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 Show Changes Hide Changes	0%
Enrolled Bill	185,947	3,244	65%

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

AMENDMENT NO. 570Purpose: In the nature of a substitute.

IN THE SENATE OF THE UNITED STATES--111th Cong., 1st Sess.H. HR 1 EAS CommentsClose CommentsPermalink

Resolved,That the bill from the House of Representatives (H.R. 1M) entitled ‘An Act 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.

February 7, 2009Ordered to lie on the table and to be printedIntended to be proposed by Ms. COLLINS (for herself and Mr. NELSON of Nebraska)Viz’, do pass with the followingCommentsClose CommentsPermalink

AMENDMENT: CommentsClose CommentsPermalink

Strike out all after the enacting clause and insert the following: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 AGENCIES CommentsClose CommentsPermalink





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





TITLE III--DEPARTMENT OF DEFENSE CommentsClose CommentsPermalink





TITLE IV--ENERGY AND WATER DEVELOPMENT CommentsClose CommentsPermalink





TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT CommentsClose CommentsPermalink





TITLE VI--DEPARTMENT OF HOMELAND SECURITY CommentsClose CommentsPermalink





TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES CommentsClose CommentsPermalink





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





TITLE IX--LEGISLATIVE BRANCH CommentsClose CommentsPermalink





TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES CommentsClose CommentsPermalink





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





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





TITLE XIII--HEALTH INFORMATION TECHNOLOGY CommentsClose CommentsPermalink





TITLE XIV--STATE FISCAL STABILIZATION CommentsClose CommentsPermalink





TITLE XV--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD AND RECOVERY INDEPENDENT ADVISORY PANEL CommentsClose CommentsPermalink





TITLE XVI--GENERAL PROVISIONS--THIS ACT CommentsClose CommentsPermalink

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

TITLE I--TAX PROVISIONS CommentsClose CommentsPermalink





TITLE II--ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES CommentsClose CommentsPermalink





TITLE III--HEALTH INSURANCE ASSISTANCE CommentsClose CommentsPermalink





TITLE IV--HEALTH INFORMATION TECHNOLOGY CommentsClose CommentsPermalink





TITLE V--STATE FISCAL RELIEF CommentsClose CommentsPermalink

SEC. 3. 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 PROVISIONS CommentsClose 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. CommentsClose CommentsPermalink

office of inspector general

For an additional amount for ‘Office of Inspector General’, $5,000,000, to remain available until September 30, 2011, 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. CommentsClose CommentsPermalink

Cooperative State Research, Education and Economic Service

research 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. CommentsClose CommentsPermalink

Farm Service Agency

agricultural 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. 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: 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. CommentsClose CommentsPermalink





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 Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. 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, 2010. CommentsClose CommentsPermalink

watershed rehabilitation program

For an additional amount for the ‘Watershed Rehabilitation Program’, $65,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink

Rural Housing Service

rural housing insurance 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 Account, 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 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, 2010. 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. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink

rural energy for america program

For 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 water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $1,375,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

distance learning, telemedicine, and broadband program account

For an additional amount for direct loans and grants for distance learning and telemedicine services in rural areas, as authorized by7 U.S.C. 950aaa, et seq., $100,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

Food and Nutrition Service

child nutrition programs

For 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 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 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 $380,000,000 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 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) 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, 1935 (7 U.S.C. 612c): Provided, That the Secretary shall distribute the commodities to States for distribution in accordance with section 214 of the Emergency Food Assistance Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note): Provided further, That of the funds made available, the Secretary may use up to $50,000,000 for costs associated with the distribution of commodities. 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. CommentsClose CommentsPermalink





Sec. 102. Nutrition for Economic Recovery. CommentsClose CommentsPermalink





(a) Maximum Benefit Increases- CommentsClose CommentsPermalink





(1) ECONOMIC RECOVERY 1-MONTH BEGINNING STIMULUS PAYMENT- For 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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 required under section 3(u) of that Act (7 U.S.C. 2012(u)), if the percentage is less than 12 percent. CommentsClose CommentsPermalink





(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 determines 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. CommentsClose CommentsPermalink





(5) TERMINATION OF EFFECTIVENESS- Effective beginning October 1, 2011, the authority provided by this subsection terminates and has no effect. CommentsClose CommentsPermalink





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





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





(2) require a simple process for States to notify households of the changes 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 Act; 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, 2035); and CommentsClose 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 effect. 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. 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), 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 Secretary) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and CommentsClose 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 Secretary) 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). CommentsClose CommentsPermalink





(5) MAINTENANCE OF EFFORT- CommentsClose CommentsPermalink





(A) DEFINITION OF SPECIFIED STATE ADMINISTRATIVE COSTS- In this paragraph: CommentsClose CommentsPermalink





(i) IN GENERAL- The term ‘specified State administrative costs’ includes all State administrative costs under the supplemental nutrition assistance program. CommentsClose CommentsPermalink





(ii) EXCLUSIONS- The term ‘specified State administrative costs’ does not include-- CommentsClose CommentsPermalink





(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); CommentsClose CommentsPermalink





(II) the costs of nutrition education under section 11(f) of that Act (7 U.S.C. 2020(f)); and CommentsClose CommentsPermalink





(III) any other costs the Secretary determines should be excluded. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(d) Food Distribution Program on Indian Reservations- For the costs of administrative expenses associated with the food distribution program on Indian reservations 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. CommentsClose CommentsPermalink





(e) Consolidated Block Grants for Puerto Rico and American Samoa- CommentsClose CommentsPermalink





(1) FISCAL YEAR 2009- CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(B) AVAILABILITY OF FUNDS- Funds made available under subparagraph (A) shall remain available through September 30, 2010. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(f) Treatment of Jobless Workers- CommentsClose CommentsPermalink





(1) REMAINDER OF FISCAL YEAR 2009 THROUGH FISCAL YEAR 2011- 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, 2011, 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 2012 AND THEREAFTER- Beginning on October 1, 2011, 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. CommentsClose CommentsPermalink





(g) 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. 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; and CommentsClose 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; and CommentsClose 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 year. 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; and CommentsClose 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 percent. 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; or CommentsClose 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’; and CommentsClose 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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 year. 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; and CommentsClose 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 percent. 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; or CommentsClose 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’; and CommentsClose 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; and CommentsClose 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; or CommentsClose 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; and CommentsClose 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) Emergency Loans- CommentsClose CommentsPermalink





(1) IN GENERAL- For the principal amount of direct emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961), $200,000,000. CommentsClose CommentsPermalink





(2) DIRECT EMERGENCY LOANS- For the cost of direct emergency 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. 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





Sec. 106. Except for title I of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), Commodity Credit Corporation funds provided in that Act shall be available for administrative expenses, including technical assistance, without regard to the limitation in 15 U.S.C. 714i. CommentsClose CommentsPermalink

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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

operations and administration

For an additional amount for ‘Operations and Administration’, $20,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

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 $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. 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 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 201 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 201 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 (Commission) 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 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, 2010. CommentsClose CommentsPermalink

construction of research facilities

For an additional amount for ‘Construction of Research Facilities’, $307,000,000, to remain available until September 30, 2010. 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, 2010. CommentsClose CommentsPermalink

procurement, acquisition and construction

For an additional amount for ‘Procurement, Acquisition and Construction’, $645,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

Office of Inspector General

For an additional amount for ‘Office of Inspector General’, $6,000,000, to remain available until September 30, 2012. 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. CommentsClose CommentsPermalink

Detention Trustee

For an additional amount for ‘Detention Trustee’, $100,000,000, to remain available until September 30, 2010. 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. CommentsClose CommentsPermalink

United States Marshals Service

salaries and expenses

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

construction

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

Federal Bureau of Investigation

salaries and expenses

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

construction

For an additional amount for ‘Construction’, $300,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

Federal Prison System

buildings and facilities

For an additional amount for ‘Federal Prison System, Buildings and Facilities’, $800,000,000, to remain available until September 30, 2010. 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’, $300,000,000 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. 3711 et seq.): Provided, That, $50,000,000 shall be 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’, $1,200,000,000 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 Act 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. CommentsClose CommentsPermalink





For an additional amount for ‘State and Local Law Enforcement Assistance’, $300,000,000 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. CommentsClose CommentsPermalink





For an additional amount for ‘State and Local Law Enforcement Assistance’, $90,000,000, to remain available until September 30, 2010, 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 Law 108-199, division B, title I, section 112(a)(1) (118 Stat. 62), of which-- CommentsClose CommentsPermalink





(1) $250,000,000 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); CommentsClose CommentsPermalink





(2) $25,000,000 shall be available for the Tribal Courts Initiative; and CommentsClose CommentsPermalink





(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 in 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, 2010. 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, 2010. CommentsClose CommentsPermalink

aeronautics

For an additional amount for ‘Aeronautics’, $200,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

exploration

For an additional amount for ‘Exploration’, $450,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

cross agency support

For an additional amount for ‘Cross Agency Support’, $200,000,000, to remain available until September 30, 2010. 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. 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, 2010. 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. CommentsClose CommentsPermalink

education and human resources

For an additional amount for ‘Education and Human Resources’, $50,000,000, to remain available until September 30, 2010. 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. CommentsClose CommentsPermalink

GENERAL PROVISIONS--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. CommentsClose CommentsPermalink





(1) The purposes of the program are to-- CommentsClose CommentsPermalink





(A) provide access to broadband service to citizens residing in unserved areas of the United States; CommentsClose CommentsPermalink





(B) provide improved access to broadband service to citizens residing in underserved areas of the United States; CommentsClose CommentsPermalink





(C) provide broadband education, awareness, training, access, equipment, and support to-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(D) improve access to, and use of, broadband service by public safety agencies; and CommentsClose CommentsPermalink





(E) stimulate the demand for broadband, economic growth, and job creation. CommentsClose CommentsPermalink





(2) The Assistant Secretary may consult with the chief executive officer of any State with respect to-- CommentsClose CommentsPermalink





(A) the identification of areas described in subsection (1)(A) or (B) located in that State; and CommentsClose CommentsPermalink





(B) the allocation of grant funds within that State for projects in or affecting the State. CommentsClose CommentsPermalink





(3) The Assistant Secretary shall-- CommentsClose CommentsPermalink





(A) establish and implement the grant program as expeditiously as practicable; CommentsClose CommentsPermalink





(B) ensure that all awards are made before the end of fiscal year 2010; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(4) To be eligible for a grant under the program an applicant shall-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(B) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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); CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(A) the applicant petitions the Assistant Secretary for a waiver; and CommentsClose CommentsPermalink





(B) the Assistant Secretary determines that the petition demonstrates financial need. CommentsClose CommentsPermalink





(6) The Assistant Secretary may make competitive grants under the program to-- CommentsClose CommentsPermalink





(A) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services; CommentsClose CommentsPermalink





(B) construct and deploy broadband service related infrastructure; CommentsClose CommentsPermalink





(C) ensure access to broadband service by community anchor institutions; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(E) construct and deploy broadband facilities that improve public safety broadband communications services; and CommentsClose CommentsPermalink





(F) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established. CommentsClose CommentsPermalink





(7) The Assistant Secretary-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(B) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(A) consider the most effective and efficient national strategy for ensuring that all Americans have access to, and take advantage of, advanced broadband services; CommentsClose CommentsPermalink





(B) have access to data provided to other Government agencies under the Broadband Data Improvement Act (47 U.S.C. 1301 note); CommentsClose CommentsPermalink





(C) evaluate the status of deployments of broadband service, including the progress of projects supported by the grants made pursuant to this section; and CommentsClose CommentsPermalink





(D) develop recommendations for achieving the goal of nationally available broadband service for the United States and for promoting broadband adoption nationwide. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





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 coupon. CommentsClose CommentsPermalink

TITLE III--DEPARTMENT OF DEFENSE

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ‘Operation and Maintenance, Army’, $1,169,291,000, to remain available for obligation until September 30, 2010. CommentsClose CommentsPermalink

Operation and Maintenance, Navy

For an additional amount for ‘Operation and Maintenance, Navy’, $571,843,000, to remain available for obligation until September 30, 2010. CommentsClose CommentsPermalink

Operation and Maintenance, Marine Corps

For an additional amount for ‘Operation and Maintenance, Marine Corps’, $112,167,000, to remain available for obligation until September 30, 2010. 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, 2010. CommentsClose CommentsPermalink

Operation and Maintenance, Army Reserve

For an additional amount for ‘Operation and Maintenance, Army Reserve’, $79,543,000, to remain available for obligation until September 30, 2010. CommentsClose CommentsPermalink

Operation and Maintenance, Navy Reserve

For an additional amount for ‘Operation and Maintenance, Navy Reserve’, $44,586,000, to remain available for obligation until September 30, 2010. CommentsClose CommentsPermalink

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ‘Operation and Maintenance, Marine Corps Reserve’, $32,304,000, to remain available for obligation until September 30, 2010. CommentsClose CommentsPermalink

Operation and Maintenance, Air Force Reserve

For an additional amount for ‘Operation and Maintenance, Air Force Reserve’, $10,674,000, to remain available for obligation until September 30, 2010. CommentsClose CommentsPermalink

Operation and Maintenance, Army National Guard

For an additional amount for ‘Operation and Maintenance, Army National Guard’, $215,557,000, to remain available for obligation until September 30, 2010. 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. CommentsClose CommentsPermalink

PROCUREMENT

Defense Production Act Purchases

For an additional amount for ‘Defense Production Act Purchases’, $100,000,000, to remain available for obligation until September 30, 2010. CommentsClose CommentsPermalink

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ‘Research, Development, Test and Evaluation, Defense-Wide’, $200,000,000, 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’, $250,000,000 for operation and maintenance, to remain available for obligation until September 30, 2010. CommentsClose CommentsPermalink

Office of the Inspector General

For an additional amount for ‘Office of the Inspector General’, $12,000,000 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: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, over engineering and design on those projects and on subsequent claims, if any: 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 $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 from 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, over engineering and design on those projects and on subsequent claims, if any: 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 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, over engineering and design on those projects and on subsequent claims, if any: 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 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, over engineering and design on those projects and on subsequent claims, if any: 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. 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 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, over engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading. CommentsClose CommentsPermalink

flood control and coastal emergencies

For an additional amount for ‘Flood Control and Coastal Emergencies’ for expenses necessary for pre-placement of materials and equipment, advance measures and other activities authorized by law, $50,000,000 is provided. 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: 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 maintenance and rehabilitation 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 adopted by the Commissioner, but in no case shall the repayment period exceed 25 years: 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, over engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading. CommentsClose CommentsPermalink

DEPARTMENT OF ENERGY

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 $4,200,000,000 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 $2,100,000,000 is available through the formula in subtitle E: 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 (16 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-- CommentsClose CommentsPermalink





(A) building energy codes for residential buildings that the Secretary determines are likely to meet or exceed the 2009 International Energy Conservation Code; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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 new and renovated residential and commercial building space will meet the standards within 8 years after the date of enactment of this Act: CommentsClose CommentsPermalink





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 $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, 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: Provided further, That the Office of Electricity Delivery and Energy Reliability 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. 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 technology. 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, 2010. 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 for 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, $8,500,000,000, available until expended, to pay the costs of guarantees made under this section: Provided further, That of the amount provided for Title XVII, $15,000,000 shall be used for administrative expenses in carrying out the guaranteed 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 purposes, to remain available until September 30, 2012. CommentsClose CommentsPermalink

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

weapons activities

For an additional amount for weapons activities, $1,000,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

Environmental and Other Defense Activities

defense environmental cleanup

For an additional amount for ‘Defense Environmental Cleanup’, $5,527,000,000, to remain available until September 30, 2010. 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 AUTHORITY CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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





Sec. 403. Technical Corrections to the Energy Independence and Security Act of 2007. Title XIII of the Energy Independence and Security Act of 2007 (15 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 assets are controlled by a tax-exempt entity.’. 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 follows: 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





(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-- CommentsClose CommentsPermalink





‘(1) establish within 60 days after the enactment of the American Recovery and Reinvestment Act of 2009 procedures by which applicants can obtain grants of not more than one-half of their documented costs; CommentsClose CommentsPermalink





‘(2) 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 Qualifying Smart Grid Investments, and that the grants made have significant effect in encouraging and facilitating the development of a smart grid; CommentsClose CommentsPermalink





‘(3) maintain public records of grants made, recipients, and qualifying Smart Grid investments which have received grants; CommentsClose CommentsPermalink





‘(4) establish procedures to provide advance payment of moneys up to the full amount of the grant award; and CommentsClose CommentsPermalink





‘(5) have and exercise the discretion 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. (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. CommentsClose CommentsPermalink





‘(b) Categories- Projects from only the following categories shall be eligible for support under this section: CommentsClose CommentsPermalink





‘(1) Renewable energy systems. CommentsClose CommentsPermalink





‘(2) Electric power transmission systems. 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. CommentsClose CommentsPermalink





‘(d) Sunset- The authority to enter into guarantees under this section shall expire on September 30, 2012.’. 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 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’. CommentsClose CommentsPermalink





(c) 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





Sec. 406. 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

TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

DEPARTMENT OF THE TREASURY

Community Development Financial Institutions Fund Program Account

For an additional amount for ‘Community Development Financial Institutions Fund Program Account’, $250,000,000, to remain available until September 30, 2010, for qualified applicants under the fiscal year 2008 and 2009 funding rounds 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, 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 $5,000,000 may be used for administrative expenses:Provided, That for purposes of the fiscal year 2008 and 2009 funding rounds, 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 and 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 COLUMBIA

Federal Payments

federal payment to the district of columbia water and sewer authority

For 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. CommentsClose CommentsPermalink

GENERAL SERVICES ADMINISTRATION

Real Property Activities

federal buildings fund

limitations on availability of revenue

(including transfer of funds)

For an additional amount to be deposited in the Federal Buildings Fund, $5,548,000,000, to carry out the purposes of the Fund, of which not less than $1,400,000,000 shall be available for Federal buildings and United States courthouses, not less than $1,200,000,000 shall be available for border stations, and not less than $2,500,000,000 shall be available for measures necessary to convert GSA facilities to High-Performance Green Buildings, as defined in section 401 ofPublic 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 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 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 Buildings, $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 an 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. 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. 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, 2012. 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, 2010. CommentsClose CommentsPermalink

SMALL BUSINESS ADMINISTRATION

Salaries and Expenses

For an additional amount, to remain available until September 30, 2010, $84,000,000, 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 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, 2011. 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, $615,000,000, to remain available until September 30, 2010:Provided, That of the amount for the cost of guaranteed loans, $515,000,000 shall be for loan subsidies and loan modifications for loans to small business concerns authorized in section 501(a) of this title; and $100,000,000 shall be for loan subsidies and loan modifications for loans to small business concerns authorized in section 501(b) 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 Program- Until September 30, 2010, and to the extent that the cost of such elimination 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)) 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; and CommentsClose 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. 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 under 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. CommentsClose CommentsPermalink





(d) Application of Fee Eliminations- The Administrator shall eliminate fees under subsections (a), (b), and (c) 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





Sec. 502. Financial Assistance Program Improvements. (a) 7(a) Loan Maximum Amount- Section 7(a)(3)(A) 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)’. CommentsClose CommentsPermalink





(b) Small Business Investment Companies- CommentsClose CommentsPermalink





(1) MAXIMUM LEVERAGE- Section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended-- CommentsClose CommentsPermalink





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





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





‘(i) 300 percent of the private capital of the company; or CommentsClose CommentsPermalink





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





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





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





‘(i) IN GENERAL- The maximum amount of outstanding leverage made available to-- CommentsClose CommentsPermalink





‘(I) any 1 company described in clause (ii) may not exceed the lesser of-- CommentsClose CommentsPermalink

‘(aa) 300 percent of private capital of the company; or CommentsClose CommentsPermalink

‘(bb) $175,000,000; and CommentsClose CommentsPermalink

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





‘(ii) APPLICABILITY- A company described in this clause is a company licensed under section 301(c) 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 CommentsClose CommentsPermalink





(B) by striking paragraph (4). CommentsClose CommentsPermalink





(2) 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 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 (15 U.S.C. 686(a)) is amended by striking ‘20 per centum’ and inserting ‘30 percent’. 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-- CommentsClose CommentsPermalink





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





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





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





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: CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





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





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





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





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





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





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





‘(i) refinancing existing indebtedness; or CommentsClose CommentsPermalink





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





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





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





(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 CommentsClose CommentsPermalink





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

SEC. 505. SURETY BONDS.

(a) Maximum 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’; and CommentsClose 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 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) Sunset- The amendments made by this section shall remain in effect until September 30, 2010. CommentsClose CommentsPermalink





Sec. 506- Office of Inspector General. For an additional amount for ‘Treasury Office of Inspector General for Tax Administration’, $7,000,000, to remain available until September 30, 2012, for oversight and audit of programs grants and activities funded under this title. CommentsClose CommentsPermalink

TITLE VI--DEPARTMENT OF HOMELAND SECURITY

DEPARTMENT 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, solely for planning, design, and construction costs, including 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 $100,800,000 shall be for the procurement and deployment of non-intrusive inspection systems to improve port security; and of which $97,200,000 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, 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, 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, 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, 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 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 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, 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, 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 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. CommentsClose CommentsPermalink

state and local programs

For an additional amount for grants, $950,000,000, 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 1514 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1164). CommentsClose CommentsPermalink





(2) $100,000,000, to remain available until September 30, 2010, for Port Security Grants in accordance with46 U.S.C. 70107, notwithstanding 46 U.S.C. 70107(c). CommentsClose CommentsPermalink





(3) $250,000,000, to remain available until September 30, 2010, for upgrading, modifying, or constructing emergency operations centers under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, notwithstanding section 614(c) of that Act or for upgrading, modifying, or constructing State and local fusion centers as defined by section 210A(j)(1) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)(1)). CommentsClose CommentsPermalink





(4) $500,000,000 for construction to upgrade or modify critical infrastructure, as defined in section 1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 5195c(e)), to mitigate consequences related to potential damage from all-hazards: Provided, That funds in this paragraph shall remain available until September 30, 2011: Provided further, That 5 percent shall be for program administration: Provided further, That no later than 60 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

firefighter assistance grants

For an additional amount for competitive grants, $500,000,000, to remain available until September 30, 2010, for modifying, upgrading, or constructing State and local 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

Federal Law Enforcement Training Center

acquisition, construction, improvements, and related expenses

For an additional amount for ‘Acquisition, Construction, Improvements, and Related Expenses’, $15,000,000, to remain available until September 30, 2010, for security systems and law enforcement upgrades for all Federal Law Enforcement Training Center facilities: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

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 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

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, 2010. CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $180,000,000, to remain available until September 30, 2010. CommentsClose CommentsPermalink

wildland fire management

For an additional amount for ‘Wildland Fire Management’, $15,000,000, to remain available until September 30, 2010. 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, 2010. CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $110,000,000, to remain available until September 30, 2010. 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, 2010. CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $589,000,000, to remain available until September 30, 2010. 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, 2010. 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 program. CommentsClose CommentsPermalink

construction

For an additional amount for ‘Construction’, $522,000,000, to remain available until September 30, 2010. 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. CommentsClose CommentsPermalink

DEPARTMENTAL OFFICES

Insular Affairs

assistance to territories

For 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. CommentsClose CommentsPermalink

Department-Wide Programs

central hazardous materials fund

For an additional amount for ‘Central Hazardous Materials Fund’, $20,000,000, to remain available until September 30, 2010. 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 for Superfund remedial actions for program oversight and support purposes, and may transfer those funds to other accounts as needed. 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:Provided, That none of these funds shall be subject to cost share requirements. 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 which $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 $2,000,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Fund 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, That notwithstanding the priority ranking 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 projects 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 appropriated herein for the Revolving Funds shall be designated for green infrastructure, water efficiency improvements or other environmentally innovative projects: 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 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 Diesel Emission Reduction Act grants if the Administrator determines such action will expedite allocation of funds: 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 the Diesel Emission Reduction Act grants program for program oversight and support purposes and may transfer those funds to other accounts 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 include remediation of abandoned mine sites 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, for hazardous fuels reduction 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 the 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 lands. 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 activities 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: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. CommentsClose CommentsPermalink

SMITHSONIAN INSTITUTION

Facilities Capital

For an additional amount for ‘Facilities Capital’, $75,000,000, to remain available until September 30, 2010. 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 utilize the Public Lands Corps, Youth Conservation Corps, Job Corps and other related partnerships with Federal, State, local, tribal or non-profit groups that serve young adults. 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 by the Workforce Investment Act of 1998 (‘WIA’), $3,250,000,000, which shall be available on the date of enactment of this Act, as follows: CommentsClose CommentsPermalink





(1) $500,000,000 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 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 activities provided with such funds; CommentsClose CommentsPermalink





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





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





(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 CommentsClose CommentsPermalink





(6) $100,000,000 for YouthBuild activities as described in section 173A of the WIA: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: 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 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 V of the Older Americans Act of 1965, $120,000,000, which shall be available 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 account in the Unemployment Trust Fund:Provided, That such funds shall be available on the date of enactment of this Act and 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’ for construction, alteration and repairs of buildings and other facilities, $160,000,000, which shall remain available through June 30, 2010:Provided, That the Secretary of Labor may transfer up to 15 percent of such funds to meet the operational needs of Job Corps 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 Committee on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of funds available in this paragraph. CommentsClose CommentsPermalink

office of inspector general

For an additional amount for the ‘Office of Inspector General’, $3,000,000, which shall remain available through September 30, 2011, 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 be for grants for construction, renovation and equipment for health centers receiving operating grants under section 330 of the Public Health Service Act, notwithstanding the limitation in section 330(e)(3). CommentsClose CommentsPermalink

Centers for Disease Control and Prevention

disease control, research, and training

For 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, 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 52.232-18. 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, for shared instrumentation and other capital research equipment. 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 $1,350,000,000 shall be transferred to the Institutes and Centers of the National Institutes of Health and to the Common Fund established under section 402A(c)(1) of the Public Health Service Act in proportion to the appropriations otherwise made to such Institutes, Centers, and Common Fund for fiscal year 2009: Provided further, That these funds shall be used to support additional scientific research and shall be merged with and be available for the same purposes 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 Health: 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, the Global Fund for HIV/AIDS, Tuberculosis and Malaria, or the Office of the Director (except for the transfer to the Common Fund). CommentsClose CommentsPermalink





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. 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 through 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 802 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 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. 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 Act, $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. CommentsClose CommentsPermalink

children and families services programs

For an additional amount for ‘Children and Families Services Programs’ 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 for expansion of Early Head Start programs, as described in section 645A of such Act:Provided, That of the funds provided in this sentence, 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’ 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) for benefits enrollment coordination activities relating to the identification and enrollment of eligible individuals and families in Federal, State and local benefit programs. CommentsClose CommentsPermalink

Administration on Aging

aging services programs

For an additional amount for ‘Aging Services Programs,’ $100,000,000, of which $67,000,000 shall be for Congregate Nutrition Services and $33,000,000 shall be for Home-Delivered Nutrition Services:Provided, That these funds shall remain available through September 30, 2010. 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’, $3,000,000,000, to carry out title XIII of this Act which shall be available until expended:Provided, That of this 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 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 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. CommentsClose CommentsPermalink

office of the inspector general

For an additional amount for the Office of the Inspector General, $4,000,000 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 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 targeted grants under section 1125, $5,500,000,000 shall be for education finance incentive grants under section 1125A, and $1,400,000,000 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 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. 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 part D of title II of the Elementary and Secondary Education Act of 1965, and subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (‘McKinney-Vento’):Provided, 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 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: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, 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. 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 $500,000,000 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. CommentsClose CommentsPermalink

Student Financial Assistance

For an additional amount for ‘Student Financial Assistance’ to carry out 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. CommentsClose CommentsPermalink





For an additional amount for ‘Student Financial Assistance’ to carry out part 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. CommentsClose CommentsPermalink

Higher Education

For an additional amount for ‘Higher Education’ for carrying out activities under 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, 2010. CommentsClose CommentsPermalink

Departmental Management

office of the inspector general

For an additional amount for the ‘Office of the Inspector General’, $4,000,000, 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 SERVICE

Operating Expenses

(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 funds made available in this paragraph 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: 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 Inspector General

For an additional amount for the Office of the Inspector General, $1,000,000, which shall remain available until September 30, 2011. 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 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 ADMINISTRATION

Limitation on Administrative Expenses

(including transfer of funds)

For an additional amount for ‘Limitation on Administrative Expenses’, $890,000,000 shall be available as follows: CommentsClose CommentsPermalink





(1) $750,000,000 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 CommentsClose CommentsPermalink





(2) $140,000,000 shall be available through September 30, 2010 for information technology acquisitions and research, which may include research and activities to facilitate the adoption of electronic medical records in disability claims and the transfer of funds to ‘Supplemental Security Income’ 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’, $3,000,000, 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. 801. 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 underPublic 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; and CommentsClose 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, 2009, and not later than April 15, 2009, 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)-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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 in its population estimates and demographic profiles from the American Community Survey, CommentsClose CommentsPermalink





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 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) 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; 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; and CommentsClose 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; CommentsClose CommentsPermalink





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





(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. CommentsClose CommentsPermalink





(c) 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) 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 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; 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. 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. CommentsClose CommentsPermalink





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





Sec. 804. 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’; and CommentsClose 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

TITLE IX--LEGISLATIVE BRANCH

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

For an additional amount for ‘Salaries and Expenses’ of the Government Accountability Office, $20,000,000, 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 State 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 undersection 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. CommentsClose CommentsPermalink





Sec. 902. Access of Government Accountability Office. 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; and CommentsClose CommentsPermalink





(2) to interview any current employee regarding such transactions. CommentsClose CommentsPermalink

TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES

DEPARTMENT OF DEFENSE

Military Construction, Army

For an additional amount for ‘Military Construction, Army’, $637,875,000, 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 Army 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’, $990,092,000, 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 Navy 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’, $871,332,000, 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 Force 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: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 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), 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 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’, $110,000,000, 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 Act 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’, $34,570,000, 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 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 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 Force 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 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 expended. CommentsClose CommentsPermalink

Administrative Provision

Sec. 1001. (a) Temporary Expansion of Homeowners Assistance Plan 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’; and CommentsClose 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 ofPublic 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; and CommentsClose 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; and CommentsClose 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 duty during a forward deployment in support of the Armed Forces; and CommentsClose CommentsPermalink





‘(ii) is reassigned in furtherance of medical treatment, rehabilitation, or due to medical retirement resulting from the sustained disability; or CommentsClose 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 in support of the Armed Forces or died from a wound, injury, or illness incurred in the line of duty during such a deployment; and CommentsClose 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; and CommentsClose 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; and CommentsClose 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; or CommentsClose 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’; and CommentsClose 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); and CommentsClose 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); or CommentsClose 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); and CommentsClose 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 orders; or CommentsClose 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)’; and CommentsClose 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)’; and CommentsClose CommentsPermalink





(C) by striking paragraph (4); and CommentsClose 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’ insection 101(a) of title 10, United States Code; CommentsClose CommentsPermalink





‘(2) the term ‘civilian employee’ has the meaning given the term ‘employee’ insection 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; or CommentsClose 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; and CommentsClose CommentsPermalink





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





‘(A) is a citizen of the United States; and CommentsClose 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 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. CommentsClose CommentsPermalink

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 non-recurring maintenance at existing medical facilities; and $323,146,000 shall be for energy efficiency initiatives. 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. CommentsClose CommentsPermalink

Departmental Administration

general operating expenses

For an additional amount for ‘General Operating Expenses’, $1,125,000, 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 execution. CommentsClose CommentsPermalink

information technology systems

For an additional amount for ‘Information Technology Systems’, $195,000,000, to remain available until September 30, 2010, of which $145,000,000 shall be for the Veterans Benefits Administration’s development 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 Code. CommentsClose CommentsPermalink

office of inspector general

For an additional amount for ‘Office of Inspector General’, $4,400,000, to remain available until September 30, 2011, for oversight and audit of programs, grants and projects funded under this title. CommentsClose CommentsPermalink

construction, major projects

For an additional amount for ‘Construction, Major Projects’, $1,105,333,000, to remain available until September 30, 2013, which shall be for acceleration and construction of ongoing and planned construction, including physical security construction, of major medical facilities and National Cemeteries consistent with the Department of Veterans Affairs’ Five Year Capital Plan:Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further, That within 30 days 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 prior to obligation. CommentsClose CommentsPermalink

construction, minor projects

For an additional amount for ‘Construction, Minor Projects’, $939,836,000, to remain available until September 30, 2010, of which $860,742,000 shall be for Veterans Health Administration minor construction; $20,300,000 shall be for Veterans Benefits Administration minor construction, including $300,000 for energy efficiency initiatives; and $29,012,000 shall be for National Cemetery Administration minor construction. CommentsClose CommentsPermalink

grants for construction of state extended care facilities

For an additional amount for ‘Grants for Construction of State Extended Care Facilities’, $257,986,000, 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 undersection 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; or CommentsClose CommentsPermalink





(B) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538); and CommentsClose 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; and CommentsClose 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; and CommentsClose 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 insection 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; or CommentsClose 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

RELATED AGENCY

DEPARTMENT OF DEFENSE--CIVIL

Cemeterial Expenses, Army

salary and expenses

For an additional amount for ‘Cemeterial Expenses, Army’, $60,300,000, to remain available until September 30, 2010, for land development, columbarium construction, and relocation of utilities at Arlington National Cemetery. 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: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 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 available for information technology security and upgrades to support mission-critical operations: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 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. CommentsClose CommentsPermalink

INTERNATIONAL COMMISSIONS

International Boundary and Water Commission, United States and Mexico

construction

(including transfer of funds)

For an additional amount for ‘Construction’ for the water quantity program to meet immediate repair and rehabilitation requirements, $224,000,000, to remain available until September 30, 2010: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. CommentsClose CommentsPermalink

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated to the President

capital investment fund

For 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 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. CommentsClose CommentsPermalink

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

For an additional amount for capital investments in surface transportation infrastructure, $5,500,000,000, to remain available until 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 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 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, 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 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 75 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 Act, 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 $5,000,000 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: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

For an additional amount for capital expenditures authorized under sections 47102(3) and 47504(c) 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 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 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 1 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

For an additional amount for restoration, repair, construction and other activities eligible under paragraph (b) ofsection 133 of title 23, United States Code, $27,060,000,000: Provided, That funds provided under this heading shall be apportioned to States using the formula set forth in section 104(b)(3) of such title: Provided further, That 180 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 grantee less the amount of funding obligated, 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’: 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 such urbanized areas and other areas shall not be subject to the redistribution of amounts required 180 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 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: 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, $500,000,000 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, $320,000,000 shall be for the Indian Reservation Roads program, $100,000,000 shall be for the Park Roads and Parkways program, $70,000,000 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 $500,000,000 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 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 2009 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 $12,000,000 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 activities carried out with funds made available to the Federal Highway Administration in this Act. CommentsClose CommentsPermalink

Federal Railroad Administration

supplemental grants to states for intercity passenger rail service

For an additional amount for discretionary grants to States to pay for the cost of projects described in paragraphs (2)(A) and (2)(B) ofsection 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 further, 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 reliability of intercity passenger trains: 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 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. CommentsClose CommentsPermalink

supplemental capital grants to the national railroad passenger corporation

For 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 Railroad Passenger Corporation: Provided further, That the Board of Directors of the corporation shall take measures to ensure that priority is given to capital projects that expand passenger rail capacity: Provided further, That the Board of Directors 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 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 provided under this heading may be used for capital projects along the Northeast Corridor. CommentsClose CommentsPermalink

high-speed rail corridor program

To 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. Comments