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House A pprops Cmtte

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1 1 1TH CONGRESS1ST SESSION H. R.

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Mak ing supplemental appropriations f or job preservation and creation, inf ra-structure investment, energy ef f iciency and science, assistance to theunemployed, and State and local f iscal stabilization, f or the f iscal yearendingSeptember 30 , 2 0 0 9 , andf or other purposes.

IN THE HOUSE OF REPRESENTA TIVES

Mr. OBEY , f romthe Committee on A ppropriations, reported the f ollowing bill;which was committed to the Committee of the Whole House on the Stateof the Unionandorderedtobe printed

A BILL Mak ing supplemental appropriations f or job preservation and

creation, inf rastructure investment, energy ef f iciency and

science, assistance to the unemployed, and State and

local f iscal stabilization, f or the f iscal year ending Sep-

tember 30 , 2 0 09 , andf or other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE.3

This A ct may be cited as the A merican Recovery4

andReinvestment A ct of 2 0 0 9 .5

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SEC. 2. TABLE OF CONTENTS.1

Thetableof contents f or this A ct is as f ollows:2

TITLEI GENERA L PROVISIONS

TITLEII A GRICULTURE, NUTRITION, A ND RURA L DEVELOPMENT

TITLEIII COMMERCE, JUSTICE, A ND SCIENCETITLEIV DEFENSE

TITLEV ENERGY A ND WA TER

TITLEVI FINA NCIA L SERVICES A ND GENERA L GOVERNMENT

TITLEVII HOMELA ND SECURITY

TITLEVIII INTERIOR A ND ENVIRONMENT

TITLE IX LABOR, HEA LTH A ND HUMA N SERVICES, A ND EDU-

CA TION

TITLEX MILITA RY CONSTRUCTION A ND VETERA NS A FFA IRS

TITLEXI DEPA RTMENT OFSTA TE

TITLEXII TRA NSPORTA TION, A ND HOUSINGA ND URBA N DEVEL-

OPMENT

TITLEXIII STA TEFISCA L STA BILIZA TION FUND

SEC. 3. STATEMENT OF APPROPRIATIONS.3

The f ollowingsums inthis A ct are appropriated, out4

of anymoneyinthe Treasurynot otherwise appropriated,5

f or the f iscal year ending September 30 , 2 0 0 9 , and f or6

other purposes.7

TITLE I—GENERAL PROVISIONS8

Subtitle A—Use of Funds9

SEC. 1101. PURPOSES AND PRINCIPLES.10

(a) S TA TEMENT OF PURPOSES . The purposes of 11

this A ct includethef ollowing:12

(1 ) To preserve and create jobs and promote13

economic recovery.14

(2 ) Toassist those most impacted by the reces-15

sion.16



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(3) To provide investments needed to increase1

economic ef f iciency by spurring technological ad-2

vances inscience andhealth.3

(4) To invest in transportation, environmental4

protection, and other inf rastructure that will provide5

long- termeconomic benef its.6

(5 ) To stabilize State and local government7

budgets, in order to minimize and avoid reductions8

in essential services and counterproductive state and9

local taxincreases.10

(b) G ENERA L PRINCIPLES CONCERNING USE OF 11

F UNDS . The President andthe heads of Federal depart-12

ments and agencies shall manage and expend the f unds13

made available in this A ct so as to achieve the purposes14

specif iedinsubsection(a), includingcommencingexpendi-15

tures and activities as quick ly as possible consistent with16

prudent management.17

SEC. 1102. PREFERENCE FOR QUICK-START ACTIVITIES.18

In using f unds made available in this A ct f or inf ra-19

structure investment, recipients shall give pref erence to20

activities that canbe startedandcompletedexpeditiously,21

includinga goal of usingat least 5 0 percent of the f unds22

f or activities that canbe initiatednot later than 1 2 0 days23

af ter the date of the enactment of this A ct. Recipients24



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shall also use grant f unds in a manner that maximizes1

jobcreationandeconomicbenef it.2

SEC. 1103. REQUIREMENT OF TIMELY AWARD OF GRANTS.3

(a) F ORMULA GRA NTS . Formulagrants usingf unds4

made available inthis A ct shall be awardednot later than5

30 days af ter the date of the enactment of this A ct (or,6

in the case of appropriations not available upon enact-7

ment, not later than30 days af ter the appropriation be-8

comes available f or obligation), unless expressly provided9

otherwiseinthis A ct.10

(b) C OMPETITIVE GRA NTS . Competitive grants11

using f unds made available in this A ct shall be awarded12

not later than 9 0 days af ter the date of the enactment13

of this A ct (or, inthe case of appropriations not available14

upon enactment, not later than 9 0 days af ter the appro-15

priationbecomes available f or obligation), unless expressly16

providedotherwiseinthis A ct.17

(c) A DDITIONA L PERIOD FOR NEW PROGRA MS . The18

time limits specif ied in subsections (a) and (b) may each19

be extended by up to 30 days in the case of grants f or20

whichf undingwas not providedinf iscal year 2 0 0 8 .21

SEC. 1104. USE IT OR LOSE IT REQUIREMENTS FOR GRANT-22

EES.23

(a) D EA DLINEFOR BINDING COMMITMENTS . Each24

recipient of a grant made using amounts made available25



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in this A ct in any account listed in subsection (c) shall1

enter into contracts or other binding commitments not2

later than 1 year af ter the date of the enactment of this3

A ct (or not later than9 months af ter the grant is award-4

ed, if later) tomak e useof 5 0 percent of the f unds award-5

ed, andshall enter intocontracts or other bindingcommit-6

ments not later than 2 years af ter the date of the enact-7

ment of this A ct (or not later than 2 1 months af ter the8

grant is awarded, if later) to mak e use of the remaining9

f unds. In the case of activities to be carried out directly10

bya grant recipient (rather thanbycontracts, subgrants,11

or other arrangements with third parties), a certif ication12

by the recipient specif ying the amounts, planned timing,13

andpurpose of suchexpenditures shall be deemeda bind-14

ingcommitment f or purposes of this section.15

(b) R EDISTRIBUTION OF UNCOMMITTED F UNDS . 16

The head of the Federal department or agency involved17

shall recover or deobligate anygrant f unds not committed18

in accordance with subsection (a), and redistribute such19

f unds toother recipients eligible under the grant program20

and able to mak e use of such f unds in a timely manner21

(includingbindingcommitments within 1 2 0 days af ter the22

reallocation).23

(c) A PPROPRIA TIONS TO WHICH THIS SECTION AP-24

PLIES . This section shall apply to grants made using25



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amounts appropriated in any of the f ollowing accounts1

withinthis A ct:2

(1 ) Environmental Protection A gency State3

andTribal A ssistance Grants .4

(2 ) Department of Transportation Federal5

A viation A dministration Grants- in- A id f or A ir-6

ports .7

(3) Department of Transportation Federal8

Railroad A dministration Capital A ssistance f or9

IntercityPassenger Rail Service .10

(4) Department of Transportation Federal11

Transit A dministration Capital Investment12

Grants .13


Transit A dministration Fixed Guideway Inf ra-15

structure Investment .16


Transit A dministration Transit Capital A ssist-18

ance .19

(7 ) Department of Housing and Urban Devel-20

opment Public and Indian Housing Public Hous-21

ingCapital Fund .22


opment Public and Indian Housing Elderly, Dis-24



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abled, and Section 8 A ssisted Housing Energy Ret-1

rof it .2


opment Public and Indian Housing Native A mer-4

icanHousingBlockGrants .5

(1 0 ) Department of Housing and Urban De-6

velopment Community Planning and Develop-7

ment HOMEInvestment Partnerships Program .8

(1 1 ) Department of Housing and Urban De-9

velopment Community Planning and Develop-10

ment Self - Help and A ssisted Homeownership Op-11

portunityProgram .12

SEC. 1105. PERIOD OF AVAILABILITY.13

(a) I N GENERA L . A ll f unds appropriatedinthis A ct14

shall remain available f or obligation until September 30 ,15

2 0 1 0 , unless expresslyprovidedotherwiseinthis A ct.16

(b) R EOBLIGA TION . A mounts that are not needed17

or cannot be usedf or the activityf or whichoriginallyobli-18

gatedmaybedeobligatedand, notwithstandingthe limita-19

tiononavailabilityspecif ied insubsection(a), reobligated20

f or other activities that have received f unding f romthe21

sameaccount or appropriationinthis A ct.22

SEC. 1106. SET-ASIDE FOR MANAGEMENT AND OVERSIGHT.23

Unless other provisionis madeinthis A ct (or inother24

applicable law) f or such expenses, up to 0 . 5 percent of 25



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eachamount appropriatedinthis A ct maybe usedf or the1

expenses of management and oversight of the programs,2

grants, and activities f unded by such appropriation, and3

maybe transf erredbytheheadof theFederal department4

or agencyinvolvedtoanyother appropriateaccount within5

the department or agency f or that purpose. Funds set6

aside under this section shall remain available f or obliga-7

tionuntil September 30 , 2 0 1 2 .8

SEC. 1107. APPROPRIATIONS FOR INSPECTORS GENERAL.9

Inadditiontof unds otherwise made available in this10

A ct, there are hereby appropriated the f ollowing sums to11

thespecif iedOf f ices of Inspector General, toremainavail-12

able until September 30 , 2 0 1 3, f or oversight andaudit of 13

programs, grants, andpro jects f undedunder this A ct:14

(1 ) Department of A griculture Of f ice of In-15

spector General , $2 2 , 5 0 0 , 0 0 0 .16

(2 ) Department of Commerce Of f ice of In-17

spector General , $1 0 , 0 0 0 , 0 0 0 .18

(3) Department of Def ense Of f ice of the In-19

spector General , $1 5 , 0 0 0 , 0 0 0 .20

(4) Department of Education Departmental21

Management Of f ice of the Inspector General ,22

$1 4, 0 0 0 , 0 0 0 .23

(5 ) Department of Energy Of f ice of Inspec-24

tor General , $1 5 , 0 0 0 , 0 0 0 .25



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(6 ) Department of Health and Human Serv-1

ices Of f ice of the Secretary Of f ice of Inspector2

General , $1 9 , 0 0 0 , 0 0 0 .3

(7 ) Department of Homeland Security Of f ice4

of Inspector General , $2 , 0 0 0 , 0 0 0 .5


opment Management and A dministration Of f ice7

of Inspector General , $1 5 , 0 0 0 , 0 0 0 .8

(9 ) Department of the Interior Of f ice of In-9

spector General , $1 5 , 0 0 0 , 0 0 0 .10

(1 0 ) Department of Justice Of f ice of Inspec-11

tor General , $2 , 0 0 0 , 0 0 0 .12

(1 1 ) Department of Labor Departmental13

Management Of f ice of Inspector General ,14

$6 , 0 0 0 , 0 0 0 .15

(1 2 ) Department of Transportation Of f ice of 16

Inspector General , $2 0 , 0 0 0 , 0 0 0 .17

(1 3) Department of Veterans A f f airs Of f ice18

of Inspector General , $1 , 0 0 0 , 0 0 0 .19

(1 4 ) Environmental ProtectionA gency Of f ice20

of Inspector General , $2 0 , 0 0 0 , 0 0 0 .21

(1 5 ) General Services A dministration Gen-22

eral A ctivities Of f ice of Inspector General ,23

$1 5 , 0 0 0 , 0 0 0 .24



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(1 6 ) National A eronautics andSpace A dminis-1

tration Of f ice of Inspector General , $2 , 0 0 0 , 0 0 0 .2

(1 7 ) National Science Foundation Of f ice of 3

Inspector General , $2 , 0 0 0 , 0 0 0 .4

(1 8 ) Small Business A dministration Of f ice of 5

Inspector General , $1 0 , 0 0 0 , 0 0 0 .6

(1 9 ) Social Security A dministration Of f ice of 7

Inspector General , $2 , 0 0 0 , 0 0 0 .8

(2 0 ) Corporation f or National andCommunity9

Service Of f ice of Inspector General , $1 , 0 0 0 , 0 0 0 .10

SEC. 1108. APPROPRIATION FOR GOVERNMENT ACCOUNT-11

ABILITY OFFICE.12

Thereis herebyappropriatedas anadditional amount13

f or Government A ccountabilityOf f ice Salaries andEx-14

penses $2 5 , 0 0 0 , 0 0 0 , f or oversight activities relating to15

this A ct.16

SEC. 1109. PROHIBITED USES.17

None of the f unds appropriated or otherwise made18

available in this A ct may be used f or any casino or other19

gambling establishment, aquarium, zoo, golf course, or20

swimmingpool.21

SEC. 1110. RELATIONSHIP TO OTHER APPROPRIATIONS.22

Each amount appropriated or made available in this23

A ct is in addition to amounts otherwise appropriated f or24

the f iscal year involved. Enactment of this A ct shall have25



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no ef f ect on the availability of amounts under the Con-1

tinuing A ppropriations Resolution, 2 0 0 9 (division A of 2

PublicLaw1 1 0 - 32 9 ).3

SEC. 1111. EMERGENCY DESIGNATION.4

Each amount in this A ct is designated as an emer-5

gencyrequirement andnecessarytomeet emergencyneeds6

pursuant tosection2 0 4(a) of S. Con. Res. 2 1 (1 1 0 thCon-7

gress) and section 301 (b)(2 ) of S. Con. Res. 7 0 (1 1 0 th8

Congress), the concurrent resolutions on the budget f or9

f iscal years 2 0 0 8 and2 0 0 9 .10

Subtitle B—Accountability in11

Recovery Act Spending12

PART 1—TRANSPARENCY AND OVERSIGHT13

REQUIREMENTS14

SEC. 1201. TRANSPARENCY REQUIREMENTS.15

(a) R EQUIREMENTS FOR F EDERA L AGENCIES . 16

Each Federal agency shall publish on the website Recov-17

ery. gov (as established under section 1 2 2 6 of this sub-18

title)19

(1 ) a plan f or using f unds made available in20

this A ct tothe agency; and21

(2 ) all announcements f or grant competitions,22

allocations of f ormula grants, and awards of com-23

petitive grants usingthose f unds.24



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(b) R EQUIREMENTS FOR F EDERA L , STA TE , A ND 1

LOCA L GOVERNMENT AGENCIES . 2

(1 ) I NFRA STRUCTURE INVESTMENT FUND -3

ING . With respect to f unds made available under4

this A ct f or inf rastructure investments to Federal,5

State, or local government agencies, the f ollowingre-6

quirements apply:7

(A ) Eachsuchagencyshall notif y the pub-8

lic of f unds obligated to particular inf rastruc-9

ture investments by posting the notif ication on10

the website Recovery. gov.11

(B) The notif ication required by subpara-12

graph(A ) shall include the f ollowing:13

(i) A description of the inf rastructure14

investment f unded.15

(ii) The purpose of the inf rastructure16

investment.17

(iii) The total cost of the inf rastruc-18

ture investment.19

(iv) The rationale of the agency f or20

f unding the inf rastructure investment with21

f unds made available under this A ct.22

(v) The name of the person tocontact23

at the agency if there are concerns with24

the inf rastructure investment and, with re-25



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spect toFederal agencies, anemail address1

f or the Federal of f icial inthe agencywhom2

the public cancontact.3

(vi) In the case of State or local agen-4

cies, a certif ication f rom the Governor,5

mayor, or other chief executive, as appro-6

priate, that the inf rastructure investment7

has received the f ull reviewand vetting re-8

quired by lawand that the chief executive9

accepts responsibility that the inf rastruc-10

ture investment is an appropriate use of 11

taxpayer dollars. A State or local agency12

may not receive inf rastructure investment13

f unding f romf unds made available in this14

A ct unless this certif icationis made.15

(2 ) O PERA TIONA L FUNDING . With respect to16

f unds made available under this A ct in the f ormof 17

grants f or operational purposes toState or local gov-18

ernment agencies or other organizations, the agency19

or organization shall publish on the website Recov-20

ery. gov a description of the intended use of the21

f unds, includingthe number of jobs sustainedor cre-22

ated.23

(c) A VA ILA BILITY ON INTERNETOF CONTRA CTS A ND 24

GRA NTS . Each contract awarded or grant issued using25



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f unds made available in this A ct shall be posted on the1

Internet and link ed to the website Recovery. gov. Propri-2

etary data that is required to be k ept conf idential under3

applicable Federal or State lawor regulation shall be re-4

dactedbef oreposting.5

SEC. 1202. INSPECTOR GENERAL REVIEWS.6

(a) R EVIEWS . A ny inspector general of a Federal7

department or executive agency shall review, as appro-8

priate, any concerns raised by the public about specif ic9

investments using f unds made available in this A ct. A ny10

f indings of an inspector general resulting f romsucha re-11

viewshall be relayed immediately to the head of each de-12

partment andagency. Inaddition, the f indings of suchre-13

views, along with any audits conducted by any inspector14

general of f unds madeavailableinthis A ct, shall beposted15

on the Internet and link ed to the website Recovery. gov.16

(b) E XA MINA TION OF RECORDS . The Inspector17

General of the agencyconcernedmayexamine anyrecords18

related toobligations of f unds made available in this A ct.19

SEC. 1203. GOVERNMENT ACCOUNTABILITY OFFICE RE-20

VIEWS AND REPORTS.21

(a) R EVIEWS A ND REPORTS . The Comptroller Gen-22

eral of the United States shall conduct bimonthly reviews23

andpreparereports onsuchreviews ontheusebyselected24

States and localities of f unds made available in this A ct.25



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Such reports, along with any audits conducted by the1

Comptroller General of suchf unds, shall be postedonthe2

Internet andlink edtothewebsiteRecovery. gov.3

(b) E XA MINA TION OF RECORDS . The Comptroller4

General may examine any records related to obligations5

of f unds madeavailableinthis A ct.6

SEC. 1204. COUNCIL OF ECONOMIC ADVISERS REPORTS.7

The Chairman of the Council of Economic A dvisers,8

inconsultationwiththe Director of the Of f ice of Manage-9

ment andBudget andthe Secretaryof the Treasury, shall10

submit quarterly reports to Congress detailing the esti-11

matedimpact of programs under this A ct onemployment,12

economicgrowth, andother k eyeconomicindicators.13

SEC. 1205. SPECIAL CONTRACTING PROVISIONS.14

The Federal A cquisition Regulation shall apply to15

contracts awarded with f unds made available in this A ct.16

To the maximumextent possible, such contracts shall be17

awarded as f ixed- price contracts through the use of com-18

petitive procedures. Existingcontracts soawardedmaybe19

utilizedinorder toobligate suchf unds expeditiously. A ny20

contract awarded with such f unds that is not f ixed- price21

and not awarded using competitive procedures shall be22

posted in a special section of the website Recovery. gov.23



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PART 2—ACCOUNTABILITY AND TRANSPARENCY1

BOARD2

SEC. 1221. ESTABLISHMENT OF THE ACCOUNTABILITY AND3

TRANSPARENCY BOARD.4

There is establisheda boardtobe k nownas the Re-5

covery A ct A ccountability and Transparency Board 6

(hereaf ter in this subtitle ref erred to as the Board ) to7

coordinate and conduct oversight of Federal spending8

under this A ct toprevent waste, f raud, andabuse.9

SEC. 1222. COMPOSITION OF BOARD.10

(a) M EMBERSHIP . The Board shall be composed of 11

sevenmembers as f ollows:12

(1 ) The Chief Perf ormance Of f icer of the Presi-13

dent, whoshall chair the Board.14

(2 ) Six members designated by the President15

f romthe inspectors general and deputy secretaries16

of the Departments of Education, Energy, Health17

and Human Services, Transportation, and other18

Federal departments and agencies to which f unds19

are made available inthis A ct.20

(b) T ERMS . Each member of the Board shall serve21

f or atermtobedeterminedbythePresident.22

SEC. 1223. FUNCTIONS OF THE BOARD.23

(a) O VERSIGHT . The Board shall coordinate and24

conduct oversight of spending under this A ct to prevent25

waste, f raud, andabuse. Inadditiontoresponsibilities set26



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f orthinthis subtitle, theresponsibilities of theBoardshall1

includethef ollowing:2

(1 ) Ensuring that the reporting of inf ormation3

regarding contract and grants under this A ct meets4

applicable standards andspecif ies the purpose of the5

contract or grant andmeasures of perf ormance.6

(2 ) Verif ying that competition requirements ap-7

plicable to contracts and grants under this A ct and8

other applicable Federal lawhave beensatisf ied.9

(3) Investigatingspendingunder this A ct tode-10

termine whether wastef ul spending, poor contract or11

grant management, or other abuses are occurring.12

(4) Reviewing whether there are suf f icient13

qualif ied acquisition and grant personnel overseeing14

spendingunder the this A ct.15

(5 ) Reviewing whether acquisition and grant16

personnel receive adequate training and whether17

there are appropriate mechanisms f or interagency18

collaboration.19

(b) R EPORTS . 20

(1 ) F LA SHA ND OTHER REPORTS . The Board21

shall submit to Congress reports, to be k nown as22

f lash reports , on potential management and f und-23

ing problems that require immediate attention. The24

Board also shall submit to Congress such other re-25



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ports as the Board considers appropriate on the use1

andbenef its of f unds made available inthis A ct.2

(2 ) Q UA RTERLY . The Board shall submit to3

the President and Congress quarterly reports sum-4

marizing its f indings and the f indings of agency in-5

spectors general and may issue additional reports as6

appropriate.7

(3) A NNUA LLY . On an annual basis, the8

Boardshall prepare a consolidated report on the use9

of f unds under this A ct. A ll reports shall be publicly10

available andshall be posted on the Internet website11

Recovery. gov, except that portions of reports maybe12

redacted if the portions would disclose inf ormation13

that is protected f rompublic disclosure under sec-14

tion 5 5 2 of title 5 , United States Code (popularly15

k nownas the Freedomof Inf ormationA ct).16

(c) R ECOMMENDA TIONS TO AGENCIES . The Board17

shall mak e recommendations toFederal agencies onmeas-18

ures toprevent waste, f raud, andabuse. A Federal agency19

shall, within 30 days af ter receipt of any such rec-20

ommendation, submit totheBoard, thePresident, andthe21

congressional committees of jurisdiction a report on22

whether the agency agrees or disagrees with the rec-23

ommendations and what steps, if any, the agency plans24

totak etoimplement therecommendations.25



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SEC. 1224. POWERS OF THE BOARD.1

(a) C OORDINA TION OF AUDITS A ND INVESTIGA TIONS 2

BY AGENCY INSPECTORS GENERA L . The Boardshall co-3

ordinate the audits and investigations of spending under4

this A ct byagencyinspectors general.5

(b) C ONDUCT OF REVIEWS BY BOA RD . The Board6

mayconduct reviews of spendingunder this A ct andmay7

collaborateonsuchreviews withanyinspector general.8

(c) M EETINGS . The Board may, f or the purpose of 9

carrying out its duties under this A ct, hold public meet-10

ings, sit andact at times andplaces, andreceive inf orma-11

tionas the Board considers appropriate. The Boardshall12

meet at least onceamonth.13

(d) O BTA INING OFFICIA L DA TA. The Board may14

secure directly f romany department or agency of the15

United States inf ormation necessary to enable it to carry16

out its duties under this A ct. Upon request of the Chair-17

manof the Board, the headof that department or agency18

shall f urnishthat inf ormationtotheBoard.19

(e) C ONTRA CTS . The Board may enter into con-20

tracts to enable the Board to discharge its duties under21

this A ct.22

SEC. 1225. STAFFING.23

(a) E XECUTIVE DIRECTOR . The Chairman of the24

Boardmayappoint andf ixthe compensationof anexecu-25

tive director and other personnel as may be required to26



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carry out the f unctions of the Board. The Director shall1

be paidat the rate of basic payf or level IV of the Execu-2

tiveSchedule.3

(b) S TA FFOF F EDERA L AGENCIES . Upon request4

of theBoard, theheadof anyFederal department or agen-5

cy may detail any Federal of f icial or employee, including6

of f icials and employees of of f ices of inspector general, to7

the Board without reimbursement f romthe Board, and8

such detailed staf f shall retain the rights, status, and9

privileges of his or her regular employment without inter-10

ruption.11

(c) O FFICE SPA CE . Of f ice space shall be provided12

tothe Boardwithinthe Executive Of f ice of the President.13

SEC. 1226. RECOVERY.GOV.14

(a) R EQUIREMENT TO ESTA BLISH WEBSITE . The15

Boardshall establishandmaintainawebsite ontheInter-16

net to be named Recovery. gov, to f oster greater account-17

ability and transparency in the use of f unds made avail-18

ableinthis A ct.19

(b) P URPOSE . Recovery. gov shall be a portal or20

gatewaytok eyinf ormationrelatedtothis A ct andprovide21

awindowtoother Government websites withrelatedinf or-22

mation.23

(c) M A TTERS COVERED . Inestablishingthe website24

Recovery. gov, theBoardshall ensurethef ollowing:25



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(1 ) The website shall provide materials explain-1

ing what this A ct means f or citizens. The materials2

shall be easy to understand and regularly updated.3

(2 ) The website shall provide accountability in-4

f ormation, includinga database of f indings f romau-5

dits, inspectors general, and the Government A c-6

countabilityOf f ice.7

(3) The website shall provide data on relevant8

economic, f inancial, grant, and contract inf ormation9

in user- f riendly visual presentations to enhance pub-10

lic awareness of the use f unds made available in this11

A ct.12

(4) The website shall provide detailed data on13

contracts awarded by the Government f or purposes14

of carryingout this A ct, includinginf ormationabout15

the competitiveness of the contracting process, noti-16

f ication of solicitations f or contracts to be awarded,17

and inf ormationabout the process that was used f or18

the awardof contracts.19

(5 ) The website shall include printable reports20

on f unds made available in this A ct obligated by21

monthtoeachState andcongressional district.22

(6 ) The website shall provide a means f or the23

public to give f eedback on the perf ormance of con-24

tracts awardedf or purposes of carryingout this A ct.25



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2 2


(7 ) The website shall be enhanced and updated1

as necessary to carry out the purposes of this sub-2

title.3

SEC. 1227. PRESERVATION OF THE INDEPENDENCE OF IN-4

SPECTORS GENERAL.5

Inspectors general shall retainindependent authority6

todetermine whether toconduct anaudit or investigation7

of spending under this A ct. If the Board requests that8

an inspector general conduct or ref rain f romconducting9

anaudit or investigationandthe inspector general re jects10

therequest inwholeor inpart, the inspector general shall,11

within30 days af ter receipt of the request, submit to the12

Board, theagencyhead, andthecongressional committees13

of jurisdiction a report explaining why the inspector gen-14

eral has re jectedtherequest inwholeor inpart.15

SEC. 1228. COORDINATION WITH THE COMPTROLLER GEN-16

ERAL AND STATE AUDITORS.17

The Board shall coordinate its oversight activities18

with the Comptroller General of the United States and19

Stateauditor generals.20

SEC. 1229. INDEPENDENT ADVISORY PANEL.21

(a) E STA BLISHMENT . There is established a panel22

to be k nown as the Independent A dvisory Panel to ad-23

visetheBoard.24



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2 3


(b) M EMBERSHIP . The Panel shall be composed of 1

f ivemembers appointedbythePresident f romamongindi-2

viduals with expertise in economics, public f inance, con-3

tracting, accounting, or other relevant f ields.4

(c) F UNCTIONS . The Panel shall mak e rec-5

ommendations to the Board on actions the Board could6

tak e toprevent waste, f raud, andabuse inFederal spend-7

ingunder this A ct.8

(d) T RA VEL EXPENSES . Eachmember of the Panel9

shall receive travel expenses, including per diemin lieu10

of subsistence, in accordance with applicable provisions11

under subchapter I of chapter 5 7 of title 5 , UnitedStates12

Code.13

SEC. 1230. FUNDING.14

There is hereby appropriated to the Board15

$1 4, 0 0 0 , 0 0 0 tocarryout this subtitle.16

SEC. 1231. BOARD TERMINATION.17

The Board shall terminate 1 2 months af ter 9 0 per-18

cent of the f unds made available under this A ct have been19

expended, as determined by the Director of the Of f ice of 20

Management andBudget.21



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2 4


PART 3—ADDITIONAL ACCOUNTABILITY AND1

TRANSPARENCY PROVISIONS2

SEC. 1241. LIMITATION ON THE LENGTH OF CERTAIN NON-3

COMPETITIVE CONTRACTS.4

No contract entered into using f unds made available5

in this A ct pursuant to the authority provided in section6

30 3(c)(2 ) of the Federal Property and A dministrative7

Services A ct of 1 9 4 9 (41 U. S. C. 2 5 3(c)(2 )) that is f or an8

amount greater than the simplif ied acquisition threshold9

(as def ined in section4(1 1 ) of the Of f ice of Federal Pro-10

curement PolicyA ct (41 U. S. C. (4)(1 1 ))11

(1 ) mayexceedthe time necessary12

(A ) tomeet the unusual andcompellingre-13

quirements of the work to be perf ormed under14

the contract; and15

(B) f or the executive agency to enter into16

another contract f or the requiredgoods or serv-17

ices through the use of competitive procedures;18

and19

(2 ) may exceed one year unless the head of the20

executive agency entering into such contract deter-21

mines that exceptional circumstances apply.22



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2 5


SEC. 1242. ACCESS OF GOVERNMENT ACCOUNTABILITY OF-1

FICE AND OFFICES OF INSPECTOR GENERAL2

TO CERTAIN EMPLOYEES.3

(a) A CCESS . Each contract awarded using f unds4

made available in this A ct shall provide that the Comp-5

troller General andhis representatives, andanyrepresent-6

atives of anappropriate inspector general appointedunder7

section 3 or 8 Gof the Inspector General A ct of 1 9 7 8 (58

U. S. C. A pp. ), areauthorized9

(1 ) to examine any records of the contractor or10

anyof its subcontractors, or anyState or local agen-11

cy administering such contract, that directly pertain12

to, and involve transactions relating to, the contract13

or subcontract; and14

(2 ) to interviewanycurrent employee regarding15

suchtransactions.16

(b) R ELA TIONSHIP TO EXISTING AUTHORITY . 17

Nothingin this sectionshall be interpretedto limit or re-18

strict inanywayanyexistingauthorityof theComptroller19

General or anInspector General.20

SEC. 1243. PROTECTING STATE AND LOCAL GOVERNMENT21

AND CONTRACTOR WHISTLEBLOWERS.22

(a) P ROHIBITION OF REPRISA LS . A n employee of 23

any non- Federal employer receiving f unds made available24

in this A ct may not be discharged, demoted, or otherwise25

discriminated against as a reprisal f or disclosing to the26



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2 6


Board, an inspector general, the Comptroller General, a1

member of Congress, or a Federal agency head, or their2

representatives, inf ormationthat the employee reasonably3

believes is evidenceof 4

(1 ) gross mismanagement of an executive agen-5

cycontract or grant;6

(2 ) a gross waste of executive agencyf unds;7

(3) a substantial and specif ic danger to public8

healthor saf ety; or9

(4) a violation of lawrelated to an executive10

agencycontract (includingthe competitionf or or ne-11

gotiation of a contract) or grant awarded or issued12

tocarryout this A ct.13

(b) I NVESTIGA TION OF COMPLA INTS . 14

(1 ) A person who believes that the person has15

been sub jected to a reprisal prohibited by subsection16

(a) may submit a complaint to the inspector general17

of the executive agency that awardedthe contract or18

issued the grant. Unless the inspector general deter-19

mines that the complaint is f rivolous, the inspector20

general shall investigate the complaint and, upon21

completion of such investigation, submit a report of 22

the f indings of the investigation to the person, the23

person s employer, the head of the Federal agency24



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2 7


that awarded the contract or issued the grant, and1

the Board.2

(2 )(A ) Except as provided under subparagraph3

(B), the inspector general shall mak e a determina-4

tion that a complaint is f rivolous or submit a report5

under paragraph (1 ) within 1 8 0 days af ter receiving6

the complaint.7

(B) If the inspector general is unable to com-8

plete an investigation in time to submit a report9

within the 1 8 0 - day period specif ied in subparagraph10

(A ) and the person submitting the complaint agrees11

to an extension of time, the inspector general shall12

submit a report under paragraph(1 ) withinsuchad-13

ditional period of time as shall be agreed upon be-14

tween the inspector general and the person submit-15

tingthe complaint.16

(c) R EMEDYA ND ENFORCEMENT AUTHORITY . 17

(1 ) Not later than 30 days af ter receiving an18

inspector general report pursuant to subsection (b),19

the head of the agency concerned shall determine20

whether there is suf f icient basis toconclude that the21

non- Federal employer has sub jected the complainant22

to a reprisal prohibited by subsection (a) and shall23

either issue an order denying relief or shall tak e one24

or more of the f ollowingactions:25



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2 8


(A ) Order the employer to tak e af f irmative1

actiontoabate the reprisal.2

(B) Order the employer to reinstate the3

person to the position that the person held be-4

f ore the reprisal, together with the compensa-5

tion (including back pay), employment benef its,6

and other terms and conditions of employment7

that would apply to the person in that position8

if the reprisal hadnot beentak en.9

(C) Order the employer to pay the com-10

plainant an amount equal to the aggregate11

amount of all costs and expenses (including at-12

torneys f ees and expert witnesses f ees) that13

were reasonably incurred by the complainant14

f or, or in connection with, bringing the com-15

plaint regarding the reprisal, as determined by16

the headof the agency.17

(2 ) If the headof anexecutive agencyissues an18

order denying relief under paragraph (1 ) or has not19

issuedanorder within 2 1 0 days af ter the submission20

of a complaint under subsection (b), or in the case21

of an extension of time under paragraph (b)(2 )(B),22

not later than30 days af ter the expirationof the ex-23

tension of time, and there is no showing that such24

delay is due to the bad f aithof the complainant, the25



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2 9


complainant shall be deemed to have exhausted all1

administrative remedies with respect to the com-2

plaint, and the complainant maybringa de novoac-3

tion at lawor equity against the employer to seek 4

compensatory damages and other relief available5

under this section in the appropriate district court6

of the United States, which shall have jurisdiction7

over suchanactionwithout regard to the amount in8

controversy. Such an action shall, at the request of 9

either party to the action, be tried by the court with10

a jury.11

(3) A n inspector general determination and an12

agency head order denying relief under paragraph13

(2 ) shall be admissible in evidence in any de novo14

actionat lawor equitybrought pursuant tothis sub-15

section.16

(4) Whenever a person f ails to comply with an17

order issued under paragraph (1 ), the head of the18

agency shall f ile an action f or enf orcement of such19

order in the United States district court f or a dis-20

trict in which the reprisal was f ound to have oc-21

curred. In any action brought under this paragraph,22

the court may grant appropriate relief , including in-23

junctive relief and compensatory and exemplary24

damages.25



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30


(5 ) A ny person adversely af f ected or aggrieved1

by an order issued under paragraph (1 ) may obtain2

review of the order s conf ormance with this sub-3

section, and any regulations issued to carry out this4

section, in the United States court of appeals f or a5

circuit in which the reprisal is alleged in the order6

to have occurred. No petition seek ing such review7

maybe f iledmore than 6 0 days af ter issuance of the8

order by the head of the agency. Reviewshall con-9

f ormtochapter 7 of title 5 .10

(d) C ONSTRUCTION . Nothinginthis sectionmaybe11

construed to authorize the discharge of , demotion of , or12

discrimination against an employee f or a disclosure other13

thana disclosure protectedbysubsection(a) or tomodif y14

or derogate f roma right or remedyotherwise available to15

theemployee.16

(e) D EFINITIONS . 17

(1 ) N ON -FEDERA L EMPLOYER RECEIVING 18

FUNDS UNDER THIS ACT . The termnon- Federal19

employer receivingf unds made available in this A ct 20

means21

(A ) with respect to a Federal contract22

awarded or Federal grant issued to carry out23

this A ct, the contractor or grantee, as the case24



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31


may be, if the contractor or grantee is an em-1

ployer; or2

(B) a State or local government, if the3

State or local government has received f unds4

made available inthis A ct.5

(2 ) E XECUTIVEA GENCY . The termexecutive6

agency has the meaning given that termin section7

4 of the Of f ice of Federal Procurement Policy A ct8

(41 U. S. C. 403).9

(3) S TA TEOR LOCA L GOVERNMENT . The term10

State or local government means11

(A ) the government of each of the several12

States, the District of Columbia, the Common-13

wealthof PuertoRico, Guam, A mericanSamoa,14

the Virgin Islands, the Northern Mariana Is-15

lands, or any other territory or possession of 16

the UnitedStates; or17

(B) the government of any political sub-18

division of a government listed in subparagraph19

(A ).20



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32


TITLE II—AGRICULTURE, NUTRI-1

TION, AND RURAL DEVELOP-2

MENT3

DEPA RTMENT OFA GRICULTURE4

AGRICULTURE BUILDINGS A ND F A CILITIES A ND RENTA L 5

PA YMENTS 6

For anadditional amount f or A griculture Buildings7

and Facilities and Rental Payments , $44, 0 0 0 , 0 0 0 , f or8

necessaryconstruction, repair, andimprovement activities:9

Provided, That section 1 1 0 6 of this A ct shall not apply10

tothis appropriation.11

AGRICULTURA L RESEA RCH SERVICE 12

BUILDINGS A ND FA CILITIES 13

For anadditional amount f or Buildings andFacili-14

ties , $2 0 9 , 0 0 0 , 0 0 0 , f or workondef erredmaintenance at15

A gricultural Research Service f acilities: Provided, That16

priority in the use of such f unds shall be given to critical17

def erred maintenance, to pro jects that can be completed,18

and to activities that can commence promptly f ollowing19

enactment of this A ct.20

FA RM

SERVICE

AGENCY

21

SA LA RIES A ND EXPENSES 22

For an additional amount f or Salaries and Ex-23

penses, $2 45 , 0 0 0 , 0 0 0 , f or the purpose of maintaining24

and modernizing the inf ormation technology system: Pro-25



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33


vided, That section 1 1 0 6 of this A ct shall not apply to1

this appropriation.2

NA TURA L RESOURCES CONSERVA TION SERVICE 3

WA TERSHED A ND FLOOD PREVENTION OPERA TIONS 4

For anadditional amount f or WatershedandFlood5

Prevention Operations , $35 0 , 0 0 0 , 0 0 0 , of which6

$1 7 5 , 0 0 0 , 0 0 0 is f or necessary expenses to purchase and7

restore f loodplaineasements as authorizedbysection4038

of the A gricultural Credit A ct of 1 9 7 8 (1 6 U. S. C. 2 2 0 3)9

(except that nomorethan$5 0 , 0 0 0 , 0 0 0 of theamount pro-10

videdf or the purchase of f loodplaineasements maybe ob-11

ligatedf or pro jects inanyone State): Provided, That sec-12

tion 1 1 0 6 of this A ct shall not applytothis appropriation:13

Provided further, That priority in the use of such f unds14

shall be given to pro jects that can be f ully f unded and15

completed with the f unds appropriated in this A ct, and16

toactivities that cancommence promptly f ollowingenact-17

ment of this A ct.18

WA TERSHED REHA BILITA TION PROGRA M 19

For anadditional amount f or WatershedRehabilita-20

tion Program , $5 0 , 0 0 0 , 0 0 0 , f or necessary expenses to21

carry out rehabilitation of structural measures: Provided,22

That section 1 1 0 6 of this A ct shall not apply to this ap-23

propriation: Provided further, That priority in the use of 24

such f unds shall be given to pro jects that can be f ully25



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34


f undedandcompletedwiththe f unds appropriatedinthis1

A ct, and to activities that can commence promptly f ol-2

lowingenactment of this A ct.3

RURA L DEVELOPMENT PROGRA MS 4

RURA L COMMUNITY A DVA NCEMENTPROGRA M 5

(INCLUDINGTRA NSFERS OFFUNDS) 6

For an additional amount f or gross obligations f or7

the principal amount of direct and guaranteed loans as8

authorizedbysections 30 6 and31 0 B anddescribedinsec-9

tions 38 1 E(d)(1 ), 38 1 E(d)(2 ), and 38 1 E(d)(3) of the10

Consolidated Farmand Rural Development A ct, to be11

available f romthe rural community advancement pro-12

gram, as f ollows: $5 , 8 38 , 0 0 0 , 0 0 0 , of which13

$1 , 1 0 2 , 0 0 0 , 0 0 0 is f or rural community f acilities direct14

loans, of which$2 , 0 0 0 , 0 0 0 , 0 0 0 is f or business andindus-15

tryguaranteed loans, and of which$2 , 7 36 , 0 0 0 , 0 0 0 is f or16

rural water andwastedisposal direct loans.17

For anadditional amount f or the cost of direct loans,18

loan guarantees, and grants, including the cost of modi-19

f yingloans, as def inedinsection 5 0 2 of the Congressional20

Budget A ct of 1 9 7 4, as f ollows: $1 , 8 0 0 , 0 0 0 , 0 0 0 , of which21

$6 3, 0 0 0 , 0 0 0 is f or rural communityf acilities direct loans,22

of which $1 37 , 0 0 0 , 0 0 0 is f or rural community f acilities23

grants authorized under section 30 6 (a) of the Consoli-24

dated Farm and Rural Development A ct, of which25



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35


$8 7 , 0 0 0 , 0 0 0 is f or business and industry guaranteed1

loans, of which $1 3, 0 0 0 , 0 0 0 is f or rural business enter-2

prisegrants authorizedunder section31 0 B of theConsoli-3

dated Farm and Rural Development A ct, of which4

$40 0 , 0 0 0 , 0 0 0 is f or rural water andwaste disposal direct5

loans, andof which$1 , 1 0 0 , 0 0 0 , 0 0 0 is f or rural water and6

waste disposal grants authorized under section 30 6 (a):7

Provided, That theamounts appropriatedunder this head-8

ing shall be transf erred to, and merged with, the appro-9

priation f or Rural Housing Service, Rural Community10

Facilities Program A ccount , the appropriation f or11

Rural Business- CooperativeService, Rural Business Pro-12

gramA ccount , andtheappropriationf or Rural Utilities13

Service, Rural Water and Waste Disposal ProgramA c-14

count : Provided further, That priority f or awardingsuch15

f unds shall be given to pro ject applications that dem-16

onstrate that, if the application is approved, all pro ject17

elements will be f ully f unded: Provided further, That pri-18

orityf or awardingsuchf unds shall be giventopro ject ap-19

plications f or activities that can be completed if the re-20

questedf unds areprovided: Provided further, That priority21

f or awarding such f unds shall be given to activities that22

can commence promptly f ollowing enactment of this A ct.23

Inadditiontoother available f unds, the Secretaryof 24

A griculture mayuse not more than3 percent of the f unds25



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36


made available under this account f or administrative costs1

to carry out loans, loan guarantees, and grants f unded2

under this account, whichshall be transf erredandmerged3

with the appropriation f or Rural Development, Salaries4

andExpenses andshall remainavailableuntil September5

30 , 2 0 1 2 : Provided, That the authority provided in this6

paragraph shall apply to appropriations under this head-7

ing in lieu of the provisions of section 1 1 0 6 of this A ct.8

Funds appropriatedbythis A ct totheRural Commu-9

nityA dvancement Programf or rural communityf acilities,10

rural business, and rural water and waste disposal direct11

loans, loan guarantees and grants may be transf erred12

amongtheseprograms: Provided, That theCommittees on13

A ppropriations of the House of Representatives and the14

Senate shall be notif ied at least 1 5 days in advance of 15

anytransf er.16

RURA L HOUSING SERVICE 17

RURA L HOUSINGINSURA NCEFUND PROGRA MA CCOUNT 18


For anadditional amount of gross obligations f or the20

principal amount of direct and guaranteed loans as au-21

thorizedbytitleVof theHousingA ct of 1 9 49 , tobeavail-22

able f romf unds in the rural housing insurance f und, as23

f ollows: $2 2 , 1 2 9 , 0 0 0 , 0 0 0 f or loans to section 5 0 2 bor-24

rowers, of which$4, 0 1 8 , 0 0 0 , 0 0 0 shall be f or direct loans,25



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37


and of which $1 8 , 1 1 1 , 0 0 0 , 0 0 0 shall be f or unsubsidized1

guaranteedloans.2

For an additional amount f or the cost of direct and3

guaranteed loans, including the cost of modif ying loans,4

as def inedinsection 5 0 2 of the Congressional Budget A ct5

of 1 9 7 4, as f ollows: section 5 0 2 loans, $5 0 0 , 0 0 0 , 0 0 0 , of 6

which$2 7 0 , 0 0 0 , 0 0 0 shall bef or direct loans, andof which7

$2 30 , 0 0 0 , 0 0 0 shall be f or unsubsidizedguaranteedloans.8

Inadditiontoother available f unds, the Secretaryof 9

A griculture mayuse not more than3 percent of the f unds10

made available under this account f or administrative costs11

tocarryout loans and loanguarantees f undedunder this12

account, of which$1 , 7 5 0 , 0 0 0 will be committedtoagency13

pro jects associatedwithmaintainingthe compliance, saf e-14

ty, and soundness of the portf olio of loans guaranteed15

through the section 5 0 2 guaranteed loan program: Pro-16

vided, These f unds shall be transf erred and merged with17

the appropriation f or Rural Development, Salaries and18

Expenses : Provided further, That the authority provided19

inthis paragraphshall applytoappropriations under this20

heading in lieu of the provisions of section 1 1 0 6 of this21

A ct.22

Funds appropriatedbythis A ct totheRural Housing23

Insurance Fund Programaccount f or section 5 0 2 direct24

loans and unsubsidized guaranteed loans may be trans-25



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38


f erred between these programs: Provided, That the Com-1

mittees onA ppropriations of theHouseof Representatives2

and the Senate shall be notif ied at least 1 5 days in ad-3

vanceof anytransf er.4

RURA L UTILITIES SERVICE 5

DISTA NCELEA RNING , TELEMEDICINE , A ND BROA DBA ND 6

PROGRA M 7


For an additional amount f or the cost of broadband9

loans and loan guarantees, as authorized by the Rural10

Electrif icationA ct of 1 9 36 (7 U. S. C. 9 0 1 et seq. ) andf or11

grants, $2 , 8 2 5 , 0 0 0 , 0 0 0 : Provided, That the cost of direct12

and guaranteed loans shall be as def ined in section 5 0 213

of the Congressional Budget A ct of 1 9 7 4: Provided fur-14

ther, That, notwithstanding title VI of the Rural Elec-15

trif icationA ct of 1 9 36 , this amount is availablef or grants,16

loans and loan guarantees f or open access broadband in-17

f rastructure in any area of the United States: Provided18

further, That at least 7 5 percent of the area to be served19

by a pro ject receiving f unds f romsuch grants, loans or20

loanguarantees shall be ina rural area without suf f icient21

access to high speed broadband service to f acilitate rural22

economic development, as determined by the Secretary of 23

A griculture: Provided further, That priority f or awarding24

f unds made available under this paragraphshall be given25



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39


topro jects that provide service tothe most rural residents1

that donot haveaccess tobroadbandservice: Provided fur-2

ther, That priority shall be given f or pro ject applications3

f romborrowers or f ormer borrowers under title II of the4

Rural Electrif icationA ct of 1 9 36 andf or pro ject applica-5

tions that include such borrowers or f ormer borrowers:6

Provided further, That notwithstanding section 1 1 0 3 of 7

this A ct, 5 0 percent of thegrants, loans, andloanguaran-8

tees made available under this heading shall be awarded9

not later thanSeptember 30 , 2 0 0 9 : Provided further, That10

priority f or awarding such f unds shall be given to pro ject11

applications that demonstrate that, if the application is12

approved, all pro ject elements will be f ully f unded: Pro-13

vided further, That priorityf or awardingsuchf unds shall14

be given to pro ject applications f or activities that can be15

completed if the requested f unds are provided: Provided16

further, That priority f or awarding such f unds shall be17

given to activities that can commence promptly f ollowing18

enactment of this A ct: Provided further, That no area of 19

a pro ject f unded with amounts made available under this20

paragraphmayreceive f undingtoprovidebroadbandserv-21

ice under the Broadband Deployment Grant Program:22

Provided further, That the Secretaryshall submit a report23

onplannedspendingandactual obligations describingthe24

use of these f unds not later than 9 0 days af ter the date25



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40


of enactment of this A ct, and quarterly thereaf ter until1

all f unds are obligated, to the Committees on A ppropria-2

tions of theHouseof Representatives andtheSenate.3

In addition to other available f unds, the Secretary4

mayuse not more than3 percent of the f unds made avail-5

able under this account f or administrative costs to carry6

out loans, loan guarantees, and grants f unded under this7

account, which shall be transf erred and merged with the8

appropriation f or Rural Development, Salaries and Ex-9

penses and shall remain available until September 30 ,10

2 0 1 2 : Provided, That the authorityprovided in this para-11

graphshall apply to appropriations under this heading in12

lieuof theprovisions of section 1 1 0 6 of this A ct.13

F OOD A ND NUTRITION SERVICE 14

SPECIA L SUPPLEMENTA L NUTRITION PROGRA MFOR 15

WOMEN , INFA NTS , A ND CHILDREN (WIC) 16

For an additional amount f or the special supple-17

mental nutrition programas authorized by section 1 7 of 18

the Child Nutrition A ct of 1 9 6 6 (42 U. S. C. 1 7 8 6 ),19

$1 0 0 , 0 0 0 , 0 0 0 , f or the purposes specif ied in section20

1 7 (h)(1 0 )(B)(ii) f or the Secretary of A griculture to pro-21

vide assistance to State agencies to implement newman-22

agement inf ormationsystems or improve existingmanage-23

ment inf ormationsystems f or theprogram.24



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41


GENERA L PROVISIONS, THIS TITLE1

SEC. 2001. TEMPORARY INCREASE IN BENEFITS UNDER2

THE SUPPLEMENTAL NUTRITION ASSIST-3

ANCE PROGRAM.4

(a) M A XIMUM BENEFIT INCREA SE . 5

(1 ) I N GENERA L . Beginning the f irst month6

that begins not less than 2 5 days af ter the date of 7

enactment of this A ct, the value of benef its deter-8

mined under section 8 (a) of the Food and Nutrition9

A ct of 2 0 0 8 and consolidated block grants f or Puer-10

to Rico and A merican Samoa determined under sec-11

tion 1 9 (a) of such A ct shall be calculated using12

1 1 3. 6 percent of the June 2 0 08 value of the thrif ty13

f ood plan as specif ied under section 3(o) of such14

A ct.15

(2 ) T ERMINA TION . 16

(A ) The authority provided by this sub-17

section shall terminate af ter September 30 ,18

2 0 0 9 .19

(B) Notwithstanding subparagraph (A ),20

the Secretaryof A griculture maynot reduce the21

value of the maximumallotment belowthe level22

in ef f ect f or f iscal year 2 0 0 9 as a result of 23

paragraph(1 ).24



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42


(b) R EQUIREMENTS FOR THE SECRETA RY . In car-1

ryingout this section, theSecretaryshall2

(1 ) consider the benef it increases described in3

subsection(a) tobe a mass change ;4

(2 ) require a simple process f or States tonotif y5

households of the increase inbenef its;6

(3) consider section 1 6(c)(3)(A ) of the Food7

and Nutrition A ct of 2 0 0 8 (7 U. S. C. 2 0 2 5 (c)(3)(A ))8

to apply to any errors in the implementation of this9

section, without regard to the 1 2 0 - day limit de-10

scribedinthat section; and11

(4) have the authority to tak e suchmeasures as12

necessary to ensure the ef f icient administration of 13

the benef its providedinthis section.14

(c) A DMINISTRA TIVE EXPENSES . 15

(1 ) I N GENERA L . For the costs of State ad-16

ministrative expenses associated with carrying out17

this section, the Secretary shall mak e available18

$1 5 0 , 0 0 0 , 0 0 0 ineachof f iscal years 2 0 0 9 and 2 0 1 0 ,19

to remain available through September 30 , 2 0 1 2 , of 20

which $4, 5 0 0 , 0 0 0 is f or necessary expenses of the21

Food and Nutrition Service f or management and22

oversight of the programand f or monitoring the in-23

tegrity and evaluating the ef f ects of the payments24

made under this section.25



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43


(2 ) A VA ILA BILITY OFFUNDS . Funds described1

in paragraph (1 ) shall be made available as grants2

to State agencies based on each State s share of 3

households that participate in the Supplemental Nu-4

trition A ssistance Programas reported to the De-5

partment of A griculture f or the 1 2 - month period6

endingwithJune, 2 0 0 8 .7

(d) T REA TMENTOF J OBLESS WORKERS . Beginning8

with the f irst month that begins not less than 2 5 days9

af ter the date of enactment of this A ct, andf or eachsub-10

sequent month through September 30 , 2 0 1 0 , jobless11

adults whocomplywithworkregistrationandemployment12

and trainingrequirements under section 6 , section 2 0 , or13

section 2 6 of the Food and Nutrition A ct of 2 0 0 8 (714

U. S. C. 2 0 1 5 , 2 0 2 9 , or 2 0 35 ) shall not bedisqualif iedf rom15

the Supplemental Nutrition A ssistance Programbecause16

of the provisions of section 6 (o)(2 ) of such A ct (7 U. S. C.17

2 0 1 5 (o)(2 )). Beginning on October 1 , 2 0 1 0 , f or the pur-18

poses of section 6 (o), a State agency shall disregard any19

period during which an individual received Supplemental20

NutritionA ssistance Programbenef its prior toOctober 1 ,21

2 0 1 0 .22

(e) F UNDING . There is appropriated to the Sec-23

retaryof A griculture suchsums as are necessary tocarry24



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44


out this section, to remain available until expended. Sec-1

tion 1 1 0 6 of this A ct shall not applytothis appropriation.2

SEC. 2002. AFTERSCHOOL FEEDING PROGRAM FOR AT-RISK3

CHILDREN.4

Section 1 7 (r) of the Richard B. Russell National5

School Lunch A ct (42 U. S. C. 1 7 6 6 (r)) is amended by6

strik ingsubsection(5 ).7

TITLE III—COMMERCE, JUSTICE,8

AND SCIENCE9

Subtitle A—Commerce10

DEPA RTMENT OFCOMMERCE11

ECONOMIC DEVELOPMENT ADMINISTRA TION 12

ECONOMIC DEVELOPMENT ASSISTA NCE PROGRA MS 13

(INCLUDINGTRA NSFER OFFUNDS )14

For an additional amount f or Economic Develop-15

ment A ssistance Programs , $2 5 0 , 0 0 0 , 0 0 0 : Provided,16

That the amount set aside f romthis appropriationpursu-17

ant tosection 1 1 0 6 of this A ct shall not exceed2 percent18

instead of the percentage specif ied in such section: Pro-19

vided further, That the amount set aside pursuant to the20

previous proviso shall be transf erred to and merged with21

the appropriation f or Salaries and Expenses f or pur-22

poses of programadministration and oversight: Provided23

further, That up to $5 0 , 0 0 0 , 0 0 0 may be transf erred to24



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45


f ederally authorized regional economic development com-1

missions.2

BUREA U OFTHE CENSUS 3

PERIODIC CENSUSES A ND PROGRA MS 4

For anadditional amount f or PeriodicCensuses and5

Programs , $1 , 0 0 0 , 0 0 0 , 0 0 0 : Provided, That section 1 1 0 66

of this A ct shall not apply to f unds provided under this7

heading.8

NA TIONA L TELECOMMUNICA TIONS A ND INFORMA TION 9

ADMINISTRA TION 10



penses , $35 0 , 0 0 0 , 0 0 0 , to remain available until Sep-13

tember 30 , 2 0 1 1 : Provided, That f unds shall be available14

to establish the State Broadband Data and Development15

Grant Program, as authorized by Public Law 1 1 0 38 5 ,16

f or the development and implementation of statewide ini-17

tiatives toidentif yandtrackthe availabilityandadoption18

of broadband services within each State, and to develop19

and maintain a nationwide broadband inventory map, as20

authorizedbysection31 0 1 of this A ct.21



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46


WIRELESS A ND BROA DBA ND DEPLOYMENT GRA NT 1

PROGRA MS 2

(INCLUDINGTRA NSFER OFFUNDS) 3

For necessary expenses related to the Wireless and4

Broadband Deployment Grant Programs established by5

section 31 0 2 of this A ct, $2 , 8 2 5 , 0 0 0 , 0 0 0 , of which6

$1 , 0 0 0 , 0 0 0 , 0 0 0 shall be f or Wireless Deployment Grants7

and $1 , 8 2 5 , 0 0 0 , 0 0 0 shall be f or Broadband Deployment8

Grants: Provided, That the National Telecommunications9

and Inf ormation A dministration shall submit a report on10

plannedspendingandactual obligations describingtheuse11

of these f unds not later than 1 2 0 days af ter the date of 12

enactment of this A ct, andanupdatereport not later than13

6 0 days f ollowingthe initial report, to the Committees on14

A ppropriations of the House of Representatives and the15

Senate, the Committee on Energy and Commerce of the16

House of Representatives, and the Committee on Com-17

merce, Science, and Transportation of the Senate: Pro-18

vided further, That notwithstanding section 1 1 0 3 of this19

A ct, 5 0 percent of the grants made available under this20

heading shall be awarded not later than September 30 ,21

2 0 0 9 : Provided further, That upto2 0 percent of thef unds22

provided under this heading f or Wireless Deployment23

Grants andBroadbandDeployment Grants maybe trans-24

f erredbetweentheseprograms: Provided further, That the25



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47


Committees onA ppropriations of the House of Represent-1

atives and the Senate shall be notif ied at least 1 5 days2

inadvanceof anytransf er.3

DIGITA L -TO -A NA LOGCONVERTER BOX PROGRA M 4

Notwithstanding any other provision of law, and in5

addition to amounts otherwise provided in any other A ct,6

f or costs associated with the Digital- to- A nalog Converter7

Box Program, $6 5 0 , 0 0 0 , 0 0 0 , to be available until Sep-8

tember 30 , 2 0 0 9 : Provided, That these f unds shall be9

available f or coupons and related activities, including but10

not limited toeducation, consumer support and outreach,11

as deemed appropriate and necessary to ensure a timely12

conversionof analogtodigital television.13

NA TIONA L INSTITUTEOF STA NDA RDSA ND TECHNOLOGY 14

SCIENTIFIC A ND TECHNICA L RESEA RCHA ND SERVICES 15

For an additional amount f or Scientif ic and Tech-16

nical ResearchandServices , $1 00 , 0 0 0 , 0 0 0 .17

INDUSTRIA L TECHNOLOGY SERVICES 18

For anadditional amount f or Industrial Technology19

Services , $1 0 0 , 0 0 0 , 0 0 0 , of which $7 0 , 0 0 0 , 0 0 0 shall be20

available f or the necessaryexpenses of the TechnologyIn-21

novation Programand $30 , 0 0 0 , 0 0 0 shall be available f or22

the necessaryexpenses of the Hollings Manuf acturingEx-23

tensionPartnership.24



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48


CONSTRUCTION OFRESEA RCHFA CILITIES 1

For an additional amount f or Construction of Re-2

search Facilities , as authorized by sections 1 3 through3

1 5 of the A ct of March 1 3, 1 9 0 1 (1 5 U. S. C. 2 7 8 c- 2 7 8 e),4

$30 0 , 0 0 0 , 0 0 0 , f or a competitive construction grant pro-5

gramf or research science buildings: Provided further,6

That f or peer- reviewed grants made under this heading,7

the time limitationprovidedinsection1 1 0 3(b) of this A ct8

shall be 1 2 0 days.9

NA TIONA L OCEA NIC A ND ATMOSPHERIC 10

ADMINISTRA TION 11

OPERA TIONS , RESEA RCH , A ND FA CILITIES 12

For anadditional amount f or Operations, Research,13

andFacilities , $40 0 , 0 0 0 , 0 0 0 , f or habitat restorationand14

mitigationactivities.15

PROCUREMENT , A CQUISITION A ND CONSTRUCTION 16

For anadditional amount f or Procurement, A cquisi-17

tion and Construction , $6 0 0 , 0 0 0 , 0 0 0 , f or accelerating18

satellite development and acquisition, acquiring climate19

sensors and climate modeling capacity, and establishing20

climate data records: Provided further, That not less than21

$1 40 , 0 0 0 , 0 0 0 shall beavailablef or climatedatamodeling.22



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49


GENERA L PROVISIONS, THIS SUBTITLE1

SEC. 3101. INVENTORY OF BROADBAND SERVICE CAPA-2

BILITY AND AVAILABILITY.3

(a) E STA BLISHMENT . To provide a comprehensive4

nationwide inventory of existing broadband service capa-5

bility and availability, the National Telecommunications6

and Inf ormation A dministration (NTIA ) shall develop7

and maintain a broadband inventory map of the United8

States that identif ies and depicts the geographic extent9

to which broadband service capability is deployed and10

available f roma commercial provider or public provider11

throughout eachState.12

(b) P UBLIC AVA ILA BILITY A ND INTERA CTIVITY . 13

Not later than2 years af ter the date of enactment of this14

A ct, the NTIA shall mak e the broadband inventory map15

developed and maintained pursuant to this section acces-16

sible bythe public ona WorldWide Website of the NTIA17

ina f ormthat is interactiveandsearchable.18

SEC. 3102. WIRELESS AND BROADBAND DEPLOYMENT19

GRANT PROGRAMS.20

(a) G RA NTS AUTHORIZED . 21

(1 ) I N GENERA L . The National Telecommuni-22

cations and Inf ormation A dministration (NTIA )23

is authorized to carry out a program to award24

grants to eligible entities f or the non- recurring costs25



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5 0


associated with the deployment of broadband inf ra-1

structure inrural, suburban, andurbanareas, inac-2

cordance withthe requirements of this section.3

(2 ) P ROGRA M WEBSITE . The NTIA shall de-4

velop and maintain a website to mak e publicly avail-5

able inf ormation about the program described in6

paragraph(1 ), including7

(A ) each prioritization report submitted by8

a State under subsection(b);9

(B) a list of eligible entities that have ap-10

plied f or a grant under this section, and the11

area or areas the entity proposes to serve; and12

(C) the status of each such application,13

whether approved, denied, or pending.14

(b) S TA TE PRIORITIES . 15

(1 ) P RIORITIES REPORT SUBMISSION . Not16

later than 7 5 days af ter the date of enactment of 17

this section, each State intending to participate in18

the programunder this section shall submit to the19

NTIA a report indicating the geographic areas of 20

the State which21

(A ) f or the purposes of determining the22

need f or Wireless Deployment Grants under23

subsection (c), the State considers to have the24

greatest priorityf or25



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5 1


(i) wireless voice service in unserved1

areas; and2

(ii) advanced wireless broadband serv-3

ice inunderservedareas; and4

(B) f or the purposes of determining the5

need f or Broadband Deployment Grants under6

subsection (d), the State considers to have the7

greatest priorityf or8

(i) basic broadband service in9

unservedareas; and10

(ii) advancedbroadbandservice inun-11

derservedareas.12

(2 ) L IMITA TION . The unserved and under-13

served areas identif ied by a State in the report re-14

quired by this subsection shall not represent, in the15

aggregate, more than 2 0 percent of the population16

or of the geographic area of suchState.17

(c) W IRELESS DEPLOYMENT GRA NTS . 18

(1 ) A UTHORIZED A CTIVITY . The NTIA shall19

award Wireless Deployment Grants in accordance20

with this subsection f rommoney appropriated f or21

Wireless Deployment Grants by this subtitle toeligi-22

ble entities todeploynecessaryinf rastructure f or the23

provision of wireless voice service or advanced wire-24



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5 2


less broadband service to end users in designated1

areas.2

(2 ) G RA NT DISTRIBUTION . The NTIA shall3

seek to distribute grants, to the extent possible, so4

that 2 5 percent of the grants awarded under this5

subsection shall be awarded to eligible entities f or6

providing wireless voice service to unserved areas7

and 7 5 percent of grants awarded under this sub-8

section shall be awarded to eligible entities f or pro-9

vidingadvancedwireless broadbandservice tounder-10

servedareas.11

(d) B ROA DBA ND DEPLOYMENT GRA NTS . 12

(1 ) A UTHORIZED A CTIVITY . The NTIA shall13

award Broadband Deployment Grants in accordance14

with this subsection f rommoney appropriated f or15

BroadbandDeployment Grants bythis subtitle toel-16

igible entities to deploy necessary inf rastructure f or17

the provisionof basic broadbandservice or advanced18

broadband service to end users in designated areas.19

(2 ) G RA NT DISTRIBUTION . The NTIA shall20

seek to distribute grants, to the extent possible, so21

that 2 5 percent of the grants awarded under this22

subsection shall be awarded to eligible entities f or23

providing basic broadband service to unserved areas24

and 7 5 percent of grants awarded under this sub-25



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5 3


section shall be awarded to eligible entities f or pro-1

viding advanced broadband service to underserved2

areas.3

(e) G RA NT REQUIREMENTS . TheNTIA shall4

(1 ) adopt rules toprotect against un just enrich-5

ment; and6

(2 ) ensure that grant recipients7

(A ) meet buildout requirements;8

(B) maximize use of the supported inf ra-9

structure bythe public;10

(C) operate basic and advanced broadband11

service network s onanopenaccess basis;12

(D) operate advanced wireless broadband13

service ona wireless openaccess basis; and14

(E) adhere to the principles contained in15

the Federal Communications Commission s16

broadband policy statement (FCC 0 5 - 1 5 1 ,17

adoptedA ugust 5 , 2 0 0 5 ).18

(f ) A PPLICA TIONS . 19

(1 ) S UBMISSION . To be considered f or a grant20

awardedunder subsection(c) or (d), aneligible enti-21

ty shall submit to the NTIA an application at such22

time, in such manner, and containing such inf orma-23

tion as the NTIA may require. Such an application24

shall include25



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5 4


(A ) a cost- study estimate f or serving the1

particular geographic area to be served by the2

entity;3

(B) anengineeringplan;4

(C) a proposed buildout schedule to resi-5

dential households and small businesses in the6

area;7

(D) f or applicants f or Wireless Deployment8

Grants under subsection (c), a buildout sched-9

ule f or geographic coverage of such areas; and10

(E) any other requirements the NTIA11

deems necessary.12

(2 ) S ELECTION . 13

(A ) N OTIFICA TION . The NTIA shall no-14

tif y each eligible entity that has submitted a15

complete application whether the entity has16

been approved or denied f or a grant under this17

sectionintimelyf ashion.18

(B) G RA NT DISTRIBUTION CONSIDER -19

A TIONS . In awarding grants under this sec-20

tion, the NTIA shall, to the extent practical21

(i) award not less than one grant in22

eachState;23

(ii) give substantial weight to whether24

an application is f roman eligible entity to25



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5 5


deploy inf rastructure in an area that is an1

area2

(I) identif ied by a State in a re-3

port submitted under subsection (b);4

or5

(II) in which the NTIA deter-6

mines there will be a signif icant7

amount of public saf ety or emergency8

response use of the inf rastructure;9

and10

(iii) consider whether an application11

f romaneligible entity todeployinf rastruc-12

ture inanarea13

(I) will, if approved, increase the14

af f ordability of , or subscribership to,15

service to the greatest population of 16

underservedusers inthe area;17

(II) will, if approved, enhance18

service f or health care delivery, edu-19

cation, or childrentothe greatest pop-20

ulation of underserved users in the21

area;22

(III) contains concrete plans f or23

enhancing computer ownership or24

computer literacyinthe area;25



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5 6


(IV) is f roma recipient of more1

than 2 0 percent matchinggrants f rom2

State, local, or private entities f or3

service in the area and the extent of 4

suchcommitment; and5

(V) will, if approved, result in6

un just enrichment because the eligible7

entity has applied f or, or intends to8

apply f or, support f or the non- recur-9

ring costs through another Federal10

programf or service inthe area.11

(g) C ONSULTA TION . The NTIA shall consult with12

the Federal Communications Commission and other ap-13

propriate Federal agencies in implementing this section.14

(h) D EFINITIONS . For the purpose of this section15

(1 ) the term advanced broadband service 16

means a service delivering data to the end user17

transmitted at a speed of at least 45 megabits per18

second downstreamand at least 1 5 megabits per19

secondupstream;20

(2 ) the term advanced wireless broadband21

service means a wireless service delivering to the22

end user data transmitted at a speed of at least 323

megabits per second downstream and at least 124



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5 7


megabit per second upstreamover an end- to- end1

internet protocol wireless network ;2

(3) the termbasic broadband service means3

a service delivering data to the end user transmitted4

at a speed of at least 5 megabits per second down-5

streamand at least 1 megabit per second upstream;6

(4) the termeligible entity means7

(A ) a provider of wireless voice service, ad-8

vanced wireless broadband service, basic9

broadbandservice, or advancedbroadbandserv-10

ice;11

(B) a State or unit of local government, or12

agency or instrumentality thereof , that is or in-13

tends to be a provider of any such service; and14

(C) any other entity, including construc-15

tion companies, tower- building companies, or16

other service providers, that the NTIA author-17

izes by rule to participate in the programs18

under this section, if such other entity is re-19

quired to provide access to the supported inf ra-20

structure on a neutral, reasonable basis to21

maximize use;22

(5 ) the termState includes the District of 23

Columbia andthe territories andpossessions;24



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5 8


(6 ) the termunderserved area shall be de-1

f ined by the Federal Communications Commission2

not later than 4 5 days af ter the date of enactment3

of this section;4

(7 ) the termunserved area shall be def ined5

by the Federal Communications Commission not6

later than 4 5 days af ter the date of enactment of 7

this section;8

(8 ) the termwireless voice service means the9

provision of two- way, real- time, voice communica-10

tions usinga mobile service;11

(9 ) the termopen access shall be def ined by12

the Federal Communications Commission not later13

than 4 5 days af ter the date of enactment of this sec-14

tion; and15

(1 0 ) the termwireless open access shall be16

def ined by the Federal Communications Commission17

not later than 4 5 days af ter the date of enactment18

of this section.19



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5 9


Subtitle B—Justice1

DEPA RTMENT OFJUSTICE2

STA TEA ND LOCA L LA WENFORCEMENT ACTIVITIES 3

OFFICEOF J USTICE PROGRA MS 4

STA TEA ND LOCA L LA W ENFORCEMENT A SSISTA NCE 5

For an additional amount f or State andLocal Law6

Enf orcement A ssistance , $3, 0 0 0 , 0 0 0 , 0 0 0 , tobe available7

f or the EdwardByrne Memorial Justice A ssistance Grant8

Programas authorized by subpart 1 of part Eof title I9

of the Omnibus Crime Control and Saf e Streets A ct of 10

1 9 68 , (except that section 1 0 0 1 (c), and the special rules11

f or Puerto Rico under section 5 0 5 (g), of such A ct shall12

not applyf or purposes of this A ct): Provided, That section13

1 1 0 6 of this A ct shall not apply to f unds provided under14

this heading.15

COMMUNITY ORIENTED POLICINGSERVICES 16

For an additional amount f or Community Oriented17

Policing Services , $1 , 0 0 0 , 0 0 0 , 0 0 0 , to be available f or18

grants under section 1 7 0 1 of title I of the 1 9 6 8 A ct (4219

U. S. C. 37 9 6 dd) f or the hiring and rehiring of additional20

career lawenf orcement of f icers under part Q of suchtitle21

notwithstanding subsection (i) of such section: Provided,22

That f or peer- reviewed grants made under this heading,23

the time limitationprovidedinsection1 1 0 3(b) of this A ct24

shall be 1 2 0 days.25



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6 0


Subtitle C—Science1

NA TIONA L A ERONAUTICS A ND SPA CE2

A DMINISTRA TION3

SCIENCE 4

For an additional amount f or Science ,5

$40 0 , 0 0 0 , 0 0 0 , of which not less than $2 5 0 , 0 0 0 , 0 0 0 shall6

be solelyf or acceleratingthe development of the tier 1 set7

of Earth science climate research missions recommended8

bytheNational A cademies Decadal Survey.9

A ERONA UTICS 10

For an additional amount f or A eronautics ,11

$1 5 0 , 0 0 0 , 0 0 0 .12

CROSS A GENCY SUPPORT PROGRA MS 13

For anadditional amount f or Cross A gencySupport14

Programs , f or necessary expenses f or restoration and15

mitigationof National A eronautics andSpaceA dministra-16

tionownedinf rastructure andf acilities relatedtothe con-17

sequences of hurricanes, f loods, and other natural disas-18

ters occurring during 2 0 0 8 f or which the President de-19

clared a ma jor disaster under title IV of the Robert T.20

Staf f ordDisaster Relief andEmergencyA ssistance A ct of 21

1 9 7 4, $5 0 , 0 0 0 , 0 0 0 .22



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6 1


NA TIONA L SCIENCEFOUNDA TION1

RESEA RCHA ND RELA TED A CTIVITIES 2

For anadditional amount f or ResearchandRelated3

A ctivities , $2 , 5 0 0 , 0 0 0 , 0 0 0 : Provided, That $30 0 , 0 0 0 , 0 0 04

shall be available solely f or the Ma jor Research Instru-5

mentation programand $2 0 0 , 0 0 0 , 0 0 0 shall be f or activi-6

ties authorizedbytitle II of Public Law1 0 0 5 7 0 f or aca-7

demicresearchf acilities modernization: Provided, That f or8

peer- reviewed grants made under this heading, the time9

limitationprovidedinsection1 1 0 3(b) of this A ct shall be10

1 2 0 days.11

EDUCA TION A ND HUMA N RESOURCES 12

For an additional amount f or Education and13

Human Resources , $1 0 0 , 0 0 0 , 0 0 0 : Provided, That14

$6 0 , 0 0 0 , 0 0 0 shall be f or activities authorized by section15

7 0 30 of Public Law1 1 0 6 9 and$40 , 0 0 0 , 0 0 0 shall be f or16

activities authorized by section 9 of the National Science17

FoundationA uthorizationA ct of 2 0 02 (42 U. S. C. 1 8 6 2 n).18

MA JOR RESEA RCHEQUIPMENT A ND FA CILITIES 19

CONSTRUCTION 20

For an additional amount f or Ma jor Research21

Equipment and Facilities Construction , $40 0 , 0 0 0 , 0 00 ,22

whichshall beavailableonlyf or approvedpro jects.23



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6 2


TITLE IV—DEFENSE1

DEPA RTMENT OFDEFENSE2

F A CILITY INFRA STRUCTURE INVESTMENTS , DEFENSE 3

For expenses, not otherwise providedf or, toimprove,4

repair andmodernizeDepartment of Def ensef acilities, re-5

store andmodernize A rmybarrack s, andinvest inthe en-6

ergy ef f iciency of Department of Def ense f acilities,7

$4, 5 0 0 , 0 0 0 , 0 0 0 , f or Facilities Sustainment, Restoration8

and Modernization programs of the Department of De-9

f ense (including minor construction and ma jor mainte-10

nanceandrepair), whichshall beavailableas f ollows:11

(1 ) Operation and Maintenance, A rmy ,12

$1 , 49 0 , 8 0 4, 0 0 0 .13

(2 ) Operation and Maintenance, Navy ,14

$6 2 4, 38 0 , 0 0 0 .15

(3) Operation and Maintenance, Marine16

Corps , $1 2 8 , 49 9 , 0 0 0 .17

(4) Operation and Maintenance, A ir Force ,18

$1 , 2 36 , 8 1 0 , 0 0 0 .19

(5 ) Def ense Health Program , $45 4, 6 5 8 , 0 0 0 .20

(6 ) Operation and Maintenance, A rmy Re-21

serve , $1 1 0 , 8 9 9 , 0 0 0 .22

(7 ) Operation and Maintenance, Navy Re-23

serve , $6 2 , 1 6 2 , 0 0 0 .24



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6 3


(8 ) Operation and Maintenance, Marine Corps1

Reserve , $45 , 0 38 , 0 0 0 .2

(9 ) OperationandMaintenance, A ir Force Re-3

serve , $1 4, 8 8 1 , 0 0 0 .4

(1 0 ) Operation and Maintenance, A rmy Na-5

tional Guard , $30 2 , 7 0 0 , 0 0 0 .6

(1 1 ) OperationandMaintenance, A ir National7

Guard , $2 9 , 1 6 9 , 0 0 0 .8

ENERGY RESEA RCHA ND DEVELOPMENT , DEFENSE 9

For expenses, not otherwise provided f or, f or re-10

search, development, test andevaluationprograms f or im-11

provements inenergygeneration, transmission, regulation,12

use, and storage, f or military installations, military vehi-13

cles, and other military equipment, $35 0 , 0 0 0 , 0 0 0 , which14

shall beavailableas f ollows:15

(1 ) Research, Development, Test and Evalua-16

tion, A rmy , $8 7 , 5 0 0 , 0 0 0 .17

(2 ) Research, Development, Test and Evalua-18

tion, Navy , $8 7 , 5 0 0 , 0 0 0 .19

(3) Research, Development, Test and Evalua-20

tion, A ir Force , $8 7 , 5 0 0 , 0 0 0 .21

(4) Research, Development, Test and Evalua-22

tion, Def ense- Wide , $8 7 , 5 0 0 , 0 0 023



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6 4


TITLE V—ENERGY AND WATER1

DEPA RTMENT OFTHEA RMY2

CORPS OF ENGINEERS C IVIL 3

CONSTRUCTION 4

For an additional amount f or Construction ,5

$2 , 0 0 0 , 0 0 0 , 0 0 0 : Provided, That section 1 0 2 of Public6

Law 1 0 9 1 0 3 (33 U. S. C. 2 2 2 1 ) shall not apply to f unds7

provided in this paragraph: Provided further, That not-8

withstanding any other provision of law, f unds provided9

inthis paragraphshall not be cost sharedwiththe Inland10

Waterways Trust Fund as authorized in Public Law9911

6 6 2 : Provided further, That f unds provided in this para-12

graphmayonlybeusedf or programs, pro jects or activities13

previouslyf unded: Provided further, That theCorps of En-14

gineers is directedtoprioritize f undingf or activities based15

onthe abilitytoaccelerate existingcontracts or f ullyf und16

pro ject elements andcontracts f or suchelements ina time17

period of 2 years af ter the date of enactment of this A ct18

giving pref erence to pro jects and activities that are labor19

intensive: Provided further, That f unds provided in this20

paragraphshall beusedf or elements of pro jects, programs21

or activities that can be completed using f unds provided22

herein: Provided further, That f unds appropriated in this23

paragraphmaybeusedbythe Secretaryof theA rmy, act-24

ingthroughtheChief of Engineers, toundertak eworkau-25



l:\VA\011509\A011509.004.xml



6 5


thorizedtobe carriedout inaccordance withone or more1

of section14 of the FloodControl A ct of 1 9 4 6 (33 U. S. C.2

7 0 1 r), section 2 0 5 of the Flood Control A ct of 1 9 48 (333

U. S. C. 7 0 1 s), section 2 0 6 of the Water Resources Devel-4

opment A ct of 1 9 9 6 (33 U. S. C. 2 330 ), and section1 1 355

of the Water Resources Development A ct of 1 9 8 6 (336

U. S. C. 2 30 9 a), notwithstanding the programcost limita-7

tions set f orth in those sections: Provided further, That8

the limitationconcerningtotal pro ject costs insection 9 0 29

of the Water Resources Development A ct of 1 9 8 6 , as10

amended (33 U. S. C. 2 2 8 0 ), shall not apply during f iscal11

year 2 0 0 9 to any pro ject that received f unds provided in12

this title: Provided further, That f or pro jects that are13

being completed with f unds appropriated in this A ct that14

are otherwise expired or lapsed f or obligation, expired or15

lapsedf unds appropriatedin this A ct maybe usedtopay16

the cost of associated supervision, inspection, overhead,17

engineering and design on those pro jects and on subse-18

quent claims, if any: Provided further, That the Secretary19

of the A rmy shall submit a quarterly report to the Com-20


andthe Senate detailingthe allocation, obligationandex-22

penditures of these f unds, beginning not later than 4523

days af ter enactment of this A ct.24



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6 6


MISSISSIPPIRIVER A ND TRIBUTA RIES 1

For anadditional amount f or Mississippi River and2

Tributaries , $2 5 0 , 0 0 0 , 0 0 0 : Provided, That f unds pro-3

vided in this paragraph may only be used f or programs,4

pro jects, or activities previously f unded: Provided further,5

That the Corps of Engineers is directedtoprioritize f und-6

ingf or activities basedonthe abilitytoaccelerate existing7

contracts or f ully f und pro ject elements andcontracts f or8

such elements in a time period of 2 years af ter the date9

of enactment of this A ct givingpref erence topro jects and10

activities that are labor intensive: Provided further, That11

f unds provided in this paragraph shall be used f or ele-12

ments of pro jects, programs, or activities that canbecom-13

pletedusingf unds providedherein: Provided further, That14

f or pro jects that are being completed with f unds appro-15

priated in this A ct that are otherwise expired or lapsed16

f or obligation, expiredor lapsedf unds appropriatedinthis17

A ct maybe usedtopaythe cost of associatedsupervision,18

inspection, overhead, engineering and design on those19

pro jects and on subsequent claims, if any: Provided fur-20

ther, That the Secretaryof the A rmyshall submit a quar-21

terly report to the Committees on A ppropriations of the22

House of Representatives andthe Senate detailingthe al-23

location, obligationandexpenditures of thesef unds, begin-24

ning not later than 4 5 days af ter enactment of this A ct.25



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6 7


OPERA TION A ND MA INTENA NCE 1

For an additional amount f or Operation and Main-2

tenance , $2 , 2 2 5 , 0 0 0 , 0 0 0 : Provided, That the Corps of 3

Engineers is directed to prioritize f unding f or activities4

basedontheabilitytoaccelerateexistingcontracts or f ully5

f und pro ject elements and contracts f or such elements in6

a time period of 2 years af ter the date of enactment of 7

this A ct giving pref erence to pro jects and activities that8

are labor intensive: Provided further, That f unds provided9

in this paragraph shall be used f or elements of pro jects,10

programs, or activities that canbe completedusingf unds11

provided herein: Provided further, That f or pro jects that12

are being completed with f unds appropriated in this A ct13

that areotherwiseexpiredor lapsedf or obligation, expired14

or lapsed f unds appropriated in this A ct may be used to15

pay the cost of associated supervision, inspection, over-16

head, engineering and design on those pro jects and on17

subsequent claims, if any: Provided further, That the Sec-18

retary of the A rmyshall submit a quarterly report to the19


atives and the Senate detailing the allocation, obligation21

andexpenditures of these f unds, beginningnot later than22

45 days af ter enactment of this A ct.23



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6 8


REGULA TORY PROGRA M 1

For anadditional amount f or RegulatoryProgram ,2

$2 5 , 0 0 0 , 0 0 0 .3

DEPA RTMENT OFTHEINTERIOR4

BUREA U OF RECLA MA TION 5

WA TER A ND RELA TED RESOURCES 6

For an additional amount f or Water and Related7

Resources , $5 0 0 , 0 0 0 , 0 0 0 : Provided, That of the amount8

appropriated under this heading, not less than9

$1 2 6 , 0 0 0 , 0 0 0 shall be used f or water reclamation and10

reuse pro jects authorized under title XVI of Public Law11

1 0 2 5 7 5 : Provided further, That of the amount appro-12

priated under this heading, not less than $8 0 , 0 0 0 , 0 0 013

shall beusedf or rural water pro jects andthesef unds shall14

be expended primarily on water intak e and treatment f a-15

cilities of such pro jects: Provided further, That the costs16

of reimbursable activities, other thanf or maintenance and17

rehabilitation, carriedout withf unds madeavailableunder18

this heading shall be repaid pursuant to existing authori-19

ties and agreements: Provided further, That the costs of 20

maintenance and rehabilitation activities carried out with21

f unds providedin this A ct shall be repaidpursuant toex-22

isting authority, except the length of repayment period23

shall be determined on needs- based criteria to be estab-24

lished and adopted by the Commissioner of the Bureau25



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6 9


of Reclamation, but innocase shall the repayment period1

exceed 2 5 years.2

DEPA RTMENT OFENERGY3

ENERGY PROGRA MS4

ENERGY EFFICIENCY A ND RENEWA BLE ENERGY 5

For anadditional amount f or EnergyEf f iciencyand6

RenewableEnergy , $1 8 , 5 0 0 , 0 0 0 , 0 0 0 , whichshall beused7

as f ollows:8

(1 ) $2 , 0 0 0 , 0 0 0 , 0 0 0 shall be f or expenses nec-9

essaryf or energyef f iciencyandrenewable energyre-10

search, development, demonstration and deployment11

activities, to accelerate the development of tech-12

nologies, to include advanced batteries, of which not13

less than $8 0 0 , 0 0 0 , 0 0 0 is f or biomass and14

$40 0 , 0 0 0 , 0 0 0 is f or geothermal technologies.15

(2 ) $5 0 0 , 0 00 , 0 00 shall be f or expenses nec-16

essary to implement the programs authorized under17

part E of title III of the Energy Policy and Con-18

servationA ct (42 U. S. C. 6 341 et seq. ).19

(3) $1 , 0 0 0 , 0 0 0 , 0 0 0 shall be f or the cost of 20

grants to institutional entities f or energy sustain-21

ability and ef f iciency under section39 9 A of the En-22

ergyPolicyandConservationA ct (42 U. S. C. 6 37 1 h-23

1 ).24



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7 0


(4) $6 , 2 0 0 , 0 0 0 , 0 0 0 shall be f or the Weatheriza-1

tion A ssistance Programunder part A of title IV of 2

the Energy Conservation and Production A ct (423

U. S. C. 6 8 6 1 et seq. ).4

(5 ) $3, 5 0 0 , 0 0 0 , 0 0 0 shall be f or Energy Ef f i-5

ciency and Conservation Block Grants, f or imple-6

mentation of programs authorized under subtitle E7

of title V of the Energy Independence and Security8

A ct of 2 0 0 7 (42 U. S. C. 1 7 1 5 1 et seq. ).9

(6 ) $3, 40 0 , 0 0 0 , 0 0 0 shall be f or the State En-10

ergy Programauthorized under part D of title III11

of the Energy Policy and Conservation A ct (4212

U. S. C. 6 32 1 ).13

(7 ) $2 0 0 , 0 0 0 , 0 0 0 shall be f or expenses nec-14

essary to implement the programs authorized under15

section 1 31 of the Energy Independence and Secu-16

rityA ct of 2 0 0 7 (42 U. S. C. 1 7 0 1 1 ).17

(8 ) $30 0 , 0 0 0 , 0 0 0 shall be f or expenses nec-18

essary to implement the programauthorized under19

section 1 2 4 of the Energy Policy A ct of 2 0 0 5 (4220

U. S. C. 1 5 8 2 1 ) andthe EnergyStar program.21

(9 ) $40 0 , 0 0 0 , 0 0 0 shall be f or expenses nec-22

essary to implement the programauthorized under23

section 7 2 1 of the Energy Policy A ct of 2 0 0 5 (4224

U. S. C. 1 6 0 7 1 ).25



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7 1


(1 0 ) $1 , 0 0 0 , 0 0 0 , 0 0 0 shall be f or expenses nec-1

essary f or the manuf acturing of advanced batteries2

authorizedunder section1 36 (b)(1 )(B) of the Energy3

Independence and Security A ct of 2 0 0 7 (42 U. S. C.4

1 7 0 1 3(b)(1 )(B)):5

Provided, That notwithstanding section 330 4 of title 5 ,6

UnitedStates Code, andwithout regard to the provisions7

of sections 330 9 through 331 8 of such title 5 , the Sec-8

retary of Energy may, upon a determination that there9

is a severe shortage of candidates or a critical hiringneed10

f or particular positions, recruit anddirectlyappoint highly11

qualif iedindividuals intothe competitive service: Provided12

further, That such authority shall not apply to positions13

in the Excepted Service or the Senior Executive Service:14

Provided further, That any action authorized herein shall15

be consistent with the merit principles of section 2 30 1 of 16

such title 5 , and the Department shall comply with the17

public notice requirements of section 332 7 of such title18

5 .19

ELECTRICITY DELIVERY A ND ENERGY RELIA BILITY 20

For an additional amount f or Electricity Delivery21

and Energy Reliability, $4, 5 0 0 , 0 0 0 , 0 0 0 : Provided, That22

f unds shall be available f or expenses necessary f or elec-23

tricity delivery and energy reliability activities to mod-24

ernize the electric grid, enhance securityandreliabilityof 25



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7 2


the energy inf rastructure, energy storage research, devel-1

opment, demonstration anddeployment, andf acilitate re-2

coveryf romdisruptions to the energysupply, andf or im-3

plementation of programs authorized under title XIII of 4

the Energy Independence and Security A ct of 2 0 0 7 (425

U. S. C. 1 7 38 1 et seq. ): Provided further, That of such6

amounts, $1 0 0 , 0 0 0 , 0 0 0 shall be f or work er training: Pro-7

vided further, That the Secretary of Energy may use or8

transf er amounts providedunder this headingtocarryout9

newauthority f or transmission improvements, if such au-10

thority is enacted in any subsequent A ct, consistent with11

existingf iscal management practices andprocedures.12

ADVA NCED BA TTERY LOA N GUA RA NTEE PROGRA M 13

For the cost of guaranteed loans as authorized by14

section1 35 of the EnergyIndependence andSecurityA ct15

of 2 0 0 7 (42 U. S. C. 1 7 0 1 2 ), $1 , 0 0 0 , 0 0 0 , 0 0 0 , to remain16

available until expended: Provided, That of such amount,17

$1 0 , 0 0 0 , 0 0 0 shall be used f or administrative expenses in18

carrying out the guaranteed loan program, and shall be19

inlieuof the amount set aside under section 1 1 0 6 of this20

A ct: Provided further, That the cost of suchloans, includ-21

ing the cost of modif ying such loans, shall be as def ined22

in section 5 0 2 of the Congressional Budget A ct of 1 9 7 4 .23



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7 3


INSTITUTIONA L LOA N GUA RA NTEE PROGRA M 1

For the cost of guaranteed loans as authorized by2

section39 9 A of the Energy Policy and Conservation A ct3

(42 U. S. C. 6 37 1 h1 ), $5 0 0 , 0 0 0 , 0 0 0 : Provided, That of 4

such amount, $1 0 , 0 0 0 , 0 0 0 shall be used f or administra-5

tive expenses in carrying out the guaranteed loan pro-6

gram, and shall be in lieu of the amount set aside under7

section 1 1 0 6 of this A ct: Provided further, That the cost8

of such loans, including the cost of modif ying such loans,9

shall be as def ined in section 5 0 2 of the Congressional10

Budget A ct of 1 9 7 4.11

INNOVA TIVE TECHNOLOGY LOA N GUA RA NTEE PROGRA M 12

For anadditional amount f or InnovativeTechnology13

Loan Guarantee Program f or the cost of guaranteed14

loans authorizedbysection1 7 0 5 of the EnergyPolicyA ct15

of 2 0 0 5 , $8 , 0 0 0 , 0 00 , 0 00 : Provided, That of suchamount,16

$2 5 , 0 0 0 , 0 0 0 shall be used f or administrative expenses in17

carrying out the guaranteed loan program, and shall be18

inlieuof the amount set aside under section 1 1 0 6 of this19

A ct: Provided further, That the cost of suchloans, includ-20

ing the cost of modif ying such loans, shall be as def ined21

in section 5 0 2 of the Congressional Budget A ct of 1 9 7 4 .22

F OSSIL ENERGY 23

For an additional amount f or Fossil Energy ,24

$2 , 40 0 , 0 0 0 , 0 0 0 f or necessary expenses to demonstrate25



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7 4


carbon capture and sequestration technologies as author-1

ized under section 7 0 2 of the Energy Independence and2

SecurityA ct of 2 0 0 7 .3

SCIENCE 4

For an additional amount f or Science ,5

$2 , 0 0 0 , 0 0 0 , 0 0 0 : Provided, That of suchamounts, not less6

than $40 0 , 0 0 0 , 0 0 0 shall be used f or the A dvanced Re-7

searchPro jects A gency Energyauthorizedunder section8

5 0 1 2 of theA mericaCOMPETES A ct (42 U. S. C. 1 6 5 38 ):9

Provided further, That of such amounts, not less than10

$1 0 0 , 0 0 0 , 0 0 0 shall be used f or advanced scientif ic com-11

puting.12

ENVIRONMENTA L A ND OTHER DEFENSE13

A CTIVITIES14

DEFENSE ENVIRONMENTA L CLEA NUP 15

For an additional amount f or Def ense Environ-16

mental Cleanup, $5 0 0 , 0 0 0 , 0 0 0 : Provided, That such17

amounts shall be usedf or elements of pro jects, programs,18

or activities that can be completed using f unds provided19

herein.20


SEC. 5001. TECHNICAL CORRECTIONS TO THE ENERGY22

INDEPENDENCE AND SECURITY ACT OF 2007.23

(a) Section 5 43(a) of the Energy Independence and24

SecurityA ct of 2 0 0 7 (42 U. S. C. 1 7 1 5 3(a)) is amended25



l:\VA\011509\A011509.004.xml



7 5


(1 ) by redesignating paragraphs (2 ) through1

(4) as paragraphs (3) through (5 ), respectively; and2

(2 ) by strik ing paragraph (1 ) and inserting the3

f ollowing:4

(1 ) 34 percent toeligible units of local govern-5

mentalternative 1 , in accordance with subsection6

(b);7

(2 ) 34 percent toeligible units of local govern-8

mentalternative 2 , in accordance with subsection9

(b); .10

(b) Section 5 4 8 (a)(1 ) of the Energy Independence11

and Security A ct of 2 0 0 7 (42 U. S. C. 1 7 1 5 8 (a)(1 )) is12

amending by strik ing ; provided and all that f ollows13

through5 4 1 (3)(B) .14

SEC. 5002. TECHNICAL CORRECTIONS TO THE ENERGY15

INDEPENDENCE AND SECURITY ACT OF 2007.16

Title XIII of the Energy Independence and Security17

A ct of 2 0 0 7 (1 5 U. S. C. 1 7 38 1 andf ollowing) is amended18

as f ollows:19

(1 ) By amending subparagraph (A ) of section20

1 30 4(b)(3) toreadas f ollows:21

(A ) I N GENERA L . In carrying out the22

initiative, the Secretary shall provide f inancial23

support to smart grid demonstration pro jects24

including those in rural areas and areas where25



l:\VA\011509\A011509.004.xml



7 6


the ma jority of generation and transmission as-1

sets are controlledbya tax- exempt entity. .2

(2 ) By amending subparagraph (C) of section3

1 30 4(b)(3) toreadas f ollows:4

(C) F EDERA L SHA REOFCOST OFTECH -5

NOLOGY INVESTMENTS . The Secretary shall6

provide to an electric utility described in sub-7

paragraph (B) or to other parties f inancial as-8

sistance f or use in paying an amount equal to9

not more than 5 0 percent of the cost of quali-10

f ying advanced grid technology investments11

made by the electric utility or other party to12

carryout a demonstrationpro ject. .13

(3) By inserting a newsubparagraph (E) af ter14

1 30 4(b)(3)(D) as f ollows:15

(E) A VA ILA BILITY OF DA TA . The Sec-16

retaryshall establishandmaintaina smart grid17

inf ormation clearinghouse in a timely manner18

which will mak e data f romsmart grid dem-19

onstration pro jects and other sources available20

to the public. A s a condition of receiving f inan-21

cial assistance under this subsection, a utilityor22

other participant in a smart griddemonstration23

pro ject shall provide such inf ormation as the24

Secretary may require to become available25



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7 7


through the smart grid inf ormation clearing-1

house in the f ormandwithin the timef rames as2

directed by the Secretary. The Secretary shall3

assure that business proprietary inf ormation4

and individual customer inf ormation is not in-5

cluded in the inf ormation made available6

throughthe clearinghouse. .7

(4) By amending paragraph (2 ) of section8

1 30 4(c) toreadas f ollows:9

(2 ) to carry out subsection (b), such sums as10

maybe necessary. .11

(5 ) B y amendingsubsection(a) of section1 30 612

by strik ing reimbursement of one- f if th (2 0 per-13

cent) and inserting grants of up to one- half (5 014

percent) .15

(6 ) By strik ing the last sentence of subsection16

(b)(9 ) of section1 30 6 .17

(7 ) By strik ing are eligible f or in subsection18

(c)(1 ) of section1 30 6 andinsertingutilize .19

(8 ) B y amendingsubsection (e) of section1 30 620

toreadas f ollows:21

(e) P ROCEDURES A ND RULES . The Secretary22

shall23

(1 ) establish within 6 0 days af ter the enact-24

ment of the A merican Recovery and Reinvestment25



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7 8


A ct of 2 0 0 9 procedures by which applicants can ob-1

tain grants of not more than one- half of their docu-2

mentedcosts;3

(2 ) establishprocedures toensure that there is4

no duplication or multiple payment f or the same in-5

vestment or costs, that the grant goes to the party6

mak ing the actual expenditures f or qualif ying smart7

gridinvestments, andthat the grants made have sig-8

nif icant ef f ect inencouragingandf acilitatingthe de-9

velopment of a smart grid;10

(3) maintain public records of grants made,11

recipients, and qualif ying smart grid investments12

whichhave receivedgrants;13

(4) establish procedures to provide advance14

payment of moneys up to the f ull amount of the15

grant award; and16

(5 ) have and exercise the discretion to deny17

grants f or investments that do not qualif y in the18

reasonable judgment of the Secretary. .19

SEC. 5003. RENEWABLE ENERGY AND ELECTRIC POWER20

TRANSMISSION LOAN GUARANTEE PRO-21

GRAMS.22

(a) A MENDMENT . Title XVII of the Energy Policy23

A ct of 2 0 0 5 (42 U. S. C. 1 6 5 1 1 et seq. ) is amendedbyadd-24

ingthef ollowingat theend:25



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7 9


‘‘SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOY-1

MENT OF RENEWABLE ENERGY AND ELEC-2

TRIC POWER TRANSMISSION PROJECTS.3

(a) I N GENERA L . Notwithstanding section 1 7 0 3,4

the Secretary may mak e guarantees under this section5

only f or commercial technology pro jects under subsection6

(b) that will commence construction not later than Sep-7

tember 30 , 2 0 1 1 .8

(b) C A TEGORIES . Pro jects f romonly the f ollowing9

categories shall be eligible f or support under this section:10

(1 ) Renewable energysystems.11

(2 ) Electric power transmissionsystems.12

(c) W A GE RA TE REQUIREMENTS . The Secretary13

shall require that eachrecipient of support under this sec-14

tion provide reasonable assurance that all laborers and15

mechanics employedin the perf ormance of the pro ject f or16

whichthe assistance is provided, includingthose employed17

by contractors or subcontractors, will be paid wages at18

rates not less thanthose prevailingonsimilar workinthe19

localityas determinedbytheSecretaryof Labor inaccord-20

ancewithsubchapter IVof chapter 31 of part A of subtitle21

II of title 40 , United States Code (commonly ref erred to22

as theDavis- BaconA ct ).23

(d) S UNSET . The authority to enter into guaran-24

tees under this section shall expire on September 30 ,25

2 0 1 1 . .26



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8 0


(b) T A BLEOF CONTENTS AMENDMENT . The table1

of contents f or the EnergyPolicyA ct of 2 0 0 5 is amended2

by inserting af ter the itemrelating to section 1 7 0 4 the3

f ollowingnewitem:4

Sec. 1 7 05 . Temporary programf or rapid deployment of renewable energyand

electric power transmissionpro jects. .

SEC. 5004. WESTERN AREA POWER ADMINISTRATION BOR-5

ROWING AUTHORITY.6

The Hoover Power Plant A ct of 1 9 8 4 (Public Law7

9 8 - 38 1 ) is amended by adding at the end the f ollowing:8

‘‘TITLE III—BORROWING9

AUTHORITY10

‘‘SEC. 301. WESTERN AREA POWER ADMINISTRATION BOR-11

ROWING AUTHORITY.12

(a) D EFINITIONS . Inthis section13

(1 ) A DMINISTRA TOR . The term A dminis-14

trator means the A dministrator of the Western15

A rea Power A dministration.16

(2 ) S ECRETA RY . The termSecretary means17

the Secretaryof the Treasury.18

(b) A UTHORITY . 19

(1 ) I N GENERA L . Notwithstanding any other20

provision of law, sub ject to paragraphs (2 ) through21

(5 )22

(A ) the Western A rea Power A dministra-23

tion may borrowf unds f romthe Treasury; and24



l:\VA\011509\A011509.004.xml



8 1


(B) the Secretary shall, without f urther1

appropriationandwithout f iscal year limitation,2

loan to the Western A rea Power A dministra-3

tion, on such terms as may be f ixed by the A d-4

ministrator and the Secretary, such sums (not5

to exceed, in the aggregate (including def erred6

interest), $3, 2 5 0 , 0 0 0 , 0 0 0 in outstanding repay-7

able balances at any 1 time) as, in the judg-8

ment of the A dministrator, are f romtime to9

time requiredf or the purpose of 10

(i) constructing, f inancing, f acili-11

tating, or studying construction of newor12

upgraded electric power transmission lines13

and related f acilities with at least 1 ter-14

minus within the area served by the West-15

ernA rea Power A dministration; and16

(ii) delivering or f acilitating the de-17

livery of power generated by renewable en-18

ergy resources constructed or reasonably19

expected to be constructed af ter the date20

of enactment of this section.21

(2 ) I NTEREST . The rate of interest to be22

charged in connection with any loan made pursuant23

to this subsection shall be f ixed by the Secretary,24

tak ing into consideration mark et yields on out-25



l:\VA\011509\A011509.004.xml



8 2


standingmark etable obligations of the UnitedStates1

of comparable maturities as of the date of the loan.2

(3) R EFINA NCING . The Western A rea Power3

A dministration may ref inance loans tak en pursuant4

tothis sectionwithinthe Treasury.5

(4) P A RTICIPA TION . The A dministrator may6

permit other entities to participate in pro jects f i-7

nancedunder this section.8

(5 ) C ONGRESSIONA L REVIEW OF DISBURSE -9

MENT . Ef f ective uponthe date of enactment of this10

section, the A dministrator shall have the authority11

to have utilized $1 , 7 5 0 , 0 0 0 , 0 0 0 at any one time. If 12

the A dministrator seek s to borrow f unds above13

$1 , 7 5 0 , 0 0 0 , 0 0 0 , the f unds will be disbursed unless14

there is enacted, within 9 0 calendar days of the f irst15

such request, a joint resolution that rescinds the re-16

mainder of the balance of the borrowing authority17

providedinthis section.18

(c) T RA NSMISSION LINEA ND RELA TED F A CILITY 19

PROJECTS . 20

(1 ) I N GENERA L . For repayment purposes,21

each transmission line and related f acility pro ject in22

which the Western A rea Power A dministration par-23

ticipates pursuant to this section shall be treated as24

separate anddistinct f rom25



l:\VA\011509\A011509.004.xml



8 3


(A ) eachother suchpro ject; and1

(B) all other WesternA rea Power A dmin-2

istrationpower andtransmissionf acilities.3

(2 ) P ROCEEDS . The Western A rea Power4

A dministrationshall applythe proceeds f romthe use5

of the transmission capacity f rom an individual6

pro ject under this section to the repayment of the7

principal and interest of the loan f romthe Treasury8

attributable to that pro ject, af ter reserving such9

f unds as the Western A rea Power A dministration10

determines are necessary11

(A ) to pay f or any ancillary services that12

are provided; and13

(B) to meet the costs of operating and14

maintaining the new pro ject f romwhich the15

revenues are derived.16

(3) S OURCEOFREVENUE . Revenue f romthe17

use of pro jects under this section shall be the only18

source of revenue f or19

(A ) repayment of the associated loan f or20

the pro ject; and21

(B) payment of expenses f or ancillary22

services andoperationandmaintenance.23

(4) L IMITA TION ON A UTHORITY . Nothing in24

this sectionconf ers onthe A dministrator anyobliga-25



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8 4


tion to provide ancillary services to users of trans-1

missionf acilities developedunder this section.2

(d) C ERTIFICA TION . 3

(1 ) I N GENERA L . For each pro ject in which4

the Western A rea Power A dministration participates5

pursuant tothis section, the A dministrator shall cer-6

tif y, prior to committing f unds f or any such pro ject,7

that8

(A ) the pro ject is inthe public interest;9

(B) the pro ject will not adversely impact10

systemreliability or operations, or other statu-11

toryobligations; and12

(C) it is reasonable to expect that the13

proceeds f romthe pro ject shall be adequate to14

mak e repayment of the loan.15

(2 ) F ORGIVENESS OFBA LA NCES . 16

(A ) I N GENERA L . If , at the end of the17

usef ul lif e of a pro ject, there is a remainingbal-18

ance owed to the Treasury under this section,19

the balance shall be f orgiven.20

(B) U NCONSTRUCTED PROJECTS . Funds21

expended to study pro jects that are considered22

pursuant to this section but that are not con-23

structedshall be f orgiven.24



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8 5


(C) N OTIFICA TION . The A dministrator1

shall notif y the Secretary of such amounts as2

are tobe f orgivenunder this paragraph.3

(e) P UBLIC PROCESSES . 4

(1 ) P OLICIES A ND PRA CTICES . Prior to re-5

questing any loans under this section, the A dminis-6

trator shall use a public process to develop practices7

andpolicies that implement the authoritygrantedby8

this section.9

(2 ) R EQUESTS FOR INTERESTS . In the10

course of selecting potential pro jects to be f unded11

under this section, the A dministrator shall seek re-12

quests f or interest f romentities interested in identi-13

f ying potential pro jects through one or more notices14

publishedinthe Federal Register. .15

SEC. 5005. WEATHERIZATION PROGRAM AMENDMENTS.16

(a) I NCOME LEVEL . Section 4 1 2 (7 ) of the Energy17

Conservation and Production A ct (42 U. S. C. 6 8 6 2 (7 )) is18

amendedbystrik ing1 5 0 percent bothplaces it appears19

andinserting2 0 0 percent .20

(b) A SSISTA NCE LEVEL PER DWELLING UNIT . 21

Section 4 1 5 (c)(1 ) of theEnergyConservationandProduc-22

tion A ct (42 U. S. C. 6 8 6 5 (c)(1 )) is amended by strik ing23

$2 , 5 0 0 andinserting$5 , 0 0 0 .24



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8 6


SEC. 5006. BONNEVILLE POWER ADMINISTRATION.1

For the purposes of providing f unds to assist in f i-2

nancing the construction, acquisition, and replacement of 3

the transmissionsystemof theBonneville Power A dminis-4

tration and to implement the authority of the A dminis-5

trator under the Pacif ic Northwest Electric Power Plan-6

ning and Conservation A ct (1 6 U. S. C. 8 39 et seq. ), an7

additional $3, 2 5 0 , 0 0 0 , 0 0 0 inborrowingauthorityis made8

available under the Federal Columbia River Transmission9

SystemA ct (1 6 U. S. C. 8 38 et seq. ), toremainoutstanding10

at anytime.11

SEC. 5007. RENEWABLE ELECTRICITY TRANSMISSION12

STUDY.13

In completing the 2 0 0 9 National Electric Trans-14

mission Congestion Study, the Secretary of Energy shall15

include16

(1 ) an analysis of the signif icant potential17

sources of renewable energy that are constrained in18

accessing appropriate mark et areas by lack of ade-19

quate transmissioncapacity;20

(2 ) an analysis of the reasons f or f ailure to de-21

velopthe adequate transmissioncapacity; and22

(3) recommendations f or achieving adequate23

transmissioncapacity.24



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8 7


SEC. 5008. APPROPRIATIONS TRANSFER AUTHORITY.1

Not toexceed 2 0 percent of the amounts made avail-2

able inthis A ct tothe Department of Energyf or Energy3

Ef f iciency and Renewable Energy , Electricity Delivery4

and Energy Reliability , and A dvanced Battery Loan5

Guarantee Program may be transf erred within and be-6

tween such accounts, except that no amount specif ied7

under any such heading may be increased or decreased8

bymore thana total of 2 0 percent bysuchtransf ers, and9

notif icationof such transf ers shall be submittedpromptly10

totheCommittees onA ppropriations of theHouseof Rep-11

resentatives andtheSenate.12

TITLE VI—FINANCIAL SERVICES13

AND GENERAL GOVERNMENT14

Subtitle A—General Services15

GENERA L SERVICES ADMINISTRA TION 16

FEDERA L BUILDINGS FUND 17

LIMITA TIONS ON A VA ILA BILITY OFREVENUE 18


For anadditional amount tobe depositedinthe Fed-20

eral Buildings Fund, $7 , 7 0 0 , 0 0 0 , 0 0 0 f or real propertyac-21

tivities withprioritygiventoactivities that cancommence22

promptly f ollowing enactment of this A ct; of which up to23

$1 , 0 0 0 , 0 0 0 , 0 0 0 shall be usedf or construction, repair, and24

alteration of border f acilities and land ports of entry; of 25

whichnot less than$6 , 0 0 0 , 0 0 0 , 0 0 0 shall be usedf or con-26



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8 8


struction, repair, and alteration of Federal buildings f or1

pro jects that will create thegreatest impact onenergyef f i-2

ciency and conservation; of which $1 0 8 , 0 0 0 , 0 0 0 shall re-3

main available until September 30 , 2 0 1 2 , and shall be4

usedf or rental of spacecosts associatedwiththeconstruc-5

tion, repair, and alteration of these pro jects; Provided,6

That of the amounts provided, $1 6 0 , 0 0 0 , 0 0 0 shall remain7

availableuntil September 30 , 2 0 1 2 , andshall be f or build-8

ingoperations insupport of the activities describedinthis9

paragraph: Provided further, That the preceding proviso10

shall apply to this appropriation in lieu of the provisions11

of section 1 1 0 6 of this A ct: Provided further, That theA d-12

ministrator of General Services is authorized to initiate13

design, construction, repair, alteration, leasing, and other14

pro jects throughexistingauthorities of the A dministrator:15

Provided further, That the A dministrator shall submit a16

detailed plan, by pro ject, regarding the use of f unds to17

the Committees on A ppropriations of the House of Rep-18

resentatives and the Senate within 30 days af ter enact-19

ment of this A ct, and shall provide notif ication to the20

Committees within 1 5 days prior toanychanges regarding21

the use of these f unds: Provided further, That the A dmin-22

istrator shall report to the Committees on the obligation23

of these f unds ona quarterlybasis beginningonJune30,24

2 0 0 9 : Provided further, That of the amounts provided,25



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8 9


$4, 0 0 0 , 0 0 0 shall be transf erredtoandmergedwithGov-1

ernment- WidePolicy , f or theOf f iceof Federal High- Per-2

f ormance Green Buildings as authorized in the Energy3

Independence andSecurityA ct of 2 0 0 7 (Public Law1 1 0 4

1 4 0 ).5

ENERGY EFFICIENT FEDERA L MOTOR VEHICLEFLEET 6

PROCUREMENT 7

For capital expenditures and necessary expenses of 8

the General Services A dministration s Motor Vehicle A c-9

quisitionandMotor Vehicle Leasingprograms f or the ac-10

quisition of motor vehicles, including plug- in and alter-11

native f uel vehicles, $6 0 0 , 0 0 0 , 0 0 0 : Provided, That the12

amount set aside f romthis appropriationpursuant tosec-13

tion 1 1 0 6 of this A ct shall be 1 percent instead of the14

percentage specif ied in such section: Provided further,15

That none of these f unds may be obligated until the A d-16

ministrator of General Services submits totheCommittees17

onA ppropriations of theHouseof Representatives andthe18

Senate, within 9 0 days af ter enactment of this A ct, a plan19

f or expenditureof thef unds that details thecurrent inven-20

tory of the Federal f leet owned by the General Services21

A dministration, as well as other Federal agencies, andthe22

strategytoexpendthese f unds toreplace a portionof the23

Federal f leet with the goal of substantially increasing en-24

ergy ef f iciency over the current status, including increas-25



l:\VA\011509\A011509.004.xml



9 0


ing f uel ef f iciency and reducing emissions: Provided fur-1

ther, That the A dministrator shall report to the Commit-2

tees on the obligation of these f unds on a quarterly basis3

beginningonJune30 , 2 0 0 9 .4

Subtitle B—Small Business5

SMA LL BUSINESS ADMINISTRA TION 6

BUSINESS LOA NS PROGRA MA CCOUNT 7


For the cost of direct loans and loan guarantees au-9

thorized by sections 6 2 0 2 through 6 2 0 5 of this A ct,10

$42 6 , 0 0 0 , 0 0 0 : Provided, That such cost, including the11

cost of modif yingsuchloans, shall beas def inedinsection12

5 0 2 of theCongressional Budget A ct of 1 9 7 4. Inaddition,13

f or administrative expenses to carry out the direct loan14

and loan guarantee programs authorized by this A ct,15

$4, 0 0 0 , 0 0 0 , whichmaybe transf erredtoandmergedwith16

the appropriations f or Salaries and Expenses: Provided,17

That this sentence shall applytothis appropriationinlieu18

of theprovisions of section 1 1 0 6 of this A ct.19


SEC. 6201. ECONOMIC STIMULUS LENDING PROGRAM FOR21

SMALL BUSINESSES.22

(a) P URPOSE . The purpose of this sectionis toper-23

mit the Small Business A dministration to guarantee up24



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9 1


to 9 5 percent of qualif ying small business loans made by1

eligiblelenders.2

(b) D EFINITIONS . For purposes of this section:3

(1 ) The termA dministrator means the A d-4

ministrator of the Small Business A dministration.5

(2 ) The termqualif ying small business loan 6

means any loan to a small business concern that7

would be eligible f or a loan guarantee under section8

7 (a) of the Small Business A ct (1 5 U. S. C. 6 36 ) or9

title V of the Small Business Investment A ct of 10

1 9 5 8 (1 5 U. S. C. 6 9 5 andf ollowing).11

(3) The termsmall business concern has the12

same meaning as provided by section 3 of the Small13

Business A ct (1 5 U. S. C. 6 32 ).14

(c) A PPLICA TION . Inorder toparticipateintheloan15

guarantee programunder this section a lender shall sub-16

mit anapplicationtothe A dministrator f or the guarantee17

of upto 9 5 percent of theprincipal amount of aqualif ying18

small business loan. The A dministrator shall approve or19

deny each such application within 5 business days af ter20

receipt thereof . The A dministrator may not delegate to21

lenders the authoritytoapprove or disapprove suchappli-22

cations.23

(d) F EES . The A dministrator may charge f ees f or24

guarantees issued under this section. Such f ees shall not25



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9 2


exceed the f ees permitted f or loan guarantees under sec-1

tion 7 (a) of the Small Business A ct (1 5 U. S. C. 6 31 and2

f ollowing).3

(e) I NTEREST RA TES . The A dministrator may not4

guarantee under this section any loan that bears interest5

at a rate higher than3 percent above the higher of either6

of the f ollowing as quoted in the Wall Street Journal on7

the f irst business dayof theweekinwhichsuchguarantee8

is issued:9

(1 ) The London interbank of f ered rate10

(LIBOR) f or a 3- monthperiod.11

(2 ) The Prime Rate.12

(f ) Q UA LIFIED BORROWERS . 13

(1 ) A LIENS UNLA WFULLY PRESENT IN THE 14

UNITED STA TES . A loan guarantee may not be15

made under this section f or a loan made to a con-16

cern if an individual who is an alien unlawf ully17

present inthe UnitedStates18

(A ) has an ownership interest in that con-19

cern; or20

(B) has an ownership interest in another21

concern that itself has an ownership interest in22

that concern.23

(2 ) F IRMS IN VIOLA TION OF IMMIGRA TION 24

LA WS. No loan guarantee may be made under this25



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9 3


section f or a loan to any entity f ound, based on a1

determination by the Secretary of Homeland Secu-2

rity or the A ttorney General to have engaged in a3

pattern or practice of hiring, recruiting or ref erring4

f or a f ee, f or employment in the United States an5

alien k nowing the person is an unauthorized alien.6

(g) C RIMINA L BA CKGROUND CHECKS . Prior to the7

approval of anyloanguaranteeunder this section, theA d-8

ministrator may verif y the applicant s criminal back -9

ground, or lackthereof , throughthe best available means,10

including, if possible, use of the National Crime Inf orma-11

tionCenter computer systemat theFederal Bureauof In-12

vestigation.13

(h) A PPLICA TION OF OTHER LA W. Nothing in this14

section shall be construed to exempt any activity of the15

A dministrator under this section f romthe Federal Credit16

Ref ormA ct of 1 9 9 0 (title V of the Congressional Budget17

andImpoundment Control A ct of 1 9 7 4; 2 U. S. C. 6 61 and18

f ollowing).19

(i) S UNSET . Loan guarantees may not be issued20

under this section af ter the date 9 0 days af ter the date21

of establishment (as determined by the A dministrator) of 22

theeconomicrecoveryprogramunder section6 2 0 4 .23

( j) S MA LL BUSINESS ACT PROVISIONS . The provi-24

sions of theSmall Business A ct applicable toloanguaran-25



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9 4


tees under section7 of that A ct shall applytoloanguaran-1

tees under this sectionexcept as otherwiseprovidedinthis2

section.3

(k ) A UTHORIZA TION . Thereareauthorizedtobeap-4

propriated such sums as may be necessary to carry out5

this section.6

SEC. 6202. ESTABLISHMENT OF SBA SECONDARY MARKET7

LENDING AUTHORITY.8

(a) P URPOSE . The purpose of this sectionis topro-9

vide theSmall Business A dministrationwiththeauthority10

toestablishaSecondaryMark et LendingA uthoritywithin11

theSBA tomak e loans tothesystemicallyimportant SBA12

secondary mark et brok er- dealers who operate the SBA13

secondarymark et.14



ministrator of the SBA .17

(2 ) The termSBA means the Small Business18

A dministration.19

(3) The terms Secondary Mark et Lending A u-20

thority andA uthority meanthe of f ice established21

under subsection(c).22

(4) The termSBA secondary mark et means23

the mark et f or the purchase and sale of loans origi-24



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9 5


nated, underwritten, and closed under the Small1

Business A ct.2

(5 ) The term Systemically Important Sec-3

ondary Mark et Brok er- Dealers mean those entities4

designated under subsection (c)(1 ) as vital to the5

continued operation of the SBA secondary mark et6

by reason of their purchase and sale of the govern-7

ment guaranteed portion of loans, or pools of loans,8

originated, underwritten, andclosedunder the Small9

Business A ct.10

(c) R ESPONSIBILITIES , AUTHORITIES , ORGA NIZA -11

TION , A ND LIMITA TIONS . 12

(1 ) D ESIGNA TION OF SYSTEMICA LLY IMPOR -13

TA NT SBA SECONDA RY MA RKET BROKER -DEA L -14

ERS . The A dministrator shall establisha process to15

designate, in consultation with the Board of Gov-16

ernors of the Federal Reserve and the Secretary of 17

the Treasury, Systemically Important Secondary18

Mark et Brok er- Dealers.19

(2 ) E STA BLISHMENT OFSBA SECONDA RY MA R -20

KET LENDINGA UTHORITY . 21

(A ) O RGA NIZA TION . 22

(i) The A dministrator shall establish23

within the SBA an of f ice to provide loans24

to Systemically Important Secondary Mar-25



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9 6


k et Brok er- dealers to be used f or the pur-1

pose of f inancing the inventory of the gov-2

ernment guaranteedportionof loans, origi-3

nated, underwritten, and closed under the4

Small Business A ct or pools of such loans.5

(ii) The A dministrator shall appoint a6

Director of the A uthority who shall report7

tothe A dministrator.8

(iii) The A dministrator is authorized9

to hire such personnel as are necessary to10

operate the A uthority.11

(iv) The A dministrator may contract12

suchA uthorityoperations as he determines13

necessary to qualif ied third- party compa-14

nies or individuals.15

(v) The A dministrator is authorizedto16

contract with private sector f iduciary and17

custodial agents as necessary to operate18

the A uthority.19

(B) L OA NS . 20

(i) The A dministrator shall establish21

by rule a process under whichSystemically22

Important SBA Secondary Mark et Brok er-23

Dealers designated under paragraph (1 )24



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9 7


may apply to the A dministrator f or loans1

under this section.2

(ii) The rule under clause (i) shall3

provide a process f or the A dministrator to4

consider and mak e decisions regarding5

whether or not toextenda loanappliedf or6

under this section. Such rule shall include7

provisions to assure each of the f ollowing:8

(I) That loans made under this9

section are f or the sole purpose of f i-10

nancing the inventory of the govern-11

ment guaranteed portion of loans,12

originated, underwritten, and closed13

under the Small Business A ct or pools14

of suchloans.15

(II) That loans made under this16

section are f ully collateralized to the17

satisf actionof the A dministrator.18

(III) That there is nolimit tothe19

f requency in which a borrower may20

borrowunder this section unless the21

A dministrator determines that doing22

so would create an undue risk of loss23

tothe agencyor the UnitedStates.24



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9 8


(IV) That there is nolimit onthe1

size of a loan, sub ject tothe discretion2

of the A dministrator.3

(iii) Interest on loans under this sec-4

tion shall not exceed the Federal Funds5

target rate as established by the Federal6

Reserve Board of Governors plus 2 5 basis7

points.8

(iv) The rule under this section shall9

provide f or such loandocuments, legal cov-10

enants, collateral requirements and other11

required documentation as necessary to12

protect the interests of the agency, the13

UnitedStates, andthe taxpayer.14

(v) The A dministrator shall establish15

custodial accounts to saf eguard any collat-16

eral pledgedto the SBA inconnectionwith17

a loanunder this section.18

(vi) The A dministrator shall establish19

a process to disburse and receive f unds to20

andf romborrowers under this section.21

(C) L IMITA TIONS ON USEOF LOA N PRO -22

CEEDS BY SYSTEMICA LLY IMPORTA NT SEC -23

ONDA RY MA RKET BROKER -DEA LERS . The A d-24

ministrator shall ensure that borrowers under25



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9 9


this sectionare usingf unds provided under this1

section only f or the purpose specif ied in sub-2

paragraph (B)(ii)(I). If the A dministrator f inds3

that such f unds were used f or any other pur-4

pose, the A dministrator shall5

(i) require immediate repayment of 6

outstandingloans;7

(ii) prohibit the borrower, its af f ili-8

ates, or anyf uture corporate manif estation9

of the borrower f romusing the A uthority;10

and11

(iii) tak e any other actions the A d-12

ministrator, inconsultationwith the A ttor-13

ney General of the United States, deems14

appropriate.15

(d) R EPORTTO CONGRESS . TheA dministrator shall16

submit a report toCongress not later thanthe thirdbusi-17

ness day of each month containing a statement of each18

of thef ollowing:19

(1 ) The aggregate loan amounts extended dur-20

ingthe precedingmonthunder this section.21

(2 ) The aggregate loan amounts repaid under22

this sectionduringthe proceedingmonth.23

(3) The aggregate loan amount outstanding24




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1 0 0


(4) The aggregate value of assets heldas collat-1

eral under this section;2

(5 ) The amount of anydef aults or delinquencies3

onloans made under this section.4

(6 ) The identity of any borrower f ound by the5

A dministrator to misuse f unds made available under6

this section.7

(7 ) A ny other inf ormation the A dministrator8

deems necessary to f ully inf ormCongress of undue9

risk of f inancial loss to the United States in connec-10

tionwithloans made under this section.11

(e) D URA TION . The authority of this section shall12

remain in ef f ect f or a period of 2 years af ter the date of 13

enactment of this section.14

(f ) F UNDING . Such sums as necessary are author-15

izedtobe appropriatedtocarryout the provisions of this16

section.17

(g) B UDGET TREA TMENT . Nothing in this section18

shall be construed to exempt any activityof the A dminis-19

trator under this section f romthe Federal Credit Ref orm20

A ct of 1 9 9 0 (title V of the Congressional Budget andIm-21

poundment Control A ct of 1 9 7 4; 2 U. S. C. 6 61 and f ol-22

lowing).23

(h) E MERGENCY RULEMA KING AUTHORITY . The24

A dministrator shall promulgateregulations under this sec-25



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1 0 1


tion within 1 5 days af ter the date of enactment of enact-1

ment of this section. In promulgating these regulations,2

the A dministrator the notice requirements of section3

5 5 3(b) of title5 of theUnitedStates Codeshall not apply.4

SEC. 6203. ESTABLISHMENT OF SBA SECONDARY MARKET5

GUARANTEE AUTHORITY.6

(a) P URPOSE . The purpose of this sectionis topro-7

vide the A dministrator with the authority toestablish the8

SBA Secondary Mark et Guarantee A uthority within the9

SBA toprovide a Federal guarantee f or pools of f irst lien10

5 0 4 loans that aretobesoldtothird- partyinvestors.11




(2 ) The term f irst lien position 5 0 4 loan 15

means the f irst mortgage position, non- f ederally16

guaranteed loans made by private sector lenders17

made under title V of the Small Business Invest-18

ment A ct.19

(c) E STA BLISHMENTOF AUTHORITY . 20

(1 ) O RGA NIZA TION . 21

(A ) The A dministrator shall establish a22

Secondary Mark et Guarantee A uthority within23

the Small Business A dministration.24



l:\VA\011509\A011509.004.xml



1 0 2


(B) The A dministrator shall appoint a Di-1

rector of the A uthority who shall report to the2

A dministrator.3

(C) The A dministrator is authorized to4

hire such personnel as are necessary to operate5

the A uthorityandmaycontract suchoperations6

of the A uthorityas necessary to qualif ied third-7

partycompanies or individuals.8

(D) The A dministrator is authorized to9

contract withprivate sector f iduciaryandcusto-10

dial agents as necessary to operate the A uthor-11

ity.12

(2 ) G UA RA NTEEPROCESS . 13

(A ) The A dministrator shall establish, by14

rule, a process in which private sector entities15

may apply to the A dministration f or a Federal16

guarantee on pools of f irst lien position 5 0 417

loans that are to be sold to third- party inves-18

tors.19

(B) The A dministrator shall appoint a Di-20

rector of the A uthority who shall report to the21

A dministrator.22

(C) The A dministrator is authorized to23

hire such personnel as are necessary to operate24

the A uthorityandmaycontract suchoperations25



l:\VA\011509\A011509.004.xml



1 0 3


of the A uthorityas necessary to qualif ied third-1

partycompanies or individuals.2

(D) The A dministrator is authorized to3

contract withprivate sector f iduciaryandcusto-4

dial agents as necessary to operate the A uthor-5

ity.6

(3) R ESPONSIBILITIES . 7

(A ) The A dministrator shall establish, by8

rule, a process in which private sector entities9

may apply to the SBA f or a Federal guarantee10

onpools of f irst lienposition 5 0 4 loans that are11

tobe soldtothird- partyinvestors.12

(B) The rule under this section shall pro-13

vide f or a process f or the A dministrator to con-14

sider and mak e decisions regarding whether to15

extend a Federal guarantee ref erred to in16

clause (i). Suchrule shall alsoprovide that:17

(i) The seller of the pools purchasing18

a guarantee under this section retains not19

less than5 percent of the dollar amount of 20

the pools to be sold to third- party inves-21

tors.22

(ii) The seller of such pools shall ab-23

sorb any and all losses resulting f roma24

shortage or excess of monthly cash f lows.25



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1 0 4


(iii) The A dministrator shall receive a1

monthly f ee of not more than 5 0 basis2

points on the outstanding balance of the3

dollar amount of the pools that are guar-4

anteed.5

(iv) The A dministrator mayguarantee6

not more than $3, 0 0 0 , 0 0 0 , 0 0 0 0 of pools7

under this authority.8

(C) The A dministrator shall establish doc-9

uments, legal covenants, and other required10

documentation to protect the interests of the11

UnitedStates.12

(D) The A dministrator shall establish a13

process to receive anddisburse f unds toentities14

under the authority established in this section.15

(d) L IMITA TIONS . 16

(1 ) The A dministrator shall ensure that entities17

purchasing a guarantee under this section are using18

such guarantee f or the purpose of selling 5 0 4 f irst19

lienpositionpools tothird- partyinvestors.20

(2 ) If the A dministrator f inds that any such21

guarantee was used f or a purpose other than that22

specif iedinparagraph(1 ), the A dministrator shall23

(A ) terminate such guarantee immediately,24



l:\VA\011509\A011509.004.xml



1 0 5


(B) prohibit the purchaser of the guar-1

antee or its af f iliates (withinthe meaningof the2

regulations under 1 3 CFR 1 2 1 . 1 0 3) f romusing3

the authority of this section in the f uture; and4

(C) tak e any other actions the A dminis-5

trator, in consultation with the A ttorney Gen-6

eral of the UnitedStates deems appropriate.7

(e) O VERSIGHT . The A dministrator shall submit a8

report to Congress not later than the third business day9

of eachmonthsettingf ortheachof thef ollowing:10

(1 ) The aggregate amount of guarantees ex-11

tended under this section during the proceeding12

month.13

(2 ) The aggregate amount of guarantees out-14

standing.15

(3) Def aults and payments on def aults made16


(4) The identity of each purchaser of a guar-18

antee f ound by the A dministrator to have misused19

guarantees under this section.20

(5 ) A ny other inf ormation the A dministrator21

deems necessary to f ully inf ormCongress of undue22

risk to the United States associated with the23

issuance of guarantees under this section.24



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1 0 6


(f ) D URA TION OF PROGRA M . The authority of this1

sectionshall terminate on the date 2 years af ter the date2

of enactment of this section.3

(g) F UNDING . Such sums as necessary are author-4

izedtobe appropriatedtocarryout the provisions of this5

section.6

(h) B UDGET TREA TMENT . Nothing in this section7

shall be construed to exempt any activityof the A dminis-8

trator under this section f romthe Federal Credit Ref orm9

A ct of 1 9 9 0 (title V of the Congressional Budget andIm-10

poundment Control A ct of 1 9 7 4; 2 U. S. C. 6 61 and f ol-11

lowing).12

(i) E MERGENCY RULEMA KING AUTHORITY . The13

A dministrator shall issue regulations under this section14

within 1 5 days af ter the date of enactment of this section.15

The notice requirements of section 5 5 3(b) of Title 5 ,16

United States Code shall not apply to the promulgation17

of suchregulations.18

SEC. 6204. ECONOMIC RECOVERY PROGRAM.19

(a) P URPOSE . The purpose of this section is to es-20

tablisha newlendingandref inancingauthoritywithinthe21

Small Business A dministration.22






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1 0 7


(2 ) The termsmall business concern has the1

same meaning as provided by section 3 of the Small2

Business A ct (1 5 U. S. C. 6 32 ).3

(c) R EFINA NCING AUTHORITY . 4

(1 ) I N GENERA L . Upon application f rom a5

lender (and with consent of the borrower), the A d-6

ministrator may ref inance existing non- Small Busi-7

ness A dministration or Small Business A dministra-8

tion loans (including loans under sections 7 (a) and9

5 0 4 of the Small Business A ct) made to small busi-10

ness concerns.11

(2 ) E LIGIBLELOA NS . In order to be eligible12

f or ref inancingunder this section13

(A ) the amount of the loanref inancedmay14

not exceed$1 0 , 0 0 0 , 0 0 0 anda f irst lienmust be15

conveyedtothe A dministrator;16

(B) the lender shall of f er to accept f rom17

the A dministrator as f ull repayment of the loan18

an amount equal to less than 1 0 0 percent but19

more than 8 5 percent of the remaining balance20

of the principal of the loan; and21

(C) the loantobe ref inancedwas made be-22

f ore the date of enactment of this A ct and f or23

a purpose that would have been eligible f or a24



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1 0 8


loan under any Small Business A dministration1

lendingprogram.2

(3) T ERMS . The termof the ref inancing by3

the A dministrator under this section shall not be4

less than remaining termon the loan that is ref i-5

nanced but shall not exceed a termof 2 0 years. The6

rate of interest on the loan ref inanced under this7

section shall be f ixed by the A dministrator at a level8

that the A dministrator determines will result in9

manageable monthlypayments f or the borrower.10

(4) L IMIT . The A dministrator may not ref i-11

nance amounts under this section that are greater12

than the amount the lender agrees to accept f rom13

the A dministrator as f ull repayment of the loan as14

providedinparagraph(2 )(B).15

(d) U NDERWRITINGA ND OTHER LOA N SERVICES . 16

(1 ) I N GENERA L . The A dministrator is au-17

thorized to engage in underwriting, loan closing,18

f unding, and servicing of loans made to small busi-19

ness concerns and to guarantee loans made by other20

entities tosmall business concerns.21

(2 ) A PPLICA TION PROCESS . The A dminis-22

trator shall by rule establish a process in which23

small business concerns may submit applications to24

the A dministrator f or the purposes of securing a25



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1 0 9


loan under this subsection. The A dministrator shall,1

at a minimum, collect all inf ormation necessary to2

determine the creditworthiness and repayment abil-3

ityof the borrower.4

(3) P A RTICIPA TION OFLENDERS . 5

(A ) The A dministrator shall by rule estab-6

lisha process inwhichthe A dministrator mak es7

available loan applications and all accom-8

panying inf ormation to lenders f or the purpose9

of such lenders originating, underwriting, clos-10

ing, andservicingsuchloans.11

(B) Lenders are eligible to receive loanap-12

plications and accompanying inf ormation under13

this paragraph if they participate in the pro-14

grams established in section 7 (a) of the Small15

Business A ct (1 5 U. S. C. 6 36 ) or title V of the16

Small Business Investment A ct (1 5 U. S. C.17

6 9 5 ).18

(C) The A dministrator shall f irst mak e19

available such loan applications and accom-20

panyinginf ormationtolenders within 1 0 0 miles21

of a loanapplicant s principal of f ice.22

(D) If a lender described in subparagraph23

(C) does not agree to originate, underwrite,24

close, and service such loans within 5 business25



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1 1 0


days of receiving the loan applications, the A d-1

ministrator shall subsequently mak e available2

such loan applications and accompanying inf or-3

mationtolenders inthe Pref erredLenders Pro-4

gramunder section 7 (a)(2 )(C)(ii) of the Small5

Business A ct (1 5 U. S. C. 6 36 ).6

(E) If a lender described in subparagraph7

(C) or (D) does not agree to originate, under-8

write, close, and service such loans within 1 09

business days of receiving the loan applications,10

the A dministrator may originate, underwrite,11

close, and service such loans as described in12

paragraph(1 ) of this subsection.13

(4) A SSET SA LES . The A dministrator shall14

of f er to sell loans made or ref inancedby the A dmin-15

istrator under this section. Such sales shall be made16

through semi- annual public solicitation (in the Fed-17

eral Register and in other media) of of f ers to pur-18

chase. The A dministrator may contract withvendors19

f or due diligence, asset valuation, and other services20

related to such sales. The A dministrator may not21

sell any loanunder this section f or less than 9 0 per-22

cent of the net present value of the loan, as deter-23

minedandcertif iedbya qualif iedthird- party.24



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1 1 1


(5 ) L OA NS NOT SOLD . The A dministrator1

shall maintainandservice loans made bythe A dmin-2

istrator under this section that are not sold through3

the asset sales under this section.4

(e) D URA TION . The authority of this section shall5

terminate on the date two years af ter the date on which6

the programunder this section becomes operational (as7

determinedbytheA dministrator).8

(f ) A PPLICA TION OF OTHER LA W. Nothing in this9

section shall be construed to exempt any activity of the10

A dministrator under this section f romthe Federal Credit11

Ref ormA ct of 1 9 9 0 (title V of the Congressional Budget12

andImpoundment Control A ct of 1 9 7 4; 2 U. S. C. 6 61 and13

f ollowing).14

(g) Q UA LIFIED LOA NS . 15

(1 ) A LIENS UNLA WFULLY PRESENT IN THE 16

UNITED STA TES . A loan to any concern shall not17

be sub ject to this section if an individual who is an18

alienunlawf ullypresent inthe UnitedStates19

(A ) has an ownership interest in that con-20

cern; or21

(B) has an ownership interest in another22

concern that itself has an ownership interest in23

that concern.24



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1 1 2


(2 ) F IRMS IN VIOLA TION OF IMMIGRA TION 1

LA WS. No loan shall be sub ject to this section if 2

the borrower is an entity f ound, based on a deter-3

mination by the Secretary of Homeland Security or4

the A ttorney General to have engaged in a pattern5

or practice of hiring, recruiting or ref erring f or a6

f ee, f or employment in the United States an alien7

k nowingthe personis anunauthorizedalien.8

(h) R EPORTS . The A dministrator shall submit a re-9

port toCongress semi- annuallysettingf orththeaggregate10

amount of loans and geographic dispersion of such loans11

made, underwritten, closed, f unded, serviced, sold, guaran-12

teed, or held by the A dministrator under the authorityof 13

this section. Such report shall also set f orth inf ormation14

concerning loan def aults, prepayments, and recoveries re-15

lated to loans , made under the authority of this section.16

(i) A UTHORIZA TION . There are authorizedtobe ap-17

propriated such sums as may be necessary to carry out18

this section.19

SEC. 6205. STIMULUS FOR COMMUNITY DEVELOPMENT20

LENDING.21

(a) R EFINA NCING UNDER THE LOCA L DEVELOP -22

MENT BUSINESS LOA N PROGRA M . Section 5 0 2 of the23

Small Business Investment A ct of 1 9 5 8 (1 5 U. S. C. 6 9 6 )24

is amendedbyaddingat theendthef ollowing:25



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1 1 3


(7 ) P ERMISSIBLEDEBTREFINA NCING . 1

(A ) I N GENERA L . A ny f inancing ap-2

proved under this title may include a limited3

amount of debt ref inancing.4

(B) E XPA NSIONS . If the pro ject involves5

expansion of a small business concern which6

has existing indebtedness collateralized by f ixed7

assets, any amount of existing indebtedness8

that does not exceed 12 of the pro ject cost of 9

the expansion may be ref inanced and added to10

the expansioncost, if 11

(i) the proceeds of the indebtedness12

were used to acquire land, including a13

building situated thereon, to construct a14

building thereon, or to purchase equip-15

ment;16

(ii) the borrower has beencurrent on17

all payments due on the existing debt f or18

not less than 1 year preceding the date of 19

ref inancing; and20

(iii) the f inancing under section 5 0 421

will provide better terms or rate of interest22

than exists on the debt at the time of ref i-23

nancing. .24



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1 1 4


(b) J OB CREA TION GOA LS . Section 5 0 1 (e)(1 ) and1

section 5 0 1 (e)(2 ) of the Small Business Investment A ct2

(1 5 U. S. C. 6 9 5 ) are eachamendedbystrik ing$5 0 , 0 0 0 3

andinserting$6 5 , 0 0 0 .4

SEC. 6206. INCREASING SMALL BUSINESS INVESTMENT.5

(a) S IMPLIFIED MA XIMUM LEVERA GE LIMITS . Sec-6

tion30 3(b) of the Small Business Investment A ct of 1 9 5 87

(1 5 U. S. C. 6 8 3(b)) is amended8

(1 ) by strik ing so much of paragraph (2 ) as9

precedes subparagraphs (C) and (D) and inserting10

the f ollowing:11

(2 ) M A XIMUMLEVERA GE . 12

(A ) I N GENERA L . The maximum13

amount of outstanding leverage made available14

to any one company licensed under section15

30 1 (c) of this A ct may not exceed the lesser16

of 17

(i) 30 0 percent of such company s18

private capital; or19

(ii) $1 5 0 , 0 0 0 , 0 0 0 .20

(B) M ULTIPLE LICENSES UNDER COM -21

MON CONTROL . The maximumamount of out-22

standingleverage made available totwoor more23

companies licensed under section 30 1 (c) of this24

A ct that are commonly controlled (as deter-25



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1 1 5


mined by the A dministrator) and not under1

capital impairment may not exceed2

$2 2 5 , 0 0 0 , 0 0 0 . ; and3

(2 ) bystrik ingparagraph(4).4

(b) S IMPLIFIED AGGREGA TE INVESTMENT LIMITA -5

TIONS . Section306(a) of the Small Business Investment6

A ct of 1 9 5 8 (1 5 U. S. C. 6 8 6 (a)) is amended to read as7

f ollows:8

(a) P ERCENTA GE LIMITA TION ON PRIVA TE CA P-9

ITA L . If anysmall business investment companyhas ob-10

tainedf inancingf romthe A dministrator andsuchf inanc-11

ingremains outstanding, the aggregate amount of securi-12

ties acquired and f or which commitments may be issued13

bysuchcompanyunder the provisions of this title f or any14

singleenterpriseshall not, without theapproval of theA d-15

ministrator, exceed 1 0 percent of thesumof 16

(1 ) the private capital of such company; and17

(2 ) the total amount of leverage pro jected by18

the company in the company s business plan that19

was approved by the A dministrator at the time of 20

the grant of the company s license. .21

SEC. 6207. GAO REPORT.22

(a) R EPORT . Not later than30 days af ter theenact-23

ment of this A ct, the Comptroller General of the United24

States shall report to the Congress on the actions of the25



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1 1 6


A dministrator in implementing the authority established1

insections 62 0 1 through6 2 0 6 of this A ct.2

(b) I NCLUDED ITEM . The report under this section3

shall include a summary of the activity of the A dminis-4

trator under this section and an analysis of whether he5

is accomplishingthe purpose of increasingliquidity inthe6

secondary mark et f or Small Business A dministration7

loans.8

TITLE VII—HOMELAND9

SECURITY10

DEPA RTMENT OFHOMELA ND SECURITY11

U. S. CUSTOMS A ND BORDER PROTECTION 12



penses , $1 0 0 , 0 0 0 , 0 0 0 , f or non- intrusive detection tech-15

nologytobedeployedat seaports of entry.16

CONSTRUCTION 17


$1 5 0 , 0 0 0 , 0 0 0 , torepair andconstruct inspectionf acilities19

at landborder ports of entry.20

TRA NSPORTA TION SECURITY ADMINISTRA TION 21

A VIA TION SECURITY 22

For an additional amount f or A viation Security ,23

$5 0 0 , 0 0 0 , 0 0 0 , f or the purchase and installation of explo-24

sive detection systems and emerging check point tech-25



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1 1 7


nologies: Provided, That theA ssistant Secretaryof Home-1

land Security (Transportation Security A dministration)2

shall prioritize the award of these f unds to accelerate the3

installations at locations withcompleteddesignplans and4

toexpeditiouslyawardnewletters of intent.5

COA ST GUA RD 6

A LTERA TION OFBRIDGES 7

For an additional amount f or A lteration of 8

Bridges , $1 5 0 , 0 0 0 , 0 0 0 , f or alteration or removal of ob-9

structive bridges, as authorized by section 6 of the Tru-10

man- Hobbs A ct (33 U. S. C. 5 1 6): Provided, That the11

Coast Guardshall awardthese f unds tothosebridges that12

arereadytoproceedtoconstruction.13

F EDERA L EMERGENCY MA NA GEMENT AGENCY 14

EMERGENCY FOOD A ND SHELTER 15

For anadditional amount f or EmergencyFoodand16

Shelter , $2 0 0 , 0 0 0 , 0 0 0 , to carry out the emergency f ood17

and shelter programpursuant to title III of the McKin-18

ney- Vento Homeless A ssistance A ct (42 U. S. C. 1 1 331 et19

seq. ): Provided, That f or the purposes of this appropria-20

tion, the redistribution required by section 1 1 0 4 (b) shall21

be carried out by the Federal Emergency Management22

A gency and the National Board, who may reallocate and23

obligate any f unds that are unclaimed or returned to the24

program: Provided further, That the amount set aside25



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1 1 8


f romthis appropriation pursuant to section 1 1 0 6 of this1

A ct shall be3. 5 percent insteadof thepercentagespecif ied2

insuchsection.3

TITLE VIII—INTERIOR AND4

ENVIRONMENT5

DEPA RTMENT OFTHEINTERIOR6

BUREA U OF LA ND MA NA GEMENT 7

CONSTRUCTION 8



$32 5 , 0 0 0 , 0 0 0 , f or priority road, bridge, and trail repair11

or decommissioning, critical def erred maintenance12

pro jects, f acilities constructionand renovation, hazardous13

f uels reduction, and remediation of abandoned mine or14

well sites: Provided, That f unds may be transf erred to15

other appropriate accounts of the Bureau of Land man-16

agement: Provided further, That the amount set aside17

f romthis appropriation pursuant to section 1 1 0 6 of this18

A ct shall be not more than 5 percent instead of the per-19

centagespecif iedinsuchsection.20

UNITED STA TES F ISHA ND WILDLIFE SERVICE 21

CONSTRUCTION 22



$30 0 , 0 0 0 , 0 0 0 , f or priority roadandbridge repair andre-25



l:\VA\011509\A011509.004.xml



1 1 9


placement, andcritical def erredmaintenanceandimprove-1

ment pro jects onNational Wildlif eRef uges, National Fish2

Hatcheries, and other Service properties: Provided, That3

f unds may be transf erred to Resource Management :4

Provided further, That the amount set aside f romthis ap-5

propriation pursuant to section 1 1 0 6 of this A ct shall be6

not more than 5 percent instead of the percentage speci-7

f iedinsuchsection.8

NA TIONA L PA RK SERVICE 9

CONSTRUCTION 10



$1 , 7 0 0 , 0 0 0 , 0 0 0 , f or pro jects to address critical def erred13

maintenance needs within the National Park System, in-14

cludingroads, bridges andtrails, andf or other critical in-15

f rastructure pro jects: Provided, That f unds maybe trans-16

f erred to Operation of the National Park System : Pro-17

vided further, That $2 0 0 , 0 0 0 , 0 0 0 of these f unds shall be18

f or pro jects related to the preservation and repair of his-19

torical and cultural resources within the National Park 20

System: Provided further, That the amount set aside f rom21

this appropriation pursuant to section 1 1 0 6 of this A ct22

shall benot more than5 percent insteadof thepercentage23

specif iedinsuchsection.24



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1 2 0


NA TIONA L MA LL REVITA LIZA TION FUND 1

For construction, improvements, repair, or replace-2

ment of f acilities related to the revitalization of National3

Park Service assets on the National Mall in Washington,4

DC, $2 0 0 , 0 0 0 , 0 0 0 , of which $1 0 0 , 0 0 0 , 0 0 0 shall only be5

made available to the extent that f unds are matched by6

non- Federal contributions: Provided, That the amount set7

aside f romthis appropriationpursuant tosection 1 1 0 6 of 8

this A ct shall be not more than 5 percent instead of the9

percentagespecif iedinsuchsection.10

CENTENNIAL CHA LLENGE 11

To carry out provisions of section 8 1 4 (g) of Public12

Law1 0 4333 relatingtochallengecost shareagreements,13

$1 0 0 , 0 0 0 , 0 0 0 , f or National ParkServiceCentennial Chal-14

lengesignaturepro jects andprograms: Provided, That not15

less than 5 0 percent of the total cost of each pro ject or16

programis derived f romnon- Federal sources in the f orm17

of donated cash, assets, in- k ind services, or a pledge of 18

donationguaranteedbyanirrevocableletter of credit: Pro-19

vided further, That the amount set aside f romthis appro-20

priationpursuant tosection 1 1 0 6 of this A ct shall be not21

more than 5 percent instead of the percentage specif ied22

insuchsection.23



l:\VA\011509\A011509.004.xml



1 2 1


UNITED STA TES GEOLOGICA L SURVEY 1

SURVEYS , INVESTIGA TIONS , A ND RESEA RCH 2

For an additional amount f or Surveys, Investiga-3

tions, and Research , $2 0 0 , 0 0 0 , 0 0 0 , f or repair and res-4

torationof f acilities; equipment replacement andupgrades5

including streamgages, and seismic and volcano moni-6

toring systems; national map activities; and other critical7

def erred maintenance and improvement pro jects: Pro-8

vided, That the amount set aside f romthis appropriation9

pursuant to section 1 1 0 6 of this A ct shall be not more10

than5 percent insteadof the percentage specif iedinsuch11

section.12

BUREA U OF INDIA N AFFA IRS 13

CONSTRUCTION 14



$5 0 0 , 0 0 0 , 0 0 0 , f or priority repair and replacement of 17

schools, detention centers, roads, bridges, employee hous-18

ing, and critical def erred maintenance pro jects: Provided,19

That not less than $2 5 0 , 0 0 0 , 0 0 0 shall be used f or new20

and replacement schools and detention centers: Provided21

further, That f unds may be transf erred to Operation of 22

IndianPrograms : Provided further, That the amount set23




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1 2 3


STA TEA ND TRIBA L ASSISTA NCE GRA NTS 1

For an additional amount f or State and Tribal A s-2

sistance Grants , $8 , 40 0 , 0 0 0 , 0 0 0 , whichshall be usedas3

f ollows:4

(1 ) $6 , 0 0 0 , 0 0 0 , 0 0 0 shall be f or capitalization5

grants f or the Clean Water State Revolving Funds6

under title VI of the Federal Water Pollution Con-7

trol A ct (33 U. S. C. 1 38 1 et seq. ), except that such8

f unds shall not be sub ject to the State matching re-9

quirements in paragraphs (2 ) and (3) of section10

6 0 2 (b) of suchA ct or tothe Federal cost share limi-11

tations in section 2 0 2 of such A ct: Provided, That12

the amount set aside f romthis appropriation pursu-13

ant to section 1 1 0 6 of this A ct shall be not more14

than2 percent insteadof the percentage specif ied in15

such section: Provided further, That, notwith-16

standing the limitation on amounts specif ied in sec-17

tion 5 1 8 (c) of the Federal Water Pollution Control18

A ct, up to a total of 1 . 5 percent of such f unds may19

be reserved by the A dministrator of the Environ-20

mental Protection A gency f or grants under section21

5 1 8 (c) of such A ct: Provided further, That the re-22

quirements of section5 1 3 of such A ct shall apply to23

the construction of treatment work s carried out in24

whole or in part with assistance made available25



l:\VA\011509\A011509.004.xml



1 2 4


under this heading by a C lean Water State Revolv-1

ing Fund under title VI of such A ct, or with assist-2

ance made available under section 2 0 5 (m) of such3

A ct, or both: Provided further, That, notwith-4

standing the requirements of section 6 0 3(d) of such5

A ct, each State shall use 5 0 percent of the amount6

of the capitalization grant received by the State7

under title VI of such A ct to provide assistance, in8

the f ormof additional subsidization, including f or-9

giveness of principal, negative interest loans, and10

grants, to municipalities (as def ined in section 5 0 211

of such A ct) f or pro jects that are included on the12

State s priority list established under section 6 0 3(g)13

of suchA ct, of which 8 0 percent shall be f or pro jects14

to benef it municipalities that meet af f ordability cri-15

teria as determined by the Governor of the State16

and 2 0 percent shall be f or pro jects to address17

water- ef f iciency goals, address energyef f iciency18

goals, mitigate stormwater runof f , or encourage en-19

vironmentally sensitive pro ject planning, design, and20

construction, to the extent that there are suf f icient21

pro ject applications eligible f or suchassistance.22

(2 ) $2 , 0 0 0 , 0 0 0 , 0 0 0 shall be f or capitalization23

grants f or the Drink ing Water State Revolving24

Funds under section 1 45 2 of the Saf e Drink ing25



l:\VA\011509\A011509.004.xml



1 2 5


Water A ct (42 U. S. C. 30 0 j- 1 2 ), except that such1

f unds shall not be sub ject to the State matching re-2

quirements of section 1 4 5 2 (e) of suchA ct: Provided,3

That the amount set aside f romthis appropriation4

pursuant to section 1 1 0 6 of this A ct shall be not5

more than2 percent insteadof the percentage speci-6

f ied in such section: Provided further, That section7

1 4 5 2 (k ) of the Saf e Drink ing Water A ct shall not8

apply to such f unds: Provided further, That the re-9

quirements of section 1 45 0 (e) of such A ct (4210

U. S. C. 30 0 j- 9 (e)) shall apply to the construction11

carried out in whole or part with assistance made12

available under this heading by a Drink ing Water13

State Revolving f und under section 1 45 2 of such14

A ct: Provided further, That, notwithstanding the re-15

quirements of section 1 4 5 2 (a)(2 ) of such A ct, each16

State shall use 5 0 percent of the amount of the cap-17

italization grant received by the State under section18

1 4 5 2 of such A ct to provide assistance, in the f orm19

of additional subsidization, including f orgiveness of 20

principal, negative interest loans, andgrants, tomu-21

nicipalities (as def ined in section 1 4 0 1 of such A ct)22

f or pro jects that are included on the State s priority23

list established under section 1 45 2 (b)(3) of such24

A ct.25



l:\VA\011509\A011509.004.xml



1 2 6


(3) $30 0 , 0 0 0 , 0 0 0 shall be f or grants under title1

VII, Subtitle Gof the Energy Policy A ct of 2 0 0 5 :2

Provided, That the amount set aside f romthis ap-3

propriation pursuant to section 1 1 0 6 of this A ct4

shall be not more than 3 percent instead of the per-5

centage specif iedinsuchsection.6

(4) $1 0 0 , 0 0 0 , 0 0 0 shall be to carry out section7

1 0 4 (k ) of the Comprehensive Environmental Re-8

sponse, Compensation, and Liability A ct of 1 9 8 0 :9

Provided, That the amount set aside f romthis ap-10

propriation pursuant to section 1 1 0 6 of this A ct11

shall be not more than 3 percent instead of the per-12

centage specif iedinsuchsection.13

DEPA RTMENT OFA GRICULTURE14

F OREST SERVICE 15

CA PITA L IMPROVEMENT A ND MA INTENA NCE 16


For an additional amount f or Capital Improvement18

andMaintenance , $6 5 0 , 0 0 0 , 0 0 0 , f or reconstruction, cap-19

ital improvement, decommissioning, and maintenance of 20

f orest roads, bridges and trails; alternative energy tech-21

nologies, energy ef f iciency enhancements and def erred22

maintenance at Federal f acilities; and f or remediation of 23

abandoned mine sites, removal of f ish passage barriers,24

and other critical habitat, f orest improvement and water-25



l:\VA\011509\A011509.004.xml



1 2 7


shed enhancement pro jects on Federal lands and waters:1

Provided, That f unds may be transf erred to National2

Forest System : Provided further, That the amount set3


this A ct shall be not more than 5 percent instead of the5


WILDLA ND FIREMA NA GEMENT 7


For an additional amount f or Wildland Fire Man-9

agement , $8 5 0 , 0 0 0 , 0 0 0 , of which $30 0 , 0 0 0 , 0 0 0 is f or10

hazardous f uels reduction, f orest health, wood to energy11

grants and rehabilitation and restoration activities on12

Federal lands, andof which$5 5 0 , 0 0 0 , 0 0 0 is f or State f ire13

assistance hazardous f uels pro jects, volunteer f ire assist-14

ance, cooperative f orest health pro jects, city f orest en-15

hancements, andwoodtoenergygrants onState andpri-16

vate lands: Provided, That amounts inthis paragraphmay17

be transf erred to State andPrivate Forestry and Na-18

tional Forest System : Provided further, That the amount19

set asidef romthis appropriationpursuant tosection 1 1 0 620

of this A ct shall be not more than 5 percent instead of 21

thepercentagespecif iedinsuchsection.22



l:\VA\011509\A011509.004.xml



1 2 8


DEPA RTMENT OFHEA LTHAND HUMA N1

SERVICES2

INDIA N HEA LTH SERVICE 3

INDIA N HEA LTHFA CILITIES 4

For anadditional amount f or IndianHealthFacili-5

ties , $5 5 0 , 0 0 0 , 0 0 0 , f or priorityhealthcare f acilities con-6

structionpro jects anddef erredmaintenance, andthe pur-7

chase of equipment andrelatedservices, includingbut not8

limited to health inf ormation technology: Provided, That9

notwithstanding any other provision of law, the amounts10

available under this paragraph shall be allocated at the11

discretion of the Director of the Indian Health Service:12

Provided further, That the amount set aside f romthis ap-13

propriation pursuant to section 1 1 0 6 of this A ct shall be14

not more than 5 percent instead of the percentage speci-15

f iedinsuchsection.16

OTHER RELA TED A GENCIES17

SMITHSONIA N INSTITUTION 18

FA CILITIES CA PITA L 19


For an additional amount f or Facilities Capital ,21

$1 5 0 , 0 0 0 , 0 0 0 , f or def erredmaintenance pro jects, andf or22

repair, revitalization, and alteration of f acilities owned or23

occupied by the Smithsonian Institution, by contract or24

otherwise, as authorizedbysection2 of the A ct of A ugust25



l:\VA\011509\A011509.004.xml



1 2 9


2 2 , 1 9 49 (6 3 Stat. 6 2 3): Provided, That f unds may be1

transf erredto Salaries andExpenses : Provided further,2


ant to section 1 1 0 6 of this A ct shall be not more than4

5 percent instead of the percentage specif ied in such sec-5

tion.6

NA TIONA L F OUNDA TION ON THE ARTS A ND THE 7

HUMA NITIES 8

NA TIONA L ENDOWMENT FOR THE ARTS 9

GRA NTS A ND A DMINISTRA TION 10

For an additional amount f or Grants andA dminis-11

tration , $5 0 , 0 0 0 , 0 0 0 , to be distributed in direct grants12

to f undarts pro jects andactivities whichpreserve jobs in13

thenon- prof it arts sector threatenedbydeclines inphilan-14

thropic and other support during the current economic15

downturn: Provided, That 40 percent of such f unds shall16

be distributedtoState arts agencies andregional arts or-17

ganizations in a manner similar to the agency s current18

practiceand 6 0 percent of suchf unds shall bef or competi-19

tivelyselectedarts pro jects andactivities accordingtosec-20

tions 2 and 5 (c) of the National Foundation on the A rts21

and Humanities A ct of 1 9 65 (2 0 U. S. C. 9 5 1 , 9 5 4(c)):22

Provided further, That matching requirements under sec-23

tion 5 (e) of such A ct shall be waived: Provided further,24




l:\VA\011509\A011509.004.xml





1 31


such f unds, section 1 0 1 (1 3)(A ) of the WIA shall be1

applied by substituting age 2 4 f or age 2 1 : Pro-2

vided further, That no portion of the additional3

f unds provided herein shall be reserved to carry out4

section 1 2 7 (b)(1 )(A ) of the WIA : Provided further,5

That f or purposes of section 1 2 7 (b)(1 )(C)(iv) of the6

WIA , such f unds shall be allotted as if the total7

amount of f unding available f or youth activities in8

the f iscal year does not exceed$1 , 0 0 0 , 0 0 0 , 0 0 0 ;9

(3) $1 , 0 0 0 , 0 0 0 , 0 0 0 f or grants to the States f or10

dislocated work er employment and training activi-11

ties;12

(4) $5 0 0 , 0 0 0 , 0 0 0 f or the dislocated work ers as-13

sistance national reserve to remain available f or14

Federal obligationthroughJune 30 , 2 0 1 0 : Provided,15

That such f unds shall be made available f or grants16

only to eligible entities that serve areas of high un-17

employment or high poverty and only f or the pur-18

poses described in subsection 1 7 3(a)(1 ) of the WIA :19

Provided further, That the Secretary of Labor shall20

ensure that applicants f or such f unds demonstrate21

howincome support, childcare, andother supportive22

services necessaryf or anindividual s participationin23

jobtrainingwill be provided;24



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1 32


(5 ) $5 0 , 0 0 0 , 0 0 0 f or YouthBuild activities,1

which shall remain available f or Federal obligation2

throughJune 30 , 2 0 1 0 ; and3

(6 ) $7 5 0 , 0 0 0 , 0 0 0 f or a programof competitive4

grants f or work er training and placement in high5

growth and emerging industry sectors: Provided,6

That $5 0 0 , 0 0 0 , 0 0 0 shall be f or research, labor ex-7

change and job training pro jects that prepare work -8

ers f or careers in the energy ef f iciency and renew-9

able energy industries specif ied in section10

1 7 1 (e)(1 )(B)(ii) of the WIA (as amended by the11

Green Jobs A ct of 2 0 0 7 ): Provided further, That in12

awarding grants f romthose f unds not designated in13

the preceding proviso, the Secretary of Labor shall14

give priority topro jects that prepare work ers f or ca-15

reers in the health care sector: Provided further,16

That the provisions of section1 1 03 of this A ct shall17

not applytothis appropriation:18

Provided, That the additional f unds provided to States19

under this heading are not sub ject to section 1 9 1 (a) of 20

the WIA : Provided further, That notwithstanding section21

1 1 0 6 of this A ct, there shall be noamount set aside f rom22

the appropriations made in subsections (1 ) through (3)23

under this heading and the amount set aside f or sub-24



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1 33


sections (4) through (6 ) shall be up to 1 percent instead1

of thepercentagespecif iedinsuchsection.2

COMMUNITY SERVICEEMPLOYMENT FOR OLDER 3

A MERICA NS 4

For an additional amount f or Community Service5

Employment f or Older A mericans tocarryout title V of 6

the Older A mericans A ct of 1 9 6 5 , $1 2 0 , 0 0 0 , 0 0 0 , which7

shall be available f or obligation on the date of enactment8

of this A ct: Provided, That f unds shall be allotted within9

30 days of suchenactment tocurrent grantees inpropor-10

tiontotheir allotment inprogramyear 2 0 0 8 .11

STA TEUNEMPLOYMENT INSURA NCEA ND EMPLOYMENT 12

SERVICEOPERA TIONS 13

For an additional amount f or State Unemployment14

Insurance and Employment Service Operations f or15

grants to the States in accordance with section 6 of the16

Wagner- Peyser A ct, $5 0 0 , 0 0 0 , 0 0 0 , which may be ex-17

pendedf romtheEmployment SecurityA dministrationA c-18

count in the Unemployment Trust Fund, and whichshall19

beavailable f or obligationonthedateof enactment of this20

A ct: Provided, That such f unds shall remain available to21

the States throughSeptember 30 , 2 0 1 0 : Provided further,22

That, with respect to such f unds, section 6 (b)(1 ) of such23

A ct shall be appliedbysubstitutingone- third f or two-24

thirds insubparagraph(A ), withthe remainingone- third25



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1 34


of the sums to be allotted in accordance with section1

1 32 (b)(2 )(B)(ii)(III) of the Work f orce Investment A ct of 2

1 9 9 8 : Provided further, That not less than $2 5 0 , 0 0 0 , 0 0 03

of the amount provided under this heading shall be used4

byStates f or reemployment services f or unemployment in-5

surance claimants (including the integrated Employment6

Service and Unemployment Insurance inf ormation tech-7

nology required to identif y and serve the needs of such8

claimants): Provided further, That the Secretaryof Labor9

shall establish planning and reporting procedures nec-10

essary to provide oversight of f unds used f or reemploy-11

ment services.12

DEPA RTMENTA L MA NA GEMENT 13



For an additional amount f or Departmental Man-16

agement , $8 0 , 0 0 0 , 0 0 0 , f or the enf orcement of work er17

protection laws and regulations, oversight, and coordina-18

tionactivities relatedto the inf rastructure andunemploy-19

ment insurance investments in this A ct: Provided, That20

the Secretary of Labor may transf er such sums as nec-21

essary to Employment and Standards A dministration ,22

Occupational Saf ety and Health A dministration , and23

Employment and Training A dministration Program24

A dministration f or enf orcement, oversight, andcoordina-25



l:\VA\011509\A011509.004.xml



1 35


tionactivities: Provided further, That theprovisions of sec-1

tion 1 1 0 6 of this A ct shall not applytothis appropriation.2

OFFICEOFJOB CORPS 3

For anadditional amount f or Of f ice of JobCorps ,4

$30 0 , 0 0 0 , 0 0 0 , f or construction, rehabilitationandacquisi-5

tion of Job Corps Centers, which shall be available upon6

the date of enactment of this A ct and remain available7

f or obligationthroughJune 30 , 2 0 1 0 : Provided, That sec-8

tion 1 5 5 2 (a) of title 31 , United States Code shall not9

apply to up to 30 percent of such f unds, if such f unds10

are used f or a multi- year lease agreement that will result11

in construction activities that can commence within 1 2 012

days of enactment of this A ct: Provided further, That not-13

withstanding section 332 4(a) of title 31 , United States14

Code, the f unds ref erred to in the preceding proviso may15

be used f or advance, progress, and other payments: Pro-16

vided further, That the Secretary of Labor may transf er17

up to 1 5 percent of such f unds to meet the operational18

needs of suchcenters, whichmayinclude the provisionof 19

additional trainingf or careers inthe energyef f iciencyand20

renewable energy industries: Provided further, That pri-21

ority should be given to activities that can commence22

promptly f ollowing enactment and to those pro jects that23

will create the greatest impact on the energyef f iciencyof 24

Job Corps f acilities: Provided further, That the Secretary25



l:\VA\011509\A011509.004.xml



1 36


shall provide to the Committees on A ppropriations of the1

House of Representatives and the Senate a report on the2

actual obligations, expenditures, andunobligatedbalances3

f or eachactivityf undedunder this headingnot later than4

September 30 , 2 0 0 9 and quarterly thereaf ter as long as5

f unding provided under this heading is available f or obli-6

gationor expenditure.7

Subtitle B—Health and Human8

Services9

DEPA RTMENT OFHEA LTHAND HUMA N10

SERVICES11

HEA LTH RESOURCES A ND SERVICES 12

For anadditional amount f or HealthResources and13

Services , $2 , 1 8 8 , 0 0 0 , 0 0 0 whichshall be usedas f ollows:14

(1 ) $5 0 0 , 0 0 0 , 0 0 0 , of which $2 5 0 , 0 0 0 , 0 0 0 shall15

not be available until October 1 , 2 0 0 9 , shall be f or16

grants to health centers authorized under section17

330 of the Public Health Service A ct (PHS A ct );18

(2 ) $1 , 0 00 , 0 0 0 , 0 0 0 shall be available f or ren-19

ovation and repair of health centers authorized20

under section330 of the PHS A ct andf or the acqui-21

sition by such centers of health inf ormation tech-22

nology systems: Provided, That the timef rame f or23

the award of grants pursuant to section 1 1 0 3(b) of 24

this A ct shall not be later than 1 8 0 days af ter the25



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1 37


date of enactment of this A ct instead of the time-1

f rame specif iedinsuchsection;2

(3) $8 8 , 0 0 0 , 0 0 0 shall be f or f it- out and other3

costs related to moving into a f acility to be secured4

through a competitive lease procurement to replace5

or renovate a headquarters building f or Public6

HealthService agencies andother components of the7

Department of HealthandHumanServices; and8

(4) $6 0 0 , 0 0 0 , 0 0 0 , of which $30 0 , 0 0 0 , 0 0 0 shall9

not be available until October 1 , 2 0 0 9 , shall be f or10

the training of nurses and primary care physicians11

and dentists as authorized under titles VII and VIII12

of the PHS A ct, f or the provisionof healthcare per-13

sonnel under the National HealthService Corps pro-14

gramauthorizedunder title III of the PHS A ct, and15

f or the patient navigator programauthorized under16

title III of the PHS A ct.17

CENTERS FOR DISEA SE CONTROL A ND PREVENTION 18

DISEA SECONTROL , RESEA RCH , A ND TRA INING 19

For an additional amount f or Disease Control, Re-20

search, and Training f or equipment, construction, and21

renovation of f acilities, including necessary repairs and22

improvements to leased laboratories, $46 2 , 0 0 0 , 0 0 0 : Pro-23

vided, That notwithstanding any other provision of law,24

the Centers f or Disease Control and Prevention may25



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1 38


award a single contract or related contracts f or develop-1

ment andconstructionof f acilities that collectivelyinclude2

the f ull scope of the pro ject: Provided further, That the3

solicitation and contract shall contain the clause avail-4

ability of f unds f ound at 48 CFR 5 2 . 2 32 - 1 8 : Provided5

further, That in accordance with applicable authorities,6

policies, and procedures, the Centers f or Disease Control7

andPreventionshall acquire real property, andmak e any8

necessary improvements thereon, to relocate and consoli-9

date property and f acilities of the National Institute f or10

Occupational Saf etyandHealth.11

NA TIONA L INSTITUTES OF HEA LTH 12

NA TIONA L CENTER FOR RESEA RCHRESOURCES 13

For an additional amount f or National Center f or14

Research Resources , $1 , 5 0 0 , 0 0 0 , 0 0 0 f or grants or con-15

tracts under section 4 8 1 A of the Public Health Service16

A ct torenovateor repair existingnon- Federal researchf a-17

cilities: Provided, That sections 48 1 A (c)(1 )(B)(ii), para-18

graphs (1 ), (3), and (4) of section 4 8 1 A (e), and section19

48 1 B of suchA ct shall not applytothe useof suchf unds:20

Provided further, That theref erences to2 0 years insub-21

sections (c)(1 )(B)(i) and (f ) of section 4 8 1 A of such A ct22

are deemed to be ref erences to 1 0 years f or purposes23

of using such f unds: Provided further, That the National24

Center f or Research Resources may also use such f unds25



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1 39


to provide, under the authority of section 30 1 and title1

IV of such A ct, shared instrumentation and other capital2

research equipment to recipients of grants and contracts3

under section 4 8 1 A of suchA ct andother appropriate en-4

tities: Provided further, That the Director of the Center5

shall provide to the Committees on A ppropriations of the6

Houseof Representatives andtheSenateanannual report7

indicating the number of institutions receiving awards of 8

a grant or contract under section 4 8 1 A of such A ct, the9

proposed use of the f unding, the average award size, a10

list of grant or contract recipients, andtheamount of each11

award: Provided further, That the Center, in obligating12

suchf unds, shall require that eachentity that applies f or13

a grant or contract under section 4 8 1 A f or any pro ject14

shall include in its application an assurance described in15

section 1 6 2 1 (b)(1 )(I) of the Public Health Service A ct:16

Provided further, That theCenter shall givepriorityinthe17

awardof grants andcontracts under section 4 8 1 A of such18

A ct tothose applications that are expectedtogenerate de-19

monstrable energy- saving or benef icial environmental ef -20

f ects: Provided further, That theprovisions of section 1 1 0 321

of this A ct shall not apply to the peer- reviewed grants22

awardedunder this heading.23



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1 40


OFFICEOFTHEDIRECTOR 1


For an additional amount f or Of f ice of the Direc-3

tor , $1 , 5 0 0 , 0 0 0 , 0 0 0 , of which$7 5 0 , 0 0 0 , 0 0 0 shall not be4

availableuntil October 1 , 2 0 0 9 : Provided, That suchf unds5

shall be transf erred to the Institutes and Centers of the6

National Institutes of Health and to the Common Fund7

establishedunder section40 2 A (c)(1 ) of the Public Health8

Service A ct in proportion to the appropriations otherwise9

made to such Institutes, Centers, and Common Fund f or10

f iscal year 2 0 0 9 : Provided further, That these f unds shall11

be usedtosupport additional scientif ic researchandshall12

be merged with and be available f or the same purposes13

as the appropriation or f und to which transf erred: Pro-14

vided further, That this transf er authority is in addition15

to any other transf er authority available to the National16

Institutes of Health: Provided further, That none of these17

f unds may be transf erred to National Institutes of 18

Health Buildings and Facilities , the Center f or Sci-19

entif icReview, theCenter f or Inf ormationTechnology, the20

Clinical Center, the Global Fund f or HIV/ A IDS, Tuber-21

culosis and Malaria, or the Of f ice of the Director (except22

f or the transf er to the Common Fund): Provided further,23

That the provisions of section1 1 0 3 of this A ct shall not24



l:\VA\011509\A011509.004.xml



1 41


apply to the peer- reviewed grants awarded under this1

heading.2

BUILDINGS A ND FA CILITIES 3

For anadditional amount f or Buildings andFacili-4

ties , $5 0 0 , 0 0 0 , 0 0 0 , to f und high priority repair and im-5

provement pro jects f or National Institutes of Healthf acili-6

ties on the Bethesda, Marylandcampus andother agency7

locations.8

AGENCY FOR HEA LTHCA RE RESEA RCHA ND QUA LITY 9

HEA LTHCA RERESEA RCHA ND QUA LITY 10


For an additional amount f or Healthcare Research12

and Quality to carry out titles III and IX of the Public13

HealthService A ct, part A of title XI of the Social Secu-14

rity A ct, and section 1 0 1 3 of the Medicare Prescription15

Drug, Improvement, and Modernization A ct of 2 0 0 3,16

$7 0 0 , 0 0 0 , 0 0 0 f or comparative ef f ectiveness research: Pro-17

vided, That of theamount appropriatedinthis paragraph,18

$40 0 , 0 0 0 , 0 0 0 shall be transf erredtothe Of f ice of the Di-19

rector of the National Institutes of Health(Of f ice of the20

Director ) toconduct or support comparativeef f ectiveness21

research: Provided further, That f unds transf erred to the22

Of f ice of the Director may be transf erred to the national23

research institutes and national centers of the National24

Institutes of Healthandtothe CommonFundestablished25



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1 42


under section40 2 A (c)(1 ) of thePublicHealthServiceA ct:1

Provided further, That this transf er authority is in addi-2

tion to any other transf er authority available to the Na-3

tional Institutes of Health: Provided further, That thepro-4

visions of section1 1 03 of this A ct shall not apply to the5

peer- reviewed grants awarded under this paragraph: Pro-6

vided further, That the amount set aside f romthis appro-7

priationpursuant tosection 1 1 0 6 of this A ct shall be not8

more than 1 percent instead of the percentage specif ied9

insuchsection.10

Inaddition, $40 0 , 0 0 0 , 0 0 0 shall be available f or com-11

parative ef f ectiveness research to be allocated at the dis-12

cretion of the Secretary of Health and Human Services13

(Secretary ): Provided, That the f undingappropriatedin14

this paragraphshall beusedtoaccelerate thedevelopment15

and dissemination of research assessing the comparative16

ef f ectiveness of health care treatments and strategies, in-17

cludingthroughef f orts that: (1 ) conduct, support, or syn-18

thesize research that compares the clinical outcomes, ef -19

f ectiveness, and appropriateness of items, services, and20

procedures that areusedtoprevent, diagnose, or treat dis-21

eases, disorders, and other health conditions; and (2 ) en-22

couragethedevelopment anduseof clinical registries, clin-23

ical data network s, and other f orms of electronic health24

datathat canbeusedtogenerateor obtainoutcomes data:25



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1 43


Provided further, That the Secretary shall enter into a1

contract withthe Institute of Medicine, f or whichnomore2

than $1 , 5 0 0 , 0 0 0 shall be made available f romf unds pro-3

vided in this paragraph, to produce and submit a report4

tothe Congress andthe Secretarybynot later thanJune5

30 , 2 0 0 9 , that includes recommendations on the national6

priorities f or comparative ef f ectiveness researchtobe con-7

ductedor supportedwith the f unds providedinthis para-8

graph and that considers input f romstak eholders: Pro-9

vided further, That the Secretary shall consider any rec-10

ommendations of the Federal Coordinating Council f or11

ComparativeEf f ectiveness Researchestablishedbysection12

9 2 0 1 of this A ct and any recommendations included in13

the Institute of Medicine report pursuant tothe preceding14

proviso in designating activities to receive f unds provided15

in this paragraph and may mak e grants and contracts16

with appropriate entities, which may include agencies17

withintheDepartment of HealthandHumanServices and18

other governmental agencies, as well as privatesector enti-19

ties, that have demonstrated experience and capacity to20

achieve the goals of comparative ef f ectiveness research:21

Provided further, That the Secretary shall publish inf or-22

mation on grants and contracts awarded with the f unds23

provided under this heading within a reasonable time of 24

the obligationof f unds f or suchgrants andcontracts and25



l:\VA\011509\A011509.004.xml



1 44


shall disseminate research f indings f romsuch grants and1

contracts to clinicians, patients, and the general public,2

as appropriate: Provided further, That, to the extent f ea-3

sible, the Secretaryshall ensure that the recipients of the4

f unds providedbythis paragraphof f er anopportunityf or5

public comment on the research: Provided further, That6

the provisions of section1 1 03 of this A ct shall not apply7

tothepeer- reviewedgrants awardedunder this paragraph:8

Provided further, That the Secretary shall provide the9


atives andtheSenate, theCommitteeonEnergyandCom-11

merce and the Committee on Ways and Means of the12

House of Representatives, and the Committee on Health,13

Education, Labor, andPensions andtheCommitteeonFi-14

nanceof theSenate withanannual report ontheresearch15

conductedor supportedthroughthe f unds providedunder16

this heading: Provided further, That the Secretary, jointly17

withthe Directors of the A gencyf or Healthcare Research18

and Quality and the National Institutes of Health, shall19

provide the Committees on A ppropriations of the House20

of Representatives andtheSenateaf iscal year 2 0 0 9 oper-21

ating plan f or the f unds appropriated under this heading22

prior to mak ing any Federal obligations of such f unds in23

f iscal year 2 0 0 9 , but not later than 9 0 days af ter the date24

of enactment of this A ct, anda f iscal year 2 0 1 0 operating25



l:\VA\011509\A011509.004.xml



1 45


plan f or such f unds prior to mak ing any Federal obliga-1

tions of suchf unds inf iscal year 2 0 1 0 , but not later than2

November 1 , 2 0 0 9 , that detail the type of research being3

conducted or supported, including the priority conditions4

addressed; and specif y the allocation of resources within5

the Department of HealthandHumanServices: Provided6

further, That the Secretary jointly with the Directors of 7

the A gency f or Healthcare Research and Quality and the8

National Institutes of Health, shall provide to the Com-9


andtheSenateareport ontheactual obligations, expendi-11

tures, and unobligated balances f or each activity f unded12

under this headingnot later thanNovember 1 , 2 0 0 9 , and13

every 6 months thereaf ter as long as f unding provided14

under this heading is available f or obligation or expendi-15

ture.16

ADMINISTRA TION FOR CHILDREN A ND F A MILIES 17

LOW -INCOMEHOMEENERGY A SSISTA NCE 18

For an additional amount f or Low- Income Home19

Energy A ssistance f or mak ing payments under section20

2 6 0 2 (b) and section 2 6 0 2 (d) of the Low- Income Home21

Energy A ssistance A ct of 1 9 8 1 , $1 , 0 0 0 , 0 0 0 , 0 0 0 , which22

shall become available onOctober 1 , 2 0 0 9 : Provided, That23

the provisions of section 1 1 0 6 of this A ct shall not apply24




l:\VA\011509\A011509.004.xml



1 46


PA YMENTS TO STA TES FOR THECHILD CA REA ND 1

DEVELOPMENT BLOCK GRA NT 2

For an additional amount f or Payments to States3

f or the Child Care and Development Block Grant ,4

$2 , 0 0 0 , 0 0 0 , 0 0 0 , of which $1 , 0 0 0 , 0 0 0 , 0 0 0 shall become5

available onOctober 1 , 2 0 0 9 , whichshall be used tosup-6

plement, not supplant State general revenue f unds f or7

child care assistance f or low- income f amilies: Provided,8

That the provisions of section 1 1 0 6 of this A ct shall not9

applytothis appropriation.10

CHILDREN A ND F A MILIES SERVICES PROGRA MS 11

For anadditional amount f or ChildrenandFamilies12

Services Programs , $3, 2 0 0 , 0 0 0 , 0 0 0 , whichshall be used13

as f ollows:14

(1 ) $1 , 0 00 , 0 0 0 , 0 0 0 f or carrying out activities15

under the Head Start A ct, of which $5 0 0 , 0 0 0 , 0 0 016

shall become available onOctober 1 , 2 0 0 9 ;17

(2 ) $1 , 1 0 0 , 0 0 0 , 0 0 0 f or expansion of Early18

Head Start programs, as described in section 6 4 5 A19

of the Head Start A ct, of which $5 5 0 , 0 0 0 , 0 0 0 shall20

become available onOctober 1 , 2 0 0 9 : Provided, That21

of the f unds provided in this sentence, up to 1 0 per-22

cent shall be available f or the provision of training23

and technical assistance tosuchprograms consistent24

with section 6 4 5 A (g)(2 ) of such A ct, and up to 325



l:\VA\011509\A011509.004.xml



1 47


percent shall be available f or monitoring the oper-1

ation of such programs consistent with section 6 4 1 A2

of such A ct: Provided further, That the preceding3

proviso shall apply to this appropriation in lieu of 4

the provisions of section 1 1 0 6 of this A ct: Provided5

further, That the provisions of section 1 1 0 3 of this6

A ct shall not applytothis appropriation;7

(3) $1 , 0 0 0 , 0 0 0 , 0 0 0 f or carrying out activities8

under sections 6 7 4 through 6 7 9 of the Community9

Services Block Grant A ct, of which $5 0 0 , 0 0 0 , 0 0 010

shall become available on October 1 , 2 0 0 9 , and of 11

whichnopart shall be sub ject toparagraphs (2 ) and12

(3) of section 6 7 4(b) of such A ct: Provided, That13

notwithstandingsection 6 7 5 C(a)(1 ) of suchA ct, 1 0 014

percent of the f unds made available to a State f rom15

this additional amount shall be distributedtoeligible16

entities as def ined in section 6 7 3(1 ) of such A ct:17

Provided further, That f or services f urnished under18

such A ct during f iscal years 2 0 0 9 and 2 0 1 0 , States19

may apply the last sentence of section 6 7 3(2 ) of 20

such A ct by substituting 2 0 0 percent f or 1 2 521

percent : Provided further, That the provisions of 22

section 1 1 0 6 of this A ct shall not apply to this ap-23

propriation; and24



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1 48


(4) $1 0 0 , 0 0 0 , 0 0 0 f or carrying out activities1

under section 1 1 1 0 of the Social Security A ct, of 2

which $5 0 , 0 0 0 , 0 0 0 shall become available on Octo-3

ber 1 , 2 0 0 9 : Provided, That the Secretary of Health4

and Human Services shall distribute such amount5

under the CompassionCapital Fundtoeligible f aith-6

based and community organizations: Provided fur-7

ther, That the provisions of section 1 1 0 6 of this A ct8

shall not applytothis appropriation.9

ADMINISTRA TION ON AGING 10

A GINGSERVICES PROGRA MS 11

For an additional amount f or A ging Services Pro-12

grams under section 31 1 , and subparts 1 and 2 of part13

C, of title III of the Older A mericans A ct of 1 9 6 5 ,14

$2 0 0 , 0 0 0 , 0 0 0 , of which$1 0 0 , 0 0 0 , 0 0 0 shall become avail-15

able on October 1 , 2 0 0 9 : Provided, That the provisions16

of section 1 1 0 6 of this A ct shall not apply to this appro-17

priation.18

OFFICEOFTHE SECRETA RY 19

OFFICEOFTHENA TIONA L COORDINA TOR FOR HEA LTH 20

INFORMA TION TECHNOLOGY 21


For anadditional amount f or Of f ice of the National23

Coordinator f or HealthInf ormationTechnology tocarry24

out section 9 2 0 2 of this A ct, $2 , 0 0 0 , 0 0 0 , 0 0 0 , to remain25



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1 49


available until expended: Provided, That of such amount,1

the Secretary of Health and Human Services shall trans-2

f er $2 0 , 0 0 0 , 0 0 0 to the Director of the National Institute3

of Standards andTechnology in the Department of Com-4

merce f or continuedworkonadvancinghealthcare inf or-5

mation enterprise integration through activities such as6

technical standards analysis and establishment of con-7

f ormance testing inf rastructure, so longas such activities8

are coordinated with the Of f ice of the National Coordi-9

nator f or Health Inf ormation Technology: Provided fur-10

ther, That the provisions of section1 1 0 3 of this A ct shall11

not applytothis appropriation: Provided further, That the12


tion 1 1 0 6 of this A ct shall be 0 . 2 5 percent insteadof the14

percentage specif ied in such section: Provided further,15

That f unds available under this heading shall become16

available f or obligationonlyuponsubmissionof anannual17

operatingplanbythe Secretarytothe Committees onA p-18

propriations of the House of Representatives andthe Sen-19

ate: Provided further, That the f iscal year 2 0 0 9 operating20

planshall be providednot later than 9 0 days af ter enact-21

ment of this A ct and that subsequent annual operating22

plans shall be providednot later thanNovember 1 of each23

year: Provided further, That these operating plans shall24

describehowexpenditures arealignedwiththespecif icob-25



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1 5 0


jectives, milestones, andmetrics of the Federal HealthIn-1

f ormationTechnologyStrategicPlan, includinganysubse-2

quent updates to the Plan; the allocation of resources3

withintheDepartment of HealthandHumanServices and4

other Federal agencies; andthe identif icationof programs5

and activities that are supported: Provided further, That6

the Secretary shall provide to the Committees on A ppro-7

priations of the House of Representatives and the Senate8

areport ontheactual obligations, expenditures, andunob-9

ligated balances f or each ma jor set of activities not later10

than November 1 , 2 0 0 9 , and every 6 months thereaf ter11

as longas f undingprovidedunder this headingis available12

f or obligation or expenditure: Provided further, That the13

Comptroller General of the United States shall reviewon14

an annual basis the expenditures f romf unds provided15

under this heading to determine if such f unds are used16

inamanner consistent withthe purposeandrequirements17

under this heading.18

PUBLIC HEA LTHA ND SOCIA L SERVICES EMERGENCY 19

FUND 20


For anadditional amount f or PublicHealthandSo-22

cial Services Emergency Fund to support advanced re-23

search and development pursuant to section 31 9 L of the24

Public Health Service A ct, $430 , 0 0 0 , 0 0 0 : Provided, That25



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1 5 1


the provisions of section1 1 03 of this A ct shall not apply1



cial Services Emergency Fund to prepare f or and re-4

spond to an inf luenza pandemic, including the develop-5

ment and purchase of vaccine, antivirals, necessary med-6

ical supplies, diagnostics, and other surveillance tools,7

$42 0 , 0 0 0 , 0 0 0 : Provided, That the provisions of section8

1 1 0 3 of this A ct shall not applytothis appropriation: Pro-9

vided further, That products purchased with these f unds10

may, at the discretion of the Secretary of Health and11

Human Services (Secretary ), be deposited in the Stra-12

tegic National Stock pile: Provided further, That notwith-13

standingsection 4 9 6 (b) of the Public HealthService A ct,14

f unds may be used f or the construction or renovation of 15

privately owned f acilities f or the production of pandemic16

inf luenza vaccine andother biologics, where the Secretary17

f inds such a contract necessary to secure suf f icient sup-18

plies of such vaccines or biologics: Provided further, That19

f unds appropriated in this paragraph may be transf erred20

to other appropriation accounts of the Department of 21

Health and Human Services, as determined by the Sec-22

retarytobeappropriate, tobeusedf or thepurposedspeci-23

f iedinthis sentence.24



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1 5 2



cial Services Emergency Fund to improve inf ormation2

technology security at the Department of Health and3

Human Services, $5 0 , 0 0 0 , 0 0 0 : Provided, That the Sec-4

retaryshall prepare andsubmit a report bynot later than5

November 1 , 2 0 0 9 , and by not later than 1 5 days af ter6

the end of each month thereaf ter, updating the status of 7

actions tak enandf unds obligatedinthis andprevious ap-8

propriations A cts f or pandemic inf luenza preparedness9

andresponse activities, biomedical advancedresearchand10

development activities, Pro ject BioShield, andCyber Secu-11

rity.12

PREVENTION A ND WELLNESS FUND 13


For necessary expenses f or a Prevention and15

Wellness Fund to be administered through the Depart-16

ment of Health and Human Services Of f ice of the Sec-17

retary, $3, 0 0 0 , 0 0 0 , 0 0 0 : Provided, That the provisions of 18

section1 1 0 3 of this A ct shall not applytothis appropria-19

tion: Provided further, That of the amount appropriated20

under this heading not less than $2 , 35 0 , 0 0 0 , 0 0 0 shall be21

transf erred to the Centers f or Disease Control and Pre-22

ventionas f ollows:23

(1 ) not less than$9 5 4, 0 0 0 , 0 0 0 shall be usedas24

an additional amount to carry out the immunization25



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1 5 3


program authorized by section 31 7 (a), ( j), and1

(k )(1 ) of the Public Health Service A ct (section2

31 7 immunization program ), of which3

$6 49 , 9 0 0 , 0 0 0 shall be available on October 1 , 2 0 0 9 ;4

(2 ) not less than$2 9 6 , 0 0 0 , 0 0 0 shall be usedas5

an additional amount to carry out Part A of title6

XIX of the Public Health Service A ct, of which7

$1 48 , 0 0 0 , 0 0 0 shall be available on October 1 , 2 0 0 9 ;8

(3) not less than$5 45 , 0 0 0 , 0 0 0 shall be usedas9

an additional amount to carry out chronic disease,10

health promotion, and genomics programs, as jointly11

determined by the Secretary of Health and Human12

Services (Secretary ) and the Director of the Cen-13

ters f or Disease Control and Prevention (Direc-14

tor );15

(4) not less than $335 , 0 0 0 , 0 0 0 shall be usedas16

an additional amount to carry out domestic HIV/ 17

A IDS, viral hepatitis, sexually- transmitted diseases,18

and tuberculosis prevention programs, as jointly de-19

terminedbythe Secretaryandthe Director;20

(5 ) not less than $6 0 , 0 0 0 , 0 0 0 shall be used as21

an additional amount to carry out environmental22

health programs, as jointly determined by the Sec-23

retaryandthe Director;24



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1 5 4


(6 ) not less than $5 0 , 0 0 0 , 0 0 0 shall be used as1

an additional amount to carry out in jury prevention2

and control programs, as jointly determined by the3

Secretaryandthe Director;4

(7 ) not less than $30 , 0 0 0 , 0 0 0 shall be used as5

anadditional amount f or public healthwork f orce de-6

velopment activities, as jointly determined by the7

Secretaryandthe Director;8


an additional amount f or the National Institute f or10

Occupational Saf ety and Health to carry out re-11

search activities within the National Occupational12

ResearchA genda; and13


an additional amount f or the National Center f or15

HealthStatistics:16

Provided further, That of the amount appropriated under17

this headingnot less than$1 5 0 , 0 0 0 , 0 0 0 shall be available18

f or an additional amount to carry out activities to imple-19

ment a national action plan to prevent healthcare- associ-20

ated inf ections, as determined by the Secretary, of which21

not less $5 0 , 0 0 0 , 0 0 0 shall be providedtoStates toimple-22

ment healthcare- associated inf ection reduction strategies:23

Provided further, That of the amount appropriated under24

this heading$5 0 0 , 0 0 0 , 0 0 0 shall be used tocarryout evi-25



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1 5 5


dence- basedclinical and community- basedprevention and1

wellness strategies and public health work f orce develop-2

ment activities authorized by the Public Health Service3

A ct, as determinedby the Secretary, that deliver specif ic,4

measurable health outcomes that address chronic and in-5

f ectious disease rates and health disparities, which shall6

include evidence- based interventions in obesity, diabetes,7

heart disease, cancer, tobaccocessationandsmok ingpre-8

vention, and oral health, and which may be used f or the9

Healthy Communities programadministered by the Cen-10

ters f or DiseaseControl andPreventionandother existing11

community- based programs administered by the Depart-12

ment of Health and Human Services: Provided further,13

That f unds appropriated in the preceding proviso may be14

transf erredtoother appropriationaccounts of theDepart-15

ment of Health and Human Services, as determined by16

theSecretarytobeappropriate: Provided further, That the17

Secretary shall, directly or through contracts with public18

or private entities, provide f or annual evaluations of pro-19

grams carriedout withf unds providedunder this heading20

in order to determine the quality and ef f ectiveness of the21

programs: Provided further, That the Secretary shall, not22

later than 1 year af ter the date of enactment of this A ct,23

submit tothe Committees onA ppropriations of the House24

of Representatives andthe Senate, the Committee onEn-25



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1 5 6


ergyandCommerce of the House of Representatives, and1

the Committee on Health, Education, Labor, and Pen-2

sions of the Senate, a report (1 ) summarizing the annual3

evaluations of programs f romthe preceding proviso; and4

(2 ) mak ing recommendations concerning f uture spending5

on prevention and wellness activities, including any rec-6

ommendations made by the United States Preventive7

Services TaskForceintheareaof clinical preventiveserv-8

ices and the Task Force on Community Preventive Serv-9

ices intheareaof communitypreventiveservices: Provided10

further, That theSecretaryshall enter intoa contract with11

the Institute of Medicine, f or which no more than12

$1 , 5 0 0 , 0 0 0 shall be made available f romf unds provided13

in this paragraph, to produce and submit a report to the14

Congress and the Secretary byno later than 1 year af ter15

the date of enactment of this A ct that includes rec-16

ommendations on the national priorities f or clinical and17

community- based prevention and wellness activities that18

will have a positive impact in preventing illness or reduc-19

ing healthcare costs and that considers input f romstak e-20

holders: Provided further, That the Secretaryshall provide21

totheCommittees onA ppropriations of theHouseof Rep-22

resentatives and the Senate a f iscal year 2 0 0 9 operating23

planf or the PreventionandWellness Fundprior tomak -24

ing any Federal obligations of f unds provided under this25



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1 5 7


heading in f iscal year 2 0 0 9 (excluding f unds to carry out1

thesection31 7 immunizationprogram), but not later than2

9 0 days af ter the date of enactment of this A ct, and a3

f iscal year 2 0 1 0 operating plan f or the Prevention and4

Wellness Fund prior to mak ing any Federal obligations5

of f unds provided under this heading in f iscal year 2 0 1 06

(excluding f unds to carry out the section 31 7 immuniza-7

tionprogram), but not later thanNovember 1 , 2 0 0 9 , that8

indicate the prevention priorities to be addressed; provide9

measurable goals f or each prevention priority; detail the10

allocation of resources within the Department of Health11

and HumanServices; and identif ywhich programs or ac-12

tivities are supported, including descriptions of any new13

programs or activities: Provided further, That the Sec-14

retary shall provide to the Committees on A ppropriations15

of the House of Representatives and the Senate a report16

on the actual obligations, expenditures, and unobligated17

balances f or each activity f unded under this heading not18

later than November 1 , 2 0 0 9 and every 6 months there-19

af ter as long as f unding provided under this heading is20

availablef or obligationor expenditure.21



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1 5 8



SEC. 9201. FEDERAL COORDINATING COUNCIL FOR COM-2

PARATIVE EFFECTIVENESS RESEARCH.3

(a) E STA BLISHMENT . There is herebyestablisheda4

Federal Coordinating Council f or Comparative Ef f ective-5

ness Research (in this section ref erred to as the Coun-6

cil ).7

(b) P URPOSE ; DUTIES . TheCouncil shall8

(1 ) assist the of f ices and agencies of the Fed-9

eral Government, including the Departments of 10

Health and Human Services, Veterans A f f airs, and11

Def ense, andother Federal departments or agencies,12

to coordinate the conduct or support of comparative13

ef f ectiveness and related health services research;14

and15

(2 ) advise the President andCongress on16

(A ) strategies with respect to the inf ra-17

structure needs of comparative ef f ectiveness re-18

searchwithinthe Federal Government;19

(B) appropriate organizational expendi-20

tures f or comparative ef f ectiveness research by21

relevant Federal departments andagencies; and22

(C) opportunities to assure optimumco-23

ordination of comparative ef f ectiveness and re-24

lated health services research conducted or sup-25



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1 5 9


ported by relevant Federal departments and1

agencies, with the goal of reducing duplicative2

ef f orts and encouraging coordinated and com-3

plementaryuse of resources.4

(c) M EMBERSHIP . 5

(1 ) N UMBER A ND A PPOINTMENT . The Council6

shall be composed of not more than 1 5 members, all7

of whomare senior Federal of f icers or employees8

with responsibility f or health- related programs, ap-9

pointed by the President, acting through the Sec-10

retary of Health and Human Services (in this sec-11

tion ref erred to as the Secretary ). Members shall12

f irst be appointed to the Council not later than 3013

days af ter the date of the enactment of this A ct.14

(2 ) M EMBERS . 15

(A ) I N GENERA L . The members of the16

Council shall include one senior of f icer or em-17

ployee f romeachof the f ollowingagencies:18

(i) The A gency f or Healthcare Re-19

searchandQuality.20

(ii) The Centers f or Medicare and21

MedicaidServices.22

(iii) The National Institutes of 23

Health.24



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1 6 0


(iv) The Of f ice of the National Coor-1

dinator f or Health Inf ormation Tech-2

nology.3

(v) The Food and Drug A dministra-4

tion.5

(vi) The Veterans Health A dministra-6

tion within the Department of Veterans7

A f f airs.8

(vii) The of f ice within the Department9

of Def ense responsible f or management of 10

the Department of Def ense Military11

HealthCare System.12

(B) Q UA LIFICA TIONS . A t least half of the13

members of the Council shall be physicians or14

other experts withclinical expertise.15

(3) C HA IRMA N ; VICE CHA IRMA N . The Sec-16

retary shall serve as Chairman of the Council and17

shall designate a member toserve as Vice Chairman.18

(d) R EPORTS . 19

(1 ) I NITIA L REPORT . Not later than June 30 ,20

2 0 0 9 , the Council shall submit to the President and21

the Congress a report containing inf ormation de-22

scribing Federal activities on comparative ef f ective-23

ness research and recommendations f or additional24

investments insuchresearchconductedor supported25



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1 6 1


f romf unds made available f or allotment by the Sec-1

retary f or comparative ef f ectiveness research in this2

A ct.3

(2 ) A NNUA L REPORT . The Council shall sub-4

mit to the President and Congress an annual report5

regarding its activities and recommendations con-6

cerning the inf rastructure needs, appropriate organi-7

zational expenditures and opportunities f or better8

coordinationof comparative ef f ectiveness researchby9

relevant Federal departments andagencies.10

(e) S TA FFING ; SUPPORT . Fromf unds made avail-11

able f or allotment by the Secretary f or comparative ef f ec-12

tiveness research in this A ct, the Secretary shall mak e13

available not more than1 percent to the Council f or staf f 14

andadministrativesupport.15

SEC. 9202. INVESTMENT IN HEALTH INFORMATION TECH-16

NOLOGY.17

(a) I N GENERA L . The Secretary of Health and18

Human Services shall invest in the inf rastructure nec-19

essary to allowf or and promote the electronic exchange20

and use of health inf ormation f or each individual in the21

United States consistent with the goals outlined in the22

Strategic Plandevelopedbythe Of f ice of the National Co-23

ordinator f or HealthInf ormationTechnology. Suchinvest-24

ment shall includeinvestment inat least thef ollowing:25



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1 6 2


(1 ) Health inf ormation technology architecture1

that will support the nationwide electronic exchange2

and use of health inf ormation in a secure, private,3

and accurate manner, including connecting health4

inf ormation exchanges, and which may include up-5

dating and implementing the inf rastructure nec-6

essary within dif f erent agencies of the Department7

of Health and Human Services to support the elec-8

tronic use andexchange of healthinf ormation.9

(2 ) Integration of health inf ormation tech-10

nology, including electronic medical records, into the11

initial and ongoing training of health prof essionals12

and others in the healthcare industry who would be13

instrumental to improving the quality of healthcare14

through the smooth and accurate electronic use and15

exchange of health inf ormationas determinedbythe16

Secretary.17

(3) Training on and dissemination of inf orma-18

tiononbest practices tointegrate healthinf ormation19

technology, including electronic records, into a pro-20

vider s delivery of care, including community health21

centers receivingassistance under section330 of the22

Public Health Service A ct and providers partici-23

pating in one or more of the programs under titles24

XVIII, XIX, andXXI of the Social SecurityA ct (re-25



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1 6 3


lating to Medicare, Medicaid, and the State Chil-1

drens HealthInsurance Program).2

(4) Inf rastructure and tools f or the promotion3

of telemedicine, including coordination among Fed-4

eral agencies inthe promotionof telemedicine.5

(5 ) Promotion of the interoperability of clinical6

data repositories or registries.7

The Secretaryshall implement paragraph(3) incoordina-8

tion with State agencies administering the Medicaid pro-9

gramandtheStateChildren s HealthInsuranceProgram.10

(b) L IMITA TION . None of the f unds appropriatedto11

carryout this sectionmaybe usedtomak e signif icant in-12

vestments in, or provide signif icant f unds f or, the acquisi-13

tionof hardwareor sof twareor f or theuseof anelectronic14

healthor medical record, or signif icant components there-15

of , unless suchinvestments or f unds aref or certif iedprod-16

ucts that wouldpermit the f ull andaccurate electronic ex-17

change anduse of healthinf ormationina medical record,18

including standards f or security, privacy, and quality im-19

provement f unctions adoptedbytheOf f ice of the National20

Coordinator f or HealthInf ormationTechnology.21

(c) R EPORT . The Secretaryshall annuallyreport to22

the Committees on Energy and Commerce, on Ways and23

Means, onScienceandTechnology, andonA ppropriations24

of the House of Representatives and the Committees on25



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1 6 4


Finance, onHealth, Education, Labor, andPensions, and1

onA ppropriations of theSenateontheuses of thesef unds2

and their impact on the inf rastructure f or the electronic3

exchangeanduseof healthinf ormation.4

Subtitle C—Education5

DEPA RTMENT OFEDUCA TION6

EDUCA TION FOR THE DISA DVA NTA GED 7

For anadditional amount f or Educationf or theDis-8

advantaged to carry out title I of the Elementary and9

Secondary Education A ct of 1 9 6 5 (ESEA ),10

$1 3, 0 0 0 , 0 0 0 , 0 0 0 : Provided, That $5 , 5 0 0 , 0 0 0 , 0 0 0 shall be11

available f or targeted grants under section 1 1 2 5 of the12

ESEA , of which$2 , 7 5 0 , 0 0 0 , 0 0 0 shall becomeavailableon13

July 1 , 2 0 0 9 , and shall remain available through Sep-14

tember 30 , 2 0 1 0 , and$2 , 7 5 0 , 0 0 0 , 0 0 0 shall become avail-15

able on July 1 , 2 0 1 0 , and shall remain available through16

September 30 , 2 0 1 1 : Provided further, That17

$5 , 5 0 0 , 0 0 0 , 0 0 0 shall beavailablef or educationf inancein-18

centivegrants under section1 1 2 5 A of theESEA , of which19

$2 , 7 5 0 , 0 0 0 , 0 0 0 shall become available on July 1 , 2 0 0 9 ,20

and shall remain available through September 30 , 2 0 1 0 ,21

and $2 , 7 5 0 , 0 0 0 , 0 0 0 shall become available on July 1 ,22

2 0 1 0 , and shall remain available through September 30 ,23

2 0 1 1 : Provided further, That $2 , 0 0 0 , 0 00 , 0 00 shall be f or24

school improvement grants under section 1 0 0 3(g) of the25



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1 6 5


ESEA , of which$1 , 0 0 0 , 0 0 0 , 0 0 0 shall becomeavailableon1

July 1 , 2 0 0 9 , and shall remain available through Sep-2

tember 30 , 2 0 1 0 , and$1 , 0 0 0 , 0 0 0 , 0 0 0 shall become avail-3

able on July 1 , 2 0 1 0 , and shall remain available through4

September 30 , 2 0 1 1 : Provided further, That theprovisions5

of section 1 1 0 6 of this A ct shall not apply to this appro-6

priation.7

IMPA CT AID 8

For anadditional amount f or Impact A id tocarry9

out section8 0 0 7 of title VIII of the ElementaryandSec-10

ondaryEducationA ct of 1 9 6 5 , $1 0 0 , 0 0 0 , 0 0 0 , whichshall11

remain available through September 30 , 2 0 1 0 : Provided,12


ant tosection 1 1 0 6 of this A ct shall be 1 percent instead14

of thepercentagespecif iedinsuchsection.15

SCHOOL IMPROVEMENT PROGRA MS 16

For an additional amount f or School Improvement17

Programs to carry out subpart 1 , part D of title II of 18

the Elementary and Secondary Education A ct of 1 9 6 519

(ESEA ), and subtitle B of title VII of the McKinney-20

Vento Homeless A ssistance A ct, $1 , 0 66 , 0 00 , 0 0 0 : Pro-21

vided, That $1 , 0 0 0 , 0 0 0 , 0 0 0 shall be available f or subpart22

1 , part D of title II of the ESEA , of which$5 0 0 , 0 0 0 , 0 0 023

shall become available on July 1 , 2 0 0 9 , and shall remain24

available throughSeptember 30 , 2 0 1 0 , and$5 0 0 , 0 0 0 , 0 0 025



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1 6 6


shall become available onJuly1 , 2 0 1 0 , andremainavail-1

able through September 30 , 2 0 1 1 : Provided further, That2


to these f unds: Provided further, That $6 6, 0 0 0 , 0 0 0 shall4

be available f or subtitle B of title VII of the McKinney-5

Vento Homeless A ssistance A ct, of which $33, 0 0 0 , 0 0 06

shall become available on July 1 , 2 0 0 9 , and shall remain7

available through September 30 , 2 0 1 0 , and $33, 0 0 0 , 0 0 08

shall become available onJuly1 , 2 0 1 0 , andremainavail-9

ablethroughSeptember 30 , 2 0 1 1 .10

INNOVA TION A ND IMPROVEMENT 11

For an additional amount f or Innovation and Im-12

provement to carry out subpart 1 , part D and subpart13

2 , part B of titleVof theElementaryandSecondaryEdu-14

cation A ct of 1 9 6 5 (ESEA ), $2 2 5 , 0 0 0 , 0 00 : Provided,15

That $2 0 0 , 0 0 0 , 0 0 0 shall be available f or subpart 1 , part16

D of title V of the ESEA : Provided further, That these17

f unds shall be expendedas directedinthe f if th, sixth, and18

seventh provisos under the heading Innovation and Im-19

provement in the Department of Education A ppropria-20

tions A ct, 2 0 0 8 : Provided further, That a portionof these21

f unds shall alsobe usedf or a rigorous national evaluation22

by the Institute of Education Sciences, utilizing random-23

izedcontrolledmethodologytothe extent f easible, that as-24

sesses the impact of perf ormance- based teacher andprin-25



l:\VA\011509\A011509.004.xml



1 6 7


cipal compensation systems supported by the f unds pro-1

videdinthis A ct onteacher andprincipal recruitment and2

retention in high- need schools andsub jects: Provided fur-3

ther, That $2 5 , 0 0 0 , 0 00 shall be available f or subpart 2 ,4

part B of title Vof the ESEA : Provided further, That the5


tion 1 1 0 6 of this A ct shall be 1 percent instead of the7


SPECIA L EDUCA TION 9

For an additional amount f or Special Education 10

f or carryingout section 6 1 1 andpart C of the Individuals11

with Disabilities Education A ct (IDEA ),12

$1 3, 6 0 0 , 0 0 0 , 0 0 0 : Provided, That $1 3, 0 0 0 , 0 0 0 , 0 0 0 shall13

be available f or section 6 1 1 of the IDEA , of which14


and remain available through September 30 , 2 0 1 0 , and16


and remain available through September 30 , 2 0 1 1 : Pro-18

vided further, That $6 00 , 0 0 0 , 0 0 0 shall be available f or19

part C of the IDEA , of which $30 0 , 0 0 0 , 0 0 0 shall become20

available on July 1 , 2 0 0 9 , and remain available through21

September 30 , 2 0 1 0 , and $30 0 , 0 0 0 , 0 0 0 shall become22

available on July 1 , 2 0 1 0 , and remain available through23

September 30 , 2 0 1 1 : Provided further, That by July 1 ,24

2 0 0 9 , theSecretaryof Educationshall reservetheamount25



l:\VA\011509\A011509.004.xml



1 6 8


neededf or grants under section643(e) of the IDEA f rom1

f unds available f or obligation on July 1 , 2 0 0 9 , with any2

remainingf unds tobeallocatedinaccordance withsection3

6 43(c) of the IDEA : Provided further, That by July 1 ,4

2 0 1 0 , the Secretary shall reserve the amount needed f or5

grants under section6 43(e) of theIDEA f romf unds avail-6

able f or obligation on July 1 , 2 0 1 0 , with any remaining7

f unds to be allocated in accordance with section 6 43(c)8

of the IDEA : Provided further, That if everyState, as de-9

f ined by section 6 0 2 (31 ) of the IDEA , reaches its max-10

imumallocation under section 6 1 1 (d)(3)(B)(iii) of the11

IDEA , and there are remaining f unds, such f unds shall12

be proportionally allocated to each State sub ject to the13

maximumamounts contained in section 6 1 1 (a)(2 ) of the14

IDEA : Provided further, That the provisions of section15

1 1 0 6 of this A ct shall not applytothis appropriation.16

REHA BILITA TION SERVICES A ND DISA BILITY RESEA RCH 17

For an additional amount f or Rehabilitation Serv-18

ices and Disability Research f or providing grants to19

States tocarryout the Vocational RehabilitationServices20

programunder part B of title I and parts B and C of 21

chapter 1 and chapter 2 of title VII of the Rehabilitation22

A ct of 1 9 7 3, $7 0 0 , 0 0 0 , 0 0 0 : Provided, That $5 0 0 , 0 0 0 , 0 0 023

shall be available f or part B of title I of the Rehabilitation24

A ct, of which$2 5 0 , 0 0 0 , 0 0 0 shall become available onOc-25



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1 6 9


tober 1 , 2 0 0 9 : Provided further, That f unds providedhere-1

in shall not be considered in determining the amount re-2

quired to be appropriated under section 1 0 0 (b)(1 ) of the3

RehabilitationA ct of 1 9 7 3 inanyf iscal year: Provided fur-4

ther, That, notwithstandingsection7 (1 4)(A ), the Federal5

share of the costs of vocational rehabilitationservices pro-6

videdwiththe f unds providedhereinshall be 1 0 0 percent:7

Provided further, That the provisions of section 1 1 0 6 of 8

this A ct shall not apply to these f unds: Provided further,9

That $2 0 0 , 0 0 0 , 0 0 0 shall be available f or parts B and C10

of chapter 1 and chapter 2 of title VII of the Rehabilita-11

tionA ct, of which$1 0 0 , 0 0 0 , 0 0 0 shall become available on12

October 1 , 2 0 0 9 : Provided further, That $34, 7 7 5 , 0 0 0 shall13

be f or State Grants, $1 1 4, 5 8 1 , 0 0 0 shall be f or inde-14

pendent livingcenters, and$5 0 , 6 44, 0 0 0 shall be f or serv-15

ices f or older blindindividuals.16

STUDENT F INA NCIA L ASSISTA NCE 17

For anadditional amount f or Student Financial A s-18

sistance to carry out subpart 1 of part A and part C19

of title IVof theHigher EducationA ct of 1 9 6 5 (HEA ),20

$1 6 , 1 2 6 , 0 0 0 , 0 0 0 , which shall remain available through21

September 30 , 2 0 1 1 : Provided, That $1 5 , 6 36 , 0 0 0 , 0 0 022

shall be available f or subpart 1 of part A of title IV of the23

HEA : Provided further, That $49 0 , 0 0 0 , 0 0 0 shall be avail-24

able f or part C of title IV of the HEA , of which25



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1 7 0


$2 45 , 0 0 0 , 0 0 0 shall become available on October 1 , 2 0 0 9 :1

Provided further, That the provisions of section 1 1 0 6 of 2

this A ct shall not applytothis appropriation.3

The maximumPell Grant f or which a student shall4

be eligible duringaward year 2 0 0 9 - 2 0 1 0 shall be $4, 8 6 0 .5

STUDENT AID ADMINISTRA TION 6

For anadditional amount f or Student A idA dminis-7

tration to carry out part D of title I, and subparts 1 ,8

3, and 4 of part A , and parts B, C, D, and Eof title9

IV of the Higher Education A ct of 1 9 65 , $5 0 , 0 0 0 , 0 0 0 ,10

whichshall remainavailable throughSeptember 30 , 2 0 1 1 :11

Provided, That suchamount shall alsobe available f or an12

independent audit of programs and activities authorized13

under section 4 5 9 A of such A ct: Provided further, That14



HIGHER EDUCA TION 17

For anadditional amount f or Higher Education to18

carry out part A of title II of the Higher Education A ct19

of 1 9 65 , $1 0 0 , 0 0 0 , 0 0 0 : Provided, That section 2 0 3(c)(1 )20

of such A ct shall not apply to awards made with these21

f unds.22

INSTITUTEOF EDUCA TION SCIENCES 23

For an additional amount f or Institute of Education24

Sciences tocarryout section 2 0 8 of theEducational Tech-25



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1 7 1


nical A ssistance A ct, $2 5 0 , 0 0 0 , 0 0 0 , which may be used1

f or Statewidedatasystems that includepostsecondaryand2

work f orce inf ormation, of whichupto$5 , 0 0 0 , 0 0 0 maybe3

usedf or State data coordinators andf or awards topublic4

or private organizations or agencies to improve data co-5

ordination: Provided, That the amount set aside f romthis6

appropriation pursuant to section 1 1 0 6 of this A ct shall7

be 1 percent instead of the percentage specif ied in such8

section.9

SCHOOL MODERNIZA TION , RENOVA TION , A ND REPA IR 10

For carrying out section 9 30 1 of this A ct,11

$1 4, 0 0 0 , 0 0 0 , 0 0 0 : Provided, That amount available under12

section9 301 of this A ct f or administration and oversight13

shall tak e the place of the set- aside under section 1 1 0 614

of this A ct.15

HIGHER EDUCA TION MODERNIZA TION , RENOVA TION ,16

A ND REPA IR 17

For carrying out section 9 30 2 of this A ct,18

$6 , 0 0 0 , 0 0 0 , 0 0 0 : Provided, That amount available under19

section 9 30 2 of this A ct f or administration and oversight20

shall tak e the place of the set- aside under section 1 1 0 621

of this A ct.22

SEC. 9301. 21ST CENTURY GREEN HIGH-PERFORMING PUB-23

LIC SCHOOL FACILITIES.24

(a) D EFINITIONS . Inthis section:25



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1 7 2


(1 ) The termBureau- f unded school has the1

meaning given to such termin section 1 1 4 1 of the2

Education A mendments of 1 9 7 8 (2 5 U. S. C. 2 0 2 1 ).3

(2 ) The termcharter school has the meaning4

given such termin section 5 2 1 0 of the Elementary5

andSecondaryEducationA ct of 1 9 6 5 .6

(3) The termlocal educational agency 7

(A ) has the meaning given to that termin8

section 9 1 0 1 of the Elementary and Secondary9

Education A ct of 1 9 6 5 , and shall also include10

the Recovery School District of Louisiana and11

the NewOrleans Public Schools; and12

(B) includes any public charter school that13

constitutes a local educational agency under14

State law.15

(4) The termoutlyingarea 16

(A ) means the United States Virgin Is-17

lands, Guam, A merican Samoa, and the Com-18

monwealth of the Northern Mariana Islands;19

and20

(B) includes the f reely associated states of 21

the Republic of the Marshall Islands, the Fed-22

erated States of Micronesia, and the Republic23

of Palau.24



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1 7 3


(5 ) The termpublic school f acilities includes1

charter schools.2

(6) The termState means each of the 5 03

States, the District of Columbia, and the Common-4

wealthof PuertoRico.5

(7 ) The termLEED Green Building Rating6

System means the United States Green Building7

Council Leadership in Energy and Environmental8

Design greenbuildingratingstandard ref erred toas9

the LEED GreenBuildingRatingSystem.10

(8 ) The termEnergy Star means the Energy11

Star programof the United States Department of 12

Energy and the United States Environmental Pro-13

tectionA gency.14

(9 ) The term CHPS Criteria means the15

green building rating programdeveloped by the Col-16

laborative f or HighPerf ormance Schools.17

(1 0 ) The term Green Globes means the18

Green Building Initiative environmental design and19

ratingsystemref erredtoas GreenGlobes.20

(b) P URPOSE . Grants under this sectionshall be f or21

the purpose of modernizing, renovating, or repairingpub-22

lic school f acilities, basedon their need f or such improve-23

ments, to be saf e, healthy, highperf orming, and up- to-24

datetechnologically.25



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1 7 4


(c) A LLOCA TION OF F UNDS . 1

(1 ) R ESERVA TIONS . 2

(A ) I N GENERA L . Fromthe amount ap-3

propriated to carry out this section, the Sec-4

retary of Education shall reserve 1 percent of 5

such amount, consistent with the purpose de-6

scribedinsubsection(b)7

(i) to provide assistance to the out-8

lyingareas; and9

(ii) f or payments to the Secretary of 10

the Interior to provide assistance to Bu-11

reau- f undedschools.12

(B) A DMINISTRA TION A ND OVERSIGHT . 13

The Secretary may, in addition, reserve up to14

$6 , 0 0 0 , 0 0 0 of such amount f or administration15

andoversight of this section.16

(2 ) A LLOCA TION TO STA TES . 17

(A ) S TA TE -BY-STA TE A LLOCA TION . Of 18

the amount appropriated to carry out this sec-19

tion, and not reserved under paragraph (1 ),20

each State shall be allocated an amount in pro-21

portion to the amount received by all local edu-22

cational agencies in the State under part A of 23

title I of the Elementary and Secondary Edu-24

cation A ct of 1 9 65 f or f iscal year 2 0 0 8 relative25



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1 7 5


to the total amount received by all local edu-1

cational agencies ineveryState under suchpart2

f or suchf iscal year.3

(B) S TA TE A DMINISTRA TION . A State4

may reserve up to 1 percent of its allocation5

under subparagraph(A ) tocarryout its respon-6

sibilities under this section, including7

(i) providing technical assistance to8

local educational agencies;9

(ii) developing, within 6 months of re-10

ceiving its allocation under subparagraph11

(A ), a plan to develop a database that in-12

cludes an inventory of public school f acili-13

ties in the State and the modernization,14

renovation, andrepair needs of , energyuse15

by, and the carbon f ootprint of such16

schools; and17

(iii) developing a school energy ef f i-18

ciencyqualityplan.19

(C) G RA NTS TO LOCA L EDUCA TIONA L 20

A GENCIES . Fromthe amount allocated to a21

State under subparagraph (A ), each local edu-22

cational agency in the State that meets the re-23

quirements of section 1 1 1 2 (a) of the Elemen-24

tary and Secondary Education A ct of 1 9 6 525



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1 7 6


shall receive an amount in proportion to the1

amount receivedbysuchlocal educational agen-2

cy under part A of title I of that A ct f or f iscal3

year 2 0 0 8 relative to the total amount received4

by all local educational agencies in the State5

under suchpart f or suchf iscal year, except that6

no local educational agency that received f unds7

under part A of title I of that A ct f or such f is-8

cal year shall receive a grant of less than9

$5 , 0 0 0 .10

(D) S PECIA L RULE . Section 1 1 2 2 (c)(3)11

of the Elementary and Secondary Education12

A ct of 1 9 6 5 shall not apply to subparagraph13

(A ) or (C).14

(3) S PECIA L RULES . 15

(A ) D ISTRIBUTIONS BY SECRETA RY . The16

Secretary of Education shall mak e and dis-17

tribute the reservations and allocations de-18

scribedinparagraphs (1 ) and(2 ) not later than19

30 days af ter the date of the enactment of this20

A ct.21

(B) D ISTRIBUTIONS BY STA TES . A State22

shall mak e and distribute the allocations de-23

scribed in paragraph (2 )(C) within 30 days of 24

receivingsuchf unds f romthe Secretary.25



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1 7 7


(d) U SE ITOR LOSE IT REQUIREMENTS . 1

(1 ) D EA DLINEFOR BINDINGCOMMITMENTS . 2

Each local educational agency receiving f unds under3

this section shall enter into contracts or other bind-4

ing commitments not later than 1 year af ter the5

date of the enactment of this A ct (or not later than6

9 months af ter such f unds are awarded, if later) to7

mak e use of 5 0 percent of such f unds, and shall8

enter into contracts or other binding commitments9

not later than 2 years af ter the date of the enact-10

ment of this A ct (or not later than 2 1 months af ter11

such f unds are awarded, if later) to mak e use of the12

remaining f unds. In the case of activities to be car-13

ried out directly by a local educational agency (rath-14

er than by contracts, subgrants, or other arrange-15

ments with third parties), a certif ication by the16

agency specif ying the amounts, planned timing, and17

purpose of such expenditures shall be deemed a18

binding commitment f or purposes of this subsection.19

(2 ) R EDISTRIBUTION OF UNCOMMITTED 20

FUNDS . A State shall recover or deobligate any21

f unds not committed in accordance with paragraph22

(1 ), and redistribute such f unds to other local edu-23

cational agencies eligible under this section and able24

to mak e use of such f unds in a timely manner (in-25



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1 7 8


cluding binding commitments within 1 2 0 days af ter1

the reallocation).2

(e) A LLOWA BLE USES OF F UNDS . A local edu-3

cational agency receiving a grant under this section shall4

use the grant f or modernization, renovation, or repair of 5

publicschool f acilities, including6

(1 ) repairing, replacing, or installing roof s, in-7

cluding extensive, intensive or semi- intensive green8

roof s, electrical wiring, plumbing systems, sewage9

systems, lighting systems, or components of such10

systems, windows, or doors, includingsecuritydoors;11

(2 ) repairing, replacing, or installing heating,12

ventilation, air conditioning systems, or components13

of such systems (including insulation), including in-14

door air qualityassessments;15

(3) bringingpublic schools intocompliance with16

f ire, health, and saf ety codes, including prof essional17

installation of f ire / lif e saf ety alarms, including mod-18

ernizations, renovations, and repairs that ensure19

that schools are prepared f or emergencies, such as20

improving building inf rastructure to accommodate21

securitymeasures;22

(4) modif ications necessary to mak e public23

school f acilities accessible to comply with the A meri-24

cans withDisabilities A ct of 1 9 9 0 (42 U. S. C. 1 2 1 0 125



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1 7 9


et seq. ) and section 5 0 4 of the Rehabilitation A ct of 1

1 9 7 3 (2 9 U. S. C. 7 9 4), except that such modif ica-2

tions shall not be the primaryuse of the grant;3

(5 ) asbestos or polychlorinated biphenyls abate-4

ment or removal f rompublic school f acilities;5

(6 ) implementation of measures designed to re-6

duce or eliminate human exposure to lead- based7

paint hazards through methods including interim8

controls, abatement, or a combinationof each;9

(7 ) implementation of measures designed to re-10

duce or eliminate human exposure to mold or mil-11

dew;12

(8 ) upgrading or installing educational tech-13

nology inf rastructure to ensure that students have14

access toup- to- date educational technology;15

(9 ) technology activities that are carried out in16

connectionwithschool repair andrenovation, includ-17

ing18

(A ) wiring;19

(B) acquiringhardware andsof tware;20

(C) acquiring connectivity link ages and re-21

sources; and22

(D) acquiring microwave, f iber optics,23

cable, andsatellite transmissionequipment;24



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1 8 0


(1 0 ) modernization, renovation, or repair of 1

science and engineering laboratory f acilities, librar-2

ies, and career and technical education f acilities, in-3

cluding those related toenergy ef f iciencyandrenew-4

able energy, and improvements to building inf ra-5

structure to accommodate bicycle and pedestrian ac-6

cess;7

(1 1 ) renewable energy generation and heating8

systems, including solar, photovoltaic, wind, geo-9

thermal, or biomass, including wood pellet, systems10

or components of suchsystems;11

(1 2 ) other modernization, renovation, or repair12

of public school f acilities to13

(A ) improve teachers ability to teach and14

students abilitytolearn;15

(B) ensure the health and saf ety of stu-16

dents andstaf f ;17

(C) mak e themmore energyef f icient; or18

(D) reduce class size; and19

(1 3) requiredenvironmental remediationrelated20

to public school modernization, renovation, or repair21

describedinparagraphs (1 ) through(1 2 ).22

(f ) I MPERMISSIBLE USES OF F UNDS . No f unds re-23

ceivedunder this sectionmaybeusedf or24

(1 ) payment of maintenance costs; or25



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1 8 1


(2 ) stadiums or other f acilities primarily used1

f or athletic contests or exhibitions or other events2

f or whichadmissionis chargedto the general public.3

(g) S UPPLEMENT , NOT SUPPLA NT . A local edu-4

cational agency receiving a grant under this section shall5

use such Federal f unds only to supplement and not sup-6

plant the amount of f unds that would, in the absence of 7

such Federal f unds, be available f or modernization, ren-8

ovation, or repair of publicschool f acilities.9

(h) P ROHIBITION REGA RDING STA TE AID . A State10

shall not tak e intoconsiderationpayments under this sec-11

tion in determining the eligibility of any local educational12

agencyinthat State f or State aid, or the amount of State13

aid, withrespect tof reepubliceducationof children.14

(i) S PECIA L RULE ON CONTRA CTING . Each local15

educational agency receiving a grant under this section16

shall ensure that, if the agencycarries out modernization,17

renovation, or repair through a contract, the process f or18

anysuchcontract ensures the maximumnumber of quali-19

f ied bidders, including local, small, minority, and women-20

andveteran- ownedbusinesses, throughf ull andopencom-21

petition.22

( j) S PECIA L RULE ON USE OF IRON A ND STEEL 23

PRODUCED IN THE UNITED STA TES . 24



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1 8 2


(1 ) I N GENERA L . A local educational agency1

shall not obligate or expend f unds received under2

this section f or a pro ject f or the modernization, ren-3

ovation, or repair of a public school f acilityunless all4

of the iron and steel used in such pro ject is pro-5

ducedinthe UnitedStates.6

(2 ) E XCEPTIONS . The provisions of paragraph7

(1 ) shall not apply in any case in which the local8

educational agencyf inds that9

(A ) their application would be inconsistent10

withthe public interest;11

(B) iron and steel are not produced in the12

United States in suf f icient and reasonably13

available quantities and of a satisf actory qual-14

ity; or15

(C) inclusion of iron and steel produced in16

the United States will increase the cost of the17

overall pro ject contract by more than 2 5 per-18

cent.19

(k ) A PPLICA TION OF GEPA . The grant program20

under this section is anapplicable program(as that term21

is def ined insection 4 0 0 of the General Education Provi-22

sions A ct (2 0 U. S. C. 1 2 2 1 )) sub ject tosection439 of such23

A ct (2 0 U. S. C. 1 2 32 b).24



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1 8 4


A dministrator of the Environmental Protection1

A gency, shall provide outreach and technical assist-2

ance to States and school districts concerning the3

best practices in school modernization, renovation,4

and repair, including those related to student aca-5

demic achievement and student and staf f health, en-6

ergyef f iciency, andenvironmental protection.7

(n) Y OUTHBUILD PROGRA MS . The Secretary of 8

Education, in consultation with the Secretary of Labor,9

shall work with recipients of f unds under this section to10

promote appropriate opportunities f or participants in a11

YouthBuild program(as def ined in section 1 7 3A of the12

Work f orce Investment A ct of 1 9 9 8 (2 9 U. S. C. 2 9 1 8 a)) to13

gainemployment experienceonmodernization, renovation,14

andrepair pro jects f undedunder this section.15

(o) R EPORTING . 16

(1 ) R EPORTS BY LOCA L EDUCA TIONA L A GEN -17

CIES . Local educational agencies receiving a grant18

under this section shall compile, and submit to the19

State educational agency (which shall compile and20

submit such reports to the Secretary), a report de-21

scribingthe pro jects f or whichsuchf unds were used,22

including23



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1 8 5


(A ) the number of public schools in the1

agency, including the number of charter2

schools;3

(B) the total amount of f unds received by4

the local educational agency under this section5

andthe amount of suchf unds expended, includ-6

ing the amount expended f or modernization,7

renovation, andrepair of charter schools;8

(C) the number of public schools in the9

agency with a metro- centric locale code of 41 ,10

42 , or 43 as determinedbythe National Center11

f or Education Statistics and the percentage of 12

f unds received by the agency under this section13

that were usedf or pro jects at suchschools;14

(D) the number of public schools in the15

agencythat are eligible f or schoolwide programs16

under section 1 1 1 4 of the Elementary and Sec-17

ondary Education A ct of 1 9 65 and the percent-18

age of f unds received by the agency under this19

section that were used f or pro jects at such20

schools;21

(E) the cost of each pro ject, which, if any,22

of the standards described in subsection (k )(1 )23

the pro ject met, and any demonstrable or ex-24



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1 8 6


pected academic, energy, or environmental ben-1

ef its as a result of the pro ject;2

(F) if f looringwas installed, whether3

(i) it was low- or no- VOC (Volatile4

Organic Compounds) f looring;5

(ii) it was made f romsustainable ma-6

terials; and7

(iii) use of f looringdescribed inclause8

(i) or (ii) was cost ef f ective; and9

(G) the total number and amount of con-10

tracts awarded, and the number and amount of 11

contracts awarded to local, small, minority-12

owned, women- owned, and veteran- owned busi-13

nesses.14

(2 ) R EPORTS BY SECRETA RY . Not later than15

December 31 , 2 0 1 1 , the Secretary of Education16

shall submit to the Committees on Education and17

Labor and A ppropriations of the House of Rep-18

resentatives and the Committees on Health, Edu-19

cation, Labor, and Pensions and A ppropriations of 20

the Senate a report on grants made under this sec-21

tion, including the inf ormation described in para-22

graph (1 ), the types of modernization, renovation,23

and repair f unded, and the number of students im-24

pacted, including the number of students counted25



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1 8 7


under section 1 1 1 3(a)(5 ) of the Elementary and1

SecondaryEducationA ct of 1 9 6 5 .2

SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVA-3

TION, AND REPAIR.4

(a) P URPOSE . Grants awarded under this section5

shall be f or the purpose of modernizing, renovating, and6

repairinginstitutionof higher educationf acilities that are7

primarily used f or instruction, research, or student hous-8

ing.9

(b) G RA NTS TO STA TE HIGHER EDUCA TION AGEN -10

CIES . 11

(1 ) F ORMULA . From the amounts appro-12

priated to carry out this section, the Secretary of 13

Education shall allocate f unds to State higher edu-14

cation agencies based on the number of students at-15

tending institutions of higher education, with the16

State higher education agency in each State receiv-17

ing an amount that is in proportion to the number18

of f ull- time equivalent undergraduate students at-19

tending institutions of higher education in such20

State f or the most recent f iscal year f or which there21

are data available, relative to the total number of 22

f ull- time equivalent undergraduate students attend-23

ing institutions of higher education in all States f or24

suchf iscal year.25



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1 8 8


(2 ) A PPLICA TION . To be eligible to receive an1

allocation f romthe Secretary under paragraph (1 ),2

a State higher education agency shall submit an ap-3

plication to the Secretary at such time and in such4

manner as the Secretarymayreasonablyrequire.5

(3) R EA LLOCA TION . A mounts allocated to a6

State higher education agency under this section7

that are not obligated by such agency within 68

months of the date the agency receives such9

amounts shall be returned to the Secretary, and the10

Secretary shall reallocate such amounts to State11

higher education agencies in other States on the12

same basis as the original allocations under para-13

graph(1 )(B).14

(4) A DMINISTRA TION A ND OVERSIGHT EX -15

PENSES . Fromthe amounts appropriated to carry16

out this section, not more than $6 , 0 0 0 , 0 0 0 shall be17

available to the Secretary f or administrative and18

oversight expenses related to carrying out this sec-19

tion.20

(c) U SEOF GRA NTS BY STA TE HIGHER EDUCA TION 21

AGENCIES . 22

(1 ) S UBGRA NTS TO INSTITUTIONS OF HIGHER 23

EDUCA TION . 24



l:\VA\011509\A011509.004.xml



1 8 9


(A ) I N GENERA L . Except as provided in1

paragraph (2 ), each State higher education2

agency receiving an allocation under subsection3

(b)(1 ) shall use the amount allocated to award4

subgrants to institutions of higher education5

withinthe State tocarryout pro jects inaccord-6

ance withsubsection(d)(1 ).7

(B) S UBGRA NT A WA RD A LLOCA TION . A8

State higher education agency shall award sub-9

grants to institutions of higher education under10

this section based on the demonstrated need of 11

each institution f or f acility modernization, ren-12

ovation, andrepair.13

(C) P RIORITY CONSIDERA TIONS . In14

awarding subgrants under this section, each15

State higher education agency shall give pri-16

orityconsiderationto institutions of higher edu-17

cation with any of the f ollowing characteristics:18

(i) The institution is eligible f or Fed-19

eral assistance under title III or title V of 20

the Higher EducationA ct of 1 9 6 5 .21

(ii) The institution was impacted by a22

ma jor disaster or emergency declared by23

the President (as def ined in section 1 0 2 (2 )24

of the Robert T. Staf f ord Disaster Relief 25



l:\VA\011509\A011509.004.xml



1 9 0


and Emergency A ssistance A ct (42 U. S. C.1

5 1 2 2 (2 ))), including an institution af f ected2

by a Gulf hurricane disaster, as such term3

is def inedinsection8 2 4(g)(1 ) of the High-4

er Education A ct of 1 9 6 5 (2 0 U. S. C.5

1 1 6 1 1 3(g)(1 )).6

(iii) The institution demonstrates that7

the proposed pro ject or pro jects to be car-8

riedout witha subgrant under this section9

will increase the energyef f iciencyof the in-10

stitution s f acilities and comply with the11

LEED GreenBuildingRatingSystem.12

(2 ) A DMINISTRA TIVE A ND OVERSIGHT EX -13

PENSES . Of the allocation amount received under14

subsection (b)(1 ), a State higher education agency15

may reserve not more than 5 percent of such16

amount, or $5 0 0 , 0 0 0 , whichever is less, f or adminis-17

trative and oversight expenses related to carrying18

out this section.19

(d) U SEOF SUBGRA NTS BY INSTITUTIONSOF HIGH -20

ER EDUCA TION . 21

(1 ) P ERMISSIBLEUSES OFFUNDS . A ninstitu-22

tion of higher education receiving a subgrant under23

this section shall use such subgrant to modernize,24

renovate, or repair f acilities of the institution that25



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1 9 1


are primarily used f or instruction, research, or stu-1

dent housing, which may include any of the f ol-2

lowing:3

(A ) Repair, replacement, or installation of 4

roof s, electrical wiring, plumbing systems, sew-5

age systems, or lightingsystems.6

(B) Repair, replacement, or installation of 7

heating, ventilation, or air conditioning systems8

(includinginsulation).9

(C) Compliance with f ire and saf ety codes,10

including11

(i) prof essional installation of f ire or12

lif e saf etyalarms; and13

(ii) modernizations, renovations, and14

repairs that ensure that the institution s15

f acilities are prepared f or emergencies,16

such as improving building inf rastructure17

toaccommodate securitymeasures.18

(D) Retrof itting necessary to increase the19

energyef f iciencyof the institution s f acilities.20

(E) Renovations to the institution s f acili-21

ties necessary to comply with accessibility re-22

quirements in the A mericans with Disabilities23

A ct of 1 9 9 0 (42 U. S. C. 1 2 1 0 1 et seq. ) andsec-24



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1 9 2


tion 5 0 4 of the Rehabilitation A ct of 1 9 7 3 (2 91

U. S. C. 7 9 4).2

(F) A batement or removal of asbestos f rom3

the institution s f acilities.4

(G) Modernization, renovation, and repair5

relating to improving science and engineering6

laboratories, libraries, and instructional f acili-7

ties.8

(H) Upgrading or installation of edu-9

cational technologyinf rastructure.10

(I) Installation or upgrading of renewable11

energy generation and heating systems, includ-12

ingsolar, photovoltaic, wind, biomass (including13

wood pellet), or geothermal systems, or compo-14

nents of suchsystems.15

(J) Other modernization, renovation, or re-16

pair pro jects that are primarily f or instruction,17

research, or student housing.18

(2 ) G REEN SCHOOL REQUIREMENT . A n insti-19

tution of higher education receiving a subgrant20

under this section shall use not less than 2 5 percent21

of such subgrant to carry out pro jects f or mod-22

ernization, renovation, or repair that are certif ied,23

verif ied, or consistent with the applicable provisions24

of 25



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1 9 3


(A ) the LEED GreenBuildingRatingSys-1

tem;2

(B) EnergyStar;3

(C) the CHPS Criteria;4

(D) GreenGlobes; or5

(E) an equivalent programadopted by the6

State or the State higher educationagency.7

(3) P ROHIBITED USES OF FUNDS . No f unds8

awardedunder this sectionmaybe usedf or9

(A ) the maintenance of systems, equip-10

ment, or f acilities, including maintenance asso-11

ciated with any permissible uses of f unds de-12

scribedinparagraph(1 );13

(B) modernization, renovation, or repair of 14

stadiums or other f acilities primarily used f or15

athletic contests or exhibitions or other events16

f or which admission is charged to the general17

public;18

(C) modernization, renovation, or repair of 19

f acilities20

(i) used f or sectarian instruction, reli-21

gious worship, or a school or department22

of divinity; or23



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1 9 4


(ii) in which a substantial portion of 1

the f unctions of the f acilities are subsumed2

ina religious mission; or3

(D) constructionof newf acilities.4

(4) U SEIT OR LOSEIT REQUIREMENTS . 5

(A ) D EA DLINE FOR BINDING COMMIT -6

MENTS . Each institution of higher education7

receiving a subgrant under this section shall8

enter into contracts or other binding commit-9

ments not later than 1 year af ter the date of 10

the enactment of this A ct (or not later than 911

months af ter the subgrant is awarded, if later)12

to mak e use of 5 0 percent of the f unds award-13

ed, and shall enter intocontracts or other bind-14

ing commitments not later than 2 years af ter15

the date of the enactment of this A ct (or not16

later than 2 1 months af ter the subgrant is17

awarded, if later) to mak e use of the remaining18

f unds. In the case of activities tobe carriedout19

directlybyaninstitutionof higher educationre-20

ceiving such a subgrant (rather than by con-21

tracts, subgrants, or other arrangements with22

third parties), a certif ication by the institution23

specif ying the amounts, planned timing, and24

purpose of such expenditures shall be deemed a25



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1 9 5


binding commitment f or purposes of this sec-1

tion.2

(B) R EDISTRIBUTION OF UNCOMMITTED 3

FUNDS . A State higher education agency shall4

recover or deobligate any subgrant f unds not5

committed in accordance with subparagraph6

(A ), and redistribute such f unds to other insti-7

tutions of higher educationthat are8

(i) eligible f or subgrants under this9

section; and10

(ii) able to mak e use of such f unds in11

a timely manner (including binding com-12

mitments within 1 2 0 days af ter the re-13

allocation).14

(e) A PPLICA TION OF GEPA . Thegrant programau-15

thorized in this section is an applicable program(as that16

termis def ined in section 4 0 0 of the General Education17

Provisions A ct (2 0 U. S. C. 1 2 2 1 )) sub ject to section 43918

of such A ct (2 0 U. S. C. 1 2 32 b). The Secretary shall, not-19

withstanding section 437 of such A ct (2 0 U. S. C. 1 2 32 )20

and section 5 5 3 of title 5 , United States Code, establish21

such programrules as may be necessary to implement22

suchgrant programbynoticeintheFederal Register.23

(f ) R EPORTING . 24



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1 9 6


(1 ) R EPORTS BY INSTITUTIONS . Not later1

than September 30 , 2 0 1 1 , each institution of higher2

education receiving a subgrant under this section3

shall submit to the State higher education agency4

awarding such subgrant a report describing the5

pro jects f or which such subgrant was received, in-6

cluding7

(A ) a description of each pro ject carried8

out, or planned to be carried out, with such9

subgrant, including the types of modernization,10

renovation, and repair to be completed by each11

suchpro ject;12

(B) the total amount of f unds received by13

the institution under this section and the14

amount of such f unds expended, as of the date15

of the report, onthe suchpro jects;16

(C) the actual or plannedcost of eachsuch17

pro ject and any demonstrable or expected aca-18

demic, energy, or environmental benef its result-19

ingf romsuchpro ject; and20

(D) the total number of contracts, and21

amount of f unding f or such contracts, awarded22

by the institution to carry out such pro jects, as23

of the date of such report, including the num-24

ber of contracts, and amount of f unding f or25



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1 9 7


such contracts, awarded to local, small, minor-1

ity- owned, women- owned, and veteran- owned2

businesses, as such terms are def ined by the3

Small Business A ct.4

(2 ) R EPORTS BY STA TES . Not later than De-5

cember 31 , 2 0 1 1 , each State higher education agen-6

cy receiving a grant under this section shall submit7

to the Secretarya report containinga compilationof 8

all of the reports under paragraph (1 ) submitted to9

the agencybyinstitutions of higher education.10

(3) R EPORTS BY THESECRETA RY . Not later11

than March 31 , 2 0 1 2 , the Secretary shall submit to12

the Committee on Education and Labor in the13

House of Representatives and the Committee on14

Health, Education, Labor, and Pensions in the Sen-15

ate and Committees on A ppropriations of the House16

of Representatives and the Senate a report on17

grants and subgrants made under this section, in-18

cluding the inf ormation described in paragraph (1 ).19

(g) D EFINITIONS . Inthis section:20

(1 ) C HPS CRITERIA . The termCHPS Cri-21

teria means the green building rating programde-22

veloped by the Collaborative f or High Perf ormance23

Schools.24



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1 9 8


(2 ) E NERGY STA R . The termEnergy Star 1

means the Energy Star program of the United2

States Department of Energyand the United States3

Environmental ProtectionA gency.4

(3) G REEN GLOBES . The term Green5

Globes means the Green Building Initiative envi-6

ronmental design and rating systemref erred to as7

GreenGlobes.8

(4) I NSTITUTION OFHIGHER EDUCA TION . The9

term institution of higher education has the10

meaninggivensuchterminsection 1 0 1 of the High-11

er EducationA ct of 1 9 6 5 .12

(5 ) LEED GREEN BUILDING RA TING SYS -13

TEM . The term LEED Green Building Rating14

System means the United States Green Building15

Council Leadership in Energy and Environmental16

Design greenbuildingratingstandard ref erred toas17

the LEED GreenBuildingRatingSystem.18

(6 ) S ECRETA RY . The termSecretary means19

the Secretaryof Education.20

(7 ) S TA TE . The termState has the mean-21

ing given such termin section 1 0 3 of the Higher22

EducationA ct of 1 9 6 5 (2 0 U. S. C. 1 0 0 3).23

(8 ) S TA TEHIGHER EDUCA TION A GENCY . The24

termState higher educationagency has the mean-25



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1 9 9


ing given such termin section 1 0 3 of the Higher1

EducationA ct of 1 9 6 5 (2 0 U. S. C. 1 0 0 3).2

SEC. 9303. MANDATORY PELL GRANTS.3

Section 4 0 1 (b)(9 )(A ) of the Higher EducationA ct of 4

1 9 6 5 (2 0 U. S. C. 1 0 7 0 a(b)(9 )(A )) is amended5

(1 ) in clause (ii), by strik ing $2 , 0 9 0 , 0 0 0 , 0 0 0 6

andinserting$2 , 7 33, 0 0 0 , 0 0 0 ; and7

(2 ) inclause (iii), bystrik ing$3, 0 30 , 0 0 0 , 0 0 0 8

andinserting$3, 8 6 1 , 0 0 0 , 0 0 0 .9

SEC. 9304. INCREASE STUDENT LOAN LIMITS.10

(a) A MENDMENTS . Section 4 2 8 H(d) of the Higher11

Education A ct of 1 9 6 5 (2 0 U. S. C. 1 0 7 8 - 8 (d)) is amend-12

ed13

(1 ) inparagraph(3)14

(A ) in subparagraph (A ), by strik ing15

$2 , 0 0 0 andinserting$4, 0 0 0 ; and16

(B) in subparagraph (B), by strik ing17

$31 , 0 0 0 andinserting$39 , 0 0 0 ; and18

(2 ) inparagraph(4)19

(A ) insubparagraph(A )20

(i) in clause (i)(I) and clause (iii)(I),21

by strik ing $6 , 0 0 0 each place it appears22

andinserting$8 , 0 0 0 ; and23



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2 0 1


graph shall be applied by substituting1

the rate that is the average rate of 2

the 3- month London Inter Bank Of -3

f ered Rate (LIBOR) f or United4

States dollars in ef f ect f or each of the5

days in such quarter as compiled and6

released by the British Bank ers A sso-7

ciation, minus 0 . 1 3 percent, f or the8

average of the bond equivalent rates9

of the quotes of the 3- month commer-10

cial paper (f inancial) rates in ef f ect11

f or each of the days in such quarter12

as reported by the Federal Reserve in13

PublicationH- 1 5 (or its successor) f or14

such3- monthperiod .15

(II) P A RTICIPA TION INTER -16

ESTS . Notwithstanding subclause (I)17

of this clause, the special allowance18

paidonanyloanheldbya lender that19

has sold participation interests in20

suchloantothe Secretaryshall be the21

rate computed under this subpara-22

graph without regard to subclause (I)23

of this clause, unless the lender agrees24

that the participant s yield with re-25



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2 0 2


spect to such participation interest is1

to be calculated in accordance with2

subclause (I) of this clause. .3

(b) C ONFORMING AMENDMENTS . Section4

438 (b)(2 )(I) of the Higher Education A ct of 1 9 65 (2 05

U. S. C. 1 0 8 7 - 1 (b)(2 )(I)) is f urther amended6

(1 ) in clause (i)(II), by strik ing such average7

bond equivalent rate and inserting the rate deter-8

minedunder subclause (I) ; and9

(2 ) in clause (v)(III), by strik ing (iv), and10

(vi) andinserting(iv), (vi), and(vii) .11

Subtitle D—Related Agencies12

CORPORA TION FOR NA TIONA L A ND COMMUNITY SERVICE 13

OPERA TINGEXPENSES 14

For anadditional amount f or OperatingExpenses 15

to carry out the Domestic Volunteer Service A ct of 1 9 7 316

and the National and Community Service A ct of 1 9 9 017

(1 9 9 0 A ct ), $1 6 0 , 0 0 0 , 0 00 , which shall be used to ex-18

pand existing A meriCorps grants: Provided, That f unds19

made available under this headingmaybe usedtoprovide20

ad justments toawards made prior toSeptember 30 , 2 0 1 021

inorder towaivethematchrequirement authorizedinsec-22

tion 1 2 1 (e)(4) of part I of subtitle C of the 1 9 9 0 Act,23

if the Chief Executive Of f icer of the Corporation f or Na-24

tional and Community Service (CEO ) determines that25



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2 0 3


thegranteehas reducedcapacitytomeet this requirement:1

Provided further, That inaddition to requirements identi-2

f ied herein, f unds provided under this heading shall be3

sub ject tothe terms andconditions under whichf unds are4

appropriated in f iscal year 2 0 0 9 : Provided further, That5

the CEO shall provide the Committees on A ppropriations6

of the House of Representatives and the Senate a f iscal7

year 2 0 0 9 operatingplanf or thef unds appropriatedunder8

this heading prior to mak ing any Federal obligations of 9

suchf unds inf iscal year 2 0 0 9 , but not later than 9 0 days10

af ter the date of enactment of this A ct, and a f iscal year11

2 0 1 0 operating plan f or such f unds prior to mak ing any12

Federal obligations of suchf unds in f iscal year 2 0 1 0 , but13

not later thanNovember 1 , 2 0 0 9 , that detail theallocation14

of resources and the increased number of volunteers sup-15

ported by the A meriCorps programs: Provided further,16

That the CEO shall provide to the Committees onA ppro-17


areport ontheactual obligations, expenditures, andunob-19

ligatedbalances f or eachactivity f undedunder this head-20

ingnot later thanNovember 1 , 2 0 0 9 , andevery6 months21

thereaf ter as longas f undingprovidedunder this heading22

is availablef or obligationor expenditure.23



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2 0 4


NA TIONA L SERVICE TRUST 1

(INCLUDINGTRA NSFER OFFUNDS )2

For an additional amount f or National Service3

Trust established under subtitle D of title I of the Na-4

tional andCommunityService A ct of 1 9 9 0 (1 9 9 0 A ct ),5

$40 , 0 0 0 , 0 0 0 , whichshall remainavailable until expended:6

Provided, That the Corporationf or National andCommu-7

nity Service may transf er additional f unds f rom the8

amount providedwithin OperatingExpenses f or grants9

made under subtitle C of the 1 9 9 0 A ct to this appropria-10

tion upon determination that such transf er is necessary11

to support the activities of national service participants12

andaf ter notice is transmitted to the Committees onA p-13


ate: Provided further, That the amount appropriated f or15

or transf erred to the National Service Trust may be in-16

vested under section 1 4 5 (b) of the 1 9 9 0 A ct without re-17

gard to the requirement to apportion f unds under 3118

U. S. C. 1 5 1 3(b).19

SOCIA L SECURITY ADMINISTRA TION 20

LIMITA TION ON A DMINISTRA TIVEEXPENSES 21


For anadditional amount f or LimitationonA dmin-23

istrative Expenses , $9 0 0 , 0 0 0 , 0 0 0 , whichshall be usedas24

f ollows:25



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2 0 5


(1 ) $40 0 , 0 0 0 , 0 0 0 f or the constructionandasso-1

ciated costs to establish a newNational Computer2

Center, which may include lease or purchase of real3

property: Provided, That the construction plan and4

site selection f or such center shall be sub ject to re-5

viewand approval by the Of f ice of Management and6

Budget: Provided further, That the Committees on7

A ppropriations of the House of Representatives and8

the Senate shall be notif ied 1 5 days in advance of 9

the lease or purchase of such site: Provided further,10

That such center shall continue to be a government-11

operatedf acility; and12

(2 ) $5 0 0 , 0 0 0 , 0 0 0 f or processing disability and13

retirement work loads: Provided, That up to14

$40 , 0 0 0 , 0 0 0 may be used by the Commissioner of 15

Social Security f or health inf ormation technology re-16

search and activities to f acilitate the adoption of 17

electronic medical records in disability claims, in-18

cluding the transf er of f unds to Supplemental Se-19

curity Income Program to carry out activities20

under section 1 1 1 0 of the Social SecurityA ct.21



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2 0 6


TITLE X—MILITARY CONSTRUC-1

TION AND VETERANS AF-2

FAIRS3

DEPA RTMENT OFDEFENSE4

MILITA RY CONSTRUCTION , ARMY 5

For anadditional amount f or MilitaryConstruction,6

A rmy , $9 2 0 , 0 0 0 , 0 0 0 : Provided, That notwithstanding7

any other provision of law, such f unds may be obligated8

and expended to carry out planning and design and mili-9

taryconstructionpro jects in the UnitedStates not other-10

wise authorized by law: Provided further, That of the11

amount provided under this heading, $6 0 0 , 0 0 0 , 0 0 0 shall12

be f or training and recruit troop housing, $2 2 0 , 0 0 0 , 0 0 013

shall be f or permanent party troop housing, and14

$1 0 0 , 0 0 0 , 0 0 0 shall be f or childdevelopment centers: Pro-15

vided further, That not later than30 days af ter the date16

of enactment of this A ct, the Secretary of Def ense shall17


of Representatives andthe Senateanexpenditure planf or19

f unds providedunder this heading.20

MILITA RY

CONSTRUCTION

, NA VY A ND

MA RINE

CORPS

21


Navy and Marine Corps , $35 0 , 0 00 , 0 0 0 : Provided, That23

notwithstanding any other provision of law, such f unds24

maybe obligatedandexpendedtocarryout planningand25



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2 0 7


design and military construction pro jects in the United1

States not otherwise authorized by law: Provided further,2

That of the amount provided under this heading,3

$1 7 0 , 0 0 0 , 0 0 0 shall be f or sailor and marine housing and4

$1 8 0 , 0 0 0 , 0 0 0 shall be f or childdevelopment centers: Pro-5

vided further, That not later than30 days af ter the date6

of enactment of this A ct, the Secretary of Def ense shall7


of Representatives andthe Senateanexpenditure planf or9

f unds providedunder this heading.10

MILITA RY CONSTRUCTION , AIR F ORCE 11


A ir Force , $2 8 0 , 0 0 0 , 0 0 0 : Provided, That notwith-13

standing any other provision of law, such f unds may be14

obligated and expended to carry out planning and design15

andmilitaryconstructionpro jects intheUnitedStates not16

otherwise authorizedbylaw: Provided further, That of the17

amount provided under this heading, $2 0 0 , 0 0 0 , 0 0 0 shall18

be f or airmenhousing and$8 0 , 0 0 0 , 0 0 0 shall be f or child19

development centers: Provided further, That not later than20

30 days af ter the date of enactment of this A ct, the Sec-21

retary of Def ense shall submit to the Committees on A p-22


ate an expenditure plan f or f unds provided under this24

heading.25



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2 0 8


MILITA RY CONSTRUCTION , DEFENSE - WIDE 1


Def ense- Wide , $3, 7 5 0 , 0 0 0 , 0 0 0 , f or the construction of 3

hospitals andambulatorysurgerycenters: Provided, That4





That not later than 30 days af ter the date of enactment9

of this A ct, the Secretary of Def ense shall submit to the10


atives and the Senate an expenditure plan f or f unds pro-12

videdunder this heading.13

MILITA RY CONSTRUCTION , ARMY NA TIONA L GUA RD 14


A rmy National Guard , $1 40 , 0 0 0 , 0 0 0 : Provided, That16












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2 0 9


MILITA RY CONSTRUCTION , AIR NA TIONA L GUA RD 1


A ir National Guard , $7 0 , 0 0 0 , 0 0 0 : Provided, That not-3

withstanding any other provision of law, such f unds may4

be obligated and expended to carry out planning and de-5

sign and military construction pro jects in the United6







MILITA RY CONSTRUCTION , ARMY RESERVE 13


A rmy Reserve , $1 0 0 , 0 0 0 , 0 0 0 : Provided, That notwith-15




otherwise authorized by law: Provided further, That not19

later than30 days af ter the dateof enactment of this A ct,20

the Secretary of Def ense shall submit to the Committees21


Senate anexpenditure plan f or f unds providedunder this23

heading.24



l:\VA\011509\A011509.004.xml



2 1 0


MILITA RY CONSTRUCTION , NA VY RESERVE 1


Navy Reserve , $30 , 0 0 0 , 0 0 0 : Provided, That notwith-3









heading.12

MILITA RY CONSTRUCTION , AIR F ORCE RESERVE 13


A ir ForceReserve , $6 0 , 0 0 0 , 0 0 0 : Provided, That notwith-15









heading.24



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2 1 1


DEPA RTMENT OF DEFENSE BA SE CLOSURE ACCOUNT 1

1 9 9 02

For an additional amount to be deposited into the3

Department of Def ense Base Closure A ccount 1 9 9 0 , es-4

tablished by section 2 9 0 6 (a)(1 ) of the Def ense Base Clo-5

sureandRealignment A ct of 1 9 9 0 (1 0 U. S. C. 2 6 8 7 note),6

$30 0 , 0 0 0 , 0 0 0 : Provided, That not later than30 days af ter7

thedateof enactment of this A ct, theSecretaryof Def ense8

shall submit to the Committees on A ppropriations of the9

House of Representatives and the Senate an expenditure10

planf or f unds providedunder this heading.11

DEPA RTMENT OFVETERA NS A FFA IRS12

VETERA NS HEA LTH ADMINISTRA TION 13

MEDICAL FA CILITIES 14

For anadditional amount f or Medical Facilities f or15

non- recurring maintenance, including energy pro jects,16

$9 5 0 , 0 0 0 , 0 0 0 : Provided, That not later than30 days af ter17

the date of enactment of this A ct, the Secretary of Vet-18

erans A f f airs shall submit to the Committees on A ppro-19


an expenditure plan f or f unds provided under this head-21

ing.22

NA TIONA L CEMETERY ADMINISTRA TION 23

For an additional amount f or National Cemetery24

A dministration f or monument and memorial repairs,25



l:\VA\011509\A011509.004.xml



2 1 2


$5 0 , 0 0 0 , 0 0 0 : Provided, That not later than30 days af ter1

the date of enactment of this A ct, the Secretary of Vet-2

erans A f f airs shall submit to the Committees on A ppro-3


an expenditure plan f or f unds provided under this head-5

ing.6

TITLE XI—DEPARTMENT OF7

STATE8

DEPA RTMENT OFSTA TE9

ADMINISTRA TION OF F OREIGN AFFA IRS 10

CA PITA L INVESTMENT FUND 11

For an additional amount f or Capital Investment12

Fund , $2 7 6 , 0 0 0 , 0 0 0 , of whichupto$1 2 0 , 0 0 0 , 0 0 0 shall13

be available f or the design and construction of a back up14

inf ormation management f acility in the United States to15

support mission- critical operations and pro jects, and up16

to$9 8 , 5 2 7 , 0 0 0 shall be available tocarryout the Depart-17

ment of State s responsibilities under the Comprehensive18

National CybersecurityInitiative: Provided, That the Sec-19

retaryof State shall submit to the Committees onA ppro-20


within 9 0 days of enactment of this A ct a detailedspend-22

ingplanf or f unds appropriatedunder this heading.23



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2 1 3


INTERNA TIONA L COMMISSIONS 1

INTERNA TIONA L BOUNDA RY A ND WA TER COMMISSION ,2

UNITED STA TES A ND MEXICO 3

CONSTRUCTION 4


For anadditional amount f or Construction f or the6

water quantityprogramtomeet immediate repair andre-7

habilitation requirements, $2 2 4, 0 0 0 , 0 0 0 : Provided, That8

upto$2 , 0 0 0 , 0 0 0 maybe transf erredto, andmergedwith,9

f unds available under the heading International Bound-10

ary and Water Commission, United States and Mexico11

Salaries andExpenses , andsuchamount shall be inlieu12

of amounts available under section 1 1 0 6 of this A ct: Pro-13

vided, That the Secretary of State shall submit to the14


atives andthe Senate within 9 0 days of enactment of this16

A ct a detailedspendingplanf or f unds appropriatedunder17

this heading.18



l:\VA\011509\A011509.004.xml



2 1 4


TITLE XII—TRANSPORTATION,1

AND HOUSING AND URBAN2

DEVELOPMENT3

DEPA RTMENT OFTRA NSPORTA TION4

F EDERA L AVIA TION ADMINISTRA TION 5

GRA NTS -IN -A ID FOR A IRPORTS 6

For anadditional amount f or Grants- in- A idf or A ir-7

ports , toenable the Secretaryof Transportationtomak e8

grants f or discretionary pro jects as authorized by sub-9

chapter I of chapter 47 1 andsubchapter I of chapter 4 7 510

of title49 , UnitedStates Code, $3, 0 0 0 , 0 0 0 , 0 0 0 : Provided,11

That suchf unds shall not besub ject toapportionment f or-12

mulas, special apportionment categories, or minimumper-13

centages under chapter 47 1 : Provided further, That the14

conditions, certif ications, and assurances required f or15

grants under subchapter I of chapter 47 1 of such title16

apply: Provided further, That f or purposes of applyingsec-17

tion 1 1 0 4 of this A ct to this appropriation, the deadline18

f or grantees toenter intocontracts or other bindingcom-19

mitments to mak e use of not less than 5 0 percent of the20

f unds awardedshall be 1 2 0 days af ter awardof the grant.21

F EDERA L HIGHWA Y ADMINISTRA TION 22

HIGHWA Y INFRA STRUCTUREINVESTMENT 23

For pro jects andactivities eligible under section1 3324

of title 2 3, United States Code, section144 of such title25



l:\VA\011509\A011509.004.xml



2 1 5


(without regardtosubsection(g)), andsections 1 0 3, 1 1 9 ,1

1 34, 1 48 , and 1 49 of such title, $30 , 0 0 0 , 0 0 0 , 0 0 0 , of 2

which $30 0 , 0 0 0 , 0 0 0 shall be f or Indian reservation roads3

under section2 0 4 of suchtitle; $2 5 0 , 0 0 0 , 0 0 0 shall be f or4

park roads andpark ways under section 2 0 4 of such title;5

$2 0 , 0 0 0 , 0 0 0 shall be f or highway surf ace transportation6

andtechnologytrainingunder section140(b) of suchtitle;7

and $2 0 , 0 0 0 , 0 0 0 shall be f or disadvantaged business en-8

terprises bonding assistance under section 332 (e) of title9

49 , United States Code: Provided, That the amount set10


this A ct shall not be more than 0 . 2 percent of the f unds12

made available under this heading insteadof the percent-13

age specif iedinsuchsection: Provided further, That, af ter14

mak ingthe set- asides authorizedbythe previous provisos,15

the f unds made available under this heading shall be dis-16

tributed among the States, and Puerto Rico, A merican17

Samoa, Guam, the VirginIslands, andtheCommonwealth18

of the NorthernMariana Islands, inthe same ratioas the19

obligation limitation f or f iscal year 2 0 0 8 was distributed20

amongtheStates inaccordancewiththe f ormulaspecif ied21

insection 1 2 0 (a)(6 ) of divisionK of Public Law1 1 0 1 6 1 ,22

but, inthe case of the PuertoRicoHighwayProgramand23

theTerritorial HighwayProgram, under section 1 2 0 (a)(5 )24

of such division: Provided further, That 45 percent of the25



l:\VA\011509\A011509.004.xml



2 1 6


f unds distributed to a State under this heading shall be1

suballocated within the State in the manner and f or the2

purposes described in section 1 33(d) of title 2 3, United3

States Code, (without regard to the comparison to f iscal4

year 2 0 0 5 in paragraph (2 )): Provided further, That in5

selecting pro jects to be f unded, recipients shall give pri-6

oritytopro jects that canawardcontracts within 1 2 0 days7

of enactment of this A ct, are included in an approved8

Statewide Transportation Improvement Program(STIP)9

and / or Metropolitan Transportation Improvement Pro-10

gram(TIP), are pro jected f or completion within a three-11

year time f rame, and are located in economically dis-12

tressed areas as def ined by section 30 1 of the Public13

Work s and Economic Development A ct of 1 9 6 5 , as14

amended (42 U. S. C. 31 6 1 ): Provided further, That f unds15

made available under this heading shall be administered16

as if apportioned under chapter 1 of title 2 3, United17

States Code, except f or f unds made available f or Indian18

reservation roads and park roads and park ways which19

shall be administeredinaccordance withchapter 2 of title20

2 3, United States Code: Provided further, That the Fed-21

eral share payable on account of any pro ject or activity22

carried out with f unds made available under this heading23

shall, at the optionof the recipient, be up to 1 0 0 percent24

of the total cost thereof : Provided further, That f unds25



l:\VA\011509\A011509.004.xml



2 1 7


made available by this A ct shall not be obligated f or the1

purposes authorized under section 1 1 5 (b) of title 2 3,2

UnitedStates Code: Provided further, That the provisions3

of section 1 1 0 1 (b) of Public Law 1 0 9 5 9 shall apply to4

f unds madeavailableunder this heading: Provided further,5

That, in lieu of the redistribution required by section6

1 1 0 4 (b) of this A ct, if less than 5 0 percent of the f unds7

made available to each State and territory under this8

heading are obligated based on awarded contracts within9

1 2 0 days af ter the date of distribution of those f unds to10

the States andterritories, then the portionof the 5 0 per-11

cent of the total f undingdistributed to the State or terri-12

tory that has not been obligated based on awarded con-13

tracts shall be redistributed, in the manner described in14

section 1 2 0 (c) of division K of Public Law 1 1 0 1 6 1 , to15

those States and territories that have obligated, based on16

awardedcontracts, at least 5 0 percent of the f unds made17

available under this heading and are able to obligate18

amounts inadditiontothosepreviouslydistributed, except19

that, f or those f unds suballocatedwithinthe State, if less20

than 5 0 percent of the f unds so suballocated within the21

State are obligated, based on awarded contracts, within22

9 0 days of suballocation, then the portion of the 5 0 per-23

cent of f unding so suballocated that has not been obli-24

gated, basedonawardedcontracts, will be returnedtothe25



l:\VA\011509\A011509.004.xml



2 1 8


State f or use anywhere in the State prior to being redis-1

tributed in accordance with the f irst part of this proviso:2

Provided further, That, in lieu of the redistribution re-3

quired by section 1 1 0 4 (b) of this A ct, any f unds made4

available under this headingthat are not obligated, based5

on awarded contracts, by A ugust 1 , 2 0 1 0 , shall be redis-6

tributed, inthemanner describedinsection 1 2 0 (c) of divi-7

sion K of Public Law 1 1 0 1 6 1 , to those States able to8

obligate amounts in addition to those previously distrib-9

uted, except that f unds suballocatedwithinthe State that10

are not obligated, basedonawardedcontracts, byJuly1 ,11

2 0 1 0 , will be returned to the State f or use anywhere in12

the State prior to being redistributed in accordance with13

the f irst part of this proviso: Provided further, That not-14

withstanding section1 1 0 3 of this A ct, f unds made avail-15

ableunder this headingshall beapportionednot later than16

7 days af ter thedateof enactment of this A ct.17

F EDERA L RA ILROA D ADMINISTRA TION 18

CA PITA L A SSISTA NCEFOR INTERCITY PA SSENGER RA IL 19

SERVICE 20

For anadditional amount f or Capital A ssistance f or21

Intercity Passenger Rail Service to enable the Secretary22

of Transportation to mak e grants f or capital costs as au-23

thorized by chapter 2 44 of title 49 United States Code,24

$30 0 , 0 0 0 , 0 0 0 : Provided, That notwithstanding section25



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2 1 9


1 1 0 3 of this A ct, the Secretary shall give pref erence to1

pro jects f or the repair, rehabilitation, upgrade, or pur-2

chase of railroad assets or inf rastructure that can be3

awarded within 1 8 0 days of enactment of this A ct: Pro-4

vided further, That inawardinggrants f or the acquisition5

of apieceof rollingstockor locomotive, theSecretaryshall6

give pref erence to FRA- compliant rolling stock and loco-7

motives: Provided further, That the Secretary shall give8

pref erence to pro jects that support the development of 9

intercityhighspeedrail service: Provided further, That the10

Federal share shall be, at the option of the recipient, up11

to 1 0 0 percent.12

CA PITA L A ND DEBT SERVICEGRA NTS TO THENA TIONA L 13

RA ILROA D PA SSENGER CORPORA TION 14

For an additional amount f or Capital and Debt15

Service Grants to the National Railroad Passenger Cor-16

poration (A mtrak ) to enable the Secretary of Transpor-17

tationtomak e capital grants toA mtrakas authorizedby18

section 1 0 1 (c) of the Passenger Rail Investment and Im-19

provement A ct of 2 0 0 8 (Public Law 1 1 0 432 ),20

$8 0 0 , 0 0 0 , 0 0 0 : Provided, That priority shall be given to21

pro jects f or the repair, rehabilitation, or upgrade of rail-22

roadassets or inf rastructure: Provided further, That none23

of the f unds under this headingshall be usedtosubsidize24

theoperatinglosses of A mtrak : Provided further, Notwith-25



l:\VA\011509\A011509.004.xml



2 2 0


standing section 1 1 0 3 of this A ct, f unds made available1

under this headingshall be awardednot later than7 days2

af ter thedateof enactment of this A ct.3

F EDERA L TRA NSIT ADMINISTRA TION 4

TRA NSIT CA PITA L A SSISTA NCE 5

For transit capital assistance grants,6

$6 , 0 0 0 , 0 0 0 , 0 0 0 , of which $5 , 40 0 , 0 0 0 , 0 0 0 shall be f or7

grants under section 5 30 7 of title 4 9 , UnitedStates Code8

andshall be apportioned inaccordance withsection5 3369

of such title (other than subsections (i)(1 ) and ( j)) but10

maynot be combinedor commingledwithanyother f unds11

apportioned under such section 5 336 , and of which12

$6 0 0 , 0 0 0 , 0 0 0 shall be f or grants under section 5 31 1 of 13

suchtitleandshall beapportionedinaccordancewithsuch14

section5 31 1 but maynot becombinedor commingledwith15

anyother f unds apportionedunder that section: Provided,16

That of the f unds provided f or section 5 31 1 under this17

heading, 3 percent shall be made available f or section18

5 31 1 (c)(1 ): Provided further, That applicable chapter 5 319

requirements shall applyexcept that the Federal share of 20

the costs f or which a grant is made under this heading21

shall be, at the optionof the recipient, upto 1 0 0 percent:22

Provided further, In lieu of the requirements of section23

1 1 0 3 of this A ct, f unds made available under this heading24

shall be apportioned not later than 7 days af ter the date25



l:\VA\011509\A011509.004.xml



2 2 1


of enactment of this A ct: Provided further, That f or pur-1

poses of applying section 1 1 0 4 of this A ct to this appro-2

priation, the deadline f or grantees to enter into contracts3

or other binding commitments to mak e use of not less4

than 5 0 percent of the f unds awarded shall be 1 2 0 days5

af ter apportionment: Provided further, That the provisions6

of section 1 1 0 1 (b) of Public Law 1 0 9 5 9 shall apply to7

f unds madeavailableunder this heading: Provided further,8

That notwithstanding any other provision of law, of the9

f unds apportioned inaccordance withsection5 336 , up to10

three- quarters of 1 percent shall be available f or adminis-11

trative expenses and programmanagement oversight and12

of the f unds apportionedinaccordance withsection5 31 1 ,13

uptoone- half of 1 percent shall be available f or adminis-14

trative expenses and programmanagement oversight and15

both amounts shall remain available f or obligation until16

September 30 , 2 0 1 2 : Provided further, That the preceding17

provisoshall applyinlieuof theprovisions insection 1 1 0 618

of this A ct.19

FIXED GUIDEWA Y INFRA STRUCTUREINVESTMENT 20

For an amount f or capital expenditures authorized21

under section5 30 9 (b)(2 ) of title 4 9 , UnitedStates Code,22

$2 , 0 0 0 , 0 0 0 , 0 0 0 : Provided, That the Secretary of Trans-23

portationshall apportionf unds under this headingpursu-24

ant to the f ormula set f orth in section 5 337 of title 4 9 ,25



l:\VA\011509\A011509.004.xml



2 2 2


UnitedStates Code: Provided further, That the f unds ap-1

propriated under this heading shall not be commingled2

with f unds available under the Formula and Bus Grants3

account: Provided further, In lieu of the requirements of 4

section1 1 0 3 of this A ct, f unds made available under this5

heading shall be apportioned not later than 7 days af ter6

the date of enactment of this A ct: Provided further, That7

f or purposes of applying section 1 1 0 4 of this A ct to this8

appropriation, the deadline f or grantees toenter intocon-9

tracts or other binding commitments to mak e use of not10

less than 5 0 percent of the f unds awarded shall be 1 2 011

days af ter apportionment: Provided further, That applica-12

ble chapter 5 3 requirements shall apply except that the13

Federal shareof thecosts f or whicha grant is madeunder14

this heading shall be, at the option of the recipient, up15

to 1 0 0 percent: Provided further, That the provisions of 16

section 1 1 0 1 (b) of PublicLaw1 0 9 5 9 shall applytof unds17

made available under this heading: Provided further, That18

notwithstanding any other provision of law, up to 1 per-19

cent of the f unds under this headingshall be available f or20

administrative expenses and programmanagement over-21

sight and shall remain available f or obligation until Sep-22

tember 30 , 2 0 1 2 : Provided further, That the preceding23

provisoshall applyinlieuof theprovisions insection 1 1 0 624

of this A ct.25



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2 2 3


CA PITA L INVESTMENT GRA NTS 1

For an additional amount f or Capital Investment2

Grants , as authorized under section 5 338 (c)(4) of title3

49 , United States Code, and allocated under section4

5 309 (m)(2 )(A ) of such title, to enable the Secretary of 5

Transportationtomak ediscretionarygrants as authorized6

by section5 309 (d) and (e) of such title, $1 , 0 0 0 , 0 00 , 0 00 :7

Provided, That suchamount shall be allocatedwithout re-8

gard to the limitation under section 5 30 9 (m)(2 )(A )(i):9

Provided further, That in selecting pro jects to be f unded,10

priorityshall begiventopro jects that arecurrentlyincon-11

struction or are able to award contracts based on bids12

within1 2 0 days of enactment of this A ct: Provided further,13

That f or purposes of applying section 1 1 0 4 of this A ct14

to this appropriation, the deadline f or grantees to enter15

intocontracts or other bindingcommitments tomak e use16

of not less than 5 0 percent of the f unds awarded shall17

be1 2 0 days af ter award: Provided further, That theprovi-18

sions of section 1 1 0 1 (b) of PublicLaw1 0 9 5 9 shall apply19

to f unds made available under this heading: Provided fur-20

ther, That applicable chapter 5 3 requirements shall apply,21

except that notwithstanding any other provision of law,22

up to 1 percent of the f unds under this heading shall be23

available f or administrative expenses and programman-24

agement oversight and shall remain available f or obliga-25



l:\VA\011509\A011509.004.xml



2 2 4


tionuntil September 30 , 2 0 1 2 : Provided further, That the1

preceding proviso shall apply in lieu of the provisions in2

section 1 1 0 6 of this A ct.3

DEPA RTMENT OFHOUSINGA ND URBA N4

DEVELOPMENT5

PUBLIC A ND INDIA N HOUSING 6

PUBLIC HOUSINGCA PITA L FUND 7

For an additional amount f or Public Housing Cap-8

ital Fund tocarryout capital andmanagement activities9

f or public housing agencies, as authorized under section10

9 of the United States Housing A ct of 1 9 37 (42 U. S. C.11

1 437 g) (the A ct ), $5 , 0 00 , 0 00 , 0 0 0 : Provided, That the12

Secretary of Housing and Urban Development shall dis-13

tribute at least $4, 0 0 0 , 0 0 0 , 0 0 0 of this amount by the14

same f ormula used f or amounts made available in f iscal15

year 2 0 0 8 : Provided further, That public housingauthori-16

ties shall give priority to capital pro jects that can award17

contracts based on bids within 1 2 0 days f romthe date18

the f unds are made available to the public housing au-19

thorities: Provided further, That public housing agencies20

shall givepriorityconsiderationtothe rehabilitationof va-21

cant rental units: Provided further, That notwithstanding22

anyother provisionof the A ct or regulations, (1 ) f unding23

provided herein may not be used f or Operating Fund ac-24

tivities pursuant to section 9 (g) of the A ct, and (2 ) any25



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2 2 5


restriction of f unding to replacement housing uses shall1

be inapplicable: Provided further, That public housing2

agencies shall prioritize capital pro jects underway or al-3

ready in their 5 - year plans: Provided further, That of the4

amount provided under this heading, the Secretary may5

obligate up to $1 , 0 0 0 , 0 00 , 0 00 , f or competitive grants to6

public housing authorities f or activities including: (1 ) in-7

vestments that leverage private sector f unding or f inanc-8

ing f or housing renovations and energy conservation ret-9

rof it investments; (2 ) rehabilitationof units usingsustain-10

ablematerials andmethods that improveenergyef f iciency,11

reduce energy costs, or preserve and improve units with12

good access to public transportation or employment cen-13

ters; (3) increase theavailabilityof af f ordable rental hous-14

ing by expediting rehabilitation pro jects to bring vacant15

units into use or by f illing the capital investment gap f or16

redevelopment or replacement housingpro jects whichhave17

been approved or are otherwise ready to proceed but are18

stalled due to the inability to obtain anticipated private19

capital; or (4) address the needs of seniors and persons20

withdisabilities throughimprovements tohousingandre-21

lated f acilities which attract or promote the coordinated22

deliveryof supportive services: Provided further, That the23

Secretarymaywaive statutoryor regulatoryprovisions re-24

lated to the obligation and expenditure of capital f unds25



l:\VA\011509\A011509.004.xml



2 2 6


if necessary to f acilitate the timely expenditure of f unds1

(except f or requirements related to f air housing, non-2

discrimination, labor standards, andtheenvironment).3

ELDERLY , DISA BLED , A ND SECTION 8 A SSISTED HOUSING 4

ENERGY RETROFIT 5

For grants or loans toowners of properties receiving6

pro ject- based assistance pursuant to section 2 0 2 of the7

Housing A ct of 1 9 5 9 (1 2 U. S. C. 1 7 0 1 2 ), section 8 1 1 of 8

the Cranston- Gonzalez National A f f ordable Housing A ct9

(42 U. S. C. 8 0 1 3), or section8 of theUnitedStates Hous-10

ing A ct of 1 9 37 (42 U. S. C. 1 4 37 f ), to accomplish energy11

retrof it investments, $2 , 5 0 0 , 0 0 0 , 0 0 0 : Provided, That such12

loans or grants shall be provided through the Of f ice of 13

A f f ordable Housing Preservation of the Department of 14

HousingandUrbanDevelopment, onsuchterms andcon-15

ditions as the Secretary of Housing and Urban Develop-16

ment deems appropriate: Provided further, That eligible17

owners must have at least a satisf actory management re-18

viewrating, be in substantial compliance with applicable19

perf ormance standards and legal requirements, and com-20

mit toanadditional periodof af f ordabilitydeterminedby21

the Secretary: Provided further, That the Secretary shall22

undertak eappropriateunderwritingandoversight withre-23

spect tosuchtransactions: Provided further, That theSec-24

retary may set aside f unds made available under this25



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2 2 7


heading f or an ef f iciency incentive payable upon satisf ac-1

tory completion of energy retrof it investments, and may2

provide additional incentives if such investments resulted3

inextraordinaryjobcreationf or low- income andverylow-4

income persons: Provided further, that of the f unds pro-5

videdunder this heading, 1 percent shall be available only6

f or staf f ing, training, technical assistance, technology,7

monitoring, researchandevaluationactivities.8

NA TIVEA MERIC A N HOUSINGBLOCK GRA NTS 9

For an additional amount f or Native A merican10

HousingBlockGrants , as authorizedunder title I of the11

Native A mericanHousingA ssistance andSelf - Determina-12

tion A ct of 1 9 9 6 (NA HA SDA ) (2 5 U. S. C. 41 1 1 et13

seq. ), $5 0 0 , 0 0 0 , 0 0 0 : Provided, That $2 5 0 , 0 0 0 , 0 0 0 of the14

amount appropriated under this heading shall be distrib-15

utedaccordingtothe same f undingf ormula usedinf iscal16

year 2 0 0 8 : Provided further, That in selecting pro jects to17

be f unded, recipients shall give priority to pro jects that18

can award contracts based on bids within 1 2 0 days f rom19

the date that f unds are available to the recipients: Pro-20

vided further, That in allocating the f unds appropriated21

under this heading, the Secretary of Housing and Urban22

Development shall not require an additional action plan23

f romgrantees: Provided further, That the Secretary may24

obligate $2 5 0 , 0 0 0 , 0 0 0 of the amount appropriated under25



l:\VA\011509\A011509.004.xml



2 2 8


this headingf or competitive grants toeligible entities that1

applyf or f unds as authorizedunder NA HA SDA : Provided2

further, That inawardingcompetitivef unds, theSecretary3

shall give priority to pro jects that will spur construction4

and rehabilitation and will create employment opportuni-5

ties f or low- incomeandunemployedpersons.6

COMMUNITY PLA NNINGA ND DEVELOPMENT 7

COMMUNITY DEVELOPMENT FUND 8

For an additional amount f or Community Develop-9

ment Fund $1 , 0 0 0 , 0 0 0 , 0 0 0 , tocarryout the community10

development block grant programunder title I of the11

Housing and Community Development A ct of 1 9 7 4 (4212

U. S. C. 5 30 1 et seq. ): Provided, That the amount appro-13

priated in this paragraph shall be distributed according14

tothesamef undingf ormulausedinf iscal year 2 0 0 8 : Pro-15

vided further, That in allocating the f unds appropriated16

in this paragraph, the Secretary of Housing and Urban17

Development shall not require an additional action plan18

f romgrantees: Provided further, That inselectingpro jects19

tobe f unded, recipients shall give prioritytopro jects that20

can award contracts based on bids within 1 2 0 days f rom21

the date the f unds are made available to the recipients;22

Provided further, That inadministeringf unds providedin23

this paragraph, the Secretary maywaive any provision of 24

any statute or regulation that the Secretary administers25



l:\VA\011509\A011509.004.xml



2 2 9


in connection with the obligation by the Secretary or the1

use by the recipient of these f unds (except f or require-2

ments related to f air housing, nondiscrimination, labor3

standards, andtheenvironment), upona f indingthat such4

waiver is requiredtof acilitate thetimelyuseof suchf unds5

andwould not be inconsistent with the overall purpose of 6

thestatute.7

For af urther additional amount f or CommunityDe-8

velopment Fund , $4, 1 9 0 , 0 0 0 , 0 0 0 , to be used f or neigh-9

borhood stabilization activities related to emergency as-10

sistance f or the redevelopment of abandoned and f ore-11

closed homes as authorized under division B, title III of 12

the HousingandEconomic RecoveryA ct of 2 0 0 8 (Public13

Law1 1 0 2 8 9 ), of which14

(1 ) not less than $3, 440 , 0 0 0 , 0 0 0 shall be allo-15

cated by a competition f or which eligible entities16

shall be States, units of general local government,17

and nonprof it entities or consortia of nonprof it enti-18

ties: Provided, That the awardcriteria f or suchcom-19

petition shall include grantee capacity, leveraging20

potential, targeted impact of f oreclosure prevention,21

and any additional f actors determined by the Sec-22

retaryof HousingandUrbanDevelopment: Provided23

further, that the Secretarymayestablisha minimum24

grant size: Provided further, That amounts made25



l:\VA\011509\A011509.004.xml



2 30


available under this Section may be used to (A ) es-1

tablish f inancingmechanisms f or purchase andrede-2

velopment of f oreclosed- upon homes and residential3

properties, including such mechanisms as sof t- sec-4

onds, loan loss reserves, and shared- equity loans f or5

low- andmoderate- income homebuyers; (B) purchase6

and rehabilitate homes and residential properties7

that have been abandoned or f oreclosed upon, in8

order to sell or rent such homes and properties; (C)9

establish and operate land bank s f or homes that10

have been f oreclosed upon; (D) demolish f oreclosed11

properties that have become blighted structures; and12

(E) redevelop demolished or vacant f oreclosed prop-13

erties in order to sell or rent such properties; and14

(2 ) up to $7 5 0 , 0 0 0 , 0 0 0 shall be awarded by15

competition tononprof it entities or consortia of non-16

prof it entities to provide community stabilization as-17

sistance by (A ) accelerating state and local govern-18

ment and nonprof it productivity; (B) increasing the19

scale and ef f iciency of property transf ers of f ore-20

closed and vacant residential properties f romf inan-21

cial institutions and government entities to qualif ied22

local housing providers in order to return the prop-23

erties to productive af f ordable housing use; (C)24

building industry and property management capac-25



l:\VA\011509\A011509.004.xml



2 31


ity; and (D) partnering with private sector real es-1

tate developers and contractors and leveraging pri-2

vate sector capital: Provided further, That suchcom-3

munity stabilization assistance shall be provided pri-4

marily in States and areas with high rates of de-5

f aults andf oreclosures tosupport the acquisition, re-6

habilitationandpropertymanagement of single- f am-7

ily and multi- f amily homes and to work in partner-8

ship with the private sector real estate industry and9

to leverage available private and public f unds f or10

those purposes: Provided further, That f or purposes11

of this paragraph qualif ied local housing providers12

shall be nonprof it organizations with demonstrated13

capabilities in real estate development or acquisition14

andrehabilitationor propertymanagement of single-15

or multi- f amily homes, or local or state governments16

or instrumentalities of such governments: Provided17

further, That qualif ied local housing providers shall18

be expected to utilize and leverage additional local19

nonprof it, governmental, f or- prof it and private re-20

sources:21

Provided further, That in the case of any f oreclosure on22

anydwellingor residential real propertyacquiredwithany23

amounts made availableunder this heading, anysuccessor24

in interest in such property pursuant to the f oreclosure25



l:\VA\011509\A011509.004.xml



2 32


shall assume such interest sub ject to (1 ) the provision1

by such successor in interest of a notice to vacate to any2

bona f ide tenant at least 9 0 days bef ore the ef f ective date3

of suchnotice; and(2 ) the rights of anybona f ide tenant,4

as of the date of suchnotice of f oreclosure (A ) under any5

bonaf ideleaseenteredintobef orethenoticeof f oreclosure6

tooccupythepremises until theendof theremainingterm7

of the lease, except that a successor ininterest maytermi-8

nate a lease ef f ective on the date of sale of the unit to9

a purchaser who will occupy the unit as a primary resi-10

dence, sub ject to the receipt by the tenant of the 9 0 - day11

noticeunder this paragraph; or (B) without aleaseor with12

a lease terminable at will under State law, sub ject to the13

receipt bythe tenant of the 9 0 - daynoticeunder this para-14

graph, except that nothing in this paragraph shall af f ect15

therequirements f or terminationof anyFederal- or State-16

subsidized tenancy or of any State or local lawthat pro-17

vides longer time periods or other additional protections18

f or tenants: Provided further, That, f or purposes of this19

paragraph, aleaseor tenancyshall beconsideredbonaf ide20

only if (1 ) the mortgagor under the contract is not the21

tenant; (2 ) the leaseor tenancywas the result of anarms-22

length transaction; and (3) the lease or tenancy requires23

the receipt of rent that is not substantially less than f air24

mark et rent f or the property: Provided further, That the25



l:\VA\011509\A011509.004.xml



2 33


recipient of any grant or loan f romamounts made avail-1

able under this headingmaynot ref use tolease a dwelling2

unit inhousingassistedwithsuchloanor grant toa hold-3

er of a voucher or certif icate of eligibility under section4

8 of the United States Housing A ct of 1 9 37 (42 U. S. C.5

1 437 f ) because of the status of the prospective tenant as6

such a holder: Provided further, That in the case of any7

qualif ied f oreclosed housing f or which f unds made avail-8

able under this headingare usedandinwhicha recipient9

of assistance under section 8 (o) of the U. S. Housing A ct10

of 1 9 37 resides at the time of acquisition or f inancing,11

the owner and any successor in interest shall be sub ject12

to the lease and to the housing assistance payments con-13

tract f or the occupied unit: Provided further, That14

vacating the property prior to sale shall not constitute15

goodcausef or terminationof the tenancyunless theprop-16

erty is unmark etable while occupied or unless the owner17

or subsequent purchaser desires the unit f or personal or18

f amilyuse: Provided further, That this paragraphshall not19

preempt anyState or local lawthat provides more protec-20

tion f or tenants: Provided further, That amounts made21

available under this heading may be used f or the costs22

of demolishing f oreclosed housing that is deteriorated or23

unsaf e: Provided further, That the amount f or demolition24

of such housing may not exceed 1 0 percent of amounts25



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2 34


allocatedunder this paragraphtoStates andunits of gen-1

eral local government: Provided further, That noamounts2

f roma grant made under this paragraph may be used to3

demolish any public housing (as such termis def ined in4

section 3 of the United States Housing A ct of 1 9 37 (425

U. S. C. 1 4 37 a)): Provided further, That section2 301 (d)(4)6

of theHousingandEconomicRecoveryA ct of 2 0 0 8 (Pub-7

licLaw1 1 0 2 8 9 ) is repealed.8

HOMEINVESTMENT PA RTNERSHIPS PROGRA M 9

For an additional amount f or HOME Investment10

Partnerships Program as authorizedunder TitleII of the11

Cranston- GonzalezNational A f f ordableHousingA ct (the12

A ct ), $1 , 5 0 0 , 0 0 0 , 0 0 0 : Provided, That the amount appro-13

priated under this heading shall be distributed according14

tothesamef undingf ormulausedinf iscal year 2 0 0 8 : Pro-15

vided further, That the Secretary of Housing and Urban16

Development maywaive statutoryor regulatoryprovisions17

related to the obligation of such f unds if necessary to f a-18

cilitatethetimelyexpenditureof f unds (except f or require-19

ments related to f air housing, nondiscrimination, labor20

standards, and the environment): Provided further, That21

inselectingpro jects tobe f unded, recipients shall give pri-22

ority to pro jects that can award contracts based on bids23

within 1 2 0 days f romthe date that f unds are available24

totherecipients.25



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2 35


SELF -HELP A ND A SSISTED HOMEOWNERSHIP 1

OPPORTUNITY PROGRA M 2

For an additional amount f or Self - Help and A s-3

sistedHomeownershipOpportunityProgram , as author-4

ized under section 1 1 of the Housing Opportunity Pro-5

gramExtensionA ct of 1 9 9 6 , $1 0 , 0 0 0 , 0 0 0 : Provided, That6

in awarding competitive grant f unds, the Secretary of 7

HousingandUrbanDevelopment shall giveprioritytothe8

provisionandrehabilitationof sustainable, af f ordable sin-9

gle and multif amily units in low- income, high- need rural10

areas: Provided further, That in selecting pro jects to be11

f unded, grantees shall give priority to pro jects that can12

award contracts based on bids within 1 2 0 days f romthe13

datethef unds aremadeavailabletothegrantee.14

HOMELESS A SSISTA NCEGRA NTS 15

For an additional amount f or Homeless A ssistance16

Grants , f or the emergencyshelter grants programas au-17

thorizedunder subtitleB of tileIVof theMcKinney- Vento18

Homeless A ssistance A ct, $1 , 5 0 0 , 0 0 0 , 0 0 0 : Provided, That19

in addition to homeless prevention activities specif ied in20

the emergency shelter grant program, f unds provided21

under this headingmaybe usedf or the provisionof short-22

termor medium- termrental assistance; housingrelocation23

and stabilization services including housing search, medi-24

ationor outreachtopropertyowners, legal services, credit25



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2 36


repair, resolutionof securityor utilitydeposits, utilitypay-1

ments, rental assistance f or a f inal month at a location,2

and moving costs assistance; or other appropriate home-3

lessness preventionactivities; Provided further, That these4

f unds shall be allocated pursuant to the f ormula author-5

ized by section 41 3 of such A ct: Provided further, That6

the Secretary of Housing and Urban Development may7

waivestatutoryor regulatoryprovisions relatedtotheobli-8

gationanduseof emergencyshelter grant f unds necessary9

tof acilitatethetimelyexpenditureof f unds.10

OFFICEOF HEA LTHY HOMES A ND LEA D HA ZA RD 11

CONTROL 12

LEA D HA ZA RD REDUCTION 13

For an additional amount f or Lead Hazard Reduc-14

tion , f or theLeadHazardReductionProgramas author-15

izedbysection 1 0 1 1 of the Residential Lead- BasedPaint16

Hazard Reduction A ct of 1 9 9 2 , $1 0 0 , 0 0 0 , 0 0 0 : Provided,17

That f or purposes of environmental review, pursuant to18

theNational Environmental PolicyA ct of 1 9 6 9 (42 U. S. C.19

432 1 et seq. ) andother provisions of lawthat f urther the20

purposes of such A ct, a grant under the Healthy Homes21

Initiative, Operation Lead Elimination A ction Plan22

(LEA P), or the Lead Technical Studies programunder23

this heading or under prior appropriations A cts f or such24

purposes under this heading, shall be considered to be25



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2 37


f unds f or a special pro ject f or purposes of section30 5 (e)1

of the Multif amily Housing Property Disposition Ref orm2

A ct of 1 9 9 4: Provided further, That of the total amount3

made available under this heading, $30 , 0 0 0 , 0 0 0 shall be4

made available on a competitive basis f or areas with the5

highest leadpaint abatement needs.6


SEC. 12001. MAINTENANCE OF EFFORT AND REPORTING8

REQUIREMENTS TO ENSURE TRANSPARENCY9

AND ACCOUNTABILITY.10

(a) M A INTENA NCEOF EFFORT . Not later than 3011

days af ter the date of enactment of this A ct, f or each12

amount that is distributed to a State or agency thereof 13

f roman appropriation in this A ct f or a covered program,14

the Governor of the State shall certif y that the State will15

maintain its ef f ort with regard to State f unding f or the16

types of pro jects that are f undedbythe appropriation. A s17

part of this certif ication, the Governor shall submit tothe18

covered agency a statement identif ying the amount of 19

f unds the State plannedtoexpendas of the date of enact-20

ment of this A ct f romnon- Federal sources in the period21

beginning on the date of enactment of this A ct through22

September 30 , 2 0 1 0 , f or the types of pro jects that are23

f undedbytheappropriation.24

(b) P ERIODIC REPORTS . 25



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2 38


(1 ) I N GENERA L . Notwithstanding any other1

provisionof law, eachgrant recipient shall submit to2

the coveredagencyf romwhichtheyreceivedf unding3

periodic reports onthe use of the f unds appropriated4

in this A ct f or covered programs. Such reports shall5

be collected and compiled by the covered agency and6

transmittedtoCongress.7

(2 ) C ONTENTS OFREPORTS . For amounts re-8

ceived under each covered programby a grant re-9

cipient under this A ct, the grant recipient shall in-10

clude in the periodic reports inf ormation track ing11

(A ) the amount of Federal f unds appro-12

priated, allocated, obligated, andoutlayedunder13

the appropriation;14

(B) the number of pro jects that have been15

put out to bid under the appropriation and the16

amount of Federal f unds associated with such17

pro jects;18

(C) the number of pro jects f or which con-19

tracts have been awarded under the appropria-20

tion and the amount of Federal f unds associ-21

atedwithsuchcontracts;22

(D) the number of pro jects f or which work 23

has begun under such contracts and the24



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2 39


amount of Federal f unds associated with such1

contracts;2

(E) the number of pro jects f or which work 3

has been completed under such contracts and4

the amount of Federal f unds associated with5

suchcontracts;6

(F) the number of jobs created or sus-7

tained by the Federal f unds provided f or8

pro jects under the appropriation, including in-9

f ormationonjobsectors andpaylevels; and10

(G) f or each covered programreport inf or-11

mation track ing the actual aggregate expendi-12

tures by each grant recipient f romnon- Federal13

sources f or pro jects eligible f or f unding under14

the programduringthe periodbeginningonthe15

date of enactment of this A ct through Sep-16

tember 30 , 2 0 1 0 , as compared to the level of 17

such expenditures that were planned to occur18

during such period as of the date of enactment19

of this A ct.20

(3) T IMINGOFREPORTS . Eachgrant recipient21

shall submit the f irst of the periodic reports required22

under this subsection not later than 30 days af ter23

the date of enactment of this A ct and shall submit24

updated reports not later than 6 0 days, 1 2 0 days,25



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2 40


1 8 0 days, 1 year, and 3 years af ter suchdate of en-1

actment.2

(c) D EFINITIONS . Inthis section, the f ollowingdef i-3

nitions apply:4

(1 ) C OVERED A GENCY . The term covered5

agency means the Federal A viation A dministration,6

the Federal Highway A dministration, the Federal7

Railroad A dministration, and the Federal Transit8

A dministration of the Department of Transpor-9

tation.10

(2 ) C OVERED PROGRA M . The termcovered11

program means f unds appropriated in this A ct f or12

Grants- in- A idf or A irports to the Federal A viation13

A dministration; f or Highway Inf rastructure Invest-14

ment to the Federal Highway A dministration; f or15

Capital A ssistance f or Intercity Passenger Rail16

Service to the Federal Railroad A dministration; f or17

Transit Capital A ssistance , Fixed Guideway In-18

f rastructure Investment , and Capital Investment19

Grants tothe Federal Transit A dministration.20

(3) G RA NT RECIPIENT . The termgrant re-21

cipient means a State or other recipient of assist-22

ance provided under a covered programin this A ct.23

Such termdoes not include a Federal department or24

agency.25



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2 41


SEC. 12002. FHA LOAN LIMITS FOR 2009.1

(a) L OA N LIMIT F LOOR BA SED ON 2 0 0 8 LEVELS . 2

For mortgages f or which the mortgagee issues credit ap-3

proval f or the borrower duringcalendar year 2 0 0 9 , if the4

dollar amount limitation on the principal obligation of a5

mortgage determined under section 2 0 3(b)(2 ) of the Na-6

tional Housing A ct (1 2 U. S. C. 1 7 0 9 (b)(2 )) f or any size7

residencef or anyareais less thansuchdollar amount lim-8

itation that was in ef f ect f or such size residence f or such9

area f or 2 0 0 8 pursuant to section 2 0 2 of the Economic10

Stimulus A ct of 2 0 0 8 (Public Law1 1 0 - 1 8 5 ; 1 2 2 Stat.11

6 2 0 ), notwithstandinganyother provisionof law, themax-12

imumdollar amount limitationonthe principal obligation13

of a mortgage f or such size residence f or such area f or14

purposes of suchsection2 0 3(b)(2 ) shall beconsidered(ex-15

cept f or purposes of section 2 5 5 (g) of suchA ct (1 2 U. S. C.16

1 7 1 5 z2 0 (g))) to be such dollar amount limitation in ef -17

f ect f or suchsizeresidencef or suchareaf or 2 0 0 8 .18

(b) D ISCRETIONA RY AUTHORITY FOR SUB - AREA S . 19

Notwithstanding any other provision of law, if the Sec-20

retaryof HousingandUrbanDevelopment determines, f or21

anygeographicareathat is smaller thananareaf or which22

dollar amount limitations on the principal obligation of a23

mortgage are determined under section 2 0 3(b)(2 ) of the24

National HousingA ct, that ahigher suchmaximumdollar25

amount limitation is warranted f or any particular size or26



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2 43


Stat. 6 1 9 ), notwithstandinganyother provisionof law, the1

limitationonthe maximumoriginal principal obligationof 2

a mortgage f or suchA ssociationandCorporationf or such3

sizeresidencef or suchareashall besuchmaximumlimita-4

tion in ef f ect f or such size residence f or such area f or5

2 0 0 8 .6

(b) D ISCRETIONA RY AUTHORITY FOR SUB - AREA S . 7

Notwithstanding any other provision of law, if the Direc-8

tor of the Federal Housing Finance A gency determines,9

f or any geographic area that is smaller than an area f or10

which limitations on the maximumoriginal principal obli-11

gation of a mortgage are determined f or the Federal Na-12

tional Mortgage A ssociation or the Federal Home Loan13

MortgageCorporation, that ahigher suchmaximumorigi-14

nal principal obligation limitation is warranted f or any15

particular size or sizes of residences in such sub- area by16

higher medianhome prices insuchsub- area, the Director17

may, f or mortgages originated during 2 0 0 9 , increase the18

maximumoriginal principal obligation limitation f or such19

size or sizes of residences f or suchsub- area that is other-20

wise inef f ect (includingpursuant tosubsection(a) of this21

section) f or such A ssociation and Corporation, but in no22

case to an amount that exceeds the amount specif ied in23

the matter f ollowing the comma in section 2 0 1 (a)(1 )(B)24

of theEconomicStimulus A ct of 2 0 0 8 .25



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2 44


SEC. 12004. FHA REVERSE MORTGAGE LOAN LIMITS FOR1

2009.2

For mortgages f or whichthe mortgagee issues credit3

approval f or the borrower duringcalendar year 2 0 0 9 , the4

secondsentenceof section 2 5 5 (g) of theNational Housing5

A ct (1 2 U. S. C. 1 7 1 5 2 0 (g)) shall be considered to require6

that in no case may the benef its of insurance under such7

section 2 5 5 exceed 1 5 0 percent of the maximumdollar8

amount in ef f ect under the sixth sentence of section9

30 5 (a)(2 ) of the Federal Home Loan Mortgage Corpora-10

tionA ct (1 2 U. S. C. 1 45 4(a)(2 )).11

TITLE XIII—STATE FISCAL12

STABILIZATION FUND13

DEPA RTMENT OFEDUCA TION14

STA TE F ISCA L STA BILIZA TION F UND 15

For necessary expenses f or a State Fiscal Stabiliza-16

tion Fund, $7 9 , 0 0 0 , 0 0 0 , 0 0 0 , which shall be administered17

by the Department of Education, of which18

$39 , 5 0 0 , 0 0 0 , 0 0 0 shall become available on July 1 , 2 0 0 919

and remain available through September 30 , 2 0 1 0 , and20

$39 , 5 0 0 , 0 0 0 , 0 0 0 shall become available on July 1 , 2 0 1 021

and remain available through September 30 , 2 0 1 1 : Pro-22

vided, That theprovisions of section11 0 3 of this A ct shall23

not apply to the f unds reserved under section 1 30 0 1 (c)24

of this title: Provided further, That the amount made25

available under section1 30 0 1 (b) of this title f or adminis-26



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2 45


tration and oversight shall tak e the place of the set- aside1

under section 1 1 0 6 of this A ct.2


SEC. 13001. ALLOCATIONS.4

(a) O UTLYING AREA S . Fromeachyear s appropria-5

tion to carry out this title, the Secretary of Education6

shall f irst allocate one half of 1 percent to the outlying7

areas onthe basis of their respective needs, as determined8

by the Secretary, f or activities consistent with this title9

under suchterms andconditions as the Secretarymayde-10

termine.11

(b) A DMINISTRA TION A ND OVERSIGHT . The Sec-12

retary may, in addition, reserve up to $1 2 , 5 0 0 , 0 0 0 each13

year f or administrationandoversight of this title, includ-14

ingf or programevaluation.15

(c) R ESERVA TION FOR ADDITIONA L PROGRA MS . 16

A f ter reserving f unds under subsections (a) and (b), the17

Secretary shall reserve $7 , 5 0 0 , 0 0 0 , 0 0 0 each year f or18

grants under sections1 300 6 and1 30 0 7 .19

(d) S TA TE ALLOCA TIONS . A f ter carrying out sub-20

sections (a), (b), and (c), the Secretary shall allocate the21

remaining f unds made available to carry out this title to22

theStates as f ollows:23

(1 ) 6 1 percent on the basis of their relative24

populationof individuals aged5 through2 4.25



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2 46


(2 ) 39 percent on the basis of their relative1

total population.2

(e) S TA TE GRA NTS . Fromf unds allocated under3

subsection (d), the Secretary shall mak e grants to the4

Governor of eachState.5

(f ) R EA LLOCA TION . The Governor shall return to6

theSecretaryanyf unds receivedunder subsection(e) that7

theGovernor does not obligatewithinoneyear of receiving8

a grant, and the Secretary shall reallocate such f unds to9

the remaining States in accordance with subsection (d).10

SEC. 13002. STATE USES OF FUNDS.11

(a) E DUCA TION F UND . 12

(1 ) I N GENERA L . For each f iscal year, the13

Governor shall use at least 6 1 percent of the State s14

allocation under section 1 30 0 1 f or the support of el-15

ementary, secondary, andpostsecondaryeducation.16

(2 ) R ESTORING2 0 0 8 STA TESUPPORT FOR EDU -17

CA TION . 18

(A ) I N GENERA L . The Governor shall19

f irst use the f unds describedinparagraph(1 )20

(i) to provide the amount of f unds,21

through the State s principal elementary22

and secondary f unding f ormula, that is23

neededtorestore State support f or elemen-24



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2 47


tary and secondary education to the f iscal1

year 2 0 0 8 level; and2

(ii) to provide the amount of f unds to3

public institutions of higher education in4

the State that is needed to restore State5

support f or postsecondary education to the6

f iscal year 2 0 0 8 level.7

(B) S HORTFA LL . If the Governor deter-8

mines that the amount of f unds available under9

paragraph (1 ) is insuf f icient to restore State10

support f or education to the levels described in11

clauses (i) and (ii) of subparagraph (A ), the12

Governor shall allocate those f unds between13

those clauses inproportiontothe relative short-14

f all in State support f or the education sectors15

describedinthose clauses.16

(3) S UBGRA NTS TO IMPROVEBA SIC PROGRA MS 17

OPERA TED BY LOCA L EDUCA TIONA L A GENCIES . 18

A f ter carryingout paragraph(2 ), the Governor shall19

use any f unds remaining under paragraph (1 ) to20

provide local educational agencies in the State with21

subgrants based on their relative shares of f unding22

under part A of title I of the Elementary and Sec-23

ondary Education A ct of 1 9 6 5 (2 0 U. S. C. 6 31 1 et24



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2 49


f unds f or educationandgeneral expenditures, andinsuch1

a way as to mitigate the need to raise tuition and f ees2

f or in- Statestudents.3

(b) P ROHIBITION . A n institution of higher edu-4

cation may not use f unds received under this title to in-5

creaseits endowment.6

(c) A DDITIONA L PROHIBITION . A n institution of 7

higher education may not use f unds received under this8

titlef or construction, renovation, or f acilityrepair.9

SEC. 13005. STATE APPLICATIONS.10

(a) I N GENERA L . The Governor of a State desiring11

to receive an allocation under section 1 30 0 1 shall submit12

an annual application at such time, in such manner, and13

containingsuchinf ormationas the Secretarymayreason-14

ablyrequire.15

(b) F IRST YEA R APPLICA TION . In the f irst of such16

applications, theGovernor shall17

(1 ) include the assurances described in sub-18

section(e);19

(2 ) provide baseline data that demonstrates the20

State s current status in each of the areas described21

insuchassurances; and22

(3) describe howthe State intends touse its al-23

location.24



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2 5 0


(c) S ECOND YEA R APPLICA TION . Inthesecondyear1

application, theGovernor shall2

(1 ) include the assurances described in sub-3

section(e); and4

(2 ) describe howthe State intends touse its al-5

location.6

(d) I NCENTIVE GRA NT APPLICA TION . TheGovernor7

of a State seek ing a grant under section 1 30 0 6 shall8

(1 ) submit anapplicationf or consideration;9

(2 ) describe the status of the State s progress10

in each of the areas described in subsection (e), and11

the strategies the State is employing to help ensure12

that high- need students in the State continue mak -13

ing progress towards meeting the State s student14

academic achievement standards;15

(3) describe howthe State would use its grant16

f unding, including howit will allocate the f unds to17

give priority to high- need schools and local edu-18

cational agencies; and19

(4) include a plan f or evaluating its progress in20

closingachievement gaps.21

(e) A SSURA NCES . A n application under subsection22

(b) or (c) shall includethef ollowingassurances:23

(1 ) M A INTENA NCEOFEFFORT . 24



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2 5 1


(A ) E LEMENTA RY A ND SECONDA RY EDU -1

CA TION . The State will, in each of f iscal years2

2 0 0 9 and 2 0 1 0 , maintain State support f or ele-3

mentary and secondary education at least at4

the level of suchsupport inf iscal year 2 0 0 6 .5

(B) H IGHER EDUCA TION . The State will,6

ineachof f iscal years 2 0 0 9 and2 0 1 0 , maintain7

State support f or public institutions of higher8

education (not including support f or capital9

pro jects or f or research and development) at10

least at the level of such support in f iscal year11

2 0 0 6 .12

(2 ) A CHIEVINGEQUITY IN TEA CHER DISTRIBU -13

TION . The State will tak e actions to comply with14

section 1 1 1 1 (b)(8 )(C) of ESEA (2 0 U. S. C.15

631 1 (b)(8 )(C)) in order to address inequities in the16

distribution of teachers between high- and low- pov-17

erty schools, and to ensure that low- income and mi-18

nority children are not taught at higher rates than19

other children by inexperienced, unqualif ied, or out-20

of - f ieldteachers.21

(3) I MPROVING COLLECTION A ND USE OF 22

DA TA . The State will establish a longitudinal data23

systemthat includes the elements described in sec-24



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2 5 2


tion 6 4 0 1 (e)(2 )(D) of the A merica COMPETES A ct1

(2 0 U. S. C. 9 8 7 1 ).2

(4) A SSESSMENTS . The State3

(A ) will enhance the quality of academic4

assessments described in section 1 1 1 1 (b)(3) of 5

ESEA (2 0 U. S. C. 6 31 1 (b)(3)) through activi-6

ties such as those described in section 6 1 1 2 (a)7

of suchA ct (2 0 U. S. C. 7 30 1 a(a)); and8

(B) will comply with the requirements of 9

paragraphs 3(C)(ix) and (6 ) of section 1 1 1 1 (b)10

of ESEA (2 0 U. S. C. 6 31 1 (b)) and section11

6 1 2 (a)(1 6 ) of IDEA (2 0 U. S. C. 1 41 2 (a)(1 6 ))12

related to the inclusion of children with disabil-13

ities and limited English prof icient students in14

State assessments, the development of validand15

reliable assessments f or those students, and the16

provision of accommodations that enable their17

participationinState assessments.18

SEC. 13006. STATE INCENTIVE GRANTS.19

(a) I N GENERA L . Fromthe total amount reserved20

under section1 30 0 1 (c) that is not usedf or section1 30 0 7 ,21

the Secretary shall, in f iscal year 2 0 1 0 , mak e grants to22

States that have made signif icant progress inmeetingthe23

ob jectives of paragraphs (2 ), (3), and (4) of section24

1 30 0 5 (e).25



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2 5 3


(b) B A SIS FOR GRA NTS . The Secretary shall deter-1

mine which States receive grants under this section, and2

the amount of those grants, on the basis of inf ormation3

provided in State applications under section 1 30 0 5 and4

such other criteria as the Secretary determines appro-5

priate.6

(c) S UBGRA NTS TO LOCA L EDUCA TIONA L AGEN -7

CIES . Each State receiving a grant under this section8

shall use at least 5 0 percent of the grant to provide local9

educational agencies inthe State withsubgrants basedon10

their relative shares of f unding under part A of title I of 11

ESEA (2 0 U. S. C. 6 31 1 et seq. ) f or the most recent year.12

SEC. 13007. INNOVATION FUND.13

(a) I N GENERA L . 14

(1 ) P ROGRA M ESTA BLISHED . Fromthe total15

amount reserved under section 1 30 0 1 (c), the Sec-16

retary may reserve up to $32 5 , 0 0 0 , 0 0 0 each year to17

establish an Innovation Fund, which shall consist of 18

academic achievement awards that recognize States,19

local educational agencies, or schools that meet the20

requirements describedinsubsection(b).21

(2 ) B A SIS FOR A WA RDS . The Secretary shall22

mak e awards to States, local educational agencies,23

or schools that have made signif icant gains in clos-24



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2 5 4


ing the achievement gap as described in subsection1

(b)(1 )2

(A ) to allowsuch States, local educational3

agencies, and schools to expand their work and4

serve as models f or best practices;5

(B) to allowsuch States, local educational6

agencies, and schools to work in partnership7

with the private sector and the philanthropic8

community; and9

(C) toidentif yanddocument best practices10

that canbe shared, and tak en toscale basedon11

demonstratedsuccess.12

(b) E LIGIBILITY . To be eligible f or such an award,13

aState, local educational agency, or school shall14

(1 ) have signif icantly closed the achievement15

gaps betweengroups of students describedinsection16

1 1 1 1 (b)(2 ) of ESEA (2 0 U. S. C. 6 31 1 (b)(2 ));17

(2 ) have exceeded the State s annual measur-18

able ob jectives consistent with such section19

1 1 1 1 (b)(2 ) f or 2 or more consecutive years or have20

demonstrated success in signif icantly increasing stu-21

dent academic achievement f or all groups of stu-22

dents described in such section through another23

measure, such as measures described in section24

1 1 1 1 (c)(2 ) of ESEA ;25



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2 5 5


(3) have made signif icant improvement in other1

areas, such as graduation rates or increased recruit-2

ment and placement of high- quality teachers and3

school leaders, as demonstrated with meaningf ul4

data; and5

(4) demonstrate that they have established6

partnerships with the private sector, which may in-7

clude philanthropic organizations, and that the pri-8

vate sector will provide matching f unds in order to9

helpbringresults toscale.10

SEC. 13008. STATE REPORTS.11

For eachyear of theprogramunder this title, aState12

receiving f unds under this title shall submit a report to13

the Secretary, at such time and in such manner as the14

Secretarymayrequire, that describes15

(1 ) the uses of f unds provided under this title16

withinthe State;17

(2 ) howthe State distributed the f unds it re-18

ceivedunder this title;19

(3) the number of jobs that the Governor esti-20

mates were savedor createdwithf unds the State re-21

ceivedunder this title;22

(4) tax increases that the Governor estimates23

were averted because of the availability of f unds24

f romthis title;25



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2 5 6


(5 ) the State s progress in reducing inequities1

in the distribution of teachers, in implementing a2

State student longitudinal data system, andindevel-3

oping and implementing valid and reliable assess-4

ments f or limited English prof icient students and5

childrenwithdisabilities;6

(6 ) the tuition and f ee increases f or in- State7

students imposed by public institutions of higher8

education in the State during the period of avail-9

ability of f unds under this title, and a description of 10

any actions tak en by the State to limit those in-11

creases; and12

(7 ) the extent to which public institutions of 13

higher educationmaintained, increased, or decreased14

enrollment of in- State students, including students15

eligible f or Pell Grants or other need- based f inancial16

assistance.17

SEC. 13009. EVALUATION.18

The Comptroller General of the United States shall19

conduct evaluations of theprograms under sections 1 30 0 620

and 1 30 0 7 which shall include, but not be limited to, the21

criteria usedf or the awards made, the States selected f or22

awards, award amounts, howeach State used the award23

received, and the impact of this f unding on the progress24

madetowardclosingachievement gaps.25



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2 5 7


SEC. 13010. SECRETARY’S REPORT TO CONGRESS.1

TheSecretaryshall submit areport totheCommittee2

onEducationandLabor of the House of Representatives,3

the Committee on Health, Education, Labor, and Pen-4

sions of the Senate, and the Committees on A ppropria-5

tions of the House of Representatives and of the Senate,6

not less than 6 months f ollowing the submission of State7

reports, that evaluates the inf ormation provided in the8

Statereports under section1 30 08 .9

SEC. 13011. PROHIBITION ON PROVISION OF CERTAIN AS-10

SISTANCE.11

No recipient of f unds under this title shall use such12

f unds toprovide f inancial assistance tostudents toattend13

privateelementaryor secondaryschools.14

SEC. 13012. DEFINITIONS.15

Except as otherwise provided in this title, as used in16

this title17

(1 ) the terminstitution of higher education 18

has the meaning given such termin section 1 0 1 of 19

the Higher Education A ct of 1 9 6 5 (2 0 U. S. C.20

1 0 0 1 );21

(2 ) the termSecretary means the Secretary22

of Education;23

(3) the termState means each of the 5 024

States, the District of Columbia, and the Common-25

wealthof PuertoRico; and26



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2 5 8


(4) any other termused in this title that is de-1

f ined in section 9 1 0 1 of ESEA (2 0 U. S. C. 7 8 0 1 )2

shall have the meaning given the termin that sec-3

tion4


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