U.S. Congress - Text of H.R.679 as Reported in House American Recovery and Reinvestment Act of 2009
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Donate NowH.R.679 - American Recovery and Reinvestment Act of 2009
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.
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HR 679 RHCommentsClose CommentsPermalink
Union Calendar No. 1CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 679CommentsClose CommentsPermalink
[Report No. 111-4]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
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
January 26, 2009CommentsClose CommentsPermalink
January 26, 2009CommentsClose CommentsPermalink
Mr. OBEY, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printedCommentsClose CommentsPermalink
A BILLCommentsClose 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
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
TITLE I--GENERAL PROVISIONSCommentsClose CommentsPermalink
TITLE II--AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENTCommentsClose CommentsPermalink
TITLE III--COMMERCE, JUSTICE, AND SCIENCECommentsClose CommentsPermalink
TITLE IV--DEFENSECommentsClose CommentsPermalink
TITLE V--ENERGY AND WATERCommentsClose CommentsPermalink
TITLE VI--FINANCIAL SERVICES AND GENERAL GOVERNMENTCommentsClose CommentsPermalink
TITLE VII--HOMELAND SECURITYCommentsClose CommentsPermalink
TITLE VIII--INTERIOR AND ENVIRONMENTCommentsClose CommentsPermalink
TITLE IX--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATIONCommentsClose CommentsPermalink
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRSCommentsClose CommentsPermalink
TITLE XI--DEPARTMENT OF STATECommentsClose CommentsPermalink
TITLE XII--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENTCommentsClose CommentsPermalink
TITLE XIII--STATE FISCAL STABILIZATION FUNDCommentsClose CommentsPermalink
SEC. 3. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes.CommentsClose CommentsPermalink
TITLE I--GENERAL PROVISIONSCommentsClose CommentsPermalink
TITLE I--GENERAL PROVISIONSCommentsClose CommentsPermalink
Subtitle A--Use of FundsCommentsClose CommentsPermalink
Subtitle A--Use of FundsCommentsClose CommentsPermalink
SEC. 1101. PURPOSES AND PRINCIPLES.
(a) Statement of Purposes- The purposes of this Act include the following:CommentsClose CommentsPermalink
(1) To preserve and create jobs and promote economic recovery.CommentsClose CommentsPermalink
(2) To assist those most impacted by the recession.CommentsClose CommentsPermalink
(3) To provide investments needed to increase economic efficiency by spurring technological advances in science and health.CommentsClose CommentsPermalink
(4) To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits.CommentsClose CommentsPermalink
(5) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases.CommentsClose CommentsPermalink
(b) General Principles Concerning Use of Funds- The President and the heads of Federal departments and agencies shall manage and expend the funds made available in this Act so as to achieve the purposes specified in subsection (a), including commencing expenditures and activities as quickly as possible consistent with prudent management.CommentsClose CommentsPermalink
SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES.
In using funds made available in this Act for infrastructure investment, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act. Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit.CommentsClose CommentsPermalink
SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS.
(a) Formula Grants- Formula grants using funds made available in this Act shall be awarded not later than 30 days after the date of the enactment of this Act (or, in the case of appropriations not available upon enactment, not later than 30 days after the appropriation becomes available for obligation), unless expressly provided otherwise in this Act.CommentsClose CommentsPermalink
(b) Competitive Grants- Competitive grants using funds made available in this Act shall be awarded not later than 90 days after the date of the enactment of this Act (or, in the case of appropriations not available upon enactment, not later than 90 days after the appropriation becomes available for obligation), unless expressly provided otherwise in this Act.CommentsClose CommentsPermalink
(c) Additional Period for New Programs- The time limits specified in subsections (a) and (b) may each be extended by up to 30 days in the case of grants for which funding was not provided in fiscal year 2008.CommentsClose CommentsPermalink
SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANTEES.
(a) Deadline for Binding Commitments- Each recipient of a grant made using amounts made available in this Act in any account listed in subsection (c) shall enter into contracts or other binding commitments not later than 1 year after the date of the enactment of this Act (or not later than 9 months after the grant is awarded, if later) to make use of 50 percent of the funds awarded, and shall enter into contracts or other binding commitments not later than 2 years after the date of the enactment of this Act (or not later than 21 months after the grant is awarded, if later) to make use of the remaining funds. In the case of activities to be carried out directly by a grant recipient (rather than by contracts, subgrants, or other arrangements with third parties), a certification by the recipient specifying the amounts, planned timing, and purpose of such expenditures shall be deemed a binding commitment for purposes of this section.CommentsClose CommentsPermalink
(b) Redistribution of Uncommitted Funds- The head of the Federal department or agency involved shall recover or deobligate any grant funds not committed in accordance with subsection (a), and redistribute such funds to other recipients eligible under the grant program and able to make use of such funds in a timely manner (including binding commitments within 120 days after the reallocation).CommentsClose CommentsPermalink
(c) Appropriations to Which This Section Applies- This section shall apply to grants made using amounts appropriated in any of the following accounts within this Act:CommentsClose CommentsPermalink
(1) ‘Environmental Protection Agency--State and Tribal Assistance Grants’.CommentsClose CommentsPermalink
(2) ‘Department of Transportation--Federal Aviation Administration--Grants-in-Aid for Airports’.CommentsClose CommentsPermalink
(3) ‘Department of Transportation--Federal Railroad Administration--Capital Assistance for Intercity Passenger Rail Service’.CommentsClose CommentsPermalink
(4) ‘Department of Transportation--Federal Transit Administration--Capital Investment Grants’.CommentsClose CommentsPermalink
(5) ‘Department of Transportation--Federal Transit Administration--Fixed Guideway Infrastructure Investment’.CommentsClose CommentsPermalink
(6) ‘Department of Transportation--Federal Transit Administration--Transit Capital Assistance’.CommentsClose CommentsPermalink
(7) ‘Department of Housing and Urban Development--Public and Indian Housing--Public Housing Capital Fund’.CommentsClose CommentsPermalink
(8) ‘Department of Housing and Urban Development--Public and Indian Housing--Elderly, Disabled, and Section 8 Assisted Housing Energy Retrofit’.CommentsClose CommentsPermalink
(9) ‘Department of Housing and Urban Development--Public and Indian Housing--Native American Housing Block Grants’.CommentsClose CommentsPermalink
(10) ‘Department of Housing and Urban Development--Community Planning and Development--HOME Investment Partnerships Program’.CommentsClose CommentsPermalink
(11) ‘Department of Housing and Urban Development--Community Planning and Development--Self-Help and Assisted Homeownership Opportunity Program’.CommentsClose CommentsPermalink
SEC. 1105. PERIOD OF AVAILABILITY.
(a) In General- All funds appropriated in this Act shall remain available for obligation until September 30, 2010, unless expressly provided otherwise in this Act.CommentsClose CommentsPermalink
(b) Reobligation- Amounts that are not needed or cannot be used under title X of this Act for the activity for which originally obligated may be deobligated and, notwithstanding the limitation on availability specified in subsection (a), reobligated for other activities that have received funding from the same account or appropriation in such title.CommentsClose CommentsPermalink
SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT.
Unless other provision is made in this Act (or in other applicable law) for such expenses, up to 0.5 percent of each amount appropriated in this Act 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. Funds set aside under this section shall remain available for obligation until September 30, 2012.CommentsClose CommentsPermalink
SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL.
In addition to funds otherwise made available in this Act, there are hereby appropriated the following sums to the specified Offices of Inspector General, to remain available until September 30, 2013, for oversight and audit of programs, grants, and projects funded under this Act:CommentsClose CommentsPermalink
(1) ‘Department of Agriculture--Office of Inspector General’, $22,500,000.CommentsClose CommentsPermalink
(2) ‘Department of Commerce--Office of Inspector General’, $10,000,000.CommentsClose CommentsPermalink
(3) ‘Department of Defense--Office of the Inspector General’, $15,000,000.CommentsClose CommentsPermalink
(4) ‘Department of Education--Departmental Management--Office of the Inspector General’, $14,000,000.CommentsClose CommentsPermalink
(5) ‘Department of Energy--Office of Inspector General’, $15,000,000.CommentsClose CommentsPermalink
(6) ‘Department of Health and Human Services--Office of the Secretary--Office of Inspector General’, $19,000,000.CommentsClose CommentsPermalink
(7) ‘Department of Homeland Security--Office of Inspector General’, $2,000,000.CommentsClose CommentsPermalink
(8) ‘Department of Housing and Urban Development--Management and Administration--Office of Inspector General’, $15,000,000.CommentsClose CommentsPermalink
(9) ‘Department of the Interior--Office of Inspector General’, $15,000,000.CommentsClose CommentsPermalink
(10) ‘Department of Justice--Office of Inspector General’, $2,000,000.CommentsClose CommentsPermalink
(11) ‘Department of Labor--Departmental Management--Office of Inspector General’, $6,000,000.CommentsClose CommentsPermalink
(12) ‘Department of Transportation--Office of Inspector General’, $20,000,000.CommentsClose CommentsPermalink
(13) ‘Department of Veterans Affairs--Office of Inspector General’, $1,000,000.CommentsClose CommentsPermalink
(14) ‘Environmental Protection Agency--Office of Inspector General’, $20,000,000.CommentsClose CommentsPermalink
(15) ‘General Services Administration--General Activities--Office of Inspector General’, $15,000,000.CommentsClose CommentsPermalink
(16) ‘National Aeronautics and Space Administration--Office of Inspector General’, $2,000,000.CommentsClose CommentsPermalink
(17) ‘National Science Foundation--Office of Inspector General’, $2,000,000.CommentsClose CommentsPermalink
(18) ‘Small Business Administration--Office of Inspector General’, $10,000,000.CommentsClose CommentsPermalink
(19) ‘Social Security Administration--Office of Inspector General’, $2,000,000.CommentsClose CommentsPermalink
(20) ‘Corporation for National and Community Service--Office of Inspector General’, $1,000,000.CommentsClose CommentsPermalink
SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNTABILITY OFFICE.
There is hereby appropriated as an additional amount for ‘Government Accountability Office--Salaries and Expenses’ $25,000,000, for oversight activities relating to this Act.CommentsClose CommentsPermalink
SEC. 1109. PROHIBITED USES.
None of the funds appropriated or otherwise made available in this Act may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.CommentsClose CommentsPermalink
SEC. 1110. USE OF AMERICAN IRON AND STEEL.
(a) In General- None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron and steel used in the project is produced in the United States.CommentsClose CommentsPermalink
(b) Exceptions- Subsection (a) shall not apply in any case in which the head of the Federal department or agency involved finds that--CommentsClose CommentsPermalink
(1) applying subsection (a) would be inconsistent with the public interest;CommentsClose CommentsPermalink
(2) iron and steel are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; orCommentsClose CommentsPermalink
(3) inclusion of iron and steel produced in the United States will increase the cost of the overall project by more than 25 percent.CommentsClose CommentsPermalink
(c) Written Justification for Waiver- If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived.CommentsClose CommentsPermalink
(d) Definitions- In this section, the terms ‘public building’ and ‘public work’ have the meanings given such terms in section 1 of the Buy American Act (
SEC. 1111. WAGE RATE REQUIREMENTS.
Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
SEC. 1112. RELATIONSHIP TO OTHER APPROPRIATIONS.
Each amount appropriated or made available in this Act is in addition to amounts otherwise appropriated for the fiscal year involved. Enactment of this Act shall have no effect on the availability of amounts under the Continuing Appropriations Resolution, 2009 (division A of
SEC. 1113. EMERGENCY DESIGNATION.
Each amount in this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 1114. ADDITIONAL ASSURANCE OF APPROPRIATE USE OF FUNDS.
None of the funds provided by this Act may be made available to the State of Illinois, or any agency of the State, unless (1) the use of such funds by the State is approved in legislation enacted by the State after the date of the enactment of this Act, or (2) Rod R. Blagojevich no longer holds the office of Governor of the State of Illinois. The preceding sentence shall not apply to any funds provided directly to a unit of local government (1) by a Federal department or agency or (2) by an established formula from the State.CommentsClose CommentsPermalink
SEC. 1115. PERSISTENT POVERTY COUNTIES.
(a) Allocation Requirement- Of the amount appropriated in this Act for at least 10 percent shall be allocated for assistance in persistent poverty counties.CommentsClose CommentsPermalink
(b) Definition- For 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
SEC. 1116. REQUIRED PARTICIPATION IN E-VERIFY PROGRAM.
None of the funds made available in this Act may be used to enter into a contract with an entity that does not participate in the E-verify program described in section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
Subtitle B--Accountability in Recovery Act SpendingCommentsClose CommentsPermalink
Subtitle B--Accountability in Recovery Act SpendingCommentsClose CommentsPermalink
PART 1--TRANSPARENCY AND OVERSIGHT REQUIREMENTS
SEC. 1201. TRANSPARENCY REQUIREMENTS.
(a) Requirements for Federal Agencies- Each Federal agency shall publish on the website Recovery.gov (as established under section 1226 of this subtitle)--CommentsClose CommentsPermalink
(1) a plan for using funds made available in this Act to the agency; andCommentsClose CommentsPermalink
(2) all announcements for grant competitions, allocations of formula grants, and awards of competitive grants using those funds.CommentsClose CommentsPermalink
(b) Requirements for Federal, State, and Local Government Agencies-CommentsClose CommentsPermalink
(1) INFRASTRUCTURE INVESTMENT FUNDING- With respect to funds made available under this Act for infrastructure investments to Federal, State, or local government agencies, the following requirements apply:CommentsClose CommentsPermalink
(A) Each such agency shall notify the public of funds obligated to particular infrastructure investments by posting the notification on the website Recovery.gov.CommentsClose CommentsPermalink
(B) The notification required by subparagraph (A) shall include the following:CommentsClose CommentsPermalink
(i) A description of the infrastructure investment funded.CommentsClose CommentsPermalink
(ii) The purpose of the infrastructure investment.CommentsClose CommentsPermalink
(iii) The total cost of the infrastructure investment.CommentsClose CommentsPermalink
(iv) The rationale of the agency for funding the infrastructure investment with funds made available under this Act.CommentsClose CommentsPermalink
(v) The name of the person to contact at the agency if there are concerns with the infrastructure investment and, with respect to Federal agencies, an email address for the Federal official in the agency whom the public can contact.CommentsClose CommentsPermalink
(vi) In the case of State or local agencies, a certification from the Governor, mayor, or other chief executive, as appropriate, that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. A State or local agency may not receive infrastructure investment funding from funds made available in this Act unless this certification is made.CommentsClose CommentsPermalink
(2) OPERATIONAL FUNDING- With respect to funds made available under this Act in the form of grants for operational purposes to State or local government agencies or other organizations, the agency or organization shall publish on the website Recovery.gov a description of the intended use of the funds, including the number of jobs sustained or created.CommentsClose CommentsPermalink
(c) Availability on Internet of Contracts and Grants- Each contract awarded or grant issued using funds made available in this Act shall be posted on the Internet and linked to the website Recovery.gov. Proprietary data that is required to be kept confidential under applicable Federal or State law or regulation shall be redacted before posting.CommentsClose CommentsPermalink
SEC. 1202. INSPECTOR GENERAL REVIEWS.
(a) Reviews- Any inspector general of a Federal department or executive agency shall review, as appropriate, any concerns raised by the public about specific investments using funds made available in this Act. Any findings of an inspector general resulting from such a review shall be relayed immediately to the head of each department and agency. In addition, the findings of such reviews, along with any audits conducted by any inspector general of funds made available in this Act, shall be posted on the Internet and linked to the website Recovery.gov.CommentsClose CommentsPermalink
(b) Examination of Records- The Inspector General of the agency concerned may examine any records related to obligations of funds made available in this Act.CommentsClose CommentsPermalink
SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE REVIEWS AND REPORTS.
(a) Reviews and Reports- The Comptroller General of the United States shall conduct bimonthly reviews and prepare reports on such reviews on the use by selected States and localities of funds made available in this Act. Such reports, along with any audits conducted by the Comptroller General of such funds, shall be posted on the Internet and linked to the website Recovery.gov.CommentsClose CommentsPermalink
(b) Examination of Records- The Comptroller General may examine any records related to obligations of funds made available in this Act.CommentsClose CommentsPermalink
SEC. 1204. COUNCIL OF ECONOMIC ADVISERS REPORTS.
The Chairman of the Council of Economic Advisers, in consultation with the Director of the Office of Management and Budget and the Secretary of the Treasury, shall submit quarterly reports to Congress detailing the estimated impact of programs under this Act on employment, economic growth, and other key economic indicators.CommentsClose CommentsPermalink
SEC. 1205. SPECIAL CONTRACTING PROVISIONS.
The Federal Acquisition Regulation shall apply to contracts awarded with funds made available in this Act. To the maximum extent possible, such contracts shall be awarded as fixed-price contracts through the use of competitive procedures. Existing contracts so awarded may be utilized in order to obligate such funds expeditiously. Any contract awarded with such funds that is not fixed-price and not awarded using competitive procedures shall be posted in a special section of the website Recovery.gov.CommentsClose CommentsPermalink
PART 2--ACCOUNTABILITY AND TRANSPARENCY BOARD
SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND TRANSPARENCY BOARD.
There is established a board to be known as the ‘Recovery Act Accountability and Transparency Board’ (hereafter in this subtitle referred to as the ‘Board’) to coordinate and conduct oversight of Federal spending under this Act to prevent waste, fraud, and abuse.CommentsClose CommentsPermalink
SEC. 1222. COMPOSITION OF BOARD.
(a) Membership- The Board shall be composed of seven members as follows:CommentsClose CommentsPermalink
(1) The Chief Performance Officer of the President, who shall chair the Board.CommentsClose CommentsPermalink
(2) Six members designated by the President from the inspectors general and deputy secretaries of the Departments of Education, Energy, Health and Human Services, Transportation, and other Federal departments and agencies to which funds are made available in this Act.CommentsClose CommentsPermalink
(b) Terms- Each member of the Board shall serve for a term to be determined by the President.CommentsClose CommentsPermalink
SEC. 1223. FUNCTIONS OF THE BOARD.
(a) Oversight- The Board shall coordinate and conduct oversight of spending under this Act to prevent waste, fraud, and abuse. In addition to responsibilities set forth in this subtitle, the responsibilities of the Board shall include the following:CommentsClose CommentsPermalink
(1) Ensuring that the reporting of information regarding contract and grants under this Act meets applicable standards and specifies the purpose of the contract or grant and measures of performance.CommentsClose CommentsPermalink
(2) Verifying that competition requirements applicable to contracts and grants under this Act and other applicable Federal law have been satisfied.CommentsClose CommentsPermalink
(3) Investigating spending under this Act to determine whether wasteful spending, poor contract or grant management, or other abuses are occurring.CommentsClose CommentsPermalink
(4) Reviewing whether there are sufficient qualified acquisition and grant personnel overseeing spending under this Act.CommentsClose CommentsPermalink
(5) Reviewing whether acquisition and grant personnel receive adequate training and whether there are appropriate mechanisms for interagency collaboration.CommentsClose CommentsPermalink
(b) Reports-CommentsClose CommentsPermalink
(1) FLASH AND OTHER REPORTS- The Board shall submit to Congress reports, to be known as ‘flash reports’, on potential management and funding problems that require immediate attention. The Board also shall submit to Congress such other reports as the Board considers appropriate on the use and benefits of funds made available in this Act.CommentsClose CommentsPermalink
(2) QUARTERLY- The Board shall submit to the President and Congress quarterly reports summarizing its findings and the findings of agency inspectors general and may issue additional reports as appropriate.CommentsClose CommentsPermalink
(3) ANNUALLY- On an annual basis, the Board shall prepare a consolidated report on the use of funds under this Act. All reports shall be publicly available and shall be posted on the Internet website Recovery.gov, except that portions of reports may be redacted if the portions would disclose information that is protected from public disclosure under
(c) Recommendations to Agencies- The Board shall make recommendations to Federal agencies on measures to prevent waste, fraud, and abuse. A Federal agency shall, within 30 days after receipt of any such recommendation, submit to the Board, the President, and the congressional committees of jurisdiction a report on whether the agency agrees or disagrees with the recommendations and what steps, if any, the agency plans to take to implement the recommendations.CommentsClose CommentsPermalink
SEC. 1224. POWERS OF THE BOARD.
(a) Coordination of Audits and Investigations by Agency Inspectors General- The Board shall coordinate the audits and investigations of spending under this Act by agency inspectors general.CommentsClose CommentsPermalink
(b) Conduct of Reviews by Board- The Board may conduct reviews of spending under this Act and may collaborate on such reviews with any inspector general.CommentsClose CommentsPermalink
(c) Meetings- The Board may, for the purpose of carrying out its duties under this Act, hold public meetings, sit and act at times and places, and receive information as the Board considers appropriate. The Board shall meet at least once a month.CommentsClose CommentsPermalink
(d) Obtaining Official Data- The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the Chairman of the Board, the head of that department or agency shall furnish that information to the Board.CommentsClose CommentsPermalink
(e) Contracts- The Board may enter into contracts to enable the Board to discharge its duties under this Act.CommentsClose CommentsPermalink
SEC. 1225. STAFFING.
(a) Executive Director- The Chairman of the Board may appoint and fix the compensation of an executive director and other personnel as may be required to carry out the functions of the Board. The Director shall be paid at the rate of basic pay for level IV of the Executive Schedule.CommentsClose CommentsPermalink
(b) Staff of Federal Agencies- Upon request of the Board, the head of any Federal department or agency may detail any Federal official or employee, including officials and employees of offices of inspector general, to the Board without reimbursement from the Board, and such detailed staff shall retain the rights, status, and privileges of his or her regular employment without interruption.CommentsClose CommentsPermalink
(c) Office Space- Office space shall be provided to the Board within the Executive Office of the President.CommentsClose CommentsPermalink
SEC. 1226. RECOVERY.GOV.
(a) Requirement To Establish Website- The Board shall establish and maintain a website on the Internet to be named Recovery.gov, to foster greater accountability and transparency in the use of funds made available in this Act.CommentsClose CommentsPermalink
(b) Purpose- Recovery.gov shall be a portal or gateway to key information related to this Act and provide a window to other Government websites with related information.CommentsClose CommentsPermalink
(c) Matters Covered- In establishing the website Recovery.gov, the Board shall ensure the following:CommentsClose CommentsPermalink
(1) The website shall provide materials explaining what this Act means for citizens. The materials shall be easy to understand and regularly updated.CommentsClose CommentsPermalink
(2) The website shall provide accountability information, including a database of findings from audits, inspectors general, and the Government Accountability Office.CommentsClose CommentsPermalink
(3) The website shall provide data on relevant economic, financial, grant, and contract information in user-friendly visual presentations to enhance public awareness of the use funds made available in this Act.CommentsClose CommentsPermalink
(4) The website shall provide detailed data on contracts awarded by the Government for purposes of carrying out this Act, including information about the competitiveness of the contracting process, notification of solicitations for contracts to be awarded, and information about the process that was used for the award of contracts.CommentsClose CommentsPermalink
(5) The website shall include printable reports on funds made available in this Act obligated by month to each State and congressional district.CommentsClose CommentsPermalink
(6) The website shall provide a means for the public to give feedback on the performance of contracts awarded for purposes of carrying out this Act.CommentsClose CommentsPermalink
(7) The website shall be enhanced and updated as necessary to carry out the purposes of this subtitle.CommentsClose CommentsPermalink
SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF INSPECTORS GENERAL.
Inspectors general shall retain independent authority to determine whether to conduct an audit or investigation of spending under this Act. If the Board requests that an inspector general conduct or refrain from conducting an audit or investigation and the inspector general rejects the request in whole or in part, the inspector general shall, within 30 days after receipt of the request, submit to the Board, the agency head, and the congressional committees of jurisdiction a report explaining why the inspector general has rejected the request in whole or in part.CommentsClose CommentsPermalink
SEC. 1228. COORDINATION WITH THE COMPTROLLER GENERAL AND STATE AUDITORS.
The Board shall coordinate its oversight activities with the Comptroller General of the United States and State auditor generals.CommentsClose CommentsPermalink
SEC. 1229. INDEPENDENT ADVISORY PANEL.
(a) Establishment- There is established a panel to be known as the ‘Independent Advisory Panel’ to advise the Board.CommentsClose CommentsPermalink
(b) Membership- The Panel shall be composed of five members appointed by the President from among individuals with expertise in economics, public finance, contracting, accounting, or other relevant fields.CommentsClose CommentsPermalink
(c) Functions- The Panel shall make recommendations to the Board on actions the Board could take to prevent waste, fraud, and abuse in Federal spending under this Act.CommentsClose CommentsPermalink
(d) Travel Expenses- Each member of the Panel shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
SEC. 1230. FUNDING.
There is hereby appropriated to the Board $14,000,000 to carry out this subtitle.CommentsClose CommentsPermalink
SEC. 1231. BOARD TERMINATION.
The Board shall terminate 12 months after 90 percent of the funds made available under this Act have been expended, as determined by the Director of the Office of Management and Budget.CommentsClose CommentsPermalink
PART 3--ADDITIONAL ACCOUNTABILITY AND TRANSPARENCY PROVISIONS
SEC. 1241. LIMITATION ON THE LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.
No contract entered into using funds made available in this Act pursuant to the authority provided in section 303(c)(2) of the Federal Property and Administrative Services Act of 1949 (
(1) may exceed the time necessary--CommentsClose CommentsPermalink
(A) to meet the unusual and compelling requirements of the work to be performed under the contract; andCommentsClose CommentsPermalink
(B) for the executive agency to enter into another contract for the required goods or services through the use of competitive procedures; andCommentsClose CommentsPermalink
(2) may exceed one year unless the head of the executive agency entering into such contract determines that exceptional circumstances apply.CommentsClose CommentsPermalink
SEC. 1242. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE AND OFFICES OF INSPECTOR GENERAL TO CERTAIN EMPLOYEES.
(a) Access- Each contract awarded using funds made available in this Act shall provide that the Comptroller General and his representatives, and any representatives of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), are authorized--CommentsClose CommentsPermalink
(1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; andCommentsClose CommentsPermalink
(2) to interview any current employee regarding such transactions.CommentsClose CommentsPermalink
(b) Relationship to Existing Authority- Nothing in this section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General or an Inspector General.CommentsClose CommentsPermalink
SEC. 1243. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR WHISTLEBLOWERS.
(a) Prohibition of Reprisals- An employee of any non-Federal employer receiving funds made available in this Act may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to the Board, an inspector general, the Comptroller General, a member of Congress, or a Federal agency head, or their representatives, information that the employee reasonably believes is evidence of--CommentsClose CommentsPermalink
(1) gross mismanagement of an executive agency contract or grant;CommentsClose CommentsPermalink
(2) a gross waste of executive agency funds;CommentsClose CommentsPermalink
(3) a substantial and specific danger to public health or safety; orCommentsClose CommentsPermalink
(4) a violation of law related to an executive agency contract (including the competition for or negotiation of a contract) or grant awarded or issued to carry out this Act.CommentsClose CommentsPermalink
(b) Investigation of Complaints-CommentsClose CommentsPermalink
(1) A person who believes that the person has been subjected to a reprisal prohibited by subsection (a) may submit a complaint to the inspector general of the executive agency that awarded the contract or issued the grant. Unless the inspector general determines that the complaint is frivolous, the inspector general shall investigate the complaint and, upon completion of such investigation, submit a report of the findings of the investigation to the person, the person’s employer, the head of the Federal agency that awarded the contract or issued the grant, and the Board.CommentsClose CommentsPermalink
(2)(A) Except as provided under subparagraph (B), the inspector general shall make a determination that a complaint is frivolous or submit a report under paragraph (1) within 180 days after receiving the complaint.CommentsClose CommentsPermalink
(B) If the inspector general is unable to complete an investigation in time to submit a report within the 180-day period specified in subparagraph (A) and the person submitting the complaint agrees to an extension of time, the inspector general shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the inspector general and the person submitting the complaint.CommentsClose CommentsPermalink
(c) Remedy and Enforcement Authority-CommentsClose CommentsPermalink
(1) Not later than 30 days after receiving an inspector general report pursuant to subsection (b), the head of the agency concerned shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief or shall take one or more of the following actions:CommentsClose CommentsPermalink
(A) Order the employer to take affirmative action to abate the reprisal.CommentsClose CommentsPermalink
(B) Order the employer to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.CommentsClose CommentsPermalink
(C) Order the employer to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency.CommentsClose CommentsPermalink
(2) If the head of an executive agency issues an order denying relief under paragraph (1) or has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of time under paragraph (b)(2)(B), not later than 30 days after the expiration of the extension of time, and there is no showing that such delay is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the employer to seek compensatory damages and other relief available under this section in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury.CommentsClose CommentsPermalink
(3) An inspector general determination and an agency head order denying relief under paragraph (2) shall be admissible in evidence in any de novo action at law or equity brought pursuant to this subsection.CommentsClose CommentsPermalink
(4) Whenever a person fails to comply with an order issued under paragraph (1), the head of the agency shall file an action for enforcement of such order in the United States district court for a district in which the reprisal was found to have occurred. In any action brought under this paragraph, the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.CommentsClose CommentsPermalink
(5) Any person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review of the order’s conformance with this subsection, and any regulations issued to carry out this section, in the United States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency. Review shall conform to chapter 7 of title 5.CommentsClose CommentsPermalink
(d) Construction- Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (a) or to modify or derogate from a right or remedy otherwise available to the employee.CommentsClose CommentsPermalink
(e) Definitions-CommentsClose CommentsPermalink
(1) NON-FEDERAL EMPLOYER RECEIVING FUNDS UNDER THIS ACT- The term ‘non-Federal employer receiving funds made available in this Act’ means--CommentsClose CommentsPermalink
(A) with respect to a Federal contract awarded or Federal grant issued to carry out this Act, the contractor or grantee, as the case may be, if the contractor or grantee is an employer; orCommentsClose CommentsPermalink
(B) a State or local government, if the State or local government has received funds made available in this Act.CommentsClose CommentsPermalink
(2) EXECUTIVE AGENCY- The term ‘executive agency’ has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (
(3) STATE OR LOCAL GOVERNMENT- The term ‘State or local government’ means--CommentsClose CommentsPermalink
(A) the government of each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or any other territory or possession of the United States; orCommentsClose CommentsPermalink
(B) the government of any political subdivision of a government listed in subparagraph (A).CommentsClose CommentsPermalink
TITLE II--AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENTCommentsClose CommentsPermalink
TITLE II--AGRICULTURE, NUTRITION, AND RURAL DEVELOPMENTCommentsClose CommentsPermalink
DEPARTMENT OF AGRICULTURE
Agriculture Buildings and Facilities and Rental Payments
For an additional amount for ‘Agriculture Buildings and Facilities and Rental Payments’, $44,000,000, for necessary construction, repair, and improvement activities: Provided, That section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
Agricultural Research Service
buildings and facilities
For an additional amount for ‘Buildings and Facilities’, $209,000,000, for work on deferred maintenance at Agricultural Research Service facilities: Provided, That priority in the use of such funds shall be given to critical deferred maintenance, to projects that can be completed, and to activities that can commence promptly following enactment of this Act.CommentsClose CommentsPermalink
Farm Service Agency
salaries and expenses
For an additional amount for ‘Salaries and Expenses,’ $245,000,000, for the purpose of maintaining and modernizing the information technology system: Provided, That section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ‘Watershed and Flood Prevention Operations’, $350,000,000, of which $175,000,000 is for necessary expenses to purchase and restore floodplain easements as authorized by section 403 of the Agricultural Credit Act of 1978 (
watershed rehabilitation program
For an additional amount for ‘Watershed Rehabilitation Program’, $50,000,000, for necessary expenses to carry out rehabilitation of structural measures: Provided, That section 1106 of this Act shall not apply to this appropriation: Provided further, That priority in the use of such funds shall be given 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 Development Programs
rural community advancement program
(including transfers of funds)
For an additional amount for gross obligations for the principal amount of direct and guaranteed loans as authorized by sections 306 and 310B and described in sections 381E(d)(1), 381E(d)(2), and 381E(d)(3) of the Consolidated Farm and Rural Development Act, to be available from the rural community advancement program, as follows: $5,838,000,000, of which $1,102,000,000 is for rural community facilities direct loans, of which $2,000,000,000 is for business and industry guaranteed loans, and of which $2,736,000,000 is for rural water and waste disposal direct loans.CommentsClose CommentsPermalink
For an additional amount for the cost of direct loans, loan guarantees, and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: $1,800,000,000, of which $63,000,000 is for rural community facilities direct loans, of which $137,000,000 is for rural community facilities grants authorized under section 306(a) of the Consolidated Farm and Rural Development Act, of which $87,000,000 is for business and industry guaranteed loans, of which $13,000,000 is for rural business enterprise grants authorized under section 310B of the Consolidated Farm and Rural Development Act, of which $400,000,000 is for rural water and waste disposal direct loans, and of which $1,100,000,000 is for rural water and waste disposal grants authorized under section 306(a): Provided, That the amounts appropriated under this heading shall be transferred to, and merged with, the appropriation for ‘Rural Housing Service, Rural Community Facilities Program Account’, the appropriation for ‘Rural Business-Cooperative Service, Rural Business Program Account’, and the appropriation for ‘Rural Utilities Service, Rural Water and Waste Disposal Program Account’: 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 enactment of this Act.CommentsClose CommentsPermalink
In addition to other available funds, the Secretary of Agriculture may use not more than 3 percent of the funds made available under this account for administrative costs to carry out loans, loan guarantees, and grants funded under this account, which shall be transferred and merged with the appropriation for ‘Rural Development, Salaries and Expenses’ and shall remain available until September 30, 2012: Provided, That the authority provided in this paragraph shall apply to appropriations under this heading in lieu of the provisions of section 1106 of this Act.CommentsClose CommentsPermalink
Funds appropriated by this Act to the Rural Community Advancement Program for rural community facilities, rural business, and rural water and waste disposal direct loans, loan guarantees and grants may be transferred among these programs: Provided, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For an additional amount of 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, as follows: $22,129,000,000 for loans to section 502 borrowers, of which $4,018,000,000 shall be for direct loans, and of which $18,111,000,000 shall be for 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, as follows: section 502 loans, $500,000,000, of which $270,000,000 shall be for direct loans, and of which $230,000,000 shall be for unsubsidized guaranteed loans.CommentsClose CommentsPermalink
In addition to other available funds, the Secretary of Agriculture may use not more than 3 percent of the funds made available under this account for administrative costs to carry out loans and loan guarantees funded under this account, of which $1,750,000 will 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: Provided, These funds shall be transferred and merged with the appropriation for ‘Rural Development, Salaries and Expenses’: Provided further, That the authority provided in this paragraph shall apply to appropriations under this heading in lieu of the provisions of section 1106 of this Act.CommentsClose CommentsPermalink
Funds appropriated by this Act to the Rural Housing Insurance Fund Program account for section 502 direct loans and unsubsidized guaranteed loans may be transferred between these programs: Provided, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
Rural Utilities Service
distance learning, telemedicine, and broadband program
(including transfers of funds)
For an additional amount for the cost of broadband loans and loan guarantees, as authorized by the Rural Electrification Act of 1936 (
In addition to other available funds, the Secretary may use not more than 3 percent of the funds made available under this account for administrative costs to carry out loans, loan guarantees, and grants funded under this account, which shall be transferred and merged with the appropriation for ‘Rural Development, Salaries and Expenses’ and shall remain available until September 30, 2012: Provided, That the authority provided in this paragraph shall apply to appropriations under this heading in lieu of the provisions of section 1106 of this Act.CommentsClose CommentsPermalink
Food and Nutrition Service
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 (
emergency food assistance program
For an additional amount for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (
GENERAL PROVISIONS, THIS TITLE
SEC. 2001. TEMPORARY INCREASE IN BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Maximum Benefit Increase-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 value of benefits determined under section 8(a) of the Food and Nutrition Act of 2008 and 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 as 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 allotment below the level in effect for fiscal year 2009 as a result of paragraph (1).CommentsClose CommentsPermalink
(b) Requirements 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’;CommentsClose CommentsPermalink
(2) require a simple process for States to notify households of the increase in benefits;CommentsClose CommentsPermalink
(3) consider section 16(c)(3)(A) of the Food and Nutrition Act of 2008 (
(4) have the authority to take such measures as necessary to ensure the efficient administration of the benefits provided in this section.CommentsClose CommentsPermalink
(c) Administrative Expenses-CommentsClose CommentsPermalink
(1) IN GENERAL- For the costs of State administrative expenses associated with carrying out this section, the Secretary shall make available $150,000,000 in each of fiscal years 2009 and 2010, to remain available through September 30, 2012, 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) AVAILABILITY OF FUNDS- Funds described in paragraph (1) shall be made available as grants to State agencies based on each State’s share of households that participate in the Supplemental Nutrition Assistance Program as reported to the Department of Agriculture for the 12-month period ending with June, 2008.CommentsClose CommentsPermalink
(d) Treatment of Jobless Workers- 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, 2010, jobless adults who comply with work registration and employment and training requirements under section 6, section 20, or section 26 of the Food and Nutrition Act of 2008 (
(e) Funding- There is appropriated to the Secretary of Agriculture such sums as are necessary to carry out this section, to remain available until expended. Section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
SEC. 2002. AFTERSCHOOL FEEDING PROGRAM FOR AT-RISK CHILDREN.
Section 17(r) of the Richard B. Russell National School Lunch Act (
TITLE III--COMMERCE, JUSTICE, AND SCIENCECommentsClose CommentsPermalink
TITLE III--COMMERCE, JUSTICE, AND SCIENCECommentsClose CommentsPermalink
Subtitle A--CommerceCommentsClose CommentsPermalink
Subtitle A--CommerceCommentsClose CommentsPermalink
DEPARTMENT OF COMMERCE
Economic Development Administration
Economic Development Assistance Programs
(including transfer of funds)
For an additional amount for ‘Economic Development Assistance Programs’, $250,000,000: Provided, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall not exceed 2 percent instead of the percentage specified in such section: Provided further, That the amount set aside pursuant to the previous proviso shall 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 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: Provided, That section 1106 of this Act shall not apply to funds provided under this heading.CommentsClose CommentsPermalink
National Telecommunications and Information Administration
salaries and expenses
For an additional amount for ‘Salaries and Expenses’, $350,000,000, to remain available until September 30, 2011: Provided, That funds shall be available to establish the State Broadband Data and Development Grant Program, as authorized by
wireless and broadband deployment grant programs
(including transfer of funds)
For necessary expenses related to the Wireless and Broadband Deployment Grant Programs established by section 3102 of this Act, $2,825,000,000, of which $1,000,000,000 shall be for Wireless Deployment Grants and $1,825,000,000 shall be for Broadband Deployment Grants: Provided, That the National Telecommunications and Information Administration shall submit a report on planned spending and actual obligations describing the use of these funds not later than 120 days after the date of enactment of this Act, and an update report not later than 60 days following the initial report, to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate: Provided further, That notwithstanding section 1103 of this Act, 50 percent of the grants made available under this heading shall be awarded not later than September 30, 2009: Provided further, That up to 20 percent of the funds provided under this heading for Wireless Deployment Grants and Broadband Deployment Grants may be transferred between these programs: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
digital-to-analog converter box program
Notwithstanding any other provision of law, and in addition to amounts otherwise provided in any other Act, for costs associated with the Digital-to-Analog Converter Box Program, $650,000,000, to be available until September 30, 2009: Provided, That these funds shall be available for coupons and related activities, including but not limited to education, consumer support and outreach, as deemed appropriate and necessary to ensure a timely conversion of analog to digital television.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’, $100,000,000.CommentsClose CommentsPermalink
industrial technology services
For an additional amount for ‘Industrial Technology Services’, $100,000,000, of which $70,000,000 shall be available for the necessary expenses of the Technology Innovation Program and $30,000,000 shall be available for the necessary expenses of the Hollings Manufacturing Extension Partnership.CommentsClose CommentsPermalink
construction of research facilities
For an additional amount for ‘Construction of Research Facilities’, as authorized by sections 13 through 15 of the Act of March 13, 1901 (
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ‘Operations, Research, and Facilities’, $400,000,000, for habitat restoration and mitigation activities.CommentsClose CommentsPermalink
procurement, acquisition and construction
For an additional amount for ‘Procurement, Acquisition and Construction’, $600,000,000, for accelerating satellite development and acquisition, acquiring climate sensors and climate modeling capacity, and establishing climate data records: Provided further, That not less than $140,000,000 shall be available for climate data modeling.CommentsClose CommentsPermalink
GENERAL PROVISIONS, THIS SUBTITLE
SEC. 3101. INVENTORY OF BROADBAND SERVICE CAPABILITY AND AVAILABILITY.
(a) Establishment- To provide a comprehensive nationwide inventory of existing broadband service capability and availability, the National Telecommunications and Information Administration (‘NTIA’) shall develop and maintain a broadband inventory map of the United States that identifies and depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State.CommentsClose CommentsPermalink
(b) Public Availability and Interactivity- Not later than 2 years after the date of enactment of this Act, the NTIA shall make the broadband inventory map developed and maintained pursuant to this section accessible by the public on a World Wide Web site of the NTIA in a form that is interactive and searchable.CommentsClose CommentsPermalink
SEC. 3102. WIRELESS AND BROADBAND DEPLOYMENT GRANT PROGRAMS.
(a) Grants Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- The National Telecommunications and Information Administration (‘NTIA’) is authorized to carry out a program to award grants to eligible entities for the non-recurring costs associated with the deployment of broadband infrastructure in rural, suburban, and urban areas, in accordance with the requirements of this section.CommentsClose CommentsPermalink
(2) PROGRAM WEBSITE- The NTIA shall develop and maintain a website to make publicly available information about the program described in paragraph (1), including--CommentsClose CommentsPermalink
(A) each prioritization report submitted by a State under subsection (b);CommentsClose CommentsPermalink
(B) a list of eligible entities that have applied for a grant under this section, and the area or areas the entity proposes to serve; andCommentsClose CommentsPermalink
(C) the status of each such application, whether approved, denied, or pending.CommentsClose CommentsPermalink
(b) State Priorities-CommentsClose CommentsPermalink
(1) PRIORITIES REPORT SUBMISSION- Not later than 75 days after the date of enactment of this section, each State intending to participate in the program under this section shall submit to the NTIA a report indicating the geographic areas of the State which--CommentsClose CommentsPermalink
(A) for the purposes of determining the need for Wireless Deployment Grants under subsection (c), the State considers to have the greatest priority for--CommentsClose CommentsPermalink
(i) wireless voice service in unserved areas; andCommentsClose CommentsPermalink
(ii) advanced wireless broadband service in underserved areas; andCommentsClose CommentsPermalink
(B) for the purposes of determining the need for Broadband Deployment Grants under subsection (d), the State considers to have the greatest priority for--CommentsClose CommentsPermalink
(i) basic broadband service in unserved areas; andCommentsClose CommentsPermalink
(ii) advanced broadband service in underserved areas.CommentsClose CommentsPermalink
(2) LIMITATION- The unserved and underserved areas identified by a State in the report required by this subsection shall not represent, in the aggregate, more than 20 percent of the population or of the geographic area of such State.CommentsClose CommentsPermalink
(c) Wireless Deployment Grants-CommentsClose CommentsPermalink
(1) AUTHORIZED ACTIVITY- The NTIA shall award Wireless Deployment Grants in accordance with this subsection from money appropriated for Wireless Deployment Grants by this subtitle to eligible entities to deploy necessary infrastructure for the provision of wireless voice service or advanced wireless broadband service to end users in designated areas.CommentsClose CommentsPermalink
(2) GRANT DISTRIBUTION- The NTIA shall seek to distribute grants, to the extent possible, so that 25 percent of the grants awarded under this subsection shall be awarded to eligible entities for providing wireless voice service to unserved areas and 75 percent of grants awarded under this subsection shall be awarded to eligible entities for providing advanced wireless broadband service to underserved areas.CommentsClose CommentsPermalink
(d) Broadband Deployment Grants-CommentsClose CommentsPermalink
(1) AUTHORIZED ACTIVITY- The NTIA shall award Broadband Deployment Grants in accordance with this subsection from money appropriated for Broadband Deployment Grants by this subtitle to eligible entities to deploy necessary infrastructure for the provision of basic broadband service or advanced broadband service to end users in designated areas.CommentsClose CommentsPermalink
(2) GRANT DISTRIBUTION- The NTIA shall seek to distribute grants, to the extent possible, so that 25 percent of the grants awarded under this subsection shall be awarded to eligible entities for providing basic broadband service to unserved areas and 75 percent of grants awarded under this subsection shall be awarded to eligible entities for providing advanced broadband service to underserved areas.CommentsClose CommentsPermalink
(e) Grant Requirements- The NTIA shall--CommentsClose CommentsPermalink
(1) adopt rules to protect against unjust enrichment; andCommentsClose CommentsPermalink
(2) ensure that grant recipients--CommentsClose CommentsPermalink
(A) meet buildout requirements;CommentsClose CommentsPermalink
(B) maximize use of the supported infrastructure by the public;CommentsClose CommentsPermalink
(C) operate basic and advanced broadband service networks on an open access basis;CommentsClose CommentsPermalink
(D) operate advanced wireless broadband service on a wireless open access basis; andCommentsClose CommentsPermalink
(E) adhere to the principles contained in the Federal Communications Commission’s broadband policy statement (FCC 05-151, adopted August 5, 2005).CommentsClose CommentsPermalink
(f) Applications-CommentsClose CommentsPermalink
(1) SUBMISSION- To be considered for a grant awarded under subsection (c) or (d), an eligible entity shall submit to the NTIA an application at such time, in such manner, and containing such information as the NTIA may require. Such an application shall include--CommentsClose CommentsPermalink
(A) a cost-study estimate for serving the particular geographic area to be served by the entity;CommentsClose CommentsPermalink
(B) an engineering plan;CommentsClose CommentsPermalink
(C) a proposed build-out schedule to residential households and small businesses in the area;CommentsClose CommentsPermalink
(D) for applicants for Wireless Deployment Grants under subsection (c), a build-out schedule for geographic coverage of such areas; andCommentsClose CommentsPermalink
(E) any other requirements the NTIA deems necessary.CommentsClose CommentsPermalink
(2) SELECTION-CommentsClose CommentsPermalink
(A) NOTIFICATION- The NTIA shall notify each eligible entity that has submitted a complete application whether the entity has been approved or denied for a grant under this section in timely fashion.CommentsClose CommentsPermalink
(B) GRANT DISTRIBUTION CONSIDERATIONS- In awarding grants under this section, the NTIA shall, to the extent practical--CommentsClose CommentsPermalink
(i) award not less than one grant in each State;CommentsClose CommentsPermalink
(ii) give substantial weight to whether an application is from an eligible entity to deploy infrastructure in an area that is an area--CommentsClose CommentsPermalink
(I) identified by a State in a report submitted under subsection (b); orCommentsClose CommentsPermalink
(II) in which the NTIA determines there will be a significant amount of public safety or emergency response use of the infrastructure; andCommentsClose CommentsPermalink
(iii) consider whether an application from an eligible entity to deploy infrastructure in an area--CommentsClose CommentsPermalink
(I) will, if approved, increase the affordability of, or subscribership to, service to the greatest population of underserved users in the area;CommentsClose CommentsPermalink
(II) will, if approved, enhance service for health care delivery, education, or children to the greatest population of underserved users in the area;CommentsClose CommentsPermalink
(III) contains concrete plans for enhancing computer ownership or computer literacy in the area;CommentsClose CommentsPermalink
(IV) is from a recipient of more than 20 percent matching grants from State, local, or private entities for service in the area and the extent of such commitment; andCommentsClose CommentsPermalink
(V) will, if approved, result in unjust enrichment because the eligible entity has applied for, or intends to apply for, support for the non-recurring costs through another Federal program for service in the area.CommentsClose CommentsPermalink
(g) Consultation- The NTIA shall consult with the Federal Communications Commission and other appropriate Federal agencies in implementing this section.CommentsClose CommentsPermalink
(h) Definitions- For the purpose of this section--CommentsClose CommentsPermalink
(1) the term ‘advanced broadband service’ means a service delivering data to the end user transmitted at a speed of at least 45 megabits per second downstream and at least 15 megabits per second upstream;CommentsClose CommentsPermalink
(2) the term ‘advanced wireless broadband service’ means a wireless service delivering to the end user data transmitted at a speed of at least 3 megabits per second downstream and at least 1 megabit per second upstream over an end-to-end internet protocol wireless network;CommentsClose CommentsPermalink
(3) the term ‘basic broadband service’ means a service delivering data to the end user transmitted at a speed of at least 5 megabits per second downstream and at least 1 megabit per second upstream;CommentsClose CommentsPermalink
(4) the term ‘eligible entity’ means--CommentsClose CommentsPermalink
(A) a provider of wireless voice service, advanced wireless broadband service, basic broadband service, or advanced broadband service;CommentsClose CommentsPermalink
(B) a State or unit of local government, or agency or instrumentality thereof, that is or intends to be a provider of any such service; andCommentsClose CommentsPermalink
(C) any other entity, including construction companies, tower-building companies, or other service providers, that the NTIA authorizes by rule to participate in the programs under this section, if such other entity is required to provide access to the supported infrastructure on a neutral, reasonable basis to maximize use;CommentsClose CommentsPermalink
(5) the term ‘State’ includes the District of Columbia and the territories and possessions;CommentsClose CommentsPermalink
(6) the term ‘underserved area’ shall be defined by the Federal Communications Commission not later than 45 days after the date of enactment of this section;CommentsClose CommentsPermalink
(7) the term ‘unserved area’ shall be defined by the Federal Communications Commission not later than 45 days after the date of enactment of this section;CommentsClose CommentsPermalink
(8) the term ‘wireless voice service’ means the provision of two-way, real-time, voice communications using a mobile service;CommentsClose CommentsPermalink
(9) the term ‘open access’ shall be defined by the Federal Communications Commission not later than 45 days after the date of enactment of this section; andCommentsClose CommentsPermalink
(10) the term ‘wireless open access’ shall be defined by the Federal Communications Commission not later than 45 days after the date of enactment of this section.CommentsClose CommentsPermalink
Subtitle B--JusticeCommentsClose CommentsPermalink
Subtitle B--JusticeCommentsClose CommentsPermalink
DEPARTMENT OF JUSTICE
State and Local Law Enforcement Activities
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ‘State and Local Law Enforcement Assistance’, $3,000,000,000, to be available 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 Streets Act of 1968, (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of such Act shall not apply for purposes of this Act): Provided, That section 1106 of this Act shall not apply to funds provided under this heading.CommentsClose CommentsPermalink
community oriented policing services
For an additional amount for ‘Community Oriented Policing Services’, $1,000,000,000, to be available for grants under section 1701 of title I of the 1968 Act (
Subtitle C--ScienceCommentsClose CommentsPermalink
Subtitle C--ScienceCommentsClose CommentsPermalink
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
science
For an additional amount for ‘Science’, $400,000,000, of which not less than $250,000,000 shall be solely for accelerating the development of the tier 1 set of Earth science climate research missions recommended by the National Academies Decadal Survey.CommentsClose CommentsPermalink
aeronautics
For an additional amount for ‘Aeronautics’, $150,000,000.CommentsClose CommentsPermalink
cross agency support programs
For an additional amount for ‘Cross Agency Support Programs’, for necessary expenses for restoration and mitigation of National Aeronautics and Space Administration owned infrastructure and facilities related to the consequences of hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $50,000,000.CommentsClose CommentsPermalink
NATIONAL SCIENCE FOUNDATION
research and related activities
For an additional amount for ‘Research and Related Activities’, $2,500,000,000: 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
education and human resources
For an additional amount for ‘Education and Human Resources’, $100,000,000: Provided, That $60,000,000 shall be for activities authorized by section 7030 of
major research equipment and facilities construction
For an additional amount for ‘Major Research Equipment and Facilities Construction’, $400,000,000, which shall be available only for approved projects.CommentsClose CommentsPermalink
TITLE IV--DEFENSECommentsClose CommentsPermalink
TITLE IV--DEFENSECommentsClose CommentsPermalink
DEPARTMENT OF DEFENSE
Facility Infrastructure Investments, Defense
For expenses, not otherwise provided for, to improve, repair and modernize Department of Defense facilities, restore and modernize Army barracks, and invest in the energy efficiency of Department of Defense facilities, $4,500,000,000, for Facilities Sustainment, Restoration and Modernization programs of the Department of Defense (including minor construction and major maintenance and repair), which shall be available as follows:CommentsClose CommentsPermalink
(1) ‘Operation and Maintenance, Army’, $1,490,804,000.CommentsClose CommentsPermalink
(2) ‘Operation and Maintenance, Navy’, $624,380,000.CommentsClose CommentsPermalink
(3) ‘Operation and Maintenance, Marine Corps’, $128,499,000.CommentsClose CommentsPermalink
(4) ‘Operation and Maintenance, Air Force’, $1,236,810,000.CommentsClose CommentsPermalink
(5) ‘Defense Health Program’, $454,658,000.CommentsClose CommentsPermalink
(6) ‘Operation and Maintenance, Army Reserve’, $110,899,000.CommentsClose CommentsPermalink
(7) ‘Operation and Maintenance, Navy Reserve’, $62,162,000.CommentsClose CommentsPermalink
(8) ‘Operation and Maintenance, Marine Corps Reserve’, $45,038,000.CommentsClose CommentsPermalink
(9) ‘Operation and Maintenance, Air Force Reserve’, $14,881,000.CommentsClose CommentsPermalink
(10) ‘Operation and Maintenance, Army National Guard’, $302,700,000.CommentsClose CommentsPermalink
(11) ‘Operation and Maintenance, Air National Guard’, $29,169,000.CommentsClose CommentsPermalink
Energy Research and Development, Defense
For expenses, not otherwise provided for, for research, development, test and evaluation programs for improvements in energy generation, transmission, regulation, use, and storage, for military installations, military vehicles, and other military equipment, $350,000,000, which shall be available as follows:CommentsClose CommentsPermalink
(1) ‘Research, Development, Test and Evaluation, Army’, $87,500,000.CommentsClose CommentsPermalink
(2) ‘Research, Development, Test and Evaluation, Navy’, $87,500,000.CommentsClose CommentsPermalink
(3) ‘Research, Development, Test and Evaluation, Air Force’, $87,500,000.CommentsClose CommentsPermalink
(4) ‘Research, Development, Test and Evaluation, Defense-Wide’, $87,500,000CommentsClose CommentsPermalink
TITLE V--ENERGY AND WATERCommentsClose CommentsPermalink
TITLE V--ENERGY AND WATERCommentsClose CommentsPermalink
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ‘Construction’, $2,000,000,000: Provided, That section 102 of
mississippi river and tributaries
For an additional amount for ‘Mississippi River and Tributaries’, $250,000,000: Provided, That funds provided in this paragraph may only be used for programs, projects, or activities previously funded: Provided further, That the Corps of Engineers is directed to prioritize funding for activities based on the ability to accelerate existing contracts or fully fund project elements and contracts for such elements in a time period of 2 years after the date of enactment of this Act giving preference to projects and activities that are labor intensive: Provided further, That funds provided in this paragraph shall be used for elements of projects, programs, or activities that can be completed using funds provided herein: Provided further, That for projects that are being completed with funds appropriated in this Act that are otherwise expired or lapsed for obligation, expired or lapsed 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 of 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.CommentsClose CommentsPermalink
operation and maintenance
For an additional amount for ‘Operation and Maintenance’, $2,225,000,000: Provided, That the Corps of Engineers is directed to prioritize funding for activities based on the ability to accelerate existing contracts or fully fund project elements and contracts for such elements in a time period of 2 years after the date of enactment of this Act giving preference to projects and activities that are labor intensive: Provided further, That funds provided in this paragraph shall be used for elements of projects, programs, or activities that can be completed using funds provided herein: Provided further, That for projects that are being completed with funds appropriated in this Act that are otherwise expired or lapsed for obligation, expired or lapsed 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 of 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.CommentsClose CommentsPermalink
regulatory program
For an additional amount for ‘Regulatory Program’, $25,000,000.CommentsClose CommentsPermalink
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for ‘Water and Related Resources’, $500,000,000: 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
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For an additional amount for ‘Energy Efficiency and Renewable Energy’, $18,500,000,000, which shall be used as follows:CommentsClose CommentsPermalink
(1) $2,000,000,000 shall be for expenses necessary for energy efficiency and renewable energy research, development, demonstration and deployment activities, to accelerate the development of technologies, to include advanced batteries, of which not less than $800,000,000 is for biomass and $400,000,000 is for geothermal technologies.CommentsClose CommentsPermalink
(2) $500,000,000 shall be for expenses necessary to implement the programs authorized under part E of title III of the Energy Policy and Conservation Act (
(3) $1,000,000,000 shall be for the cost of grants to institutional entities for energy sustainability and efficiency under section 399A of the Energy Policy and Conservation Act (
(4) $6,200,000,000 shall be for the Weatherization Assistance Program under part A of title IV of the Energy Conservation and Production Act (
(5) $3,500,000,000 shall be 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 (
(6) $3,400,000,000 shall be for the State Energy Program authorized under part D of title III of the Energy Policy and Conservation Act (
(7) $200,000,000 shall be for expenses necessary to implement the programs authorized under section 131 of the Energy Independence and Security Act of 2007 (
(8) $300,000,000 shall be for expenses necessary to implement the program authorized under section 124 of the Energy Policy Act of 2005 (
(9) $400,000,000 shall be for expenses necessary to implement the program authorized under section 721 of the Energy Policy Act of 2005 (
(10) $1,000,000,000 shall be for expenses necessary for the manufacturing of advanced batteries authorized under section 136(b)(1)(B) of the Energy Independence and Security Act of 2007 (
Provided, That notwithstanding
Electricity Delivery and Energy Reliability
For an additional amount for ‘Electricity Delivery and Energy Reliability,’ $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, 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 (
Advanced Battery Loan Guarantee Program
For the cost of guaranteed loans as authorized by section 135 of the Energy Independence and Security Act of 2007 (
Institutional Loan Guarantee Program
For the cost of guaranteed loans as authorized by section 399A of the Energy Policy and Conservation Act (
Innovative Technology Loan Guarantee Program
For an additional amount for ‘Innovative Technology Loan Guarantee Program’ for the cost of guaranteed loans authorized by section 1705 of the Energy Policy Act of 2005, $8,000,000,000: Provided, That of such amount, $25,000,000 shall be used for administrative expenses in carrying out the guaranteed loan program, and shall be in lieu of the amount set aside under section 1106 of this Act: Provided further, That the cost of such loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.CommentsClose CommentsPermalink
Fossil Energy
For an additional amount for ‘Fossil Energy’, $2,400,000,000 for necessary expenses to demonstrate carbon capture and sequestration technologies as authorized under section 702 of the Energy Independence and Security Act of 2007.CommentsClose CommentsPermalink
Science
For an additional amount for ‘Science’, $2,000,000,000: Provided, That of such amounts, not less than $400,000,000 shall be used for the Advanced Research Projects Agency--Energy authorized under section 5012 of the America COMPETES Act (
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For an additional amount for ‘Defense Environmental Cleanup,’ $500,000,000: Provided, That such amounts shall be used for elements of projects, programs, or activities that can be completed using funds provided herein.CommentsClose CommentsPermalink
GENERAL PROVISIONS, THIS TITLE
SEC. 5001. TECHNICAL CORRECTIONS TO THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007.
(a) Section 543(a) of the Energy Independence and Security Act of 2007 (
(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 548(a)(1) of the Energy Independence and Security Act of 2007 (
SEC. 5002. TECHNICAL CORRECTIONS TO THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007.
Title XIII of the Energy Independence and Security Act of 2007 (
(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 areas where the majority of generation and transmission assets are controlled by a tax-exempt entity.’.CommentsClose CommentsPermalink
(2) By amending subparagraph (C) of section 1304(b)(3) to read as follows:CommentsClose CommentsPermalink
‘(C) FEDERAL SHARE OF COST OF TECHNOLOGY INVESTMENTS- The Secretary shall provide to an electric utility described in subparagraph (B) or to other parties financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility or other party to carry out a demonstration project.’.CommentsClose CommentsPermalink
(3) By inserting a new subparagraph (E) after section 1304(b)(3)(D) as follows:CommentsClose CommentsPermalink
‘(E) AVAILABILITY OF DATA- The Secretary shall establish and maintain a smart grid information clearinghouse in a timely manner which will make data from smart grid demonstration projects and other sources available to the public. As a condition of receiving financial assistance under this subsection, a utility or other participant in a smart grid demonstration project shall provide such information as the Secretary may require to become available through the smart grid information clearinghouse in the form and within the timeframes as directed by the Secretary. The Secretary shall assure that business proprietary information and individual customer information is not included in the information made available through the clearinghouse.’.CommentsClose CommentsPermalink
(4) By amending paragraph (2) of section 1304(c) to read as follows:CommentsClose CommentsPermalink
‘(2) to carry out subsection (b), such sums as may be necessary.’.CommentsClose CommentsPermalink
(5) By amending subsection (a) of section 1306 by striking ‘reimbursement of one-fifth (20 percent)’ and inserting ‘grants of up to one-half (50 percent)’.CommentsClose CommentsPermalink
(6) By striking the last sentence of subsection (b)(9) of section 1306.CommentsClose CommentsPermalink
(7) By striking ‘are eligible for’ in subsection (c)(1) of section 1306 and inserting ‘utilize’.CommentsClose CommentsPermalink
(8) By amending subsection (e) of section 1306 to read as follows:CommentsClose CommentsPermalink
‘(e) Procedures and Rules- The Secretary shall--CommentsClose CommentsPermalink
‘(1) establish within 60 days after the enactment of the American Recovery and Reinvestment Act of 2009 procedures by which applicants can obtain grants of not more than one-half of their documented costs;CommentsClose CommentsPermalink
‘(2) establish procedures to ensure that there is no duplication or multiple payment for the same investment or costs, that the grant goes to the party making the actual expenditures for qualifying smart grid investments, and that the grants made have significant effect in encouraging and facilitating the development of a smart grid;CommentsClose CommentsPermalink
‘(3) maintain public records of grants made, recipients, and qualifying smart grid investments which have received grants;CommentsClose CommentsPermalink
‘(4) establish procedures to provide advance payment of moneys up to the full amount of the grant award; andCommentsClose CommentsPermalink
‘(5) have and exercise the discretion to deny grants for investments that do not qualify in the reasonable judgment of the Secretary.’.CommentsClose CommentsPermalink
SEC. 5003. RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION LOAN GUARANTEE PROGRAMS.
(a) Amendment- Title XVII of the Energy Policy Act of 2005 (
‘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 commence construction not later than September 30, 2011.CommentsClose CommentsPermalink
‘(b) Categories- Projects from only the following categories shall be eligible for support under this section:CommentsClose CommentsPermalink
‘(1) Renewable energy systems.CommentsClose CommentsPermalink
‘(2) Electric power transmission systems.CommentsClose CommentsPermalink
‘(c) 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) Sunset- The authority to enter into guarantees under this section shall expire on September 30, 2011.’.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. 5004. WESTERN AREA POWER ADMINISTRATION BORROWING AUTHORITY.
The Hoover Power Plant Act of 1984 (
‘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 1 time) as, in the judgment of the Administrator, are from time to time required for the purpose of--CommentsClose CommentsPermalink
‘(i) constructing, financing, facilitating, or studying construction of new or upgraded electric power transmission lines and related facilities with at least 1 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 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 obligation to provide ancillary services to users of transmission facilities developed under this section.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 INTERESTS- In the course of selecting potential projects to be funded under this section, the Administrator shall seek requests for interest from entities interested in identifying potential projects through one or more notices published in the Federal Register.’.CommentsClose CommentsPermalink
SEC. 5005. WEATHERIZATION PROGRAM AMENDMENTS.
(a) Income Level- Section 412(7) of the Energy Conservation and Production Act (
(b) Assistance Level Per Dwelling Unit- Section 415(c)(1) of the Energy Conservation and Production Act (
SEC. 5006. BONNEVILLE POWER ADMINISTRATION.
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 under the Pacific Northwest Electric Power Planning and Conservation Act (
SEC. 5007. 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; andCommentsClose CommentsPermalink
(3) recommendations for achieving adequate transmission capacity.CommentsClose CommentsPermalink
SEC. 5008. APPROPRIATIONS TRANSFER AUTHORITY.
Not to exceed 20 percent of the amounts made available in this Act to the Department of Energy for ‘Energy Efficiency and Renewable Energy’, ‘Electricity Delivery and Energy Reliability’, and ‘Advanced Battery Loan Guarantee Program’ may be transferred within and between such accounts, except that no amount specified under any such heading may be increased or decreased by more than a total of 20 percent by such transfers, and notification of such transfers shall be submitted promptly to the Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
TITLE VI--FINANCIAL SERVICES AND GENERAL GOVERNMENTCommentsClose CommentsPermalink
TITLE VI--FINANCIAL SERVICES AND GENERAL GOVERNMENTCommentsClose CommentsPermalink
Subtitle A--General ServicesCommentsClose CommentsPermalink
Subtitle A--General ServicesCommentsClose CommentsPermalink
General Services Administration
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
For an additional amount to be deposited in the Federal Buildings Fund, $7,700,000,000 for real property activities with priority given to activities that can commence promptly following enactment of this Act; of which up to $1,000,000,000 shall be used for construction, repair, and alteration of border facilities and land ports of entry; of which not less than $6,000,000,000 shall be used for construction, repair, and alteration of Federal buildings for projects that will create the greatest impact on energy efficiency and conservation; of which $108,000,000 shall remain available until September 30, 2012, and shall be used for rental of space costs associated with the construction, repair, and alteration of these projects; Provided, That of the amounts provided, $160,000,000 shall remain available until September 30, 2012, and shall be for building operations in support of the activities described in this paragraph: Provided further, That the preceding proviso shall apply to this appropriation in lieu of the provisions of section 1106 of this Act: Provided further, That the Administrator of General Services is authorized to initiate design, construction, repair, alteration, leasing, and other projects through existing authorities of the Administrator: Provided further, That the Administrator shall submit a detailed plan, by project, regarding the use of funds to the Committees on Appropriations of the House of Representatives and the Senate within 30 days after 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 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 the Office of Federal High-Performance Green Buildings as authorized in the Energy Independence and Security Act of 2007 (
energy efficient federal motor vehicle fleet procurement
For capital expenditures and necessary expenses of the General Services Administration’s Motor Vehicle Acquisition and Motor Vehicle Leasing programs for the acquisition of motor vehicles, including plug-in and alternative fuel vehicles, $600,000,000: Provided, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be 1 percent instead of the percentage specified in such section: Provided further, 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 the Administrator shall report to the Committees on the obligation of these funds on a quarterly basis beginning on June 30, 2009.CommentsClose CommentsPermalink
Subtitle B--Small BusinessCommentsClose CommentsPermalink
Subtitle B--Small BusinessCommentsClose CommentsPermalink
Small Business Administration
business loans program account
(including transfers of funds)
For the cost of direct loans and loan guarantees authorized by sections 6202 through 6205 of this Act, $426,000,000: Provided, That such cost, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses to carry out the direct loan and loan guarantee programs authorized by this Act, $4,000,000, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided, That this sentence shall apply to this appropriation in lieu of the provisions of section 1106 of this Act.CommentsClose CommentsPermalink
GENERAL PROVISIONS, THIS SUBTITLE
SEC. 6201. 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 95 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 that would be eligible for a loan guarantee under section 7(a) of the Small Business Act (
(3) The term ‘small business concern’ has the same meaning as provided by section 3 of the Small Business Act (
(c) Application- In order to participate in the loan guarantee program under this section a lender shall submit an application to the Administrator for the guarantee of up to 95 percent of the principal amount of a qualifying small business loan. The Administrator shall approve or deny each such application within 5 business days after receipt thereof. The Administrator may not delegate to lenders the authority to approve or disapprove such applications.CommentsClose CommentsPermalink
(d) Fees- The Administrator may charge fees for guarantees issued under this section. Such fees shall not exceed the fees permitted for loan guarantees under section 7(a) of the Small Business Act (
(e) Interest Rates- The Administrator may not guarantee under this section any loan that bears interest at a rate higher than 3 percent above the higher of either of the following as quoted in the Wall Street Journal on the first business day of the week in which such guarantee is issued:CommentsClose CommentsPermalink
(1) The London interbank offered rate (LIBOR) for a 3-month period.CommentsClose CommentsPermalink
(2) The Prime Rate.CommentsClose CommentsPermalink
(f) 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
(g) 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
(h) 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;
(i) Sunset- Loan guarantees may not be issued under this section after the date 90 days after the date of establishment (as determined by the Administrator) of the economic recovery program under section 6204.CommentsClose CommentsPermalink
(j) Small Business Act Provisions- The provisions of the Small Business Act applicable to loan guarantees under section 7 of that Act shall apply to loan guarantees under this section except as otherwise provided in this section.CommentsClose CommentsPermalink
(k) Authorization- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 6202. ESTABLISHMENT OF SBA SECONDARY MARKET LENDING AUTHORITY.
(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 established under subsection (c).CommentsClose CommentsPermalink
(4) The term ‘SBA secondary market’ means the 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 government 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, deems appropriate.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) Funding- Such sums as necessary are authorized to be appropriated to carry out the provisions of this section.CommentsClose CommentsPermalink
(g) 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;
(h) Emergency Rulemaking Authority- The Administrator shall promulgate regulations under this section within 15 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
SEC. 6203. 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) 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 ‘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 custodial 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 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 custodial 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 seller of such pools shall absorb any and all losses resulting from a shortage or excess of monthly cash flows.CommentsClose CommentsPermalink
(iii) The Administrator shall receive a monthly fee of not more than 50 basis points on the outstanding balance of the dollar amount of the pools that are guaranteed.CommentsClose CommentsPermalink
(iv) The Administrator may guarantee not more than $3,000,000,0000 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) terminate such guarantee immediately,CommentsClose CommentsPermalink
(B) 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
(C) 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 proceeding 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;
(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
SEC. 6204. ECONOMIC RECOVERY PROGRAM.
(a) Purpose- The purpose of this section is to establish a new lending and refinancing authority within the Small Business Administration.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 ‘small business concern’ has the same meaning as provided by section 3 of the Small Business Act (
(c) Refinancing Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- Upon application from a lender (and with consent of the borrower), the Administrator may refinance existing non-Small Business Administration or Small Business Administration loans (including loans under sections 7(a) and 504 of the Small Business Act) made to small business concerns.CommentsClose CommentsPermalink
(2) ELIGIBLE LOANS- In order to be eligible for refinancing under this section--CommentsClose CommentsPermalink
(A) the amount of the loan refinanced may not exceed $10,000,000 and a first lien must be conveyed to the Administrator;CommentsClose CommentsPermalink
(B) the lender shall offer to accept from the Administrator as full repayment of the loan an amount equal to less than 100 percent but more than 85 percent of the remaining balance of the principal of the loan; andCommentsClose CommentsPermalink
(C) the loan to be refinanced was made before the date of enactment of this Act and for a purpose that would have been eligible for a loan under any Small Business Administration lending program.CommentsClose CommentsPermalink
(3) TERMS- The term of the refinancing by the Administrator under this section shall not be less than remaining term on the loan that is refinanced but shall not exceed a term of 20 years. The rate of interest on the loan refinanced under this section shall be fixed by the Administrator at a level that the Administrator determines will result in manageable monthly payments for the borrower.CommentsClose CommentsPermalink
(4) LIMIT- The Administrator may not refinance amounts under this section that are greater than the amount the lender agrees to accept from the Administrator as full repayment of the loan as provided in paragraph (2)(B).CommentsClose CommentsPermalink
(d) Underwriting and Other Loan Services-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator is authorized to engage in underwriting, loan closing, funding, and servicing of loans made to small business concerns and to guarantee loans made by other entities to small business concerns.CommentsClose CommentsPermalink
(2) APPLICATION PROCESS- The Administrator shall by rule establish a process in which small business concerns may submit applications to the Administrator for the purposes of securing a loan under this subsection. The Administrator shall, at a minimum, collect all information necessary to determine the creditworthiness and repayment ability of the borrower.CommentsClose CommentsPermalink
(3) PARTICIPATION OF LENDERS-CommentsClose CommentsPermalink
(A) The Administrator shall by rule establish a process in which the Administrator makes available loan applications and all accompanying information to lenders for the purpose of such lenders originating, underwriting, closing, and servicing such loans.CommentsClose CommentsPermalink
(B) Lenders are eligible to receive loan applications and accompanying information under this paragraph if they participate in the programs established in section 7(a) of the Small Business Act (
(C) The Administrator shall first make available such loan applications and accompanying information to lenders within 100 miles of a loan applicant’s principal office.CommentsClose CommentsPermalink
(D) If a lender described in subparagraph (C) does not agree to originate, underwrite, close, and service such loans within 5 business days of receiving the loan applications, the Administrator shall subsequently make available such loan applications and accompanying information to lenders in the Preferred Lenders Program under section 7(a)(2)(C)(ii) of the Small Business Act (
(E) If a lender described in subparagraph (C) or (D) does not agree to originate, underwrite, close, and service such loans within 10 business days of receiving the loan applications, the Administrator may originate, underwrite, close, and service such loans as described in paragraph (1) of this subsection.CommentsClose CommentsPermalink
(4) ASSET SALES- The Administrator shall offer to sell loans made or refinanced by the Administrator under this section. Such sales shall be made through semi-annual public solicitation (in the Federal Register and in other media) of offers to purchase. The Administrator may contract with vendors for due diligence, asset valuation, and other services related to such sales. The Administrator may not sell any loan under this section for less than 90 percent of the net present value of the loan, as determined and certified by a qualified third-party.CommentsClose CommentsPermalink
(5) LOANS NOT SOLD- The Administrator shall maintain and service loans made by the Administrator under this section that are not sold through the asset sales under this section.CommentsClose CommentsPermalink
(e) Duration- The authority of this section shall terminate on the date two years after the date on which the program under this section becomes operational (as determined by the Administrator).CommentsClose CommentsPermalink
(f) 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;
(g) Qualified Loans-CommentsClose CommentsPermalink
(1) ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES- A loan to any concern shall not be subject to this section 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 shall be subject to this section if the borrower is an 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
(h) Reports- The Administrator shall submit a report to Congress semi-annually setting forth the aggregate amount of loans and geographic dispersion of such loans made, underwritten, closed, funded, serviced, sold, guaranteed, or held by the Administrator under the authority of this section. Such report shall also set forth information concerning loan defaults, prepayments, and recoveries related to loans made under the authority of this section.CommentsClose CommentsPermalink
(i) Authorization- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 6205. STIMULUS FOR COMMUNITY DEVELOPMENT LENDING.
(a) Refinancing Under the Local Development Business Loan Program- Section 502 of the Small Business Investment Act of 1958 (
‘(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 which has existing indebtedness collateralized by fixed assets, any amount of existing indebtedness that does not exceed 1/2 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 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
‘(iii) the financing under section 504 will provide better terms or rate of interest than exists on the debt 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 (
SEC. 6206. INCREASING SMALL BUSINESS INVESTMENT.
(a) Simplified Maximum Leverage Limits- Section 303(b) of the Small Business Investment Act of 1958 (
(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 one company licensed under section 301(c) of this Act may not exceed the lesser of--CommentsClose CommentsPermalink
‘(i) 300 percent of such 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 two or more companies licensed under section 301(c) of this Act that are commonly controlled (as determined by the Administrator) and not under capital impairment may not exceed $225,000,000.’; andCommentsClose CommentsPermalink
(2) by striking paragraph (4).CommentsClose CommentsPermalink
(b) Simplified Aggregate Investment Limitations- Section 306(a) of the Small Business Investment Act of 1958 (
‘(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
SEC. 6207. GAO REPORT.
(a) Report- Not later than 30 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 authority established in sections 6201 through 6206 of this Act.CommentsClose CommentsPermalink
(b) Included Item- The report under this section shall include a summary of the activity of the Administrator under this section and an analysis of whether he is accomplishing the purpose of increasing liquidity in the secondary market for Small Business Administration loans.CommentsClose CommentsPermalink
TITLE VII--HOMELAND SECURITYCommentsClose CommentsPermalink
TITLE VII--HOMELAND SECURITYCommentsClose CommentsPermalink
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ‘Salaries and Expenses’, $100,000,000, for non-intrusive detection technology to be deployed at sea ports of entry.CommentsClose CommentsPermalink
construction
For an additional amount for ‘Construction’, $150,000,000, to repair and construct inspection facilities at land border ports of entry.CommentsClose CommentsPermalink
Transportation Security Administration
aviation security
For an additional amount for ‘Aviation Security’, $500,000,000, for the purchase and installation of explosive detection systems and emerging checkpoint technologies: 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 and to expeditiously award new letters of intent.CommentsClose CommentsPermalink
Coast Guard
alteration of bridges
For an additional amount for ‘Alteration of Bridges’, $150,000,000, for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act (
Federal Emergency Management Agency
emergency food and shelter
For an additional amount for ‘Emergency Food and Shelter’, $200,000,000, to carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act (
GENERAL PROVISIONS, THIS TITLE
SEC. 7001. EXTENSION OF PROGRAMS.
Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
SEC. 7002. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement- Effective for fiscal years beginning on or after October 1, 2008, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall--CommentsClose CommentsPermalink
(1) provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 404, but only that portion of such costs that are attributable exclusively to such responsibilities; andCommentsClose CommentsPermalink
(B) responding to individuals who contest a tentative nonconfirmation provided by the basic pilot confirmation system established under such section;CommentsClose CommentsPermalink
(2) provide such funds quarterly in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); andCommentsClose CommentsPermalink
(3) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Office of Inspector General of the Social Security Administration and the Department of Homeland Security.CommentsClose CommentsPermalink
(b) Continuation of Employment Verification in Absence of Timely Agreement- In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2008, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
SEC. 7003. GAO STUDY OF BASIC PILOT CONFIRMATION SYSTEM.
(a) In General- As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding erroneous tentative nonconfirmations under the basic pilot confirmation system established under section 404(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(b) Matters To Be Studied- In the study required under subsection (a), the Comptroller General shall determine and analyze--CommentsClose CommentsPermalink
(1) the causes of erroneous tentative nonconfirmations under the basic pilot confirmation system;CommentsClose CommentsPermalink
(2) the processes by which such erroneous tentative nonconfirmations are remedied; andCommentsClose CommentsPermalink
(3) the effect of such erroneous tentative nonconfirmations on individuals, employers, and Federal agencies.CommentsClose CommentsPermalink
(c) Report- Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to the Committee on Ways and Means and the Committee on the Judiciary of the House of Representatives and the Committee on Finance and the Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink
SEC. 7004. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM ON SMALL ENTITIES.
(a) In General- Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the Comptroller General’s analysis of the effects of the basic pilot program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(1) the costs of compliance with such program on small entities;CommentsClose CommentsPermalink
(2) a description and an estimate of the number of small entities enrolled and participating in such program or an explanation of why no such estimate is available;CommentsClose CommentsPermalink
(3) the projected reporting, recordkeeping and other compliance requirements of such program on small entities;CommentsClose CommentsPermalink
(4) factors that impact small entities’ enrollment and participation in such program, including access to appropriate technology, geography, entity size, and class of entity; andCommentsClose CommentsPermalink
(5) the steps, if any, the Secretary of Homeland Security has taken to minimize the economic impact of participating in such program on small entities.CommentsClose CommentsPermalink
(b) Direct and Indirect Effects- The report shall cover, and treat separately, direct effects (such as wages, time, and fees spent on compliance) and indirect effects (such as the effect on cash flow, sales, and competitiveness).CommentsClose CommentsPermalink
(c) Specific Contents- The report shall provide specific and separate details with respect to--CommentsClose CommentsPermalink
(1) small businesses (ad defined in
(2) small entities operating in States that have mandated use of the basic pilot program.CommentsClose CommentsPermalink
TITLE VIII--INTERIOR AND ENVIRONMENTCommentsClose CommentsPermalink
TITLE VIII--INTERIOR AND ENVIRONMENTCommentsClose CommentsPermalink
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction
(including transfers of funds)
For an additional amount for ‘Construction’, $325,000,000, for priority road, bridge, and trail repair or decommissioning, critical deferred maintenance projects, facilities construction and renovation, hazardous fuels reduction, and remediation of abandoned mine or well sites: Provided, That funds may be transferred to other appropriate accounts of the Bureau of Land management: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
United States Fish and Wildlife Service
construction
(including transfer of funds)
For an additional amount for ‘Construction’, $300,000,000, for priority road and bridge repair and replacement, and critical deferred maintenance and improvement projects on National Wildlife Refuges, National Fish Hatcheries, and other Service properties: Provided, That funds may be transferred to ‘Resource Management’: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
National Park Service
construction
(including transfer of funds)
For an additional amount for ‘Construction’, $1,700,000,000, for projects to address critical deferred maintenance needs within the National Park System, including roads, bridges and trails, and for other critical infrastructure projects: Provided, That funds may be transferred to ‘Operation of the National Park System’: Provided further, That $200,000,000 of these funds shall be for projects related to the preservation and repair of historical and cultural resources within the National Park System: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
national mall revitalization fund
For construction, improvements, repair, or replacement of facilities related to the revitalization of National Park Service assets on the National Mall in Washington, DC, $200,000,000, of which $100,000,000 shall only be made available to the extent that funds are matched by non-Federal contributions: Provided, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
centennial challenge
To carry out provisions of section 814(g) of
United States Geological Survey
surveys, investigations, and research
For an additional amount for ‘Surveys, Investigations, and Research’, $200,000,000, for repair 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: Provided, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
Bureau of Indian Affairs
construction
(including transfer of funds)
For an additional amount for ‘Construction’, $500,000,000, for priority repair and replacement of schools, detention centers, roads, bridges, employee housing, and critical deferred maintenance projects: Provided, That not less than $250,000,000 shall be used for new and replacement schools and detention centers: Provided further, That funds may be transferred to ‘Operation of Indian Programs’: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
ENVIRONMENTAL PROTECTION AGENCY
Hazardous Substance Superfund
For an additional amount for ‘Hazardous Substance Superfund’, $800,000,000, which shall be used for the Superfund Remedial program: Provided, That amounts available by law from this appropriation for management and administration shall take the place of the set-aside under section 1106 of this Act.CommentsClose CommentsPermalink
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ‘Leaking Underground Storage Tank Trust Fund Program’, to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $200,000,000, which shall be used to carry out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act, except that such funds shall not be subject to the State matching requirements in section 9003(h)(7)(B): Provided, That amounts available by law from this appropriation for management and administration shall take the place of the set-aside under section 1106 of this Act.CommentsClose CommentsPermalink
State and Tribal Assistance Grants
For an additional amount for ‘State and Tribal Assistance Grants’, $8,400,000,000, which shall be used as follows:CommentsClose CommentsPermalink
(1) $6,000,000,000 shall be for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act (
(2) $2,000,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act (
(3) $300,000,000 shall be for grants under title VII, Subtitle G of the Energy Policy Act of 2005: Provided, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 3 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
(4) $100,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980: Provided, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 3 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
DEPARTMENT OF AGRICULTURE
Forest Service
capital improvement and maintenance
(including transfer of funds)
For an additional amount for ‘Capital Improvement and Maintenance’, $650,000,000, for reconstruction, capital improvement, decommissioning, and maintenance of forest roads, bridges and trails; alternative energy technologies, energy efficiency enhancements and deferred maintenance at Federal facilities; and for remediation of abandoned mine sites, removal of fish passage barriers, and other critical habitat, forest improvement and watershed enhancement projects on Federal lands and waters: Provided, That funds may be transferred to ‘National Forest System’: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
wildland fire management
(including transfers of funds)
For an additional amount for ‘Wildland Fire Management’, $850,000,000, of which $300,000,000 is for hazardous fuels reduction, forest health, wood to energy grants and rehabilitation and restoration activities on Federal lands, and of which $550,000,000 is for State fire assistance hazardous fuels projects, volunteer fire assistance, cooperative forest health projects, city forest enhancements, and wood to energy grants on State and private lands: Provided, That amounts in this paragraph may be transferred to ‘State and Private Forestry’ and ‘National Forest System’: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health facilities
For an additional amount for ‘Indian Health Facilities’, $550,000,000, for priority health care facilities construction projects and deferred maintenance, and the purchase of equipment and related services, including but not limited to health information technology: Provided, That notwithstanding any other provision of law, the amounts available under this paragraph shall be allocated at the discretion of the Director of the Indian Health Service: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
OTHER RELATED AGENCIES
Smithsonian Institution
facilities capital
(including transfer of funds)
For an additional amount for ‘Facilities Capital’, $150,000,000, for deferred maintenance projects, and for repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623): Provided, That funds may be transferred to ‘Salaries and Expenses’: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 5 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
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 (
TITLE IX--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATIONCommentsClose CommentsPermalink
TITLE IX--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATIONCommentsClose CommentsPermalink
Subtitle A--LaborCommentsClose CommentsPermalink
Subtitle A--LaborCommentsClose CommentsPermalink
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ‘Training and Employment Services’ for activities under the Workforce Investment Act of 1998 (‘WIA’), $4,000,000,000, which shall be available for obligation on the date of enactment of this Act, as follows:CommentsClose CommentsPermalink
(1) $500,000,000 for grants to the States for adult employment and training activities;CommentsClose CommentsPermalink
(2) $1,200,000,000 for grants to the States for youth activities, including summer jobs for youth: Provided, 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 summer jobs for youth provided with such funds: Provided further, That with respect to the youth activities provided with such funds, section 101(13)(A) of the WIA shall be applied by substituting ‘age 24’ for ‘age 21’: Provided further, That no portion of the additional funds provided herein 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, such funds shall be allotted as if the total amount of funding available for youth activities in the fiscal year does not exceed $1,000,000,000;CommentsClose CommentsPermalink
(3) $1,000,000,000 for grants to the States for dislocated worker employment and training activities;CommentsClose CommentsPermalink
(4) $500,000,000 for the dislocated workers assistance national reserve to remain available for Federal obligation through June 30, 2010: Provided, That such funds shall be made available for grants only to eligible entities that serve areas of high unemployment or high poverty and only for the purposes described in subsection 173(a)(1) of the WIA: Provided further, That the Secretary of Labor shall ensure that applicants for such funds demonstrate how income support, child care, and other supportive services necessary for an individual’s participation in job training will be provided;CommentsClose CommentsPermalink
(5) $50,000,000 for YouthBuild activities, which shall remain available for Federal obligation through June 30, 2010; 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 the energy efficiency and renewable energy industries specified in section 171(e)(1)(B)(ii) of the WIA (as amended by the Green Jobs Act of 2007): 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: Provided further, That the provisions of section 1103 of this Act shall not apply to this appropriation:CommentsClose CommentsPermalink
Provided, That the additional funds provided to States under this heading are not subject to section 191(a) of the WIA: Provided further, That notwithstanding section 1106 of this Act, there shall be no amount set aside from the appropriations made in subsections (1) through (3) under this heading and the amount set aside for subsections (4) through (6) shall be up to 1 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
community service employment for older americans
For an additional amount for ‘Community Service Employment for Older Americans’ 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: Provided, That funds shall be allotted within 30 days of such enactment to current grantees in proportion to their allotment in program year 2008.CommentsClose CommentsPermalink
state unemployment insurance and employment service operations
For an additional amount for ‘State Unemployment Insurance and Employment Service Operations’ for grants to the States in accordance with section 6 of the Wagner-Peyser Act, $500,000,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund, and which shall be available for obligation on the date of enactment of this Act: Provided, That such funds shall remain available to the States through September 30, 2010: Provided further, That, with respect to such funds, section 6(b)(1) of such Act shall be applied by substituting ‘one-third’ for ‘two-thirds’ in subparagraph (A), with the remaining one-third of the sums to be allotted in accordance with section 132(b)(2)(B)(ii)(III) of the Workforce Investment Act of 1998: Provided further, That not less than $250,000,000 of the amount provided under this heading 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
salaries and expenses
(including transfer of funds)
For an additional amount for ‘Departmental Management’, $80,000,000, for the enforcement of worker protection laws and regulations, oversight, and coordination activities related to the infrastructure and unemployment insurance investments in this Act: Provided, That the Secretary of Labor may transfer such sums as necessary to ‘Employment and Standards Administration’, ‘Occupational Safety and Health Administration’, and ‘Employment and Training Administration--Program Administration’ for enforcement, oversight, and coordination activities: Provided further, That the provisions of section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
office of job corps
For an additional amount for ‘Office of Job Corps’, $300,000,000, for construction, rehabilitation 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, That
GENERAL PROVISIONS, THIS SUBTITLE
SEC. 9101. ELIGIBLE EMPLOYEES IN THE RECREATIONAL MARINE INDUSTRY.
Section 2(3)(F) of the Longshore and Harbor Workers’ Compensation Act (
(1) by striking ‘, repair or dismantle’; andCommentsClose CommentsPermalink
(2) by striking the semicolon and inserting ‘, or individuals employed to repair any recreational vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;’.CommentsClose CommentsPermalink
Subtitle B--Health and Human ServicesCommentsClose CommentsPermalink
Subtitle B--Health and Human ServicesCommentsClose CommentsPermalink
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services
For an additional amount for ‘Health Resources and Services’, $2,188,000,000 which shall be used as follows:CommentsClose CommentsPermalink
(1) $500,000,000, of which $250,000,000 shall not be available until October 1, 2009, shall be for grants to health centers authorized under section 330 of the Public Health Service Act (‘PHS Act’);CommentsClose CommentsPermalink
(2) $1,000,000,000 shall be available for renovation and repair of health centers authorized under section 330 of the PHS Act and for the acquisition by such centers of health information technology systems: Provided, That the timeframe for the award of grants pursuant to section 1103(b) of this Act shall not be later than 180 days after the date of enactment of this Act instead of the timeframe specified in such section;CommentsClose CommentsPermalink
(3) $88,000,000 shall be for fit-out and other costs related to moving into a facility to be secured through a competitive lease procurement to replace or renovate a headquarters building for Public Health Service agencies and other components of the Department of Health and Human Services; andCommentsClose CommentsPermalink
(4) $600,000,000, of which $300,000,000 shall not be available until October 1, 2009, shall be for the training of nurses and primary care physicians and dentists as authorized under titles VII and VIII of the PHS Act, for the provision of health care personnel under the National Health Service Corps program authorized under title III of the PHS Act, and for the patient navigator program authorized under title III of the PHS Act.CommentsClose CommentsPermalink
Centers for Disease Control and Prevention
disease control, research, and training
For an additional amount for ‘Disease Control, Research, and Training’ for equipment, construction, and renovation of facilities, including necessary repairs and improvements to leased laboratories, $462,000,000: Provided, That notwithstanding any other provision of law, the Centers for Disease Control and Prevention may award a single contract or related contracts for development and construction of facilities that collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘availability of funds’ found at 48 CFR 52.232-18: Provided further, That in accordance with applicable authorities, policies, and procedures, the Centers for Disease Control and Prevention shall acquire real property, and make any necessary improvements thereon, to relocate and consolidate property and facilities of the National Institute for Occupational Safety and Health.CommentsClose CommentsPermalink
National Institutes of Health
national center for research resources
For an additional amount for ‘National Center for Research Resources’, $1,500,000,000 for grants or contracts under section 481A of the Public Health Service Act to 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 such funds 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: Provided further, That the Center, in obligating such funds, shall require that each entity that applies for a grant or contract under section 481A for any project shall include in its application an assurance described in section 1621(b)(1)(I) of the Public Health Service Act: Provided further, That the Center shall give priority in the award of grants and contracts under section 481A of such Act to those applications that are expected to generate demonstrable energy-saving or beneficial environmental effects: Provided further, That the provisions of section 1103 of this Act shall not apply to the peer-reviewed grants awarded under this heading.CommentsClose CommentsPermalink
office of the director
(including transfer of funds)
For an additional amount for ‘Office of the Director’, $1,500,000,000, of which $750,000,000 shall not be available until October 1, 2009: Provided, That such funds shall be transferred to the Institutes and Centers of the National Institutes of Health and to the Common Fund established under section 402A(c)(1) of the Public Health Service Act in proportion to the appropriations otherwise made to such Institutes, Centers, and Common Fund for fiscal year 2009: Provided further, That these funds shall be used to support additional scientific research and shall be merged with and be available for the same purposes as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the National Institutes of Health: Provided further, That none of these funds may be transferred to ‘National Institutes of Health--Buildings and Facilities’, the Center for Scientific Review, the Center for Information Technology, the Clinical Center, the Global Fund for HIV/AIDS, Tuberculosis and Malaria, or the Office of the Director (except for the transfer to the Common Fund): Provided further, That the provisions of section 1103 of this Act shall not apply to the peer-reviewed grants awarded under this heading.CommentsClose CommentsPermalink
buildings and facilities
For an additional amount for ‘Buildings and Facilities’, $500,000,000, to fund high priority repair 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 effectiveness research: 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 effectiveness research: Provided further, That funds transferred to the Office of the Director may be transferred to the national research institutes and national 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 the provisions of section 1103 of this Act shall not apply to the peer-reviewed grants awarded under this paragraph: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be not more than 1 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
In addition, $400,000,000 shall be available for comparative effectiveness research to be allocated at the discretion of the Secretary of Health and Human Services (‘Secretary’): Provided, That the funding appropriated in this paragraph shall be used to accelerate the development and dissemination of research assessing the comparative effectiveness of health care treatments and strategies, including through efforts that: (1) conduct, support, or synthesize research that compares the clinical outcomes, effectiveness, and appropriateness of items, services, and procedures that are used to prevent, diagnose, or treat diseases, disorders, and other health conditions; and (2) encourage the development and use of clinical registries, clinical data networks, and other forms of electronic health data that can be used to generate or obtain outcomes data: Provided further, That the Secretary shall enter into a contract with the Institute of Medicine, for which no more than $1,500,000 shall be made available from funds provided in this paragraph, to produce and submit a report to the Congress and the Secretary by not later than June 30, 2009, that includes recommendations on the national priorities for comparative 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 Effectiveness Research established by section 9201 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 effectiveness research: Provided further, That the Secretary shall publish information on grants and contracts awarded with the funds provided under this heading within a reasonable time of the obligation of funds for such grants and contracts and shall disseminate research findings from such grants and contracts to clinicians, patients, and the general public, as appropriate: Provided further, That, to the extent feasible, the Secretary shall ensure that the recipients of the funds provided by this paragraph offer an opportunity for public comment on the research: Provided further, That the provisions of section 1103 of this Act shall not apply to the peer-reviewed grants awarded under this paragraph: 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 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 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
low-income home energy assistance
For an additional amount for ‘Low-Income Home Energy Assistance’ for making payments under section 2602(b) and section 2602(d) of the Low-Income Home Energy Assistance Act of 1981, $1,000,000,000, which shall become available on October 1, 2009: Provided, That the provisions of section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
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’, $2,000,000,000, of which $1,000,000,000 shall become available on October 1, 2009, which shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided, That the provisions of section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
children and families services programs
For an additional amount for ‘Children and Families Services Programs’, $3,200,000,000, which shall be used as follows:CommentsClose CommentsPermalink
(1) $1,000,000,000 for carrying out activities under the Head Start Act, of which $500,000,000 shall become available on October 1, 2009;CommentsClose CommentsPermalink
(2) $1,100,000,000 for expansion of Early Head Start programs, as described in section 645A of the Head Start Act, of which $550,000,000 shall become available on October 1, 2009: Provided, That of the funds provided in this sentence, up to 10 percent shall be available for the provision of training and technical assistance to such programs consistent with section 645A(g)(2) of such Act, and up to 3 percent shall be available for monitoring the operation of such programs consistent with section 641A of such Act: Provided further, That the preceding proviso shall apply to this appropriation in lieu of the provisions of section 1106 of this Act: Provided further, That the provisions of section 1103 of this Act shall not apply to this appropriation;CommentsClose CommentsPermalink
(3) $1,000,000,000 for carrying out activities under sections 674 through 679 of the Community Services Block Grant Act, of which $500,000,000 shall become available on October 1, 2009, and of which no part shall be subject to paragraphs (2) and (3) of section 674(b) of such Act: Provided, That notwithstanding section 675C(a)(1) of such Act, 100 percent of the funds made available to a State from this additional amount 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’: Provided further, That the provisions of section 1106 of this Act shall not apply to this appropriation; andCommentsClose CommentsPermalink
(4) $100,000,000 for carrying out activities under section 1110 of the Social Security Act, of which $50,000,000 shall become available on October 1, 2009: Provided, That the Secretary of Health and Human Services shall distribute such amount under the Compassion Capital Fund to eligible faith-based and community organizations: Provided further, That the provisions of section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
Administration on Aging
aging services programs
For an additional amount for ‘Aging Services Programs’ under section 311, and subparts 1 and 2 of part C, of title III of the Older Americans Act of 1965, $200,000,000, of which $100,000,000 shall become available on October 1, 2009: Provided, That the provisions of section 1106 of this Act shall not apply to this appropriation.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’ to carry out section 9202 of this Act, $2,000,000,000, 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 the provisions of section 1103 of this Act shall not apply to this appropriation: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be 0.25 percent instead of the percentage specified in such section: 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 provided under this heading is available for obligation or expenditure: Provided further, That the Comptroller General of the United States shall review on an annual basis the expenditures from funds provided under this heading to determine if such funds are used in a manner consistent with the purpose and requirements under this heading.CommentsClose CommentsPermalink
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ‘Public Health and Social Services Emergency Fund’ to support advanced research and development pursuant to section 319L of the Public Health Service Act, $430,000,000: Provided, That the provisions of section 1103 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
For an additional amount for ‘Public Health and Social Services Emergency Fund’ to prepare for and respond to an influenza pandemic, including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools, $420,000,000: Provided, That the provisions of section 1103 of this Act shall not apply to this appropriation: Provided further, That products purchased with these funds may, at the discretion of the Secretary of Health and Human Services (‘Secretary’), be deposited in the Strategic National Stockpile: Provided further, That notwithstanding section 496(b) of the Public Health Service Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccine and other biologics, where the Secretary finds such a contract necessary to secure sufficient supplies of such vaccines or biologics: Provided further, That funds appropriated in this paragraph may be transferred to other appropriation accounts of the Department of Health and Human Services, as determined by the Secretary to be appropriate, to be used for the purposed specified in this sentence.CommentsClose CommentsPermalink
For an additional amount for ‘Public Health and Social Services Emergency Fund’ to improve information technology security at the Department of Health and Human Services, $50,000,000: Provided, That the Secretary shall prepare and submit a report by not later than November 1, 2009, and by not later than 15 days after the end of each month thereafter, updating the status of actions taken and funds obligated in this and previous appropriations Acts for pandemic influenza preparedness and response activities, biomedical advanced research and development activities, Project BioShield, and Cyber Security.CommentsClose CommentsPermalink
prevention and wellness fund
(including transfer of funds)
For necessary expenses for a ‘Prevention and Wellness Fund’ to be administered through the Department of Health and Human Services Office of the Secretary, $3,000,000,000: Provided, That the provisions of section 1103 of this Act shall not apply to this appropriation: Provided further, That of the amount appropriated under this heading not less than $2,350,000,000 shall be transferred to the Centers for Disease Control and Prevention as follows:CommentsClose CommentsPermalink
(1) not less than $954,000,000 shall be used as an additional amount to carry out the immunization program authorized by section 317(a), (j), and (k)(1) of the Public Health Service Act (‘section 317 immunization program’), of which $649,900,000 shall be available on October 1, 2009;CommentsClose CommentsPermalink
(2) not less than $296,000,000 shall be used as an additional amount to carry out Part A of title XIX of the Public Health Service Act, of which $148,000,000 shall be available on October 1, 2009;CommentsClose CommentsPermalink
(3) not less than $545,000,000 shall be used as an additional amount to carry out chronic disease, health promotion, and genomics programs, as jointly determined by the Secretary of Health and Human Services (‘Secretary’) and the Director of the Centers for Disease Control and Prevention (‘Director’);CommentsClose CommentsPermalink
(4) not less than $335,000,000 shall be used as an additional amount to carry out domestic HIV/AIDS, viral hepatitis, sexually-transmitted diseases, and tuberculosis prevention programs, as jointly determined by the Secretary and the Director;CommentsClose CommentsPermalink
(5) not less than $60,000,000 shall be used as an additional amount to carry out environmental health programs, as jointly determined by the Secretary and the Director;CommentsClose CommentsPermalink
(6) not less than $50,000,000 shall be used as an additional amount to carry out injury prevention and control programs, as jointly determined by the Secretary and the Director;CommentsClose CommentsPermalink
(7) not less than $30,000,000 shall be used as an additional amount for public health workforce development activities, as jointly determined by the Secretary and the Director;CommentsClose CommentsPermalink
(8) not less than $40,000,000 shall be used as an additional amount for the National Institute for Occupational Safety and Health to carry out research activities within the National Occupational Research Agenda; andCommentsClose CommentsPermalink
(9) not less than $40,000,000 shall be used as an additional amount for the National Center for Health Statistics:CommentsClose CommentsPermalink
Provided further, That of the amount appropriated under this heading not less than $150,000,000 shall be available for an additional amount to carry out activities to implement a national action plan to prevent healthcare-associated infections, as determined by the Secretary, of which not less $50,000,000 shall be provided to States to implement healthcare-associated infection reduction strategies: Provided further, That of the amount appropriated under this heading $500,000,000 shall be used to carry out evidence-based clinical and community-based prevention and wellness strategies and public health workforce development activities authorized by the Public Health Service Act, as determined by the Secretary, that deliver specific, measurable health outcomes that address chronic and infectious disease rates and health disparities, which shall include evidence-based interventions in obesity, diabetes, heart disease, cancer, tobacco cessation and smoking prevention, and oral health, and which may be used for the Healthy Communities program administered by the Centers for Disease Control and Prevention and other existing community-based programs administered by the Department of Health and Human Services: Provided further, That funds appropriated in the preceding proviso may be transferred to other appropriation accounts of the Department of Health and Human Services, as determined by the Secretary to be appropriate: Provided further, That the Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out with funds provided under this heading in order to determine the quality and effectiveness of the programs: Provided further, That the Secretary shall, not later than 1 year after the date of enactment of this Act, submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report (1) summarizing the annual evaluations of programs from the preceding proviso; and (2) making recommendations concerning future spending on prevention and wellness activities, including any recommendations made by the United States Preventive Services Task Force in the area of clinical preventive services and the Task Force on Community Preventive Services in the area of community preventive services: 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 no later than 1 year after the date of enactment of this Act that includes recommendations on the national priorities for clinical and community-based prevention and wellness activities that will have a positive impact in preventing illness or reducing healthcare costs and that considers input from stakeholders: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2009 operating plan for the Prevention and Wellness Fund prior to making any Federal obligations of funds provided under this heading in fiscal year 2009 (excluding funds to carry out the section 317 immunization program), but not later than 90 days after the date of enactment of this Act, and a fiscal year 2010 operating plan for the Prevention and Wellness Fund prior to making any Federal obligations of funds provided under this heading in fiscal year 2010 (excluding funds to carry out the section 317 immunization program), but not later than November 1, 2009, that indicate the prevention priorities to be addressed; provide measurable goals for each prevention priority; detail the allocation of resources within the Department of Health and Human Services; and identify which programs or activities are supported, including descriptions of any new programs or activities: 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 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
GENERAL PROVISIONS, THIS SUBTITLE
SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COMPARATIVE EFFECTIVENESS RESEARCH.
(a) Establishment- There is hereby established a Federal Coordinating Council for Comparative Effectiveness Research (in this section referred to as the ‘Council’).CommentsClose CommentsPermalink
(b) Purpose; Duties- The Council shall--CommentsClose CommentsPermalink
(1) assist the offices and agencies of the Federal Government, including the Departments of Health and Human Services, Veterans Affairs, and Defense, and other Federal departments or agencies, to coordinate the conduct or support of comparative effectiveness and related health services research; andCommentsClose CommentsPermalink
(2) advise the President and Congress on--CommentsClose CommentsPermalink
(A) strategies with respect to the infrastructure needs of comparative effectiveness research within the Federal Government;CommentsClose CommentsPermalink
(B) appropriate organizational expenditures for comparative effectiveness research by relevant Federal departments and agencies; andCommentsClose CommentsPermalink
(C) opportunities to assure optimum coordination of comparative effectiveness and related health services research conducted or supported by relevant Federal departments and agencies, with the goal of reducing duplicative efforts and encouraging coordinated and complementary use of resources.CommentsClose CommentsPermalink
(c) Membership-CommentsClose CommentsPermalink
(1) NUMBER AND APPOINTMENT- The Council shall be composed of not more than 15 members, all of whom are senior Federal officers or employees with responsibility for health-related programs, appointed by the President, acting through the Secretary of Health and Human Services (in this section referred to as the ‘Secretary’). Members shall first be appointed to the Council not later than 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) MEMBERS-CommentsClose CommentsPermalink
(A) IN GENERAL- The members of the Council shall include one senior officer or employee from each of the following agencies:CommentsClose CommentsPermalink
(i) The Agency for Healthcare Research and Quality.CommentsClose CommentsPermalink
(ii) The Centers for Medicare and Medicaid Services.CommentsClose CommentsPermalink
(iii) The National Institutes of Health.CommentsClose CommentsPermalink
(iv) The Office of the National Coordinator for Health Information Technology.CommentsClose CommentsPermalink
(v) The Food and Drug Administration.CommentsClose CommentsPermalink
(vi) The Veterans Health Administration within the Department of Veterans Affairs.CommentsClose CommentsPermalink
(vii) The office within the Department of Defense responsible for management of the Department of Defense Military Health Care System.CommentsClose CommentsPermalink
(B) QUALIFICATIONS- At least half of the members of the Council shall be physicians or other experts with clinical expertise.CommentsClose CommentsPermalink
(3) CHAIRMAN; VICE CHAIRMAN- The Secretary shall serve as Chairman of the Council and shall designate a member to serve as Vice Chairman.CommentsClose CommentsPermalink
(d) Reports-CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than June 30, 2009, the Council shall submit to the President and the Congress a report containing information describing Federal activities on comparative effectiveness research and recommendations for additional investments in such research conducted or supported from funds made available for allotment by the Secretary for comparative effectiveness research in this Act.CommentsClose CommentsPermalink
(2) ANNUAL REPORT- The Council shall submit to the President and Congress an annual report regarding its activities and recommendations concerning the infrastructure needs, appropriate organizational expenditures and opportunities for better coordination of comparative effectiveness research by relevant Federal departments and agencies.CommentsClose CommentsPermalink
(e) Staffing; Support- From funds made available for allotment by the Secretary for comparative effectiveness research in this Act, the Secretary shall make available not more than 1 percent to the Council for staff and administrative support.CommentsClose CommentsPermalink
SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECHNOLOGY.
(a) In General- The Secretary of Health and Human Services shall invest in the infrastructure necessary to allow for and promote the electronic exchange and use of health information for each individual in the United States consistent with the goals outlined in the Strategic Plan developed by the Office of the National Coordinator for Health Information Technology. Such investment shall include investment in at least the following:CommentsClose CommentsPermalink
(1) Health information technology architecture that will support the nationwide electronic exchange and use of health information in a secure, private, and accurate manner, including connecting health information exchanges, and which may include updating and implementing the infrastructure necessary within different agencies of the Department of Health and Human Services to support the electronic use and exchange of health information.CommentsClose CommentsPermalink
(2) Integration of health information technology, including electronic medical records, into the initial and ongoing training of health professionals and others in the healthcare industry who would be instrumental to improving the quality of healthcare through the smooth and accurate electronic use and exchange of health information as determined by the Secretary.CommentsClose CommentsPermalink
(3) Training on and dissemination of information on best practices to integrate health information technology, including electronic records, into a provider’s delivery of care, including community health centers receiving assistance under section 330 of the Public Health Service Act and providers participating in one or more of the programs under titles XVIII, XIX, and XXI of the Social Security Act (relating to Medicare, Medicaid, and the State Childrens Health Insurance Program).CommentsClose CommentsPermalink
(4) Infrastructure and tools for the promotion of telemedicine, including coordination among Federal agencies in the promotion of telemedicine.CommentsClose CommentsPermalink
(5) Promotion of the interoperability of clinical data repositories or registries.CommentsClose CommentsPermalink
The Secretary shall implement paragraph (3) in coordination with State agencies administering the Medicaid program and the State Children’s Health Insurance Program.CommentsClose CommentsPermalink
(b) Limitation- None of the funds appropriated to carry out this section may be used to make significant investments in, or provide significant funds for, the acquisition of hardware or software or for the use of an electronic health or medical record, or significant components thereof, unless such investments or funds are for certified products that would permit the full and accurate electronic exchange and use of health information in a medical record, including standards for security, privacy, and quality improvement functions adopted by the Office of the National Coordinator for Health Information Technology.CommentsClose CommentsPermalink
(c) Report- The Secretary shall annually report to the Committees on Energy and Commerce, on Ways and Means, on Science and Technology, and on Appropriations of the House of Representatives and the Committees on Finance, on Health, Education, Labor, and Pensions, and on Appropriations of the Senate on the uses of these funds and their impact on the infrastructure for the electronic exchange and use of health information.CommentsClose CommentsPermalink
Subtitle C--EducationCommentsClose CommentsPermalink
Subtitle C--EducationCommentsClose CommentsPermalink
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For an additional amount for ‘Education for the Disadvantaged’ to carry out title I of the Elementary and Secondary Education Act of 1965 (‘ESEA’), $13,000,000,000: Provided, That $5,500,000,000 shall be available for targeted grants under section 1125 of the ESEA, of which $2,750,000,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and $2,750,000,000 shall become available on July 1, 2010, and shall remain available through September 30, 2011: Provided further, That $5,500,000,000 shall be available for education finance incentive grants under section 1125A of the ESEA, of which $2,750,000,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and $2,750,000,000 shall become available on July 1, 2010, and shall remain available through September 30, 2011: Provided further, That $2,000,000,000 shall be for school improvement grants under section 1003(g) of the ESEA, of which $1,000,000,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and $1,000,000,000 shall become available on July 1, 2010, and shall remain available through September 30, 2011: Provided further, That the provisions of section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
Impact Aid
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 remain available through September 30, 2010: Provided, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be 1 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
School Improvement Programs
For an additional amount for ‘School Improvement Programs’ to carry out subpart 1, part D of title II of the Elementary and Secondary Education Act of 1965 (‘ESEA’), and subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, $1,066,000,000: Provided, That $1,000,000,000 shall be available for subpart 1, part D of title II of the ESEA, of which $500,000,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and $500,000,000 shall become available on July 1, 2010, and remain available through September 30, 2011: Provided further, That the provisions of section 1106 of this Act shall not apply to these funds: Provided further, That $66,000,000 shall be available for subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, of which $33,000,000 shall become available on July 1, 2009, and shall remain available through September 30, 2010, and $33,000,000 shall become available on July 1, 2010, and remain available through September 30, 2011.CommentsClose CommentsPermalink
Innovation and Improvement
For an additional amount for ‘Innovation and Improvement’ to carry out subpart 1, part D and subpart 2, part B of title V of the Elementary and Secondary Education Act of 1965 (‘ESEA’), $225,000,000: Provided, That $200,000,000 shall be available for subpart 1, part D of title V of the ESEA: Provided further, That these funds shall be expended as directed in the fifth, sixth, and seventh provisos under the heading ‘Innovation and Improvement’ in the Department of Education Appropriations Act, 2008: Provided further, That a portion of these funds shall also be used for a rigorous national evaluation by the Institute of Education Sciences, utilizing randomized controlled methodology to the extent feasible, that assesses the impact of performance-based teacher and principal compensation systems supported by the funds provided in this Act on teacher and principal recruitment and retention in high-need schools and subjects: Provided further, That $25,000,000 shall be available for subpart 2, part B of title V of the ESEA: Provided further, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be 1 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
Special Education
For an additional amount for ‘Special Education’ for carrying out section 611 and part C of the Individuals with Disabilities Education Act (‘IDEA’), $13,600,000,000: Provided, That $13,000,000,000 shall be available for section 611 of the IDEA, of which $6,000,000,000 shall become available on July 1, 2009, and remain available through September 30, 2010, and $7,000,000,000 shall become available on July 1, 2010, and remain available through September 30, 2011: Provided further, That $600,000,000 shall be available for part C of the IDEA, of which $300,000,000 shall become available on July 1, 2009, and remain available through September 30, 2010, and $300,000,000 shall become available on July 1, 2010, and remain available through September 30, 2011: Provided further, That by July 1, 2009, the Secretary of Education shall reserve the amount needed for grants under section 643(e) of the IDEA from funds available for obligation on July 1, 2009, with any remaining funds to be allocated in accordance with section 643(c) of the IDEA: Provided further, That by July 1, 2010, the Secretary shall reserve the amount needed for grants under section 643(e) of the IDEA from funds available for obligation on July 1, 2010, with any remaining funds to be allocated in accordance with section 643(c) of the IDEA: Provided further, That if every State, as 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 the provisions of section 1106 of this Act shall not apply to this appropriation.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, $700,000,000: Provided, That $500,000,000 shall be available for part B of title I of the Rehabilitation Act, of which $250,000,000 shall become available on October 1, 2009: 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 the provisions of section 1106 of this Act shall not apply to these funds: Provided further, That $200,000,000 shall be available for parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act, of which $100,000,000 shall become available on October 1, 2009: Provided further, That $34,775,000 shall be for State Grants, $114,581,000 shall be for independent living centers, and $50,644,000 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’), $16,126,000,000, which shall remain available through September 30, 2011: Provided, That $15,636,000,000 shall be available for subpart 1of part A of title IV of the HEA: Provided further, That $490,000,000 shall be available for part C of title IV of the HEA, of which $245,000,000 shall become available on October 1, 2009: Provided further, That the provisions of section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
The maximum Pell Grant for which a student shall be eligible during award year 2009-2010 shall be $4,860.CommentsClose CommentsPermalink
Student Aid Administration
For an additional amount for ‘Student Aid 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, $50,000,000, which shall remain available through September 30, 2011: Provided, That such amount shall also be available for an independent audit of programs and activities authorized under section 459A of such Act: Provided further, That the provisions of section 1106 of this Act shall not apply to this appropriation.CommentsClose CommentsPermalink
Higher Education
For an additional amount for ‘Higher Education’ to carry out part A of title II of the Higher Education Act of 1965, $100,000,000: Provided, That section 203(c)(1) of such Act shall not apply to awards made with these funds.CommentsClose CommentsPermalink
Institute of Education Sciences
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: Provided, That the amount set aside from this appropriation pursuant to section 1106 of this Act shall be 1 percent instead of the percentage specified in such section.CommentsClose CommentsPermalink
School Modernization, Renovation, and Repair
For carrying out section 9301 of this Act, $14,000,000,000: Provided, That amount available under section 9301 of this Act for administration and oversight shall take the place of the set-aside under section 1106 of this Act.CommentsClose CommentsPermalink
Higher Education Modernization, Renovation, and Repair
For carrying out section 9302 of this Act, $6,000,000,000: Provided, That amount available under section 9302 of this Act for administration and oversight shall take the place of the set-aside under section 1106 of this Act.CommentsClose CommentsPermalink
GENERAL PROVISIONS, THIS SUBTITLE
SEC. 9301. 21ST CENTURY GREEN HIGH-PERFORMING PUBLIC SCHOOL FACILITIES.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term ‘Bureau-funded school’ has the meaning given to such term in section 1141 of the Education Amendments of 1978 (
(2) The term ‘charter school’ has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
(3) The term ‘local educational agency’--CommentsClose CommentsPermalink
(A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965, and shall also include the Recovery School District of Louisiana and the New Orleans Public Schools; andCommentsClose CommentsPermalink
(B) includes any public charter school that constitutes a local educational agency under State law.CommentsClose CommentsPermalink
(4) The term ‘outlying area’--CommentsClose CommentsPermalink
(A) means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; andCommentsClose CommentsPermalink
(B) includes the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.CommentsClose CommentsPermalink
(5) The term ‘public school facilities’ includes charter schools.CommentsClose CommentsPermalink
(6) The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink
(7) The term ‘LEED Green Building Rating System’ means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as the LEED Green Building Rating System.CommentsClose CommentsPermalink
(8) The term ‘Energy Star’ means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency.CommentsClose CommentsPermalink
(9) The term ‘CHPS Criteria’ means the green building rating program developed by the Collaborative for High Performance Schools.CommentsClose CommentsPermalink
(10) The term ‘Green Globes’ means the Green Building Initiative environmental design and rating system referred to as Green Globes.CommentsClose CommentsPermalink
(b) Purpose- Grants under this section shall be for the purpose of modernizing, renovating, or repairing public school facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to-date technologically.CommentsClose CommentsPermalink
(c) Allocation of Funds-CommentsClose CommentsPermalink
(1) RESERVATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- From the amount appropriated to carry out this section, the Secretary of Education shall reserve 1 percent of such amount, consistent with the purpose described in subsection (b)--CommentsClose CommentsPermalink
(i) to provide assistance to the outlying areas; andCommentsClose CommentsPermalink
(ii) for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.CommentsClose CommentsPermalink
(B) ADMINISTRATION AND OVERSIGHT- The Secretary may, in addition, reserve up to $6,000,000 of such amount for administration and oversight of this section.CommentsClose CommentsPermalink
(2) ALLOCATION TO STATES-CommentsClose CommentsPermalink
(A) STATE-BY-STATE ALLOCATION- Of the amount appropriated to carry out this section, and not reserved under paragraph (1), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2008 relative to the total amount received by all local educational agencies in every State under such part for such fiscal year.CommentsClose CommentsPermalink
(B) STATE ADMINISTRATION- A State may reserve up to 1 percent of its allocation under subparagraph (A) to carry out its responsibilities under this section, including--CommentsClose CommentsPermalink
(i) providing technical assistance to local educational agencies;CommentsClose CommentsPermalink
(ii) developing, within 6 months of receiving its allocation under subparagraph (A), a plan to develop a database that includes an inventory of public school facilities in the State and the modernization, renovation, and repair needs of, energy use by, and the carbon footprint of such schools; andCommentsClose CommentsPermalink
(iii) developing a school energy efficiency quality plan.CommentsClose CommentsPermalink
(C) GRANTS TO LOCAL EDUCATIONAL AGENCIES- From the amount allocated to a State under subparagraph (A), each local educational agency in the State that meets the requirements of section 1112(a) of the Elementary and Secondary Education Act of 1965 shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of that Act for fiscal year 2008 relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under part A of title I of that Act for such fiscal year shall receive a grant of less than $5,000.CommentsClose CommentsPermalink
(D) SPECIAL RULE- Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 shall not apply to subparagraph (A) or (C).CommentsClose CommentsPermalink
(3) SPECIAL RULES-CommentsClose CommentsPermalink
(A) DISTRIBUTIONS BY SECRETARY- The Secretary of Education shall make and distribute the reservations and allocations described in paragraphs (1) and (2) not later than 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(B) DISTRIBUTIONS BY STATES- A State shall make and distribute the allocations described in paragraph (2)(C) within 30 days of receiving such funds from the Secretary.CommentsClose CommentsPermalink
(d) Use It or Lose It Requirements-CommentsClose CommentsPermalink
(1) DEADLINE FOR BINDING COMMITMENTS- Each local educational agency receiving funds under this section shall enter into contracts or other binding commitments not later than 1 year after the date of the enactment of this Act (or not later than 9 months after such funds are awarded, if later) to make use of 50 percent of such funds, and shall enter into contracts or other binding commitments not later than 2 years after the date of the enactment of this Act (or not later than 21 months after such funds are awarded, if later) to make use of the remaining funds. In the case of activities to be carried out directly by a local educational agency (rather than by contracts, subgrants, or other arrangements with third parties), a certification by the agency specifying the amounts, planned timing, and purpose of such expenditures shall be deemed a binding commitment for purposes of this subsection.CommentsClose CommentsPermalink
(2) REDISTRIBUTION OF UNCOMMITTED FUNDS- A State shall recover or deobligate any funds not committed in accordance with paragraph (1), and redistribute such funds to other local educational agencies eligible under this section and able to make use of such funds in a timely manner (including binding commitments within 120 days after the reallocation).CommentsClose CommentsPermalink
(e) Allowable Uses of Funds- A local educational agency receiving a grant under this section shall use the grant for modernization, renovation, or repair of public school facilities, including--CommentsClose CommentsPermalink
(1) repairing, replacing, or installing roofs, including extensive, intensive or semi-intensive green roofs, electrical wiring, plumbing systems, sewage systems, lighting systems, or components of such systems, windows, or doors, including security doors;CommentsClose CommentsPermalink
(2) repairing, replacing, or installing heating, ventilation, air conditioning systems, or components of such systems (including insulation), including indoor air quality assessments;CommentsClose CommentsPermalink
(3) bringing public schools into compliance with fire, health, and safety codes, including professional installation of fire/life safety alarms, including modernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as improving building infrastructure to accommodate security measures;CommentsClose CommentsPermalink
(4) modifications necessary to make public school facilities accessible to comply with the Americans with Disabilities Act of 1990 (
(5) asbestos or polychlorinated biphenyls abatement or removal from public school facilities;CommentsClose CommentsPermalink
(6) implementation of measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls, abatement, or a combination of each;CommentsClose CommentsPermalink
(7) implementation of measures designed to reduce or eliminate human exposure to mold or mildew;CommentsClose CommentsPermalink
(8) upgrading or installing educational technology infrastructure to ensure that students have access to up-to-date educational technology;CommentsClose CommentsPermalink
(9) technology activities that are carried out in connection with school repair and renovation, including--CommentsClose CommentsPermalink
(A) wiring;CommentsClose CommentsPermalink
(B) acquiring hardware and software;CommentsClose CommentsPermalink
(C) acquiring connectivity linkages and resources; andCommentsClose CommentsPermalink
(D) acquiring microwave, fiber optics, cable, and satellite transmission equipment;CommentsClose CommentsPermalink
(10) modernization, renovation, or repair of science and engineering laboratory facilities, libraries, and career and technical education facilities, including those related to energy efficiency and renewable energy, and improvements to building infrastructure to accommodate bicycle and pedestrian access;CommentsClose CommentsPermalink
(11) renewable energy generation and heating systems, including solar, photovoltaic, wind, geothermal, or biomass, including wood pellet, systems or components of such systems;CommentsClose CommentsPermalink
(12) other modernization, renovation, or repair of public school facilities to--CommentsClose CommentsPermalink
(A) improve teachers’ ability to teach and students’ ability to learn;CommentsClose CommentsPermalink
(B) ensure the health and safety of students and staff;CommentsClose CommentsPermalink
(C) make them more energy efficient; orCommentsClose CommentsPermalink
(D) reduce class size; andCommentsClose CommentsPermalink
(13) required environmental remediation related to public school modernization, renovation, or repair described in paragraphs (1) through (12).CommentsClose CommentsPermalink
(f) Impermissible Uses of Funds- No funds received under this section may be used for--CommentsClose CommentsPermalink
(1) payment of maintenance costs; orCommentsClose CommentsPermalink
(2) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public.CommentsClose CommentsPermalink
(g) Supplement, Not Supplant- A local educational agency receiving a grant under this section shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, or repair of public school facilities.CommentsClose CommentsPermalink
(h) Prohibition Regarding State Aid- A State shall not take into consideration payments under this section in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children.CommentsClose CommentsPermalink
(i) Special Rule on Contracting- Each local educational agency receiving a grant under this section shall ensure that, if the agency carries out modernization, renovation, or repair through a contract, the process for any such contract ensures the maximum number of qualified bidders, including local, small, minority, and women- and veteran-owned businesses, through full and open competition.CommentsClose CommentsPermalink
(j) Special Rule on Use of Iron and Steel Produced in the United States-CommentsClose CommentsPermalink
(1) IN GENERAL- A local educational agency shall not obligate or expend funds received under this section for a project for the modernization, renovation, or repair of a public school facility unless all of the iron and steel used in such project is produced in the United States.CommentsClose CommentsPermalink
(2) EXCEPTIONS- The provisions of paragraph (1) shall not apply in any case in which the local educational agency finds that--CommentsClose CommentsPermalink
(A) their application would be inconsistent with the public interest;CommentsClose CommentsPermalink
(B) iron and steel are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; orCommentsClose CommentsPermalink
(C) inclusion of iron and steel produced in the United States will increase the cost of the overall project contract by more than 25 percent.CommentsClose CommentsPermalink
(k) Application of GEPA- The grant program under this section is an applicable program (as that term is defined in section 400 of the General Education Provisions Act (
(l) Charter Schools- A local educational agency receiving an allocation under this section shall use an equitable portion of that allocation for allowable activities benefitting charter schools within its jurisdiction, as determined based on the percentage of students from low-income families in the schools of the agency who are enrolled in charter schools and on the needs of those schools as determined by the agency.CommentsClose CommentsPermalink
(m) Green Schools-CommentsClose CommentsPermalink
(1) IN GENERAL- A local educational agency shall use not less than 25 percent of the funds received under this section for public school modernization, renovation, or repairs that are certified, verified, or consistent with any applicable provisions of--CommentsClose CommentsPermalink
(A) the LEED Green Building Rating System;CommentsClose CommentsPermalink
(B) Energy Star;CommentsClose CommentsPermalink
(C) the CHPS Criteria;CommentsClose CommentsPermalink
(D) Green Globes; orCommentsClose CommentsPermalink
(E) an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency.CommentsClose CommentsPermalink
(2) TECHNICAL ASSISTANCE- The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and school districts concerning the best practices in school modernization, renovation, and repair, including those related to student academic achievement and student and staff health, energy efficiency, and environmental protection.CommentsClose CommentsPermalink
(n) Youthbuild Programs- The Secretary of Education, in consultation with the Secretary of Labor, shall work with recipients of funds under this section to promote appropriate opportunities for participants in a YouthBuild program (as defined in section 173A of the Workforce Investment Act of 1998 (
(o) Reporting-CommentsClose CommentsPermalink
(1) REPORTS BY LOCAL EDUCATIONAL AGENCIES- Local educational agencies receiving a grant under this section shall compile, and submit to the State educational agency (which shall compile and submit such reports to the Secretary), a report describing the projects for which such funds were used, including--CommentsClose CommentsPermalink
(A) the number of public schools in the agency, including the number of charter schools;CommentsClose CommentsPermalink
(B) the total amount of funds received by the local educational agency under this section and the amount of such funds expended, including the amount expended for modernization, renovation, and repair of charter schools;CommentsClose CommentsPermalink
(C) the number of public schools in the agency with a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under this section that were used for projects at such schools;CommentsClose CommentsPermalink
(D) the number of public schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 and the percentage of funds received by the agency under this section that were used for projects at such schools;CommentsClose CommentsPermalink
(E) the cost of each project, which, if any, of the standards described in subsection (k)(1) the project met, and any demonstrable or expected academic, energy, or environmental benefits as a result of the project;CommentsClose CommentsPermalink
(F) if flooring was installed, whether--CommentsClose CommentsPermalink
(i) it was low- or no-VOC (Volatile Organic Compounds) flooring;CommentsClose CommentsPermalink
(ii) it was made from sustainable materials; andCommentsClose CommentsPermalink
(iii) use of flooring described in clause (i) or (ii) was cost effective; andCommentsClose CommentsPermalink
(G) the total number and amount of contracts awarded, and the number and amount of contracts awarded to local, small, minority-owned, women-owned, and veteran-owned businesses.CommentsClose CommentsPermalink
(2) REPORTS BY SECRETARY- Not later than December 31, 2011, the Secretary of Education shall submit to the Committees on Education and Labor and Appropriations of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Appropriations of the Senate a report on grants made under this section, including the information described in paragraph (1), the types of modernization, renovation, and repair funded, and the number of students impacted, including the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965.CommentsClose CommentsPermalink
SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVATION, AND REPAIR.
(a) Purpose- Grants awarded under this section shall be for the purpose of modernizing, renovating, and repairing institution of higher education facilities that are primarily used for instruction, research, or student housing.CommentsClose CommentsPermalink
(b) Grants to State Higher Education Agencies-CommentsClose CommentsPermalink
(1) FORMULA- From the amounts appropriated to carry out this section, the Secretary of Education shall allocate funds to State higher education agencies based on the number of students attending institutions of higher education, with the State higher education agency in each State receiving an amount that is in proportion to the number of full-time equivalent undergraduate students attending institutions of higher education in such State for the most recent fiscal year for which there are data available, relative to the total number of full-time equivalent undergraduate students attending institutions of higher education in all States for such fiscal year.CommentsClose CommentsPermalink
(2) APPLICATION- To be eligible to receive an allocation from the Secretary under paragraph (1), a State higher education agency shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.CommentsClose CommentsPermalink
(3) REALLOCATION- Amounts allocated to a State higher education agency under this section that are not obligated by such agency within 6 months of the date the agency receives such amounts shall be returned to the Secretary, and the Secretary shall reallocate such amounts to State higher education agencies in other States on the same basis as the original allocations under paragraph (1)(B).CommentsClose CommentsPermalink
(4) ADMINISTRATION AND OVERSIGHT EXPENSES- From the amounts appropriated to carry out this section, not more than $6,000,000 shall be available to the Secretary for administrative and oversight expenses related to carrying out this section.CommentsClose CommentsPermalink
(c) Use of Grants by State Higher Education Agencies-CommentsClose CommentsPermalink
(1) SUBGRANTS TO INSTITUTIONS OF HIGHER EDUCATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in paragraph (2), each State higher education agency receiving an allocation under subsection (b)(1) shall use the amount allocated to award subgrants to institutions of higher education within the State to carry out projects in accordance with subsection (d)(1).CommentsClose CommentsPermalink
(B) SUBGRANT AWARD ALLOCATION- A State higher education agency shall award subgrants to institutions of higher education under this section based on the demonstrated need of each institution for facility modernization, renovation, and repair.CommentsClose CommentsPermalink
(C) PRIORITY CONSIDERATIONS- In awarding subgrants under this section, each State higher education agency shall give priority consideration to institutions of higher education with any of the following characteristics:CommentsClose CommentsPermalink
(i) The institution is eligible for Federal assistance under title III or title V of the Higher Education Act of 1965.CommentsClose CommentsPermalink
(ii) The institution was impacted by a major disaster or emergency declared by the President (as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(iii) The institution demonstrates that the proposed project or projects to be carried out with a subgrant under this section will increase the energy efficiency of the institution’s facilities and comply with the LEED Green Building Rating System.CommentsClose CommentsPermalink
(2) ADMINISTRATIVE AND OVERSIGHT EXPENSES- Of the allocation amount received under subsection (b)(1), a State higher education agency may reserve not more than 5 percent of such amount, or $500,000, whichever is less, for administrative and oversight expenses related to carrying out this section.CommentsClose CommentsPermalink
(d) Use of Subgrants by Institutions of Higher Education-CommentsClose CommentsPermalink
(1) PERMISSIBLE USES OF FUNDS- An institution of higher education receiving a subgrant under this section shall use such subgrant to modernize, renovate, or repair facilities of the institution that are primarily used for instruction, research, or student housing, which may include any of the following:CommentsClose CommentsPermalink
(A) Repair, replacement, or installation of roofs, electrical wiring, plumbing systems, sewage systems, or lighting systems.CommentsClose CommentsPermalink
(B) Repair, replacement, or installation of heating, ventilation, or air conditioning systems (including insulation).CommentsClose CommentsPermalink
(C) Compliance with fire and safety codes, including--CommentsClose CommentsPermalink
(i) professional installation of fire or life safety alarms; andCommentsClose CommentsPermalink
(ii) modernizations, renovations, and repairs that ensure that the institution’s facilities are prepared for emergencies, such as improving building infrastructure to accommodate security measures.CommentsClose CommentsPermalink
(D) Retrofitting necessary to increase the energy efficiency of the institution’s facilities.CommentsClose CommentsPermalink
(E) Renovations to the institution’s facilities necessary to comply with accessibility requirements in the Americans with Disabilities Act of 1990 (
(F) Abatement or removal of asbestos from the institution’s facilities.CommentsClose CommentsPermalink
(G) Modernization, renovation, and repair relating to improving science and engineering laboratories, libraries, and instructional facilities.CommentsClose CommentsPermalink
(H) Upgrading or installation of educational technology infrastructure.CommentsClose CommentsPermalink
(I) Installation or upgrading of renewable energy generation and heating systems, including solar, photovoltaic, wind, biomass (including wood pellet), or geothermal systems, or components of such systems.CommentsClose CommentsPermalink
(J) Other modernization, renovation, or repair projects that are primarily for instruction, research, or student housing.CommentsClose CommentsPermalink
(2) GREEN SCHOOL REQUIREMENT- An institution of higher education receiving a subgrant under this section shall use not less than 25 percent of such subgrant to carry out projects for modernization, renovation, or repair that are certified, verified, or consistent with the applicable provisions of--CommentsClose CommentsPermalink
(A) the LEED Green Building Rating System;CommentsClose CommentsPermalink
(B) Energy Star;CommentsClose CommentsPermalink
(C) the CHPS Criteria;CommentsClose CommentsPermalink
(D) Green Globes; orCommentsClose CommentsPermalink
(E) an equivalent program adopted by the State or the State higher education agency.CommentsClose CommentsPermalink
(3) PROHIBITED USES OF FUNDS- No funds awarded under this section may be used for--CommentsClose CommentsPermalink
(A) the maintenance of systems, equipment, or facilities, including maintenance associated with any permissible uses of funds described in paragraph (1);CommentsClose CommentsPermalink
(B) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;CommentsClose CommentsPermalink
(C) modernization, renovation, or repair of facilities--CommentsClose CommentsPermalink
(i) used for sectarian instruction, religious worship, or a school or department of divinity; orCommentsClose CommentsPermalink
(ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission; orCommentsClose CommentsPermalink
(D) construction of new facilities.CommentsClose CommentsPermalink
(4) USE IT OR LOSE IT REQUIREMENTS-CommentsClose CommentsPermalink
(A) DEADLINE FOR BINDING COMMITMENTS- Each institution of higher education receiving a subgrant under this section shall enter into contracts or other binding commitments not later than 1 year after the date of the enactment of this Act (or not later than 9 months after the subgrant is awarded, if later) to make use of 50 percent of the funds awarded, and shall enter into contracts or other binding commitments not later than 2 years after the date of the enactment of this Act (or not later than 21 months after the subgrant is awarded, if later) to make use of the remaining funds. In the case of activities to be carried out directly by an institution of higher education receiving such a subgrant (rather than by contracts, subgrants, or other arrangements with third parties), a certification by the institution specifying the amounts, planned timing, and purpose of such expenditures shall be deemed a binding commitment for purposes of this section.CommentsClose CommentsPermalink
(B) REDISTRIBUTION OF UNCOMMITTED FUNDS- A State higher education agency shall recover or deobligate any subgrant funds not committed in accordance with subparagraph (A), and redistribute such funds to other institutions of higher education that are--CommentsClose CommentsPermalink
(i) eligible for subgrants under this section; andCommentsClose CommentsPermalink
(ii) able to make use of such funds in a timely manner (including binding commitments within 120 days after the reallocation).CommentsClose CommentsPermalink
(e) Application of GEPA- The grant program authorized in this section is an applicable program (as that term is defined in section 400 of the General Education Provisions Act (
(f) Reporting-CommentsClose CommentsPermalink
(1) REPORTS BY INSTITUTIONS- Not later than September 30, 2011, each institution of higher education receiving a subgrant under this section shall submit to the State higher education agency awarding such subgrant a report describing the projects for which such subgrant was received, including--CommentsClose CommentsPermalink
(A) a description of each project carried out, or planned to be carried out, with such subgrant, including the types of modernization, renovation, and repair to be completed by each such project;CommentsClose CommentsPermalink
(B) the total amount of funds received by the institution under this section and the amount of such funds expended, as of the date of the report, on the such projects;CommentsClose CommentsPermalink
(C) the actual or planned cost of each such project and any demonstrable or expected academic, energy, or environmental benefits resulting from such project; andCommentsClose CommentsPermalink
(D) the total number of contracts, and amount of funding for such contracts, awarded by the institution to carry out such projects, as of the date of such report, including the number of contracts, and amount of funding for such contracts, awarded to local, small, minority-owned, women-owned, and veteran-owned businesses, as such terms are defined by the Small Business Act.CommentsClose CommentsPermalink
(2) REPORTS BY STATES- Not later than December 31, 2011, each State higher education agency receiving a grant under this section shall submit to the Secretary a report containing a compilation of all of the reports under paragraph (1) submitted to the agency by institutions of higher education.CommentsClose CommentsPermalink
(3) REPORTS BY THE SECRETARY- Not later than March 31, 2012, the Secretary shall submit to the Committee on Education and Labor in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate and Committees on Appropriations of the House of Representatives and the Senate a report on grants and subgrants made under this section, including the information described in paragraph (1).CommentsClose CommentsPermalink
(g) Definitions- In this section:CommentsClose CommentsPermalink
(1) CHPS CRITERIA- The term ‘CHPS Criteria’ means the green building rating program developed by the Collaborative for High Performance Schools.CommentsClose CommentsPermalink
(2) ENERGY STAR- The term ‘Energy Star’ means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency.CommentsClose CommentsPermalink
(3) GREEN GLOBES- The term ‘Green Globes’ means the Green Building Initiative environmental design and rating system referred to as Green Globes.CommentsClose CommentsPermalink
(4) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965.CommentsClose CommentsPermalink
(5) LEED GREEN BUILDING RATING SYSTEM- The term ‘LEED Green Building Rating System’ means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as the LEED Green Building Rating System.CommentsClose CommentsPermalink
(6) SECRETARY- The term ‘Secretary’ means the Secretary of Education.CommentsClose CommentsPermalink
(7) STATE- The term ‘State’ has the meaning given such term in section 103 of the Higher Education Act of 1965 (
(8) STATE HIGHER EDUCATION AGENCY- The term ‘State higher education agency’ has the meaning given such term in section 103 of the Higher Education Act of 1965 (
SEC. 9303. MANDATORY PELL GRANTS.
Section 401(b)(9)(A) of the Higher Education Act of 1965 (
(1) in clause (ii), by striking ‘$2,090,000,000’ and inserting ‘$2,733,000,000’; andCommentsClose CommentsPermalink
(2) in clause (iii), by striking ‘$3,030,000,000’ and inserting ‘$3,861,000,000’.CommentsClose CommentsPermalink
SEC. 9304. INCREASE STUDENT LOAN LIMITS.
(a) Amendments- Section 428H(d) of the Higher Education Act of 1965 (
(1) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘$2,000’ and inserting ‘$4,000’; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking ‘$31,000’ and inserting ‘$39,000’; andCommentsClose CommentsPermalink
(2) in paragraph (4)--CommentsClose CommentsPermalink
(A) in subparagraph (A)--CommentsClose CommentsPermalink
(i) in clause (i)(I) and clause (iii)(I), by striking ‘$6,000’ each place it appears and inserting ‘$8,000’; andCommentsClose CommentsPermalink
(ii) in clause (ii)(I) and clause (iii)(II), by striking ‘$7,000’ each place it appears and inserting ‘$9,000’; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking ‘$57,500’ and inserting ‘$65,500’.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall be effective for loans first disbursed on or after January 1, 2009.CommentsClose CommentsPermalink
SEC. 9305. STUDENT LENDER SPECIAL ALLOWANCE.
(a) Temporary Calculation Rule- Section 438(b)(2)(I) of the Higher Education Act of 1965 (
‘(vii) TEMPORARY CALCULATION RULE DURING UNSTABLE COMMERCIAL PAPER MARKETS-CommentsClose CommentsPermalink
‘(I) CALCULATION BASED ON LIBOR- For the calendar quarter beginning on October 1, 2008, and ending on December 31, 2008, in computing the special allowance paid pursuant to this subsection with respect to loans for which the first disbursement is made on or after January 1, 2000, clause (i)(I) of this subparagraph shall be applied by substituting ‘the rate that is the average rate of the 3-month London Inter Bank Offered Rate (LIBOR) for United States dollars in effect for each of the days in such quarter as compiled and released by the British Bankers Association, minus 0.13 percent,’ for ‘the average of the bond equivalent rates of the quotes of the 3-month commercial paper (financial) rates in effect for each of the days in such quarter as reported by the Federal Reserve in Publication H-15 (or its successor) for such 3-month period’.CommentsClose CommentsPermalink
‘(II) PARTICIPATION INTERESTS- Notwithstanding subclause (I) of this clause, the special allowance paid on any loan held by a lender that has sold participation interests in such loan to the Secretary shall be the rate computed under this subparagraph without regard to subclause (I) of this clause, unless the lender agrees that the participant’s yield with respect to such participation interest is to be calculated in accordance with subclause (I) of this clause.’.CommentsClose CommentsPermalink
(b) Conforming Amendments- Section 438(b)(2)(I) of the Higher Education Act of 1965 (
(1) in clause (i)(II), by striking ‘such average bond equivalent rate’ and inserting ‘the rate determined under subclause (I)’; andCommentsClose CommentsPermalink
(2) in clause (v)(III), by striking ‘(iv), and (vi)’ and inserting ‘(iv), (vi), and (vii)’.CommentsClose CommentsPermalink
Subtitle D--Related AgenciesCommentsClose CommentsPermalink
Subtitle D--Related AgenciesCommentsClose CommentsPermalink
Corporation for National and Community Service
operating expenses
For an additional amount for ‘Operating Expenses’ to carry out the Domestic Volunteer Service Act of 1973 and the National and Community Service Act of 1990 (‘1990 Act’), $160,000,000, which shall be used to expand existing AmeriCorps grants: Provided, That funds made available under this heading may be used to provide adjustments to awards made prior to September 30, 2010 in order to waive the match requirement authorized in section 121(e)(4) of part I of subtitle C of the 1990 Act, if the Chief Executive Officer of the Corporation for National and Community Service (‘CEO’) determines that the grantee has reduced capacity to meet this requirement: Provided further, That in addition to requirements identified herein, funds provided under this heading shall be subject to the terms and conditions under which funds are appropriated in fiscal year 2009: Provided further, That the CEO shall provide the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2009 operating plan for the funds appropriated under this heading prior to making any Federal obligations of such funds in fiscal year 2009, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2010 operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than November 1, 2009, that detail the allocation of resources and the increased number of volunteers 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
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 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, 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
Social Security Administration
limitation on administrative expenses
(including transfer of funds)
For an additional amount for ‘Limitation on Administrative Expenses’, $900,000,000, which shall be used as follows:CommentsClose CommentsPermalink
(1) $400,000,000 for the construction and associated costs to establish a new National Computer Center, which may include lease or purchase of real property: Provided, That the construction plan and site selection for such center shall be subject to review and approval by the Office of Management and Budget: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified 15 days in advance of the lease or purchase of such site: Provided further, That such center shall continue to be a government-operated facility; andCommentsClose CommentsPermalink
(2) $500,000,000 for processing disability and retirement workloads: Provided, That up to $40,000,000 may be used by the Commissioner of Social Security for health information technology research and activities to facilitate the adoption of electronic medical records in disability claims, including the transfer of funds to ‘Supplemental Security Income Program’ to carry out activities under section 1110 of the Social Security Act.CommentsClose CommentsPermalink
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRSCommentsClose CommentsPermalink
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRSCommentsClose CommentsPermalink
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ‘Military Construction, Army’, $920,000,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the amount provided under this heading, $600,000,000 shall be for training and recruit troop housing, $220,000,000 shall be for permanent party troop housing, and $100,000,000 shall be for child development centers: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Military Construction, Navy and Marine Corps
For an additional amount for ‘Military Construction, Navy and Marine Corps’, $350,000,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the amount provided under this heading, $170,000,000 shall be for sailor and marine housing and $180,000,000 shall be for child development centers: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Military Construction, Air Force
For an additional amount for ‘Military Construction, Air Force’, $280,000,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the amount provided under this heading, $200,000,000 shall be for airmen housing and $80,000,000 shall be for child development centers: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Military Construction, Defense-Wide
For an additional amount for ‘Military Construction, Defense-Wide’, $3,750,000,000, for the construction of hospitals and ambulatory surgery centers: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Military Construction, Army National Guard
For an additional amount for ‘Military Construction, Army National Guard’, $140,000,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Military Construction, Air National Guard
For an additional amount for ‘Military Construction, Air National Guard’, $70,000,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Military Construction, Army Reserve
For an additional amount for ‘Military Construction, Army Reserve’, $100,000,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Military Construction, Navy Reserve
For an additional amount for ‘Military Construction, Navy Reserve’, $30,000,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Military Construction, Air Force Reserve
For an additional amount for ‘Military Construction, Air Force Reserve’, $60,000,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Department of Defense Base Closure Account 1990
For an additional amount to be deposited into the Department of Defense Base Closure Account 1990, established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical facilities
For an additional amount for ‘Medical Facilities’ for non-recurring maintenance, including energy projects, $950,000,000: Provided, That not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
National Cemetery Administration
For an additional amount for ‘National Cemetery Administration’ for monument and memorial repairs, $50,000,000: Provided, That not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
TITLE XI--DEPARTMENT OF STATECommentsClose CommentsPermalink
TITLE XI--DEPARTMENT OF STATECommentsClose CommentsPermalink
DEPARTMENT OF STATE
Administration of Foreign Affairs
capital investment fund
For an additional amount for ‘Capital Investment Fund’, $276,000,000, of which up to $120,000,000 shall be available for the design and construction of a backup information management facility in the United States to support mission-critical operations and projects, and up to $98,527,000 shall be available to carry out the Department of State’s responsibilities under the Comprehensive National Cybersecurity Initiative: Provided, That the Secretary of State shall submit to the Committees on Appropriations of the House of Representatives and the Senate within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading.CommentsClose CommentsPermalink
International Commissions
international boundary and water commission, united states and mexico
construction
(including transfer of funds)
For an additional amount for ‘Construction’ for the water quantity program to meet immediate repair and rehabilitation requirements, $224,000,000: Provided, That up to $2,000,000 may be transferred to, and merged with, funds available under the heading ‘International Boundary and Water Commission, United States and Mexico--Salaries and Expenses’, and such amount shall be in lieu of amounts available under section 1106 of this Act: Provided, That the Secretary of State shall submit to the Committees on Appropriations of the House of Representatives and the Senate within 90 days of enactment of this Act a detailed spending plan for funds appropriated under this heading.CommentsClose CommentsPermalink
TITLE XII--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENTCommentsClose CommentsPermalink
TITLE XII--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENTCommentsClose CommentsPermalink
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
grants-in-aid for airports
For an additional amount for ‘Grants-in-Aid for Airports’, to enable the Secretary of Transportation to make grants for discretionary projects as authorized by subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, $3,000,000,000: Provided, That such funds shall not be subject to apportionment formulas, special apportionment categories, or minimum percentages under chapter 471: Provided further, That the conditions, certifications, and assurances required for grants under subchapter I of chapter 471 of such title apply: Provided further, That for purposes of applying section 1104 of this Act to this appropriation, the deadline for grantees to enter into contracts or other binding commitments to make use of not less than 50 percent of the funds awarded shall be 120 days after award of the grant.CommentsClose CommentsPermalink
Federal Highway Administration
highway infrastructure investment
For projects and activities eligible under
Federal Railroad Administration
capital assistance for intercity passenger rail service
For an additional amount for ‘Capital Assistance for Intercity Passenger Rail Service’ to enable the Secretary of Transportation to make grants for capital costs as authorized by chapter 244 of title 49 United States Code, $300,000,000: Provided, That notwithstanding section 1103 of this Act, the Secretary shall give preference to projects for the repair, rehabilitation, upgrade, or purchase of railroad assets or infrastructure that can be awarded within 180 days of enactment of this Act: Provided further, That in awarding grants for the acquisition of a piece of rolling stock or locomotive, the Secretary shall give preference to FRA-compliant rolling stock and locomotives: Provided further, That the Secretary shall give preference to projects that support the development of intercity high speed rail service: Provided further, That the Federal share shall be, at the option of the recipient, up to 100 percent.CommentsClose CommentsPermalink
capital and debt service grants to the national railroad passenger corporation
For an additional amount for ‘Capital and Debt Service Grants to the National Railroad Passenger Corporation’ (Amtrak) to enable the Secretary of Transportation to make capital grants to Amtrak as authorized by section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (
Federal Transit Administration
transit capital assistance
For transit capital assistance grants, $6,000,000,000, of which $5,400,000,000 shall be for grants under
fixed guideway infrastructure investment
For an amount for capital expenditures authorized under
capital investment grants
For an additional amount for ‘Capital Investment Grants’, as authorized under
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
public housing capital fund
For an additional amount for ‘Public Housing Capital Fund’ to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 (
elderly, disabled, and section 8 assisted housing energy retrofit
For grants or loans to owners of properties receiving project-based assistance pursuant to section 202 of the Housing Act of 1959 (
native american housing block grants
For an additional amount for ‘Native American Housing Block Grants’, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (‘NAHASDA’) (
Community Planning and Development
community development fund
For an additional amount for ‘Community Development Fund’ $1,000,000,000, to carry out the community development block grant program under title I of the Housing and Community Development Act of 1974 (
For a further additional amount for ‘Community Development Fund’, $4,190,000,000, to be used for neighborhood stabilization activities related to emergency assistance for the redevelopment of abandoned and foreclosed homes as authorized under division B, title III of the Housing and Economic Recovery Act of 2008 (
(1) not less than $3,440,000,000 shall be allocated by a competition for which eligible entities shall be States, units of general local government, and nonprofit entities or consortia of nonprofit entities: Provided, That the award criteria for such competition shall include grantee capacity, leveraging potential, targeted impact of foreclosure prevention, and any additional factors determined by the Secretary of Housing and Urban Development: Provided further, that the Secretary may establish a minimum grant size: Provided further, That amounts made available under this Section may be used to (A) establish financing mechanisms for purchase and redevelopment of foreclosed-upon homes and residential properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers; (B) purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell or rent such homes and properties; (C) establish and operate land banks for homes that have been foreclosed upon; (D) demolish foreclosed properties that have become blighted structures; and (E) redevelop demolished or vacant foreclosed properties in order to sell or rent such properties; andCommentsClose CommentsPermalink
(2) up to $750,000,000 shall be awarded by competition to nonprofit entities or consortia of nonprofit entities to provide community stabilization assistance by (A) accelerating state and local government and nonprofit productivity; (B) increasing the scale and efficiency of property transfers of foreclosed and vacant residential properties from financial institutions and government entities to qualified local housing providers in order to return the properties to productive affordable housing use; (C) building industry and property management capacity; and (D) partnering with private sector real estate developers and contractors and leveraging private sector capital: Provided further, That such community stabilization assistance shall be provided primarily in States and areas with high rates of defaults and foreclosures to support the acquisition, rehabilitation and property management of single-family and multi-family homes and to work in partnership with the private sector real estate industry and to leverage available private and public funds for those purposes: Provided further, That for purposes of this paragraph qualified local housing providers shall be nonprofit organizations with demonstrated capabilities in real estate development or acquisition and rehabilitation or property management of single- or multi-family homes, or local or state governments or instrumentalities of such governments: Provided further, That qualified local housing providers shall be expected to utilize and leverage additional local nonprofit, governmental, for-profit and private resources:CommentsClose CommentsPermalink
Provided further, That in the case of any foreclosure on any dwelling or residential real property acquired with any amounts made available under this heading, any successor in interest in such property pursuant to the foreclosure shall assume such interest subject to--(1) the provision by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90-day notice under this paragraph; or (B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90-day notice under this paragraph, except that nothing in this paragraph shall affect the requirements for termination of any Federal- or State-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants: Provided further, That, for purposes of this paragraph, a lease or tenancy shall be considered bona fide only if (1) the mortgagor under the contract is not the tenant; (2) the lease or tenancy was the result of an arms-length transaction; and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property: Provided further, That the recipient of any grant or loan from amounts made available under this heading may not refuse to lease a dwelling unit in housing assisted with such loan or grant to a holder of a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937 (
home investment partnerships program
For an additional amount for ‘HOME Investment Partnerships Program’ as authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act (‘the Act’), $1,500,000,000: Provided, That the amount appropriated under this heading shall be distributed according to the same funding formula used in fiscal year 2008: Provided further, That the Secretary of Housing and Urban Development may waive statutory or regulatory provisions related to the obligation of such funds if necessary to facilitate the timely expenditure of funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment): Provided further, That in selecting projects to be funded, recipients shall give priority to projects that can award contracts based on bids within 120 days from the date that funds are available to the recipients.CommentsClose CommentsPermalink
self-help and assisted homeownership opportunity program
For an additional amount for ‘Self-Help and Assisted Homeownership Opportunity Program’, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, $10,000,000: Provided, That in awarding competitive grant funds, the Secretary of Housing and Urban Development shall give priority to the provision and rehabilitation of sustainable, affordable single and multifamily units in low-income, high-need rural areas: Provided further, That in selecting projects to be funded, grantees shall give priority to projects that can award contracts based on bids within 120 days from the date the funds are made available to the grantee.CommentsClose CommentsPermalink
homeless assistance grants
For an additional amount for ‘Homeless Assistance Grants’, for the emergency shelter grants program as authorized under subtitle B of tile IV of the McKinney-Vento Homeless Assistance Act, $1,500,000,000: Provided, That in addition to homeless prevention activities specified in the emergency shelter grant program, funds provided under this heading may be used for the provision of short-term or medium-term rental assistance; housing relocation and stabilization services including housing search, mediation or outreach to property owners, legal services, credit repair, resolution of security or utility deposits, utility payments, rental assistance for a final month at a location, and moving costs assistance; or other appropriate homelessness prevention activities; Provided further, That these funds shall be allocated pursuant to the formula authorized by section 413 of such Act: Provided further, That the Secretary of Housing and Urban Development may waive statutory or regulatory provisions related to the obligation and use of emergency shelter grant funds necessary to facilitate the timely expenditure of funds.CommentsClose CommentsPermalink
Office of Healthy Homes and Lead Hazard Control
lead hazard reduction
For an additional amount for ‘Lead Hazard Reduction’, for the Lead Hazard Reduction Program as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $100,000,000: Provided, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (
GENERAL PROVISIONS, THIS TITLE
SEC. 12001. MAINTENANCE OF EFFORT AND REPORTING REQUIREMENTS TO ENSURE TRANSPARENCY AND ACCOUNTABILITY.
(a) Maintenance of Effort- Not later than 30 days after the date of enactment of this Act, for each amount that is distributed to a State or agency thereof from an appropriation in this Act for a covered program, the Governor of the State shall certify that the State will maintain its effort with regard to State funding for the types of projects that are funded by the appropriation. As part of this certification, the Governor shall submit to the covered agency a statement identifying the amount of funds the State planned to expend as of the date of enactment of this Act from non-Federal sources in the period beginning on the date of enactment of this Act through September 30, 2010, for the types of projects that are funded by the appropriation.CommentsClose CommentsPermalink
(b) Periodic Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding any other provision of law, each grant recipient shall submit to the covered agency from which they received funding periodic reports on the use of the funds appropriated in this Act for covered programs. Such reports shall be collected and compiled by the covered agency and transmitted to Congress.CommentsClose CommentsPermalink
(2) CONTENTS OF REPORTS- For amounts received under each covered program by a grant recipient under this Act, the grant recipient shall include in the periodic reports information tracking--CommentsClose CommentsPermalink
(A) the amount of Federal funds appropriated, allocated, obligated, and outlayed under the appropriation;CommentsClose CommentsPermalink
(B) the number of projects that have been put out to bid under the appropriation and the amount of Federal funds associated with such projects;CommentsClose CommentsPermalink
(C) the number of projects for which contracts have been awarded under the appropriation and the amount of Federal funds associated with such contracts;CommentsClose CommentsPermalink
(D) the number of projects for which work has begun under such contracts and the amount of Federal funds associated with such contracts;CommentsClose CommentsPermalink
(E) the number of projects for which work has been completed under such contracts and the amount of Federal funds associated with such contracts;CommentsClose CommentsPermalink
(F) the number of jobs created or sustained by the Federal funds provided for projects under the appropriation, including information on job sectors and pay levels; andCommentsClose CommentsPermalink
(G) for each covered program report information tracking the actual aggregate expenditures by each grant recipient from non-Federal sources for projects eligible for funding under the program during the period beginning on the date of enactment of this Act through September 30, 2010, as compared to the level of such expenditures that were planned to occur during such period as of the date of enactment of this Act.CommentsClose CommentsPermalink
(3) TIMING OF REPORTS- Each grant recipient shall submit the first of the periodic reports required under this subsection not later than 30 days after the date of enactment of this Act and shall submit updated reports not later than 60 days, 120 days, 180 days, 1 year, and 3 years after such date of enactment.CommentsClose CommentsPermalink
(c) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
(1) COVERED AGENCY- The term ‘covered agency’ means the Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, and the Federal Transit Administration of the Department of Transportation.CommentsClose CommentsPermalink
(2) COVERED PROGRAM- The term ‘covered program’ means funds appropriated in this Act for ‘Grants-in-Aid for Airports’ to the Federal Aviation Administration; for ‘Highway Infrastructure Investment’ to the Federal Highway Administration; for ‘Capital Assistance for Intercity Passenger Rail Service’ to the Federal Railroad Administration; for ‘Transit Capital Assistance’, ‘Fixed Guideway Infrastructure Investment’, and ‘Capital Investment Grants’ to the Federal Transit Administration.CommentsClose CommentsPermalink
(3) GRANT RECIPIENT- The term ‘grant recipient’ means a State or other recipient of assistance provided under a covered program in this Act. Such term does not include a Federal department or agency.CommentsClose CommentsPermalink
SEC. 12002. FHA LOAN LIMITS FOR 2009.
(a) Loan Limit Floor Based on 2008 Levels- For mortgages for which the mortgagee issues credit approval for the borrower during calendar year 2009, if the dollar amount limitation on the principal obligation of a mortgage determined under section 203(b)(2) of the National Housing Act (
(b) Discretionary Authority for Sub-Areas- Notwithstanding any other provision of law, if the Secretary of Housing and Urban Development determines, for any geographic area that is smaller than an area for which dollar amount limitations on the principal obligation of a mortgage are determined under section 203(b)(2) of the National Housing Act, that a higher such maximum dollar amount limitation is warranted for any particular size or sizes of residences in such sub-area by higher median home prices in such sub-area, the Secretary may, for mortgages for which the mortgagee issues credit approval for the borrower during calendar year 2009, increase the maximum dollar amount limitation for such size or sizes of residences for such sub-area that is otherwise in effect (including pursuant to subsection (a) of this section), but in no case to an amount that exceeds the amount specified in section 202(a)(2) of the Economic Stimulus Act of 2008.CommentsClose CommentsPermalink
SEC. 12003. GSE CONFORMING LOAN LIMITS FOR 2009.
(a) Loan Limit Floor Based on 2008 Levels- For mortgages originated during calendar year 2009, if the limitation on the maximum original principal obligation of a mortgage that may purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation determined under section 302(b)(2) of the Federal National Mortgage Association Charter Act (
(b) Discretionary Authority for Sub-Areas- Notwithstanding any other provision of law, if the Director of the Federal Housing Finance Agency determines, for any geographic area that is smaller than an area for which limitations on the maximum original principal obligation of a mortgage are determined for the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, that a higher such maximum original principal obligation limitation is warranted for any particular size or sizes of residences in such sub-area by higher median home prices in such sub-area, the Director may, for mortgages originated during 2009, increase the maximum original principal obligation limitation for such size or sizes of residences for such sub-area that is otherwise in effect (including pursuant to subsection (a) of this section) for such Association and Corporation, but in no case to an amount that exceeds the amount specified in the matter following the comma in section 201(a)(1)(B) of the Economic Stimulus Act of 2008.CommentsClose CommentsPermalink
SEC. 12004. FHA REVERSE MORTGAGE LOAN LIMITS FOR 2009.
For mortgages for which the mortgagee issues credit approval for the borrower during calendar year 2009, the second sentence of section 255(g) of the National Housing Act (
TITLE XIII--STATE FISCAL STABILIZATION FUNDCommentsClose CommentsPermalink
TITLE XIII--STATE FISCAL STABILIZATION FUNDCommentsClose CommentsPermalink
DEPARTMENT OF EDUCATION
State Fiscal Stabilization Fund
For necessary expenses for a State Fiscal Stabilization Fund, $79,000,000,000, which shall be administered by the Department of Education, of which $39,500,000,000 shall become available on July 1, 2009 and remain available through September 30, 2010, and $39,500,000,000 shall become available on July 1, 2010 and remain available through September 30, 2011: Provided, That the provisions of section 1103 of this Act shall not apply to the funds reserved under section 13001(c) of this title: Provided further, That the amount made available under section 13001(b) of this title for administration and oversight shall take the place of the set-aside under section 1106 of this Act.CommentsClose CommentsPermalink
GENERAL PROVISIONS, THIS TITLE
SEC. 13001. ALLOCATIONS.
(a) Outlying Areas- From each year’s appropriation to carry out this title, the Secretary of Education shall first allocate one half of 1 percent to the outlying areas on the basis of their respective needs, as determined by the Secretary, for activities consistent with this title under such terms and conditions as the Secretary may determine.CommentsClose CommentsPermalink
(b) Administration and Oversight- The Secretary may, in addition, reserve up to $12,500,000 each year for administration and oversight of this title, including for program evaluation.CommentsClose CommentsPermalink
(c) Reservation for Additional Programs- After reserving funds under subsections (a) and (b), the Secretary shall reserve $7,500,000,000 each year for grants under sections 13006 and 13007.CommentsClose CommentsPermalink
(d) State Allocations- After carrying out subsections (a), (b), and (c), the Secretary shall allocate the remaining funds made available to carry out this title to the States as follows:CommentsClose CommentsPermalink
(1) 61 percent on the basis of their relative population of individuals aged 5 through 24.CommentsClose CommentsPermalink
(2) 39 percent on the basis of their relative total population.CommentsClose CommentsPermalink
(e) State Grants- From funds allocated under subsection (d), the Secretary shall make grants to the Governor of each State.CommentsClose CommentsPermalink
(f) Reallocation- The Governor shall return to the Secretary any funds received under subsection (e) that the Governor does not obligate within one year of receiving a grant, and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (d).CommentsClose CommentsPermalink
SEC. 13002. STATE USES OF FUNDS.
(a) Education Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- For each fiscal year, the Governor shall use at least 61 percent of the State’s allocation under section 13001 for the support of elementary, secondary, and postsecondary education.CommentsClose CommentsPermalink
(2) RESTORING 2008 STATE SUPPORT FOR EDUCATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Governor shall first use the funds described in paragraph (1)--CommentsClose CommentsPermalink
(i) to provide the amount of funds, through the State’s principal elementary and secondary funding formula, that is needed to restore State support for elementary and secondary education to the fiscal year 2008 level; andCommentsClose CommentsPermalink
(ii) to provide the amount of funds to public institutions of higher education in the State that is needed to restore State support for postsecondary education to the fiscal year 2008 level.CommentsClose CommentsPermalink
(B) SHORTFALL- If the Governor determines that the amount of funds available under paragraph (1) is insufficient to restore State support for education to the levels described in clauses (i) and (ii) of subparagraph (A), the Governor shall allocate those funds between those clauses in proportion to the relative shortfall in State support for the education sectors described in those clauses.CommentsClose CommentsPermalink
(3) SUBGRANTS TO IMPROVE BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES- After carrying out paragraph (2), the Governor shall use any funds remaining under paragraph (1) to provide local educational agencies in the State with subgrants based on their relative shares of funding under part A of title I of the Elementary and Secondary Education Act of 1965 (
(b) Other Government Services- For each fiscal year, the Governor may use up to 39 percent of the State’s allocation under section 1301 for public safety and other government services, which may include assistance for elementary and secondary education and public institutions of higher education.CommentsClose CommentsPermalink
SEC. 13003. USES OF FUNDS BY LOCAL EDUCATIONAL AGENCIES.
(a) In General- A local educational agency that receives funds under this title may use the funds for any activity authorized by the Elementary and Secondary Education Act of 1965 (
(b) Prohibition- A local educational agency may not use funds received under this title for capital projects unless authorized by ESEA, IDEA, or the Perkins Act.CommentsClose CommentsPermalink
SEC. 13004. USES OF FUNDS BY INSTITUTIONS OF HIGHER EDUCATION.
(a) In General- A public institution of higher education that receives funds under this title shall use the funds for education and general expenditures, and in such a way as to mitigate the need to raise tuition and fees for in-State students.CommentsClose CommentsPermalink
(b) Prohibition- An institution of higher education may not use funds received under this title to increase its endowment.CommentsClose CommentsPermalink
(c) Additional Prohibition- An institution of higher education may not use funds received under this title for construction, renovation, or facility repair.CommentsClose CommentsPermalink
SEC. 13005. STATE APPLICATIONS.
(a) In General- The Governor of a State desiring to receive an allocation under section 13001 shall submit an annual application at such time, in such manner, and containing such information as the Secretary may reasonably require.CommentsClose CommentsPermalink
(b) First Year Application- In the first of such applications, the Governor shall--CommentsClose CommentsPermalink
(1) include the assurances described in subsection (e);CommentsClose CommentsPermalink
(2) provide baseline data that demonstrates the State’s current status in each of the areas described in such assurances; andCommentsClose CommentsPermalink
(3) describe how the State intends to use its allocation.CommentsClose CommentsPermalink
(c) Second Year Application- In the second year application, the Governor shall--CommentsClose CommentsPermalink
(1) include the assurances described in subsection (e); andCommentsClose CommentsPermalink
(2) describe how the State intends to use its allocation.CommentsClose CommentsPermalink
(d) Incentive Grant Application- The Governor of a State seeking a grant under section 13006 shall--CommentsClose CommentsPermalink
(1) submit an application for consideration;CommentsClose CommentsPermalink
(2) describe the status of the State’s progress in each of the areas described in subsection (e), and the strategies the State is employing to help ensure that high-need students in the State continue making progress towards meeting the State’s student academic achievement standards;CommentsClose CommentsPermalink
(3) describe how the State would use its grant funding, including how it will allocate the funds to give priority to high-need schools and local educational agencies; andCommentsClose CommentsPermalink
(4) include a plan for evaluating its progress in closing achievement gaps.CommentsClose CommentsPermalink
(e) Assurances- An application under subsection (b) or (c) shall include the following assurances:CommentsClose CommentsPermalink
(1) MAINTENANCE OF EFFORT-CommentsClose CommentsPermalink
(A) ELEMENTARY AND SECONDARY EDUCATION- The State will, in each of fiscal years 2009 and 2010, maintain State support for elementary and secondary education at least at the level of such support in fiscal year 2006.CommentsClose CommentsPermalink
(B) HIGHER EDUCATION- The State will, in each of fiscal years 2009 and 2010, maintain State support for public institutions of higher education (not including support for capital projects or for research and development) at least at the level of such support in fiscal year 2006.CommentsClose CommentsPermalink
(2) ACHIEVING EQUITY IN TEACHER DISTRIBUTION- The State will take actions to comply with section 1111(b)(8)(C) of ESEA (
(3) IMPROVING COLLECTION AND USE OF DATA- The State will establish a longitudinal data system that includes the elements described in section 6401(e)(2)(D) of the America COMPETES Act (
(4) ASSESSMENTS- The State--CommentsClose CommentsPermalink
(A) will enhance the quality of academic assessments described in section 1111(b)(3) of ESEA (
(B) will comply with the requirements of paragraphs 3(C)(ix) and (6) of section 1111(b) of ESEA (
SEC. 13006. STATE INCENTIVE GRANTS.
(a) In General- From the total amount reserved under section 13001(c) that is not used for section 13007, the Secretary shall, in fiscal year 2010, make grants to States that have made significant progress in meeting the objectives of paragraphs (2), (3), and (4) of section 13005(e).CommentsClose CommentsPermalink
(b) Basis for Grants- The Secretary shall determine which States receive grants under this section, and the amount of those grants, on the basis of information provided in State applications under section 13005 and such other criteria as the Secretary determines appropriate.CommentsClose CommentsPermalink
(c) Subgrants to Local Educational Agencies- Each State receiving a grant under this section shall use at least 50 percent of the grant to provide local educational agencies in the State with subgrants based on their relative shares of funding under part A of title I of ESEA (
SEC. 13007. INNOVATION FUND.
(a) In General-CommentsClose CommentsPermalink
(1) PROGRAM ESTABLISHED- From the total amount reserved under section 13001(c), the Secretary may reserve up to $325,000,000 each year to establish an Innovation Fund, which shall consist of academic achievement awards that recognize States, local educational agencies, or schools that meet the requirements described in subsection (b).CommentsClose CommentsPermalink
(2) BASIS FOR AWARDS- The Secretary shall make awards to States, local educational agencies, or schools that have made significant gains in closing the achievement gap as described in subsection (b)(1)--CommentsClose CommentsPermalink
(A) to allow such States, local educational agencies, and schools to expand their work and serve as models for best practices;CommentsClose CommentsPermalink
(B) to allow such States, local educational agencies, and schools to work in partnership with the private sector and the philanthropic community; andCommentsClose CommentsPermalink
(C) to identify and document best practices that can be shared, and taken to scale based on demonstrated success.CommentsClose CommentsPermalink
(b) Eligibility- To be eligible for such an award, a State, local educational agency, or school shall--CommentsClose CommentsPermalink
(1) have significantly closed the achievement gaps between groups of students described in section 1111(b)(2) of ESEA (
(2) have exceeded the State’s annual measurable objectives consistent with such section 1111(b)(2) for 2 or more consecutive years or have demonstrated success in significantly increasing student academic achievement for all groups of students described in such section through another measure, such as measures described in section 1111(c)(2) of ESEA;CommentsClose CommentsPermalink
(3) have made significant improvement in other areas, such as graduation rates or increased recruitment and placement of high-quality teachers and school leaders, as demonstrated with meaningful data; andCommentsClose CommentsPermalink
(4) demonstrate that they have established partnerships with the private sector, which may include philanthropic organizations, and that the private sector will provide matching funds in order to help bring results to scale.CommentsClose CommentsPermalink
SEC. 13008. STATE REPORTS.
For each year of the program under this title, a State receiving funds under this title shall submit a report to the Secretary, at such time and in such manner as the Secretary may require, that describes--CommentsClose CommentsPermalink
(1) the uses of funds provided under this title within the State;CommentsClose CommentsPermalink
(2) how the State distributed the funds it received under this title;CommentsClose CommentsPermalink
(3) the number of jobs that the Governor estimates were saved or created with funds the State received under this title;CommentsClose CommentsPermalink
(4) tax increases that the Governor estimates were averted because of the availability of funds from this title;CommentsClose CommentsPermalink
(5) the State’s progress in reducing inequities in the distribution of teachers, in implementing a State student longitudinal data system, and in developing and implementing valid and reliable assessments for limited English proficient students and children with disabilities;CommentsClose CommentsPermalink
(6) the tuition and fee increases for in-State students imposed by public institutions of higher education in the State during the period of availability of funds under this title, and a description of any actions taken by the State to limit those increases; andCommentsClose CommentsPermalink
(7) the extent to which public institutions of higher education maintained, increased, or decreased enrollment of in-State students, including students eligible for Pell Grants or other need-based financial assistance.CommentsClose CommentsPermalink
SEC. 13009. EVALUATION.
The Comptroller General of the United States shall conduct evaluations of the programs under sections 13006 and 13007 which shall include, but not be limited to, the criteria used for the awards made, the States selected for awards, award amounts, how each State used the award received, and the impact of this funding on the progress made toward closing achievement gaps.CommentsClose CommentsPermalink
SEC. 13010. SECRETARY’S REPORT TO CONGRESS.
The Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate, not less than 6 months following the submission of State reports, that evaluates the information provided in the State reports under section 13008.CommentsClose CommentsPermalink
SEC. 13011. PROHIBITION ON PROVISION OF CERTAIN ASSISTANCE.
No recipient of funds under this title shall use such funds to provide financial assistance to students to attend private elementary or secondary schools.CommentsClose CommentsPermalink
SEC. 13012. DEFINITIONS.
Except as otherwise provided in this title, as used in this title--CommentsClose CommentsPermalink
(1) the term ‘institution of higher education’ has the meaning given such term in section 101 of the Higher Education Act of 1965 (
(2) the term ‘Secretary’ means the Secretary of Education;CommentsClose CommentsPermalink
(3) the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; andCommentsClose CommentsPermalink
(4) any other term used in this title that is defined in section 9101 of ESEA (
Union Calendar No. 1CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 679CommentsClose CommentsPermalink
[Report No. 111-4]CommentsClose CommentsPermalink
A BILLCommentsClose 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
January 26, 2009CommentsClose CommentsPermalink
January 26, 2009CommentsClose CommentsPermalink
Committed to the Committee of the Whole House on the State of the Union and ordered to be printedCommentsClose CommentsPermalink
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