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

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

HR 1 EAS

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

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

CommentsClose CommentsPermalink

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

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

DIVISION A--APPROPRIATIONS PROVISIONS

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





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





TITLE III--DEPARTMENT OF DEFENSECommentsClose CommentsPermalink





TITLE IV--ENERGY AND WATER DEVELOPMENTCommentsClose CommentsPermalink





TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENTCommentsClose CommentsPermalink





TITLE VI--DEPARTMENT OF HOMELAND SECURITYCommentsClose CommentsPermalink





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





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





TITLE IX--LEGISLATIVE BRANCHCommentsClose CommentsPermalink





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





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





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





TITLE XIII--HEALTH INFORMATION TECHNOLOGYCommentsClose CommentsPermalink





TITLE XIV--STATE FISCAL STABILIZATION FUNDCommentsClose CommentsPermalink





TITLE XV--RECOVERY ACCOUNTABILITY AND TRANSPARENCYCommentsClose CommentsPermalink





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

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

TITLE I--TAX PROVISIONSCommentsClose CommentsPermalink





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





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





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





TITLE V--STATE FISCAL RELIEFCommentsClose CommentsPermalink





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





TITLE VII--LIMITS ON EXECUTIVE COMPENSATIONCommentsClose CommentsPermalink

SEC. 4. REFERENCES.

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

DIVISION A--APPROPRIATIONS PROVISIONSCommentsClose CommentsPermalink

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

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

DEPARTMENT OF AGRICULTURE

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

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

office of inspector general

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

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

Natural Resources Conservation Service

watershed and flood prevention operations

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

watershed rehabilitation program

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

rural housing insurance fund program account

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





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

rural community facilities program account

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

Rural Business--cooperative Service

rural business program account

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

Rural Utilities Service

rural water and waste disposal program account

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

distance learning, telemedicine, and broadband program

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

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

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

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

commodity assistance program

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

GENERAL PROVISIONS--THIS TITLE

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





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





(2) TERMINATION-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





(c) Administrative Expenses-CommentsClose CommentsPermalink





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





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





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





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





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





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





(e) TREATMENT OF JOBLESS WORKERS-CommentsClose CommentsPermalink





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





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





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





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





‘(7) 2008 TRANSITION ASSISTANCE-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





‘(7) 2008 TRANSITION ASSISTANCE-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





(c) EmergencyFarm Operating Loans-CommentsClose CommentsPermalink





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





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





(d) 2008 Aquaculture Assistance-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





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





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





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





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





(2) GRANT PROGRAM-CommentsClose CommentsPermalink





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





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





(C) PROVISION OF GRANTS-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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

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

DEPARTMENT OF COMMERCE

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

economic development assistance programs

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

Bureau of the Census

periodic censuses and programs

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

National Telecommunications and Information Administration

broadband technology opportunities program

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

digital-to-analog converter box program

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

National Institute of Standards and Technology

scientific and technical research and services

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

construction of research facilities

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

National Oceanic and Atmospheric Administration

operations, research, and facilities

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

procurement, acquisition and construction

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

Office of Inspector General

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

DEPARTMENT OF JUSTICE

General Administration

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

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

State and Local Law Enforcement Activities

Office on Violence Against Women

violence against women prevention and prosecution programs

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

Office of Justice Programs

state and local law enforcement assistance

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





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





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





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





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





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





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

Community Oriented Policing Services

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

Salaries and Expenses

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

SCIENCE

National Aeronautics and Space Administration

science

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

aeronautics

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

exploration

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

cross agency support

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

office of inspector general

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

National Science Foundation

research and related activities

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

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

major research equipment and facilities construction

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

office of inspector general

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

GENERAL PROVISION--THIS TITLE

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

TITLE III--DEPARTMENT OF DEFENSE

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

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

Operation and Maintenance, Air National Guard

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Defense-WideArmy

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

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

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

Office of the Inspector General

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

TITLE IV--ENERGY AND WATER DEVELOPMENT

DEPARTMENT OF DEFENSE--CIVIL

Department of the Army

Corps of Engineers--Civil

investigations

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

construction

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

mississippi river and tributaries

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

operation and maintenance

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

regulatory program

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

formerly utilized sites remedial action program

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

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

water and related resources

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

DEPARTMENT OF ENERGY

Energy Programsenergy efficiency and renewable eNERGY PROGRAMS

Energy Efficiency and Renewable Energy

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

Electricity Delivery and Energy Reliability

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

Fossil Energy Research and Development

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

Non-Defense Environmental Cleanup

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

Uranium Enrichment Decontamination and Decommissioning Fund

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

Science

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

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

Title 17--Innovative Technology Loan Guarantee Program

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

Office of the Inspector General

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

ATOMIC ENERGYENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

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

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

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

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

GENERAL PROVISIONS--THIS TITLE

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





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

‘TITLE III--BORROWING AUTHORITYCommentsClose CommentsPermalink

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

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





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





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





‘(b) Authority-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





‘(A) each other such project; andCommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





‘(d) Certification-CommentsClose CommentsPermalink





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





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





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





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





‘(2) FORGIVENESS OF BALANCES-CommentsClose CommentsPermalink





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





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





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





‘(e) Public Processes-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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

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

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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





(i) by the State; orCommentsClose CommentsPermalink





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





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





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





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





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

TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

DEPARTMENT OF THE TREASURY

Community Development Treasury Inspector General for Tax Administration

Community Development Financial Institutions Fund Program Account

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

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

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

GENERAL SERVICES ADMINISTRATION

Real Property Activities

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

(INCLUDING TRANSFER OF FUNDS)

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

Energy-Efficient Federal Motor Vehicle Fleet Procurement

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

Office of Inspector General

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

RECOVERY ACT ACCOUNTABILITY AND TRANSPARENCY BOARD

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

SMALL BUSINESS ADMINISTRATION

Salaries and Expenses

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

Office of Inspector General

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

Surety Bond Guarantees Revolving Fund

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

Business Loans Program Account

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

Administrative Provisions--Small Business Administration

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





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





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





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





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





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





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





(2) REIMBURSEMENT FOR WAIVED FEES-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





(c) QUALIFIED BORROWERS-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





(c) ESTABLISHMENT OF AUTHORITY-CommentsClose CommentsPermalink





(1) ORGANIZATION-CommentsClose CommentsPermalink





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





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





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





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





(2) GUARANTEE PROCESS-CommentsClose CommentsPermalink





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





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





(3) RESPONSIBILITIES-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





(d) LIMITATIONS-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





‘(7) PERMISSIBLE DEBT REFINANCING-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





SEC. 505. INCREASING SMALL BUSINESS INVESTMENT. (a) SIMPLIFIED MAXIMUM LEVERAGE- Section 303(b) of the Small Business LIMITS- Section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended--(A) in paragraph (2), by striking subparagraphs (A), (B), and (C) and inserting the following: as follows:CommentsClose CommentsPermalink





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





‘(2) MAXIMUM LEVERAGE-CommentsClose CommentsPermalink





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





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





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





‘(B) MULTIPLE LICENSES UNDER COMMON CONTROL- The maximum amount of outstanding leverage made available to 2two or more companies licensed under section 301(c) that are of this Act that are commonly controlled (as determined by the Administrator) and not under capital impairment may not exceed $225,000,000.‘(C) INVESTMENTS IN LOW-INCOME GEOGRAPHIC AREAS-‘(i) IN GENERAL-’;CommentsClose CommentsPermalink





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





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





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





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





‘(ii) APPLICABILITY-i) A company described in this clause is a company licensed under section 301(c) in the first fiscal year after the date of enactment of this clause or any fiscal year thereafter that certifies in writing that not less than 50 percent of the dollar amount of investments of that company shall be made in companies that are located in a low-income geographic area (as that term is defined in section 351).’; and(B) by striking paragraph (4).(2).CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





(c) Maximum 504 Loan Size- Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended--(1) in clause (i), by striking ‘$1,500,000’ and inserting ‘$3,000,000’;(2) in clause (ii), by striking ‘$2,000,000’ and inserting ‘$3,500,000’; and(3) in clause (iii), by striking ‘$4,000,000’ and inserting ‘$5,500,000’.Sec. 503. Low-Interest Refinancing. Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following:‘(7) PERMISSIBLE DEBT FINANCING- A financing under this title may include refinancing of existing indebtedness, in an amount not to exceed 50 percent of the projected cost of the project financed under this title, if--‘(A) the project financed under this title involves the expansion of a small business concern;‘(B) the existing indebtedness is collateralized by fixed assets;‘(C) the existing indebtedness was incurred for the benefit of the small business concern;‘(D) the proceeds of the existing indebtedness were used to acquire land (including a building situated thereon), to construct or expand a building thereon, or to purchase equipment;‘(E) the borrower has been current on all payments due on the existing indebtedness for not less than 1 year preceding the proposed date of refinancing;‘(F) the financing under this title will provide better terms or a better rate of interest than exists on the existing indebtedness on the proposed date of refinancing;‘(G) the financing under this title is not being used to refinance any debt guaranteed by the Government; and‘(H) the financing under this title will be used only for--‘(i) refinancing existing indebtedness; or‘(ii) costs relating to the project financed under this title.’.Sec. 504. Definitions. Under the heading ‘Small Business Administration’ in this title--(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively;(2) the term ‘development company’ has the meaning given the term ‘development companies’ in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); and(3) the term ‘small business concern’ has the same meaning as in section 3QUALIFYING SMALL BUSINESS LOAN- A loan made to a small business concern that meets the eligibility standards in section 7(a) of the Small Business Act (15 U.S.C. 632)6(a)) but shall not include loans guarantees (or loan guarantee commitments made) by the Administrator prior to the date of enactment of this Act.CommentsClose CommentsPermalink





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





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





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





(1) carry a 100 percent guaranty; andCommentsClose CommentsPermalink





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





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





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





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





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





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





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





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

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





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

SEC. 5058. SURETY BONDS.

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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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

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





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





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





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





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





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





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





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





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





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





(A) ORGANIZATION-CommentsClose CommentsPermalink





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





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





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





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





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





(B) LOANS-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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





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

TITLE VI--DEPARTMENT OF HOMELAND SECURITYDEPARTMENT OF HOMELAND SECURITY

Office of the Under Secretary for Management

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

office of inspector general

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

U.S. Customs and Border Protection

salaries and expenses

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

border security fencing, infrastructure, and technology

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

construction

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

U.S. Immigration and Customs Enforcement

automation modernization

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

Transportation Security Administration

aviation security

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

Coast Guard

acquisition, construction, and improvements

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

alteration of bridges

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

Federal Emergency Management Agency

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

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





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





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

firefighter assistance grants

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

disaster assistance direct loan program account

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

emergency food and shelter

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

GENERAL PROVISIONS--THIS TITLE

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





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





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





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





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





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





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





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





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





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





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





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





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





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





(2) Emergency procurements.CommentsClose CommentsPermalink





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





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





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





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





(j) Training During Fiscal Year 2009-CommentsClose CommentsPermalink





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





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





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





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

TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

management of lands and resources

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

construction

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

wildland fire management

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

United States Fish and Wildlife Service

resource management

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

construction

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

National Park Service

operation of the national park system

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

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

construction

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

United States Geological Survey

surveys, investigations, and research

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

Bureau of Indian Affairs

operation of indian programs

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

construction

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

indian guaranteed loan program account

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

Office of Inspector General

salaries and expenses

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

ENVIROMENTAL PROTECTION AGENCY

Hazardous Substance Superfund

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

Leaking Underground Storage Tank Trust Fund Program

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

State and Tribal Assistance Grants

(including transfers of funds)

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





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





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





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

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

DEPARTMENT OF AGRICULTURE

Forest Service

capital improvement and maintenance

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

wildland fire management

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

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

indian health facilities

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

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

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

GENERAL PROVISIONS--THIS TITLE

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





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





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





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

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

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

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





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





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





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





(4) $200,000,000 for national emergency grants;(5) $250,000,000 under the dislocated worker national reserve for a program of competitive grants for worker training in high growth and emerging industry sectors and assistance under 132(b)(2)(A) of the WIA:Provided, That the Secretary of Labor shall give priority when awarding such grants to projects that prepare workers for careers in energy efficiency and renewable energy as described in section 171(e)(1)(B) of the WIA and for careers in the health care sector; and(6) $100,000,000 for YouthBuild activities as described in section 173A of the WIA:Provided, That for program years 2008 and 2009, thethe dislocated workers assistance national reserve;CommentsClose CommentsPermalink





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





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





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

community service employment for older americans

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

state unemployment insurance and employment service operations

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

Departmental Management

office of job corps

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

office of inspector general

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

health resources and services

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





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





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





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





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

National Institutes of Health

national center for research resources

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

office of the director

(including transfer of funds)

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

buildings and facilities

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

Agency for Healthcare Research and Quality

healthcare research and quality

(including transfer of funds)

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





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

Administration for Children and Families

payments to states for the child care and development block grant

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

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

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





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





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





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





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

Administration on Aging

aging services programs

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

Office of the Secretary

office of the national coordinator for health information technology

(including transfer of funds)

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

office of inspector general

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

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

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

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

School Improvement Programs

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

special e Innovation and Improvement

Special Education

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

Rehabilitation Services and Disability Research

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

Student Financial Assistance

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





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

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

Higher Education

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

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

Departmental Management

office of the inspector general

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

RELATED AGENCIES

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

(including transfer of funds)

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

Office of the InspectorInspector General

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

National Service Trust

(including transfer of funds)

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

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

(INCLUDING TRANSFER OF FUNDS)

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





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





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

Office of Inspector General

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

GENERAL PROVISIONS--THIS TITLE

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





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





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





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