CommentsPermalink





‘(A) provide a forum for the exchange of knowledge and experience;CommentsClose CommentsPermalink





‘(B) accelerate the transfer of lessons learned from existing public and private sector initiatives, including those currently receiving Federal financial support;CommentsClose CommentsPermalink





‘(C) assemble, analyze, and widely disseminate evidence and experience related to the adoption, implementation, and effective use of health information technology that allows for the electronic exchange and use of information including through the regional centers described in subsection (c);CommentsClose CommentsPermalink





‘(D) provide technical assistance for the establishment and evaluation of regional and local health information networks to facilitate the electronic exchange of information across health care settings and improve the quality of health care;CommentsClose CommentsPermalink





‘(E) provide technical assistance for the development and dissemination of solutions to barriers to the exchange of electronic health information; andCommentsClose CommentsPermalink





‘(F) learn about effective strategies to adopt and utilize health information technology in medically underserved communities.CommentsClose CommentsPermalink





‘(c) Health Information Technology Regional Extension Centers-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall provide assistance for the creation and support of regional centers (in this subsection referred to as ‘regional centers’) to provide technical assistance and disseminate best practices and other information learned from the Center to support and accelerate efforts to adopt, implement, and effectively utilize health information technology that allows for the electronic exchange and use of information in compliance with standards, implementation specifications, and certification criteria adopted under section 3004. Activities conducted under this subsection shall be consistent with the strategic plan developed by the National Coordinator, (and, as available) under section 3001.CommentsClose CommentsPermalink





‘(2) AFFILIATION- Regional centers shall be affiliated with any United States-based nonprofit institution or organization, or group thereof, that applies and is awarded financial assistance under this section. Individual awards shall be decided on the basis of merit.CommentsClose CommentsPermalink





‘(3) OBJECTIVE- The objective of the regional centers is to enhance and promote the adoption of health information technology through--CommentsClose CommentsPermalink





‘(A) assistance with the implementation, effective use, upgrading, and ongoing maintenance of health information technology, including electronic health records, to healthcare providers nationwide;CommentsClose CommentsPermalink





‘(B) broad participation of individuals from industry, universities, and State governments;CommentsClose CommentsPermalink





‘(C) active dissemination of best practices and research on the implementation, effective use, upgrading, and ongoing maintenance of health information technology, including electronic health records, to health care providers in order to improve the quality of healthcare and protect the privacy and security of health information;CommentsClose CommentsPermalink





‘(D) participation, to the extent practicable, in health information exchanges;CommentsClose CommentsPermalink





‘(E) utilization, when appropriate, of the expertise and capability that exists in fFederal agencies other than the Department; andCommentsClose CommentsPermalink





‘(F) integration of health information technology, including electronic health records, into the initial and ongoing training of health professionals and others in the healthcare industry that would be instrumental to improving the quality of healthcare through the smooth and accurate electronic use and exchange of health information.CommentsClose CommentsPermalink





‘(4) REGIONAL ASSISTANCE- Each regional center shall aim to provide assistance and education to all providers in a region, but shall prioritize any direct assistance first to the following:CommentsClose CommentsPermalink





‘(A) Public or not-for-profit hospitals or critical access hospitals.CommentsClose CommentsPermalink





‘(B) Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act).CommentsClose CommentsPermalink





‘(C) Entities that are located in rural and other areas that serve uninsured, underinsured, and medically underserved individuals (regardless of whether such area is urban or rural).CommentsClose CommentsPermalink





‘(D) Individual or small group practices (or a consortium thereof) that are primarily focused on primary care.CommentsClose CommentsPermalink





‘(5) FINANCIAL SUPPORT- The Secretary may provide financial support to any regional center created under this subsection for a period not to exceed four years. The Secretary may not provide more than 50 percent of the capital and annual operating and maintenance funds required to create and maintain such a center, except in an instance of national economic conditions which would render this cost-share requirement detrimental to the program and upon notification to Congress as to the justification to waive the cost-share requirement.CommentsClose CommentsPermalink





‘(6) NOTICE OF PROGRAM DESCRIPTION AND AVAILABILITY OF FUNDS- The Secretary shall publish in the Federal Register, not later than 90 days after the date of the enactment of this Acttitle, a draft description of the program for establishing regional centers under this subsection. Such description shall include the following:CommentsClose CommentsPermalink





‘(A) A detailed explanation of the program and the programs goals.CommentsClose CommentsPermalink





‘(B) Procedures to be followed by the applicants.CommentsClose CommentsPermalink





‘(C) Criteria for determining qualified applicants.CommentsClose CommentsPermalink





‘(D) Maximum support levels expected to be available to centers under the program.CommentsClose CommentsPermalink





‘(7) APPLICATION REVIEW- The Secretary shall subject each application under this subsection to merit review. In making a decision whether to approve such application and provide financial support, the Secretary shall consider at a minimum the merits of the application, including those portions of the application regarding--CommentsClose CommentsPermalink





‘(A) the ability of the applicant to provide assistance under this subsection and utilization of health information technology appropriate to the needs of particular categories of health care providers;CommentsClose CommentsPermalink





‘(B) the types of service to be provided to health care providers;CommentsClose CommentsPermalink





‘(C) geographical diversity and extent of service area; andCommentsClose CommentsPermalink





‘(D) the percentage of funding and amount of in-kind commitment from other sources.CommentsClose CommentsPermalink





‘(8) BIENNIAL EVALUATION- Each regional center which receives financial assistance under this subsection shall be evaluated biennially by an evaluation panel appointed by the Secretary. Each evaluation panel shall be composed of private experts, none of whom shall be connected with the center involved, and of Federal officials. Each evaluation panel shall measure the involved center’s performance against the objective specified in paragraph (3). The Secretary shall not continue to provide funding to a regional center unless its evaluation is overall positive.CommentsClose CommentsPermalink





‘(9) CONTINUING SUPPORT- After the second year of assistance under this subsection a , a regional center may receive additional support under this subsection if it has received positive evaluations and a finding by the Secretary that continuation of Federal funding to the center was in the best interest of provision of health information technology extension services.CommentsClose CommentsPermalink

‘SEC. 3013. STATE GRANTS TO PROMOTE HEALTH INFORMATION TECHNOLOGY.

‘(a) In General- The Secretary, acting through the National Coordinator, shall establish a program in accordance with this section to facilitate and expand the electronic movement and use of health information among organizations according to nationally recognized standards.CommentsClose CommentsPermalink





‘(b) Planning Grants- The Secretary may award a grant to a State or qualified State-designated entity (as described in subsection (df)) that submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may specify, for the purpose of planning activities described in subsection (bd).CommentsClose CommentsPermalink





‘(c) Implementation Grants- The Secretary may award a grant to a State or qualified State designated entity that--CommentsClose CommentsPermalink





‘(1) has submitted, and the Secretary has approved, a plan described in subsection (ce) (regardless of whether such plan was prepared using amounts awarded under paragraph (1)subsection (b); andCommentsClose CommentsPermalink





‘(2) submits an application at such time, in such manner, and containing such information as the Secretary may specify.CommentsClose CommentsPermalink





‘(d) Use of Funds- Amounts received under a grant under subsection (a)(3c) shall be used to conduct activities to facilitate and expand the electronic movement and use of health information among organizations according to nationally recognized standards through activities that include--CommentsClose CommentsPermalink





‘(1) enhancing broad and varied participation in the authorized and secure nationwide electronic use and exchange of health information;CommentsClose CommentsPermalink





‘(2) identifying State or local resources available towards a nationwide effort to promote health information technology;CommentsClose CommentsPermalink





‘(3) complementing other Federal grants, programs, and efforts towards the promotion of health information technology;CommentsClose CommentsPermalink





‘(4) providing technical assistance for the development and dissemination of solutions to barriers to the exchange of electronic health information;CommentsClose CommentsPermalink





‘(5) promoting effective strategies to adopt and utilize health information technology in medically underserved communities;CommentsClose CommentsPermalink





‘(6) assisting patients in utilizing health information technology;CommentsClose CommentsPermalink





‘(7) encouraging clinicians to work with Health Information Technology Regional Extension Centers as described in section 3012, to the extent they are available and valuable;CommentsClose CommentsPermalink





‘(8) supporting public health agencies’ authorized use of and access to electronic health information;CommentsClose CommentsPermalink





‘(9) promoting the use of electronic health records for quality improvement including through quality measures reporting;

‘(10) establishing and supporting health record banking models to further consumer-based consent models that promote lifetime access to qualified health records, if such activities are included in the plan described in subsection (e), and may contain smart card functionality; and

‘(11 andCommentsClose CommentsPermalink




‘(10) such other activities as the Secretary may specify.CommentsClose CommentsPermalink





‘(e) Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A plan described in this subsection is a plan that describes the activities to be carried out by a State or by the qualified State-designated entity within such State to facilitate and expand the electronic movement and use of health information among organizations according to nationally recognized standards and implementation specifications.CommentsClose CommentsPermalink





‘(2) REQUIRED ELEMENTS- A plan described in paragraph (1) shall--CommentsClose CommentsPermalink





‘(A) be pursued in the public interest;CommentsClose CommentsPermalink





‘(B) be consistent with the strategic plan developed by the National Coordinator, (and, as available) under section 3001;CommentsClose CommentsPermalink





‘(C) include a description of the ways the State or qualified State-designated entity will carry out the activities described in subsection (b); andCommentsClose CommentsPermalink





‘(D) contain such elements as the Secretary may require.CommentsClose CommentsPermalink





‘(f) Qualified State-Designated Entity- For purposes of this section, to be a qualified State-designated entity, with respect to a State, an entity shall--CommentsClose CommentsPermalink





‘(1) be designated by the State as eligible to receive awards under this section;CommentsClose CommentsPermalink





‘(2) be a not-for-profit entity with broad stakeholder representation on its governing board;CommentsClose CommentsPermalink





‘(3) demonstrate that one of its principal goals is to use information technology to improve health care quality and efficiency through the authorized and secure electronic exchange and use of health information;CommentsClose CommentsPermalink





‘(4) adopt nondiscrimination and conflict of interest policies that demonstrate a commitment to open, fair, and nondiscriminatory participation by stakeholders; andCommentsClose CommentsPermalink





‘(5) conform to such other requirements as the Secretary may establish.CommentsClose CommentsPermalink





‘(g) Required Consultation- In carrying out activities described in subsections (a)(2) and (a)(3b) and (c), a State or qualified State-designated entity shall consult with and consider the recommendations of--CommentsClose CommentsPermalink





‘(1) health care providers (including providers that provide services to low income and underserved populations);CommentsClose CommentsPermalink





‘(2) health plans;CommentsClose CommentsPermalink





‘(3) patient or consumer organizations that represent the population to be served;CommentsClose CommentsPermalink





‘(4) health information technology vendors;CommentsClose CommentsPermalink





‘(5) health care purchasers and employers;CommentsClose CommentsPermalink





‘(6) public health agencies;CommentsClose CommentsPermalink





‘(7) health professions schools, universities and colleges;CommentsClose CommentsPermalink





‘(8) clinical researchers;CommentsClose CommentsPermalink





‘(9) other users of health information technology such as the support and clerical staff of providers and others involved in the care and care coordination of patients; andCommentsClose CommentsPermalink





‘(10) such other entities, as may be determined appropriate by the Secretary.CommentsClose CommentsPermalink





‘(h) Continuous Improvement- The Secretary shall annually evaluate the activities conducted under this section and shall, in awarding grants under this section, implement the lessons learned from such evaluation in a manner so that awards made subsequent to each such evaluation are made in a manner that, in the determination of the Secretary, will lead towards the greatest improvement in quality of care, decrease in costs, and the most effective authorized and secure electronic exchange of health information.CommentsClose CommentsPermalink





‘(i) Required Match-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For a fiscal year (beginning with fiscal year 2011), the Secretary may not make a grant under subsection (a) to a State unless the Statethis section to a State unless the State agrees to make available non-Federal contributions (which may include in-kind contributions) toward the costs of a grant awarded under subsection (a)(3c) in an amount equal to--CommentsClose CommentsPermalink





‘(A) for fiscal year 2011, not less than $1 for each $10 of Federal funds provided under the grant;CommentsClose CommentsPermalink





‘(B) for fiscal year 2012, not less than $1 for each $7 of Federal funds provided under the grant; andCommentsClose CommentsPermalink





‘(C) for fiscal year 2013 and each subsequent fiscal year, not less than $1 for each $3 of Federal funds provided under the grant.CommentsClose CommentsPermalink





‘(2) AUTHORITY TO REQUIRE STATE MATCH FOR FISCAL YEARS BEFORE FISCAL YEAR 2011- For any fiscal year during the grant program under this section before fiscal year 2011, the Secretary may determine the extent to which there shall be required a non-Federal contribution from a State receiving a grant under this section.CommentsClose CommentsPermalink

‘SEC. 3014. COMPETITIVE GRANTS TO STATES AND INDIAN TRIBES FOR THE DEVELOPMENT OF LOAN PROGRAMS TO FACILITATE THE WIDESPREAD ADOPTION OF CERTIFIED EHR TECHNOLOGY.

‘(a) In General- The National Coordinator may award competitive grants to eligible entities for the establishment of programs for loans to health care providers to conduct the activities described in subsection (e).CommentsClose CommentsPermalink





‘(b) Eligible Entity Defined- For purposes of this subsection, the term ‘eligible entity’ means a State or Indian tribe (as defined in the Indian Self-Determination and Education Assistance Act) that--CommentsClose CommentsPermalink





‘(1) submits to the National Coordinator an application at such time, in such manner, and containing such information as the National Coordinator may require;CommentsClose CommentsPermalink





‘(2) submits to the National Coordinator a strategic plan in accordance with subsection (d) and provides to the National Coordinator assurances that the entity will update such plan annually in accordance with such subsection;CommentsClose CommentsPermalink





‘(3) provides assurances to the National Coordinator that the entity will establish a Loan Fund in accordance with subsection (c);CommentsClose CommentsPermalink





‘(4) provides assurances to the National Coordinator that the entity will not provide a loan from the Loan Fund to a health care provider unless the provider agrees to--CommentsClose CommentsPermalink





‘(A) submit reports on quality measures adopted by the Federal Government (by not later than 90 days after the date on which such measures are adopted), to--CommentsClose CommentsPermalink





‘(i) the DirecAdministrator of the Centers for Medicare & Medicaid Services (or his or her designee), in the case of an entity participating in the Medicare program under title XVIII of the Social Security Act or the Medicaid program under title XIX of such Act; orCommentsClose CommentsPermalink





‘(ii) the Secretary in the case of other entities;CommentsClose CommentsPermalink





‘(B) demonstrate to the satisfaction of the Secretary (through criteria established by the Secretary) that any certified EHR technology purchased, improved, or otherwise financially supported under a loan under this section is used to exchange health information in a manner that, in accordance with law and standards (as adopted under section 30054) applicable to the exchange of information, improves the quality of health care, such as promoting care coordination;‘(C) andCommentsClose CommentsPermalink





‘(C) comply with such other requirements as the entity or the Secretary may require;CommentsClose CommentsPermalink





‘(D) include a plan on how health care providers involved intend to maintain and support the certified EHR technology over time;CommentsClose CommentsPermalink





and‘(E) include a plan on how the healthcare providers involved‘(E) include a plan on how the health care providers involved intend to maintain and support the certified EHR technology that would be purchased with such loan, including the type of resources expected to be involved and any such other information as the State or Indian tTribe, respectively, may require; andCommentsClose CommentsPermalink





‘(5) agrees to provide matching funds in accordance with subsection (i).‘(c)h).CommentsClose CommentsPermalink





‘(c) Establishment of Fund- For purposes of subsection (b)(3), an eligible entity shall establish a certified EHR technology loan fund (referred to in this subsection as a ‘Loan Fund’) and comply with the other requirements contained in this section. A grant to an eligible entity under this section shall be deposited in the Loan Fund established by the eligible entity. No funds authorized by other provisions of this title to be used for other purposes specified in this title shall be deposited in any Loan Fund.CommentsClose CommentsPermalink





‘(d) Strategic Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of subsection (b)(2), a strategic plan of an eligible entity under this subsection shall identify the intended uses of amounts available to the Loan Fund of such entity.CommentsClose CommentsPermalink





‘(2) CONTENTS- A strategic plan under paragraph (1), with respect to a Loan Fund of an eligible entity, shall include for a year the following:CommentsClose CommentsPermalink





‘(A) A list of the projects to be assisted through the Loan Fund during such year.CommentsClose CommentsPermalink





‘(B) A description of the criteria and methods established for the distribution of funds from the Loan Fund during the year.CommentsClose CommentsPermalink





‘(C) A description of the financial status of the Loan Fund as of the date of submission of the plan.CommentsClose CommentsPermalink





‘(D) The short-term and long-term goals of the Loan Fund.CommentsClose CommentsPermalink





‘(e) Use of Funds- Amounts deposited in a Loan Fund, including loan repayments and interest earned on such amounts, shall be used only for awarding loans or loan guarantees, making reimbursements described in subsection (g)(4)(A), or as a source of reserve and security for leveraged loans, the proceeds of which are deposited in the Loan Fund established under subsection (ac). Loans under this section may be used by a health care provider to--CommentsClose CommentsPermalink





‘(1) facilitate the purchase of certified EHR technology;CommentsClose CommentsPermalink





‘(2) enhance the utilization of certified EHR technology (which may include costs associated with upgrading health information technology so that it meets criteria necessary to be a certified EHR technology);CommentsClose CommentsPermalink





‘(3) train personnel in the use of such technology; orCommentsClose CommentsPermalink





‘(4) improve the secure electronic exchange of health information.CommentsClose CommentsPermalink





‘(f) Types of Assistance- Except as otherwise limited by applicable State law, amounts deposited into a Loan Fund under this subsection may only be used for the following:CommentsClose CommentsPermalink





‘(1) To award loans that comply with the following:CommentsClose CommentsPermalink





‘(A) The interest rate for each loan shall not exceed the market interest rate.CommentsClose CommentsPermalink





‘(B) The principal and interest payments on each loan shall commence not later than 1 year after the date the loan was awarded, and each loan shall be fully amortized not later than 10 years after the date of the loan.CommentsClose CommentsPermalink





‘(C) The Loan Fund shall be credited with all payments of principal and interest on each loan awarded from the Loan Fund.CommentsClose CommentsPermalink





‘(2) To guarantee, or purchase insurance for, a local obligation (all of the proceeds of which finance a project eligible for assistance under this subsection) if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation involved.CommentsClose CommentsPermalink





‘(3) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the eligible entity if the proceeds of the sale of the bonds will be deposited into the Loan Fund.CommentsClose CommentsPermalink





‘(4) To earn interest on the amounts deposited into the Loan Fund.CommentsClose CommentsPermalink





‘(5) To make reimbursements described in subsection (g)(4)(A).CommentsClose CommentsPermalink





‘(g) Administration of Loan Funds-CommentsClose CommentsPermalink





‘(1) COMBINED FINANCIAL ADMINISTRATION- An eligible entity may (as a convenience and to avoid unnecessary administrative costs) combine, in accordance with applicable State law, the financial administration of a Loan Fund established under this subsection with the financial administration of any other revolving fund established by the entity if otherwise not prohibited by the law under which the Loan Fund was established.CommentsClose CommentsPermalink





‘(2) COST OF ADMINISTERING FUND- Each eligible entity may annually use not to exceed 4 percent of the funds provided to the entity under a grant under this subsection to pay the reasonable costs of the administration of the programs under this section, including the recovery of reasonable costs expended to establish a Loan Fund which are incurred after the date of the enactment of this title.CommentsClose CommentsPermalink





‘(3) GUIDANCE AND REGULATIONS- The National Coordinator shall publish guidance and promulgate regulations as may be necessary to carry out the provisions of this section, including--CommentsClose CommentsPermalink





‘(A) provisions to ensure that each eligible entity commits and expends funds allotted to the entity under this subsection as efficiently as possible in accordance with this title and applicable State laws; andCommentsClose CommentsPermalink





‘(B) guidance to prevent waste, fraud, and abuse.CommentsClose CommentsPermalink





‘(4) PRIVATE SECTOR CONTRIBUTIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A Loan Fund established under this subsection may accept contributions from private sector entities, except that such entities may not specify the recipient or recipients of any loan issued under this subsection. An eligible entity may agree to reimburse a private sector entity for any contribution made under this subparagraph, except that the amount of such reimbursement may not be greater than the principal amount of the contribution made.CommentsClose CommentsPermalink





‘(B) AVAILABILITY OF INFORMATION- An eligible entity shall make publicly available the identity of, and amount contributed by, any private sector entity under subparagraph (A) and may issue letters of commendation or make other awards (that have no financial value) to any such entity.CommentsClose CommentsPermalink





‘(h) Matching Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The National Coordinator may not make a grant under subsection (a) to an eligible entity unless the entity agrees to make available (directly or through donations from public or private entities) non-Federal contributions in cash to the costs of carrying out the activities for which the grant is awarded in an amount equal to not less than $1 for each $5 of Federal funds provided under the grant.CommentsClose CommentsPermalink





‘(2) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBUTION- In determining the amount of non-Federal contributions that an eligible entity has provided pursuant to subparagraph (A), the National Coordinator may not include any amounts provided to the entity by the Federal Government.CommentsClose CommentsPermalink





‘(i) Effective Date- The Secretary may not make an award under this section prior to January 1, 2010.CommentsClose CommentsPermalink

‘SEC. 3015. DEMONSTRATION PROGRAM TO INTEGRATE INFORMATION TECHNOLOGY INTO CLINICAL EDUCATION.

‘(a) In General- The Secretary may award grants under this section to carry out demonstration projects to develop academic curricula integrating certified EHR technology in the clinical education of health professionals. Such awards shall be made on a competitive basis and pursuant to peer review.CommentsClose CommentsPermalink





‘(b) Eligibility- To be eligible to receive a grant under subsection (a), an entity shall--CommentsClose CommentsPermalink





‘(1) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require;CommentsClose CommentsPermalink





‘(2) submit to the Secretary a strategic plan for integrating certified EHR technology in the clinical education of health professionals to reduce medical errors, increase access to prevention, reduce chronic diseases, and enhance health care quality;CommentsClose CommentsPermalink





‘(3) be--CommentsClose CommentsPermalink





‘(A) a school of medicine, osteopathic medicine, dentistry, or pharmacy, a graduate program in behavioral or mental health, or any other graduate health professions school;CommentsClose CommentsPermalink





‘(B) a graduate school of nursing or physician assistant studies;CommentsClose CommentsPermalink





‘(C) a consortium of two or more schools described in subparagraph (A) or (B); orCommentsClose CommentsPermalink





‘(D) an institution with a graduate medical education program in medicine, osteopathic medicine, dentistry, pharmacy, nursing, or physician assistance studies.;CommentsClose CommentsPermalink





‘(4) provide for the collection of data regarding the effectiveness of the demonstration project to be funded under the grant in improving the safety of patients, the efficiency of health care delivery, and in increasing the likelihood that graduates of the grantee will adopt and incorporate certified EHR technology, in the delivery of health care services; andCommentsClose CommentsPermalink





‘(5) provide matching funds in accordance with subsection (d).CommentsClose CommentsPermalink





‘(c) Use of Funds-CommentsClose CommentsPermalink





‘(1) IN GENERAL- With respect to a grant under subsection (a), an eligible entity shall--CommentsClose CommentsPermalink





‘(A) use grant funds in collaboration with 2 or more disciplines; andCommentsClose CommentsPermalink





‘(B) use grant funds to integrate certified EHR technology into community-based clinical education.CommentsClose CommentsPermalink





‘(2) LIMITATION- An eligible entity shall not use amounts received under a grant under subsection (a) to purchase hardware, software, or services.CommentsClose CommentsPermalink





‘(d) Financial Support- The Secretary may not provide more than 50 percent of the costs of any activity for which assistance is provided under subsection (a), except in an instance of national economic conditions which would render the cost-share requirement under this subsection detrimental to the program and upon notification to Congress as to the justification to waive the cost-share requirement.CommentsClose CommentsPermalink





‘(e) Evaluation- The Secretary shall take such action as may be necessary to evaluate the projects funded under this section and publish, make available, and disseminate the results of such evaluations on as wide a basis as is practicable.CommentsClose CommentsPermalink





‘(f) Reports- Not later than 1 year after the date of enactment of this title, and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that--CommentsClose CommentsPermalink





‘(1) describes the specific projects established under this section; andCommentsClose CommentsPermalink





‘(2) contains recommendations for Congress based on the evaluation conducted under subsection (e).CommentsClose CommentsPermalink

‘SEC. 3016. INFORMATION TECHNOLOGY PROFESSIONALS OIN HEALTH CARE.

‘(a) In General- The Secretary, in consultation with the Director of the National Science Foundation, shall provide assistance to institutions of higher education (or consortia thereof) to establish or expand medical health informatics education programs, including certification, undergraduate, and masters degree programs, for both health care and information technology students to ensure the rapid and effective utilization and development of health information technologies (in the United States health care infrastructure).CommentsClose CommentsPermalink





‘(b) Activities- Activities for which assistance may be provided under subsection (a) may include the following:CommentsClose CommentsPermalink





‘(1) Developing and revising curricula in medical health informatics and related disciplines.CommentsClose CommentsPermalink





‘(2) Recruiting and retaining students to the program involved.CommentsClose CommentsPermalink





‘(3) Acquiring equipment necessary for student instruction in these programs, including the installation of testbed networks for student use.CommentsClose CommentsPermalink





‘(4) Establishing or enhancing bridge programs in the health informatics fields between community colleges and universities.CommentsClose CommentsPermalink





‘(c) Priority- In providing assistance under subsection (a), the Secretary shall give preference to the following:CommentsClose CommentsPermalink





‘(1) Existing education and training programs.CommentsClose CommentsPermalink





‘(2) Programs designed to be completed in less than six months.CommentsClose CommentsPermalink

‘SEC. 3017. GENERAL GRANT AND LOAN PROVISIONS.

‘(a) Reports- The Secretary may require that an entity receiving assistance under this subtitle shall submit to the Secretary, not later than the date that is 1 year after the date of receipt of such assistance, a report that includes--CommentsClose CommentsPermalink





‘(1) an analysis of the effectiveness of suchthe activities for which the entity receives such assistance, as compared to the goals for such activities; andCommentsClose CommentsPermalink





‘(2) an analysis of the impact of the project on health care quality and safety.CommentsClose CommentsPermalink





‘(b) Requirement Tto Improve Quality of Care and Decrease in Costs- The National Coordinator shall annually evaluate the activities conducted under this subtitle and shall, in awarding grants, implement the lessons learned from such evaluation in a manner so that awards made subsequent to each such evaluation are made in a manner that, in the determination of the National Coordinator, will result in the greatest improvement in the quality and efficiency of health care.CommentsClose CommentsPermalink

‘SEC. 3018. AUTHORIZATION FOR APPROPRIATIONS.

‘For the purposes of carrying out this subtitle, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2013.Amounts so appropriated shall remain available until expended.’.CommentsClose CommentsPermalink

Subtitle D--PrivacyCommentsClose CommentsPermalink

SEC. 13400. DEFINITIONS.

In this subtitle, except as specified otherwise:CommentsClose CommentsPermalink





(1) BREACH-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘breach’ means the unauthorized acquisition, access, use, or disclosure of protected health information which compromises the security, privacy, or integrity of protected health information maintained by or on behalf of a person. Such term does not include any or privacy of such information, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information.CommentsClose CommentsPermalink





(B) EXCEPTIONS- The term ‘breach’ does not include--CommentsClose CommentsPermalink





(i) any unintentional acquisition, access, use, or disclosure of such information by an employee or agent of the covered entity or business associate involved ifor use of protected health information by an employee or individual acting under the authority of a covered entity or business associate if--CommentsClose CommentsPermalink





(I) such acquisition, access, use, or disclosure, respectively,or use was made in good faith and within the course and scope of the employment or other contractuprofessional relationship of such employee or agentindividual, respectively, with the covered entity or business associate and if; andCommentsClose CommentsPermalink





(II) such information is not further acquired, accessed, used, or disclosed by such employee or agent.(2) any person; orCommentsClose CommentsPermalink





(ii) any inadvertent disclosure from an individual who is otherwise authorized to access protected health information at a facility operated by a covered entity or business associate to another similarly situated individual at same facility; andCommentsClose CommentsPermalink





(iii) any such information received as a result of such disclosure is not further acquired, accessed, used, or disclosed without authorization by any person.CommentsClose CommentsPermalink





(2) BUSINESS ASSOCIATE- The term ‘business associate’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(3) COVERED ENTITY- The term ‘covered entity’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(4) DISCLOSE- The terms ‘disclose’ and ‘disclosure’ have the meaning given the term ‘disclosure’ in section 160.103 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(5) ELECTRONIC HEALTH RECORD- The term ‘electronic health record’ means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.CommentsClose CommentsPermalink





(6) HEALTH CARE OPERATIONS- The term ‘health care operation’ has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(7) HEALTH CARE PROVIDER- The term ‘health care provider’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(8) HEALTH PLAN- The term ‘health plan’ has the meaning given such term in section 1171(5) of the Social Security Act60.103 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(9) NATIONAL COORDINATOR- The term ‘National Coordinator’ means the head of the Office of the National Coordinator for Health Information Technology established under section 3001(a) of the Public Health Service Act, as added by section 13101.CommentsClose CommentsPermalink





(10) PAYMENT- The term ‘payment’ has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(11) PERSONAL HEALTH RECORD- The term ‘personal health record’ means an electronic record of individuallyPHR identifiable health information (as defined in section 13407(f)(2)) on an individual that can be drawn from multiple sources and that is managed, shared, and controlled by or for the individual.(12) primarily for the individual.CommentsClose CommentsPermalink





(12) PROTECTED HEALTH INFORMATION- The term ‘protected health information’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(13) SECRETARY- The term ‘Secretary’ means the Secretary of Health and Human Services.CommentsClose CommentsPermalink





(14) SECURITY- The term ‘security’ has the meaning given such term in section 164.304 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(15) STATE- The term ‘State’ means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.CommentsClose CommentsPermalink





(16) TREATMENT- The term ‘treatment’ has the meaning given such term in section 164.501 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(17) USE- The term ‘use’ has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(18) VENDOR OF PERSONAL HEALTH RECORDS- The term ‘vendor of personal health records’ means an entity, other than a covered entity (as defined in paragraph (3)), that offers or maintains a personal health record.CommentsClose CommentsPermalink

PART I1--IMPROVED PRIVACY PROVISIONS AND SECURITY PROVISIONS

SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES; ANNUAL GUIDANCE ON SECURITY PROVISIONS.

(a) Application of Security Provisions- Sections 164.308, 164.310, 164.312, and 164.316 of title 45, Code of Federal Regulations, shall apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity. The additional requirements of this title that relate to security and that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.CommentsClose CommentsPermalink





(b) Application of Civil and Criminal Penalties- In the case of a business associate that violates any security provision specified in subsection (a), sections 1176 and 1177 of the Social Security Act (42 U.S.C. 1320d-5, 1320d-6) shall apply to the business associate with respect to such violation in the same manner such sections apply to a covered entity that violates such security provision.CommentsClose CommentsPermalink





(c) Annual Guidance- For the first year beginning after the date of the enactment of this Act and annually thereafter, the Secretary of Health and Human Services shall, in consultation with industryafter consultation with stakeholders, annually issue guidance on the most effective and appropriate technical safeguards for use in carrying out the sections referred to in subsection (a) and the security standards in subpart C of part 164 of title 45, Code of Federal Regulations, including the use of standards developed under section 3002(b)(2)(B)(vi) of the Public Health Service Act, as added by section 13101 of this Act, as such provisions are in effect as of the date before the enactment of this Act.CommentsClose CommentsPermalink

SEC. 13402. NOTIFICATION IN THE CASE OF BREACH.

(a) In General- A covered entity that accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses unsecured protected health information (as defined in subsection (h)(1)) shall, in the case of a breach of such information that is discovered by the covered entity, notify each individual whose unsecured protected health information has been, or is reasonably believed by the covered entity to have been, accessed, acquired, or disclosed as a result of such breach.CommentsClose CommentsPermalink





(b) Notification of Covered Entity by Business Associate- A business associate of a covered entity that accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses unsecured protected health information shall, following the discovery of a breach of such information, notify the covered entity of such breach. Such notice shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the business associate to have been, accessed, acquired, or disclosed during such breach.CommentsClose CommentsPermalink





(c) Breaches Treated as Discovered- For purposes of this section, a breach shall be treated as discovered by a covered entity or by a business associate as of the first day on which such breach is known to such entity or associate, respectively, (including any person, other than the individual committing the breach, that is an employee, officer, or other agent of such entity or associate, respectively) or should reasonably have been known to such entity or associate (or person) to have occurred.CommentsClose CommentsPermalink





(d) Timeliness of Notification-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to subsection (g), all notifications required under this section shall be made without unreasonable delay and in no case later than 60 calendar days after the discovery of a breach by the covered entity involved (or business associate involved in the case of a notification required under subsection (b)).CommentsClose CommentsPermalink





(2) BURDEN OF PROOF- The covered entity involved (or business associate involved in the case of a notification required under subsection (b)), shall have the burden of demonstrating that all notifications were made as required under this part, including evidence demonstrating the necessity of any delay.CommentsClose CommentsPermalink





(e) Methods of Notice-CommentsClose CommentsPermalink





(1) INDIVIDUAL NOTICE- Notice required under this section to be provided to an individual, with respect to a breach, shall be provided promptly and in the following form:CommentsClose CommentsPermalink





(A) Written notification by first-class mail to the individual (or the next of kin of the individual if the individual is deceased) at the last known address of the individual or the next of kin, respectively, or, if specified as a preference by the individual, by electronic mail. The notification may be provided in one or more mailings as information is available.CommentsClose CommentsPermalink





(B) In the case in which there is insufficient, or out-of-date contact information (including a phone number, email address, or any other form of appropriate communication) that precludes direct written (or, if specified by the individual under subparagraph (A), electronic) notification to the individual, a substitute form of notice shall be provided, including, in the case that there are 10 or more individuals for which there is insufficient or out-of-date contact information, a conspicuous posting for a period determined by the Secretary on the home page of the Web site of the covered entity involved or notice in major print or broadcast media, including major media in geographic areas where the individuals affected by the breach likely reside. Such a notice in media or web posting will include a toll-free phone number where an individual can learn whether or not the individual’s unsecured protected health information is possibly included in the breach.CommentsClose CommentsPermalink





(C) In any case deemed by the covered entity involved to require urgency because of possible imminent misuse of unsecured protected health information, the covered entity, in addition to notice provided under subparagraph (A), may provide information to individuals by telephone or other means, as appropriate.CommentsClose CommentsPermalink





(2) MEDIA NOTICE- Notice shall be provided to prominent media outlets serving a State or jurisdiction, following the discovery of a breach described in subsection (a), if the unsecured protected health information of more than 500 residents of such State or jurisdiction is, or is reasonably believed to have been, accessed, acquired, or disclosed during such breach.CommentsClose CommentsPermalink





(3) NOTICE TO SECRETARY- Notice shall be provided to the Secretary by covered entities of unsecured protected health information that has been acquired or disclosed in a breach. If the breach was with respect to 500 or more individuals than such notice must be provided immediately. If the breach was with respect to less than 500 individuals, the covered entity may maintain a log of any such breach occurring and annually submit such a log to the Secretary documenting such breaches occurring during the year involved.CommentsClose CommentsPermalink





(4) POSTING ON HHS PUBLIC WEBSITE- The Secretary shall make available to the public on the Internet website of the Department of Health and Human Services a list that identifies each covered entity involved in a breach described in subsection (a) in which the unsecured protected health information of more than 500 individuals is acquired or disclosed.CommentsClose CommentsPermalink





(f) Content of Notification- Regardless of the method by which notice is provided to individuals under this section, notice of a breach shall include, to the extent possible, the following:CommentsClose CommentsPermalink





(1) A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known.CommentsClose CommentsPermalink





(2) A description of the types of unsecured protected health information that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, or disability code).CommentsClose CommentsPermalink





(3) The steps individuals should take to protect themselves from potential harm resulting from the breach.CommentsClose CommentsPermalink





(4) A brief description of what the covered entity involved is doing to investigate the breach, to mitigate losses, and to protect against any further breaches.CommentsClose CommentsPermalink





(5) Contact procedures for individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, Web site, or postal address.CommentsClose CommentsPermalink





(g) Delay of Notification Authorized for Law Enforcement Purposes- If a law enforcement official determines that a notification, notice, or posting required under this section would impede a criminal investigation or cause damage to national security, such notification, notice, or posting shall be delayed in the same manner as provided under section 164.528(a)(2) of title 45, Code of Federal Regulations, in the case of a disclosure covered under such section.CommentsClose CommentsPermalink





(h) Unsecured Protected Health Information-CommentsClose CommentsPermalink





(1) DEFINITION-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), for purposes of this section, the term ‘unsecured protected health information’ means protected health information that is not secured through the use of a technology or methodology specified by the Secretary in the guidance issued under paragraph (2).CommentsClose CommentsPermalink





(B) EXCEPTION IN CASE TIMELY GUIDANCE NOT ISSUED- In the case that the Secretary does not issue guidance under paragraph (2) by the date specified in such paragraph, for purposes of this section, the term ‘unsecured protected health information’ shall mean protected health information that is not secured by a technology standard that renders protected health information unusable, unreadable, or indecipherable to unauthorized individuals and is developed or endorsed by a standards developing organization that is accredited by the American National Standards Institute.CommentsClose CommentsPermalink





(2) GUIDANCE- For purposes of paragraph (1) and section 13407(f)(3), not later than the date that is 60 days after the date of the enactment of this Act, the Secretary shall, after consultation with stakeholders, issue (and annually update) guidance specifying the technologies and methodologies that render protected health information unusable, unreadable, or indecipherable to unauthorized individuals, including the use of standards developed under section 3002(b)(2)(B)(vi) of the Public Health Service Act, as added by section 13101 of this Act.CommentsClose CommentsPermalink





(i) Report to Congress on Breaches-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 12 months after the date of the enactment of this Act and annually thereafter, the Secretary shall prepare and submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report containing the information described in paragraph (2) regarding breaches for which notice was provided to the Secretary under subsection (e)(3).CommentsClose CommentsPermalink





(2) INFORMATION- The information described in this paragraph regarding breaches specified in paragraph (1) shall include--CommentsClose CommentsPermalink





(A) the number and nature of such breaches; andCommentsClose CommentsPermalink





(B) actions taken in response to such breaches.CommentsClose CommentsPermalink





(j) Regulations; Effective Date- To carry out this section, the Secretary of Health and Human Services shall promulgate interim final regulations by not later than the date that is 180 days after the date of the enactment of this title. The provisions of this section shall apply to breaches that are discovered on or after the date that is 30 days after the date of publication of such interim final regulations.CommentsClose CommentsPermalink

SEC. 13403. EDUCATION ON HEALTH INFORMATION PRIVACY.

(a) Regional Office Privacy Advisors- Not later than 6 months after the date of the enactment of this Act, the Secretary shall designate an individual in each regional office of the Department of Health and Human Services to offer guidance and education to covered entities, business associates, and individuals on their rights and responsibilities related to Federal privacy and security requirements for protected health information.CommentsClose CommentsPermalink





(b) Education Initiative on Uses of Health Information- Not later than 12 months after the date of the enactment of this Act, the Office for Civil Rights within the Department of Health and Human Services shall develop and maintain a multi-faceted national education initiative to enhance public transparency regarding the uses of protected health information, including programs to educate individuals about the potential uses of their protected health information, the effects of such uses, and the rights of individuals with respect to such uses. Such programs shall be conducted in a variety of languages and present information in a clear and understandable manner.CommentsClose CommentsPermalink

SEC. 13404. APPLICATION OF PRIVACY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES.

(a) Application of Contract Requirements- In the case of a business associate of a covered entity that obtains or creates protected health information pursuant to a written contract (or other written arrangement) described in section 164.502(e)(2) of title 45, Code of Federal Regulations, with such covered entity, the business associate may use and disclose such protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of section 164.504(e) of such title. The additional requirements of this subtitle that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.CommentsClose CommentsPermalink





(b) Application of Knowledge Elements Associated With Contracts- Section 164.504(e)(1)(ii) of title 45, Code of Federal Regulations, shall apply to a business associate described in subsection (a), with respect to compliance with such subsection, in the same manner that such section applies to a covered entity, with respect to compliance with the standards in sections 164.502(e) and 164.504(e) of such title, except that in applying such section 164.504(e)(1)(ii) each reference to the business associate, with respect to a contract, shall be treated as a reference to the covered entity involved in such contract.CommentsClose CommentsPermalink





(c) Application of Civil and Criminal Penalties- In the case of a business associate that violates any provision of subsection (a) or (b), the provisions of sections 1176 and 1177 of the Social Security Act (42 U.S.C. 1320d-5, 1320d-6) shall apply to the business associate with respect to such violation in the same manner as such provisions apply to a person who violates a provision of part C of title XI of such Act.CommentsClose CommentsPermalink

SEC. 13405. RESTRICTIONS ON CERTAIN DISCLOSURES AND SALES OF HEALTH INFORMATION; ACCOUNTING OF CERTAIN PROTECTED HEALTH INFORMATION DISCLOSURES; ACCESS TO CERTAIN INFORMATION IN ELECTRONIC FORMAT.

(a) Requested Restrictions on Certain Disclosures of Health Information- In the case that an individual requests under paragraph (a)(1)(i)(A) of section 164.522 of title 45, Code of Federal Regulations, that a covered entity restrict the disclosure of the protected health information of the individual, notwithstanding paragraph (a)(1)(ii) of such section, the covered entity must comply with the requested restriction if--CommentsClose CommentsPermalink





(1) except as otherwise required by law, the disclosure is to a health plan for purposes of carrying out payment or health care operations (and is not for purposes of carrying out treatment); andCommentsClose CommentsPermalink





(2) the protected health information pertains solely to a health care item or service for which the health care provider involved has been paid out of pocket in full.CommentsClose CommentsPermalink





(b) Disclosures Required Tto Be Limited to the Limited Data Set or the Minimum Necessary-CommentsClose CommentsPermalink





(1) IN GENERAL-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), a covered entity shall be treated as being in compliance with section 164.502(b)(1) of title 45, Code of Federal Regulations, with respect to the use, disclosure, or request of protected health information described in such section, only if the covered entity limits such protected health information, to the extent practicable, to the limited data set (as defined in section 164.514(e)(2) of such title) or, if needed by such entity, to the minimum necessary to accomplish the intended purpose of such use, disclosure, or request, respectively.CommentsClose CommentsPermalink





(B) GUIDANCE- Not later than 18 months after the date of the enactment of this section, the Secretary shall issue guidance on what constitutes ‘minimum necessary’ for purposes of subpart E of part 164 of title 45, Code of Federal Regulation. In issuing such guidance the Secretary shall take into consideration the guidance under section 13424(c) and the information necessary to improve patient outcomes and to detect, prevent, and manage chronic disease.CommentsClose CommentsPermalink





(C) SUNSET- Subparagraph (A) shall not apply on and after the effective date on which the Secretary issues the guidance under subparagraph (B).CommentsClose CommentsPermalink





(2) DETERMINATION OF MINIMUM NECESSARY- For purposes of paragraph (1), in the case of the disclosure of protected health information, the covered entity or business associate disclosing such information shall determine what constitutes the minimum necessary to accomplish the intended purpose of such disclosure.CommentsClose CommentsPermalink





(3) APPLICATION OF EXCEPTIONS- The exceptions described in section 164.502(b)(2) of title 45, Code of Federal Regulations, shall apply to the requirement under paragraph (1) as of the effective date described in section 13423 in the same manner that such exceptions apply to section 164.502(b)(1) of such title before such date.CommentsClose CommentsPermalink





(4) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed as affecting the use, disclosure, or request of protected health information that has been de-identified.CommentsClose CommentsPermalink





(c) Accounting of Certain Protected Health Information Disclosures Required if Covered Entity Uses Electronic Health Record-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In applying section 164.528 of title 45, Code of Federal Regulations, in the case that a covered entity uses or maintains an electronic health record with respect to protected health information--CommentsClose CommentsPermalink





‘(A) the exception under paragraph (a)(1)(i) of such section shall not apply to disclosures through an electronic health record made by such entity of such information; andCommentsClose CommentsPermalink





‘(B) an individual shall have a right to receive an accounting of disclosures described in such paragraph of such information made by such covered entity during only the three years prior to the date on which the accounting is requested.CommentsClose CommentsPermalink





‘(2) REGULATIONS- The Secretary shall promulgate regulations on what disclosures must be included in an accounting referred to in paragraph (1)(A) and what information must be information shall be collected about each such disclosure not later than 18 months after the date on which the Secretary disclosure referred to in paragraph (1), not later than 6 months after the date on which the Secretary adopts standards on accounting for disclosure described in the section 3002(b)(2)(B)(iv) of the Public Health Service Act, as added by section 13101. Such regulations shall only require such information to be collected through an electronic health record in a manner that takes into account the interests of individuals the individuals in learning when their protected health information was disclosed and to whom it was disclosed, and the usefulness of such information to the individual,the circumstances under which their protected health information is being disclosed and takes into account the administrative and cost burden of accounting for such disclosures.CommentsClose CommentsPermalink





‘(3) CONSTRUCTION- Nothing in this subsection shall be construed asPROCESS- In response to an request from an individual for an accounting, a covered entity shall elect to provide either an--CommentsClose CommentsPermalink





‘(A) requiring a covered entity to accountaccounting, as specified under paragraph (1), for disclosures of protected health information that are not made by such coveredmade by such covered entity and by a business associate acting on behalf of the covered entity; orCommentsClose CommentsPermalink





‘(B) requiring a business associate of a covered entity to account for disclosures of protected health information that are not made by such business associateaccounting, as specified under paragraph (1), for disclosures that are made by such covered entity and provide a list of all business associates acting on behalf of the covered entity, including contact information for such associates (such as mailing address, phone, and email address).CommentsClose CommentsPermalink





A business associate included on a list under subparagraph (B) shall provide an accounting of disclosures (as required under paragraph (1) for a covered entity) made by the business associate upon a request made by an individual directly to the business associate for such an accounting.CommentsClose CommentsPermalink





‘(4) REASONABLE FEE- A covered entity may impose a reasonable fee on an individual for an accounting performed under paragraph (1)(B). Any such fee shall not be greater than the entity’s labor costs in responding to the request.‘(5) EFFECTIVE DATE-CommentsClose CommentsPermalink





‘(A) CURRENT USERS OF ELECTRONIC RECORDS- In the case of a covered entity insofar as it acquired an electronic health record as of January 1, 2009, paragraph (1) shall apply to disclosures, with respect to protected health information, made by the covered entity from such a record on and after January 1, 2014.CommentsClose CommentsPermalink





‘(B) OTHERS- In the case of a covered entity insofar as it acquires an electronic health record after January 1, 2009, paragraph (1) shall apply to disclosures, with respect to protected health information, made by the covered entity from such record on and after the later of the following:CommentsClose CommentsPermalink





‘(i) January 1, 2011; orCommentsClose CommentsPermalink





‘(ii) the date that it acquires an electronic health record.CommentsClose CommentsPermalink





‘(C) LATER DATE- The Secretary may set an effective date that is later that the date specified under subparagraph (A) or (B) if the Secretary determines that such later date its necessary, but in no case may the date specified under--CommentsClose CommentsPermalink





‘(i) subparagraph (A) be later than 20186; orCommentsClose CommentsPermalink





‘(ii) subparagraph (B) be later than 2014.

(d) Review of Health Care Operations- Not later than 18 months after the date of the enactment of this title, the Secretary shall review and evaluate the definition of health care operations under section 164.501 of title 45, Code of Federal Regulations, and to the extent appropriate, eliminate by regulation activities that can reasonably and efficiently be conducted through the use of information that is de-identified (in accordance with the requirements of section 164.514(b) of such title) or that should require a valid authorization for use or disclosure. In promulgating such regulations, the Secretary shall not require that data be de-identified or require valid authorization for use or disclosure for activities within a covered entity described in paragraph (1) of the definition of health care operations under such section 164.501. In promulgating such regulations, the Secretary may choose to narrow or clarify activities that the Secretary chooses to retain in the definition of health care operations and the Secretary shall take into account the report under section 13424(d). In such regulations the Secretary shall specify the date on which such regulations shall apply to disclosures made by a covered entity, but in no case would such date be sooner than the date that is 24 months after the date of the enactment of this section. Nothing in this subsection may be construed to supersede any provision under subsection (e) or section 13406(a).

(e3.’CommentsClose CommentsPermalink




(d) Prohibition on Sale of Electronic Health Records or Protected Health Information Obtained From Electronic Health Records-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), a covered entity or business associate shall not directly or indirectly receive remuneration in exchange for any protected health information of an individual unless the covered entity obtained from the individual, in accordance with section 164.508 of title 45, Code of Federal Regulations, a valid authorization that includes, in accordance with such section, a specification of whether the protected health information can be further exchanged for remuneration by the entity receiving protected health information of that individual.CommentsClose CommentsPermalink





(2) EXCEPTIONS- Paragraph (1) shall not apply in the following cases:CommentsClose CommentsPermalink





(A) The purpose of the exchange is for research or public health activities (as described in sections 164.501, 164.512(i), andpublic health activities (as described in section 164.512(b) of title 45, Code of Federal Regulations).CommentsClose CommentsPermalink





(B) The purpose of the exchange is for research (as described in sections 164.501 and 164.512(i) of title 45, Code of Federal Regulations) and the price charged reflects the costs of preparation and transmittal of the data for such purpose.CommentsClose CommentsPermalink





(C) The purpose of the exchange is for the treatment of the individual, subject to any regulation that the Secretary may promulgate to prevent protected health information from inappropriate access, use, or disclosure.CommentsClose CommentsPermalink





(CD) The purpose of the exchange is the health care operation specifically described in subparagraph (iv) of paragraph (6) of the definition of healthcare operations in section 164.501 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(DE) The purpose of the exchange is for remuneration that is provided by a covered entity to a business associate for activities involving the exchange of protected health information that the business associate undertakes on behalf of and at the specific request of the covered entity pursuant to a business associate agreement.CommentsClose CommentsPermalink





(EF) The purpose of the exchange is to provide an individual with a copy of the individual’s protected health information pursuant to section 164.524 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(FG) The purpose of the exchange is otherwise determined by the Secretary in regulations to be similarly necessary and appropriate as the exceptions provided in subparagraphs (A) through (EF).CommentsClose CommentsPermalink





(3) REGULATIONS- Not later than 18 months after the date of enactment of this title, the Secretary shall promulgate regulations to carry out this subsection. In promulgating such regulations, the Secretary--CommentsClose CommentsPermalink





(A) shall evaluate the impact of restricting the exception described in paragraph (2)(A) to require that the price charged for the purposes described in such paragraph reflects the costs of the preparation and transmittal of the data for such purpose, on research or public health activities, including those conducted by or for the use of the Food and Drug Administration; andCommentsClose CommentsPermalink





(B) may further restrict the exception described in paragraph (2)(A) to require that the price charged for the purposes described in such paragraph reflects the costs of the preparation and transmittal of the data for such purpose, if the Secretary finds that such further restriction will not impede such research or public health activities.CommentsClose CommentsPermalink





(4) EFFECTIVE DATE- Paragraph (1) shall apply to exchanges occurring on or after the date that is 6 months after the date of the promulgation of final regulations implementing this subsection.CommentsClose CommentsPermalink





(fe) Access to Certain Information in Electronic Format- In applying section 164.524 of title 45, Code of Federal Regulations, in the case that a covered entity uses or maintains an electronic health record with respect to protected health information of an individual--CommentsClose CommentsPermalink





(1) the individual shall have a right to obtain from such covered entity a copy of such information in an electronic format and, if the individual chooses, to direct the covered entity to transmit such copy directly to an entity or person designated by the individual, provided that any such choice is clear, conspicuous, and specific; andCommentsClose CommentsPermalink





(2) notwithstanding paragraph (c)(4) of such section, any fee that the covered entity may impose for providing such individual with a copy of such information (or a summary or explanation of such information) if such copy (or summary or explanation) is in an electronic form shall not be greater than the entity’s labor costs in responding to the request for the copy (or summary or explanation).CommentsClose CommentsPermalink

SEC. 13406. CONDITIONS ON CERTAIN CONTACTS AS PART OF HEALTH CARE OPERATIONS.

(a) Marketing-CommentsClose CommentsPermalink





(1) IN GENERAL- A communication by a covered entity or business associate that is about a product or service and that encourages recipients of the communication to purchase or use the product or service shall not be considered a health care operation for purposes of subpart E of part 164 of title 45, Code of Federal Regulations, unless the communication is made as described in subparagraph (i), (ii), or (iii) of paragraph (1) of the definition of marketing in section 164.501 of such title.CommentsClose CommentsPermalink





(2) PAYMENT FOR CERTAIN COMMUNICATIONS- A communication by a covered entity or business associate that is described in subparagraph (i), (ii), or (iii) of paragraph (1) of the definition of marketing in section 164.501 of title 45, Code of Federal Regulations, shall not be considered a health care operation for purposes of subpart E of part 164 of title 45, Code of Federal Regulations if the covered entity receives or has received direct or indirect payment in exchange for making such communication, except where--CommentsClose CommentsPermalink





(A)(i) such communication describes only a health care item or service that has previously been prescribed for or administered todrug or biologic that is currently being prescribed for the recipient of the communication, or a family member of such recipient;(B) each of the following ; andCommentsClose CommentsPermalink





(ii) any payment received by such covered entity in exchange for making a communication described in clause (i) is reasonable in amount;CommentsClose CommentsPermalink





(B) each of the following conditions apply--CommentsClose CommentsPermalink





(i) the communication is made by the covered entity; andCommentsClose CommentsPermalink





(ii) the covered entity making such communication obtains from the recipient of the communication, in accordance with section 164.508 of title 45, Code of Federal Regulations, a valid authorization (as described in paragraph (b) of such section) with respect to such communication; orCommentsClose CommentsPermalink





(C) each of the following conditions apply--CommentsClose CommentsPermalink





(i) the communication is made by a business associate on behalf of the covered entity; andCommentsClose CommentsPermalink





(ii) the communication is consistent with the written contract (or other written arrangement described in section 164.502(e)(2) of such title) between such business associate and covered entity; and(iii) the business associate making such communication, or the covered entity on behalf of which the communication is made, obtains from the recipient of the communication, in accordance with section 164.508.CommentsClose CommentsPermalink





(3) REASONABLE IN AMOUNT DEFINED- For purposes of paragraph (2), the term ‘reasonable in amount’ shall have the meaning given such term by the Secretary by regulation.CommentsClose CommentsPermalink





(4) DIRECT OR INDIRECT PAYMENT- For purposes of paragraph (2), the term ‘direct or indirect payment’ shall not include any payment for treatment (as defined in section 164.501 of title 45, Code of Federal Regulations, a valid authorization (as described in paragraph (b) of such section) with respect to) of an individual.CommentsClose CommentsPermalink





(b) Opportunity to Opt Out of Fundraising- The Secretary shall by rule provide that any written fundraising communication that is a healthcare operation as defined under section 164.501 of title 45, Code of Federal Regulations, shall, in a clear and conspicuous manner, provide an opportunity for the recipient of the communications to elect not to receive any further such communication. When an individual elects not to receive any further such communication, such election shall be treated as a revocation of authorization under section 164.508 of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(c) Effective Date- This section shall apply to contractingwritten communications occurring on or after the effective date specified under section 13423.CommentsClose CommentsPermalink

SEC. 13407. TEMPORARY BREACH NOTIFICATION REQUIREMENT FOR VENDORS OF PERSONAL HEALTH RECORDS AND OTHER NON-HIPAA COVERED ENTITIES.

(a) In General- In accordance with subsection (c), each vendor of personal health records, following the discovery of a breach of security of unsecured PHR identifiable health information that is in a personal health record maintained or offered by such vendor, and each entity described in clause (ii) or (iii, (iii), or (iv) of section 13424(b)(1)(A), following the discovery of a breach of security of such information that is obtained through a product or service provided by such entity, shall--CommentsClose CommentsPermalink





(1) notify each individual who is a citizen or resident of the United States whose unsecured PHR identifiable health information was acquired by an unauthorized person as a result of such a breach of security; andCommentsClose CommentsPermalink





(2) notify the Federal Trade Commission.CommentsClose CommentsPermalink





(b) Notification by Third Party Service Providers- A third party service provider that provides services to a vendor of personal health records or to an entity described in clause (ii) or (iii, (iii). or (iv) of section 13424(b)(1)(A) in connection with the offering or maintenance of a personal health record or a related product or service and that accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses unsecured PHR identifiable health information in such a record as a result of such services shall, following the discovery of a breach of security of such information, notify such vendor or entity, respectively, of such breach. Such notice shall include the identification of each individual whose unsecured PHR identifiable health information has been, or is reasonably believed to have been, accessed, acquired, or disclosed during such breach.CommentsClose CommentsPermalink





(c) Application of Requirements for Timeliness, Method, and Content of Notifications- Subsections (c), (d), (e), and (f) of section 13402 shall apply to a notification required under subsection (a) and a vendor of personal health records, an entity described in subsection (a) and a third party service provider described in subsection (b), with respect to a breach of security under subsection (a) of unsecured PHR identifiable health information in such records maintained or offered by such vendor, in a manner specified by the Federal Trade Commission.CommentsClose CommentsPermalink





(d) Notification of the Secretary- Upon receipt of a notification of a breach of security under subsection (a)(2), the Federal Trade Commission shall notify the Secretary of such breach.CommentsClose CommentsPermalink





(e) Enforcement- A violation of subsection (a) or (b) shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.CommentsClose CommentsPermalink





(f) Definitions- For purposes of this section:CommentsClose CommentsPermalink





(1) BREACH OF SECURITY- The term ‘breach of security’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual.CommentsClose CommentsPermalink





(2) PHR IDENTIFIABLE HEALTH INFORMATION- The term ‘PHR identifiable health information’ means individually identifiable health information, as defined in section 1171(6) of the Social Security Act (42 U.S.C. 1320d(6)), and includes, with respect to an individual, information--CommentsClose CommentsPermalink





(A) that is provided by or on behalf of the individual; andCommentsClose CommentsPermalink





(B) that identifies the individual or with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.CommentsClose CommentsPermalink





(3) UNSECURED PHR IDENTIFIABLE HEALTH INFORMATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), the term ‘unsecured PHR identifiable health information’ means PHR identifiable health information that is not protected through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2).CommentsClose CommentsPermalink





(B) EXCEPTION IN CASE TIMELY GUIDANCE NOT ISSUED- In the case that the Secretary does not issue guidance under section 13402(h)(2) by the date specified in such section, for purposes of this section, the term ‘unsecured PHR identifiable health information’ shall mean PHR identifiable health information that is not secured by a technology standard that renders protected health information unusable, unreadable, or indecipherable to unauthorized individuals and that is developed or endorsed by a standards developing organization that is accredited by the American National Standards Institute.CommentsClose CommentsPermalink





(g) Regulations; Effective Date; Sunset-CommentsClose CommentsPermalink





(1) REGULATIONS; EFFECTIVE DATE- To carry out this section, the Federal Trade Commission shall, in accordance withsection 553 of title 5, United States Code, promulgate interim final regulations by not later than the date that is 180 days after the date of the enactment of this section. The provisions of this section shall apply to breaches of security that are discovered on or after the date that is 30 days after the date of publication of such interim final regulations.CommentsClose CommentsPermalink





(2) SUNSET- TIf Congress enacts new legislation establishing requirements for notification in the case of a breach of security, that apply to entities that are not covered entities or business associates, the provisions of this section shall not apply to breaches of security occurring on or after the earlier of the following the dates:

(A) The date on which a standard relating to requirements for entities that are not covered entities that includes requirements relating to breach notification has been promulgated by the Secretary.

(B) The date on which a standard relating to requirements for entities that are not covered entities that includes requirements relating to breach notification has been promulgated by the Federal Trade Commission and has taken effectdiscovered on or after the effective date of regulations implementing such legislation.CommentsClose CommentsPermalink

SEC. 13408. BUSINESS ASSOCIATE CONTRACTS REQUIRED FOR CERTAIN ENTITIES.

Each organization, with respect to a covered entity, that provides data transmission of protected health information to such entity (or its business associate) and that requires access on a routine basis to such protected health information, such as a Health Information Exchange Organization, Regional Health Information Organization, E-prescribing Gateway, or each vendor that contracts with a covered entity to allow that covered entity to offer a personal health record to patients as part of its electronic health record, is required to enter into a written contract (or other written arrangement) described in section 164.502(e)(2) of title 45, Code of Federal Regulations and a written contract (or other arrangement) described in section 164.308(b) of such title, with such entity and shall be treated as a business associate of the covered entity for purposes of the provisions of this subtitle and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of the date of enactment of this title.CommentsClose CommentsPermalink

SEC. 13409. CLARIFICATION OF APPLICATION OF WRONGFUL DISCLOSURES CRIMINAL PENALTIES.

Section 1177(a) of the Social Security Act (42 U.S.C. 1320d-6(a)) is amended by adding at the end the following new sentence: ‘For purposes of the previous sentence, a person (including an employee or other individual) shall be considered to have obtained or disclosed individually identifiable health information in violation of this part if the information is maintained by a covered entity (as defined in the HIPAA privacy regulation described in section 1180(b)(3)) and the individual obtained or disclosed such information without authorization.’.CommentsClose CommentsPermalink

SEC. 13410. IMPROVED ENFORCEMENT.

(a) In General-CommentsClose CommentsPermalink





(1) NONCOMPLIANCE DUE TO WILLFUL NEGLECT- Section 1176 of the Social Security Act (42 U.S.C. 1320d-5) is amended--CommentsClose CommentsPermalink





(1A) in subsection (b)(1), by striking ‘the act constitutes an offense punishable under section 1177’ and inserting ‘a penalty has been imposed under section 1177 with respect to such act’; andCommentsClose CommentsPermalink





(2B) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Noncompliance Due to Willful Neglect-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A violation of a provision of this part due to willful neglect is a violation for which the Secretary is required to impose a penalty under subsection (a)(1).CommentsClose CommentsPermalink





‘(2) REQUIRED INVESTIGATION- For purposes of paragraph (1), the Secretary shall formally investigate any complaint of a violation of a provision of this part if a preliminary investigation of the facts of the complaint indicate such a possible violation due to willful neglect.’.CommentsClose CommentsPermalink





(2) ENFORCEMENT UNDER SOCIAL SECURITY ACT- Any violation by a covered entity under thus subtitle is subject to enforcement and penalties under section 1176 and 1177 of the Social Security Act.CommentsClose CommentsPermalink





(b) Effective Date; Regulations-CommentsClose CommentsPermalink





(1) The amendments made by subsection (a) shall apply to penalties imposed on or after the date that is 24 months after the date of the enactment of this title.CommentsClose CommentsPermalink





(2) Not later than 18 months after the date of the enactment of this title, the Secretary of Health and Human Services shall promulgate regulations to implement such amendments.CommentsClose CommentsPermalink





(c) Distribution of Certain Civil Monetary Penalties Collected-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to the regulation promulgated pursuant to paragraph (3), any civil monetary penalty or monetary settlement collected with respect to an offense punishable under this subtitle or section 1176 of the Social Security Act (42 U.S.C. 1320d-5) insofar as such section relates to privacy or security shall be transferred to the Office offor Civil Rights of the Department of Health and Human Services to be used for purposes of enforcing the provisions of this subtitle and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of the date of enactment of this Act.CommentsClose CommentsPermalink





(2) GAO REPORT- Not later than 18 months after the date of the enactment of this title, the Comptroller General shall submit to the Secretary a report including recommendations for a methodology under which an individual who is harmed by an act that constitutes an offense referred to in paragraph (1) may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense.CommentsClose CommentsPermalink





(3) ESTABLISHMENT OF METHODOLOGY TO DISTRIBUTE PERCENTAGE OF CMPS COLLECTED TO HARMED INDIVIDUALS- Not later than 3 years after the date of the enactment of this title, the Secretary shall establish by regulation and based on the recommendations submitted under paragraph (2), a methodology under which an individual who is harmed by an act that constitutes an offense referred to in paragraph (1) may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense.CommentsClose CommentsPermalink





(4) APPLICATION OF METHODOLOGY- The methodology under paragraph (3) shall be applied with respect to civil monetary penalties or monetary settlements imposed on or after the effective date of the regulation.CommentsClose CommentsPermalink





(d) Tiered Increase in Amount of Civil Monetary Penalties-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1176(a)(1) of the Social Security Act (42 U.S.C. 1320d-5(a)(1)) is amended by striking ‘who violates a provision of this part a penalty of not more than’ and all that follows and inserting the following: ‘who violates a provision of this part--CommentsClose CommentsPermalink





‘(A) in the case of a violation of such provision in which it is established that the person did not know (and by exercising reasonable diligence would not have known) that such person violated such provision, a penalty for each such violation of an amount that is at least the amount described in paragraph (3)(A) but not to exceed the amount described in paragraph (3)(D);CommentsClose CommentsPermalink





‘(B) in the case of a violation of such provision in which it is established that the violation was due to reasonable cause and not to willful neglect, a penalty for each such violation of an amount that is at least the amount described in paragraph (3)(B) but not to exceed the amount described in paragraph (3)(D); andCommentsClose CommentsPermalink





‘(C) in the case of a violation of such provision in which it is established that the violation was due to willful neglect--CommentsClose CommentsPermalink





‘(i) if the violation is corrected as described in subsection (b)(3)(A), a penalty in an amount that is at least the amount described in paragraph (3)(C) but not to exceed the amount described in paragraph (3)(D); andCommentsClose CommentsPermalink





‘(ii) if the violation is not corrected as described in such subsection, a penalty in an amount that is at least the amount described in paragraph (3)(D).CommentsClose CommentsPermalink





In determining the amount of a penalty under this section for a violation, the Secretary shall base such determination on the nature and extent of the violation and the nature and extent of the harm resulting from such violation.’.CommentsClose CommentsPermalink





(2) TIERS OF PENALTIES DESCRIBED- Section 1176(a) of such Act (42 U.S.C. 1320d-5(a)) is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) TIERS OF PENALTIES DESCRIBED- For purposes of paragraph (1), with respect to a violation by a person of a provision of this part--CommentsClose CommentsPermalink





‘(A) the amount described in this subparagraph is $100 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $25,000;CommentsClose CommentsPermalink





‘(B) the amount described in this subparagraph is $1,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $100,000;CommentsClose CommentsPermalink





‘(C) the amount described in this subparagraph is $10,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $250,000; andCommentsClose CommentsPermalink





‘(D) the amount described in this subparagraph is $50,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $1,500,000.’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENTS- Section 1176(b) of such Act (42 U.S.C. 1320d-5(b)) is amended--CommentsClose CommentsPermalink





(A) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; andCommentsClose CommentsPermalink





(B) in paragraph (2), as so redesignated--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘in subparagraph (B), a penalty may not be imposed under subsection (a) if’ and all that follows through ‘the failure to comply is corrected’ and inserting ‘in subparagraph (B) or subsection (a)(1)(C), a penalty may not be imposed under subsection (a) if the failure to comply is corrected’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘(A)(ii)’ and inserting ‘(A)’ each place it appears.CommentsClose CommentsPermalink





(4) EFFECTIVE DATE- The amendments made by this subsection shall apply to violations occurring after the date of the enactment of this title.CommentsClose CommentsPermalink





(e) Enforcement Through State Attorneys General-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1176 of the Social Security Act (42 U.S.C. 1320d-5) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Enforcement by State Attorneys General-CommentsClose CommentsPermalink





‘(1) CIVIL ACTION- Except as provided in subsection (b), in any case in which the attorney general of a State has reason to believe that an interest of one or more of the residents of that State has been or is threatened or adversely affected by any person who violates a provision of this part, the attorney general of the State, as parens patriae, may bring a civil action on behalf of such residents of the State in a district court of the United States of appropriate jurisdiction--CommentsClose CommentsPermalink





‘(A) to enjoin further such violation by the defendant; orCommentsClose CommentsPermalink





‘(B) to obtain damages on behalf of such residents of the State, in an amount equal to the amount determined under paragraph (2).CommentsClose CommentsPermalink





‘(2) STATUTORY DAMAGES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of paragraph (1)(B), the amount determined under this paragraph is the amount calculated by multiplying the number of violations by up to $100. For purposes of the preceding sentence, in the case of a continuing violation, the number of violations shall be determined consistent with the HIPAA privacy regulations (as defined in section 1180(b)(3)) for violations of subsection (a).CommentsClose CommentsPermalink





‘(B) LIMITATION- The total amount of damages imposed on the person for all violations of an identical requirement or prohibition during a calendar year may not exceed $25,000.CommentsClose CommentsPermalink





‘(C) REDUCTION OF DAMAGES- In assessing damages under subparagraph (A), the court may consider the factors the Secretary may consider in determining the amount of a civil money penalty under subsection (a) under the HIPAA privacy regulations.CommentsClose CommentsPermalink





‘(3) ATTORNEY FEES- In the case of any successful action under paragraph (1), the court, in its discretion, may award the costs of the action and reasonable attorney fees to the State.CommentsClose CommentsPermalink





‘(4) NOTICE TO SECRETARY- The State shall serve prior written notice of any action under paragraph (1) upon the Secretary and provide the Secretary with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Secretary shall have the right--CommentsClose CommentsPermalink





‘(A) to intervene in the action;CommentsClose CommentsPermalink





‘(B) upon so intervening, to be heard on all matters arising therein; andCommentsClose CommentsPermalink





‘(C) to file petitions for appeal.CommentsClose CommentsPermalink





‘(5) CONSTRUCTION- For purposes of bringing any civil action under paragraph (1), nothing in this section shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State.CommentsClose CommentsPermalink





‘(6) VENUE; SERVICE OF PROCESS-CommentsClose CommentsPermalink





‘(A) VENUE- Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code.CommentsClose CommentsPermalink





‘(B) SERVICE OF PROCESS- In an action brought under paragraph (1), process may be served in any district in which the defendant--CommentsClose CommentsPermalink





‘(i) is an inhabitant; orCommentsClose CommentsPermalink





‘(ii) maintains a physical place of business.CommentsClose CommentsPermalink





‘(7) LIMITATION ON STATE ACTION WHILE FEDERAL ACTION IS PENDING- If the Secretary has instituted an action against a person under subsection (a) with respect to a specific violation of this part, no State attorney general may bring an action under this subsection against the person with respect to such violation during the pendency of that action.CommentsClose CommentsPermalink





‘(8) APPLICATION OF CMP STATUTE OF LIMITATION- A civil action may not be instituted with respect to a violation of this part unless an action to impose a civil money penalty may be instituted under subsection (a) with respect to such violation consistent with the second sentence of section 1128A(c)(1).’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Subsection (b) of such section, as amended by subsection (d)(3), is amended--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘A penalty may not be imposed under subsection (a)’ and inserting ‘No penalty may be imposed under subsection (a) and no damages obtained under subsection (d)’;CommentsClose CommentsPermalink





(B) in paragraph (2)(A)--CommentsClose CommentsPermalink





(i) after ‘subsection (a)(1)(C),’, by striking ‘a penalty may not be imposed under subsection (a)’ and inserting ‘no penalty may be imposed under subsection (a) and no damages obtained under subsection (d)’; andCommentsClose CommentsPermalink





(ii) in clause (ii), by inserting ‘or damages’ after ‘the penalty’;CommentsClose CommentsPermalink





(C) in paragraph (2)(B)(i), by striking ‘The period’ and inserting ‘With respect to the imposition of a penalty by the Secretary under subsection (a), the period’; andCommentsClose CommentsPermalink





(D) in paragraph (3), by inserting ‘and any damages under subsection (d)’ after ‘any penalty under subsection (a)’.CommentsClose CommentsPermalink





(3) EFFECTIVE DATE- The amendments made by this subsection shall apply to violations occurring after the date of the enactment of this Act.CommentsClose CommentsPermalink





(f) Allowing Continued Use of Corrective Action- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Allowing Continued Use of Corrective Action- Nothing in this section shall be construed as preventing the Office of for Civil Rights of the Department of Health and Human Services from continuing, in its discretion, to use corrective action without a penalty in cases where the person did not know (and by exercising reasonable diligence would not have known) of the violation involved.’.CommentsClose CommentsPermalink

SEC. 13411. AUDITS.

The Secretary shall provide for periodic audits to ensure that covered entities and business associates that are subject to the requirements of this subtitle and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of the date of enactment of this Act, comply with such requirements.CommentsClose CommentsPermalink

PART II2--RELATIONSHIP TO OTHER LAWS; REGULATORY REFERENCES; EFFECTIVE DATE; REPORTS

SEC. 13421. RELATIONSHIP TO OTHER LAWS.

(a) Application of Hipaa State Preemption- Section 1178 of the Social Security Act (42 U.S.C. 1320d-7) shall apply to a provision or requirement under this subtitle in the same manner that such section applies to a provision or requirement under part C of title XI of such Act or a standard or implementation specification adopted or established under sections 1172 through 1174 of such Act.CommentsClose CommentsPermalink





(b) Health Insurance Portability and Accountability Act- The standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996 shall remain in effect to the extent that they are consistent with this subtitle. The Secretary shall by rule amend such Federal regulations as required to make such regulations consistent with this subtitle.CommentsClose CommentsPermalink





In carrying out the preceding sentence, the Secretary shall revise the definition of ‘psychotherapy notes’ in section 164.501 of title 45, Code of Federal Regulations, to include test data that is related to direct responses, scores, items, forms, protocols, manuals, or other materials that are part of a mental health evaluation, as determined by the mental health professional providing treatment or evaluation(c) Construction- Nothing in this subtitle shall constitute a waiver of any privilege otherwise applicable to an individual with respect to the protected health information of such individual.CommentsClose CommentsPermalink

SEC. 13422. REGULATORY REFERENCES.

Each reference in this subtitle to a provision of the Code of Federal Regulations refers to such provision as in effect on the date of the enactment of this title (or to the most recent update of such provision).CommentsClose CommentsPermalink

SEC. 13423. EFFECTIVE DATE.

Except as otherwise specifically provided, the provisions of part I shall take effect on the date that is 12 months after the date of the enactment of this title.CommentsClose CommentsPermalink

SEC. 13424. STUDIES, REPORTS, GUIDANCE.

(a) Report on Compliance-CommentsClose CommentsPermalink





(1) IN GENERAL- For the first year beginning after the date of the enactment of this Act and annually thereafter, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report concerning complaints of alleged violations of law, including the provisions of this subtitle as well as the provisions of subparts C and E of part 164 of title 45, Code of Federal Regulations, (as such provisions are in effect as of the date of enactment of this Act) relating to privacy and security of health information that are received by the Secretary during the year for which the report is being prepared. Each such report shall include, with respect to such complaints received during the year--CommentsClose CommentsPermalink





(A) the number of such complaints;CommentsClose CommentsPermalink





(B) the number of such complaints resolved informally, a summary of the types of such complaints so resolved, and the number of covered entities that received technical assistance from the Secretary during such year in order to achieve compliance with such provisions and the types of such technical assistance provided;CommentsClose CommentsPermalink





(C) the number of such complaints that have resulted in the imposition of civil monetary penalties or have been resolved through monetary settlements, including the nature of the complaints involved and the amount paid in each penalty or settlement;CommentsClose CommentsPermalink





(D) the number of compliance reviews conducted and the outcome of each such review;CommentsClose CommentsPermalink





(E) the number of subpoenas or inquiries issued;CommentsClose CommentsPermalink





(F) the Secretary’s plan for improving compliance with and enforcement of such provisions for the following year; andCommentsClose CommentsPermalink





(G) the number of audits performed and a summary of audit findings pursuant to section 13411.CommentsClose CommentsPermalink





(2) AVAILABILITY TO PUBLIC- Each report under paragraph (1) shall be made available to the public on the Internet website of the Department of Health and Human Services.CommentsClose CommentsPermalink





(b) Study and Report on Application of Privacy and Security Requirements to Non-Hipaa Covered Entities-CommentsClose CommentsPermalink





(1) STUDY- Not later than one year after the date of the enactment of this title, the Secretary, in consultation with the Federal Trade Commission, shall conduct a study, and submit a report under paragraph (2), on privacy and security requirements for entities that are not covered entities or business associates as of the date of the enactment of this title, including--CommentsClose CommentsPermalink





(A) requirements relating to security, privacy, and notification in the case of a breach of security or privacy (including the applicability of an exemption to notification in the case of individually identifiable health information that has been rendered unusable, unreadable, or indecipherable through technologies or methodologies recognized by appropriate professional organization or standard setting bodies to provide effective security for the information) that should be applied to--CommentsClose CommentsPermalink





(i) vendors of personal health records;CommentsClose CommentsPermalink





(ii) entities that offer products or services through the website of a vendor of personal health records;CommentsClose CommentsPermalink





(iii) entities that are not covered entities and that offer products or services through the websites of covered entities that offer individuals personal health records;CommentsClose CommentsPermalink





(iv) entities that are not covered entities and that access information in a personal health record or send information to a personal health record; andCommentsClose CommentsPermalink





(v) third party service providers used by a vendor or entity described in clause (i), (ii), (iii), or (iv) to assist in providing personal health record products or services;CommentsClose CommentsPermalink





(B) a determination of which Federal government agency is best equipped to enforce such requirements recommended to be applied to such vendors, entities, and service providers under subparagraph (A); andCommentsClose CommentsPermalink





(C) a timeframe for implementing regulations based on such findings.CommentsClose CommentsPermalink





(2) REPORT- The Secretary shall submit to the Committee on Finance, the Committee on Health, Education, Labor, and Pensions, and the Committee on Commerce of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the study under paragraph (1) and shall include in such report recommendations on the privacy and security requirements described in such paragraph.CommentsClose CommentsPermalink





(c) Guidance on Implementation Specification Tto De-Identify Protected Health Information- Not later than 12 months after the date of the enactment of this title, the Secretary shall, in consultation with stakeholders, issue guidance on how best to implement the requirements for the de-identification of protected health information under section 164.514(b) of title 45, Code of Federal Regulations.CommentsClose CommentsPermalink





(d) GaoAO Report on Treatment Disclosures- Not later than one year after the date of the enactment of this title, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report on the best practices related to the disclosure among health care providers of protected health information of an individual for purposes of treatment of such individual. Such report shall include an examination of the best practices implemented by States and by other entities, such as health information exchanges and regional health information organizations, an examination of the extent to which such best practices are successful with respect to the quality of the resulting health care provided to the individual and with respect to the ability of the health care provider to manage such best practices, and an examination of the use of electronic informed consent for disclosing protected health information for treatment, payment, and health care operations.CommentsClose CommentsPermalink





(e) Report Required- Not later than 1 year after the date of 5 years after the date of enactment of this section, the Government Accountability Office shall submit to Congress and the Secretary of Health and Human Services a report on the impact of any of the provisions of, or amendments made by, this division or division B that are related to the Health Insurance Portability and Accountability Act of 1996 andsection 552a of title 5, United States Code, on this Act on health insurance premiums, overall health care costs, adoption of electronic health insurance premiums and overall health care costsrecords by providers, and reduction in medical errors and other quality improvements.CommentsClose CommentsPermalink





(f) Study- The Secretary shall study the definition of ‘psychotherapy notes’ in section 164.501 of title 45, Code of Federal Regulations, with regard to including test data that is related to direct responses, scores, items, forms, protocols, manuals, or other materials that are part of a mental health evaluation, as determined by the mental health professional providing treatment or evaluation in such definitions and may, based on such study, issue regulations to revise such definition.CommentsClose CommentsPermalink

TITLE XIV--STATE FISCAL STABILIZATION FUNDCommentsClose CommentsPermalink

DEPARTMENT OF EDUCATION

State Fiscal Stabilization Fund

For necessary expenses for a State Fiscal Stabilization Fund, $39,053,600,000,000, which shall be administered by the Department of Education, and shall be available through September 30, 2010.CommentsClose CommentsPermalink

GENERAL PROVISIONS--THIS TITLE

SEC. 14001. ALLOCATIONS.

(a) Outlying Areas- The Secretary of Education shall first allocateFrom the amount appropriated to carry out this title, the Secretary of Education shall first allocate up to one-half of 1 percent to the outlying areas on the basis of their respective needs, as determined by the Secretary, in consultation with the Secretary of the Interior, for activities consistent with this title under such terms and conditions as the Secretary may determine.CommentsClose CommentsPermalink





(b) Administration and Oversight- The Secretary may, in addition, reserve up to $2514,000,000 for administration and oversight of this title, including for program evaluation.CommentsClose CommentsPermalink





(c) Reservation for Additional Programs- After reserving funds under subsections (a) and (b), the Secretary shall reserve $7,500,000,0005,000,000,000 for grants under sections 1406 and 1406 and 14007.CommentsClose CommentsPermalink





(d) State Allocations- After carrying out subsections (a), (b), and (c), the Secretary shall allocate the remaining funds made available to carry out this title to the States as follows:CommentsClose CommentsPermalink





(1) 61 percent on the basis of their relative population of individuals aged 5 through 24.CommentsClose CommentsPermalink





(2) 39 percent on the basis of their relative total population.CommentsClose CommentsPermalink





(e) State Grants- From funds allocated under subsection (d), the Secretary shall make grants to the Governor of each State.CommentsClose CommentsPermalink





(f) Reallocation- The Governor shall return to the Secretary any funds received under subsection (e) that the Governor does not obligate within 1 year of receiving a grant, and the Secretary award as subgrants or otherwise commit within two years of receiving such funds, and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (d).CommentsClose CommentsPermalink

SEC. 14002. STATE USES OF FUNDS.

Education Fund- (a) IN GENERAL- The Governor shall use (a) Education Fund- CommentsClose CommentsPermalink





(1) IN GENERAL- For each fiscal year, the Governor shall use 81.8 percent of the State’s allocation under section 140101(d) for the support of elementary, secondary, and postsecondary education and, as applicable, early childhood education programs and services.CommentsClose CommentsPermalink





(b) RESTORING 20082) RESTORING STATE SUPPORT FOR EDUCATION-CommentsClose CommentsPermalink





(1A) IN GENERAL- The Governor shall first use the funds described in subsection (a)--(Aparagraph (1)--CommentsClose CommentsPermalink





(i) to provide the amount of funds, through the State’s principalmary elementary and secondary funding formula, that is needed to restore State support for elementary and secondary education to the fiscal year 2008 level; ande, that is needed--CommentsClose CommentsPermalink





(I) to restore, in each of fiscal years 2009, 2010, and 2011, the level of State support provided through such formulae to the greater of the fiscal year 2008 or fiscal year 2009 level; andCommentsClose CommentsPermalink





(II) where applicable, to allow existing State formula increases for fiscal years 2009, 2010, and 2011 to be e increases to support elementary and secondary education for fiscal years 2010 and 2011 to be implemented and allow funding for phasing in State equity and adequacy adjustments that were enacted prior to July 1, 2008; and(B) to provide, if such increases were enacted pursuant to State law prior to October 1, 2008.CommentsClose CommentsPermalink





(ii) to provide, in each of fiscal years 2009, 2010, and 2011, the amount of funds to public institutions of higher education in the State that is needed to restore State support for postsecondary education to the fiscal year 2008 such institutions (excluding tuition and fees paid by students) to the greater of the fiscal year 2008 or fiscal year 2009 level.CommentsClose CommentsPermalink





(2B) SHORTFALL- If the Governor determines that the amount of funds available under subsection (aparagraph (1) is insufficient to restore State support for education tosupport, in each of fiscal years 2009, 2010, and 2011, public elementary, secondary, and higher education at the levels described in subparagraphs (A) and (B) of paragraph (1), the clauses (i) and (ii) of subparagraph (A), the Governor shall allocate those funds between those clauses in proportion to the relative shortfall in State support for the education sectors described in those clauses.CommentsClose CommentsPermalink





(cC) FISCAL YEAR- For purposes of this paragraph, the term ‘fiscal year’ shall have the meaning given such term under State law.CommentsClose CommentsPermalink





(3) SUBGRANTS TO IMPROVE BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES- After carrying out subsection (bparagraph (2), the Governor shall use any funds remaining under subsection (a) to provide local educational agencies in the State with paragraph (1) to provide local educational agencies in the State with subgrants based on their relative shares of funding under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent year for which data are available.CommentsClose CommentsPermalink





SEC. 14 (b) Other Government Services- CommentsClose CommentsPermalink





(1) IN GENERAL- The Governor shall use 18.2 percent of the State’s allocation under section 14001 for public safety and other government services, which may include assistance for elementary and secondary education and public institutions of higher education, and for modernization, renovation, or repair of public school facilities and institutions of higher education facilities, including modernization, renovation, and repairs that are consistent with a recognized green building rating system.CommentsClose CommentsPermalink





(2) AVAILABILITY TO ALL INSTITUTIONS OF HIGHER EDUCATION- A Governor shall not consider the type or mission of an institution of higher education, and shall consider any institution for funding for modernization, renovation, and repairs within the State that--CommentsClose CommentsPermalink





(A) qualifies as an institution of higher education, as defined in subsection 14013(3); andCommentsClose CommentsPermalink





(B) continues to be eligible to participate in the programs under title IV of the Higher Education Act of 1965.CommentsClose CommentsPermalink





(c) RULE OF CONSTRUCTION- Nothing in this section shall allow a local educational agency to engage in school modernization, renovation, or repair that is inconsistent with State law.CommentsClose CommentsPermalink

SEC. 14003. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES.

(1a) In General- A local educational agency that receives funds under this title may use the funds for any activity authorized by the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) (‘ESEA’), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) (‘IDEA’), the Adult and Family Literacy Act (20 U.S.C. 1400 et seq.), or the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) (‘the Perkins Act’) or for modernization, renovation, or repair of public school facilities, including modernization, renovation, and repairs that are consistent with a recognized green building rating system.CommentsClose CommentsPermalink





(b) Prohibition- A local educational agency may not use funds received under this title for capital projects unless authorized by ESEA, IDEA, or the Perkins Act.SEC. 14ROHIBITION- A local educational agency may not use funds received under this title for--CommentsClose CommentsPermalink





(1) payment of maintenance costs;CommentsClose CommentsPermalink





(2) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;CommentsClose CommentsPermalink





(3) purchase or upgrade of vehicles; orCommentsClose CommentsPermalink





(4) improvement of stand-alone facilities whose purpose is not the education of children, including central office administration or operations or logistical support facilities.CommentsClose CommentsPermalink





(c) RULE OF CONSTRUCTION- Nothing in this section shall allow a local educational agency to engage in school modernization, renovation, or repair that is inconsistent with State law.CommentsClose CommentsPermalink

SEC. 14004. USES OF FUNDS BY INSTITUTIONS OF HIGHER EDUCATION.

(a) In General- A public institution of higher education that receives funds under this title shall use the funds for education and general expenditures, and in such a way as to mitigate the need to raise tuition and fees for in-State students, or for modernization, renovation, or repair of institution of higher education facilities that are primarily used for instruction, research, or student housing, including modernization, renovation, and repairs that are consistent with a recognized green building rating system.CommentsClose CommentsPermalink





(b) Prohibition- An institution of higher education may not use funds received under this title to increase its endowment.CommentsClose CommentsPermalink





(c) Additional Prohibition- An institution of higher education may not use funds received under this title for construction, renovation, or facility repairNo funds awarded under this title may be used for--CommentsClose CommentsPermalink





(1) the maintenance of systems, equipment, or facilities;CommentsClose CommentsPermalink





(2) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; orCommentsClose CommentsPermalink





(3) modernization, renovation, or repair of facilities--CommentsClose CommentsPermalink





(A) used for sectarian instruction or religious worship; orCommentsClose CommentsPermalink





(B) in which a substantial portion of the functions of the facilities are subsumed in a religious mission.CommentsClose CommentsPermalink

SEC. 14005. STATE APPLICATIONS.

(a) In General- The Governor of a State desiring to receive an allocation under section 14001 shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require.CommentsClose CommentsPermalink





(b) Application- TIn such application, the Governor shall--CommentsClose CommentsPermalink





(1) include the assurances described in subsection (d);CommentsClose CommentsPermalink





(2) provide baseline data that demonstrates the State’s current status in each of the areas described in such assurances; andCommentsClose CommentsPermalink





(3) describe how the State intends to use its allocation, including whether the State will use such allocation to meet maintenance of effort requirements under the ESEA and IDEA and, in such cases, what amount will be used to meet such requirements.CommentsClose CommentsPermalink





(c) Incentive Grant Application- The Governor of a State seeking a grant under section 14006 shall--CommentsClose CommentsPermalink





(1) submit an application for consideration;CommentsClose CommentsPermalink





(2) describe the status of the State’s progress in each of the areas described in subsection (d), and the strategies the State is employing to help ensure that students in the subgroups described in section 1111(b)(2)(C)(v)(II) of the ESEA (20 U.S.C. 6311(b)(2)(C)(v)(II)) who have not met the State’s proficiency targets continue making progress toward meeting the State’s student academic achievement standards;CommentsClose CommentsPermalink





(3) describe the achievement and graduation rates (as described in section 1111(b)(2)(C)(vi) of the ESEA (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations) of public elementary and secondary school students in the State, and the strategies the State is employing to help ensure that all subgroups of students identified in 1111(b)(2) of ESEAsection 1111(b)(2) of the ESEA (20 U.S.C. 6311(b)(2)) in the State continue making progress toward meeting the State’s student academic achievement standards;CommentsClose CommentsPermalink





(4) describe how the State would use its grant funding to improve student academic achievement in the State, including how it will allocate the funds to give priority to high-need schools and local educational agencies; andCommentsClose CommentsPermalink





(5) include a plan for evaluating itthe State’s progress in closing achievement gaps.CommentsClose CommentsPermalink





(d) Assurances- An application under subsection (b) shall include the following assurances:CommentsClose CommentsPermalink





(1) MAINTENANCE OF EFFORT-CommentsClose CommentsPermalink





(A) ELEMENTARY AND SECONDARY EDUCATION- The State will, in each of fiscal years 2009 and 2010, 2010, and 2011, maintain State support for elementary and secondary education at least at the level of such support in fiscal year 2006.CommentsClose CommentsPermalink





(B) HIGHER EDUCATION- The State will, in each of fiscal years 2009 and 2010, 2010, and 2011, maintain State support for public institutions of higher education (not including support for capital projects or for research and development) at least at the or tuition and fees paid by students) at least at the level of such support in fiscal year 2006.CommentsClose CommentsPermalink





(2) ACHIEVING EQUITY IN TEACHER DISTRIBUTION- The State will take action, including activities outlined in section 2113(c) of ESEA, to increase the number, and improve the distribution, of effective teachers and principals in highs to improve teacher effectiveness and comply with section 1111(b)(8)(C) of the ESEA (20 U.S.C. 6311(b)(8)(C)) in order to address inequities in the distribution of highly qualified teachers between high- and low-poverty schools and local educational agencies throughout the State, and to ensure that low-income and minority children are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers.CommentsClose CommentsPermalink





(3) IMPROVING COLLECTION AND USE OF DATA- The State will establish a longitudinal data system that includes the elements described in section 6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. 9871).CommentsClose CommentsPermalink





(4) STANDARDS AND ASSESSMENTS- The State--CommentsClose CommentsPermalink





(A) will enhance the quality of the academic assessments described in section 1111(b)(3) ofit administers pursuant to section 1111(b)(3) of the ESEA (20 U.S.C. 6311(b)(3)) through activities such as those described in section 6112(a) of such Act (20 U.S.C. 7301a(a));CommentsClose CommentsPermalink





(B) will comply with the requirements of paragraphs (3)(C)(ix) and (6) of section 1111(b) of the ESEA (20 U.S.C. 6311(b)) and section 612(a)(16) of the IDEA (20 U.S.C. 1412(a)(16)) related to the inclusion of children with disabilities and limited English proficient students in State assessments, the development of valid and reliable assessments for those students, and the provision of accommodations that enable their participation in State assessments; andCommentsClose CommentsPermalink





(C) will take steps to improve State academic content standards and student academic achievement standards consistent with 6401(e)(1)(A)(ii) of the section 6401(e)(1)(9)(A)(ii) of the America COMPETES Act.CommentsClose CommentsPermalink





(5) SUPPORTING STRUGGLING SCHOOLS- The State will ensure compliance with the requirements of section 1116(a)(7)(C)(iv) and section 1116(a)(8)(B) of the ESEA with respect to schools identified under such sections.CommentsClose CommentsPermalink

SEC. 14006. STATE INCENTIVE GRANTS.

(a) In General-CommentsClose CommentsPermalink





(1) RESERVATION- From the total amount reserved under section 1401(c) that is not used 01(c) that is not used for section 140707, the Secretary may reserve up to 1 percent for technical assistance to States to assist them in meeting the objectives of paragraphs (2), (3), (4), and (5) of section 14005(d).CommentsClose CommentsPermalink





(2) REMAINDER- Of the remaining funds, the Secretary shall, in fiscal year 2010, make grants to States that have made significant progress in meeting the objectives of paragraphs (2), (3), (4), and (5) of section 14005(d).CommentsClose CommentsPermalink





(b) Basis for Grants- The Secretary shall determine which States receive grants under this section, and the amount of those grants, on the basis of information provided in State applications under section 14005 and such other criteria as the Secretary determines appropriate, which may include a State’s need for assistance to help meet the objective of paragraphs (2), (3), (4), and (5) of section 14005(d).CommentsClose CommentsPermalink





(c) Subgrants to Local Educational Agencies- Each State receiving a grant under this section shall use at least 50 percent of the grant to provide local educational agencies in the State with subgrants based on their relative shares of funding under part A of title I of the ESEA (20 U.S.C. 6311 et seq.) for the most recent year.CommentsClose CommentsPermalink

SEC. 14007. INNOVATION FUND.

(a) In General-CommentsClose CommentsPermalink





(1) ELIGIBLE ENTITY- For the purposes IES- For the purposes of this section, the term ‘eligible entity’ means--CommentsClose CommentsPermalink





(A) Aa local educational agency; orCommentsClose CommentsPermalink





(B) a partnership between a nonprofit organization and--CommentsClose CommentsPermalink





(i) one or more local educational agencies;(ii) or orCommentsClose CommentsPermalink





(ii) a consortium of schools.CommentsClose CommentsPermalink





(2) PROGRAM ESTABLISHED- From the total amount reserved under section 14001(c), the Secretary may reserve up to $650,000,000 to establish an Innovation Fund, which shall consist of academic achievement awards that recognize eligible entities that meet the requirements described in subsection (b).CommentsClose CommentsPermalink





(3) BASIS FOR AWARDS- The Secretary shall make awards to eligible entities that have made significant gains in closing the achievement gap as described in subsection (b)(1)--CommentsClose CommentsPermalink





(A) to allow such eligible entities to expand their work and serve as models for best practices;CommentsClose CommentsPermalink





(B) to allow such eligible entities to work in partnership with the private sector and the philanthropic community; andCommentsClose CommentsPermalink





(C) to identify and document best practices that can be shared, and taken to scale based on demonstrated success.CommentsClose CommentsPermalink





(b) Eligibility- To be eligible for such an award, an eligible entity shall--CommentsClose CommentsPermalink





(1) have significantly closed the achievement gaps between groups of students described in section 1111(b)(2) of the ESEA (20 U.S.C. 6311(b)(2));CommentsClose CommentsPermalink





(2) have exceeded the State’s annual measurable objectives consistent with such section 1111(b)(2) for 2 or more consecutive years or have demonstrated success in significantly increasing student academic achievement for all groups of students described in such section through another measure, such as measures described in section 1111(c)(2) of the ESEA;CommentsClose CommentsPermalink





(3) have made significant improvement in other areas, such as graduation rates or increased recruitment and placement of high-quality teachers and school leaders, as demonstrated with meaningful data; andCommentsClose CommentsPermalink





(4) demonstrate that they have established partnerships with the private sector, which may include philanthropic organizations, and that the private sector will provide matching funds in order to help bring results to scale.CommentsClose CommentsPermalink





SEC. 14 (c) SPECIAL RULE- In the case of an eligible entity that includes a nonprofit organization, the eligible entity shall be considered to have met the eligibility requirements of paragraphs (1), (2), (3) of subsection (b) if such nonprofit organization has a record of meeting such requirements. CommentsClose CommentsPermalink

SEC. 14008. STATE REPORTS.

AFor each year of the program under this title, a State receiving funds under this title shall submit a report to the Secretary, at such time and in such manner as the Secretary may require, that describes--CommentsClose CommentsPermalink





(1) the uses of funds provided under this title within the State;CommentsClose CommentsPermalink





(2) how the State distributed the funds it received under this title;CommentsClose CommentsPermalink





(3) the number of jobs that the Governor estimates were saved or created with funds the State received under this title;CommentsClose CommentsPermalink





(4) tax increases that the Governor estimates were averted because of the availability of funds from this title;CommentsClose CommentsPermalink





(5) the State’s progress in reducing inequities in the distribution of highly qualified teachers, in implementing a State student longitudinal data system, and in developing and implementing valid and reliable assessments for limited English proficient students and children with disabilities;CommentsClose CommentsPermalink





(6) the tuition and fee increases for in-State students imposed by public institutions of higher education in the State during the period of availability of funds under this title, and a description of any actions taken by the State to limit those increases;CommentsClose CommentsPermalink





and(7) the extent to which public institutions of higher education (7) the extent to which public institutions of higher education maintained, increased, or decreased enrollment of in-State students, including students eligible for Pell Grants or other need-based financial assistance.SEC. 14; andCommentsClose CommentsPermalink





(8) a description of each modernization, renovation and repair project funded, which shall include the amounts awarded and project costs.CommentsClose CommentsPermalink

SEC. 14009. EVALUATION.

The Comptroller General of the United States shall conduct evaluations of the programs under sections 1406 and 1406 and 14007 which shall include, but not be limited to, the criteria used for the awards made, the States selected for awards, award amounts, how each State used the award received, and the impact of this funding on the progress made toward closing achievement gaps.CommentsClose CommentsPermalink

SEC. 14010. SECRETARY’S REPORT TO CONGRESS.

The Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate, not less than 6 months following the submission of the State reports, that evaluates the information provided in the State reports under section 140808 and the information required by section 14005(b)(3) including State-by-State information.CommentsClose CommentsPermalink

SEC. 14011. PROHIBITION ON PROVISION OF CERTAIN ASSISTANCE.

No recipient of funds under this title shall use such funds to provide financial assistance to students to attend private elementary or secondary schools, unless such funds are used to provide special education and related services to children with disabilities, as authorized by.CommentsClose CommentsPermalink

(a) IN GENERAL- For the purpose of relieving fiscal burdens on States and local educational agencies that have experienced a precipitous decline in financial resources, the Secretary of Education may waive or modify any requirement of this title relating to maintaining fiscal effort.CommentsClose CommentsPermalink





(b) DURATION- A waiver or modification under this section shall be for any of fiscal year 2009, fiscal year 2010, or fiscal year 2011, as determined by the Secretary.CommentsClose CommentsPermalink





(c) CRITERIA- The Secretary shall not grant a waiver or modification under this section unless the Secretary determines that the State or local educational agency receiving such waiver or modification will not provide for elementary and secondary education, for the fiscal year under consideration, a smaller percentage of the total revenues available to the State or local educational agency than the amount provided for such purpose in the preceding fiscal year.CommentsClose CommentsPermalink





(d) MAINTENANCE OF EFFORT- Upon prior approval from the Secretary, a State or local educational agency that receives funds under this title may treat any portion of such funds that is used for elementary, secondary, or postsecondary education as non-Federal funds for the purpose of any requirement to maintain fiscal effort under any other program, including part C of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)31 et seq.), administered by the Secretary.CommentsClose CommentsPermalink





(e) SUBSEQUENT LEVEL OF EFFORT- Notwithstanding (d), the level of effort required by a State or local educational agency for the following fiscal year shall not be reduced.CommentsClose CommentsPermalink

SEC. 1412013. DEFINITIONS.

Except as otherwise provided in this title, as used in this title--CommentsClose CommentsPermalink





(1) the terms ‘elementary education’ and ‘secondary education’ have the meaning given such terms under State law;CommentsClose CommentsPermalink





(2) the term ‘high-need local educational agency’ means a local educational agency--CommentsClose CommentsPermalink





(A) that serves not fewer than 10,000 children from families with incomes below the poverty line; orCommentsClose CommentsPermalink





(B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line;CommentsClose CommentsPermalink





(3) the term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);CommentsClose CommentsPermalink





(24) the term ‘Secretary’ means the Secretary of Education;CommentsClose CommentsPermalink





(35) the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; andCommentsClose CommentsPermalink





(4) any other term that is defined in section 9101 of6) any other term used that is defined in section 9101 of the ESEA (20 U.S.C. 7801) shall have the meaning given the term in such section.CommentsClose CommentsPermalink

SEC. 1413. REGULATORY RELIEF.

(a) Waiver Authority- Subject to subsections (b) and (c), the Secretary of Education may, as applicable, waive or modify, in order to ease fiscal burdens, any requirement relating to the following:

(1) Maintenance of effort.

(2) The use of Federal funds to supplement, not supplant, non-Federal funds.

(b) Duration- A waiver under this section shall be for fiscal years 2009 and 2010.

(c) Limitations-

(1) RELATION TO IDEA- Nothing in this section shall be construed to permit the Secretary to waive or modify any provision of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), except as described in a(1) and a(2).

(2) MAINTENANCE OF EFFORT- If the Secretary grants a waiver or modification under this section waiving or modifying a requirement relating to maintenance of effort for fiscal years 2009 and 2010, the level of effort required for fiscal year 2011 shall not be reduced because of the waiver or modification.

TITLE XV--RECOVERY ACCOUNTABILITY AND TRANSPARENCYCommentsClose CommentsPermalink

SEC. 1501. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) AGENCY- The term ‘agency’ has the meaning given under section 551 of title 5, United States Code.CommentsClose CommentsPermalink





(2) BOARD- The term ‘Board’ means the Recovery Accountability and Transparency Board established in section 15121.CommentsClose CommentsPermalink





(3) CHAIRPERSON- The term ‘Chairperson’ means the Chairperson of the Board.CommentsClose CommentsPermalink





(4) COVERED FUNDS- The term ‘covered funds’ means any funds that are expended or obligated--(A) from appropriations made under this Act; and(B) under any other authorities provided under this Act.CommentsClose CommentsPermalink





(5) PANEL- The term ‘Panel’ means the Recovery Independent Advisory Panel established in section 15341.CommentsClose CommentsPermalink

Subtitle A--Transparency and Oversight RequirementsCommentsClose CommentsPermalink

Subtitle B--Recovery Accountability and Transparency BoardCommentsClose CommentsPermalink

SEC. 15121. ESTABLISHMENT OF THE RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD.

There is established the Recovery Accountability and Transparency Board to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse.CommentsClose CommentsPermalink

SEC. 15122. COMPOSITION OF BOARD.

(a) Chairperson-CommentsClose CommentsPermalink





(1) DESIGNATION OR APPOINTMENT- The President shall--CommentsClose CommentsPermalink





(A) designate the Deputy Director for Management of the Office of Management and Budget to serve as Chairperson of the Board;CommentsClose CommentsPermalink





(B) designate another Federal officer who was appointed by the President to a position that required the advice and consent of the Senate, to serve as Chairperson of the Board; orCommentsClose CommentsPermalink





(C) appoint an individual as the Chairperson of the Board, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





(2) COMPENSATION-CommentsClose CommentsPermalink





(A) DESIGNATION OF FEDERAL OFFICER- If the President designates a Federal officer under paragraph (1)(A) or (B) to serve as Chairperson, that Federal officer may not receive additional compensation for services performed as Chairperson.CommentsClose CommentsPermalink





(B) APPOINTMENT OF NON-FEDERAL OFFICER- If the President appoints an individual as Chairperson under paragraph (1)(C), that individual shall be compensated at the rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.CommentsClose CommentsPermalink





(b) Members- The members of the Board shall include--CommentsClose CommentsPermalink





(1) the Inspectors General of the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Justice, Transportation, Treasury, and the Treasury Inspector General for Tax Administration; andCommentsClose CommentsPermalink





(2) any other Inspector General as designated by the President from any agency that expends or obligates covered funds.CommentsClose CommentsPermalink

SEC. 15123. FUNCTIONS OF THE BOARD.

(a) Functions-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall coordinate and conduct oversight of covered funds in order to prevent fraud, waste, and abuse.CommentsClose CommentsPermalink





(2) SPECIFIC FUNCTIONS- The functions of the Board shall include--CommentsClose CommentsPermalink





(A) reviewing whether the reporting of contracts and grants using covered funds meets applicable standards and specifies the purpose of the contract or grant and measures of performance;CommentsClose CommentsPermalink





(B) reviewing whether competition requirements applicable to contracts and grants using covered funds have been satisfied;CommentsClose CommentsPermalink





(C) auditing and investigating covered funds to or reviewing covered funds to determine whether wasteful spending, poor contract or grant management, or other abuses are occurring and referring matters it considers appropriate for investigation to the inspector general for the agency that disbursed the covered funds;CommentsClose CommentsPermalink





(D) reviewing whether there are sufficient qualified acquisition and grant personnel overseeing covered funds;CommentsClose CommentsPermalink





(E) reviewing whether personnel whose duties involve acquisitions or grants made with covered funds receive adequate training; andCommentsClose CommentsPermalink





(F) reviewing whether there are appropriate mechanisms for interagency collaboration relating to covered funds, including coordinating and collaborating to the extent practicable with the Inspectors General Council on Integrity and Efficiency established by the Inspector General Reform Act of 2008 (Public Law 110-409).CommentsClose CommentsPermalink





(b) Reports-CommentsClose CommentsPermalink





(1) FLASH AND OTHER REPORTS- The Board shall submit to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, reports, to be known as ‘flash reports’, on potential management and funding problems that require immediate attention. The Board also shall submit to Congress such other reports as the Board considers appropriate on the use and benefits of funds made available in this Act.CommentsClose CommentsPermalink





(2) QUARTERLY REPORTS- The Board shall submit quarterly reports to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, summarizing the findings of the Board and the findings of inspectors general of agencies. The Board may submit additional reports as appropriate.CommentsClose CommentsPermalink





(23) ANNUAL REPORTS- The Board shall submit annual reports to the President and Congress, including the Committees on Appropriations of the Senate and House of Representatives, consolidating applicable quarterly reports on the use of covered funds.CommentsClose CommentsPermalink





(34) PUBLIC AVAILABILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- All reports submitted under this subsection shall be made publicly available and posted on a website established by the Boardthe website established by section 1526.CommentsClose CommentsPermalink





(B) REDACTIONS- Any portion of a report submitted under this subsection may be redacted when made publicly available, if that portion would disclose information that is not subject to disclosure undersection 552 of title 5, United States Code (commonly known as the Freedom of Information Act) sections 552 and 552a of title 5, United States Code.CommentsClose CommentsPermalink





(c) Recommendations-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall make recommendations to agencies on measures to prevent fraud, waste, and abuse relating to covered funds.CommentsClose CommentsPermalink





(2) RESPONSIVE REPORTS- Not later than 30 days after receipt of a recommendation under paragraph (1), an agency shall submit a report to the President, the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives, and the Board on--CommentsClose CommentsPermalink





(A) whether the agency agrees or disagrees with the recommendations; andCommentsClose CommentsPermalink





(B) any actions the agency will take to implement the recommendations.CommentsClose CommentsPermalink

SEC. 15124. POWERS OF THE BOARD.

(a) In General- The Board shall conduct, supervise, and coordinate audits and investigations by inspectors general of agencies relating to covered funds.(b)reviews of spending of covered funds and coordinate on such activities with the inspectors general of the relevant agency to avoid duplication and overlap of work.CommentsClose CommentsPermalink





(b) Audits and InvestigationReviews- The Board may--CommentsClose CommentsPermalink





(1) conduct its own independent audits and investigations relating to covered reviews relating to covered funds; andCommentsClose CommentsPermalink





(2) collaborate on audits and investigations relating to covered funds with any inspector general of an agency.(c)reviews relating to covered funds with any inspector general of an agency.CommentsClose CommentsPermalink





(c) Authorities-CommentsClose CommentsPermalink





(1) AUDITS AND INVESTIGATIONREVIEWS- In conducting audits and investigationreviews, the Board shall have the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). Additionally, the Board may issue subpoenas to compel the testimony of persons who are not Federal officers or employees and may enforce such subpoenas in the same manner as provided for inspector general subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink





(2) STANDARDS AND GUIDELINES- The Board shall carry out the powers under subsections (a) and (b) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink





(d) Public Hearings- The Board may hold public hearings and Board personnel may conduct investigative depositionnecessary inquiries. The head of each agency shall make all officers and employees of that agency available to provide testimony to the Board and Board personnel. The Board may issue subpoenas to compel the testimony of persons who are not Federal officers or employees at such public hearings. Any such subpoenas may be enforced as providedin the same manner as provided for inspector general subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink





(e) Contracts- The Board may enter into contracts to enable the Board to discharge its duties under this subtitle, including contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Board.CommentsClose CommentsPermalink





(f) Transfer of Funds- The Board may transfer funds appropriated to the Board for expenses to support administrative support services and audits or investigations, reviews, or other activities related to oversight by the Board of covered funds to any office of inspector general, the Office of Management and Budget, the General Services Administration, and the Panel.CommentsClose CommentsPermalink

SEC. 15125. EMPLOYMENT, PERSONNEL, AND RELATED AUTHORITIES.

(a) Employment and Personnel Authorities-CommentsClose CommentsPermalink





(1) IN GENERAL-CommentsClose CommentsPermalink





(A) AUTHORITIES- Subject to paragraph (2), the Board may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section).CommentsClose CommentsPermalink





(B) APPLICATION- For purposes of exercising the authorities described under subparagraph (A), the term ‘Chairperson of the Board’ shall be substituted for the term ‘head of a temporary organization’.CommentsClose CommentsPermalink





(C) CONSULTATION- In exercising the authorities described under subparagraph (A), the Chairperson shall consult with members of the Board.CommentsClose CommentsPermalink





(2) EMPLOYMENT AUTHORITIES- In exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under paragraph (1) of this subsection--CommentsClose CommentsPermalink





(A) paragraph (2) of subsection (b) of section 3161 of that title (relating to periods of appointments) shall not apply; andCommentsClose CommentsPermalink





(B) no period of appointment may exceed the date on which the Board terminates under section 152130.CommentsClose CommentsPermalink





(b) Information and Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- Upon request of the Board for information or assistance from any agency or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Board, or an authorized designee.CommentsClose CommentsPermalink





(2) REPORT OF REFUSALS- Whenever information or assistance requested by the Board is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report the circumstances to the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives, without delay.CommentsClose CommentsPermalink





(c) Administrative Support- The General Services Administration shall provide the Board with administrative support services, including the provision of office space and facilities.CommentsClose CommentsPermalink

SEC. 1516. INDEPENDENCE OF INSPECTORS GENERAL.

(a) Independent Authority- Nothing in this subtitle shall affect the independent authority of an inspector general to determine whether to conduct an audit or investigation of covered funds.

(b) Requests by Board- If the Board requests that an inspector general conduct or refrain from conducting an audit or investigation and the inspector general rejects the request in whole or in part, the inspector general shall, not later than 30 days after rejecting the request, submit a report to the Board, the head of the applicable agency, and the congressional committees of jurisdiction, including the Committees on Appropriations of the Senate and House of Representatives. The report shall state the reasons that the inspector general has rejected the request in whole or in part.

SEC. 1517. COORDINATION WITH THE COMPTROLLER GENERAL AND STATE AUDITORS.

The Board shall coordinate its oversight activities with the Comptroller General of the United States and State auditor generals.

SEC. 1518. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS.

(a) Prohibition of Reprisals- An employee of any non-Federal employer receiving covered funds may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to the Board, an inspector general, the Comptroller General, a member of Congress, or a the head of a Federal agency, or their representatives, information that the employee reasonably believes is evidence of--

(1) gross mismanagement of an agency contract or grant relating to covered funds;

(2) a gross waste of covered funds;

(3) a substantial and specific danger to public health or safety; or

(4) a violation of law related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds.

(b) Investigation of Complaints-

(1) IN GENERAL- A person who believes that the person has been subjected to a reprisal prohibited by subsection (a) may submit a complaint to the appropriate inspector general. Unless the inspector general determines that the complaint is frivolous, the inspector general shall investigate the complaint and, upon completion of such investigation, submit a report of the findings of the investigation to the person, the person’s employer, the head of the appropriate agency, and the Board.

(2) TIME LIMITATIONS FOR ACTIONS-

(A) IN GENERAL- Except as provided under subparagraph (B), the inspector general shall make a determination that a complaint is frivolous or submit a report under paragraph (1) within 180 days after receiving the complaint.

(B) EXTENSION- If the inspector general is unable to complete an investigation in time to submit a report within the 180-day period specified under subparagraph (A) and the person submitting the complaint agrees to an extension of time, the inspector general shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the inspector general and the person submitting the complaint.

(c) Remedy and Enforcement Authority-

(1) AGENCY ACTION- Not later than 30 days after receiving an inspector general report under subsection (b), the head of the agency concerned shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief or shall take 1 or more of the following actions:

(A) Order the employer to take affirmative action to abate the reprisal.

(B) Order the employer to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.

(C) Order the employer to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency.

(2) CIVIL ACTION- If the head of an agency issues an order denying relief under paragraph (1) or has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of time under subsection (b)(2)(B), not later than 30 days after the expiration of the extension of time, and there is no showing that such delay is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the employer to seek compensatory damages and other relief available under this section in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury.

(3) EVIDENCE- An inspector general determination and an agency head order denying relief under paragraph (2) shall be admissible in evidence in any de novo action at law or equity brought in accordance with this subsection.

(4) JUDICIAL ENFORCEMENT OF ORDER- Whenever a person fails to comply with an order issued under paragraph (1), the head of the agency shall file an action for enforcement of such order in the United States district court for a district in which the reprisal was found to have occurred. In any action brought under this paragraph, the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.

(5) JUDICIAL REVIEW- Any person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review of the order’s conformance with this subsection, and any regulations issued to carry out this section, in the United States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency. Review shall conform to chapter 7 of title 5, United States Code.

(d) Rule of Construction- Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (a) or to modify or derogate from a right or remedy otherwise available to the employee.

SEC. 151926. BOARD WEBSITE.

(a) Establishment- The Board shall establish and maintain, no later than 30 days after enactment of this Act, a user-friendly, public-facing website to foster greater accountability and transparency in the use of covered funds.CommentsClose CommentsPermalink





(b) Purpose- The website established and maintained under subsection (a) shall be a portal or gateway to key information relating to this Act and provide connections to other Government websites with related information.CommentsClose CommentsPermalink





(c) Content and Function- In establishing the website established and maintained under subsection (a), the Board shall ensure the following:CommentsClose CommentsPermalink





(1) The website shall provide materials explaining what this Act means for citizens. The materials shall be easy to understand and regularly updated.CommentsClose CommentsPermalink





(2) The website shall provide accountability information, including a database of findings from audits, inspectors general, and the Government Accountability Office.CommentsClose CommentsPermalink





(3) The website shall provide data on relevant economic, financial, grant, and contract information in user-friendly visual presentations to enhance public awareness of the use of covered funds.CommentsClose CommentsPermalink





(4) The website shall provide detailed data on contracts awarded by the Federal Government that expend covered funds, including information about the competitiveness of the contracting process, notification of solicitations for contracts to be awarded, and information about the process that was used for the award of contracts, and for contracts over $500,000 a summary of the contract.CommentsClose CommentsPermalink





(5) The website shall include printable reports on covered funds obligated by month to each State and congressional district.CommentsClose CommentsPermalink





(6) The website shall provide a means for the public to give feedback on the performance of contracts that expend covered funds.CommentsClose CommentsPermalink





(7) The website shall be include detailed information on Federal Government contracts and grants that expend covered funds, to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget.CommentsClose CommentsPermalink





(8) The website shall provide a link to estimates of the jobs sustained or created by the Act.CommentsClose CommentsPermalink





(9) The website shall provide a link to information about announcements of grant competitions and solicitations for contracts to be awarded.CommentsClose CommentsPermalink





(10) The website shall include appropriate links to other government websites with information concerning covered funds, including Federal agency and State websites.CommentsClose CommentsPermalink





(11) The website shall include a plan from each Federal agency for using funds made available in this Act to the agency.CommentsClose CommentsPermalink





(12) The website shall provide information on Federal allocations of formula grants and awards of competitive grants using covered funds.CommentsClose CommentsPermalink





(13) The website shall provide information on Federal allocations of mandatory and other entitlement programs by State, county, or other appropriate geographical unit.CommentsClose CommentsPermalink





(14) To the extent practical, the website shall provide, organized by the location of the job opportunities involved, links to and information about how to access job opportunities, including, if possible, links to or information about local employment agencies, job banks operated by State workforce agencies, the Department of Labor’s CareerOneStop website, State, local and other public agencies receiving Federal funding, and private firms contracted to perform work with Federal funding, in order to direct job seekers to job opportunities created by this Act.CommentsClose CommentsPermalink





(15) The website shall be enhanced and updated as necessary to carry out the purposes of this subtitle.CommentsClose CommentsPermalink





(d) Waiver- The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security.SEC. 1520 or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 1529. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as necessary to carry out this subtitle.CommentsClose CommentsPermalink

SEC. 152130. TERMINATION OF THE BOARD.

The Board shall terminate on September 30, 2012.Subtitle B3.CommentsClose CommentsPermalink

Subtitle C--Recovery Independent Advisory PanelCommentsClose CommentsPermalink

SEC. 15341. ESTABLISHMENT OF RECOVERY INDEPENDENT ADVISORY PANEL.

(a) Establishment- There is established the Recovery Independent Advisory Panel.CommentsClose CommentsPermalink





(b) Membership- The Panel shall be composed of 5 members who shall be appointed by the President.CommentsClose CommentsPermalink





(c) Qualifications- Members shall be appointed on the basis of expertise in economics, public finance, contracting, accounting, or any other relevant field.CommentsClose CommentsPermalink





(d) Initial Meeting- Not later than 30 days after the date on which all members of the Panel have been appointed, the Panel shall hold its first meeting.CommentsClose CommentsPermalink





(e) Meetings- The Panel shall meet at the call of the Chairperson of the Panel.CommentsClose CommentsPermalink





(f) Quorum- A majority of the members of the Panel shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink





(g) Chairperson and Vice Chairperson- The Panel shall select a Chairperson and Vice Chairperson from among its members.CommentsClose CommentsPermalink

SEC. 15342. DUTIES OF THE PANEL.

The Panel shall make recommendations to the Board on actions the Board could take to prevent fraud, waste, and abuse relating to covered funds.CommentsClose CommentsPermalink

SEC. 15343. POWERS OF THE PANEL.

(a) Hearings- The Panel may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Panel considers advisable to carry out this subtitle.CommentsClose CommentsPermalink





(b) Information From Federal Agencies- The Panel may secure directly from any agency such information as the Panel considers necessary to carry out this subtitle. Upon request of the Chairperson of the Panel, the head of such agency shall furnish such information to the Panel.CommentsClose CommentsPermalink





(c) Postal Services- The Panel may use the United States mails in the same manner and under the same conditions as agencies of the Federal Government.CommentsClose CommentsPermalink





(d) Gifts- The Panel may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink

SEC. 15344. PANEL PERSONNEL MATTERS.

(a) Compensation of Members- Each member of the Panel who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Panel. All members of the Panel who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.CommentsClose CommentsPermalink





(b) Travel Expenses- The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel.CommentsClose CommentsPermalink





(c) Staff-CommentsClose CommentsPermalink





(1) IN GENERAL- The Chairperson of the Panel may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Panel to perform its duties. The employment of an executive director shall be subject to confirmation by the Panel.CommentsClose CommentsPermalink





(2) COMPENSATION- The Chairperson of the Panel may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.CommentsClose CommentsPermalink





(3) PERSONNEL AS FEDERAL EMPLOYEES-CommentsClose CommentsPermalink





(A) IN GENERAL- The executive director and any personnel of the Panel who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title.CommentsClose CommentsPermalink





(B) MEMBERS OF PANEL- Subparagraph (A) shall not be construed to apply to members of the Panel.CommentsClose CommentsPermalink





(d) Detail of Government Employees- Any Federal Government employee may be detailed to the Panel without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink





(e) Procurement of Temporary and Intermittent Services- The Chairperson of the Panel may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.CommentsClose CommentsPermalink





(f) Administrative Support- The General Services Administration shall provide the BoardPanel with administrative support services, including the provision of office space and facilities.CommentsClose CommentsPermalink

SEC. 15345. TERMINATION OF THE PANEL.

The Panel shall terminate on September 30, 20123.CommentsClose CommentsPermalink

SEC. 15346. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as necessary to carry out this subtitle.CommentsClose CommentsPermalink

Subtitle D--Reports on Use of FundAdditional Accountability and Transparency RequirementsCommentsClose CommentsPermalink

SEC. 1551. REPORTS ON USE OF FUNDAUTHORITY TO ESTABLISH SEPARATE FUNDING ACCOUNTS.

SEC. 1553. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS.

(a) Short Title- This section may be cited as the ‘Jobs Accountability Act’.

(b) Definitions- In this section:

(1) AGENCY- The term ‘agency’ has the meaning given undersection 551 of title 5, United States CodeProhibition of Reprisals- An employee of any non-Federal employer receiving covered funds may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee’s duties, to the Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct), a court or grand jury, the head of a Federal agency, or their representatives, information that the employee reasonably believes is evidence of--CommentsClose CommentsPermalink




(1) gross mismanagement of an agency contract or grant relating to covered funds;CommentsClose CommentsPermalink





(2) a gross waste of covered funds;CommentsClose CommentsPermalink





(3) a substantial and specific danger to public health or safety related to the implementation or use of covered funds;CommentsClose CommentsPermalink





(4) an abuse of authority related to the implementation or use of covered funds; orCommentsClose CommentsPermalink





(5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds.CommentsClose CommentsPermalink





(b) Investigation of Complaints-CommentsClose CommentsPermalink





(1) IN GENERAL- A person who believes that the person has been subjected to a reprisal prohibited by subsection (a) may submit a complaint regarding the reprisal to the appropriate inspector general. Except as provided under paragraph (3), unless the inspector general determines that the complaint is frivolous, does not relate to covered funds, or another Federal or State judicial or administrative proceeding has previously been invoked to resolve such complaint, the inspector general shall investigate the complaint and, upon completion of such investigation, submit a report of the findings of the investigation to the person, the person’s employer, the head of the appropriate agency, and the Board.CommentsClose CommentsPermalink





(2) RECIPIENT- The term ‘recipient’--

(A) means any entity that receives recovery funds (including recovery funds received through grant, loan, or contract) other than an individual; and

(B) includes a State that receives recovery fundsTIME LIMITATIONS FOR ACTIONS-CommentsClose CommentsPermalink




(A) IN GENERAL- Except as provided under subparagraph (B), the inspector general shall, not later than 180 days after receiving a complaint under paragraph (1)--CommentsClose CommentsPermalink





(i) make a determination that the complaint is frivolous, does not relate to covered funds, or another Federal or State judicial or administrative proceeding has previously been invoked to resolve such complaint; orCommentsClose CommentsPermalink





(ii) submit a report under paragraph (1).CommentsClose CommentsPermalink





(B) EXTENSIONS-CommentsClose CommentsPermalink





(i) VOLUNTARY EXTENSION AGREED TO BETWEEN INSPECTOR GENERAL AND COMPLAINANT- If the inspector general is unable to complete an investigation under this section in time to submit a report within the 180-day period specified under subparagraph (A) and the person submitting the complaint agrees to an extension of time, the inspector general shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the inspector general and the person submitting the complaint.CommentsClose CommentsPermalink





(ii) EXTENSION GRANTED BY INSPECTOR GENERAL- If the inspector general is unable to complete an investigation under this section in time to submit a report within the 180-day period specified under subparagraph (A), the inspector general may extend the period for not more than 180 days without agreeing with the person submitting the complaint to such extension, provided that the inspector general provides a written explanation (subject to the authority to exclude information under paragraph (4)(C)) for the decision, which shall be provided to both the person submitting the complaint and the non-Federal employer.CommentsClose CommentsPermalink





(iii) SEMI-ANNUAL REPORT ON EXTENSIONS- The inspector general shall include in semi-annual reports to Congress a list of those investigations for which the inspector general received an extension.CommentsClose CommentsPermalink





(3) RECOVERY FUNDS- The term ‘recovery funds’ means any funds that are made available--

(A) from appropriations made under this Act; and

(B) under any other authorities provided under this Act.

(c) Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from an agency shall submit a report to that agency that contains--

(1) the total amount of recovery funds received from that agency;

(2) the amount of recovery funds received that were expended or obligated to projects or activities; and

(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including--

(A) the name of the project or activity;

(B) a description of the projectDISCRETION NOT TO INVESTIGATE COMPLAINTS-CommentsClose CommentsPermalink




(A) IN GENERAL- The inspector general may decide not to conduct or continue an investigation under this section upon providing to the person submitting the complaint and the non-Federal employer a written explanation (subject to the authority to exclude information under paragraph (4)(C)) for such decision.CommentsClose CommentsPermalink





(B) ASSUMPTION OF RIGHTS TO CIVIL REMEDY- Upon receipt of an explanation of a decision not to conduct or continue an investigation under subparagraph (A), the person submitting a complaint shall immediately assume the right to a civil remedy under subsection (c)(3) as if the 210-day period specified under such subsection has already passed.CommentsClose CommentsPermalink





(C) SEMI-ANNUAL REPORT- The inspector general shall include in semi-annual reports to Congress a list of those investigations the inspector general decided not to conduct or continue under this paragraph.CommentsClose CommentsPermalink





(4) ACCESS TO INVESTIGATIVE FILE OF INSPECTOR GENERAL-CommentsClose CommentsPermalink





(A) IN GENERAL- The person alleging a reprisal under this section shall have access to the investigation file of the appropriate inspector general in accordance with section 552a of title 5, United States Code (commonly referred to as the ‘Privacy Act’). The investigation of the inspector general shall be deemed closed for purposes of disclosure under such section when an employee files an appeal to an agency head or a court of competent jurisdiction.CommentsClose CommentsPermalink





(B) CIVIL ACTION- In the event the person alleging the reprisal brings suit under subsection (c)(3), the person alleging the reprisal and the non-Federal employer shall have access to the investigative file of the inspector general in accordance with the Privacy Act.CommentsClose CommentsPermalink





(C) EXCEPTION- The inspector general may exclude from disclosure--CommentsClose CommentsPermalink





(i) information protected from disclosure by a provision of law; andCommentsClose CommentsPermalink





(ii) any additional information the inspector general determines disclosure of which would impede a continuing investigation, provided that such information is disclosed once such disclosure would no longer impede such investigation, unless the inspector general determines that disclosure of law enforcement techniques, procedures, or information could reasonably be expected to risk circumvention of the law or activity;

(C) an evaluation of the completion status of the project or activity; and

(D) an analysis of the number of jobs created and the number of jobs retained by the project or activity.

(d) Agency Reports- Not later than 30 days after the end of each calendar quarter, each agency that made recovery funds available to any recipient shall make the information in reports submitted under subsectiondisclose the identity of a confidential source.CommentsClose CommentsPermalink




(5) PRIVACY OF INFORMATION- An inspector general investigating an alleged reprisal under this section may not respond to any inquiry or disclose any information from or about any person alleging such reprisal, except in accordance with the provisions of section 552a of title 5, United States Code, or as required by any other applicable Federal law.CommentsClose CommentsPermalink





(c) publicly available by posting the information onRemedy and Enforcement Authority-CommentsClose CommentsPermalink





(1) BURDEN OF PROOF-CommentsClose CommentsPermalink





(A) DISCLOSURE AS CONTRIBUTING FACTOR IN REPRISAL-CommentsClose CommentsPermalink





(i) IN GENERAL- A person alleging a reprisal under this section shall be deemed to have affirmatively established the occurrence of the reprisal if the person demonstrates that a disclosure described in subsection (a) was a contributing factor in the reprisal.CommentsClose CommentsPermalink





(ii) USE OF CIRCUMSTANTIAL EVIDENCE- A disclosure may be demonstrated as a contributing factor in a reprisal for purposes of this paragraph by circumstantial evidence, including--CommentsClose CommentsPermalink





(I) evidence that the official undertaking the reprisal knew of the disclosure; orCommentsClose CommentsPermalink





(II) evidence that the reprisal occurred within a period of time after the disclosure such that a reasonable person could conclude that the disclosure was a contributing factor in the reprisal.CommentsClose CommentsPermalink





(B) OPPORTUNITY FOR REBUTTAL- The head of an agency may not find the occurrence of a reprisal with respect to a websitereprisal that is affirmatively established under subparagraph (A) if the non-Federal employer demonstrates by clear and convincing evidence that the non-Federal employer would have taken the action constituting the reprisal in the absence of the disclosure.CommentsClose CommentsPermalink





(2) AGENCY ACTION- Not later than 30 days after receiving an inspector general report under subsection (b), the head of the agency concerned shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief in whole or in part or shall take 1 or more of the following actions:CommentsClose CommentsPermalink





(A) Order the employer to take affirmative action to abate the reprisal.CommentsClose CommentsPermalink





(B) Order the employer to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.CommentsClose CommentsPermalink





(C) Order the employer to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency or a court of competent jurisdiction.CommentsClose CommentsPermalink





(3) CIVIL ACTION- If the head of an agency issues an order denying relief in whole or in part under paragraph (1), has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of time under subsection (b)(2)(B)(i), within 30 days after the expiration of the extension of time, or decides under subsection (b)(3) not to investigate or to discontinue an investigation, and there is no showing that such delay or decision is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the employer to seek compensatory damages and other relief available under this section in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury.CommentsClose CommentsPermalink





(4) JUDICIAL ENFORCEMENT OF ORDER- Whenever a person fails to comply with an order issued under paragraph (2), the head of the agency shall file an action for enforcement of such order in the United States district court for a district in which the reprisal was found to have occurred. In any action brought under this paragraph, the court may grant appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorneys fees and costs.CommentsClose CommentsPermalink





(5) JUDICIAL REVIEW- Any person adversely affected or aggrieved by an order issued under paragraph (2) may obtain review of the order’s conformance with this subsection, and any regulations issued to carry out this section, in the United States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency. Review shall conform to chapter 7 of title 5, United States Code.CommentsClose CommentsPermalink





(d) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes-CommentsClose CommentsPermalink





(1) WAIVER OF RIGHTS AND REMEDIES- Except as provided under paragraph (3), the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement.CommentsClose CommentsPermalink





(2) PREDISPUTE ARBITRATION AGREEMENTS- Except as provided under paragraph (3), no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising under this section.CommentsClose CommentsPermalink





(3) EXCEPTION FOR COLLECTIVE BARGAINING AGREEMENTS- Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under the collective bargaining agreement.CommentsClose CommentsPermalink





(e) Other Reports- The Congressional Budget Office and the Government Accountability Office shall comment on the information described in subsection (c)(3)(D) for any reports submitted under subsection (c). Such comments shall be due within 7 days after such reports are submittedRequirement to Post Notice of Rights and Remedies- Any employer receiving covered funds shall post notice of the rights and remedies provided under this section.CommentsClose CommentsPermalink





(f) Rules of Construction-CommentsClose CommentsPermalink





(1) NO IMPLIED AUTHORITY TO RETALIATE FOR NON-PROTECTED DISCLOSURES- Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (a) or to modify or derogate from a right or remedy otherwise available to the employee.CommentsClose CommentsPermalink





(2) RELATIONSHIP TO STATE LAWS- Nothing in this section may be construed to preempt, preclude, or limit the protections provided for public or private employees under State whistleblower laws.CommentsClose CommentsPermalink





(g) Definitions- In this section:CommentsClose CommentsPermalink





(1) ABUSE OF AUTHORITY- The term ‘abuse of authority’ means an arbitrary and capricious exercise of authority by a contracting official or employee that adversely affects the rights of any person, or that results in personal gain or advantage to the official or employee or to preferred other persons.CommentsClose CommentsPermalink





(2) COVERED FUNDS- The term ‘covered funds’ means any contract, grant, or other payment received by any non-Federal employer if--CommentsClose CommentsPermalink





(A) the Federal Government provides any portion of the money or property that is provided, requested, or demanded; andCommentsClose CommentsPermalink





(B) at least some of the funds are appropriated or otherwise made available by this Act.CommentsClose CommentsPermalink





(3) EMPLOYEE- The term ‘employee’--CommentsClose CommentsPermalink





(A) except as provided under subparagraph (B), means an individual performing services on behalf of an employer; andCommentsClose CommentsPermalink





(B) does not include any Federal employee or member of the uniformed services (as that term is defined in section 101(a)(5) of title 10, United States Code).CommentsClose CommentsPermalink





(4) NON-FEDERAL EMPLOYER- The term ‘non-Federal employer’--CommentsClose CommentsPermalink





(A) means any employer--CommentsClose CommentsPermalink





(i) with respect to covered funds--CommentsClose CommentsPermalink





(I) the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; andCommentsClose CommentsPermalink





(II) any professional membership organization, certification or other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; orCommentsClose CommentsPermalink





(ii) with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor of the State or local government; andCommentsClose CommentsPermalink





(B) does not mean any department, agency, or other entity of the Federal Government.CommentsClose CommentsPermalink





(5) STATE OR LOCAL GOVERNMENT- The term ‘State or local government’ means--CommentsClose CommentsPermalink





(A) the government of each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; orCommentsClose CommentsPermalink





(B) the government of any political subdivision of a government listed in subparagraph (A).CommentsClose CommentsPermalink

To the maximum extent possible, contracts funded under this Act shall be awarded as fixed-price contracts through the use of competitive procedures. A summary of any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures shall be posted in a special section of the website established in section 1526.CommentsClose CommentsPermalink

TITLE XVI--GENERAL PROVISIONS--THIS ACT

emergency designation

Sec. 1601. Each amount in this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009.

availability

Sec. 1602. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

relationship to other appropriationsSec. 1603 RELATIONSHIP TO OTHER APPROPRIATIONS

Sec. 1601. Each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved. Enactment of this Act shall have no effect on the availability of amounts under the Continuing Appropriations Resolution, 2009 (division A of Public Law 110-329).CommentsClose CommentsPermalink

buy americanSec PREFERENCE FOR QUICK-START ACTIVITIES

SEC. 1604. None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.CommentsClose CommentsPermalink

Sec. 1605. Use of American Iron, Steel, and Manufactured Goods. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.CommentsClose CommentsPermalink





(b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that--CommentsClose CommentsPermalink





(1) applying subsection (a) would be inconsistent with the public interest;CommentsClose CommentsPermalink





(2) iron, steel, and the relevant manufactured goods are not produced in the United States ifn sufficient and reasonably available quantities and of a satisfactory quality; orCommentsClose CommentsPermalink





(3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.CommentsClose CommentsPermalink





(c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written jurisdiction as to why the provision is being stification as to why the provision is being waived.CommentsClose CommentsPermalink





(d) This section shall be applied in a manner consistent with United States obligations under international agreements.CommentsClose CommentsPermalink

certificationSec. 1605. With respect to funds in titles I though XVI of this Act made available to State, or local government agencies, WAGE RATE REQUIREMENTS

SEC. 1607. (a) Certification by Governor- Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that: (1) the State will request and use funds provided by this Act; and (2) the funds will be used to create jobs and promote economic growth.CommentsClose CommentsPermalink





(b) Acceptance by State Legislature- If funds provided to any State in any division of this Act are not accepted for use by the Governor, mayor, or other chief executive, as appropriate, shall certify that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. A State or local agency may not receive infrastructure investment funding from funds made available in this Act unless this certification is made.economic stabilization contractingSec. 1606. Reform of Contracting Procedures Underthen acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.CommentsClose CommentsPermalink





(c) Distribution- After the adoption of a State legislature’s concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State’s discretion.CommentsClose CommentsPermalink

SEC. 1608. REFORM OF CONTRACTING PROCEDURES UNDER EESA. Section 107(b) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5217(b)) is amended by inserting ‘and individuals with disabilities and businesses owned by individuals with disabilities (for purposes of this subsection the term ‘individual with disability’ has the same meaning as the term ‘handicapped individual’ as that term is defined in section 3(f) of the Small Business Act (15 U.S.C. 632(f)),’ after ‘(12 U.S.C. 1441a(r)(4)),’.CommentsClose CommentsPermalink





Sec. 1607. FindingsEC. 1609. (a) FINDINGS-CommentsClose CommentsPermalink





(1) The National Environmental Policy Act protects public health, safety and environmental quality: by ensuring transparency, accountability and public involvement in federal actions and in the use of public funds;CommentsClose CommentsPermalink





(2) When President Nixon signed the National Environmental Policy Act into law on January 1, 1970, he said that the Act provided the ‘direction’ for the country to ‘regain a productive harmony between man and nature’;CommentsClose CommentsPermalink





(3) The National Environmental Policy Act helps to provide an orderly process for considering federal actions and funding decisions and prevents ligation and delay that would otherwise be inevitable and existed prior to the establishment of the National Environmental Policy Act.CommentsClose CommentsPermalink





(ab) Adequate resources within this bill must be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act are completed on an expeditious basis and that the shortest existing applicable process under the National Environmental Policy Act shall be utilized.CommentsClose CommentsPermalink





(bc) The President shall report to the Senate Environment and Public Works Committee and the House Natural Resources Committee every 90 days following the date of enactment until September 30, 2011 on the status and progress of projects and activities funded by this Act with respect to compliance with National Environmental Policy Act requirements and documentation.CommentsClose CommentsPermalink





PROHIBITION ON NO-BID CONTRACTS AND EARMARKSSec. 1608. (a) Notwithstanding any other provision of this Act, nSEC. 1610. (a) None of the funds appropriated or otherwise made available by this Act may be used to make any payment in connection with a contract unless the contract is awarded using competitive procedures in accordance with the requirements of section 303 of, for projects initiated after the effective date of this Act, may be used by an executive agency to enter into any Federal contract unless such contract is entered into in accordance with the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253), section 2304 or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation.

(b) Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be awarded by grant or cooperative agreement unless the process used to award such grant or cooperative agreement uses competitive procedures to select the grantee or award recipient.

Sec. 1609. Limit on Funds.

None of the amounts appropriated or otherwise made available by this Act may be used for any casino or other gambling establishment, aquarium, zoo, golf course, swimming pool, stadium, community park, museum, theater, art center, and highway beautification proje, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes.CommentsClose CommentsPermalink




(b) All projects to be conducted under the authority of the Indian Self-Determination and Education Assistance Act, the Tribally-Controlled Schools Act, the Sanitation and Facilities Act, the Native American Housing and Self-Determination Assistance Act and the Buy-Indian Act shall be identified by the appropriate Secretary and the appropriate Secretary shall incorporate provisions to ensure that the agreement conforms with the provisions of this Act regarding the timing for use of funds and transparency, oversight, reporting, and accountability, including review by the Inspectors General, the Accountability and Transparency Board, and Government Accountability Office, consistent with the objectives of this Act.CommentsClose CommentsPermalink





Sec. 16101. Hiring American workers in companies receiving TARP funding.(a) Short TitleWorkers in Companies Receiving TARP Funding. (a) SHORT TITLE- This section may be cited as the ‘Employ American Workers Act’.CommentsClose CommentsPermalink





(b) ProhibitionROHIBITION-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.CommentsClose CommentsPermalink





(2) DEFINED TERM- In this subsection, the term ‘hire’ means to permit a new employee to commence a period of employment.CommentsClose CommentsPermalink





(c) Sunset Provision- This section shall be effective during the 2-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink





SEC. 1612. During the current fiscal year not to exceed 1 percent of any appropriation made available by this Act may be transferred by an agency head between such appropriations funded in this Act of that department or agency: Provided, That such appropriations shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further, That the agency head shall notify the Committees on Appropriations of the Senate and House of Representatives of the transfer 15 days in advance: Provided further, That notice of any transfer made pursuant to this authority be posted on the website established by the Recovery Act Accountability and Transparency Board 15 days following such transfer: Provided further, That the authority contained in this section is in addition to transfer authorities otherwise available under current law: Provided further, That the authority provided in this section shall not apply to any appropriation that is subject to transfer provisions included elsewhere in this Act.CommentsClose CommentsPermalink

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

TITLE I--TAX PROVISIONSCommentsClose CommentsPermalink

SEC. 1000. SHORT TITLE, ETC.

(a) Short Title- This title may be cited as the ‘American Recovery and Reinvestment Tax Act of 2009’.CommentsClose CommentsPermalink





(b) Reference- Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(c) Table of Contents- The table of contents for this title is as follows:CommentsClose CommentsPermalink

TITLE I--TAX PROVISIONS

Sec. 1000. Short title, etc.CommentsClose CommentsPermalink

Subtitle A--Tax Relief for Individuals and Families

PART I--General Tax Relief

Sec. 1001. Making work pay credit.CommentsClose CommentsPermalink





Sec. 1002. Temporary increase in earned income tax credit.CommentsClose CommentsPermalink





Sec. 1003. Temporary increase of refundable portion of child credit.CommentsClose CommentsPermalink





Sec. 1004. American opportunity tax credit.CommentsClose CommentsPermalink





Sec. 1005. Computer technology and equipment allowed as a qualified higher education expense for section 529 accounts in 2009 and 2010.CommentsClose CommentsPermalink





Sec. 1006. Credit for certain home purchasesExtension of and increase in first-time homebuyer credit; waiver of requirement to repay.CommentsClose CommentsPermalink





Sec. 1007. Suspension of tax on portion of unemployment compensation.CommentsClose CommentsPermalink





Sec. 1008. Above-the-line deduction for interest on indebtedness with respect to the purchase of certain motor vehicles.Sec. 1009. Above-the-linedditional deduction for State sales tax and excise tax on the purchase of certain motor vehicles.CommentsClose CommentsPermalink

PART II--Alternative Minimum Tax Relief

Sec. 1011. Extension of alternative minimum tax relief for nonrefundable personal credits.CommentsClose CommentsPermalink





Sec. 1012. Extension of increased alternative minimum tax exemption amount.CommentsClose CommentsPermalink

Subtitle B--Energy Incentives

PART I--Renewable Energy Incentives

Sec. 1101. Extension of credit for electricity produced from certain renewable resources.CommentsClose CommentsPermalink





Sec. 1102. Election of investment credit in lieu of production credit.CommentsClose CommentsPermalink





Sec. 1103. Repeal of certain limitations on credit for renewable energy property.CommentsClose CommentsPermalink





Sec. 1104. Coordination with renewable energy grants.CommentsClose CommentsPermalink

PART II--Increased Allocations of New Clean Renewable Energy Bonds and Qualified Energy Conservation Bonds

Sec. 1111. Increased limitation on issuance of new clean renewable energy bonds.CommentsClose CommentsPermalink





Sec. 1112. Increased limitation on issuance of qualified energy conservation bonds.CommentsClose CommentsPermalink

PART III--Energy Conservation Incentives

Sec. 1121. Extension and modification of credit for nonbusiness energy property.CommentsClose CommentsPermalink





Sec. 1122. Modification of credit for residential energy efficient property.CommentsClose CommentsPermalink





Sec. 1123. Temporary increase in credit for alternative fuel vehicle refueling property.CommentsClose CommentsPermalink

PART IV--Energy Research Incentives

Sec. 1131. Increased research credit for energy research.

PART V--Modification of Credit for Carbon Dioxide Sequestration

Sec. 11431. Application of monitoring requirements to carbon dioxide used as a tertiary injectant.CommentsClose CommentsPermalink

PART VI--Plug-in Electric Drive Motor Vehicles

Sec. 1151. Modification of credit for qualified plug-in electric41. Credit for new qualified plug-in electric drive motor vehicles.CommentsClose CommentsPermalink





Sec. 1142. Credit for certain plug-in electric vehicles.CommentsClose CommentsPermalink





Sec. 1143. Conversion kits.CommentsClose CommentsPermalink





Sec. 1144. Treatment of alternative motor vehicle credit as a personal credit allowed against AMT.CommentsClose CommentsPermalink

Subtitle C--Tax Incentives for Business

PART I--Temporary Investment Incentives

Sec. 1201. Special allowance for certain property acquired during 2009.CommentsClose CommentsPermalink





Sec. 1202. Temporary increase in limitations on expensing of certain depreciable business assets.CommentsClose CommentsPermalink

PART II--5-Year Carryback of Operating LosseSmall Business Provisions

Sec. 1211. 5-year carryback of operating losses of small businesses.CommentsClose CommentsPermalink





Sec. 1212. Exception for TARP recipientDecreased required estimated tax payments in 2009 for certain small businesses.CommentsClose CommentsPermalink

PART III--Incentives for New Jobs

Sec. 1221. Incentives to hire unemployed veterans and disconnected youth.CommentsClose CommentsPermalink

PART IV--Cancellation of IndebtednesRules Relating to Debt Instruments

Sec. 1231. Deferral and ratable inclusion of income arising from business indebtedness discharged by the repurchaseacquisition of a debt instrument.CommentsClose CommentsPermalink





Sec. 1232. Modifications of rules for original issue discount on certain high yield obligations.CommentsClose CommentsPermalink

PART V--Qualified Small Business Stock

Sec. 1241. Special rules applicable to qualified small business stock for 2009 and 2010.CommentsClose CommentsPermalink

PART VI--Parity for Transportation Fringe Benefits

Sec. 1251. Increased exclusion amount for commuter transit benefits and transit passes.

PART VII--S Corporations

Sec. 12651. Temporary reduction in recognition period for built-in gains tax.CommentsClose CommentsPermalink

PART VIII--Broadband Incentives

Sec. 1271. Broadband Internet access tax credit.

PART IX--Clarification of Regulations Related to Limitations on Certain Built-in Losses Following an--Rules Relating to Ownership ChangeSec. 128s

Sec. 1261. Clarification of regulations related to limitations on certain built-in losses following an ownership change.CommentsClose CommentsPermalink





Sec. 1262. Treatment of certain ownership changes for purposes of limitations on net operating loss carryforwards and certain built-in losses.CommentsClose CommentsPermalink

Subtitle D--Manufacturing Recovery Provisions

Sec. 1301. Temporary expansion of availability of industrial development bonds to facilities manufacturing intangible property.CommentsClose CommentsPermalink





Sec. 1302. Credit for investment in advanced energy facilities.CommentsClose CommentsPermalink

Subtitle E--Economic Recovery Tools

Sec. 1401. Recovery zone bonds.CommentsClose CommentsPermalink





Sec. 1402. Tribal economic development bonds.CommentsClose CommentsPermalink





Sec. 1403. Modifications toIncrease in new markets tax credit.CommentsClose CommentsPermalink





Sec. 1404. Coordination of low-income housing credit and low-income housing grants.CommentsClose CommentsPermalink

Subtitle F--Infrastructure Financing Tools

PART I--Improved Marketability for Tax-Exempt Bonds

Sec. 1501. De minimis safe harbor exception for tax-exempt interest expense of financial institutions.CommentsClose CommentsPermalink





Sec. 1502. Modification of small issuer exception to tax-exempt interest expense allocation rules for financial institutions.CommentsClose CommentsPermalink





Sec. 1503. Temporary modification of alternative minimum tax limitations on tax-exempt bonds.CommentsClose CommentsPermalink





Sec. 1504. Modification to high speed intercity rail facility bonds.CommentsClose CommentsPermalink

PART II--Delay in Application of Withholding Tax on Government Contractors

Sec. 1511. Delay in application of withholding tax on government contractors.CommentsClose CommentsPermalink

PART III--Tax Credit Bonds for Schools

Sec. 1521. Qualified school construction bonds.CommentsClose CommentsPermalink





Sec. 1522. Extension and expansion of qualified zone academy bonds.CommentsClose CommentsPermalink

PART IV--Build America Bonds

Sec. 1531. Build America bonds.CommentsClose CommentsPermalink

Subtitle G--Economic Recovery Payments to Certain IndividualsSec. 1601. Economic recovery payment to recipients of Social Security, supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefitsOther Provisions

Sec. 1601. Application of certain labor standards to projects financed with certain tax-favored bonds.CommentsClose CommentsPermalink





Sec. 1602. Grants to States for low-income housing projects in lieu of low-income housing credit allocations for 2009.CommentsClose CommentsPermalink





Sec. 1603. Grants for specified energy property in lieu of tax credits.CommentsClose CommentsPermalink





Sec. 1604. Increase in public debt limit.CommentsClose CommentsPermalink

Subtitle H--Trade Adjustment Assistance

Sec. 1701. Temporary extension of Trade Adjustment Assistance program.

Subtitle I--Prohibition on Collection of Certain Payments Made Under the Continued Dumping and Subsidy Offset Act of 2000

Sec. 18701. Prohibition on collection of certain payments made under the Continued Dumping and Subsidy Offset Act of 2000.CommentsClose CommentsPermalink

Subtitle J--OtherI--Trade Adjustment Assistance

PART V--General Provisions

Sec. 1901. Application of certain labor standards to projects financed with certain tax-favored bonds891. Effective date.CommentsClose CommentsPermalink





Sec. 1902. Increase in public debt limit892. Extension of trade adjustment assistance programs.CommentsClose CommentsPermalink





Sec. 1893. Termination; related provisions.CommentsClose CommentsPermalink





Sec. 1894. Government Accountability Office report.CommentsClose CommentsPermalink





Sec. 1895. Emergency designation.CommentsClose CommentsPermalink

Sec. 1899. Short title.CommentsClose CommentsPermalink





Sec. 1903. Election to accelerate the low-income housing tax credi899A. Improvement of the affordability of the credit.CommentsClose CommentsPermalink





Sec. 1899B. Payment for monthly premiums paid prior to commencement of advance payments of credit.CommentsClose CommentsPermalink





Sec. 1899C. TAA recipients not enrolled in training programs eligible for credit.CommentsClose CommentsPermalink





Sec. 1899D. TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable coverage.CommentsClose CommentsPermalink





Sec. 1899E. Continued qualification of family members after certain events.CommentsClose CommentsPermalink





Sec. 1899F. Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients.CommentsClose CommentsPermalink





Sec. 1899G. Addition of coverage through voluntary employees’ beneficiary associations.CommentsClose CommentsPermalink





Sec. 1899H. Notice requirements.CommentsClose CommentsPermalink





Sec. 1899I. Survey and report on enhanced health coverage tax credit program.CommentsClose CommentsPermalink





Sec. 1899J. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 1899K. Extension of national emergency grants.CommentsClose CommentsPermalink





Sec. 1899L. GAO study and report.CommentsClose CommentsPermalink

Subtitle A--Tax Relief for Individuals and FamiliesCommentsClose CommentsPermalink

PART I--GENERAL TAX RELIEF

SEC. 1001. MAKING WORK PAY CREDIT.

(a) In General- Subpart C of part IV of subchapter A of chapter 1 is amended by inserting after section 36 the following new section:CommentsClose CommentsPermalink

‘SEC. 36A. MAKING WORK PAY CREDIT.

‘(a) Allowance of Credit- In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of--CommentsClose CommentsPermalink





‘(1) 6.2 percent of earned income of the taxpayer, orCommentsClose CommentsPermalink





‘(2) $500 ($1,0400 ($800 in the case of a joint return).CommentsClose CommentsPermalink





‘(b) Limitation Based on Modified Adjusted Gross Income-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and subsection (c)) for the taxable year shall be reduced (but not below zero) by 42 percent of so much of the taxpayer’s modified adjusted gross income as exceeds $70,000 ($145,000 ($150,000 in the case of a joint return).CommentsClose CommentsPermalink





‘(2) MODIFIED ADJUSTED GROSS INCOME- For purposes of subparagraph (A), the term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.CommentsClose CommentsPermalink





‘(c) Reduction for Certain Other Payments- The credit allowed under subsection (a) for any taxable year shall be reduced by the amount of any payments received by the taxpayer during such taxable year under section 16012201, and any credit allowed to the taxpayer under section 2202, of the American Recovery and Reinvestment Tax Act of 2009.CommentsClose CommentsPermalink





‘(d) Definitions- For purposes of this section--‘(1) ELIGIBLE INDIVIDUAL- The term and Special Rules- For purposes of this section--CommentsClose CommentsPermalink





‘(1) ELIGIBLE INDIVIDUAL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘eligible individual’ means any individual other than--CommentsClose CommentsPermalink





‘(Ai) any nonresident alien individual,CommentsClose CommentsPermalink





‘(Bii) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, andCommentsClose CommentsPermalink





‘(Ciii) an estate or trust.CommentsClose CommentsPermalink





Such term shall not include any individual unless the requirements of section 32(c)(1)(E) are met with respect to such individual ‘(B) IDENTIFICATION NUMBER REQUIREMENT- Such term shall not include any individual who does not include on the return of tax for the taxable year-- CommentsClose CommentsPermalink





‘(i) such individual’s social security account number, andCommentsClose CommentsPermalink





‘(ii) in the case of a joint return, the social security account number of one of the taxpayers on such return.CommentsClose CommentsPermalink





For purposes of the preceding sentence, the social security account number shall not include a TIN issued by the Internal Revenue Service.CommentsClose CommentsPermalink





‘(2) EARNED INCOME- The term ‘earned income’ has the meaning given such term by section 32(c)(2), except that such term shall not include net earnings from self-employment which are not taken into account in computing taxable income. For purposes of the preceding sentence, any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year.CommentsClose CommentsPermalink





‘(e) Termination- This section shall not apply to taxable years beginning after December 31, 2010.’.CommentsClose CommentsPermalink





(b) Treatment of Possessions-CommentsClose CommentsPermalink





(1) PAYMENTS TO POSSESSIONS-CommentsClose CommentsPermalink





(A) MIRROR CODE POSSESSION- The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this section with respect to taxable years beginning in 2009 and 2010. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.CommentsClose CommentsPermalink





(B) OTHER POSSESSIONS- The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the amendments made by this section for taxable years beginning in 2009 and 2010 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession.CommentsClose CommentsPermalink





(2) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES- No credit shall be allowed against United States income taxes for any taxable year under section 36A of the Internal Revenue Code of 1986 (as added by this section) to any person--CommentsClose CommentsPermalink





(A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section for such taxable year, orCommentsClose CommentsPermalink





(B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year.CommentsClose CommentsPermalink





(3) DEFINITIONS AND SPECIAL RULES-CommentsClose CommentsPermalink





(A) POSSESSION OF THE UNITED STATES- For purposes of this subsection, the term ‘possession of the United States’ includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink





(B) MIRROR CODE TAX SYSTEM- For purposes of this subsection, the term ‘mirror code tax system’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.CommentsClose CommentsPermalink





(C) TREATMENT OF PAYMENTS- For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 36A of the Internal Revenue Code of 1986 (as added by this section).CommentsClose CommentsPermalink





(c) Refunds Disregarded in the Administration of Federal Programs and Federally Assisted Programs- Any credit or refund allowed or made to any individual by reason of section 36A of the Internal Revenue Code of 1986 (as added by this section) or by reason of subsection (b) of this section shall not be taken into account as income and shall not be taken into account as resources for the month of receipt and the following 2 months, for purposes of determining the eligibility of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.CommentsClose CommentsPermalink





(d) Authority Relating to Clerical Errors- Section 6213(g)(2) is amended by striking ‘and’ at the end of subparagraph (L)(ii), by striking the period at the end of subparagraph (M) and inserting ‘, and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(N) an omission of the reduction required under section 36A(c) with respect to the credit allowed under section 36A or an omission of the correct TIN required under section 36A(d)(1social security account number required under section 36A(d)(1)(B).’.CommentsClose CommentsPermalink





(e) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 6211(b)(4)(A) is amended by inserting ‘36A,’ after ‘36,’.CommentsClose CommentsPermalink





(2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ‘36A,’ after ‘36,’.CommentsClose CommentsPermalink





(3) The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 36 the following new item:CommentsClose CommentsPermalink





‘Sec. 36A. Making work pay credit.’.CommentsClose CommentsPermalink





(f) Effective Date- This section, and the amendments made by this section, shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1002. TEMPORARY INCREASE IN EARNED INCOME TAX CREDIT.

(a) In General- Subsection (b) of section 32 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) SPECIAL RULES FOR 2009 AND 2010- In the case of any taxable year beginning in 2009 or 2010--CommentsClose CommentsPermalink





‘(A) INCREASED CREDIT PERCENTAGE FOR 3 OR MORE QUALIFYING CHILDREN- In the case of a taxpayer with 3 or more qualifying children, the credit percentage is 45 percent.CommentsClose CommentsPermalink





‘(B) REDUCTION OF MARRIAGE PENALTY-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The dollar amount in effect under paragraph (2)(B) shall be $5,000.CommentsClose CommentsPermalink





‘(ii) INFLATION ADJUSTMENT- In the case of any taxable year beginning in 2010, the $5,000 amount in clause (i) shall be increased by an amount equal to--CommentsClose CommentsPermalink





‘(I) such dollar amount, multiplied byCommentsClose CommentsPermalink





‘(II) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting ‘calendar year 2008’ for ‘calendar year 1992’ in subparagraph (B) thereof.CommentsClose CommentsPermalink





‘(iii) ROUNDING- Subparagraph (A) of subsection (j)(2) shall apply after taking into account any increase under clause (ii).’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1003. TEMPORARY INCREASE OF REFUNDABLE PORTION OF CHILD CREDIT.

(a) In General- Paragraph (4) of section 24(d) is amended to read as follows:CommentsClose CommentsPermalink





‘(4) SPECIAL RULE FOR 2009 AND 2010- Notwithstanding paragraph (3), in the case of any taxable year beginning in 2009 or 2010, the dollar amount in effect for such taxable year under paragraph (1)(B)(i) shall be $8,13,000.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1004. AMERICAN OPPORTUNITY TAX CREDIT.

(a) In General- Section 25A (relating to Hope scholarship credit) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection:CommentsClose CommentsPermalink





‘(i) American Opportunity Tax Credit- In the case of any taxable year beginning in 2009 or 2010--CommentsClose CommentsPermalink





‘(1) INCREASE IN CREDIT- The Hope Scholarship Credit shall be an amount equal to the sum of--CommentsClose CommentsPermalink





‘(A) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plusCommentsClose CommentsPermalink





‘(B) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $4,000.CommentsClose CommentsPermalink





‘(2) CREDIT ALLOWED FOR FIRST 4 YEARS OF POST-SECONDARY EDUCATION- Subparagraphs (A) and (C) of subsection (b)(2) shall be applied by substituting ‘4’ for ‘2’.CommentsClose CommentsPermalink





‘(3) QUALIFIED TUITION AND RELATED EXPENSES TO INCLUDE REQUIRED COURSE MATERIALS- Subsection (f)(1)(A) shall be applied by substituting ‘tuition, fees, and course materials’ for ‘tuition and fees’.CommentsClose CommentsPermalink





‘(4) INCREASE IN AGI LIMITS FOR HOPE SCHOLARSHIP CREDIT- In lieu of applying subsection (d) with respect to the Hope Scholarship Credit, such credit (determined without regard to this paragraph) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as--CommentsClose CommentsPermalink





‘(A) the excess of--CommentsClose CommentsPermalink





‘(i) the taxpayer’s modified adjusted gross income (as defined in subsection (d)(3)) for such taxable year, overCommentsClose CommentsPermalink





‘(ii) $80,000 ($160,000 in the case of a joint return), bears toCommentsClose CommentsPermalink





‘(B) $10,000 ($20,000 in the case of a joint return).CommentsClose CommentsPermalink





‘(5) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX- In the case of a taxable year to which section 26(a)(2) does not apply, so much of the credit allowed under subsection (a) as is attributable to the Hope Scholarship Credit shall not exceed the excess of--CommentsClose CommentsPermalink





‘(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink





‘(B) the sum of the credits allowable under this subpart (other than this subsection and sections 23, 25D, and 30D) and section 27 for the taxable year.CommentsClose CommentsPermalink





Any reference in this section or section 24, 25, 26, 25B, 904, or 1400C to a credit allowable under this subsection shall be treated as a reference to so much of the credit allowable under subsection (a) as is attributable to the Hope Scholarship Credit.CommentsClose CommentsPermalink





‘(6) PORTION OF CREDIT MADE REFUNDABLE- 340 percent of so much of the credit allowed under subsection (a) as is attributable to the Hope Scholarship Credit (determined after application of paragraph (4) and without regard to this paragraph and section 26(a)(2) or paragraph (5), as the case may be) shall be treated as a credit allowable under subpart C (and not allowed under subsection (a)). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year.CommentsClose CommentsPermalink





‘(7) COORDINATION WITH MIDWESTERN DISASTER AREA BENEFITS- In the case of a taxpayer with respect to whom section 702(a)(1)(B) of the Heartland Disaster Tax Relief Act of 2008 applies for any taxable year, such taxpayer may elect to waive the application of this subsection to such taxpayer for such taxable year.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 24(b)(3)(B) is amended by inserting ‘25A(i),’ after ‘23,’.CommentsClose CommentsPermalink





(2) Section 25(e)(1)(C)(ii) is amended by inserting ‘25A(i),’ after ‘24,’.CommentsClose CommentsPermalink





(3) Section 26(a)(1) is amended by inserting ‘25A(i),’ after ‘24,’.CommentsClose CommentsPermalink





(4) Section 25B(g)(2) is amended by inserting ‘25A(i),’ after ‘23,’.CommentsClose CommentsPermalink





(5) Section 904(i) is amended by inserting ‘25A(i),’ after ‘24,’.CommentsClose CommentsPermalink





(6) Section 1400C(d)(2) is amended by inserting ‘25A(i),’ after ‘24,’.CommentsClose CommentsPermalink





(7) Section 6211(b)(4)(A) is amended by inserting ‘25A by reason of subsection (i)(6) thereof,’ after ‘24(d),’.CommentsClose CommentsPermalink





(8) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ‘25A,’ before ‘35’.CommentsClose CommentsPermalink





(c) Treatment of Possessions-CommentsClose CommentsPermalink





(1) PAYMENTS TO POSSESSIONS-CommentsClose CommentsPermalink





(A) MIRROR CODE POSSESSION- The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of section 25A(i)(6) of the Internal Revenue Code of 1986 (as added by this section) with respect to taxable years beginning in 2009 and 2010. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.CommentsClose CommentsPermalink





(B) OTHER POSSESSIONS- The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of section 25A(i)(6) of such Code (as so added) for taxable years beginning in 2009 and 2010 if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession.CommentsClose CommentsPermalink





(2) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES- Section 25A(i)(6) of such Code (as added by this section) shall not apply to a bona fide resident of any possession of the United States.CommentsClose CommentsPermalink





(3) DEFINITIONS AND SPECIAL RULES-CommentsClose CommentsPermalink





(A) POSSESSION OF THE UNITED STATES- For purposes of this subsection, the term ‘possession of the United States’ includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink





(B) MIRROR CODE TAX SYSTEM- For purposes of this subsection, the term ‘mirror code tax system’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.CommentsClose CommentsPermalink





(C) TREATMENT OF PAYMENTS- For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 25A of the Internal Revenue Code of 1986 by reason of subsection (i)(6) of such section (as added by this section).CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink





(de) Application of EGTRRA Sunset- The amendment made by subsection (b)(1) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.CommentsClose CommentsPermalink





(ef) Treasury Studies Regarding Education Incentives-CommentsClose CommentsPermalink





(1) STUDY REGARDING COORDINATION WITH NON-TAX EDUCATIONAL INCENTIVES- The Secretary of the Treasury, or the Secretary’s delegate, shallSTUDENT FINANCIAL ASSISTANCE- The Secretary of the Treasury and the Secretary of Education, or their delegates, shall--CommentsClose CommentsPermalink





(A) study how to coordinate the credit allowed under section 25A of the Internal Revenue Code of 1986 with the Federal Pell Grant program under section 401 of the Higher Education Act of 1965.(2) to maximize their effectiveness at promoting college affordability, andCommentsClose CommentsPermalink





(B) examine ways to expedite the delivery of the tax credit.CommentsClose CommentsPermalink





(2) STUDY REGARDING IMPOSITNCLUSION OF COMMUNITY SERVICE REQUIREMENTS- The Secretary of the Treasury, or the Secretary’s delegate, shall study the and the Secretary of Education, or their delegates, shall study the feasibility of requiring students to performincluding community service as a condition of taking their tuition and related expenses into account under section 25A of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(3) REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary’s delegate, shall report to Congress on the results of the studies conducted under this paragraph.CommentsClose CommentsPermalink

SEC. 1005. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS IN 2009 AND 2010.

(a) In General- Section 529(e)(3)(A) is amended by striking ‘and’ at the end of clause (i), by striking the period at the end of clause (ii), and by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) expenses paid or incurred in 2009 or 2010 for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used by the beneficiary and the beneficiary’s family during any of the years the beneficiary is enrolled at an eligible educational institution.CommentsClose CommentsPermalink





Clause (iii) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to expenses paid or incurred after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1006. CREDIT FOR CERTAIN HOME PURCHASES.

(a) Allowance of Credit- Subpart A of part IV of subchapter A of chapter 1 is amended by inserting after section 25D the following new section:

‘SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.

‘(a) Allowance of Credit-

‘(1) IN GENERAL- In the case of an individual who is a purchaser of a principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of the residence.

‘(2) DOLLAR LIMITATION- The amount of the credit allowed under paragraph (1) shall not exceed $15,000.

‘(3) ALLOCATION OF CREDIT AMOUNT- At the election of the taxpayer, the amount of the credit allowed under paragraph (1) (after application of paragraph (2)) may be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the principal residence is made.

‘(b) Limitations-

‘(1) DATE OF PURCHASE- The credit allowed under subsection (a) shall be allowed only with respect to purchases made--

‘(A) after the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009, and

‘(B) on or before the date that is 1 year after such date of enactment.

‘(2) LIMITATION BASED ON AMOUNT OF TAX- In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of--

‘(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over

‘(B) the sum of the credits allowable under this subpart (other than this section) for the taxable year.

‘(3) ONEEXTENSION OF AND INCREASE IN FIRST-TIME ONLY-

‘(A) IN GENERAL- If a credit is allowed under this section in the case of any individual (and such individual’s spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual.

‘(B) JOINT PURCHASE- In the case of a purchase of a principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence.

‘(c) Principal Residence- For purposes of this section, the term ‘principal residence’ has the same meaning as when used in section 121.

‘(d) Denial of Double Benefit- No credit shall be allowed under this section for any purchase for which a credit is allowed under section 36 or section 1400C.

‘(e) Special Rules-

‘(1) JOINT PURCHASE-

‘(A) MARRIED INDIVIDUALS FILING SEPARATELY- In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting ‘$7,500’ for ‘$15,000’ in subsection (a)(1).

‘(B) UNMARRIED INDIVIDUALS- If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $15,000.

‘(2) PURCHASE- In defining the purchase of a principal residence, rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply.

‘(3) REPORTING REQUIREMENT- Rules similar to the rulesHOMEBUYER CREDIT; WAIVER OF REQUIREMENT TO REPAY.

(a) Extension-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 36(h) is amended by striking ‘July 1, 2009’ and inserting ‘December 1, 2009’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 36(g) is amended by striking ‘July 1, 2009’ and inserting ‘December 1, 2009’.CommentsClose CommentsPermalink





(b) Increase-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 36(b) is amended by striking ‘$7,500’ each place it appears and inserting ‘$8,000’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 36(b)(1)(B) is amended by striking ‘$3,750’ and inserting ‘$4,000’.CommentsClose CommentsPermalink





(c) Waiver of Recapture-CommentsClose CommentsPermalink





(1) IN GENERAL- Paragraph (4) of section 1400C(f) (as so in effect) shall apply.

‘(f) Recapture of Credit in the Case of Certain Dispositions-

‘(1) IN GENERAL- In the event that a taxpayer--

‘(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or

‘(B) fails to occupy such residence as the taxpayer’s principal residence,

at any time within 24 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit.

‘(2) EXCEPTIONS-

‘(A) DEATH OF TAXPAYER- Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer’s death.

‘(B) INVOLUNTARY CONVERSION- Paragraph (1) shall not apply in the c36(f) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink




‘(D) WAIVER OF RECAPTURE FOR PURCHASES IN 2009- In the case of any credit allowed with respect to the purchase of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 24-month period described in such paragraph as if such new principal residence were the converted residence.‘(C) TRANSFERS BETWEEN SPOUSES OR INCIDENT TO DIVORCE- In the case of a transfer of a residence to which section 1041(a) appliesafter December 31, 2008, and before December 1, 2009--CommentsClose CommentsPermalink





‘(i) paragraph (1) shall not apply to such transfer, and

‘(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor).

‘(D) RELOCATION OF MEMBERS OF THE ARMED FORCES- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.

‘(3) JOINT RETURNS- In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection.

‘(4) RETURN REQUIREMENT- If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.

‘(g) Basis Adjustment- For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed.

‘(h) Election to Treat Purchase in Prior Year- In the case of a purchase of a principal residence during the period described in subsection (b)(1), a taxpayer may elect to treat such purchase as made on December 31, 2008, for purposes of this section, andCommentsClose CommentsPermalink




‘(ii) paragraph (2) shall apply only if the disposition or cessation described in paragraph (2) with respect to such residence occurs during the 36-month period beginning on the date of the purchase of such residence by the taxpayer.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25D the following new item:

‘Sec. 25E. Credit for certain home purchases.’.

(c) Sunset of Current First-Time Homebuyer Credit-

(1) IN GENERAL- Subsection (h) of section 36 is amended by striking ‘July 1, 2009’ and inserting ‘the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009’.

(2) ELECTION TO TREAT PURCHASE IN PRIOR YEAR2) CONFORMING AMENDMENT- Subsection (g) of section 36 is amended by striking ‘July 1, 2009’ and inserting ‘the date of the enactment of the American Recoverysubsection (c)’ and inserting ‘subsections (c) and Reinvestment Tax Act of 2009’.(d(f)(4)(D)’.CommentsClose CommentsPermalink




(d) Coordination With First-Time Homebuyer Credit for District of Columbia-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (e) of section 1400C is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) COORDINATION WITH NATIONAL FIRST-TIME HOMEBUYERS CREDIT- No credit shall be allowed under this section to any taxpayer with respect to the purchase of a residence after December 31, 2008, and before December 1, 2009, if a credit under section 36 is allowable to such taxpayer (or the taxpayer’s spouse) with respect to such purchase.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 36(d) is amended by striking paragraph (1).CommentsClose CommentsPermalink





(e) Removal of Prohibition on Financing by Mortgage Revenue Bonds- Section 36(d), as amended by subsection (c)(2), is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.CommentsClose CommentsPermalink





(f) Effective Date- The amendments made by this section shall apply to purchases after the date of the enactment of this Actresidences purchased after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1007. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT COMPENSATION.

(a) In General- Section 85 of the Internal Revenue Code of 1986 (relating to unemployment compensation) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Special Rule for 2009- In the case of any taxable year beginning in 2009, gross income shall not include so much of the unemployment compensation received by an individual as does not exceed $2,400.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to taxable years beginning after December 31, 2008.SEC. 1008. ABOVE-THE-LINE DEDUCTION FOR INTEREST ON INDEBTEDNESS WITH RESPECT TO THE PURCHASE OF CERTAIN MOTOR VEHICLES.

(a) In General- Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 is amended--

(1) by striking ‘and’ at the end of subparagraph (E),

(2) by striking the period at the end of subparagraph (F) and inserting ‘, and’, and

(3) by adding at the end the following new subparagraph:

‘(G) any qualified motor vehicle interest (within the meaning of paragraph (5)).’.

(b) Qualified Motor Vehicle Interest- Section 163(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

‘(5) QUALIFIED MOTOR VEHICLE INTEREST- For purposes of this subsection--

‘(A) IN GENERAL- The term ‘qualified motor vehicle interest’ means any interest which is paid or accrued during the taxable year on any indebtedness which--

‘(i) is incurred after November 12, 2008, and before January 1, 2010, in acquiring any qualified motor vehicle of the taxpayer, and

‘(ii) is secured by such qualified motor vehicle.

Such term also includes any indebtedness secured by such qualified motor vehicle resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence); but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness.

‘(B) DOLLAR LIMITATION- The aggregate amount of indebtedness treated as described in subparagraph (A) for any period shall not exceed $49,500 ($24,750 in the case of a separate return by a married individual).

‘(C) INCOME LIMITATION- The amount otherwise treated as interest under subparagraph (A) for any taxable year (after the application of subparagraph (B)) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so treated as--

‘(i) the excess (if any) of--

‘(I) the taxpayer’s modified adjusted gross income for such taxable year, over

‘(II) $125,000 ($250,000 in the case of a joint return), bears to

‘(ii) $10,000.

For purposes of the preceding sentence, the term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.

‘(D) QUALIFIED MOTOR VEHICLE- The term ‘qualified motor vehicle’ means a passenger automobile (within the meaning of section 30B(h)(3)) or a light truck (within the meaning of such section)--

‘(i) which is acquired for use by the taxpayer and not for resale after November 12, 2008, and before January 1, 2010,

‘(ii) the original use of which commences with the taxpayer, and

‘(iii) which has a gross vehicle weight rating of not more than 8,500 pounds.’.

(c) Deduction Allowed Above-the-Line- Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph:

‘(22) QUALIFIED MOTOR VEHICLE INTEREST- The deduction allowed under section 163 by reason of subsection (h)(2)(G) thereof.’.

(d) Reporting of Qualified Motor Vehicle Interest-

(1) IN GENERAL- Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

‘SEC. 6050X. RETURNS RELATING TO QUALIFIED MOTOR VEHICLE INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS.

‘(a) Qualified Motor Vehicle Interest- Any person--

‘(1) who is engaged in a trade or business, and

‘(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any indebtedness secured by a qualified motor vehicle (as defined in section 163(h)(5)(D)),

shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe.

‘(b) Form and Manner of Returns- A return is described in this subsection if such return--

‘(1) is in such form as the Secretary may prescribe,

‘(2) contains--

‘(A) the name and address of the individual from whom the interest described in subsection (a)(2) was received,

‘(B) the amount of such interest received for the calendar year, and

‘(C) such other information as the Secretary may prescribe.

‘(c) Application to Governmental Units- For purposes of subsection (a)--

‘(1) TREATED AS PERSONS- The term ‘person’ includes any governmental unit (and any agency or instrumentality thereof).

‘(2) SPECIAL RULES- In the case of a governmental unit or any agency or instrumentality thereof--

‘(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and

‘(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return.

‘(d) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required- Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing--

‘(1) the name, address, and phone number of the information contact of the person required to make such return, and

‘(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished.

The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.

‘(e) Returns Which Would Be Required To Be Made by 2 or More Persons- Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).’.

(2) AMENDMENTS RELATING TO PENALTIES-

(A) Section 6721(e)(2)(A) of such Code is amended by striking ‘or 6050L’ and inserting ‘6050L, or 6050X’.

(B) Section 6722(c)(1)(A) of such Code is amended by striking ‘or 6050L(c)’ and inserting ‘6050L(c), or 6050X(d)’.

(C) Subparagraph (B) of section 6724(d)(1) of such Code is amended by redesignating clauses (xvi) through (xxii) as clauses (xvii) through (xxiii), respectively, and by inserting after clause (xii) the following new clause:

‘(xvi) section 6050X (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals),’.

(D) Paragraph (2) of section 6724(d) of such Code is amended by striking the period at the end of subparagraph (DD) and inserting ‘, or’ and by inserting after subparagraph (DD) the following new subparagraph:

‘(EE) section 6050X(d) (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals).’.

(3) CLERICAL AMENDMENT- The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050W the following new item:

‘Sec. 6050X. Returns relating to qualified motor vehicle interest received in trade or business from individuals.’.

(e) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1009. ABOVE-THE-LINE8. ADDITIONAL DEDUCTION FOR STATE SALES TAX AND EXCISE TAX ON THE PURCHASE OF CERTAIN MOTOR VEHICLES.

(a) In General- Subsection (a) of section 164 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink





‘(6) Qualified motor vehicle taxes.’.CommentsClose CommentsPermalink





(b) Qualified Motor Vehicle Taxes- Subsection (b) of section 164 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) QUALIFIED MOTOR VEHICLE TAXES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of this section, the term ‘qualified motor vehicle taxes’ means any State or local sales or excise tax imposed on the purchase of a qualified motor vehicle (as defined in section 163(h)(5)(D)).‘(B) DOLLAR LIMITATION- The amount taken into account under subparagraph (A) for any taxable year shall not exceed $49,500 ($24,750 in the case of a separate return by a married individual).CommentsClose CommentsPermalink





‘(B) LIMITATION BASED ON VEHICLE PRICE- The amount of any State or local sales or excise tax imposed on the purchase of a qualified motor vehicle taken into account under subparagraph (A) shall not exceed the portion of such tax attributable to so much of the purchase price as does not exceed $49,500.CommentsClose CommentsPermalink





‘(C) INCOME LIMITATION- The amount otherwise taken into account under subparagraph (A) (after the application of subparagraph (B)) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so treated as--CommentsClose CommentsPermalink





‘(i) the excess (if any) of--CommentsClose CommentsPermalink





‘(I) the taxpayer’s modified adjusted gross income for such taxable year, overCommentsClose CommentsPermalink





‘(II) $125,000 ($250,000 in the case of a joint return), bears toCommentsClose CommentsPermalink





‘(ii) $10,000.CommentsClose CommentsPermalink





For purposes of the preceding sentence, the term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section(determined without regard to sections 911, 931, or 933and 933).CommentsClose CommentsPermalink





‘(D) QUALIFIED MOTOR VEHICLE- For purposes of this paragraph--CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term ‘qualified motor vehicle’ means--CommentsClose CommentsPermalink





‘(I) a passenger automobile or light truck which is treated as a motor vehicle for purposes of title II of the Clean Air Act, the gross vehicle weight rating of which is not more than 8,500 pounds, and the original use of which commences with the taxpayer,CommentsClose CommentsPermalink





‘(II) a motorcycle the gross vehicle weight rating of which is not more than 8,500 pounds and the original use of which commences with the taxpayer, andCommentsClose CommentsPermalink





‘(III) a motor home the original use of which commences with the taxpayer.CommentsClose CommentsPermalink





‘(ii) OTHER TERMS- The terms ‘motorcycle’ and ‘motor home’ have the meanings given such terms under section 571.3 of title 49, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph).CommentsClose CommentsPermalink





‘(E) QUALIFIED MOTOR VEHICLE TAXES NOT INCLUDED IN COST OF ACQUIRED PROPERTY- The last sentence of subsection (a) shall not apply to any qualified motor vehicle taxes.CommentsClose CommentsPermalink





‘(E) COORDINATION WITH GENERAL F) COORDINATION WITH GENERAL SALES TAX- This paragraph shall not apply in the case of a taxpayer who makes an election under paragraph (5) for the taxable year.CommentsClose CommentsPermalink





‘(G) TERMINATION- This paragraph shall not apply to purchases after December 31, 2009.’.CommentsClose CommentsPermalink





(c) Conforming Amendments- Paragraph (5) of section 163(h) of the Internal Revenue Code of 1986, as added by section 1, is amended--

(1) by adding at the end the following new subparagraph:

‘(E) EXCLUSION- If the indebtedness described in subparagraph (A) includes the amounts of any State or local sales or excise taxes paid or accrued by the taxpayer in connection with the acquisition of a qualified motor vehicle, the aggregate amount of such indebtedness taken into account under such subparagraph shall be reduced, but not below zero, by the amount of any such taxes for which a deduction is allowed under section 164(a) by reason of paragraph (6) thereof.’, and

(2) by inserting ‘, after the application of subparagraph (E),’ after ‘for any period’ in subparagraph (B).

(d)Deduction Allowed Above-the-Line- Section 62(a) of the Internal Revenue Code of 1986, as amended by section 1, is amended by inserting after paragraph (22) the following new paragraph:‘(23) QUALIFIEDto Nonitemizers-CommentsClose CommentsPermalink




(1) IN GENERAL- Paragraph (1) of section 63(c) is amended by striking ‘and’ at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ‘, and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(E) the motor vehicle sales tax deduction.’.CommentsClose CommentsPermalink





(2) DEFINITION- Section 63(c) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(9) MOTOR VEHICLE TAXES- The deduction allowed under section 164 by reason of subsection (a)(6) thereof.SALES TAX DEDUCTION- For purposes of paragraph (1), the term ‘motor vehicle sales tax deduction’ means the amount allowable as a deduction under section 164(a)(6). Such term shall not include any amount taken into account under section 62(a).’.CommentsClose CommentsPermalink





(d) Treatment of Deduction Under Alternative Minimum Tax- The last sentence of section 56(b)(1)(E) is amended by striking ‘section 63(c)(1)(D)’ and inserting ‘subparagraphs (D) and (E) of section 63(c)(1)’.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008purchases on or after the date of the enactment of this Act in taxable years ending after such date.CommentsClose CommentsPermalink

PART II--ALTERNATIVE MINIMUM TAX RELIEF

SEC. 1011. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.

(a) In General- Paragraph (2) of section 26(a) (relating to special rule for taxable years 2000 through 2008) is amended--CommentsClose CommentsPermalink





(1) by striking ‘or 2008’ and inserting ‘2008, or 2009’, andCommentsClose CommentsPermalink





(2) by striking ‘2008’ in the heading thereof and inserting ‘2009’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1012. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT.

(a) In General- Paragraph (1) of section 55(d) (relating to exemption amount) is amended--CommentsClose CommentsPermalink





(1) by striking ‘($69,950 in the case of taxable years beginning in 2008)’ in subparagraph (A) and inserting ‘($70,950 in the case of taxable years beginning in 2009)’, andCommentsClose CommentsPermalink





(2) by striking ‘($46,200 in the case of taxable years beginning in 2008)’ in subparagraph (B) and inserting ‘($46,700 in the case of taxable years beginning in 2009)’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

Subtitle B--Energy IncentivesCommentsClose CommentsPermalink

PART I--RENEWABLE ENERGY INCENTIVES

SEC. 1101. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES.

(a) In General- Subsection (d) of section 45 is amended--CommentsClose CommentsPermalink





(1) by striking ‘2010’ in paragraph (1) and inserting ‘2013’,CommentsClose CommentsPermalink





(2) by striking ‘2011’ each place it appears in paragraphs (2), (3), (4), (6), (7) and (9) and inserting ‘2014’, andCommentsClose CommentsPermalink





(3) by striking ‘2012’ in paragraph (11)(B) and inserting ‘2014’.CommentsClose CommentsPermalink





(b) Technical Amendment- Paragraph (5) of section 45(d) is amended by striking ‘and before’ and all that follows and inserting ‘ and before October 3, 2008.’.CommentsClose CommentsPermalink





(c) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) TECHNICAL AMENDMENT- The amendment made by subsection (b) shall take effect as if included in section 102 of the Energy Improvement and Extension Act of 2008.CommentsClose CommentsPermalink

SEC. 1102. ELECTION OF INVESTMENT CREDIT IN LIEU OF PRODUCTION CREDIT.

(a) In General- Subsection (a) of section 48 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) ELECTION TO TREAT QUALIFIED FACILITIES AS ENERGY PROPERTY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of any qualified property which is part of a qualified investment credit facility--CommentsClose CommentsPermalink





‘(i) such faciliproperty shall be treated as energy property for purposes of this section, andCommentsClose CommentsPermalink





‘(ii) the energy percentage with respect to such property shall be 30 percent.CommentsClose CommentsPermalink





‘(B) DENIAL OF PRODUCTION CREDIT- No credit shall be allowed under section 45 for any taxable year with respect to any qualified investment credit facility.CommentsClose CommentsPermalink





‘(C) QUALIFIED INVESTMENT CREDIT FACILITY- For purposes of this paragraph, the term ‘qualified investment credit facility’ means any of the following facilities if no credit has been allowed under section 45 with respect to such facility and the taxpayer makes an irrevocable election to have this paragraph apply to such facility:CommentsClose CommentsPermalink





‘(i) WIND FACILITIES- Any facility qualified facility (within the meaning of section 45) described in paragraph (1) of section 45(d) if such facility is placed in service in 2009, 2010, 2011, or 2012.CommentsClose CommentsPermalink





‘(ii) OTHER FACILITIES- Any facility described in paragraph (2), qualified facility (within the meaning of section 45) described in paragraph (2), (3), (4), (6), (7), (9), or (11) of section 45(d) if such facility is placed in service in 2009, 2010, 2011, 2012, or 2013.CommentsClose CommentsPermalink





‘(D) QUALIFIED PROPERTY- For purposes of this paragraph, the term ‘qualified property’ means property--CommentsClose CommentsPermalink





‘(i) which is--CommentsClose CommentsPermalink





‘(I) tangible personal property, orCommentsClose CommentsPermalink





‘(II) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified investment credit facility, andCommentsClose CommentsPermalink





‘(ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to facilities placed in service after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1103. REPEAL OF CERTAIN LIMITATIONS ON CREDIT FOR RENEWABLE ENERGY PROPERTY.

(a) Repeal of Limitation on Credit for Qualified Small Wind Energy Property- Paragraph (4) of section 48(c) is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C).CommentsClose CommentsPermalink





(b) Repeal of Limitation on Property Financed by Subsidized Energy Financing-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 48(a)(4) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(D) TERMINATION- This paragraph shall not apply to periods after December 31, 2008, under rules similar to the rules of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 25C(e)(1) is amended by striking ‘(8), and (9)’ and inserting ‘and (8)’.CommentsClose CommentsPermalink





(B) Section 25D(e) is amended by striking paragraph (9).CommentsClose CommentsPermalink





(C) Section 48A(b)(2) is amended by inserting ‘(without regard to subparagraph (D) thereof)’ after ‘section 48(a)(4)’.CommentsClose CommentsPermalink





(D) Section 48B(b)(2) is amended by inserting ‘(without regard to subparagraph (D) thereof)’ after ‘section 48(a)(4)’.CommentsClose CommentsPermalink





(c) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendment made by this section shall apply to periods after December 31, 2008, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- The amendments made by subparagraphs (A) and (B) of subsection (b)(2) shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

PART II--INCREASED ALLOCATIONS OF NEW CLEAN RENEWABLE ENERGY BONDS AND QUALIFIED ENERGY CONSERVATION BONDS

SEC. 1111. INCREASED LIMITATION ON ISSUANCE OF NEW CLEAN RENEWABLE ENERGY BONDS.

Subsection (c) of section 54C is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) ADDITIONAL LIMITATION- The national new clean renewable energy bond limitation shall be increased by $1,600,000,000. Such increase shall be allocated by the Secretary consistent with the rules of paragraphs (2) and (3).’.CommentsClose CommentsPermalink

SEC. 1112. INCREASED LIMITATION ON ISSUANCE OF QUALIFIED ENERGY CONSERVATION BONDS.

(a) In General- Section 54D(d) is amended by striking ‘$800,000,000’ and inserting ‘$3,200,000,000’.CommentsClose CommentsPermalink





(b) Clarification With Respect to Green Community Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- Clause (ii) of section 54D(f)(1)(A) is amended by inserting ‘(including the use of loans, grants, or other repayment mechanisms to implement such programs)’ after ‘green community programs’.CommentsClose CommentsPermalink





(2) SPECIAL RULES FOR BONDS FOR IMPLEMENTING GREEN COMMUNITY PROGRAMS- Subsection (e) of section 54D is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) SPECIAL RULES FOR BONDS TO IMPLEMENT GREEN COMMUNITY PROGRAMS- In the case of any bond issued for the purpose of providing loans, grants, or other repayment mechanisms for capital expenditures to implement green community programs, such bond shall not be treated as a private activity bond for purposes of paragraph (3).’.CommentsClose CommentsPermalink

PART III--ENERGY CONSERVATION INCENTIVES

SEC. 1121. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.

(a) In General- Section 25C is amended by striking subsections (a) and (b) and inserting the following new subsections:CommentsClose CommentsPermalink





‘(a) Allowance of Credit- In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the sum of--CommentsClose CommentsPermalink





‘(1) the amount paid or incurred by the taxpayer during such taxable year for qualified energy efficiency improvements, andCommentsClose CommentsPermalink





‘(2) the amount of the residential energy property expenditures paid or incurred by the taxpayer during such taxable year.CommentsClose CommentsPermalink





‘(b) Limitation- The aggregate amount of the credits allowed under this section for taxable years beginning in 2009 and 2010 with respect to any taxpayer shall not exceed $1,500.’.CommentsClose CommentsPermalink





(b) Modifications of Standards for Energy-Efficient Building Property-CommentsClose CommentsPermalink





(1) ELECTRIC HEAT PUMPS- Subparagraph (B) of section 25C(d)(3) is amended to read as follows:CommentsClose CommentsPermalink





‘(B) an electric heat pump which achieves the highest efficiency tier established by the Consortium for Energy Efficiency, as in effect on January 1, 2009.’.CommentsClose CommentsPermalink





(2) CENTRAL AIR CONDITIONERS- Subparagraph (C) of section 25C(d)(3) is amended by striking ‘2006’ and inserting ‘2009’.CommentsClose CommentsPermalink





(3) WATER HEATERS- Subparagraph (D) of section 25C(d)(3) is amended to read as follows:CommentsClose CommentsPermalink





‘(ED) a natural gas, propane, or oil water heater which has either an energy factor of at least 0.82 or a thermal efficiency of at least 90 percent.’.CommentsClose CommentsPermalink





(4) WOOD STOVES- Subparagraph (E) of section 25C(d)(3) is amended by inserting ‘, as measured using a lower heating value’ after ‘75 percent’.CommentsClose CommentsPermalink





(c) Modifications of Standards for Oil Furnaces and Hot Water Boilers-CommentsClose CommentsPermalink





(1) IN GENERAL- Paragraph (4) of section 25C(d) is amended to read as follows:CommentsClose CommentsPermalink





‘(4) QUALIFIED NATURAL GAS, PROPANE, AND OIL FURNACES AND HOT WATER BOILERS-CommentsClose CommentsPermalink





‘(A) QUALIFIED NATURAL GAS FURNACE- The term ‘qualified natural gas furnace’ means any natural gas furnace which achieves an annual fuel utilization efficiency rate of not less than 95.CommentsClose CommentsPermalink





‘(B) QUALIFIED NATURAL GAS HOT WATER BOILER- The term ‘qualified natural gas hot water boiler’ means any natural gas hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90.CommentsClose CommentsPermalink





‘(C) QUALIFIED PROPANE FURNACE- The term ‘qualified propane furnace’ means any propane furnace which achieves an annual fuel utilization efficiency rate of not less than 95.CommentsClose CommentsPermalink





‘(D) QUALIFIED PROPANE HOT WATER BOILER- The term ‘qualified propane hot water boiler’ means any propane hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90.CommentsClose CommentsPermalink





‘(E) QUALIFIED OIL FURNACES- The term ‘qualified oil furnace’ means any oil furnace which achieves an annual fuel utilization efficiency rate of not less than 90.CommentsClose CommentsPermalink





‘(F) QUALIFIED OIL HOT WATER BOILER- The term ‘qualified oil hot water boiler’ means any oil hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Clause (ii) of section 25C(d)(2)(A) is amended to read as follows:CommentsClose CommentsPermalink





‘(ii) any qualified natural gas furnace, qualified propane furnace, qualified oil furnace, qualified natural gas hot water boiler, qualified propane hot water boiler, or qualified oil hot water boiler, or’.CommentsClose CommentsPermalink





(d) Modifications of Standards for Qualified Energy Efficiency Improvements-CommentsClose CommentsPermalink





(1) QUALIFICATIONS FOR EXTERIOR WINDOWS, DOORS, AND SKYLIGHTS- Subsection (c) of section 25C is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) QUALIFICATIONS FOR EXTERIOR WINDOWS, DOORS, AND SKYLIGHTS- Such term shall not include any component described in subparagraph (B) or (C) of paragraph (2) unless such component is equal to or below a U factor of 0.30 and SHGC of 0.30.’.CommentsClose CommentsPermalink





(2) ADDITIONAL QUALIFICATION FOR INSULATION- Subparagraph (A) of section 25C(c)(2) is amended by inserting ‘and meets the prescriptive criteria for such material or system established by the 2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009’ after ‘such dwelling unit’.CommentsClose CommentsPermalink





(e) Extension- Section 25C(g)(2) is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’.CommentsClose CommentsPermalink





(f) Effective Dates-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink





(2) EFFICIENCY STANDARDS- The amendments made by paragraphs (1), (2), and (3) of subsection (b) and subsections (c) and (d) shall apply to property placed in service after December 31, 2009the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1122. MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

(a) Removal of Credit Limitation for Property Placed in Service-CommentsClose CommentsPermalink





(1) IN GENERAL- Paragraph (1) of section 25D(b) is amended to read as follows:CommentsClose CommentsPermalink





‘(1) MAXIMUM CREDIT FOR FUEL CELLS- In the case of any qualified fuel cell property expenditure, the credit allowed under subsection (a) (determined without regard to subsection (c)) for any taxable year shall not exceed $500 with respect to each half kilowatt of capacity of the qualified fuel cell property (as defined in section 48(c)(1)) to which such expenditure relates.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Paragraph (4) of section 25D(e) is amended--CommentsClose CommentsPermalink





(A) by striking all that precedes subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(4) FUEL CELL EXPENDITURE LIMITATIONS IN CASE OF JOINT OCCUPANCY- In the case of any dwelling unit with respect to which qualified fuel cell property expenditures are made and which is jointly occupied and used during any calendar year as a residence by two or more individuals, the following rules shall apply:CommentsClose CommentsPermalink





‘(A) MAXIMUM EXPENDITURES FOR FUEL CELLS- The maximum amount of such expenditures which may be taken into account under subsection (a) by all such individuals with respect to such dwelling unit during such calendar year shall be $1,667 in the case of each half kilowatt of capacity of qualified fuel cell property (as defined in section 48(c)(1)) with respect to which such expenditures relate.’, andCommentsClose CommentsPermalink





(B) by striking subparagraph (C).CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1123. TEMPORARY INCREASE IN CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.

(a) In General- Section 30C(e) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) SPECIAL RULE FOR PROPERTY PLACED IN SERVICE DURING 2009 AND 2010- In the case of property placed in service in taxable years beginning after December 31, 2008, and before January 1, 2011--CommentsClose CommentsPermalink





‘(A) in the case of any such property which does not relate to hydrogen--CommentsClose CommentsPermalink





‘(i) subsection (a) shall be applied by substituting ‘50 percent’ for ‘30 percent’,CommentsClose CommentsPermalink





‘(ii) subsection (b)(1) shall be applied by substituting ‘$50,000’ for ‘$30,000’, andCommentsClose CommentsPermalink





‘(iii) subsection (b)(2) shall be applied by substituting ‘$2,000’ for ‘$1,000’, andCommentsClose CommentsPermalink





‘(B) in the case of any such property which relates to hydrogen, subsection (b)(1) shall be applied by substituting ‘$200,000’ for ‘$30,000’.’.CommentsClose CommentsPermalink





(b) Ensuring Consumer Accessibility to Alternative Fuel Vehicle Refueling Property in the Case of Electricity- Section 179(d)(3) is amended by striking subparagraph (B) and inserting the following:

‘(B) for the recharging of motor vehicles propelled by electricity, but only if--

‘(i) the property complies with the Society of Automotive Engineers’ connection standards,

‘(ii) the property provides for non-restrictive access for charging and for payment interoperability with other systems, and

‘(iii) the property--

‘(I) is located on property owned by the taxpayer, or

‘(II) is located on property owned by another person, is placed in service with the permission of such other person, and is fully maintained by the taxpayer.’.

(c) Effective Date- The amendmentsffective Date- The amendment made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

PART IV--ENERGY RESEARCH INCENTIVESSEC. 1131. INCREASED RESEARCH CREDIT FOR ENERGY RESEARCH.

(a) In General- Section 41 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection:

‘(h) Energy Research Credit- In the case of any taxable year beginning in 2009 or 2010--

‘(1) IN GENERAL- The credit determined under subsection (a)(1) shall be increased by 20 percent of the qualified energy research expenses for the taxable year.

‘(2) QUALIFIED ENERGY RESEARCH EXPENSES- For purposes of this subsection--

‘(A) IN GENERAL- The term ‘qualified energy research expenses’ means so much of the taxpayer’s qualified research expenses as are related to the fields of fuel cells and battery technology, renewable energy and renewable fuels, energy conservation technology, efficient transmission and distribution of electricity, and carbon capture and sequestration.

‘(B) COORDINATION WITH QUALIFYING ADVANCED ENERGY PROJECT CREDIT- Such term shall not include expenditures taken into account in determining the amount of the credit under section 48 or 48C.

‘(3) COORDINATION WITH OTHER RESEARCH CREDITS-

‘(A) IN GENERAL- The amount of qualified energy research expenses taken into account under subsection (a)(1)(A) shall not exceed the base amount.

‘(B) ALTERNATIVE SIMPLIFIED CREDIT- For purposes of subsection (c)(5), the amount of qualified energy research expenses taken into account for the taxable year for which the credit is being determined shall not exceed--

‘(i) in the case of subsection (c)(5)(A), 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined, and

‘(ii) in the case of subsection (c)(5)(B)(ii), zero.

‘(C) BASIC RESEARCH AND ENERGY RESEARCH CONSORTIUM PAYMENTS- Any amount taken into account under paragraph (1) shall not be taken into account under paragraph (2) or (3) of subsection (a).’.

(b) Conforming Amendment- Subparagraph (B) of section 41(i)(1)(B), as redesignated by subsection (a), is amended by inserting ‘(in the case of the increase in the credit determined under subsection (h), December 31, 2010)’ after ‘December 31, 2009’.

(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

PART V--MODIFICATION OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION

SEC. 11431. APPLICATION OF MONITORING REQUIREMENTS TO CARBON DIOXIDE USED AS A TERTIARY INJECTANT.

(a) In General- Section 45Q(a)(2) is amended by striking ‘and’ at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ‘, and’, and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) disposed of by the taxpayer in secure geological storage.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 45Q(d)(2) is amended--CommentsClose CommentsPermalink





(A) by striking ‘subsection (a)(1)(B)’ and inserting ‘paragraph (1)(B) or (2)(C) of subsection (a)’,CommentsClose CommentsPermalink





(B) by striking ‘and unminable coal seems’ and inserting ‘, oil and gas reservoirs, and unminable coal seams’, andCommentsClose CommentsPermalink





(C) by inserting ‘the Secretary of Energy, and the Secretary of the Interior,’ after ‘Environmental Protection Agency’.CommentsClose CommentsPermalink





(2) Section 45Q(a)(1)(B) is amended by inserting ‘and not used by the taxpayer as described in paragraph (2)(B)’ after ‘storage’.CommentsClose CommentsPermalink





(3) Section 45Q(e) is amended by striking ‘captured and disposed of or used as a tertiary injectant’ and inserting ‘taken into account in accordance with subsection (a)’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to carbon dioxide captured after the date of the enactment of this Act.CommentsClose CommentsPermalink

PART VI--PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES

SEC. 1151. MODIFICATION OF CREDIT FOR41. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

(a) Increase in Vehicles Eligible for Credit- Section 30D(b)(2)(B) is amended by striking ‘250,000’ and inserting ‘500,000’. General- Section 30D is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 30D. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

‘(a) Allowance of Credit- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credit amounts determined under subsection (b)Exclusion of Neighborhood with respect to each new qualified plug-in electric drive motor vehicle placed in service by the taxpayer during the taxable year.CommentsClose CommentsPermalink





‘(b) Per Vehicle Dollar Limitation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The amount determined under this subsection with respect to any new qualified plug-in electric drive motor vehicle is the sum of the amounts determined under paragraphs (2) and (3) with respect to such vehicle.CommentsClose CommentsPermalink





‘(2) BASE AMOUNT- The amount determined under this paragraph is $2,500.CommentsClose CommentsPermalink





‘(3) BATTERY CAPACITY- In the case of a vehicle which draws propulsion energy from a battery with not less than 5 kilowatt hours of capacity, the amount determined under this paragraph is $417, plus $417 for each kilowatt hour of capacity in excess of 5 kilowatt hours. The amount determined under this paragraph shall not exceed $5,000.CommentsClose CommentsPermalink





‘(c) Application With Other Credits-CommentsClose CommentsPermalink





‘(1) BUSINESS CREDIT TREATED AS PART OF GENERAL BUSINESS CREDIT- So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).CommentsClose CommentsPermalink





‘(2) PERSONAL CREDIT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.CommentsClose CommentsPermalink





‘(B) LIMITATION BASED ON AMOUNT OF TAX- In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of--CommentsClose CommentsPermalink





‘(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink





‘(ii) the sum of the credits allowable under subpart A (other than this section and sections 23 and 25D) and section 27 for the taxable year.CommentsClose CommentsPermalink





‘(d) New Qualified Plug-in Electric Vehicles From Existing Credit- Section 30D(e)(1) is amended to read as follows:‘(1Drive Motor Vehicle- For purposes of this section--CommentsClose CommentsPermalink





‘(1) IN GENERAL- The term ‘new qualified plug-in electric drive motor vehicle’ means a motor vehicle--CommentsClose CommentsPermalink





‘(A) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink





‘(B) which is acquired for use or lease by the taxpayer and not for resale,CommentsClose CommentsPermalink





‘(C) which is made by a manufacturer,CommentsClose CommentsPermalink





‘(D) which is treated as a motor vehicle for purposes of title II of the Clean Air Act,CommentsClose CommentsPermalink





‘(E) which has a gross vehicle weight rating of less than 14,000 pounds, andCommentsClose CommentsPermalink





‘(F) which is propelled to a significant extent by an electric motor which draws electricity from a battery which--CommentsClose CommentsPermalink





‘(i) has a capacity of not less than 4 kilowatt hours, andCommentsClose CommentsPermalink





‘(ii) is capable of being recharged from an external source of electricity.CommentsClose CommentsPermalink





‘(2) MOTOR VEHICLE- The term ‘motor vehicle’ means a motor vehicle (as defined in section 30(c)(2)), which is treated as a motor vehicle for purposesny vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels.CommentsClose CommentsPermalink





‘(3) MANUFACTURER- The term ‘manufacturer’ has the meaning given such term in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.).CommentsClose CommentsPermalink





‘(4) BATTERY CAPACITY- The term ‘capacity’ means, with respect to any battery, the quantity of electricity which the battery is capable of storing, expressed in kilowatt hours, as measured from a 100 percent state of charge to a 0 percent state of charge.CommentsClose CommentsPermalink





‘(e) Limitation on Number of New Qualified Plug-in Electric Drive Motor Vehicles Eligible for Credit-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of a new qualified plug-in electric drive motor vehicle sold during the phaseout period, only the applicable percentage of the credit otherwise allowable under subsection (a) shall be allowed.CommentsClose CommentsPermalink





‘(2) PHASEOUT PERIOD- For purposes of this subsection, the phaseout period is the period beginning with the second calendar quarter following the calendar quarter which includes the first date on which the number of new qualified plug-in electric drive motor vehicles manufactured by the manufacturer of the vehicle referred to in paragraph (1) sold for use in the United States after December 31, 2009, is at least 200,000.CommentsClose CommentsPermalink





‘(3) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the applicable percentage is--CommentsClose CommentsPermalink





‘(A) 50 percent for the first 2 calendar quarters of the phaseout period,CommentsClose CommentsPermalink





‘(B) 25 percent for the 3d and 4th calendar quarters of the phaseout period, andCommentsClose CommentsPermalink





‘(C) 0 percent for each calendar quarter thereafter.CommentsClose CommentsPermalink





‘(4) CONTROLLED GROUPS- Rules similar to the rules of section 30B(f)(4) shall apply for purposes of this subsection.CommentsClose CommentsPermalink





‘(f) Special Rules-CommentsClose CommentsPermalink





‘(1) BASIS REDUCTION- For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed.CommentsClose CommentsPermalink





‘(2) NO DOUBLE BENEFIT- The amount of any deduction or other credit allowable under this chapter for a new qualified plug-in electric drive motor vehicle shall be reduced by the amount of credit allowed under subsection (a) for such vehicle.CommentsClose CommentsPermalink





‘(3) PROPERTY USED BY TAX-EXEMPT ENTITY- In the case of a vehicle the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle (determined without regard to subsection (c)).CommentsClose CommentsPermalink





‘(4) PROPERTY USED OUTSIDE UNITED STATES NOT QUALIFIED- No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1).CommentsClose CommentsPermalink





‘(5) RECAPTURE- The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.CommentsClose CommentsPermalink





‘(6) ELECTION NOT TO TAKE CREDIT- No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.CommentsClose CommentsPermalink





‘(7) INTERACTION WITH AIR QUALITY AND MOTOR VEHICLE SAFETY STANDARDS- A motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with--CommentsClose CommentsPermalink





‘(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), andCommentsClose CommentsPermalink





‘(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code.’.CommentsClose CommentsPermalink





(c) Credit for Certain Other Vehicles- Section 30D is amended--

(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and

(2) by inserting after subsection (e) the following new subsection:

‘(f) Credit for Certainb) Conforming Amendments-CommentsClose CommentsPermalink




(1) Section 30B(d)(3)(D) is amended by striking ‘subsection (d) thereof’ and inserting ‘subsection (c) thereof’.CommentsClose CommentsPermalink





(2) Section 38(b)(35) is amended by striking ‘30D(d)(1)’ and inserting ‘30D(c)(1)’.CommentsClose CommentsPermalink





(3) Section 1016(a)(25) is amended by striking ‘section 30D(e)(4)’ and inserting ‘section 30D(f)(1)’.CommentsClose CommentsPermalink





(4) Section 6501(m) is amended by striking ‘section 30D(e)(9)’ and inserting ‘section 30D(e)(4)’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to vehicles acquired after December 31, 2009.CommentsClose CommentsPermalink

‘SEC. 30. CERTAIN PLUG-IN ELECTRIC VEHICLES.

‘(a) Allowance of Credit- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the cost of any qualified plug-in electric vehicle placed in service by the taxpayer during the taxable year.CommentsClose CommentsPermalink





‘(b) Per Vehicle Dollar Limitation- The amount of the credit allowed under subsection (a) with respect to any vehicle shall not exceed $2,500.CommentsClose CommentsPermalink





‘(c) Application With Other Vehicles- For purposes ofCredits-CommentsClose CommentsPermalink





‘(1) BUSINESS CREDIT TREATED AS PART OF GENERAL BUSINESS CREDIT- So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).CommentsClose CommentsPermalink





‘(2) PERSONAL CREDIT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.CommentsClose CommentsPermalink





‘(B) LIMITATION BASED ON AMOUNT OF TAX- In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of--CommentsClose CommentsPermalink





‘(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink





‘(ii) the sum of the credits allowable under subpart A (other than this section and sections 23, 25D, and 30D) and section 27 for the taxable year.CommentsClose CommentsPermalink





‘(d) Qualified Plug-in Electric Vehicle- For purposes of this section--CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of a specified vehicle, this section shall be applied with the following modifications:

‘(A) For purposes of subsection (a)(1), in lieu of the applicable amount determined under subsection (a)(2), the applicable amount shall be 10 percent of so much of the cost of the specified vehicle as does not exceed $40,000.

‘(B) Subsection (b) shall not apply and no specified vehicle shall be taken into account under subsection (b)(2).

‘(C) In the case of a specified vehicle which is a 2-or 3-wheeled motor vehicle, subsection (c)(1) shall be applied by substituting ‘2.5The term ‘qualified plug-in electric vehicle’ means a specified vehicle--CommentsClose CommentsPermalink




‘(A) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink





‘(B) which is acquired for use or lease by the taxpayer and not for resale,CommentsClose CommentsPermalink





‘(C) which is made by a manufacturer,CommentsClose CommentsPermalink





‘(D) which is manufactured primarily for use on public streets, roads, and highways,CommentsClose CommentsPermalink





‘(E) which has a gross vehicle weight rating of less than 14,000 pounds, andCommentsClose CommentsPermalink





‘(F) which is propelled to a significant extent by an electric motor which draws electricity from a battery which--CommentsClose CommentsPermalink





‘(i) has a capacity of not less than 4 kilowatt hours’ for ‘4 (2.5 kilowatt hours’.‘(D) In the case of a specified vehicle which is a low-speed motor vehicle, subsection (c)(3) shall not appl in the case of a vehicle with 2 or 3 wheels), andCommentsClose CommentsPermalink





‘(ii) is capable of being recharged from an external source of electricity.CommentsClose CommentsPermalink





‘(2) SPECIFIED VEHICLE- For purposes of this subsection--

‘(A) IN GENERAL- The term ‘specified vehicle’ means--

‘(i) any 2- or 3- wheeled motor vehicle, or

‘(ii) any low-speed motor vehicle,

which is placed in service after December 31, 2009, and before January 1, 2012.

‘(B) 2- OR 3-WHEELED MOTOR VEHICLE- The term ‘2- or 3-wheeled motorspecified vehicle’ means any vehicle--

‘(i) which would be described in section 30(c)(2) except that it has 2 or 3 wheels,

‘(ii) with motive power having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground,

‘(iii) which has an electric motor that produces in excess of 5-brake horsepower,

‘(iv) which draws propulsion from 1 or more traction batteries, and

‘(v) which has been certified to the Department of Transportation pursuant to section 567 of title 49, Code of Federal Regulations, as conforming to all applicable Federal motor vehicle safety standards in effect on the date of the manufacture of the vehicle.

‘(C) LOW-SPEED MOTOR VEHICLE- The term ‘low-speed motor vehicle’ means a motor vehicle (as defined in section 30(c)(2)) which--

‘(i) is placed in service after December 31, 2009, and

‘(ii) meets the requirements which--CommentsClose CommentsPermalink




‘(A) is a low speed vehicle within the meaning of section 571.500 of title 49, Code of Federal Regulations.’.

(d) Effective Dates-

(1) IN GENERAL- The amendment made by subsections3 of title 49, Code of Federal Regulations (as in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009), orCommentsClose CommentsPermalink




‘(B) has 2 or 3 wheels.CommentsClose CommentsPermalink





‘(3) MANUFACTURER- The term ‘manufacturer’ has the meaning given such term in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.).CommentsClose CommentsPermalink





‘(4) BATTERY CAPACITY- The term ‘capacity’ means, with respect to any battery, the quantity of electricity which the battery is capable of storing, expressed in kilowatt hours, as measured from a 100 percent state of charge to a 0 percent state of charge.CommentsClose CommentsPermalink





‘(e) Special Rules-CommentsClose CommentsPermalink





‘(1) BASIS REDUCTION- For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) and (c) shall take effect on the date of the enactment of this Actshall be reduced by the amount of such credit so allowed.CommentsClose CommentsPermalink





‘(2) NO DOUBLE BENEFIT- The amount of any deduction or other credit allowable under this chapter for a new qualified plug-in electric drive motor vehicle shall be reduced by the amount of credit allowable under subsection (a) for such vehicle.CommentsClose CommentsPermalink





‘(3) PROPERTY USED BY TAX-EXEMPT ENTITY- In the case of a vehicle the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle (determined without regard to subsection (c)).CommentsClose CommentsPermalink





‘(4) PROPERTY USED OUTSIDE UNITED STATES NOT QUALIFIED- No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1).CommentsClose CommentsPermalink





‘(5) RECAPTURE- The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.CommentsClose CommentsPermalink





‘(6) ELECTION NOT TO TAKE CREDIT- No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.CommentsClose CommentsPermalink





‘(f) Termination- This section shall not apply to any vehicle acquired after December 31, 2011.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1)(A) Section 24(b)(3)(B) is amended by inserting ‘30,’ after ‘25D,’.CommentsClose CommentsPermalink





(B) Section 25(e)(1)(C)(ii) is amended by inserting ‘30,’ after ‘25D,’.CommentsClose CommentsPermalink





(C) Section 25B(g)(2) is amended by inserting ‘30,’ after ‘25D,’.CommentsClose CommentsPermalink





(D) Section 26(a)(1) is amended by inserting ‘30,’ after ‘25D,’.CommentsClose CommentsPermalink





(E) Section 904(i) is amended by striking ‘and 25B’ and inserting ‘25B, 30, and 30D’.CommentsClose CommentsPermalink





(F) Section 1400C(d)(2) is amended by striking ‘and 25D’ and inserting ‘25D, and 30’.CommentsClose CommentsPermalink





(2) OTHER MODIFICATIONS- The amendments made by subsection (b) shall apply to property placed in service after December 31, 2009, in taxable years beginning after such date.SEC. 1152Paragraph (1) of section 30B(h) is amended to read as follows:CommentsClose CommentsPermalink





‘(1) MOTOR VEHICLE- The term ‘motor vehicle’ means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels.’.CommentsClose CommentsPermalink





(3) Section 30C(d)(2)(A) is amended by striking ‘, 30,’.CommentsClose CommentsPermalink





(4)(A) Section 53(d)(1)(B) is amended by striking clause (iii) and redesignating clause (iv) as clause (iii).CommentsClose CommentsPermalink





(B) Subclause (II) of section 53(d)(1)(B)(iii), as so redesignated, is amended by striking ‘increased in the manner provided in clause (iii)’.CommentsClose CommentsPermalink





(5) Section 55(c)(3) is amended by striking ‘30(b)(3),’.CommentsClose CommentsPermalink





(6) Section 1016(a)(25) is amended by striking ‘section 30(d)(1)’ and inserting ‘section 30(e)(1)’.CommentsClose CommentsPermalink





(7) Section 6501(m) is amended by striking ‘section 30(d)(4)’ and inserting ‘section 30(e)(6)’.CommentsClose CommentsPermalink





(8) The item in the table of sections for subpart B of part IV of subchapter A of chapter 1 is amended to read as follows:CommentsClose CommentsPermalink





‘Sec. 30. Certain plug-in electric vehicles.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to vehicles acquired after the date of the enactment of this Act.CommentsClose CommentsPermalink





(d) Transitional Rule- In the case of a vehicle acquired after the date of the enactment of this Act and before January 1, 2010, no credit shall be allowed under section 30 of the Internal Revenue Code of 1986, as added by this section, if credit is allowable under section 30D of such Code with respect to such vehicle.CommentsClose CommentsPermalink





(e) Application of EGTRRA Sunset- The amendment made by subsection (b)(1)(A) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.CommentsClose CommentsPermalink

SEC. 1143. CONVERSION KITS.

(a) In General- Section 30B (relating to alternative motor vehicle credit) is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and by inserting after subsection (h) the following new subsection:CommentsClose CommentsPermalink





‘(i) Plug-Iin Conversion Credit-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of subsection (a), the plug-in conversion credit determined under this subsection with respect to any motor vehicle which is converted to a qualified plug-in electric drive motor vehicle is 10 percent of so much of the cost of the converting such vehicle as does not exceed $40,000.CommentsClose CommentsPermalink





‘(2) DEFINITIONS AND SPECIAL RULES- For purposes of this subsection--‘(A) QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLE- The term ‘qualifiedFor purposes of this subsection, the term ‘qualified plug-in electric drive motor vehicle’ means any new qualified plug-in electric drive motor vehicle (as defined in section 30D(c), determined without regard to paragraphs (4) and (6) thereof).

‘(B) PLUG-IN TRACTION BATTERY MODULE- The term ‘plug-in traction battery module’ means an electro-chemical energy storage device which--

‘(i) which has a traction battery capacity of not less than 2.5 kilowatt hours,

‘(ii) which is equipped with an electrical plug by means of which it can be energized and recharged when plugged into an external source of electric power,

‘(iii) which consists of a standardized configuration and is mass produced,

‘(iv) which has been tested and approved by the National Highway Transportation Safety Administration as compliant with applicable motor vehicle and motor vehicle equipment safety standards when installed by a mechanic with standardized training in protocols established by the battery manufacturer as part of a nationwide distribution program,

‘(v) which complies with the requirements ofsection 32918 of title 49, United States Code, and

‘(vi) which is certified by a battery manufacturer as meeting the requirements of clauses (i) through (v).

‘(C) CREDIT ALLOWED TO LESSOR OF BATTERY MODULE- In the case of a plug-in traction battery module which is leased to the taxpayer, the credit allowed under this subsection shall be allowed to the lessor of the plug-in traction battery module.

‘(D, determined without regard to whether such vehicle is made by a manufacturer or whether the original use of such vehicle commences with the taxpayer).CommentsClose CommentsPermalink




‘(3) CREDIT ALLOWED IN ADDITION TO OTHER CREDITS- The credit allowed under this subsection shall be allowed with respect to a motor vehicle notwithstanding whether a credit has been allowed with respect to such motor vehicle under this section (other than this subsection) in any preceding taxable year.CommentsClose CommentsPermalink





‘(34) TERMINATION- This subsection shall not apply to conversions made after December 31, 20121.’.CommentsClose CommentsPermalink





(b) Credit Treated as Part of Alternative Motor Vehicle Credit- Section 30B(a) is amended by striking ‘and’ at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ‘, and’, and by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) the plug-in conversion credit determined under subsection (i).’.CommentsClose CommentsPermalink





(c) No Recapture for Vehicles Converted to Qualified Plug-in Electric Drive Motor Vehicles- Paragraph (8) of section 30B(h) is amended by adding at the end the following: ‘, except that no benefit shall be recaptured if such property ceases to be eligible for such credit by reason of conversion to a qualified plug-in electric drive motor vehicle.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to property placed in service after December 31, 2008, in taxable years beginning after such datethe date of the enactment of this Act.CommentsClose CommentsPermalink

(a) In General- Paragraph (2) of section 132(f) is amended by adding at the end the following flush sentence:CommentsClose CommentsPermalink





‘In the case of any month beginning on or after the date of the enactment of this sentence and before January 1, 2011, subparagraph (A) shall be applied as if the dollar amount therein were the same as the dollar amount in effect for such month under subparagraph (B).’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to months beginning on or after the date of the enactment of this section.CommentsClose CommentsPermalink

Subtitle C--Tax Incentives for BusinessCommentsClose CommentsPermalink

PART I--TEMPORARY INVESTMENT INCENTIVES

SEC. 1201. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2009.

(a) Extension of Special Allowance-CommentsClose CommentsPermalink





(1) IN GENERAL- Paragraph (2) of section 168(k) is amended--CommentsClose CommentsPermalink





(A) by striking ‘January 1, 2010’ and inserting ‘January 1, 2011’, andCommentsClose CommentsPermalink





(B) by striking ‘January 1, 2009’ each place it appears and inserting ‘January 1, 2010’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) The heading for subsection (k) of section 168 is amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2010’.CommentsClose CommentsPermalink





(B) The heading for clause (ii) of section 168(k)(2)(B) is amended by striking ‘PRE-JANUARY 1, 2009’ and inserting ‘PRE-JANUARY 1, 2010’.CommentsClose CommentsPermalink





(C) Subparagraph (B) of section 168(l)(5) is amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2010’.CommentsClose CommentsPermalink





(D) Subparagraph (C) of section 168(n)(2) is amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2010’.CommentsClose CommentsPermalink





(E) Subparagraph (B) of section 1400N(d)(3) is amended by striking ‘January 1, 2009’ and inserting ‘January 1, 2010’.CommentsClose CommentsPermalink





(3) TECHNICAL AMENDMENT-S-CommentsClose CommentsPermalink





(A) Subparagraph (D) of section 168(k)(4) is amended--CommentsClose CommentsPermalink





(Ai) by striking ‘and’ at the end of clause (i),CommentsClose CommentsPermalink





(Bii) by redesignating clause (ii) as clause (iii), andCommentsClose CommentsPermalink





(Ciii) by inserting after clause (i) the following new clause:CommentsClose CommentsPermalink





‘(ii) ‘April 1, 2008’ shall be substituted for ‘January 1, 2008’ in subparagraph (A)(iii)(I) thereof, and’.CommentsClose CommentsPermalink





(b) Extension of Election TB) Subparagraph (A) of section 6211(b)(4) is amended by inserting ‘168(k)(4),’ after ‘53(e),’.CommentsClose CommentsPermalink





(b) Extension of Election to Accelerate the AMTmt and Research Credits in Lieu of Bonus Depreciation-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 168(k)(4) (relating to election to accelerate the AMT and research credits in lieu of bonus depreciation) is amended--CommentsClose CommentsPermalink





(1A) by striking ‘2009’ and inserting ‘2010’in subparagraph (D)(iii) (as redesignated by subsection (a)(3)), andCommentsClose CommentsPermalink





(2B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(H) SPECIAL RULES FOR EXTENSION PROPERTY-CommentsClose CommentsPermalink





‘(i) TAXPAYERS PREVIOUSLY ELECTING ACCELERATION- In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008--CommentsClose CommentsPermalink





‘(I) the taxpayer may elect not to have this paragraph apply to extension property, butCommentsClose CommentsPermalink





‘(II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer a separate bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is extension property and to eligible qualified property which is not extension property.CommentsClose CommentsPermalink





‘(ii) TAXPAYERS NOT PREVIOUSLY ELECTING ACCELERATION- In the case of a taxpayer who did not make the election under subparagraph (A) for its first taxable year ending after March 31, 2008--CommentsClose CommentsPermalink





‘(I) the taxpayer may elect to have this paragraph apply to its first taxable year ending after December 31, 2008, and each subsequent taxable year, andCommentsClose CommentsPermalink





‘(II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is extension property.CommentsClose CommentsPermalink





‘(iii) EXTENSION PROPERTY- For purposes of this subparagraph, the term ‘extension property’ means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 1201(a) of the American Recovery and Reinvestment Tax Act of 2009 (and the application of such extension to this paragraph pursuant to the amendment made by section 1201(b)(1) of such Act).’.CommentsClose CommentsPermalink





(2) TECHNICAL AMENDMENT- Section 6211(b)(4)(A) is amended by inserting ‘168(k)(4),’ after ‘53(e),’.CommentsClose CommentsPermalink





(c) Effective Dates-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2008, in taxable years ending after such date.CommentsClose CommentsPermalink





(2) TECHNICAL AMENDMENT- The amendments made by subsection (a)(3S- The amendments made by subsections (a)(3) and (b)(2) shall apply to taxable years ending after March 31, 2008.CommentsClose CommentsPermalink

SEC. 1202. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS.

(a) In General- Paragraph (7) of section 179(b) is amended--CommentsClose CommentsPermalink





(1) by striking ‘2008’ and inserting ‘2008, or 2009’, andCommentsClose CommentsPermalink





(2) by striking ‘2008’ in the heading thereof and inserting ‘2008, AND 2009’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

PART II--5-YEAR CARRYBACK OF OPERATING LOSSESMALL BUSINESS PROVISIONS

SEC. 1211. 5-YEAR CARRYBACK OF OPERATING LOSSES OF SMALL BUSINESSES.

(a) In General- Subparagraph (H) of section 172(b)(1) is amended to read as follows:CommentsClose CommentsPermalink





‘(H) CARRYBACK FOR 2008 AND 2009NET OPERATING LOSSES-‘(i) IN GENERAL- In the case of an applicable 2008 or 2009 net operating loss with respect to which the taxpayer has elected the application of this subparagraph OF SMALL BUSINESSES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- If an eligible small business elects the application of this subparagraph with respect to an applicable 2008 net operating loss--CommentsClose CommentsPermalink





‘(I) subparagraph (A)(i) shall be applied by substituting any whole number elected by the taxpayer which is more than 2 and less than 6 for ‘2’,CommentsClose CommentsPermalink





‘(II) subparagraph (E)(ii) shall be applied by substituting the whole number which is one less than the whole number substituted under subclause (II) for ‘2’, andCommentsClose CommentsPermalink





‘(III) subparagraph (F) shall not apply.CommentsClose CommentsPermalink





‘(ii) APPLICABLE 2008 OR 2009 NET OPERATING LOSS- For purposes of this subparagraph, the term ‘applicable 2008 or 2009 net operating loss’ means--CommentsClose CommentsPermalink





‘(I) the taxpayer’s net operating loss for any taxable year ending in 2008 or 2009, orCommentsClose CommentsPermalink





‘(II) if the taxpayer elects to have this subclause apply in lieu of subclause (I), the taxpayer’s net operating loss for any taxable year beginning in 2008 or 2009.CommentsClose CommentsPermalink





‘(iii) ELECTION- Any election under this subparagraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer’s return for the taxable year of the net operating loss. Any such election, once made, shall be irrevocable.

‘(iv) COORDINATION WITH ALTERNATIVE TAX NET OPERATING LOSS DEDUCTION- In the case of a taxpayer who elects to have clause (ii)(II) apply, section 56(d)(1)(A)(ii) shall be applied by substituting ‘ending during 2001 or 2002 or beginning during 2008 or 2009’ for ‘ending during 2001, 2002, 2008, or 2009’.’.

(b) Alternative Tax Net Operating Loss Deduction- Subclause (I) of section 56(d)(1)(A)(ii) is amended to read as follows:

‘(I) the amount of such deduction attributable to the sum of carrybacks of net operating losses from taxable years ending during 2001, 2002, 2008, or 2009 and carryovers of net operating losses to such taxable years, or’.

(c) Loss From Operations of Life Insurance Companies- Subsection (b) of section 810 is amended by adding at the end the following new paragraph:

‘(4) CARRYBACK FOR 2008 AND 2009 LOSSES-

‘(A) IN GENERAL- In the case of an applicable 2008 or 2009 loss from operations with respect to which the taxpayer has elected the application of this paragraph, paragraph (1)(A) shall be applied, at the election of the taxpayer, by substituting ‘5’ or ‘4’ for ‘3’.

‘(B) APPLICABLE 2008 OR 2009 LOSS FROM OPERATIONS- For purposes of this paragraph, the term ‘applicable 2008 or 2009 loss from operations’ means--

‘(i) the taxpayer’s loss from operations for any taxable year ending in 2008 or 2009, or

‘(ii) if the taxpayer elects to have this clause apply in lieu of clause (i), the taxpayer’s loss from operations for any taxable year beginning in 2008 or 2009.

‘(C) ELECTION- Any election under this paragraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer’s return for the taxable year of the loss from operations. Any such election, once made, shall be irrevocable.‘(D) COORDINATION WITH ALTERNATIVE TAX NET OPERATING LOSS DEDUCTION- In the case of a taxpayer who elects to have subparagraph (B)(ii) apply, section 56(d)(1)(A)(ii) shall be applied by Any election under this subparagraph may be made only with respect to 1 taxable year.CommentsClose CommentsPermalink




‘(iv) ELIGIBLE SMALL BUSINESS- For purposes of this subparagraph, the term ‘eligible small business’ has the meaning given such term by subparagraph (F)(iii), except that in applying such subparagraph, section 448(c) shall be applied by substituting ‘ending during 2001 or 2002 or beginning during 2008 or 2009’ for ‘ending during 2001, 2002, 2008, or 2009’$15,000,000’ for ‘$5,000,000’ each place it appears.’.CommentsClose CommentsPermalink





(db) Conforming Amendment- Section 172 is amended by striking subsection (k) and by redesignating subsection (l) as subsection (k).CommentsClose CommentsPermalink





(ec) Anti-Abuse Rules- The Secretary of Treasury or the Secretary’s designee shall prescribe such rules as are necessary to prevent the abuse of the purposes of the amendments made by this section, including anti-stuffing rules, anti-churning rules (including rules relating to sale-leasebacks), and rules similar to the rules under section 1091 of the Internal Revenue Code of 1986 relating to losses from wash sales.CommentsClose CommentsPermalink





(d) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2007.CommentsClose CommentsPermalink





(2) ALTERNATIVE TAX NET OPERATING LOSS DEDUCTION- The amendment made by subsection (b) shall apply to taxable years ending after 1997.

(3) LOSS FROM OPERATIONS OF LIFE INSURANCE COMPANIES- The amendment made by subsection (d) shall apply to losses from operations arising in taxable years ending after December 31, 2007.

(4) TRANSITIONAL RULE- In the case of a net operating loss (or, in the case of a life insurance company, a loss from operations)TRANSITIONAL RULE- In the case of a net operating loss for a taxable year ending before the date of the enactment of this Act--CommentsClose CommentsPermalink




(A) any election made under section 172(b)(3) or 810(b)(3) of the Internal Revenue Code of 1986 with respect to such loss may (notwithstanding such section) be revoked before the applicable date,CommentsClose CommentsPermalink





(B) any election made under section 172(k) or 810(b)(4) of such Code with respect to such loss shallb)(1)(H) of such Code with respect to such loss shall (notwithstanding such section) be treated as timely made if made before the applicable date, andCommentsClose CommentsPermalink





(C) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before the applicable date.CommentsClose CommentsPermalink





For purposes of this paragraph, the term ‘applicable date’ means the date which is 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1212. EXCEPTION FOR TARP RECIPIENTS.

The amendments made by this part shall not apply to--

(1) any taxpayer if--

(A) the Federal Government acquires, at any time, an equity interest in the taxpayer pursuant to the Emergency Economic Stabilization Act of 2008, or

(B) the Federal Government acquires, at any time, any warrant (or other right) to acquire any equity interest with respect to the taxpayer pursuant to such Act,

(2) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and

(3) any taxpayer which at any time in 2008 or 2009 is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to subsection (b) thereof) as a taxpayer described in paragraph (1) or (2)DECREASED REQUIRED ESTIMATED TAX PAYMENTS IN 2009 FOR CERTAIN SMALL BUSINESSES.

Paragraph (1) of section 6654(d) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(D) SPECIAL RULE FOR 2009-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Notwithstanding subparagraph (C), in the case of any taxable year beginning in 2009, clause (ii) of subparagraph (B) shall be applied to any qualified individual by substituting ‘90 percent’ for ‘100 percent’.CommentsClose CommentsPermalink





‘(ii) QUALIFIED INDIVIDUAL- For purposes of this subparagraph, the term ‘qualified individual’ means any individual if--CommentsClose CommentsPermalink





‘(I) the adjusted gross income shown on the return of such individual for the preceding taxable year is less than $500,000, andCommentsClose CommentsPermalink





‘(II) such individual certifies that more than 50 percent of the gross income shown on the return of such individual for the preceding taxable year was income from a small business.CommentsClose CommentsPermalink





A certification under subclause (II) shall be in such form and manner and filed at such time as the Secretary may by regulations prescribe.CommentsClose CommentsPermalink





‘(iii) INCOME FROM A SMALL BUSINESS- For purposes of clause (ii), income from a small business means, with respect to any individual, income from a trade or business the average number of employees of which was less than 500 employees for the calendar year ending with or within the preceding taxable year of the individual.CommentsClose CommentsPermalink





‘(iv) SEPARATE RETURNS- In the case of a married individual (within the meaning of section 7703) who files a separate return for the taxable year for which the amount of the installment is being determined, clause (ii)(I) shall be applied by substituting ‘$250,000’ for ‘$500,000’.CommentsClose CommentsPermalink





‘(v) ESTATES AND TRUSTS- In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e).’.CommentsClose CommentsPermalink

PART III--INCENTIVES FOR NEW JOBS

SEC. 1221. INCENTIVES TO HIRE UNEMPLOYED VETERANS AND DISCONNECTED YOUTH.

(a) In General- Subsection (d) of section 51 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(14) CREDIT ALLOWED FOR UNEMPLOYED VETERANS AND DISCONNECTED YOUTH HIRED IN 2009 OR 2010-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any unemployed veteran or disconnected youth who begins work for the employer during 2009 or 2010 shall be treated as a member of a targeted group for purposes of this subpart.CommentsClose CommentsPermalink





‘(B) DEFINITIONS- For purposes of this paragraph--CommentsClose CommentsPermalink





‘(i) UNEMPLOYED VETERAN- The term ‘unemployed veteran’ means any veteran (as defined in paragraph (3)(B), determined without regard to clause (ii) thereof) who is certified by the designated local agency as--CommentsClose CommentsPermalink





‘(I) having been discharged or released from active duty in the Armed Forces during the period beginning on September 1, 2001, and ending on December 31, 2010, and‘(II) at any time during the 5-year period ending on the hiring date, andCommentsClose CommentsPermalink





‘(II) being in receipt of unemployment compensation under State or Federal law for not less than 4 weeks during the 1-year period ending on the hiring date.CommentsClose CommentsPermalink





‘(ii) DISCONNECTED YOUTH- The term ‘disconnected youth’ means any individual who is certified by the designated local agency--CommentsClose CommentsPermalink





‘(I) as having attained age 16 but not age 25 on the hiring date,CommentsClose CommentsPermalink





‘(II) as not regularly attending any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date,CommentsClose CommentsPermalink





‘(III) as not regularly employed during such 6-month period, andCommentsClose CommentsPermalink





‘(IV) as not readily employable by reason of lacking a sufficient number of basic skills.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2008.CommentsClose CommentsPermalink

PART IV--CANCELLATION OF INDEBTEDNESRULES RELATING TO DEBT INSTRUMENTS

SEC. 1231. DEFERRAL AND RATABLE INCLUSION OF INCOME ARISING FROM BUSINESS INDEBTEDNESS DISCHARGED BY THE REPURCHASEACQUISITION OF A DEBT INSTRUMENT.

(a) In General- Section 108 (relating to income from discharge of indebtedness) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(i) Deferral and Ratable Inclusion of Income Arising From Business Indebtedness Discharged by the Repurchaseacquisition of a Debt Instrument-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding section 61, income from the At the election of the taxpayer, income from the discharge of indebtedness in connection with the repurchase of a debt instrumentacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt instrument shall be includible in gross income ratably over the 85-taxable-year period beginning with--CommentsClose CommentsPermalink





‘(A) in the case of a repurchaseacquisition occurring in 2009, the secondfifth taxable year following the taxable year in which the repurchaseacquisition occurs, andCommentsClose CommentsPermalink





‘(B) in the case of a repurchase occurring in 2010, the taxable year following the taxable year in which the repurchaseacquisition occurring in 2010, the fourth taxable year following the taxable year in which the reacquisition occurs.CommentsClose CommentsPermalink





‘(2) DEFERRAL OF DEDUCTION FOR ORIGINAL ISSUE DISCOUNT IN DEBT FOR DEBT EXCHANGES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If, as part of a reacquisition to which paragraph (1) applies, any debt instrument is issued for the applicable debt instrument being reacquired (or is treated as so issued under subsection (e)(4) and the regulations thereunder) and there is any original issue discount determined under subpart A of part V of subchapter P of this chapter with respect to the debt instrument so issued--CommentsClose CommentsPermalink





‘(i) except as provided in clause (ii), no deduction otherwise allowable under this chapter shall be allowed to the issuer of such debt instrument with respect to the portion of such original issue discount which--CommentsClose CommentsPermalink





‘(I) accrues before the 1st taxable year in the 5-taxable-year period in which income from the discharge of indebtedness attributable to the reacquisition of the debt instrument is includible under paragraph (1), andCommentsClose CommentsPermalink





‘(II) does not exceed the income from the discharge of indebtedness with respect to the debt instrument being reacquired, andCommentsClose CommentsPermalink





‘(ii) the aggregate amount of deductions disallowed under clause (i) shall be allowed as a deduction ratably over the 5-taxable-year period described in clause (i)(I).CommentsClose CommentsPermalink





If the amount of the original issue discount accruing before such 1st taxable year exceeds the income from the discharge of indebtedness with respect to the applicable debt instrument being reacquired, the deductions shall be disallowed in the order in which the original issue discount is accrued.CommentsClose CommentsPermalink





‘(B) DEEMED DEBT FOR DEBT EXCHANGES- For purposes of subparagraph (A), if any debt instrument is issued by an issuer and the proceeds of such debt instrument are used directly or indirectly by the issuer to reacquire an applicable debt instrument of the issuer, the debt instrument so issued shall be treated as issued for the debt instrument being reacquired. If only a portion of the proceeds from a debt instrument are so used, the rules of subparagraph (A) shall apply to the portion of any original issue discount on the newly issued debt instrument which is equal to the portion of the proceeds from such instrument used to reacquire the outstanding instrument.CommentsClose CommentsPermalink





‘(3) APPLICABLE DEBT INSTRUMENT- For purposes of this subsection, the term--CommentsClose CommentsPermalink





‘(A) APPLICABLE DEBT INSTRUMENT- The term ‘applicable debt instrument’ means any debt instrument which was issued by--CommentsClose CommentsPermalink





‘(i) a C corporation, orCommentsClose CommentsPermalink





‘(ii) any other person in connection with the conduct of a trade or business by such person.CommentsClose CommentsPermalink





‘(B) DEBT INSTRUMENT- The term ‘debt instrument’ means a bond, debenture, note, certificate, or any other instrument or contractual arrangement constituting indebtedness (within the meaning of section 1275(a)(1)).CommentsClose CommentsPermalink





‘(3) REPURCHASE- For purposes of this subsection, the term ‘repurchase4) REACQUISITION- For purposes of this subsection--CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘reacquisition’ means, with respect to any debt instrument, a cash purchaseapplicable debt instrument, any acquisition of the debt instrument by--CommentsClose CommentsPermalink





‘(A) the debtor which issuedi) the debtor which issued (or is otherwise the obligor under) the debt instrument, orCommentsClose CommentsPermalink





‘(B) any person relatedii) a related person to such debtor.CommentsClose CommentsPermalink





For purposes of subparagraph (B), t ‘(B) ACQUISITION- The term ‘acquisition’ shall, with respect to any applicable debt instrument, include an acquisition of the debt instrument for cash, the exchange of the debt instrument for another debt instrument (including an exchange resulting from a modification of the debt instrument), the exchange of the debt instrument for corporate stock or a partnership interest, and the contribution of the debt instrument to capital. Such term shall also include the complete forgiveness of the indebtedness by the holder of the debt instrument. CommentsClose CommentsPermalink





‘(5) OTHER DEFINITIONS AND RULES- For purposes of this subsection--CommentsClose CommentsPermalink





‘(A) RELATED PERSON- The determination of whether a person is related to another person shall be made in the same manner as under subsection (e)(4).CommentsClose CommentsPermalink





‘(4) AUTHORITY TO PRESCRIBE REGULATIONS- The SecretaryB) ELECTION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- An election under this subsection with respect to any applicable debt instrument shall be made by including with the return of tax imposed by chapter 1 for the taxable year in which the reacquisition of the debt instrument occurs a statement which--CommentsClose CommentsPermalink





‘(I) clearly identifies such instrument, andCommentsClose CommentsPermalink





‘(II) includes the amount of income to which paragraph (1) applies and such other information as the Secretary may prescribe.CommentsClose CommentsPermalink





‘(ii) ELECTION IRREVOCABLE- Such election, once made, is irrevocable.CommentsClose CommentsPermalink





‘(iii) PASS-THRU ENTITIES- In the case of a partnership, S corporation, or other pass-thru entity, the election under this subsection shall be made by the partnership, the S corporation, or other entity involved.CommentsClose CommentsPermalink





‘(C) COORDINATION WITH OTHER EXCLUSIONS- If a taxpayer elects to have this subsection apply to an applicable debt instrument, subparagraphs (A), (B), (C), and (D) of subsection (a)(1) shall not apply to the income from the discharge of such indebtedness for the taxable year of the election or any subsequent taxable year.CommentsClose CommentsPermalink





‘(D) ACCELERATION OF DEFERRED ITEMS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the case of the death of the taxpayer, the liquidation or sale of substantially all the assets of the taxpayer (including in a title 11 or similar case), the cessation of business by the taxpayer, or similar circumstances, any item of income or deduction which is deferred under this subsection (and has not previously been taken into account) shall be taken into account in the taxable year in which such event occurs (or in the case of a title 11 or similar case, the day before the petition is filed).CommentsClose CommentsPermalink





‘(ii) SPECIAL RULE FOR PASS-THRU ENTITIES- The rule of clause (i) shall also apply in the case of the sale or exchange or redemption of an interest in a partnership, S corporation, or other pass- thru entity by a partner, shareholder, or other person holding an ownership interest in such entity.CommentsClose CommentsPermalink





‘(6) SPECIAL RULE FOR PARTNERSHIPS- In the case of a partnership, any income deferred under this subsection shall be allocated to the partners in the partnership immediately before the discharge in the manner such amounts would have been included in the distributive shares of such partners under section 704 if such income were recognized at such time. Any decrease in a partner’s share of partnership liabilities as a result of such discharge shall not be taken into account for purposes of section 752 at the time of the discharge to the extent it would cause the partner to recognize gain under section 731. Any decrease in partnership liabilities deferred under the preceding sentence shall be taken into account by such partner at the same time, and to the extent remaining in the same amount, as income deferred under this subsection is recognized.CommentsClose CommentsPermalink





‘(7) SECRETARIAL AUTHORITY- The Secretary may prescribe such regulations as may be necessary or appropriate for purposes of applying this subsection, rules, or other guidance as may be necessary or appropriate for purposes of applying this subsection, including--CommentsClose CommentsPermalink





‘(A) extending the application of the rules of paragraph (5)(D) to other circumstances where appropriate,CommentsClose CommentsPermalink





‘(B) requiring reporting of the election (and such other information as the Secretary may require) on returns of tax for subsequent taxable years, andCommentsClose CommentsPermalink





‘(C) rules for the application of this subsection to partnerships, S corporations, and other pass-thru entities, including for the allocation of deferred deductions.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to discharges in taxable years ending after December 31, 2008.CommentsClose CommentsPermalink

PART V--QUALIFIED SMALL BUSINESS STOCK

SEC. 1241. SPECIAL RULES APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK FOR 2009 AND 2010.

(a) In General- Section 1202(a) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) SPECIAL RULES FOR 2009 AND 2010- In the case of qualified small business stock acquired after the date of the enactment of this paragraph and before January 1, 2011--CommentsClose CommentsPermalink





‘(A) paragraph (1) shall be applied by substituting ‘75 percent’ for ‘50 percent’, andCommentsClose CommentsPermalink





‘(B) paragraph (2) shall not apply.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to stock acquired after the date of the enactment of this Act.CommentsClose CommentsPermalink

PART VI--PARITY FOR TRANSPORTATION FRINGE BENEFITSSEC. 1251. INCREASED EXCLUSION AMOUNT FOR COMMUTER TRANSIT BENEFITS AND TRANSIT PASSES.

(a) In General- Paragraph (2) of section 132(f) is amended by adding at the end the following flush sentence:

‘In the case of any month beginning on or after the date of the enactment of this sentence and before January 1, 2011, subparagraph (A) shall be applied as if the dollar amount therein were the same as the dollar amount under subparagraph (B) (as in effect for such month).’.

(b) Effective Date- The amendment made by this section shall apply to months beginning on or after the date of the enactment of this section.

PART VII--S CORPORATIONS

SEC. 12651. TEMPORARY REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS TAX.

(a) In General- Paragraph (7) of section 1374(d) (relating to definitions and special rules) is amended to read as follows:CommentsClose CommentsPermalink





‘(7) RECOGNITION PERIOD-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘recognition period’ means the 10-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE FOR 2009 AND 2010- In the case of any taxable year beginning in 2009 or 2010, no tax shall be imposed on the net unrecognized built-in gain of an S corporation if the 7th taxable year in the recognition period preceded such taxable year. The preceding sentence shall be applied separately with respect to any asset to which paragraph (8) applies.CommentsClose CommentsPermalink





‘(C) SPECIAL RULE FOR DISTRIBUTIONS TO SHAREHOLDERS- For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e)--CommentsClose CommentsPermalink





‘(i) subparagraph (A) shall be applied without regard to the phrase ‘10-year’, andCommentsClose CommentsPermalink





‘(ii) subparagraph (B) shall not apply.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to taxable years beginning after December 31, 2008.PART VIII--BROADBAND INCENTIVESSEC. 1271. BROADBAND INTERNET ACCESS TAX CREDIT.

(a) In General- Subpart E of part IV of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit), as amended by this Act, is amended by inserting after section 48C the following new section:

‘SEC. 48D. BROADBAND INTERNET ACCESS CREDIT.

‘(a) General Rule- For purposes of section 46, the broadband credit for any taxable year is the sum of--

‘(1) the current generation broadband credit, plus

‘(2) the next generation broadband credit.

‘(b) Current Generation Broadband Credit; Next Generation Broadband Credit- For purposes of this section--

‘(1) CURRENT GENERATION BROADBAND CREDIT- The current generation broadband credit for any taxable year is equal to 10 percent (20 percent in the case of qualified subscribers which are unserved subscribers) of the qualified broadband expenditures incurred with respect to qualified equipment providing current generation broadband services to qualified subscribers and taken into account with respect to such taxable year.

‘(2) NEXT GENERATION BROADBAND CREDIT- The next generation broadband credit for any taxable year is equal to 20 percent of the qualified broadband expenditures incurred with respect to qualified equipment providing next generation broadband services to qualified subscribers and taken into account with respect to such taxable year.

‘(c) When Expenditures Taken Into Account- For purposes of this section--

‘(1) IN GENERAL- Qualified broadband expenditures with respect to qualified equipment shall be taken into account with respect to the first taxable year in which--

‘(A) current generation broadband services are provided through such equipment to qualified subscribers, or

‘(B) next generation broadband services are provided through such equipment to qualified subscribers.

‘(2) LIMITATION-

‘(A) IN GENERAL- Qualified broadband expenditures shall be taken into account under paragraph (1) only with respect to qualified equipment--

‘(i) the original use of which commences with the taxpayer, and

‘(ii) which is placed in service, after December 31, 2008, and before January 1, 2011.

‘(B) SALE-LEASEBACKS- For purposes of subparagraph (A), if property--

‘(i) is originally placed in service after December 31, 2008, by any person, and

‘(ii) sold and leased back by such person within 3 months after the date such property was originally placed in service,

such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in clause (ii).

‘(d) Special Allocation Rules for Current Generation Broadband Services- For purposes of determining the current generation broadband credit under subsection (a)(1) with respect to qualified equipment through which current generation broadband services are provided, if the qualified equipment is capable of serving both qualified subscribers and other subscribers, the qualified broadband expenditures shall be multiplied by a fraction--

‘(1) the numerator of which is the sum of the number of potential qualified subscribers within the rural areas and the underserved areas and the unserved areas which the equipment is capable of serving with current generation broadband services, and

‘(2) the denominator of which is the total potential subscriber population of the area which the equipment is capable of serving with current generation broadband services.

‘(e) Definitions- For purposes of this section--

‘(1) ANTENNA- The term ‘antenna’ means any device used to transmit or receive signals through the electromagnetic spectrum, including satellite equipment.

‘(2) CABLE OPERATOR- The term ‘cable operator’ has the meaning given such term by section 602(5) of the Communications Act of 1934 (47 U.S.C. 522(5)).

‘(3) COMMERCIAL MOBILE SERVICE CARRIER- The term ‘commercial mobile service carrier’ means any person authorized to provide commercial mobile radio service as defined in section 20.3 of title 47, Code of Federal Regulations.

‘(4) CURRENT GENERATION BROADBAND SERVICE- The term ‘current generation broadband service’ means the transmission of signals at a rate of at least 5,000,000 bits per second to the subscriber and at least 1,000,000 bits per second from the subscriber (at least 3,000,000 bits per second to the subscriber and at least 768,000 bits per second from the subscriber in the case of service through radio transmission of energy).

‘(5) MULTIPLEXING OR DEMULTIPLEXING- The term ‘multiplexing’ means the transmission of 2 or more signals over a single channel, and the term ‘demultiplexing’ means the separation of 2 or more signals previously combined by compatible multiplexing equipment.

‘(6) NEXT GENERATION BROADBAND SERVICE- The term ‘next generation broadband service’ means the transmission of signals at a rate of at least 100,000,000 bits per second to the subscriber (or its equivalent when the data rate is measured before being compressed for transmission) and at least 20,000,000 bits per second from the subscriber (or its equivalent as so measured).

‘(7) NONRESIDENTIAL SUBSCRIBER- The term ‘nonresidential subscriber’ means any person who purchases broadband services which are delivered to the permanent place of business of such person.

‘(8) OPEN VIDEO SYSTEM OPERATOR- The term ‘open video system operator’ means any person authorized to provide service under section 653 of the Communications Act of 1934 (47 U.S.C. 573).

‘(9) OTHER WIRELESS CARRIER- The term ‘other wireless carrier’ means any person (other than a telecommunications carrier, commercial mobile service carrier, cable operator, open video system operator, or satellite carrier) providing current generation broadband services or next generation broadband service to subscribers through the radio transmission of energy.

‘(10) PACKET SWITCHING- The term ‘packet switching’ means controlling or routing the path of a digitized transmission signal which is assembled into packets or cells.

‘(11) PROVIDER- The term ‘provider’ means, with respect to any qualified equipment any--

‘(A) cable operator,

‘(B) commercial mobile service carrier,

‘(C) open video system operator,

‘(D) satellite carrier,

‘(E) telecommunications carrier, or

‘(F) other wireless carrier,

providing current generation broadband services or next generation broadband services to subscribers through such qualified equipment.

‘(12) PROVISION OF SERVICES- A provider shall be treated as providing services to 1 or more subscribers if--

‘(A) such a subscriber has been passed by the provider’s equipment and can be connected to such equipment for a standard connection fee,

‘(B) the provider is physically able to deliver current generation broadband services or next generation broadband services, as applicable, to such a subscriber without making more than an insignificant investment with respect to such subscriber,

‘(C) the provider has made reasonable efforts to make such subscribers aware of the availability of such services,

‘(D) such services have been purchased by 1 or more such subscribers, and

‘(E) such services are made available to such subscribers at average prices comparable to those at which the provider makes available similar services in any areas in which the provider makes available such services.

‘(13) QUALIFIED EQUIPMENT-

‘(A) IN GENERAL- The term ‘qualified equipment’ means property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and which provides current generation broadband services or next generation broadband services--

‘(i) at least a majority of the time during periods of maximum demand to each subscriber who is utilizing such services, and

‘(ii) in a manner substantially the same as such services are provided by the provider to subscribers through equipment with respect to which no credit is allowed under subsection (a)(1).

‘(B) ONLY CERTAIN INVESTMENT TAKEN INTO ACCOUNT- Except as provided in subparagraph (C) or (D), equipment shall be taken into account under subparagraph (A) only to the extent it--

‘(i) extends from the last point of switching to the outside of the unit, building, dwelling, or office owned or leased by a subscriber in the case of a telecommunications carrier or broadband-over-powerline operator,

‘(ii) extends from the customer side of the mobile telephone switching office to a transmission/receive antenna (including such antenna) owned or leased by a subscriber in the case of a commercial mobile service carrier,

‘(iii) extends from the customer side of the headend to the outside of the unit, building, dwelling, or office owned or leased by a subscriber in the case of a cable operator or open video system operator, or

‘(iv) extends from a transmission/receive antenna (including such antenna) which transmits and receives signals to or from multiple subscribers, to a transmission/receive antenna (including such antenna) on the outside of the unit, building, dwelling, or office owned or leased by a subscriber in the case of a satellite carrier or other wireless carrier, unless such other wireless carrier is also a telecommunications carrier.

‘(C) PACKET SWITCHING EQUIPMENT- Packet switching equipment, regardless of location, shall be taken into account under subparagraph (A) only if it is deployed in connection with equipment described in subparagraph (B) and is uniquely designed to perform the function of packet switching for current generation broadband services or next generation broadband services, but only if such packet switching is the last in a series of such functions performed in the transmission of a signal to a subscriber or the first in a series of such functions performed in the transmission of a signal from a subscriber.

‘(D) MULTIPLEXING AND DEMULTIPLEXING EQUIPMENT- Multiplexing and demultiplexing equipment shall be taken into account under subparagraph (A) only to the extent it is deployed in connection with equipment described in subparagraph (B) and is uniquely designed to perform the function of multiplexing and demultiplexing packets or cells of data and making associated application adaptions, but only if such multiplexing or demultiplexing equipment is located between packet switching equipment described in subparagraph (C) and the subscriber’s premises.

‘(14) QUALIFIED BROADBAND EXPENDITURE-

‘(A) IN GENERAL- The term ‘qualified broadband expenditure’ means any amount--

‘(i) chargeable to capital account with respect to the purchase and installation of qualified equipment (including any upgrades thereto) for which depreciation is allowable under section 168, and

‘(ii) incurred after December 31, 2008, and before January 1, 2011.

‘(B) CERTAIN SATELLITE EXPENDITURES EXCLUDED- Such term shall not include any expenditure with respect to the launching of any satellite equipment.

‘(C) LEASED EQUIPMENT- Such term shall include so much of the purchase price paid by the lessor of equipment subject to a lease described in subsection (c)(2)(B) as is attributable to expenditures incurred by the lessee which would otherwise be described in subparagraph (A).

‘(15) QUALIFIED SUBSCRIBER- The term ‘qualified subscriber’ means--

‘(A) with respect to the provision of current generation broadband services--

‘(i) any nonresidential subscriber maintaining a permanent place of business in a rural area, an underserved area, or an unserved area, or

‘(ii) any residential subscriber residing in a dwelling located in a rural area, an underserved area, or an unserved area which is not a saturated market, and

‘(B) with respect to the provision of next generation broadband services--

‘(i) any nonresidential subscriber maintaining a permanent place of business in a rural area, an underserved area, or an unserved area , or

‘(ii) any residential subscriber.

‘(16) RESIDENTIAL SUBSCRIBER- The term ‘residential subscriber’ means any individual who purchases broadband services which are delivered to such individual’s dwelling.

‘(17) RURAL AREA- The term ‘rural area’ means any census tract which--

‘(A) is not within 10 miles of any incorporated or census designated place containing more than 25,000 people, and

‘(B) is not within a county or county equivalent which has an overall population density of more than 500 people per square mile of land.

‘(18) RURAL SUBSCRIBER- The term ‘rural subscriber’ means any residential subscriber residing in a dwelling located in a rural area or nonresidential subscriber maintaining a permanent place of business located in a rural area.

‘(19) SATELLITE CARRIER- The term ‘satellite carrier’ means any person using the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operating in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of such Code to establish and operate a channel of communications for distribution of signals, and owning or leasing a capacity or service on a satellite in order to provide such point-to-multipoint distribution.

‘(20) SATURATED MARKET- The term ‘saturated market’ means any census tract in which, as of the date of the enactment of this section--

‘(A) current generation broadband services have been provided by a single provider to 85 percent or more of the total number of potential residential subscribers residing in dwellings located within such census tract, and

‘(B) such services can be utilized--

‘(i) at least a majority of the time during periods of maximum demand by each such subscriber who is utilizing such services, and

‘(ii) in a manner substantially the same as such services are provided by the provider to subscribers through equipment with respect to which no credit is allowed under subsection (a)(1).

‘(21) SUBSCRIBER- The term ‘subscriber’ means any person who purchases current generation broadband services or next generation broadband services.

‘(22) TELECOMMUNICATIONS CARRIER- The term ‘telecommunications carrier’ has the meaning given such term by section 3(44) of the Communications Act of 1934 (47 U.S.C. 153(44)), but--

‘(A) includes all members of an affiliated group of which a telecommunications carrier is a member, and

‘(B) does not include any commercial mobile service carrier.

‘(23) TOTAL POTENTIAL SUBSCRIBER POPULATION- The term ‘total potential subscriber population’ means, with respect to any area and based on the most recent census data, the total number of potential residential subscribers residing in dwellings located in such area and potential nonresidential subscribers maintaining permanent places of business located in such area.

‘(24) UNDERSERVED AREA- The term ‘underserved area’ means any census tract which is located in--

‘(A) an empowerment zone or enterprise community designated under section 1391,

‘(B) the District of Columbia Enterprise Zone established under section 1400,

‘(C) a renewal community designated under section 1400E, or

‘(D) a low-income community designated under section 45D.

‘(25) UNDERSERVED SUBSCRIBER- The term ‘underserved subscriber’ means any residential subscriber residing in a dwelling located in an underserved area or nonresidential subscriber maintaining a permanent place of business located in an underserved area.

‘(26) UNSERVED AREA- The term ‘unserved area’ means any census tract in which no current generation broadband services are provided, as certified by the State in which such tract is located not later than September 30, 2009.

‘(27) UNSERVED SUBSCRIBER- The term ‘unserved subscriber’ means any residential subscriber residing in a dwelling located in an unserved area or nonresidential subscriber maintaining a permanent place of business located in an unserved area.’.

(b) Credit To Be Part of Investment Credit- Section 46 (relating to the amount of investment credit), as amended by this Act, is amended by striking ‘and’ at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ‘, and’, and by adding at the end the following:

‘(6) the broadband Internet access credit.’

(c) Special Rule for Mutual or Cooperative Telephone Companies- Section 501(c)(12)(B) (relating to list of exempt organizations) is amended by striking ‘or’ at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ‘, or’, and by adding at the end the following new clause:

‘(v) from the sale of property subject to a lease described in section 48D(c)(2)(B), but only to the extent such income does not in any year exceed an amount equal to the credit for qualified broadband expenditures which would be determined under section 48D for such year if the mutual or cooperative telephone company was not exempt from taxation and was treated as the owner of the property subject to such lease.’.

(d) Conforming Amendments-

(1) Section 49(a)(1)(C), as amended by this Act, is amended by striking ‘and’ at the end of clause (iv), by striking the period at the end of clause (v) and inserting ‘, and’, and by adding after clause (v) the following new clause:

‘(vi) the portion of the basis of any qualified equipment attributable to qualified broadband expenditures under section 48D.’.

(2) The table of sections for subpart E of part IV of subchapter A of chapter 1, as amended by this Act, is amended by inserting after the item relating to section 48C the following:

‘Sec. 48D. Broadband internet access credit’.

(e) Designation of Census Tracts-

(1) IN GENERAL- The Secretary of the Treasury shall, not later than 90 days after the date of the enactment of this Act, designate and publish those census tracts meeting the criteria described in paragraphs (17), (23), (24), and (26) of section 48D(e) of the Internal Revenue Code of 1986 (as added by this section). In making such designations, the Secretary of the Treasury shall consult with such other departments and agencies as the Secretary determines appropriate.

(2) SATURATED MARKET-

(A) IN GENERAL- For purposes of designating and publishing those census tracts meeting the criteria described in subsection (e)(20) of such section 48D--

(i) the Secretary of the Treasury shall prescribe not later than 30 days after the date of the enactment of this Act the form upon which any provider which takes the position that it meets such criteria with respect to any census tract shall submit a list of such census tracts (and any other information required by the Secretary) not later than 60 days after the date of the publication of such form, and

(ii) the Secretary of the Treasury shall publish an aggregate list of such census tracts submitted and the applicable providers not later than 30 days after the last date such submissions are allowed under clause (i).

(B) NO SUBSEQUENT LISTS REQUIRED- The Secretary of the Treasury shall not be required to publish any list of census tracts meeting such criteria subsequent to the list described in subparagraph (A)(ii).

(C) AUTHORITY TO DISREGARD FALSE SUBMISSIONS- In addition to imposing any other applicable penalties, the Secretary of the Treasury shall have the discretion to disregard any form described in subparagraph (A)(i) on which a provider knowingly submitted false information.

(f) Other Regulatory Matters-

(1) PROHIBITION- No Federal or State agency or instrumentality shall adopt regulations or ratemaking procedures that would have the effect of eliminating or reducing any credit or portion thereof allowed under section 48D of the Internal Revenue Code of 1986 (as added by this section) or otherwise subverting the purpose of this section.

(2) TREASURY REGULATORY AUTHORITY- It is the intent of Congress in providing the broadband Internet access credit under section 48D of the Internal Revenue Code of 1986 (as added by this section) to provide incentives for the purchase, installation, and connection of equipment and facilities offering expanded broadband access to the Internet for users in certain low income and rural areas of the United States, as well as to residential users nationwide, in a manner that maintains competitive neutrality among the various classes of providers of broadband services. Accordingly, the Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of section 48D of such Code, including--

(A) regulations to determine how and when a taxpayer that incurs qualified broadband expenditures satisfies the requirements of section 48D of such Code to provide broadband services, and

(B) regulations describing the information, records, and data taxpayers are required to provide the Secretary to substantiate compliance with the requirements of section 48D of such Code.

(g) Effective Date- The amendments made by this section shall apply to expenditures incurredtaxable years beginning after December 31, 2008.CommentsClose CommentsPermalink

PART IX--CLARIFICATION OF REGULATIONS RELATED TO LIMITATIONS ON CERTAIN BUILT-IN LOSSES FOLLOWING ANVII--RULES RELATING TO OWNERSHIP CHANGESEC. 128S

SEC. 1261. CLARIFICATION OF REGULATIONS RELATED TO LIMITATIONS ON CERTAIN BUILT-IN LOSSES FOLLOWING AN OWNERSHIP CHANGE.

(a) Findings- Congress finds as follows:CommentsClose CommentsPermalink





(1) The delegation of authority to the Secretary of the Treasury under section 382(m) of the Internal Revenue Code of 1986 does not authorize the Secretary to provide exemptions or special rules that are restricted to particular industries or classes of taxpayers.CommentsClose CommentsPermalink





(2) Internal Revenue Service Notice 2008-83 is inconsistent with the congressional intent in enacting such section 382(m).CommentsClose CommentsPermalink





(3) The legal authority to prescribe Internal Revenue Service Notice 2008-83 is doubtful.CommentsClose CommentsPermalink





(4) However, as taxpayers should generally be able to rely on guidance issued by the Secretary of the Treasury legislation is necessary to clarify the force and effect of Internal Revenue Service Notice 2008-83 and restore the proper application under the Internal Revenue Code of 1986 of the limitation on built-in losses following an ownership change of a bank.CommentsClose CommentsPermalink





(b) Determination of Force and Effect of Internal Revenue Service Notice 2008-83 Exempting Banks From Limitation on Certain Built-in Losses Following Ownership Change-CommentsClose CommentsPermalink





(1) IN GENERAL- Internal Revenue Service Notice 2008-83--CommentsClose CommentsPermalink





(A) shall be deemed to have the force and effect of law with respect to any ownership change (as defined in section 382(g) of the Internal Revenue Code of 1986) occurring on or before January 16, 2009, andCommentsClose CommentsPermalink





(B) shall have no force or effect with respect to any ownership change after such date.CommentsClose CommentsPermalink





(2) BINDING CONTRACTS- Notwithstanding paragraph (1), Internal Revenue Service Notice 2008-83 shall have the force and effect of law with respect to any ownership change (as so defined) which occurs after January 16, 2009, if such change--CommentsClose CommentsPermalink





(A) is pursuant to a written binding contract entered into on or before such date, orCommentsClose CommentsPermalink





(B) is pursuant to a written agreement entered into on or before such date and such agreement was described on or before such date in a public announcement or in a filing with the Securities and Exchange Commission required by reason of such ownership change.CommentsClose CommentsPermalink

SEC. 1262. TREATMENT OF CERTAIN OWNERSHIP CHANGES FOR PURPOSES OF LIMITATIONS ON NET OPERATING LOSS CARRYFORWARDS AND CERTAIN BUILT-IN LOSSES.

Subtitle D--Manufacturing Recovery ProvisionsCommentsClose CommentsPermalink

SEC. 1301. TEMPORARY EXPANSION OF AVAILABILITY OF INDUSTRIAL DEVELOPMENT BONDS TO FACILITIES MANUFACTURING INTANGIBLE PROPERTY.

(a) In General- Subparagraph (C) of section 144(a)(12) is amended--CommentsClose CommentsPermalink





(1) by striking ‘For purposes of this paragraph, the term’ and inserting ‘For purposes of this paragraph--CommentsClose CommentsPermalink





‘(i) IN GENERAL- The term’, andCommentsClose CommentsPermalink





(2) by striking the last sentence and inserting the following new clauses:CommentsClose CommentsPermalink





‘(ii) CERTAIN FACILITIES INCLUDED- Such term includes facilities which are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if--CommentsClose CommentsPermalink





‘(I) such facilities are located on the same site as the manufacturing facility, andCommentsClose CommentsPermalink





‘(II) not more than 25 percent of the net proceeds of the issue are used to provide such facilities.CommentsClose CommentsPermalink





‘(iii) SPECIAL RULES FOR BONDS ISSUED IN 2009 AND 2010- In the case of any issue made after the date of enactment of this clause and before January 1, 2011, clause (ii) shall not apply and the net proceeds from a bond shall be considered to be used to provide a manufacturing facility if such proceeds are used to provide--CommentsClose CommentsPermalink





‘(I) a facility which is used in the creation or production of intangible property which is described in section 197(d)(1)(C)(iii), orCommentsClose CommentsPermalink





‘(II) a facility which is functionally related and subordinate to a manufacturing facility (determined without regard to this subclause) if such facility is located on the same site as the manufacturing facility.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply to bondobligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1302. CREDIT FOR INVESTMENT IN ADVANCED ENERGY FACILITIES.

(a) In General- Section 46 (relating to amount of credit) is amended by striking ‘and’ at the end of paragraph (3), by striking the period at the end of paragraph (4), and by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) the qualifying advanced energy project credit.’.CommentsClose CommentsPermalink





(b) Amount of Credit- Subpart E of part IV of subchapter A of chapter 1 (relating to rules for computing investment credit) is amended by inserting after section 48B the following new section:CommentsClose CommentsPermalink

‘SEC. 48C. QUALIFYING ADVANCED ENERGY PROJECT CREDIT.

‘(a) In General- For purposes of section 46, the qualifying advanced energy project credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year with respect to any qualifying advanced energy project of the taxpayer.CommentsClose CommentsPermalink





‘(b) Qualified Investment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying advanced energy project--

‘(A)(i) the construction, reconstruction, or erection of which is completed by the taxpayer after October 31, 2008, or

‘(ii) which is acquired by the taxpayer if the original use of such eligible property commences with the taxpayer after October 31, 2008, and‘(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowableplaced in service by the taxpayer during such taxable year which is part of a qualifying advanced energy project.CommentsClose CommentsPermalink




‘(2) CERTAIN QUALIFIED PROGRESS EXPENDITURES RULES MADE APPLICABLE- Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section.CommentsClose CommentsPermalink





‘(3) LIMITATION- The amount which is treated for all taxable years with respect to any qualifying advanced energy project shall not exceed the amount designated by the Secretary as eligible for the credit under this section.CommentsClose CommentsPermalink





‘(c) Definitions-CommentsClose CommentsPermalink





‘(1) QUALIFYING ADVANCED ENERGY PROJECT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘qualifying advanced energy project’ means a project--CommentsClose CommentsPermalink





‘(i) which re-equips, expands, or establishes a manufacturing facility for the production of property which is--‘(I)--CommentsClose CommentsPermalink





‘(I) property designed to be used to produce energy from the sun, wind, geothermal deposits (within the meaning of section 613(e)(2)), or other renewable resources,CommentsClose CommentsPermalink





‘(II) designed to manufacture fuel cells, microturbines, or an energy storage system for use with electric or hybrid-electric motor vehicles,CommentsClose CommentsPermalink





‘(III) designed to manufacture electric grids to support the transmission of intermittent sources of renewable energy, including storage of such energy,CommentsClose CommentsPermalink





‘(IV) property designed to capture and sequester carbon dioxide emissions,CommentsClose CommentsPermalink





‘(V) property designed to refine or blend renewable fuels or to produce energy conservation technologies (including energy-conserving lighting technologies and smart grid technologies),CommentsClose CommentsPermalink





or‘(V ‘(VI) new qualified plug-in electric drive motor vehicles (as defined by section 30D), qualified plug-in electric vehicles (as defined by section 30(d)), or components which are designed specifically for use with such vehicles, including electric motors, generators, and power control units, or CommentsClose CommentsPermalink





‘(VII) other advanced energy property designed to reduce greenhouse gas emissions as may be determined by the Secretary, andCommentsClose CommentsPermalink





‘(ii) any portion of the qualified investment of which is certified by the Secretary under subsection (d) as eligible for a credit under this section.CommentsClose CommentsPermalink





‘(B) EXCEPTION- Such term shall not include any portion of a project for the production of any property which is used in the refining or blending of any transportation fuel (other than renewable fuels).CommentsClose CommentsPermalink





‘(2) ELIGIBLE PROPERTY- The term ‘eligible property’ means any property which is part of a qualifying advanced energy project and is necessary for the --CommentsClose CommentsPermalink





‘(A) which is necessary for the production of property described in paragraph (1)(A)(i).‘(d) ,CommentsClose CommentsPermalink





‘(B) which is--CommentsClose CommentsPermalink





‘(i) tangible personal property, orCommentsClose CommentsPermalink





‘(ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified investment credit facility, andCommentsClose CommentsPermalink





‘(C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable.CommentsClose CommentsPermalink





‘(d) Qualifying Advanced Energy Project Program-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Secretary of Energy, shall establish a qualifying advanced energy project program to consider and award certifications for qualified investments eligible for credits under this section to qualifying advanced energy project sponsors.CommentsClose CommentsPermalink





‘(B) LIMITATION- The total amount of credits that may be allocated under the program shall not exceed $2,0300,000,000.CommentsClose CommentsPermalink





‘(2) CERTIFICATION-CommentsClose CommentsPermalink





‘(A) APPLICATION PERIOD- Each applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require during the 32-year period beginning on the date the Secretary establishes the program under paragraph (1).CommentsClose CommentsPermalink





‘(B) TIME TO MEET CRITERIA FOR CERTIFICATION- Each applicant for certification shall have 2 years1 year from the date of acceptance by the Secretary of the application during which to provide to the Secretary evidence that the requirements of the certification have been met.CommentsClose CommentsPermalink





‘(C) PERIOD OF ISSUANCE- An applicant which receives a certification shall have 53 years from the date of issuance of the certification in order to place the project in service and if such project is not placed in service by that time period, then the certification shall no longer be valid.CommentsClose CommentsPermalink





‘(3) SELECTION CRITERIA- In determining which qualifying advanced energy projects to certify under this section, the Secretary--CommentsClose CommentsPermalink





‘(A) shall take into consideration only those projects where there is a reasonable expectation of commercial viability, andCommentsClose CommentsPermalink





‘(B) shall take into consideration which projects--CommentsClose CommentsPermalink





‘(i) will provide the greatest domestic job creation (both direct and indirect) during the credit period,CommentsClose CommentsPermalink





‘(ii) will provide the greatest net impact in avoiding or reducing air pollutants or anthropogenic emissions of greenhouse gases,CommentsClose CommentsPermalink





‘(iii) have the greatest readiness for commercial employment, replication, and further commercial use in the United States,‘(iv) will provide the greatest benefit in terms of newness in thepotential for technological innovation and commercial market,‘(v) have the deployment,CommentsClose CommentsPermalink





‘(iv) have the lowest levelized cost of generated or stored energy, or of measured reduction in energy consumption or greenhouse gas emission (based on costs of the full supply chain), andCommentsClose CommentsPermalink





‘(vi) have the shortest project time from certification to completion.CommentsClose CommentsPermalink





‘(4) REVIEW AND REDISTRIBUTION-CommentsClose CommentsPermalink





‘(A) REVIEW- Not later than 64 years after the date of enactment of this section, the Secretary shall review the credits allocated under this section as of the date which is 6 years after the date of enactment of this section.‘(B)such date.CommentsClose CommentsPermalink





‘(B) REDISTRIBUTION- The Secretary may reallocate credits awarded under this section if the Secretary determines that--CommentsClose CommentsPermalink





‘(i) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, orCommentsClose CommentsPermalink





‘(ii) any certification made pursuant to paragraph (2) has been revoked pursuant to paragraph (2)(B) because the project subject to the certification has been delayed as a result of third party opposition or litigation to the proposed project.CommentsClose CommentsPermalink





‘(C) REALLOCATION- If the Secretary determines that credits under this section are available for reallocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to conduct an additional program for applications for certification.CommentsClose CommentsPermalink





‘(5) DISCLOSURE OF ALLOCATIONS- The Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant.CommentsClose CommentsPermalink





‘(e) Denial of Double Benefit- A credit shall not be allowed under this section for any qualified investment for which a credit is allowed under section 48, 48A, or 48B.’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 49(a)(1)(C) is amended by striking ‘and’ at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ‘, and’, and by adding after clause (iv) the following new clause:CommentsClose CommentsPermalink





‘(v) the basis of any property which is part of a qualifying advanced energy project under section 48C.’.CommentsClose CommentsPermalink





(2) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 48B the following new item:CommentsClose CommentsPermalink





‘48C. Qualifying advanced energy project credit.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).CommentsClose CommentsPermalink

Subtitle E--Economic Recovery ToolsCommentsClose CommentsPermalink

SEC. 1401. RECOVERY ZONE BONDS.

(a) In General- Subchapter Y of chapter 1 is amended by adding at the end the following new part:CommentsClose CommentsPermalink

‘PART III--RECOVERY ZONE BONDS

‘Sec. 1400U-1. Allocation of recovery zone bonds.CommentsClose CommentsPermalink





‘Sec. 1400U-2. Recovery zone economic development bonds.CommentsClose CommentsPermalink





‘Sec. 1400U-3. Recovery zone facility bonds.CommentsClose CommentsPermalink

‘SEC. 1400U-1. ALLOCATION OF RECOVERY ZONE BONDS.

‘(a) Allocations-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) GENERAL ALLOCATION- The Secretary shall allocate the national recovery zone economic development bond limitation and the national recovery zone facility bond limitation among the States--

‘(A) by allocating 1 percent of each such limitation to each State, and

‘(B) by allocating the remainder of each such limitation among the States in the proportion that each such State’s 2008 State employment decline bears to the aggregate of the 2008 State employment declines for all of the States.CommentsClose CommentsPermalink




‘(B) MINIMUM ALLOCATION- The Secretary shall adjust the allocations under subparagraph (A) for any calendar year for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the national recovery zone economic development bond limitation and 0.9 percent of the national recovery zone facility bond limitation.CommentsClose CommentsPermalink





‘(2) 2008 STATE EMPLOYMENT DECLINE- For purposes of this subsection, the term ‘2008 State employment decline’ means, with respect to any State, the excess (if any) of--CommentsClose CommentsPermalink





‘(A) the number of individuals employed in such State determined for December 2007, overCommentsClose CommentsPermalink





‘(B) the number of individuals employed in such State determined for December 2008.CommentsClose CommentsPermalink





‘(3) ALLOCATIONS BY STATES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each State with respect to which an allocation is made under paragraph (1) shall reallocate such allocation among the counties and large municipalities in such State in the proportion theo each such county’s or municipality’s 2008 employment decline bears to the aggregate of the 2008 employment declines for all the counties and municipalities in such State.‘(B) A county or municipality may waive any portion of an allocation made under this subparagraph.CommentsClose CommentsPermalink





‘(B) LARGE MUNICIPALITIES- For purposes of subparagraph (A), the term ‘large municipality’ means a municipality with a population of more than 100,000.CommentsClose CommentsPermalink





‘(C) DETERMINATION OF LOCAL EMPLOYMENT DECLINES- For purposes of this paragraph, the employment decline of any municipality or county shall be determined in the same manner as determining the State employment decline under paragraph (2), except that in the case of a municipality any portion of which is in a county, such portion shall be treated as part of such municipality and not part of such county.CommentsClose CommentsPermalink





‘(4) NATIONAL LIMITATIONS-CommentsClose CommentsPermalink





‘(A) RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS- There is a national recovery zone economic development bond limitation of $510,000,000,000.CommentsClose CommentsPermalink





‘(B) RECOVERY ZONE FACILITY BONDS- There is a national recovery zone facility bond limitation of $105,000,000,000.CommentsClose CommentsPermalink





‘(b) Recovery Zone- For purposes of this part, the term ‘recovery zone’ means--CommentsClose CommentsPermalink





‘(1) any area designated by the issuer as having significant poverty, unemployment, rate of home foreclosures, or general distress,CommentsClose CommentsPermalink





and‘(2 ‘(2) any area designated by the issuer as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990, and CommentsClose CommentsPermalink





‘(3) any area for which a designation as an empowerment zone or renewal community is in effect.CommentsClose CommentsPermalink

‘SEC. 1400U-2. RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS.

‘(a) In General- In the case of a recovery zone economic development bond--CommentsClose CommentsPermalink





‘(1) such bond shall be treated as a qualified bond for purposes of section 6431, andCommentsClose CommentsPermalink





‘(2) subsection (b) of such section shall be applied by substituting ‘405 percent’ for ‘35 percent’.CommentsClose CommentsPermalink





‘(b) Recovery Zone Economic Development Bond-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of this section, the term ‘recovery zone economic development bond’ means any build America bond (as defined in section 54AA(d)) issued before January 1, 2011, as part of issue if--CommentsClose CommentsPermalink





‘(A) 100 percent of the available project proceeds (as defined in section 54A) of such issue excess of--CommentsClose CommentsPermalink





‘(i) the available project proceeds (as defined in section 54A) of such issue, overCommentsClose CommentsPermalink





‘(ii) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue,CommentsClose CommentsPermalink





are to be used for one or more qualified economic development purposes, andCommentsClose CommentsPermalink





‘(B) the issuer designates such bond for purposes of this section.CommentsClose CommentsPermalink





‘(2) LIMITATION ON AMOUNT OF BONDS DESIGNATED- The maximum aggregate face amount of bonds which may be designated by any issuer under paragraph (1) shall not exceed the amount of the recovery zone economic development bond limitation allocated to such issuer under section 1400U-1.CommentsClose CommentsPermalink





‘(c) Qualified Economic Development Purpose- For purposes of this section, the term ‘qualified economic development purpose’ means expenditures for purposes of promoting development or other economic activity in a recovery zone, including--CommentsClose CommentsPermalink





‘(1) capital expenditures paid or incurred with respect to property located in such zone,CommentsClose CommentsPermalink





‘(2) expenditures for public infrastructure and construction of public facilities, andCommentsClose CommentsPermalink





‘(3) expenditures for job training and educational programs.CommentsClose CommentsPermalink

‘SEC. 1400U-3. RECOVERY ZONE FACILITY BONDS.

‘(a) In General- For purposes of part IV of subchapter B (relating to tax exemption requirements for State and local bonds), the term ‘exempt facility bond’ includes any recovery zone facility bond.CommentsClose CommentsPermalink





‘(b) Recovery Zone Facility Bond-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of this section, the term ‘recovery zone facility bond’ means any bond issued as part of an issue if--CommentsClose CommentsPermalink





‘(A) 95 percent or more of the net proceeds (as defined in section 150(a)(3)) of such issue are to be used for recovery zone property,CommentsClose CommentsPermalink





‘(B) such bond is issued before January 1, 2011, andCommentsClose CommentsPermalink





‘(C) the issuer designates such bond for purposes of this section.CommentsClose CommentsPermalink





‘(2) LIMITATION ON AMOUNT OF BONDS DESIGNATED- The maximum aggregate face amount of bonds which may be designated by any issuer under paragraph (1) shall not exceed the amount of recovery zone facility bond limitation allocated to such issuer under section 1400U-1.CommentsClose CommentsPermalink





‘(c) Recovery Zone Property- For purposes of this section--CommentsClose CommentsPermalink





‘(1) IN GENERAL- The term ‘recovery zone property’ means any property to which section 168 applies (or would apply but for section 179) if--CommentsClose CommentsPermalink





‘(A) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2))constructed, reconstructed, renovated, or acquired by purchase (as defined in section 179(d)(2)) by the taxpayer after the date on which the designation of the recovery zone took effect,CommentsClose CommentsPermalink





‘(B) the original use of which in the recovery zone commences with the taxpayer, andCommentsClose CommentsPermalink





‘(C) substantially all of the use of which is in the recovery zone and is in the active conduct of a qualified business by the taxpayer in such zone.CommentsClose CommentsPermalink





‘(2) QUALIFIED BUSINESS- The term ‘qualified business’ means any trade or business except that--CommentsClose CommentsPermalink





‘(A) the rental to others of real property located in a recovery zone shall be treated as a qualified business only if the property is not residential rental property (as defined in section 168(e)(2)), andCommentsClose CommentsPermalink





‘(B) such term shall not include any trade or business consisting of the operation of any facility described in section 144(c)(6)(B).CommentsClose CommentsPermalink





‘(3) SPECIAL RULES FOR SUBSTANTIAL RENOVATIONS AND SALE-LEASEBACK- Rules similar to the rules of subsections (a)(2) and (b) of section 1397D shall apply for purposes of this subsection.CommentsClose CommentsPermalink





‘(d) Nonapplication of Certain Rules- Sections 146 (relating to volume cap) and 147(d) (relating to acquisition of existing property not permitted) shall not apply to any recovery zone facility bond.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item:CommentsClose CommentsPermalink

‘Part III. Recovery Zone Bonds.’.

(c) Effective Date- The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1402. TRIBAL ECONOMIC DEVELOPMENT BONDS.

(a) In General- Section 7871 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(f) Tribal Economic Development Bonds-CommentsClose CommentsPermalink





‘(1) ALLOCATION OF LIMITATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall allocate the national tribal economic development bond limitation among the Indian tribal governments in such manner as the Secretary, in consultation with the Secretary of the Interior, determines appropriate.CommentsClose CommentsPermalink





‘(B) NATIONAL LIMITATION- There is a national tribal economic development bond limitation of $2,000,000,000.CommentsClose CommentsPermalink





‘(2) BONDS TREATED AS EXEMPT FROM TAX- In the case of a tribal economic development bond--CommentsClose CommentsPermalink





‘(A) notwithstanding subsection (c), such bond shall be treated for purposes of this title in the same manner as if such bond were issued by a State,CommentsClose CommentsPermalink





‘(B) the Indian tribal government issuing such bond and any instrumentality of such Indian tribal government shall be treated as a State for purposes of section 141, andCommentsClose CommentsPermalink





‘(C) section 146 shall not apply.CommentsClose CommentsPermalink





‘(3) TRIBAL ECONOMIC DEVELOPMENT BOND-CommentsClose CommentsPermalink





‘(A) IN GENERAL- For purposes of this section, the term ‘tribal economic development bond’ means any bond issued by an Indian tribal government--CommentsClose CommentsPermalink





‘(i) the interest on which would be exempt from tax under section 103 if issued by a State or local government, andCommentsClose CommentsPermalink





‘(ii) which is designated by the Indian tribal government as a tribal economic development bond for purposes of this subsection.CommentsClose CommentsPermalink





‘(B) EXCEPTIONS- The term tribal economic development bondSuch term shall not include any bond issued as part of an issue if any portion of the proceeds of such issue are used to finance--CommentsClose CommentsPermalink





‘(i) any portion of a building in which class II or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act) is conducted or housed or any other property actually used in the conduct of such gaming, orCommentsClose CommentsPermalink





‘(ii) any facility located outside the Indian reservation (as defined in section 168(j)(6)).CommentsClose CommentsPermalink





‘(C) LIMITATION ON AMOUNT OF BONDS DESIGNATED- The maximum aggregate face amount of bonds which may be designated by any Indian tribal government under subparagraph (A) shall not exceed the amount of national tribal economic development bond limitation allocated to such government under paragraph (1).’.CommentsClose CommentsPermalink





(b) Study- The Secretary of the Treasury, or the Secretary’s delegate, shall conduct a study of the effects of the amendment made by subsection (a). Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary’s delegate, shall report to Congress on the results of the study conducted under this paragraph, including the Secretary’s recommendations regarding such amendment.CommentsClose CommentsPermalink





(c) Effective Date- The amendment made by subsection (a) shall apply to obligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1403. MODIFICATIONS TOINCREASE IN NEW MARKETS TAX CREDIT.

(a) Increase in National Limitation-(1) IN GENERAL General- Section 45D(f)(1) is amended--CommentsClose CommentsPermalink





(A1) by striking ‘and’ at the end of subparagraph (C),CommentsClose CommentsPermalink





(B2) by striking ‘, 2007, 2008, and 2009.’ in subparagraph (D), and inserting ‘and 2007,’, andCommentsClose CommentsPermalink





(C3) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink





‘(E) $5,000,000,000 for 2008, andCommentsClose CommentsPermalink





‘(F) $5,000,000,000 for 2009.’.CommentsClose CommentsPermalink





(2) SPECIAL RULE FOR ALLOCATION OF INCREASED 2008 LIMITATIONb) Special Rule for Allocation of Increased 2008 Limitation- The amount of the increase in the new markets tax credit limitation for calendar year 2008 by reason of the amendments made by subsection (a) shall be allocated in accordance with section 45D(f)(2) of the Internal Revenue Code of 1986 to qualified community development entities (as defined in section 45D(c) of such Code) which--CommentsClose CommentsPermalink





(A1) submitted an allocation application with respect to calendar year 2008, andCommentsClose CommentsPermalink





(B)(i2)(A) did not receive an allocation for such calendar year, orCommentsClose CommentsPermalink





(iiB) received an allocation for such calendar year in an amount less than the amount requested in the allocation application.CommentsClose CommentsPermalink

Subsection (i) of section 42 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(9) COORDINATION WITH LOW-INCOME HOUSING GRANTS-CommentsClose CommentsPermalink





‘(A) REDUCTION IN STATE HOUSING CREDIT CEILING FOR LOW-INCOME HOUSING GRANTS RECEIVED IN 2009- For purposes of this section, the amounts described in clauses (i) through (iv) of subsection (h)(3)(C) with respect to any State for 2009 shall each be reduced by so much of such amount as is taken into account in determining the amount of any grant to such State under section 1602 of the American Recovery and Reinvestment Tax Act of 2009.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE FOR BASIS- Basis of a qualified low-income building shall not be reduced by the amount of any grant described in subparagraph (A).’.CommentsClose CommentsPermalink

Subtitle F--Infrastructure Financing ToolsCommentsClose CommentsPermalink

PART I--IMPROVED MARKETABILITY FOR TAX-EXEMPT BONDS

SEC. 1501. DE MINIMIS SAFE HARBOR EXCEPTION FOR TAX-EXEMPT INTEREST EXPENSE OF FINANCIAL INSTITUTIONS.

(a) In General- Subsection (b) of section 265 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(7) DE MINIMIS EXCEPTION FOR BONDS ISSUED DURING 2009 OR 2010-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In applying paragraph (2)(A), there shall not be taken into account tax-exempt obligations issued during 2009 or 2010.CommentsClose CommentsPermalink





‘(B) LIMITATION- The amount of tax-exempt obligations not taken into account by reason of subparagraph (A) shall not exceed 2 percent of the amount determined under paragraph (2)(B).CommentsClose CommentsPermalink





‘(C) REFUNDINGS- For purposes of this paragraph, a refunding bond (whether a current or advance refunding) shall be treated as issued on the date of the issuance of the refunded bond (or in the case of a series of refundings, the original bond).’.CommentsClose CommentsPermalink





(b) Treatment as Financial Institution Preference Item- Clause (iv) of section 291(e)(1)(B) is amended by adding at the end the following: ‘That portion of any obligation not taken into account under paragraph (2)(A) of section 265(b) by reason of paragraph (7) of such section shall be treated for purposes of this section as having been acquired on August 7, 1986.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to obligations issued after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1502. MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-EXEMPT INTEREST EXPENSE ALLOCATION RULES FOR FINANCIAL INSTITUTIONS.

(a) In General- Paragraph (3) of section 265(b) (relating to exception for certain tax-exempt obligations) is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(G) SPECIAL RULES FOR OBLIGATIONS ISSUED DURING 2009 AND 2010-CommentsClose CommentsPermalink





‘(i) INCREASE IN LIMITATION- In the case of obligations issued during 2009 or 2010, subparagraphs (C)(i), (D)(i), and (D)(iii)(II) shall each be applied by substituting ‘$30,000,000’ for ‘$10,000,000’.CommentsClose CommentsPermalink





‘(ii) QUALIFIED 501(C)(3) BONDS TREATED AS ISSUED BY EXEMPT ORGANIZATION- In the case of a qualified 501(c)(3) bond (as defined in section 145) issued during 2009 or 2010, this paragraph shall be applied by treating the 501(c)(3) organization for whose benefit such bond was issued as the issuer.CommentsClose CommentsPermalink





‘(iii) SPECIAL RULE FOR QUALIFIED FINANCINGS- In the case of a qualified financing issue issued during 2009 or 2010--CommentsClose CommentsPermalink





‘(I) subparagraph (F) shall not apply, andCommentsClose CommentsPermalink





‘(II) any obligation issued as a part of such issue shall be treated as a qualified tax-exempt obligation if the requirements of this paragraph are met with respect to each qualified portion of the issue (determined by treating each qualified portion as a separate issue which is issued by the qualified borrower with respect to which such portion relates).CommentsClose CommentsPermalink





‘(iv) QUALIFIED FINANCING ISSUE- For purposes of this subparagraph, the term ‘qualified financing issue’ means any composite, pooled, or other conduit financing issue the proceeds of which are used directly or indirectly to make or finance loans to 1 or more ultimate borrowers each of whom is a qualified borrower.CommentsClose CommentsPermalink





‘(v) QUALIFIED PORTION- For purposes of this subparagraph, the term ‘qualified portion’ means that portion of the proceeds which are used with respect to each qualified borrower under the issue.CommentsClose CommentsPermalink





‘(vi) QUALIFIED BORROWER- For purposes of this subparagraph, the term ‘qualified borrower’ means a borrower which is a State or political subdivision thereof or an organization described in section 501(c)(3) and exempt from taxation under section 501(a).’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to obligations issued after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1503. TEMPORARY MODIFICATION OF ALTERNATIVE MINIMUM TAX LIMITATIONS ON TAX-EXEMPT BONDS.

(a) Interest on Private Activity Bonds Issued During 2009 and 2010 Not Treated as Tax Preference Item- Subparagraph (C) of section 57(a)(5) is amended by adding at the end a new clause:CommentsClose CommentsPermalink





‘(vi) EXCEPTION FOR BONDS ISSUED IN 2009 AND 2010-CommentsClose CommentsPermalink





‘(I) IN GENERAL- For purposes of clause (i), the term ‘private activity bond’ shall not include any bond issued after December 31, 2008, and before January 1, 2011.CommentsClose CommentsPermalink





For purposes of the preceding sentence‘(II) TREATMENT OF REFUNDING BONDS- For purposes of subclause (I), a refunding bond (whether a current or advance refunding) shall be treated as issued on the date of the issuance of the refunded bond (or in the case of a series of refundings, the original bond).CommentsClose CommentsPermalink





‘(III) EXCEPTION FOR CERTAIN REFUNDING BONDS- Subclause (II) shall not apply to any refunding bond which is issued to refund any bond which was issued after December 31, 2003, and before January 1, 2009.’.CommentsClose CommentsPermalink





(b) No Adjustment to Adjusted Current Earnings for Interest on Tax-Exempt Bonds Issued During 2009 and 2010- Subparagraph (B) of section 56(g)(4) is amended by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(iv) TAX EXEMPT INTEREST ON BONDS ISSUED IN 2009 AND 2010-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Clause (i) shall not apply in the case of any interest on a bond issued after December 31, 2008, and before January 1, 2011.CommentsClose CommentsPermalink





For purposes of the preceding sentence‘(II) TREATMENT OF REFUNDING BONDS- For purposes of subclause (I), a refunding bond (whether a current or advance refunding) shall be treated as issued on the date of the issuance of the refunded bond (or in the case of a series of refundings, the original bond).CommentsClose CommentsPermalink





‘(III) EXCEPTION FOR CERTAIN REFUNDING BONDS- Subclause (II) shall not apply to any refunding bond which is issued to refund any bond which was issued after December 31, 2003, and before January 1, 2009.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to obligations issued after December 31, 2008.CommentsClose CommentsPermalink

SEC. 1504. MODIFICATION TO HIGH SPEED INTERCITY RAIL FACILITY BONDS.

(a) In General- Paragraph (1) of section 142(i) is amended by striking ‘operate at speeds in excess of’ and inserting ‘be capable of attaining a maximum speed in excess of’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to bondobligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink

PART II--DELAY IN APPLICATION OF WITHHOLDING TAX ON GOVERNMENT CONTRACTORS

SEC. 1511. DELAY IN APPLICATION OF WITHHOLDING TAX ON GOVERNMENT CONTRACTORS.

Subsection (b) of section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 is amended by striking ‘December 31, 2010’ and inserting ‘December 31, 2011’.CommentsClose CommentsPermalink

PART III--TAX CREDIT BONDS FOR SCHOOLS

SEC. 1521. QUALIFIED SCHOOL CONSTRUCTION BONDS.

(a) In General- Subpart I of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 54F. QUALIFIED SCHOOL CONSTRUCTION BONDS.

‘(a) Qualified School Construction Bond- For purposes of this subchapter, the term ‘qualified school construction bond’ means any bond issued as part of an issue if--CommentsClose CommentsPermalink





‘(1) 100 percent of the available project proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land on which such a facility is to be constructed with part of the proceeds of such issue,CommentsClose CommentsPermalink





‘(2) the bond is issued by a State or local government within the jurisdiction of which such school is located, andCommentsClose CommentsPermalink





‘(3) the issuer designates such bond for purposes of this section.CommentsClose CommentsPermalink





‘(b) Limitation on Amount of Bonds Designated- The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under subsection (d) for such calendar year to such issuer.CommentsClose CommentsPermalink





‘(c) National Limitation on Amount of Bonds Designated- There is a national qualified school construction bond limitation for each calendar year. Such limitation is--CommentsClose CommentsPermalink





‘(1) $511,000,000,000 for 2009,CommentsClose CommentsPermalink





‘(2) $5,000,000,000 for 2010, and‘(3) except as provided in subsection 11,000,000,000 for 2010, andCommentsClose CommentsPermalink





‘(3) except as provided in subsection (e), zero after 2010.CommentsClose CommentsPermalink





‘(d) Limitation Allocated Among States-‘(1) IN GENERAL- TAllocation of Limitation-CommentsClose CommentsPermalink





‘(1) ALLOCATION AMONG STATES- Except as provided in paragraph (2)(C), the limitation applicable under subsection (c) for any calendar year shall be allocated by the Secretary among the States in proportion to the respective numbers of children in each State who have attained age 5 but not age 18amounts each such State is eligible to receive under section 1124 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333) for the most recent fiscal year ending before such calendar year. The limitation amount allocated to a State under the preceding sentence shall be allocated by the State to issuers within such State.CommentsClose CommentsPermalink





‘(2) MINIMUM ALLOCATIONS TO STATES-‘(A) IN GENERAL- The Secretary shall adjust the allocations under this subsection for any calendar year for each State to the extent necessary to ensure that the amount allocated to such State under this subsection for such year is not less than an amount equal to such State’s adjusted minimum percentage of the amount to be allocated under paragraph (1) for the calendar40 PERCENT OF LIMITATION ALLOCATED AMONG LARGEST SCHOOL DISTRICTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- 40 percent of the limitation applicable under subsection (c) for any calendar year shall be allocated under subparagraph (B) by the Secretary among local educational agencies which are large local educational agencies for such year.CommentsClose CommentsPermalink





‘(B) MINIMUM PERCENTAGE- A State’s minimum percentage for any calendar year is equal to the product of--

‘(i) the quotient of--

‘(I) the amount the State is eligible to receive under section 1124(d)ALLOCATION FORMULA- The amount to be allocated under subparagraph (A) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received under section 1124 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(d)) for the most recent fiscal year ending before such calendar year, divided by‘(II) the amount all States are eligible to receive under section 1124 of such Act (20 U.S.C. 6333) for such fiscal year, multiplied by‘(ii) 100the most recent fiscal year ending before such calendar year.CommentsClose CommentsPermalink




‘(C) REDUCTION IN STATE ALLOCATION- The allocation to any State under paragraph (1) shall be reduced by the aggregate amount of the allocations under this paragraph to large local educational agencies within such State.CommentsClose CommentsPermalink





‘(D) ALLOCATION OF UNUSED LIMITATION TO STATE- The amount allocated under this paragraph to a large local educational agency for any calendar year may be reallocated by such agency to the State in which such agency is located for such calendar year. Any amount reallocated to a State under the preceding sentence may be allocated as provided in paragraph (1).CommentsClose CommentsPermalink





‘(E) LARGE LOCAL EDUCATIONAL AGENCY- For purposes of this paragraph, the term ‘large local educational agency’ means, with respect to a calendar year, any local educational agency if such agency is--CommentsClose CommentsPermalink





‘(i) among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary, orCommentsClose CommentsPermalink





‘(ii) 1 of not more than 25 local educational agencies (other than those described in clause (i)) that the Secretary of Education determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate.CommentsClose CommentsPermalink





‘(3) ALLOCATIONS TO CERTAIN POSSESSIONS- The amount to be allocated under paragraph (1) to any possession of the United States other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States.CommentsClose CommentsPermalink





‘(4) ALLOCATIONS FOR INDIAN SCHOOLS- In addition to the amounts otherwise allocated under this subsection, $200,000,000 for calendar year 2009, and $200,000,000 for calendar year 2010, shall be allocated by the Secretary of the Interior for purposes of the construction, rehabilitation, and repair of schools funded by the Bureau of Indian Affairs. In the case of amounts allocated under the preceding sentence, Indian tribal governments (as defined in section 7701(a)(40)) shall be treated as qualified issuers for purposes of this subchapter.CommentsClose CommentsPermalink





‘(e) Carryover of Unused Limitation- If for any calendar year--CommentsClose CommentsPermalink





‘(1) the amount allocated under subsection (d) to any State, exceedsCommentsClose CommentsPermalink





‘(2) the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation,CommentsClose CommentsPermalink





the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under subsection (d)(4).’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Paragraph (1) of section 54A(d) is amended by striking ‘or’ at the end of subparagraph (C), by inserting ‘or’ at the end of subparagraph (D), and by inserting after subparagraph (D) the following new subparagraph:CommentsClose CommentsPermalink





‘(E) a qualified school construction bond,’.CommentsClose CommentsPermalink





(2) Subparagraph (C) of section 54A(d)(2) is amended by striking ‘and’ at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ‘, and’, and by adding at the end the following new clause:CommentsClose CommentsPermalink





‘(v) in the case of a qualified school construction bond, a purpose specified in section 54F(a)(1).’.CommentsClose CommentsPermalink





(3) The table of sections for subpart I of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 54F. Qualified school construction bonds.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 1522. EXTENSION AND EXPANSION OF QUALIFIED ZONE ACADEMY BONDS.

(a) In General- Section 54E(c)(1) is amended by striking ‘and 2009’ and inserting ‘and 2009’ and inserting ‘and $1,400,000,000 for 2009 and 2010’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by this section shall apply to obligations issued after December 31, 2008.CommentsClose CommentsPermalink

PART IV--BUILD AMERICA BONDS

SEC. 1531. BUILD AMERICA BONDS.

(a) In General- Part IV of subchapter A of chapter 1 is amended by adding at the end the following new subpart:CommentsClose CommentsPermalink

‘Subpart J--Build America Bonds

‘Sec. 54AA. Build America bonds.CommentsClose CommentsPermalink

‘SEC. 54AA. BUILD AMERICA BONDS.

‘(a) In General- If a taxpayer holds a build America bond on one or more interest payment dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates.CommentsClose CommentsPermalink





‘(b) Amount of Credit- The amount of the credit determined under this subsection with respect to any interest payment date for a build America bond is 35 percent of the amount of interest payable by the issuer with respect to such date(40 percent in the case of an issuer described in section 148(f)(4)(D) (determined without regard to clauses (v), (vi), and (vii) thereof and by substituting ‘$30,000,000’ for ‘$5,000,000’ each place it appears therein).‘(c) .CommentsClose CommentsPermalink





‘(c) Limitation Based on Amount of Tax-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The credit allowed under subsection (a) for any taxable year shall not exceed the excess of--CommentsClose CommentsPermalink





‘(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, overCommentsClose CommentsPermalink





‘(B) the sum of the credits allowable under this part (other than subpart C and this subpart).CommentsClose CommentsPermalink





‘(2) CARRYOVER OF UNUSED CREDIT- If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year).CommentsClose CommentsPermalink





‘(d) Build America Bond-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of this section, the term ‘build America bond’ means any obligation (other than a private activity bond) if--CommentsClose CommentsPermalink





‘(A) the interest on such obligation would (but for this section) be excludable from gross income under section 103,CommentsClose CommentsPermalink





‘(B) such obligation is issued before January 1, 2011, andCommentsClose CommentsPermalink





‘(C) the issuer makes an irrevocable election to have this section apply.CommentsClose CommentsPermalink





‘(2) APPLICABLE RULES- For purposes of applying paragraph (1)--CommentsClose CommentsPermalink





‘(A) for purposes of section 149(b), a build America bond shall not be treated as federally guaranteed by reason of the credit allowed under subsection (a) or section 6431,CommentsClose CommentsPermalink





‘(B) for purposes of section 148, the yield on a build America bond shall be determined without regard to the credit allowed under subsection (a), andCommentsClose CommentsPermalink





‘(C) a bond shall not be treated as a build America bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond.CommentsClose CommentsPermalink





‘(e) Interest Payment Date- For purposes of this section, the term ‘interest payment date’ means any date on which the holder of record of the build America bond is entitled to a payment of interest under such bond.CommentsClose CommentsPermalink





‘(f) Special Rules-CommentsClose CommentsPermalink





‘(1) INTEREST ON BUILD AMERICA BONDS INCLUDIBLE IN GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES- For purposes of this title, interest on any build America bond shall be includible in gross income.CommentsClose CommentsPermalink





‘(2) APPLICATION OF CERTAIN RULES- Rules similar to the rules of subsections (f), (g), (h), and (i) of section 54A shall apply for purposes of the credit allowed under subsection (a).CommentsClose CommentsPermalink





‘(g) Special Rule for Qualified Bonds Issued Before 2011- In the case of a qualified bond issued before January 1, 2011--CommentsClose CommentsPermalink





‘(1) ISSUER ALLOWED REFUNDABLE CREDIT- In lieu of any credit allowed under this section with respect to such bond, the issuer of such bond shall be allowed a credit as provided in section 6431.CommentsClose CommentsPermalink





‘(2) QUALIFIED BOND- For purposes of this subsection, the term ‘qualified bond’ means any build America bond issued as part of an issue if--CommentsClose CommentsPermalink





‘(A) 100 percent of the available project proceeds (as defined in section 54A) of such issue excess of--CommentsClose CommentsPermalink





‘(i) the available project proceeds (as defined in section 54A) of such issue, overCommentsClose CommentsPermalink





‘(ii) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue,CommentsClose CommentsPermalink





are to be used for capital expenditures, andCommentsClose CommentsPermalink





‘(B) the issuer makes an irrevocable election to have this subsection apply.CommentsClose CommentsPermalink





‘(h) Regulations- The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section and section 6431.’.CommentsClose CommentsPermalink





(b) Credit for Qualified Bonds Issued Before 2011- Subchapter B of chapter 65 is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 6431. CREDIT FOR QUALIFIED BONDS ALLOWED TO ISSUER.

‘(a) In General- In the case of a qualified bond issued before January 1, 2011, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b).CommentsClose CommentsPermalink





‘(b) Payment of Credit- The Secretary shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) 35 percent of the interest payable under such bond on such date (40 percent in the case of an issuer described in section 148(f)(4)(D) (determined without regard to clauses (v), (vi), and (vii) thereof and by substituting ‘$30,000,000’ for ‘$5,000,000’ each place it appears therein).CommentsClose CommentsPermalink





‘(c) Application of Arbitrage Rules- For purposes of section 148, the yield on a qualified bond shall be reduced by the credit allowed under this section.CommentsClose CommentsPermalink





‘(d) Interest Payment Date- For purposes of this subsection, the term ‘interest payment date’ means each date on which interest is payable by the issuer under the terms of the bond.CommentsClose CommentsPermalink





‘(e) Qualified Bond- For purposes of this subsection, the term ‘qualified bond’ has the meaning given such term in section 54AA(g).’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ‘or 6428’ and inserting ‘6428, or 6431,’.CommentsClose CommentsPermalink





(2) Section 54A(c)(1)(B) is amended by striking ‘subpart C’ and inserting ‘subparts C and J’.CommentsClose CommentsPermalink





(3) Sections 54(c)(2), 1397E(c)(2), and 1400N(l)(3)(B) are each amended by striking ‘and I’ and inserting ‘, I, and J’.CommentsClose CommentsPermalink





(4) Section 6211(b)(4)(A) is amended by striking ‘and 6428’ and inserting ‘6428, and 6431’.CommentsClose CommentsPermalink





(5) Section 6401(b)(1) is amended by striking ‘and I’ and inserting ‘I, and J’.CommentsClose CommentsPermalink





(56) The table of subparts for part IV of subchapter A of chapter 1 is amended by adding at the end the following new item:CommentsClose CommentsPermalink

‘subpart j. build america bonds.’.

(6) The table of section for subchapter B of chapter 65 is amended by adding at the end the following new7) The table of section for subchapter B of chapter 65 is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Sec. 6431. Credit for qualified bonds allowed to issuer.’.CommentsClose CommentsPermalink





(d) Transitional Coordination With State Law- Except as otherwise provided by a State after the date of the enactment of this Act, the interest on any build America bond (as defined in section 54AA of the Internal Revenue Code of 1986, as added by this section) and the amount of any credit determined under such section with respect to such bond shall be treated for purposes of the income tax laws of such State as being exempt from Federal income tax.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.CommentsClose CommentsPermalink

Subtitle G--Economic Recovery Payments to Certain Individuals

SEC. 1601. ECONOMIC RECOVERY PAYMENT TO RECIPIENTS OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION OR PENSION BENEFITS.

(a) Authority to Make Payments-

(1) ELIGIBILITY-

(A) IN GENERAL- Subject to paragraph (5)(B), the Secretary of the Treasury shall make a $300 payment to each individual who, for any month during the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act, is entitled to a benefit payment described in clause (i), (ii), or (iii) of subparagraph (B) or is eligible for a SSI cash benefit described in subparagraph (C).

(B) BENEFIT PAYMENT DESCRIBED- For purposes of subparagraph (A):

(i) TITLE II BENEFIT- A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under--

(I) section 202(a) of such Act (42 U.S.C. 402(a));

(II) section 202(b) of such Act (42 U.S.C. 402(b));

(III) section 202(c) of such Act (42 U.S.C. 402(c));

(IV) section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii));

(V) section 202(e) of such Act (42 U.S.C. 402(e));

(VI) section 202(f) of such Act (42 U.S.C. 402(f));

(VII) section 202(g) of such Act (42 U.S.C. 402(g));

(VIII) section 202(h) of such Act (42 U.S.C. 402(h));

(IX) section 223(a) of such Act (42 U.S.C. 423(a));

(X) section 227 of such Act (42 U.S.C. 427); or

(XI) section 228 of such Act (42 U.S.C. 428).

(ii) RAILROAD RETIREMENT BENEFIT- A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii)) under--

(I) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1));

(II) section 2(c) of such Act (45 U.S.C. 231a(c));

(III) section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i));

(IV) section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii));

(V) section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C));

(VI) section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv));

(VII) section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or

(VIII) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph.

(iii) VETERANS BENEFIT- A benefit payment described in this clause is a compensation or pension payment payable under--

(I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code;

(II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code;

(III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or

(IV) section 1805, 1815, or 1821 of title 38, United States Code,

to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) PART V--REGULATED INVESTMENT COMPANIES ALLOWED TO PASS-THRU TAX CREDIT BOND CREDITS

‘SEC. 853A. CREDITS FROM TAX CREDIT BONDS ALLOWED TO SHAREHOLDERS.

‘(a) General Rule- A regulated investment company--CommentsClose CommentsPermalink





‘(1) which holds (directly or indirectly) one or more tax credit bonds on one or more applicable dates during the taxable year, andCommentsClose CommentsPermalink





‘(2) which meets the requirements of section 101, title 38, United States Code, who received that benefit during any month within the 3 month period ending with the month which ends prior to the month that includes the date of the enactment of this Act.

(C) SSI CASH BENEFIT DESCRIBED- A SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h).

(2) REQUIREMENT- A payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands. For purposes of the preceding sentence, the determination of the individual’s residence shall be based on the current address of record under a program specified in paragraph (1).

(3) NO DOUBLE PAYMENTS- An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1).

(4) LIMITATION- A payment under this section shall not be made--

(A) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if, for the most recent month of such individual’s entitlement in the 3-month period described in paragraph (1), such individual’s benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a-8a);

(B) in the case of an individual entitled to a benefit specified in paragraph (1)(B)(iii) if, for the most recent month of such individual’s entitlement in the 3 month period described in paragraph (1), such individual’s benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code;

(C) in the case of an individual entitled to a benefit specified in paragraph (1)(C) if, for such most recent month, such individual’s benefit under such paragraph was not payable by reason852(a) for the taxable year,CommentsClose CommentsPermalink




may elect the application of this section with respect to credits allowable to the investment company during such taxable year with respect to such bonds.CommentsClose CommentsPermalink





‘(b) Effect of Election- If the election provided in subsection (a) is in effect for any taxable year--CommentsClose CommentsPermalink





‘(1) the regulated investment company shall not be allowed any credits to which subsection (a) applies for such taxable year,CommentsClose CommentsPermalink





‘(2) the regulated investment company shall--CommentsClose CommentsPermalink





‘(A) include in gross income (as interest) for such taxable year an amount equal to the amount that such investment company would have included in gross income with respect to such credits if this section did not apply, andCommentsClose CommentsPermalink





‘(B) increase the amount of the dividends paid deduction for such taxable year by the amount of such income, andCommentsClose CommentsPermalink





‘(3) each shareholder of such investment company shall--CommentsClose CommentsPermalink





‘(A) include in gross income an amount equal to such shareholder’s proportionate share of the interest income attributable to such credits, andCommentsClose CommentsPermalink





‘(B) be allowed the shareholder’s proportionate share of such credits against the tax imposed by this chapter.CommentsClose CommentsPermalink





‘(c) Notice to Shareholders- For purposes of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a-8a); or

(D) in the case of any individual whose date of death occurs before the date on which the individual is certified under subsection (b) to receive a payment under this section.

(5) TIMING AND MANNER OF PAYMENTS-

(A) IN GENERAL- The Secretary of the Treasury shall commence making payments under this section at the earliest practicable date but in no event later than 120 days after the date of enactment of this Act. The Secretary of the Treasury may make any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable programb)(3), the shareholder’s proportionate share of--CommentsClose CommentsPermalink




‘(1) credits described in subsection (a), andCommentsClose CommentsPermalink





‘(2) gross income in respect of such credits,CommentsClose CommentsPermalink





shall not exceed the amounts so designated by the regulated investment company in a written notice mailed to its shareholders not later than 60 days after the close of its taxable year.CommentsClose CommentsPermalink





‘(d) Manner of Making Election and Notifying Shareholders- The election provided in subsection (a) and the notice to shareholders required by subsection (c) shall be made in such manner as the Secretary may prescribe.CommentsClose CommentsPermalink





‘(e) Definitions and Special Rules-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- For purposes of this subsection--CommentsClose CommentsPermalink





‘(A) TAX CREDIT BOND- The term ‘tax credit bond’ means--CommentsClose CommentsPermalink





‘(i) a qualified tax credit bond (as defined in section 54A(d)),CommentsClose CommentsPermalink





‘(ii) a build America bond (as defined in section 54AA(d)), andCommentsClose CommentsPermalink





‘(iii) any bond for which a credit is allowable under subpart H of part IV of subchapter A of this chapter.CommentsClose CommentsPermalink





‘(B) APPLICABLE DATE- The term ‘applicable date’ means--CommentsClose CommentsPermalink





‘(i) in the case of a qualified tax credit bond or a bond described in subparagraph (B) or (C) of paragraph (1).(B) DEADLINE- No payments shall be made under this section after December 31, 2010, regardless of any determinations of entitlement to, or eligibility for, such payments made after such dateA)(iii), any credit allowance date (as defined in section 54A(e)(1)), andCommentsClose CommentsPermalink





‘(ii) in the case of a build America bond (as defined in section 54AA(d)), any interest payment date (as defined in section 54AA(e)).CommentsClose CommentsPermalink





‘(2) STRIPPED TAX CREDIT BONDS- If the ownership of a tax credit bond is separated from the credit with respect to such bond, subsection (a) shall be applied by reference to the instruments evidencing the entitlement to the credit rather than the tax credit bond.CommentsClose CommentsPermalink





‘(f) Regulations, etc- The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including methods for determining a shareholder’s proportionate share of credits.’.CommentsClose CommentsPermalink





(b) Identification of Recipients- The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individualConforming Amendments-CommentsClose CommentsPermalink





(1) Section 54(l) is amended by striking paragraph (4) and by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.CommentsClose CommentsPermalink





(2) Section 54A(h) is amended to read as follows:CommentsClose CommentsPermalink





‘(h) Bonds Held by Real Estate Investment Trusts- If any qualified tax credit bond is held by a real estate investment trust, the credit determined under subsection (a) shall be allowed to beneficiaries of such trust (and any gross income included under subsection (f) with respect to such credit shall be unaffected by any subsequent determination or redetermination of the individual’s entitlement to, or eligibility for, a benefit specified in subparagraph (B) or (C) of subsection (a)(1)distributed to such beneficiaries) under procedures prescribed by the Secretary.’.CommentsClose CommentsPermalink





(3) The table of sections for part I of subchapter M of chapter 1 is amended by inserting after the item relating to section 853 the following new item:CommentsClose CommentsPermalink





‘Sec. 853A. Credits from tax credit bonds allowed to shareholders.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.CommentsClose CommentsPermalink

(a) In General- The Secretary of the Treasury shall make a grant to the housing credit agency of each State in an amount equal to such State’s low-income housing grant election amount.CommentsClose CommentsPermalink





(b) Low-Income Housing Grant Election Amount- For purposes of this section, the term ‘low-income housing grant election amount’ means, with respect to any State, such amount as the State may elect which does not exceed 85 percent of the product of--CommentsClose CommentsPermalink





(1) the sum of--CommentsClose CommentsPermalink





(A) 100 percent of the State housing credit ceiling for 2009 which is attributable to amounts described in clauses (i) and (iii) of section 42(h)(3)(C) of the Internal Revenue Code of 1986, andCommentsClose CommentsPermalink





(B) 40 percent of the State housing credit ceiling for 2009 which is attributable to amounts described in clauses (ii) and (iv) of such section, multiplied byCommentsClose CommentsPermalink





(2) 10.CommentsClose CommentsPermalink





(c) Treatment of Payments-

(1) PAYMENT TO BE DISREGARDED FOR PURPOSES OF ALL FEDERAL AND FEDERALLY ASSISTED PROGRAMS- A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient’s spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.

(2) PAYMENT NOT CONSIDERED INCOME FOR PURPOSES OF TAXATION- A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986.

(3) PAYMENTS PROTECTED FROM ASSIGNMENT- The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of subsection (a)(1).

(4) PAYMENTS SUBJECT TO OFFSET- Notwithstanding paragraph (3), for purposes ofsection 3716 of title 31, United States Code, any payment made under this section shall not be considered a benefit paymentSubawards for Low-Income Buildings-CommentsClose CommentsPermalink




(1) IN GENERAL- A State housing credit agency receiving a grant under this section shall use such grant to make subawards to finance the construction or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1) and all amounts paid shall be subject to offset to collect delinquent debtsacquisition and rehabilitation of qualified low-income buildings. A subaward under this section may be made to finance a qualified low-income building with or without an allocation under section 42 of the Internal Revenue Code of 1986, except that a State housing credit agency may make subawards to finance qualified low-income buildings without an allocation only if it makes a determination that such use will increase the total funds available to the State to build and rehabilitate affordable housing. In complying with such determination requirement, a State housing credit agency shall establish a process in which applicants that are allocated credits are required to demonstrate good faith efforts to obtain investment commitments for such credits before the agency makes such subawards.CommentsClose CommentsPermalink





(2) SUBAWARDS SUBJECT TO SAME REQUIREMENTS AS LOW-INCOME HOUSING CREDIT ALLOCATIONS- Any such subaward with respect to any qualified low-income building shall be made in the same manner and shall be subject to the same limitations (including rent, income, and use restrictions on such building) as an allocation of housing credit dollar amount allocated by such State housing credit agency under section 42 of the Internal Revenue Code of 1986, except that such subawards shall not be limited by, or otherwise affect (except as provided in subsection (h)(3)(J) of such section), the State housing credit ceiling applicable to such agency.CommentsClose CommentsPermalink





(3) COMPLIANCE AND ASSET MANAGEMENT- The State housing credit agency shall perform asset management functions to ensure compliance with section 42 of the Internal Revenue Code of 1986 and the long-term viability of buildings funded by any subaward under this section. The State housing credit agency may collect reasonable fees from a subaward recipient to cover expenses associated with the performance of its duties under this paragraph. The State housing credit agency may retain an agent or other private contractor to satisfy the requirements of this paragraph.CommentsClose CommentsPermalink





(4) RECAPTURE- The State housing credit agency shall impose conditions or restrictions, including a requirement providing for recapture, on any subaward under this section so as to assure that the building with respect to which such subaward is made remains a qualified low-income building during the compliance period. Any such recapture shall be payable to the Secretary of the Treasury for deposit in the general fund of the Treasury and may be enforced by means of liens or such other methods as the Secretary of the Treasury determines appropriate.CommentsClose CommentsPermalink





(d) Payment to Representative Payees and Fiduciaries-(1) IN GENERAL- In any case in which an individual whoReturn of Unused Grant Funds- Any grant funds not used to make subawards under this section before January 1, 2011, shall be returned to the Secretary of the Treasury on such date. Any subawards returned to the State housing credit agency on or after such date shall be promptly returned to the Secretary of the Treasury. Any amounts returned to the Secretary of the Treasury under this subsection shall be deposited in the general fund of the Treasury.CommentsClose CommentsPermalink





(e) Definitions- Any term used in this section which is also used in section 42 of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this section as when used in such section 42. Any reference in this section to the Secretary of the Treasury shall be treated as including the Secretary’s delegate.CommentsClose CommentsPermalink





(f) Appropriations- There is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the paymehereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

(a) In General- Upon application, the Secretary of the Treasury shall, subject to the requirements of this section, provide a grant to each person who places in service specified energy property to reimburse such person for a portion of the expense of such property as provided in subsection (b). No grant shall be made under this section with respect to any property unless such property--CommentsClose CommentsPermalink





(1) is placed in service during 2009 or 2010, orCommentsClose CommentsPermalink





(2) is placed in service after 2010 and before the credit termination date with respect to such property, but only if the construction of such property began during 2009 or 2010.CommentsClose CommentsPermalink





(b) Grant Amount-CommentsClose CommentsPermalink





(1) IN GENERAL- The amount of the grant under subsection (a) with respect to any specified energy property shall be the applicable percentage of the basis of such property.CommentsClose CommentsPermalink





(2) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the term ‘applicable percentage’ means--CommentsClose CommentsPermalink





(A) 30 percent in the case of any property described in paragraphs (1) through (4) of subsection (d), andCommentsClose CommentsPermalink





(B) 10 percent in the case of any other property.CommentsClose CommentsPermalink





(3) DOLLAR LIMITATIONS- In the case of property described in paragraph (2), (6), or (7) of subsection (d), the amount of any grant under this section with respect to such property shall not exceed the limitation described in section 48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B) of the Internal Revenue Code of 1986, respectively, with respect to such property.CommentsClose CommentsPermalink





(c) Time for Payment of Grant- The Secretary of the Treasury shall make payment of any grant under subsection (a) shall be made to the individual’s representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment.

(2) APPLICABILITY-

(A) PAYMENT ON THE BASIS OF A TITLE II OR SSI BENEFIT- Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as suchduring the 60-day period beginning on the later of--CommentsClose CommentsPermalink




(1) the date of the application for such grant, orCommentsClose CommentsPermalink





(2) the date the specified energy property for which the grant is being made is placed in service.CommentsClose CommentsPermalink





(d) Specified Energy Property- For purposes of this section, the term ‘specified energy property’ means any of the following:CommentsClose CommentsPermalink





(1) QUALIFIED FACILITIES- Any qualified property (as defined in section applies to a payment under title II or XVI of such Act.

(B) PAYMENT ON THE BASIS OF A RAILROAD RETIREMENT BENEFIT- Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act.

(C) PAYMENT ON THE BASIS OF A VETERANS BENEFIT- Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title.

(e) Appropriation- Out of any sums in the Treasury of the United States not otherwise appropriated, the following sums are appropriated for the period of fiscal years 2009 and 2010 to carry out this section:

(1) For the Secretary of the Treasury--

(A) such sums as may be necessary to make payments under this section; and

(B) $57,000,000 for administrative costs incurred in carrying out this section and section 36A of the Internal Revenue Code of 1986 (as added by this Act).

(2) For the Commissioner of Social Security, $90,000,000 for the Social Security Administration’s Limitation on Administrative Expenses for costs incurred in carrying out this section.

(3) For the Railroad Retirement Board, $1,000,000 for administrative costs incurred in carrying out this section.

(4) For the Secretary of Veterans Affairs, $100,000 for the Information Systems Technology account48(a)(5)(D) of the Internal Revenue Code of 1986) which is part of a qualified facility (within the meaning of section 45 of such Code) described in paragraph (1), (2), (3), (4), (6), (7), (9), or (11) of section 45(d) of such Code.CommentsClose CommentsPermalink




(2) QUALIFIED FUEL CELL PROPERTY- Any qualified fuel cell property (as defined in section 48(c)(1) of such Code).CommentsClose CommentsPermalink





(3) SOLAR PROPERTY- Any property described in clause (i) or (ii) of section 48(a)(3)(A) of such Code.CommentsClose CommentsPermalink





(4) QUALIFIED SMALL WIND ENERGY PROPERTY- Any qualified small wind energy property (as defined in section 48(c)(4) of such Code).CommentsClose CommentsPermalink





(5) GEOTHERMAL PROPERTY- Any property described in clause (iii) of section 48(a)(3)(A) of such Code.CommentsClose CommentsPermalink





(6) QUALIFIED MICROTURBINE PROPERTY- Any qualified microturbine property (as defined in section 48(c)(2) of such Code).CommentsClose CommentsPermalink





(7) COMBINED HEAT AND POWER SYSTEM PROPERTY- Any combined heat and power system property (as defined in section 48(c)(3) of such Code).CommentsClose CommentsPermalink





(8) GEOTHERMAL HEAT PUMP PROPERTY- Any property described in clause (vii) of section 48(a)(3)(A) of such Code.CommentsClose CommentsPermalink





Such term shall not include any property unless depreciation (or amortization in lieu of depreciation) is allowable with respect to such property.CommentsClose CommentsPermalink





(e) Credit Termination Date- For purposes of this section, the term ‘credit termination date’ means--CommentsClose CommentsPermalink





(1) in the case of any specified energy property which is part of a facility described in paragraph (1) of section 45(d) of the Internal Revenue Code of 1986, January 1, 2013,CommentsClose CommentsPermalink





(2) in the case of any specified energy property which is part of a facility described in paragraph (2), (3), (4), (6), (7), (9), or (11) of section 45(d) of such Code, January 1, 2014, andCommentsClose CommentsPermalink





(3) in the case of any specified energy property described in section 48 of such Code, January 1, 2017.CommentsClose CommentsPermalink





In the case of any property which is described in paragraph (3) and $7,100,000 for the General Operating Expenses account for administrative costs incurred in carrying out this sectionalso in another paragraph of this subsection, paragraph (3) shall apply with respect to such property.CommentsClose CommentsPermalink





(f) Application of Certain Rules- In making grants under this section, the Secretary of the Treasury shall apply rules similar to the rules of section 50 of the Internal Revenue Code of 1986. In applying such rules, if the property is disposed of, or otherwise ceases to be specified energy property, the Secretary of the Treasury shall provide for the recapture of the appropriate percentage of the grant amount in such manner as the Secretary of the Treasury determines appropriate.CommentsClose CommentsPermalink





(g) Exception for Certain Non-Taxpayers- The Secretary of the Treasury shall not make any grant under this section to--CommentsClose CommentsPermalink





(1) any Federal, State, or local government (or any political subdivision, agency, or instrumentality thereof),CommentsClose CommentsPermalink





(2) any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,CommentsClose CommentsPermalink





(3) any entity referred to in paragraph (4) of section 54(j) of such Code, orCommentsClose CommentsPermalink





(4) any partnership or other pass-thru entity any partner (or other holder of an equity or profits interest) of which is described in paragraph (1), (2) or (3).CommentsClose CommentsPermalink





(h) Definitions- Terms used in this section which are also used in section 45 or 48 of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this section as when used in such section 45 or 48. Any reference in this section to the Secretary of the Treasury shall be treated as including the Secretary’s delegate.CommentsClose CommentsPermalink





(i) Appropriations- There is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink





(j) Termination- The Secretary of the Treasury shall not make any grant to any person under this section unless the application of such person for such grant is received before October 1, 2011.CommentsClose CommentsPermalink

Subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting ‘$12,104,000,000,000’.CommentsClose CommentsPermalink

Subtitle H--Trade Adjustment AssistanceSEC. 1701. TEMPORARY EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.

(a) Assistance for Workers-

(1) IN GENERAL- Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ‘December 31, 2007’ and inserting ‘December 31, 2010’.

(2) ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE- Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking ‘5 years’ and inserting ‘7 years’.

(b) Assistance for Firms- Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ‘2007, and $4,000,000 for the 3-month period beginning on October 1, 2007,’ and inserting ‘December 31, 2010’.

(c) Assistance for Farmers- Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking ‘through 2007’ and all that follows through the end period and inserting ‘through December 31, 2010 to carry out the purposes of this chapter.’.

(d) Extension of Termination Dates- Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking ‘December 31, 2007’ each place it appears and inserting ‘December 31, 2010’.

(e) Sense of the Senate Regarding Adjustment Assistance for Communities- It is the sense of the Senate that title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) should be amended to assist any community impacted by trade with economic adjustment through--

(1) the coordination of efforts by State and local governments and economic organizations;

(2) the coordination of Federal, State, and local resources;

(3) the creation of community-based development strategies; and

(4) the development and provision of training programs.

(f) Effective Date- The amendments made by this section shall be effective as of January 1, 2008.

Subtitle I--Prohibition on Collection of Certain Payments Made Under the Continued Dumping and Subsidy Offset Act of 2000CommentsClose CommentsPermalink

SEC. 18701. PROHIBITION ON COLLECTION OF CERTAIN PAYMENTS MADE UNDER THE CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000.

(a) In General- Notwithstanding any other provision of law, neither the Secretary of Homeland Security nor any other person may--CommentsClose CommentsPermalink





(1) require repayment of, or attempt in any other way to recoup, any payments described in subsection (b); orCommentsClose CommentsPermalink





(2) offset any past, current, or future distributions of antidumping or countervailing duties assessed with respect to imports from countries that are not parties to the North American Free Trade Agreement in an attempt to recoup any payments described in subsection (b).CommentsClose CommentsPermalink





(b) Payments Described- Payments described in this subsection are payments of antidumping or countervailing duties made pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c; repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 154))) that were--CommentsClose CommentsPermalink





(1) assessed and paid on imports of goods from countries that are parties to the North American Free Trade Agreement; andCommentsClose CommentsPermalink





(2) distributed on or after January 1, 2001, and before January 1, 2006.CommentsClose CommentsPermalink





(c) Payment of Funds Collected or Withheld- Not later than the date that is 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall--CommentsClose CommentsPermalink





(1) refund any repayments, or any other recoupment, of payments described in subsection (b); andCommentsClose CommentsPermalink





(2) fully distribute any antidumping or countervailing duties that the U.S. Customs and Border Protection is withholding as an offset as described in subsection (a)(2).CommentsClose CommentsPermalink





(d) Limitation- Nothing in this section shall be construed to prevent the Secretary of Homeland Security, or any other person, from requiring repayment of, or attempting to otherwise recoup, any payments described in subsection (b) as a result of--CommentsClose CommentsPermalink





(1) a finding of false statements or other misconduct by a recipient of such a payment; orCommentsClose CommentsPermalink





(2) the reliquidation of an entry with respect to which such a payment was made.CommentsClose CommentsPermalink

Subtitle J--Other ProvisionsSEC. 1901. APPLICATION OF CERTAIN LABOR STANDARDS TO PROJECTS FINANCED WITH CERTAIN TAX-FAVORED BONDS.

Subchapter IV of chapter 31 of the title 40, United States Code, shall apply to projects financed with the proceeds of--

(1) any new clean renewable energy bond (as defined in section 54C of the Internal Revenue Code of 1986) issued after the dateI--Trade Adjustment AssistanceCommentsClose CommentsPermalink

(a) In General- Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended--CommentsClose CommentsPermalink





(1) in the heading, by striking ‘system’ and inserting ‘and data collection’;CommentsClose CommentsPermalink





(2) in the first sentence--CommentsClose CommentsPermalink





(A) by striking ‘The Secretary’ and inserting ‘(a) Monitoring Programs- The Secretary’;CommentsClose CommentsPermalink





(B) by inserting ‘and services’ after ‘imports of articles’;CommentsClose CommentsPermalink





(C) by inserting ‘and domestic supply of services’ after ‘domestic production’;CommentsClose CommentsPermalink





(D) by inserting ‘or supplying services’ after ‘producing articles’; andCommentsClose CommentsPermalink





(E) by inserting ‘, or supply of services,’ after ‘changes in production’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) Collection of Data and Reports on Service Sector-CommentsClose CommentsPermalink





‘(1) SECRETARY OF LABOR- Not later than 90 days after the date of the enactment of this subsection, the Secretary of Labor shall implement a system to collect data on adversely affected workers employed in the service sector that includes the number of workers by State and industry, and by the cause of the dislocation of each worker, as identified in the certification.CommentsClose CommentsPermalink





‘(2) SECRETARY OF COMMERCE- Not later than 1 year after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms acquiring services from firms in foreign countries.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 282 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 282. Trade monitoring and data collection.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act,(2) any qualified energy conservation bond (as defined in section 54D of the Internal Revenue Code of 1986) issued after the dateAct.CommentsClose CommentsPermalink

‘SEC. 235A. FUNDING FOR ADMINISTRATIVE EXPENSES AND EMPLOYMENT AND CASE MANAGEMENT SERVICES.

‘(a) Funding for Administrative Expenses and Employment and Case Management Services-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to any funds made available to a State to carry out section 236 for a fiscal year, the State shall receive for the fiscal year a payment in an amount that is equal to 15 percent of the amount of such funds.CommentsClose CommentsPermalink





‘(2) USE OF FUNDS- A State that receives a payment under paragraph (1) shall--CommentsClose CommentsPermalink





‘(A) use not more than 2/3 of such payment for the administration of the trade adjustment assistance for workers program under this chapter, including for--CommentsClose CommentsPermalink





‘(i) processing waivers of training requirements under section 231;CommentsClose CommentsPermalink





‘(ii) collecting, validating, and reporting data required under this chapter; andCommentsClose CommentsPermalink





‘(iii) providing reemployment trade adjustment assistance under section 246; andCommentsClose CommentsPermalink





‘(B) use not less than 1/3 of such payment for employment and case management services under section 235.CommentsClose CommentsPermalink





‘(b) Additional Funding for Employment and Case Management Services-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to any funds made available to a State to carry out section 236 and the payment under subsection (a)(1) for a fiscal year, the Secretary shall provide to the State for the fiscal year a payment in the amount of $350,000.CommentsClose CommentsPermalink





‘(2) USE OF FUNDS- A State that receives a payment under paragraph (1) shall use such payment for the purpose of providing employment and case management services under section 235.CommentsClose CommentsPermalink





‘(3) VOLUNTARY RETURN OF FUNDS- A State that receives a payment under paragraph (1) may decline or otherwise return such payment to the Secretary.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 235 the following:CommentsClose CommentsPermalink





‘Sec. 235A. Funding for administrative expenses and employment and case management services.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act,(3) any qualified zone academy bond (as defined in section 54E of the Internal Revenue Code of 1986) issuedAct.CommentsClose CommentsPermalink

(a) In General- Section 236(a)(2) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is amended to read as follows:CommentsClose CommentsPermalink





‘(2)(A) The total amount of payments that may be made under paragraph (1) shall not exceed--CommentsClose CommentsPermalink





‘(i) for each of the fiscal years 2009 and 2010, $575,000,000; andCommentsClose CommentsPermalink





‘(ii) for the period beginning October 1, 2010, and ending December 31, 2010, $143,750,000.CommentsClose CommentsPermalink





‘(B)(i) The Secretary shall, as soon as practicable after the beginning of each fiscal year, make an initial distribution of the funds made available to carry out this section, in accordance with the requirements of subparagraph (C).CommentsClose CommentsPermalink





‘(ii) The Secretary shall ensure that not less than 90 percent of the funds made available to carry out this section for a fiscal year are distributed to the States by not later than July 15 of that fiscal year.CommentsClose CommentsPermalink





‘(C)(i) In making the initial distribution of funds pursuant to subparagraph (B)(i) for a fiscal year, the Secretary shall hold in reserve 35 percent of the funds made available to carry out this section for that fiscal year for additional distributions during the remainder of the fiscal year.CommentsClose CommentsPermalink





‘(ii) Subject to clause (iii), in determining how to apportion the initial distribution of funds pursuant to subparagraph (B)(i) in a fiscal year, the Secretary shall take into account, with respect to each State--CommentsClose CommentsPermalink





‘(I) the trend in the number of workers covered by certifications of eligibility under this chapter during the most recent 4 consecutive calendar quarters for which data are available;CommentsClose CommentsPermalink





‘(II) the trend in the number of workers participating in training under this section during the most recent 4 consecutive calendar quarters for which data are available;CommentsClose CommentsPermalink





‘(III) the number of workers estimated to be participating in training under this section during the fiscal year;CommentsClose CommentsPermalink





‘(IV) the amount of funding estimated to be necessary to provide training approved under this section to such workers during the fiscal year; andCommentsClose CommentsPermalink





‘(V) such other factors as the Secretary considers appropriate relating to the provision of training under this section.CommentsClose CommentsPermalink





‘(iii) In no case may the amount of the initial distribution to a State pursuant to subparagraph (B)(i) in a fiscal year be less than 25 percent of the initial distribution to the State in the preceding fiscal year.CommentsClose CommentsPermalink





‘(D) The Secretary shall establish procedures for the distribution of the funds that remain available for the fiscal year after the initial distribution required under subparagraph (B)(i). Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds.CommentsClose CommentsPermalink





‘(E) If, during a fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the dollar amount limitation specified in subparagraph (A), the Secretary shall decide how the amount of funds made available to carry out this section that have not been distributed at the time of the estimate will be apportioned among the States for the remainder of the fiscal year.’.CommentsClose CommentsPermalink





(b) Determinations Regarding Training- Section 236(a)(9) of the Trade Act of 1974 (19 U.S.C. 2296(a)(9)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Secretary’ and inserting ‘(A) Subject to subparagraph (B), the Secretary’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(B)(i) In determining under paragraph (1)(E) whether a worker is qualified to undertake and complete training, the Secretary may approve training for a period longer than the worker’s period of eligibility for trade readjustment allowances under part I if the worker demonstrates a financial ability to complete the training after the expiration of the worker’s period of eligibility for such trade readjustment allowances.CommentsClose CommentsPermalink





‘(ii) In determining the reasonable cost of training under paragraph (1)(F) with respect to a worker, the Secretary may consider whether other public or private funds are reasonably available to the worker, except that the Secretary may not require a worker to obtain such funds as a condition of approval of training under paragraph (1).’.CommentsClose CommentsPermalink





(c) Regulations- Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) Regulations With Respect to Apportionment of Training Funds to States-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act,

(4) any qualified school construction bond (as defined in section 54F of the Internal Revenue Code of 1986), and

(5) any recovery zone economic development bond (as defined in section 1400U-2 of the Internal Revenue Code of 1986)subsection, the Secretary shall issue such regulations as may be necessary to carry out the provisions of subsection (a)(2).CommentsClose CommentsPermalink




‘(2) CONSULTATIONS- The Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not less than 90 days before issuing any regulation pursuant to paragraph (1).’.CommentsClose CommentsPermalink





(d) Effective Date- This section and the amendments made by this section shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, except that--CommentsClose CommentsPermalink





(1) subparagraph (A) of section 236(a)(2) of the Trade Act of 1974, as amended by subsection (a) of this section, shall take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink





(2) subparagraphs (B), (C), and (D) of such section 236(a)(2) shall take effect on October 1, 2009.CommentsClose CommentsPermalink

SEC. 1902. INCREASE IN PUBLIC DEBT LIMIT.Subsection (b) ofsection 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection829. PREREQUISITE EDUCATION; APPROVED TRAINING PROGRAMS.

(2) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking ‘Not later than’ and all that follows through ‘2002, the Secretary’ and inserting ‘The Secretary’; andCommentsClose CommentsPermalink





(ii) by striking ‘an alternative trade adjustment assistance program for older workers’ and inserting ‘a reemployment trade adjustment assistance program’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) in the matter preceding clause (i), by striking ‘for a period not to exceed 2 years’ and inserting ‘for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)’; andCommentsClose CommentsPermalink





(II) by striking clauses (i) and (ii) and inserting the following:CommentsClose CommentsPermalink





‘(i) the wages received by the worker at the time of separation; andCommentsClose CommentsPermalink





‘(ii) the wages received by the worker from reemployment.’;CommentsClose CommentsPermalink





(ii) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by striking ‘for a period not to exceed 2 years’ and inserting ‘for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)’; andCommentsClose CommentsPermalink





(II) by striking ‘, as added by section 201 of the Trade Act of 2002’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) TRAINING AND OTHER SERVICES- A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive training approved under section 236 and employment and case management services under section 235.’; andCommentsClose CommentsPermalink





(C) by striking paragraphs (3) through (5) and inserting the following:CommentsClose CommentsPermalink





‘(3) ELIGIBILITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A group of workers certified under subchapter A as eligible for adjustment assistance under subchapter A is eligible for benefits described in paragraph (2) under the program established under paragraph (1).CommentsClose CommentsPermalink





‘(B) INDIVIDUAL ELIGIBILITY- A worker in a group of workers described in subparagraph (A) may elect to receive benefits described in paragraph (2) under the program established under paragraph (1) if the worker--CommentsClose CommentsPermalink





‘(i) is at least 50 years of age;CommentsClose CommentsPermalink





‘(ii) earns not more than $55,000 each year in wages from reemployment;CommentsClose CommentsPermalink





‘(iii)(I) is employed on a full-time basis as defined by the law of the State in which the worker is employed and is not enrolled in a training program approved under section 236; orCommentsClose CommentsPermalink





‘(II) is employed at least 20 hours per week and is enrolled in a training program approved under section 236; andCommentsClose CommentsPermalink





‘(iv) is not employed at the firm from which the worker was separated.CommentsClose CommentsPermalink





‘(4) ELIGIBILITY PERIOD FOR PAYMENTS-CommentsClose CommentsPermalink





‘(A) WORKER WHO HAS NOT RECEIVED TRADE READJUSTMENT ALLOWANCE- In the case of a worker described in paragraph (3)(B) who has not received a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period not to exceed 2 years beginning on the earlier of--CommentsClose CommentsPermalink





‘(i) the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from the adversely affected employment that is the basis of the certification; orCommentsClose CommentsPermalink





‘(ii) the date on which the worker obtains reemployment described in paragraph (3)(B).CommentsClose CommentsPermalink





‘(B) WORKER WHO HAS RECEIVED TRADE READJUSTMENT ALLOWANCE- In the case of a worker described in paragraph (3)(B) who has received a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period of 104 weeks beginning on the date on which the worker obtains reemployment described in paragraph (3)(B), reduced by the total number of weeks for which the worker received such trade readjustment allowance.CommentsClose CommentsPermalink





‘(5) TOTAL AMOUNT OF PAYMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The payments described in paragraph (2)(A) made to a worker may not exceed--CommentsClose CommentsPermalink





‘(i) $12,000 per worker during the eligibility period under paragraph (4)(A); orCommentsClose CommentsPermalink





‘(ii) the amount described in subparagraph (B) per worker during the eligibility period under paragraph (4)(B).CommentsClose CommentsPermalink





‘(B) AMOUNT DESCRIBED- The amount described in this subparagraph is the amount equal to the product of--CommentsClose CommentsPermalink





‘(i) $12,000, andCommentsClose CommentsPermalink





‘(ii) the ratio of--CommentsClose CommentsPermalink





‘(I) the total number of weeks in the eligibility period under paragraph (4)(B) with respect to the worker, toCommentsClose CommentsPermalink





‘(II) 104 weeks.CommentsClose CommentsPermalink





‘(6) CALCULATION OF AMOUNT OF PAYMENTS FOR CERTAIN WORKERS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of a worker described in paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied by substituting the percentage described in subparagraph (B) for ‘50 percent’.CommentsClose CommentsPermalink





‘(B) PERCENTAGE DESCRIBED- The percentage described in this subparagraph is the percentage--CommentsClose CommentsPermalink





‘(i) equal to 1/2 of the ratio of--CommentsClose CommentsPermalink





‘(I) the number of weekly hours of employment of the worker referred to in paragraph (3)(B)(iii)(II), toCommentsClose CommentsPermalink





‘(II) the number of weekly hours of employment of the worker at the time of separation, butCommentsClose CommentsPermalink





‘(ii) in no case more than 50 percent.CommentsClose CommentsPermalink





‘(7) LIMITATION ON OTHER BENEFITS- A worker described in paragraph (3)(B) may not receive a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A) during any week for which the worker receives a payment described in paragraph (2)(A).’; andCommentsClose CommentsPermalink





(3) in subsection (b)(2), by striking ‘subsection (a)(3)(B)’ and inserting ‘subsection (a)(3)’.CommentsClose CommentsPermalink





(b) Extension of Program- Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking ‘the date that is 5 years’ and all that follows through the end period and inserting ‘$12,140,000,000,000December 31, 2010.’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 246 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 246. Reemployment trade adjustment assistance program.’.CommentsClose CommentsPermalink

‘SEC. 249A. OFFICE OF TRADE ADJUSTMENT ASSISTANCE.

‘(a) Establishment- There is established in the Department of Labor an office to be known as the Office of Trade Adjustment Assistance (in this section referred to as the ‘Office’).CommentsClose CommentsPermalink





‘(b) Head of Office- The head of the Office shall be an administrator, who shall report directly to the Deputy Assistant Secretary for Employment and Training.CommentsClose CommentsPermalink





‘(c) Principal Functions- The principal functions of the administrator of the Office shall be--CommentsClose CommentsPermalink





‘(1) to oversee and implement the administration of trade adjustment assistance program under this chapter; andCommentsClose CommentsPermalink





‘(2) to carry out functions delegated to the Secretary of Labor under this chapter, including--CommentsClose CommentsPermalink





‘(A) making determinations under section 223;CommentsClose CommentsPermalink





‘(B) providing information under section 225 about trade adjustment assistance to workers and assisting such workers to prepare petitions or applications for program benefits;CommentsClose CommentsPermalink





‘(C) providing assistance to employers of groups of workers that have filed petitions under section 221 in submitting information required by the Secretary relating to the petitions;CommentsClose CommentsPermalink





‘(D) ensuring workers covered by a certification of eligibility under subchapter A receive the employment and case management services described in section 235;CommentsClose CommentsPermalink





‘(E) ensuring that States fully comply with agreements entered into under section 239;CommentsClose CommentsPermalink





‘(F) advocating for workers applying for benefits available under this chapter;CommentsClose CommentsPermalink





‘(G) establishing and overseeing a hotline that workers, employers, and other entities may call to obtain information regarding eligibility criteria, procedural requirements, and benefits available under this chapter; andCommentsClose CommentsPermalink





‘(H) carrying out such other duties with respect to this chapter as the Secretary specifies for purposes of this section.CommentsClose CommentsPermalink





‘(d) Administration-CommentsClose CommentsPermalink





‘(1) DESIGNATION- The administrator shall designate an employee of the Department of Labor with appropriate experience and expertise to carry out the duties described in paragraph (2).CommentsClose CommentsPermalink





‘(2) DUTIES- The employee designated under paragraph (1) shall--CommentsClose CommentsPermalink





‘(A) receive complaints and requests for assistance related to the trade adjustment assistance program under this chapter;CommentsClose CommentsPermalink





‘(B) resolve such complaints and requests for assistance, in coordination with other employees of the Office;CommentsClose CommentsPermalink





‘(C) compile basic information concerning such complaints and requests for assistance; andCommentsClose CommentsPermalink





‘(D) carry out such other duties with respect to this chapter as the Secretary specifies for purposes of this section.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 249 the following:CommentsClose CommentsPermalink





‘Sec. 249A. Office of Trade Adjustment Assistance.’.CommentsClose CommentsPermalink

SEC. 1903. ELECTION TO ACCELERATE THE LOW-INCOME HOUSING TAX CREDIT852. ACCOUNTABILITY OF STATE AGENCIES; COLLECTION AND PUBLICATION OF PROGRAM DATA; AGREEMENTS WITH STATES.