U.S. Congress - Text of S.336 as Placed on Calendar Senate American Recovery and Reinvestment Act of 2009
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Donate NowS.336 - American Recovery and Reinvestment Act of 2009
An original bill 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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S 336 PCSCommentsClose CommentsPermalink
Calendar No. 19CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 336CommentsClose CommentsPermalink
[Report No. 111-3]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 SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
January 27, 2009CommentsClose CommentsPermalink
January 27, 2009CommentsClose CommentsPermalink
Mr. INOUYE, from the Committee on Appropriations, reported the following original bill, which was read twice and placed on the calendarCommentsClose 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
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes, namely:CommentsClose CommentsPermalink
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for the ‘Office of the Secretary’, $300,000,000, to remain available until September 30, 2010: Provided, That the Secretary may transfer these funds to agencies of the Department, other than the Forest Service, for necessary replacement, modernization, or upgrades of laboratories or other facilities to improve workplace safety and mission-area efficiencies as deemed appropriate by the Secretary: Provided further, that the Secretary shall provide to the Committees on Appropriations of the House and Senate a plan on the allocation of these funds no later than 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘Office of Inspector General’, $5,000,000, to remain available until September 30, 2010, for oversight and audit of programs, grants, and activities funded under this title.CommentsClose CommentsPermalink
Cooperative State Research, Education and Economic Service
RESEARCH AND EDUCATION ACTIVITIES
For an additional amount for competitive grants authorized at
Farm Service Agency
SALARIES AND EXPENSES
For an additional amount for ‘Farm Service Agency, Salaries and Expenses’, $171,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
AGRICULTURAL CREDIT INSURANCE FUND PROGARM ACCOUNT
For an additional amount for gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C 1922 et seq.) and operating (
For an additional amount for the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, to remain available until September 30, 2010, as follows: farm ownership loans, $17,530,000 of which $330,000 shall be for unsubsidized guaranteed loans and $17,200,000 shall be for direct loans; and operating loans, $24,900,000 of which $1,300,000 shall be for unsubsidized guaranteed loans and $23,600,000 shall be for direct loans.CommentsClose CommentsPermalink
Funds appropriated by this Act to the Agricultural Credit Insurance Fund Program Account for farm ownership, operating, and emergency direct loans and unsubsidized guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.CommentsClose CommentsPermalink
Natural Resources Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘Watershed and Flood Prevention Operations’, $275,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
WATERSHED REHABILITATION PROGRAM
For an additional amount for the ‘Watershed Rehabilitation Program’, $120,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
RURAL DEVELOPMENT SALARIES AND EXPENSES
For an additional amount for ‘Rural Development, Salaries and Expenses’, $110,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Rural Housing Service
RURAL HOUSING INSURANCE PROGRAM ACCOUNT
For an additional amount for gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the Rural Housing Insurance Fund Program Account, as follows: $1,000,000,000 for section 502 direct loans; and $10,472,000,000 for section 502 unsubsidized guaranteed loans.CommentsClose CommentsPermalink
For an additional amount for the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, to remain available until September 30, 2010, as follows: $67,000,000 for section 502 direct loans; and $133,000,000 for section 502 unsubsidized guaranteed loans.CommentsClose CommentsPermalink
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
For an additional amount for the cost of direct loans, loan guarantees, and grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $127,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
For an additional amount for the cost of guaranteed loans and grants as authorized by sections 310B(a)(2)(A) and 310B(c) of the Consolidated Farm and Rural Development Act (
BIOREFINERY ASSISTANCE
For the cost of loan guarantees and grants, as authorized by section 9003 of the Farm Security and Rural Investment Act of 2002 (
RURAL ENERGY FOR AMERICA PROGRAM
For an additional amount for the cost of loan guarantees and grants, as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
For an additional amount for the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $1,375,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM ACCOUNT
For an additional amount for direct loans and grants for distance learning and telemedicine services in rural areas, as authorized by
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
For additional amount for the Richard B. Russell National School Lunch Act (
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 (
COMMODITY ASSISTANCE PROGRAM
For an additional amount for the ‘Commodity Assistance Program’, to remain available until September 30, 2010, $150,000,000, which the Secretary shall use to purchase a variety of commodities as authorized by the Commodity Credit Corporation or under section 32 of the Act entitled ‘An Act to amend the Agricultural Adjustment Act, and for other purposes’, approved August 24, 1935 (
GENERAL PROVISIONS--THIS TITLE
SEC. 101. Funds appropriated by this Act and made available to the United States Department of Agriculture for broadband direct loans and loan guarantees, as authorized under title VI of the Rural Electrification Act of 1936 (
SEC. 102. NUTRITION FOR ECONOMIC RECOVERY. (a) Maximum Benefit Increases-CommentsClose CommentsPermalink
(1) ECONOMIC RECOVERY 1-MONTH BEGINNING STIMULUS PAYMENT- For the first month that begins not less than 25 days after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall increase the cost of the thrifty food plan for purposes of section 8(a) of the Food and Nutrition Act of 2008 (
(2) REMAINDER OF FISCAL YEAR 2009- Beginning with the second month that begins not less than 25 days after the date of enactment of this Act, and for each subsequent month through the month ending September 30, 2009, the Secretary shall increase the cost of the thrifty food plan for purposes of section 8(a) of the Food and Nutrition Act of 2008 (
(3) SUBSEQUENT INCREASE FOR FISCAL YEAR 2010- Beginning on October 1, 2009, and for each subsequent month through the month ending September 30, 2010, the Secretary shall increase the cost of the thrifty food plan for purposes of section 8(a) of the Food and Nutrition Act of 2008 (
(4) SUBSEQUENT INCREASE FOR FISCAL YEAR 2011- Beginning on October 1, 2010, and for each subsequent month through the month ending September 30, 2011, the Secretary shall increase the cost of the thrifty food plan for purposes of section 8(a) of the Food and Nutrition Act of 2008 (
(5) TERMINATION OF EFFECTIVENESS- Effective beginning October 1, 2011, the authority provided by this subsection terminates and has no effect.CommentsClose CommentsPermalink
(b) Administration- In carrying out this section, the Secretary shall--CommentsClose CommentsPermalink
(1) consider the benefit increases described in subsection (a) to be a mass change;CommentsClose CommentsPermalink
(2) require a simple process for States to notify households of the changes in benefits;CommentsClose CommentsPermalink
(3) consider section 16(c)(3)(A) of the Food and Nutrition Act of 2008 (
(4) disregard the additional amount of benefits that a household receives as a result of this section in determining the amount of overissuances under section 13 of the Food and Nutrition Act of 2008 (
(5) set the tolerance level for excluding small errors for the purposes of section 16(c) of the Food and Nutrition Act of 2008 (
(c) Administrative Expenses-CommentsClose CommentsPermalink
(1) IN GENERAL- For the costs of State administrative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (
(2) TIMING FOR FISCAL YEAR 2009- Not later than 60 days after the date of enactment of this Act, the Secretary shall make available to States amounts for fiscal year 2009 under paragraph (1).CommentsClose CommentsPermalink
(3) ALLOCATION OF FUNDS- Except as provided in paragraph (6), funds described in paragraph (1) shall be made available to States that meet the requirements of paragraph (5) as grants to State agencies for each fiscal year as follows:CommentsClose CommentsPermalink
(A) 75 percent of the amounts available for each fiscal year shall be allocated to States based on the share of each State of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture for the most recent 12-month period for which data are available, adjusted by the Secretary (in the discretion of the Secretary) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (
(B) 25 percent of the amounts available for each fiscal year shall be allocated to States based on the increase in the number of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture over the most recent 12-month period for which data are available, adjusted by the Secretary (in the discretion of the Secretary) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (
(4) REDISTRIBUTION- The Secretary shall determine an appropriate procedure for redistribution of amounts allocated to States that would otherwise be provided allocations under paragraph (3) for a fiscal year but that do not meet the requirements of paragraph (5).CommentsClose CommentsPermalink
(5) MAINTENANCE OF EFFORT-CommentsClose CommentsPermalink
(A) DEFINITION OF SPECIFIED STATE ADMINISTRATIVE COSTS- In this paragraph:CommentsClose CommentsPermalink
(i) IN GENERAL- The term ‘specified State administrative costs’ includes all State administrative costs under the supplemental nutrition assistance program.CommentsClose CommentsPermalink
(ii) EXCLUSIONS- The term ‘specified State administrative costs’ does not include--CommentsClose CommentsPermalink
(I) the costs of employment and training programs under section 6(d), 20, or 26 of the Food and Nutrition Act of 2008 (
(II) the costs of nutrition education under section 11(f) of that Act (
(III) any other costs the Secretary determines should be excluded.CommentsClose CommentsPermalink
(B) REQUIREMENT- The Secretary shall make funds under this subsection available only to States that, as determined by the Secretary, maintain State expenditures on specified State administrative costs.CommentsClose CommentsPermalink
(6) MONITORING AND EVALUATION- Of the amounts made available under paragraph (1), the Secretary may retain up to $5,000,000 for the costs incurred by the Secretary in monitoring the integrity and evaluating the effects of the payments made under this section.CommentsClose CommentsPermalink
(d) Food Distribution Program on Indian Reservations- For the costs of administrative expenses associated with the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 (
(e) Consolidated Block Grants for Puerto Rico and American Samoa-CommentsClose CommentsPermalink
(1) FISCAL YEAR 2009-CommentsClose CommentsPermalink
(A) IN GENERAL- For fiscal year 2009, the Secretary shall increase by 12 percent the amount available for nutrition assistance for eligible households under the consolidated block grants for the Commonwealth of Puerto Rico and American Samoa under section 19 of the Food and Nutrition Act of 2008 (
(B) AVAILABILITY OF FUNDS- Funds made available under subparagraph (A) shall remain available through September 30, 2010.CommentsClose CommentsPermalink
(2) FISCAL YEAR 2010- For fiscal year 2010, the Secretary shall increase the amount available for nutrition assistance for eligible households under the consolidated block grants for the Commonwealth of Puerto Rico and American Samoa under section 19 of the Food and Nutrition Act of 2008 (
(3) FISCAL YEAR 2011- For fiscal year 2011, the Secretary shall increase the amount available for nutrition assistance for eligible households under the consolidated block grants for the Commonwealth of Puerto Rico and American Samoa under section 19 of the Food and Nutrition Act of 2008 (
(f) Treatment of Jobless Workers-CommentsClose CommentsPermalink
(1) REMAINDER OF FISCAL YEAR 2009 THROUGH FISCAL YEAR 2011- Beginning with the first month that begins not less than 25 days after the date of enactment of this Act and for each subsequent month through September 30, 2011, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency that meets the standards of subparagraphs (B) or (C) of that paragraph.CommentsClose CommentsPermalink
(2) FISCAL YEAR 2012 AND THEREAFTER- Beginning on October 1, 2011, for the purposes of section 6(o) of the Food and Nutrition Act of 2008 (
(g) Funding- There are appropriated to the Secretary out of funds of the Treasury not otherwise appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 103. AGRICULTURAL DISASTER ASSISTANCE TRANSITION. (a) Federal Crop Insurance Act- Section 531(g) of the Federal Crop Insurance Act (
‘(7) 2008 TRANSITION ASSISTANCE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm--CommentsClose CommentsPermalink
‘(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enactment of this paragraph; andCommentsClose CommentsPermalink
‘(ii)(I) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under subtitle A (excluding a crop insurance pilot program under that subtitle) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; andCommentsClose CommentsPermalink
‘(II) in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2009 crop year.CommentsClose CommentsPermalink
‘(B) AMOUNT OF ASSISTANCE- Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm--CommentsClose CommentsPermalink
‘(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; andCommentsClose CommentsPermalink
‘(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining yield under that program, the Secretary shall use a percentage that is 70 percent.CommentsClose CommentsPermalink
‘(C) EQUITABLE RELIEF- Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and received, or are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an additional amount equal to the greater of--CommentsClose CommentsPermalink
‘(i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; orCommentsClose CommentsPermalink
‘(ii) the amount that would have been calculated under subparagraph (A) of subsection (b)(3) if--CommentsClose CommentsPermalink
‘(I) in clause (i) of that subparagraph, ‘120 percent’ is substituted for ‘115 percent’; andCommentsClose CommentsPermalink
‘(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’.CommentsClose CommentsPermalink
‘(D) LIMITATION- For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to the date of enactment of this paragraph.CommentsClose CommentsPermalink
‘(E) AUTHORITY OF THE SECRETARY- The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.CommentsClose CommentsPermalink
‘(F) LACK OF ACCESS- Notwithstanding any other provision of this section, the Secretary may provide assistance under this section to eligible producers on a farm that--CommentsClose CommentsPermalink
‘(i) suffered a production loss due to a natural cause during the 2008 crop year; andCommentsClose CommentsPermalink
‘(ii) as determined by the Secretary--CommentsClose CommentsPermalink
‘(I)(aa) except as provided in item (bb), lack access to a policy or plan of insurance under subtitle A; orCommentsClose CommentsPermalink
‘(bb) do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming practices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the United States; andCommentsClose CommentsPermalink
‘(II) are not eligible for the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (
7 U.S.C. 7333 ).’.CommentsClose CommentsPermalink
(b) Trade Act of 1974- Section 901(g) of the Trade Act of 1974 (
‘(7) 2008 TRANSITION ASSISTANCE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Eligible producers on a farm described in subparagraph (A) of paragraph (4) that failed to timely pay the appropriate fee described in that subparagraph shall be eligible for assistance under this section in accordance with subparagraph (B) if the eligible producers on the farm--CommentsClose CommentsPermalink
‘(i) pay the appropriate fee described in paragraph (4)(A) not later than 90 days after the date of enactment of this paragraph; andCommentsClose CommentsPermalink
‘(ii)(I) in the case of each insurable commodity of the eligible producers on the farm, excluding grazing land, agree to obtain a policy or plan of insurance under the Federal Crop Insurance Act (
7 U.S.C. 1501 et seq.) (excluding a crop insurance pilot program under that Act) for the next insurance year for which crop insurance is available to the eligible producers on the farm at a level of coverage equal to 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; andCommentsClose CommentsPermalink‘(II) in the case of each noninsurable commodity of the eligible producers on the farm, agree to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2009 crop year.CommentsClose CommentsPermalink
‘(B) AMOUNT OF ASSISTANCE- Eligible producers on a farm that meet the requirements of subparagraph (A) shall be eligible to receive assistance under this section as if the eligible producers on the farm--CommentsClose CommentsPermalink
‘(i) in the case of each insurable commodity of the eligible producers on the farm, had obtained a policy or plan of insurance for the 2008 crop year at a level of coverage not to exceed 70 percent or more of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage; andCommentsClose CommentsPermalink
‘(ii) in the case of each noninsurable commodity of the eligible producers on the farm, had filed the required paperwork, and paid the administrative fee by the applicable State filing deadline, for the noninsured crop assistance program for the 2008 crop year, except that in determining yield under that program, the Secretary shall use a percentage that is 70 percent.CommentsClose CommentsPermalink
‘(C) EQUITABLE RELIEF- Except as provided in subparagraph (D), eligible producers on a farm that met the requirements of paragraph (1) before the deadline described in paragraph (4)(A) and received, or are eligible to receive, a disaster assistance payment under this section for a production loss during the 2008 crop year shall be eligible to receive an additional amount equal to the greater of--CommentsClose CommentsPermalink
‘(i) the amount that would have been calculated under subparagraph (B) if the eligible producers on the farm had paid the appropriate fee under that subparagraph; orCommentsClose CommentsPermalink
‘(ii) the amount that would have been calculated under subparagraph (A) of subsection (b)(3) if--CommentsClose CommentsPermalink
‘(I) in clause (i) of that subparagraph, ‘120 percent’ is substituted for ‘115 percent’; andCommentsClose CommentsPermalink
‘(II) in clause (ii) of that subparagraph, ‘125’ is substituted for ‘120 percent’.CommentsClose CommentsPermalink
‘(D) LIMITATION- For amounts made available under this paragraph, the Secretary may make such adjustments as are necessary to ensure that no producer receives a payment under this paragraph for an amount in excess of the assistance received by a similarly situated producer that had purchased the same or higher level of crop insurance prior to the date of enactment of this paragraph.CommentsClose CommentsPermalink
‘(E) AUTHORITY OF THE SECRETARY- The Secretary may provide such additional assistance as the Secretary considers appropriate to provide equitable treatment for eligible producers on a farm that suffered production losses in the 2008 crop year that result in multiyear production losses, as determined by the Secretary.CommentsClose CommentsPermalink
‘(F) LACK OF ACCESS- Notwithstanding any other provision of this section, the Secretary may provide assistance under this section to eligible producers on a farm that--CommentsClose CommentsPermalink
‘(i) suffered a production loss due to a natural cause during the 2008 crop year; andCommentsClose CommentsPermalink
‘(ii) as determined by the Secretary--CommentsClose CommentsPermalink
‘(I)(aa) except as provided in item (bb), lack access to a policy or plan of insurance under subtitle A; orCommentsClose CommentsPermalink
‘(bb) do not qualify for a written agreement because 1 or more farming practices, which the Secretary has determined are good farming practices, of the eligible producers on the farm differ significantly from the farming practices used by producers of the same crop in other regions of the United States; andCommentsClose CommentsPermalink
‘(II) are not eligible for the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (
7 U.S.C. 7333 ).’.CommentsClose CommentsPermalink
(c) Emergency Loans-CommentsClose CommentsPermalink
(1) IN GENERAL- For the principal amount of direct emergency loans under section 321 of the Consolidated Farm and Rural Development Act (
(2) DIRECT EMERGENCY LOANS- For the cost of direct emergency loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974 (
(d) 2008 Aquaculture Assistance-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) ELIGIBLE AQUACULTURE PRODUCER- The term ‘eligible aquaculture producer’ means an aquaculture producer that during the 2008 calendar year, as determined by the Secretary--CommentsClose CommentsPermalink
(i) produced an aquaculture species for which feed costs represented a substantial percentage of the input costs of the aquaculture operation; andCommentsClose CommentsPermalink
(ii) experienced a substantial price increase of feed costs above the previous 5-year average.CommentsClose CommentsPermalink
(B) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
(2) GRANT PROGRAM-CommentsClose CommentsPermalink
(A) IN GENERAL- Of the funds of the Commodity Credit Corporation, the Secretary shall use not more than $100,000,000, to remain available until September 30, 2010, to carry out a program of grants to States to assist eligible aquaculture producers for losses associated with high feed input costs during the 2008 calendar year.CommentsClose CommentsPermalink
(B) NOTIFICATION- Not later than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible aquaculture producers, including such terms as determined by the Secretary to be necessary for the equitable treatment of eligible aquaculture producers.CommentsClose CommentsPermalink
(C) PROVISION OF GRANTS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall make grants to States under this subsection on a pro rata basis based on the amount of aquaculture feed used in each State during the 2007 calendar year, as determined by the Secretary.CommentsClose CommentsPermalink
(ii) TIMING- Not later than 120 days after the date of enactment of this Act, the Secretary shall make grants to States to provide assistance under this subsection.CommentsClose CommentsPermalink
(D) REQUIREMENTS- The Secretary shall make grants under this subsection only to States that demonstrate to the satisfaction of the Secretary that the State will--CommentsClose CommentsPermalink
(i) use grant funds to assist eligible aquaculture producers;CommentsClose CommentsPermalink
(ii) provide assistance to eligible aquaculture producers not later than 60 days after the date on which the State receives grant funds; andCommentsClose CommentsPermalink
(iii) not later than 30 days after the date on which the State provides assistance to eligible aquaculture producers, submit to the Secretary a report that describes--CommentsClose CommentsPermalink
(I) the manner in which the State provided assistance;CommentsClose CommentsPermalink
(II) the amounts of assistance provided per species of aquaculture; andCommentsClose CommentsPermalink
(III) the process by which the State determined the levels of assistance to eligible aquaculture producers.CommentsClose CommentsPermalink
(3) REDUCTION IN PAYMENTS- An eligible aquaculture producer that receives assistance under this subsection shall not be eligible to receive any other assistance under the supplemental agricultural disaster assistance program established under section 531 of the Federal Crop Insurance Act (
(4) REPORT TO CONGRESS- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that--CommentsClose CommentsPermalink
(A) describes in detail the manner in which this subsection has been carried out; andCommentsClose CommentsPermalink
(B) includes the information reported to the Secretary under paragraph (2)(D)(iii).CommentsClose CommentsPermalink
Sec. 104. (a) Hereafter, in this section, the term ‘nonambulatory disabled cattle’ means cattle, other than cattle that are less than 5 months old or weigh less than 500 pounds, subject to inspection under section 3(b) of the Federal Meat Inspection Act (
(b) Hereafter, none of the funds made available under this or any other Act may be used to pay the salaries or expenses of any personnel of the Food Safety and Inspection Service to pass through inspection any nonambulatory disabled cattle for use as human food, regardless of the reason for the nonambulatory status of the cattle or the time at which the cattle became nonambulatory.CommentsClose CommentsPermalink
SEC. 105. STATE AND LOCAL GOVERNMENTS. Section 1001(f)(6)(A) of the Food Security Act of 1985 (
SEC. 106. Except for title I of the Food, Conservation, and Energy Act of 2008 (
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
For an additional amount for ‘Operations and Administration’, $20,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for ‘Economic Development Assistance Programs’, $150,000,000, to remain available until September 30, 2010: Provided, That $50,000,000 shall be for economic adjustment assistance as authorized by section 209 of the Public Works and Economic Development Act of 1965, as amended (
Bureau of the Census
PERIODIC CENSUSES AND PROGRAMS
For an additional amount for ‘Periodic Censuses and Programs’, $1,000,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
National Telecommunications and Information Administration
BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM
For an amount for ‘Broadband Technology Opportunities Program’, $9,000,000,000, to remain available until September 30, 2010: Provided, That of the funds provided under this heading, $8,650,000,000 shall be expended pursuant to section 201 of this Act, of which: not less than $200,000,000 shall be available for competitive grants for expanding public computer center capacity, including at community colleges and public libraries; not less than $250,000,000 shall be available for competitive grants for innovative programs to encourage sustainable adoption of broadband service; and $10,000,000 shall be transferred to ‘Department of Commerce, Office of Inspector General’ for the purposes of audits and oversight of funds provided under this heading and such funds shall remain available until expended: Provided further, That 50 percent of the funds provided in the previous proviso shall be used to support projects in rural communities, which in part may be transferred to the Department of Agriculture for administration through the Rural Utilities Service if deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Secretary of Agriculture, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds: Provided further, That of the funds provided under this heading, up to $350,000,000 may be expended pursuant to
DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM
For an amount for ‘Digital-to-Analog Converter Box Program’, $650,000,000, for additional coupons and related activities under the program implemented under section 3005 of the Digital Television Transition and Public Safety Act of 2005, to remain available until September 30, 2010: Provided, That of the amounts provided under this heading, $90,000,000 may be for education and outreach, including grants to organizations for programs to educate vulnerable populations, including senior citizens, minority communities, people with disabilities, low-income individuals, and people living in rural areas, about the transition and to provide one-on-one assistance to vulnerable populations, including help with converter box installation: Provided further, That the amounts provided in the previous proviso may be transferred to the Federal Communications Commission (Commission) if deemed necessary and appropriate by the Secretary of Commerce in consultation with the Commission, and only if the Committees on Appropriations of the House and the Senate are notified not less than 5 days in advance of transfer of such funds: Provided further, That $2,000,000 of funds provided under this heading shall be transferred to ‘Department of Commerce, Office of Inspector General’ for audits and oversight of funds provided under this heading.CommentsClose CommentsPermalink
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount for ‘Scientific and Technical Research and Services’, $218,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
CONSTRUCTION OF RESEARCH FACILITIES
For an additional amount for ‘Construction of Research Facilities’, $357,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘Operations, Research, and Facilities’, $427,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘Procurement, Acquisition and Construction’, $795,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Departmental Management
For an additional amount for ‘Departmental Management’, $34,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Office of Inspector General
For an additional amount for ‘Office of Inspector General’, $6,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
DEPARTMENT OF JUSTICE
General Administration
TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS
For an additional amount for ‘Tactical Law Enforcement Wireless Communications’, $200,000,000 for the costs of developing and implementing a nationwide Integrated Wireless network supporting Federal law enforcement, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Detention Trustee
For an additional amount for ‘Detention Trustee’, $150,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Office of Inspector General
For an additional amount for ‘Office of Inspector General’, $2,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
United States Marshals Service
SALARIES AND EXPENSES
For an additional amount for ‘Salaries and Expenses’, $50,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’, $125,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for ‘Salaries and Expenses’, $75,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’, $400,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Federal Prison System
BUILDINGS AND FACILITIES
For an additional amount for ‘Federal Prison System, Buildings and Facilities’, $1,000,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
State and Local Law Enforcement Activities
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For an additional amount for ‘Violence Against Women Prevention and Prosecution Programs’, $300,000,000 for grants to combat violence against women, as authorized by part T of the Omnibus Crime Control and Safe Streets Act of 1968 (
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ‘State and Local Law Enforcement Assistance’, $1,500,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Street Act of 1968 (‘1968 Act’), (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act), to remain available until September 30, 2010.CommentsClose CommentsPermalink
For an additional amount for ‘State and Local Law Enforcement Assistance’, $440,000,000 for competitive grants to improve the functioning of the criminal justice system, to assist victims of crime (other than compensation), and youth mentoring grants, to remain available until September 30, 2010.CommentsClose CommentsPermalink
For an additional amount for ‘State and Local Law Enforcement Assistance’, $100,000,000, to remain available until September 30, 2010, for competitive grants to provide assistance and equipment to local law enforcement along the Southern border and in High-Intensity Drug Trafficking Areas to combat criminal narcotics activity stemming from the Southern border, of which $10,000,000 shall be transferred to ‘Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses’ for the ATF Project Gunrunner.CommentsClose CommentsPermalink
For an additional amount for ‘State and Local Law Enforcement Assistance’, $300,000,000, to remain available until September 30, 2010, for assistance to Indian tribes, notwithstanding
(1) $250,000,000 shall be available for grants under section 20109 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (
(2) $25,000,000 shall be available for the Tribal Courts Initiative; andCommentsClose CommentsPermalink
(3) $25,000,000 shall be available for tribal alcohol and substance abuse drug reduction assistance grants.CommentsClose CommentsPermalink
For an additional amount for ‘State and Local Law Enforcement Assistance’, $100,000,000, to remain available until September 30, 2010, to be distributed by the Office for Victims of Crime in accordance with section 1402(d)(4) of the Victims of Crime Act of 1984 (
For an additional amount for ‘State and Local Law Enforcement Assistance’, $150,000,000, to remain available until September 30, 2010, for assistance to law enforcement in rural areas, to prevent and combat crime, especially drug-related crime.CommentsClose CommentsPermalink
For an additional amount for ‘State and Local Law Enforcement Assistance’, $50,000,000, to remain available until September 30, 2010, for Internet Crimes Against Children (ICAC) initiatives.CommentsClose CommentsPermalink
Community Oriented Policing Services
For an additional amount for ‘Community Oriented Policing Services’, for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act (
Salaries and Expenses
For an additional amount, not elsewhere specified in this title, for management and administration and oversight of programs within the Office on Violence Against Women, the Office of Justice Programs, and the Community Oriented Policing Services Office, $10,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
SCIENCE
National Aeronautics and Space Administration
SCIENCE
For an additional amount for ‘Science’, $500,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
AERONAUTICS
For an additional amount for ‘Aeronautics’, $250,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
EXPLORATION
For an additional amount for ‘Exploration’, $500,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
CROSS AGENCY SUPPORT
For an additional amount for ‘Cross Agency Support’, $250,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘Office of Inspector General’, $2,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For an additional amount for ‘Research and Related Activities’, $1,200,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For an additional amount for ‘Major Research Equipment and Facilities Construction’, $150,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
EDUCATION AND HUMAN RESOURCES
For an additional amount for ‘Education and Human Resources’, $50,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘Office of Inspector General’, $2,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
GENERAL PROVISIONS--THIS TITLE
SEC. 201. The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission) (and, with respect to rural areas, the Secretary of Agriculture), shall establish a national broadband service development and expansion program in conjunction with the technology opportunities program, which shall be referred to the Broadband Technology Opportunities Program. The Assistant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs.CommentsClose CommentsPermalink
(1) The purposes of the program are to--CommentsClose CommentsPermalink
(A) provide access to broadband service to citizens residing in unserved areas of the United States;CommentsClose CommentsPermalink
(B) provide improved access to broadband service to citizens residing in underserved areas of the United States;CommentsClose CommentsPermalink
(C) provide broadband education, awareness, training, access, equipment, and support to--CommentsClose CommentsPermalink
(i) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these organizations;CommentsClose CommentsPermalink
(ii) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; andCommentsClose CommentsPermalink
(iii) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Renewal Community or Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture.CommentsClose CommentsPermalink
(D) improve access to, and use of, broadband service by public safety agencies; andCommentsClose CommentsPermalink
(E) stimulate the demand for broadband, economic growth, and job creation.CommentsClose CommentsPermalink
(2) The Assistant Secretary may consult with the chief executive officer of any State with respect to--CommentsClose CommentsPermalink
(A) the identification of areas described in subsection (1)(A) or (B) located in that State; andCommentsClose CommentsPermalink
(B) the allocation of grant funds within that State for projects in or affecting the State.CommentsClose CommentsPermalink
(3) The Assistant Secretary shall--CommentsClose CommentsPermalink
(A) establish and implement the grant program as expeditiously as practicable;CommentsClose CommentsPermalink
(B) ensure that all awards are made before the end of fiscal year 2010;CommentsClose CommentsPermalink
(C) seek such assurances as may be necessary or appropriate from grantees under the program that they will substantially complete projects supported by the program in accordance with project timelines, not to exceed 2 years following an award; andCommentsClose CommentsPermalink
(D) report on the status of the program to the Committees on Appropriations of the House and the Senate, the Committee on Energy and Commerce of the House, and the Committee on Commerce, Science, and Transportation of the Senate, every 90 days.CommentsClose CommentsPermalink
(4) To be eligible for a grant under the program an applicant shall--CommentsClose CommentsPermalink
(A) be a State or political subdivision thereof, a nonprofit foundation, corporation, institution or association, Indian tribe, Native Hawaiian organization, or other non-governmental entity in partnership with a State or political subdivision thereof, Indian tribe, or Native Hawaiian organization if the Assistant Secretary determines the partnership consistent with the purposes this section;CommentsClose CommentsPermalink
(B) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require;CommentsClose CommentsPermalink
(C) provide a detailed explanation of how any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a demonstration that the project would not have been implemented during the grant period without Federal grant assistance;CommentsClose CommentsPermalink
(D) demonstrate, to the satisfaction of the Assistant Secretary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws;CommentsClose CommentsPermalink
(E) demonstrate, to the satisfaction of the Assistant Secretary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obligate, from non-Federal sources, funds required to meet the requirements of paragraph (5);CommentsClose CommentsPermalink
(F) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; andCommentsClose CommentsPermalink
(G) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.CommentsClose CommentsPermalink
(5) The Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if--CommentsClose CommentsPermalink
(A) the applicant petitions the Assistant Secretary for a waiver; andCommentsClose CommentsPermalink
(B) the Assistant Secretary determines that the petition demonstrates financial need.CommentsClose CommentsPermalink
(6) The Assistant Secretary may make competitive grants under the program to--CommentsClose CommentsPermalink
(A) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services;CommentsClose CommentsPermalink
(B) construct and deploy broadband service related infrastructure;CommentsClose CommentsPermalink
(C) ensure access to broadband service by community anchor institutions;CommentsClose CommentsPermalink
(D) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations;CommentsClose CommentsPermalink
(E) construct and deploy broadband facilities that improve public safety broadband communications services; andCommentsClose CommentsPermalink
(F) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established.CommentsClose CommentsPermalink
(7) The Assistant Secretary--CommentsClose CommentsPermalink
(A) shall require any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity’s use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall make these reports available to the public;CommentsClose CommentsPermalink
(B) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section;CommentsClose CommentsPermalink
(C) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any use of funds made available pursuant to this section;CommentsClose CommentsPermalink
(D) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or existing applicants consistent with this section; andCommentsClose CommentsPermalink
(E) shall create and maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains at least the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to understand and monitor grants awarded under the program.CommentsClose CommentsPermalink
(8) Concurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Federal Communications Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section.CommentsClose CommentsPermalink
(9) Within 1 year after the date of enactment of this Act, the Commission shall complete a rulemaking to develop a national broadband plan. In developing the plan, the Commission shall--CommentsClose CommentsPermalink
(A) consider the most effective and efficient national strategy for ensuring that all Americans have access to, and take advantage of, advanced broadband services;CommentsClose CommentsPermalink
(B) have access to data provided to other Government agencies under the Broadband Data Improvement Act (
(C) evaluate the status of deployments of broadband service, including the progress of projects supported by the grants made pursuant to this section; andCommentsClose CommentsPermalink
(D) develop recommendations for achieving the goal of nationally available broadband service for the United States and for promoting broadband adoption nationwide.CommentsClose CommentsPermalink
(10) The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that entities and depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State: Provided, That not later than 2 years after the date of the enactment of the Act, the Assistant Secretary shall make the broadband inventory map developed and maintained pursuant to this section accessible to the public.CommentsClose CommentsPermalink
SEC. 202. The Assistant Secretary of Commerce for Communications and Information may reissue any coupon issued under section 3005(a) of the Digital Television Transition and Public Safety Act of 2005 that has expired before use, and shall cancel any unredeemed coupon reported as lost and may issue a replacement coupon for the lost coupon.CommentsClose CommentsPermalink
TITLE III--DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ‘Operation and Maintenance, Army’, $1,169,291,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Navy
For an additional amount for ‘Operation and Maintenance, Navy’, $571,843,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Marine Corps
For an additional amount for ‘Operation and Maintenance, Marine Corps’, $112,167,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Air Force
For an additional amount for ‘Operation and Maintenance, Air Force’, $927,113,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Army Reserve
For an additional amount for ‘Operation and Maintenance, Army Reserve’, $79,543,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Navy Reserve
For an additional amount for ‘Operation and Maintenance, Navy Reserve’, $44,586,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ‘Operation and Maintenance, Marine Corps Reserve’, $32,304,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Air Force Reserve
For an additional amount for ‘Operation and Maintenance, Air Force Reserve’, $10,674,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Army National Guard
For an additional amount for ‘Operation and Maintenance, Army National Guard’, $215,557,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Operation and Maintenance, Air National Guard
For an additional amount for ‘Operation and Maintenance, Air National Guard’, $20,922,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
PROCUREMENT
Defense Production Act Purchases
For an additional amount for ‘Defense Production Act Purchases’, $100,000,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ‘Research, Development, Test and Evaluation, Defense-Wide’, $200,000,000, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ‘Defense Health Program’, $250,000,000 for operation and maintenance, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
Office of the Inspector General
For an additional amount for ‘Office of the Inspector General’, $12,000,000 for operation and maintenance, to remain available for obligation until September 30, 2010.CommentsClose CommentsPermalink
TITLE IV--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
Corps of Engineers--Civil
INVESTIGATIONS
For an additional amount for ‘Investigations’ for expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $25,000,000: Provided, That funds provided under this heading in this title shall only be used for programs, projects or activities that heretofore or hereafter receive funds provided in Acts making appropriations available for Energy and Water Development: Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, over engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’ for expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law, $2,000,000,000, of which such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by
MISSISSIPPI RIVER AND TRIBUTARIES
For an additional amount for ‘Mississippi River and Tributaries’ for expenses necessary for flood damage reduction projects and related efforts as authorized by law, $500,000,000, of which such sums as are necessary to cover the Federal share of operation and maintenance costs for inland harbors shall be derived from the Harbor Maintenance Trust Fund, pursuant to
OPERATION AND MAINTENANCE
For an additional amount for ‘Operation and Maintenance’ for expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law, and for surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removal of obstructions to navigation, $1,900,000,000, of which such sums as are necessary to cover the Federal share of operation and maintenance costs for coastal harbors and channels, and inland harbors shall be derived from the Harbor Maintenance Trust Fund, pursuant to
REGULATORY PROGRAM
For an additional amount for ‘Regulatory Program’ for expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $25,000,000 is provided.CommentsClose CommentsPermalink
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For an additional amount for ‘Formerly Utilized Sites Remedial Action Program’ for expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation’s early atomic energy program, $100,000,000: Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, over engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading.CommentsClose CommentsPermalink
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘Flood Control and Coastal Emergencies’ for expenses necessary for pre-placement of materials and equipment, advance measures and other activities authorized by law, $50,000,000 is provided.CommentsClose CommentsPermalink
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian tribes, and others, $1,400,000,000; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by
DEPARTMENT OF ENERGY
Energy Programs
ENERGY EFFICIENCY AND RENEWABLE ENERGY
For an additional amount for ‘Energy Efficiency and Renewable Energy’, $14,398,000,000, for necessary expenses, to remain available until September 30, 2010: Provided, That $4,200,000,000 shall be available for Energy Efficiency and Conservation Block Grants for implementation of programs authorized under subtitle E of title V of the Energy Independence and Security Act of 2007 (
(A) building energy codes for residential buildings that the Secretary determines are likely to meet or exceed the 2009 International Energy Conservation Code;CommentsClose CommentsPermalink
(B) building energy codes for commercial buildings that the Secretary determines are likely to meet or exceed the ANSI/ASHRAE/IESNA Standard 90.1-2007; andCommentsClose CommentsPermalink
(C) a plan for implementing and enforcing the building energy codes described in subparagraphs (A) and (B) that is likely to ensure that at least 90 percent of the new and renovated residential and commercial building space will meet the standards within 8 years after the date of enactment of this Act:CommentsClose CommentsPermalink
Provided further, That $2,000,000,000 shall be available for grants for the manufacturing of advanced batteries and components and the Secretary shall provide facility funding awards under this section to manufacturers of advanced battery systems and vehicle batteries that are produced in the United States, including advanced lithium ion batteries, hybrid electrical systems, component manufacturers, and software designers: Provided further, That notwithstanding
Electricity Delivery and Energy Reliability
For an additional amount for ‘Electricity Delivery and Energy Reliability’, $4,500,000,000, for necessary expenses, to remain available until September 30, 2010: Provided, That $100,000,000 shall be available for worker training activities: Provided further, That notwithstanding
Fossil Energy Research and Development
For an additional amount for ‘Fossil Energy Research and Development’, $4,600,000,000, to remain available until September 30, 2010: Provided, That $2,000,000,000 is available for one or more near zero emissions powerplant(s): Provided further, $1,000,000,000 is available for selections under the Department’s Clean Coal Power Initiative Round III Funding Opportunity Announcement; notwithstanding the mandatory eligibility requirements of the Funding Opportunity Announcement, the Department shall consider applications that utilize petroleum coke for some or all of the project’s fuel input: Provided further, $1,520,000,000 is available for a competitive solicitation pursuant to section 703 of
Non-Defense Environmental Cleanup
For an additional amount for ‘Non-Defense Environmental Cleanup’, $483,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ‘Uranium Enrichment Decontamination and Decommissioning Fund’, $390,000,000, to remain available until September 30, 2010, of which $70,000,000 shall be available in accordance with title X, subtitle A of the Energy Policy Act of 1992.CommentsClose CommentsPermalink
Science
For an additional amount for ‘Science’, $430,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Title 17--Innovative Technology Loan Guarantee Program
Subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans under section 1702(b)(2) of the Energy Policy Act of 2005, shall not exceed a total principal amount of $50,000,000,000 for eligible projects, to remain available until committed: Provided, That these amounts are in addition to any authority provided elsewhere in this Act and this and previous fiscal years: Provided further, That such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under this heading in this and prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That the source of such payment received from borrowers is not a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, no appropriations are available to pay the subsidy cost of such guarantees: Provided further, That none of the loan guarantee authority made available in this Act shall be available for commitments to guarantee loans under section 1702(b)(2) of the Energy Policy Act of 2005 for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel or affiliated entity are expected to be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That none of the loan guarantee authority made available in this Act shall be available under section 1702(b)(2) of the Energy Policy Act of 2005 for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this title: Provided further, That for an additional amount for the cost of guaranteed loans authorized by section 1702(b)(1) and section 1705 of the Energy Policy Act of 2005, $9,500,000,000, available until expended, to pay the costs of guarantees made under this section: Provided further, That of the amount provided for Title XVII, $15,000,000 shall be used for administrative expenses in carrying out the guaranteed loan program.CommentsClose CommentsPermalink
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $5,000,000, to remain available until expended.CommentsClose CommentsPermalink
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
For an additional amount for weapons activities, $1,000,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Environmental and Other Defense Activities
DEFENSE ENVIRONMENTAL CLEANUP
For an additional amount for ‘Defense Environmental Cleanup’, $5,527,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Construction, Rehabilitation, Operation, and Maintenance, Western Area Power Administration
For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (
GENERAL PROVISIONS--THIS TITLE
SEC. 401. BONNEVILLE POWER ADMINISTRATION BORROWING AUTHORITY. For the purposes of providing funds to assist in financing the construction, acquisition, and replacement of the transmission system of the Bonneville Power Administration and to implement the authority of the Administrator of the Bonneville Power Administration under the Pacific Northwest Electric Power Planning and Conservation Act (
SEC. 402. 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 one time) as, in the judgment of the Administrator, are from time to time required for the purpose of--CommentsClose CommentsPermalink
‘(i) constructing, financing, facilitating, planning, operating, maintaining, or studying construction of new or upgraded electric power transmission lines and related facilities with at least one terminus within the area served by the Western Area Power Administration; andCommentsClose CommentsPermalink
‘(ii) delivering or facilitating the delivery of power generated by renewable energy resources constructed or reasonably expected to be constructed after the date of enactment of this section.CommentsClose CommentsPermalink
‘(2) INTEREST- The rate of interest to be charged in connection with any loan made pursuant to this subsection shall be fixed by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date of the loan.CommentsClose CommentsPermalink
‘(3) REFINANCING- The Western Area Power Administration may refinance loans taken pursuant to this section within the Treasury.CommentsClose CommentsPermalink
‘(4) PARTICIPATION- The Administrator may permit other entities to participate in the financing, construction and ownership projects financed under this section.CommentsClose CommentsPermalink
‘(5) CONGRESSIONAL REVIEW OF DISBURSEMENT- Effective upon the date of enactment of this section, the Administrator shall have the authority to have utilized $1,750,000,000 at any one time. If the Administrator seeks to borrow funds above $1,750,000,000, the funds will be disbursed unless there is enacted, within 90 calendar days of the first such request, a joint resolution that rescinds the remainder of the balance of the borrowing authority provided in this section.CommentsClose CommentsPermalink
‘(c) TRANSMISSION LINE AND RELATED FACILITY PROJECTS-CommentsClose CommentsPermalink
‘(1) IN GENERAL- For repayment purposes, each transmission line and related facility project in which the Western Area Power Administration participates pursuant to this section shall be treated as separate and distinct from--CommentsClose CommentsPermalink
‘(A) each other such project; andCommentsClose CommentsPermalink
‘(B) all other Western Area Power Administration power and transmission facilities.CommentsClose CommentsPermalink
‘(2) PROCEEDS- The Western Area Power Administration shall apply the proceeds from the use of the transmission capacity from an individual project under this section to the repayment of the principal and interest of the loan from the Treasury attributable to that project, after reserving such funds as the Western Area Power Administration determines are necessary--CommentsClose CommentsPermalink
‘(A) to pay for any ancillary services that are provided; andCommentsClose CommentsPermalink
‘(B) to meet the costs of operating and maintaining the new project from which the revenues are derived.CommentsClose CommentsPermalink
‘(3) SOURCE OF REVENUE- Revenue from the use of projects under this section shall be the only source of revenue for--CommentsClose CommentsPermalink
‘(A) repayment of the associated loan for the project; andCommentsClose CommentsPermalink
‘(B) payment of expenses for ancillary services and operation and maintenance.CommentsClose CommentsPermalink
‘(4) LIMITATION ON AUTHORITY- Nothing in this section confers on the Administrator any additional authority or obligation to provide ancillary services to users of transmission facilities developed under this section.CommentsClose CommentsPermalink
‘(5) TREATMENT OF CERTAIN REVENUES- Revenue from ancillary services provided by existing Federal power systems to users of transmission projects funded pursuant to this section shall be treated as revenue to the existing power system that provided the ancillary services.CommentsClose CommentsPermalink
‘(d) CERTIFICATION-CommentsClose CommentsPermalink
‘(1) IN GENERAL- For each project in which the Western Area Power Administration participates pursuant to this section, the Administrator shall certify, prior to committing funds for any such project, that--CommentsClose CommentsPermalink
‘(A) the project is in the public interest;CommentsClose CommentsPermalink
‘(B) the project will not adversely impact system reliability or operations, or other statutory obligations; andCommentsClose CommentsPermalink
‘(C) it is reasonable to expect that the proceeds from the project shall be adequate to make repayment of the loan.CommentsClose CommentsPermalink
‘(2) FORGIVENESS OF BALANCES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- If, at the end of the useful life of a project, there is a remaining balance owed to the Treasury under this section, the balance shall be forgiven.CommentsClose CommentsPermalink
‘(B) UNCONSTRUCTED PROJECTS- Funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven.CommentsClose CommentsPermalink
‘(C) NOTIFICATION- The Administrator shall notify the Secretary of such amounts as are to be forgiven under this paragraph.CommentsClose CommentsPermalink
‘(e) Public Processes-CommentsClose CommentsPermalink
‘(1) POLICIES AND PRACTICES- Prior to requesting any loans under this section, the Administrator shall use a public process to develop practices and policies that implement the authority granted by this section.CommentsClose CommentsPermalink
‘(2) REQUESTS FOR INTEREST- In the course of selecting potential projects to be funded under this section, the Administrator shall seek Requests For Interest from entities interested in identifying potential projects through one or more notices published in the Federal Register.’CommentsClose CommentsPermalink
SEC. 403. Technical Corrections to the Energy Independence and Security Act of 2007. Title XIII of the Energy Independence and Security Act of 2007 (
15 U.S.C. 17381 and following) is amended as follows:CommentsClose CommentsPermalink
(1) By amending subparagraph (A) of section 1304(b)(3) to read as follows:CommentsClose CommentsPermalink
‘(A) IN GENERAL- In carrying out the initiative, the Secretary shall provide financial support to smart grid demonstration projects including those in rural areas and/or areas where the majority of generation and transmission assets are controlled by a tax-exempt entity.’.CommentsClose CommentsPermalink
(2) By amending subparagraph (C) of section 1304(b)(3) to read as follows:CommentsClose CommentsPermalink
‘(C) FEDERAL SHARE OF COST OF TECHNOLOGY INVESTMENTS- The Secretary shall provide to an electric utility described in subparagraph (B) or to other parties financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility or other party to carry out a demonstration project. ’.CommentsClose CommentsPermalink
(3) By inserting a new subparagraph (E) after 1304(b)(3)(D) as follows:CommentsClose CommentsPermalink
‘(E) AVAILABILITY OF DATA- The Secretary shall establish and maintain a smart grid information clearinghouse in a timely manner which will make data from smart grid demonstration projects and other sources available to the public. As a condition of receiving financial assistance under this subsection, a utility or other participant in a smart grid demonstration project shall provide such information as the Secretary may require to become available through the smart grid information clearinghouse in the form and within the timeframes as directed by the Secretary. The Secretary shall assure that business proprietary information and individual customer information is not included in the information made available through the clearinghouse.’.CommentsClose CommentsPermalink
(4) By amending paragraph (2) of section 1304(c) to read as follows:CommentsClose CommentsPermalink
‘(2) to carry out subsection (b), such sums as may be necessary.’.CommentsClose CommentsPermalink
(5) By amending subsection (a) of section 1306 by striking ‘reimbursement of one-fifth (20 percent)’ and inserting ‘grants of up to one-half (50 percent)’.CommentsClose CommentsPermalink
(6) By striking the last sentence of subsection (b)(9) of section 1306.CommentsClose CommentsPermalink
(7) By striking ‘are eligible for’ in subsection (c)(1) of section 1306 and inserting ‘utilize’.CommentsClose CommentsPermalink
(8) By amending subsection (e) of section 1306 to read as follows:CommentsClose CommentsPermalink
‘(e) The Secretary shall--CommentsClose CommentsPermalink
‘(1) establish within 60 days after the enactment of the American Recovery and Reinvestment Act of 2009 procedures by which applicants can obtain grants of not more than one-half of their documented costs;CommentsClose CommentsPermalink
‘(2) establish procedures to ensure that there is no duplication or multiple payment for the same investment or costs, that the grant goes to the party making the actual expenditures for Qualifying Smart Grid Investments, and that the grants made have significant effect in encouraging and facilitating the development of a smart grid;CommentsClose CommentsPermalink
‘(3) maintain public records of grants made, recipients, and qualifying Smart Grid investments which have received grants;CommentsClose CommentsPermalink
‘(4) establish procedures to provide advance payment of moneys up to the full amount of the grant award; 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. 404. TEMPORARY STIMULUS LOAN GUARANTEE PROGRAM. (a) AMENDMENT- Title XVII of the Energy Policy Act of 2005 (
42 U.S.C. 16511 et seq.) is amended by adding the following at the end:CommentsClose CommentsPermalink
‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION PROJECTS.
‘(a) IN GENERAL- Notwithstanding section 1703, the Secretary may make guarantees under this section only for commercial technology projects under subsection (b) that will reach financial close not later than September 30, 2012.CommentsClose CommentsPermalink
‘(b) CATEGORIES- Projects from only the following categories shall be eligible for support under this section:CommentsClose CommentsPermalink
‘(1) Renewable energy systems.CommentsClose CommentsPermalink
‘(2) Electric power transmission systems.CommentsClose CommentsPermalink
‘(c) AUTHORIZATION LIMIT- There are authorized to be appropriated $10,000,000,000 to the Secretary for fiscal years 2009 through 2012 to provide the cost of guarantees made under section.CommentsClose CommentsPermalink
‘(d) SUNSET- The authority to enter into guarantees under this section shall expire on September 30, 2012.’.CommentsClose CommentsPermalink
(b) TABLE OF CONTENTS AMENDMENT- The table of contents for the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1704 the following new item:CommentsClose CommentsPermalink
‘Sec. 1705. Temporary program for rapid deployment of renewable energy and electric power transmission projects.’.CommentsClose CommentsPermalink
SEC. 405. WEATHERIZATION PROGRAM AMENDMENTS. (a) INCOME LEVEL- Section 412(7) of the Energy Conservation and Production Act (
42 U.S.C. 6862(7) ) is amended by striking ‘150 percent’ both places it appears and inserting ‘200 percent’.CommentsClose CommentsPermalink(b) ASSISTANCE LEVEL PER DWELLING UNIT- Section 415(c)(1) of the Energy Conservation and Production Act (
42 U.S.C. 6865(c)(1) ) is amended by striking ‘$2,500’ and inserting ‘$5,000’.CommentsClose CommentsPermalink(c) TRAINING AND TECHNICAL ASSISTANCE- Section 416 of the Energy Conservation and Production Act (
42 U.S.C. 6866 ) is amended by striking ‘10 percent’ and inserting ‘up to 20 percent’.CommentsClose CommentsPermalinkSEC. 406. Technical Corrections to Public Utility Regulatory Policies Act of 1978. (a) Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (
16 U.S.C. 2621(d) ) is amended by redesignating paragraph (16) relating to consideration of smart grid investments (added by section 1307(a) ofPublic Law 110-140 ) as paragraph (18) and by redesignating paragraph (17) relating to smart grid information (added by section 1308(a) ofPublic Law 110-140 ) as paragraph (19).CommentsClose CommentsPermalink(b) Subsections (b) and (d) of section 112 of the Public Utility Regulatory Policies Act of 1978 (
16 U.S.C. 2622 ) are each amended by striking ‘(17) through (18)’ in each place it appears and inserting ‘(16) through (19)’.CommentsClose CommentsPermalink
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions Fund Program Account
For an additional amount for ‘Community Development Financial Institutions Fund Program Account’, $250,000,000, to remain available until September 30, 2010, for qualified applicants under the fiscal year 2008 and 2009 funding rounds of the Community Development Financial Institutions Program, of which up to $20,000,000 may be for financial assistance, technical assistance, training and outreach programs, including up to $5,000 for subsistence expenses, designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers and up to $5,000,000 may be used for administrative expenses: Provided, That for purposes of the fiscal year 2008 and 2009 funding rounds, the following statutory provisions are hereby waived:
DISTRICT OF COLUMBIA
Federal Payments
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
For a Federal payment to the District of Columbia Water and Sewer Authority, $125,000,000, to remain available until September 30, 2010, to continue implementation of the Combined Sewer Overflow Long-Term Control Plan: Provided, That the District of Columbia Water and Sewer Authority provide a 100 percent match for this payment: Provided further, That no later than 60 days after the date of enactment of this Act, the District of Columbia Water and Sewer Authority shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such expenditure plan shall include a description of each specific project, how specific projects will further the objectives of the Long-Term Control Plan, and all funding sources for each project.CommentsClose CommentsPermalink
GENERAL SERVICES ADMINISTRATION
Real Property Activities
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount to be deposited in the Federal Buildings Fund, $9,048,000,000, to carry out the purposes of the Fund, of which not less than $1,400,000,000 shall be available for Federal buildings and United States courthouses, not less than $1,200,000,000 shall be available for border stations, and not less than $6,000,000,000 shall be available for measures necessary to convert GSA facilities to High-Performance Green Buildings, as defined in section 401 of
Energy-Efficient Federal Motor Vehicle Fleet Procurement
For capital expenditures and necessary expenses of acquiring motor vehicles with higher fuel economy, including: hybrid vehicles; neighborhood electric vehicles; electric vehicles; and commercially-available, plug-in hybrid vehicles, $600,000,000, to remain available until September 30, 2011.CommentsClose CommentsPermalink
Office of Inspector General
For an additional amount for the Office of the Inspector General, to remain available until September 30, 2011, $2,000,000.CommentsClose CommentsPermalink
RECOVERY ACT ACCOUNTABILITY AND TRANSPARENCY BOARD
For necessary expenses of the Recovery Act Accountability and Transparency Board to carry out the provisions of title XV of this Act, $7,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
SMALL BUSINESS ADMINISTRATION
Salaries and Expenses
For an additional amount, to remain available until September 30, 2010, $84,000,000, of which $24,000,000 is for marketing, management, and technical assistance under section 7(m) of the Small Business Act (
Office of Inspector General
For an additional amount for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $10,000,000, to remain available until September 30, 2011.CommentsClose CommentsPermalink
Surety Bond Guarantees Revolving Fund
For additional capital for the Surety Bond Guarantees Revolving Fund, authorized by the Small Business Investment Act of 1958, $15,000,000, to remain available until expended.CommentsClose CommentsPermalink
Business Loans Program Account
For an additional amount for the cost of direct loans, $6,000,000, to remain available until September 30, 2010, and for an additional amount for the cost of guaranteed loans, $615,000,000, to remain available until September 30, 2010: Provided, That of the amount for the cost of guaranteed loans, $515,000,000 shall be for loan subsidies and loan modifications for loans to small business concerns authorized in section 501(a) of this title; and $100,000,000 shall be for loan subsidies and loan modifications for loans to small business concerns authorized in section 501(b) of this title: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.CommentsClose CommentsPermalink
Administrative Provisions--Small Business Administration
SEC. 501. ECONOMIC STIMULUS FOR SMALL BUSINESS CONCERNS. (a) Temporary Fee Elimination for the 7(a) LOAN PROGRAM- Until September 30, 2010, and to the extent that the cost of such elimination of fees is offset by appropriations, with respect to each loan guaranteed under section 7(a) of the Small Business Act (
(1) in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (
(2) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (
(b) Temporary Fee Elimination for the 504 Loan Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Until September 30, 2010, and to the extent the cost of such elimination in fees is offset by appropriations, with respect to each project or loan guaranteed by the Administrator under title V of the Small Business Investment Act of 1958 (
(A) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 (
(B) a development company shall, in lieu of the processing fee under section 120.971(a)(1) of title 13, Code of Federal Regulations (relating to fees paid by borrowers), or any successor thereto, collect no fee.CommentsClose CommentsPermalink
(2) REIMBURSEMENT FOR WAIVED FEES-CommentsClose CommentsPermalink
(A) IN GENERAL- To the extent that the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a processing fee pursuant to paragraph (1)(B).CommentsClose CommentsPermalink
(B) AMOUNT- The payment to a development company under subparagraph (A) shall be in an amount equal to 1.5 percent of the net debenture proceeds for which the development company does not collect a processing fee pursuant to paragraph (1)(B).CommentsClose CommentsPermalink
(c) Temporary Fee Elimination of Lender Oversight Fees- Until September 30, 2010, and to the extent the cost of such elimination in fees is offset by appropriations, the Administrator shall, in lieu of the fee otherwise applicable under section 5(b)(14) of the Small Business Act (
(d) APPLICATION OF FEE ELIMINATIONS- The Administrator shall eliminate fees under subsections (a), (b), and (c) until the amount provided for such purposes, as applicable, under the headings ‘Salaries and Expenses’ and ‘Business Loans Program Account’ under the heading ‘Small Business Administration’ under this Act are expended.CommentsClose CommentsPermalink
SEC. 502. FINANCIAL ASSISTANCE PROGRAM IMPROVEMENTS. (a) 7(a) Loan Maximum Amount- Section 7(a)(3)(A) of the Small Business Act (
(b) SMALL BUSINESS INVESTMENT COMPANIES-CommentsClose CommentsPermalink
(1) MAXIMUM LEVERAGE- Section 303(b) of the Small Business Investment Act of 1958 (
(A) in paragraph (2), by striking subparagraphs (A), (B), and (C) and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- The maximum amount of outstanding leverage made available to any 1 company licensed under section 301(c) may not exceed the lesser of--CommentsClose CommentsPermalink
‘(i) 300 percent of the private capital of the company; orCommentsClose CommentsPermalink
‘(ii) $150,000,000.CommentsClose CommentsPermalink
‘(B) MULTIPLE LICENSES UNDER COMMON CONTROL- The maximum amount of outstanding leverage made available to 2 or more companies licensed under section 301(c) that are commonly controlled (as determined by the Administrator) may not exceed $225,000,000.CommentsClose CommentsPermalink
‘(C) INVESTMENTS IN LOW-INCOME GEOGRAPHIC AREAS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The maximum amount of outstanding leverage made available to--CommentsClose CommentsPermalink
‘(I) any 1 company described in clause (ii) may not exceed the lesser of--CommentsClose CommentsPermalink
‘(aa) 300 percent of private capital of the company; orCommentsClose CommentsPermalink
‘(bb) $175,000,000; andCommentsClose CommentsPermalink
‘(II) 2 or more companies described in clause (ii) that are commonly controlled (as determined by the Administrator) may not exceed $250,000,000.CommentsClose CommentsPermalink
‘(ii) APPLICABILITY- A company described in this clause is a company licensed under section 301(c) that certifies in writing that not less than 50 percent of the dollar amount of investments of that company shall be made in companies that are located in a low-income geographic area (as that term is defined in section 351).’; andCommentsClose CommentsPermalink
(B) by striking paragraph (4).CommentsClose CommentsPermalink
(2) INVESTMENTS IN SMALLER ENTERPRISES- Section 303(d) of the Small Business Investment Act of 1958 (
15 U.S.C. 683(d) ) is amended to read as follows:CommentsClose CommentsPermalink‘(d) Investments in Smaller Enterprises- The Administrator shall require each licensee, as a condition of approval of an application for leverage, to certify in writing that not less than 25 percent of the aggregate dollar amount of financings of that licensee shall be provided to smaller enterprises.’.CommentsClose CommentsPermalink
(3) MAXIMUM INVESTMENT IN A COMPANY- Section 306(a) of the Small Business Investment Act of 1958 (
15 U.S.C. 686(a) ) is amended by striking ‘20 per centum’ and inserting ‘30 percent’.CommentsClose CommentsPermalink(c) Maximum 504 Loan Size- Section 502(2)(A) of the Small Business Investment Act of 1958 (
15 U.S.C. 696(2)(A) ) is amended--CommentsClose CommentsPermalink
(1) in clause (i), by striking ‘$1,500,000’ and inserting ‘$3,000,000’;CommentsClose CommentsPermalink
(2) in clause (ii), by striking ‘$2,000,000’ and inserting ‘$3,500,000’; andCommentsClose CommentsPermalink
(3) in clause (iii), by striking ‘$4,000,000’ and inserting ‘$5,500,000’.CommentsClose CommentsPermalink
SEC. 503. LOW-INTEREST REFINANCING. Section 502 of the Small Business Investment Act of 1958 (
15 U.S.C. 696 ) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(7) PERMISSIBLE DEBT FINANCING- A financing under this title may include refinancing of existing indebtedness, in an amount not to exceed 50 percent of the projected cost of the project financed under this title, if--CommentsClose CommentsPermalink
‘(A) the project financed under this title involves the expansion of a small business concern;CommentsClose CommentsPermalink
‘(B) the existing indebtedness is collateralized by fixed assets;CommentsClose CommentsPermalink
‘(C) the existing indebtedness was incurred for the benefit of the small business concern;CommentsClose CommentsPermalink
‘(D) the proceeds of the existing indebtedness were used to acquire land (including a building situated thereon), to construct or expand a building thereon, or to purchase equipment;CommentsClose CommentsPermalink
‘(E) the borrower has been current on all payments due on the existing indebtedness for not less than 1 year preceding the proposed date of refinancing;CommentsClose CommentsPermalink
‘(F) the financing under this title will provide better terms or a better rate of interest than exists on the existing indebtedness on the proposed date of refinancing;CommentsClose CommentsPermalink
‘(G) the financing under this title is not being used to refinance any debt guaranteed by the Government; andCommentsClose CommentsPermalink
‘(H) the financing under this title will be used only for--CommentsClose CommentsPermalink
‘(i) refinancing existing indebtedness; orCommentsClose CommentsPermalink
‘(ii) costs relating to the project financed under this title.’.CommentsClose CommentsPermalink
SEC. 504. DEFINITIONS. Under the heading ‘Small Business Administration’ in this title--CommentsClose CommentsPermalink
(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively;CommentsClose CommentsPermalink
(2) the term ‘development company’ has the meaning given the term ‘development companies’ in section 103 of the Small Business Investment Act of 1958 (
15 U.S.C. 662 ); andCommentsClose CommentsPermalink(3) the term ‘small business concern’ has the same meaning as in section 3 of the Small Business Act (
15 U.S.C. 632 ).CommentsClose CommentsPermalink
TITLE VI--DEPARTMENT OF HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Office of the Under Secretary for Management
For an additional amount for the ‘Office of the Under Secretary for Management’, $248,000,000, to remain available until September 30, 2011, solely for planning, design, and construction costs, including site security, information technology infrastructure, furniture, fixtures, and related costs to consolidate the Department of Homeland Security headquarters: Provided, That no later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Administrator of General Services, shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink
OFFICE OF INSPECTOR GENERAL
For an additional amount for the ‘Office of Inspector General’, $5,000,000, to remain available until September 30, 2010, for oversight and audit of programs, grants, and projects funded under this title.CommentsClose CommentsPermalink
U.S. Customs and Border Protection
SALARIES AND EXPENSES
For an additional amount for ‘Salaries and Expenses’, $198,000,000, to remain available until September 30, 2010, of which $100,800,000 shall be for the procurement and deployment of non-intrusive inspection systems to improve port security; and of which $97,200,000 shall be for procurement and deployment of tactical communications equipment and radios: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.CommentsClose CommentsPermalink
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For an additional amount for ‘Border Security Fencing, Infrastructure, and Technology’, $200,000,000, to remain available until September 30, 2010, for expedited development and deployment of border security technology on the Southwest border: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’, $800,000,000, to remain available until expended, solely for planning, management, design, alteration, and construction of U.S. Customs and Border Protection owned land border ports of entry: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.CommentsClose CommentsPermalink
U.S. Immigration and Customs Enforcement
AUTOMATION MODERNIZATION
For an additional amount for ‘Automation Modernization’, $27,800,000, to remain available until September 30, 2010, for the procurement and deployment of tactical communications equipment and radios: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for expenditure of these funds.CommentsClose CommentsPermalink
Transportation Security Administration
AVIATION SECURITY
For an additional amount for ‘Aviation Security’, $1,200,000,000, to remain available until September 30, 2010, for procurement and installation of checked baggage explosives detection systems and checkpoint explosives detection equipment: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink
Coast Guard
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘Acquisition, Construction, and Improvements’, $572,500,000, to remain available until September 30, 2010, of which $255,000,000 shall be for shortfalls in priority procurements due to materials and labor cost increases; of which $195,000,000 shall be for shore facilities and aids to navigation facilities; of which $87,500,000 shall be for the design of a new polar icebreaker or the renovation of an existing polar icebreaker, and major repair and maintenance of existing polar icebreakers; and of which $35,000,000 shall be for emergency maintenance of the Coast Guard’s high endurance cutters: Provided, That amounts made available for the activities under this heading shall be available for all necessary expenses related to the oversight and management of such activities: Provided further, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink
ALTERATION OF BRIDGES
For an additional amount for ‘Alteration of Bridges’, $240,400,000, to remain available until September 30, 2010, for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act (
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
For an additional amount for ‘Management and Administration’, $6,000,000 for the acquisition of communications response vehicles to be deployed in response to a disaster or a national security event.CommentsClose CommentsPermalink
STATE AND LOCAL PROGRAMS
For an additional amount for grants, $950,000,000, to be allocated as follows:CommentsClose CommentsPermalink
(1) $100,000,000, to remain available until September 30, 2010, for Public Transportation Security Assistance, Railroad Security Assistance, and Systemwide Amtrak Security Upgrades under sections 1406, 1513, and 1514 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (
(2) $100,000,000, to remain available until September 30, 2010, for Port Security Grants in accordance with
(3) $250,000,000, to remain available until September 30, 2010, for upgrading, modifying, or constructing emergency operations centers under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, notwithstanding section 614(c) of that Act or for upgrading, modifying, or constructing State and local fusion centers as defined by section 210A(j)(1) of the Homeland Security Act of 2002 (
(4) $500,000,000 for construction to upgrade or modify critical infrastructure, as defined in section 1016(e) of the USA PATRIOT Act of 2001 (
FIREFIGHTER ASSISTANCE GRANTS
For an additional amount for competitive grants, $500,000,000, to remain available until September 30, 2010, for modifying, upgrading, or constructing State and local fire stations: Provided, That up to 5 percent shall be for program administration: Provided further, That no grant shall exceed $15,000,000.CommentsClose CommentsPermalink
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
Notwithstanding section 417(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the amount of any such loan issued pursuant to this section for major disasters occurring in calendar year 2008 may exceed $5,000,000, and may be equal to not more than 50 percent of the annual operating budget of the local government in any case in which that local government has suffered a loss of 25 percent or more in tax revenues: Provided, That the cost of modifying such loans shall be as defined in section 502 of the Congressional Budget Act of 1974 (
EMERGENCY FOOD AND SHELTER
For an additional amount to carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act (
Federal Law Enforcement Training Center
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For an additional amount for ‘Acquisition, Construction, Improvements, and Related Expenses’, $15,000,000, to remain available until September 30, 2010, for security systems and law enforcement upgrades for all Federal Law Enforcement Training Center facilities: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink
Science and Technology
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For an additional amount for ‘Research, Development, Acquisition, and Operations’, $14,000,000, to remain available until September 30, 2010, for cyber security research: Provided, That no later than 45 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink
GENERAL PROVISIONS--THIS TITLE
SEC. 601. Notwithstanding any other provision of law, the President shall establish an arbitration panel under the Federal Emergency Management Agency public assistance program to expedite the recovery efforts from Hurricanes Katrina, Rita, Gustav, and Ike within the Gulf Coast Region. The arbitration panel shall have sufficient authority regarding the award or denial of disputed public assistance applications for covered hurricane damage under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
SEC. 602. The Administrator of the Federal Emergency Management Agency may not prohibit or restrict the use of funds designated under the hazard mitigation grant program for damage caused by Hurricanes Katrina and Rita if the homeowner who is an applicant for assistance under such program commenced work otherwise eligible for hazard mitigation grant program assistance under section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For an additional amount for ‘Management of Lands and Resources’, $135,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’, $180,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
WILDLAND FIRE MANAGEMENT
For an additional amount for ‘Wildland Fire Management’, $15,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For an additional amount for ‘Resource Management’, $190,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’, $110,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for ‘Operation of the National Park System’, $158,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
HISTORIC PRESERVATION FUND
For an additional amount for ‘Historic Preservation Fund’, $55,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’, $589,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘Surveys, Investigations, and Research’, $135,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘Operation of Indian Programs’, $40,000,000, to remain available until September 30, 2010, of which $20,000,000 shall be for the housing improvement program.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’, $522,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For an additional amount for ‘Indian Guaranteed Loan Program Account’, $10,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
DEPARTMENTAL OFFICES
Insular Affairs
ASSISTANCE TO TERRITORIES
For an additional amount for ‘Assistance to Territories’, $62,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Office of Inspector General
SALARIES AND EXPENSES
For an additional amount for ‘Office of Inspector General’, $7,600,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
Department-wide Programs
CENTRAL HAZARDOUS MATERIALS FUND
For an additional amount for ‘Central Hazardous Materials Fund’, $20,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
WORKING CAPITAL FUND
For an additional amount for ‘Working Capital Fund’, $20,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
ENVIROMENTAL PROTECTION AGENCY
Hazardous Substance Superfund
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘Hazardous Substance Superfund’, $800,000,000, to remain available until September 30, 2010, as a payment from general revenues to the Hazardous Substance Superfund, to carry out remedial actions: Provided, That the Administrator may retain up to 2 percent of the funds appropriated herein for Superfund remedial actions for program oversight and support purposes, and may transfer those funds to other accounts as needed.CommentsClose CommentsPermalink
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ‘Leaking Underground Storage Tank Trust Fund Program’, $200,000,0000, to remain available until September 30, 2010, for cleanup activities: Provided, That none of these funds shall be subject to cost share requirements.CommentsClose CommentsPermalink
State and Tribal Assistance Grants
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘State and Tribal Assistance Grants’, $6,400,000,000, to remain available until September 30, 2010, of which $4,000,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended; of which $2,000,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Fund under section 1452 of the Safe Drinking Water Act, as amended; of which $100,000,000 shall be available for Brownfields remediation grants pursuant to section 104(k)(3) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; and of which $300,000,000 shall be for Diesel Emission Reduction Act grants pursuant to title VII, subtitle G of the Energy Policy Act of 2005, as amended: Provided, That notwithstanding the priority ranking they would otherwise receive under each program, priority for funds appropriated herein for the Clean Water State Revolving Funds and Drinking Water State Revolving Funds (Revolving Funds) shall be allocated to projects that are ready to proceed to construction within 180 days of enactment of this Act: Provided further, That the Administrator of the Environmental Protection Agency (Administrator) may reallocate funds appropriated herein for the Revolving Funds that are not under binding commitments to proceed to construction within 180 days of enactment of this Act: Provided further, That notwithstanding any other provision of law, financial assistance provided from funds appropriated herein for the Revolving Funds may include additional subsidization, including forgiveness of principal and negative interest loans: Provided further, That not less than 15 percent of the funds appropriated herein for the Revolving Funds shall be designated for green infrastructure, water efficiency improvements or other environmentally innovative projects: Provided further, That notwithstanding the limitation on amounts specified in section 518(c) of the Federal Water Pollution Control Act, up to a total of 1.5 percent of the funds appropriated herein for the Clean Water State Revolving Funds may be reserved by the Administrator for tribal grants under section 518(c) of such Act: Provided further, That section 1452(k) of the Safe Drinking Water Act shall not apply to amounts appropriated herein for the Drinking Water State Revolving Funds: Provided further, That the Administrator may exceed the 30 percent limitation on State grants for funds appropriated herein for Diesel Emission Reduction Act grants if the Administrator determines such action will expedite allocation of funds: Provided further, That none of the funds appropriated herein shall be subject to cost share requirements: Provided further, That the Administrator may retain up to 0.25 percent of the funds appropriated herein for the Clean Water State Revolving Funds and Drinking Water State Revolving Funds and up to 1.5 percent of the funds appropriated herein for the Diesel Emission Reduction Act grants program for program oversight and support purposes and may transfer those funds to other accounts as needed.CommentsClose CommentsPermalink
DEPARTMENT OF AGRICULTURE
Forest Service
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ‘Capital Improvement and Maintenance’, $650,000,000, to remain available until September 30, 2010, which shall include remediation of abandoned mine sites and support costs necessary to carry out this work.CommentsClose CommentsPermalink
WILDLAND FIRE MANAGEMENT
For an additional amount for ‘Wildland Fire Management’, $650,000,000, to remain available until September 30, 2010, for hazardous fuels reduction and hazard mitigation activities in areas at high risk of catastrophic wildfire, of which $350,000,000 is available for work on State and private lands using all the authorities available to the Forest Service: Provided, That of the funds provided for State and private land fuels reduction activities, up to $50,000,000 may be used to make grants for the purpose of creating incentives for increased use of biomass from national forest lands.CommentsClose CommentsPermalink
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For an additional amount for ‘Indian Health Services’, $135,000,000, to remain available until September 30, 2010, of which $50,000,000 is for contract health services; and of which $85,000,000 is for health information technology: Provided, That the amount made available for health information technology activities may be used for both telehealth services development and related infrastructure requirements that are typically funded through the ‘Indian Health Facilities’ account: Provided further, That notwithstanding any other provision of law, health information technology funds provided within this title shall be allocated at the discretion of the Director of the Indian Health Service.CommentsClose CommentsPermalink
INDIAN HEALTH FACILITIES
For an additional amount for ‘Indian Health Facilities’, $410,000,000, to remain available until September 30, 2010: Provided, That for the purposes of this Act, spending caps included within the annual appropriation for ‘Indian Health Facilities’ for the purchase of medical equipment shall not apply.CommentsClose CommentsPermalink
SMITHSONIAN INSTITUTION
Facilities Capital
For an additional amount for ‘Facilities Capital’, $150,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
GENERAL PROVISIONS--THIS TITLE
Sec. 701. (a) Within 30 days of enactment of this Act, each agency receiving funds under this title shall submit a general plan for the expenditure of such funds to the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
(b) Within 90 days of enactment of this Act, each agency receiving funds under this title shall submit to the Committees a report containing detailed project level information associated with the general plan submitted pursuant to subsection (a).CommentsClose CommentsPermalink
Sec. 702. In carrying out the work for which funds in this title are being made available, the Secretary of the Interior and the Secretary of Agriculture may utilize the Public Lands Corps, Youth Conservation Corps, Job Corps and other related partnerships with Federal, State, local, tribal or non-profit groups that serve young adults.CommentsClose CommentsPermalink
TITLE VIII--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for ‘Training and Employment Services’ for activities authorized by the Workforce Investment Act of 1998 (‘WIA’), $3,250,000,000, which shall be available on the date of enactment of this Act, as follows:CommentsClose CommentsPermalink
(1) $500,000,000 for adult employment and training activities, including supportive services and needs-related payments described in section 134(e)(2) and (3) of the WIA: Provided, That a priority use of these funds shall be services to individuals described in 134(d)(4)(E) of the WIA;CommentsClose CommentsPermalink
(2) $1,200,000,000 for grants to the States for youth activities, including summer employment for youth: Provided, That no portion of such funds shall be reserved to carry out section 127(b)(1)(A) of the WIA: Provided further, That for purposes of section 127(b)(1)(C)(iv) of the WIA, funds available for youth activities shall be allotted as if the total amount available for youth activities in the fiscal year does not exceed $1,000,000,000: Provided further, That, with respect to the youth activities provided with such funds, section 101(13)(A) of the WIA shall be applied by substituting ‘age 24’ for ‘age 21’: Provided further, That the work readiness performance indicator described in section 136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of performance used to assess the effectiveness of youth activities provided with such funds;CommentsClose CommentsPermalink
(3) $1,000,000,000 for grants to the States for dislocated worker employment and training activities;CommentsClose CommentsPermalink
(4) $200,000,000 for national emergency grants;CommentsClose CommentsPermalink
(5) $250,000,000 under the dislocated worker national reserve for a program of competitive grants for worker training in high growth and emerging industry sectors and assistance under 132(b)(2)(A) of the WIA: Provided, That the Secretary of Labor shall give priority when awarding such grants to projects that prepare workers for careers in energy efficiency and renewable energy as described in section 171(e)(1)(B) of the WIA and for careers in the health care sector; andCommentsClose CommentsPermalink
(6) $100,000,000 for YouthBuild activities as described in section 173A of the WIA: Provided, That for program years 2008 and 2009, the YouthBuild program may serve an individual who has dropped out of high school and re-enrolled in an alternative school, if that re-enrollment is part of a sequential service strategy:CommentsClose CommentsPermalink
Provided, That funds made available in this paragraph shall remain available through June 30, 2010: Provided further, That a local board may award a contract to an institution of higher education if the local board determines that it would facilitate the training of multiple individuals in high-demand occupations, if such contract does not limit customer choice.CommentsClose CommentsPermalink
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
For an additional amount for ‘Community Service Employment for Older Americans’ for carrying out title V of the Older Americans Act of 1965, $120,000,000, which shall be available on the date of enactment of this Act and shall remain available through June 30, 2010: Provided, That funds shall be allotted within 30 days of such enactment to current grantees in proportion to their allotment in program year 2008: Provided further, That funds made available under this heading in this Act may, in accordance with section 517(c) of the Older Americans Act of 1965, be recaptured and reobligated.CommentsClose CommentsPermalink
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For an additional amount for ‘State Unemployment Insurance and Employment Service Operations’ for grants to States in accordance with section 6 of the Wagner-Peyser Act, $400,000,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, That such funds shall be available on the date of enactment of this Act and remain available to the States through September 30, 2010: Provided further, That $250,000,000 of such funds shall be used by States for reemployment services for unemployment insurance claimants (including the integrated Employment Service and Unemployment Insurance information technology required to identify and serve the needs of such claimants): Provided further, That the Secretary of Labor shall establish planning and reporting procedures necessary to provide oversight of funds used for reemployment services.CommentsClose CommentsPermalink
Departmental Management
OFFICE OF JOB CORPS
For an additional amount for ‘Office of Job Corps’ for construction, alteration and repairs of buildings and other facilities, $160,000,000, which shall remain available through June 30, 2010: Provided, That the Secretary of Labor may transfer up to 15 percent of such funds to meet the operational needs of Job Corps Centers, which may include training for careers in the energy efficiency, renewable energy, and environmental protection industries: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary shall provide to the Committee on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of funds available in this paragraph.CommentsClose CommentsPermalink
OFFICE OF INSPECTOR GENERAL
For an additional amount for the ‘Office of Inspector General’, $3,000,000, which shall remain available through September 30, 2010, for salaries and expenses necessary for oversight and audit of programs, grants, and projects funded in this Act and administered by the Department of Labor.CommentsClose CommentsPermalink
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For an additional amount for ‘Health Resources and Services’, $1,088,000,000, which shall remain available through September 30, 2010, of which $88,000,000 shall be for necessary expenses related to leasing and renovating a headquarters building for Public Health Service agencies and other components of the Department of Health and Human Services, including renovation and fit-out costs, and of which $1,000,000,000 shall be for grants for construction, renovation and equipment for health centers receiving operating grants under section 330 of the Public Health Service Act, notwithstanding the limitation in section 330(e)(3).CommentsClose CommentsPermalink
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for ‘Disease Control, Research, and Training’ for acquisition of real property, equipment, construction, and renovation of facilities, including necessary repairs and improvements to leased laboratories, $412,000,000, which shall remain available through September 30, 2010: Provided, That notwithstanding any other provision of law, the Centers for Disease Control and Prevention may award a single contract or related contracts for development and construction of facilities that collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ‘availability of funds’ found at 48 CFR 52.232-18.CommentsClose CommentsPermalink
National Institutes of Health
NATIONAL CENTER FOR RESEARCH RESOURCES
For an additional amount for ‘National Center for Research Resources’, $300,000,000, which shall be available through September 30, 2010, for shared instrumentation and other capital research equipment.CommentsClose CommentsPermalink
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘Office of the Director’, $2,700,000,000, which shall be available through September 30, 2010: Provided, That $1,350,000,000 shall be transferred to the Institutes and Centers of the National Institutes of Health and to the Common Fund established under section 402A(c)(1) of the Public Health Service Act in proportion to the appropriations otherwise made to such Institutes, Centers, and Common Fund for fiscal year 2009: Provided further, That these funds shall be used to support additional scientific research and shall be merged with and be available for the same purposes as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the National Institutes of Health: Provided further, That none of these funds may be transferred to ‘National Institutes of Health--Buildings and Facilities’, the Center for Scientific Review, the Center for Information Technology, the Clinical Center, the Global Fund for HIV/AIDS, Tuberculosis and Malaria, or the Office of the Director (except for the transfer to the Common Fund).CommentsClose CommentsPermalink
BUILDINGS AND FACILITIES
For an additional amount for ‘Buildings and Facilities’, $500,000,000, which shall be available through September 30, 2010, to fund high-priority repair, construction and improvement projects for National Institutes of Health facilities on the Bethesda, Maryland campus and other agency locations.CommentsClose CommentsPermalink
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘Healthcare Research and Quality’ to carry out titles III and IX of the Public Health Service Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $700,000,000 for comparative clinical effectiveness research, which shall remain available through September 30, 2010: Provided, That of the amount appropriated in this paragraph, $400,000,000 shall be transferred to the Office of the Director of the National Institutes of Health (‘Office of the Director’) to conduct or support comparative clinical effectiveness research under section 301 and title IV of the Public Health Service Act: Provided further, That funds transferred to the Office of the Director may be transferred to the Institutes and Centers of the National Institutes of Health and to the Common Fund established under section 402A(c)(1) of the Public Health Service Act: Provided further, That this transfer authority is in addition to any other transfer authority available to the National Institutes of Health: Provided further, That within the amount available in this paragraph for the Agency for Healthcare Research and Quality, not more than 1 percent shall be made available for additional full-time equivalents.CommentsClose CommentsPermalink
In addition, $400,000,000 shall be available for comparative clinical effectiveness research to be allocated at the discretion of the Secretary of Health and Human Services (‘Secretary’) and shall remain available through September 30, 2010: Provided, That the funding appropriated in this paragraph shall be used to accelerate the development and dissemination of research assessing the comparative clinical effectiveness of health care treatments and strategies, including through efforts that: (1) conduct, support, or synthesize research that compares the clinical outcomes, effectiveness, and appropriateness of items, services, and procedures that are used to prevent, diagnose, or treat diseases, disorders, and other health conditions and (2) encourage the development and use of clinical registries, clinical data networks, and other forms of electronic health data that can be used to generate or obtain outcomes data: Provided further, That the Secretary shall enter into a contract with the Institute of Medicine, for which no more than $1,500,000 shall be made available from funds provided in this paragraph, to produce and submit a report to the Congress and the Secretary by not later than June 30, 2009 that includes recommendations on the national priorities for comparative clinical effectiveness research to be conducted or supported with the funds provided in this paragraph and that considers input from stakeholders: Provided further, That the Secretary shall consider any recommendations of the Federal Coordinating Council for Comparative Clinical Effectiveness Research established by section 802 of this Act and any recommendations included in the Institute of Medicine report pursuant to the preceding proviso in designating activities to receive funds provided in this paragraph and may make grants and contracts with appropriate entities, which may include agencies within the Department of Health and Human Services and other governmental agencies, as well as private sector entities, that have demonstrated experience and capacity to achieve the goals of comparative clinical effectiveness research: Provided further, That the Secretary shall publish information on grants and contracts awarded with the funds provided under this heading within a reasonable time of the obligation of funds for such grants and contracts and shall disseminate research findings from such grants and contracts to clinicians, patients, and the general public, as appropriate: Provided further, That, to the extent feasible, the Secretary shall ensure that the recipients of the funds provided by this paragraph offer an opportunity for public comment on the research: Provided further, That the Secretary shall provide the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate with an annual report on the research conducted or supported through the funds provided under this heading.CommentsClose CommentsPermalink
Administration for Children and Families
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
For an additional amount for ‘Payments to States for the Child Care and Development Block Grant’ for carrying out the Child Care and Development Block Grant Act of 1990, $2,000,000,000, which shall remain available through September 30, 2010: Provided, That funds provided under this heading shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided further, That, in addition to the amounts required to be reserved by the States under section 658G of such Act, $255,186,000 shall be reserved by the States for activities authorized under section 658G, of which $93,587,000 shall be for activities that improve the quality of infant and toddler care.CommentsClose CommentsPermalink
SOCIAL SERVICES BLOCK GRANT
For an additional amount for ‘Social Services Block Grant,’ $400,000,000: Provided, That notwithstanding section 2003 of the Social Security Act, funds shall be allocated to States on the basis of unemployment: Provided further, That these funds shall be obligated to States within 60 calendar days from the date they become available for obligation.CommentsClose CommentsPermalink
CHILDREN AND FAMILIES SERVICES PROGRAMS
For an additional amount for ‘Children and Families Services Programs’ for carrying out activities under the Head Start Act, $1,000,000,000, which shall remain available through September 30, 2010. In addition, $1,100,000,000, which shall remain available through September 30, 2010, is hereby appropriated for expansion of Early Head Start programs, as described in section 645A of such Act: Provided, That of the funds provided in this sentence, up to 10 percent shall be available for the provision of training and technical assistance to such programs consistent with section 645A(g)(2) of such Act, and up to 3 percent shall be available for monitoring the operation of such programs consistent with section 641A of such Act.CommentsClose CommentsPermalink
For an additional amount for ‘Children and Families Services Programs’ for carrying out activities under sections 674 through 679 of the Community Services Block Grant Act, $200,000,000, which shall remain available through September 30, 2010: Provided, That of the funds provided under this paragraph, no part shall be subject to paragraph (3) of section 674(b) of such Act: Provided further, That not less than 5 percent of the funds allotted to a State from the appropriation under this paragraph shall be used under section 675C(b)(1) for benefits enrollment coordination activities relating to the identification and enrollment of eligible individuals and families in Federal, State and local benefit programs.CommentsClose CommentsPermalink
Administration on Aging
AGING SERVICES PROGRAMS
For an additional amount for ‘Aging Services Programs,’ $100,000,000, of which $67,000,000 shall be for Congregate Nutrition Services and $33,000,000 shall be for Home-Delivered Nutrition Services: Provided, That these funds shall remain available through September 30, 2010.CommentsClose CommentsPermalink
Office of the Secretary
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘Office of the National Coordinator for Health Information Technology’, $5,000,000,000, to carry out title XIII of this Act which shall be available until expended: Provided, That of this amount, the Secretary of Health and Human Services shall transfer $20,000,000 to the Director of the National Institute of Standards and Technology in the Department of Commerce for continued work on advancing health care information enterprise integration through activities such as technical standards analysis and establishment of conformance testing infrastructure so long as such activities are coordinated with the Office of the National Coordinator for Health Information Technology: Provided further, That funds available under this heading shall become available for obligation only upon submission of an annual operating plan by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each major set of activities not later than November 1, 2009 and every 6 months thereafter as long as funding under this heading is available for obligation or expenditure.CommentsClose CommentsPermalink
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for the Office of the Inspector General, $4,000,000 which shall remain available until September 30, 2011.CommentsClose CommentsPermalink
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘Public Health and Social Services Emergency Fund’ to carry out a program of grants, contracts, and cooperative agreements to fund projects and activities to reduce the incidence or severity of preventable disabilities, diseases and conditions and to invest in health workforce training, $5,800,000,000, to remain available through September 30, 2011: Provided, That the amount made available in this paragraph may be transferred to another appropriation account of the Department of Health and Human Services (‘HHS’), as determined by the Secretary of Health and Human Services to be appropriate and upon notification of the Committees on Appropriations of the House of Representatives and the Senate, to be used for the purposes specified in this paragraph, and the provisos of this paragraph shall apply to any funds so transferred: Provided further, That of the amount provided in this paragraph, not less than $1,000,000,000 shall be transferred to the Centers for Disease Control and Prevention (‘CDC’) as an additional amount for screening activities related to preventable disabilities and chronic diseases and conditions, including counseling to prevent and mitigate the precursors of those disorders: Provided further, That of the amount provided in this paragraph, not less than $750,000,000 shall be transferred to the CDC 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 (‘PHS Act’): Provided further, That of the amount provided in this paragraph, not less than $600,000,000 shall be transferred to the Health Resources and Services Administration as an additional amount to address health professions workforce shortages through scholarships, loan repayment, grants to training programs for equipment and activities to foster cross-state licensure agreements, authorized under sections 330 through 338, 737, 738, and 846 of the PHS Act, of which $200,000,000 shall be available until expended for extending service contracts and the recapture and reallocation of funds in the event that a participant fails to fulfill their term of service: Provided further, That of the amount provided in this paragraph, $400,000,000 shall be transferred to the CDC as an additional amount for the Healthy Communities program, which shall be used for multi-year awards: Provided further, That of the amount provided under this heading, not less than $400,000,000 shall be transferred to the CDC for an additional amount for the screening and prevention of sexually-transmitted diseases, including HIV: Provided further, That of the amount provided in this paragraph, not less than $75,000,000 shall be for smoking cessation activities, including laboratory testing and equipment: Provided further, That of the amount provided in this paragraph, not less than $60,000,000 shall be made available for additional research, data collection and surveys relating to prevention science and the current state of health, including equipment: Provided further, That of the amount provided in this paragraph, $40,000,000 shall be transferred to the CDC for information technology improvements to vital statistics record systems, including grants to State health departments for equipment: Provided further, That of the amount provided in this paragraph, $15,000,000 shall be made available for grants to States for equipment and maintenance related to newborn screening: Provided further, That not less than 1 percent of the amount provided in this paragraph shall be available for evaluation of the activities supported by the amounts provided in this paragraph: Provided further, That up to 1 percent of amounts made available in this paragraph may be used for administrative expenses in the office or division of HHS administering the funds: Provided further, That the transfers required by this paragraph shall be completed within 30 days of enactment of this Act: Provided further, That the Secretary shall submit reports to the Committees on Appropriations of the House of Representatives and the Senate detailing the following information on the amounts appropriated in this paragraph: (1) an operating plan detailing activities to be supported and timelines for expenditure, to be submitted no later than 120 days after the enactment of this Act; (2) 15 day prior notification of any funds to be obligated prior to the submission of the operating plan; (3) an obligation and expenditure report to be submitted quarterly until all funds are fully expended; (4) a briefing 15 days prior to any new grant solicitation; (5) an evaluation plan that details the manner in which the Secretary intends to evaluate the outcomes of activities supported, to be submitted 120 days after enactment of this Act; (6) an outcomes report on all activities supported, to be submitted 1 year after enactment and every 6 months thereafter until all funds have been expended; and (7) a report on best practices to be submitted 18 months after enactment and every 6 months thereafter until all funds have been expended.CommentsClose CommentsPermalink
For an additional amount for the ‘Public Health and Social Services Emergency Fund’ to prepare for and respond to an influenza pandemic, $870,000,000, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools which shall be available until expended: Provided, That products purchased with these funds may, at the discretion of the 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 vaccines 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 herein 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 purposes specified in this sentence.CommentsClose CommentsPermalink
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For an additional amount for carrying out title I of the Elementary and Secondary Education Act of 1965, $13,000,000,000, which shall be available through September 30, 2010: Provided, That $5,500,000,000 shall be for targeted grants under section 1125, $5,500,000,000 shall be for education finance incentive grants under section 1125A, and $2,000,000,000 shall be for school improvement grants under section 1003(g): Provided further, That each local educational agency receiving funds available under this paragraph for sections 1125 and 1125A shall use not less than 15 percent of such funds for activities serving children who are eligible pursuant to section 1115(b)(1)(A)(ii) and programs in section 1112(b)(1)(K): Provided further, That each local educational agency receiving funds available under this paragraph shall be required to file with the State educational agency, no later than December 1, 2009, a school-by-school listing of per-pupil educational expenditures from State and local sources during the 2008-2009 academic year.CommentsClose CommentsPermalink
School Improvement Programs
For an additional amount for ‘School Improvement Programs,’ $17,070,000,000, which shall be available through September 30, 2010, for carrying out activities authorized by part D of title II of the Elementary and Secondary Education Act of 1965, subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (‘McKinney-Vento’), and section 804 of this Act: Provided, That the Secretary shall allot $70,000,000 for grants under McKinney-Vento to each State in proportion to the number of homeless students identified by the State during the 2007-2008 school year relative to the number of such children identified nationally during that school year: Provided further, That State educational agencies shall subgrant the McKinney-Vento funds to local educational agencies on a competitive basis or according to a formula based on the number of homeless students identified by the local educational agencies in the State: Provided further, That the Secretary shall distribute the McKinney-Vento funds to the States not later than 60 days after the date of the enactment of this Act: Provided further, That each State shall subgrant the McKinney-Vento funds to local educational agencies not later than 120 days after receiving its grant from the Secretary.CommentsClose CommentsPermalink
Special Education
For an additional amount for ‘Special Education’ for carrying out parts B and C of the Individuals with Disabilities Education Act (‘IDEA’), $13,500,000,000, which shall remain available through September 30, 2010: Provided, That if every State, as defined by section 602(31) of the IDEA, reaches its maximum allocation under section 611(d)(3)(B)(iii) of the IDEA, and there are remaining funds, such funds shall be proportionally allocated to each State subject to the maximum amounts contained in section 611(a)(2) of the IDEA: Provided further, That by July 1, 2009, the Secretary of Education shall reserve the amount needed for grants under section 643(e) of the IDEA, with any remaining funds to be allocated in accordance with section 643(c) of the IDEA: Provided further, That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2008, increased by the amount of inflation as specified in section 619(d)(2)(B), or the percentage increase in the funds appropriated under section 611(i): Provided further, That each local educational agency receiving funds available under this paragraph for part B shall use not less than 15 percent for special education and related services to children described in section 619(a) of the IDEA.CommentsClose CommentsPermalink
Rehabilitation Services and Disability Research
For an additional amount for ‘Rehabilitation Services and Disability Research’ for providing grants to States to carry out the Vocational Rehabilitation Services program under part B of title I and parts B and C of chapter 1 and chapter 2 of title VII of the Rehabilitation Act of 1973, $610,000,000, which shall remain available through September 30, 2010: Provided, That $500,000,000 shall be available for part B of title I of the Rehabilitation Act: Provided further, That funds provided herein shall not be considered in determining the amount required to be appropriated under section 100(b)(1) of the Rehabilitation Act of 1973 in any fiscal year: Provided further, That, notwithstanding section 7(14)(A), the Federal share of the costs of vocational rehabilitation services provided with the funds provided herein shall be 100 percent.CommentsClose CommentsPermalink
Student Financial Assistance
For an additional amount for ‘Student Financial Assistance’ to carry out subpart 1 of part A of title IV of the Higher Education Act of 1965, $13,869,000,000: Provided, That such funds shall be used to increase the maximum Pell Grant by $281 for award year 2009-2010, to increase the maximum Pell Grant by $400 for the award year 2010-2011, and to reduce or eliminate the Pell Grant shortfall: Provided further, That these funds shall remain available through September 30, 2011.CommentsClose CommentsPermalink
For an additional amount for ‘Student Financial Assistance’ to carry out part E of title IV of the Higher Education Act of 1965, $61,000,000: Provided, That these funds shall remain available through September 30, 2010.CommentsClose CommentsPermalink
Higher Education
For an additional amount for ‘Higher Education’ for carrying out activities under part A of title II of the Higher Education Act of 1965, $100,000,000: Provided, That these funds shall remain available through September 30, 2010.CommentsClose CommentsPermalink
Higher Education Facilities
For carrying out activities authorized under section 803 of this Act, $3,500,000,000: Provided, That these funds shall remain available through September 30, 2010.CommentsClose CommentsPermalink
Departmental Management
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for the ‘Office of the Inspector General’, $4,000,000, which shall remain available through September 30, 2012, for salaries and expenses necessary for oversight and audit of programs, grants, and projects funded in this Act and administered by the Department of Education.CommentsClose CommentsPermalink
RELATED AGENCIES
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
Operating Expenses
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘Operating Expenses’ to carry out the Domestic Volunteer Service Act of 1973 (‘1973 Act’) and the National and Community Service Act of 1990 (‘1990 Act’), $160,000,000, to remain available through September 30, 2010: Provided, That funds made available in this paragraph may be used to provide adjustments to awards under subtitle C of title I of the 1990 Act made prior to September 30, 2010 for which the Chief Executive Officer of the Corporation for National and Community Service (‘CEO’) determines that a waiver of the Federal share limitation is warranted under section 2521.70 of title 45 of the Code of Federal Regulations: Provided further, That of the amount made available in this paragraph, not less than $6,000,000 shall be transferred to ‘Salaries and Expenses’ for necessary expenses relating to information technology upgrades: Provided further, That of the amount provided in this paragraph, $10,000,000 shall be available for additional members in the Civilian Community Corps authorized under subtitle E of title I of the 1990 Act: Provided further, That of the amount provided in this paragraph, $1,000,000 shall be made available for a one-time supplement grant to State commissions on national and community service under section 126(a) of the 1990 Act without regard to the limitation on Federal share under section 126(a)(2) of the 1990 Act: Provided further, That of the amount made available in this paragraph, not less than $13,000,000 shall be for research activities authorized under subtitle H of title I of the 1990 Act: Provided further, That of the amount made available in this paragraph, not less than $65,000,000 shall be for programs under title I, part A of the 1973 Act: Provided further, That funds provided in the previous proviso shall not be made available in connection with cost-share agreements authorized under section 192A(g)(10) of the 1990 Act: Provided further, That of the funds available under this heading, up to 20 percent of funds allocated to grants authorized under section 124(b) of title I, subtitle C of the 1990 Act may be used to administer, reimburse, or support any national service program under section 129(d)(2) of the 1990 Act: Provided further, That, except as provided herein and in addition to requirements identified herein, funds provided in this paragraph shall be subject to the terms and conditions under which funds were appropriated in fiscal year 2008: Provided further, That the CEO shall provide the Committees on Appropriations of the House of Representatives and the Senate a fiscal year 2009 operating plan for the funds appropriated in this paragraph prior to making any Federal obligations of such funds in fiscal year 2009, but not later than 90 days after the date of enactment of this Act, and a fiscal year 2010 operating plan for such funds prior to making any Federal obligations of such funds in fiscal year 2010, but not later than November 1, 2009, that detail the allocation of resources and the increased number of members supported by the AmeriCorps programs: Provided further, That the CEO shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the actual obligations, expenditures, and unobligated balances for each activity funded under this heading not later than November 1, 2009, and every 6 months thereafter as long as funding provided under this heading is available for obligation or expenditure.CommentsClose CommentsPermalink
National Service Trust
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘National Service Trust’ established under subtitle D of title I of the National and Community Service Act of 1990 (‘1990 Act’), $40,000,000, which shall remain available until expended: Provided, That the Corporation for National and Community Service may transfer additional funds from the amount provided within ‘Operating Expenses’ for grants made under subtitle C of title I of the 1990 Act to this appropriation upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, 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’, $890,000,000 shall be available as follows:CommentsClose CommentsPermalink
(1) $750,000,000 shall remain available until expended for necessary expenses of the replacement of the National Computer Center and the information technology costs associated with such Center: Provided, That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 10 days prior to each public notice soliciting bids related to site selection and construction: Provided further, That unobligated balances of funds not needed for this purpose may be used as described in subparagraph (2); andCommentsClose CommentsPermalink
(2) $140,000,000 shall be available through September 30, 2010 for information technology acquisitions and research, which may include research and activities to facilitate the adoption of electronic medical records in disability claims and the transfer of funds to ‘Supplemental Security Income’ to carry out activities under section 1110 of the Social Security Act: Provided further, That not later than 10 days prior to the obligation of such funds, the Commissioner shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of such funds.CommentsClose CommentsPermalink
Office of Inspector General
For an additional amount for the ‘Office of Inspector General’, $3,000,000, which shall remain available through September 30, 2012, for salaries and expenses necessary for oversight and audit of programs, projects, and activities funded in this Act and administered by the Social Security Administration.CommentsClose CommentsPermalink
GENERAL PROVISIONS--THIS TITLE
SEC. 801. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM WAGE INCREASES. (a) In General- Section 8104 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (
‘SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM WAGE INCREASES.
‘(a) Study- Beginning on the date that is 60 days after the date of enactment of this Act, and every year thereafter until the minimum wage in the respective territory is $7.25 per hour, the Government Accountability Office shall conduct a study to--CommentsClose CommentsPermalink
‘(1) assess the impact of the minimum wage increases that occurred in American Samoa and the Commonwealth of the Northern Mariana Islands in 2007 and 2008, as required under
Public Law 110-28 , on the rates of employment and the living standards of workers, with full consideration of the other factors that impact rates of employment and the living standards of workers such as inflation in the cost of food, energy, and other commodities; andCommentsClose CommentsPermalink‘(2) estimate the impact of any further wage increases on rates of employment and the living standards of workers in American Samoa and the Commonwealth of the Northern Mariana Islands, with full consideration of the other factors that may impact the rates of employment and the living standards of workers, including assessing how the profitability of major private sector firms may be impacted by wage increases in comparison to other factors such as energy costs and the value of tax benefits.CommentsClose CommentsPermalink
‘(b) Report- No earlier than March 15, 2009, and not later than April 15, 2009, the Government Accountability Office shall transmit its first report to Congress concerning the findings of the study required under subsection (a). The Government Accountability Office shall transmit any subsequent reports to Congress concerning the findings of a study required by subsection (a) between March 15 and April 15 of each year.CommentsClose CommentsPermalink
‘(c) Economic Information- To provide sufficient economic data for the conduct of the study under subsection (a)--CommentsClose CommentsPermalink
‘(1) the Department of Labor shall include and separately report on American Samoa and the Commonwealth of the Northern Mariana Islands in its household surveys and establishment surveys;CommentsClose CommentsPermalink
‘(2) the Bureau of Economic Analysis of the Department of Commerce shall include and separately report on American Samoa and the Commonwealth of the Northern Mariana Islands in its gross domestic product data; andCommentsClose CommentsPermalink
‘(3) the Bureau of the Census of the Department of Commerce shall include and separately report on American Samoa and the Commonwealth of the Northern Mariana Islands in its population estimates and demographic profiles from the American Community Survey,CommentsClose CommentsPermalink
with the same regularity and to the same extent as the Department or each Bureau collects and reports such data for the 50 States. In the event that the inclusion of American Samoa and the Commonwealth of the Northern Mariana Islands in such surveys and data compilations requires time to structure and implement, the Department of Labor, the Bureau of Economic Analysis, and the Bureau of the Census (as the case may be) shall in the interim annually report the best available data that can feasibly be secured with respect to such territories. Such interim reports shall describe the steps the Department or the respective Bureau will take to improve future data collection in the territories to achieve comparability with the data collected in the United States. The Department of Labor, the Bureau of Economic Analysis, and the Bureau of the Census, together with the Department of the Interior, shall coordinate their efforts to achieve such improvements.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 802. FEDERAL COORDINATING COUNCIL FOR COMPARATIVE CLINICAL EFFECTIVENESS RESEARCH. (a) ESTABLISHMENT- There is hereby established a Federal Coordinating Council for Comparative Clinical Effectiveness Research (in this section referred to as the ‘Council’).CommentsClose CommentsPermalink
(b) PURPOSE; DUTIES- The Council shall--CommentsClose CommentsPermalink
(1) assist the offices and agencies of the Federal Government, including the Departments of Health and Human Services, Veterans Affairs, and Defense, and other Federal departments or agencies, to coordinate the conduct or support of comparative clinical effectiveness and related health services research; andCommentsClose CommentsPermalink
(2) advise the President and Congress on--CommentsClose CommentsPermalink
(A) strategies with respect to the infrastructure needs of comparative clinical effectiveness research within the Federal Government;CommentsClose CommentsPermalink
(B) appropriate organizational expenditures for comparative clinical effectiveness research by relevant Federal departments and agencies; andCommentsClose CommentsPermalink
(C) opportunities to assure optimum coordination of comparative clinical effectiveness and related health services research conducted or supported by relevant Federal departments and agencies, with the goal of reducing duplicative efforts and encouraging coordinated and complementary use of resources.CommentsClose CommentsPermalink
(c) MEMBERSHIP-CommentsClose CommentsPermalink
(1) NUMBER AND APPOINTMENT- The Council shall be composed of not more than 15 members, all of whom are senior Federal officers or employees with responsibility for health-related programs, appointed by the President, acting through the Secretary of Health and Human Services (in this section referred to as the ‘Secretary’). Members shall first be appointed to the Council not later than 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) MEMBERS-CommentsClose CommentsPermalink
(A) IN GENERAL- The members of the Council shall include one senior officer or employee from each of the following agencies:CommentsClose CommentsPermalink
(i) The Agency for Healthcare Research and Quality.CommentsClose CommentsPermalink
(ii) The Centers for Medicare and Medicaid Services.CommentsClose CommentsPermalink
(iii) The National Institutes of Health.CommentsClose CommentsPermalink
(iv) The Office of the National Coordinator for Health Information Technology.CommentsClose CommentsPermalink
(v) The Food and Drug Administration.CommentsClose CommentsPermalink
(vi) The Veterans Health Administration within the Department of Veterans Affairs.CommentsClose CommentsPermalink
(vii) The office within the Department of Defense responsible for management of the Department of Defense Military Health Care System.CommentsClose CommentsPermalink
(B) QUALIFICATIONS- At least half of the members of the Council shall be physicians or other experts with clinical expertise.CommentsClose CommentsPermalink
(3) CHAIRMAN; VICE CHAIRMAN- The Secretary shall serve as Chairman of the Council and shall designate a member to serve as Vice Chairman.CommentsClose CommentsPermalink
(d) REPORTS-CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than June 30, 2009, the Council shall submit to the President and the Congress a report containing information describing Federal activities on comparative clinical effectiveness research and recommendations for additional investments in such research conducted or supported from funds made available for allotment by the Secretary for comparative clinical effectiveness research in this Act.CommentsClose CommentsPermalink
(2) ANNUAL REPORT- The Council shall submit to the President and Congress an annual report regarding its activities and recommendations concerning the infrastructure needs, appropriate organizational expenditures and opportunities for better coordination of comparative clinical effectiveness research by relevant Federal departments and agencies.CommentsClose CommentsPermalink
(e) STAFFING; SUPPORT- From funds made available for allotment by the Secretary for comparative clinical effectiveness research in this Act, the Secretary shall make available not more than 1 percent to the Council for staff and administrative support.CommentsClose CommentsPermalink
SEC. 803. 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 and research.CommentsClose CommentsPermalink
Funds may also be used for leasing, purchasing or upgrading equipment, designed to strengthen and support academic and technical skill achievement.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 12 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).CommentsClose CommentsPermalink
(4) ADMINISTRATION AND OVERSIGHT EXPENSES- From the amounts appropriated to carry out this section, not more than $3,000,000 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, repair, and equipment.CommentsClose CommentsPermalink
(C) COMMUNITY COLLEGES- Notwithstanding, subparagraph (B), the percentage of funds allocated to community colleges in each State shall be no less than the percentage of full-time equivalent students attending community colleges relative to the total number of full-time equivalent undergraduate students attending public institutions of higher education in the State.CommentsClose CommentsPermalink
(D) 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 (
42 U.S.C. 5122(2) )), including an institution affected by a Gulf hurricane disaster, as such term is defined in section 824(g)(1) of the Higher Education Act of 1965 (20 U.S.C. 11611-3(g)(1) ).CommentsClose CommentsPermalink(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 (
42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794 ).CommentsClose CommentsPermalink(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 or purchase of equipment that are primarily for instruction or research.CommentsClose CommentsPermalink
(2) 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
(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 (
20 U.S.C. 1221 )) subject to section 439 of such Act (20 U.S.C. 1232b ). The Secretary shall, notwithstanding section 437 of such Act (20 U.S.C. 1232 ) andsection 553 of title 5, United States Code , establish such program rules as may be necessary to implement such grant program by notice in the Federal Register.CommentsClose CommentsPermalink(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) 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
(2) 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
(3) SECRETARY- The term ‘Secretary’ means the Secretary of Education.CommentsClose CommentsPermalink
(4) STATE- The term ‘State’ has the meaning given such term in section 103 of the Higher Education Act of 1965 (
20 U.S.C. 1003 ).CommentsClose CommentsPermalink(5) 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 (
20 U.S.C. 1003 ).CommentsClose CommentsPermalink(6) COMMUNITY COLLEGE- The term ‘Community College’ means a public non-profit institution of higher education as defined in section 101(a) of the Higher Education Act, whose highest degree offered is predominantly the associate degree.CommentsClose CommentsPermalink
SEC. 804. GRANTS FOR SCHOOL RENOVATION, REPAIR, AND CONSTRUCTION. (a) Allocation of Funds-CommentsClose CommentsPermalink
(1) RESERVATIONS-CommentsClose CommentsPermalink
(A) OUTLYING AREAS AND BUREAU OF INDIAN EDUCATION- From the funds appropriated to carry out this section, the Secretary shall reserve 1 percent to provide assistance under this section to the outlying areas and for payments to the Secretary of the Interior to provide assistance consistent with this section to schools funded by the Bureau of Indian Education. Funds reserved under this subparagraph shall be distributed by the Secretary among the outlying areas and the Secretary of the Interior on the basis of relative need, as determined by the Secretary, in accordance with the purposes of this section.CommentsClose CommentsPermalink
(B) IMPACT AID SCHOOLS-CommentsClose CommentsPermalink
(i) IN GENERAL- From the funds appropriated to carry out this section, the Secretary shall reserve 2 percent to make payments and award grants to local educational agencies under section 8007 of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7707 ).CommentsClose CommentsPermalink(ii) CONSTRUCTION PAYMENTS AUTHORIZED-CommentsClose CommentsPermalink
(I) IN GENERAL- From 40 percent of the amount reserved under clause (i), the Secretary shall make payments in accordance with section 8007(a) of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7707(a) ), except that the amount of such payments shall be determined in accordance with subclause (II).CommentsClose CommentsPermalink(II) AMOUNT OF PAYMENTS- The Secretary shall make a payment to each local educational agency eligible for a payment under section 8007(a) of the Elementary and Secondary Education Act of 1965 (
20 U.S.C. 7707(a) ) in an amount that bears the same relationship to the funds made available under subclause (I) as the number of children determined under subparagraphs (B), (C), and (D)(i) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)(B) , (C), and (D)(i)) who were in average daily attendance in the local educational agency for the most recent year for which such information is available bears to the number of such children in all the local educational agencies eligible for a payment under section 8007(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(a) ).CommentsClose CommentsPermalink(iii) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS AUTHORIZED-CommentsClose CommentsPermalink
(I) IN GENERAL- From 60 percent of the amount reserved under clause (i), the Secretary--CommentsClose CommentsPermalink
(aa) shall award emergency grants in accordance with section 8007(b) of the Elementary and Secondary Education Act of 1965 (
(bb) may award modernization grants in accordance with section 8007(b) of the Elementary and Secondary Education Act of 1965 (
(II) PROVISIONS NOT TO APPLY- Paragraphs (2), (3), (4), (5)(A)(i), and (5)(A)(vi) of section 8007(b) of the Elementary and Secondary Education Act of 1965 (
(III) ELIGIBILITY- A local educational agency is eligible to receive a grant under this clause if the local educational agency--CommentsClose CommentsPermalink
(aa) is eligible to receive a payment under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 (
(bb) has--CommentsClose CommentsPermalink
(AA) a total taxable assessed value of real property that may be taxed for school purposes of less than $100,000,000; orCommentsClose CommentsPermalink
(BB) an assessed value of real property per student that may be taxed for school purposes that is less than the average of the assessed value of real property per student that may be taxed for school purposes in the State in which the local educational agency is located.CommentsClose CommentsPermalink
(IV) CRITERIA FOR GRANTS- In awarding grants under this clause, the Secretary shall consider the following criteria:CommentsClose CommentsPermalink
(aa) Whether the facility poses a health or safety threat to students and school personnel, including noncompliance with building codes and inaccessibility for persons with disabilities, or whether the existing building capacity meets the needs of the current enrollment and supports the provision of comprehensive educational services to meet current standards in the State in which the local educational agency is located.CommentsClose CommentsPermalink
(bb) The extent to which the new design and proposed construction utilize energy efficient and recyclable materials.CommentsClose CommentsPermalink
(cc) The extent to which the new design and proposed construction utilizes non-traditional or alternative building methods to expedite construction and project completion and maximize cost efficiency.CommentsClose CommentsPermalink
(dd) The feasibility of project completion within 24 months from award.CommentsClose CommentsPermalink
(ee) The availability of other resources for the proposed project.CommentsClose CommentsPermalink
(C) ADMINISTRATION AND OVERSIGHT- The Secretary may, in addition, reserve up to $5,000,000 of the amount appropriated to carry out this section for administration and oversight of this section.CommentsClose CommentsPermalink
(2) ALLOCATION TO STATE EDUCATIONAL AGENCIES-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), after making the reservations described in paragraph (1), from the remainder of the appropriated funds described in paragraph (1), the Secretary shall allocate to each State educational agency serving a State an amount that bears the same relation to the remainder as the amount the State received under part A of title I of the Elementary and Secondary Education Act of 1965 (
(B) MINIMUM AMOUNT- No State educational agency shall receive less than 0.5 percent of the amount allocated under this paragraph.CommentsClose CommentsPermalink
(3) SPECIAL RULE- The Secretary shall make and distribute the reservations and allocations described in paragraphs (1) and (2) not later than 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Within-State Allotments-CommentsClose CommentsPermalink
(1) ADMINISTRATIVE COSTS-CommentsClose CommentsPermalink
(A) STATE EDUCATIONAL AGENCY ADMINISTRATION- Except as provided in subparagraph (C), each State educational agency may reserve not more than 1 percent of its allocation under subsection (a)(2) or $2,000,000, whichever is less, for the purpose of administering the distribution of grants under this subsection.CommentsClose CommentsPermalink
(B) REQUIRED USES- Each State educational agency shall use a portion of the reserved funds under subparagraph (A) to establish or support a State-level database of public school facility inventory, condition, design, and utilization.CommentsClose CommentsPermalink
(C) STATE ENTITY ADMINISTRATION- If a State educational agency transfers funds to a State entity described in paragraph (3)(A)(ii), the State educational agency shall transfer to such entity 0.75 percent of the amount reserved under subparagraph (A) for the purpose of administering the distribution of grants under this subsection.CommentsClose CommentsPermalink
(2) ALLOTMENTS TO THE LOCAL EDUCATIONAL AGENCIES WITH THE MOST POOR CHILDREN-CommentsClose CommentsPermalink
(A) IN GENERAL-CommentsClose CommentsPermalink
(i) ELIGIBLE LOCAL EDUCATIONAL AGENCY- In this subparagraph, the term ‘eligible local educational agency’ means a local educational agency that is 1 of the 100 local educational agencies in the United States that serve the most students who are poor children.CommentsClose CommentsPermalink
(ii) ALLOTMENT- Not later than 60 days after the date a State educational agency receives an allocation from the Secretary under this section, the State educational agency shall allot to each eligible local educational agency in the State an amount determined under clause (iii) to be used consistent with subsection (c) for school repair, renovation, and construction.CommentsClose CommentsPermalink
(iii) DETERMINATION OF AMOUNT- An allotment under this subparagraph to an eligible local educational agency shall be in an amount that bears the same relation to the amount allocated to the State under this section and not reserved under paragraph (1), as the amount of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (
(B) NO ELIGIBILITY FOR COMPETITIVE GRANTS- No local educational agency receiving funding under subparagraph (A) shall be eligible for funding under paragraph (3).CommentsClose CommentsPermalink
(C) PRIORITY IN FUNDING GREEN PROJECTS- A local educational agency that receives funding under subparagraph (A) shall give priority to funding school repair, renovation, or construction projects that are certified, verified, or consistent with any applicable provisions of--CommentsClose CommentsPermalink
(i) the LEED Green Building Rating System;CommentsClose CommentsPermalink
(ii) Energy Star;CommentsClose CommentsPermalink
(iii) the CHPS Criteria;CommentsClose CommentsPermalink
(iv) Green Globes; orCommentsClose CommentsPermalink
(v) an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency.CommentsClose CommentsPermalink
(3) RESERVATION FOR COMPETITIVE SCHOOL RENOVATION, REPAIR, AND CONSTRUCTION GRANTS TO LOCAL EDUCATIONAL AGENCIES-CommentsClose CommentsPermalink
(A) IN GENERAL- After making the reservation described in paragraph (1), from the remainder of the funds allocated to a State educational agency under this section, the State educational agency shall--CommentsClose CommentsPermalink
(i) award grants to local educational agencies to be used, consistent with subsection (c), for school renovation, repair, and construction; orCommentsClose CommentsPermalink
(ii) if such State educational agency is not responsible for the financing of education facilities, transfer such funds to the State entity responsible for the financing of education facilities (referred to in this section as the ‘State entity’) to award grants to local educational agencies to be used as described in clause (i).CommentsClose CommentsPermalink
(B) COMPETITIVE GRANTS TO LOCAL EDUCATIONAL AGENCIES- The State educational agency or State entity shall carry out a program awarding grants, on a competitive basis, to local educational agencies for the purpose described in subparagraph (A). Of the total amount allocated to the State under this section and not reserved under paragraph (1), the State educational agency or State entity, shall carry out the following:CommentsClose CommentsPermalink
(i) Award to high-need local educational agencies, in the aggregate, not less than an amount which bears the same relationship to such total amount as the aggregate amount such high-need local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 (
(ii) Award to rural local educational agencies, in the aggregate, not less than an amount which bears the same relationship to such total amount as the aggregate amount such rural local educational agencies received under such part for fiscal year 2008 bears to the aggregate amount received for such fiscal year under such part by all local educational agencies in the State.CommentsClose CommentsPermalink
(iii) Award the remaining funds to local educational agencies not receiving an award under clause (i) or (ii), including high-need local educational agencies and rural local educational agencies that did not receive such an award.CommentsClose CommentsPermalink
(C) CRITERIA FOR AWARDING COMPETITIVE GRANTS- In awarding competitive grants under this paragraph, a State educational agency or State entity shall take into account the following criteria:CommentsClose CommentsPermalink
(i) PERCENTAGE OF POOR CHILDREN- The percentage of poor children in a local educational agency.CommentsClose CommentsPermalink
(ii) NEED FOR SCHOOL RENOVATION, REPAIR, AND CONSTRUCTION- The need of a local educational agency for school renovation, repair, and construction, as demonstrated by the condition of the public school facilities of the local educational agency.CommentsClose CommentsPermalink
(iii) GREEN SCHOOLS- The extent to which the local educational agency will make use of green practices that are certified, verified, or consistent with any applicable provisions of--CommentsClose CommentsPermalink
(I) the LEED Green Building Rating System;CommentsClose CommentsPermalink
(II) Energy Star;CommentsClose CommentsPermalink
(III) the CHPS Criteria;CommentsClose CommentsPermalink
(IV) Green Globes; orCommentsClose CommentsPermalink
(V) an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency.CommentsClose CommentsPermalink
(iv) CAPABILITY TO IMPLEMENT PROJECTS EXPEDITIOUSLY- The capability of the local educational agency to implement school renovation, repair, or construction projects expeditiously.CommentsClose CommentsPermalink
(v) FISCAL CAPACITY- The fiscal capacity of a local educational agency to meet the needs of the local educational agency for renovation, repair, and construction of public school facilities without assistance under this section, including the ability of the local educational agency to raise funds through the use of local bonding capacity and otherwise.CommentsClose CommentsPermalink
(vi) LIKELIHOOD OF MAINTAINING THE FACILITY- The likelihood that the local educational agency will maintain, in good condition, any facility whose renovation, repair, or construction is assisted under this section.CommentsClose CommentsPermalink
(vii) CHARTER SCHOOL ACCESS TO FUNDING- In the case of a local educational agency that proposes to fund a renovation, repair, or construction project for a charter school, the extent to which the school has access to funding for the project through the financing methods available to other public schools or local educational agencies in the State.CommentsClose CommentsPermalink
(D) POSSIBLE MATCHING REQUIREMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- A State educational agency or State entity may require local educational agencies to match competitive grant funds awarded under this section.CommentsClose CommentsPermalink
(ii) MATCH AMOUNT- The amount of a match described in clause (i) may be established by using a sliding scale that takes into account the relative poverty of the population served by the local educational agency.CommentsClose CommentsPermalink
(c) Rules Applicable to School Renovation, Repair, and Construction- With respect to funds made available under this section that are used for school renovation, repair, and construction, the following rules shall apply:CommentsClose CommentsPermalink
(1) PERMISSIBLE USES OF FUNDS- School renovation, repair, and construction shall be limited to 1 or more of the following:CommentsClose CommentsPermalink
(A) Upgrade, repair, construct, or replace existing or planned public school building systems and components to improve the quality of education and ensure the health and safety of students and staff, including--CommentsClose CommentsPermalink
(i) repairing, replacing, or constructing early learning facilities (including renovation of existing facilities to serve children under 5 years of age);CommentsClose CommentsPermalink
(ii) repairing, replacing, or installing roofs, windows, doors, electrical wiring, plumbing systems, or sewage systems;CommentsClose CommentsPermalink
(iii) repairing, replacing, or installing heating, ventilation, or air conditioning systems (including insulation); andCommentsClose CommentsPermalink
(iv) bringing public schools into compliance with fire and safety codes.CommentsClose CommentsPermalink
(B) Modifications necessary to reduce the consumption of electricity, natural gas, oil, water, coal, or land.CommentsClose CommentsPermalink
(C) Modifications necessary to make public school facilities accessible to comply with the Americans with Disabilities Act of 1990 (
(D) Improve environmental conditions of school sites, including asbestos abatement or removal, and the reduction or elimination of human exposure to lead-based paint, mold, or mildew.CommentsClose CommentsPermalink
(E) Upgrade or install educational technology infrastructure to ensure that students have access to up-to-date educational technology.CommentsClose CommentsPermalink
(F) Broaden or improve the use of school buildings and grounds to the community to improve educational outcomes.CommentsClose CommentsPermalink
(2) IMPERMISSIBLE USES OF FUNDS- No funds received under this section may be used for--CommentsClose CommentsPermalink
(A) payment of maintenance costs in connection with any projects constructed in whole or part with Federal funds provided under this section;CommentsClose CommentsPermalink
(B) purchase or upgrade of vehicles;CommentsClose CommentsPermalink
(C) 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
(D) improvement or construction of stand-alone facilities whose purpose is not the education of children, including central office administration or operations or logistical support facilities; orCommentsClose CommentsPermalink
(E) purchase of information technology hardware, including computers, monitors, or printers.CommentsClose CommentsPermalink
(3) SUPPLEMENT, NOT SUPPLANT-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B) and excluding the uses described in paragraph (1)(C), a local educational agency shall use Federal funds received under this section only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for school renovation, repair, and construction.CommentsClose CommentsPermalink
(B) EXCEPTION- A local educational agency that is located in a State that is under a court order to finance school facilities shall not be subject to the requirement under subparagraph (A).CommentsClose CommentsPermalink
(d) Qualified Bidders; Competition- Each local educational agency that receives funds under this section shall ensure that, if the local educational agency carries out renovation, repair, or construction through a contract, any such contract process ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition.CommentsClose CommentsPermalink
(e) Reporting-CommentsClose CommentsPermalink
(1) LOCAL REPORTING- Each local educational agency receiving funds made available under this section shall submit a report to the State educational agency, at such time as the State educational agency may require describing the use of such funds for school renovation, repair, and construction, including the following:CommentsClose CommentsPermalink
(A) Type and description of work completed.CommentsClose CommentsPermalink
(B) The source of any non-federal funds used to complete the project.CommentsClose CommentsPermalink
(C) Person hours needed at various wage levels to complete the project.CommentsClose CommentsPermalink
(D) Anticipated energy or natural resource savings.CommentsClose CommentsPermalink
(2) STATE REPORTING- Each State educational agency receiving funds made available under this section shall submit to the Secretary, not later than December 31, 2010, a report on the use of funds received under subsection (a)(2) and made available to local educational agencies for school renovation, repair, and construction.CommentsClose CommentsPermalink
(f) Administrative Costs- Each local educational agency that receives funds under this section may reserve not more than 1 percent of the funds or $750,000, whichever amount is less, for the purpose of--CommentsClose CommentsPermalink
(1) administering school renovation, repair, and construction projects; andCommentsClose CommentsPermalink
(2) reporting under subsection (e).CommentsClose CommentsPermalink
(g) Reallocation- If a State educational agency does not apply for an allocation of funds under subsection (a)(2), or does not use its entire allocation, then the Secretary may reallocate the amount of the State educational agency’s allocation (or the remainder thereof, as the case may be) to the remaining State educational agencies in accordance with subsection (a)(2).CommentsClose CommentsPermalink
(h) 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 (
(i) Definitions- In this section:CommentsClose CommentsPermalink
(1) IN GENERAL- The terms ‘local educational agency’, ‘Secretary’, and ‘State educational agency’ have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (
(2) CHARTER SCHOOL- The term ‘charter school’ has the meaning given the term in section 5210 of the Elementary and Secondary Education Act of 1965 (
(3) CHPS CRITERIA- The term ‘CHPS Criteria’ means the green building rating program developed by the Collaborative for High Performance Schools.CommentsClose CommentsPermalink
(4) ENERGY STAR- The term ‘Energy Star’ means the Energy Star program of the Department of Energy and the Environmental Protection Agency.CommentsClose CommentsPermalink
(5) GREEN GLOBES- The term ‘Green Globes’ means the Green Building Initiative environmental design and rating system.CommentsClose CommentsPermalink
(6) HIGH-NEED LOCAL EDUCATIONAL AGENCY- The term ‘high-need local educational agency’ has the meaning given the term in section 2102(3)(A) of the Elementary and Secondary Education Act of 1965 (
(7) 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.CommentsClose CommentsPermalink
(8) OUTLYING AREA- The term ‘outlying area’ has the meaning given the term in section 1121(c) of the Elementary and Secondary Education Act of 1965 (
(9) POOR CHILDREN- The term ‘poor children’ refers to children 5 to 17 years of age, inclusive, who are from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (
(10) RURAL LOCAL EDUCATIONAL AGENCY- The term ‘rural local educational agency’ means a local educational agency that the State determines is located in a rural area using objective data and a commonly employed definition of the term ‘rural’.CommentsClose CommentsPermalink
(11) STATE- The term ‘State’ means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink
(TRANSFER OF FUNDS)
SEC. 805. (a) Not more than 1 percent of the funds made available to the Department of Labor in this title may be transferred by the Secretary of Labor to ‘Employment and Training Administration--Program Administration’, ‘Employment Standards Administration--Salaries and Expenses’, ‘Occupational Safety and Health Administration--Salaries and Expenses’ and ‘Departmental Management--Salaries and Expenses’ for expenses necessary to administer and coordinate funds made available to the Department of Labor in this title; oversee and evaluate the use of such funds; and enforce applicable laws and regulations governing worker rights and protections associated with the funds made available in this Act.CommentsClose CommentsPermalink
(b) Not later than 10 days prior to obligating any funds proposed to be transferred under subsection (a), the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate an operating plan describing the planned uses of each amount proposed to be transferred.CommentsClose CommentsPermalink
(c) Funds transferred under this section may be available for obligation through September 30, 2010.CommentsClose CommentsPermalink
SEC. 806. 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
TITLE IX--LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABLIITY OFFICE
Salaries and Expenses
For an additional amount for ‘Salaries and Expenses’ of the Government Accountability Office, $20,000,000, to remain available until September 30, 2010.CommentsClose CommentsPermalink
GENERAL PROVISIONS--THIS TITLE
SEC. 901. GOVERNMENT ACCOUNTABILITY OFFICE REVIEWS AND REPORTS. (a) Reviews and Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- The Comptroller General shall conduct bimonthly reviews and prepare reports on such reviews on the use by selected State and localities of funds made available in this Act. Such reports, along with any audits conducted by the Comptroller General of such funds, shall be posted on the Internet and linked to the website established under this Act by the Recovery Accountability and Transparency Board.CommentsClose CommentsPermalink
(2) REDACTIONS- Any portion of a report or audit under this subsection may be redacted when made publicly available, if that portion would disclose information that is not subject to disclosure under
(b) Examination of Records- The Comptroller General may examine any records related to obligations of funds made available in this Act.CommentsClose CommentsPermalink
SEC. 902. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE. Each contract awarded using funds made available in this Act shall provide that the Comptroller General and his representatives are authorized--CommentsClose CommentsPermalink
(1) to examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; andCommentsClose CommentsPermalink
(2) to interview any current employee regarding such transactions.CommentsClose CommentsPermalink
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ‘Military Construction, Army’, $637,875,000, to remain available until September 30, 2013, of which $84,100,000 shall be for child development centers; $481,000,000 shall be for warrior transition complexes; and $42,400,000 shall be for health and dental clinics (including acquisition, construction, installation, and equipment): Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $30,375,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink
Military Construction, Navy and Marine Corps
For an additional amount for ‘Military Construction, Navy and Marine Corps’, $990,092,000, to remain available until September 30, 2013, of which $172,820,000 shall be for child development centers; $174,304,000 shall be for barracks; $125,000,000 shall be for health clinic replacement, and $494,362,000 shall be for energy conservation and alternative energy projects (including acquisition, construction, installation, and equipment): Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $23,606,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Navy shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink
Military Construction, Air Force
For an additional amount for ‘Military Construction, Air Force’, $871,332,000, to remain available until September 30, 2013, of which $80,100,000 shall be for child development centers; $612,246,000 shall be for dormitories; and $138,100,000 shall be for health clinics (including acquisition, construction, installation, and equipment): Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $40,886,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Air Force shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink
Military Construction, Defense-Wide
For an additional amount for ‘Military Construction, Defense-Wide’, $118,560,000 for the Energy Conservation Investment Program, to remain available until September 30, 2010: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink
Military Construction, Army National Guard
For an additional amount for ‘Military Construction, Army National Guard’, $150,000,000 for readiness centers (including construction, acquisition, expansion, rehabilitation, and conversion), to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Director of the Army National Guard shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink
Military Construction, Air National Guard
For an additional amount for ‘Military Construction, Air National Guard’, $110,000,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Director of the Air National Guard shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink
Family Housing Construction, Army
For an additional amount for ‘Family Housing Construction, Army’, $34,570,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink
Family Housing Operation and Maintenance, Army
For an additional amount for ‘Family Housing Operation and Maintenance, Army’, $3,932,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended for operation and maintenance and minor construction projects in the United States not otherwise authorized by law.CommentsClose CommentsPermalink
Family Housing Construction, Air Force
For an additional amount for ‘Family Housing Construction, Air Force’, $80,100,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of the Air Force shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.CommentsClose CommentsPermalink
Family Housing Operation and Maintenance, Air Force
For an additional amount for ‘Family Housing Operation and Maintenance, Air Force’, $16,461,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended for operation and maintenance and minor construction projects in the United States not otherwise authorized by law.CommentsClose CommentsPermalink
Homeowners Assistance Fund
For an additional amount for ‘Homeowners Assistance Fund’, established by section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966, as amended (
Administrative Provision
Sec. 1001. (a) Temporary Expansion of Homeowners Assistance Plan to Respond to Mortgage Foreclosure and Credit Crisis- Section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by redesignating paragraphs (1), (2), and (3) as clauses (i), (ii), and (iii), respectively, and indenting such subparagraphs, as so redesignated, 6 ems from the left margin;CommentsClose CommentsPermalink
(B) by striking ‘Notwithstanding any other provision of law’ and inserting the following:CommentsClose CommentsPermalink
‘(1) ACQUISITION OF PROPERTY AT OR NEAR MILITARY INSTALLATIONS THAT HAVE BEEN ORDERED TO BE CLOSED- Notwithstanding any other provision of law’;CommentsClose CommentsPermalink
(C) by striking ‘if he determines’ and inserting ‘if--CommentsClose CommentsPermalink
‘(A) the Secretary determines--’;CommentsClose CommentsPermalink
(D) in clause (iii), as redesignated by subparagraph (A), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(E) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) the Secretary determines--CommentsClose CommentsPermalink
‘(i) that the conditions in clauses (i) and (ii) of subparagraph (A) have been met;CommentsClose CommentsPermalink
‘(ii) that the closing or realignment of the base or installation resulted from a realignment or closure carried out under the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act of 1990 (part XXIX of
Public Law 101-510 ;10 U.S.C. 2687 note);CommentsClose CommentsPermalink‘(iii) that the property was purchased by the owner before July 1, 2006;CommentsClose CommentsPermalink
‘(iv) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary;CommentsClose CommentsPermalink
‘(v) that the property is the primary residence of the owner; andCommentsClose CommentsPermalink
‘(vi) that the owner has not previously received benefit payments authorized under this subsection.CommentsClose CommentsPermalink
‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED MEMBERS OF THE ARMED FORCES, DEPARTMENT OF DEFENSE AND UNITED STATES COAST GUARD CIVILIAN EMPLOYEES, AND THEIR SPOUSES- Notwithstanding any other provision of law, the Secretary of Defense is authorized to acquire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling which was at the time of the relevant wound, injury, or illness, the primary residence of--CommentsClose CommentsPermalink
‘(A) any member of the Armed Forces in medical transition who--CommentsClose CommentsPermalink
‘(i) incurred a wound, injury, or illness in the line of duty during a deployment in support of the Armed Forces;CommentsClose CommentsPermalink
‘(ii) is disabled to a degree of 30 percent or more as a result of such wound, injury, or illness, as determined by the Secretary of Defense or the Secretary of Veterans Affairs; andCommentsClose CommentsPermalink
‘(iii) is reassigned in furtherance of medical treatment or rehabilitation, or due to medical retirement in connection with such disability;CommentsClose CommentsPermalink
‘(B) any civilian employee of the Department of Defense or the United States Coast Guard who--CommentsClose CommentsPermalink
‘(i) was wounded, injured, or became ill in the line of duty during a forward deployment in support of the Armed Forces; andCommentsClose CommentsPermalink
‘(ii) is reassigned in furtherance of medical treatment, rehabilitation, or due to medical retirement resulting from the sustained disability; orCommentsClose CommentsPermalink
‘(C) the spouse of a member of the Armed Forces or a civilian employee of the Department of Defense or the United States Coast Guard if--CommentsClose CommentsPermalink
‘(i) the member or employee was killed in the line of duty during a deployment in support of the Armed Forces or died from a wound, injury, or illness incurred in the line of duty during such a deployment; andCommentsClose CommentsPermalink
‘(ii) the spouse relocates from such residence within 2 years after the death of such member or employee.CommentsClose CommentsPermalink
‘(3) TEMPORARY HOMEOWNER ASSISTANCE FOR MEMBERS OF THE ARMED FORCES PERMANENTLY REASSIGNED DURING SPECIFIED MORTGAGE CRISIS- Notwithstanding any other provision of law, the Secretary of Defense is authorized to acquire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling situated at or near a military base or installation, if the Secretary determines--CommentsClose CommentsPermalink
‘(A) that the owner is a member of the Armed Forces serving on permanent assignment;CommentsClose CommentsPermalink
‘(B) that the owner is permanently reassigned by order of the United States Government to a duty station or home port outside a 50-mile radius of the base or installation;CommentsClose CommentsPermalink
‘(C) that the reassignment was ordered between February 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary;CommentsClose CommentsPermalink
‘(D) that the property was purchased by the owner before July 1, 2006;CommentsClose CommentsPermalink
‘(E) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary;CommentsClose CommentsPermalink
‘(F) that the property is the primary residence of the owner; andCommentsClose CommentsPermalink
‘(G) that the owner has not previously received benefit payments authorized under this subsection.’;CommentsClose CommentsPermalink
(2) in subsection (b), by striking ‘this section’ each place it appears and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking ‘Such persons’ and inserting the following:CommentsClose CommentsPermalink
‘(1) HOMEOWNER ASSISTANCE RELATED TO CLOSED MILITARY INSTALLATIONS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Such persons’;CommentsClose CommentsPermalink
(B) by striking ‘set forth above shall elect either (1) to receive’ and inserting the following: ‘set forth in subsection (a)(1) shall elect either--CommentsClose CommentsPermalink
‘(i) to receive’;CommentsClose CommentsPermalink
(C) by striking ‘difference between (A) 95 per centum’ and all that follows through ‘(B) the fair market value’ and inserting the following: ‘difference between--CommentsClose CommentsPermalink
‘(I) 95 per centum of the fair market value of their property (as such value is determined by the Secretary of Defense) prior to public announcement of intention to close all or part of the military base or installation; andCommentsClose CommentsPermalink
‘(II) the fair market value’;CommentsClose CommentsPermalink
(D) by striking ‘time of the sale, or (2) to receive’ and inserting the following: ‘time of the sale; orCommentsClose CommentsPermalink
‘(ii) to receive’;CommentsClose CommentsPermalink
(E) by striking ‘outstanding mortgages. The Secretary may also pay a person who elects to receive a cash payment under clause (1) of the preceding sentence an amount’ and inserting ‘outstanding mortgages.CommentsClose CommentsPermalink
‘(B) REIMBURSEMENT OF EXPENSES- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount’; andCommentsClose CommentsPermalink
(F) by striking ‘best interest of the Federal Government. Cash payment’ and inserting the following: ‘best interest of the United States.CommentsClose CommentsPermalink
‘(2) HOMEOWNER ASSISTANCE FOR WOUNDED INDIVIDUALS AND THEIR SPOUSES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Persons eligible under the criteria set forth in subsection (a)(2) may elect either--CommentsClose CommentsPermalink
‘(i) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference between--CommentsClose CommentsPermalink
‘(I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); andCommentsClose CommentsPermalink
‘(II) the fair market value of such property (as such value is so determined) at the time of the wound, injury, or illness qualifying the individual for benefits under subsection (a)(2); orCommentsClose CommentsPermalink
‘(ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages.CommentsClose CommentsPermalink
‘(B) DETERMINATION OF BENEFITS- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States.CommentsClose CommentsPermalink
‘(3) HOMEOWNER ASSISTANCE FOR PERMANENTLY REASSIGNED INDIVIDUALS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Persons eligible under the criteria set forth in subsection (a)(3) may elect either--CommentsClose CommentsPermalink
‘(i) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference between--CommentsClose CommentsPermalink
‘(I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); andCommentsClose CommentsPermalink
‘(II) the fair market value of such property (as such value is so determined) at the time the person received change of permanent station orders; orCommentsClose CommentsPermalink
‘(ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages.CommentsClose CommentsPermalink
‘(B) DETERMINATION OF BENEFITS- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States.CommentsClose CommentsPermalink
‘(4) COMPENSATION AND LIMITATIONS RELATED TO FORECLOSURES AND ENCUMBRANCES- Cash payment’;CommentsClose CommentsPermalink
(4) by striking subsection (g);CommentsClose CommentsPermalink
(5) in subsection (l), by striking ‘(a)(2)’ and inserting ‘(a)(1)(A)(ii)’;CommentsClose CommentsPermalink
(6) in subsection (m), by striking ‘this section’ and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink
(7) in subsection (n)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘this section’ and inserting ‘subsection (a)(1)’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘this section’ and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink
(8) in subsection (o)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘this section’ and inserting ‘subsection (a)(1)’;CommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘this section’ and inserting ‘subsection (a)(1)’; andCommentsClose CommentsPermalink
(C) by striking paragraph (4); andCommentsClose CommentsPermalink
(9) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(p) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) the term ‘Armed Forces’ has the meaning given the term ‘armed forces’ in
section 101(a) of title 10, United States Code ;CommentsClose CommentsPermalink‘(2) the term ‘civilian employee’ has the meaning given the term ‘employee’ in
section 2105(a) of title 5, United States Code ;